GENERAL  LAWS 

OF  THE 

STATE  OF  CALIFORNIA 

AS  AMENDED  TO  THE  END  OF  THE  SESSION  OF  1909. 


CONTAINING  THE  LAWS,   IN  FULL,,   THAT  ARE   IN  COMMON  USE, 

WITH  REFERENCES   TO  OTHER  GENERAL  LAWS  IN  FORCE, 

AND       ALSO       TO       SPECIAL     LAWS,     WITH     STATUTORY 

HISTORY     AND    CITATIONS    UP    TO     AND     INCLUDING 

VOLUME  154  CALIFORNIA  REPORTS  AND  VOLUME 

9  CALIFORNIA  APPELLATE  REPORTS. 


WITH   APPENDICES    CONTAINING  ENACTMENTS^  IHKM^B^EfilJJs 
TREATED  OF  IN  THE  FOUR  CODES.  j 

.     1950 


LIBR-RY 
_UNIVERSI.YOFCALIFnffWM 


IR_NIA     J 


SAN  FRANCISCO 
BENDER- MOSS  COMPANY 

LAW  PUBLISHERS  AND  BOOKSELLERS 

1910 


Copyright,  1910 
By  Bender-Moss  Company 


KA3i 

A1 

17  ^"f 

CONTENTS. 

(For  Contents  of  Appendices,  see  p.  xvii.) 

Title      1. 

Abortion,  p.  1. 

Wi^- 

Title      2. 

Accord  and  Satisfaction,  p.  L 

/ 

Title     3. 

Accountants,  p.  1. 

f 

Title      4. 

Acknowledgments,- p.  3. 

Title      5. 

Adoption,  p.  4. 

Title      6. 

Adulteration,  p.  4. 

Title      7. 

Adultery,  p.  6. 

Title      8. 

Aged  Persons,  p.  6. 

Title      9. 

Agents,  p.  7. 

Title    10. 

Agriculture,  p.  7. 

Title    11. 

Alameda  City,  p.  17. 

Title    12. 

Alameda  County,  p.  18. 

Title    13. 

Alameda  Creek,  p.  20. 

Title    14. 

Aliens,  p.  21. 

Title    15. 

Alpine  County,  p.  22. 

Title    16. 

Alviso  City,  p.  22. 

Title    17. 

Amador  City,  p.  22. 

Title    18. 

Amador  County,  p.  23. 

Title    19. 

American  Water  and  Mining  Company,  p.  23. 

Title    20. 

Anaheim,  p.  24. 

Title    21. 

Anatomy,  p.  24. 

Title    22. 

Animals,  p.  24. 

Title    23. 

Antioch,  p.  27. 

Title    24. 

Antonio  Creek,  p.  27. 

Title    25. 

Antwerp  Messenger,  p.  27, 

Title    26. 

Apprentices,  p.  27. 

Title    27. 

Arbitration,  p.  28. 

Title    28. 

Architecture,  p.  30. 

Title    29. 

Arms,  p.  34. 

Title    30. 

Arrest,  p.  34. 

Title    31. 

Arroyo  del  Medo,  p.  34, 

Title    32. 

Artesian  Wells,  p.  34, 

Title    33. 

Asexualization,  p.  84. 

Title    34. 

Assault,  p.  35. 

Title    35. 

Assessors,  p.  35. 

Title    36. 

Assignments  of  Contracts,  p.  35. 

Title    37. 

Attorney  General,  p.  36. 

Title    38. 

Attorneys  at  Law,  p.  36. 

Title    39. 

Auburn,  p.  36. 

Title    40. 

Bankruptcy  and  Insolvency,  p.  36. 

Title    41. 

Banks  and"  Banking,  p.  37. 

Title    42. 

Barbers,  p.  40. 

(iii) 


iV!627505 


iv 


Title  43. 

Title  44. 

Title  45. 

Title  46. 

Title  47. 

Title  48. 

Title  49. 

Title  50. 

Title  51. 

Title  52. 

Title  53. 

Title  54. 

Title  55. 

Title  56. 

Title  57. 

Title  58. 

Title  59. 

Title  60. 

Title  61. 

Title  62. 

Title  63. 

Title  64. 

Title  65. 

Title  66. 

Title  67. 

Title  68. 

Title  69. 

Title  70. 

Title  71. 

Title  72. 

Title  73. 

Title  74. 

Title  75. 

Title  76. 

Title  77. 

Title  78. 

Title  79. 

Title  80. 

Title  81. 

Title  82. 

Title  83. 

Title  84. 

Title  85. 

Title  86. 

Title  87. 

Title  88. 

Title  89. 

Title  90. 


Bee  Culture,  p.  40. 

Benefit  Societies,  p.  40. 

Benevolent  Corporations,  p.  40. 

Benicia,  p.  41. 

Berkeley,  p.  41. 

Big  Trees,  p.  41. 

Bills  and  Notes,  p.  42. 

Bird  and  Arbor  Day,  p.  42. 

Blue  Book,  p.  42. 

B'nai  B'rith,  p.  42. 

Board  of  Examiners,  p.  43. 

Boards  of  Freeholders,  p.  43. 

Bonds,  p.  43. 

Booms,  p.  53. 

Boundaries  of  State,  p.  53. 

Bounties,  p.  53. 

Branciforte,  p.  54. 

Brazos  del  Eio,  p.  54. 

Bridges,  p.  54. 

Brooklyn,  p.  57. 

Building  and  Loan  Associations,  p.  57. 

Buoys  and  Beacons,  p.  64. 

Burial,  p.  65. 

Burnt  or  Destroyed  Eecords  or  Documents,  p.  65. 

Butte  County,  p.  70. 

Butter,  p.  71. 

Calaveras  County,  p.  74. 

California  and  Oregon  Railroad  Company,  p.  75. 

California  Pacific  Railroad  Company,  p.  75. 

California  Polytechnic  School,  p.  75. 

California  Redwood  Park,  p.  76. 

California  State  Trades  and  Training  School,  p.  77. 

California  Statutes,  Index  to,  p.  79. 

California  Volunteers,  p.  79. 

Canal  Corporations,  p.  80. 

Canals,  p.  80. 

Capitol,  p.  80. 

Cemeteries,  p.  80. 

Cemetery  Corporations,  p.  84. 

Census,  p.  84. 

Central  Pacific  Railroad  Company,  p.  85. 

Chambers  of  Commerce,  p.  85. 

Charities  and  Corrections,  p.  85. 

Cheese,  p.  88. 

Chico,  p.  89. 

Chinese,  p.  89. 

City  Attorney,  p.  90. 

CivU  Eights,  p.  90. 


CONTENTS. 


91, 


93. 
94. 
95. 
96. 
97. 


Title 
Title 
Title 
Title 
Title 
Title 
Title 
Title  98. 
Title  99. 
Title  100. 
Title  101. 
Title  102. 
Title  103. 
Title  104. 
Title  105. 
Title  106. 
Title  107. 
Title  108. 
Title  109. 
Title  110. 
Title  111. 
Title  112. 
Title  113. 
Title  114. 
Title  115. 
Title  116. 
Title  117. 
Title  118. 
Title  119. 
Title  120. 
Title  121. 
Title  122. 
Title  123. 
Title  124. 
Title  125. 
Title  126. 
Title  127. 
Title  128. 
Title  129. 
Title  130. 
Title  131. 
Title  132. 
Title  133. 
Title  134. 
Title  135. 
Title  136. 
Title  137. 
Title  138. 


Clear  Lake,  p.  91. 

Clovcrdale,  p.  91. 

Coast  Survey,  p.  91. 

Codes,  p.  91. 

College  City,  p.  91. 

Colleges,  p.  92. 

Coloma,  p.  92. 

Colton  Hall,  p.  92. 

Colusa  County,  p.  92. 

Colusa,  Town  of,  p.  94. 

Commissioners  in  Equity,  p.  94. 

Commissioners  of  Transportation,  p.  94. 

Common  Law,  p.  95. 

Congress,  p.  95. 

Conspiracy,  p.  95. 

Constables,  p.  95. 

Constitution,  p.  96. 

Contra  Costa  County,  p.  96. 

Controller,  p.  97. 

Convicts,  p.  98. 

Co-operative  Associations,  p.  98. 

Coroners,  p.  99. 

Corporations,  p.  100. 

Costs,  p.  107. 

Cotenancy,  p. 108. 

Counterfeiting,  p.  108. 

Counties,  p.  108. 

County  Boundaries,  p.  109. 

County  Clerk,  p.  111. 

County  Government,  p.  112. 

Courts,  p.  276. 

Coyote  Scalps,  p.  277. 

Crescent  City,  p.  277. 

Criminal  Law,  p.  277. 

Cruelty  to  Animals,  p.  278. 

Dairies,  p.  279. 

Davisville,  p.  284. 

Deadly  Weapons,  p.  284. 

Deaf,'Dumb,  and  Blind  Asylum,  p.  284. 

Deaths,  p.  284. 

Debris  Commissioner,  p.  292. 

Dec<ls,  p.  292. 

Del  Norte  County,  p.  293. 

Deutistry,  p.  293. 

Descent  and  Distribution,  p.  302. 

Diablo  Creek,  p.  303. 

Dissection,  p.  303. 

District  Attorneys,  p.  303. 


CONTENTS. 


Title  139.  Ditches,  p.  304. 

Title  140.  Divorces,  p.  304. 

Title  141.  Dixon,  p.  304, 

Title  142.  Dogs,  p.  304. 

Title  143.  Dorris  Bridge,  Town  of,  p.  305. 

Title  144.  Downieville,  p.  305. 

Title  145.  Drainage,  p.  305. 

Title  146.  El  Dorado  County,  p.  342. 

Title  147.  Elections,  p.  344. 

Title  148.  Elisors,  p.  346. 

Title  149.  Emigration,  p.  346. 

Title  150.  Employment  Agents,  p.  347. 

Title  151.  Escape,  p.  349. 

Title  152.  Escheat,  p.  349. 

Title  153.  Establishment  of  Titles,  p.  349. 

Title  154.  Estates  of  Deceased  Persons,  p.  354. 

Title  155.  Estrays,  p.  355. 

Title  156.  Etna,  p.  362. 

Title  157.  Eureka,  p.  362. 

Title  158.  Explosives,  p.  363. 

Title  159.  Extension  of  Time,  p.  365. 

Title  160.  Factories,  p.  366. 

Title  161.  Feather  Eiver,  p.  366. 

Title  162.  Feeble-minded  Children,  p.  306. 

Title  163.  Fees,  p.  368. 

Title  164.  Felton,  p.  369. 

Title  165.  Fences,  p.  369. 

Title  166.  Ferries,  p.  370. 

Title  167.  Ferry  Depot,  p.  372. 

Title  168.  Fertilizers,  p.  372. 

Title  169.  Fiddletown,  p.  375. 

Title  170.  Fire,  p.  375. 

Title  171.  Fire  Department,  p.  376. 

Title  172.  Fire  Districts,  p.  381. 

Title  173.  Fire  Patrol,  p.  382. 

Title  174.  Fiscal  Year,  p.  382. 

Title  175.  Flag,  p.  383. 

Title  176.  Folsom,  p.  383. 

Title  177.  Forcible  Entry,  p.  383. 

Title  178.  Foreclosure,  p.  383. 

Title  179.  Forestry,  p.  383. 

Title  180.  Fort  Jones,  p.  390. 

Title  181.  Franchises,  p.  390. 

Title  182.  Fraudulent  Conveyances,  p.  395. 

Title  183.  Free  Libraries,  p.  396. 

Title  184.  Fresno  City,  p.  413. 

Title  185.  Fresno  County,  p.  413. 

Title  186.  Funds,  p.  414. 


CONTENTS. 


Title  187.  Gallinas  Sloug;li,  p.  420. 

Title  188.  Gaming,  p.  420. 

Title  189.  Game  Laws,  p.  420. 

Title  190.  Gas,  p.  429. 

Title  191.  Geological  Survey,  p.  432. 

Title  192.  Gifts,  p.  433. 

Title  193.  Gilroy,  p.  433. 

Title  194.  Glenn  County,  p.  433. 

Title  195.  Goats,  p.  433. 

Title  196.  Golden  City  Homestead  Association,  p.  434. 

Title  197.  Good  Templars,  p.  434. 

Title  198.  Governor,  p.  434. 

Title  199.  Grand  Army  of  the  Eepublic,  p.  435. 

Title  200.  Grass  Valley,  p.  435. 

Title  201.  Growing  Trees,  p.  435. 

Title  202.  Guardian  and  Ward,  p.  436. 

Title  203.  Habeas  Corpus,  p.  436. 

Title  204.  Harbor  Commissioners,  p.  436. 

Title  205.  Hastings  College  of  the  Law,  p.  440. 

Title  206.  Haywards,  p.  440. 

Title  207.  Healdsburg,  p.  440. 

Title  208.  Highways,  p.  440. 

Title  209.  Holidays,  p.  476. 

Title  210.  Hollister,  p.  476. 

Title  211.  Home  of  Adult  Blind,  p.  477. 

Title  212.  Homesteads,  p.  477. 

Title  213.  Homestead  Corporations,  p.  477. 

Title  214.  Homing  Pigeons,  p.  477. 

Title  215.  Hops,  p.  478. 

Title  216.  Hornitos,  p.  478. 

Title  217.  Horticulture,  p.  478. 

Title  218.  Hospitals,  p.  482. 

Title  219.  Hotels,  p.  485. 

Title  220.  Hours  of  Labor,  p.  485. 

Title  221.  House  of  Correction,  p.  486. 

Title  222.  Houses  of  Prostitution,  p.  486. 

Title  223.  Humboldt  Bay,  p.  487. 

Title  224.  Humboldt  County,  p.  487. 

Title  225.  Hunting  on  Private  Grounds,  p.  489. 

Title  226.  Husband  and  Wife,  p.  489. 

Title  227.  Immigration,  p.  489. 

Title  228,  Inclosures,  p.  490. 

Title  229.  Index,  p.  490. 

Title  230.  Indians,  p.  490. 

Title  231,  Infants,  p.  491. 

Title  232.  Insane,  p.  497. 

Title  233.  Insects,  p.  500. 

Title  234.  Insolvency,  p.  500. 


viii 


CONTENTS. 


Title  235.  Insurance,  p.  501. 

Title  236.  Interest,  p.  510. 

Title  237.  Interpreters,  p.  510. 

Title  238.  Intoxicating  Liquors,  p.  511. 

Title  239.  Inventory,  p.  512. 

Title  240.  Inyo  County,  p.  512. 

Title  241.  Irrigation,  p.  513. 

Title  242.  Japanese,  p.  563. 

Title  243.  Jewish  Order  of  Kesher  shel  Barsel,  p.  563. 

Title  244.  Judges  of  the  Plains,  p.  563. 

Title  245.  Judgments,  p.  563. 

Title  246.  Jurors,  p.  565. 

Title  247.  Justices  of  the  Peace,  p.  565. 

Title  248.  Jute  Goods,  p.  567. 

Title  249.  Juvenile  Court,  p.  567. 

Title  250.  Kaweah  Eiver,  p.  568. 

Title  251.  Keeper  of  Archives,  p.  568. 

Title  252.  Kern  County,  p.  568, 

Title  253.  Keyes  Creek,  p.  569. 

Title  254.  Kings  County,  p.  569. 

Title  255.  Klamath  County,  p.  570. 

Title  256.  Klamath  Eiver,  p.  570. 

Title  257.  Knight's  Landing,  p.  570. 

Title  258.  Laborers,  p.  570. 

Title  259.  Labor  Statistics,  p.  570. 

Title  260.  Labor  Unions,  p.  571. 

Title  261.  Lake  Bigler,  p.  571. 

Title  262.  Lake  County,  p.  571. 

Title  263.  Lake  Earl,  p.  572. 

Title  264.  Lakeport,  p.  572. 

Title  265.  Lakes,  p.  572. 

Title  266.  Lake  Tahoe,  p.  573. 

Title  267.  Landlord  and  Tenant,  p.  573. 

Title  268.  Larceny,  p.  574. 

Title  269.  Lassen  County,  p.  574, 

Title  270.  Law  Libraries,  p.  574. 

Title  271.  Leases,  p.  575. 

Title  272,  Legal  Tender,  p.  575. 

Title  273.  Legislation,  p.  576. 

Title  274.  Legislative  Districts,  p.  576- 

Title  275.  Levee  Districts,  p.  576. 

Title  276.  Lexington,  p.  586. 

Title  277.  Libel,  p.  586. 

Title  278.  Licenses,  p.  586. 

Title  279.  Liens,  p.  590. 

Title  280.  Lighthouses,  p.  591. 

Title  281.  Livermore,  p.  591. 

Title  282.  Lodging-houses,  p.  591. 


CONTENTS. 


Title  283.  Logs,  p.  591. 

Title  284.  Los  Angeles  City,  p.  591. 

Title  285.  Los  Angeles  County,  p.  593. 

Title  286.  Los  Nietos,  p.  595. 

Title  287.  Los  Nietos  Collegiate  Institute,  p.  595. 

Title  288.  Lost  Property,  p.  596. 

Title  289.  Lost  Warrants,  p.  596. 

Title  290.  Lotteries,  p.  596. 

Title  291.  Lower  Lake,  p.  597. 

Title  292.  Lumber  Manufacturers,  p.  597. 

Title  293.  Madera  County,  p.  597. 

Title  294.  Mad  Eiver,  p.  597. 

Title  295.  Manufactures,  p.  597. 

Title  296.  Maps,  p.  598. 

Title  297.  Marin  County,  p.  602. 

Title  298.  Mariposa  County,  p.  603. 

Title  299.  Markleeville,  p.  603. 

Title  300.  Marks  and  Brands,  p.  603. 

Title  301.  Marriage  and  Married  Women,  p.  605. 

Title  302.  Marshall  Monument,  p.  606. 

Title  303.  Martinez,  p.  606. 

Title  304.  Marysville,  p.  606. 

Title  305.  Master  and  Servant,  p.  607. 

Title  306.  Mayors,  p.  608. 

Title  307.  Meadow  Lake,  p.  608. 

Title  308.  Mechanics'  Institutes,  p.  608. 

Title  309.  Medicine,  p.  608. 

Title  310.  Mendocino  County,  p.  617. 

Title  311.  Menlo  Park,  p.  618. 

Title  312.  Merced  City,  p.  618. 

Title  313.  Merced  County,  p.  618. 

Title  314.  Mexican  War,  p.  619. 

Title  315.  Military  Academy,  p.  619. 

Title  316.  Mineral  Cabinet,  p.  619. 

Title  317.  Mines  and  Mining,  p.  620. 

Title  318.  Mining  Corporations,  p.  630. 

Title  319.  Missing  Persons,  p.  631. 

Title  320.  Mobs,  p.  632. 

Title  321.  Modesto,  p.  632. 

Title  322.  Modoc  County,  p.  632. 

Title  323.  Mokelumne  Hill,  p.  632. 

Title  324.  Mokelumne  River,  p.  633. 

Title  325.  Money,  p.  633. 

Title  326.  Mono  County,  p.  633. 

Title  327.  Monterey  City,  p.  634. 

Title  328.  Monterey  County,  p.  634. 

Title  329.  Monterey  Custom-house,  p.  635. 

Title  330.  More  Cojo  Slough,  p.  635, 


CONTENTS. 


Title  331.  Mortgages,  p.  636. 

Title  332.  Motorcycles,  p.  636. 

Title  333.  Municipal  Corporations,  p.  642. 

Title  334.  Municipal  Water  Districts,  p.  904. 

Title  335.  Napa  City,  p.  913. 

Title  336.  Napa  County,  p.  914. 

Title  337.  Napa  Ladies'  Seminary,  p.  915. 

Title  338.  Napa  Eiver,  p.  915. 

Title  339.  National  Guard,  p.  915. 

Title  340.  Naturalization,  p.  917. 

Title  341.  Naval  Battalion,  p.  917. 

Title  342.  Navigation,  p.  917. 

Title  343.  Negligence,  p.  917. 

Title  344.  Neuces  Creek,  p.  918. 

Title  345.  Nevada  City,  p.  918. 

Title  346.  Nevada  County,  p.  9  18. 

Title  347.  New  Eepublic,  p.  919. 

Title  348.  New  San  Pedro,  p.  919. 

Title  349.  North  Beach  and  Mission  Railroad  Company,  p.  919. 

Title  350.  North  San  Francisco  Homestead  and  Eailroad  Association,  p.  919. 

Title  351.  Notaries,  p.  919. 

Title  352.  Novate  Creek,  p.  920. 

Title  353.  Nueces  Creek,  p.  920. 

Title  354.  Nuisances,  p.  920. 

Title  355.  Nursing,  p.  922. 

Title  356.  Oakland,  p.  924. 

Title  356a.  Ocean  Park,  p.  927. 

Title  357.  Odd  Fellows,  p.  927. 

Title  358.  Officers,  p.  927. 

Title  359.  Oil,  p.  930. 

Title  360.  Oleomargarine,  p.  932. 

Title  361.  OUve  Oil,  p.  932. 

Title  362.  Optometry,  p.  932. 

Title  363.  Orange  County,  p.  937. 

Title  364.  Ordinances,  p.  937. 

Title  365.  Oroville,  p.  938. 

Title  366.  Orphan  Asylum,  p.  938. 

Title  367.  Osteopathy,  p.  939. 

Title  368.  Oysters,  p.  939. 

Title  369.  Paris  Green,  p.  940. 

Title  370.  Parole  Commissioners,  p.  94L 

Title  371,  Partnerships,  p.  942. 

Title  372.  Pasadena,  p.  942. 

Title  373.  Paupers,  p.  942. 

Title  374.  Pawnbrokers,  p.  945. 

Title  375.  Pensions,  p.  947. 

Title  376.  Pesthouses,  p.  947. 

Title  377.  Petaluma,  p.  947. 


CONTENTS, 


Title  378.  Petaluma  Creek,  p.  948. 

Title  379.  Pharmacy,  p.  948. 

Title  380.  Pilots,  p.  958. 

Title  381.  Pitt  Eiver,  p.  958. 

Title  382.  Placer  County,  p.  958. 

Title  383.  Placerville,  p.  959. 

Title  384.  Plumas  County,  p.  960. 

Title  385.  Plymouth,  p.  961. 

Title  386.  Poisons,  p.  961. 

Title  387.  Police,  p.  961. 

Title  388.  Police  Courts,  p.  963. 

Title  389.  Poultry,  p.  970. 

Title  390.  Preston  School  of  Industry,  p.  971. 

Title  391.  Prisons,  p.  972. 

Title  392.  Prize-fighting,  p.  976. 

Title  393.  Probate  Courts,  p.  976. 

Title  394.  Process,  p.  976. 

Title  395.  Prostitution,  p.  977. 

Title  396.  Protection  Districts,  p.  977. 

Title  397.  Public  Administrators,  p.  1017. 

Title  398.  Public  Buildings,  p.  1018. 

Title  399.  Public  Debt,  p.  1019. 

Title  400.  Public  Health,  p.  1020. 

Title  401.  Public  Institutions,  p.  1036. 

Title  402.  Public  Lands,  p.  1037. 

Title  403.  Public  Museums,  p.  1042. 

Title  404.  Public  Parks,  p.  1042. 

Title  405.  Public  Works,  p.  1043. 

Title  406.  Putah  Creek,  p.  1058. 

Title  407.  Quarantine,  p.  1059. 

Title  408.  Eailroads,  p.  1061. 

Title  409.  Ramie  Culture,  p.  1084. 

Title  410.  Reclamation  Districts,  p.  1085. 

Title  411.  Recorders,  p.  1094. 

Title  412.  Records,  p.  1094. 

Title  413.  Red  Bluff,  p.  1095. 

Title  414.  Redding,  p.  1095. 

Title  415.  Red  Men,  p.  1095. 

Title  416.  Redwood  City,  p.  1095. 

Title  417.  Revenue,  p.  1096. 

Title  418.  Riverside  County,  p.  1096. 

Title  419.  Rodeos,  p.  1096. 

Title  420.  Rough  and  Ready,  p.  1097. 

Title  421.  Sacramento  City,  p.  1097. 

Title  422.  Sacramento  County,  p.  1099. 

Title  423.  Sales,  p.  1101. 

Title  424.  Salinas  City,  p.  1101. 

Title  425.  Salinas  Eiver,  p.  1102. 


xii 


CONTENTS. 


Title  426.  San  Antonio  Creek,  p.  1102. 

Title  427.  San  Benito  County,  p.  1102. 

Title  428.  San  Bernardino  City,  p.  1103. 

Title  429.  San  Bernardino  County,  p.  1103. 

Title  430.  San  Buenaventura,  p.  1104. 

Title  431.  San  Diego  City,  p.  1105. 

Title  432.  San  Diego  County,  p.  1106. 

Title  433.  San  Francisco,  p.  1108. 

Title  434.  Sanitary  Districts,  p.  1128. 

Title  435.  San  Joaquin  County,  p.  1144. 

Title  436.  San  Joaquin  River,  p.  1146. 

Title  437.  San  Jose,  p.  1146. 

Title  438.  San  Juan,  .p.  1147. 

Title  439.  San  Leandro,  p.  1147. 

Title  440.  San  Luis  Obispo  County,  p.  1147. 

Title  441.  San  Luis  Obispo,  Town  of,  p.  1149. 

Title  442.  San  Mateo  County,  p.  1149. 

Title  443.  San  Rafael,  p.  1151. 

Title  444.  Santa  Barbara  City,  p.  1151. 

Title  445.  Santa  Barbara  County,  p.  1152. 

Title  446.  Santa  Clara  City,  p.  1153. 

Title  447.  Santa  Clara  County,  p.  1153. 

Title  448.  Santa  Cruz  City,  p.  1155. 

Title  449.  Santa  Cruz  County,  p.  1155. 

Title  450.  Santa  Monica,  p.  1156, 

Title  451.  Santa  Rosa,  p.  1157. 

Title  452.  Schools,  p.  1157. 

Title  453.  Sebastopol,  p.  1204, 

Title  454.  Secretary  of  State,  p.  1204. 

Title  455.  Seduction,  p.  1204, 

Title  456.  Sewers,  p.  1204. 

Title  457,  Shasta  County,  p,  1205. 

Title  458.  Shasta,  Town  of,  p,  1206. 

Title  459.  Sheep,  p.  1206. 

Title  460.  Sheriffs,  p.  1212. 

Title  461.  Sherman  Island,  p.  1212. 

Title  462.  Shipping,  p.  1212. 

Title  463.  Sierra  County,  p.  1212. 

Title  464.  Sierra  Iron  Company,  p.  1213. 

Title  465.  Silk  Culture,  p.  1213. 

Title  466.  Siskiyou  County,  p.  1213. 

Title  467.  Smith  River,  p.  1214. 

Title  468.  Solano  County,  p.  1214. 

Title  469,  Soldiers  and  Sailors,  p.  1215. 

Title  470,  Sonoma  City,  p.  1216. 

Title  471.  Sonoma  County,  p.  1217. 

Title  472,  Sonoma  River,  p.  1218. 

Title  473,  Sonora,  p.  1218. 


CONTENTS. 


ziU 


Title  474.  Southern  Pacific  Railroad  Company,  p.  1218. 

Title  475.  Spanish  Land  Claims,  p.  1219. 

Title  476.  Stallions,  p.  1219. 

Title  477.  Stanford  University,  p.  1219. 

Title  478.  Stanislaus  County,  p.  1220. 

Title  479.  Stanislaus  River,  p.  1221. 

Title  480.  State,  p.  1221. 

Title  481.  State  Analyst,  p.  1224. 

Title  482.  State  Capitol,  p.  1224. 

Title  483.  State  Engineering,  p.  1224. 

Title  484.  State  Flower,  p.  1237. 

Title  485.  State  Geological  Survey,  p.  1237. 

Title  486.  State  Lands,  p.  1237. 

Title  487.  State  Library,  p.  1241. 

Title  488.  State  Printer,  p.  1241. 

Title  489.  State  Prisons,  p.  1241. 

Title  490.  State  Treasurer,  p.  1243. 

Title  491.  Statute  of  Limitations,  p.  1243. 

Title  492.  Statutes,  p.  1243. 

Title  493.  Steamboats,  p.  1244. 

Title  494.  St.  Helena,  p.  1244. 

Title  495.  Stockton,  p.  1244. 

Title  496.  Stockton  Slough,  p.  1245. 

Title  497.  Strawberry  Valley,  p.  1245. 

Title  498.  Street  Railroads,  p.  1245. 

Title  499.  Streets,  p.  1245. 

Title  500.  Suisun  City,  p.  1360. 

Title  501.  Summons,  p.  1361. 

Title  502.  Sunday,  p.  1361. 

Title  503.  Supervisors,  p.  1361. 

Title  504.  Supreme  Court  Commission,  p.  1362. 

Title  505.  Supreme  Court  Library,  p.  1363. 

Title  506.  Supreme  Court  Reporter,  p.  1363. 

Title  507.  Surveyor  General,  p.  1363. 

Title  508.  Surveyors,  p.  1363. 

Title  509.  Surveys,  p.  1366. 

Title  510.  Sutter  County,  p.  1367. 

Title  511.  Sutter  Creek,  p.  1368. 

Title  512.  Sutter's  Fort,  p.  1368. 

Title  513.  Swamp  and  Overflowed  Lands,  p.  1369. 

Title  514.  Taxation,  p.  1371. 

Title  515.  Tehama  County,  p.  1398. 

Title  516.  Tehama,  Town  of,  p.  1399. 

Title  517.  Telegraph  Lines,  p.  1399. 

Title  518.  Tenement  Houses,  p.  1400. 

Title  519.  Theaters,  p.  1417, 

Title  520.  Thistle,  p.  1417. 

Title  521.  Tia  Juana  Flood,  p.  1417. 


xlT  CONTENTS. 

Title  522.  Tobacco  Culture,  p.  1417. 

Title  523.  Torrens  Land  System,  p.  1417. 

Title  524.  Trademarks,  p.  1444. 

Title  525.  Trading  Stamps,  p.  1444. 

Title  526.  Training  Ship,  p.  1444. 

Title  527.  Tramrcad  Companies,  p.  1445. 

Title  528.  Treasurers,  p.  1445. 

Title  529.  Trespass,  p.  1448. 

Title  530.  Trinity  County,  p.  1448. 

Title  531.  Trusts,  p.  1449. 

Title  532.  Tulare  County,  p.  1465. 

Title  533.  Tuolumne  County,  p.  1466. 

Title  534.  Tuolumne  River,  p.  1467. 

Title  535.  Turnpike  Corporations,  p.  1467. 

Title  536.  Ukiah,  p.  1467. 

Title  537.  Union,  p.  1467. 

Title  538.  United  States,  p.  1467. 

Title  539.  United  States  Coast  Survey,  p.  1468. 

Title  540.  United  States  Flag,  p.  1468. 

Title  541.  United  States  Senators,  p.  1468. 

Title  542.  University  of  California,  p.  1468. 

Title  543.  Vagrancy,  p.  1473. 

Title  544.  Vallejo,  p.  1473. 

Title  545.  "Ventura  County,  p.  1474. 

Title  546.  Veterans'  Home,  p.  1474. 

Title  547.  Veterinary  Surgery,  p.  1475. 

Title  548.  Visalia,  p.  1480. 

Title  549.  Viticulture,  p.  1480. 

Title  550.  Wagon-road  Corporations,  p.  1481. 

Title  551.  Warehouses,  p.  1482. 

Title  552.  Warm  Springs  Creek,  p.  1496. 

Title  553.  Warrants,  p.  1496. 

Title  554.  Washington  Township,  p.  1496. 

Title  555.  Water  Commissioners,  p.  1496, 

Title  556.  Water  Companies,  p.  1497. 

Title  557.  Waters,  p.  1499. 

Title  558.  Watering  Resorts,  p.  1505. 

Title  559.  Watsonville,  p.  1506. 

Title  560.  Weaverville,  p.  1506. 

Title  561.  Weights  and  Measures,  p.  1506. 

Title  562.  West  Side  Irrigation  District,  p.  1508. 

Title  563.  Wharfingers,  p.  1508. 

Title  564.  Wharves,  p.  1508. 

Title  565.  Wheatland,  p.  1508. 

Title  566.  Whittier  State  School,  p.  1508. 

Title  567.  Wilmington,  p.  1509. 

Title  568.  Woman's  Relief  Corps,  p.  1509, 

Title  569.  Woodbridge,  p.  1510. 


CONTENTS. 


Title  570.  Woodland,  p.  1510. 

Title  571,  Wrecks,  p.  1510. 

Title  572.  Yacht  Clubs,  p.  1510. 

Title  573.  Yolo  County,  p.  1510. 

Title  574.  Yosemite  Valley,  p.  1512. 

Title  575.  Yreka,  p.  1512. 

Title  576.  Yuba  City,  p.  151 2. 

Title  577.  Yuba  County,  p.  1513. 


CONTENTS  OF  APPENDICES. 


POLITICAL    CODE. 

Board  of  Examiners,  p.   1781. 

Bonds,  p.   1781. 

County  Clerks,  p.    1782, 

Elections,  p.   1782. 

Fire  Department,  p.   1824. 

Governor,  p.  1833. 

Harbor  Commissioners,  p.  1834. 

National  Guard,  p.   1841. 

Notaries,  p.  1842. 

Officers,  p.  1842. 

Pilots,  p.   1846. 

San  Francisco,   p.    1847. 

State,  p.   1847. 

State  Analyist,   p.   1848. 

Treasurers,  p.   1850. 

CIVIL   CODE3. 
Acknowledgments,  p.   1853. 
Animals,  p.   1853. 
Banking-,  p.   1856. 
Bonds,  p.  1895. 
Cemeteries,   p.    1896. 
Corporations,  p.    1897. 
Deeds,  p.  1909. 
Guardians,  p.   1909. 
Homesteads,   p.    1910. 
Infancy,   p.    1911. 
Insurance,  p.   1911. 
Irrigation,   p.    1924. 
Liens,    p.    1925. 
Master  and  Servant,   p.   1927. 
Mines  and  Mining,  p.   1927. 
Orphans,   p.   1928. 
Railroads,  p.   1929. 
Trade-Marks,  p.   1933. 
Water  Companies,  p.   1936. 

CODE    OP    CIVIL    PROCEDITRB. 

Burnt  or  Destroyed  Records  or  Documents,  p.  1943. 
Costs,    p.    1952. 
Courts,  p.  1953. 

(xvii) 


CONTENTS  OF  APPENDICES. 


Interpreters,  p.   1957. 

Justice's  Clerk,  p.   1958. 

Justices  of  the  Peace,  p.   1960. 

Libel,  p.  1961. 

Mortgages,   p.    1962, 

Process,  p.   1962. 

Public  Administrator,  p.  1963. 

Records,   p.    1963. 

State,  p.  1965. 

Statute  of  Limitations,  p.   1968. 

Supreme  Court  Commission,  p.   1968. 


Adulteration,  p.  1971. 

Animals,  p.  1993. 

Artesian  Wells,  p.  1996. 

Buoys  and  Beacons,  p.    1998. 

Butter,  p.   1999. 

Conspiracy,  p.  2006. 

Coroners,  p.  2008. 

Costs,  p.  2012. 

Dairies,  p.  2013. 

Drugs,  p.   2020. 

Elections,  p.  2028. 

Emigration,  p.   2030. 

Employment  Agents,   p.   2031. 

Explosives,  p.   2034. 

Fences  and  Inclosures,  p.  2038. 

Fish,  p.  2040. 

Flag,  p.  2046. 

Game  Laws,  p.  2046. 

Gas,  p.  2048. 

Governor,  p.  2049. 

Grand  Army,   p.   2049. 

Growing  Trees,  p.  2050. 

Infancy,  p.   2051. 

Interpreters,  p.   2051. 

Intoxicating  Liquors,  p.   2052. 

Juvenile   Court,  p.   2054. 

Juvenile  Court  Law,  p.   2055. 

Labor  Unions,   p.   2076. 

Larceny,  p.  2077. 

Master  and  Servant,  p.  2078. 

Officers,  p.   2079. 

Olive-Oil,  p.  2079. 

Poison,   p.    20S2. 

Police,   p,    2088. 


PENAL  CODB. 


CONTENTS  OF  APPENDICES. 


Public  Health,   p.   2099. 
School  of  Industry,  p.  2102. 
School  of  Reform,  p.  2112. 
Seduction,  p.  2130. 
Shipping,   p.    2131. 
State  Prisons,  p.   2131. 
Supervisors,  p.   2142. 


TABLE  OF  ERRORS  IN  CALIFORNIA  REPORTS 
IN  CITATION  OF  STATUTES. 


Act  of  February  27,  1893,  erroneously  referred  to  in  syllabus  as  act  of 

March  9,  1893,  138  C.  120,  correct  citation,  69  P.  89. 
Act  of  March   2,   1883,  Stats.   1883,  p.   24,   is   erroneously  referred  to  in 

the  title   of  the  act  of  March   18,   1909,  Stats.    1909,  p.    403,  as 

the  act  of  March  2,  1883. 
Act  of  March   4,   1907,  Stats.   1907,   p.   104,   erroneously   cited  as  act  of 

March    5,    1907,-  151    C.    474,    478,    correct    citation,    91    P.    150. 

(There  is  no  act  of  March  5,  1907.) 
Act  of  March  5,  1907,  erroneously  referred  to  for  act  of  March  4,  1907, 

Stats.   1907,  p.   104,   151   C.   474,   478,  correct  citation,  91  P.  150. 

(There  is  no  act   of  March   5,   1907.) 
Act  of  March   9,  1883,   erroneously  referred   to   in   syllabus  for  act   of 

Feb.  27,  1893,  138  C.  120,  correct  citation,  69  P.  89. 
Sec.   11,  Mun.  Corp.  Act  of   1883,  erroneously  cited  for  Sec.   811,   97  C. 

379,   380,  correct  citation,   32  P.   448. 
Sec.  670,  Mun.  Corp.  Act  of  1883,  erroneously  cited  for  Sec.  710,  129  C. 

599,   605,  same  error,   62  P.   173,  175. 
Sec.  710,  Mun.  Corp.  Act  of  1883,  erroneously  cited  as  Sec.   670,  129  C. 

599,  605,  same  error,  62  P.  173,  175. 
Sec.    763,    subd.    3,    "Municipal    Corporation    Bill    of    1883,"    erroneously 

cited    for   Mun.    Corp.   Act,    Sec.    764,    subd.    9,    112    C.    159,    163, 

same  error,  53  A.  S.   191,   193,  correct  citation,   44  P.   358,   359, 

31  L.   794,  796. 
Sec.  764,  subd.  9,  Municipal  Corporation  Act  of  1883,  erroneously  cited 

as   "Municipal  Corporation  Bill,"  Sec,  763,  subd.   3,   112  C.   159, 

163,   same  error,   53   A.  S.   191,   193,  correct  citation,   44  P.   358, 

359,   31   L.   794,  796. 
Sec.   798,  Mun.  Corp.  Act  of  1883,  erroneously  cited  as  Sec.   978,  141  C. 

372,  374,  correct  citation,  74  P.  1042.     (There  is  no  Sec.  978.) 
Sec.   811,  Mun.   Corp.   Act  of   1883,    erroneously   cited  as   Sec.    11,    97   C. 

379,   380,   correct   citation,   32   P.   448. 
Sec.  852,  Mun.  Corp.  Act  of  1883,  erroneously  cited  for  Sec.  862,  137  C. 

583,  584,  correct  citation,  70  P.  674,  675. 
Sec.  862,  Mun.  Corp.  Act  of  1883,  erroneously  cited  as  Sec.  852,  137  C. 

583,  584,  correct  citation,  70  P.  674,   675. 
Sec.  978,  Mun.  Corp.  Act  of  1883,  erroneously  cited  for  Sec.  798,  141  C. 

372,  374,  correct  citation,  74  P.  1042.     (There  is  no  Sec.  978.) 
Stats.   1868,  p.  50,  erroneously  cited  for  Stats.  1868,  p.  507,  119  C.  509, 

512,  correct  citation,  56  P.   866,  867. 
(xxi) 


xxii  TABLE   OF  ERRORS. 

Stats.    18G8,   p.    507,    erroneously   cited   as   act   of  March    26,   instead   of 

March  28,  1868,   144  C.  639,  643,   644,  same  error,  79  P.   374,  375 

— "May   27"   is  also   erroneously  given  for  May   28,   144  C.   639, 

644,  same'  error,   79  P.  374,  375. 
Stats.   1868,  p.  507,  erroneously  cited  as  act  of  April,  1868,   instead  of 

March,  1868,  141  C.  441,  446,  same  error,  75  P.  48,  49. 
Stats.   1868,  p.   507,  erroneously  cited  as  Stats.   1868,  p.   50,   119  C.   509, 

512,  correct  citation,   56  P.   866,   867. 
Stats.    1870.  p.   352,  erroneously  cited  as   Stats.    1870,   p.   372,   99   C.    456. 

460,  correct  citation.  34  P.  96,  97. 
Stats.  1870,  p.  372,  erroneously  cited  for  Stats.  1870,  p.   352,   99   C.   456, 

460.  correct  citation,  34  P.  96,  97. 
Stats.  1873-4,  p.  75,  erroneously  cited  for  Stats.  lS:3-4,  p.  95,  92  C.  296, 

329,  same   error,    27   A.  S.    106,   130,   correct   citation,   28   P.    272, 

280,  14  L.  755,  768. 
Stats.  1873-4,  p.  95,  erroneously  cited  as  Stats.  1873-4,  p.  75,  92  C.   296, 

329,  same  error.  27  A.  S.   106,   130,   correct  citation,   28   P.    272, 

280,   14  L.   755,   768. 
Stats.    1873-4,    p.    137,    erroneously    referred    to    in    syllabus    for    Stats. 

1873-4,  p.   327,   134  C.   44,  correct  reference,  66  P.   38. 
Stats.    1873-4,    p.    327.    erroneously    referred    to    in    syllabus    as    Stats. 

1873-4,  p.  137,  134  C.  44,  correct  reference,  66  P.  38. 
Stats.  1880,  p.  133,  erroneously  cited  as  p.  399,  142  C.  447,   449,  correct 

citation,    76    P.    42. 
Stats.  1880,  p.  134,  erroneously  cited  as  Stats.   1880,  p.   400,   115  C.  308, 

310,  correct  citation,   46  P.   1076,   1077. 
Stats.  1880,  p.  399,  erroneously  cited  for  Stats.  1880,  p.   133,   142  C.  447, 

449,  correct  citation,  76  P.   42. 
Stats.  1880,  p.  400.  erroneously  cited  for  Stats.  1880,  p.   134,   115  C.  308, 

310,  correct  citation,  46  P.   1076,  1077. 
Stats.  1881,  p.  86,  erroneously  cited  as  p.  88,  126  C.  670,  671,  same  error, 

77    A.   S.    217,    218.    59   P.    202. 
Stats.    1881,   p.    88.  erroneously   cited   for   p.    86.    126   C.    670.    671,    same 

error,  77  A.  S.   217,   218,  59  P.   202. 
Stats.   1883,  p.   20,   erroneously  cited  for  Stats.    1883,  p.   32,   121   C.   670, 

673,  same  error,   54  P.  262,  263. 
Stats.    1883,   p.   32,  erroneously   cited   as   Stats.    1883,   p.    20,   121   C.    670, 

673,  same  error,  54  P.  262,  263. 
Stats.  1883,  p.  84,  erroneously  cited  for  Stats.   1883,  p.   269,   125  C.   622, 

626,   correct  citation,   58   P.   257,   258. 
Stats.  1883,  p.  226,  erroneously  cited  as  Stats.  1883,  p.  336,  8  C.  A.  497, 

504,   correct   citation,    97   P.    528,   529. 
Stats.  1883,  p.   269,   erroneously  cited  as  Stats.   1883,  p.   84,   125   C.    622, 

626,   correct  citation,   58   P.   257,   258. 
Stats.  1883,  p.  326,  erroneously  cited  for  Stats.  1883,  p.  226,  8  C.  A.  497. 

504,  correct  citation,  97  P.  528,  529. 
Stats.  1885,  p.  149,  Sec.  3,  erroneously  cited  as  Sec.  23,  101  P.   452,  454. 


TABLE  OF  ERRORS.  xxiii 

Stats.  1885,  p.  149,  Sec.  23,  erroneously  cited  for  Sec.  3,  101  P.   452,  454. 
Stats.   1885,   p.    160,   Sec.    20,   erroneously   cited   for   Sec.    22,    115   C.    222, 

228,  correct  citation,    46   P.   1066,   1068. 
Stats.    1885,   p.    160,   Sec.    22,    erroneously   cited   as   Sec.    20,    115   C.    222, 

228,   correct  citation,   46   P.   1066,   1068. 
Stats.   1887.  p.   43,   erroneously   cited  as   Stats.    1889,   p.   43,    120   C.    286, 

288,  correct   citation,   52   P.   589,   590. 
Stats.   1889,  p.   12,  erroneously  cited  for  Stats.   1889,  p.   212,   150  C.   289, 

320,  correct  citation,  88  P.  356,   364,   8  L.  N.  S.   691. 
Stats.   1889,  p.  32,  erroneously  cited  in  syllabus  as  Stats.   1899    (p.   32), 

143  C.   658,  correct  citation,  77  P.  663. 
Stats.   1889,  p.   43,   erroneously  cited  for  Stats.   1887,  p.   43,   120   C.    286, 

288,  correct  citation,   52  P.  589,   590. 
Stats.  1889,  p.   51,   erroneously  cited  in   syllabus  for  Stats.   1891,  p.   54, 

100  C.  348,  correct  citation  in  syllabus,   34  P.  819. 
Stats.   1889,  p.   164,  Sec.   5,  subd.   10,   erroneously   cited  for  Stats.    1889, 

Sec.  7,  subd.  10,  134  C.  207,  215,  same  error,  66  P.  262,  265. 
Stats.    1889,   p.   164,  Sec.   7,   subd.    10,   erroneously   cited  as   Stats.    1889, 

Sec.  5,  subd.  10,  134  C.  207,  215,  same  error,  66  P.  262,  265. 
Stats.   1889,  p.   212,  erroneously  cited  as  Stats.    1889,  p.   12,   150   C.   289, 

320,  correct  citation,  88  P.  356,  364,  8  L.  N.  S.  691. 
Stats.  1889,  p.  309,  erroneously  cited  for  Stats.  1889,  p.  399,  10'7  C.  398, 

400,    correct   citation,    40   P.    551. 
Stats.  1889,  p.   399,  erroneously  cited  as  Stats.  1889,  p.  309,   107  C.  398, 

400,  correct  citation,   40   P.   551. 
Stats.  1889,  p.  399,  erroneously  cited  as  Stats.   1899,  p.  399,   135  C.   450, 

451,  correct  citation,  67  P.  692,  693. 
Stats.  1891  is  referred  to  in  syllabus  of  102  C.  469,  as  approved  March 

12,  instead  of  March  20,  correct  citation,  36  P.  836. 
Stats.   1891  is   referred  to  probably  for  Stats.   1899,  p.   141,  153  C.   206, 

207,  same  reference,  94  P.  888. 
Stats.   1891,  p.   51,   erroneously   cited  for  Stats.   1891,   p.   54,   100   C.   348, 

351,  correct  citation,  34  P.   819, 
Stats.   1891,   p.   54,   erroneously   cited   in   syllabus  as   Stats.    1889,  p.   51, 

and   in   opinion   as   Stats.   1891,   p.   51,   100   C.   348,   351,   correct 

citation,  34  P.  819. 
Stats.  1891,  p.  106,  erroneously  cited  for  p.  126,  153  C.  183,  185,  correct 

citation,  97  P.  7. 
Stats.  1891,  p.  126,  erroneously  cited  as  p.  106,  153  C.   183,   185,  correct 

citation,   97   P.   7. 
Stats.  1891,  p.  196,  erroneously  cited  as  Stats.   1891,  p.   343,  121  C.   350, 

351,  same  error,  66  A.  S.  33,  correct  citation,  53   P.   905. 
Stats.    1S91,    285,    erroneously   cited   in   syllabus   as   Stats.    1891,   p.    288, 

116   C.   75.   correct  citation,  47  P.   879. 
Stats.    1S91,   p.    288,    erroneously    cited    in    syllabus    for    Stats.    1891,   p. 

285,  116  G.  75,  correct  citation,  47  P.  879. 


xxlv  TABLE  OF  ERRORS. 

Stats.   1891,   p.    295,   Sec.   14,    subds.   C,   D,   E,   and   F,   erroneously   cited 

for    subds.    c-e,   pp.    303,    304;    and   Sec.    37,   p.    295,    erroneously 

cited  for  Sec.  37,  p.  310,  109  C.  152,  155;  first  error  is  corrected 

in  41  P.  864,  and  the  second  reference  is  omitted. 
Stats.  1891,  p.  343,  erroneously  cited  for  Stats.  1891,  p.  196,  121  C.  350, 

351,  same  error,  66  A.  S.  33,  correct  citation,  53  P.   905. 
Stats.   1893,  p.   3,   erroneously  cited  for  Stats.   1893,   p.   158,    104  C.    232, 

236,  same  error,  37  P.  918,  919. 
Stats.    1893,   p.    158,   erroneously   cited   as   Stats.    1893,   p.    3,   104   C.    232, 

236,  same  error,  37  P.  918,   919. 
Stats.   1895,  p.   8,   erroneously   cited   in   syllabus   for   Stats.    1895,   p.    85, 

129   C.   567. 
Stats.   1895,  p.   85,   erroneously   cited  in   syllabus  as   Stats.   1895,   p.   8, 

129   C.   567. 
Stats.    1897    (Bridgford   Act),   erroneously   cited  as   Stats.    1898,    149   C. 

662,  666,  correct  citation,  87  P.  190. 
Stats.   1897,  p.    75,   erroneously   cited   as   Stats.    1897,   p.   399,    122   C.    77, 

78,  correct  citation,   54   P.    387. 
Stats.  1897,  p.  138,  Sec.  12,  erroneously  cited  for  Sec.   13,  151  C.  40,   50, 

correct  citation,  90  P.  129,   133. 
Stats.  1897,  p.   138,  Sec.  13,  erroneously  cited  as  Sec.   12,   151  C.   40,  50, 

correct  citation,  90  P.  129,   133. 
Stats.   1897,  p.   399,   erroneously  cited   for  Stats.    1897,  p.    75,   122   C.   77, 

78,  correct  citation,  54  P.   387. 
Stats.  1898,  erroneously  cited  for  Stats.  1897,  Bridgford  Act,  149  C.  662, 

666,   correct   citation,   87   P.    190. 
Stats.  1899   (p.  32),  erroneously  cited  in  syllabus  for  Stats.  1889,  p.  32, 

143  C.   658,  correct  citation,   77  P.    663. 
Stats.    1899,  p.   141,   is  probably   intended  to  be  referred   to   instead   of 

Stats.  1891,  153  C.  206,  207,  same  reference,  94  P.  888. 
Stats.  1899,  p.  399,  erroneously  cited  for  Stats.  1889,  p.  399,  135  C.  450, 

451,   correct  citation,   67  P.   682,   693. 
Stats.   1903,  act  of  March   3,   1903,   erroneously  cited  for  act  of  March 

6,  1903,   150  C.   56,   62,  same  error,   88  P.    42,   43. 
Stats.    1903,   act   of  March   6,   1903,   erroneously   cited   as   act   of  March 

3,  1903,  150  C.  56,  62,  same  error,  88  P.   42,   43. 
Stats.    1903,   p.   90,   erroneously   cited   as   Stats.    1903,   p.    900,    150    C.    56, 

62,  corrected  citation,  88  P.   42,   43. 
Stats.  1903,  p.  93,  erroneously  cited  as  Stats.  1906,  p.  898,  102  P.  668,  669. 
Stats.  1903,  p.  900,  erroneously  cited  as  Stats.  1903,  p.  90,  150  C.  59,  62, 

correct  citation,  88  P.  42,  43. 
Stats.  1906,  p.  898,  erroneously  cited  for  Stats.  1903,  p.  93,  102  P.  668,  669. 


TABLE  OF  UNCONSTITUTIONAL  STATUTES 

And  Statutes  held  repealed  or  otherwise  void  from  1873  to  1910;  Vols. 
45  to  154  Cal.;  1-8  Cal.  App.;  81-103  Pac.  Rep. 


[List  prepared  from  notes  made  during  investigation  of  Statutes 
from  1872  to  1910,  made  for  use  in  compiling  the  General  Laws,  and 
not  with  the  object  of  making  an  exhaustive  table  of  such  decisions.] 


Stats,  1S72,  p.  83.     San  Antonio  Creek  bridge. — 52  C.  77. 

Same,  p.  93.  Fees,  San  Francisco;  repealed  by  fee  bill,  1895. — 113  C. 
644,  45  P.  877.  The  act  considered  in  this  case  is  1866,  p.  66,  but  same 
reason  applies  to  1872,  p.  93.— See  93  C.  188. 

Same,  p.  244,  §  7.  Dismissal  of  appointive  officer;  unconstitutional. — 
59  C.  672.  See  Const.  1849,  §7,  art.  XI,  amendment  1865;  Const.  1879, 
art.  XX,  §  16. 

Same,  p.  406.  Coroner  of  San  Francisco;  repealed  by  County  Gov- 
ernment Act  and  Penal  Code. — 122  C.  636,  638,  55  P.   589. 

Same,  p.  415,  §  7.  Santa  Clara  Street  and  Saratoga  Avenue;  uncon- 
stitutional.— 46  C.  553,  555. 

Same,  p.  445.  Removal  of  officers  of  mining  corporations;  uncon- 
stitutional.— 66  C.  374,  376,  377,  5  P.  670.  See  concurring  opinions, 
McKinstry  and  Myrick,  JJ.,  p.  377.     See  amendment  1876,  p.  730. 

Same,  p.  595.  Stockton  charter — Delegation  of  legislative  power; 
certain  provision  questioned. — 47  C.  477,  480. 

Same,  p.  754,  ch.  DXL  Taxation  of  migratory  herds;  unconstitu- 
tional.— 56  C.  633. 

Same,  p.  804.  Street  Law,  San  Francisco;  repealed  by  Constitution 
1879.— 54  C.  245,  247;  69  C.  465,  11  P.  20. 

Stats.  1874,  pp.  50,  179.  Estray  Law,  jurisdiction  of — ^justice's  court; 
unconstitutional;  repealed  1897,  p.  198;  1901,  p.  603. — 52  C.  407,  408; 
53  C.  48. 

Same,  p.  274.  Public  library,  Los  Angeles;  repealed  by  new  charter 
of  1899.— 94  C.  73,  29  P.  485. 

Same,  p.  376.  To  assess  migratory  stock;  unconstitutional. — 56  C. 
633,  635. 

Same,  p.  434.  Local  option;  unconstitutional  and  repealed  1876,  p. 
10. — 48  C.  279,  17  Am.  Rep.  425. 

Same,  p.  453.  Roads — Santa  Clara  County;  repealed  by  constitution. 
— 59  C.  265. 

Same,  p.  477,  §  9.  Assessment  tax,  San  Francisco;  unconstitutional. 
—67  C.  625,  8  P.  381. 

(XXV) 


XXVi  TABLE   OP  UNCONSTITUTIONAL,  STATUTES. 

Same,  p.  487.  Validate  street  assessment,  San  Francisco;  constitu- 
tionality questioned.— 51  C.  92,  93;  51  C.  91. 

Same,  pp.  588,  589.  "Validate  street  assessment,  San  Francisco;  un- 
constitutional.— 51  C.  86;  53  C.  44. 

Same,  p.  896.  Legalize  street  assessment,  Sacramento;  unconstitu- 
tional.—51  C.   15-19,   21  Am.  Rep.   677. 

Same,  p.  911.  Removal  for  misconduct  in  office;  repealed  by  §  184, 
County  Government  Act,  and  constitution,  abolishing  district  court. — 
75  C.  147,  16  P.  757. 

Stats.  1S76,  p.  1.  School  text-books;  repealed  by  §7,  art.  IX,  Const. 
1879.-55  C.  331. 

Same,  p.  82.  Water  rates,  San  Francisco;  unconstitutional. — 52  C. 
132;  53  C.  608,  611. 

Same,  p.  140.  Reclamation  District  No.  118,  assessment;  unconstitu- 
tional.— 54  C.  536. 

Same,  p.  214.  Hoagland,  to  sue  Sacramento;  unconstitutional. — 52 
C.   142. 

Same,  pp.  501-506.  Water  rates,  San  Francisco;  unconstitutional. — 
52  C.  132;  53  C.  608,  611. 

Same,  p.  753.  Montgomery  Avenue,  San  Francisco;  impracticable. — 
54  C.  579. 

Same,  p.  797.  Taxation  of  migratory  cattle;  unconstitutional. — 56 
C.  633.     But  see  Stats.  1872,  p.  574,  and  143  C.  430,  432,  77  P.  148. 

Stats.  1878,  p.  181.  Relief  of  George  Knox;  unconstitutional. — 58 
C.  59. 

Same,  p.  204.  Salary,  Calaveras  County;  never  went  into  effect  be- 
cause of  Const.   1879,  §  1,  art.  XXIL— 59   C.   548. 

Same,  p.  299.  Elections,  San  Francisco;  superseded,  Pol.  C.  §§  1127, 
1129.-126  C.  383,   58  P.   923. 

Same,  p.  341.  Montgomery  Avenue,  San  Francisco;  unconstitutional. 
—68  C.  428,  9  P.  427. 

Same,  p.  419.  Widening,  etc.,  Los  Angeles  Street;  unconstitutional. 
—56  C.  508,  510. 

Same,  p.  422.  San  Francisco — Saloon  license;  unconstitutional. — 56 
C.  133. 

Same,  p.  547.  Fees — County  officers,.  Plumas;  certain  portions  did 
not  take  effect  because  of  Const.  1879. — 60  C.  513;  64  C.  67,  28  P.  445. 

Same,  p.  777.  Streets,  Santa  Barbara;  unconstitutional. — 65  C.  313, 
315,  4  P.  31. 

Same,  p.  865.  Fees  of  officers,  Monterey;  certain  portions  did  not 
take  effect  because  of  Const.  1879. — 60  C.  278. 

Same,  p.  879.  Police  insurance  fund,  San  Francisco;  repealed  by 
implication. — 123  C.  24,  55  P.  576. 

Same,  p.  888.  Justice's  court,  Berkeley;  repealed  by  constitution 
and  freeholders'  charter  of  1895. — 121  C.  264,  53  P.  795. 

Stutsi.  ISSO,  p.  1.  Controller,  transfer  funds;  chapter  II  never  be- 
came a  law. — 54  C.  111. 


TABLE  OF  UNCONSTITUTIONAL  STATUTES.  xxvil 

Same,  p.  20.  Deputy  and  assistant  county  clerks;  unconstitutional. 
—125  C.  188,  191,  57  P.  887. 

Same,  p.  39.  Licenses  to  aliens;  unconstitutional. — 5  Cent.  L.  J.  451; 
6  Cent.  L.  J.  192.  See  Pol.  Code  §  3666,  as  amended.  Stats,  and  Amdts. 
1901,  p.  635. 

Same,  p.  55.  Protect  lands  other  than  swamp  from  overflow;  un- 
constitutional as  to  certain  provisions. — 79  C.  90-95,  16  P.  549,  21  P. 
435. 

Same,  p.  70,  §17.  State  prisons,  compensation  to  directors;  uncon- 
stitutional.—61  C.  262. 

Same,  p.  80.  Baking  bread — Sunday;  unconstitutional. — 55  C.  550,  36 
Am.  Rep.  47. 

Same,  p.  96,  §47.  Insolvency  Act  of  1880;  limited.— 103  C.  352,  37 
P.  230. 

Same,  p.  123.  Fishing  rights  of  aliens;  unconstitutional. — 5  Cent. 
L.  J.  451. 

Same,  p.  123.  Drainage;  unconstitutional.— 58  C.  334;  58  C.  624;  78 
C.  366,  368,  20  P.  737. 

Same,  pp.  124-130.  Promote  drainage,  debris;  unconstitutional  be- 
cause of  art.  XI,  Const.— 58  C.  624;  58  C.  334. 

Same,  p.  131,  §  3.  Mining  corporations;  unconstitutional  provisions. 
— 127  C.  681,  685,  60  P.  438.  Statute  is  otherwise  sustained  in  144  C. 
511,  514,  78  P.  30. 

Same,  p.  136.  Pleading,  etc. — Actions  to  recover  delinquent  taxes; 
superseded  by  §  3607,  Pol.  Code. — 108  C.  46,  48,  40  P.  1052.  See  also  83 
C.  393-414,  23  P.  303. 

Same,  pp.   137-229.     McClure  Charter;  unconstitutional. — 55  C.   242. 
Same,   p.    400.      Weekly   statements   of   mining   corporations;    uncon- 
stitutional.—115  C.  308,  310,  46  P.  1076. 

Stats.  1881,  p.  15.  Drainage;  unconstitutional. — 126  C.  150,  58  P. 
459;  and  effect  of  106  C.  420,  39  P.  790. 

Same,  p.  51.  Viticultural  commissioners;  unconstitutional  in  part. 
—63  C.  21. 

Same,  p.  54,  ch.  LII.  Supervisors;  unconstitutional  in  part. — 122  C. 
285,  54  P.  901. 

Same,  p.  81,  §  17.  State  prisons,  compensation  to  directors;  un- 
constitutional.— 61  C.  262. 

Stats.  ]883.  p.  26.  State  University — Hastings  College  of  Law;  un- 
constitutional.— 69  C.  215,  10  P.  393. 

Same,  pp.  93,  273,  §  870,  Mun.  Corp.  Act.  This  section,  requiring 
cities  to  make  an  effort  to  agree  with  owners  of  lands  sought  to  be 
condemned  before  instituting  condemnation  proceedings  is  uncon- 
stitutional and  void  as  special  legislation. — 91  C.  238,  247,  248,  27  P. 
604;  126  C.  226,  231,  58  P.  530. 

Same,  pp.  93-279.  Schools — Municipal  Corporations.  It  is  said  that 
whether  the  provisions  of  the  Municipal  Corporation  Act  withdrawing 
schools   from    the   general   law    (Pol.   Code)    and   giving  management 


xxviii  TABLE  OP  UNCONSTITUTIONAL,  STATUES. 

thereof  to  the  city  government  is  constitutional,  is  a  grave  question, 
but  not  decided. — 129  C.  599,  606,  62  P.  173. 

Same,  pp.  93-251.  Municipal  corporations  of  the  fifth  class — §  765 
Municipal  Corporation  Act;  unconstitutional;  judicial  notice  of  or- 
dinances.— 126  C.   226,  58  P.  530. 

Same,  p.  370,  ch.  LXXXII.  Municipal  corporations — Refunding  in- 
debtedness.—112  C.  319,  44  P.  580.  See  Stats.  1893,  p.  57;  1895,  p.  203; 
1897,  p.  75. 

Stats.  1SS5,  p.  13,  ch.  XV.  License  tax,  foreign  corporations  requir- 
ing payment  of  premiums  by  foreign  corporation  for  benefit  of  fire- 
men's relief  fund;  unconstitutional. — 74  C.  113,  117,  5  Am.  St.  Rep. 
425,  15  P.  380. 

Same,  p.  45.  Division  fences  beyond  line  of  owner;  as  to  fences  on 
the  line,  provisions  limited. — 103  C.  Ill,  37  P.  192. 

Same,  p.  147.  The  act  of  March  18,  1885,  commonly  called  the  Vroo- 
man  Act,  repealed  §  771  Mun.  Corp.  Act,  Stats,  and  Amdts.  1883,  p. 
93,  256,  so  far  as  the  latter  was  inconsistent  with  the  provisions  of 
the  Vrooman  Act  relative  to  a  method  of  assessing  upon  adjoining 
property  the  cost  of  improvements  in  cities  of  the  fifth  class. — 154 
C.  303,  304,  97  P.  668. 

Same,  p.  166.  County  Government  Act,  §§  162-169;  unconstitutional. 
—68  C.  142,  145,  8  P.  813;  76  C.  436,  445,  18  P.  413. 

Same,  p.  203.  State  University — Hastings  College  of  the  Law;  un- 
constitutional.—69  C.  215,  10  P.  393. 

Stats.  1887,  p.  15,  ch.  XVIII.  License,  foreign  corporations;  constitu- 
tional objection  raised  in  San  Francisco  vs.  Liverpool  L.  &  G.  Ins.  Co., 
to  act  of  1885,  p.  13,  is  not  obviated.— 74  C.  113,  5  Am.  St.  Rep.  425, 
15  P.  380, 

Same,  p.  207,  §211,  County  Government  Act.  Deputy  county  clerk; 
unconstitutional.— 94  C.  601,  28  P.  834,  29  P.  1092,  16  L.  R.  A.  161. 

Stats.  1889,  p.  3,  §  6  of  said  act,  providing  for  proper  sanitary  con- 
dition of  factories  and  workshops,  and  making  it  a  misdemeanor  for 
any  person  to  violate  any  of  the  provisions  of  the  act  is  unconstitu- 
tional and  void  as  an  improper  delegation  of  power  to  tlie  labor 
commissioner  to  make  a  law. — 135  C.  466,  467,  67  P.  755,  87  Am.  St. 
Rep.   122,   56  L.  R.  A.   733. 

Same,  p.  148.  Police,  Sacramento;  unconstitutional  as  to  extra 
police.— 85  C.  408,  24  P.  868, 

Same,  p.  212,  §  4.  New  trial — Irrigation;  Certain  clause  (§  4)  uncon- 
stitutional.—113  C.  504,  "39  P.  769,  45  P.  822,  1047. 

Same,  p.  283.  Subd.  15,  §  189,  County  Government  Act,  license  taxes; 
unconstitutional. — 84  C.  71,  23  P.  1032. 

Same,  p.  302.  San  Diego  Charter — Boundaries,  Coronado  Beach;  un- 
constitutional.—85  C.   369,  372,  24  P.   727;   86  C.   158,   24  P.   1000. 

Same,  p.  366.  Lands,  protection  of  other  than  swamp;  unconstitu- 
tional.—79   C.   90-95,    16   P.   549,   21  P.   435. 


TABLE  OF  UNCONSTITUTIONAL  STATUTES.  xxix 

Same,  p.  455.  Los  Angeles  Charter — Police  court;  resolution  I  un- 
constitutional in  mode  of  adoption. — 85  C.  333,  24  P.  603. 

Same,  p.  455.  Arts.  XIV,  XV,  XVI,  Los  Ang-eles  City  Charter;  the 
street  improvement  provisions  were  annulled  by  Vrooman  Act  of 
1885,  as  amended  in  1889,  1891,  and  1895;  repealed. — 133  C.  102,  65  P. 
309. 

Stats.  1891,  p.  5.  Deputy  and  assistant  county  clerks;  unconstitu- 
tional.—125  C.  188,  191,  57  P.  887. 

Same,  p.  138,  §10i^  (Added  by  statute  of  1905).  This  section  added 
to  the  act  of  1891,  Stats,  and  Amdts.  1891,  p.  138,  by  act  of  February 
18,  1895,  Stats,  and  Amdts.  1895,  p.  14,  and  carried  into  §  11  of  the 
General  Agricultural  District  Act  of  March  31,  1897,  Stats,  and  Amdts. 
1897,  p.  304,  and  which  purported  in  effect  to  authorize  a  gift  to  a 
private  corporation  was  held  unconstitutional. — 154  C.  119,  124,  126, 
129,  97  P.   144. 

Same,  pp.  182,  183.  Estimate  of  tax,  high  school;  unconstitutionality 
of  certain  provisions  suggested,  but  not  decided. — 102  C.  469,  36  P. 
836;  129  C.  599,  602,  62  P.  173. 

Same,  p.  185.  Chinese  immigration — Registration  of  Chinese;  uncon- 
stitutional.—101  C.  197,  35  P.  556. 

Same,  p.  195.  "Wages  of  mechanics  and  laborers;  unconstitutional. — 
122  C.  555,  556,  68  Am.  St.  Rep.  68,  55  P.  403;  110  C.  627,  43  P.  14;  112 
C.  42,  44  P.  330.  Act  of  1897,  p.  231,  on  same  subject,  is  held  uncon- 
stitutional.—127  C.  4,  78  Am.  St.  Rep.  17,  59  P.  304,  47  L.  R.  A.  338. 

Same,  p.  223.  Sanitary  districts— ^Liquors;  unconstitutional. — 129  C. 
567,  62  P.  97.     See  Stats.  1893,  p.  88;  1895,  p.  85,  1901,  p.   633. 

Same,  p.  285.     Ramie  bounty;  unconstitutional. — 94  C.  435,  29  P.  871. 

Same,  p.  295.  County  government;  portions  unconstitutional. — 95  C. 
471,  31  P.  611;  98  C.  219,  33  P.  66;  109  C.  493,  41  P.   1081. 

Same,  p.  377.  Salaries  of  constables — subd.  14,  §  183,  County  Gov- 
ernment Act;  unconstitutional. — 95  C.  471,  31   P.   611. 

Same,  p.  385.  Witness  fees — subd.  16,  §  190,  County  Government 
Act;   unconstitutional. — 109  C.   332,  334,   42  P.  434. 

Same,  p.  397.  Clerks'  fees,  probate  cases — §  195,  County  Government 
Act;  unconstitutional. — 109  C.  493,  496,  41  P.   1081. 

Same,  p.  435.  Cities  of  fifteen  thousand  to  eighteen  thousand  popu- 
lation— police  courts;   unconstitutional. — 117  C.   573,  574,   49  P.   732. 

Same,  p.  450.  Appropriations  Tia  Juana  flood  sufferers;  unconstitu- 
tional.—97  C.  251,  31  P.  1133,  18  L.  R.  A.  744. 

Same,  p.  487.  "Weights  and  measures;  believed  to  be  unconstitu- 
tional.— 59  C.  278.  See  U.  S.  Const.,  par.  5,  §  8,  art.  I;  Cal.  Const.  1879, 
§  14,   art.   XI. 

Same,  p.  513.  Claim  of  A.  J.  Bourn;  unconstitutional. — 93  C.  321,  27 
Am.  St.  Rep.  203.  28  P.  951,   15  L.  R.  A.  431. 

Same,  p.  513.  Claim  of  J.  J.  Conlin — Street  contracts,  San  Francisco; 
unconstitutional. — 99  C.  17,  37  Am.  St.  Rep.  17.  33  P.  753,  21  L.  R.  A. 
474. 


XXX  TABLE  OF  UNCONSTITUTIONAL  STATUTES. 

Stats.  1893,  p.  15,  §  3.  Purity  of  election  laws — Oath  to  expenditures; 
unconstitutional. — 133  C.  196-199,  65  P.  395.     See  Const,  art.  XX,  §  5. 

Same,  p.  36,  §  4.  Street  Law,  serial  bonds;  unconstitutional  in  part. 
—126  C.  443,  58  P.  920. 

Same,  p.  57.  Indian  War  bonds;  unconstitutional  as  to  interest  on 
coupons.— 109  C.  378,  380,  50  Am.  St.  Rep.  49,  42  P.  34. 

Same,  p.  59.  Funding  municipaldebts;  unconstitutional  as  to  certain 
provisions  for  place  of  payment. — 112  C.  319,  323,  44  P.  580. 

Same,  p.  127.  Fees,  San  Francisco;  unconstitutional. — 118  C.  401- 
408,   50  P.   691. 

Same,  p.  168.  Term  of  office,  judge  Madera  County;  certain  clause 
unconstitutional. — 104  C.  232,  234,  37  P.  918. 

Same,  pp.  174,  175.  This  statute,  providing  for  a  direct  appeal  to 
the  superior  court  from  the  decision  of  a  board  of  supervisors,  upon 
an  application  for  erecting  lands  into  an  independent  reclamation 
district,  is  unconstitutional  and  void. — (Nov,  19,  1909),  38  Cal.  Dec. 
462,  468. 

Same,  p.  175,  §  17.  Irrigation  districts — Wright  Act;  unconstitu- 
tional.—144  C.   329,  333,  77  P.  937. 

Same,  p.  193,  ch.  CLXVIII.  Collateral  inheritance  tax.  See  Stats. 
1897,  p.  77.  Unconstitutional.— 133  C.  180,  85  Am.  St.  Rep.  155,  65  P. 
389.     See  Const.  U.  S.,  art.  IV,  §  2. 

Same,  p.  220.  Streets,  San  Francisco;  constitutionality  conceded  for 
purposes  of  the  case. — 124  C.  274,  277,  57  P.  82;  but  compare  with 
104  C.  642,  38  P.  500;  91  C.  238,  258,  27  P.  604. 

Same,  p.  229,  §  19.  Building  and  loan  commissioners;  unconstitu- 
tional.—143  C.   253-258,  76  P.   1034. 

Same,  p.  234.  Removal  of  human  remains,  cities  of  five  thousand 
to  one  hundred  thousand;  amended  Stats.  1895,  p.  157;  constitutionality 
may  be  questioned  on  authority  of  104  C.  642,  38  P.  500;  11  C.  368,  370, 
43  P.  975,   117  C.  573,  574,  49  P.  732. 

Same,  p.  280.  Police  salaries,  certain  cities;  unconstitutional. — 104 
C.  642,  644,  38  P.   500. 

Same,  p.  288.  Franchises  by  municipalities;  repealed  1897,  p.  135. — 
119   C.   602,   51   P.   956. 

Same,  pp.  346-411.  County  Government  Act,  subd.  14,  §25;  repealed 
by  Act  1897.  This  seems  to  apply  to  all  former  county  government 
acts.— 126  C.  130,  132,  58  P.  372.  §  25,  subd.  36  is  unconstitutional.  128 
C.   245,   246,   60  P.   849. 

Same,  p.  411,  §  170,  subd.  26,  County  Government  Act;  unconstitu- 
tional.—114   C.   112,  45   P.   1049. 

Stats.  1895,  p.  85.  Sanitary  districts;  amendment  of  §  5  of  Act  of 
1891  unconstitutional. — 129  C.  567,  570,  62  P.  97. 

Same,  p.  107.  Exempt  firemen's  relief  fund;  unconstitutional. — 123 
C.  497,  498,  56  P.  256. 

Same,  p.  164.  Fees  in  cities  of  one  hundred  thousand  and  over;  un- 
constitutional.—118  C.   401,   404,  50  P.  691. 


TABLE  OF  UNCONSTITUTIONAL,  STATUTES.  xxxi 

Same,  p.  205.  Court  for  town  of  Berkeley;  unconstitutional. — 121 
C.   264,  265,  53  P.  795:   84  C.   655,  24  P.   598. 

Same,  p.  207.  Primary  Election  Law;  unconstitutional. — 111  C.  368, 
370,  43  P.  975;  111  C.  366-368,  43  P.  1122;  120  C.  375,  52  P.  659,  41  L.  R. 
A.   196. 

Same,  p.  238.  Claims  against  state,  appropriation  to  pay — state 
board  of  examiners;  unconstitutional. — 145  C.  759,  762-771,  79  P.  537. 

Same,  p.  238.  The  act  of  March  27,  1895,  making  a  special  appro- 
priation, containing  several  items,  but  which  were  not  for  a  single 
purpose,  is  in  violation  of  §34,  article  IV  of  the  constitution. — 145  C. 
759,  762,  771,  79  P.  537. 

Same.  p.  267.  Fee  Bill — Probate  cases;  unconstitutional. — 117  C.  83, 
86,  48  P.  1012;  134  C.  547,  86  Am.  St.  Rep.  294,  66  P.  730;  115  C.  551, 
47  P.   374.  , 

Same,  p.  267.  The  act  of  March  28,  1895,  is  unconstitutional  in  so 
far  as  it  exacts  the  payment  of  a  fee  for  the  filing  of  inventories  and 
appraisements  in  the  estates  of  decedents,  infants,  and  incompetents. — 
152  C.   479,   482,   92   P.   1025. 

Same,  p.  267.  Justices'  fees;  unconstitutional  as  to  supervision  of 
district  attorney  over  justices'  fees,  and  constables. — 115  C.  544,  47 
P.  372;  121  C.  482,  484,  53  P.  1075;  131  C.  410,  63  P.  768. 

Same,  p.  341.  Board  of  election  commissioners,  certain  cities;  un- 
constitutional.— 111  C.  96,  99,  43  P.  516. 

Same,  p.  348.  John  J.  Conlin,  relief  of;  unconstitutional. — 114  C. 
404,  46  P.   279.  33  L.  R.  A.   752. 

Same,  p.  409.  Berkeley  Charter,  art.  VII — Justice's  court;  unconsti- 
tutional.— 121  C.   264,   265,   53  P.   795. 

Stats.  1897,  pp.  54,  72.  Pay  of  police,  cities  of  first  class;  uncon- 
stitutional.— 123   C.   456,  56   P.   53. 

Same,  pp.  54,  72.  The  acts  of  March  3.  1897,  and  March  8,  1897,  in- 
creasing the  pay  of  officers  in  the  fire  departments  and  in  the  police 
department  of  a  city  of  the  first  class  are  unconstitutional — these 
being  clearly  "municipal  affairs." — 123  C.  456,  457,  462,  56  P.  53;  and 
see  Church's  Annotated  Charter  of  the  City  and  County  of  San  Fran- 
cisco, p.   366. 

Same,  p.  75,  §4.  Municipal  corporations,  incur  indebtedness;  uncon- 
stitutional, and  does  not  repeal  ch.  XLVIII,  stats.  1893.— 122  C.  77,  54 
P.  387. 

Same,  p.  77.  Collateral  inheritance  tax;  unconstitutional. — 126  C. 
112,  117,  54  P.  259,  58  P.  462,  45  L.  R.  A.  788;  133  C.  180,  85  Am.  St. 
Rep.  155,  65  P.  389. 

Same,  p.  77.  To  give  the  amendatory  act  of  1897,  concerning  a  tax 
on  collateral  inheritances,  a  retroactive  effect,  would  conflict  with 
the  provisions  of  the  constitution  prohibiting  the  legislature  from 
making  any  gift  or  donation  of  any  public  money  or  thing  of  value. — 
149  C.  521,  527,  528,  86  P.  1081,  8  L.  R.  A.  N.  S.  1210.  Compare:  139 
C.  532,  73  P.  424,  96  Am.  St.  Rep.  161,  reversing  133  C.  180,  65  P,  389, 


xxxii  TABLE  OF  UNCONSTITUTIONAL.  STATUTES. 

85  Am.  St.  Rep.  155,  and  holding  the  amendatory  act  of  1S97.  exempt- 
ing nephews  and  nieces  of  deceased,  when  resident  of  this  state,  to  be 
constitutional. 

Same,  p.  115.  Primary  Election  Law;  unconstitutional. — 120  C.  375, 
52  P.  569,  41  L.  R.  A.  196. 

Same,  p.  135.  Franchises  (highest  bidders);  unconstitutional  as  to 
certain  franchises.— 129  C.  397,  402,  62  P.  61. 

Same,  p.  190.  Signature  of  mayor;  not  applicable  in  cities  with  free- 
holders'  charters.— 118   C.   474,  50  P.   644;   123  C.   456,   460,   56   P.   53. 

Same,  p.  192.  Salaries,  Are  departments  cities  of  first  class;  uncon- 
stitutional.— 123  C.  456,  460,  56  P.  53.  This  act  is  not  referred  to 
in  the  case  cited,  but  this  seems  to  be  identical  with  the  act  (Stats. 
and  Amdts.  1897,  p.  54)  referred  to  in  that  decision.  There  are  two 
acts  alike,  and  the  court  refiers  to   only  one. 

Same,  p.  214,  §  7.  Mining  claims,  recording;  repealed  by  Stats. 
1899,  p.  158.— 129  C.  361,  363.  61  P.  1124. 

Same,  p.  231.  Wages  of  mechanics  and  laborers;  unconstitutional. — 
127  C.  4,  5,  78  Am.  St.  Rep.  17,  59  P.  304,  47  L.  R.  A.  338. 

Same,  pp.  254,  255,  §  4.  Provisions  for  an  appeal  directly  to  the 
superior  court  from  an  order  of  the  board  of  supervisors  made  in  the 
formation  of  irrigation  districts  is  unconstitutional  and  void.— (Nov. 
19.  1909),  38  Cal.  Dec.  459,  462. 

Same,  pp.  311-325,  §  3,  art.  III.  Lunacy — Commitments  for  insan- 
ity; unconstitutional. — 134  C.  626,  86  Am.  St.  Rep.  296,  66  P.  851,  55 
I..  R.  A.   856. 

Same,  p.  317,  Art.  II,  §  5.  Removal  of  medical  superintendent  of  state 
hospital  for'the  insane;  unconstitutional. — 136  C.  580,  69  P.  255.  On 
similar  point,  see  59  C.  672;  93  C.  153,  28  P.  831. 

Same,  p.  374.  Clark  Road  Law;  superseded  by  County  Government 
Act  §  452.— 117  C.  618,  618,  49  P.  766. 

Same,  pp.  452,  464,  §  25,  subd.  21.  County  Government  Act,  print- 
ing; unconstitutional.— 134  C.  53,  66  P.  44,  54  L.   R.  A.  771. 

Same,  p.  452,  §  13,  County  Government  Act.  This  act,  making  pro- 
vision for  the  enactment  of  an  ordinance  by  a  vote  of  the  people 
was  held  unconstitutional.— 154  C.  317,  321,  324.  97  P.  822. 

Same,  p.  454,  §13.  Referendum  provision;  unconstitutional. — 134  C. 
69,  86  Am.  St.  Rep.  236,  66  P.  194  (Beatty,  C.  J.,  dissenting).  See 
Const,  art.  XI,  §§  1,  4,  5,  11. 

Same,  p.  522.  (§  170,  County  Government  Act.)  Public  adminis- 
trator, counties  of  thirteenth  class;  conceded,  for  sake  of  argument, 
to  be  unconstitutional. — 122  C.   302,   54  P.   897. 

Same,  p.  537,  §  183,  subd.  14.  Constables;  unconstitutional. — 129  C. 
611,  62  P.  184;   135  C.   649,   67  P.  1082    (reporters'  fees). 

Same,  p.  712,  §  164,  subd.  13.  County  Government;  unconstitutional. 
—144  C.   266,  268,  269,  274,  77  P.   919. 

Stats.  1899,  p.  24,  §  1.  Publishing  constitutional  amendments;  un- 
constitutional.— 130  C.   82,  91,   62   P.   516. 


TABLE  OF   UNCONSTITUTIONAL  STATUTES.  xxxiii 

Same,  p.  47.  Primary  Election  Law;  unconstitutional. — 129  C.  3.i7, 
61   P.   1115,   51  L.   R.  A.   115. 

Same,  p.  241.  San  Francisco  Charter;  repeals  all  former  laws,  gen- 
eral and  special,  affecting  municipal  affairs. — 126  C.  404,  407,  58  P. 
932. 

Same,  p.  281.  Chap.  VIII,  §  2  of  the  charter  which  attempts  to  con- 
fer jurisdiction  upon  the  police  court  of  the  city  and  county  of  San 
Francisco  to  try  all  other  misdemeanors  than  those  arising  under  the 
violation  of  ordinances  committed  within  such  city  and  county  is  in- 
valid; such  jurisdiction  may  be  conferred  by  an  act  of  the  legisla- 
ture, but  not  by  a  freeholders'  charter. — 148  Cal.  131.  134,  82  Pac. 
Rep.  838;  Church's  Annotated  Charter  of  the  City  and  County  of  San 
Francisco,  p.  121. 

Same,  pp.  341-350,  art.  XI,  §§4,  6,  8,  SV2-  San  Francisco  Charter — 
Civil  service — Deputies  of  county  affairs:  unconstitutional. — 132  C. 
440-447,  64  P.  696;  but  compare  with  132  C.  447,  G4  P.  699;  136  C.  585- 
587,  69  P.  299. 

Same,  p.  454.  Assessors,  compensation  (San  Francisco  Charter,  §  34). 
See  dissenting  opinion  of  Chief  Justice  Beatty,  art.  XIII,  §  12.— 135  C. 
512,  517,   67  P.   973. 

Same,  p.  466.  Police  and  justices'  courts;  §  69,  as  to  "exclusive"  jur- 
isdiction,  unconstitutional. — 128   C.    460,    462,   60   P.    1094. 

Stats.  1901,  p.  117.  Revision  of  codes  of  California;  unconstitutional. 
—134  C.  291,  296,  86  Am.  St.  Rep.  257,  66  P.  478,  55  L.  R.  A.  833,  Const, 
art.   IV,   §§  22,    24. 

Same,  p.  684.  Passed  for  purpose  of  paying  fees  to  jurors  who  had 
served  since  passage  of  act  of  1895,  Stats,  and  Amdts.  1895,  pp.  267,  273. 
and  who  had  not  received  their  fees,  is  unconstitutional,  as  being  in 
the  nature  of  a  gift.— 138  C.  271,  273,  71  P.  335. 

Same,  pp.  685,  750  (County  Government  Act,  §  184,  par.  13).  Fees, 
township  officers;  unconstitutional. — 1  Cal.  App.  Dec.  246. 

Same,  p.  754  (County  Government  Act  of  1897,  §187).  Court  Re- 
porter's fees;  unconstitutional. — 135  C.  649,  67  P.  1082.  See  Const, 
art.  XI,  §  5,  subd.  29;  art.  IV,  §  25.  title  of  the  act;  art.  IV,  §  24. 

Stats.  1903,  p.  14,  §§  2  and  4  of  said  act,  making  it  a  misdemeanor 
for  an  employment  agent  to  receive  any  money  in  excess  of  the  per- 
centage provided  for,  are  unconstitutional  and  void,  as  an  invalid 
exercise  of  the  police  power,  respecting  the  right  to  make  contracts. — 
See  144  C.  234,  235,  77  P.  924,  1  Am.  &  Eng.  Ann.  Cas.  428,  103  Am.  St. 
Rep.  82,  66  L.  R.  A.  928. 

Same,  p.  41.  This  act  does  not  justify  an  ordinance  imposing  a  li- 
cense of  five  cents  a  head  for  grazing  sheep,  if  that  is  a  greater  tax 
than  is  required  to  regulate  the  business  under  the  authority  of  the 
County  Government  Act  of  1907,  p.  370;  Kerr's  Pocket  Pol.  C.  §  4041[a] 
subd.  2.— (Cal.  App.,  Feb.  23,  1909),  101  P.  419,  425,  431. 

Same,  p.  289.  If  this  act,  concerning  trade  disputes  between  em- 
ployers and   employees,  is  to  be   so   construed  as  to  prevent  a   court 


xxxlv  TABLE  OF  UNCONSTITUTIONAL,  STATUTES. 

of  equity  from  restraining:  a  labor  union  from  illegal  interference 
with  the  business  of  a  former  employer,  it  is  unconstitutional,  as  vio- 
lative of  one's  constitutional  right  to  acquire,  enjoy,  and  protect  prop- 
erty.—(Cal.,  July   6,   1909),   103   P.   324,   326. 

Same,  p.  338.  The  act  of  March  20,  1903,  requiring  all  packages  of 
fruit  shipped  or  offered  for  shipment  to  be  labeled  with  the  locality 
from  which  the  fruit  came,  is  unconstitutional. — 147  C.  649,  652,  82 
P.  Rep.  315,  109  Am.  St.  Rep.  183. 

Stat.<).  1905,  p.  67.  The  act  of  March  7,  1905,  generally  designated  as 
the  "Anti  Trading-Stamp  or  Coupon  Act,"  and  making  it  a  misde- 
meanor to  issue  trading-stamps  or  coupons,  is  unconstitutional. — 
147  C.  763,  82  P.  429,  3  Am.  &  Eng.  Cas.  878,  2  L.  R.  A.  N.  S.  588. 

Same,  p.  316.  The  act  of  March  20,  1905,  requiring  the  marking  of 
packages  of  butter  which  the  owner  proposes  to  sell,  and  that  eacli 
package,  between  certain  weights,  shall  have  its  exact  weight  marked 
on  it  in  letters  or  figures  not  less  than  one-fourth  of  an  inch  high  is 
unconstitutional  and  void. — 149  C.  104,  106,  84  P.  770,  5  L.  R.  A.  N.  S. 
873. 

Same,  p.  422.  Act  fixing  rates  of  interest  and  charges  upon  loans 
on  chattel  mortgages  on  certain  personal  property,  and  prescribing 
penalties  etc.,  held  unconstitutional  for  various  reasons.— See  148  C. 
262,  268,  82  P.  956,  7  Am.  &  Eng.  Cas.  477,  113  Am.  St.  Rep.  236,  2 
L.  R.  A.  N.  S.  813. 

Same,  p.  711.  Those  portions  of  the  act  of  March  21,  1905,  regu- 
lating loans  of  money  on  personal  property  by  incorporated  associa- 
tions, and  which  purport  to  make  a  criminal  offense  of  the  same  acts 
which  were  the  subject  of  legislation  in  the  act  of  March  20,  1905, 
Stats,  and  Amdts.  1905,  p.  422,  are  unconstitutional  and  do  not  have 
the  effect  of  repealing  the  prior  act. — 148  C.  262,  263,  82  P.  956,  7  Am. 
&  Eng.  Cas.  477,  113  Am.  St.  Rep.  236,  2  L.  R.  A.  N.  S.  813. 

Stat.s.  1907,  p.  265.  This  act,  known  as  the  General  Milk  Statute  of 
1907,  conflicts  with  the  milk  ordinance  of  the  city  and  county  of  San 
Francisco,  and  such  ordinance  cannot  be  enforced. — 8  Cal.  App.  295, 
299,  305,  96  P.  1027. 

Same,  p.  974.  The  act  of  March  23,  1907,  providing  for  and  regu- 
lating the  deposit  of  county  and  municipal  moneys  in  banks  and  bank- 
ing corporations,  does  not  authorize  a  municipal  corporation,  such 
as  the  city  and  county  of  San  Francisco,  organized  under  a  free- 
holders' charter,  to  deposit  its  municipal  funds  in  such  banks  con- 
trary to  an  express  provision  of  its  charter  denying  it  such  power. — 
152  C.  5,  8,  91  P.  803. 

Stats.  1909,  p.  399.— The  constitutionality  of  this  statute,  adding  a 
new  section  numbered  56  to  the  Vrooman  Act,  Stats.  1885,  p.  147,  is 
doubtful. —  (Cal.  App.,  Sept.  10,  1909),  104  P.  717,  719. 


GENERAL   LAWS 


STATE  OF  CALIFOENIA. 

TITLE  1. 

ABORTION. 
ACT  1. 

To  suppress  injurious  publications.     [Stats.  1858,  p.  204.] 
This  was  an  act  to  prevent  advertising  to  procure  abortions.     It  was  superseded 
by  Penal  Code,  §  317. 

TITLE  2. 
ACCORD  AND  SATISFACTION. 
ACT  6. 

For  the  relief  of  debtors.     [Stats.  1867-68,  p.  31.] 
This   act  permitted  the   discharge  of  the  whole  of  a  debt  on  payment  of  part. 
It  was  superseded  by  Civil  Code,  §§  1521-1524. 
Citations.     Cal.  45/371. 

TITLE  3. 
ACCOUNTANTS. 
ACT  11. 

An  act  to  create  a  state  board  of  accountancy  and  prescribe  its  duties 
and  povi^ers;  to  provide  for  the  examination  of  and  issuance  of  cer- 
tificates to  qualified  applicants,  with  the  designation  of  certified 
public  accountant;  and  to  provide  the  grade  of  penalty  for  violations 
of  the  provisions  hereof. 

[Approved  March  .23,  1901.     Stats.  1901,  p.  645.] 

§  1.  Within  thirty  days  after  the  passage  of  this  act  the  governor 
shall  appoint  five  persons,  at  least  three  of  whom  shall  be  competent 
and  skilled  public  accountants  who  shall  have  been  in  practice  as  such 
in  this  state  for  not  less  than  five  consecutive  years,  to  constitute  and 
serve  as  a  state  board  of  accountancy.  The  members  of  such  board 
shall,  within  thirty  days  after  their  appointment,  take  and  subscribe  to 
the  oath  of  office  as  prescribed  by  the  Political  Code,  and  file  the  same 
with  the  secretary  of  state.  They  shall  hold  office  for  four  years,  and 
until  their  successors  are  appointed  and  qualified;  save  and  except  that 
one  of  the  members  of  the  board  first  to  be  appointed  under  this  act  shall 
hold  office  for  one  year;  one  for  two  years;  one  for  three  years,  and  two 
for  four  years.  Any  vacancies  that  may  occur,  from  any  cause,  shall  be 
filled  by  the  governor  for  the  unexpired  term;  provided,  that  all  appoint- 
Gen.  Laws — 1  (1) 


Actll,  §§2,  3  GENERAL  LAWS.  2 

ments  made  after  the  first  year  must  be  made  from  the  roll  of  certificates 
issued  and  on  file  in  the  ofiice  of  the  governor. 

§2.  The  state  board  of  accountancy  shall  have  its  office  in  ths  city 
and  county  of  San  Er-ancisco,  and  its  powers  and  duties  shall  be  as 
follows: 

1.  To  formulate  rules  for  the  government  of  the  board  and  for  the 
examination  of  and  granting  of  certificates  of  qualification  to  persons 
applying  therefor; 

2.  To  hold  written  examinations  of  applicants  for  such  certificates,  at 
least  semi-annually,  at  such  places  as  circumstances  and  applications 
may  warrant; 

3.  To  grant  certificates  of  qualification  to  such  applicants  as  may,  upon 
examination,  be  found  qualified  in  "theory  of  accounts,"  "practical  ac- 
counting," "auditing,"  and  "commercial  law,"  to  practice  as  certified 
public  accountants; 

4.  To  charge  and  collect  from  all  applicants  such  fee,  not  exceeding 
twenty-five  dollars,  as  may  be  necessary  to  meet  the  expenses  of  examina- 
tion, issuance  of  certificates  and  conducting  its  office;  provided,  that  all 
such  expenses,  including  not  exceeding  five  dollars  per  day  for  each  mem- 
ber while  attending  the  sessions  of  the  board  or  conducting  examinations, 
must  be  paid  from  the  current  receipts,  and  no  portion  thereof  shall  ever 
be  paid  from  the  state  treasury; 

5.  To  require  the  annual  renewal  of  all  such  certificates,  and  to  collect 
therefor  a  renewal  fee  of  not  exceeding  one  dollar; 

6.  To  revoke  for  cause  any  such  certificate,  after  written  notice  to  the 
holder,  and  a  hearing  being  had  thereon;  provided,  that  such  revocation 
must  receive  the  affirmative  vote  of  at  least  four  members  of  the  board; 

7.  To  report  annually  to  the  governor,  on  or  before  the  first  day  of 
December,  all  such  certificates  issued  or  renewed,  together  with  a  de- 
tailed statement  of  receipts  and  disbursements;  provided,  that  any  bal- 
ance remaining  in  excess  of  the  expenses  incurred  may  be  retained  by 
the  board  and  used  in  defraying  the  future  expenses  thereof; 

8.  The  board  may,  in  its  discretion,  under  regulations  provided  by  its 
rules,  waive  the  examination  of  applicants  possessing  the  qualifications 
mentioned  in  section  three,  who  shall  have  been  for  more  than  three  years 
prior  to  the  passage  of  tliis  act  practicing  in  this  state  as  public  ac- 
countants on  their  own  account,  and  who  shall,  in  writing,  apply  for 
such  certificates  within  one  year  thereafter. 

§  3.  Any  citizen  of  the  United  States,  or  any  person  who  has  duly 
declared  his  intention  of  becoming  such  citizen,  residing  and  doing  busi- 
ness in  this  state,  being  over  the  age  of  twenty-one  years  and  of  good 
moral  character,  may  apply  to  the  state  board  of  accountancy  for  ex- 
amination under  its  rules,  and  for  the  issuance  to  him  of  a  certificate  of 
qualification  to  practice  as  a  certified  public  accountant,  and  upon  the 
issuance  and  receipt  of  such  certificate,  and  during  the  period  of  its 
existence,  or  of  any  renewal  thereof,  he  shall  be  styled  and  known  as  a 
certified  public   accountant  or   expert   of  accounts,  and   no   other  person 


8  ACKNOWLEDGMENTS,  Acts  16-21 

shall  be  permitted  to  assume  and  use  such  title  or  to  use  any  words, 
letters  or  tigures  to  indicate  that  the  person  using  the  same  is  a  certified 
public  accountant. 

§  4.     Any  violation  of  the   provisions   of   this   act  shall  be   deemed   a 
misdemeanor. 

§5.     This  act  shall  take  effect  from  and  after  its  passage. 

TITLE  4. 
ACKNOWLEDGMENTS. 

The    legislature    at    various    times    has    passed    statutes    validating    acknowledg- 
ments: See  Civil  Code,  §  1207. 

Consult  the  following  acts  in  this  connection: 

ACT  16. 

Legalizing  acknowledgments  of  deeds.     [Stats.   1852,  p.  166.] 
This  act  legalized  acknowledgments  taken  by  recorders  before  March  ,26,  1851. 

ACT  17. 

To  legalize   certain  acknowledgments.     [Stats.   1859,   p.   212.] 
This    act    legalized   acknowledgments    taken   by    deputy    clerks    of    the    superior 
court  and  deputy  county  recorders. 

ACT  18. 

Concerning  certain  acknowledgments  of  deeds  and  other  instruments  in 
writing,  affecting  real  estate.     [Stats.   I860,  p.   179.] 
This   act  provided  for  correcting   defective   certificates.     It   was   superseded   by 
Civil  Code,   §  1202. 

ACT  19. 

To  legalize  certain  acknowledgments,  required  by  section  2  of  an  act  to 
provide  for  the  formation  of  chambers  of  commerce,  boards  of  trade, 
mechanics'    institutes    and    similar    protective    associations.     [Stats. 
1885,  p.  55.] 
This  act  appears  in  full  in   Appendix,  Civil  Code,  p.  1853. 

ACT  20. 

To  legalize  certain  acknowledgments.     [Stats.  1891,  p.  20.] 
Superseded  1897,  p.  29. 

This  act  legalized  acknowledgments  by  court  commissioners. 
Citations.      Cal.  97/483  ;  108/145. 

ACT  21. 

To  legalize  certain  acknowledgments.     [Stats.  1897,  p.  29.] 
This    act    legalized    acknowledgments    before    court    commissioners    and    county 
eleiks. 


Acta  26-83  GENERAL  LAWS.  4 

TITLE  5. 

ADOPTION. 
ACT  26. 

Providing  for  the  adoption  of  minors  and  tlie  legitimizing  children  born 
out  of  wedlock.     [Stats.  1869-70,  p.  530.] 
Superseded  by  Civil  Code. 
Citations.      Cal.  81/420,  441,  446. 

ACT  27. 

To  authorize  managers  of  orphan   asylums  to   give  their  consent  to  the 
adoption  of  children  under  their  care.     [Stats.  1877-78,  p.  963.] 
See  Civ.  Code,   §  224. 
Citations.     Cal.  65/382;   80/218,  219. 

TITLE  6. 

ADULTERATION. 
ACT  29. 

An  act  to  prevent  the  manufacture,  sale  or  transportation  of  adulterated, 
mislabeled  or  niisbranded  foods  and  liquors  and  regulating  the  traffic 
therein,  providing  penalties,  establishing  a  state  laboratory  for  foods, 
liquors  and  drugs  and  making  an  appropriation  therefor.  [Approved 
March  11,  1907.  Stats.  1907,  p.  208.  Amended  1909,  p.  51;  1909, 
p.  353.] 
This  act  appears  in  full  in   Appendix,  Penal  Code,  p.  1989. 

ACT  30. 

An  act  for  the  prevention  of  the  manufacture,  sale  or  transportation  of 
adulterated,  mislabeled  or  misbranded  drugs,  regulating  the  traffic  in 
drugs    and    providing    penalties    for    violation    thereof.     [Approved 
March  11,  1907.     Stats.  1907,  p.  230.] 
This  act  appears  in  full  in  Appendix,  Penal  Code,  p.  2026. 

ACT  31. 

An  act  to  prevent  the  adulteration  of  paints,  oils,  varnishes  and  pigments. 
[Approved  March  22,  1907.     Stats.  1907,  p.  852.] 
This  act  appears  in  full  in   Appendix,  Penal  Code,  p.  1988. 

ACT  32. 

To  prevent  fraud  and  deception  in  the  manufacture   and  sale  of  butter 
and  cheese.     [Stats.  1881,  p.  14.] 
Superseded  by  1895,  p.  41;   1897,  p.  65.      See  Act  of  1907,  p.  265,  prohibiting 
adulteration  in  dairy  products:   Post,  Act  875. 

ACT  33. 

To  prevent  deception  in  the  manufacture  and  sale  of  butter  and  cheese 
and  to  secure  its  enforcement.     [Stats.  1895,  p.  41.] 
Repealed  in  eflfect  1897,  p.  65. 


6  ADULTERATION.  Acts  34-42 

ACT  34. 

To  prevent  deception  in  the  manufacture  and  sale  of  butter  and  cheese, 
to  secure  its  enforcement  and  to  appropriate  money  therefor.     [Stats. 
1897,  p.  65.] 
This  act  is  in  full  in   Appendix,  Penal  Code,  p.  2006. 

ACT  35, 

To   provide   against   the   adulteration   of  food   and   drugs.     [Stats.    1895, 
p.  71.] 
Codified  in  part  by  §  383  of  Penal  Code. 

ACT  36. 

To  prevent  the  adulteration  of  food  and  liquors.     [Stats.   1862,  p.  484.] 
Superseded  by  Penal  Code,  §  382. 

ACT  37. 

To    prevent    the    sale   of   imitation    or   adulterated   honey.     [Stats.    1895, 
p.  94.] 
Superseded  1897,  p.  12.      See  post,  Act  38. 

ACT  38. 

To  prohibit  the  adulteration  of  honey,  and  to  provide  a  punishment  there- 
for.    [Stats.  1897,  p.  12.] 
This  act  is  in  full  in  Appendix,  Penal  Code,  p.  1987. 

ACT  39. 

To  protect  and  encourage  the  production  and  sale  of  pure  and  vrholesome 
milk,  and  to  prohibit  and  punish  the  production  or  sale  of  unwhole- 
some or  adulterated  milk.     [Stats.  1869-70,  p.  298.] 
Superseded  by  Penal  Code,    §  382. 

ACT  40. 

To  provide  for  analyzing  minerals,  mineral  waters,  and  other  liquids,  and 
medicinal  plants,  and  of  foods  and  drugs,  and  to  prevent  the  adultera- 
tion of  the  same.     [Stats.  1885,  p.  43.] 
This  act  appears  in  full  in   Appendix,  Political  Code,  p.  1848. 

ACT  41. 

To  regulate  the  sale  of  imitation  olive  oil.     [Stats.  1893,  p.  210.] 
This  act  is  in  full  in   Appendix,  Penal  Code,  p.  2085. 

ACT  42. 

To  prohibit  and  punish  the  sale  of  adulterated  syrup.      [Stats.  1877-78 
p.  695.] 
This  act  is  in  full  in  Appendix,  Pen:;!  Code,  p.  1977. 


Acts  43-54  GENERAL  LAWS.  6 

ACT  43. 

To  prohibit  the   sale  and   disposal  of  adulterated  spirituous  or  alcoholic 
liquors,  wines  or  cider.      [Stats.  1860,  p.  ISG.] 
Superseded  by  Peual  Code,  §  382. 

ACT  44. 

To  prohibit  the  sophistication  and  adulteration  of  wine  and  to  prevent 
fraud  in  the  manufacture  and  sale  thereof.      [Stats.  1SS7,  p.  46.] 
This  act  is  in  full  in  Appendix,  Penal  Code,  p.  1977. 
Citations.      Cal.  74/29,  39,  40,  42,  43,  45;   102/164. 

ACT  45. 

An  act  to  prevent  deception  in  the  manufacture  and  sale  of  California 
wines  by  establishing  a  uniform  wine  nomenclature  for  pure  wines, 
and  to  secure  its  enforcement  and  to  provide  a  penalty  for  the  viola- 
tion of  the  provisions  thereof.  [Approved  March  6,  1907.  Stats. 
1907,  p.  127.] 
This  act  appears  in  full  in  Appendix,  Penal  Code,  p.  1983. 

ACT  46. 

An  act  to  prohibit  the  use  of  chemicals  and  other  materials  in  milk  and 
milk   products  to   prevent   fermentation   therein.     [Approved   March 
23,  1907.     Stats.  1907,  p.  971.] 
This  act  appears  in  full  in  Appendix,  Penal  Code,  p.  2023. 

ACT  47. 

An  act  to  regulate  the  production  and  sale  of  certified  milk.     [Approved 
March  18,  1909.     Stata.  1909,  p.  402.] 
This  act  appears  in  full  in  Appendix,  Penal  Code,  p.  2025. 

TITLE  7. 

ADULTERY. 
ACT  49. 

Adultery,  act  to  punish.     [Stats.   1871-72,  p.  380.] 
Codified  by   §§269a,   269b,   Penal   Code. 
Citations.      Cal.  46/52;  49/10;    71/263;   82/449;   103/497;   148/304. 

TITLE  8. 

AGED  PERSONS. 
See   "Home  of  Adult  Blind";    "Veterans'    Home   Association." 

ACT  54. 

To  appropriate  money  for  the  support  of  aged  persons  in  indigent  circum- 
stances.    [Approved  March  15,  1883.     Stats.  1883,  p.  380.] 

Repealed  1895,  p.  23. 

This  act  provided  for  an  appropriation   of  one  hundred  dollars   for  every  aged 


7  AGENTS— AGRICULTURE.  Acts  59-64 

person,  minor,  orphan,  half-orphan,  or  abandoned  child  maintained  in  any  institu- 
tion.     See  Act  2595. 

Citations.     Cal.  69/74;  77/134;   114/395;  123/151;  136/64. 

TITLE  9. 

AGENTS. 
ACT  59. 

Relating  to  advances,  bona  fide,  made  to  agents  intrusted  with  goods,  and 
for  the  better  protection  of  such  advances.     [Stats.  1877-78,  p.  835.] 
Repealed  1880,  p.  120. 
Citations.     Cal.  66/308,  309. 

TITLE  10. 
AGRICULTURE. 
See  "Fruit  Trees  and  Vines";    "Horticulture";   "Silk  Culture";    "Viticulture." 

ACT  62. 

An  act  to  provide  for  the  improvement  of  cereal  crops  of  California,  and 
appropriate  money  therefor.  [Approved  March  6,  1909.  Stats.  1909, 
p.  190.] 

This  act  provided  for  investigations  and  experiments  under  the  supervision  of 
the  director  of  the  agricultural  experiment  station  for  the  University  of  Califor- 
nia. Former  acts  on  the  same  subject  can  be  found  in  Stats.  1905,  p.  128,  and 
1907,  p.  204. 

ACT  63. 

An  act  making  an  appropriation  for  the  erection  and  construction  of 
buildings  and  equipping  the  fair  grounds  owned  by  or  under  the 
jurisdiction  and  control  of  the  California  State  Agricultural  Society, 
for  exposition  and  state  fair  purposes  and  for  the  payment  of  other 
expenses  incidental  and  relating  thereto,  prohibiting  gambling  of  all 
kinds  upon  the  grounds  and  premises  under  the  control  of  said  Cali- 
fornia State  Agricultural  Society,  and  providing  a  penalty  for  gam- 
bling or  gaming  thereon,  and  providing  that  certain  moneys  now  in 
the  state  treasury  may  be  used  in  connection  with  this  appropriation 
for  such  purposes.     [Stats.  1905,  p.  793.] 

ACT  64. 

An  act  to  authorize  state  agricultural  societies  under  the  control  of  the 
state  to  sell  property  held  by  them  in  fee,  or  held  by  trustees  for 
their  use,  or  in  which  they  may  have  any  interest;  to  prescribe  a 
course  of  procedure  therefor;  to  indemnify  purchasers  at  such  sale, 
and  to  direct  how  the  proceeds  shall  be  applied. 

[Approved  February  25,  1897.  Stats.  1897,  p.  30.  Amended  1899,  p.  106.] 
Compare  Act  of  1905,  p.  793. 

§  1.     Whenever  any   state   agricultural   society   under   state   control   shall 
desire  to  sell  the  whole   or  any  portion   of  its   real   estate   held   by  it 


Act  64,  §  1  GENERAL  LAWS.  8 

in  fee,  or  by  a  trustee  for  its  use,  or  in  whicli  it  may  have  any  title, 
interest,  or  claim,  it  shall  be  lawful  for  such  society  or  association  to 
file  its  complaint  in  the  superior  court  of  the  county  in  which  such  lands 
are  situated,  setting  forth  the  nature  of  the  title  under  which  the  land 
to  be  affected  by  the  decree  of  the  court  is  held,  and  what  claim  such 
society  or  association  has  therein;  and  that  it  is  the  desire  of  such  society 
or  association  to  sell  such  real  estate,  and  praying  for  judgment  authoriz- 
ing it  to  sell  the  same.  In  such  action  the  trustee  or  trustees  holding 
title  in  trust  for  such  society  or  association,  or  their  successors,  or  the 
survivor  or  survivors  of  them,  or  such  other  persons  deriving  title  from 
the  trustees,  as  the  case  shall  require,  shall  be  made  parties  defendant; 
and  upon  the  service  of  the  summons  upon  such  defendants  personally 
or  by  publication,  or  upon  their  appearance,  the  court  shall  have  full 
jurisdiction  in  the  premises.  Such  society  or  association  may  include  as 
defendants  in  such  action  in  addition  to  such  persons  or  parties  as  appear 
of  record  to  have,  and  other  persons  or  parties  who  are  known  to  have, 
some  claim  in  or  lien  on  the  lands  described  in  the  complaint;  also  all 
other  persons  or  parties  unknown,  claiming  any  right,  interest,  or  lien 
in  such  land,  and  the  plaintiff  may  describe  sueh  defendants  in  the  com- 
plaint as  follows: 

"Also  all  other  persons  or  parties,  unknown,  claiming  any  right,  title, 
estate,  lien,  or  interest  in  the  real  estate  described  in  the  complaint 
herein."  Service  of  the  summons  may  be  had  upon  all  such  unknown 
persons  or  parties  defendant  by  publication,  as  provided  by  law  in  case 
of  nonresident  defendants.  All  such  unknown  persons  or  parties  so 
served  shall  have  the  same  rights  as  are  provided  by  law  in  case  of  all 
the  other  defendants  upon  whom  service  is  made  by  publication  or  person- 
ally and  the  action  shall  proceed  against  such  unknown  persons  or  parties 
in  the  same  manner  as  against  the  defendants  who  are  named,  upon  whom 
service  is  made  by  publication,  and  with  like  effect;  and  any  such  un- 
known persons  or  parties  who  have  or  claim  any  right,  estate,  lien,  or 
interest  in  the  said  property  in  controversy  at  the  time  of  the  commence- 
ment of  the  action,  duly  served  as  aforesaid,  shall  be  bound  and  con- 
cluded by  the  judgment  in  such  action  as  effectually  as  if  the  action 
was  brought  against  such  defendant  by  his  or  her  name,  and  personal 
service  of  the  summons  obtained,  notwithstanding  any  such  unknown 
person  may  be  under  legal  disability.  The  court  shall  have  full  power 
and  authority  to  order  the  property  sold.  In  case  of  a  sale,  the  court 
shall  appoint  a  commissioner  to  make  the  sale,  and  shall  direct  the 
manner  in  which  the  sale  shall  be  conducted;  provided,  that  when  any 
property  is  held  in  trust  by  any  such  agricultural  society  or  association, 
such  property  held  in  trust  shall  be  sold  separately  from  any  that  may 
be  held  in  fee.  The  commissioner  shall  make  a  report  of  sale  to  the  court, 
which,  after  such  notice  as  it  may  deem  proper,  shall  proceed  to  hear 
the  same,  and  if  it  finds  that  the  sale  was  fairly  conducted,  and  the 
price  bid  was  proportionate  to  the  value  of  the  land  sold,  it  shall  make 
and  enter  a  decree  confirming  the  sale,  and  directing  the  commissioner 
to  execute  a  deed  to  the  purchaser.  The  deed  executed  by  said  com- 
missioner, under  and  in  pursuance  of  the  decree  of  the  court,  shall  be 


9  AGRICULTURE.  Act  64,  §  1 

valid  and  effectual  to  convey  to  the  purchaser  an  absolute  title  in  fee 
simple  to  the  premises;  provided,  however,  that  before  the  filing  of  any- 
such  complaint  in  the  superior  or  any  other  court,  it  shall  be  necessary 
for  such  agricultural  society,  or  any  person  or  corporation  claiming  the 
title  to  such  land,  to  prepare,  sign,  and  properly  acknowledge  a  good  and 
sufficient  deed  or  deeds  sufficient  to  vest  in  the  state  all  title,  interest,  or 
claim  which  such  society  may  have  in  and  to  any  laud  to  be  affected  by 
the  proceedings  hereby  authorized  to  be  instituted;  such  deed  or  deeds 
to  be  conditioned  that  the  title,  claim,  or  interest  of  such  society  em- 
braced in  such  deed  or  deeds  shall  be  held  by  the  state  of  California  in 
trust  for  the  benefit  of  such  society;  which  said  deed  or  deeds  shall  be 
deposited  with  the  state  treasurer,  to  be  by  him  held  in  escrow  pending 
the  final  conclusion  of  such  proceedings  in  such  court.  If  the  court  in 
which  such  proceedings  are  had  shall  order  such  land  to  be  sold,  as  herein 
provided  for,  the  state  treasurer  shall  forthwith  file  such  deed  or  deeds 
with  the  county  recorder  of  the  county,  or  city  and  countj^  in  which 
such  land  is  located.  If  there  be  any  liens  upon  or  claims  against  the 
property,  the  court  shall  order  them  paid  out  of  the  proceeds  of  sale. 
The  residue  remaining,  after  paying  the  costs  and  expenses  of  sale  and 
such  liens  and  claims  against  the  property  as  the  court  may  order  paid, 
shall  be  paid  into  the  state  treasury,  where  it  shall  remain  until  required 
for  the  purchase  of  other  property  for  the  use  of  such  society  or  associa- 
tion, upon  the  order  of  the  state  controller;  and  it  shall  be  drawn  there- 
from only  upon  authorization  passed  by  the  board  of  directors  or  trustees 
of  such  society  or  association,  by  and  with  the  approval  of  the  state 
board  of  examiners,  and  upon  warrants  duly  drawn  by  the  state  con- 
troller. If,  through  any  defects  in  the  proceedings,  or  otherwise,  the  title 
should  not  pass,  the  state  will  indemnify  the  purchaser  by  repaying  to 
him  the  amount  paid  by  him;  provided,  such  purchaser  or  purchasers 
shall  file  their  claim  or  claims  for  the  repayment  of  such  purchase  price 
with  the  state  board  of  examiners  within  five  years  after  the  payment 
of  such  purchase  price  to  the  state  treasurer  in  the  first  instance.  The 
surplus  of  proceeds  of  sale,  paid  into  the  state  treasury,  shall  be  drawn 
out  on  certificate,  signed  by  a  majority  of  the  directors,  or  governing 
body  of  such  society  or  association,  and  also  of  the  state  board  of  ex- 
aminers, stating  that  it  is  desired  for  the  payment  for  other  property 
for  the  use  of  such  agricultural  society;  and  upon  receipt  of  such  cer- 
tificate, the  treasurer  shall  pay  to  the  said  directors,  or  governing  body, 
or  person  designated  by  them,  all  or  such  part  of  such  surplus  as  may 
be  required  for  the  purchase  of  other  property;  provided,  however,  that 
if  all  or  any  portion  of  the  real  estate,  and  the  improvements  thereon 
held  by  any  state  agricultural  society  under  state  control,  shall  have 
been  acquired  in  the  name  of  such  society,  or  of  any  person,  association, 
or  corporation,  in  trust  for  the  use  of  said,  or  any  other  agricultural 
society,  originally,  or  at  any  time,  by  the  use  of  money  derived  from 
taxation  of  the  taxable  property  of  any  city  and  county,  county,  or  city, 
then,  and  in  that  event,  the  surplus  proceeds  of  any  sale  of  such  property 
shall  be  invested  in  other  real  estate,  within  the  same  county,  or  city 
and  county,  for  the  same  purpose,  and  not  otherwise,  or  elsewhere.     It 


Act  65  GENERAL  LAWS.  10 

is  expressly  provided  that  in  no  event  shall  the  state  be  liable  for  the 
payment  of  any  expense,  interest,  or  attorneys'  fees,  incurred  by  any 
one,  on  any  account,  by  or  on  behalf  of  any  such  agricultural  society  in 
their  behalf;  and  it  shall  be  incumbent  on  such  society  to  make  pro- 
vision for  the  payment  of  the  expenses,  costs,  attorneys'  fees,  and  any 
interest  that  may  be  necessary  to  be  paid  any  purchaser,  by  reason  of 
repayment  of  any  purchase  money  on  account  of  failure  of  title  to  such 
lands;  such  provision  for  the  payment  of  expenses,  attorneys'  fees,  costs, 
and  anticipated  interest  to  be  provided  for  prior  to  the  issue  of  any 
summons,  or  order  of  publication  in  any  action  contemplated  by  this  act. 
[Amended  March  16,  1899.     Stats.  1899,  p.  106.] 

§  2.  If  any  real  estate  contemplated  in  the  preceding  section,  pur- 
chased by  the  proceeds  of  taxes  levied  upon  and  collected  from  the 
taxable  property  of  any  city  and  county,  county,  or  city,  shall  have  been 
ordered  sold,  as  in  said  section  provided,  and  shall  have  been  offered  for 
sale  in  the  mode  therein  specified,  for  a  period  of  sixty  days  or  more, 
and  not  all  sold  for  want  of  an  adequate  price,  the  board  of  directors, 
or  governing  body  of  such  society  or  association,  shall  be,  and  they  are 
hereby  authorized  and  empowered  to  exchange  all  or  any  part  of  such 
real  estate  for  other  land  suitable  for  the  use  of  such  society,  or  associa- 
tion, within  the  same  county,  or  city  and  county,  upon  such  terms  as 
may  be  reasonable  and  just,  and  the  deed  or  deeds  executed  for  the  con- 
veyance of  such  real  estate  in  exchange  shall  be  executed  by  the  board  of 
directors  of  such  society  or  association,  or  a  majority  thereof,  and  by 
the  commissioner  appointed  in  the  proceedings  provided  for  in  the  pre- 
ceding section  for  the  sale  of  such  property,  and  such  exchange  of  prop- 
erty shall  be  subject  to,  and  with  the  approval  of  a  judge  of  the  superior 
court  of  the  county,  or  city  and  county,  in  which  the  proceedings  pro- 
vided for  were  had.  [New  section  added  March  16,  1899.  Stats.  1899, 
p.  108.] 

§  3.  In  case  of  the  exchange  of  any  portion  of  such  property,  as 
provided  for  in  section  2  thereof,  the  real  estate  received' in  such  ex- 
change shall  be  subject  to  the  indemnification  of  any  person  who  shall 
receive  any  of  the  said  real  estate  of  said  agricultural  society  in  such 
exchange  in  case  of  any  defect  in  the  proceedings,  or  otherwise,  whereby 
the  title  to  such  real  estate  of  such  society  should  not  pass,  and  in  such 
case  of  exchange  the  state  of  California  shall  be  absolved  from  any 
obligation  to  pay  any  part  of  any  purchase  price,  or  value  of  exchanged 
property;  provided,  further,  that  no  claims  for  failure  of  title  for  any 
reason  shall  be  entertained  after  five  years  from  the  date  of  such  ex- 
change.    [New  section  added  March  16,  1899.     Stats.  1899,  p.  109.] 

§4.     This  act  shall  take  effect  immediately  from  and  after  its  passage. 
Prior  acts  relating  to  agricultural  societies: 

ACT  65. 

To  incorporate  a  state  agricultural  society.     [Stats.  18.54,  p.  56.] 
Amended  1858,  p.  80;  1863,  p.  50.      Supp.  1863,  pp.  49,  259. 


11  AGRICULTURE.  Acts  66-68a 

These  acts  were  continued  in  force  by  Political  Code,   §  2326. 
Citations.     Cal.  121/19. 

ACT  66. 

Concerning  agricultural  societies.     [Stats.  1859,  p.  104.] 
Amended  1862,  p.  37;   1869-70,  p.  31;   1877-78,  p.  84. 

This  act  provided  for  the   formation  of  agricultural   societies   by  any  seven   or 
more  persons  and  for  their  powers  and  goverument. 

ACT  67. 

Providing   for   the   management   and   control    of   the    state    agricultural 
society.     [Stats.  1880,  p.  49.] 
Citations.     Cal.  85/510;   121/19;  151/799,  801. 

ACT  67a. 

An  act  authorizing  and  directing  the  directors  of  the  State  Agricultural 
Society  to  make  arrangements  by  day's  work  or  by  contract,  for 
leveling  and  planting  the  grounds,  and  painting  and  repairing  the 
buildings,  at  the  State  Agricultural  Park,  near  the  city  of  Sacra- 
mento, state  of  California,  and  making  an  appropriation  therefor. 
[Approved  February  26,  1909.  Stats.  1909,  p.  82.] 
This  act  appropriated  $10,000  for  the  purpose  indicated. 

ACT  671). 

An  act  authorizing  and  directing  the  directors  of  the  State  Agricultural 
Society  to  erect  a  new  building  at  Agricultural  Park,  near  the  city 
of  Sacramento,  state  of  California,  to  be  known  and  designated 
machinery  hall;  fixing  the  requirements  thereof  and  making  an  ap- 
propriation therefor.  [Approved  February  26,  1909.  Stats.  1909, 
p.  83.] 
This  act  appropriated  $30,000  for  the  purpose  indicated. 

ACT  68. 

An  act  entitled  an  act  to  form  agricultural  districts,  to  provide  for 
formation  of  agricultural  associations  therein,  and  for  the  manage- 
ment and  control  of  the  same  by  the  state,  and  to  repeal  all  acts  and 
parts  of  acts  in  conflict  with  this  act.  [Approved  March  31,  1897. 
Stats.  1897,  p.  304.  Amended  1901,  p.  304;  1909,  p.  994.] 
Consult  in  connection  with  this  act  the  Act  of  1909,  p.  979  [see  Act  68a], 
■which  covered  the  same  subject  matter  and  repealed  conflicting  acts. 
Citations.      Cal.  151/804;  154/125. 

ACT  68a. 

An   act    to    form    agricultural    districts,    to    provide    for   the    formation, 
organization    and   powers,   of    agricultural    associations    therein    and 
for  the  management  and  control  of  the  same  by  the  state,  and  re- 
pealing all  acts  and  portions  of  acts  in  conflict  with  this  act. 
[Approved  April  17,  1909.     Stats.  1909,  p.  979.] 


Act  68a,  i  1  GENERAL  LAWS.  12 

Agricultural  districts,  num^bers  of. 

§  1.  The  several  counties  of  this  state  are  divided  and  classified  into 
agricultural  districts,  and  numbered  as  follows,  to  wit: 

The  counties  of  San  Francisco  and  Alameda  shall  constitute  agri- 
cultural district  No.  1. 

The  county  of  San  Joaquin  shall  constitute  agricultural  distri(5t  No.  2. 

The  county  of  Butte  shall  constitute  agricultural  district  No.  3. 

The  counties  of  Sonoma  and  Marin  shall  constitute  agricultural  dis- 
trict No.  4. 

The  counties  of  San  Mateo  and  Santa  Clara  shall  constitute  agricultural 
district  No.  5. 

The  county  of  Los  Angeles  shall  constitute  agricultural  district"  No.  6. 

The  county  of  Monterey  shall  constitute  agricultural  district  No.  7. 

The   county  of  El  Dorado  shall  constitute  agricultural   district   No.   8. 

The  county  of  Humboldt  shall  constitute  agricultural  district  No.  9. 

The  county  of  Siskiyou  shall  constitute  agricultural  district  No.  10. 

The  counties  of  Plumas  and  Sierra  shall  constitute  agricultural  district 
No.  11;  provided,  that  the  first  fair  held  in  the  eleventh  agricultural  dis- 
trict after  the  passage  of  this  act  shall  be  held  in  Sierra  county;  the 
next  fair  in  Plumas  county,  and  thereafter  said  counties  shall  so  alternate 
in  holding  such  fairs. 

The  counties  of  Lake  and  Mendocino  shall  constitute  agricultural  dis- 
trict No.  12. 

The  counties  of  Sutter  and  Yuba  shall  constitute  agricultural  district 
No.  13. 

The  county  of  Santa  Cruz  shall  constitute  agricultural  district  No,  14. 

The  county  of  Kern  shall  constitute  agricultural  district  No.   15. 

The  county  of  San  Luis  Obispo  shall  constitute  agricultural  district 
No.  16. 

The  county  of  Nevada  shall  constitute  agricultural  district  No.   17. 

The  counties  of  Mono,  Inyo,  and  Alpine  shall  constitute  agricultural 
district  No.  18. 

All  that  portion  of  Santa  Barbara  county  lying  east  of  the  Gaviota 
and  south  of  the  Santa  Ynez  mountains,  shall  constitute  agricultural 
district  No.  19. 

The  county  of  Placer  shall  constitute  agricultural  district  No.  20. 

The  counties  of  Fresno  and  Madera  shall  constitute  agricultural  dis- 
trict No.  21. 

The  county  of  San  Diego  shall  constitute  agricultural  district  No.  22. 

The  county  of  Contra  Costa  shall  constitute  agricultural  district 
No.  23. 

The  counties  of  Tulare  and  Kings  shall  constitute  agricultural  dis- 
trict No.   24. 

The  county  of  Napa  shall  constitute  agricultural  district  No.  25. 

The  county  of  Amador  shall  constitute   agricultural  district  No.  2G. 

The  counties  of  Shasta  and  Trinity  shall  constitute  agricultural  dis 
trict  No.  27. 

The  counties  of  San  Bernardino  and  Eiverside  shall  constitute  agri^ 
cultural  district  No.  28. 


13  AGRICULTURE.  Act  68a,  5  §2-4 

The  county  of  Tuolumne  shall  constitute  agricultural  district  No.  29. 

The  county  of  Tehama  shall  constitute  agricultural  district  No.  30. 

The  county  of  Ventura  shall  constitute  agricultural  district  No.  31. 

The   county  of  Orange   shall  constitute  agricultural   district  No.  32. 

The  county  of  San  Benito  shall  constitute  agricultural  district  No.  33. 

The   county  of  Modoc  shall   constitute   agricultural   district   No.   34. 

The  counties  of  Merced  and  Mariposa  shall  constitute  agricultural 
district  No.  35. 

The  county  of  Solano  shall  constitute  agricultural  district  No.  36. 

All  that  portion  of  Santa  Barbara  county  not  included  in  agricultural 
district  No.  19  shall  constitute  agricultural  district  No.  37. 

The  county  of  Stanislaus  shall  constitute  agricultural  district  No.  38. 

The  county  of  Calaveras  shall  constitute  agricultural  district  No.  39. 

The   county  of  Yolo   shall   constitute   agricultural   district   No.  40. 

The  county  of  Del  Norte  shall  constitute  agricultural  district  No.  41. 

The  county  of  Glenn  shall  constitute  agricultural  district  No.  42. 

The   county  of  Lassen  shall  constitute   agricultural   district  No.   43. 

The   county   of   Colusa  shall   constitute   agricultural   district   No.   44. 

The  county  of  Imperial  shall  constitute  agricultural  district  No.  45. 

Formation  of  associations. 

§  2.  Any  fifty  or  more  persons  residents  of  a  majority  of  the  coun- 
ties embraced  within  any  of  the  above  districts  may  form  an  associa- 
tion for  the  purpose  of  holding  fairs,  expositions  and  exhibitions  of  all 
of  the  industries  and  industrial  enterprises,  resources  and  products  of 
every  kind  or  nature  of  the  state  with  a  view  of  improving,  exploiting, 
encouraging  and  stimulating  the  same. 

Officers. 

§  3.  The  officers  of  such  association  shall  consist  of  eight  directors 
to  be  appointed  by  the  governor  of  the  state  of  California  who  shall 
constitute  a  district  board  of  agriculture  for  said  district;  provided  how- 
ever, where  two  or  more  counties  shall  constitute  an  agricultural  district, 
each  county  shall  be  represented  in  the  district  board  of  directors  by  at 
least  two  resident  citizens,  as  directors  in  said  board;  provided,  that 
when  by  reason  of  the  formation  of  a  new  agricultural  district,  a 
director  of  one  district  becomes  a  resident  of  another,  his  term  of  office 
as  director  will  expire  in  sixty  days  after  the  formation  of  the  new 
agricultural  district. 

Appointment  of  directors. 

§  4.  After  the  formation  of  an  agricultural  association  within  any  of 
the  districts  above  constituted  in  accordance  with  the  provisions  of  this 
act,  and  notice  of  such  formation  to  the  governor,  the  governor  shall 
appoint  eight  resident  citizens  of  such  district  as  members  of  a  district 
board  of  agriculture  for  said  district  whose  term  of  office  shall  be  four 
years,  except  as  hereinafter  provided;  and  thereafter  there  shall  be  two 
members  of  said  board  appointed  in  the  same  manner  every  year  whose 
term  of  office  shall  continue  four  years,  and  until  their  successors  are 
appointed   and   qualified. 


Act  68a,  §§5-8  GENERAL  LAWS.  14 

Tenns  of  office. 

§  5.  "Witbin  ten  days  after  their  appointment  the  members  of  the 
board  shall,  by  lot  or  otherwise,  classify  themselves  into  four  classes  of 
two  members  each.  The  term  of  office  of  the  first  class  shall  expire  at 
the  end  of  the  first  fiscal  year,  the  second  class  at  the  end  of  the  second 
fiscal  year,  the  third  class  at  the  end  of  the  third  fiscal  year  and  the 
fourth  class  at  the  end  of  the  fourth  fiscal  year;  provided  that  all 
officers  of  agricultural  districts  now  in  office,  under  any  law  heretofore 
passed,  shall  hold  office  for  the  term  for  which  they  were  appointed, 
except  in  cases  specified  in  section  3  of  this  act.  And  the  agricultural 
associations  heretofore  established  shall  be  continued  in  force,  and  are 
made  agricultural  associations  under  this  act. 

Organization, 

§  6.  The  fiscal  year  shall  be  from  December  1st  to  December  1st. 
and  the  persons  so  appointed  shall  qualify  as  required  by  the  constitu- 
tion, and  shall  meet  at  a  place  within  the  district  and  organize  by  the 
election  of  one  of  their  number  as  president  of  the  board,  who  shall 
hold  said  office  of  president  one  year  and  until  his  successor  is  elected; 
they  shall  also  elect  a  secretary  and  treasurer  not  of  their  number. 

Name  of  association,  and  powers. 

§  7.  Each  association  so  formed  and  organized  is  hereby  declared  and 
shall  be  recognized  as  a  state  institution,  and  shall  be  known  and  desig- 
nated by  the  name  of  district  agricultural  association,  and  by  such 

name  and  style  shall  have  perpetual  succession  and  shall  have  power 
to  contract,  to  sue  and  to  be  sued,  to  have  a  seal,  to  purchase,  to  hold 
and  lease  real  estate  and  personal  property,  and  may  sell,  lease,  beautify, 
improve  and  dispose  of  the  same,  and  do  any  and  all  acts  and  things  nec- 
essary to  carry  out  the  objects  and  purposes  for  which  said  associations 
are  formed;  and  the  board  so  appointed  and  qualified  shall  have  the 
exclusive  control  and  management  of  such  institution,  for  and  in  the 
name  of  the  state,  and  shall  have  possession  and  care  of  all  the  property 
of  the  association  and  shall  fix  the  term  of  office  and  the  bonds  of  the 
secretary  and  treasurer  and  determine  their  salaries  and  duties.  They 
shall  have  the  power  to  make  all  necessary  by-laws,  rules  and  regulations 
for  the  government  of  the  association  and  the  management  of  its 
prudential  and  financial  affairs.  They  may  provide  for  a  fair,  exposition 
or  exhibition  by  the  association  of  all  industries  and  industrial  products 
in  the  district  or  state,  at  such  time  and  place  as  they  deem  advisable; 
provided,  that  the  state,  shall  in  no  event,  be  liable  for  any  premium 
offered  or  award  made,  or  on  account  of  any  premium  offered  or  award 
made,  or  on  account  of  any  contract  made  by  any  district  board  of  agri- 
culture or  agricultural  association;  provided  however,  that  any  such 
agricultural  association  having  a  speedway  or  race  course  upon  any  lands 
owned  by  it,  or  under  its  control,  shall  maintain  the  same  for  the  pur- 
pose of  holding  speed  contests  and  training  and  speeding  horses  thereon. 

Advances  from  state  association. 

§  8.  "Whenever  such  association  shall  have  been  formed  within 
any  of  the   districts   provided  for,  and  it   is   proposed   to   hold    an   agri- 


15  AGRICULTURE.  Acts  69,  70 

cultural  fair  in  said  district,  the  secretary  of  the  board  of  directors  of 
the  district,  shall  notify  the  state  board  of  agriculture  of  the  said  in- 
tention, and  shall  also  forward  to  the  board  of  agriculture  a  list  of  the 
articles  upon  which  premiums  are  to  be  paid  and  the  amount  upon  each 
item,  and  the  said  board  shall  have  the  power  to  advance  to  said  associa- 
tion a  sum  not  exceeding  five  thousand  dollars  ($5,000)  to  pay  said  pre- 
miums out  of  any  money  that  may  have  been  appropriated  to  the  said 
state  agricultural  society  for  that  purpose,  and  which  may  at  the  time  be 
available;  provided,  however,  that  no  one  district  shall  receive  such  aid 
for  more  than  one  fair  in  any  one  year. 

State  aid. 

§  9.  The  fairs  or  exhibitions  to  be  given  by  the  district  agricultural 
association  shall  be  held  at  such  place  or  places  within  such  districts,  as 
the  board  of  directors  of  the  said  district  may  select.  But  only  one  of 
such  district  fairs  shall  receive  state  aid  in  any  district  during  any 
given  year,  and  the  money  provided  by  the  state  as  premium  money  shall 
be  applied  to  exhibits  at  this  one  fair;  provided  however,  whenever  the 
board  of  directors  of  two  or  more  agricultural  districts  shall,  by  a  major- 
ity vote  of  each  board,  elect  to  unite,  the  several  districts  may  associate 
and  combine  as  one  district,  and  hold  a  fair  in  any  of  said  districts  that 
may  be  agreed  on  by  the  board  of  directors  of  said  associations  so  com- 
bining, and  may  for  such  purpose  draw  the  appropriation  for  all  the  said 
districts,  and  expend  the  same  for  said  fair. 

Reports  to  state  association. 

§  10.  The  directors  of  such  agricultural  district  herein  created  shall 
each  year  make  a  full  and  complete  report  of  all  transactions  of  the  said 
association  to  the  state  board  of  agriculture. 

§  11.  All  acts  or  parts  of  acts  in  conflict  with  this  act  are  hereby 
repealed. 

§  12.  This  act  shall  take  effect  immediately  from  and  after  its  pas- 
sage. 

ACT  69. 

To  form  agricultural  districts,  etc.     [Stats.  1880,  p.  62.] 
Amended  1883,  p.  30;  1885,  pp.  39,  126;   1887,  p.  80;  1889,  p.  78;  and  partly, 
if  not  wholly,  repealed  by  1891,  p.  138;   1895,  p.   14. 
Citations.     Cal.  151/799,  801;  154/121. 

ACT  70. 

To  form  agricultural  districts,  and  provide  for  the  management  and  con- 
trol of  the  same.     [Stats.  1891,  p.  138.] 
Amended  1893,  p.  282;   1895,  pp.  14,  100. 
Citations.     Cal.  151/804;   154/124. 


Acts  71-74  GENERAL  LAWS.  16 

ACT  71. 

Tor    the    encouragement    of    agricultural    and    other    industries.     [Stats. 
1871-72,  p.  442.] 

Probably  repealed  by  Statutes  of  1880,  p.  49,  and  18S0,  p.  62. 

Citations.     Cal.  151/799. 

ACT  72. 

Encouragement  of  agriculture.     [Stats.   1877-78,  p.  332.] 


by  1880,  pp.  49,   62;    1897,  p.   304. 
This  act  authorized  appropriations  for  certain  societies. 
Citations.     Cal.  151/799. 

ACT  73. 

For  the  better  protection  of  fruit  trees  and  vines.     [Stats.  1880,  p.  36.] 
Superseded  1897,  p.  244. 
Citations.     Cal.  151/801. 

ACT  74. 

An  act  to  prevent  the  propagation  by  the  production  of  seed,  of  that 
certain  plant  known  as  Sorghum  halepense,  otherwise  known  as 
Johnson  grass. 

[Approved  March  20,  1903.     Stats.  1903,  p.  337.     Amended  1907,  p.  876.] 

§  1.  It  shall  be  unlawful  for  any  person  owning,  controlling,  leasing, 
or  possessing  land  in  the  state  of  California  to  knowingly  permit  that 
certain  grass  known  as  Sorghum  halepense,  otherwise  known  as  .John- 
son grass,  Cnicus  arvensis,  otherwise  known  as  Canadian  thistle,  Salsoli 
kali,  otherwise  known  as  Kussian  thistle,  and  Onopordon  acanthium, 
otherwise  known  as  Scotch  thistle,  and  Cnicus  lanceolatus,  otherwise 
known  as  bull  thistle,  to  mature  and  disseminate  its  seed  on  land  so 
owned,  leased  or  possessed  by  such  person. 

[Amendment  approved  March  22,   1907.      Stats.   1907,   p.   876.     In  effect   from 

and  after  its  passage.] 

§2.  It  shall  be  unlawful  for  any  person  knowingly  to  sow  or  dis- 
seminate or  cause  to  be  sown  or  disseminated,  any  seed  of  Sorghum  hale- 
pense, otherwise  known  as  Johnson  grass,  Cnicus  arvensis,  otherwise 
known  as  Canadian  thistle,  Salsoli  kali,  otherwise  known  as  Russian 
thistle,  and  Onopordon  acanthium,  otherwise  known  as  Scotch  thistle, 
and  Cnicus  lanceolatus,  otherwise  known  as  bull  thistle,  upon  any  land 
owned  or  possessed  by  another. 

[Amendment  approved  March  22,   1907,     Stats.   1907,  p.   877.     In  effect  from 

and  after  its  passage.] 

§  3.  It  shall  be  unlawful  for  any  person  to  knowingly  sow,  dis- 
seminate, or  cause  or  permit  to  be  disseminated  any  seed  of  Sorghum 
halepense,  otherwise  known  as  Johnson  grass,  Cnicus  arvensis,  otherwise 
known  as  Canadian  thistle,  Salsoli  kali,  otherwise  known  as  Russian 
thistle,  and  Onopordon  acanthium,  otherwise  known  as   Scotch   thistle. 


17  ALAMEDA  CITY.  Acts  75-80 

and  Cnicus  lanccolatus,  otherwise  known  as  bull  thistle,  over  or  along 
any  roadway,  highway,  or  right  of  way  for  ditch  purposes,  adjacent  to 
premises  owned  or  possessed  by  him. 

[Amendment   approved  March  22,   1907.      Stats.   1907,   p.   877.     In   effect  from 
and  after  its  passage.] 

§  4.  Any  person  upon  being  duly  convicted  of  a  violation  of  any  of 
the  preceding  sections  of  this  act,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  may  be  fined  in  a  sum  not  exceeding  one  hundred  dollars, 
or  by  imprisonment  in  the  county  jail,  for  a  term  not  exceeding  three 
months. 

§5.     This  act  shall  take  effect  immediately  from  and  after  its  passage. 

ACT  75. 

An  act  authorizing  district  agricultuMl  associations  organized  under  the 
laws  of  the  state  of  California,  to  lease  lands  owned,  managed  or 
controlled,  in  trust  or  otherwise,  to  municipal  corporations,  counties 
or  cities  and  counties,  in  which  such  lands  are  situated,  and  repeal- 
ing all  acts  and  parts  of  acts  in  conflict  herewith. 

[Approved  April  22,  1909.     Stats.  1909,  p.  1082.J 

§  1.  Any  district  agricultural  association  organized,  or  hereafter  or- 
ganized under  the  laws  of  the  state  of  California,  is  hereby  authorized 
and  empowered  to  lease  lands  owned,  managed  or  controlled  by  said 
association,  whether  in  trust  or  otherwise,  not  needed  for  the  perma- 
nent use  of  said  association,  to  any  municipal  corporation,  county,  or 
city  and  county,  in  which  said  lands  are  located,  for  a  period  not  to 
exceed  fifty  years,  for  purposes  not  inconsistent  with  the  objects  and 
purposes  for  which  said  association  is  formed  and  for  which  said  lands 
are  held,  owned,  or  controlled  by  it, 

§  2.  All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby 
repealed. 

§  3.     This  act  shall  take  effect  immediately. 

TITLE  11. 

ALAMEDA  CITY. 
ACT  79. 

Opening  streets  in.     [Stats.   1875-76,   p.   424.] 
Repealed  1877-78,  p.  964. 

ACT  80. 

Streets  in.     [Stats.  1873-74,  p.  795.] 
This  act  related  to  Park  Street,   Santa   Clara  Avenue,  Railroad  Avenue,  EuenB 
Vista  Avenue,  and  Third  Avenue. 
Gen.  Laws — 2 


Acts  81-94  GENERAL  LAWS.  18 

ACT  81. 

In  relation  to  certain   streets  in.     [Stats.  1877-78,  p.  964.] 
This  act  related  to  the  following  streets:    Santa  Clara  Avenue.  Railroad  Avenue, 

Versailles    Avenue,    Pearl    Street,    Broadway,    Clintoa   Avenue,    Bay    Avenue,    aud 

San   Jose   Avenue. 

Citations.      Cal.  70/86. 

ACT  82. 

To  provide  funds  for  school  department  of.     [Stats.  1877-78,  p.  599.] 

ACT  83. 

Act  to  incorporate.     [Stats.  1871-72,  p.  276.] 
Amended  and  supplemented   1874,   p.   448;    1876,   p.    367.     Repealed   1877-78, 
p.  89. 

ACT  84. 

Incorporating.     [Stats.  1877-78,  p.  89.] 
Superseded  by  incorporating,  in  1884,  under  the  Municipal  Corporation  Act  of 
1883. 

TITLE  12. 
ALAMEDA  COUNTY. 
ACT  89. 

Officers  of,  salaries..     [Stats.   1873-74,  p.   185.] 
Amended     1875-76,    p.     166.     Repealed    by    County    Government    Act,     1897, 
p.  501,   §  160. 

ACT  90. 

Fixing  salaries  of  certain  officers  of.     [Stats.   1871-72,  p.   720.] 
Repealed  by  County  Government  Act,   1897,  p.  501,   §  160. 

This  act  fixed  the  salaries  of  the  treasurer,  the  county  recorder  and  deputy,  the 
county  clerk  and  deputies,  and  the  district  attorney. 

ACT  91. 

County   assessor,   abolishing   office   of,   and   creating   township   assessors. 
[Stats.  1873-74,  p.  90.] 
Repealed  by  County  Government  Act,   1897,  p.  452. 

ACT  92. 

Constables,  duties  of.     [Stats.  1877-78,  p.  105.] 
Superseded  by  County  Government  Act,  1897,  p.  492,   §§  153,  154. 

ACT  93. 

County  clerk  to  employ  additional  deputies.     [Stats.  1875-76,  p,  365.] 
Repealed  by  County  Government  Act,   1897,  p.  452. 

ACT  94. 

To  provide  an  additional  judge  for.     [Stats.  1881,  p.  20.] 


19  ALAMEDA  COUNTY.  Acts  95-104 

ACT  95. 

Providing  for  one  additional  judge  for.     [Stats.   1893,  p.  3.] 
Citations.      Cal.  104/235,  236. 

ACT  96. 

To  provide  one  additional  judge  for.     [Stats.  1901,  p.  295.] 

ACT  96a. 

An  act  to  provide  one  additional  judge  of  the  superior  court  of  the 
county  of  Alameda.  [Approved  April  6,  1909.  Stats.  1909,  p. 
799.] 

ACT  97. 

Road  overseers,  fixing  compensation  of,  and  relating  to  road  and  poll  tax. 
[Stats.  1877-78,  p.  109.] 
Superseded  by  Political   Code,    §  2652,   as   amended   1801,   p.   478,   and   County 
Government  Act,  1897,  p.  452. 

ACT  98. 

Salary    of    road    overseer    of    Brooklvn    road    district.     [Stats.    1877-78, 

p.  251.] 

Repealed  by  Political  Code,   §  26'12,  as  amended  1891,  abolishing  the  office. 

ACT  99. 

Relative  to  the  powers  and  duties  of  the  sheriff  of  in  the  matter  of  at- 
tachments in  said  county.     [Stats.   1877-78,  p.   922.] 
Modified  by  County  Government  Act,  1897,  p.  501,  §  160. 

ACT  100. 

Fixing  the  compensation  of  sheriffs,   deputy  sheriffs,  and  county  jailers 
of.     [Stats.  1877-78,  p.  950.] 
Repealed  by  County  Government  Act,  1897,  p.  501,  §  160. 

ACT  101. 

Deputy  sheriff  of,  fixing  compensation  of.     [Stats.  1873-74,  p.  601.] 
Repealed  1897,  p.  501,   §  160. 

ACT  102. 

Supervisors,  to   fix  the  pay  of.     [Stats.   1877-78,  p.   736.] 
Repealed  by  County  Government  Act,  1897,  p.  501,  §  160. 

ACT  103. 

Supervisors  to  establish  a  receiving  hospital  in  Oakland.     [Stats.  1877- 

78,  p.  040.] 
ACT  104. 

Giving    supervisors    control    of   bridge    across    estuary    of    San    Antonio. 
[Stats.  1877-78,  p.  3.] 


Acts  105-117  GENERAL  LAWS.  20 

ACT  105. 

Executions   from   justice's   courts.     [Stats.    1877-78,   p.   106.] 

Repealed   1880,   p.  19. 

ACT  106. 

Fees,  regulation  of.     [Stats.   1875-76,  p.   127.] 
Repealed  by  fee  bill  (1895,  p.  267)  as  to  officers  therein  named. 

ACT  107. 

Collection  of  licenses  in.     [Stats.  1877-78,  p.  255.] 
Repealed  by  County  Government  Act,  1897,  p.  473,   §  55. 

ACT  108. 

Eatifying  and  coniiiming  a  resolution  of  the  supervisors  granting  certain 
rights  and  privileges  to  the  Berkeley  Horse  Eailroad  Company. 
[Stats.   1877-78,  p.   136.] 

ACT  109. 

Transfer  of  school  moneys  to  and  from  the  state  treasury  by.     [Stats. 
1877-78,   p.    170.] 
Repealed  by  County  Government  Act,  1897,  p.  572,   §  215. 

ACT  110. 

Eoad  tax  in  Oakland.     [Stats.   1871-72,  p.   4.] 
Superseded. 

"Road  taxes  can  no  longer  be  levied  within  municipal  corporations.  (County 
Government  Act,  1897,  p.  466;  Miller  v.  County  of  Kern,  24  Cal.  Dec.  478.)" 
— Code  Commissioner's  Note. 

This  act  provided  that  the  road  tax  of  the  county  of  Al-meda  collected  within 
the  city  of  Oakland  should  be  paid  to  the  city  treasury  and  become  part  of  the 
street  fund  of  the  city. 

ACT  111. 

To  encourage   destruction  of  gophers  and  squirrels  in.     [Stats.   1871-72, 
p.  432.] 
Superseded  by  subd.  26,   §  25,  County  Government  Act,   1897,  p.  465. 

ACT  112. 

Squirrel  nuisance,  abatement  of.     [Stats.  1873-74,  p.  321.] 
Amended  1875-76,  p.  338. 
This  act  applied  to  Contra  Costa  and  Alameda  counties. 

TITLE   13. 
ALAMEDA  CEEEK. 
ACT  117. 

Declaring  navigable,  and  providing  for  the  removal  of  obstructions  there- 
in.    [Stats.  1873-74,  p.  308.] 
Superseded  \>j  Political  Code,  $  2349,  as  amended  1891. 


21  ALIENS.  Acts  122-127 

TITLE  14. 

ALIENS. 
ACT  122. 

To    prohibit   the   issuance   of   licenses   to    aliens  not   eligible   to  become 
electors  of  the  state  of  California.     [Stats.   1880,   p.   3D.] 
"Unconstitutional.      (People  v.  Qnong  On  Long,  6  Pac.  C.  L.  J.,   192;   see  Pol. 
Code,   §  3666,  as  amended  1901,  p.  635.)" — Code  Commissioners'  Note. 

ACT  123. 

To  provide  for  indexing  the  names  of  persons  who  have   declared  their 

intention    to   become   or   who    have   become    citizens    of    the   United 

States,   in   the    several   courts   of   record   in    this   state.     [Approved 

February  8,  1872.     Stats.  1871-72,  p.  80.] 

"Section  1  probably  in  force,  section  2  superseded  by  fee  bill  of  1895,  p.  267." 
— Code  Commissioner's  Note. 

ACT  124. 

Eelative    to    escheated    estates.     [Stats.    1856,    p.    137.] 
Superseded  by  Civil  Code,   §§  671,  672. 

This  act  provided  that  aliens  might  inherit  the  same  as  native  born,  but  they 
must  claim  the  property  in  five  years. 

ACT  125. 

Prohibiting  aliens  from  fishing  in  the  waters  of  the  state.     [Stats.  1880, 
p.  123.] 
Unconstitutional:   In  re  Ah  Chong,  5  Pac.  C.  L.  J.  451. 

ACT  126. 

Eelating  to  the  appointment  of  aliens  to  office.     [Stats.  1880,  p.  23.] 

This  act  forbade   the  appointment  of  aliens  to   office.     It  was  probably   super- 
seded by  the  following  act: 

ACT  127. 

An  act  to  secure  to  native-born  and  naturalized  citizens  of  the  United 
States  the  exclusive  right  to  be  employed  in  any  department  of  the 
state,  county,  city  and  county,  or  incorporated  city  or  town  govern- 
ment in  this  state. 

[Approved  March  23,  1901;  Stats.  1901,  p.  589.] 

§  1.     No    person,    except   a   native-born   or   naturalized    citizen   of  the 

United  States,  shall  be  employed  in  any  department  of  the  state,  county, 
city  and  county,  or  incorporated  city  or  town  government  in  this  state. 

§  2.  It  shall  be  unlawful  for  any  person,  whether  elected,  appointed 
or  commissioned  to  fill  any  office  in  either  the  state,  county,  city  and 
county,  or  incorporated  city  or  town  government  of  this  state,  or  in 
any  department  thereof,  to  appoint  or  employ  any  person  to  perform  any 
duties  whatsoever,  except  such  person  be  a  native-born  or  naturalized 
citizen  of  the  United  States. 


Acts  132-146  GENERAL  LAWS.  22 

§  3.  No  money  shall  be  paid  out  of  the  state  treasury,  or  out  of  the 
treasury  of  any  county,  or  city  and  county,  or  incorporated  city  or 
town,  to  any  person  employed  in  any  of  the  offices  mentioned  in  section 
.2  of  this  act,  except  such  person  shall  be  a  native-born  or  naturalized 
citizen  of  the  United  States. 

§  4.     This  act  shall  take  effect  immediately. 

TITLE  15. 

ALPINE    COUNTY. 
ACT  132. 

Providing  for  payment  of  salaries  and  fees  of  officers  of.     [Stats.  1871- 
72,  p.  703.] 
Repealed  by  County  Government  Act,  1897,  p.  574,  §  219. 

ACT  133. 

Traveling  fees  of  sheriffs  of.     [Stats.  1873-74,  p.  236.] 
Amended    1877-78,   p.    372.     Repealed  by   County   Government    Act,    1897,   pp. 
571,  572,   §§  214,  215. 

ACT  134. 

Treasurer  of,  bond  of.     [Stats.  1875-76,  p.  140.] 
Repealed  by  County  Government  Act,  1897,  p.  475,   §  66. 
Citations.      Cal.  54/536,  537,  538,  539. 

ACT  135. 

Tax  for  payment  of  grand  and  trial  jurors  in.     [Stats.  1877-78,  p.  215.] 
Superseded  by  subds.  12  and  18,   §  25,  County  Government  Act,  1897,  pp.  460, 
463. 

ACT  136. 

Extending  time  for  selling  property  for  delinquent  taxes.     [Stats.  1875- 
76,  p.  389.] 
Repealed  1877-78,  p.  783. 

TITLE  16. 
ALVISO  CITY. 
ACT  141. 

To  incorporate  the  town  of  Alviso.     [Stats.  1852,  p.  222.] 

TITLE  17. 
AMADOE  CITY. 
ACT  146. 

Hogs  and  goats  running  at  large  in.     [Stats.  1873-74,  p.  905.] 
Repealed  1897,  p.  198. 


23  AMADOR  COUNTY.  Acts  151-163 

TITLE  18. 
AMADOR  COUNTY. 
ACT  151. 

Salaries  and  compensation  of  officers  of.     [Stats.  1875-76,  p.  370.] 
Repealed  by  County  Government  Act,   1897,  p.   548,  §  189. 

ACT  152. 

Supervisors,  act  in  relation  to.     [Stats.  1873-74,  p.  443.] 
Repealed  by  County  Government  Act,   1897,  pp.  453,  492,  §§  10,  157. 

ACT  153. 

Eevenue  of.     [Stats.  1873-74,  p.  446.] 
Superseded  by  subds.  12  and  18,   §  25,  County  Government  Act,  1897,  pp.  460, 
463. 

ACT  154. 

Supervisors  authorized  to  levy  an  additional  tax.     [Stats.  1871-72,  p.  172.] 
Superseded  by  the  general  powers  given  by  the  County  Government  Acts. 

ACT  155. 

Providing  for  the   payment  by,   to   Calaveras   County,   of  interest   on   a 

certain  indebtedness;  supplementing  act  of  March  31,  1866.     [Stats. 

1871-72,  p.  698.] 

ACT  156. 

To  provide  for  the  location,  construction  and  maintenance  of  roads  in. 
[Stats.  1877-78,  p.  703.] 
Repealed  1883,  p.  5,  c.  X,   §  2. 

ACT  157. 

Authorizing  supervisors  to  declare  the  portion  of  Amador  and  Nevada 

wagon  road  which  lies  in  Amador  county  a  toll-ioad.     [Stats.  1877- 

78,  p.  963.] 

ACT  158. 

To  prevent  trespassing  of  goats  on  inclosed  lands  in.     [Stats.  1877-78, 
p.  536.] 

TITLE  19. 

AMERICAN  WATER  AND  MINING  COMPANY. 
ACT  163. 

Authorizing  American  Water  and  Mining  Company  to  extend  its  works. 
[Stats.  1860,  p.  155.] 
Amended  1871-72,  p.  471. 


Acts  168-178  GENERAL  LAWS.  2« 

TITLE  20. 

ANAHEIM. 
ACT  168. 

Incorporation  of.     [Stats.  1877-78,  p.  309.] 
Superseded  by  incorporating,  in  1888,  under  Municipal  Corporation  Act  of  1883, 

ACT  169. 

Legalizing  incorporation  of.     [Stats.  1877-78,  p.  27.] 
Superseded  by  incorporating,  in  1888,  under  the  Municipal  Corporation  Act  of 
1883. 

TITLE  21. 

ANATOMY. 
ACT  174. 

To  provide  for  the  study  of  anatomy.     [Stats.  18G3--G4,  p.  321.] 
It  was  superseded  by  Political  Code,   §§  3093-3095. 

TITLE  22. 

ANIMALS. 
See  "Cruelty  to  Animals,"  post;  "Estrays,"  post. 

ACT  177. 

An  act  providing  for  the  extermination  of  the  Boophilus  annulatus  tick, 
defiuing  certain  crimes  and  providing  for  certain  civil  and  criminal 
actions.     [Approved  March  21,  1907.     Stats.  1907,  p.  763.] 
Amended  1909,  p.  55. 
This   act  prevented  the   sale  of  cattle  or  other  livestock  infested  with  the  Boo- 
philus annulatus  tick. 

ACT  178. 

An  act  to  prevent  the  spread  of  contagious  diseases  among  animals. 
[Approved  March   20,   1905.     Stats.   1905,   p.   317.] 

§  1.  Any  person  having  the  care,  custody  or  control  of  any  animal 
that  dies  from  tuberculosis,  glanders,  farcy,  Texas  fever,  or  other  in- 
fectious disease,  shall  immediately  upon  the  death  of  such  animal  cremate 
or  bury  the  same,  or  cause  the  same  to  be  cremated  or  buried. 

§2.  Any  common  carrier  of  persons  or  freight  that  shall  transport 
any  animal  suffering  with  or  that  has  died  from  the  diseases,  or  any  of 
them,  mentioned  in  section  1  of  this  act  a  greater  distance  than  is  neces- 
sary to  transport  such  animal  to  the  nearest  crematory,  shall  be  deemed 
guilty  of  a  misdemeanor. 

§  3.  No  animal  that  has  died  of  any  of  the  diseases  named  in  section 
1  of  this  act,  shall  be  sold,  used  or  permitted  to  be  used  for  the  food 
of  human  beings  or  sold,  used  or  permitted  to  be  used  for  the  food  of 
any  domestic  animal  or  fowl. 


25  ANIMALS.  Acts  179-183 

§4.  Any  person,  firm  or  corporation  that  shall  violate  any  of  the  pro- 
visions of  this  act  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
a  conviction  thereof  shall  be  punished  by  a  fine  of  not  less  than  $50 
and  not  more  than  $500,  or  by  imprisonment  in  the  county  jail  for  a 
term  not  exceeding  180  days,  or  by  both  such  fine  and  imprisonment. 

§  5.     This  act  shall  take  effect  immediately. 

See,  also,  act  of  1905,  p.  423,  and  Penal  Code,  §  402d. 

ACT  179. 

To    prevent    the    spread    of    contagious    and    infectious    diseases    among 
domestic  animals.     [Stats.  1893,  p.  302.] 
Codified  by  §  402d,  Penal  Code. 

ACT  180. 

To  protect  domestic  livestock  from  contagious  and  infectious  diseases,  to 

provide   for   the   appointment   and    duties   of   officials    to    carry   into 

effect   the   provisions   of   this   act,   and   to   provide   an   appropriation 

therefor.     [Stats.  1899,  p.   129.] 

Amended  1905,  p.  423;   1907,  p.  932;   1909,  p.  431. 

This  act  created  the  oiRca  of  state  veterinarian,  and  prescribed  his  powers  and 
duties. 

ACT  180a. 

An  act  authorizing  the  state  veterinarian  to  employ  during  the  balance 
of  the  sixtieth,  and  throughout  the  sixty-first  and  sixty-second  fiscal 
years  such  inspectors  as  he  may  deem  necessary  to  inspect  and  super- 
vise the  dipping  of  sheep  infected  with  a  disease  known  as  scabies; 
providing  for  the  compensation  and  expenses  of  said  inspectors,  and 
making  an  appropriation  therefor.  [Approved  March  10,  1909. 
Stats.  1909,  p.  278.] 

ACT  181. 

To   protect  sheep  and   Cashmere  and  Angora  goats  against  ravages  of 
dogs.      [Stats.   1865-66,  p.   225.] 
Superseded  in  part  by  Civil  Code,   §  3341,  and  probably  not  in  force. 

ACT  182. 

Providing  for  the  retention  of  the  hides  of  slaughtered  cattle  in  certain 
counties.     [Stats.   1863,   p.   359.] 
Amended    1863-64,    p.    261.     Probably    superseded   by   Political    Code,    §  3185, 
and  act  of  1893,   p.   235. 

This   act   applied  to   the   counties   of   Santa   Clara,   San  Diego,    San  Bernardino, 
San  Luis  Obispo,  Contra  Costa,  San  Mateo,  Alameda,  Santa  Barbara,  and  Marin. 

ACT  183. 

For  the  better  protection  of  stock-raisers  in  Fresno,  Tulare,  Monterey, 
and  Mariposa  counties.     [Stats.  1865-66,  p.  322.] 
See  1893,  p.  235. 


Acts  184-189  GENERAL  LAWS.  26 

This  act  required  hides  of  cattle  to  be  kept  fifteen  days,  and  made  provisions 
as  to  branding  of  calves,  and  required  records  to  be  kept  of  slaughtered  animals. 
It  was  continued  in  force  by  Political  Code,  §  19,  and  Penal  Code,  §  23. 

ACT  184. 

Eegulating  the  disposition  of  the  hides  of  cattle  killed  or  slaughtered  in 
the  state.      [Stats.  1893,  p.  235.] 
This  act  provided  for  the  retention  and  inspection  of  the  hides. 

ACT  185. 

To  encourage  the  destruction  of  wild  animals  in  the  different  counties  of 
the  state,  and  authorizing  the  board  of  supervisors  of  each  of  said 
counties  to  fix  and  determine  the  bounty  for  the  destruction  of  the 
same.     [Approved  March  15,  1883.     Stats.  1883,  p.  368.] 
Superseded  by  subd.  26,    §  25,  County  Government  Act,  1897,  p.  465. 
Citations.     Cal.  65/563,  564. 

ACT  186. 

Destruction  of  squirrels  and  gophers.     [Stats.  1869-70,  p.  316.] 
Amended    1871-72,    p.    474;    1871-72,    p.    532.      It   was    repealed    as    to    certain 
counties  by  Stats.  1871-72,  p.  18;   Stats.  1871-72,  p.  834;   and  Stats.   1875-76, 
p.  513. 

It  applied  to  Alameda,  Contra  Costa,  Fresno,  Stanislaus,  Merced,  San  Joaquin, 
and  Yolo  counties.  It  was  repealed  as  to  Stanislaus  County  by  act  of  1875-76, 
p.  513;  as  to  Alameda  County  by  act  of  1871-72,  p.  18;  amended  as  to  Contra 
Costa  County  by  the  act  of   1871-72,  p.  834. 

Superseded  by  subd.  26,  §  25,  County  Government  Act,  1897,  p.  465. 

ACT  187. 

Squirrels,  destruction  of.     [Stats.  1875-76,  p.  143.] 
Amended   1875-76,   p.   637,   and   made   applicable  to   San  Luis   Obispo.      Super- 
seded by  subd.  26,   §  25,  County  Government  Act,  1897,  p.  465. 

This  act  related  to  Stanislaus,  Santa  Cruz,  San  Joaquin,  Merced,  Fresno,  San 
Benito,  Tulare,  Sau  Mateo,  Santa  Clara,  Monterey,  and  Kern  counties. 

ACT  188. 

To  encourage  destruction  of  squirrels,  gophers  or  other  wild  animals,  in 
counties  of  Los  Angeles,  Napa,  Merced,  San  Bernardino,  and  Santa 
Cruz.     [Stats.  1871-72,  p.  92.] 

Repealed  as  to  Los  Angeles,  1873-74,  p.  34;  as  to  Santa  Cruz,  1873-74,  p.  129; 
as  to  San  Bernardino,  1873-74,  p.  691;  as  to  Napa,  1877-78,  p.  569;  in  toto, 
1880,  p.  108. 

ACT  189. 

Destruction   of  certain  wild  animals.     [Stats.   1875-76,  p.   533.] 

Repealed   1877-78,   p.   2. 

This  act  provided  for  bounties  for  the  destruction  of  certain  wild  animals  in 
the  counties  of  Mendocino,  Del  Norte,  Humboldt,  Placer,  Lake,  San  Luis  Obispo, 
and  Colusa. 


27  ANTIOCH— APPRENTICES.  Acts  190-212 

ACT  190. 

To  prevent  the  stealing  of  dogs.     [Stats.  1860,  p.  70.] 
Superseded  by  Penal  Code. 

ACT  191. 

To  prevent  combinations  to  obstruct  the  sale  of  livestock.     [Stats.  1893, 
p.  30.] 
This  act  is  set  forth  at  length  in  Appendix,  Civil  Code,  p.  1853. 

ACT  192. 

To   prevent   tampering  •with   animals   and   to   prevent   the   giving  or  ad- 
ministering of  poison  or  drugs  to  horses,  cattle,   dogs,   animals   and 
other  livestock  except  for  medicinal  purposes,  and  making  the  same 
a  misdemeanor.      [Stats.  1901,  p.  553.] 
This  act  appears  in  full  in  Appendix,  Penal  Code,  p.  200i. 

TITLE  23. 

ANTIOCH. 
ACT  197. 

Defining  boundaries   of.     [Stats.   1871-72,  p.   725.] 
Superseded  by  incorporating  the  town  in  1890  under  the  Municipal  Corporation 
Act  of  1883. 

TITLE  24. 
ANTONIO  CREEK. 
ACT  202. 

To  declare  Antonio   Creek,  in  Contra  Costa  County,  navigable.     [Stats. 
1852,  p.  182.] 
Incorporated  in  Political  Code,   §  2349. 
Citations.     Cal.  118/181. 

TITLE  25. 
ANTWEEP  MESSENGER. 
ACT  207. 

For  the  protection  of  the  Antwerp  messenger  or  homing  pigeon.     [Stats. 
1897,  p.  37.] 
Codified  by  §  598a,  Penal  Code. 

APIARIES. 
See  post,  "Bee  Culture." 

TITLE  26. 

APPRENTICES, 
ACT  212. 

Apprentices  and  masters,  act  relative  to.     [Stats.  1875-76,  p.  842.] 
Amended  1880,  p.  28. 
Codified  by   §§264  et  seq.,  Civil  Code. 


Acts  213-219  GENERAL  LAWS.  28 

ACT  213. 

To  provide  for  binding  minors  as  apprentices,  clerks,  or  servants.     [Stats. 
1858,  p.  134.] 
Superseded  by  Civil  Code,  §§  2G4  et  seq. 

ACT  214. 

To  autliorize  the  managers  of  the  San  Francisco  Orphan  Asylum  or  any 
other   orphan   asylum   to   bind   as   apprentices,   clerks,   and   servants, 
orphan  or  half-orphan  children  under  their  care  and  tuition.     [Stats. 
1860,  p.  37.] 
Supp.   18G9-70,  p.   334. 

TITLE  27. 
ARBITEATION. 
ACT  219. 

An  act  to  provide  for  a  state  board  of  arbitration  for  the  settlement  of 
differences  between  employers  and  employees,  to  define  the  duties  of 
said  board,  and  to  appropriate  the  sum  of  twenty-five  hundred  dollars 
therefor. 

[Approved  March  10,  1S91.     Stats.  1891,  p.  49.] 

§  1.  On  or  before  the  first  day  of  May  of  each  year,  the  governor 
of  the  state  shall  appoint  three  competent  persons  to  serve  as  a  state 
board  of  arbitration  and  conciliation.  One  shall  represent  the  em- 
ployers of  labor,  one  shall  represent  labor  employees,  and  the  third  mem- 
ber shall  represent  neither,  and  shall  be  chairman  of  the  board.  They 
shall  hold  office  for  one  year  and  until  their  successors  are  appointed  and 
qualified.  If  a  vacancy  occurs,  as  soon  as  possible  thereafter  the  gov- 
ernor shall  appoint  some  one  to  serve  the  unexpired  term;  provided,  how- 
ever, that  when  the  parties  to  any  controversy  or  difl'erence,  as  provided 
in  section  2  of  this  act,  do  not  desire  to  submit  their  controversy  to 
the  state  board,  they  may  by  agreement  each  choose  one  person,  and  the 
two  shall  choose  a  third,  who  shall  be  chairman  and  umpire,  and  the 
three  shall  constitute  a  board  of  arbitration  and  conciliation  for  the 
special  controversy  submitted  to  it,  and  slial!  for  that  purpose  have  the 
same  powers  as  the  state  board.  The  members  of  the  said  board  or 
boards,  before  entering  upon  the  duties  of  their  office,  shall  be  sworn  to 
faithfully  discharge  the  duties  thereof.  They  shall  adopt  such  rules  of 
procedure  as  they  may  deem  best  to  carry  out  the  provisions  of  this  act. 

§2.  Whenever  any  controversy  or  difference  exists  between  an  em- 
ployer, whether  an  individual,  copartnership,  or  corporation,  which,  if 
not  arbitrated,  would  involve  a  strike  or  lockout,  and  his  employees,  the 
board  shall,  upon  application,  as  hereinafter  provided,  and  as  soon  as 
practicable  thereafter,  visit,  if  necessary,  the  locality  of  the  dispute  and 
make  careful  inquiry  into  the  cause  thereof,  hear  all  persons  interested 
therein  who  may  come  before  them,  advise  the  respective  parties  what, 
if   anything,   ought   to   be   done   or   submitted   to   by   either,   or  both,   to 


29  ARBITRATION.  Act  219.  §§3-8 

adjust  said  dispute  and  make  a  written  decision  thereof.  This  decision 
shall  at  once  be  made  public,  and  shall  be  recorded  upon  proper  books  of 
record  to  be  kept  by  the  board. 

§3.  Said  application  shall  be  signed  by  said  employer,  or  by  a 
majority  of  his  employees  in  the  department  of  the  business  in  which 
the  controversy  or  difference  exists,  or  their  duly  authorized  agent,  or  by 
both  parties,  and  shall  contain  a  concise  statement  of  the  grievances 
complained  of,  and  a  promise  to  continue  on  in  business  or  at  work,  with- 
out any  lockout  or  strike,  until  the  decision  of  said  board,  which  must, 
if  possible,  be  made  within  three  weeks  of  the  date  of  filing  the  applica- 
tion. Immediately  upon  receipt  of  said  application,  the  chairman  of  said 
board  shall  cause  public  notice  to  be  given  of  the  time  and  place  for 
hearing.  Should  the  petitioners  fail  to  keep  the  promise  made  therein, 
the  board  shall  proceed  no  further  thereupon  without  the  written  con- 
sent of  the  adverse  party.  And  the  party  violating  the  contract  shall 
pay  the  extra  cost  of  the  board  entailed  thereby.  The  board  may  then 
reopen  the  case  and  proceed  to  the  final  arbitration  thereof  as  provided 
in  section  2  hereof. 

§4.  The  decision  rendered  by  the  board  shall  be  binding  upon  the 
parties  who  join  in  the  application  for  six  months,  or  until  either  party 
has  given  the  other  a  written  notice  of  his  intention  not  to  be  further 
bound  by  the  conditions  thereof  after  the  expiration  of  sixty  days  or  any 
time  agreed  upon  by  the  parties,  which  agreement  shall  be  entered  as  a 
part  of  the  decision.  Said  notice  may  be  given  to  the  employees  by  post- 
ing a  notice  thereof  in  three  conspicuous  places  in  the  shop  or  factory 
where  they  work. 

§  5.  Both  employers  and  employees  shall  have  the  right  at  any  time 
to  submit  to  the  board  complaints  or  grievances  and  ask  for  an  investiga- 
tion thereof.  The  board  shall  decide  whether  the  complaint  is  entitled  to 
a  public  investigation,  and  if  they  decide  in  the  affirmative,  they  shall 
proceed  to  hear  testimony,  after  giving  notice  to  all  parties  concerned, 
and  publish  the  result  of  their  investigations  as  soon  as  possible  there- 
after. 

§  6.  The  arbitrators  hereby  created  shall  be  paid  five  dollars  per  day 
for  each  day  of  actual  service,  and  also  their  necessary  traveling  and 
other  expenses  incident  to  the  duties  of  their  office  shall  be  paid  out  of 
the  state  treasury;  but  the  expenses  and  salaries  hereby  authorized  shall 
not  exceed  the  sum  of  twentj^-five  hundred  dollars  for  the  two  years. 

§7.  The  sum  of  twenty-five  hundred  dollars  is  hereby  appropriated 
out  of  any  money  in  the  state  treasury  not  otherwise  appropriated,  for 
the  expenses  of  the  board  for  the  first  two  years  after  its  organization. 

§  8.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 


Act  224,  §§  1,  2  GENERAL  LAWS.  30 

TITLE  28. 

AECHITECTUEB. 
ACT  224. 

An  act  to  regulate  the  practice  of  architecture. 
[Approved  March  23,  1901.     Stats.  1901,  p.  641.     Amended  1903,  p.  522.] 
Constitutional:  Ex  parte  McManus,  33  Cal.  Dec.  652. 

§  1.  Within  sixty  days  from  and  after  the  passage  of  this  act,  the 
governor  of  the  state  shall  appoint  ten  persons,  which  persons  so  ap- 
pointed shall  constitute  a  board,  which  board  shall  be  known  and 
designated  as  the  state  board  of  architecture.  Five  members  of  said 
board  of  architecture,  shall  be  residents  of  the  northern  district  of  Cali- 
fornia, and  shall  constitute  the  northern  district  for  the  examination  of 
applicants  for  certificates  to  practice  architecture  in  this  state.  And  five 
members  of  said  board  shall  be  appointed  from  the  southern  district  of 
California,  and  shall  constitute  the  southern  district  board  for  the  ex- 
amination of  applicants  for  certificates  to  practice  architecture  in  this 
state.  The  northern  district  shall  be  all  that  portion  of  the  state  north 
of  the  northerly  line  of  the  county  of  San  Luis  Obispo  and  the  county 
of  Kern  and  the  county  of  San  Bernardino.  And  the  southern  district 
shall  be  all  that  portion  of  the  state  south  of  the  northerly  line  of  the 
county  of  San  Luis  Obispo  and  of  the  county  of  Kern  and  of  the  county 
of  San  Bernardino.  Said  state  board  of  architecture  shall  be  appointed 
by  the  governor  as  follows:  Five  members  shall  be  appointed  from  the 
members  in  good  standing  of  the  San  Francisco  Chapter  of  the  American 
Institute  of  Architects,  or  some  similar  institution  or  association  of 
architects,  two  of  whom  shall  be  designated  to  hold  office  for  two  years. 
Five  members  shall  be  appointed  from  the  members  of  the  Southern 
California  Chapter  of  the  American  Institute  of  Architects,  or  some 
similar  institution  or  association  of  architects,  two  of  whom  shall  be 
designated  to  hold  office  for  two  years.  Each  person  so  appointed  shall 
hold  ofBce  for  four  years,  unless  so  designated  to  hold  office  for  two 
years.  And  thereafter,  upon  the  expiration  of  the  term  of  office  of  the 
persons  so  appointed,  the  governor  of  the  state  shall  appoint  a  successor 
or  successors  to  such  outgoing  person  or  persons  whose  term  of  office  shall 
have  expired,  to  hold  office  for  four  years;  provided,  that  the  membership 
of  the  state  board  of  architecture  shall  be  composed  as  herein  set  forth. 
Each  m.ember  shall  hold  over  after  the  expiration  of  his  term  of  office 
until  his  successor  shall  have  been  duly  appointed  and  qualified.  Any 
vacancy  occurring  in  the  membership  of  the  board  shall  be  filled  by  the 
governor  of  the  state  for  the  unexpired  term  in  like  manner.  The  mem- 
bers of  the  board  shall  serve  without  compensation  from  the  state.  The 
expenses  of  the  board  shall  be  paid  out  of  the  fees  collected  from  appli- 
cants for  certificates. 

§  2.  The  members  of  the  state  board  of  architecture  shall,  before 
entering  upon  the  discharge  of  the  duties  of  their  office,  take  and  file 
with  the  secretary  of  state  the  constitutional  oath  of  office.  The  said 
state  board  of  architecture  shall,  within  thirty  days  from  and  after  their 


31  ARCHITECTURE.  Act  224,  §  3 

appointment,  meet  and  elect  from  their  number  a  president  and  a  vice- 
president,  one  of  whom  shall  be  a  resident  of  the  northern  district,  and 
one  a  resident  of  the  southern  district,  and  two  secretaries,  one  from 
each  district.  The  secretaries  shall  also  act  as  treasurers.  The  person 
receiving  the  highest  number  of  votes  shall  be  secretary,  and  the  person 
receiving  the  next  highest  number  of  votes,  assistant  secretary.  Said 
persons  shall  hold  office  for  two  years,  or  until  their  successors  shall  have 
been  duly  elected  and  qualified. 

§  3.  The  board  may  adopt  rules  and  regulations  for  the  government 
of  its  proceedings,  not  inconsistent  with  this  act.  The  state  board 
shall  adopt  a  seal  for  its  own  use,  and  one  for  each  of  the  district  boards. 
The  seal  used  by  the  northern  district  board  sljall  have  the  words 
"Northern  District"  inscribed  thereon,  and  the  one  for  the  southern  dis- 
trict shall  have  the  words  "Southern  District"  inscribed  thereon,  and  the 
secretary  and  assistant  secretary  shall  have  charge,  care  and  custody 
thereof.  The  secretary  shall  keep  a  correct  record  of  all  the  proceedings 
of  the  board,  which  shall  be  open  to  public  examination  at  all  times. 
Six  members  shall  constitute  a  quorum  for  the  transaction  of  business  of 
the  state  board  of  architecture,  and  three  members  shall  constitute  a 
quorum  of  the  district  boards  for  the  transaction  of  business.  Special 
meetings  of  the  state  board  of  architecture  shall  be  called  by  the  secre- 
tary upon  the  written  request  of  four  of  its  members,  and  by  giving 
twenty  days'  written  notice  of  such  meeting,  and  the  time  and  place  at 
which  such  meeting  is  to  be  held,  to  each  member  of  the  board.  The 
district  board  shall  call  special  meetings  upon  the  written  request  of  two 
of  its  members  made  to  the  secretary,  and  upon  five  days'  written  notice 
to  each  member  of  such  district  board.  Within  thirty  days  from  and 
after  the  date  of  their  appointment,  the  state  board  shall  meet  to  organ- 
ize, elect  officers  as  in  this  act  provided  for,  and  formulate  and  adopt  a 
code  of  rules  and  regulations  for  its  government  in  the  examination  of 
applicants  for  certificates  to  practice  architecture  in  this  state;  and  such 
other  rules  and  regulations  as  may  be  necessary  and  proper,  not  incon- 
sistent with  this  act.  The  board  may  from  time  to  time  repeal  or  modify 
its  rules  and  regulations,  not  inconsistent  with  this  act.  The  state  board 
shall  meet  annually,  on  the  second  Tuesday  in  April,  for  the  purpose  of 
transacting  such  business  as  may  lawfully  come  before  it,  not  incon- 
sistent with  this  act.  The  district  boards  shall  hold  their  regular  meet- 
ings for  the  examination  of  applicants  for  certificates  to  practice  archi- 
tecture, on  the  last  Tuesday  of  January,  April,  July  and  October  of  each 
year.  The  board  of  the  northern  district  shall  meet  in  San  Francisco; 
and  the  board  of  the  southern  district  shall  meet  in  Los  Angeles,  and  at 
such  other  times  and  places  as  they  may  elect,  to  examine  applicants  for 
certificates.  Any  person  shall  be  entitled  to  an  examination  for  a  cer- 
tificate to  practice  architecture,  upon  payment,  to  the  district  board  when 
he  makes  application,  of  a  fee  of  fifteen  dollars,  which  fee  shall  be  re- 
tained by  the  board;  should  the  applicant  pass  a  satisfactory  examina- 
tion by  said  district  board,  the  secretary  shall,  upon  the  payment  to  him 
of  a  further  fee  of  five  dollars,  issu6  to  the  applicant  a  certificate,  signed 


Act  224,  §§4,5  GENERAL  LAWS.  82 

by  the  president  and  secretary,  sealed  with  the  seal  of  the  district  board, 
and  directed  to  the  secretary  of  state,  setting  forth  the  fact  that  the 
person  therein  named  has  passed  a  satisfactory  examination,  and  that 
such  person  is  entitled  to  a  certificate  to  practice  architecture  in  this 
state,  in  accordance  with  the  provisions  of  this  act;  and  upon  the  pay- 
ment to  the  secretary  of  state  of  a  fee  of  five  dollars,  the  secretary  shall 
at  once  issue  to  the  person  therein  named  a  certificate  to  practice  archi- 
tecture in  this  state  in  accordance  with  the  provisions  of  this  act,  which 
certificate  shall  contain  the  full  name  of  the  applicant,  his  birth-place 
and  age,  together  with  the  name  of  the  district  board  issuing  the  cer- 
tificate, and  date  of  issuance  thereof.  All  papers  received  by  the  secre- 
tary of  state  on  application  for  certificate  shall  be  kept  on  file  in  his 
office,  and  a  proper  index  and  record  thereof  shall  be  kept  by  him. 

§4.  Any  architect  in  good  standing,  who  shall  show  to  the  satis- 
faction of  the  district  board  of  the  district  in  which  such  architect  may 
reside,  that  he  was  engaged  in  the  practice  of  the  profession  of  archi- 
tecture on  the  date  of  the  passage  of  this  act,  shall  be  granted  a  cer- 
tificate without  passing  an  examination,  on  the  payment  to  the  district 
board  of  a  fee  of  five  dollars;  provided,  such  application  shall  be  made 
within  six  months  from  and  after  the  passage  of  this  act.  Said  cer- 
tificate shall  set  forth  the  fact  that  the  person  to  whom  the  same  was 
issued  was  practicing  architecture  in  this  state  at  the  time  of  the  passage 
of  this  act,  and  that  the  person  therein  named  is  entitled  to  a  certificate 
to  practice  architecture  without  having  to  pass  an  examination  by  the 
district  board;  and  the  secretary  of  state  shall,  upon  the  payment  to  him 
of  a  fee  of  five  dollars,  issue  to  the  person  named  therein  a  certificate  to 
practice  architecture  in  this  state,  in  accordance  with  the  provisions  of 
this  act.  Each  certificated  architect  shall  have  his  certificate  recorded 
in  the  office  of  the  county  recorder,  in  each  and  every  county  in  this 
state,  in  which  the  holder  thereof  shall  practice,  and  he  shall  pay  to  the 
recorder  the  same  fee  as  is  charged  for  the  recording  of  deeds.  A  failure 
to  have  his  certificate  so  recorded  shall  be  deemed  sufficient  cause  for 
revocation  of  such  certificate. 

§5.  After  the  expiration  of  six  months  from  the  passage  of  this 
act,  it  shall  be  unlawful,  and  it  shall  be  a  misdemeanor,  punishable  by 
fine  of  not  less  than  fifty  dollars  nor  more  than  five  huncli-ed  dollars,  for 
any  person  to  practice  architecture  without  a  certificate  in  this  state, 
or  to  advertise,  or  put  out  any  sign  or  card,  or  other  device  which  might 
indicate  to  the  public  that  he  was  an  architect;  provided,  that  nothing 
in  this  act  shall  prevent  any  person  from  making  plans  for  his  own 
buildings,  nor  furnishing  plans  or  other  data  for  buildings  for  other 
persons,  provided  the  person  so  furnishing  such  plans  or  data  shall  fully 
inform  the  person  for  whom  such  plans  or  data  are  furnished,  that  he, 
the  person  furnishing  such  plans,  is  not  a  certified  architect;  provided, 
that  nothing  in  this  act  shall  prevent  the  employment' of  an  architect 
residing  out  of  the  state  of  California  to  prepare  plans  and  specifications 
for  buildings  or  other  structures  within  the  state,  conditioned  he  shall 


S3  ARCHITECTURE.  Act  224,  §§  6, 7 

present  satisfactory  evidence  to  the  board  of  the  district  in  which  the 
structure  is  to  be  erected  that  he  is  a  competent  architect,  when  such 
board  shall  issue  to  such  architect  a  temporary  certificate  for  such  em- 
ployment, upon  the  payment  of  a  fee  of  five  dollars.  Architects'  cer- 
tificates issued  in  accordance  with  the  provisions  of  this  act  shall  remain 
in  full  force  until  revoked  for  cause,  as  hereinafter  provided  for  in  this 
act.  A  certificate  may  be  revoked  for  dishonest  practices,  or  for  gross 
incompetency  in  the  practice  of  the  profession,  which  questions  shall  be 
determined  by  the  district  board  of  the  district  in  which'  the  person 
whose  certificate  is  called  in  question  shall  reside,  or  shall  be  doing  busi- 
ness; and  upon  a  full  investigation  of  the  charges  by  the  district  board, 
an  opportunity  having  been  given  the  accused  to  be  heard  in  his  own 
defense  or  by  counsel;  and  upon  the  verdict  of  at  least  four  members  of 
the  district  board,  the  board  may  issue  its  certificate  to  the  secretary  of 
state  revoking  the  certificate  of  the  person  accused;  and  the  secretary  of 
state  shall  thereupon  cancel  such  certificate.  And  on  the  cancellation  of 
such  certificate,  it  shall  be  the  duty  of  the  secretary  of  the  district 
board  to  give  notice  of  such  cancellation  to  the  tounty  recorder  of  each 
county  in  this  state,  whereupon  the  recorder  shall  mark  the  certificate 
recorded  in  his  office  "Canceled." 

After  the  expiration  of  six  months  the  person  whose  certificate  was 
revoked  may  have  a  new  certificate  issued  to  him  by  the  secretary  of 
state  upon  the  certificate  of  the  district  board  by  which  the  certificate 
was  revoked. 

Every  certificated  architect  shall  have  a  seal,  the  impression  of  which 
must  contain  the  name  of  the  architect,  his  place  of  business,  and  the 
words  "Certificated  architect,"  with  which  he  may  stamp  all  plans  pre- 
pared by  him. 

§  6.     This  act  shall  take  effect  from  and  after  its  passage. 

§  7.  Each  regularly  certificated  architect  shall  pay  an  annual  license 
fee  of  five  dollars,  said  fee  to  be  paid  to  the  secretary  of  the  board  of 
the  district  of  which  he  shall  be  a  resident,  and  shall  be  payable  in 
advance  on  January  1,  and  shall  become  delinquent  the  first  day  of 
April,  of  each  year,  after  which  date  it  shall  be  delinquent,  and  the 
certificate  of  such  architects  who  shall  fail  to  pay  their  license  fees 
by  April  1  of  each  year,  shall  be  subject  to  cancellation  by  said  district 
board,  and  notice  of  such  cancellation  shall  be  sent  to  each  county 
recorder  of  the  state  of  California  and  to  the  secretary  of  state,  as  pro- 
vided in  section  5  of  the  act  to  regulate  the  practice  of  architecture, 
approved  March  23,  1901,  for  cancellation  of  certificates.  And  the  secre- 
tary of  the  said  district  shall  issue  a  receipt  signed  by  the  president  and 
secretary  of  the  district,  aud  under  the  seal  of  the  district  board,  to  each 
architect  paying  said  license  fee,  showing  that  said  certificated  architect 
has  paid  his  annual  license  fee,  which  license  receipt  shall  be  displayed 
in  a  prominent  place  in  the  office  of  said  architect.  The  fees  so  collected 
shall  be  used  to  meet  the  expenses  of  the  state  board  of  architecture. 
Gen.  Laws — 3 


Acts  229-24T  GENERAL  LAWS.  84 

[New  section  approved  March  26,  1903.     Stats.  1903,  p.  522.     In  effect 
immodiatelj'.] 

Citations.      Cal.  151/332.     App.  2/222,   223. 

TITLE  29. 

AEMS. 
ACT  229. 

To    provide  "for   the    issuing    arms    and    accoutrements    to    colleges    and 
academies.     [Stats.  1862,  p.  483.] 

ACT  230. 

Military  academies,  act  to  furnish  arms  to.     [Stats.  1871-72,  p.  121.] 
See  this  act  post,  Act  2200. 

TITLE  30. 
AEEEST. 
ACT  235. 

For    the    relief   of   persons    imprisoned    on    civil    process.     [Stats.    1850, 
p.  407.     Amended  1863,  p.  93.] 
Superseded  by  Code  of  Civil  Procedure,   §§  1143-1154. 

TITLE  31. 

AEROYO  DEL  MEDO. 
ACT  240. 

To    declare    the   Arroyo    del    Medo    in    Santa    Clara    County    navigable. 
[Stats.  1852,  p.  223.] 
Incorporated  in  Political  Code,  §  2349. 

TITLE  32. 

AETESIAN  WELLS. 
ACT  245. 

An  act  to  prevent  the  waste  and  flow  of  water  from  artesian  wells  and 

f prescribing  penalties  therefor  and  defining  waste  and  artesian  wells. 
Approved    March    6,    1907.     Stats.    1907,    p.    122.     Amended    1909, 
p.  749.] 

This  act  appears  in  full  in  Appendix,  Penal  Code,  p.  2003. 
Former  act:   See  Stats.  1877-78,  p.  195;  amended  1901,  p.  284. 
Citations.     Cal.  App.  6/235. 

TITLE  33. 

ASEXUALIZATION. 
ACT  247. 

An  act  to  permit  asexualization  of  inmates  of  the  state  hospitals  and 
the  California  Home  for  the  Care  and  Training  of  Feeble-minded 
Children,  and  of  convicts  in  the  state  prisons. 

[Approved  April  26,  1909.     Stats.  1909,  p.  1093.] 


S5  ASSAULT— ASSIGNMENTS   OF   CONTRACTS,  Acts  250-260 

§  1.  Whenever  in  the  opinion  of  the  medical  superintendent  of  any 
state  hospital,  or  the  superintendent  of  the  California  Homo  for  the 
Care  and  Training  of  Feeble-minded  Children,  or  of  the  resident  physi- 
cian in  any  state  prison,  it  would  be  beneficial  and  conducive  to  the 
benefit  of  the  phj'sical,  mental  or  moral  condition  of  any  inmate  of 
said  state  hospital,  home,  or  state  prison,  to  be  asexualized,  then  such 
superintendent  or  resident  physician  shall  call  in  consultation  the  general 
superintendent  of  state  hospitals  and  the  secretary  of  the  state  board  of 
health,  and  they  shall  jointly  examine  into  all  the  particulars  of  the  case 
with  the  said  superintendent  or  resident  physician,  and  if  in  their 
opinion,  or  in  the  opinion  of  any  two  of  them,  asexualization  will  be 
beneficial  to  such  inmate,  patient  or  convict,  they  may  perform  the  same; 
provided,  that  in  the  case  of  an  inmate  or  convict  confined  in  any  of 
the  state  prisons  of  this  state,  such  operation  shall  not  be  performed 
unless  the  said  inmate  or  convict  has  been  committed  to  a  state  prison 
in  this  or  in  some  other  state  or  country  at  least  two  times  for  some 
sexual  offense,  or  at  least  three  times  for  any  other  crime,  and  shall 
have  given  evidence  while  an  inmate  in  a  state  prison  in  this  state  that 
he  is  a  moral  and  sexual  pervert;  and  provided  further,  that  in  the  case 
of  convicts  sentenced  to  state  prison  for  life  who  exhibit  continued  evi- 
dence of  moral  and  sexual  depravity,  the  riglit  to  asexualize  them,  as 
provided  in  this  act,  shall  apply,  whether  they  have  been  inmates  of  a 
state  prison  either  in  this  or  any  other  state  or  country  more  than  one 
time. 

TITLE  34. 
ASSAULT. 
ACT  250. 

To    punish    assaults    with    caustic    or    corrosive    liquids    and    substances. 
[Stats.  1867-68,  p.  19i.] 
Superseded  by  Penal  Code,  §  244. 

TITLE  35. 

ASSESSOES. 
ACT  255. 

County  treasuries,  protection  of.     [Stats.  1873-74,  p.  393.] 
Probably  repealed   by   County  Government   Act,    1897,   p.   452. 
This    act   required    the    assessors   of    Siskiyou,    Calaveras,    Amador,    and   Alpine 
counties  appointing  deputies,  in  pursuance  of  power  given  by  the  board  of  equal- 
ization, to  pay  such  deputies. 

TITLE  36. 

ASSIGNMENTS  OE  CONTRACTS. 
ACT  260. 

Relative  to  bonds,  duebills  and  other  instruments  in  writing  and  making 
them  assignable.      [Stats.  1850,  p.  332.] 
This  act  has  not  been  in  terms  repealed,  and  in  the  absence  of  positive  legis- 
lation, it  is  difficult  to  tell  what,  if  any,  part  of  it  is  in  force. 


Acts  2G4-282  GENERAL  LAWS.  86 

TITLE  37. 
ATTORNEY  GENERAL. 
ACT  284. 

An  act  making  an  appropriation  for  the  purchase  of  law  books  for  the 
attorney  general.      [Approved  June  14,  190G.  Stats.  1906,  p.  32.] 
This  act  appropriated  $5,000  for  the  purpose  indicated. 

ACT  265. 

The  better  to  enable  the  collection  of  judgments  in  favor  of  the  state. 
[Stats.  1858,  p.  159.] 
This  act  authorized  the  attorney  general  to  bid  in  property  under  execution  in 
favor  of  and  for  the  benefit  of  the  state.     It  was  superseded  by  Political  Code, 
§  470,   subd.  8. 

ACT  266. 

To  provide  the  office  of  the  attorney  general  with  law  books  required  by 
him  for  the  conduct  of  his  business  and  requiring  the  state  librarian 
to  provide  and  furnish  the  same.     [Stats.  1895,  p.  65.] 

TITLE  38. 

ATTORNEYS  AT  LAW. 
ACT  271. 

Concerning  attorneys  and  counselors  at  law.     [Stats.  1851,  p.  48.] 
Amended  1859,  p.  60;   1861,  p.  40;   1869-70,  p,  578.      Superseded  by  Code  of 
Civil  Procedure,    §§  275   et  seq. 

This  act  related  to  the  admission  and  disbarment  of  attorneys. 

TITLE  39. 

AUBURN. 
ACT  276. 

Authorizing  the  trustees  of  Auburn  to  remove  a  cemetery  and  to  donate 
the  land  occupied  thereby  to  the  public  for  a  park.  [Stats.  1895, 
p.  109.] 

TITLE  40. 
BANKRUPTCY  AND  INSOLVENCY. 
ACT  281. 

Insolvent  debtors,  relief  of.     [Stats.  1875-76,  p.  581.] 
Supplementing  act  of  May  4,   1852.      Repealed  by  Insolvent  Act  of  1880,  p.  82. 
Citations.     Cal.  55/303,   304;    57/362,   363;    59/135;    62/30;    64/492;    72/445, 
447. 

ACT  232. 

For  the  relief  of  insolvent  debtors.     [Stats.  1880,  p.  82.] 
Amended  1891,  p.  511;   1893,  p.  45.     Repealed  1895,  p.   131. 
Citations.      Cal.  65/363;  87/458;  106/579;  120/404;  141/76,  77. 


87  BANKS   AND  BANKING.  Acts  283-293 

ACT  283. 

For  the  relief  of  insolvent  debtors,  for  the  protection  of  creditors  and 
for  the  punishment  of  fraudulent  debtors.  [Stats.  1895,  p.  131.] 
Amended  1897,  p.  35.  Superseded  by  the  federal  law. 

Citations.  Cal.  111/437,  440;  115/216;  116/265,  368;  117/354,  355,  475, 
477;  118/435;  119/563,  587;  122/218,  330,  331,  635;  123/40,  245,  263;  125/ 
180,  181,  416,  417;  126/638,  639;  127/104,  305,  556;  128/148,  149,  659,  660; 
129/495;  130/458,  572,  573;  131/592,  593,  594;  133/497,  498;  134/373,  374, 
375;  135/160,  244;  136/280;  138/739,  740,  742;  139/259,  260,  356,  357,  358, 
359,  360,  361;  141/99,  100. 

TITLE  41. 
BANKS  AND  BANKING. 
ACT  288. 

For  the  formation  of  savings  corporations.     [Stats.  1862,  p.  199.] 
Amended  1863-64,  pp.  158,  531;   1865-66;  p.  626;   1869-70,  p.  130;   1871-72, 
p.    132.      Supplemented   1867-68,   p.  459. 

"Repealed  by  §  288,  Civ.  Code;  and  even  as  to  pre-existing  corporations  modi- 
fied by  the  codes  and  the  constitution.  (McGowan  v.  McDonald,  111  Cal.  57.)" 
• — Code  Commissioner's  Note.  See,  also,  Laidlaw  v.  Pacific  Bank,  70  Pac.  277; 
Murphy  v.  Pacific  Bank,  119  Cal.  334. 

Citations.     Cal.  72/200;   111/62;   119/338;   137/394,   395;   144/222,   226,   227. 

ACT  289. 

Supplemental  to  the  act  for  formation  of  savings  corporations.     [Stats. 
1867-68,  p.  459.] 
Repealed  by  §  288,  Civil  Code. 

ACT  290. 

To   provide   for  the  formation   of   corporations  for  the   accumulation   of 
funds  and  savings  and  the   direct  promotion   of  manufacturing  and 
mechanic  arts,  agriculture  and  mining.     [Stats.  1869-70,  p.  523.] 
Repealed  by  §  288,  Civil  Code. 

ACT  291. 

Concerning  corporations  engaged  in  banking.     [Stats.   1875-76,   p.   729.] 

Repealed  1893,  p.  112;  1895,  p.  77. 

This  act  provided  for  the  publication  of  sworn  statements  by  banks. 

Citations.     Cal.  72/56;   97/32;   99/127;   101/308;   104/478;   111/137. 

ACT  292. 

To  compel  savings  banks  to  publish  a  sworn  statement  of  unclaimed  de- 
posits.    [Stats.  1893,  p.  183.     Eepealed  1905,  p.  582.] 
Codified  by   amendment   of   Civil   Code,    adopted   1905  :    See   Civil  Code,  §  583b. 
Repealed  1905,"p;  582. 

ACT  293. 

To  compel  all  depositaries  of  money  and  commercial  banks  to  publish  a 
sworn  statement  of  all  unclaimed  deposits.     [Stats.  1897,  p.  27.] 
Codified   by   amendment   of   Civil   Code,    adopted   1905:    See   Civil  Code,  §  583b. 
Repealed  1905,  p.  582. 


Act  294,  §§1-5  GENERAL  LAWS.  38 

ACT  294. 

An  act  providing  for  the  dissolution  and  winding  up  of  savings  banks, 
trust  companies,  and  banks  of  deposit,  and  providing  for  the  disposi- 
tion of  all  funds  deposited  therein  and  not  claimed  within  five  years 
after  such  banks  have  ceased  to  do  business,  or  after  the  commence- 
ment of  proceedings  to  dissolve. 

[Approved  March  31,  1891.     Stats.  1891,  p.  271.] 

§  1.     Right  to  dissolve  savings  banks,  etc. 

§  2.     Dissolved  savings  bank  fund. 

§  3.      How  drawn  upon. 

§  4.      When  same  escheats. 

§  5.     Attorney  general  empowered  to  bring  actions, 

§  6.      Investment  of  funds. 

§  7.     Bonds  purchased. 

§8.     To  sell  bonds  to  meet  payments. 

§  1.  That  any  savings  bank  or  trust  company  or  bank  of  deposit 
heretofore  created  or  which  may  be  hereafter  created  shall  have  the 
right,  on  application  of  the  stockholders  or  members  to  the  superior  court 
of  the  county  wherein  its  principal  place  of  business  is  situated,  to  dis- 
solve said  corporation  in  the  manner  provided  for  in  title  six,  part  three, 
of  the  Code  of  Civil  Procedure. 

§2.  It  is  hereby  made  the  duty  of  every  person  or  corporation 
holding  funds  of  any  savings  bank  or  trust  company  or  bank  of  deposit, 
at  the  end  of  five  years  from  and  after  such  bank  has  ceased  to  receive 
deposits  or  do  business,  to  pay  the  same  into  the  state  treasury,  which 
money  shall  be  held  in  the  state  treasury  in  a  fund  vv^hich  is  hereby 
designated  as  "the  dissolved  savings  bank  fund";  and  at  the  same  time 
it  shall  be  the  duty  of  such  person  or  corporation  to  furnish  to  the  state 
controller  a  list  of  the  names  of  all  depositors  to  whom  said  moneys 
belong  or  to  whom  said  bank  owes  the  same. 

§3.  The  money  in  said  "the  dissolved  savings  bank  fund"  may  be 
drawn  out  on  the  warrants  of  the  state  controller,  issued  on  proofs  of 
ownership,  approved  and  allowed  by  the  state  board  of  examiners. 

§4.  All  moneys  paid  into  the  said  "the  dissolved  savings  bank 
fund"  uncalled  for  within  five  years  after  being  paid  in  shall  escheat  to 
the  state,  and  thereafter  only  drawn  out  in  such  manner  as  now  pro- 
vided for  by  law  for  the  estates  of  deceased  persons  escheated  to  this 
state. 

§  5.  That  any  person  or  corporation  failing  to  comply  with  the  pro- 
visions of  this  act  shall  be  liable  to  the  state  of  California  for  the 
amount  of  money  so  retained  by  them  contrary  to  the  provisions  of  the 
first  four  sections  of  this  act;  and  the  attorney  general  of  this  state  is 
hereby  authorized,  empowered,  and  directed  to  bring  action,  in  the  name 
of  the  people  of  the  state  of  California,  in  such  manner  and  upon  the 


39  BANKS  AND  BANKING.  Acts  295-297 

same  terms  as  now  provided  for  escheated  estates,  to  recover  judgment 
for  said  money,  and  when  so  recovered,  to  be  paid  into  the  state  treasury 
and  held  subject  to  the  provisions  of  this  act;  provided,  that  said  fund 
shall  be  liable  for  the  expense  of  the  recovery  of  the  same,  to  be  paid 
out  upon  demands  audited  by  the  state  board  of  examiners. 

§  6.  Whenever  and  as  often  as  there  is  in  the  state  treasury  to  the 
credit  of  the  said  "the  dissolved  savings  bank  fund"  the  sum  of  ten 
thousand  dollars,  the  state  board  of  examiners  must  invest  the  same  in 
civil  funded  bonds  of  this  state,  or  in  bonds  of  the  United  States,  or  in 
bonds  of  the  several  counties  of  this  state;  the  investments  to  be  made 
in  such  manner  and  upon  such  terms  as  the  board  shall  deem  for  the  best 
interests  of  the  said  "the  dissolved  savings  bank  fund";  provided,  that 
no  bonds  of  any  counties  shall  be  purchased,  of  which  the  debt,  debts,  or 
liabilities  at  the  time  exceed  fifteen  per  cent  of  the  assessed  value  of 
the  taxable  property  of  said  county. 

§  7.  All  bonds  purchased  by  the  board  under  the  provisions  of  this 
act  must  be  delivered  to  the  state  treasurer,  who  shall  keep  them  as  a 
portion  of  said  "the  dissolved  savings  bank  fund,"  the  interest  upon  such 
bonds  to  be  placed  by  him  to  the  credit  of  said  fund. 

§  8.  Whenever  the  moneys  on  hand  in  the  state  treasury,  to  the 
credit  of  the  said  "the  dissolved  savings  bank  fund"  is  not  sufficient  to 
pay  the  claims  allowed  by  the  state  board  of  examiners  against  said 
fund,  it  shall  be  the  duty  of  said  board  to  sell  such  bonds  belonging  to 
said  fund  as  they  may  deem  proper,  for  the  purpose  of  providing  funds 
for  the  payment  of  such  claims  so  allowed  by  them. 

§  9.     This  act  shall  take  effect  from  and  after  its  passage. 

ACT  295. 

Creating  a  board  of  bank  commissioners.  [Stats.  1877-78,  p.  740.] 
Amended  1887,  p.  90;  1895,  p.  172;  1901,  p.  30.  Repealed  1903,  p.  73. 
Citations.   Cal.  53/547;  79/465;  86/259;  97/472;  100/111;  102/450;  103/ 
32;  106/69:  125/457;  133/108;  137/394;  141/78;  145/706,  710,  711;  154/ 
196,  198.   App.  1/192;  2/446,  448;  8/571. 

ACT  296, 

An  act  creating  a  board   of  bank   commissioners,   and  prescribing  their 
duties  and  powers.     [Approved  March  24,  1903.     Stats.  1903,  p.  365. 
Amended  1905,  p.  304;  1907,  p.  572.     Eepealed  1909,  p.  87.] 
Citations.     Cal.  152/262,  263,  264,  266,  267,  268,  269,  271;  154/196, 

ACT  297. 

An    act    to    define    and    regulate    the    business    of    banking.     [Approved 
March  1,  1909.     Stats.  1909,  p.  87.] 
This  act  appears  in  full  in  Appendix,  Civil  Code,  p.  1856. 


Acts  301-318  GENERAL  LAW3.  40 

TITLE  42. 
BARBEES. 
ACT  301. 

To  regulate  the  practice  of  barbering,  the  registering  and  licensing  of 
persons  to  carry  on  such  practice,  and  to  insure  the  better  education 
and  promote  competency  and  skill  among  such  practitioners  in  the 
state  of  California.  [Approved  February  20,  1901.  Stats.  1901,  p.  15.] 
Repealed  1903,  p.  166. 

TITLE  43. 
BEE  CULTUEE. 

ACT  306. 

To   authorize  the  boards   of   supervisors  of   the  several   counties  of  this 
state   to   appoint  inspectors  of   apiaries   and  provide  for  their  com- 
pensation, and  defining  their  duties,  and  for  the  further  protection 
of  bee  culture.     [Approved  March  13,  1883;  1883,  p.  285.] 
Repealed  1901,  p.  13. 
The  nature  of  the  act  appears  from  its  title. 

ACT  307. 

To  promote  the  apicultural  interests  of  the  state  of  California  by  pro- 
viding county  inspectors  of  apiaries,  and  defining  their  duties,  and 
providing  for  their  compensation,  and  repealing  the  act  entitled  "An 
act  to  authorize  the  board  of  supervisors  of  the  several  counties  of 
this  state  to  appoint  inspectors  of  apiaries,  and  provide  for  their 
compensation,  and  defining  their  duties,  and  for  the  further  protec- 
tion of  bee  culture,"  approved  March  13,  1883.  [Approved  February 
20,  1901.  Stats.  1901,  p.  13.] 
Amended  1903,  p.  7. 

TITLE  44. 
BENEFIT  SOCIETIES. 

ACT  312. 

Mutual  benefit  and  relief  associations.     [Stats.  1873-74,  p.  745.] 

Amended  1880,  p.  25;   1901,  p.  6. 

Codified  by  §§452a,  453,  Civil  Code. 

Citations.     Cal.  128/263;  142/491,  492,  493,  495,  496. 

TITLE  45. 
BENEVOLENT  COEPOEATIONS. 
ACT  317. 

To  further  extend  the  act  concerning  corporations.  [Stats.  1857,  p.  75.] 
This  act  authorized  the  formation  of  corporations  for  benevolent  purposes. 

ACT  318. 

Further  extending  act  concerning  corporations,.     [Stats.  1858,  p.  57.] 

Amended  and  supplemented  1858,  p.  264. 

This   act   allowed  the   formation  of   corporations   for   charitable   and  benevolent 
purposes. 


41  BENICIA— BIG  TREKS,  Acts  319-338 

ACT  319. 

Supplementary  to  act  of  1850  concerning  corporations.     [Stats.   1858,  p. 
264.] 
This   act  authorized  the   formation  of  corporations  for  benevolent  and  literary 
purposes. 

TITLE  46. 
BENICIA. 
ACT  324. 

To  settle  land  titles  in.     [Stats.  1865-G6,  p.  107.] 
ACT  325. 

To  cede  certain  property  to.     [Stats.  1855,  p.  239.] 
This  act  ceded  to  Benicia  the  entire  waterfront  of  thatlcity:   See  act  of  1859, 
p.   314. 

Citations.      Cal.  118/345, 

ACT  32G, 

Election   of   assessor,   city   marshal,    and   treasurer   of.     [Stats.    1877-78, 
p.  400.] 
Superseded  by  incorporating,  in  1886,  under  Municipal  Corporation  Act  of  1883. 

ACT  327. 

To  provide  for  the  government  of.     [Stats.  1859,  p.  314.] 
Supplemented    1860,    p.    118;    1861,    p.    17.      Amended    1862,    p.    231;    1867-68, 
pp.  3,  206;   1869-70,  p.  854;   1873-74,  p.  777.      Superseded  by  incorporating,  in 
1886,  under  the  Municipal  Corporation  Act  of  1883. 

TITLE  47, 
BERKELEY, 
ACT  330, 

To  incorporate  the  town  of,     [Stats.   1877-78,  p.   8S8.] 
Superseded  by  the  charter  of  Berkeley,  1895,  p.  410:  Miner  v.  Justices'  Court, 
121  Cal.  264. 

ACT  331, 

Charter  of  Berkeley.     [Stats.  1895,  p,  410.] 
Amended   1905,   p.    829.      See  Act  332. 
Citations.      Cal.  5/578,  579,  580, 

ACT  332, 

Charter  of  Berkeley.     [Stats.  1909,  p.  1208.] 
ACT  333, 

To  create  a  justice's  court  for  the  town  of.     [Stats.  1895,  p.  205,] 
Unconstitutional:    Miner   v.  Justices'    Court,    121    Cal.   264. 

TITLE  48. 
BIG  TREES. 
ACT  338. 

Big  trees,  protection  of,  in  Fresno,  Tulare  and  Kern   counties.     [Stats, 
1873-74,  p.  347.] 


Acts  339-354  GENERAL  LAWS.  42 

ACT  339. 

To  provide  for  the  management  of  the  Mariposa  big  tree  grove,     [Stats. 
1880,  p.  44.] 
Amended  1885,  p.  212.     Repealed  1907,  p.  268. 

TITLE  49. 
BILLS  AND  NOTES. 
ACT  344. 

EelatiHg  to  bills  of  exchange  and  promissory  notes.     [Stats.  1850,  p.  247.] 
Superseded  by  provisions  of  Civil  Code  relating  to  negotiable  instruments. 
Citations.     Cal.  90/107;  103/322,  323. 

TITLE  50. 
BIED  AND  AKBOB  DAY. 
ART  348. 

An  act  to   establish  a  bird  and  arbor   day.     [Approved  March   3,   1909. 
Stats.  1909,  p.   134.] 

§  1.  March  7th  of  each  year,  being  the  anniversary  of  the  birth- 
day of  Luther  Burbank,  is  hereby  set  apart  and  designated  bird  and 
arbor  day.  All  public  schools  and  educational  institutions  are  directed 
to  observe  bird  and  arbor  day,  not  as  a  holiday,  but  by  including  in  the 
school  work  of  the  day  suitable  exercises  having  for  their  object  instruc- 
tion as  to  the  economic  value  of  birds  and  trees,  and  the  promotion  of  a 
spirit  of  protection  toward  them. 

§  2.     This  act  shall  take  effect  from  and  after  its  passage. 

TITLE  51. 
BLUE  BOOK. 
ACT  349. 

To   provide   for  the   compilation,   printing,  binding,   publishing   and   dis- 
tribution of  a  legislative  manual  and  state  blue  laook,  or  roster,  and 
repealing    conflicting    acts.     [Approved    February    13,    1903.     Stats. 
1903,  p.   19.] 
Further  acts  can  be  found  in  Statutes  1891,  p.  454,  and  1893,  p.  218. 

TITLE  52. 
B'NAI  B'EITH. 
ACT  354. 

Concerning  order  of  B'nai  B'rith.     [Stats.  1867-68,  p.  310.] 
This  act  conferred  corporate  power  on  this  society. 


43  BOARD  OF  EXAMINERS— BONDS.  Acts  359-368 

TITLE  53. 
BOAED  OF  EXAMINEES. 
ACT  359. 

Purchase  of   supplies  for  state  officers  and   members  of  the   legislature. 
[Stats.  1875-76,  p.  314.] 
This  act  constituted  the  state  board  of  examiners  a  furnishing  board  with  cer- 
tain powers  and  duties. 

ACT  360. 

To  authorize  the  state  board  of  examiners  to  invest  the  moneys  derived 
from  the  state  school  lands  in  the  bonds  of  the  several  counties  of 
this  state.     [Sats.   1871-72,  p.   54.     Eepealed   1883,  p.  25.] 

■ACT  361. 

Authorizing  state  board  of  examiners  to  sell  old  furniture  and  all  mate- 
rial belonging  to  the  state  and  not  required  for  public  use.  [Stats. 
1891,  p.  452.] 

ACT  362. 

Prescribing  certain  duties  to  be  performed  by  the  state  controller,  state 
treasurer,  and  state  board  of  examiners.     [Stats.  1871-72,  p.  118.] 
This  act  provided  for  reports  as  to  warrants  on  the  treasury,  the  adjustment  of 
balances,  the   counting  of  funds,  and  the  cancellation  of  warrants  not  called  for. 
It  appears  in  full  in   Appendix,  Political  Code,  p.  1843. 

TITLE  54. 
BOAEDS  OF  FEEEHOLDEES. 
ACT  367. 

In  relation  to  municipal  elections  where  the  same  are  held  separate  from 
general  state  elections,  and  elections  held  under  the  authority  of 
section  eight  of  article  eleven  of  the  constitution,  to  elect  boards  of 
freeholders,  or  to  vote  upon  proposed  charters  or  upon  amendments 
to  existing  charters,  and  to  repeal  an  act  entitled  an  act  in  rela- 
tion to  elections  held  under  the  authority  of  section  eight  of  article 
eleven  of  the  constitution,  approved  March  31,  1897.  [Approved 
March  4,  1899.  Stats.  1899,  p.  63.  Eepealed  1907,  p.  661.] 
Citations.     Cal.  133/344. 

BOAEDS  OF  TEADE. 
See  title  "Chambers  of  Commerce."    See  Act  1014. 

TITLE  55. 

BONDS. 
ACT  368. 

An  act  making  the  cost  of  certain  bonds  of  receivers,  assignees,  trustees, 
guardians,  administrators  and  executors  chargeable  to  a  certain 
extent  against  the  trust  estate. 

[Approved  March  20,  1905,    Stats.  1905,  p.  477.] 


Acts  369-376  GENERAL  LAWS.  *4 

§  1.  Any  receiver,  assignee,  trustee,  guardian,  administrator  or  ex- 
ecutor required  by  law  or  by  the  order  of  court  to  give  a  bond  as 
such,  shall  be  allowed  as  part  of  the  lawful  expenses  of  executing  his 
trust,  the  sum  paid  for  such  bond,  not  exceeding,  however,  one-half  (i/4) 
of  one  (1)  per  cent  of  the  amount  of  such  bond,  for  each  year  that  the 
same  shall  remain  in  force. 

ACT  369. 

To   provide   for  funding  the   indebtedness   of   counties   in   certain   cases. 
[Stats.  1884,  p.  8.] 
Superseded  by  County  Government  Act,  1897,  subd.  13,  §  25,  p.  460. 

ACT  370. 

To  provide  for  the  funding  indebtedness  of  the  several  counties  of  the 
state  and  the  issuing  of  bonds  therefor.     [Stats.  1889,  p..  37.] 
Superseded  by  §  25,  County  Government  Act,  1897,  p.  457. 

ACT  371. 

Authorizing  the  several  counties  of  the  state  to  create  a  bonded  indebt- 
edness.    [Stats.  1889,  p.  348.] 
Superseded  by  §  25,  County  Government  Act,   1897,  p.  460. 

ACT  372. 

Providing  for  submitting  to  the   qualified   electors  of  a   county  or   city 
and  county  a  proposed  issue  of  bonds.     [Stats.  1883,  p.  375.] 
Superseded   by    §  25,    County   Government   Act   of   1897,    and   as   to   San   Fran- 
cisco by  its  charter. 

ACT  373. 

Authorizing  the  board  of  supervisors  of  any  county,  or  any  subdivision 
of  a  county,  having  a  bonded  debt,  to  refund  such  debt  at  a  less 
rate  of  interest.     [Approved  March  18,  1885,  p.  211.] 
Superseded  by  subd,  13,   §  25,  County  Government  Act,  1897,  p.  460. 

ACT  374. 

To  provide  for  the  payment  of  interest  on  the  outstanding  bonds  of  the 

state  held  in  trust  for  the  university  fund  and  the  state  school  fund. 

[Stats.  1893,  p.  75.] 

Amended  1899,  p.  93. 

ACT  375. 

To    provide   for   the    redemption    and   payment    of   certain   funded    debt 
bonds  of  the  state.     [Stats.  1893,  p.  49.] 

ACT  376. 

To  provide  for  the  issuance  and  sale  of  state  bonds  to  create  a  fund  for 
the  construction  by  the  board  of  state  harbor  commissioners  of  a 
seawall  and  appurtenances  in  the  city  and  county  of  San  Francisco; 


45  BONDS.  Acts  377-382 

to  create  a  sinking  fund  for  the  payment  of  said  bonds;   and  pro- 
viding for  the  submission  of  this  act  to  a  vote  of  the  people.     [Ap- 
proved March  20,   1903.     Stats.   1903,  p.  247.] 
This  act  provided  for  the   submission  to   the  people   of  the   question   of  voting: 

upon  tlie  issuance  of  bonds  to  the  amount  of  $2,000,000  for  the  construction  of  a 

seawall  in  San  Francisco:    See  Acts  1435  and  1436. 

See  Spears  v.  Reeves,  148  Cal.  501.     See,  also,  Stats.  1907,  p.  722. 
Citatious.     Cal.  148/502. 

ACT  377. 

To  facilitate  the  giving  of  bonds  required  by  law.     [Stats.  1885,  p.  114.] 
This  act  appears  in  full  in  Appendix,  Civil  Code,  p.  1895.      It  authorized  surety 
corporations  to  act  as  sole  surety. 
Citations.     Cal.  97/355. 

ACT  378. 

In  relation  to  suits  brought  on  official  bonds  and  obligations  in  favor  of 
the  state.     [Stats.  1857,  p.  173.] 
Superseded  by  Political  Code,   §§  9S3,  984. 

ACT  379. 

To  provide  for  the  payment  by  the  state  or  counties,  or  cities,  or  cities 
and  counties,  of  the  premium  or  charge  on  official  bonds  when  given 
by  surety  companies.     [Stats.  1903,  p.  476.] 
This  act  appears  in  full  in  Appendix,  Political  Code,  p.  1781. 

ACT  380. 

To  provide  for  the  redemption  and  payment  of  certain  funded  debt  bonds 
of  this  state,  together  with  interest  thereon,  making  an  appropria- 
tion therefor,  and  authorizing  the  state  controller  and  state  treasurer 
to  transfer  the  sum  of  one  hundred  and  twenty  thousand  dollars 
from  the  general  fund  to  the  interest  and  sinking  fund  to  carry  out 
the  provisions  of  this  act.  [Approved  February  27,  1893.  Stats. 
1893,  p.  49.] 

ACT  381. 

To  provide  for  the  payment  of  funded  indebtedness  of  the  state  of  Cali- 
fornia, and  to  contract  a  funded  debt  for  that  purpose.  [Approved 
March  31,  1891.     Stats.  1891,  p.  210.] 

The  act   created  a  board  of  commissioners  to   issue  bonds   for   the  purpose  in- 
dicated and  provided  for  the  sale  and  redemption  of  the  bonds. 

ACT  382. 

An  act  authorizing  the  common  council,  board  of  trustees,  or  other  gov- 
erning body  of  any  incorporated   city  or  town  other  than  cities  of 
the  first  class  to  refund  its  indebtedness,  to  issue  bonds  therefor,  and 
to  provide  for  the  payment  of  the  same. 
[Approved  March  9,  1897.     Stats.  1897,  p.  75.     Amended  1901,  p.  274.] 
Unconstitutional  in  part:  Los  Angeles  v.  Hance,  122  Cal.  77. 


Act  382,  §§1,3  GENERAL  LAWS.  46 

§  1.  The  common  council,  board  of  trustees,  or  other  governing  body 
of  any  incorporated  city  or  town  other  than  cities  of  the  first  class,  in 
this  state,  having  an  outstanding  indebtedness,  evidenced  by  bonds  or 
warrants  thereof,  or  by  judgment  or  judgments  recovered  against  it  upon 
bonds  or  warrants  originally  issued  by  such  town  or  city,  is  empowered, 
by  a  two-thirds  vote  of  its  number,  to  fund  or  refund  the  said  indebted- 
ness and  issue  bonds  of  such  city  or  town  therefor  in  sums  of  not  less 
than  one  hundred  dollars  nor  more  than  one  thousand  dollars  each,  and 
having  not  more  than  forty  years  to  run,  and  bearing  a  rate  of  interest 
not  exceeding  six  per  cent  per  annum,  payable  semi-annually;  provided, 
that  no  indebtedness  shall  be  refunded  at  a  higher  rate  of  interest  than 
that  borne  by  the  original  debt.  Such  bonds  shall  be  of  the  character 
known  as  "serials,"  not  less  than  one-fortieth  of  the  principal  being  pay- 
able each  year,  together  with  the  interest  due  on  all  sums  unpaid.  Prin- 
cipal and  interest  on  said  bonds  shall  be  payable  in  gold  coin  or  other 
lawful  money  of  the  United  States,  as  may  be  expressed  in  said  bonds, 
at  the  office  of  the  treasurer  of  said  city  or  town.  Said  bonds  shall  be 
sold  in  the  manner  provided  by  such  city  council  or  other  governing 
body,  to  the  highest  bidder  therefor,  for  not  less  than  their  face  value, 
in  the  same  character  of  money  as  that  in  which  they  are  payable.  The 
proceeds  of  such  sale  shall  be  placed  in  the  treasury  of  such  city  or 
town  to  the  credit  of  the  "funding  fund,"  and  shall  be  applied  only  to 
refunding  the  indebtedness  for  which  said  bonds  were  issued.  Said 
trustees,  or  other  governing  body,  shall  at  the  time  for  fixing  the  general 
tax  levy  for  each  year,  and  in  the  same  manner  as  such  tax  levy  is 
made,  levy  and  collect  sufficient  money  to  pay  such  part  of  the  principal 
of  said  bonds  issued  imder  this  act  as  one  year  bears  to  the  number  of 
years  for  which  the  bonds  are  to  run,  and  also  the  annual  interest  upon 
the  sums  unpaid.     [Amended  1901,  p.  274.] 

§2.  Whenever  sufficient  money  is  in  the  funding  fund,  in  the  hands 
of  the  treasurer,  to  redeem  one  or  more  of  the  outstanding  bonds  pro- 
posed to  be  refunded,  he  shall  publish  once  a  week  for  two  weeks  in 
some  newspaper  of  general  circulation  published  in  such  city  or  town,  if 
there  be  any,  a  notice  to  the  effect  that  he  is  prepared  to  pay  such  bond 
or  bonds  (giving  the  number  thereof),  and  if  the  same  are  not  presented 
for  redemption  within  thirty  days  after  the  first  publication  of  such 
notice,  the  interest  on  such  bonds  will  cease.  He  shall,  at  the  same 
time,  deposit  in  the  postoffice  a  copy  of  such  notice,  inclosed  in  a  scaled 
envelope,  with  the  postage  paid  thereon,  addressed  to  the  owner  or  own- 
ers of  such  bond  or  bonds,  at  the  postoffice  address  of  such  owner  or 
owners,  as  shown  by  the  record  thereof  kept  in  the  treasurer's  office.  If 
such  bond  or  bonds  are  not  presented  within  the  time  specified  in  such 
notice,  the  interest  thereon  shall  then  cease,  and  the  amount  due  be  set 
aside  for  the  payment  of  the  same,  whenever  presented.  All  redemption 
of  bonds  shall  be  made  according  to  the  priority  in  the  order  of  their 
issuance,  beginning  at  the  first  number.  Whenever  such  outstanding 
bonds  are  surrendered  and  paid,  the  treasurer  shall  proceed  to  cancel  the 
same  by  indorsing  on  the  face  thereof  the  amount  for  which  they  are 


47  BONDS.  Acts  383,  384 

received,  the  word  "Canceled"  and  the  date  of  cancellation.  He  shall 
also  keep  a  record  of  such  bonds  so  redeemed,  and  shall  make  a  report 
of  the  same  to  the  common  council,  or  other  governing  body  of  such 
city  or  town,  at  least  once  a  month,  accompanying  the  same  therewith 
by  the  bonds  which  have  been  taken  up  and  canceled. 

§  3.  All  moneys  which  shall  remain  in  said  funding  fund  after  all 
outstanding  bonds  or  indebtedness  as  were  proposed  to  be  refunded  have 
been  taken  up  and  canceled,  shall  be  paid  into  the  general  fund  of  such 
city  or  town,  and  become  a  part  thereof.     [Amended  1901,  p.  275.] 

§  4.  Chapter  eighty-two  of  the  statutes  of  eighteen  hundred  and 
eightj'-three,  chapter  forty-eight  of  the  statutes  of  eighteen  hundred 
and  ninety-three,  and  chapter  one  hundred  and  seventy-six  of  the  statutes 
of  eighteen  hundred  and  ninety-five,  all  being  laws  of  the  state  of  Cali- 
fornia in  conflict  herewith,  are  hereby  repealed. 

§  5.  This  act  shall  take  effect  and  be  in  force  immediately  after  its 
passage. 

This  act  repealed  the  act  of  March  15,  1883,  Stats.  1883,  p.  370,  and  the 
amendatory  acts  of  March  1,  1893,  Stats.  1893,  p.  61,  and  of  March  27,  1895, 
Stats.  1895,  p.  203,  providing  for  the  refunding  of  indebtedness  and  the  issuing 
of  bonds. 

ACT  383. 

An  act  providing  for  submitting  to  a  vote  of  the  qualified  electors  of  a 

county,  or  citv  and  county,  a  proposal  to   issue  bonds.     [Approved 

March  15,  1883.     Stats.  1883,  p.  375.] 

Compare  subd.  13,   §  25,   County  Government  Act,   Stats.   1897,  p.  460. 

ACT  384. 

An  act  to  authorize  the  several  counties  of  this  state  to  create  a  bonded 

indebtedness  for  certain  purposes. 

[Approved  March  19,  1889.     Stats.  1889,  p.  348.] 

Issuance  of  bonds  to  pay  county  indebtedness,  not  created  by  law,  to  be 
submitted  to  a  vote. 
§  1.  "Whenever  it  shall  appear  to  the  satisfaction  of  the  board  of 
supervisors  of  any  county  of  this  state  that  said  county  is  justly  in- 
debted to  any  person  or  persons  for  money  received  into  the  treasury  of 
said  county,  and  used  by  said  county,  and  which  said  indebtedness  at 
the  time  of  its  creation  was  not  authorized  by  law,  they  shall,  by  or- 
dinance, declare  that  said  county  is  justly  indebted  to  the  person  or 
persons  named  in  said  ordinance,  in  a  sum  named  therein,  and  that  the 
question  of  issuing  bonds  in  the  sum  therein  named,  for  the  purpose  of 
paying  said  debt,  shall  be  submitted  to  a  vote  of  the  legal  voters  of  said 
county. 

Notice  of  election. 

§2.  The  supervisors  of  said  county  shall  thereupon  publish  a  notice 
calling  an  election  to  be  held  in  said  county,  submitting  to  the  voters  of 


Act  385.  I  1  GENERAL  LAWS.  48 

said  comity  the  question  whether  said  bonds  shall  be  issued  or  not.  The 
notice  shall  state  the  amount  of  bonds  to  be  issued,  the  purpose  for 
which  they  are  issued;  said  notice  shall  be  published,  and  the  election 
held  as  provided  by  section  thirty-seven  of  an  act  of  the  legislature  of 
the  state  of  California,  entitled  "An  act  to  establish  a  uniform  system  of 
county  and  township  governments,"  approved  March  fourteenth,  eighteen 
hundred  and  eighty-three. 

Return. 

§  3.  If  upon  return  of  the  election  it  shall  appear  that  two-thirds 
of  all  the  voters  voting  at  such  election  have  voted  in  favor  of  issuing 
said  bonds,  the  supervisors  are  required  to  issue  bonds  in  the  sum  named 
in  the  notice  of  election,  payable  to  the  creditors  named  in  said  ordinance; 
said  bonds  shall  bear  interest  at  the  rate  of  five  per  cent  per  annum,  and 
shall  be  payable  at  such  time  as  the  board  of  supervisors  shall  order,  not 
exceeding  twenty  years  from. date.  They  shall  be  signed  by  the  chair- 
man of  the  board  of  supervisors  and  county  clerk. 

Tax  levy  to  pay  interest. 

§  4.  It  shall  be  the  duty  of  the  board  of  supervisors  each  year  to 
levy  a  tax  sufficient  to  pay  the  annual  interest  on  said  bonds,  and  to 
pay  the  principal  as  the  same  shall  become  due. 

This  act  is  to  take  effect  from  and  after  its  passage. 

Compare  subd.   13,   §  25,   County  Government  Act,  Stats.   1897,  p.  460. 

ACT  385. 

An   act  providing  for  the   destruction   of  municipal   bonds   of  municipal 

corporations  where  the  same  have  been  executed  and  remain  unsold. 

[Approved  February  26,  1897.     Stats.  1S97,  p.  34.] 

§  1.  Whenever  there  remain  in  the  possession  of  any  municipal  cor- 
poration in  this  state  any  bonds  voted  to  be  issued  for  municipal  pur- 
poses, which  have  been  executed  but  not  sold  and  disposed  of,  and 
the  sale  and  disposal  of  such  bonds  shall  be  deemed  by  the  board  of 
trustees  or  other  governing  body  of  such  city  to  have  become  impossible 
or  inexpedient,  and  that  their  destruction  is  desirable,  it  shall  be  lawful 
for  said  board  to  give  public  notice  of  its  intention  publicly  to  destroy 
such  bonds  by  a  notice  published  for  four  successive  weeks  in  the  official 
newspaper  of  said  city,  if  there  be  such  a  paper,  and  otherwise,  in  any 
newspaper  published  and  circulated  in  said  city  which  may  be  designated 
by  said  board;  such  notice  shall  specify  the  time  and  place  of  such  in- 
tended destruction,  and  the  reason  alleged  therefor,  together  with  a  gen- 
eral description  of  the  character  and  amount  of  said  bonds.  And  it  shall 
be  lawful  for  said  board,  at  the  time  and  place  and  in  accordance  with 
the  terms  of  said  notice,  publicly  to  destroy  said  bonds  unless  at  least 
three  days  prior  to  said  time,  written  objections  to  such  destruction  shall 
be  filed  with  the  clerk  of  said  city,  signed  by  a  majority  of  the  legal 
voters  of  said  city  as  appears  by  the  vote  cast  at  the  last  preceding 
general  municipal  election. 


49  BONDS.  Act  386,  §§  1-3 

§2.  No  further  or  other  issue  of  bonds  in  place  of  those  thus  .ie- 
stroyed  shall  be  made  by  such  city,  or  its  board  of  trustees,  or  other 
governing  board,  unless  again  authorized  by  a  vote  of  the  people  as 
provided  by  law. 

§3.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

ACT  386. 

An  act  to  authorize  municipal  corporations  to  declare  all  or  any  of  their 
bonded  indebtedness  to  be  at  once  due  and  payable,  to  compromise 
such  bonded  indebtedness  and  to  consent  to  a  judgment  in  favor  of 
the  holders  of  the  same. 

[Approved  March  16,  1903.     Stats.  1903,  p.  164.] 

§  1.  Whenever  any  incorporated  city  or  town  in  this  state  has  an 
outstanding  indebtedness  evidenced  by  the  bonds  thereof  the  common 
council,  board  of  trustees  or  other  governing  body  thereof,  shall  have 
the  power  to  submit  to  the  qualified  electors  of  such  city  or  town  at  any 
election  to  be  held  for  that  purpose,  the  question  of  declaring  all  or  any 
of  such  bonds  to  be  at  once  due  and  payable,  of  compromising  such 
bonded  indebtedness,  of  consenting  to  a  judgment  in  favor  of  the  holders 
of  such  bonds,  and  of  providing  for  the  payment  of  such  judgment  in 
installments. 

Said  election  shall  be  called  and  held  in  the  same  manner  in  which 
other  elections  are  held  in  such  city  or  town.  The  notice  of  such  election 
shall  specify  the  bonded  indebtedness  which  it  is  proposed  to  declare  at 
once  due  and  payable,  the  terms  of  the  proposed  compromise  of  the  same, 
of  the  proposed  judgment  by  consent  in  favor  of  the  holders  of  such 
bonds,  and  the  proposed  method  of  paying  such  judgment  in  installments. 

The  question  shall  be  voted  upon  as  an  entirety.  If  at  such  election 
two-thirds  of  the  qualified  electors  vote  in  favor  of  the  question  sub- 
mitted, the  said  common  council,  board  of  trustees  or  other  governing 
body  shall,  by  ordinance,  declare  the  bonds  described  in  said  notice  of 
election,  to  be  at  once  due  and  payable  and  thereupon  shall  be  authorized 
to  carry  into  effect  the  compromise  and  to  consent  to  the  judgment  speci- 
fied in  such  notice  of  election,  and  to  the  proposed  method  of  paying  the 
same  in  installments,  and  to  designate  by  resolution  the  officers  and 
attorneys  who  shall  sign  the  necessary  documents,  and  to  provide  for 
the  collection  of  an  annual  tax,  sufficient  to  pay  the  interest  on  such 
judgment  as  it  falls  due,  and  such  a  proportion  of  the  principal  thereof 
as  is  designated  in  such  notice  of  election. 

§  2.  No  proceeding  under  section  1  hereof  shall  affect  the  rights 
of  any  nonconsenting  holder  of  any  bond  or  bonds  specified  in  the  notice 
of  election. 

§  3.     In    any    action    brought    upon    any    of    the    bonds    described    in 
the  notice  of  election,  the  judgment  of  any  court  of  competent  jurisdie- 
Gen.  Laws — 4 


Act  387,  §  1  GENERAL  LAWS.  60 

tion  in  such  action,  shall  be  conclusive  as  to  the  regularity  of  all  pro- 
ceedings taken  under  the  provisions  of  section  1  of  this  act. 

§  i.  Whenever  any  action  is  brought  upon  any  of  the  bonds  de- 
scribed in  the  notice  of  election,  the  plaintiff  shall  be  required  to  deposit 
in  the  court  iu  which  such  action  is  brought,  the  bonds  upon  which  he 
sues  and  when  the  judgment  of  such  court,  rendered  in  accordance  with 
the  terms  of  the  proposed  compromise  described  in  such  notice  of  elec- 
tion, becomes  final,  the  bonds  sued  upon  shall  be  delivered  to  the  treas- 
urer of  the  city  or  town  against  which  such  judgment  is  rendered,  to  be 
held  by  him  and  his  successors  in  office  until  such  judgment  shall  have 
been  satisfied  in  full.  If  for  any  reason  such  judgm.ent  should  be  re- 
versed or  set  aside  or  any  orders  or  writs  thereunder  should  be  dis- 
obeyed by  the  defendant  or  its  officers,  it  shall  be  the  duty  •  of  such 
treasurer  to  return  said  bonds  to  the  plaintiff  who  thereupon  may  at  his 
own  option  be  relegated  to  all  the  rights  which  he  held  and  enjoyed 
under  such  bonds,  crediting,  however,  on  such  rights,  all  amounts  already 
received  on  such  judgment.  The  performance  of  the  duty  imposed  herein 
upon  such  treasurer  may  be  enforced  by  the  court  in  which  such  judg- 
ment is  rendered. 

§5.  All  acta  or  parts  of  acts  conflicting  with  this  act  are  hereby 
repealed. 

§  6.     This  act  shall  take  effect  immediately. 

ACT  387. 

An  act  in  relation  to  municipal  bonds. 
[Approved  February  28,  1903.     Stats.  1903,  p.  61.] 

§  1.  Whenever  the  owner  of  any  coupon  bond,  or  of  any  bond 
payable  to  bearer,  already  issued  or  hereafter  issued  by  any  municipal 
corporation  now  or  hereafter  existing  in  this  state,  shall  present  any 
such  bond  to  the  treasurer  or  other  officer  of  such  corporation,  who  by 
law  performs  the  duties  of  treasurer,  with  a  request  for  the  conversion 
of  such  bond  into  a  registered  bond,  such  treasurer,  or  such  other  officer, 
shall  cut  off  and  cancel  the  coupons  of  any  such  coupon  bond  so  pre- 
sented, and  shall  stamp,  print,  or  write  upon  such  coupon  bond,  or  such 
other  bond  payable  to  bearer,  so  presented,  either  upon  the  back  or  upon 
the  face  thereof,  as  may  be  convenient,  a  statement  to  the  effect  that 
the  said  bond  is  registered  in  the  name  of  the  owner,  and  that  there- 
after the  interest  and  principal  of  said  bond  are  payable  to  the  registered 
owner.  Thereafter,  and  from  time  to  time  any  such  bond  may  be  trans- 
ferred by  such  registered  owner  in  person,  or  by  attorney  duly  author- 
ized on  presentation  of  such  bond  to  such  treasurer,  or  such  other  officer, 
and  the  bond  be  again  registered  as  before,  a  similar  statement  being 
stamped,  printed,  or  written  thereon.  Such  statement  stamped,  printed, 
or  written  upon  any  such  bond  may  be  in  substantially  the  following 
form. 


51  BONDS.  Act  388,  §§  1,  2 

(Date,   giving   month,   year,   and   clay.) 
This  bond  is  registered  pursuant  to  the  statute  in  such  cases  made  and 
provided  in  the  name  of  (here  insert  name  of  owner)   and  the  in- 
terest and  principal  thereof  are  hereafter  payable  to  such  owner. 

Treasurer  (or  such  other  officer). 
After  any  bond  shall  have  been  registered  as  aforesaid,  the  principal 
and  interest  of  such  bond  shall  be  payable  to  the  registered  owner. 
Such  treasurer,  or  such  other  officer,  shall  keep  in  his  office  a  book,  or 
books  which  shall  at  all  times  show  what  bonds  are  registered  and  in 
whose  names  respectively. 

§  2.  Whenever  under  any  statute  of  this  state  or  any  charter  of 
any  municipal  corporation  in  this  state,  any  bonds  are  issued,  whether 
the  proceedings  for  the  issuance  of  such  bonds  have  been  had  in  whole 
or  in  part  prior  to  the  enactment  of  this  statute,  or  whether  the  same 
have  been  had  in  whole  or  in  part  after  the  enactment  of  this  statute, 
such  bonds  may  be  issued  either  in  the  form  of  coupon  bonds,  or  in  the 
form  of  registered  bonds,  or  some  in  the  form  of  coupon  bonds,  and 
some  in  the  form  of  registered  bonds,  as  has  been  or  hereafter  may  be 
provided  in  the  proceedings  for  the  issuance  of  such  bonds,  and  not- 
withstanding any  language  or  provision  to  the  contrary  contained  in 
any  such  statute  or  charter  authorizing  the  issuance  of  the  bonds,  or  in 
any  other  law  of  the  state.  The  provisions  of  section  1  of  this  act 
shall  apply  to  coupon  bonds,  so  issued,  as  well  as  to  other  coupon  bonds, 
or  other  bonds  payable  to  bearer. 

§  3.     This  act  shall  take  effect  immediately. 

ACT  388. 

An  act  to  authorize  municipal  corporations  to  issue  bonds,  for  the  pur- 
pose of  investing  the  proceeds  arising  from  the  sale  thereof,  in 
other  bonds  issued  for  public  improvements. 

[Approved  April  26,  1909.     Stats.  1909,  p.  1096.] 

Bonds  to  provide  funds  for  improvement. 

§1.  Any  municipal  corporation  in  the  state  of  California  may  incur 
a  bonded  indebtedness  to  -provide  a  fund  to  be  called  a  "general  im- 
provement fund,"  and  said  fund  may  be  invested  or  reinvested  in  any 
bonds  issued  by  such  municipality,  or  bonds  issued  for  street  work  or 
other  public  improvements,  under  any  act  of  the  legislature  providing 
for  the  performance  of  street  work  or  other  public  improvements. 

How  issued. 

§2.  The  bonds  authorized  to  be  issued  under  the  provisions  of  this 
act  shall  be  called  "investment  bonds,"  and  shall  be  issued  in  the  manner 
provided  for  in  an  act  entitled  "An  act  authorizing  the  incurring  of  in- 
debtedness by  cities,  towns  and  municipal  corporations  for  municipal  im- 
provements, and  regulating  the  acquisition,  construction  and  completion 


Act  389,  §  1  GENERAL  LAWS.  52 

thereof,"  in  effect  February  25,  1901,  and  amendments  thereto;  provided, 
that  the  ordinance  calling  for  the  election  therein  provided  for,  need  not 
contain  any  statement  as  to  the  estimated  cost  of  the  proposed  public 
improvement.  Such  bonds  when  issued,  shall  be  redeemed  and  paid  as 
provided  in  the  above  herein  mentioned  act. 

Investment  of  bonds.     Eeinvestment. 

§  3.  It  shall  be  the  duty  of  the  legislative  branch  of  every  town, 
city  or  municipal  corporation  availing  itself  of  this  act,  to  keep  the 
funds  arising  from  the  sale  of  bonds  issued  under  this  act,  separate  and 
distinct  from  all  other  municipal  funds,  and  to  invest  and  reinvest  the 
same  in  the  serial  improvement  bonds  issued  for  street  sewer,  drainage 
or  other  improvements  within  said  municipality,  and  to  collect  the  in- 
terest on  said  bonds  and  credit  the  same  to  said  fund,  and  said  municipal- 
ity shall  have  the  right  to  sell,  at  the  discretion  of  its  legislative  branch, 
any  of  said  serial  bonds  by  it  purchased,  provided  that  they  shall  not 
sell  said  bonds  at  a  price  less  than  the  price  paid  therefor,  and  said  pur- 
chase price  of  said  bonds  so  sold,  together  with  the  accrued  interest 
thereon,  shall  be  credited  to  the  said  "general  improvement  fund,"  and 
may  be  again  reinvested  in  serial  bonds,  as  aforesaid,  the  intention  being 
that  said  general  improvement  fund  shall  constitute  a  revolving  fund, 
for  the  purpose  of  enabling  the  property  owners  to  pay  their  serial  bonds 
in  annual  installments  to  the  city,  and  thus  enable  the  municipality  to 
let  contracts  for  the  completion  of  said  improvement,  on  a  cash  basis. 

§  4.  The  provisions  of  this  act  shall  not  repeal  nor  modify  the  pro- 
visions of  any  other  act. 

§5.  This  act  shall  take  effect  and  be  in  full  force  and  effect  from  and 
after  ita  passage. 

ACT  389. 

An  act  to  legalize  bonds  to  be  issued  and  sold  by  municipalities  where 
authority   for   such   issuance   has   already   been   given   by  a   vote   of 
more  than  two-thirds  of  the  electors  of  such  municipality. 
[Approved  March  24,  1909.     Stats.  1909,  p.  689.] 

§  1.  In  all  cases  where  the  legislative  branch  of  any  municipality  in 
the  state  of  California,  organized  under  an  act  of  the  legislature  of  said 
state,  entitled:  "An  act  to  provide  for  the  organization,  incorporation 
and  government  of  municipal  corporations,"  approved  the  13th  day  of 
March,  1883,  has  deemed  it  necessary  to  incur  any  indebtedness  in  ex- 
cess of  the  money  in  the  treasury,  applicable  to  the  purpose  for  which 
said  indebtedness  is  to  be  incurred,  and  has  called  a  special  election  of 
the  qualified  electors  of  such  municipality  to  determine  whether  such  in- 
debtedness as  specified  in  the  resolution  or  ordinance  calling  such  elec- 
tion shall  be  incurred,  and  where,  at  such  election,  not  less  than  two- 
thirds  of  all  the  qualified  electors  voting  at  such  election  shall  have 
voted  in  favor  of  incurring  such  indebtedness,  and  such  legislative 
branch  of  such  municipality  shall  have  passed  an  ordinance  providing 


53  BOOMS — BOUNTIES.  Acts  392-403 

for  the  mode  of  creating  such  indebtedness  and  of  paying  the  same,  and 
the  mode  of  creating  such  indebtedness  has  been  by  the  proposed  issu- 
ance of  the  bonds  of  such  municipality  all  the  proceedings  of  such 
municipality  leading  up  to  and  including  the  issuance  and  the  proposed 
issuance  of  such  bonds  are  hereby  validated,  legalized,  ratified,  confirmed 
and  declared  valid  to  all  intents  and  purposes;  and  all  such  bonds,  sold 
after  the  passage  of  this  act  for  not  less  than  their  par  value  are  hereby 
legalized  and  declared  to  be  legal  and  valid  obligations  of  and  against 
such  municipality  so  issuing  and  selling  the  same,  and  the  faith  and 
credit  of  such  municipality  is  hereby  pledged  for  the  prompt  payment 
and  redemption  of  the  principal  of  such  bonds  and  the  coupons  thereto 
attached;  provided  this  act  shall  not  operate  to  legalize  any  bonds  of  any 
municipality  already  sold  or  any  bonds  that  have  not,  at  the  time  of  the 
passage  of  this  act,  been  authorized  by  not  less  than  two-thirds  of  the 
qualified  electors  of  such  municipality  voting  at  any  such  election. 

§  2.     This  act  shall   take  effect  and  be  in  force   from   and   after  ita 
passage. 

Former  act  on  this  subject  can  be  found  in  Stats.  1907,  p.  10-1. 
Citations.     Cal.  151/478. 

TITLE  56. 
BOOMS. 
ACT  392. 

Authorizing  boards  of  supervisors   to   grant  franchises   for  constructing 
booms.     [Stats.  1881,  p.  25.] 
Superseded   by    subd.    35,  §  25,    County    Government   Act,    1897,    p.    466.     Re- 
pealed 1901,  p.  265. 

TITLE  57. 
BOUNDAEIES  OP  STATE. 
ACT  397. 

To  provide  for  the  correction  and  establishment  of  the  eastern  boundary 

of  the  state.     [Stats.  1889,  p.  38.] 

Perhaps  obsolete,  for  it  provided  the  work  was  to  be  done  in  one  year. 

ACT  398. 

To  define  and  establish  a  portion  of  the  eastern  boundary  of  the  state  of 
California.  [Became  a  law  under  constitutional  provision  without 
governor's  approval,  March  1,  1901.     Stats.  1901,  p.  89.] 

TITLE  58. 

BOUNTIES. 
ACT  403. 

Fixing  a  bounty  on  coyote  scalps.     [Stats.  1891,  p.  280.] 
Repealed  1895,  p.  1. 

Citations.      Cal.  106/116,    120,    125;    141/355;    144/683,    686,   689,    693,    694, 
696. 

Construed  in  Bickerdike  v.  State,  144  Cal.  681,  698. 


Acts  408-419  GENERAL  LAWS.  64 

TITLE  59. 

BRANCIFOETE. 
ACT  408. 

To  settle  land  titles  in  the  town   of  Branciforte,  Santa   Cruz   County. 
[Stats.  1863-64,  p.  443.] 

TITLE  60. 
BRAZOS  DEL  EIO. 
ACT  413. 

Changing  the  name  of  the  town  of  Brazos  del  Eio  in  Solano  county  to 
Eio  Vista.     [Stats.  1861,  p.  12.] 

TITLE  61. 

BEIDGES. 
ACT  418. 
Authorizing    cities    to    maintain    drawbridges    across    navigable    streams 

flowing  through  or  penetrating  the  boundaries  of  such  cities.     [Stats, 

1883,  p.  295.] 

ACT  419. 

An  act  concerning  bridges  across  navigable  streams. 
[Approved  February  25,  1897.     Stats.  1897,  p.  21.] 

§  1.  The  board  of  supervisors  of  any  county  in  this  state  now  con- 
trolling or  maintaining,  by  virtue  of  any  statute,  any  bridge  across  any 
navigable  stream  wholly  or  in  part  within  the  boundary  lines  of  any 
municipal  corporation,  is  hereby  authorized  and  empowered,  whenever  it 
may  become  necessary,  in  the  interest  of  commerce  or  by  reason  of  any 
such  bridge  being  out  of  repair,  to  reconstruct  and  rebuild  any  part  of 
such  bridge,  or  replace  such  bridge  by  a  new  structure,  or  with  the  con- 
sent of  the  governing  bodies  of  such  municipalities  change  the  location 
of  such  bridge  to  such  place  on  such  stream  as  may  be  better  suited  to 
its  use,  or  to  the  use  of  such  navigable  stream;  and  the  board  of  super- 
visors of  any  county  is  hereby  authorized  to  abandon  any  such  existing 
bridge  and  rebuild  a  new  bridge  at  such  changed  location,  and  the  board 
of  supervisors  of  any  such  county  so  rebuilding  and  reconstructing  said 
bridge  may  enter  into  an  agreement  with  any  person  or  corporation,  now 
maintaining  any  bridge  across  any  such  navigable  stream,  for  the  build- 
ing of  a  joint  bridge  for  the  purpose  of  preventing  the  impeding  of  com- 
merce on  such  navigable  streams,  and  of  apportioning  the  expense  be- 
tween said  county  and  said  person  or  any  corporation,  in  such  manner 
as  may  be  agreed  upon  between  said  county  and  said  person,  or  corpora- 
tion. 

§2.  The  expense  of  said  reconstruction,  or  the  building  of  a  new 
bridge,  to  be  payable  out  of  the  same  fund  as  is  now  provided  by  law 
for  the  maintenance  and  repair  of  any  such  bridge;  provided,  that  in  case 
said  county  should  make  su<?b  agreement  with  said  person  or  corporation 


65  BRIDGES,  Act  420,  §§1-5 

for  the  building  of  any  joint  bridge,  that  only  the  county's  portion  of 
said  joint  bridge,  as  may  be  settled  by  said  agreement,  shall  be  paid 
from  the  said  funds;  and,  provided,  that  in  no  event  shall  the  county  pay 
more  than  one-half  the  cost  of  construction,  repair  or  reconstruction  of 
any  such  joint  bridge. 

§  3.     All  acts  or  parts  of  acts  in  conflict  herewith  are  hereby  repealed. 
§4,     This  act  shall  take  effect  from  and  after  its  passage. 
ACT  420. 

An  act  to  provide  for  bridges  across  navigable  streams,  and  across 
estuaries,  ponds,  swamps,  or  arms  of  bays  that  may  be  outside  of 
the  line  of  navigable  waters. 

[Approved  March  14,  1881.     Stats.   1881,  p.  76.] 

Power  of  supervisors  to  erect  bridges. 

§1.  The  power  to  erect  bridges  on  public  highways  across  navigable 
streams  in  this  state,  or  to  grant  franchises  to  individuals,  or  corpora- 
tions for  the  same,  is  hereby  granted  to  the  boards  of  supervisors  of  the 
several  counties  of  the  state,  under  the  restrictions  of  this  act. 

Regulation  of  tolls,  by  whom  exercised. 

§  2.  The  power  to  grant  franchises  to  individuals  or  corporations  to 
construct  bridges,  and  the  regulation  of  tolls  thereon,  shall  be  exercised 
by  the  county  on  the  left  bank  of  all  streams. 

Supervisors  may  join  between  counties. 

§  3.  Where  a  navigable  stream  is  the  boundary  line  between  the  coun- 
ties, the  boards  of  supervisors  of  such  counties  may  join  in  the  construc- 
tion of  a  bridge,  upon  such  terms  as  may  be  agreed  upon;  provided,  how- 
ever, that  in  case  of  a  failure  to  agree,  either  county  may  build  the 
bridge  and  maintain  control  thereof. 

Notify  state  engineer. 

§4.  Whenever  the  supervisors  of  any  county  or  counties  desire  to 
erect  a  bridge  on  any  public  highway,  or  to  grant  the  privilege  so  to  do 
to  any  individual  or  corporation,  across  a  navigable  stream,  under  the 
provisions  of  this  act,  said  board,  or  boards  shall  notify  the  state  engineer 
of  such  purpose,  and  of  the  precise  point  where  such  bridge  is  proposed 
to  be  located.  The  state  engineer  -shall,  within  ten  days  of  the  receipt 
of  such  notice,  designate  the  width  of  the  draw  to  be  made  in  such  bridge, 
and  also  the  length  of  the  spans  necessary  to  permit  the  free  flow  of 
water. 

Hearing  before  state  engineer, 

§5.  The  communication  from  the  state  engineer,  fixing  the  draw  and 
spans,  shall  be  spread  upon  the  minutes  of  the  board,  and  any  bridge 
constructed  at  that  point  shall  be  in  conformity  therewith;  provided, 
however,  that  the  state  engineer  may,  upon  hearing  before  him,  had  upon 
tlie  application  of  any  person  or  body  interested,  made  within  ten  days 


Act  421,  §1  GENERAL  LAWS.  60 

after  the  receipt  by  said  board  of  supervisors  of  said'  communication  of 
said  engineer,  change  his  first  plans,  in  which  case  the  modified  plans 
must  be  so  spread  upon  the  minutes,  and  shall  stand  in  the  place  of  the 
original;  provided,  however,  that  before  such  hearing  is  had,  the  said 
engineer  must  give  ten  days'  notice  by  publication  in  some  newspaper 
published  in  the  county  or  counties  from  which  the  application  came,  of 
the  time   and  place  of  the   hearing. 

Surveyor  general,  when  may  act. 

§  6.  In  case  of  the  absence  or  inability  of  the  state  engineer  to  act, 
the  duties  devolving  upon  him  under  this  act  shall  be  performed  by  the 
state  surveyor  general. 

Rates  of  toll,  by  whom  fixed. 

§  7.  When  a  bridge  shall  be  built  on  a  navigable  stream  by  one 
county,  or  two  counties,  it  may  be  absolutely  free,  or  tolls  sufficient  to 
pay  in  whole  or  in  part,  for  the  construction,  and  to  keep  up  the  re- 
pairs and  expenses  thereof,  may  be  charged;  the  rate  to  be  fixed  by  the 
board,  of  supervisors  of  the  county  in  which  the  same  is  located,  or, 
if  located  in  two  counties,  then  by  the  board  of  supervisors  of  the  two 
counties,  or  if  there  be  any  disagreement  between  said  boards,  as  to  im- 
posing or  removing  tolls,  or  the  rate,  the  matter  in  dispute  shall  be 
referred  to  the  board  of  supervisors  of  some  neighboring  county  for 
determination,  and  its  decision,  communicated  in  writing  to  the  clerks 
of  the  said  boards  respectively,  shall  be  final;  and  if  tolls  are  fixed  or 
removed  thereby,  the  same  shall  take  effect  on  the  tenth  day  from 
the  date  of  such  written  determination. 

Supervisors  to  declare  necessity  for  building  bridges. 

§  8.  The  board  of  supervisors,  or  other  governing  body  of  any  city 
and  county,  or  county,  in  this  state,  shall  have  power  to  declare  that 
it  is  necessary  for  the  public  convenience  to  have  a  bridge  or  bridges 
built  across  any  estuary,  swamp,  pond,  or  arm  of  a  bay  that  may  lie  or 
extend  into  the  county,  or  city  and  county,  and  prescribe  the  points  be- 
tween which  said  bridge  or  bridges  shall  be  built,  and  when  they  shall 
have  specified  the  points  between  which  it  is,  in  their  judgment,  neces- 
sary to  build  the  said  bridge  or  bridges,  they  may  let  contracts  to  build 
the  bridges,  as  aforesaid,  and  pay  for  the  same  out  of  the  general  fund 
of  the  city  and  county,  or  county. 

§  9.     This  act  shall  take  effect  immediately. 

ACT  421. 

An  act  to  enable  adjoining  counties  to  enter  into  agreements  for  the 
construction,  rebuilding,  replacing,  or  relocation  of  bridges  over 
navigable  waters  between  said  counties,  jointly  with  other  persons 
or  corporations. 

[Approved  March  23,  1907.     Stats.  1907,  p.  982.] 

§  1.  In  case  it  shall  appear  to  the  boards  of  supervisors  of  two 
adjoining  counties  that  any  bridge  shall  be  necessary  for  highway  pur- 


57  BROOKLYN— BUILDING    AND    LOAN    ASSOCIATIONS.     Acts  425,  429 

poses,  over  any  navigable  river,  stream,  or  inlet  of  the  sea,  between 
said  counties,  or  if  any  bridge  existing  thereover  and  used  wholly  or  in 
part  for  highway  purposes,  (whether  the  same  is  owned  by  said  counties 
or  either  of  them,  or  used  by  them  or  either  of  them  by  agreement  with 
the  owner  thereof,)  shall,  in  the  interests  of  commerce,  or  by  reason  of 
such  bridge  being  out  of  repair  or  deteriorated  beyond  reasonable  re- 
pair, require  reconstruction,  or  rebuilding,  or  replacing  by  a  new  struc- 
ture, or  its  location  to  be  changed  to  such  place  on  such  navigable  river, 
stream,  or  inlet  of  the  sea,  as  may  be  better  suited  to  its  use,  or  to  the 
use  of  such  navigable  water,  or  may  tend  to  prevent  obstruction  to 
commerce  thereon,  the  boards  of  supervisors  of  such  counties  may,  in 
their  discretion,  enter  into  an  agreement  with  any  person  or  corporation 
for  the  building  of  a  joint  bridge,  or  the  reconstruction,  or  rebuilding, 
or  replacing  by  a  new  structure  of  such  existing  bridge,  or  the  rebuild- 
ing thereof  at  another  location,  and  the  joint  use  of  the  same  thereafter 
by  such  person  or  corporation,  and  said  counties  or  the  public,  and  for 
apportioning  the  expense  of  such  joint  reconstructed  or  relocated  bridge 
between  said  counties  and  each  of  them  and  such  person  or  corporation 
jointly  using  or  to  use  the  same,  and  to  provide  for  the  construction  and 
use  thereof  in  such  manner  and  upon  such  terms  and  conditions  as  may 
be  agreed  upon  between  such  counties  and  such  person  or  corporation. 
In  such  case  none  of  the  provisions  of  subdivision  4  of  section  25  of 
an  act  entitled  "An  act  to  establish  a  uniform  system  of  county  and 
township  government,"  approved  April  1,  1897,  shall  be  applicable  there- 
to; provided,  that  in  no  event  shall  either  county  agree  to  contribute 
more  than  one-third  of  the  cost  of  construction,  reconstruction,  reloca- 
tion, or  repair  of  any  such  joint  bridge. 

§  2.     This  act  shall  take  effect  immediately. 

TITLE  62. 
BEOOKLYN. 
ACT  425. 

Incorporating  Brooklyn.     [Stats.   1869-70,  p.   680.] 
Amended  1871-72,  p.  409. 
Brooklyn  is  now  a  part  of  Oakland. 

TITLE  63. 
BUILDING  AND  LOAN  ASSOCIATIONS. 

ACT  429. 

An  act  creating  a  bureau  of  building -and  loan  supervision;  providing 
for  the  appointment  of  administration  officials  therefor  to  be  known 
as  the  building  and  loan  commissioners;  prescribing  their  duties, 
powers  and  compensation;  providing  for  a  secretary,  his  powers  and 
compensation;  providing  for  the  rental  of  offices  for  the  use  of  the 
bureau  and  for  traveling  and  office  expenses;  providing  a  system 
for  licensing  building  and  loan  and  other  associations,  and  for  as- 
sessing and  collecting  the  license  fees  necessary  to  meet  the  salaries 
and  other  expenses;   providing  a  course   of  procedure  where  viola- 


Act  429,  §§1-3  GENERAL  LAWS.  58 

tions  of  law,  or  unsafe  practices  are  found  to  exist,  or  are  reported 
by  the  commissioners  to  the  attorney-general;  providing  for  invol- 
untary liquidation  by  trustees,  and  proceedings  in  connection  there- 
with; providing  for  exemption  of  property  of  associations  in  liquida- 
tion from  attachments,  executions  and  liens,  pending  liquidation; 
providing  for  and  requiring  associations  to  procure  licenses,  pay  as- 
sessments levied  for  pro  rata  of  salaries  and  expenses,  and  to  make 
and  file  reports;  providing  penalties  for  violations  of  law  and  orders 
of  the  commissioners;  providing  for  succession  in  office,  and  repeal- 
ing all  acts  and  parts  of  acts  in  conflict  herewith. 
[Approved  March  21,  1905.  Stats.  1905,  p.  659.  Amended  1907,  p.  931; 
1909,  p.   544.] 

§  1.  There  is  hereby  created  a  bureau,  to  be  known  and  designated  as 
the  "Bureau  of  Building  and  Loan  Supervision,"  with  powers  of  super- 
vision, examination  and  license  of  all  building  and  loan  associations, 
mutual  loan  associations,  co-operative  home  associations,  and  all  other  cor- 
porations, associations  and  societies,  whenever,  wherever  and  however 
formed,  which,  in  the  judgment  of  the  administration  of  said  bureau,  are 
based,  or  are  operating  on  plans  or  methods  similar  to  building  and  loan 
associations  as  defined  in  section  648  of  the  Civil  Code;  it  is  also  charged 
with  the  enforcement  of  all  laws  designed  for  the  formation,  govern- 
ment or  operation,  in  this  state,  of  any  such  association,  corporation  or 
society. 

§2.  The  administration  of  said  bureau  shall  be  vested  in  two  com- 
missioners, to  be  known  and  designated  as  the  "Building  and  Loan  Com- 
missioners," who  shall  be  appointed  by  the  governor  (except  as  herein 
provided)  and  commissioned  to  hold  office  for  the  term  of  four  years  and 
until  their  successors  shall  be  appointed  and  have  qualified.  They  must 
be  citizens  of  this  state  and  residents  of  different  counties;  and  they 
must  not  be  in  any  way  connected  with  any  association,  corporation  or 
society  coming  under  their  supervision.  They  shall  be  authorized  and 
empowered  to  appoint  a  secretary,  with  powers  of  examination  the  same 
as  their  ov.'n,  who  must  be  a  practical,  skilled  accountant,  fully  con- 
versant with  building  and  loan  accounts. 

§3.  The  commis.sioners  shall  each  receive  a  salary  of  three  thousand 
dollars  per  annum,  and  their  secretary  shall  receive  a  salary  of  not  ex- 
ceeding eighteen  hundred  dollars  per  annum..  There  shall  also  be  al- 
lowed and  paid  the  necessary  traveling  expenses  of  the  commissioners 
and  their  secretary,  not  to  exceed  the  sum  of  two  thousand  dollars  per 
annum.  The  commissioners  shall  pirocure  and  have  an  office  in  the  city 
of  San  Francisco,  which  office  shall  be  kept  open  for  business  every  busi- 
ness day,  during  such  hours  as  are  commonly  observed  by  the  banks  of 
that  city  as  banking  hours,  and  they  may  also,  when  in  their  judgment 
it  is  necessary,  procure  and  have  an  office  in  the  city  of  Los  Angeles. 
For  said  offices  there  shall  be  allowed  and  paid  a  total  rental  of  not 
exceeding  one  hundred  dollars  per  month.  Said  commissioners  may  also 
provide   such   fuel,   stationery,    printing,   postage,   office   help   and   other 


59  BUILDING   AND    LOAN   ASSOCIATIONS.  Act  429, §§4-6 

necessary  conveniences  as  may  be  requisite  in  such  office,  at  a  cost 
not  to  exceed  in  the  aggregate,  the  sum  of  five  hundred  dollars  per 
annum.  All  said  salaries  and  expenses  shall  be  audited  and  paid  in  the 
same  manner  as  the  salaries  and  expenses  of  other  state  officers. 
[Amendment  approved  March  20,  1909.  Stats.  1909,  p.  545.  In  effect 
immediately.     Also  amended  1907,  p.  931.] 

§4.  Before  entering  upon  their  respective  duties  the  commissioners 
must  each  execute  an  official  bond  in  the  sum  of  five  thousand  dollars 
and  the  secretary  a  like  bond  in  the  sum  of  two  thousand  dollars,  an"d 
each  must  take  the  oath  of  office  as  prescribed  by  the  Political  Code  for 
state   officers  in   general. 

§5.  It  shall  be  th§  duty  of  the  commissioners  to  furnish  to  all  as- 
sociations, corporations  or  societies,  which,  in  their  judgment,  legally 
come  under  their  jurisdiction,  and  that  have  otherwise  complied  with 
the  requirements  of  law,  a  license  authorizing  them  to  transact  business 
for  one  year  from  the  date  of  said  license;  to  receive  and  place  on  file 
in  their  office  the  annual  or  other  reports  required  by  law  to  be  made 
by  building  and  loan  associations  or  other  corporations  or  societies 
licensed  by  them;  to  supply  each  with  blank  forms  for  such  statements; 
and  to  make,  on  or  before  the  first  day  of  October  in  each  year,  a  tab- 
ulated report  to  the  governor  of  the  state,  showing  the  condition  of  all 
such  associations,  corporations  or  societies  reporting  to  them,  with  such 
recommendation  as  they  may  deem  proper,  accompanied  by  a  detailed' 
statement  of  all  m.oneys  received  by  them  since  their  last  report,  and  the 
disposition  thereof. 

§  6.  It  shall  be  the  duty  of  one  or  both  of  the  commissioners,  in 
person,  at  least  once  in  each  year,  without  previous  notice,  to  visit  and 
examine  into  the  affairs  of  every  such  association,  corporation  or  society 
licensed  by  them,  incorporated  or  doing  business  in  this  state;  on  such 
occasions  they  shall  have  free  access  to  all  the  books,  records,  securities 
and  papers  of  every  such  association,  corporation  or  society,  and  shall 
first  count  the  cash  and  check  the  bank  balance  of  such  corporation  or 
association  with  the  proper  amount  of  funds  as  shown  by  the  books  to 
be  on  hand  and  at  the  date  and  hour  of  such  examination,  and  shall 
then  examine  and  verify  the  books,  accounts,  and  securities,  and,  so  far 
as  possible  and  consistent,  the  values  of  all  property  owned  or  held 
as  collateral  security  for  moneys  loaned,  and  otherwise  use  reasonable 
diligence  to  ascertain  the  financial  condition  and  solvency  thereof.  They 
and  their  secretary  shall  have  power  to  -administer  oaths  in  the  Hue  of 
duty,  and  to  examine  under  oath  the  officers,  employees  and  agents,  or 
the  custodian  or  receiver,  relative  to  any  or  all  the  business  thereof. 
The  commissioners  or  their  secretary  or  representative  shall  receive  for 
any  examination  into  the  books  and  affairs  of  any  such  association,  cor- 
poration or  society  formed  outside  of  the  state  of  California  and  applying 
for  a  license  to  do  business  in  this  state,  their  reasonable  expenses,  which 
shall  be  paid  by  the  association,  corporation  or  society  so  examined;  pro- 
vided, that  they  may  accept  the  result  of  any  such  examination  made  by 


Act  429,  §§7-9  GENERAL  LAWS.  60 

the   duly   constituted   authorities   of    any   state    having   similar   laws   of 
supervision. 

§  7.  To  facilitate  the  examinations  specified  in  the  foregoing  section, 
they  shall  require  every  such  association,  corporation,  or  society  to 
keep  its  books  in  such  form  as  to  accurately  show  its  assets  and  liabil- 
ities in  detail  and  to  keep  records  written  in  ink,  showing  the  appraised 
and  assessed  values  of  the  real  estate  security  held  in  connection  with 
each  loan,  and  signed  in  each  case  by  the  appraiser,  officer  or  committee 
charged  with  making  such  estimated  valuations.  The  commissioners 
shall  make  a  revaluation  of  the  real  estate  owned,  and  of  the  other 
securities  of  any  such  association,  corporation  or  society  licensed  by 
them,  on  which  the  loan  payments  may  be  delinquent  for  six  months  or 
more,  and  may,  for  that  purpose,  appoint  local  appraisers,  who  shall  be 
disinterested  persons,  at  the  expense  of  such  association,  corporation  or 
society;  the  expense  of  such  appraisement  to  be  fixed  by  the  commis- 
sioners, but  not  to  exceed  the  sum  of  five  dollars  for  property  located 
outside  of  any  incorporated  limits  and  three  dollars  for  property  located 
inside  of  any  incorporated  limits  for  each  property  so  examined  and  ap- 
praised. Each  appraiser  so  appointed  shall  be  required  to  make  a  sworn 
report  to  the  commissioners  of  his  estimated  valuations  of  all  property 
so  examined  and  appraised. 

§8.  The  commissioners  shall  have  power  to  issue  subpoenas  and  re- 
quire attendance  of  any  or  all  trustees,  or  agents  of  any  such  association, 
corporation  or  society,  and  such  other  witnesses  as  they  may  deem  neces- 
sary, in  relation  to  its  affairs,  transactions  and  condition,  and  any  such 
person  so  served  with  such  subpoena  may  upon  application  of  the  com- 
missioner be  required  by  order  of  the  superior  court  of  the  county  where 
the  corporation,  association  or  society  has  its  principal  place  of  business, 
to  appear  and  answer  such  pertinent  questions  as  may  be  put  to  him  by 
such  commissioner  and  be  required  to  produce  such  books,  papers  or  docu- 
ments in  his  possession  as  may  be  required  by  such  commissioner. 

§  9.  If  the  commissioners,  upon  any  examination,  or  from  any  re- 
port made  to  them  or  to  the  shareholders,  shall  find  that  any  association, 
corporation  or  society  licensed  by  them,  is  violating  the  provisions  of  its 
charter  or  of  the  laws  of  this  state  provided  for  its  government,  or  is 
conducting  its  business  in  an  unsafe  or  unauthorized  manner,  they  may, 
by  an  order,  addressed  to  the  association,  corporation  or  society  so  offend- 
ing, direct  a  discontinuance  of  such  violations  or  unsafe  practices  and  a 
conformity  with  all  the  requirements  of  law;  and  if  such  association, 
corporation  or  society  shall  refuse  or  neglect  to  comply  with  such  order 
within  the  time  specified  therein;  or  if  it  shall  appear  to  the  commis- 
sioners, in  their  opinion,  that  any  such  association,  corporation  or  society 
is  in  an  unsafe  condition,  or  is  conducting  its  business  in  an  unsafe  man- 
ner, such  as  to  render  its  further  proceeding  hazardous  to  the  public  or 
to  those  having  funds  in  its  custody,  they  shall  notify  the  attorney 
general  of  such  facts  and  furnish  him  with  a  statement  showing  its  con- 
dition, as  the  same  may  have  been  found  to  exist;  at  the  same  time  they 


61  BUILDING  AND  LOAN   ASSOCIATIONS.  Act  429,  §  10 

shall  notify  the  officers  of  such  association,  corporation  or  society  of  the 
fact  of  such  report  having  been  made  and  direct  them  to  cease  the  trans- 
action of  any  new  business,  and  to  hold  all  moneys,  securities  and  prop- 
erty intact,  pending  the  action  of  the  attorney  general  on  such  report. 
The  attorney  general  shjiU  thereupon  apply  to  the  superior  court,  of  the 
county  in  -which  such  association,  corporation  or  society  has  its  prin- 
cipal place  of  business,  to  issue  an  injunction  restraining  it,  in  whole 
or  in  part,  from  further  proceeding  with  its  business  until  a  hearing 
can  be  had.  Such  court  may,  in  such  application,  issue  such  injunc- 
tion, and  after  a  full  hearing  may  dissolve  or  modify  it,  or  make  it  per- 
petual, and  may  make  such  orders  and  decrees  according  to  the  course 
of  proceedings  in  equity,  to  restrain  or  prohibit  the  further  prosecu- 
tion of  business  by  such  association,  corporation  or  society,  as  may  be 
needful  in  the  premises;  and  may  appoint  one  or  more  receivers  to 
take  possession  of  its  property  and  effects,  subject  to  such  directions 
as  may  from  time  to  time  be  prescribed  by  the  court;  or  it  may,  by  its 
decree,  order  and  direct  that,  in  lieu  of  the  appointment  of  a  receiver, 
the  business  and  affairs  be  liquidated  by  a  board  of  trustees  equal  in 
number  to  the  board  of  directors,  to  be  elected  by  the  shareholders,  at  a 
meeting  thereof,  to  be  called  for  such  purpose  and  held  within  two  weeks 
from  and  after  the  first  Monday  succeeding  the  date  of  such  order  and 
decree;  such  meeting  to  be  called  and  held  on  the  order  of  the  commis- 
sioners, one  of  whom  shall  be  present  and  preside  until  such  election 
shall  be  had;  whereupon  he  shall  report  the  result  to  the  proper  court, 
and  thereupon  the  term  of  office  of  the  existing  board  of  directors  and 
of  all  the  officers  shall  cease  and  •determine.  Such  board  of  trustees, 
when  so  elected,  shall  at  once  assume  office  and  have  possession  and  con- 
trol of  all  the  property  and  assets  for  the  purpose  of  liquidation;  and 
such  liquidation  shall  be  conducted  by  such  board  under  the  supervision 
of  the  commissioners,  who  shall  have  full  power  to  limit  the  time  within 
which  it  shall  be  accomplished,  and  to  limit  the  number  of  employees  and 
the  salaries  and  expenses  that  shall  be  allowed  and  paid.  The  issuance 
of  an  injunction,  in  the  manner  herein  provided,  shall  operate  to  dissolve 
or  stay  any  and  all  attachments  or  executions  initiated  or  levied  within 
thirty  days  next  preceding  the  date  of  notification  of  the  attorney  gen- 
eral by  the  commissioners;  and,  pending  the  process  of  liquidation  as 
ordered  by  the  court,  no  attachment  or  execution  shall  be  levied,  nor  lien 
created,  upon  any  of  the  property  of  such  association,  corporation  or 
society. 

§  10.  Whenever  a  receiver  or  receivers  a-re  appointed,  or  trustees 
elected  in  lieu  thereof,  the  commissioners  shall  require  the  president  and 
secretary  of  such  association,  corporation  or  society  to,  and  such  officers 
shall,  make  a  schedule  of  all  its  property  and  make  oath  that  such 
schedule  sets  forth  all  the  property  which  such  association,  corporation  or 
society  owns  or  is  entitled  to,  and  deliver  said  schedule  and  possession 
of  the  property  to  the  receivers  or  to  the  trustees,  and  a  copy  of  such 
schedule  to  the  commissioners,  who  may  at  any  time  examine  under  oath 
such  president  and  secretary,  or  other  officers,  to  determine  whether  or 


Act  429,  §§  11-14  GENERAL  LAWS.  63 

not  all  tbe  property  which  such  association,  corporation  or  society  owns, 
or  is  entitled  to,  has  been  transferred  to  such  receivers  or  trustees. 

§  11.  Eeceivers,  or  trustees  elected  in  lieu  thereof,  must,  at  least  an- 
nually, make  due  report  of  all  their  doiugs  and  accounts  to  the  proper 
court,  and  immediately  thereafter  file  a  copy  thereof  with  the  commis- 
sioners; and  the  commissioners  shall,  at  least  once  in  each  year  and  as 
much  oftener  as  they  may  deem  expedient,  examine  the  accounts,  doings 
and  reports  of  such  receivers  or  trustees,  and,  for  such  purpose,  shall 
have  full  and  free  access  to  all  books,  accounts  and  vouchers  relating 
to  any  such  liquidation,  and  any  defect,  irregularity,  or  misconduct  on 
the  part  of  such  receivers  or  trustees,  as  they  may  find  to  exist,  shall  be, 
by  the  commissioners,  reported  to  the  proper  court.  [Amendment  ap- 
proved March  20,  1909.     Stats.  1909,  p.  546.     In  effect  immediately.] 

§  12.  Upon  the  certificate,  under  oath,  of  any  ten  or  more  officers, 
trustees,  creditors,  shareholders  or  depositors  of  any  such  association, 
corporation  or  society,  setting  forth  their  interest  and  the  reason  for  the 
making  of  such  examination,  directed  to  the  commissioners,  and  request- 
ing them  so  to  do,  they  shall  forthwith  make  a  full  investigation  of  its 
afi'airs,  in  the  manner  provided. 

§13.  If  eitlier  of  the  commissioners,  having  knowledge  of  the  in- 
solvent condition,  or  of  any  violation  of  law  or  unsafe  practice  of  any 
such  association,  corporation  or  society  under  their  supervision,  such  as 
renders,  in  their  opinion,  the  conduct  of  its  business  hazardous  to  its 
shareholders,  creditors  or  depositors,'shall  fail  to  take  the  proper  action 
required  by  this  act,  or  shall  refuse  or  neglect  to  perform  the  official 
duties  pertaining  to  his  office,  then  upon  conviction  thereof  the  office  of 
such  commissioner  shall  be  declared  vacant  by  the  governor,  and  a  suc- 
cessor be  appointed  to  fill  the  unexpired  term. 

§  14.  To  meet  the  salaries  and  expenses  provided  for  by  this  act,  the 
commissioners  shall  require  every  association,  corporation  or  society 
licensed  by  them  or  coming  under  their  supervision  to  pay  in  advance,  to 
them,  and  prior  to  the  issuance  of  any  license,  its  pro  rata  amount  of 
all  such  salaries  and  expenses,  and  it  is  hereby  made  the  duty  of  every 
such  association,  corporation  or  society  to  pay  the  same;  such  pro  rata 
shall  be  fixed  and  determined  by  the  proportion  which  its  assets  bear  to 
the  aggregate  assets  of  all  such  associations,  corporations,  or  societies, 
receiving  licenses,  as  shown  by  the  last  reports  of  such  corporations,  asso- 
ciations, or  societies  to  the  commissioners.  On  or  before  the  thirtieth 
day  of  December,  in  each  year,  the  commissioners  shall  notify  each  of 
such  associations,  corporations  or  societies,  through  the  United  States 
mail,  of  the  amount  assessed  and  levied  against  it  and  that  the  same 
must  be  paid  within  twenty  days  thereafter;  and  should  payment  not  be 
made  to  them  within  said  twenty  days,  they  shall  then  assess  and  collect 
a  penalty,  in  addition  thereto,  of  ten  per  cent  per  day  for  each  day  that 
such  payment  may  be  delayed  or  withheld;  provided,  however,  that  in 
the  levy  and  collection  of  such  assessment,  no  such  association,  corpora- 


63  BUILDING  AND   LOAN   ASSOCIATIONS.       Act  429,  §§  15-17 

tion  or  society  shall  be  assessed  for,  nor  be  permitted  to  pay  less  than 
ten  dollars  per  annum,  and  any  such  association  hereafter  formed  in  this 
state,  shall  be  required  to  pay  not  less  than  one  dollar  per  month  for  the 
unexpired  term  ending  December  thirty-first,  succeeding  applicatioD; 
and  in  like  manner  any  such  association  organized  outside  this  state  shall 
be  required  to  pay  not  less  than  three  dollars  per  month,  for  such  unex- 
pired term,  for  its  first  license. 

§  15.  It  shall  be  the  duty  of  the  commissioners  to  require  every  such 
association,  corporation  or  society  coming  under  their  supervision,  to 
procure  from  them,  prior  to  the  transaction  of  any  business,  a  certifi- 
cate or  authority  or  license  to  transact  business  in  this  state;  and  it  is 
herebj^  made  the  duty  of  every  such  association,  corporation  or  society 
to  comply  with  such  requirement.  To  procure  such  license,  there  must 
be  filed  with  and  approved  by  the  commissioners,  a  certified  copy  of  its 
articles  of  incorporation,  constitution  and  by-laws  and  all  subsequent 
amendments  thereto,  accompanied  by  the  license  fee  herein  provided  forj 
and  after  the  expiration  of  the  term  for  which  a  license  may  have  been 
granted  to  it,  no  such  association,  corporation  or  society  shall  be  per- 
mitted to  continue  to  transact  business  without  first  procuring  a  renewal 
of  such  license  on  the  terms  provided  in  this  act,  and  any  such  associa- 
tion, corporation  or  society  violating  the  provisions  hereof  shall  be  sub- 
ject to  a  penalty  of  ten  per  cent  per  day  of  the  amount  of  the  license 
fee  required  to  be  paid  under  section  fifteen  of  this  act,  in  addition 
thereto,  for  each  day  during  the  continuance  of  such  offense.  The  com- 
missioners are  authorized  and  empowered  to  revoke  the  license  of  any 
such  association,  corporation  or  society  under  their  supervision,  the 
solvency  whereof  may  have  become  imperiled  by  losses  or  irregularities; 
and  immediately  upon  the  revoking  of  any  such  license  they  shall  report 
the  facts  to  the  attorney  general,  who  shall  thereupon  take  such  pro- 
ceedings as  are  provided  in  section  9  of  this  act. 

§  16.  The  commissioners  shall  require  every  association,  corporation 
or  society  licensed  by  them,  and  including  associations  in  liquidation, 
within  tiiirty  days  after  the  close  of  its  annual  fiscal  term  to  make 
a  report  to  them  in  writing,  verified  by  the  oath  of  its  president  and 
secretary,  showing  accurately  its  financial  condition  at  the  close  of 
such  term;  such  report  shall  also  include  all  the  receipts  and  disburse- 
ments and  income  and  expenses  for  the  term,  together  with  such  sta- 
tistical and  other  information  as  may  be  deemed  essential;  all  and  every 
of  such  reports  shall  be  in  such  form  as  the  commissioners  may  prescribe, 
and  upon  blanks  to  be  by  them  furnished  therefor.  Every  such  associa- 
tion, corporation  or  society  is  hereby  required  to  make  and  file  all  such 
reports  within  the  time  specified  herein,  and  for  failure  or  neglect  so  to 
do  shall  be  subject  to  a  penalty  of  ten  dollars  per  day  for  each  and 
every  day  the  same  shall  be  delayed  or  withheld. 

§17.  The  collection  of  all  moneys  assessed,  as  herein  provided,  for 
the  payment  of  salaries  and  annual  expenses,  or  forfeitable  as  fines 
for  failure  to  make  payments  of  assessments,  procure  licenses,  or  make 


Acts  430,  432  GENERAL  LAWS.  64 

and  file  reports  as  herein  specified,  and  due  from  any  sueli  association, 
corporation  or  society  coming  within  the  provisions  of  this  act,  or  im- 
posed as  a  penalty  for  violation  of  any  order  or  summons,  may  be  en- 
forced by  the  commissioners,  by  action  instituted  in  any  court  of  com- 
petent jurisdiction;  and  all  moneys  collected  or  received  by  the  commis- 
sioners under  this  act,  shall  be  deposited  with  the  state  treasurer,  to  be 
credited  to  a  fund  to  be  known  and  designated  as  the  "building  and  loan 
inspection  fund";  which  said  fund  shall  only  be  used  in  defraying  the 
salaries  and  expenses  provided  for  by  this  act. 

§  18.  This  act  shall  not  be  construed  as  affecting  the  terms  of  office 
of  the  commissioners  appointed  under  and  by  virtue  of  an  act  entitled 
"An  act  creating  a  board  of  commissioners  of  the  building  and  loan  as- 
sociations and  prescribing  their  duties  and  powers,"  approved  March 
twenty-third,  eighteen  hundred  and  ninety-three,  and  acts  amendatory 
thereof,  and  such  commissioners  are  hereby  created  the  building  and  loan 
commissioners  for  the  unexpired  terms  for  which  they  were  appointed, 
and  they  and  their  secretary  are  hereby  vested  with  all  the  powers  and 
duties,  and  are  entitled  to  all  the  emoluments  herein  provided  for;  and 
they  and  their  successors  in  office,  as  the  building  and  loan  commissioners 
herein  provided  for,  shall  succeed  to  all  the  rights,  privileges  and 
benefits,  and  to  the  control  and  possession  of  all  records,  property  and 
funds  in  the  possession  of  or  enjoyed  by  the  board  of  commissioners  of 
the  building  and  loan  associations  appointed  under  and  by  virtue  of  said 
act  of  March  twenty-third,  eighteen  hundred  and  ninety-three. 

§  19.  All  acts  and  parts  of  acts,  including  an  act  entitled  "An  act 
creating  a  board  of  commissioners  of  the  building  and  loan  associations 
and  prescribing  their  duties  and  powers,"  approved  March  twenty-third, 
eighteen  hundred  and  ninety-three,  and  all  acts  amendatory  thereof,  are 
hereby  repealed. 

§20.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

ACT  430. 

Creating  a  board  of  commissioners  of  building  and  loan  associations  and 
prescribing  their  powers  and  duties.     [Stats.  1893,  p.  229.] 

Amended  1895,  p.  103.     Repealed  1905,  p.  666.      See  ante.  Act  429. 

Citations.      Cal.  127/405,   407;    141/75,   78;   143/258. 

TITLE  64. 

BUOYS  AND  BEACONS. 
ACT  432. 

For  the  protection  of  buoys  and  beacons.      [Stats.  1873-74,  p.   G19.] 
This  act  appears  in  full  in  Appendix,  Penal  Code,  p.  2004. 
Codified  in  part  by  §  609,  Penal  Code. 
Similar  act,  see  post,  Act  4354. 


65  BURNT  OR  DESTROYED  RECORDS  OR  DOCUMENTS.     Acts  433-435 

TITLE  65. 
BURIAL. 
ACT  433. 

To  protect  the  public  health   from  infection  caused  by  the  exhumation 
and  removal  of  human  remains.     [Stats.   1877-78,  p.  1050.] 
Amended  1889,  p.  139. 
Citations.      Cal.  ,58/227;   136/268. 
See  post,  Act  545. 

TITLE  66. 
BURNT  OR  DESTROYED  RECORDS  OR  DOCUMENTS. 
ACT  434. 

An  act  relating  to  the  restoration  of  court  records  which  have  been 
lost,  injured  or  destroyed  by  conflagration  or  other  public  calamity.  [Ap- 
proved June  16,  3906.     Stats.  1906,  p.  73.] 

This  act  appears  in  full  in    Appendix,  Code  of  Civil  Procedure,  p.  1950. 
Citations.      Cal.  150/301,   302,   303,   304,   305,   306,   326;    154/315. 

ACT  435. 

An  act  providing  for  the    disposition  of  actions  and  proceedings  in  which 
bills  of  exceptions  and  statements  on   motion  for  a  new  trial  have 
been  lost  or  destroyed  by  conflagration  or  other  public  calamity. 
[Approved  March  23,  1907.     Stats.  1907,  p.  998.] 

§  1.  When  any  proposed  bill  of  exceptions,  or  statement  of  the  case 
on  motion  for  a  new  trial,  in  action  or  proceedings,  is  lost  or  destroyed 
by  reason  of  conflagration  or  other  public  calamity,  and  no  other  rec- 
ord of  the  proceedings  upon  the  trial  thereof  can  be  obtained,  and  such 
action  or  proceeding  is  subject  to  review  by  motion  for  new  trial,  pend- 
ing at  the  time  of  such  loss  or  destruction,  and  it  is  by  the  court  in 
which  such  action  or  proceeding  is  pending  deemed  impossible  or  im- 
practicable to  restore  such  proceedings  (and  to  settle  a  bill  of  exceptions 
or  statement  of  the  case  containing  such  proceedings)  so  as  to  enable 
the  court  to  review  the  judgment  or  order  therein  by  motion  for  new 
trial,  the  court  may  grant  a  new  trial  of  such  action  or  proceeding  if  at 
the  time  of  such  loss  or  destruction  a  motion  for  new  trial  be  pending 
therein,  and  such  action  or  proceeding  shall  thereupon  be  tried  anew. 
In  order  to  grant  such  new  trial,  it  shall  be  unnecessary  to  have  any  bill 
of  exceptions  or  statement  of  the  case  settled,  but  upon  the  facts  above 
recited  being  shown  to  the  satisfaction  of  the  court  by  affidavit  or  other- 
wise, the  court  shall  have  power  in  its  discretion  to  grant  such  new  trial. 

§2,  Pending  the  hearing  of  a  motion  under  the  preceding  section 
to  grant  such  new  trial,  the  time  within  which  a  bill  of  exceptions  might 
be  prepared,  served  or  presented  for  settlement,  shall  be  extended  and 
shall  not  commence  to  run  until  the  decision  upon  such  motion.  (The 
motion  provided  for  by  this  act  must  be  made  within  thirty  days  after 
Gen.  Laws — 5 


Acts  436-438  GENERAL  LAWS.  66 

the  loss  or  destruction  of  such  records;  provided  that  in  any  case  now 
pending  such  motion  may  be  made  at  any  time  within  sixty  days  after 
the  passage  of  this  act.) 

§3.     This  act  shall  take  effect  immediately. 
Citations.     App.  7/79,  80. 

ACT  436. 

An  act  to  provide  for  the  establishment  and  quieting  of  title  to  real 
property  in  case  of  the  loss  or  destruction  of  public  records.      [Ap- 
proved June  16,  1906.     Stats.  1906,  p.  78.     Amended  1909,  p.  163.] 
This  act  is  in   fwll   in  Appendix,   Code  of  Civil  Procedure,   p.   1943;  see,    also, 
this  act,  post,  Act  1048. 

ACT  437. 

An  act  supplementary  to  the   above  act  and  providing  for  the  malcing 
and  recordation   of  notice   of  ownership   or   claim   to   real   property. 
[Approved  March  23,  1907.     Stats.  1907,  p.  950.] 
This  act  appears  in  full  in  Appendix,  Code  of  Civil  Procedure,  p.  1948. 

ACT  438. 

An  act  to  provide  for  the  reproduction  of  the  register  of  the  Board  of 
Medical  Examiners,  the  Board  of  Dental  Examiners,  or  the  Board  of 
Pharmacy,  where  the  same  has  been  destroyed  by  conflagration  or 
other  public  calamity. 

[Approved  June  16,  1906.     Stats.  1906,  p.  82.] 

§1.  "Whenever  the  register  or  book  of  registration  of  the  Board 
of  Medical  Examiners  of  the  State  of  California,  the  Board  of  Dental 
Examiners  of  California,  or  the  Board  of  Pharmacy,  has  been  or 
may  hereafter  be  destroyed  by  fire  or  other  public  calamity,  the  board 
whose  duty  it  is  to  keep  such  register  or  book  is  hereby  authorized  to 
reproduce  such  register  or  book  so  that  the  same  may  show  <is  nearly  as 
possible  the  record  existing  in  the  original  register  or  book  at  the  time 
of  such  destruction. 

§2.  For  the  reproduction  of  the  destroyed  register  or  book  the 
board  shall  make  use  of  such  existing  official  printed  registers,  books,  or 
matter,  certificates,  affidavits  to  be  presented,  or  other  official  informa- 
tion as  may  be  available  and  which  may  appear  to  said  board  to  be 
authentic,  and  upon  the  completion  of  the  said  reproduction  said  board 
shall  by  resolution  adopt  such  reproduced  register  or  book  as  the  register 
or  book  of  said  board,  and  thereafter  the  same  shall  be  taken  and  used 
to  all  intents  and  purposes  as  well  for  evidence  as  otherwise  as  if  the 
same  were  the  original  register  or  book. 

§  3.     This  act  shall  take  effect  immediately. 


G7  BURNT  OR  DESTROYED  RECORDS  OR  DOCUMENTS.  Acts  439,  440 

ACT  439. 

An  act  enabling  the  restoration  of  an  assessment-roll  when  the  same  has 

been  destroyed. 

[Approved  June  16,  1906.     Stats.  1906,  p.  83.] 

§1.  Wherever,  through  loss  by  fire,  or  other  public  calamity,  the 
assessment-roll  of  a  city,  city  and  county,  county  or  other  political 
subdivision  of  the  state  in  course  of  preparation  by  the  assessor  of  any 
city,  city  and  county,  county  or  other  political  subdivision  of  the  state, 
shall  have  been  or  shall  be  destroyed  and  such  burnt  or  destroyed  record 
shall  have  been  reconstructed  from  such  data  as  is  available,  it  shall  be 
lawful  for  the  assessor  at  any  time  prior  to  the  sale  for  delinquent  taxes 
after  such  assessment  is  compiled,  to  correct  any  assessment  erroneously 
made,  provided,  however,  that  any  correction  so  made  shall  at  once  be 
certified  to  in  writing  by  the  assessor,  to  the  tax  collector,  the  auditor 
and  the  state  controller,  and  provided,  further,  that  the  assessor  shall 
enter  opposite  said  assessment  on  the  assessment-roll,  the  date  and  nature 
of  said  correction.  Such  change  shall  be  recognized  by  any  city,  city 
and  county,  county  or  state  official  whose  duty  it  is  to  make  or  exact  a 
financial  statement  based  on  said  assessment-roll,  and  in  making  such 
settlement  any  alterations  resulting  from  such  changes  shall  be  reco^juized 
by  such  officials. 

§2.     This  act  shall  take  effect  immediately. 

ACT  440. 

An  act  to  provide  for  the  issuance  of  duplicates  of  bonds,  warrants  and 

other  municipal  securities  which  have  become  defaced  or  mutilated. 

[Approved  February  23,  1907.     Stats.  1907,  p.  53.] 

Mutilated  municipal  bonds,  duplicates  may  be  issued. 

§  1.  Whenever  it  shall  be  made  to  appear  to  the  legislative  body 
of  any  county,  city  and  county,  city,  town,  irrigation  district,  school 
district  or  other  municipal  corporation,  by  clear  and  equivocal  proof, 
that  any  bond,  warrant,  or  other  evidence  of  indebtedness  of  said 
county,  city  and  county,  city,  town,  irrigation  district,  school  district, 
or  other  municipal  corporation  has,  without  bad  faith  upon  the  part  of 
the  owner,  been  so  mutilated  or  defaced  as  to  impair  its  value  to  the 
owner,  and  such  instrument  is  capable  of  being  identified  by  number  and 
description,  such  legislative  bodj'  shall,  under  such  regulations  and  with 
such  restrictions  as  to  time  and  retention  for  security  or  otherwise,  as  it 
may  prescribe,  and  upon  the  conditions  hereinafter  provided,  issue  or 
cause  to  be  issued  a  duplicate  thereof,  having  the  same  time  to  run, 
bearing  like  interest,  and  having  the  same  number  as  the  evidence  of 
indebtedness  so  proved  to  have  been  mutilated  or  defaced. 

Procedure  to  procure  duplicates. 

§2.  The  owner  of  such  bonds  or  other  evidences  of  indebtedness 
desiring  to  have  issued  duplicates  for  the  same  shall  make  a  written 


Act  441,  §  1  GENERAL  LAWS.  68 

application  therefor  to  the  legislative  body  of  such  municipal  corpora- 
tion, setting  forth  the  facts  provided  by  section  1,  and  shall  accompany 
such  request  with  a  deposit  of  such  sum  of  money  as  shall  be  deemed 
sufficient  by  such  legislative  body  to  cover  the  cost  of  printing  or  litho- 
graphing, or  otherwise  preparing  such  duplicate,  and  all  other  expenses 
connected  with  the  issuance  thereof,  and  if  required  by  such  legislative 
body,  shall  also  file  therewith  a  bond  in  such  sum  as  may  be  required, 
with  good  and  sufficient  sureties,  to  be  approved  by  such  legislative 
body,  with  condition  to  indemnify  and  save  harmless  such  municipal 
corporation   from   any   claim  upon   such   mutilated  or   defaced  security. 

Duty  of  municipal  legislature.     Cancellation  of  original  decision. 

§3.  The  legishitive  body  of  such  municipal  corporation  shall  there- 
upon pass  a  resolution,  setting  forth  the  fact  of  said  application  and  the 
compliance  with  the  conditions  herein  prescribed,  and  Avith  such  further 
conditions  as  shall  have  been  required  by  said  legislative  body  in  ac- 
cordance herewith,  and  directing  the  officer  or  officers  who  had  charge, 
in  the  first  instance,  of  causing  to  be  printed,  lithographed,  or  otherwise 
prepared  the  original  bond,  warrant,  or  other  evidence  of  indebtedness, 
to  cause  to  be  issued  a  duplicate  thereof,  as  herein  provided.  Such 
duplicate  bond,  warrant,  or  other  evidence  of  indebtedness  shall  be 
signed  by  the  same  officers,  and  issued  in  all  respects  as  nearly  as 
possible  as  the  original  instrument,  and  when  so  prepared  and  issued 
shall  be  delivered  in  exchange  for  the  original  bond,  warrant,  or  other 
evidence  of  indebtedness,  provided,  that  no  exchange  shall  be  made 
unless  such  defaced  or  mutilated  bond,  together  with  any  coupons  thereon 
for  which  duplicates  shall  be  issued  in  accordance  with  this  act,  shall  be 
capable  of  identification,  and  shall  first  be  surrendered  by  the  owner 
thereof.  When  surrendered,  the  legislative  body  of  such  municipal  cor- 
poration shall  cause  proper  record  to  be  made  of  the  cancellation  of  such 
original  security,  and  thereafter  the  duplicate  issued  in  accordance  with 
the  provisions  of  this  act,  shall  have  all  the  force,  effect  and  validity  of 
the  original  evidence  of  indebtedness. 

§4.     This  act  shall  take  effect  immediately. 

ACT  441. 

An  act  providing  for  the  issuance  of  duplicate  certificates,  where  cer- 
tificates issued  under  authority  of  law  have  been  lost  or  destroyed 
by  conflagration  or  other  public  calamity. 

[Approved  June  16,  1906.     Stats.  1906,  p.  71.] 

§  1.  "Whenever  any  public  board  or  officer  is  authorized  by  law  to 
issue  any  certificate  of  any  kind,  and  the  records  in  the  office  of  such 
board  or  officer  show  the  issuance  of  such  certificate,  and  it  is  made  to 
appear  by  affidavit  that  such  certificate  has  been  lost  or  destroyed  by 
conflagration  or  other  public  calamity,  such  board  or  officer  may  issue  a 
duplicate  of  such  certificate,  which  shall  recite  the  issuance  and  loss  or 
destruction   of  such   original   certificate,   and  shall   have   the   same   force 


69  BURNT  OR  DESTROYED  RECORDS  OR  DOCUMENTS.     Act  442,  f§  1-5 

and  effect  as'  such  original  certificate;   provided,  that  this  act  shall  not 
apply  to  certificates  of  ackno-wledgments. 

§2.     This  act  shall  take  effect  immediately. 

ACT  442. 

An  act  to  provide  for  the  copying  of  books,  documents,  maps  or  records 
required  by  law  to  be  kept  or  preserved  by  city,  county,  or  city  and 
county  officers,  which  have  been  damaged  by  conflagration  or  other 
public  calamity. 

[Approved  June  16,  1906.     Stats.  1906,  p.  72.] 

§1.  Whenever  any  book,  document,  map  or  record  required  by 
law  to  be  kept  or  preserved  by  any  city,  county,  or  city  and  county 
officer  has  been  or  may  hereafter  be  damaged  by  conflagration  or  other 
public  calamity,  it  shall  be  lawful  for  the  board  of  supervisors,  or  board 
of  trustees,  of  the  city,  county,  or  city  and  county  in  which  the  same  is 
required  to  be  kept  or  preserved,  to  cause  such  book,  document,  map  or 
record  to  be  copied  and  transcribed  into  a  new  and  well-bound  book. 

§  2.  Said  book,  document,  map,  or  record,  when  so  copied  or  tran- 
scribed, shall  be  carefully  compared  with  the  original  thereof,  and  when 
the  same  shall  have  been  so  copied  and  compared  with  the  original  there- 
of, the  persons  who  have  done  such  comparing  shall  each  make  an  affi- 
davit which  shall  be  incorporated  into  the  book,  document,  map  or  record 
as  copied,  that  said  book,  document,  map  or  record  and  each  and  every 
part  thereof  is  a  true  copy  of  the  original  book,  document,  map  or  record, 
and  each  and  every  part  thereof;  that  the  matter  of  record  which  ap- 
pears upon  every  page  of  the  original  appears  also  upon  the  same  page 
of  the  copy;  and  that  no  matter  of  record  appears  upon  auj-  page  of  the 
copy  which  is  not  to  be  found  upon  the  same  page  of  the  original.  Said 
book,  document,  map  or  record  shall  also  be  authenticated  under  the  hand 
of  the  officer  having  the  custody  thereof,  to  the  effect  that  the  same  is  a 
true  copy  of  the  original  book,  document,  map  or  record  so  damaged. 

§3.  Any  such  new  book,  document,  map  or  record  copied  and  authenti- 
cated as  above  provided,  shall  be  prima  facie  evidence  of  the  contents  of 
the  original  book,  document,  map  or  record;  and  it  shall  bear  the  same 
name  and  designation  as  the  original  thereof,  and  certified  copies  of  any 
instrnnient  so  copied  into  it  shall  have  the  same  force  and  effect  as  certi- 
fied copies  of  the  original  made  from  the  original  book. 

§  4.  The  board  of  supervisors  or  board  of  trustees  of  such  city, 
county,  or  city  and  county,  may  make  such  provision  for  the  payment  for 
copying  and  transcribing  the  books,  documents,  maps  and  records  under 
this  act,  out  of  the  city,  county,  or  city  and  county  treasury,  as  to  them 
may  seem  reasonable,  not  exceeding  the  amount  now  authorized  to  be 
received  for  copying  and  recording  the  originals  thereof,  and  the  same 
shall  be  a  charge  against  the  city,  county,  or  city  and  county. 

§5.     This  act  shall  take  effect  immediately. 


Acts  445-455  GENERAL  LAWS.  70 

TITLE  67. 
BUTTE  COUNTY, 
ACT  445, 

Protection  of  agriculture  in.     [Stats.  1873-74,  p.  310.] 
Amended   1875-76,   p.   314.      Superseded   by    1897,   p.    198, 
Citations.      Cal.  64/114. 
This  act  provided  against  the  trespassing  of  animals, 

ACT  446, 

Concerning  salary  of  county  assessor  of.     [Stats.  1871-72,  p.  270.] 
Repealed  by  County  Government  Act,  1897,  p.  523,  §  171. 

ACT  447. 

Relating  to  salary  of  treasurer  and  auditor  of.     [Stats.  1871-72,  p.  709.] 
Repealed  by  County  Government  Act,  1897,  p.  523,  §  171. 

ACT  448, 

Defining  a  lawful  and  partition  fence  in.     [Stats.  1871-72,  p.  700.] 

ACT  449. 

To  prevent  hunting  of  game  within  certain  private  grounds  in.     [Stats. 

1871-72,  p,  477.] 
ACT  450, 

Providing   for   the   payment   of   fees   for   witnesses    and   jurors.     [Stats. 
1871-72,  p.  233.] 
Amended  1873-74,  p.  508.     Repealed  by  fee  bill,   1895,  p.  273,   fixing  jurors' 
and  witnesses'  fees. 

ACT  451. 

To  regulate  fees  of  justices  in.     [Stats.  1877-78,  p.  683.J 
Repealed  by  the  fee  bill  of  1895,  p.  267. 

ACT  452. 

To   provide  for  the   appointment   of  two   additional   notaries   public   for 
Butte  county.     [Stats.  1871-72,  p,  36.] 
Superseded  by  Political  Code,  §  791, 

ACT  453, 

Salaries  and  compensation  of  officers.     [Stats.  1873-74,  p.  733.] 
Amended  1875-76,  pp.  753,  906;  1877-78,  p.  248.      Superseded  by  the  County 
Government  Act:  Lynch  v.  Butte  County,  102  Cal.  448. 

ACT  454. 

Authorizing  transcribing  records  in.     [Stats.  1859,  p.  119.] 

ACT  455, 

Authorizing  and  empowering  the  recorder  of  Butte  county  to  make  copies 
of  certain  records.     [Stats.  1858,  p,  108.] 


11  BUTTER,  Acts  456-467 

ACT  456. 

Concerning  roads  in.     [Stats.  1871-72,  p.  322.] 
Amended  1871-72,  p.  693.     Repealed  1883,  p.  5,  c.  X,  §  2. 

ACT  457. 

Eoads  in,     [Stats.  1873-74,  p.  503.] 
Superseded   by    18S3-S5,    c.   X,  §  2,    and   the    County    Government    Act,    1897, 
p.  452. 

Citations.     Cal.  81/125, 

ACT  458. 

Eoads  and  highways  in.     [Stats.  1875-76,  p.  752.] 
Amended  1877-78,   p.   18. 

"Repealed  by  1883,  p.  5,  c.  X,  §  2 ;  also  by  Political  Code,  §  2652,  as  amended 
1891,  p.  478,  and  County  Government  Act,  1897,  p,  452." — Code  Commissioners' 
Note. 

ACT  459. 

Eoads  and  highways  in.     [Stats.  1877-78,  p.  402.] 
Repealed  1883,  p.   5,   c.   X,  §  2. 

ACT  460. 

Sheriff  to   collect  licenses,  and  fixing  salary  therefor.     [Stats.   1877-78, 
p.  287.] 
Repealed  by  County  Government  Act,   1897,  p.  473,  §  55, 

ACT  461. 

Sheriff,   act   concerning,   and   fixing   his   compensation.     [Stats.    1877-78, 

p.  567.] 
ACT  462. 

Superintendent  of  schools,  fixing  salary  of.     [Stats.  1873-74,  p,  170.] 
Repealed  by  County  Government  Act,   1897,  p.  523,    §  171. 

ACT  463. 

Treasurer  of,  to  transfer  certain  funds.     [Stats.  1875-76,  p.  355.] 
Superseded  by  1897,  subd.  18,   §  25,  p.  463. 
This  act  authorized  the  transfer  of  swamp  land  funds  to  the  general  fund. 

ACT  464. 

Los  Angeles,  Sutter,  and  Butte  counties,  treasuries  of,  better  protection 
of.     [Stats.  1875-76,  p.  365.] 
Supplemented  and  amended  1875-76,  p.  637,  exempting  Sutter  County. 
Superseded  by  County  Government  Act,   1897,  p.  483,  §  115. 
This  act  Drovided  for  the  examination  and  counting  of  the  funds. 

TITLE  68. 
BUTTER. 
ACT  467. 

An  act  requiring  the  marking  of  packages  of  butter  containing  less  than 
six  pounds  and  more  than  one-half  pound   so  as  to  advise  the  pur- 


Act  468,  §§1-3  GENERAL  LAWS.  72 

chaser  or  others  as  to  the  weight  of  butter  contained  in  such  pack- 
age.    [Approved  March  20,  1905.     Stats.  1905,  p.  316,] 
Declared  unconstitutional  in  149  Cal.   104. 
Citations.      Cal.  149/105. 

ACT  468. 

An  act  to  prevent  deception  in  the  sale  of  renovated  butter  and  to  license 
manufacturers  and  dealers  in  the  same. 
[Approved  March  20,  1905.     Stats.  1905,  p.  468.] 
See,  also,  Penal  Code,   §  383a,  and  the  act  of  1907,  p.  265. 

§  1.  No  person  or  persons,  firms  or  corporations,  by  themselves  or 
their  agents  or  employees,  shall  sell,  offer  for  sale  or  expose  for  sale  or 
have  in  his  or  their  possession  for  sale  any  renovated  butter  unless  the 
same  shall  have  printed  upon  each  and  every  package,  roll,  print,  square, 
or  any  container  of  such  renovated  butter  the  words  "renovated  butter" 
in  letters  not  less  than  one-half  inch  in  height,  or  who  shall  not  have 
secured  from  the  state  dairy  bureau,  now  existing  under  the  laws  of  this 
state,  a  license  as  provided  hereinafter, 

§2.  The  term  renovated  butter  as  used  in  this  act  is  hereby  de- 
fined to  mean  and  include  butter  that  has  been  reduced  to  a  liquid  state 
by  melting,  and  drawing  of  such  liquid  or  butter  oil  and  churning  or 
otherwise  manipulating  it  in  connection  with  milk  or  any  product  thereof. 

§  3.  Any  person  or  persons,  firms  or  corporations,  desiring  to  manu- 
facture or  deal  in  renovated  butter  shall  make  application  to  the  state 
dairy  bureau  for  a  license  and  upon  payment  of  a  license  fee  of  the 
amount  mentioned  herein,  to  the  state  dairy  bureau,  said  bureau  shall 
issue  to  the  applicant  a  license.  All  such  licenses  shall  expire  December 
31st  of  each  year  and  may  be  issued  in  periods  of  one  year  or  sis  months, 
upon  payment  of  a  proportionate  part  of  the  license  fee.  Manufacturers 
of  renovated  butter  within  this  state  shall  pay  an  annual  license  fee  of 
one  thousand  dollars;  wholesale  dealers  shall  pay  an  annual  license  fee  of 
four  hundred  dollars;  retail  dealers  shall  pay  an  annual  license  fee  of 
fifty  dollars;  hotels,  restaurants,  boarding-houses  and  all  other  places 
where  meals  are  served  and  payment  is  received  therefor,  either  im- 
mediately or  by  the  day,  week  or  month,  and  which  use  or  furnish 
renovated  butter  in  connection  with  said  meals,  shall  pay  an  annual 
license  fee  of  ten  dollars.  The  term  wholesale  dealers  as  used  herein 
includes  all  persons,  firms  or  corporations,  who  shall  sell  renovated  butter 
in  quantities  of  ten  pounds  or  more.  The  term  retail  dealers  includes 
all  persons  who  sell  in  quantities  of  less  than  ten  pounds.  All  licenses 
while  in  force  shall  be  conspicuously  displayed  in  the  place  of  business 
of  the  party  or  parties  to  whom  they  have  been  issued.  The  state  dairy 
bureau  shall  require  all  persons  holding  a  manufacturer's  or  wholesaler's 
license,  as  provided  in  this  act,  to  keep  a  record  in  a  form  separate  from 
all  other  business  in  which  every  sale  of  renovated  butter  shall  be 
recorded,  giving  the  quantity  sold,  the  name  and  location  of  the  buyer 


73  BUTTER,  Acts  469-471 

and  the  place  to  which  it  was  shipped.     Such  record  shall  be  accessible 
at  all  times  to  duly  authorized  representatives  of  the  state  dairy  bureau. 

§4.  All  license  fees  paid  to  the  state  dairy  bureau  under  this  act 
shall  be  paid  by  said  bureau  into  the  state  treasury,  the  same  to  be 
added  to  the  appropriation  made  for  the  same  fiscal  year  for  the  bureau 
and  its  expenditure  shall  be  at  the  disposal  of  said  bureau  for  its  use. 

§  5.  Whoever  shall  violate  any  of  the  provisions  or  sections  of 
this  act  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall,  upon  con- 
viction thereof,  be  punished  for  the  first  offense  by  a  fine  of  not  less 
than  twenty  dollars  nor  more  than  one  hundred  dollars;  or  by  imprison- 
ment in  the  county  jail  for  not  less  than  ten  days  and  not  exceeding 
thirty  daj's;  and  for  each  subsequent  offense  by  a  fine  of  not  less  than 
fifty  dollars  nor  more  than  two  hundred  dollars,  or  by  imprisonment  in 
the  county  jail  for  not  less  than  twenty  days  nor  more  than  one  hundred 
days,  or  by  both  such  fine  and  imprisonment,  at  the  discretion  of  the 
court. 

§  6.  It  shall  be  the  duty  of  the  district  attorney  of  each  and  every 
county  in  this  state,  upon  application,  to  attend  to  the  prosecution  in  the 
•name  of  the  people  of  any  action  brought  for  the  violation  of  any  of  the 
provisions  of  this  act  within  his  district.  One-half  of  all  the  fines  im- 
posed for  the  violation  of  any  of  the  provisions  of  this  act  shall  be  paid 
to  the  county  in  which  the  fine  is  imposed.  The  other  one-half  shall  be 
paid  to  the  state  dairy  bureau,  and  by  said  bureau  to  the  state  treasurer, 
and  the  same  shall  become  a  part  of  the  appropriation  made  by  law  for 
the  use  of  said  state  dairy  bureau. 

§  7.  An  act  which  became  a  law  under  constitutional  provision 
without  the  governor's  approval,  February  23,  1899,  entitled  "An  act  to 
prevent  deception  in  the  sale  of  process  or  renovated  butter"  and  all 
other  acts  or  parts  of  acts  inconsistent  with  this  act  are  hereby  repealed. 

§  8.     This  act  shall  take  effect  thirty  days  after  its  passage. 

ACT  469. 

To  prevent  the  sale  of  short-weight  rolls  of  butter.     [Stats.  1893,  p.  151.] 
This  act   is  in   Appendix,  Penal  Code,  p.  2005. 

ACT  470. 

To  prevent  deception  in  the  sale  of  process  or  renovated  butter.     [Stats. 
1899,  p.  25.] 

Repealed  1905,  p.  470.      See  ante,  Act  468. 

Re-enacted  and  codified  by  Penal  Code,  §  383a. 

ACT  471. 

To  prevent  deception  in  the  manufacture  and  sale  of  butter  and  cheese, 

to  secure  its  enforcement  and  to  appropriate  money  therefor.     [Stats. 

1897,  p.  65.] 

This  act  is  in  full  in  Appendix.  Penal  Code,  p.  2006. 

See  Stats.  1899,  p.  25;    1899,  p.   171;   1907,  p.  265. 


Acts  476-485  GENERAL  LAWS.  74 

TITLE  69. 
CALAVEEAS  COUNTY. 
ACT  476. 

Agriculture,  protection  of.     [Stats.  1873-74,  p.  579.] 
Supplemented,   1875-76,  p.  901.     Repealed  1897,  p.   198. 

ACT  477. 

Providing  for  redemption  of  bonds  of.     [Stats.  1871-72,  p.  716.] 

ACT  478. 

Constables  of,  regulating  fees  of.     [Stats.  1877-78,  p.  592.] 
Repealed  by  fee  bill  of  1895,  p.  267. 

ACT  479. 
Supervisors  and  district  attorney,  offices  of.     [Stats.  1875-76,  p.  141.] 
Repealed  by  County  Government  Act,  1897,  p.  452. 

ACT  480. 

Eegulating  fees  and  salaries  in.     [Stats.  1873-74,  p.  13.] 
Supplementing  act   of  March  4,   1870.     Repealed  by   County  Government  Act, 
1897,  p.   547,  §  188. 

ACT  481. 

Supplementing  act  to   regulate   fees   and   salaries  and   define    duties   of 
certain  oflicers.     [Stats.  1871-72,  p.  177.] 
Superseded  by  the  County  Government  Act,  1897,  p.  452. 

ACT  482. 

Regulating  certain  township  offices  in.     [Stats.  1875-76,  p.  78.] 
Superseded  by   Code   of  Civil   Procedure,  §  103,    and    County   Government   Act, 
1897,  p.  474,  §  56. 

This  act  provides  for  justices  and  constables. 

ACT  483. 

Mining  claims,  recording  in.     [Stats.  1875-76,  p.  853.] 
■    Citations.      Cal.  142/411;   149/607. 

ACT  484. 

Enforcing  collection  of  poll  tax  in.     [Stats.  1873-74,  p.  494.] 
Amended    1877,    p.    35.      Superseded   by    Political    Code,    §§3839,    3840,    and 
Bubd.  5,   §  25,  County  Government  Act,  1897,  p.  458. 

ACT  485. 

Providing  for   location,  construction,   and  maintenance   of  public   roads. 
[Stats.  1871-72,  p.  160.] 
Repealed  1873-74,  p.  358. 


75  CALIFORNIA  AND  OREGON  RAILROAD   COMPANY.      Acts  486-504 

ACT  486. 

Eepealing  special  road  laws  and  applying  the  provisions  of  the  Political 
Code  relating  to  roads  and  highways.     [Stats.  1873-74,  p.  358.] 

ACT  487. 

Eoad  poll  taxes  in,  collection  of.     [Stats.  1875-76,  p.  354.] 
Repealed  by  Political  Code,  §  2652,  as  amended  1891,  p.  478. 

ACT  488. 

Superintendent  of  public  schools,  salary  of.     [Stats.  1877-78,  p.  204.] 

"Never  went  into  effect.  (Peachy  v.  Calaveras  County,  59  Cal.  543.)  Re- 
pealed by  County  Government  Act,  1897,  p.  547,  §  188." — Code  Commissioners' 
Note. 

ACT  489. 

Treasurers  of,  bonds  of.     [Stats.  1875-76,  p.  17.] 
Repealed  by  County  Government  Act,   1897,  p.  475,  §  C6. 

TITLE  70. 
CALIFOENIA  AND  OEEGON  EAILEOAD  COMPANY. 

ACT  494. 

Giving  effect  to  the  act  of  Congress  relating  to  the  California  and  Oregon 
Eailroad  Company.     [Stats.  1867-68,  p.  655.] 

TITLE  71. 
CALIFOENIA  PACIFIC  EAILEOAD  COMPANY. 
ACT  499. 

Granting    certain   rights    and   privileges    to    California   Pacific    Eailroad 
Company.     [Stats.  1867-68,  p.  671.] 

TITLE  72. 
CALIFOENIA  POLYTECHNIC  SCHOOL. 
ACT  504. 

An  act   to  establish  the   California  polytechnic  school   in   the   county  of 

San  Luis  Obispo,  and  making  an  appropriation  therefor. 

[Approved  March  8,  1901.     Stats..  1901,  p.  115.] 

§  1.  There  is  hereby  established  in  the  county  of  San  Luis  Obispo, 
at  or  near  the  city  of  San  Luis  Obispo,  a  school  to  be  known  as 
the  California  polytechnic  school.  The  purpose  of  this  school  is  to 
furnish  to  young  people  of  both  sexes  mental  and  manual  training  in  the 
arts  and  sciences,  including  agriculture,  mechanics,  engineering,  business 
methods,  domestic  economy,  and  such  other  branches  as  will  fit  tlie 
students  for  the  nonprofessional  walks  of  life.  This  act  shall  be  liberally 
construed,  to  the  end  that  the  school  established  hereby  may  at  all  times 
contribute  to  the  industrial  welfare  of  the  state  of  California. 


Acts  509,  510  GENERAL  LAWS.  78 

§2.  Within  thirty  days  after  this  act  goes  into  effect  the  governor 
shall  appoint  five  persons,  who,  with  the  governor,  and  superintendent  of 
public  instruction,  shall  constitute  the  board  of  trustees  of  said  school. 

§  3.  The  said  trustees,  as  provided  for  in  section  2  of  this  act, 
are  hereby  appointed  and  created  trustees  of  said  California  polytechnic 
school,  with  full  power  and  authority  to  select  a  site  for  the  permanent 
location  of  said  school.  Said  trustees  shall,  within  ninety  days  after  the 
passage  of  this  act,  examine  the  different  sites  offered  by  the  people  of 
San  Luis  Obispo  county  for  the  location  of  said  school;  and  the  site 
selected  by  them  shall  be  and  remain  the  permanent  site  for  said  school. 
But  no  money  shall  be  expended  for  or  on  said  site,  until  a  deed  in  fee 
simple  has  been  made  for  land  so  selected  to  the  state  of  California. 

§  4.  The  term  of  office  of  the  trustees  shall  be  four  years,  except 
that,  in  appointing  the  first  board  of  trustees,  the  governor  shall  appoint 
two  members  for  one  year,  one  for  two  years,  one  for  three  years,  and 
one  for  four  years.  They  shall  be  governed  and  regulated  by  the  laws 
governing  and  regulating  the  normal  schools  of  this  state  j  in  so  far  as 
the  same  are  applicable  to  an  institution  of  this  kind. 

§5.  The  sum  of  fifty  thousand  dollars  is  hereby  appropriated  out 
of  any  moneys  belonging  to  the  state  not  otherwise  appropriated,  for  the 
purchase  of  a  site,  the  construction  and  furnishing  of  the  necessary  build- 
ings, and  the  maintenance  of  said  school. 

§  6,  The  controller  of  the  state  is  hereby  authorized  to  draw  war- 
rants from  time  to  time,  as  the  work  shall  progress,  in  favor  of  said 
board  of  trustees,  upon  their  requisition  for  the  same,  and  the  state  treas- 
urer is  directed  to  pay  the  same. 

§7.  The  moneys  hereby  appropriated  shall  be  expended  under  the 
direction  of  the  said  board  of  trustees. 

§  8.  This  act  shall  take  effect  and  be  in  force  from  and  after  January 
first,  nineteen  hundred  and  two. 

TITLE  73. 
CALIFOENIA  KEDWOOD  PAEK. 
ACT  509. 

Providing  for  the  creation  and  management  of  the  California  Redwood 
Park,  making  an  appropriation  therefor,  and  creating  a  board  of  five 
commissioners,  with  power  to  make  purchases,  and  to  manage  said 
California  Eedwood  Park.  [Approved  March  16,  1901.  Slats.  1901, 
p.  517.] 

ACT  510. 

To  provide  for  the  preservation,  improvement  and  maintenance  of  the 
"California  Eedwood  Park"  in  Santa  Cruz  county,  and  making  an 
appropriation  therefor.  [Approved  March  25,  1903,  Stats.  1903, 
p.  424.] 


77      CALIFORNIA   STATE   TRADES   AND   TRAINING   SCHOOL.     Act  513,  §§1-5 

TITLE  74. 
CALIFORNIA  STATE  TRADES  AND  TRAINING  SCHOOL. 
ACT  513. 

An  act  to  authorize  the  establishment  of  the  California  State  Trades  and 
Training  School  for  dependent  orphans,  half-orphans,  abandoned  chil- 
dren and  children  committed  by  court  and  placed  under  guardianship 
of  the  board  of  trustees,  the  appointment  of  a  board  of  trustees,  the 
purchase  of  a  site,  the  preparation  of  plans  and  specifications  for 
grounds  and  buildings,  and  to  make  the  necessary  appropriation 
therefor. 

[Approved  April  14,  1909.     Stats.  1909,  p.  887.] 

California  State  Trades  and  Training  School. 

§  1.  There  is  hereby  established  in  this  state  a  school  to  be  known 
as  the  California  State  Trades  and  Training  School.  The  purpose  of  this 
school  is  to  furnish  to  the  dependent  orphans,  half-orphans,  abandoned 
children  and  children  ordered  committed  by  the  court,  of  both  sexes,  men- 
tal and  manual  training,  in  the  arts,  sciences  and  trades,  including  agri- 
culture, mechanics,  engineering,  business  methods,  domestic  economy  and 
such  other  branches  as  will  fit  the  students  for  the  different  occupations 
of  life. 

Location  of. 

§2.  The  California  State  Trades  and  Training  School  shall  be  located 
at  such  a  place  as  may  be  selected  by  the  governor,  attorney  general, 
secretary  of  state,  one  member  of  .the  senate  and  one  member  of 
the  assembly  appointed  by  the  governor,  who  are  hereby  named  as  a 
commission  to  select  a  proper  site  for  the  aforesaid  school,  the  same  to 
be  as  near  as  possible  centrally  located  in  the  state,  with  a  view  to  mak- 
ing it  the  most  useful,  convenient  and  economical  in  its  conduct. 

Appointment  of  trustees. 

§  3.  Within  thirty  days  after  this  act  goes  into  effect  the  governor 
shall  appoint  four  persons  who,  in  connection  with  the  secretary  of  the 
state  board  of  examiners,  shall  constitute  a  board  of  trustees'  of  said 
school. 

Tenn  of  office. 

§  4.  The  term  of  office  of  the  trustees  shall  be  four  years,  except 
that  in  the  appointment  of  the  four  persons  mentioned  in  section  3,  the 
governor,  in  the  first  appointment  of  trustees  shall  appoint  two  for  a 
term  of  two  years  and  two  for  four  years,  and  the  acting  secretary  of 
the  state  board  of  examiners  shall  constitute  the  other  member  of  said 
board  who  will  act  during  his  term  of  office. 

Appropriation. 

§5.  The  sum  of  $125,000  is  hereby  appropriated  out  of  any  moneys 
belonging  to  the  state,  not  otherwise  appropriated,  for  the  purchase  of  a 
site  and  the  preparation  of  the  necessary  plans  and  specifications  for 


Act  513,  §§  6-11  GENERAL  LAWS,  78 

grounds  and  buildings;  provided,  that  if  any  or  all  of  the  money  is  not 
expended  as  provided  above  then  it  shall  immediately  become  available 
for  the  purchase  of  material  and  employment  of  labor  for  erection  of  the 
buildings  needed  for  the  school. 

Who  eligible  to  admission. 

§  6.  The  children  who  are  eligible  for  admission  to  the  Caliiornia 
State  Trades  and  Training  School  mast  be  dependent  orphans,  abandoned 
children  and  half-orphans  whose  surviving  parent  is  unable  to  support 
such  children,  and  such  other  children  as  may  be  ordorcd  committed  by 
court  and  placed  under  guardianship  of  the  board  of  trustees  of  the  Cali- 
fornia State  Trades  and  Training  School  who  have  been  taken  from 
parents  for  their  protection  and  education. 

Conditions  of  admission. 

§7.  Children  admitted  to  the  California  State  Trades  and  Training 
School  must  be  at  least  fourteen  years  of  age  and  not  over  eighteen 
years,  and  must  be  of  sound  mind,  free  from  contagious  or  other  diseases 
that  would  unfit  them  for  admission,  and  must  be  acceptable  to  the 
board  of  trustees  in  other  ways,  and  any  such  cliildren  on  arriving  at  the 
age  of  eighteen  years  shall  be  discharged  and  the  trustees  of  said  school 
be  relieved  from  further  guardianship. 

Control  of  children. 

§  8.  All  children  admitted  either  from  orphan  homes,  juvenile  or 
other  courts,  or  any  other  source,  must  first  be  placed  under  guardianship 
of  the  board  of  trustees  of  the  California  State  Trades  and  Training 
School  by  a  competent  order  of  court,  and  anj^  and  all  other  control  of 
such  child  be  absolutely  relinquished  to  such  board  of  trustees,  -^ho  will 
have  power  to  make  any  disposition  of  such  child  as  may  be  deemed  best 
for  its  future  welfare. 

Estates  of  children. 

§9.  Any  estate,  moneys  or  other  property  that  may  belong  to  any 
child  in  the  school  shall  be  held  in  trust  for  such  inmate,  and  upon 
approval  of  court  may  be  invested  for  his  benefit,  and  if  of  the  value  of 
over  five  hundred  dollars  such  amount  in  excess  of  said  five  hundred 
dollars  may  be  used  by  the  board  of  trustees  to  pay  the  expense  of 
support  of  such  child  to  an  amount  not  exceeding  fifteen  dollars  per 
month  while  in  the  said  school. 

Education. 

§  10.  The  system  of  education  shall  be  such  as  not  to  conflict  with 
that  provided  for  the  public  schools  of  the  state  and  such  other  branches 
as  may  be  deemed  advisable  by  the  board  of  trustees. 

Expenses  of  trustees. 

§  11.  The  board  of  trustees  shall  receive  their  necessary  traveling 
expenses  while  in  the  discharge  of  their  official  duties  incidental  to  the 
management  of  the  school. 


79  CALIFORNIA   STATUTES,   INDEX  TO.  Acts  515-520 

Expenses  of  school. 

§  12.  The  expenditures  of  all  moneys  necessary  for  the  expense  of 
purchase,  management  and  control  of  the  above-mentioned  school  shall 
be  paid  out  of  the  funds  provided  by  law  and  in  the  same  manner  as 
other  state  institutions. 

Construction  of  statute.     Object  of  statute. 

§  13.  This  statute  is  to  be  construed  liberally  by  the  board  of  trustees 
and  the  courts  of  the  state  in  order  that  the  greatest  good  may  be  accom- 
plished. Satisfactory  proof  of  the  needs  of  all  children  for  state  support 
must  be  furnished  the  board  of  trustees  before  their  admission  and  at 
any  time  during  their  presence  at  the  school  when  deemed  necessary  by 
the  board  of  trustees.  Only  children  of  bona  fide  citizens  and  residents 
of  the  state,  who  were  such  prior  to  their  death,  are  to  be  admitted. 

The  principal  object  of  this  statute  and  the  establishment  of  the  Cali- 
fornia State  Trades  and  Training  School  hereunder,  is  to  provide  educa- 
tion and  training  for  such  dependent  children  who  have  been  eared  for 
in  the  different  orphan  homes  in  this  state  and  by  county  boards  of 
supervisors,  and  who  no  longer  are  entitled  to  draw  state  aid  because  of 
the  age  limit  of  fourteen  years,  and  for  children  ordered  committed  by 
court,  and  in  this  way  assist  them  until  they  are  eighteen  years  of  age 
by  giving  them  a  practical  training  and  education  in  order  that  they 
may  be  self-supporting. 

Rules  for  management. 

§  14.  The  board  of  trustees  are  hereunder  given  authority  to  adopt 
such  rules  and  regulations  for  the  management  of  the  institution  as  may 
seem  best  when  not  in  conflict  with  the  direction  and  approval  of  the 
state  board  of  examiners. 

TITLE  75. 
CALIFOENIA  STATUTES,  INDEX  TO. 
ACT  515. 

An  act  authorizing  the  superintendent  of  state  printing  to  have  prepared 
and  printed   an   index  of   all   the  laws  of   California,   1850-1907   in- 
clusive.    [Approved  March  18,  1907.     Stats.  1907,  p.  572.] 
This    act    authorized    the    compiling,    printing    and    distribution    of    a    complete 
index  to  the  California  Statutes. 

For  the  former  act,  see  Stats.  1893,  p.  150. 

TITLE  76. 
CALIFORNIA  VOLUNTEERS. 
ACT  520. 

To  provide  for  the  revision  of  the  records  of  the  California  volunteers, 
to  authorize  the  adjutant-general  to  employ  additional  clerks  for 
that  purpose,  and  to  authorize  the  superintendent  of  state  printing 
to  print,  bind  and  issue  the  same.     [Stats.  1889,  p.  228.] 


Acts  525-544  GENERAL  LAWS.  80 

TITLE  77. 

CANAL  COEPORATIONS. 
ACT  525. 

Authorizing   incorporation   of   canal    companies,   and   the    construction   of 
canals.     [Stats.  1862,  p.  540.] 
Amended  1865-66,   pp.   53,   604,   786;    1867-68,  p.   134. 
Repealed:  See  §  288,  Civil  Code. 

ACT  526. 

Authorizing  incorporation  of  canal  companies,  and  providing  for  the  con- 
struction of  ditches  and  canals.     [Stats.  1869-70,  p.  660.] 
"Supplemented    1871-72,    p.    732,    but   repealed,    except   ns    to   pre-existing   cor- 
porations,  by   §  288,  Civ.  Code." — Code  Commissioners'   Note. 

TITLE  78. 

CANALS. 
ACT  531. 

To  develop  agricultural  interests  and  aid  the  construction  of  a  canal  in 
Colusa,  Solano,  and  Yolo  counties.     [Stats.  1865-66,  p.  451.] 

TITLE  79. 

CAPITOL. 
ACT  536. 

To  prohibit  the  sale  of  intoxicating  liquors  in  the  state  capitol.     [Stats. 
1880,  p.  80.] 
Compare  §  172,  Penal  Code. 

ACT  537. 

Fixing  the  salary  of  the  janitor  of  the  state  capitol  building,  defining  his 
duties  and  making  an  appropriation  therefor.     [Stats.   1893,  p.  46.] 

ACT  538. 

Authorizing  the  construction  and  maintenance  of  drinking  fountains  in 
the    state   capitol   grounds.     [Stats.    1901,   p,    298.] 

TITLE  80. 

CEMETERIES. 
ACT  543. 

To  protect  the  bodies  of  deceased  persons  and  public  graveyards.    [Stats. 
1854,  p.  20.] 
Superseded  by  Penal  Code,  §§  290-297. 

ACT  544. 

Providing  for  the  removal  of  human  remains  from  cemeteries  in   cities 

having  a  population  of  more  than  five  thousand  and  not  exceeding 

one   hundred  thousand. 
[Approved  March  23,  1893.     Stats.  1893,  p.  234.     Amended  1895,  p.  157.] 


81  CEMETERIES.  Act  545,  §§  1,  2 

§1.  The  city  council  of  any  city  in  this  state  having  a  population  of 
more  than  fifteen  hundred  and  not  exceeding  one  hundred  thousand,  may, 
by  ordinance  duly  passed,  and  under  such  lawful  rules  and  regulationa 
which  it  may  adopt,  provide  for  the  exhuming,  taking  up,  and  removal 
from  cemeteries  within  the  boundary  linos  of  such  city,  or  from  cem- 
eteries owned  and  controlled  by  such  city  that  may  have  been  located 
without  its  boundaries  (and  in  which  such  cemeteries  no  interments  of 
human  remains  have  been  made  for  a  period  of  not  less  than  two 
years),  of  all  the  human  remains  interred  in  such  cemeteries.  [Amend- 
ment approved  March  26,  1895.     Stats.  1895,  p.  157.] 

ACT  545. 

An  act  to  protect  public  health  from  infection  caused  by  exhumation  and 

removal    of    the    remains    of    deceased    persons. 
[Approved  April  1,  1878.    Stats.  1877-78,  p.  1050.    Amended  1889,  p.  139.] 

Disinterring  of  bodies  unlawful  without  permit. 

§1.  It  shall  be  unlawful  to  disinter  or  exhume  from  a  grave,  vault, 
or  other  burial  place,  the  body  or  remains  of  any  deceased  person,  un- 
less the  person  or  persons  so  doing  shall  first  obtain,  from  the  board 
of  health,  health  officer,  maj-or,  or  other  head  of  the  municipal  govern- 
ment of  the  city,  town,  or  city  and  county  where  the  same  are  deposited, 
a  permit  for  said  purpose.  Nor  shall  such  body  or  remains  disinterred, 
exhumed,  or  taken  from  any  grave,  vault,  or  other  place  of  burial  or 
deposit,  be  removed  or  transported  in  or  through  the  streets  or  highways 
of  any  city,  town,  or  city  and  county,  unless  the  person  or  persons  re- 
moving or  transporting  such  body  or  remains  shall  first  obtain,  from  the 
board  of  health  or  health  officer  (if  such  board  or  officer  there  be),  and 
from  the  mayor  or  other  head  of  the  municipal  government  of  the  city  or 
town,  or  city  and  county,  a  permit,  in  writing,  so  to  remove  or  transport 
such  body  or  remains  in  and  through  such  streets  and  highways. 

Permits  granted  upon  what. 

§  2.  Permits  to  disinter  or  exhume  the  bodies  or  remains  of  deceased 
persons,  as  in  the  last  section,  may  be  granted,  provided  the  person 
applying  therefor  shall  produce  a  certificate  from  the  coroner,  the  phy- 
sician who  attended  such  deceased  person,  or  other  physician  in  good 
standing  cognizant  of  the  facts,  which  certificate  shall  state  the  cause 
of  death  or  disease  of  which  the  person  died,  and  also  the  age  and  sex 
of  such  deceased;  and  provided  further,  that  the  body  or  remains  of  de- 
ceased shall  be  inclosed  in  a  metallic  case  or  coffin,  sealed  in  such 
manner  as  to  prevent,  as  far  as  practicable,  any  noxious  or  offensive  odor 
or  effluvia  escaping  therefrom,  and  that  such  case  or  coffin  contains  the 
body  or  remains  of  but  one  person,  except  where  infant  children  of  the 
same  parent  or  parents,  or  parent  and  children,  are  contained  in  such 
case   or   coffin.     And   the   permit  shall   contain   tlie   above   conditions   and 

the  words:  "Permit  to  remove  and  transport  the  body  of  ,  age  , 

sex  ,"   and   the   name,   age,   and   sex   shall   be   written   therein.     The 

officer   of   the  municipal   government   of   the   city   or   town,   or   city   and 
Gen.  Laws — 6 


Act  545,  §§3-7  GENERAL  LAWS.  82 

county,  granting  such  permit,  shall  require  to  be  paid  for  each  permit 
the  sum  of  ten  dollars,  to  be  kept  as  a  separate  fund  by  the  treasurer, 
and  which  shall  be  used  in  defraying  expenses  of  and  in  respect  to  such 
permits,  and  for  the  inspection  of  the  metallic  cases,  coffins,  and  inclos- 
ing boxes  herein  required;  and  on  account  of  such  moneys  shall  be  em- 
braced in  the  accounts  and  statements  of  the  treasurer  having  the 
custody  thereof. 

Misdemeanor, 

§  3.  Any  person  or  persons  who  shall  disinter,  exhume,  or  remove, 
or  cause  to  be  disinterred,  exhumed,  or  removed,  from  a  grave,  vault,  or 
other  reeeptable  or  burial  place,  the  body  or  remains  of  a  deceased  per- 
son, without  a  permit  therefor,  shall  be  guilty  of  a  misdemeanor  and  be 
punished  by  a  fine  not  less  than  fifty  nor  more  than  five  hundred  dollars, 
or  by  imprisonment  in  the  county  jail  for  not  less  than  thirty  days  nor 
more  than  six  months,  or  by  both  such  fine  and  imprisonment.  Nor  shall 
it  be  lawful  to  receive  such  body,  bones,  or  remains  on  any  vehicle,  car, 
barge,  boat,  ship,  steamship,  steamboat,  or  vessel  for  transportation  in  or 
from  this  state,  unless  the  permit  to  transport  the  same  is  first  received, 
and  is  retained  in  evidence  by  the  owner,  driver,  agent,  superintendent,  or 
master  of  the  vehicle,  car,  or  vessel. 

Transportation  of  bodies  exhumed  without  permit — ^Misdemeanor. 

§4.  Any  person  or  persons  who  shall  move  or  transport,  or  cause  to 
be  moved  or  transported,  on  or  through  the  streets  or  highways  of  any 
city  or  town,  or  city  and  county,  of  this  state,  the  body  or  remains  of  a 
deceased  person,  which  shall  have  been  disinterred  or  exhumed  without 
a  permit,  as  described  in  section  2  of  this  act,  shall  be  guilty  of  a  mis- 
demeanor, and  be  punishable  as  provided  in  section  3  of  this  act. 

Reward  for  information. 

§  5,  Any  person  who  shall  give  information  to  secure  the  conviction 
of  any  person  or  persons  for  the  violation  of  the  provisions  of  this  act 
shall  be  entitled  to  receive  the  sum  of  twenty-five  dollars,  to  be  paid 
from  the  fund  collected  from  fines  imposed  and  accruing  under  this  act. 

Removal  of  remains  of  deceased  persons. 

§  6.  Nothing  in  this  act  contained  shall  be  taken  to  apply  to  the  re- 
moval of  the  remains  of  deceased  persons  from  one  place  of  interment 
to  another  cemetery  or  place  of  interment  within  this  state;  provided, 
that  no  permit  shall  be  issued  for  the  disinterment  or  removal  of  any 
body,  unless  such  body  has  been  buried  for  one  year  or  more,  without  the 
written  consent  of  the  mayor,  chairman  of  the  board  of  supervisors,  or 
city  council  of  any  municipality  of  the  state.  [Amendment  approved 
March  13,  1889.     Stats.  1889,  p.  130.     In  effect  immediately.] 

§7.  This  act  shall  take  effect  and  be  in  force  from  the  thirtieth  day 
after  its  passage  and  approval. 


83  CEMETERIES.  Act  546,  §§1-7 

ACT  546. 

An  act  to  provide  for  public  cemetery  districts. 
[Approved  March  6,  1909.     Stats.  1909,  p.  156.] 

§  1.  Whenever  a  board  of  county  supervisors  shall  receive  the  peti- 
tion of  a  majority  of  the  electors  enumerated  upon  the  great  register  as 
residing  within  a  district  in  such  county,  definitely  described  in  such 
petition,  requesting  that  the  said  district  be  organized  as  a  public  cem- 
etery district,  they  shall  organize  such  public  cemetery  district  aa  pro- 
vided in  this  act. 

§  2.  Such  public  cemetery  district  shall  be  managed  by  three  trustees, 
appointed  by  the  board  of  supervisors  from  the  electors  residing  therein; 
but  if  a  majority  of  the  resident  electors  shall,  in  their  petition,  designate 
the  names  of  the  trustees  whom  they  shall  desire  to  be  appointed,  the 
board  of  supervisors  shall  appoint  the  persons  so  named.  The  trustees 
shall  hold  for  four  years,  and  their  successors  be  appointed  in  like  manner. 

§3.  Such  cemetery  trustees  shall  maintain  a  cemetery  for  the  use  of 
all  inhabitants  of  the  district,  and  for  that  purpose  shall  be  capable 
of  holding  title  to  property  in  trust  for  the  district,  taking  property 
by  grant,  gift,  devise  or  any  other  method,  and  doing  all  acts  necessary 
or  proper  for  managing  the  affairs  of  the  district,  including  the  selling 
or  leasing  of  burial  lots. 

§4.  The  said  cemetery  trustees  may  annually  certify  to  the  county 
board  of  supervisors  the  amount  of  money  necessary  to  be  raised  by 
taxation  for  maintaining  the  cemetery  of  the  district,  and  the  board  of 
county  supervisors  shall  thereupon  include  in  the  annual  tax  levy  a  tax 
upon  all  the  property  within  such  cemetery  district,  sufficient  to  raise 
the  amount  demanded  by  the  trustees,  but  not  exceeding  two  mills  on 
each   dollar  of   assessed   valuation  within   the   district. 

§5.  The  tax  so  collected,  together  with  all  other  moneys  received  by 
the  trustees  shall  be  paid  into  the  county  treasury,  and  constitute  a 
separate  fund  to  be  expended  solely  for  the  purposes  of  the  cemetery 
district  upon  warrants  signed  by  not  less  than  two  of  the  cemetery 
trustees. 

§  6.  The  trustees  shall  as  soon  after  the  first  day  of  July  in  each  year 
as  is  practicable,  file  with  the  county  board  of  supervisors  a  report,  set- 
ting forth  all  their  doings  during  the  preceding  year,  and  containing 
an  itemized  account  of  all  their  receipts  and  disbursements  up  to  and 
including  the  thirtieth  day  of  June,  together  with  proper  vouchers  there- 
for. 

§  7.  The  trustees  shall  make  proper  rules  and  regulations  f  o,r  the  man- 
agement of  the  cemeteries  under  their  control,  and  all  laws  now  in  ex- 
istence relating  to  cemeteries,  and  not  inconsistent  with  this  act  shall 
apply  to  the  cemeteries  provided  for  in  this  act. 


k 


Acts  549-555  GENERAL  LAWS.  £4 

TITLE  81. 

CEMETERY  CORPORATIONS. 
ACT  549. 

Authorizing  incorporation  of  rural   cemetery  associations.     [Stats.   1859, 
p.  281.] 
Amended  1863-64,  p.   12;   J 891,  p.  264;   1899,  p.  36. 
Repealed:   See   §  288,  Civil  Code. 
Citations.      Cal.  115/373;   140/232;  152/468,  476. 

ACT  550. 

To  provide  the  manner  of  execution  of  deeds  by  cemetery  corporations. 
[Stats.  1895,  p.  75.] 
This  act  appears  in  Appendix.  Civil  Code,  p.  1907. 

TITLE  82. 

CENSUS. 
ACT  555. 

An  act  to  authorize  any  city,  or  city  and  county  of  this  st-ate  to  take  its 
census. 
[Approved  February  25,  1897.     Stats.  1897,  p.  28.] 
Citation.      Cal.  123/85. 

§  1.  The  council,  or  other  legislative  body  of  any  city  in  this  state, 
and  the  board  of  supervisors,  or  other  legislative  body  of  any  city  and 
county  of  this  state,  is  hereby  authorized,  whenever  said  council,  board 
of  supervisors,  or  other  legislative  body,  may  deem  it  necessary,  between 
the  years  of  taking  the  federal  census,  to  take  the  census  of  such  city,  or 
city  and  county,  in  the  manner  prescribed  by  section  2  of  this  act. 

§2.  Said  council,  board  of  supervisors,  or  other  legislative  body  of 
any  city,  or  city  and'  county  of  this  state  electing  to  take  a  census,  as 
in  this  act  provided  for,  shall  pass  a  resolution  of  intention  declaring 
its  intention  to  cause  such  census  to  be  taken  by  one  or  more  suitable 
persons  appointed  therefor  by  such  council,  board  of  supervisors,  or 
other  legislative  body,  at  the  expense  of  said  city  or  cities  desiring  such 
census  taken,  and  such  census  shall,  by  such  persons  so  appointed,  be 
taken  of  all  the  inhabitants  of  such  city,  or  city  and  county,  and  in  said 
census  the  full  name  of  each  person  shall  be  plainly  written  and  the 
Dames  alphabetically  arranged  and  regularly  numbered  in  one  complete 
series,  and  when  completed  shall  be  verified  before  any  officer  authorized 
to  administer  oaths,  and  be  filed  with  the  clerk  of  such  city,  or  city  and 
county. 

§  3.  A  certified  copy  of  such  census  shall  be  prepared  by  said  clerk 
after  being  so  filed,  and  shall  be  filed  by  him  with  the  secretary  of  state 
for  this  state,  and  thereupon  the  same  shall  be  known  and  be  the  offi- 
eial  state  census  of  said  city,  or  city  and  county. 


85  CENTRAL    PACIFIC    RAILROAD    COMPANY.  Acts  500-673 

§4.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

Taking  of  census:    See  Political   Code,  §  4055 

TITLE  83. 

CENTRAL  PACIFIC  RAILROAD  COMPANY. 
ACT  560. 

Authorizing  relocation  of  route  of.     [Stats.  1S63,  p.  320.] 

ACT  561. 

To  aid  construction  of,  and  to  secure  the  use  of  the  same  to  this  state  for 
military  and  other  purposes.     [Stats.  1863-64,  p.  344.] 
Citations.      Cal.  66/39;    70/176. 

ACT  562. 

To  aid  in  carrying  out  the  provisions  of  the  Pacific  railroad   and   tele- 
graph act  of  Congress.     [Stats.  1863-64,  p.  471.] 

This  act  granted  certain  privileges  to  the  Central  Pacific  Railroad  Company. 

Citations.      Cal.  71/86. 

ACT  563. 

For  relief  of.     [Stats.  1871-72,  p.  432.] 
This  act  validated  the  certificate  of  incorporation   of  the   San   Joaquin   Valley 
Railroad,  which  consolidated  with  other  railroads  under  the  name  of  the  Central 
Pacific  Railroad. 

TITLE  84. 
CHAMBERS  OF  COMMERCE. 
ACT  568. 

To  provide  for  the  formation  of  chambers  of  commerce,  boards  of  trade, 
mechanics'    institutes,    and    other    kindred    protective    associations. 
[Stats.    1865-66,   469.] 
Amended  1867-68,  p.  5;    1885,  p.  76. 
Codified  by  §§  591-592e,  Civil  Code. 

TITLE  85. 
CHARITIES  AND  CORRECTIONS. 
ACT  573. 

An  act  to  create  a  state  board  of  charities  and  corrections,  prescribing 

its  duties  and  powers,  and  appropriating  money  therefor. 

[Approved  March  25,  1903.     Stats.  1903,  p.  482.] 

§1.  A  state  board  of  charities  and  corrections  is  hereby  created 
of  six  members,  to  be  appointed  by  the  governor,  with  the  advice  and 
consent  of  the  senate,  not  more  than  three  of  whom  shall  be  of  the 
same  political  party.  Such  members  shall  hold  office  for  the  period  of 
twelve  years  and  until  their  successors  are  appointed  and  qualified;  pro- 


Act573,  §§2,  3  GENERAL  LAW3.  86 

vided,  that  the  members  of  the  first  board  appointed  under  this  act  shall, 
at  their  first  meeting,  so  classify  themselves  by  lot  that  two  of  them 
shall  go  out  of  office  at  the  end  of  four  years,  two  at  the  end  of  eight 
years,  and  two  at  the  end  of  twelve  years,  and  an  entry  of  such  classifi- 
cation shall  be  made  in  the  minutes  of  said  board,  and  a  duplicate  there- 
of shall  be  filed  in  the  office  of  the  secretary  of  state.  Women  may  be 
appointed  members  of  said  board,  or  hold  any  position  in  the  appoint- 
ment of  said  board.  No  person  shall  be  appointed  a  member,  or  continue 
to  act  as  such,  while  be  is  a  trustee,  manager,  director,  or  other  admin- 
istrative officer  of  an  institution  subject  to  the  terms  of  this  act.  Ap- 
pointments to  fill  vacancies  before  the  expiration  of  such  terms,  shall  be 
made  for  the  residue  of  terms  in  the  same  manner  as  original  appoint- 
ments.    The  governor  shall  be  ex  officio  a  member  of  said  board. 

§2.  The  members  shall  act  without  compensation,  but  shall  be  al- 
lowed their  actual  necessary  expenses.  The  said  board  may  appoint  a 
secretary,  who  shall  receive  such  salary  as  may  be  determined  by  said 
board,  not  to  exceed  twenty-four  hundred  ($2400)  dollars  per  annum. 
All  the  expenses  of  said  board,  including  the  salary  of  the  secretary, 
shall  not  exceed  the  sum  of  six  thousand  ($6,000)  dollars  in  any  one 
fiscal  year,  and  said  sum  of  six  thousand  ($6,000)  dollars  is  hereby  ap- 
propriated annually  therefor  out  of  any  moneys  in  the  treasury  not  other- 
wise appropriated.  The  secretary  of  said  board  shall  execute  a  bond  in 
the  sum  of  five  thousand  ($5,000)  dollars,  and  take  the  oath  of  office  pre- 
scribed by  the  Political  Code  for  the  executive  officers  of  this  state. 
The  board  shall  provide  itself  with  an  office  in  the  city  and  county  of 
San  Francisco.  Meetings  of  the  board  may  be  held  at  such  times  and  in 
such  places  in  the  state  of  California  as  said  board  may  deem  fit.  It 
may  make  such  rules  and  orders  for  the  regulation  of  its  own  proceed- 
ings as  it  may  deem  necessary,  and  may  fix  the  number  of  members  nec- 
essary to  constitute  a  quorum.  The  failure  of  a  member  to  attend  three 
consecutive  meetings  of  said  board  during  any  calendar  year,  unless 
excused  by  formal  vote  of  the  board,  may  be  construed  by  the  governor 
as  a  resignation  of  said  nonattending  member. 

§  3.  The  board  is  hereby  empowered  and  authorized,  and  it  shall  be 
its  duty  as  a  whole,  or  by  committee,  or  by  its  secretary,  to  investigate, 
examine,  and  make  reports  upon  the  charitable,  correctional,  and  penal 
institutions  of  the  state,  including  the  state  hospitals  for  the  insane  of 
the  counties,  cities  and  counties,  cities  and  towns  of  the  state,  and  such 
public  officers  as  are  in  any  way  responsible  for  the  administration  of 
public  funds  used  for  the  relief  or  maintenance  of  the  poor  in  public 
institutions  or  of  any  of  the  inmates  of  said  institutions.  All  the  per- 
sons or  officers  in  charge  of  or  connected  with  such  public  institutions 
or  with  the  administration  of  said  funds  are  hereby  required  to  furnish 
to  the  board  or  its  committee  or  secretary  such  information  and  statistics 
as  they  may  request  or  require,  and  allow  said  board,  committee  or  sec- 
retary free  access  to  all  departments  of  such  institutions  and  to  all  of 
their  records.     In  order  to  secure  accurac;^'',  uniformity  and  completeness 


87  CHARITIES  AND  CORRECTIONS.  Act  573,  §5  4-6 

in  such  statistics  and  information,  the  board  may  prescribe  such  forms 
of  report  and  records  by  the  state  commission  in  luuacy  regarding  the 
state  hospitals  for  the  insane  and  by  such  other  officers,  boards  or  in- 
stitutions as  it  may  deem  necessnry  and  also  such  forms  of  registration 
at  all  public  institutions  referred  to  in  this  section  as  it  may  require. 
The  state  commission  in  lunacy  on  behalf  of  the  institutions  under  its 
charge  and  the  officers  of  all  other  institutions,  and  all  officers,  in  any 
way  responsible  for  public  funds  used  for  the  relief  of  the  poor  or  the 
maintenance  of  any  inmates  of  said  public  institutions,  are  hereby  re- 
quired to  follow  such  forms,  records  and  registration  so  prescribed;  pro- 
vided, that  the  intent  of  this  law  is  that  so  far  as  possible,  the  board 
shall  make  use  of  the  forms  of  report,  record  and  registration  now  ob- 
taining in  the  state  commission  of  lunacy  and  other  state  boards  and 
institutions.  All  plans  of  new  buildings  or  parts  of  buildings  for  any  of 
the  public  institutions  coming  under  the  provisions  of  this  act,  or  any 
additions  or  alterations  in  such  buildings,  shall,  before  their  adoption  by 
the  proper  officials,  be  submitted  to  the  board  for  suggestions  and  criticism. 

§  4.  The  board  shall  have  the  power  to  issue  compulsory  process  to 
compel  the  attendance  of  any  witness  before  said  board  or  any  member 
thereof,  and  to  require  the  production  of  such  books  or  papers  relating  to 
any  public  institution  mentioned  in  section  3  of  this  act  as  they  may 
deem  necessary;  provided,  that  no  witness  shall  be  required  to  attend  be- 
fore said  board  out  of  the  county  in  which  he  resides.  Any  member  of 
said  board  shall  have  power,  and  he  is  hereby  authorized  to  administer 
an  oath  to  any  and  all  witnesses  coming  before  said  board,  or  any  mem- 
ber thereof,  for  examination,  and  to  examine  such  witness  or  witnesses 
in  reference  to  any  matter  relating  to  public  institutions  mentioned  in 
section  3  of  this  act  appertaining  to  the  inquiry  before  the  board,  or  said 
member.  Disobedience  of  a  subpoena  issued  by  said  board,  or  refusal 
to  be  sworn,  or  to  answer,  shall  subject  such  person  disobeying  or  refus- 
ing to  a  forfeiture  of  one  hundred  dollars,  to  be  recovered  in  a  civil 
action  brought  in  a  court  of  competent  jurisdiction  by  said  board  in  its 
name  as  plaintiff,  the  money  recovered  to  be  appropriated  to  the  use  of 
said  board. 

§  5.  No  provision  in  this  act  contained  shall  in  any  way  be  construed 
as  preventing  the  governor  of  this  state  from  making  a  plenary  in- 
vestigation in  reference  to  the  conduct  of  any  public  institutions  under 
the  terms  of  any  act  of  the  legislature  of  this  state.  Furthermore,  the 
governor  may  at  any  time  order  an  investigation  by  the  board,  or  by  a 
committee  of  its  members,  of  the  management  of  the  above-named  in- 
stitutions, or  any  thereof. 

§  6.  Three  months  prior  to  each  regular  session  of  the  legislature,  the 
board  shall  make  a  full  and  complete  report  to  the  governor  of  all  its 
transactions  during  the  preceding  two  years,  showing  fully  and  in  detail 
all  expenses  incurred  and  moneys  paid  out  by  it,  and  giving  a  list  of  all 
officers  and  agents  employed,  and  the  actual  condition  of  all  institutions 
under  its  supervision,  with  such  suggestions  as  it  may  deem  necessary 


Act578,  §§l-a  GENERAL  LAWS.  88 

and  pertinent,  and  with  recommendations  for  legislative   and   executive 
action. 

§  7.  The  provisions  of  this  act  shall  not  apply  to  the  Veterans'  Home 
of  California,  located  at  Yountville,  Napa  County,  nor  to  the  Woman's 
Relief    Corps    Home    at    Evergreen,    Santa    Clara    County. 

§  8.  All  acts  and  parts  of  acts  in  conflict  with  the  provisions  of  this 
act  are  hereby  repealed. 

§  9.  This  act  shall  be  in  force  and  take  effect  from  and  after  its 
passage. 

TITLE  86. 

CHEESE. 
ACT  578. 

An  act  defining  the  different  grades  of  cheese  and  for  branding  the  same, 

manufactured  in  the  state  of  California. 

[Approved  March  4,  1897.     Stats.  1897,  p.  69.] 

§  1.  Every  person  or  persons^  firm  or  corporation,  who  shall  at  any 
creamery,  cheese  factory,  or  private  dairy,  manufacture  cheese  in  the 
state  of  California,  shall,  at  the  place  of  manufacture,  brand  distinctly, 
and  durably  on  the  bandage  of  each  and  every  cheese  manufactured,  and 
upon  the  package  or  box  when  shipped,  the  grade  of  cheese  manu- 
factured, as  follows:  "California  full-cream  cheese,"  "California  half-skim 
cheese,"  and  "California  skim  cheese." 

§2.  All  brands  for  branding  the  different  grades  of  cheese  shall  be 
procured  from  the  state  dairy  bureau,  and  said  bureau  is  hereby  directed 
and  authorized  to  issue  to  all  persons,  firms,  or  corporations,  upon  ap- 
plication therefor,  uniform  brands,  consecutively  numbered,  of  the  dif- 
ferent grades  specified  in  section  1  of  this  act.  The  state  dairy 
bureau  shall  keep  a  record  of  each  and  every  brand  issued,  and  the  name 
and  location  of  the  manufacturer  receiving  the  same.  No  manufacturer 
of  cheese  in  the  state  of  California,  other  than  the  one  to  whom  such 
brand  is  issued,  shall  use  the  same,  and  in  case  of  a  change  of  location, 
the  party  shall  notify  the  bureau  of  such  change. 

§3.  The  different  grades  of  cheese  are  hereby  defined  as  follows: 
Such  cheese  only  as  shall  have  been  manufactured  from  pure  milk,  and 
from  which  no  portion  of  the  butter  fat  has  been  removed  by  skimming 
or  other  process,  and  having  not  less  than  thirty  per  cent  of  butter  fat, 
shall  be  branded  as  "California  full-cream  cheese";  and  such  cheese  only 
as  shall  be  made  from  pure  milk,  and  having  not  less  than  fifteen  per 
cent  of  butter  fat,  shall  be  branded  "California  half -skim  cheese";  and 
such  cheese  only  as  shall  be  made  from  pure  skim-milk  shall  be  branded 
"California  skim  cheese";  provided,  that  nothing  in  this  section  shall  be 
construed  to  apply  to  "Edam,"  "Brickstein,"  "Pineapple,"  "Limburger," 
"Swiss,"  or  hand-made  cheese,  not  made  by  the  ordinary  Cheddar  process. 


89  CHICO— CHINESE.  Acts  583-590 

§  4.  No  person  or  persons,  firms  or  corporations,  shall  sell,  or  offer  for 
sale,  any  cheese,  manufactured  in  the  state  of  California,  not  branded  by 
an  official  brand  and  of  the  grade  defined  in  section  3  of  this  act. 

§5.  "Whoever  shall  violate  any  of  the  provisions  of  this  act  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall,  upon  conviction  thereof,  be 
punished  for  the  first  offense  by  a  fine  of  not  less  than  twenty-five 
dollars  ($25)  nor  more  than  fifty  dollars  ($50),  or  by  imprisonment  in 
the  county  jail  for  not  exceeding  twenty-five  days;  and  for  each  sub- 
sequent offense  by  a  fine  of  not  less  than  fifty  dollars  ($50)  nor  more 
than  one  hundred  dollars  ($100),  or  by  imprisonment  in  the  county  jail 
not  less  than  fifty  days  nor  more  than  one  hundred  days,  or  by  both 
such  fine  and  imprisonment,  at  the  discretion  of  the  court. 

§  6.  All  acts  or  parts  of  acts  inconsistent  with  this  act  are  hereby  re- 
pealed. 

§  7.     This  act  shall  take  effect  sixty  days  after  its  passage. 

TITLE  87. 

CHICO. 
ACT  583. 

Statute  incorporating.     [Stats.  1871-72,  p.  11.] 
Amended  1871-72,  p.  24S.      Amended  and  supplemented  1873-74,  p.  213.      Fur- 
ther  amendments   and   supplemental   matters,    1875-76,   p.    22;    1877-78,    p.    456; 
1887,    p.    63.      Superseded   by   incorporating,    in   1895,   under   Municipal   Govern- 
ment Act  of  1883. 

TITLE  SB. 

CHINESE. 
ACT  588. 

To   prevent   the   further  immigration   of   Chinese   or   Mongolians   to   this 
state.     [Stats.  1858,  p.  295.] 
This  act   does  not   appear  to  have  been  passed   on   by   the   supreme   court,    al- 
though   it    is   undoubtedly   unconstitutional.      Under    any    circumstances    the   penal 
portion  of  it  is  superseded  by  the  Penal  Code,  §  6. 

ACT  589. 

To  protect  free  white  labor  from  competition  with  Chinese  labor  and  to 
discourage  the  immigration  of  Chinese.     [Stats.   1862,  p.  462.] 
This  act  imposed  a  police  tax  on  Chinese.     It  was  declared  unconstitutional  in 
Lin  Sing  v.  Washburn,  20  Cal.  534. 

ACT  590. 

To  prohibit  the  coming  of  Chinese  into  the  state,  whether  the  subjects  of 
the  Chinese  empire  or  not,  and  to  provide  for  registration  and  cer- 
tificates of  residence  and  determine  the  status  of  all  Chinese  persons 
now  resident  of  this  state,  and  fixing  penalties  and  punishments  for 


Acts  591-604  GENERAL  LAWS.  90 

violation   of  this   act,   and   providing   for   deportation   of   criminals. 

[Stats.  1891,  p.  185.] 

Unconstitutional:   Ex  parte  Ah  Cue,  101  Cal.  197. 

ACT  591. 

To  prevent  the  importation  of  Chinese  criminals  and  to  prevent  the  estab- 
lishment of  coolie  slavery.     [Stats.  1869-70,  p.  332.] 
Superseded  by  §  174  of  the  Penal  Code. 

ACT  592. 

To  prevent  the  kidnaping  and  importation   of   Mongolian,   Chinese   and 
Japanese    females    for    criminal    or    demoralizing    purposes.     [Stats. 
1869-70,  p.  330.] 
Superseded  by  Penal  Code,  S  174. 
Citations.      Cal.  64/236. 
See  post,  Act  2797. 

ACT  593. 

For  the  suppression   of   Chinese  houses  of  ill-fame.     [Stats.    1SG5-66,   p. 
611.     Amended  1873-74,  p.  84.] 
Continued  in  force  by  Political  Code,  §  19:  Penal  Code,  §  23. 

The  amending  act  of  1873-74,  p.  84,  is  codified  by  §  315  of  Penal  Code.  See 
Penal  Code,  §  315. 

ACT  594. 

To  provide  for  the  removal  of  Chinese  outside  the  limits  of  cities  and 
towns.     [Stats.  1880,  p.  22.] 
Probably  unconstitutional. 

TITLE  89. 
CITY  ATTOENEY. 
ACT  599. 

To  provide  for  furnishing  assistants  to  city  and  city  and  county  attor- 
neys in  every  city,  or  citj'  and  county  having  a  population   of  one 
hundred  thousand  or  over,  and  providing  for  their  mode  of  appoiut- 
ment  and  compensation.     [Stats,  1891,  p.  95.] 
Superseded  as  to  San  Francisco  by  c.  2  of  art.  V  of  its  charter. 

TITLE  90. 

CIVIL  EIGHTS. 
ACT  604. 

Making  it  unlawful  to  refuse  admission  to  places  of  amusement.      [Stats. 
1893,  p.  220.J 
Codified  by  §§  53,  54  of  Civil  Code. 

"Superseded  by  Civil  Code,  §§  53,  54  (1905,  p.  554).  Constitutio-.ial.  (Green- 
berg  V.  Western  Turf  Assn.,  140  Cal.  357;  Greenberg  v.  Western  Turf  Assn.,  148 
Cal.  126.)" — Code  Commissioner's  Note. 


01  CLEAR  LAKE— COLLEGE   CITY.  Acts  605-627 

ACT  605. 

An  act  to  protect  all  citizens  in  their  civil  and  legal  rights,     [Approved 
March  13,  1897.     Stats.  1897,  p.  137.] 
Codified  by  §§  51,  52,  Civil  Code,  adopted  1905. 
Citations.     CaL  1 19/602. 

TITLE  91. 
CLEAE  LAKE. 
ACT  607. 

Clear  Lake,  in  Lake  County,  declared  navigable.      [Stats.  1877-78,  p.  630.] 

"See  Political  Code,  §  2349,  from  -which  this  lake  is  omitted,   and  this  statute, 

apparently,    thereby   repealed    (Cardwell   v.    County   of   Sacramento,    79    Cal.  347). 

Renewed  by  Political   Code,  §  2349,    as   amended  in  1907." — Code  Commissioner's 

Note. 

TITLE  92. 
CLOVERDALE. 
ACT  612. 

Incorporating.      [Stats.  1871-72,  p.  164.] 
Amended  1871-72,  p.  550;  1875-76,  p.  171.      Superseded  by  incorporating  un- 
der Municipal  Government  Act  of  1883. 

TITLE  93. 

COAST  SURVEY. 

ACT  617. 

To  authorize  persons  engaged  in  the  U.  S.  coast  survey  to  enter  upon 
lands  within  the  state;  to  protect  the  operations  of  the  same  from 
injury  and  molestation,  and  to  ascertain  the  mode  of  assessing  dam- 
ages and  to  punish  offenders.     [Stats.  1852,  p.  147.] 

TITLE  94. 

CODES. 

ACT  622. 

To  create  and  establish  a  commission  for  revising,  systematizing,  and  re- 
forming the  laws  of  this  state,  and  for  the  appointment  of  the  mem- 
bers of  said  commission,  to  be  known  as  "The  commissioners  for  the 
revision  and  reform  of  the  law,"  and  to  prescribe  their  powers  and 
duties;  and  to  authorize  the  appointment  of  a  secretary  and  sten- 
ographer therefor;  and  to  provide  for  the  compensation  and  expenses 
of  said  commission,  secretary,  and  stenographer,  and  to  appropriate 
money  therefor.  [Approved  March  28,  1895.  Stats.  1895,  p.  345. 
In  effect  immediately.] 
Amended  1903,  p.  479;  1905,  p.  403;   1907,  p.  294;  1909,  p.  997. 

TITLE  95. 
COLLEGE  CITY. 
ACT  627. 


,    prohibiting    sale    of    intoxicating    liquors 
of.     [Stats.  1 - 


within  one  mile  of.     [Stats.  1875-76,  p.  691.] 


Acts  632-645  GENERAL  LAWS.  92 

TITLE  96, 

COLLEGES. 
ACT  632. 

To  provide  for  the  incorporation   of  colleges.      [Stats.   1850,  p.  273.] 

Amended  1855,  p.  110;   1SG7-G8,  pp.  69,  218;  lSGO-70,  p.  419,   1870-74,  p.  85; 
Supp.  1863,  p.  775;   1871-72,  p.  10. 
Citations.      Cal.  49/461. 

ACT  633. 

Providing  for  the  incorporation  of  institntions  of  learning,  science,  and 
art.     [Stats.  1867-68,  p.  204.] 
Repealed,  §  288,  Civil  Code. 

ACT  634. 

Expressing  assent  of  the  state  of  California  to  the  act  of  Congress,  ap- 
proved August  thirtieth,  eighteen  hundred  and  ninety,  entitled  "An 
act  to  apply  a  portion  of  the  proceeds  of  the  public  lands  to  the  more 
complete  endovv'ment  and  support  of  the  colleges  for  the  benefit  of 
agriculture  and  the  mechanic  arts  established  under  the  provisions 
of  an  act  of  Congress,  approved  July  second,  eighteen  hundred  and 
sixty-two,"  and  to  the  purposes  of  the  grants  of  moneys  authorized 
therebv,  and  to  all  the  provisions  thereof.  [Approved  March  31, 
1S91.  ■'stats.  1S91,  p.  458.] 
The  object  of  the  act  sufficiently  appears  from  the  title. 

TITLE  97. 
COLOMA. 
ACT  639. 

Incorporating  Coloma.     [Stats.  1S58,  p.  207.] 
Repealed  1909,  p.  1001. 

TITLE  98. 
COLTON  HALL. 
ACT  640. 

To  provide  for  the  appointment  of  a  board  of  Colton  Hall  trustees,  and 
for  the  leasing  of  the  Colton  Hall  property,  and  providing  for  an 
appropriation  for  the  preservation,  protection,  and  improvement  of 
said  property.     [Approved  March  25,  1903.     Stats.  1903,  p.  435.] 

TITLE  99. 

COLUSA  COUNTY. 
ACT  645. 

Protectinff   agriculture    and   preventing   trespassing   of    animals.     [Stats. 
1871-72,  p.  685.] 
Amended   1873-74,  p.  760.     Modified,  if  not  repealed,  by  thu  astray  law,  1897, 
p.  198;   1901,  p.  603. 


93  COLUSA   COUNTY.  Acts  G46-C56 

ACT  646. 

To  develop  agricultural  interests  and  aid  the  construction  of  a  canal  in 
Colusa,  Solano,  and  Yolo  counties.     [Stats.  1865-66,  p.  451.] 

ACT  647. 

Approval   of   official  bonds.     [Stats.    1877-78,   p.   77.] 
Repealed   1877-78,  p.  113. 

ACT  648. 

Fixing  amount  of  official  bonds  in.     [Stats.  1877-78,  p.  569.] 
Repealed  by  County  Government  Act,  1897,  p.  475,  §  66. 

ACT  649. 

To   provide  for  the  drainage  of  certain  lands  in  the  counties  of  Colusa 

and  Yolo.     [Stats.   1877-78,   p.   1037.] 
ACT  650. 

Partition  fences  in.     [Stats.   1875-76,  p.   207.] 
ACT  651. 

Fees  of  office   and  salaries   of  certain   officers,   regulating   and  repealing 
prior  acts.     [Stats.  1873-74,  p.  873.] 
Repealed   by   the   fee   bill   of   1895,   p.   267,    and   by    County    Government   Act, 
1897,  p.  452. 

ACT  652. 

Fees  and  salaries  of  officers  of.     [Stats.   1877-78,  p.  36.] 
Repealed  as  to  salaries  by  County  Government  Act,  1897,  p.  555,  §  196,  and  by 
fee  bill  of  1895,  p.  267,  as  to  the  fees  of  the  officers  therein  named. 

ACT  653. 

Additional  tax  for  judges'   and   district  attorneys'   salary   fund.     [Stats. 
1871-7a,   p.   98.] 
Probably  rendered  inoperative  by  the   constitution,   which   abolished   the   ofBce 
of  county  judge. 

ACT  654. 

Justices  of  the  peace  in.     [Stats.  1877-78,  p.  782.] 
Repealed  by  fee  bill  of  1895,  p.  272. 

ACT  655. 

Public  roads  in.     [Stats.  1871-72,  p.  826] 
Repealed   1883,  p.  5,  c.    X,  §  2. 
Citations.      App.  1/719,  720,  721. 

ACT  656. 

Yolo  and  Colusa  counties,  public  road  along  boundary  line  between,  estab- 
lishing.    [Stats.  1873-74,  p.  213.] 


Acts  657-676  GENERAL  LAWS.  94 

ACT  657. 

Establishing,   maintaining   and   protecting  public   and   private   roads   in. 
[Stats.  1873-74,  p.  621.] 
Amended  1875-76,  pp.   401,   481;    1877-78,   p.   327.     Repealed  1883,   p.    5,   c. 
X,  §  2. 

ACT  658. 

Additional  powers  of  supervisors.     [Stats.  1877-78,  p.  563.] 
Repealed  by  County  Government  Act,  1897,  p.  452. 

ACT  659. 

To  confer  certain  powers  on  supervisors  of.     [Stats.  1877-78,  p.  567.] 
Repealed  by  County  Government  Act,  1897,  p.  452. 

ACT  660. 

Quieting  title  to  certain  lands  in.     [Stats.  1873-74,  p.  818.] 
This   act  released  to   the  United   States   government   lands   sold  to   actual   set- 
tlers by  the  United  States. 

TITLE  100. 
COLUSA,  TOWN  OF. 
ACT  665. 

Incorporating.     [Stats.  1875-76,  p.  669.] 
Amended  1877-78,  p.  248. 

ACT  666. 

Issuance  of  bonds  for  road  purposes.     [Stats.  1877-78,  p.  369.] 
Amended  1880,  p.  9. 

COMMEECE. 
See  tit.  "Chambers  of  Commerce." 

TITLE  101. 
COMMISSIONERS  IN  EQUITY. 
ACT  671. 

For  the  appointment  of  commissioners  in  equity.     [Stats.   1861,  p.  183.] 
Repealed  by  Political  Code  and  Code  of  Civil  Procedure. 

This  act  provided  for  the  appointment  of  commissioners  in  equity  to  take  tes- 
timony in  equity  cases. 

TITLE  102. 
COMMISSIONERS  OP  TRANSPORTATION. 
ACT  676. 

To  create  the  office  of  commissioner  of  transportation,  etc.     [Stats.  1877- 
78,  p.  969.] 
Repealed  1909,  p.  499. 

Codified  in  part  by  §§  369b,  369d,  369f,  Penal  Code:  See  Penal  Code,  §§  360b, 
369d,  369f. 

The  code  commissioners  say  this  act  was  repealed  by  the  constitution  of  1879: 
See  Dyer  v.  Placer  County,  90  Cal.  276,  p.  278;  Giesecke  v.  San  Joaquin 
County,   109  Cal.  489. 


95  COMMON  LAW— CONSTABLES.  Acts  681-698 

TITLE  103. 
COMMON  LAW. 
ACT  681. 

Adopting  the  common  law.     [Stats.  1850,  p.  219.] 
Re-enacted  in  Political  Code,  §  4468. 
Citations.     Cal.  42/167;   69/337,  379,   380;   83/518;   141/121;   146/313. 

TITLE  104. 

CONGRESS. 
ACT  686. 

To  divide  the  state  of  California  into  congressional  districts..     [Approved 
March  11,  1891.     Stats.  1891,  p.  84.] 
Citations.      Cal.  125/624. 
This  act  was  superseded  by  the  following  act: 

ACT  687. 

To    divide    the   state   into    congressional    districts,    and   provide    for   the 
election  of  members  of  the  house  of  representatives   of   the  United 
States  therein.     [Approved  March  23,  1901.     Stata.  1901,  p.  548,] 
Superseded  by  §  117  of  Political  Code. 

TITLE  105. 

CONSPIRACY. 

ACT  692. 

To   limit   the   meaning   of   the   word   "conspiracy,"   and   also    the   use   of 
"restraining   orders"   and   "injunctions,"    as   applied    to    disputes   be- 
tween   employers   and   employees   in    the   state   of   California.     [Ap- 
proved March  20,  1903.     Stats.  1903,  p.  289.] 
This  act  is  set  out  in  full  in  Appendix,  Penal  Code,  p.  2012. 

ACT  693. 

Making  a  conspiracy  to  commit  any  crime  against  the  person  of,  or  an 
attempt  to  kill  or  commit  any  assault  upon,  the  President,  or  Vice- 
president  of  the  United  States,  the  governor  of  any  state  or  ter- 
ritory, any  United  States  justice  or  judge,  or  the  secretary  of  any 
executive  department  of  the  United  States,  a  felony;  and  providing 
a  penalty  therefor.  [Approved  February  28,  1903.  Stats.  1903,  p. 
58.] 
This  act  is  set  out  in  full  in  Appendix,  Penal  Code,  p.  2013. 

TITLE  106. 
CONSTABLES. 
ACT  698. 

Constables,  legalizing  official  acts  of  certain.     [Stats.   1873-74,  p.  700.] 
This  act  validated  the  acts  of  constables  elected  between  the  first  Moudiay  of 
January  and  the  first  Monday  of  March,   1874. 


Acts  703-716  GENERAL   LAWS.  96 

TITLE  107. 
CONSTITUTION. 
ACT  703. 

Recommending  to  electors  to  vote  for  or  against  a  convention  to  revise 
and  change  the   constitution.     [Stats.   1873-74,  p.  732.] 

ACT  704. 

To  provide  for  a  convention  to  frame  a  new  constitution  for  the  state  of 
California.     [Approved  March  30,  1878j   1877-78,  p.  759.] 

ACT  705. 

To  provide  for  the  submission  of  amendments  to  the  constitution.     [Stats. 
1883,  p.  53.] 
Repealed  1899,  p.  24. 

Citations.      CaL  69/488;    102/125;   126/410;    130/91. 

The  section  in  the  repealing  act  purporting  to  re-enact  the  first  section  of  the 
act  of  1883  is  unconstitutional:  People  ex  rel.  Attorney  General  v.  Curry,  130 
Cal.  83. 

TITLE  108. 
CONTRA  COSTA  COUNTY. 
ACT  710. 

Assessors  of,  compensation  of  for  collection  of  personal  property  taxes. 
[Stats.  1875-76,  p.  529.] 
Superseded  by  the  County  Government  Act,  1897,  p.  536,  §  183. 

ACT  711. 

Fences  in.     [Stats.  1858,  p.  40.] 
Supplemented  1861,  p.  277. 

ACT  712. 

Fences  in.     [Stats.  1861,  p.  277.] 
Supplementing  statute  of  1858. 

ACT  713. 

Justices  of  the  peace  in,  fees  of.     [Stats.  1877-78,  p.  269.] 
Repealed  by  fee  bill  of  1895,  p.  272. 

ACT  714. 

Fees  of  office  and  compensation  of  officers.     [Stats.  1875-76,  p.  84.] 
Repealed  by  fee  bill  of  1895,  p.  267,  as  to  oflicers  therein  named. 

ACT  715. 

Salaries  and  compensation  of  officers  of.      [Stats.  1875-76,  p.  91.] 
Repealed  by  County  Government  Act,   1897,  p.   536,  §  183. 

ACT  716. 

To  provide  for  the  appointment  of  three  additional  notaries  public  for. 
[Stats.  1871-72,  p.  46.] 
Superseded  by  Political  Code.  S  791. 


97  OONTROLLER.  Acts  717-731 

ACT  717. 

Public  administrator  authorized  to  act  as  coroner.     [Stats.   1871-72,  p. 
170.] 
Probably  repealed  by  County  Government   Act,    1897,   p.   473,  S  55. 

ACT  718. 

Concerning  bonds  of  public  administrator.      [Stats.  1871-72,  p.  183.] 
Superseded  by  County  Government  Act,   1897,  p.  475,  §  66. 

ACT  719. 

Eoads  and  highways  in.     [Stats.  1871-72,  p.  779.] 
Repealed  1873-74,  p.  170, 

ACT  720. 

To  repeal  all  special  road  laws  in  the  county  of  Contra  Costa.     [Stats. 

1873-74,  p.  170.] 
ACT  721. 

Eoads  and  highways  in.     [Stats.   1875-76,  p.   237.] 
Amended  1877-78,  p.  611.     Repealed  1883,  p.  5. 
Citations.     Cal.  67/78. 

ACT  722. 

Quieting  title  to  certain  salt  marsh  and  tide  lands  in.     [Stats.  1873-74,  p. 

616.] 
ACT  723. 

Fixing  bonds  of  sheriff  of.     [Stats.  1871-72,  p.  158.] 
Superseded  by   County  Government   Act,    1897,   p.   475,  §  66. 

ACT  724. 

To  provide  for  the  extermination  of  squirrels  in.    [Stats.  1877-78,  p.  815.] 
Superseded  by  subd.  26,  §  25,  County  Government  Act,  1897,  p.  465. 

ACT  725. 

School  moneys,  distribution  of.     [Stats.   1877-78,  p.   182.] 
Repealed  by  Political  Code,  §  1858,  as  amended  1893,  p.  264. 

TITLE  109. 
CONTEOLLER. 
ACT  730. 

Authorizing   the  appointment   of   an   additional   clerk   by   the   controller. 
[Stats.   1895,  p.   67.] 
Repealed  1899,  p.  146. 

ACT  731. 

Creating  the  office  of  expert  to  the  controller  and  prescribing  his  com- 
pensation.    [Stats.   1899,  p.   146.] 
Codified  by   §  440,   Political   Code. 
Gen.  Laws — 7 


Acts  736-743  GENERAL  LAWS.  98 

TITLE  110. 

CONVICTS. 

ACT  736, 

Concerning  payment  of  the  costs  and  expenses  of  the  trial  of  convicts 
for  crimes  committed  in  state  prison  and  the  payment  of  the  costs 
of  the  trial  of  escaped  convicts.     [Stats.  1880,  p.  43.] 
See  Act  783. 

ACT  737. 

To  prevent  the  importation  of  convicts  into  this  state.     [Stats.  1850,  p. 
202.] 
Superseded  by  Penal  Code,  §§  173,  175. 

ACT  738. 

Providing  for  furnishing  sheriffs  and  chiefs  of  police  of  certain  informa- 
tion, description,  and  photographs  of  convicts  about  to  be  discharged 
by  the  wardens  of  state  prisons.  [Stats.  1897,  p.  213.  Eepealed 
1905,  p.  532.     See  post,  Act  739.] 

ACT  739. 

An  act  requiring  the  wardens  of  the  state  prisons  of  California  to  furnish 
the  sheriffs  of  California  and  the  bureaus  of  identification  with  cer- 
tain information  concerning  convicts  within  thirty  days  after  re- 
ceiving said  convicts,  and  providing  for  payment  of  the  expenses 
incurred  thereby. 

[Approved  March  20,  1905.     Stats.  1905,  p.  532.     Amended  1909,  p.  398.] 

§1.  The  wardens  of  the  state  prisons  of  the  state  of  California  shall 
within  thirty  days  after  receiving  persons  convicted  of  crime  and  sen- 
tenced to  serve  terms  in  the  respective  prisons,  send  to  the  sheriffs  of  the 
state  of  California,  to  the  legalized  bureau  of  identification  and  to  the 
chiefs  of  police  of  all  regularl}'  constituted  police  departments,  of  incor- 
porated cities  and  towns  within  said  state,  photographs  together  with 
minute  descriptions  including  marks  of  identification  of  all  such  persons 
and  also  a  statement  of  the  nature  of  the  crime  for  which  said  persons 
are  imprisoned.  [Amendment  approved  March  18,  1909.  Stats.  1909,  p. 
398.] 

§  2.  Any  expenditures  incurred  in  carrying  out  the  provisions  of  this 
act  shall  be  paid  for  out  of  the  appropriation  made  for  the  support  of 
state's  prisons. 

§  3.  This  act  shall  be  in  effect  immediately  and  be  enforced  from  and 
after  its  passage  and  repeals  an  act  approved  March  27,  1897,  on  pages 
213,  214  of  Statutes  and  Amendments  to  the  Codes  of  California  of  1897. 

TITLE  111. 
CO-OPERATIVE  ASSOCIATIONS. 
ACT  743. 

Defining  and  providing  for  the  organization  and  government  of  co-oper- 
ative business  corporations.     [Stats.  1877-78,  p.  883.] 


99  CORONERS.  Acts  744-753 

Superseded  by  1895,  p.  221. 

Codified  in  part  by  §  653a  of  Civil  Code. 

"Tlie  portion  of  the  statute  declaring  that  the  by-laws  may  provide  for  the 
number  of  votes  to  which  each  stockholder  shall  be  entitled  is  probably  Uiicon- 
stitutional  as  being  special  legislation.  (See  Krause  v.  Diiil)row,  127  Cal. 
681.)  The  remaining  portion  is  superseded  by  Civil  Code,  §  653a,  as  adopted  ia 
1905." — Code  Commissioner's  Note. 

ACT  744. 

To    provide   for    the    incorporation,    operation,   and    management    of    co- 
operative associations.     [Stats.  1S95,  p.  221.] 
Codified  by   §§  653b-653  1  of  Civil  Code,  adopted  1905. 

TITLE  112. 

COEONEKS. 
ACT  749. 

Concerning  the  attendance  of  physicians  and  surgeons  in  certain  cases 
and  to  provide  pavment  for  making  chemical  and  post-mortem  exam- 
inations.    [Stats.  1871-72,  p.  81.] 

Sections  1  and  2  of  this  act  are  probably  superseded  by  §  1512,  Penal  Code, 
if  not  already  superseded  by  County  Government  Act,  1897,  §  12.  See  note  to 
i  1512,  Penal  Code. 

This  act  appears  in  full  in  Penal  Code,  1903,  Appendix,  p.  766. 

ACT  750. 

Concerning   the   payment    of    expenses    of    coroners'    inquests    in    state's 
prison.     [Stats.  1880,  p.  43.] 
It  is  in  full  in  Appendix,  Penal  Code,  p.  2018. 

ACT  751. 

Providing  for  the   appointment  by  the   coroner  in  counties   of   the  first 
class  of  a  physician  for  the  purpose  of  performing  autopsies,  and  fix- 
ing their  compensation.     [Stats.  1895,  p.  52.] 
In  full  in  Appendix,  Penal  Code,  p.  2014. 

ACT  752. 

To  provide  for  furnishing  assistants  to  the  coroner  of  each  city,  or  city 
and  county  having  one  hundred  thousand  or  more  inhabitants,  and 
providing  the  mode  in  which  such  assistants  shall  be  appointed  and 
designated,  and  establishing  the  compensation  and  prescribing  the 
duties  of  such  assistants.  [Approved  March  23,  1893.  Stats.  1893, 
p.  190.] 

As  to  San  Francisco,  superseded  by  the  charter. 
In  full  in  Appendix,  Penal  Code,  p.  2017. 

ACT  753. 

Providing  an  official  stenographic  reporter  to  the  coroners  of  cities,  and 
cities  and  counties,  having  a  population  of  one  hundred  thousand  or 


Acts  754-757  GENERAL  LAWS.  100 

more  inhabitants;   providing  the  mode  of  appointment,  establishing 
the  compensation,  and  fixing  the  duties.     [Stats.  1895,  p.  168. J 
Superseded  as  to  San  Francisco  by  its  charter. 
In  full  in   Appendix,  Penal  Code,  p.  2015. 

ACT  754. 

Coroners  and  elisors,  fees  of.     [Stats.  1873-74,  p.  794.] 
Superseded  by  County  Government  Act,  1897,  p.  481,  §  105, 

TITLE  113. 
CORPORATIONS. 
ACT  757. 

An  act  relating  to  revenue  and  taxation,  providing  for  a  license  tax  upon 
corporations,  and  making  an  appropriation  for  the  purpose  of  carry- 
ing out  the  objects  of  this  act. 

[Approved  March  20,  1905.     Stats.  1905,  p.  493.] 
Amended  1906,  p.  22;   1907,  pp.  664,   745;   1909,  pp.  454,  458. 
See,   also,   Ukiah  Guarantee   Co.   v.   Curry,   148   Cal.  256. 
Citations.      Cal.  148/256,  257;   154/338. 

Corporation  not  to  do  business  without  state  license. 

§1.  No  corporation  heretofore  or  hereafter  incorporated  under  the 
laws  of  this  state,  or  of  any  other  state,  shall  do  or  attempt  to  do  busi- 
ness by  virtue  of  its  charter  or  certificate  of  incorporation,  in  this  state, 
without  a  state  license  therefor.  [Amendment  approved  June  13,  1906. 
Stats.  1906,  p.  22.     In  effect  immediately.] 

License,  of  whom  procured.    Amount  of  license  tax.    When  payable. 

§2.  It  shall  be  the  duty  of  every  corporation,  incorporated  under  the 
laws  of  this  state,  and  of  every  foreign  corporation  now  doing  business, 
or  which  shall  hereafter  engage  in  business  in  this  state,  to  procure 
annually  from  the  secretary  of  state  a  license  authorizing  the  transaction 
of  such  business  in  this  state,  and  shall  pay  therefor  a  license  tax  as 
follows: 

When  the  authorized  capital  stock  of  the  corporation  does  not  exceed 
ten  thousand  dollars  ($10,000)  the  tax  shall  be  ten  dollars  ($10);  when 
the  authorized  capital  stock  exceeds  ten  thousand  dollars  ($10,000)  but 
does  not  exceed  twenty  thousand  dollars  ($20,000)  the  tax  shall  be  fifteen 
dollars  ($15);  when  the  authorized  capital  stock  exceeds  twenty 
thousand  dollars  ($20,000)  but  does  not  exceed  fifty  thousand  dollars 
($50,000)  the  tax  shall  be  twenty  dollars  ($20);  when  the  authorized 
capital  stock  exceeds  fifty  thousand  dollars  ($50,000)  but  does  not  ex- 
ceed one  hundred  thousand  dollars  ($100,000)  the  tax  shall  be  twenty-five 
dollars  ($25);  when  the  authorized  capital  stock  exceeds  one  hundred 
thousand  dollars  ($100,000)  but  docs  not  exceed  two  hundred  and  fifty 
thousand  dollars  ($250,000)  the  tax  shall  be  fifty  dollars  ($50);  when 
the  authorized  capital  stock  exceeds  two  hundred  and  fifty  thousand  dol- 
lars   ($250,000)    but    does    not    exceed    five    hundred    thousand    dollars 


101  CORPORATIONS.  Act  757,  §§  2a,  3 

($500,000)  the  tax  shall  be  seventy-five  dollars  ($75);  when  the  author- 
ized capital  stock  exceeds  five  hundred  thousand  dollars  ($500,000) 
but  does  not  exceed  two  million  dollars  ($2,000,000)  the  tax  shall  be 
one  hundred  dollars  ($100);  when  the  authorized  capital  stock  exceeds 
two  million  dollars  ($2,000,000)  but  does  not  exceed  five  million  dollars 
($5,000,000)  the  tax  shall  be  two  hundred  dollars  ($200);  when  the 
authorized  capital  stock  exceeds  five  million  dollars  ($5,000,000)  the  tax 
shall  be  two  hundred  and  fifty  dollars  ($250). 

Said  license  tax  or  fee  shall  be  due  and  payable  on  the  first  day  of 
July  of  each  and  every  year  to  the  secretary  of  state,  who  shall  pay  the 
same  into  the  state  treasury.  If  not  paid  on  or  before  the  hour  of  4 
o'clock  P.  M.  of  the  first  day  of  September  next  thereafter,  the  same 
shall  become  delinquent  and  there  shall  be  added  thereto,  as  a  penalty 
for  such  delinquency,  the  sum  of  ten  dollars. 

The  license  tax  or  fee  hereby  provided  authorizes  the  corporation  to 
transact  its  business  during  the  year  or  for  any  fractional  part  of  such 
year  in  which  such  license  tax  or  fee  is  paid.  "Year,"  within  the  mean- 
ing of  this  act,  means  from  and  including  the  first  day  of  July  to  and 
including  the  thirtieth  day  of  June  next  thereafter.  [Amendment  ap- 
proved March  19,  1909.     Stats.  1909,  p.  458.     In  effect  July  1,  1909.] 

New  corporations,  when  must  pay. 

§2a.  At  the  time  of  filing  a  certified  copy  of  articles  of  incorporation 
of  any  corporation  when  filed  on  or  between  the  first  day  of  July  and  the 
thirtieth  day  of  September,  in  any  year,  there  shall  be  paid,  in  addition 
to  all  other  fees  required  by  law  to  be  paid  to  the  secretary  of  state,  the 
full  amount  of  the  license  tax  provided  to  be  paid  in  section  2  of  this 
act;  when  filed  on  or  between  the  first  day  of  October  and  the  thirty-first 
day  of  December,  in  any  year,  a  sum  equal  to  three-fourths  of  the  license 
tax  provided  for  in  section  2  of  this  act  shall  be  paid;  when  filed  on  or 
between  the  first  day  of  January  and  the  thirty-first  day  of  March,  in 
any  year,  a  sum  equal  to  one-half  of  such  license  tax  provided  for  in 
section  2  of  this  act  shall  be  paid,  and  when  filed  on  or  between  the 
first  day  of  April  and  the  thirtieth  day  of  June,  in  any  year,  a  sum 
equal  to  one-fourth  of  such  license  tax  provided  for  in  section  2  of 
this  act  shall  be  paid.  Upon  receipt  of  such  full  or  fractional  license  tax 
the  secretary  of  state  shall  issue  a  license  receipt  for  the  full  or  for  the 
fractional  part  of  the  then  current  fiscal  year.  [New  section  approved 
March  19,  1909.     Stats.  1909,  p.  459.     In  effect  July  1,  1909.] 

Secretary  of  state  to  report  to  governor  names  of  delinquents.    Proclama- 
tion by  governor. 

§  3.  The  secretary  of  state  shall,  on  or  before  the  fifteenth  day  of 
September  in  each  year,  report  to  the  governor  of  the  state  a  list  of  all 
corporations  which  have  become  delinquent,  as  provided  in  section  2 
of  this  act,  and  the  governor  shall  forthwith  issue  his  proclam.ation,  de- 
claring under  this  act  that  the  charters  of  such  delinquent  domestic  cor- 
porations will  be  forfeited  and  the  right  of  such  foreign  corporations  to 
do  business  in  this  state  will  be  forfeited  unless  payment  of  said  license 


Act757,§§4-6  GENERAL  LAWa.  102 

tax,  together  with  the  penalty  for  such  delinquency,  as  hereinbefore  pro- 
vided, be  made  to  the  secretary  of  state  on  or  before  the  hour  of  4 
o'clock  P.  M.  of  the  thirtieth  day  of  November  next  following.  [Amend- 
ment approved  June  13,  1906.     Stats.  1906,  p.  23.     In  effect  immediately.] 

Filing  and  publication  of  proclamation. 

§  4.  Said  proclamation  shall  be  filed  immediately  in  the  office  of  the 
secretary  of  state,  and  said  secretary  of  state  shall  immediately  cause  a 
copy  of  said  proclamation  to  be  published  in  one  issue  of  each  of  two 
daily  newspapers  to  be  selected  by  the  governor.  [Amendment  approved 
June  13,  1906.     Stats.  1906,  p.  23.     In  effect  immediately.] 

Right  to  do  business  in  this  state  forfeited. 

§  5.  At  the  hour  of  4  o'clock  P.  M.  of  the  thirtieth  day  of  Novem- 
ber each  year  the  charters  of  all  delinquent  domestic  corporations  which 
have  failed  to  pay  the  said  license  tax,  together  with  said  penalty  for 
such  delinquency,  shall  be  forfeited  to  the  state  of  California,  and  the 
right  of  all  delinquent  foreign  corporations  to  do  business  in  this  state 
which  have  failed  to  pay  said  license  tax,  together  with  the  penalty  for 
such  delinquency,  shall  be  likewise  forfeited.  [Amendment  approved 
June  13,  1906.     Stats.  1906,  p.  23.     In  effect  immediately.] 

Revival  of  corporations  which  failed  to  pay  tax. 

§  6.  Any  corporation  which  failed  to  pay  the  license  tax  and  penalty 
required  by  the  act,  or  any  amendment  thereof,  and  of  which  this  is 
amendatory,  may  pay  all  the  said  license  taxes  and  penalties  prescribed 
by  section  1  of  said  act  and  the  amendments  thereto,  and  the  license 
taxes  and  penalties  that  would  have  accrued  if  such  corporation  had 
not  forfeited  its  charter  or  right  to  do  business  and  any  such  corporation 
making  such  payment  shall  be  relieved  from  the  forfeiture  prescribed  by 
the  act  of  which  this  act  is  amendatory,  and  all  persons  exorcising  the 
powers  of  any  such  corporation  making  such  payment  shall  be  relieved 
from  the  provisions  of  section  9  of  said  act  of  which  this  act  is 
amendatory,  and  the  secretary  of  state  shall  immediately  after  the  first 
day  of  December,  1909,  transmit  to  the  county  clerk  of  each  county  in 
this  state  a  list  of  the  corporations  so  paying  pursuant  to  the  provisions 
of  this  section,  which  list  shall  be  by  said  county  clerk  filed  in  his  office; 
provided,  the  rehabilitation  of  a  corporation  under  the  provisions  of  this 
act  shall  be  without  prejudice  to  any  action,  defense  or  right  which- 
accrued  by  reason  of  the  original  forfeiture;  and  provided,  that  in  case 
the  name  of  any  corporation  which  has  suffered  the  forfeiture  prescribed 
by  the  act  of  which  this  act  is  amendatory,  or  a  name  so  closely  re- 
sembling the  name  of  such  corporation  as  will  tend  to  deceive,  has  been 
adopted  by  any  other  corporation  since  the  date  of  said  forfeiture  then 
said  corporation  having  suffered  such  forfeiture  shall  be  relieved  there- 
from pursuant  to  the  terms  of  this  section  of  this  act  only  upon  the 
adoption  by  said  corporation  seeking  revivor  of  a  new  name,  and  in  such 
case  nothing  in  this  act  contained  shall  be  construed  as  permitting  such 
corporation  to  be  revived  or  carry  on  any  business  under  its  former  name; 
and  such  corporation  shall  have  the  right  to  use  its  former  name  or  take 


103  CORPORATIONS.  Act  757,  §§  7-10 

such  new  name  only  upon  filing  an  application  therefor  with  the  secretary 
of  state  and  upon  the  issuing  of  a  certification  to  such  corporation  by 
the  secretary  of  state  setting  forth  the  right  of  such  corporation  to  take 
such  new  name  or  use  its  former  name  as  the  case  may  be;  provided, 
however,  that  the  secretary  of  state  shall  not  issue  any  certificate  per- 
mitting any  corporation  to  take  or  use  the  name  of  any  corporation  here- 
tofore organized  in  this  state  and  which  has  not  suffered  the  forfeiture 
prescribed  by  the  act  of  which  this  act  is  amendatory  or  to  make  or  use 
a  name  so  closely  resembling  the  name  of  such  corporation  heretofore 
organized  in  this  state,  as  will  tend  to  deceive.  The  provisions  of  title 
9,  part  3  of  the  Code  of  Civil  Procedure,  in  so  far  as  they  conflict 
with  this  section  of  this  act  are  not  applicable  to  corporations  seeking 
revivor  under  this  act.  [Amendment  approved  March  19,  1909.  Stats. 
1909,  p.  455.     In  effect  immediately.] 

Certain  corporations  exempt  from  license  tax. 

§7.  All  educational,  religious,  scientific  and  charitable  corporations, 
and  all  corporations  which  are  not  organized  for  pecuniary  profit,  are 
exempt  from  the  provisions  of  this  act.  [Amendment  approved  June  13, 
1906.     Stats.  1906,  p.  24.     In  effect  immediately.] 

List  of  corporations  which  have  forfeited  right  to  do  business. 

§  8.  On  or  before  the  thirty-first  day  of  December  of  each  year  the 
secretary  of  state  shall  make  a  list  of  all  domestic  corporations  whose 
charters'^  have  been  so  forfeited  and  of  all  foreign  corporations  whose 
right  to  do  business  in  this  state  has  been  so  forfeited,  and  shall  transmit 
a  certified  copy  thereof  to  each  county  clerk  in  this  state,  who  shall  file 
the  same  in  his  office.  [Amendment  approved  June  13,  1906.  Stats. 
1906,  p.  24.     In  effect  immediately.] 

Unlawful  for  delinquent  corporation  to  do  business.    Penalty. 

§  9.  It  shall  be  unlawful  for  any  corporation,  delinquent  under  this 
act,  either  domestic  or  foreign,  which  has  not  paid  the  license  tax  or  fee, 
together  with  the  penalty  for  such  delinquency,  as  in  this  act  prescribed, 
to  exercise  the  powers  of  such  corporation,  or  to  transact  any  business  in 
this  state,  after  the  thirtieth  day  of  November  next  following  the  de- 
linquency. Each  and  every  person  who  exercises  any  of  the  powers  of  a 
corporation  so  delinquent,  either  domestic  or  foreign,  which  has  not  paid 
the  license  tax,  together  with  the  penalty  for  such  delinquency,  or  who 
transacts  any  business  for  or  in  behalf  of  any  such  corporation,  after  the 
thirtieth  day  of  November  next  following  the  delinquency,  shall  be  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by  a 
fine  of  not  less  than  one  hundred  dollars,  and  not  exceeding  one  thousand 
dollars,  or  by  imprisonment  in  the  county  jail  not  less  than  fifty  days 
nor  more  than  five  hundred  days,  or  by  both  such  fine  and  imprisonment. 
[Amendment  approved  June  13,  1906.  Stats.  1906,  p.  24.  In  effect  im- 
mediately.] 

Appropriation  for  carrying  out  objects  of  act. 

§  10.  There  is  hereby  appropriated  out  of  any  money  in  the  state 
treasury  not  otherwise  appropriated  the  sum  of  twenty-seven  thousand 


Act  757,  §§  10a,  101>  GENERAL  LAWS.  104 

($27,000)  dollars,  for  the  purpose  of  carrying  out  the  objects  of  this  act, 
to  be  used  by  the  secretary  of  state  in  the  employment  of  a  license 
superintendent  and  cashier;  one  permanent  clerk;  such  other  clerks  from 
time  to  time  as  may  be  necessary;  for  the  purchase  of  the  necessary 
desks,  furniture,  stationery,  books,  postage,  and  for  the  necessary  print- 
ing, ruling,  binding  and  materials  furnished  by  the  state  printing  office, 
and  for  all  other  necessary  incidental  expenses,  to  be  used  and  expended 
during  the  balance  of  the  fifty-sixth,  and  during  the  fifty-seventh,  and 
fifty-eighth,  fiscal  years,  and  the  state  controller  is  hereby  directed  to 
draw  his  warrant  for  any  claim  against  said  amount,  the  same  having 
been  approved  by  the  state  board  of  examiners,  and  the  treasurer  is 
hereby  directed  to  pay  the  same. 
See  note  at  end  of  act. 

Directors  to  settle  affairs  of  corporation. 

§  10a.  In  all  cases  of  forfeiture  under  the  provisions  of  this  act,  the 
directors  or  managers  in  office  of  the  affairs  of  any  domestic  corporation, 
whose  charter  may  be  so  forfeited,  or  of  any  foreign  corporation  whose 
right  to  do  business  in  this  state  may  be  so  forfeited,  are  deemed  to  be 
trustees  of  the  corporation  and  stockholders  or  members  of  the  corpora- 
tion whose  power  or  right  to  do  business  is  forfeited  and  have  full  power 
to  settle  the  affairs  of  the  corporation  and  to  maintain  or  defend  any 
action  or  proceeding  then  pending  in  behalf  of  or  against  any  of  said 
corporations,  or  to  take  such  legal  proceedings  as  may  be  necessary  to 
fully  settle  the  affairs  of  said  corporation,  and  such  directors  or  man- 
agers, as  such  trustees,  may  be  sued  in  any  of  the  courts  of  this  state  by 
any  person  having  a  claim  against  any  of  said  corporations. 

Provided  always  that  no  action  pending  against  any  corporation  shall 
abate  thereby,  but  may  be  prosecuted  to  final  judgment  the  same  may 
be  enforced  by  execution  with  the  same  force  and  effect  and  in  like 
manner  as  though  no  forfeiture  had  occurred;  and 

Provided  further:  That  where  judgment  has  been  entered  against  any 
corporation  prior  to  forfeiture  under  this  act,  that  notwithstanding  execu- 
tion may  be  issued  thereon  and  the  property  of  said  corporation,  or  which 
may  come  into  the  hands  of  any  trustees  for  it  may  be  levied  upon 
seized  and  sold  to  satisfy  the  same  with  like  force  and  effect  as  though 
such  forfeiture  has  not  occurred.  [Amendment  approved  March  20, 
1907.     Stats.  1907,  p.  746.     In  effect  immediately.] 

§  10b.  [Eepealed  March  19,  1909.  Stats.  1909,  p.  459.  In  effect  July 
1,  1909.] 

Section  2  of  the  amendatory  act  of  1907,  p.  664,  is  as  follows: 
"Sec.  2.  There  is  hereby  appropriated  out  of  any  money  in  the  state  treasury 
not  otherwise  appropriated  the  sum  of  forty  thousand  ($40,000)  dollars,  for  the 
purpose  of  carrying  out  the  objects  of  this  act,  to  be  used  by  the  secretary  of 
state  in  the  employment  of  a  license  superintendent  and  cashier;  one  permanent 
clerk;  such  other  clerks  from  time  to  time  as  may  be  necessary;  for  the  pur- 
chase of  the  necessary  desks,  furniture,  stationery,  books,  postage,  and  for  the 
necessary  printing,  ruling,  binding  end  materials  furnished  by  the  state  printing 
ofBce  and  for  all  other  necessary  incidental  expanses,  to  be  used  and  expended 


105  CORPORATIONS.  Acts  758-763 

durinsr  the  balance  of  the  fifty-eighth,  and  during  the  fifty-ninth  and  sixtieth 
fiscal  years,  and  the  state  controller  is  hereby  directed  to  draw  his  warrant  for 
any  claim  against  said  amount,  the  same  having  been  approved  by  the  state 
board  of  examiners,  and  the  treasurer  is  hereby  directed  to  pay  the  same." 

ACT  758. 

An  act  to  provide  for  the  incorporation  of  associations  for  lending  money 

on  personal  property,  and  regulating  the  same,  and  to  forbid  certain 

loans    of    money,    property    or    credit.     [Approved    March    21,    1905. 

Stats.  1905,  p.  711.] 

Citations.      Cal.  148/263,  264. 

Declared  unconstitutional:  In  re   Sohneke,    148   Cal.  262. 

This  act  limited  the  rate  of  interest  ou  chattel  mortgages.      Compare  Act  1673. 

ACT  759. 

Concerning  corporations.     [Stats.  1850,  p.  347.] 

Amended  1851,  pp.  424,  426.  Repealed  1851,  p.  433,  c.  CXVITI,  §  31. 
Amended  1852,  p.  1C8;  1853,  pp.  87,  140,  169;  1854,  pp.  162,  166;  1858,  pp. 
57,  264;  1859,  p.  87;  1861,  p.  84;  1862,  pp.  17,  110,  125;  1863,  pp.  34,  747, 
766;  1865-66,  p.  748;  1869-70,  pp.  46,  402;  1871-72,  p.  443:  1876,  p.  730. 
Supplemented  1862,  p.  17.  Extended  1857,  p.  75.  Repealed:  See  §  288,  Civil 
Code. 

Citations.  Cal.  5/187;  42/420,  423;  44/91;  50/342;  51/384;  60/310; 
63/531;    115/589,   590,   591;   122/336,   137/446;   138/477. 

Continued  in  force  as  to  corporations  created  under  it:  See  Eastman,  Estate  of, 
60  Cal.   308. 

ACT  760. 

Supplemental  to  act  of  1850,  concerning  corporations.     [Stats.  1859,  p.  93.] 
Repealed:  See  §  288,  Civil  Code. 

ACT  761. 
Supplemental  to  act  concerning  corporations.     [Stats.  1869-70,  p.  364.] 
Repealed  by  §  288,  Civil  Code. 
This  act  provided  for  the  renewal  and   extension  of  corporate  existence. 

ACT  762. 

Relating  to  certificates  of  incorporation.     [Stats.  1869-70,  p,  107.] 
Repealed  by  §  288,  Civil  Code. 
This   act   enabled   corporations  to   amend  their  articles. 

ACT  763. 

To    provide    for    the    formation    of    corporations    for    certain    purposes. 
[Stats.  1853,  p.  87.] 
Amended  1855,  p.  205;   1857,  p.  121;   1858,  p.  133;  1859,  p.  93;   1863,  p.  736: 
1863-64,  p.  149;  1869-70,  pp.  132,  364;  1871-72,  p.  526.     Repealed:  See  §  288, 
Civil  Code. 

Citations.      Cal.  43/508;    56/347;   64/385;   144/222. 

This  act  provided  for  the  formation  of  corporations  for  manufacturing,  min- 
ing, mechanical,  or  chemical  purposes,  or  for  the  purpose  of  engaging  in  any 
species  of  trade  or  commerce. 


Acts  764-771  GENERAL  LAWS.  106 

ACT  764. 

Corporations  for  trading,   maniifacturing,   meclianiea],   and   other  lawful 
purposes.     [Stats.  1869-70,  p.  822.] 
Repealed:   See  §  288,  Civil  Code. 

ACT  765. 

To  provide  for  the  formation  of  plank  or  turnpike  corporations.     [Stats. 
1853,  p    169.] 

Amended  1854,  p.  166;  1857,  pp.  171,  280;  1858,  pp.  145,  265. 

Repealed:   See  §  288,  Civil  Code. 

Citations.     Cal.  51/384;   73/71. 

ACT  766. 

Concerning    corporations,    legalizing    defects    in    incorporation.     [Stats. 
1863-64,  p.  303.] 
Citations.      Cal.  56/348;   97/280. 
This  act  validated  defective  certificates  of  incorporation, 

ACT  767. 

Concerning  assessments  of  stock  in  corporations.     [Stats.  1S65-6G,  p.  4.58.] 
Supplemented  1869-70,  p.  229.     In  force  only  as  to  corporations  existing  be- 
fore the  codes,  §  228,  Civil  Code. 
Citations.     Cal.  42/434;   65/197. 
Superseded  by  §§  331  et  seq..  Civil  Code. 

ACT  768. 

Corporations  to  own  the  lots  and  houses  in  which  their  business  is  carried 
on.     [Stats.  1875-76,  p.  653.] 
Superseded  by  Civil  Code,  §  SCO. 

ACT  769. 

Imposing   a   tax   on   the   issue    of   certificates    of    stock   in    corporations. 
[Stats.  1877-78,  p.  955.] 
Repealed  1897,  p.   243. 

ACT  770. 

Authorizing    certain    corporations    to    act    as    executors    and    in    other 
capacities,   and   to   provide   for   and   regulate   the   administration   of 
trusts  by  such  corporations.     [Stats.   1891,  p.  490.] 
Amended  1897,  p.  424;    1903,  p.  244;    1905,  p.  232;    1907,  p.   562. 
This  act  authorized  corporations  to  act  as  executors,  administrators,  guardian's, 
assignees,     receivers,     depositaries,     or    trustees.      It     authorized     a    reduction    of 
bonds  by  the   court  on  deposit  of  funds  with  such  corporations.     It  appears   in 
full  in  Civil  Code,  Appendix,  p.  800. 

ACT  771. 

To  protect  stockholders  and  persons  dealing  with  corporations.     [Stats. 
1877-78,  p.  695.     Amended  1905,  p.  786.] 

This  act  punished  frauds  and  misrepresentations  by  officers  or  agents. 

Codified  in  part  by  §  564,  Penal  Code. 


107  COSTS.  Acts  772-782 

ACT  772. 

Eequiring  corporations  to  pay  their  employees  at  least  once  a  month. 

[Stats.  1897,  p.  231.] 
Unconstitutional:   Johnson  v.   Goodyear  M.   Co.,   127   Cal.   4.     See   this   act   in 

Appendix,  Civil  Code,  p.  1898. 

ACT  773. 

To  provide  for  the  payment  of  wages  of  mechanics  and  laborers  employed 
by  corporations.     [Stats.  1891,  p.  195.] 
This   act  provided   for  the  payment  of  wages,   weekly  or  monthly.     It  is   con- 
tained in  Appendix,  Civil  Code,  p.  1897. 

Unconstitutional:    Slocum  t.  Bear  Valley  Irr.  Co.,   122   Cal.  555. 

ACT  774. 

Concerning  foreign  corporations.     [Stats.  1869-70,  p.  881.] 
This  act  provided  that  foreign  corporations  designate  some  person  upon  whom 

summons  could  be  served.      Compare  §  406,  Civil  Code. 

"In  many  respects  superseded  by  1871-72,  826,  as  amended  by  1889,  111." — 

Code  Commissioner's  Note. 

This  act  provided  that  foreign  corporations  designate  some  person  npon  whom 

process    may   be    served.      Compare  §  616,    Political   Code,  §  406,    Civil   Code,   and 

see  Harregan  v.  Home  L.  I.  Co.,  128  Cal.  531. 

ACT  775. 

Foreign  corporations.     [Stats.  1871-72,  p.  826.] 
Amended  1899,  p.  111. 

Citations.  Cal.  65/601;  74/122;  95/599;  120/163;  128/536,  537,  538,  539; 
138/742,  743,  744;  145/603,  605;  146/650;  149/483,  485.  App. 1/719,  721, 
722,   723;   3/33. 

It  was  codified  by  §  405  et  seq.  of  the  Civil  Code,  adopted  1S05. 

ACT  776. 

Eequiring  foreign  corporations  to  file  a  certified  copy  of  their  articles  of 

incorporation  in  the  office  of  the  secretary   of   state.     [Stats.   1901, 

p.  108.] 

This  act  appears  in  full  in   Appendix,  Civil  Code,  p.  1907., 

Codified  by  §§  408,  409,  410,  of  the  Civil  Code,  adopted  1905. 

TITLE  114. 
COSTS. 
ACT  781. 

Concerning  costs  in  criminal  actions  removed  before  trial.     [Stats.  1851, 
p.  185.] 
Not  repealed  by  Penal  Code:   See  Needham  v.  Thresher,  49  Oal.  392. 

ACT  782. 

Concerning  the  costs  in  civil  actions  for  serving  summons  and  subpoenas. 
[Stata.  1891,  p.  56.] 
This  act  provided  for  fees  where  service  was  made  by  a  person  other  than  the 
sheriff. 


Acts  783-800  GENERAL  LAWS.  108 

ACT  783. 

Concerning  the  payment  of  costs  and  expenses  of  the  trial  of  convicts 

for  crimes  committed  in  the  state  prison,  and  to  pay  the  costs  of  the 

trial  of  escaped  convicts,  and  to  pay  for  the  expenses  of  coroners' 

inquests  in  said  prison.     [Stats.  1880,  p.  43.] 

Citations.      Cal.  130/20. 

In  the  Appendix,  Penal  Code,  p.  2018.      See  ante,  Act  736. 

TITLE  115. 

COTENANCY. 
ACT  788. 

Concerning  tenants  in  common,  joint  tenants  and  coparceners.     [Stats. 
1857,  p.  62.] 
Citations.     Cal.  45/509. 

Superseded  by  Code  of  Civil  Procedure,  §  384. 
This  act  permitted  any  or  all  tenants  to  bring  or  defend  suits. 

TITLE  116. 

COUNTERFEITING. 
ACT  793. 

To  prevent   the  counterfeiting  of   gold-dust   and  other  species  of  gold- 
[Stats.  1855,  p.  178.] 
Superseded  by  Penal  Code,  §§  477-479. 

TITLE  117. 

COUNTIES. 
County  boundaries:   See  "County  Boundaries." 
County  government:    See  "County  Government." 
Particular  county:   See  particular  title. 

ACT  798. 

To  provide  for  the  transfer  of  certain  moneys  from  one  county  to  another 

when  a  new  county  has  been  formed  and  organized.     [Stats.  1893, 

p.  235.] 

Citations.     Cal.  119/517. 

Codified  by  §  3975a  of  Political  Code. 

ACT  799. 

Authorizing  the  allowance,  settlement,  and  payment  of  claims  of  counties 
against  the  state.     [Stats.  1893,  p.  109.] 
This  act  appears  in  full  in  Appendix,  Political  Code.      See  Appendix.  Political 
Code,  p.  1477. 

ACT  800. 

Prescribing  how  judgments  which  may  be  recovered  against  any  city  and 
county  of  over  one  hundred  thousand  population  shall  be  paid, 
[Stats.  1895,  p.  163.] 
8e«  this  act,  post,  Act  1747. 


i 


109 


COUNTY  BOUNDARIES. 


Acts  801-812 


ACT  801. 

Authorizing    counties    to    become    stockholders    in    railroad    companies. 
[Stats.  1859,  p.  263.] 
Amended  1860,  p.  203.     Repealed  by  Constitution,  art.  IV,  §  31. 

ACT  802. 

To  authorize  the  several  counties,  cities  and  counties,  cities,  and  towns 
of  this  state,  and  the  officers  and  boards  of  officers  thereof,  to  receive 
property  by  gift,  bequest,  and  devise,  and  to  hold,  manage,  and  dis- 
pose of  such  property,  and  the  income  and  increase  thereof.  [Ap- 
proved February  10,  iSSl.  Stats.  1881,  p.  2.] 
Superseded  by  §  4052  of  the  Political  Code. 
See  Civil  Code,  §  1275;    see  Act  2338,  post. 

ACT  803. 

An  act  to  provide  for  the  formation,  organization,  and  classification  of 
new  counties,  for  locating  the  county  seats,  for  the  election  and  ap- 
pointment of  officers  and  for  the  adjustment  and  fulfillment  of  the 
rights  and  obligations  arising  between  such  new  counties  and  other 
counties.  [Approved  March  15  1907.  Stats.  1907,  p.  275.  Amended 
1909,  p.  194.] 

The  title  of  the  amendatory  act  of  1909  stated  that  it  amendpd  §§  1,  2  and  3 
of  the  act  of  1907.     The  body  of  the  amendatory  act  also  amended  §  4. 


TITLE  118. 

COUNTY  BOUNDARIES. 
ACT  807. 
To  change  and  permanently  locate  the  boundary  line  between  the  counties 

of  Butte  and  Plumas.     [Stats.  1901,  p.  549.] 
ACT  808. 
To  change  and  permanently  locate  the  boundary  line  between  the  counties 

of  Butte  and  Yuba.     [Stats.  1897,  p.  22.] 
ACT  809. 

To  change  and  permanently  locate  the  boundary  line  between  the  counties 
of  Plumas  and  Lassen.  [Approved  February  28,  1901.  Stats.  1901, 
p.  76.] 

ACT  810. 

To  change  and  permanently  locate  the  boundary  lines  between  the  counties 

of  Glenn  and  Colusa.     [Stats.  1893,  p.  158.] 
ACT  811. 

Fresno   and  Tulare   counties,   establishing  county   line   between.     [Stats. 
1873-74,  p.  700.] 
See  post,  Act  819. 

ACT  812. 

Supplementing   act   to   define    and   establish   boundary   line   between    the 
counties  of  Inyo  and  Mono.     [Stats.  1871-72,  p.  316.] 


Acts  813-823  GENERAL  LAWS.  110 

ACT  813. 

Humboldt,  Mendocino,  Trinity,  and  Klamath  counties,  to  provide  for  de- 
fining boundaries  between.     [Stats.  1871-72,  p.  766.] 
Citations.     Cal.  151/282,  284,   285,   287,  289. 

ACT  814. 

To  permanently  locate  the  boundary  line  between  the  counties  of  Shasta 
and  Plumas.     [Approved  March  23,  1901.     Stats.  1901,  p.  560.] 

ACT  815. 

To   better   define   the   boundary  line   of   Mariposa   and   Fresno   counties. 
[Approved  April  1,  1872,     Stats.  1871-72,  p.  891.] 

Amended   1873-74,  p.   100. 

Citations.      Cal.  142/54,  55,  56,  57,  58, 

ACT  816, 

Providing  for  the  survey  of  the  line  forming  a  portion  of  the  southern 
boundary  of  Siskiyou  County  and  the  northern  boundary  of  Lassen 
County.     [Stats.  1871-72,  p.  886.] 

ACT  817. 

To  define  the  northern  boundary  line  of  Napa  County,  adjoining  Lake  and 

Yolo  counties,     [Stats.  1871-72,  p.  305.] 
ACT  818. 
To  change  and  permanently  locate  the  boundary  lines  between  the  counties 

of  San  Luis  Obispo  and  Kern.     [Stats.  1885,  p.  139.] 
ACT  819. 

To  establish  the  county  line  between  the  counties  of  Fresno  and  Tulare. 
[Stats.  1875-76,  p.  397.     Approved  March  23,  1876.] 
See  ante.  Act  811;  post.  Act  909. 

ACT  820. 

To  more  clearly  define  the  boundary  line  between  the  counties  of  Lake 

and   Yolo,    in    the    state    of    California.     [Approved    April    1,    1872. 

Stats.  1871-72,  p.  903.] 

ACT  821. 

To  change  and  permanently  locate  the  boundary  line  between  the  counties 

of  Shasta  and  Lassen.     [Stats.   1899,  p.  98.] 
ACT  822. 
To  establish  the  boundary  line  between  the  county  of  Humboldt  and  the 

counties   of  Del   Norte   and   Siskiyou.     [Approved  March   23,   1901. 

Stats.  1901,  p.  600.] 

ACT  823. 

An  act  to  change,  establish  and  permanently  locate  the  boundary  lines 
of  the  county  of  Kings,  and  a  portion  of  the  south  boundary  line  of 


ill  COUNTY  CLERK.  Acts  824-829 

the     county  of  Fresno,   and  to  provide  for   the  submission   of   such 
change,   establishment  and   location   of   such   boundary   lines,,  to   the 
qualified  electors  of  the  territory  to  be  affected  by  the  change.     [Ap- 
proved March  14,  1907.     Stats.  1907,  p.  260.] 
Citations.      Cal.  152/226.     App.  7/399,  404,  407. 

ACT  824. 

An  act  to  change,  establish  and  permanently  locate  the  boundary  lines  of 
the  county  of  Kings,  and  a  portion  of  the  south  and  east  boundary 
lines  of  the  county  of  Fresno.  [Approved  April  12,  1909.  Stats. 
1909,  p.  827.] 

ACT  825. 

An  act  to  definitely  establish,  and  permanently  locate,  the  boundary  line 
between  the  county  of  Lake  and  the  county  of  Glenn  and  a  portion 
of  the  boundary  line  between  the  counties  of  Lake  and  Mendocino 
and  the  counties  of  Lake  and  Colusa,  state  of  California.  [Approved 
March  13,  1909.     Stats.  1909,  p.  326.] 

ACT  826. 

An  act  to  definitely  establish  and  permanently  locate  the  eastern  boundary 
line  of  Mendocino  county,  between  Mount  Hull  and  the  southwest 
corner  of  Tehama  County,  and  establish  the  western  boundary  of  the 
county  of  Glenn  between  Mendocino  and  Glenn  counties.  [Approved 
March  8,  1907.     Stats.  1907,  p.  135.] 

TITLE  119. 
COUNTY  CLEEK. 
ACT  827. 

In  relation  to  deputies  and  assistants  of  county  clerks.     [Stats.  1880,  p.  5.] 
Citations.      Cal.  67/184;   125/191,  192,   194. 
Superseded  by  County  Government  Act,   1897. 

ACT  828. 

In  relation  to  deputies,  assistants,  and  copyists  of  county  clerks.     [Stats. 
1880,  p.  20.] 
Amended  1891,  p.  5. 
Citations.     Cal.  125/191. 

This   act  provided  for  the   appointment  and  compensation   of  deputies,    clerks, 
and  assistants  in  counties,   and   cities  and  counties  of  over  120,000   inhabitants. 
Unconstitutional:   San   Francisco   v.   Broderick,    125   Cal.   188.      Superseded   as 
to  San  Francisco  by  the  charter  of  that  city. 

ACT  829. 

Authorizing  and  empowering  county  clerks  to  take  and  certify  affidavits 
for  United  States  pension  claimants  without  demanding  or  receiving 
any  fees  or  compensation  therefor.     [Stats.  1887,  p.  81.] 
This  act   appears  in  full  in  Appendix,  Political  Code,  p.  1412. 
See  Political  Code,  §  4302. 


Acts  834,  835  GENERAL  LAWS.  112 

TITLE  120. 
COUNTY  GOVERNMENT. 
ACT  834. 

To  establish  a  uniform  system  of  county  governments.  [Stats.  1883, 
p.  299.] 

Amended  1885,  pp.  125,  166,  195;  1887,  pp.  168,  178;  1889,  p.  232;  1905, 
p.  424.   Repealed  by  County  Government  Act,  1891,  p.  295,  c.  CCXVI. 

Citations.  Cal.  64/292;  65/123,  124,  288,  289,  291,  311,  313;  66/26,  643, 
644,  656;  67/117,  119;  68/55,  56,  142,  143;  69/224,  225,  610;  70/60,  460; 
71/244,  246,  247,  600;  72/388,  519,  523;  73/370,  372;  74/24,  25,  259,  260, 
335,  506,  578;  75/150,  151,  152,  153,  154,  180,  505;  76/2,  94,  607;  77/236, 
593,  594;  78/142,  271,  303,  495,  496;  80/342,  362;  82/190,  191;  83/150, 
366,  404,  511;  86/257,  258,  259;  87/104,  396,  397,  635;  88/412,  510,  531; 
89/13,  16,  22,  23,  230,  523,  526;  91/434;  94/319,  604,  609;  95/330;  96/51; 
97/603;  99/285,  629;  102/448;  106/422,  425;  109/183;  111/3G8,  371,  536, 
569,  570;  112/66,  69,  71,  72;  113/167;  114/121,  122,  245,  326,  327,  330, 
333,  334,  335,  421,  561,  562,  563,  564;  116/113;  117/234,  436,  620,  621,  623; 
119/214,  215,  216;  120/559;  122/638;  124/88;  125/211;  126/232,  412,  623; 
127/89,  224;  130/81;  131/550;  132/267,  335,  336,  446;  134/560,  561,  675; 
135/518,  650;  136/550,  653;  142/588,  590,  591;  145/51,  53,  427.   App.  8/504. 

AMDTS.  1885. 

Citations.     Cal.  68/143,  145;   77/595;  94/635. 

AMDTS.  1887. 

Citations.   Cal.  88/532;  94/603,  630;  95/475;  97/602;  100/63;  112/73. 

AMDT.  1889. 

Citations.  Cal.  80/203;  84/73,  75,  76;  85/372;  88/532;  95/85,  331;  98/ 
220;    103/491;    104/259;    112/73. 

Superseded  by  later  county  government  acts.  "Various  portions  unconstitu- 
tional. (Miller  v.  Kister,  68  Cal.  142;  San  Luis  Obispo  v.  Graves,  84  Cal.  71; 
Dougherty  v.  Austin,  94  Cal.  601.)  Amended  1905,  p.  424  (a  mistake  for  ai\ 
intended  amendment  of  §  167  of  the  County  Government  Act  of  1897.  See  1897, 
p.  452.)" — Code  Commissioners'  Note. 

ACT  835. 

To  establish  a  uniform  system  of  county  and  township  government. 
[Stats.  1891,  p.  295.] 

Amended  1893,  p.  310.  Repealed  1897,  p.  452. 

Citations.  Cal.  89/525;  95/331,  472;  97/242,  243;  98/331;  99/514;  100/ 
266,  444;  101/318,  319,  320;  102/164;  103/499,  540;  104/66,  77,  130,  678; 
106/402;  107/183,  184,  237,  238,  241,  242;  109/155,  334,  495,  496,  497; 
110/622,  623,  624;  112/73,  313;  114/115,  116,  122;  115/630;  116/112,  113,  114, 
115;  117/234;  118/361;  120/305,  306,  443;  121/351;  122/429,  430,  432;  125/ 
340,  341,  599;  126/622,  623,  625;  131/202,  557;  132/592;  134/560.  App. 
2/616. 

AMDT.  1893. 

Citations.      Cal.  117/537;    122/296,   297,  298. 

Various  parts  held  unconstitutional:  People  v.  Johnson,  95  Cal.  471 ;  Welch 
▼.  Bramlet,  98  Cal.  219;  BIoss  v.  Lewis,  109  Cal.  493;  Turner  y.  Siskiyou 
County,  109  Cal.  332;  Walser  t.  Austin,  104  CaL  128. 


113  COUNTY  GOVERNMENT,  Acts  836,  837 

ACT  836. 

To    establish   a   uniform   system   of   county   and    township    governments. 
[Stats,  1893,  p.  346.] 

Amended  1895,  p.  1.   Repealed  1897,  p.  452. 

Citations.  Cal.  103/394;  105/210;  110/554,  555;  112/563;  114/114,  116, 
117,  118,  121,  122,  123,  240,  319,  327,  332,  420,  499,  549,  563;  115/548,  549, 
550;  116/115,  621,  622;  118/304,  307,  310,  361,  362,  365;  119/120,  511, 
629,  688,  689;  120/555,  556,  558,  649,  650,  651;  121/485;  122/137,  138, 
139,  302,  303,  645,  646,  647;  123/150,  151;  125/193,  212,  213,  499;  126/ 
36,  132,  622,  623,  624,  625,  626,  675;  128/246,  247,  249;  129/527;  130/478, 
481;  131/388,  389,  411,  412,  413,  464,  550,  551;  132/215,  276;  133/282, 
284;  134/624;  135/100,  516,  535,  536,  652;  136/378;  137/14,  161,  162,  163, 
518,  519;  145/50,  51.   App.  2/113;  8/246. 

Unconstitutional  in  part:  Hale  v.  McGettigan,  114  Cal.  112, 

AMDT.  1895. 

Citations.      Cal.  111/568;   148/758. 

ACT  837. 

To    establish    a    uniform    system    of    county    and    township    government. 
[Approved  April  1,  1897.     Stats.  1897,  p.  452.] 

Amended  1901,  pp.  681,  685;  1903,  pp.  129,  151,  156,  160,  168,  173,  179, 
200,  212,  218,  224,  227,  230,  23-2,  237,  239,  241,  402;  1905,  299,  301,308,  310, 
313,  318,  320,  325,  333,  335,  338,  352,  356,  358,  361,  363,  365,  366,  371,  373. 
376,  383,  385,  391,  393,  394,  401,  424,  430,  435,  439,  441,  476,  477,  482,  485. 
504,  507,  511,  523,  524,  544,  547,  552,  582,  670,  676,  721,  722,  723,  746; 
1907,  pp.  9,  93,  107. 

Codified  in  1907:  See  Political  Code,  §§4000-4325. 

Citations.  Cal.  117/619;  121/672;  122/303,  304;  124/348;  125/192,  193 
194,  211,  212,  213;  126/36,  37,  132,  134,  406;  127/?7,  160,  161;  128/249 
332;  129/363,  527,  611,  612;  130/479,  480,  481;  132/335,  337;  133/75,  76; 
134/54,  55,  70,  71,  72,  74,  75,  674;  135/514,  535,  536,  649;  136/65,  66,  68 
69,  653;  137/163,  164,  205,  206,  209;  138/60,  62;  139/463,  464,  467,  463 
141/393,  394,  395,  398,  428,  429,  430;  142/516,  588,  589,  590,  591;  143/68 
69,  172,  173,  245;  144/8,  89,  267,  268,  269,  276,  277;  145/50,  51,  52,  196 
425,  687;  146/470,  592,  595;  147/684;  148/248,  249,  250,  251,  580,  746 
758;  149/740,  742,  743,  744,  761,  785;  150/96,  456;  152/173,  174,  176,  177 
179,  722,  730;  153/168,  372,  444;  154/319.  App.  1/184,  185;  709;  2/251 
616,  617,  618;  3/693,  694;  7/441,  442,  537,  538;  8/246. 

AMDT.  1901, 

Citations.  Cal.  134/144,  149;  146/469;  147/684;  148/746,  756.  App.  2/97, 
102;   3/770. 

AMDT.  1903. 

Citations.      Cal.  153/211,    212.     App.  2/26. 

AMDT.   1905. 

Citations.     App.  8/22. 

"Unconstitutional:  §  13,  Ex  parte  Anderson,  134  Cal.  69 ;  subd.  21  of  §  25,  Van 
Harlingen  v.  Doyle,  134  Cal.  53;  provisions  as  to  fees  of  official  reporters, 
Pratt  V.  Browne,  135  Cal.  649;  subd.  14  of  §  183,  Lougher  v.  Soto,  129  Cal.  610; 
Bubd.  13  of  §  164,  as  amended  1901,  p.  685,  Tucker  v.  Barnum,  144  Cal.  266; 
Bubd.  12%  of  §  25,  1897,  p.  460,  Cothran  v.  Cook,  146  Cal.  470;  subd.  13  of 
Gen.  Laws — 8 


;t837  GENERAL  LAW3.  114 

§  183,  as  amended  1901,  p.  749,  in  violation  of  the  constitutional  provision  that 
the  legislature  shall  regulate  the  compensation  of  all  officers  'in  proportion  to 
duties,'  Millard  v.  Kern  County,  147  Cal.  684;  whether  subd.  20  of  §  25  is  con- 
stitutional or  unconstitutional,  the  board  has  the  right  to  appoint  a  healtli  officer, 
who  is  to  be  deemed  an  employee  and  not  a  county  officer  (Valle  v.  Shaffer, 
1  Cal.  App.  183).  See,  also,  McCabe  v.  JefPerds,  122  Cal.  302;  McCauley  v. 
Culbert,  144  Cal.  276;  Tuttle  v.  Culbert,  144  Cal.  xvii.  §  25,  subd.  25,  repealed 
by  implication  by  Political  Code,  §  3366,  as  amended  in  1901  (Ex  parte  Pfirrmann, 
134  Cal.  143).  Subd.  13  of  §  184,  as  amended  1901,  p.  750,  is  not  unconstitutionfU 
(Johnson  v.  Gunn,  148  Cal.  745;  Court  of  Appeal  decision  contra,  84  Pac.  370). 
As  to  subdivision  and  section  last  referred  to,  see,  also,  CUinn  v.  Gunn,  148  Cal. 
755;  court  of  appeals  decision,  84  Pac.  374." — Code  Commissioners'  Note. 

§     1.     Counties  are  bodies  politic. 

§    2.     Powers  exercised  by  agents. 

§    3.     Names  of. 

§§  4,  5.     Powers. 

§     6.     Contracts   and  acts   in  violation  of  act. 

§     7.      Officers   violating   provisions    of   act. 

§    8.     Money  paid  without   authority,   recovery  of. 

§     9.      Instructions   to   grand   jury. 

§  10.     Population  of  counties. 

§  11.      County  seats. 

§  12.     Removal   of   county   seats. 

§  13.      Ordinance,  submission  of. 

§§14-19.      Supervisors. 

§  20.      Clerk  of  board. 

§  21.     Records  of  board. 

§§22-24.     Meetings  of  board. 

§§  25-53.      General   powers. 

§  54.     Eligibility   to   office. 

§  55.      County  officers. 

I  55J.  Livestock  inspector. 

§  56.      Township   officers. 

§  57.     Notice,  publication  of. 

§  58.     Election  of  officers. 

§  59.      Deputies. 

§  60.     Officer  includes   deputy. 

§  61.     Residence  and  office  hours. 

§  62.     Liability   of   sureties. 

§  63.      Oaths,   who   may  administer. 

§  64.      Absence   of  officers  from  state. 

§  65.     What  officers  not  to  practice  law. 

§  65.     What  offitars  not  to  act  as  notaries. 

§  56.      Bonds  of   officers. 

§  66a.   Statistics. 

§§67-87.      Treasurers. 

§  88.     Process   and   notice,   definitions  of, 

§§  89-106.      Sheriffs 

§§107,108.      County   clerks. 

§§  109-118.      Auditors. 

§§  119-131.     Recorders. 

§§  132-134.     District  attorney. 

§§  135-141.      Surveyor. 

S§  142-147.      Coroners. 


115  COUNTY  GOVERNMENT.  Act  837,  §§1-6 

§    148.     Assessor. 

§     149.     Ta.\-collector. 

§     150.      School  superintendent. 

§§151,152.     PuMic   administrator. 

§  152L     Livestock  inspectors,  duties  of. 

§§153,154.      Constables. 

§     155.     Justices  of  the  peace. 

§§  156,  220.      Salaries. 

§     157.      Classification. 

§§  158-215.      Compensation  of  officers. 

§§  216-225-227.     Fees. 

§    226.      Services  performed  by  successor. 

§     228.      County    charges. 

§§  229,230.      Costs  on  removal  of  officers. 

§     231.     New  counties,  organization  of — reduction  of  population. 

§    232.     Repeal  of  inconsistent  acts. 

§    233.  ,  Salaries  of  incumbents. 

§    234.     In  effect,  when. 

§1.  The  several  counties  of  this  state,  as  they  now  exist,  and  such 
other  counties  as  may  be  hereafter  organized,  according  to  law,  are  bodies 
corporate  and  politic,  and  as  such  have  the  powers  specified  in  this  act, 
and  such  other  powers  as  are  necessarily  implied. 

§  2.  Their  powers  can  only  be  exercised  by  the  board  of  supervisors, 
or  by  agents  and  ofl&cers  acting  under  their  authority,  or  authority  of 
law. 

§  3.  The  name  of  a  county  designated  in  the  law  creating  it  is  its 
corporate  name,  and  it  must  be  designated  thereby  in  all  actions  and 
proceedings  touching  its  corporate  rights,  property,  and  duties. 

§  4.     It  has  power: 

1.  To  sue  and  be  sued. 

2.  To  purchase  and  hold  land  within  its  limits. 

3.  To  make  such  contracts  and  purchase  and  hold  such  personal  prop- 
erty as  may  be  necessary  to  the  exercise  of  its  powers. 

4.  To  manage  and  dispose  of  its  property  as  the  interests  of  its  in- 
habitants may  require. 

5.  To  levy  and  collect  such  taxes,  for  purposes  under  its  exclusive 
jurisdiction,  as  are  authorized  by  law. 

§5.  No  county  shall,  in  any  manner,  give  or  loan  its  credit  to  or  in 
aid  of  any  person  or  corporation.  An  indebtedness  or  liability  incurred 
contrary  to  this  provision  shall  be  void. 

§  6.  All  contracts,  authorizations,  allowances,  payments,  and  liabilities 
to  pay,  made  or  attempted  to  be  made  in  violation  of  this  act,  shall  be 
absolutely  void,  and  shall  never  be  the  foundation  or  basis  of  a  claim 
against  the  treasury  of  such  county.  And  all  officers  of  said  county,  are 
charged  with  notice  of  the  condition  of  the  treasury  of  said  county,  and 
the  extent  of  the  claims  against  the  same. 


Act  837,  §§  7-10  GENERAL  LAWS.  H6 

§7.  Any  officer  authorizing,  or  aiding  to  authorize,  or  auditing,  or 
allowing,  or  paying  any  claim  or  demand  upon  or  against  said  treasury, 
or  any  fund  thereof,  in  violation  of  any  of  the  provisions  of  this  act,  or 
of  the  constitution  of  this  state,  shall  be  liable  in  person,  and  upon  his 
official  bond,  to  the  person  or  persons  damaged  by  such  illegal  authoriza- 
tion, to  the  extent  of  his  or  their  loss  by  reason  of  the  nonpayment  of 
his  or  their  claims. 

§  8.  Whenever  any  board  of  supervisors  shall,  without  authority  of 
law,  order  any  money  paid  as  a  salary,  fees,  or  for  any  other  purposes, 
and  such  money  shall  have  been  actually  paid;  or  whenever  any  county 
officer  has  drawn  any  warrant  or  warrants  in  liis  own  favor,  or  in  favor 
of  any  other  person,  without  being  authorized  by  the  board  of  supervisors, 
or  by  the  law,  and  the  same  shall  have  been  paid,  the  district  attorney 
of  such  county  is  hereby  empowered,  and  it  is  hereby  made  his  imperative 
duty,  to  institute  suit,  in  the  name  of  the  county,  against  such  person  or 
persons,  to  recover  the  money  so  paid,  and  twenty  per  cent  damages  for 
the  use  thereof;  and  no  order  of  the  board  of  supervisors  therefor  shall 
be  necessary  to  maintain  such  suit.  When  the  money  has  not  been  paid 
on  such  order  or  warrants.,  it  is  hereby  made  the  imperative  duty  of  the 
district  attorney  of  such  county,  upon  receiving  notice  thereof,  to  com- 
mence suit,  in  the  name  of  the  county,  to  restrain  the  payment  of  the 
same;  and  no  order  of  the  board  of  supervisors  shall  be  necessary  in 
order  to  maintain  such  suit. 

§  9.  It  shall  be  the  duty  of  the  judge  of  the  superior  court  of  each 
and  every  county,  whenever  a  grand  jury  is  impaneled,  to  call  their  at- 
tention to  the  provisions  of  the  foregoing  sections,  and  to  instruct  them 
to  ascertain,  by  careful  and  diligent  investigation,  whether  the  provisions 
of  said  sections  have  been  complied  with,  and  to  note  the  result  of  such 
investigation  in  their  report. 

§  10.  The  population  of  the  several  counties  of  this  state  is  hereby 
ascertained  and  determined  to  be  and  is  as  follows: 

County.  Population. 

1.  San  Francisco 342,782 

2.  Los  Angeles 170,298 

3.  Alameda 130,197 

4.  Santa   Clara 60,216 

5.  Sacramento 45,915 

6.  Sonoma    38,480 

7.  Fresno    37,862 

8.  San  Joaquin 35,452 

9.  San  Diego 35,090 

10.  San   Bernardino 27,929 

11.  Humboldt    27,104 

12.  Solano    24,143 

13.  Santa   Cruz 21,512 

14.  Mendocino   20,465 

15.  Orange 19.696 


117  COUNTY  GOVERNMENT.  Act  837,  §  11 

County.  Population. 

16.  MoBterey    19,380 

17.  Santa  Barbara 18  934 

18.  Tulare .' .'  18,375 

19.  Contra  Costa 18,046 

20.  Eiverside   17,897 

21.  Nevada    17  789 

22.  Shasta    17  318 

23.  Butte    17,117 

24.  Siskiyou   16,962 

25.  San  Luis  Obispo ". 16,637 

26.  Kern    16,480 

27.  Napa  16,451 

28.  Placer   15,786 

29.  Marin    15,702 

30.  Ventura 14,367 

31.  Yolo    13,618 

32.  San  Mateo 12,094 

33.  Calaveras   11,200 

34.  Tuolumne   11,166 

35.  Amador   11,116 

36.  Tehama    10,996 

37.  Kings   9,871 

38.  Stanislaus   9,550 

39.  Merced 9,215 

40.  El  Dorado 8.986 

41.  Yuba   8^620 

42.  Colusa    7,364 

43.  San  Benito 6,633 

44.  Madera   6,364 

45.  Lake    6,007 

46.  Sutter   5.886 

47.  Glenn   5,150 

48.  Modoc 5,076 

49.  Mariposa    4,720 

50.  Plumas    4,657 

51.  Lassen   4,511 

52.  Trinity   4,383 

53.  Inyo    4,377 

54.  Sierra    4,017 

55.  Del  Norte 2,408 

56.  Mono    2,167 

57.  Alpine    509 

[Amendment   approved  March  23,   1901.     Stats.   1901,   p.   685.  In   effect 
12  M.  on  the  first  Monday  after  the  first  day  of  January,  1903.] 

§  11.  The  county  seats  of  the  respective  counties  of  this  state,  as  now 
fixed  by  law,  are  hereby  recognized  as  and  declared  to  be  the  county 
seats  of  the  respective  counties.     No  county  seat  shall  be  removed  unless 


Act  837,  §§  12-15  GENERAL  LAWS.  118 

two-thirds  of  the  qualified  electors  of  the  county,  voting  on  the  proposi- 
tion at  a  general  election,  shall  vote  in  favor  of  such  removal. 

§  12,  Whenever  there  shall  be  presented  to  the  board  of  supervisors  of 
any  county  a  petition,  signed  by  the  qualified  electors  of  such  county,  in 
number  equal  to  a  majority  of  the  votes  cast  at  the  preceding  general 
election,  praying  for  the  submission  of  the  question  of  the  removal  of  the 
county  seat  of  such  county,  it  shall  be  the  duty  of  the  board  of  super- 
visors, by  due  proclamation,  to  submit  the  question  of  such  removal  of 
the  county  seat  at  the  next  general  election  to  the  qualified  electors  of 
such  county.  The  election  shall  be  conducted  and  the  returns  canvassed 
in  all  respects  as  provided  by  law  for  the  conduct  of  general  elections 
and  canvassing  the  returns  thereof. 

§  13.  "Whenever  there  shall  be  presented  to  the  board  of  supervisors,  a 
petition,  or  petitions,  signed  by  legal  voters  of  said  county  equal  in  num- 
ber to  fifty  per  cent  of  the  votes  cast  at  the  last  preceding  general  elec- 
tion, asking  that  an  ordinance,  to  be  set  forth  in  such  petition,  be  sub- 
mitted to  a  vote  of  the  qualified  voters  of  such  county,  it  shall  be  the 
duty  of  the  board  of  supervisors,  by  proclamation,  to  submit  such  pro- 
posed ordinance  to  the  vote  of  the  qualified  electors  of  such  county. 
Such  election  shall  be  held  within  thirty  days  after  the  first  regular 
meeting  of  the  board  after  the  filing  of  such  petition;  provided,  that 
should  such  petition  be  filed  within  six  months  prior  to  a  general  election, 
no  special  election  need  be  held,  but  such  ordinance  shall  be  submitted 
at  the  next  general  election.  The  ballots  used  at  such  special  or  general 
election  shall  contain  the  words  "For  the  ordinance"  (stating  the  nature 
of  the  ordinance),  and  "Against  the  ordinance,"  stating  the  nature  of 
the  ordinance.  The  election  shall  be  conducted  and  the  returns  canvassed 
in  all  respects  as  provided  by  law,  for  the  conducting  of  general  elections 
and  the  canvassing  the  returns  thereof;  provided,  that  when  a  special 
election  is  held  under  the  provisions  of  this  section,  the  board  of  super- 
visors, in  their  discretion,  may  consolidate  precincts,  and  may  reduce  the 
number  of  election  officers  to  a  number  not  less  than  four.  If  a  majority 
of  the  votes  cast  upon  such  ordinance  shall  be  in  favor  of  the  adoption 
thereof,  the  board  of  supervisors  shall  proclaim  such  fact,  and  upon  the 
publication  of  such  proclamation,  such  ordinance  thus  adopted  shall  have 
the  same  and  equal  force  and  effect  as  though  adopted  and  ordained  by 
the  board  of  supervisors.  The  board  of  supervisors  may  also,  at  any 
election,  submit  any  question  or  proposition  upon  which  they  may  desire 
the  opinion  of  the  voters  of  the  county. 

BOAED  OF  SUPERVISOES. 
§  14.     Each  county  must  have  a  board  of  supervisors  consisting  of  five 
members. 

§  15.  Each  member  of  the  board  of  supervisors  must  be  an  elector  of 
the  district  which  he  represents,  must  reside  therein  during  his  incum- 
bency, must  have  been  such  elector  for  at  least  one  year  immediately 
preceding  his  election,  and  shall  be  elected  by  such  district,  and  not  at 


119  COUNTY  GOVERNMENT,  Act  837,  8  §  16-20 

large;  provided,  that  in  any  county  or  city  and  county  in  which  super- 
visoral  districts  have  not  been  established  by  law  or  ordinance,  and  in 
which  supervisors  are  now  required  to  be  elected  at  large,  but  from  par- 
ticular wards,  the  members  of  the  board  of  supervisors  shall  be  elected 
at  large  and  without  regard  to  residence. 

§  16.  The  board  of  supervisors  may,  by  a  two-thirds  vote  of  the  mem- 
bers of  said  board,  change  the  boundaries  of  any  or  all  of  the  supervisor 
districts  of  a  county.  Said  districts  shall  be  as  nearly  equal  in  popula- 
tion as  may  be.  The  boundaries  of  no  supervisor  district  shall  at  any 
time  be  changed  in  such  manner  as  to  affect  the  term  of  office  of  any 
supervisor  who  has  been  elected,  and  whose  term  of  office  has  not  ex- 
pired. No  change  in  the  boundaries  of  any  supervisor  district  shall  be 
made  within  ninety  days  next  preceding  a  general  election. 

§  17.  Whenever  a  vacancy  occurs  in  the  board  of  supervisors  of  a 
county,  the  governor  shall  fill  the  vacancy,  and  the  appointee  shall  hold 
office  until  the  election  and  qualification  of  his  successor.  In  such  case 
the  election  of  a  supervisor  shall  be  held  at  the  next  general  election  to 
fill  the  vacancy  for  the  unexpired  term,  unless  such  term  expires  on  the 
first  Monday  after  the  first  day  of  January  succeeding  said  election. 

§  18.  The  supervisors  shall  elect  a  chairman,  who  shall  preside  at  all 
meetings  of  the  board,  and  in  case  of  his  absence  or  inability  to  act,  the 
members  present  must,  by  an  order  entered  on  their  records,  select  one 
of  their  number  to  act  as  chairman  temporarily.  Any  member  of  the 
board  may  administer  oaths,  when  necessary  in  the  performance  of  his 
official  duties.  A  majority  of  the  members  of  the  board  shall  constitute 
a  quorum  for  the  transaction  of  business,  and  no  act  of  the  board  shall 
be  valid  or  binding  unless  a  majority  of  all  the  members  concur  therein. 

§  19.  The  county  clerk  is  ex  officio  clerk  of  the  board  of  supervisors. 
The  records  and  minutes  of  the  board  must  be  signed  by  the  chairman 
and  the  clerk. 

CLEEK  OF  BOARD. 

§20.     The  clerk  of  the  board  must: 

1.  Record  all  the  proceedings  of  the  board. 

2.  Make  full  entries  of  all  their  resolutions  and  decisions  on  all  ques- 
tions concerning  the  raising  of  money  for  and  the  allowance  of  accounts 
against  the  county. 

3.  Record  the  vote  of  each  member  on  any  question  upon  which  there 
is  a  division,  or  at  the  request  of  any  member  present. 

4.  Immediately  after  the  adjournment  of  each  meeting  of  the  board, 
certify  all  demands  allowed  and  orders  made  for  the  payment  of  money, 
giving  the  amount  and  date  of  each  demand,  or  order,  and  the  date  of 
the  allowance  thereof,  which  demands,  or  orders,  shall  be  countersigned 
by  the  chairman  of  the  board,  and  thereafter  said  clerk  shall  deliver  to 
and  leave  the  same  with  the  auditor. 

5.  File  aud  preserve  the  reports  of  the  county  treasurer  of  the  receipts 
and  disbursements  of  the  county. 


Act  837,  §§  21-24  GENERAL  LAWS,  120 

6.  Preserve  and  file  a  memorandum  of  all  accounts  acted  upon  by  the 
board. 

7.  Preserve  and  file  all  petitions  and  applications  for  franchises,  and 
record  the  action  of  the  board  thereon. 

8.  Authenticate  with  his  signature  and  seal  of  the  board  the  proceed- 
ings of  the  board,  whenever  the  same  shall  be  ordered  published. 

9.  Authenticate  with  his  signature  and  the  seal  of  the  board,  all  or- 
dinances passed  by  the  board,  and  to  record  the  same  at  length  in  the 
"Ordinance  Book." 

10.  Eeeord  all  orders  levying  taxes;  and, 

11.  Perform  all  other  duties  required  by  law,  or  any  rule  or  order  of 
the  board. 

§21.     The  board  must  cause  to  be  kept: 

1.  A  "Minute  Book,"  in  which  shall  be  entered  the  daily  proceedings 
had  at  all  regular  and  special  meetings,  and  all  orders  and  decisions  made 
by  them,  except  such  as  are  required  to  be  recorded  in  the  "Eoad," 
"Franchise,"  or  "Ordinance"  books. 

2.  An  "Allowance  Book,"  in  which  must  be  recorded  all  orders  for  the 
allowance  of  money,  from  the  county  treasury,  to  whom  made,  and  on 
what  account,  dating,  numbering,  and  indexing  the  same  through  each 
year. 

3.  A  "Eoad  Book,"  containing  all  proceedings  and  adjudications  relat- 
ing to  the  establishment,  maintenance,  change,  and  discontinuance  of 
roads  and  road  districts. 

4.  A  "Franchise  Book,"  containing  all  franchises  granted  by  them,  and 
all  proceedings  had  in  relation  thereto. 

5.  A  "Warrant  Book,"  to  be  kept  by  the  county  auditor,  in  which  must 
be  entered,  in  the  order  of  drawing,  all  warrants  drawn  on  the  treasury, 
with  their  number,  and  reference  to  the  order  on  the  minute  book,  with 
the  date,  amount,  on  what  account,  and  name  of  payee. 

6.  An  "Ordinance  Book,"  in  which  must  be  entered  all  ordinances  duly 
passed  by  the  board. 

§  22.  The  boa,rd  of  supervisors  must,  by  ordinance,  provitle  for  the 
holding  of  regular  meetings  of  the  board  at  the  county  seat. 

§  23.  A  special  meeting  may  be  ordered  by  a  majority  of  the  board. 
The  order  must  be  signed  by  the  members  calling  such  meeting,  and  must 
be  entered  in  the  minutes.  Five  days*  notice  of  such  meeting  must  be 
given  by  the  clerk,  personally  or  by  mail,  to  the  members  not  joining  in 
the  order.  The  order  must  specify  the  business  to  be  transacted  at  such 
special  meeting,  and  none  other  shall  be  transacted. 

§24.  All  meetings  of  the  board  must  be  public,  and  the  books,  records, 
and  accounts  of  the  board  must  be  kept  at  the  oflice  of  the  clerk,  open 
at  all  times  for  public  inspection. 


121  COUNTY  GOVERNMENT.  Act  837,  S  25 

GENERAL  PERMANENT  POWERS  OF  BOARDS. 
§25.     The   boards   of   supervisors,   in   their    respective    counties,    shall 
have  jurisdiction  and  power,  under  such  limitations  and  restrictions  as 
are  prescribed  by  law: 

1.  To  supervise  the  official  conduct  of  all  county  officers,  and  officers 
of  all  districts  and  other  subdivisions  of  the  county  charged  with  the 
assessing,  collecting,  safekeeping,  management,  or  disbursement  of  the 
public  revenues;  to  see  that  they  faithfully  perform  their  duties,  direct 
prosecutions  for  delinquencies.,  and,  when  necessary,  require  them  to  re- 
new their  official  bonds,  make  reports  and  present  their  books  and  ac- 
counts for  inspection. 

2.  To  divide  the  counties  into  townships,  election,  school,  road,  super- 
visor, sanitary,  and  other  districts  required  by  law,  change  the  same,  and 
create  others,  as  convenience  requires. 

3.  To  establish,  abolish,  and  change  election  precincts,  and  to  appoint 
inspectors  and  judges  of  election,  canvass  all  election  returns,  declare  the 
result,  and  order  the  county  clerk  to  issue  certificates  thereof;  but  no 
election  precinct  shall  be  established  or  abolished,  or  the  boundaries  of 
any  precinct  changed,  within  ninety  daj's  prior  to  any  election. 

4.  To  lay  out,  maintain,  control,  construct,  repair,  and  manage  public 
roads,  turnpikes,  ferries,  wharves,  chutes,  and  other  shipping  facilities 
and  bridges  within  the  county,  unless  otherwise  provided  by  law,  and  to 
grant  franchises  and  licenses  to  collect  tolls  thereon;  provided,  where  the 
cost  of  the  construction  of  any  bridge,  wharf,  chute,  or  other  shipping 
facilities  that  may  be  built  under  the  provisions  of  this  subdivision  ex- 
ceeds the  sum  of  five  hundred  dollars,  they  must  cause  to  be  prepared 
and  must  adopt  plans  and  specifications,  strain  sheets,  and  working  de- 
tails, and  must  advertise  for  bids  for  the  construction  of  such  bridge, 
wharves,  chutes,  or  other  shipping  facilities,  unless  otherwise  provided 
by  law,  in  accordance  with  the  plans  and  specifications  so  adopted.  All 
bidders  shall  be  afforded  opportunity  to  examine  such  plans  and  specifica- 
tions, and  said  board  shall  award  the  contract  to  the  lowest  responsible 
bidder,  and  the  plans  and  specifications  so  adopted  shall  be  attached  to 
and  become  a  part  of  the  contract;  and  the  person  or  corporation  to 
whom  the  contract  is  awarded  shall  be  required  to  execute  a  bond,  to 
be  approved  by  said  board,  for  the  faithful  performance  of  such  con- 
tract; provided,  that  after  the  submission  of  the  bids  as  herein  provided, 
the  board  of  supervisors  being  advised  by  the  county  surveyor  that  the 
work  can  be  done  for  a  sum  less  than  the  lowest  responsible  bid,  it  shall 
then  be  their  privilege  to  reject  all  bids  and  to  order  the  work  done  or 
structure  built  by  day's  work,  under  the  supervision  and  control  of  the 
said  surveyor;  provided  further,  that  the  surveyor  in  such  cases  shall  be 
held  personally  responsible,  under  his  official  bond,  to  construct  said 
bridge  or  structure,  according  to  his  plans  and  specifications,  at  a  cost 
not  to  exceed  the  amount  of  the  lowest  responsible  bid  received;  pro- 
vided, that  the  road  commissioners  or  road  overseers  in  their  respective 
districts  shall  employ  all  labor  required  and  direct  the  conduct  of  work 
of  any  kind  upon  any  and  all  public  roads;  provided  further,  that  in 
cases  of  great  emergency,  by  the  unanimous  consent  of  the  whole  board, 


Act  837,  §  25  GENERAL  LAWS.  123 

they  may  proceed  at  once  to  replace  or  repair  any  and  all  bridges  and 
structures  without  notice. 

5.  To  construct  or  lease,  officer  and  maintain,  hospitals  and  poorhouscs, 
or  otherwise,  in  their  discretion,  provide  for  the  care  and  maintenance  of 
the  indigent  sick  or  dependent  poor  of  the  county;  and  for  such  purposes 
to  levy  the  necessary  property  or  poll  taxes,  or  both.  The  board  of 
supervisors  shall  appoint  some  suitable  person  to  take  care  of  and  main- 
tain such  hospitals  and  poorhouses,  and  shall  also  appoint  some  suitable 
graduate  or  graduates  in  medicine  to  attend  to  such  indigent  sick  or 
dependent  poor,  and  to  the  patients  in  such  hospitals  and  poorhouses. 
The  board  shall  not  let  the  care,  maintenance,  or  attendance  of  such 
indigent  sick  or  dependent  poor  by  contract  to  the  lowest  bidder. 

6.  To  provide  a  farm  in  connection  with  the  county  hospital,  or  poor- 
house,  and  make  regulations  for  working  the  same. 

7.  To  purchase,  receive  by  donation,  or  lease  any  real  or  personal  prop- 
erty or  water  rights  necessary  for  the  use  of  the  county,  and  to  pur- 
chase or  otherwise  acquire  necessary  real  estate  upon  which  to  sink  wells 
to  obtain  water  for  sprinkling  roads,  and  other  county  purposes,  and  to 
erect  thereon  tanks  and  reservoirs  for  the  storage  of  water  for  such  pur- 
poses, and  to  erect  pumping  apparatus  for  obtaining  the  same,  to  pre- 
serve, to  take  care  of,  and  manage  and  control  the  same;  but  no  pur- 
chase of  real  property  shall  be  made  unless  a  notice  of  the  intention  of 
the  board  to  make  such  purchase,  describing  the  property  to  be  pur- 
chased, the  price  to  be  paid  therefor,  from  whom  it  is  proposed  to  be 
purchased,  and  fixing  the  time  when  the  board  will  meet  to  consummate 
such  purchase,  has  been  published  for  at  least  three  weeks  in  some  news- 
paper of  general  circulation,  published  in  the  county;  or  if  none  be  pub- 
lished in  the  county,  then  has  been  posted  at  least  three  weeks  prior  to 
the  time  when  the  board  meets  to  consummate  such  purchase,  in  at  least 
three  public  places  in  each  supervisor  district. 

8.  To  cause  to  be  erected  or  rebuilt,  or  furnished,  a  courthouse,  jail, 
hospital,  and  such  other  public  buildings  as  may  be  necessary,  or  to  pro- 
vide suitable  buildings  for  such  purposes.  None  of  the  aforesaid  build- 
ings shall  be  erected  or  constructed  until  the  plans  and  specifications 
have  been  made  therefor  and  adopted  by  the  board.  All  such  buildings 
must  be  erected  by  contract,  let  to  the  lowest  responsible  bidder,  after 
notice  by  publication  in  a  newspaper  of  general  circulation  published 
in  such  county,  for  at  least  thirty  days.  In  case  there  is  no  newspaper 
published  in  such  county,  then  such  notice  shall  be  given  by  posting 
in  three  public  places. 

9.  To  sell  at  public  auction,  at  courthouse  door,  or  at  such  other  place 
within  the  county,  as  the  board  may,  by  a  four-fifths  vote,  order,  after 
thirty  days'  notice,  given  either  by  publication  in  a  newspaper  published 
in  the  county,  or  by  posting  in  five  public  places  in  the  county,  and  con- 
vey to  the  highest  bidder  for  cash,  any  property  belonging  to  the  county 
not  required  i'or  public  use,  paying  the  proceeds  into  the  county  treasury, 
for  the  use  of  the  county;  provided,  if  in  the  unanimous  judgment  of  the 
board  the  property  does  not  exceed  in  value  the  sum  of  seventy-five 
dollars,  or  if  it  be  the  product  of  the  county  farm,  the  same  may  be  sold 


123  COUNTY  GOVERNMENT,  Act  837,  §  25 

at  private  sale  without  advertising  by  any  member  of   the  board  em- 
powered for  that  purpose  by  a  majority  of  the  board. 

10.  To  examine  and  audit,  at  least  every  twelve  months,  the  accounts 
of  all  officers  having  the  care,  management,  collection,  or  disbursement  of 
moneys  belonging  to  the  county,  or  moneys  received  or  disbursed  by  them 
under  authority  of  law. 

11.  To  examine,  settle,  and  allow  all  accounts  legally  chargeable 
against  the  county,  except  salaries  of  officers,  and  such  demands  as  are 
authorized  by  law  to  be  allowed  by  some  other  person  or  tribunal,  and 
order  warrants  to  be  drawn  on  the  county  treasurer  therefor. 

12.  To  levy  taxes  upon  the  taxable  property  of  their  respective  coun- 
ties for  all  county  purposes,  and  also  upon  the  taxable  property  of  any 
district,  for  the  construction  and  repair  of  roads  and  highways  and  other 
district  purposes;  provided,  that  no  tax  shall  be  levied  upon  any  district 
until  the  proposition  to  levy  the  same  has  been  submitted  to  the  qual- 
ified electors  of  such  district,  and  received  a  majority  of  all  the  legal 
votes  cast  upon  such  proposition. 

121^.  Whenever  there  shall  be  presented  to  the  board  of  supervisors 
of  any  county  a  petition  signed  by  the  qualified  electors  of  any  township 
or  townships  in  number  equal  to  a  majority  of  the  votes  cast  at  the 
preceding  general  election,  prajdug  that  said  township  or  townships  may 
be  allowed  to  take  the  census  of  said  township  or  townships  for  the  pur- 
pose of  ascertaining  the  population  therein  contained,  the  board  of  super- 
visors shall  order  such  census  to  be  taken  by  one  or  piore  suitable  persons 
appointed  therefor  by  the  board  of  supervisors,  and  such  census  shall  be 
taken  by  such  persons  so  appointed  of  all  the  inhabitants  of  such  town- 
ship or  townships;  the  full  name  of  each  person  shall  be  plainly  written, 
the  names  alphabetically  arranged  and  regularly  numbered  in  one  com- 
plete series,  and  when  completed  shall  be  verified  before  any  officer  au- 
thorized to  administer  oaths,  and  be  filed  with  the  county  clerk  of  the 
county  wherein  such  census  is.  taken,  and  thereupon  the  same  shall  be 
known  and  shall  be  the  official  census  of  said  township  or  townships. 
The  expenses  of  taking  such  census  shall  be  a  county  charge. 

13.  Any  county  having  an  outstanding  indebtedness,  evidenced  by 
bonds  or  warrants  thereof,  may  refund  such  indebtedness  and  issue  bonds 
of  the  county  therefor,  and  any  county  may  incur  or  refund  a  bonded 
indebtedness' for  any  purposes  for  which  the  board  of  supervisors  are 
herein  authorized  to  expend  the  funds  of  said  county.  Such  indebtedness 
shall  be  refunded  or  incurred  in  the  following  manner,  to  wit:  The  board 
of  supervisors  thereof  shall  by  order  specify  the  purpose  for  which  the 
indebtedness  is  to  be  incurred,  the  amount  of  bonds  which  they  propose 
to  issue,  the  rate  of  interest,  and  the  number  of  years,  not  exceeding 
forty,  the  whole  or  any  part  of  said  bonds  are  to  run,  and  shall  furthei 
provide  for  submitting  the  question  of  the  issue  of  said  bonds  to  the 
qualified  electors  of  the  county  at  a  special  election  to  be  called  by  the 
board  for  that  purpose,  and  the  words  to  appear  upon  the  ballot  shall  be 
"Bonds — Yes,"  and  "Bonds — No,"  or  words  of  similar  import.  None  but 
qualified  voters  of  the  county  shall  be  permitted  to  vote  thereat,  and  it 
shall  be   held  as   nearly  as  practicable   in   confonnity  with   the  general 


Act  837,  §  25  GENERAL  LAWS.  124 

election  law  of  the  state.  Notice  shall  be  given  of  snch  election  by  pub- 
lication in  one  or  more  newspapers  published  in  the  county,  once  a  week 
for  at  least  four  weeks  or  daily  for  not  less  than  thirty  days,  prior  to 
said  election.  If  there  be  no  such  newspaper,  then  by  posting  the  same 
conspicuously  in  five  public  places  in  said  county  at  least  thirty  days 
before  said  election.  Such  notice  must  contain  the  time  and  place  or 
places  of  holding  such  election,  the  name  of  election  officers  to  con- 
duct the  same,  the  amount  and  denomination  of  the  bonds,  the  rate  of 
interest  to  be  paid,  and  the  number  of  years,  not  exceeding  forty,  the 
whole  or  any  part  of  such  bonds  are  to  run.  If  any  election  officers  so 
named  in  such  notice  are  not  present  at  the  opening  of  the  polls,  the 
electors  present  may  appoint  election  officers  to  take  the  place  of  such 
election  officers  absent.  If  two-thirds  of  the  electors  of  the  county 
voting  at  such  election  shall  vote  in  favor  of  issuing  such  bonds,  the 
board  must  proceed  to  issue  the  amount  of  bonds  specified;  provided,  that 
the  total  amount  of  bonded  indebtedness  shall  at  no  time  exceed  five 
per  cent  of  the  taxable  property  of  the  county,  as  shown  by  the  last 
equalized  assessment  book  thereof.  This  limitation  shall  not  apply  to 
bonds  which  may  be  issued  to  refund  an  indebtedness  existing  January 
first,  eighteen  hundred  and  eighty.  The  board  of  supervisors,  by  an 
order  entered  upon  its  minutes,  shall  prescribe  the  form  of  said  bonds, 
and  of  the  interest  coupons  attached  thereto,  and  fix  the  time  when  the 
whole  or  any  part  of  the  principal  of  said  bonds  shall  be  payable,  which 
shall  not  be  more  than  forty  years  from  the  date  thereof;  and  said  board 
may  also,  at  their  option,  by  a  provision  in  such  bonds,  make  such  prin- 
cipal payable  on  or  before  a  specified  date  at  the  pleasure  of  the  county. 
Said  bonds  may  be  issued  in  denominations  not  to  exceed  one  thousand 
dollars  and  not  less  than  one  hundred  dollars;  principal  and  interest  pay- 
able in  gold  coin  of  the  United  States,  either  at  the  treasury  of  said 
county,  or  at  such  place  as  such  board  may  designate,  or  both  at  such 
treasury  or  such  designated  place,  at  the  option  of  the  bondholder.  In- 
terest on  said  bonds  shall  not  exceed  six  per  cent  per  annum,  payable 
annually  or  semi-annually,  as  said  board  may  designate.  Said  bonds 
shall  be  signed  by  the  chairman  of  the  board  of  supervisors,  and  attested 
by  the  auditor  of  said  county,  and  have  the  seal  of  the  board  of  super- 
visors attached,  and  said  coupons  shall  be  signed  by  said  auditor  by  orig- 
inal or  lithographed  fac-simile  signature;  and  said  bonds  shall  be  sold  in 
the  manner  prescribed  by  said  board  of  supervisors,  but  for  not  less  than 
par.  The  board  of  supervisors  before  or  at  the  time  of  incurring  the 
indebtedness  of  any  bonds  issued  under  the  provisions  of  this  act,  and 
annually  thereafter  until  all  of  said  bonds  are  paid  and  canceled,  must 
levy  a  tax  for  that  year  upon  the  taxable  property  of  said  county  for  the 
interest  and  redemption  of  said  bonds,  and  such  tax  must  not  be  less 
than  sufficient  to  pay  the  interest  on  said  bonds  for  that  year,  and  such 
portion  of  the  principal,  if  any,  as  is  to  become  due  during  such  year, 
and  in  any  event  must  be  sufficient  to  raise  annually  for  the  first  half 
of  the  term  said  bonds  have  to  run,  a  sufficient  sum  to  pay  the  interest 
thereon;  and  during  the  balance  of  the  term  sufficient  to  pay  such  as- 
nual  interest,  and  to  provide  annually  a  proportion  of  the  principal  of 


125  COUNTY  GOVERNMENT.  Act  837,  §  25 

said  bonds  equal  to  a  sum  produced  by  taking  the  whole  amount  of  said 
bonds  outstanding  and  dividing  it  by  the  number  of  years  said  bonds 
then  have  to  run.  And  the  board  of  supervisors,  before  or  at  the  time 
of  issuing  said  bonds  by  ordinance  shall  provide  for  the  levy  of  an 
annual  tax  sufficient  to  effect  the  objects  of  this  provision,  and  to  pro- 
vide for  the  payment  of  the  interest  on  said  bonds  as  it  becomes  due, 
and  also  sufficient  to  constitvite  a  sinking  fund  to  pay  the  principal  of 
such  indebtedness  at  or  before  maturity.  Such  tax  when  collected,  shall 
be  paid  into  the  treasury  of  the  county,  and  used  solely  to  pay  the  inter- 
est and  principal  of  said  bonds  as  they  respectively  become   due. 

The  revenue  derived  from  the  sale  of  said  bonds  shall  be  applied  to 
the  purpose  specified  in  the  order  of  the  board,  and  no  other.  Should 
there  be  any  surplus,  it  shall  be  applied  toward  the  payment  of  said 
bonds.  The  board  of  supervisors  of  any  county  can  contract  a  bonded 
indebtedness  for  county  purposes  only  as  herein  provided. 

In  issuing  bonds  under  this  act,  the  board  of  supervisors  may,  at  its 
option,  use  the  following  form  of  bond  and  coupon: 
United  States  of  America, 

No. County  of  ,  $ 

State  of  California. 

The   county   of  ,   state    of   California,   hereby   acknowledges   itself 

indebted  and  promises  to  pay  the  bearer  hereof,  on  the  first  day  of  , 

one   thousand  (herein  insert,   if   the   board   of   supervisors   elect   to 

make  the  bond  paj-able  on  a  certain  date,  or  before  that  date,  at  the 
pleasure  of  the  county,  the  words  "or  at  any  time  before  that  date,  at  the 
pleasure  of  the  county"),  with  interest  thereon  in  like  gold  coin,  at  the 

rate   of  —  per  centum  per  annum  payable  at  semi-annually   (or 

annually)  on  the  first  day  of and  (or  on  the  first  day  of  , 

if  interest  payable  annually)  on  presentation  and  surrender  of  the  in- 
terest coupon  hereto  attached. 

This  bond  is  issued  by  the  board  of  supervisors  of  the  county  of  , 

state  of  California,  in  strict  compliance  with  an  act  of  the  legislature 
entitled  "An  Act  to  establish  a  uniform  system  of  county  and  township 

governments,"  approved  the day  of ,  189 — ,  and  in  pursuance  of 

an  order  of  said  board  duly  made  on  the  day  of  ,   IS — ,  and 

with  the  assent  of  two-thirds  of  the  qualified  electors  of  said  county, 
voting  at  an  election  legally  called  and  duly  held  for  that  purpose  on  the 
day  of ,  18—. 

And  it  is  hereby  certified  and  recited  that  the  bonded  indebtedness 
of  said  county,  including  this  bond,  does  not  exceed  five  per  cent  of  the 
taxable  property  thereof,  as  shown  by  the  last  equalized  assessment  of 
said  county,  and  that  provision  has  been  made  for  the  collection  of  an 
annual  tax  sufficient  to  pay  the  interest  on  this  indebtedness  as  it  falls 
due,  and  also  sufficient  to  constitute  a  sinking  fund  for  the  payment  of 
said  indebtedness  at  or  before  maturity. 

In  witness  whereof  the  said  county,  by  its  board  of  supervisors,  has 
caused  this  bond  to  be  signed  by  the  chairman  of  said  board,  and  attested 


Act  837,  §  25  GENERAL  LAW/S.  126 

by  the  auditor  thereof,  and  the  seal  of  the  board  of  supervisors  hereto 
attached  this  day  of  ,  one  thousand  . 

Chairman  board  of  supervisors. 

Attest: . 

County  Auditor. 
And  the  interest  coupon  may  be  in  the  following  form: 

"The  county  of  ,  state  of  California,  hereby  promises  to  pay  the 

holder  hereof,  on  the  day  of  ,  one  thousand  ,  at  .  in 

$ United  States  gold  coin,  for  interest  on  its  county  bond  No. 

County  Auditor." 
If  the  board  of  supervisors  of  any  county  which  has  issued  bo^ids  under 
the  provisions  of  this  act  shall  fail  to  make  the  levy  necessary  to  pay 
such  bonds  or  interest  coupons  at  maturity,  and  the  same  shall  have  been 
presented  to  the  county  treasurer  and  the  payment  thereof  refused,  the 
owner  may  file  the  bond,  together  with  all  unpaid  coupons  with  the  state 
controller,  taking  his  receipt  therefor,  and  the  same  shall  be  registered 
in  the  state  controller's  office;  and  the  state  board  of  equalization  shall, 
at  their  next  session,  and  at  each  annual  equalization  thereafter,  add  to 
the  state  tax  to  be  levied  in  said  county  a  sufficient  rate  to  realize  the 
amount  of  principal  or  interest  past  due  and  to  become  due  prior  to  the 
next  levy,  and  the  same  shall  be  levied  and  collected  as  a  part  of  the 
state  tax  and  paid  into  the  state  treasury  and  passed  to  the  special  credit 
of  such  county  as  bond  tax,  and  shall  be  paid  by  warrants,  as  the  pay- 
ments mature,  to  the  holder  of  such  registered  obligations,  as  shown  by 
the  register  in  the  office  of  the  state  controller,  until  the  same  shall 
be  fully  satisfied  and  discharged,  any  balance  then  remaining  being 
passed  to  the  general  account  and  credit  of  said  county. 

14.  To  maintain,  regulate,  and  govern  public  pounds,  fix  the  limits 
within  which  animals  shall  not  run  at  large,  and  appoint  poundkeepers, 
who  shall  be  paid  out  of  the  fines  imposed  and  collected  from  the  owners 
of  impounded  animals,  and  from  no  other  source. 

15.  To  equalize  assessments. 

16.  To  direct  and  control  the  prosecution  and  defense  of  all  suits  to 
which  the  county  is  a  party,  and,  by  a  two-thirds  vote  of  all  the  mem- 
bers, may  employ  counsel  to  assist  the  district  attorney  in  conducting 
the  same. 

17.  To  insure  the  county  buildings  and  other  property  in  the  name  of 
and  for  the  benefit  of  the  county. 

18.  To  establish  a  salary  fund,  and  such  other  county  funds  as  they 
may  deem  necessary  for  the  proper  transaction  of  the  business  of  the 
county,  and  to  transfer  moneys  from  one  fund  to  another,  as  the  public 
interest   may  require. 

19.  To  fill,  by  appointment,  all  vacancies  that  may  occur  in  any  office 
filled  by  the  appointment  of  the  board  of  supervisors  and  elective  county 
or  township  officers,  except  in  those  of  judge  of  the  superior  court  and 


127  COUNTY  GOVERNMENT.  Act  837,  §  25 

supervisor,  the  appointee  to  hold  office  for  the  unexpired  term  or  until 
the  next  general  election. 

20.  They  may  appoint  in  each  county,  a  health  officer,  whose  duty 
it  shall  be  to  enforce  all  orders  and  ordinances  of  the  board  of  super- 
visors, pertaining  to  sanitary  matters,  and  all  orders,  quarantine  regula- 
tions, and  rules  prescribed  by  the  state  board  of  health,  and  all  statutes 
relating  to  vital  statistics.  He  shall  give  to  the  duties  of  his  office 
such  time  and  attention  as  may  be  necessary  to  secure  general  super- 
vision of  all  matters  pertaining  to  the  health  and  sanitary  condition  of 
the  county.  He  shall  be  a  graduate  of  a  medical  college  of  good  stand- 
ing and  repute,  and  shall  hold  office  for  a  term  of  one  year,  and  receive 
for  his  services  a  compensation  not  to  exceed  six  hundred  dollars  per 
annum. 

The  board  of  supervisors  shall  adopt  orders  and  ordinances  necessary 
for  the  preservation  of  the  public  health  of  the  county,  not  in  conflict 
with  general  laws,  and  provide  for  the  payment  of  all  expense  incurred 
in  enforcing  the  same. 

For  any  unincorporated  town,  when  public  necessity  requires  such  ac- 
tion, the  board  of  supervisors  may  appoint  a  special  health  officer,  who 
shall,  in  such  town,  under  the  supervision  of  the  county  health  officer, 
exercise  all  necessary  diligence  in  executing  the  ordinances,  rules  and 
regulations  of  the  board  of  supervisors,  or  the  state  board  of  health, 
relating  to  health  and  sanitary  matters.  His  terra  of  office  and  com- 
pensation shall  be  fixed  by  the  board  of  supervisors,  and  he  shall  re- 
ceive as  his  compensation  for  services  not  to  exceed  one  hundred  dollars 
in  any  one  year. 

21.  The  board  of  supervisors  of  the  several  counties  shall  annually  ad- 
vertise, for  at  least  ten  days  in  a  newspaper  of  general  circulation  in 
the  county  (if  there  be  a  newspaper  published  in  the  county,  otherwise 
by  posting  notices  in  three  public  places),  for  sealed  bids  for  furnishing 
the  county  with  stationery,  clothing,  bedding,  groceries,  provisions,  drugs, 
medicines,  and  all  other  supplies.  All  bids  shall  be  on  a  schedule,  show- 
ing all  articles  needed  in  the  several  offices  and  departments  prepared 
by  the  clerk  of  the  board,  shall  state  separately  the  price  of  each  article 
to  be  furnished,  and  any  person  may  bid  upon  any  article  separately. 

In  considering  such  bids,  the  board  may  accept  or  reject  all  or  any 
of  them,  or  may  accept  or  reject  a  part  of  any  such  bid,  preference  be- 
ing given,  however,  to  the  lowest  responsible  bidder.  All  supplies  fur- 
nished the  county,  or  any  officer  thereof,  shall  be  furnished  at  a  price  no 
greater  than  is  specified  in  the  bid  which  may  be  accepted  by  the  board. 

The  board  shall  annually  fix  the  price  at  which  the  county  shall  be 
supplied  with  job  printing  and  blank  books,  from  a  schedule  prepared 
by  the  clerk  of  the  board,  showing  all  blanks  and  blank  books  used  in 
the  several  offices  and  departments,  and  also  the  price  of  all  county 
advertising;  and  each  county  officer  shall  procure  such  blank  books,  job 
printing,  and  advertising  required  for  the  proper  discharge  of  his  official 
duties,  such  printing  and  advertising  to  be  done  by  such  person  or  news- 
paper as  such  county  officer  may  designate,  at  a  price  no  greater  than 
is  so  fixed,  and  certify  the  bill  therefor  to  the  board  of  supervisors. 


Act  837,  §  25  GENERAL  LAWS.  128 

A  square  of  advertising  shall  be  two  hundred  and  thirty-four  ems  non- 
pareil. No  supplies,  printing,  stationery,  or  books,  shall  be  procured 
of  any  person  or  firm  whose  paper  has  not  been  published,  or  whose  place 
of  business  has  not  been  established  in  the  county  for  one  year  or  more 
prior  to  the  time  for  fixing  said  prices. 

22.  The  board  shall  cause  to  be  published  a  semi-annual  statement  of 
the  financial  condition  of  the  county,  showing,  in  detail  the  expenditures 
authorized  during  the  preceding  six  months;  and  within  ten  daj'S  after 
each  session  of  the  board,  a  fair  statement  of  all  their  proceedings. 

23.  To  make  and  enforce  such  rules  and  regulations  for  the  government 
of  their  body,  the  preservation  of  order,  and  the  transaction  of  business, 
as  may  be   necessary. 

24.  To  adopt  a  seal  for  the  board  a  description  and  impression  of  which 
must  be  filed  in  the  office  of  the  county  clerk  and  of  the  secretary  of 
state. 

25.  To  license,  for  purposes  of  regulation  of  revenue,  all  and  every 
kind  of  business  not  prohibited  by  law,  and  transacted  and  carried  on  in 
such  county,  and  all  shows,  exhibitions,  and  lawful  games  carried  on 
therein;  to  fix  the  rates  of  license  tax  upon  the  same,  and  to  provide  for 
the  collection  of  the  same,  by  suit  or  otherwise;  provided,  that  every 
honorably  discharged  soldier,  sailor,  or  marine  of  the  United  States, 
who  is  unable  to  obtain  a  livelihood  by  manual  labor,  shall  have  the  right 
to  hawk,  peddle,  and  vend  any  goods,  wares  or  merchandise  except  spirit- 
uous, malt,  vinous,  or  other  intoxicating  liquor,  without  payment  of  any 
license,  tax,  or  fee  whatsoever,  whether  municipal,  county,  or  state;  and 
the  board  of  supervisors  shall  issue  to  such  soldier,  sailor,  or  marine, 
without  cost,  a  license  therefor.  The  board  may  provide  that  any  such 
license  shall  cease  upon  the  nonpayment  of  such  tax,  and  any  person, 
firm,  or  corporation  transacting  or  carrying  on  such  business,  without 
such  license  whenever  prescribed  is  guilty  of  a  misdemeanor. 

26.  To  provide  for  the  destruction  of  gophers,  squirrels,  other  wild 
animals,  noxious  weeds,  and  insects  injurious  to  fruit  or  fruit  trees,  or 
vines,  or  vegetable  or  plant  life. 

27.  To  provide  for  the  prevention  of  injuries  to  sheep  by  dogs,  and  to 
tax  dogs  and  direct  the  application  of  the  tax. 

28.  To  provide,  by  ordinances  not  in  conflict  with  the  general  laws 
of  the  state  for  the  protection  of  fish  and  game,  and  may  shorten  the 
season  for  the  taking  or  killing  of  fish  and  game,  within  the  dates  fixed 
by  the  general  state  laws,  but  shall  not  lengthen  the  same. 

'  29.  To  provide  for  the  working  of  prisoners  confined  in  the  county 
jail,  under  judgment  of  conviction  of  misdemeanor,  under  the  direction 
of  some  responsible  person,  to  be  appointed  by  the  sheriff,  wliose  com- 
pensation shall  not  exceed  one  hundred  dollars  per  month,  upon  the  public 
grounds,  roads,  streets,  alleys,  highways,  or  public  buildings,  or  in  such 
other  places  as  may  be  deemed  advisable,  for  the  benefit  of  the  county. 

30.  To  provide  for  the  burying  of  the  indigent  dead. 

31.  To  make  and  enforce,  within  the  limits  of  their  county  all  such 
local  police,  sanitary,  and  other  regulations  as  are  not  in  conflict  with 
general  laws. 


129  COUNTY  GOVERNMENT.  Act  837,  S  25 

32.  To  adopt  such  rules  and  regulations  within  their  respective  coun- 
ties, with  regard  to  keeping  and  storing  of  every  description  of  gun- 
powder, Hercules  powder,  giant  powder,  or  other  explosive  or  combustible 
material,  as  the  safety  and  protection  of  the  lives  and  property  of  indi- 
viduals may  require. 

33.  To  appropriate  from  the  general  fund  of  the  county,  unless  other- 
wise in  this  act  provided,  not  to  exceed,  in  counties  of  the  first  and 
second  class,  the  sum  of  three  thousand  dollars,  and  in  all  other  counties 
the  sum  of  two  thousand  dollars  in  any  one  year,  to  aid'  in  or  carry  on 
the  work  of  inducing  immigration  thereto,  or  for  the  purpose  of  exhibit- 
ing or  advertising  the  agricultural,  mineral,  manufacturing,  or  other 
resources  of  the  county. 

34.  To  enforce,  by  ordinance,  within  the  limits  of  their  counties,  all 
such  regulations  concerning  the  size  of  wagons  and  vehicles  of  all  kinds 
to  be  used  on  the  roads  or  highways,  and  the  width  of  tires  on  the  same, 
as  are  not  in  conflict  with  general  laws. 

35.  To  grant  licenses  and  franchises  for  constructing,  keeping,  and 
taking  tolls  on  roads,  bridges,  ferries,  wharves,  chutes,  booms,  and  piers, 
and  to  grant  franchises  along  and  over  the  public  roads  and  highways 
for  all  lawful  purposes,  upon  such  terms  and  conditions  and  restrictions 
as  in  their  judgment  may  be  necessary  and  proper,  and  in  such  manner 
as  to  prevent  the  least  possible  obstruction  and  inconvenience  to  the 
traveling  public. 

36.  To  grant  on  such  terms,  conditions,  and  restrictions  as  in  their 
judgment  may  be  necessary  and  proper,  licenses  and  franchises  for  tak- 
ing tolls  on  public  roads  or  highways,  whenever  in  their  judgment  the 
expense  necessary  to  operate  or  maintain  such  public  roads  or  highways 
as  free  public  highways  is  too  great  to  justify  the  county  in  so  operating 
or  maintaining  them.  It  shall  always  be  a  condition  attached  to  the 
granting  of  such  licenses  and  franchises,  that  such  roads  or  highways 
shall  be  kept  in  reasonable  repair  by  the  person  or  persons  to  whom 
such  licenses  or  franchises  may  be  granted. 

37.  To  enact  ordinances,  and  regulations  for  the  construction,  altera- 
tion, repair,  and  control  of  all  public  roads  and  highways  in  the  county, 
unless  otherwise   provided  by  law. 

38.  To  levy  a  special  road  fund  tax,  not  to  exceed  two  (2)  mills  on 
the  one  dollar  of  assessed  valuation,  on  all  the  property  in  such  counties, 
outside  of  any  incorporated  city  or  town.  Such  tax  shall  be  in  addition 
to  all  taxes  otherwise  provided  for,  and  the  fund  so  created  shall  be 
expended  for  the  construction  and  maintenance  of  the  main  public  roads 
or  county  highways  in  the  several  road  districts  in  proportion  to  the 
amount  collected  from  such  districts. 

39.  To  encourage,  under  such  regulations  as  they  may  adopt,  the  plant- 
ing and  preservation  of  shade  and  ornamental  trees  on  the  public  roads 
and  highways,  and  on  and  about  the  public  grounds  and  buildings  of  the 
county,  and  pay  to  persons  planting  and  cultivating  the  same,  for  every 
living  tree  thus  planted  at  the  age  of  four  years,  a  sum  not  exceeding 
one  dollar. 

Gen.  Laws — 9 


Act  837,  §§  25y2-28  GENERAL  LAWS.  130 

40.  To  do  and  perform  all  other  acts  and  things,  required  by  law  not 
in  this  act  enumerated,  or  which  may  be  necessary  to  the  full  discharge 
of  the  duties  of  the  legislative  authority  of  the  county  government. 

41.  To  provide  by  ordinance  for  the  organization  and  government  of 
districts,  to  protect  and  preserve  the  banks  of  rivers  and  streams  and 
lands  lying  contiguous  thereto  from  injury  by  overflow  or  the  washing 
thereof,  and  to  provide  for  the  improvements  of  said  rivers  and  streams, 
and  prevent  the  obstruction  thereof,  and  to  provide  for  the  assessment, 
levy,  and  collections  within  such  districts  of  a  tax  therefor. 

§  251/2-  The  board  of  supervisors  shall  adopt  orders  and  enact  ordi- 
nances necessary  for  the  preservation  of  the  health  of  domestic  livestock, 
which  orders  and  ordinances  shall  not  be  in  conflict  with  state  or  federal 
laws,  and  the  said  board  of  supervisors  shall  provide  for  the  payment  of 
all  expenses  incurred  in  enforcing  the  same,  which  expenses  shall  be  a 
county  charge  and  payable  in  the  same  manner  and  out  of  the  same 
funds  as  other  county  charges  are  paid.  [New  section  approved  March 
21,  1905.     Stats.  1905,  p.  722.     In  effect  in  sixty  days.] 

§26.     The  enacting  clause  of  all  ordinances  of  the  board  shall  be  as 

follows:   "The  board  of  supervisors  of  the  county  of  do  ordain  as 

follows."  Every  ordinance  shall  be  signed  by  the  chairman  of  the  board 
and  attested  by  the  clerk.  On  the  passage  of  all  ordinances  the  votes 
of  the  several  members  of  the  board  shall  be  entered  on  the  minutes, 
and  all  ordinances  shall  be  entered  at  length  in  the  "Ordinance  Book." 
No  ordinance  passed  by  the  board  shall  take  effect  within  less  than  fif- 
teen days  after  its  passage,  and  before  the  expiration  of  the  said  fifteen 
days  the  same  shall  be  published,  with  the  names  of  the  members  voting 
for  and  against  the  same,  for  at  least  one  week,  in  some  newspaper  pub- 
lished in  the  county,  if  there  be  one,  and  if  there  be  none  published  in 
the  county,  then  such  ordinance  shall  be  posted  at  the  courthouse  door 
at  least  one  week.  An  order  entered  in  the  minutes  of  the  board  that 
such  ordinance  has  been  duly  published  or  posted  shall  be  prima  facie 
proof  of  such  publication  or  posting. 

§  27.  The  board  of  supervisors  shall  have  power  to  direct  the  sheriff  to 
attend,  in  person  or  by  deputy,  all  the  meetings  of  the  board,  to  preserve 
order,  serve  notices,  subpoenas,  citations,  or  other  process,  as  directed 
by  the  board. 

§28.  Whenever  the  board  of  supervisors  of  any  county  shall  deem  it 
necessary  or  important  to  examine  any  person  as  a  witness  upon  any 
subject  or  matter  within  the  jurisdiction  of  such  board,  or  to  examine 
any  officer  of  the  county  in  relation  to  the  discharge  of  his  official  duties, 
as  to  the  receipt  or  disposition  by  him  of  any  moneys,  or  concerning  the 
possession  or  disbursement  by  him  of  any  property  belonging  to  the 
county,  or  to  use,  inspect,  or  examine  any  books,  account,  voucher,  or 
document  in  the  possession  of  such  officer  or  other  person,  or  under  his 
control,  relating  to  the  affairs  or  interests  of  such  county,  the  chairman 
of  such  board  shall  issue  a  subpoena,  in  proper  form,  commanding  such 


131  COUNTY  GOVERNMENT.  Act  837,  §§  29-33  VS 

person  or  officer  to  appear  before  such  board,  at  a  time  and  place  therein 
specified,  to  be  examined  as  a  witness;  and  such  subpoena  may  require 
such  person  or  officer  to  produce  on  such  examination  all  books,  papers, 
and  documents  in  his  possession  or  under  his  control,  relating  to  the 
affairs  or  interests  of  the  county. 

§29.  It  shall  be  the  duty  of  the  sheriff  of  the  county  to  whom  the 
subpoena  is  delivered,  to  serve  the  same  by  reading  it  to  the  person 
named  therein,  and  at  the  same  time  to  deliver  to  him  a  copy  thereof, 
and  his  official  return  thereon,  of  the  time  and  place  of  such  service, 
shall  be  prima  facie  evidence  thereof. 

§  30.  Whenever  the  board  of  supervisors  shall  appoint  any  members 
of  their  body  a  committee  upon  any  subject  or  matter  of  which  the 
board  has  jurisdiction,  and  has  conferred  upon  such  committee  power 
to  send  for  persons  and  papers,  the  chairman  of  such  committee  shall 
possess  all  the  powers  and  be  liable  to  all  the  duties  herein  given  to 
and  imposed  upon  the  chairman  of  the  board  of  supervisors. 

§  31.  Whenever  any  person  duly  subpoenaed  to  appear  and  give  evi- 
dence, or  to  produce  any  books  and  papers,  as  herein  provided,  shall 
neglect  or  refuse  to  appear,  or  to  produce  such  books  and  papers,  as 
required  by  such  subpoena,  or  shall  refuse  to  testify  before  such  board 
or  committee,  or  to  answer  any  questions  which  a  majority  thereof  shall 
decide  to  be  proper  and  pertinent,  he  shall  be  deemed  in  contempt,  and  it 
shall  be  the  duty  of  the  chairman  of  the  board,  or  of  the  committee, 
as  the  case  may  be,  to  report  the  fact  to  the  judge  of  the  superior 
court  of  the  county,  or  of  the  city  and  county,  who  shall  thereupon  issue 
an  attachment  in  the  form  usual  in  the  court  of  v,-hich  he  shall  be  judge, 
directed  to  the  sheriff  of  the  county  where  such  witness  was  required 
to  appear  and  testify,  commanding  the  said  sheriff  to  attach  such  person, 
and  forthwith  bring  him  before  the  judge  by  whose  order  such  attach- 
ment was  issued. 

§  32.  On  return  of  the  attachment  and  the  production  of  the  body  of 
the  defendant,  the  said  judge  shall  have  jurisdiction  of  the  matter,  and 
the  person  charged  may  purge  himself  of  the  contempt  in  the  same  way, 
and  the  same  proceedings  shall  be  had,  and  the  same  penalties  may  be 
imposed,  and  the  same  punishment  inflicted  as  in  case  of  a  witness 
subpoenaed  to  appear  and  give  evidence  on  the  trial  of  a  civil  cause 
before  a  superior  court. 

§  33.  The  witnesses  summoned  to  testify  on  behalf  of  the  county  in 
matters  of  public  concern  before  the  board  of  supervisors  are  not  en- 
titled to  have  their  fees  prepaid;  but  the  board  must  allow  them  the 
reasonable   expenses   of   their   attendance. 

§  33V2'  To  appropriate  from  the  general  fund  of  the  county,  unless 
otherwise  provided,  not  exceeding  in  counties  of  the  first  and  second 
class  the  sum  of  twenty  thousand  dollars,  and  in  all  other  counties  not 
exceeding  the  sum  of  ten  thousand  dollars  in  any  one  year,  to  aid  in  and 


Act  837,  §§  34-36  GENERAL  LAWS,  132 

carry  on  the  work  of  the  preservation  of  forests  upon  public  lands,  the 
reforestration  of  forests  upon  public  lauds,  and  the  protection  of  forests 
upon  public  lands  from  fire.  [Amendment,  approved  March  20,  1905. 
Stats.  1905,  p.  394.     In  effect  in  sixty  days.] 

§34.  The  board  must  provide  printed  copies  of  the  great  register,  poll 
lists,  poll  books,  blank  returns  and  certificates,  proclamations  of-  elec- 
tions, and  other  appropriate  and  necessary  appliances  for  holding  all 
elections  in  the  county,  and  allow  reasonable  charges  therefor,  and  for 
the  transmission  and  return  of  the  same  to  the  proper  officers. 

§  35.  Whenever,  as  canvassers,  the  board  of  supervisors  have  declared 
the  result  of  an  election  held  in  the  county,  certificates  must  be,  by  the 
county  clerk,  issued  to  all  persons  elected  to  a  county,  township,  or  dis- 
trict office  therein,  and  such  other  certificates  must  be  made  out  and 
transmitted  as  required  by  law. 

§  36.  The  board  must  not,  for  any  purpose,  contract  debts  or  liabilities, 
in  any  manner  or  for  any  purpose,  which  exceed  in  any  fiscal  year  the 
income  and  revenue  provided  for  such  year,  except  as  permitted  by  the 
constitution.  It  shall  be  the  duty  of  the  auditor,  at  the  commencement  of 
each  regular  session  of  the  board,  to  lay  before  it  a  statement  prepared 
by  him  of  the  aggregate  amount  of  allowance  against  each  fund,  and  of 
salaries  and  liabilities  fixed  by  law,  paid  or  payable  therefrom  since  the 
beginning  of  the  fiscal  year,  together  with  a  statement  of  receipts  of 
each  fund  for  that  portion  of  the  year  already  elapsed,  and  an  exact 
estimate  of  the  revenue  for  the  remainder  of  the  year  apportioned  to  the 
different  funds,  based  upon  the  receipts  for  the  corresponding  portion  of 
the  preceding  year.  Whenever  the  board  shall  have  levied  the  state  and 
county  tax  for  the  fiscal  year,  the  auditor's  estimates  for  the  remainder 
of  the  year  shall,  as  to  receipts  from  property  tax,  be  based  upon  the 
assessment-roll  and  tax  levy,  deducting  ten  per  cent  for  the  anticipated 
delinquencies.  Up  to  and  including  the  first  day  of  January  in  each 
fiscal  year  the  board  shall  have  no  power  for  any  purpose  to  contract 
debts  or  liabilities  in  any  manner  or  for  any  purpose  nor  to  make  any 
allowances  against  any  funds,  which  with  all  the  debts  and  liabilities 
previously  incurred  and  with  all  allowances  previously  made,  and  salaries 
and  liabilities  fixed  by  law  payable  therefrom,  shall  exceed  seventy  per 
cent  of  the  auditor's  estimate  of  revenue  for  the  year,  except  to  build 
or  repair  roads  and  bridges  which  have  been  destroyed  or  made  im- 
passable by  flood  or  fire.  Any  debts  or  liabilities  contracted  in  any 
manner  or  for  any  purpose  and  any  allowances  made  contrary  to  the 
provisions  of  this  section  shall  be  null  and  void  and  the  auditor  shall  not 
draw  his  warrant  therefor  nor  the  treasurer  pay  the  same.  When  several 
allowances  are  made  on  the  same  day,  they  shall  be  deemed  to  have  been 
in  the  order  in   which  they  are   entered  in  the   "Allowance  Book,"  and 


133  COUNTY  GOVERNMENT.  Act  837,  §§  37-41 

shall  be  certified  in   that  order  by   the  auditor.      [Amendment  approved 
March  24,  1903.     Stats.  1903,  p.  402.     In  effect  immediately.] 

§  37.  "Whenever  the  board  of  supervisors  shall  adopt  plans  and  specifi- 
cations for  the  erection,  alteration,  construction,  or  repair  of  any  public 
building,  bridge,  or  other  public  structure,  such  plans  and  specifications 
shall  not  be  altered  or  changed  in  nny  manner  whereby  the  cost  of  such 
building,  bridge,  or  structure  shall  be  increased,  except  by  a  vote  of 
two-thirds  of  their  number. 

§38.  Whenever  the  board  of  supervisors  shall  enter  into  a  contract 
for  the  erection,  construction,  alteration,  or  repair  of  any  public  build- 
ing, bridge,  or  other  structure,  such  contract  shall  not  be  altered  or 
changed  in  any  manner,  unless  they  shall,  by  a  vote  of  two-thirds  of 
their  number,  and  with  the  consent  of  the  contractor,  first  so  order. 
And  whenever  any  such  change  or  alteration  is  so  ordered,  the  partic- 
ular change  or  alteration  shall  be  specified,  in  writing,  and  the  cost 
thereof  agreed  upon  between  the  board  and.  the  contractor.  In  no  case 
shall  the  board  pay  or  become  liable  to  pay  for  any  extra  work  done  on, 
or   extra   material  furnished  for,   such   building   or   structure. 

§  39.  No  county  officer  shall,  except  for  his  own  service,  present  any 
claim,  account,  or  demand  for  allowance  against  the  county,  or  in  any 
way  except  in  the  discharge  of  his  oflicial  duty  advocate  the  relief  asked 
in  the  claim  or  demand  made  by  any  other.  Any  person  may  appear  be- 
fore the  board  and  oppose  the  allowance  of  any  claim  or  demand  made 
against  the  county. 

§  40.  The  board  of  supervisors  must  not  hear  or  consider  any  claim 
in  favor  of  any  public  officer,  person,  corporation,  company,  or  associa- 
tion against  the  county,  nor  shall  the  board  credit  or  allow  any  claim 
or  bill  against  the  county  or  district  fund,  unless  the  same  be  itemized, 
giving  names,  dates  and  particular  services  rendered,  character  of  process 
served,  upon  whom,  distance  traveled,  where  and  when,  character  of 
work  done,  number  of  days  engaged,  supplies  or  materials  furnished,  to 
whom,  and  quantity  and  price  paid  therefor,  duly  verified  to  be  correct, 
and  that  the  amount  claimed  is  justly  due,  and  is  presented  and  filed 
with  the  clerk  of  the  board  within  a  year  after  the  last  item  of  the  ac- 
count or  claim  accrued.  If,  in  case  of  any  claim  which  requires  itemizing, 
the  board  do  not  hear  or  consider  the  same  because  it  is  not  itemized, 
they  shall  cause  notice  to  be  given  to  the  claimant  or  his  attorney  of 
that  fact,  and  give  time  to  have  the  claim  itemized  and  reverified. 

§  41.  No  account  shall  be  passed  upon  by  the  board,  unless  made  out 
as  prescribed  in  this  and  the  preceding  section  and  filed  with  the  clerk 
three  days  prior  to  the  time  of  the  meeting  of  the  board  at  which  it  is 
atiked  to  be  allowed. 


Act  837,  §41  GF.NEllAIj   LAWg.  134 

Such  demand  shnll  be  iradc  out  in  form  substantially  as  folloTvs: 

Clerk's  memoranda,  No.  .     Fund. 

Demand  of  ,  dated  ,  in  sum  of  $ ,  for  — — .     Allowed  by 

the  board  of  supervisors ,  18 — ,  in  the  sum  of  $ , 

Attest:   ,  Clerk  of  Board. 

Demand  of 

No.  .     Fund  .     Demand  on  the  treasury  of  the  county  of 

,  state  of  California,  for  the  sum  of  dollars,  being  for  . 


Date. 

Items. 

Dollars.        [      Cents. 

$ 

Expenditures  authorized  and  approved  by  me. 

State  of  California,  )  ^^ 

County   of  ,         ( 

The  undersigned  being  duly  sworn,  says:  That  the  above  claim  and 
the  items  as  therein  set  out  are  true  and  correct;  that  no  part  thereof 
has  been  heretofore  paid,  and  that  the  amount  therein  is  justly  due  this 
claimant,  and  that  the  same  is  presented  within  one  year  after  the  last 
item  thereof  has  accrued. 

Subscribed  and  sworn  to  before  me  this  day  of  . 

,  County  Clerk. 

Allowed  by  Board  of  Supervisors,  ,  18 — ,  in  sum  of  $ ,  payable 

out  of  •  Fund. 

Attest:   ■,   Clerk  of  Board  of   Supervisors. 

Countersigned:  ,  Chairman  Board  of  Supervisors, 

Warrant  No.  . 

Allowed ,  IS — ,  for  the  sum  of  $ ,  payable  out  of  Fund. 

■ ,  County  Auditor. 

No.  .     Eegistered  ,  189—. 

,  County  Treasurer. 

Said  demand  shall  be  approved  before  filing  by  the  officer  who  di- 
rected such  expenditure.  If  said  demand  be  allowed  by  the  board,  the 
clerk  of  the  board  shall  detach  and  file  the  memorandum,  and  shall  in- 
dorse on  such  demand  "Allowed  by  the  board  of  supervisors,"  together 
with  the  date  of  such  allowance,  the  amount  of  such  allowance  and  from 
what  fund;  shall  attest  the  same  with  his  signature,  and,  when  counter- 
signed by  the  chairman,  shall  transmit  the  same  to  the  auditor,  who 
shall  in  case  he  allows  said  demand,  indorse  upon  it  "Allowed,"  together 
with  the  amovmt  for  which  it  is  allowed,  from  what  fund,  date  and  num- 
ber of  the  warrant,  and  shall,  in  attestation  thereof,  affix  liis  signature 
thereto  and  deliver  the  same  to  the  claimant;  and  said  demand,  when  so 


135  COUNTY  GOVERNMENT.  Act  837,  §§  42-40 

allowed  and  signed  by  the  auditor,  sliall  constitute  the  warrant  on  the 
treasury,  within  the  meaning  of  this  act. 

§  42.  When  the  board  find  that  any  claim  presented  is  not  payable  by 
the  county,  or  is  not  a  proper  county  charge,  it  must  be  rejected;  and 
said  rejection  shall  be  plainly  indorsed  on  said  claim;  if  they  find  it  to 
be  a  proper  county  charge,  but  greater  in  amount  than  is  justly  due,  the 
board  may  allow  the  claim  in  part,  and  draw  a  warrant  for  the  portion 
allowed,  on  the  claimant  filing  a  receipt  in  full  for  his  account.  If  the 
claimant  is  unwilling  to  receive  such  amount  in  full  payment,  the  claim 
may  again  be  considered  at  the  next  regular  session  of  the  board,  but 
not  afterward. 

§43.  If  the  board  refuse,  or  neglect  to  allow  or  reject  a  claim  or 
demand  for  ninety  days,  after  the  same  has  been  filed  with  the  clerk, 
such  refusal  or  neglect  may,  at  the  option  of  the  claimant,  be  deemed 
equivalent  to  final  action  and  rejection  on  the  ninetieth  day,  and  a  claim- 
ant dissatisfied  with  the  rejection  of  his  claim  or  demand,  or  with  the 
amount  allowed  him  on  his  account,  may  sue  the  county  therefor  at  any 
time  within  six  months  after  the  final  action  of  the  board,  but  not  after- 
ward, and  if,  in  such  action,  judgment  is  recovered  for  more  than  the 
board  allowed,  on  presentation  of  a  certified  copy  of  the  judgment,  the 
board  must  allow  and  pay  the  same,  together  with  the  costs  adjudged; 
but  if  no  more  is  recovered  than  the  board  allowed,  the  board  must  pay 
the  claimant  no  more  than  was  originally  allowed. 

§  44.  "Warrants  drawn  by  order  of  the  supervisors  on  the  county  treas- 
ury for  the  current  expenses  during  each  year,  must  specify  the  liability 
for  which  they  are  drawn,  and  when  they  accrued,  and  must  be  paid  in 
the  order  of  the  presentation  to  the  treasurer.  If  the  fund  is  insuffi- 
cient to  pay  any  warrant,  it  must  be  registered,  and  thereafter  paid  in 
order  of  registration. 

§  45.  No  member  of  the  board  must  be  interested,  directly  or  in- 
directly, in  any  property  purchased  for  the  use  of  the  county,  nor  in 
any  purchase  or  sale  of  property  belonging  to  the  county,  nor  in  any 
contract  made  by  the  board,  or  other  person,  on  behalf  of  the  county, 
for  the  erection  of  public  buildings,  the  opening  or  improvement  of 
roads,  or  the  building  of  bridges,  or  for  any  purpose,  or  act  as  a  member 
of  a  committee  or  board  of  reviewers. 

§  46.  Whenever  an  application  is  made  to  the  board  for  an  order, 
franchise  or  license  relating  to  any  toll  road,  bridge,  ferry,  wharf,  chute, 
pier  or  other  subject  over  which  the  board  has  jurisdiction,  in  which  a 
majority  of  the  board  are  interested,  the  application,  by  order  of  the 
board,  must  be  transferred  to  the  suj. prior  court  of  the  county.  The 
clerk  of  the  board  must  thereupon  certify  the  application,  and  all  orders 
and  papers  relating  thereto,  to  said  superior  court,  and  thereafter  the 
said  superior  court  shall  have  full  jurisdiction  to  hear  and  determine  the 
application. 


Act  837,  §§  47-53  GENERAL  LAWS,  136 

§47.  All  public  notices  of  proceedings  of  or  to  be  had  before  the 
board,  not  otherwise  specially  provided  for,  mnst  be  posted  at  the  court- 
house door,  and  two  other  public  places  in  the  county, 

§  48,  The  board  must  require  the  assessor  to  report  to  the  state  board 
of  equalization,  annually,  a  true  statement  of  the  agricultural  and  in- 
dustrial pursuits  and  products  of  the  county,  with  such  other  statistical 
information  as  they  may  direct. 

§  49,  All  claims  against  the  county,  presented  by  members  of  the 
board  of  supervisors  for  per  diem  and  mileage,  or  other  service  rendered 
by  them,  must  be  itemized  and  verified  as  other  claims,  and  must  state 
that  the  service  has  been  actually  rendered,  and  before  allowance  such 
claims  must  be  presented  to  the  district  attorney,  who  must  indorse 
thereon,  in  writing,  his  opinion  as  to  the  legality  thereof.  If  the  dis- 
trict attorney  declare  the  claim,  or  any  part  thereof,  illegal,  he  must 
state  specifically  wherein  it  is  illegal,  and  the  claim,  or  such  part,  must 
then  be  rejected  by  said  board. 

§  50.  The  board  must  have  prepared  by  the  clerk,  and  when  he  is  not 
also  auditor,  then  by  that  officer,  and  under  their  direction,  prior  to  their 
annual  meeting  for  levying  taxes,  a  statement  showing: 

1.  The  indebtedness  of  the  county,  funded  and  floating,  stating  the 
amount  of  each  class,  and  the  rate  of  interest  borne  by  such  indebted- 
ness, or  any  part  thereof. 

2.  A  concise  description  of  all  property  owned  by  the  county,  with 
an  approximate  estimate  of  the  value  thereof,  and  the  amount  of  cash 
in   the  county  treasury  and  its  several  funds. 

§51.  The  board  must  receive  from  the  United  States,  or  other  sources, 
lands  and  other  property  granted  or  donated  to  the  county  for  the  pur- 
pose of  aiding  in  the  erection  of  county  buildings,  roads,  bridges  or  other 
specific  purposes,  and  may  use  the  same  therefor,  and  may  provide  for 
the  sale  of  the  same,  and  the  application  of  the  proceeds  thereof. 

§52.  The  board  may  provide  for  widening,  deepening,  straightening, 
removing  obstructions  from  and  otherwise  improving  all  streams  and 
washes  within  the  county  and  also  protecting  the  banks  and  adjacent 
lands  from  overflow  of  such  streams  or  washes,  when  the  same  are  not 
declared  by  law  to  be,  and  in  fact  are  not,  navigable  for  commercial 
purposes,  the  overflow  of  which  interferes  with  highways;  and  provide 
regulations  for  the  use,  repair,  and  control  thereof;  but  no  regulations 
of  the  board,  nor  improvements  directed,  must  in  any  manner  interfere 
with  the  private  rights  or  privileges  of  riparian  owners,  miners  or 
others.  Whenever,  in  the  opinion  of  the  board  of  supervisors,  the  gen- 
eral fund  is  insufficient  to  defray  the  cost  of  the  improvements  provided 
for  under  this  section,  they  may  levy  a  tax  or  contract  a  bonded  in- 
debtedness therefor  in  the  manner  provided  by  this  act. 

§  53.  Any  supervisor  who  refuses  or  neglects  to  perform  any  duty 
imposed  on  him,  without  just  cause   therefor,  or  who  willfully  violates 


137  COUNTY   GOVERNMENT.  Act  837,  §§  54-55  V4 

any  law  provided  for  his  government  as  such  officer,  or  fraiidulontly  or 
corruptly  performs  any  duty  imposed  on  him,  or  willfully,  fraudulently 
or  corruptly  attempts  to  perform  an  act  as  supervisor,  unauthorized  by 
law,  in  addition  to  the  penalty  provided  in  the  Penal  Code,  forfeits  to 
the  county  five  hundred  dollars  for  every  such  act,  to  be  recovered  on  his 
official  bond,  and  is  further  liable  on  his  official  bond,  to  any  person 
injured  thereby,  for  all  damages  sustained. 

§  54.  No  person  is  eligible  to  a  county,  district,  or  township  office, 
who,  at  the  time  of  his  election,  is  not  of  the  age  of  twenty-one  years, 
a  citizen  of  the  state,  and  an  elector  of  the  county,  district,  or  township 
in  which  the  duties  of  the  office  are  to  be  exercised;  provided,  that  any 
woman  who  is  of  the  age  of  twenty-one  years,  a  citizen  of  the  state, 
and  a  resident  of  the  county  or  district,  shall  be  eligible  to  the  office  of 
superintendent  of  public  schools,  school  trustee,  or  member  of  the  county 
board  of  education;  and  provided  further,  that  no  person  shall  hereafter 
be  eligible  to  the  office  of  district  attorney  who  has  not  been  admitted 
to  practice  in  the  supreme  court  of  the  state  of  California;  and  provided 
further,  that  the  county  livestock  inspector  shall,  at  the  time  of  his 
appointment,  be  a  duly  qualified  veterinary  surgeon  having  on  file  in  the 
office  of  the  county  clerk  a  certificate  issued  to  him  by  the  state  veteri- 
nary medical  board.  [Amendment  approved  March  21,  1905.  Stats.  1905, 
p.  721.     In  effect  in  sixty  days.] 

§  55.  The  officers  of  a  county  are  a  sheriff,  a  county  clerk,  an  auditor, 
a  recorder,  a  license  collector,  a  tax-collector,  who  shall  be  ex  officio  li- 
cense collector,  a  district  attorney,  an  assessor,  a  treasurer,  a  superin- 
tendent of  schools,  a  public  administrator,  a  coroner,  a  surveyor,  the 
members  of  the  board  of  supervisors,  a  livestock  inspector,  and  such 
other  officers  as  may  be  provided  by  law.  In  counties  where  the  board 
of  supervisors  by  proper  ordinance  so  elect,  except  as  otherwise  provided 
in  this  act,  the  duties  of  certain  of  the  above-mentioned  officers  are 
hereby  consolidated,  as  follows:  Sheriff  and  tax-collector;  auditor  and 
recorder;  county  clerk,  auditor  and  recorder;  county  clerk  and  recorder; 
county  clerk  and  auditor;  treasurer  and  tax-collector;  assessor  and  tax- 
collector;  public  administrator  and  coroner.  In  counties  where  the  du- 
ties of  said  officers  have  been,  or  may  hereafter  be,  consolidated  in  either 
manner  above  designated,  the  board  of  supervisors  thereof,  by  proper 
ordinance,  may  elect  to  separate  the  duties  so  consolidated,  and  recon- 
solidate  them  in  any  other  manner  above  provided,  or  may  separate  said 
duties  without  teconsolidation,  and  provide  that  the  duties  of  each  office 
shall  be  performed  by  a  separate  person,  whenever,  in  their  discretion, 
the  public  interest  will  be  best  subserved  thereby.  When  offices  are 
united  and  consolidated,  the  person  elected  to  fill  the  offices  so  united 
and  consolidated  must  take  the  oath  and  give  the  bond  required  for 
each,  discharge  all  the  duties  pertaining  to  each,  and  receive  the  com- 
pensation of  the  offices  consolidated.  [Amendment  approved  March  21, 
1905.     Stats.  1905,  p.  722.     In  effect  in  sixty  days.] 

§551/2.  The  livestock  inspector  shall  be  appointed  by  the  board  of 
supervisors  whenever  in  the  discretion  of  the  board  of  supervisors  the 


Act  837,  §§  56-59  GENERAL  LAWS.  138 

interest  of  the  public  welfare  demand  the  services  of  such  an  officer, 
and  such  officer  shall  hold  his  office  at  the  pleasure  of  the  appointing 
power.  He  shall  receive  a  salary  in  the  sum  of  one  hundred  and  twenty- 
five  dollars  per  month,  which  salary  shall  be  paid  at  the  same  time  and 
in  the  same  manner,  and  out  of  the  same  funds  that  other  county  officers 
are  paid.  [New  section  approved  March  21,  1905.  Stats.  1905,  p.  722. 
In  effect  in  sixty  days.] 

§56.  The  officers  of  a  township  are,  two  justices  of  the  peace,  two 
constables,  and  sucli  subordinate  officers  as  are  provided  by  law.  In 
townships  containing  cities  in  which  city  justices  and  recorders  are 
elected,  and  in  townships  having  a  population  of  less  than  five  thousand, 
there  shall  be  but  one  justice  of  the  peace;  and  provided,  that  in  town- 
ships containing  a  population  of  more  than  one  hundred  thousand  and 
less  than  three  hundred  thousand  there  shall  be  four  justices  of  the 
peace.  The  board  of  supervisors  of  each  county,  as  public  convenience 
may  require,  shall  divide  their  respective  counties  into  townships  for 
the  purpose  of  electing  justices  of  the  peace  and  constables;  provided, 
however,  that  in  the  establishment  of  townships,  no  incorporated  city 
shall  be  divided  so  as  to  lie  partly  within  one  township  and  partly  within 
another.  Upon  the  approval  of  this  act  the  board  of  supervisors 
must  appoint  competent  persons  to  fill  the  additional  offices  of  justices 
of  the  peace  by  this  act  created.  [Amendment  approved  Feb.  19,  1907. 
Stats.  1907,  p.  9.     In  efPect  immediately.] 

§  57.  Whenever  notice  is  required  by  law  to  be  published  in  a  news- 
paper by  any  county  or  township  officer,  the  person  for  whom  the  notice 
is  to  be  given  shall  pay  to  such  officer,  if  required,  the  fees  for  such 
publication,  in  advance.  And  failure  to  publish  any  notice  required  by 
law  pertaining  to  the  duties  of  his  office,  shall  be  a  misdemeanor. 

§  58.  All  elective  county  and  township  officers,  and  city  justices  of 
the  peace,  except  otherwise  provided  for  in  this  act,  shall  be  elected  at 
the  general  election  at  which  the  governor  is  elected,  and  shall  take  of- 
fice at  twelve  o'clock  meridian  on  the  first  Monday  after  the  first  day 
of  January  next  succeeding  their  election.  All  officers  elected  under 
the  provisions  of  this  act  shall  hold  office  until  their  successors  are 
elected  or  appointed  and  qualified.  Supervisors  shall  be  elected  at  the 
general  election  prior  to  expiration  of  the  term  of  the  incumbent.  The 
supervisors  of  any  county  created  after  the  first  day  of  January,  eigh- 
teen hundred  and  ninety-three,  shall,  within  six  months  after  the  first 
general  election  succeeding  the  creation  of  such  county,  classify  them- 
selves by  lot  into  two  classes,  as  nearly  equal  in  number  as  possible,  and 
the  term  of  office  of  the  class  having  the  greater  number  shall  expire  in 
two  years  from  such  general  election,  and  the  term  of  office  of  the  class 
having  the  lesser  number  shall  terminate  in  four  years  from  such  general 
election. 

§59.  Every  county,  township,  or  district  officer,  except  a  supervisor 
or  judicial  officer,  may  appoint  as  many  deputies  as  may  be  necessary 


139  COUNTY  GOVERNMENT.  Act  837,  §§  60-66 

for  the  prompt  and  faithful  discharge  of  the  duties  of  his  office.  Such 
appointment  must  be  made  in  writing,  and  filed  in  the  office  of  the 
county  clerk;  and  until  such  appointment  is  so  made  and  filed,  and  un- 
til such  deputy  shall  have  taken  the  oath  of  office,  no  one  shall  be  or 
act  as  such  deputy. 

§60.  Whenever  the  official  name  of  any  principal  officer  is  used  in 
any  law  conferring  power,  or  imposing  duties  or  liabilities,  it  includes 
deputies. 

§  61.  All  county  officers  must  have  their  offices  at  the  county  seat, 
and  the  sheriff,  clerk,  recorder,  auditor,  treasurer  and  district  attorney 
must  keep  their  offices  open  for  the  transaction  of  business  from  nine 
o'clock  A.  M.  until  five  o'clock  P.  M.,  nonjudicial  days  excepted. 

§  62.  Whenever,  except  in  criminal  prosecutions,  any  special  penalty, 
forfeiture,  or  liability  is  imposed  on  any  officer  for  nonperformance  or 
malperformance  of  official  duties,  the  liability  therefor  attaches  to  the 
official  bond  of  such  officer,  and  to  the  principal  and  sureties  thereon. 

§  63.  Every  officer  mentioned  in  section  fifty -five,  and  his  deputies, 
and  every  justice  of  the  peace,  may  administer  and  certify  oaths. 

§  64.  A  county  or  township  officer  shall  in  no  case  absent  himself 
from  the  state  for  a  period  of  more  than  sixty  days  in  any  one  year, 
and  for  no  period  without  the  consent  of  the  board  of  supervisors  of 
the  county,  except  when  on  business  for  the  state;  provided,  that  in  case 
of  illness  or  urgent  necessity,  the  board  of  supervisors  may,  on  a  proper 
showing  of  such  illness  or  urgent  necessity,  extend  the  time  herein  lim- 
ited, for  the  absence  of  any  such  officer,  not  to  exceed  six  months. 

§  65.  Sheriffs,  clerks  and  constables,  and  their  deputies,  are  prohibited 
from  practicing  law,  or  acting  as  attorneys  or  counselors  at  law,  in  the 
counties  where  they  reside  and  hold  office,  or  from  having  as  a  partner 
a  lawyer,  or  anyone  who  acts  as  such,  and  no  county  officer,  or  his  deputy, 
except  district  attorneys  and  treasurers,  shall  be  eligible  to  the  office  of 
notary  public,  or  perform  the  duties  of  the  same. 

§66.  The  board  of  supervisors  of  each  county  shall,  on  or  before  the 
first  Monday  in  September,  preceding  the  election  of  the  following  of- 
ficers, prescribe  the  amount  in  which  said  officers  must  execute  official 
bonds:  Treasurer,  county  clerk,  auditor,  sheriff,  tax-collector,  district  at- 
torney, recorder,  assessor,  surveyor,  superintendent  of  schools,  public 
administrator,  coroner,  justice  of  the  peace  and  constable.  The  judge 
or  judges  of  the  superior  court  shall,  on  or  before  the  said  first  Monda}' 
of  September,  prescribe  the  amount  in  which  each  member  of  the  board 
of  supervisors  must  execute  an  official  bond  before  entering  upon  the 
discharge  of  the  duties  of  his  office.  The  bonds  and  sureties  of  such 
officers  must,  before  the  bonds  can  be  recorded  and  filed,  be  approved 
by  the  judge,  or  judges,  if  there  be  more  than  one,  of  the  superior  court, 


Act  837,  §1  66a,  67  GENERAL  LAWS.  1« 

All  persons  offered  as  sureties  on  official  bonds  may  be  examined  on  oath 
touching  their  qualifications,  and  no  person  can  be  admitted  as  surety 
on  any  such  bond  unless  he  is  a  resident  and  freeholder  or  householder 
within  the  state,  and  is  worth  in  real  or  personal  property,  or  both, 
situate  in  this  state,  the  amount  of  his  undertaking,  over  and  above  all 
sums  for  which  he  is  already  liable,  exclusive  of  property  exempt  from 
execution  and  forced  sale.  All  official  bonds  shall  be  recorded  in  the 
office  of  the  county  recorder,  and  then  filed  and  kept  in  the  office  of  the 
county  clerk.  The  official  bond  of  the  county  clerk  shall,  after  being 
recorded,  be  filed  and  kept  in  the  office  of  the  county  treasurer.  The 
tax-collector  shall  also  before  qualifying  give  a  bond  as  license  collector 
in  such  sum  as  may  be  fixed  by  the  board  of  supervisors,  to  be  approved 
as  herein  provided. 

§  66a.  It  shall  be  the  duty  of  the  board  of  supervisors  of  each  county, 
on  or  before  the  first  day  of  November  of  each  3'ear,  to  supply  the  sec- 
retary of  the  State  Agricultural  Society  upon  blanks  to  be  furnished  by 
him  for  that  purpose,  statistics  showing  the  products  grown,  produced 
or  manufactured  in  said  county,  for  the  year  preceding,  and  the  expense 
thereof  shall  be  a  county  charge,  to  be  paid  as  other  county  charges 
against  the  county.  [New  section  approved  March  20,  1905.  Stats. 
1905,  p.  476.     In  effect  immediately.] 

COUNTY  TEEASURER. 

§67.     The  county  treasurer  must: 

1.  Receive  all  moneys  belonging  to  the  county,  and  all  other  moneys 
by  law  directed  to  be  paid  to  him,  safely  keep  the  same,  and  apply  and 
pay  them  out,  rendering  the  account  thereof  as  required  by  law. 

2.  File  and  keep  the  certificates  of  the  auditor  delivered  to  him  -^nen 
moneys  are  paid  into  the  treasury. 

3.  Keep  an  account  of  the  receipt  and  expenditure  of  all  such  moneys, 
in  books  provided  for  the  purpose,  in  which  must  be  entered  the  amount, 
the  time  when,  from  whom,  and  on  what  account  all  moneys  were  re- 
ceived by  him;  the  amount,  time  when,  to  whom,  and  on  what  account 
all  disbursements  were  made  by  him. 

4.  So  keep  his  books  that  the  amount  received  and  paid  out  on  ac- 
count of  separate  funds  or  specific  appropriations  are  exhibited  in  sepa- 
rate and  distinct  accounts,  and  the  whole  receipts  and  expenditures 
shown  in  one  general  or  cash  account. 

5.  Enter  no  moneys  received  for  the  current  year  on  his  account  with 
the  county  for  the  past  fiscal  year,  until  after  his  annual  settlement  for 
the  past  year  has  been  made  with  the  county  auditor. 

6.  Disburse  the  county  moneys  only  on  county  warrants,  issued  by  the 
county  auditor,  except  on  settlement  with  the  state. 

7.  Disburse  the  moneys  in  the  treasury  on  such  warrants  only  when 
they  are  based  on  orders  of  the  board  of  supervisors,  or  upon  order  of 
the  superior  court,  or  as  otherwise  provided  by  law. 


141  COUNTY  GOVERNMENT.  Act  837,  §§  68-75 

§  68.  He  must  receive  no  money  into  tbe  treasury  unless  accompanied 
by  the  certificate  of  the  auditor,  provided  for  in  section  one  hundred 
and  eleven. 

§69.  When  any  money  is  paid  to  the  county  treasurer  he  must  give 
to  the  person  paying  the  same  a  receipt  therefor,  which  must  forthwith 
be  deposited  with  the  county  auditor,  who  must  charge  the  treasurer 
therewith,  and  give  the  person  paying  the  same  a  receipt. 

§70.  When  a  warrant  is  presented  for  payment,  if  there  is  money  in 
the  treasury  for  that  purpose,  he  must  pay  the  same  and  write  on  the 
face  thereof  "Paid,"  the  date  of  payment,  and  sign  his  name  thereto. 

§71.  When  any  warrant  is  presented  to  the  treasurer  for  payment, 
and  the  same  is  not  paid  for  want  of  funds,  the  treasurer  must  indorse 
thereon  "Not  paid  for  want  of  funds,"  with  the  date  of  presentation, 
and  sign  his  name  thereto,  and  from  that  time  until  paid  the  warrant 
bears  five  per  cent  interest  per  annum. 

§  72.  When  there  are  sufficient  moneys  in  the  treasury  to  pay  the 
warrants  drawing  interest,  the  treasurer  must  give  notice  in  some  news- 
paper published  in  the  county,  or  if  none  is  published  therein,  then  by 
written  notice  posted  upon  the  courthouse  door,  stating  therein  that  he 
ia  ready  to  pay  such  warrants.  From  the  first  publication  or  posting  of 
such  notice,  such  warrants  cease  to  draw  interest. 

§73.  In  advertising  warrants  under  the  provisions  of  the  preceding 
section  in  any  newspaper,  the  treasurer  must  not  publish  the  warrants 
in  detail,  but  give  notice  only  that  county  warrants  presented  for  pay- 
ment prior  to  such  a  date,  stated  in  the  notice,  are  payable.  When  a 
part  only  of  the  warrants  presented  for  payment  on  the  same  day  are 
payable,  the  treasurer  must  designate  such  payable  warrants  in  the  ad- 
vertisement. 

§74.  Warrants  drawn  on  the  treasury,  and  properly  attested,  are  en- 
titled to  preference  as  to  payment  out  of  moneys  in  the  treasury  properly 
applicable  to  such  warrants,  according  to  the  order  in  which  they  were 
presented.  The  time  of  presenting  such  warrants  must  be  noted  by  the 
treasurer,  and  upon  receipt  of  moneys  into  the  treasury  not  appropriated, 
he  must  set  apart  the  same,  or  so  much  thereof  as  is  necessary  for  the 
payment  of  such  warrants. 

§75.  Should  such  warrants  not  be  again  presented  for  payment  within 
sixty  days  from  the  time  the  notice  hereinbefore  provided  for  is  given, 
the  fund  set  aside  for  the  payment  of  the  same  must  be  by  the  treas- 
urer applied  to-  the  payment  of  unpaid  warrants  next  in  order  of  regis- 
try. The  board  of  supervisors  may,  on  application  and  presentation  of 
warrants  properly  indorsed,  which  have  been  advertised,  pass  an  order 
directing  the  treasurer  to  pay  them  out  of  any  money  ia  tbe  treasury 
not  otherwise  appropriated. 


Act  837,  §§  76-82  GENERAL  LAWS.  142 

§  76.  When  the  treasurer  pays  any  warrant  upon  which  any  interest 
is  due,  he  must  note  on  the  warrant  the  amount  of  interest  paid  thereon 
and  enter  on  his  account  the  amount  of  such  interest  distinct  from  the 
principal. 

§  77.  The  treasurer  must  settle  his  accounts  relating  to  the  collection, 
care  and  disbursement  of  public  revenue,  of  whatsoever  nature  and  kind, 
with  the  auditor,  on  the  first  Monday  of  each  month.  For  the  purpose 
of  making  such  settlement,  he  must  make  a  statement,  under  oath,  of 
the  amount  of  money  or  other  property  received  prior  to  the  period  of 
such  settlement,  the  sources  whence  the  same  was  derived,  the  amount 
of  paj^ments  or  disbursements,  and  to  whom,  with  the  amount  remaining 
on  hand.  He  must,  in  such  settlements,  deposit  all  warrants  redeemed 
by  him,  and  take  the  auditor's  receipt  therefor.  He  must  also  make  a 
full  settlement  of  all  accounts  with  the  auditor,  aniuially  on  the  first 
Monday  of  January,  in  the  presence  of  the  supervisors. 

§78.  Each  county  treasurer  must  make  a  detailed  report,  at  every 
regular  meeting  of  the  board  of  supervisors  of  his  county,  of  all  moneys 
received  by  him,  and  the  disbursement  thereof,  and  of  all  debts  to  and 
from  the  county,  and  of  all  other  proceedings  in  his  office,  so  that  the 
receipts  into  the  treasury  and  the  amounts  of  disbursements,  together 
with  the  debts  due  to  and  from  the  county,  may  distinctly  appear. 

§79.  If  any  county  treasurer  neglect  or  refuse  to  settle  or  report, 
as  required  in  'sections  seventy-seven  and  seventy-eight,  he  forfeits  and 
must  pay  to  the  county  the  sum  of  five  hundred  dollars  for  every  such 
neglect  or  refusal,  and  the  board  of  supervisors  must  institute  suits  for 
the  recovery  thereof. 

§80.  If  the  district  attorney  refuse  or  neglect  to  account  for  and 
pay  over  money  received  by  him,  as  required  by  the  fifth  subdivision 
of  section  one  hundred  and  thirty-two,  he  shall  be  liable  for  such  re- 
fusal or  neglect  upon  his  official  bond,  and  the  county  treasurer  must 
bring  an  action  against  him  for  the  recovery  thereof,  in  the  name  of 
the  county,  and  may  recover  in  such  action,  in  addition  to  the  amount 
so  received,  fifty  per  cent  thereon  by  way  of  damages.  And  no  order 
of  the  board  of  supervisors  shall  be  necessary  to  bring  such  action. 
His  reasonable  expenses,  including  attorney's  fees,  shall  be  a  county 
charge. 

§  81.  The  treasurer,  upon  receiving  from  the  coroner,  or  justice  of  the 
peace  acting  as  coroner,  money  found  on  a  dead  body,  must  place  it  to 
the  credit  of  the  county;  on  receiving  other  property  in  like  manner, 
he  must,  within  thirty  days,  sell  it  at  public  auction,  upon  reasonable 
public  notice,  and  must,  in  like  manner,  place  the  proceeds  to  the  credit 
of  the  county.     All  said  moneys  must  be  kept  in  a  separate  fund. 

§82.  If  the  money  in  the  treasury  is  demanded  within  six  years,  by 
the  legal  representatives  of  the  decedent,  the  treasurer  must  pay  it  to 


143  COUNTY  GOVERNMENT.  Act  837,  §§  83-89 

them,  after  deducting  the  fees  and  expenses  of  the  coroner,  and  of  the 
county,  in  relation  to  the  matter,  or  the  same  may  be  so  paid  at  any 
time  thereafter,  upon  the  order  of  the  board  of  supervisors. 

§  83.  The  county  treasurer  must  keep  all  moneys  belonging  to  this 
state,  or  to  any  county  of  this  state,  in  his  own  possession,  until  dis- 
bursed according  to  law.  He  must  not  place  the  same  in  the  possession 
of  any  person,  to  be  used  for  any  purpose;  nor  must  he  loan,  or  in  any 
manner  use,  or  permit  any  person  to  use  the  same,  except  as  provided 
by  law;  but  nothing  in  this  section  prohibits  him  from  making  special 
deposits  for  the  safekeeping  of  the  public  moneys;  but  he  shall  be  liable 
therefor  on  his  official  bond. 

§  84.  Whenever  an  action,  based  upon  official  misconduct,  is  com- 
menced against  any  county  treasurer,  the  supervisors  may,  in  their  dis- 
cretion, suspend  him  from  office  until  such  suit  is  determined,  and  may 
appoint  some  person  to  fill  the  vacancy,  who  shall  qualify  and  give  such 
bond  as  may  be  required  by  the  board  of  supervisors. 

§  85.  In  case  of  the  death  of  any  county  treasurer,  his  legal  repre- 
sentatives must  deliver  up  to  the  person  appointed  to  fill  the  vacancy 
occasioned  by  such  death,  all  official  moneys,  books,  accounts,  papers 
and  documents  which  are  or  may  come  into  their  possession. 

§86.  The  books,  accounts  and  vouchers  of  tlie  tre.nsurer  are  at  all 
times  subject  to  the  inspection  and  examination  of  the  board  of  super- 
visors and  grand  jury. 

§  87.  The  treasurer  must  permit  the  chairman  of  the  board  of  super- 
visors, district  attorney  and  auditor  to  examine  his  books  and  count 
the  money  in  the  treasury,  whenever  they  may  wish  to  make  an  exam- 
ination or  counting. 

SHERIFF. 

§88.  "Process,"  as  used  in  this  act,  includes  all  writs,  warrants,  sum- 
mons and  orders  of  courts  of  justice,  or  judicial  officers.  "Notice"  in- 
cludes all  papers  and  orders  (except  process)  required  to  be  served  in 
any  proceeding  before  any  court,  board  or  officer,  or  when  required  by 
law  to  be  served  independently  of  such  proceeding. 

§89.     The  sheriff  must: 

1.  Preserve  the  peace. 

2.  Arrest  and  take  before  the  nearest  magistrate  for  examination 
all  persons  who  attempt  to  commit,  or  who  have  committed,-  a  public 
offense. 

3.  Prevent  and  suppress  any  affrays,  breaches  of  the  peace,  riots  and 
insurrections  which  may  come  to  his  knowledge. 

4.  Attend  all  superior  courts  held  within  his  county,  and  obey  all  law- 
ful orders  and  directions  of  all  courts  held  within  his  county. 


Act  837,  §§  90-95  GENERAL  LAWS.  144 

5.  Command  the  aid  of  as  many  male  inhabitants  of  his  county  as  he 
may  think  necessary  in  the  execution  of  these  duties. 

6.  Take  charge  of  and  keep  the  county  jail,  and  the  prisoners  therein. 

7.  Eelease  on  the  record  all  attachments  of  real  property,  when  the 
attachment  placed  in  his  hand  has  been  released  or  discharged. 

8.  Indorse  upon  all  process  and  notices  the  year,  month,  day,  hour  and 
minute  of  reception,  and  issue  therefor  to  the  person  delivering  it,  on 
payment  of  fees,  a  certificate  showing  the  names  of  the  parties,  title 
of  paper  and  time  when  received. 

9.  Serve  all  process  and  notices  in  the  manner  prescribed  by  law. 

10.  Certify,  under  his  hand,  upon  process  or  notices,  the  manner  and 
time  of  service,  or  if  he  fails  to  make  service,  the  reason  of  his  failure, 
and  return  the  same  without  delay. 

§90.  "When  process  or  notices  are  returnable  to  another  county,  he 
may  inclose  such  process  or  notice  in  an  envelope,  addressed  to  the  offi- 
cer from  whom  the  same  emanated,  and  deposit  it  in  the  postoffice,  pre- 
paying postage. 

§91.  The  return  of  the  sheriff  upon  process  or  notices  is  prima  facie 
evidence  of  the  facts  in  such  return  stated. 

§  92.  If  a  sheriff  does  not  return  a  process  of  notice  in  his  possession, 
with  the  necessary  indorsement  thereon,  without  delay,  he  is  liable  to 
the  party  aggrieved  for  the  sum  of  two  hundred  dollars,  and  for  all 
damages  sustained  by  him, 

§93.  If  the  sheriff  to  whom  a  writ  of  execution  is  delivered  neglects 
or  refuses,  after  being  required  by  the  creditor  or  his  attorney,  the  fees 
having  first  been  paid  or  tendered,  to  levy  upon  or  sell  any  property 
of  the  party  charged  in  the  writ,  which  is  liable  to  be  levied  upon  and 
sold,  he  is  liable  to  the  creditor  for  the  value  of  such  property. 

§  94.  If  he  neglects  or  Tefuses  to  pay  over,  on  demand,  to  the  per- 
son entitled  thereto,  any  money  which  may  come  into  his  hands  by  vir- 
tue of  his  office  (after  deducting  all  legal  fees),  the  amount  thereof, 
with  twenty-five  per  cent  damages,  and  interest  at  the  rate  of  ten  per 
cent  per  month,  from  the  time  of  demand,  may  be  recovered  by  such 
person. 

§95.  A  sheriff  who  suffers  the  escape  of  a  person  arrested  in  a  civil 
action,  without  the  consent  or  connivance  of  the  party  in  whose  behalf 
the  arrest  or  imprisonment  is  made  is  liable  as  follows: 

1.  When  the  arrest  is  upon  an  order  to  hold  to  bail,  or  upon  a  surren- 
der in  exoneration  of  bail  before  judgment,  he  is  liable  to  the  plaintiff 
aa  bail. 

2.  When  the  arrest  is  on  an  execution  or  commitment  to  enforce  the 
payment  of  money,  he  is  liable  for  the  amount  expressed  in  the  execu- 
tion or  commitment. 


145  COUNTY  GOVERNMENT.  Act  837,  §§  96-103 

3.  When  the  arrest  is  on  an  execution  or  commitment  other  than  to 
enforce  the  payment  of  money,  he  is  liable  for  the  actual  damages  sus- 
tained, 

4.  Upon  being  sued  for  damages  for  an  escape  or  rescue,  he  may  in- 
troduce evidence  in  mitigation  and  exculpation. 

§  96.  He  is  liable  for  the  rescue  of  a  person  arrested  in  a  civil  action, 
equally  as  for  an  escape, 

§97.  An  action  cannot  be  maintained  against  the  sheriff  for  a  rescue, 
or  for  an  escape  of  a  person  arrested  upon  an  execution  or  commitment, 
it,  hfter  his  rescue  or  escape,  and  before  the  commencement  of  the  ac- 
tion, the  prisoner  returns  to  the  jail,  or  is  retaken  by  the  sheriff, 

§  98,  No  direction  or  authority  by  a  party  or  hig  attorney  to  a 
sheriff,  in  respect  to  the  execution  of  process  or  return  thereof,  or  to 
any  act  or  omission  relating  thereto,  is  available  to  discharge  or  excuse 
the  sh'enff  from  a  liability  for  neglect  or  misconduct,  unless  it  is  con- 
tained m  a  writing,  signed  by  the  attorney  of  the  party,  or  by  the  party, 
if  he  has  no  attorney. 

§  99.  When  the  sheriff  is  committed,  under  an  execution  or  commit- 
ment, for  not  paying  over  money  received  by  him  by  virtue  of  his  office, 
and  remains  committed  for  sixty  days,  his  office  is  vacant. 

§  100.  A  sheriff  or  other  ministerial  officer  is  justified  in  the  execu- 
tion of,  and  must  execute,  all  process  and  orders  regular  on  their  face, 
and  issued  by  competent  authority,  whatever  may  be  the  defect  in  the 
proceedings  upon  which  they  were  issued. 

§101,  The  officer  executing  process  must  then,  and  at  all  times  sub- 
seqaent,  so  long  as  he  retains  it,  upon  request,  show  the  same,  with  all 
papere  attached,  to  any  person  interested  therein, 

15 102.  The  sheriff  in  attendance  upon  court  must  act  as  the  crier 
thereof,  cail  the  parties  and  witnesses,  and  all  other  persons  bound  to 
appear  at  the  court,  and  make  proclamation  of  the  opening  and  adjourn- 
Kient  i,f.  'the  court,  and  of  any  other  matter  under  its  direction. 

§  103.  Service  of  a  paper,  other  than  process,  upon  the  sheriff  may 
be  made  by  delivering  it  to  him  or  to  one  of  his  deputies,  or  to  a  person 
in  charge  of  the  office  during  office  hours;  or,  if  no  such  person  be  there, 
by  leaving  it  in  a  conspicuous  place  in  the  office.  When  any  process 
remains  with  the  sheriff  unexecuted,  in  whole  or  in  part,  at  the  time 
of  his  death,  resignation  of  office,  or  at  the  expiration  of  his  term  of 
office,  said  process  shall  be  executed  by  his  successor  or  successors  in 
office;  and  when  the  sheriff  sells  real  estate,  under  and  by  virtue  of  an 
execution  or  order  of  court,  he  or  his  successors  in  office  shall  execute 
and  deliver  to  the  purchaser  or  purchasers  all  such  deeds  and  convey- 
ances as  are  required  by  law  and  necessary  for  the  purpose,  and  such 
Geh.  Laws — 10 


Act  837,  §§  10-1-107  GENERAL,  LAW8.  146 

deeds  and  conveyances  shall  be  as  valid  in  law  as  if  tliey  had  been  exe- 
cuted by  the  sheriff  who  made  the  sale. 

§  104.  When  the  sheriff  is  a  party  to  an  action  or  proceeding,  the 
process  and  orders  therein,  which  it  would  otherwise  be  the  duty  of  the 
sheriff  to  execute,  must  be  executed  by  the  coi-oner  of  the  county;  pro- 
vided, when  any  action  is  begun  against  the  sheriff,  all  process  and  or- 
ders may  be  served  by  any  person,  a  citizen  of  the  United  States  over 
the  age  of  eighteen  years,  in  the  manner  provided  in  the  Code  of  Civil 
Procedure. 

§  105.  Process  or  orders  in  an  action  or  proceeding  may  be  executed 
by  a  person  residing  in  the  county,  designated  by  the  court,  or  the  judge 
thereof,  and  denominated  an  elisor,  in  the  following  cases: 

1.  When  the  sheriff  and  coroner  are  both  parties; 

2.  When  either  of  these  officers  is  a  party,  and  the  process  is  against 
the  other;    and 

3.  When  either  of  these  officers  is  a  party,  and  there  is  a  vacancy  in 
the  office  of  the  other,  or  where  it  appears,  by  affidavit,  to  the  satisfac- 
tion of  the  court,  in  which  the  proceeding  is  pending,  or  the  judge 
thereof,  that  both  of  these  officers  are  disqualified,  or  by  reason  of  any 
bias,  prejudice  or  other  cause,  would  not  act  promptly  or  impartially. 

When  process  is  delivered  to  an  elisor,  he  must  execute  and  return 
it  in  the  same  manner  as  the  sheriff  is  required  to  execute  similar 
process.  Whenever  process  is  executed,  or  any  act  performed  by  a  coroner 
or  elisor,  in  the  cases  provided  by  law  in  that  behalf,  such  coroner  or 
elisor  shall  be  entitled  to  receive  a  reasonable  compensation,  to  be  fixed 
by  the  court,  to  be  paid  by  the  plaintiff  in  case  of  the  summoning  of 
jurors  to  complete  the  panel,  and  by  the  person  or  party  requiring  the 
service  in  all  other  cases  in  private  action.  If  rendered  at  the  instance 
of  the  people,  it  shall  be  audited  and  paid  as  a  county  charge. 

§  106.  The  sheriff  must  perform  such  other  duties  as  are  required  by 
law. 

COUNTY  CLERK. 

§  107.     The  county  clerk  must: 

1.  Take  charge  of  and  safely  keep,  or  dispose  of,  according  to  law,  all 
books,  papers  and  records  which  may  be  filed  or  deposited  in  his  office. 

2.  Act  as  clerk  of  the  board  of  supervisors  and  as  clerk  of  the  superior 
court,  and  attend  each  session  thereof,  and  upon  the  judge  at  chambers, 
when  required. 

3.  Issue  all  process  and  notices  required  to  be  issued;  enter  a  synop- 
sis of  all  orders,  judgments  and  decrees  proper  to  be  entered,  unless  the 
court  shall  order  them  to  be  entered  at  length;  keep  in  the  superior 
court  a  docket,  in  which  must  be  entered  the  title  of  each  cause,  with 
the  date  of  its  commencement;  a  memorandum  of  every  subsequent  pro- 
ceeding therein,  with  date  thereof,  and  a  list  of  all  the  fees  charged. 

4.  Keep  for  the  superior  court  an  index  of  all  suits,  labeled  "General 
Index — Plaintiffs,"  each  page  of  which  must  be  divided  into  seven  col- 


COUNTY  GOVERNMENT.  Act  837,  §§  108-114 


unins,  under  their  respective  heads,  alphabetically  arranged,  as 
"Number    of    Suit,"    "Plaintiffs,"    "Defendants,"    "Date    of    Juc 


I 


follows: 
Judgment," 
'Number  of  Judgment,"  "Page  of  Entry  of  Judgment  in  Judgment 
Book,"  "Page  of  Minute  Book";  also  an  index,  labeled  "General  Index — 
Defendants,"  each  page  of  which  must  be  divided  into  seven  columns, 
under  their  respective  heads,  alphabetically  arranged,  as  follows:  "Num- 
ber of  Suit,"  "Defendants,"  "Plaintiffs,"  "Date  of  Judgment,"  "Number 
of  Judgment,"  "Page  of  Entry  of  Judgment  in  Judgment  Book,"  "Page 
in  Order  Book";  keep  an  index  of  the  names  of  persons  naturalized. 

§  108.  He  must  keep  such  other  records  and  perform  such  other  duties 
as  are  prescribed  by  law. 

COUNTY   AUDITOE. 

''  §109.  The  auditor  must  issue  warrants  as  provided  in  section  41,  on 
the  county  treasurer,  in  favor  of  all  persons  entitled  thereto,  in  payment 
of  all  claims  and  demands  chargeable  against  the  county,  which  have 
been  legally  examined,  allowed  and  ordered  paid  by  the  board  of  super- 
visors. The  auditor  must  also  issue  warrants  on  the  county  treasurer 
for  all  debts  and  demands  against  the  county,  when  the  amounts  are 
fixed  by  law,  or  authorized  by  law  to  be  allowed  by  some  person  or  tri- 
bunal other  than  the  board  of  supervisors. 

§  110.  All  warrants  must  distinctly  specify  the  liability  for  which 
they  are  drawn,  and  when  it  accrued. 

§111.  The  auditor  must  examine  and  settle  the  accounts  of  all  per- 
sons or  officers  indebted  to  the  county,  or  holding  moneys  payable  into 
the  county  treasury,  and  must  certify  the  amount  to  the  treasurer,  and 
upon  the  presentation  and  filing  of  the  treasurer's  receipt  therefor,  give 
to  such  persons  a  discharge,  and  charge  the  treasurer  with  the  amount 
received  by  him. 

§  112.  The  auditor  must  keep  accounts  current  with  the  treasurer, 
and  when  any  person  deposits  with  the  auditor  any  receipt  given  by 
the  treasurer  for  any  money  paid  into  the  treasury,  the  auditor  must 
file  such  receipt,  and  charge  the  treasurer  with  the  amount  thereof. 

§113.  All  warrants  issued  by  the  auditor  during  each  year,  com- 
mencing with  the  first  Monday  after  the  first  day  of  January,  must  be 
numbered  consecutively,  and  the  number,  date  and  amount  of  each, 
and  the  name  of  the  person  to  whom  payable,  and  the  purpose  for  which 
drawn,  must  be  stated  thereon;  and  they  must,  at  the  time  they  are 
issued,  be  registered  by  him,  and  after  such  warrants  have  remained 
uncalled  for  for  two  years  they  shall  be  canceled. 

§  114.  The  auditor  must,  between  the  first  and  tenth  day  of  each 
month,  examine  the  books  of  the  treasurer  and  see  that  the  same  have 
been  correctly  kepT. 


Act  837,  §§  115-120  GENERAL  LAWS.  148 

§115.  The  cliairman  of  the  board  of  supervisors,  district  attorney 
and  auditor,  must,  at  least  once  in  each  month,  count  the  money  in  the 
county  treasury,  and  make  and  verify  in  duplicate,  statements  showing: 

1.  The  amount  of  money  that  ought  to  be  in  the  treasury. 

2.  Tiie  amount  and  kind  of  money  actually  therein. 

§116.  They  must  file  one  of  the  statements  in  the  office  of  the  county 
clerk,  and  the  auditor  must  post  and  maintain  the  other  in  his  office  for 
at  least  one  month  thereafter. 

§  117.  The  auditor  and  treasurer  of  each  county  must,  on  the  first 
Monday  in  February,  May,  August,  and  November,  and  at  such  other 
times  as  the  board  of  supervisors  may  require,  make  a  joint  statement 
to  the  board  of  supervisors,  showing  the  whole  amount  of  collections 
(stating  particularly  the  source  of  each  portion  of  the  revenue)  from 
all  sources  paid  into  the  county  treasury;  the  funds  among  which  the 
same  are  distributed,  and  the  amount  to  each;  the  total  amount  of  war- 
rants drawn  and  paid,  and  on  what  fund;  the  total  amount  of  warrants 
drawn  and  unpaid,  and  accounts  or  claims  audited  or  allowed  and  un- 
paid, and  the  fund  out  of  which  they  are  to  be  paid,  and  generally  make 
a  full  and  specific  showing  of  the  financial  condition  of  the  county. 
The  board  of  supervisors  shall  cause  to  be  prepared,  and  shall  publish 
each  year  a  statistical  report  showing  in  compendious  form  all  the  finan- 
cial transactions  of  the  countj''  for  the  last  fiscal  year,  exhibiting  sepa- 
rately the  receipts  and  expenditures  by  or  on  account  of  each  office, 
board,  commission,  institution,  court,  and  road  district  and  school  dis- 
trict, and  classifying  the  principal  items  of  income  and  expenditure,  so 
as  to  show  the  financial  transactions  and  the  financial  condition  of  the 
count.y.  [Amendment  approved  March  23,  1901.  Stats.  1901,  p.  686. 
In  effect  immediately.] 

§  118.  The  auditor  must  discharge  such  other  duties  as  are  required 
by  law. 

COUNTY  RECORDER. 

§119.  The  recorder  must  procure  such  books  for  records  as  the  busi- 
ness of  his  office  requires,  but  orders  for  the  same  must  first  be  obtained 
from  the  board  of  supervisors.  The  books  used  may  contain  printed 
forms  of  deeds,  mortgages  or  other  instruments  of  general  use.  He  has 
the  custody  of,  and  must  keep,  all  books,  records,  maps  and  papers  de- 
posited in  his  office. 

§120.  He  must,  upon  the  payment  of  his  fees  for  the  same,  record, 
separately,  in  large  and  well-bound  separate  books,  in  a  fair  hand: 

1.  Deeds,  grants,  transfers  and  mortgages  of  real  estate,  releases  of 
mortgages,  powers  of  attorney  to  convey  real  estate,  and  leases  which 
have  been  acknowledged  and  approved. 

2.  Mortgages  of  personal  property. 

3.  Certificates  of  marriage  and  marriage  contracts. 


149  COUNTY  QOVEUNAIENT.  Act  837,  §  \21 

4.  Wills  admitted  to  probate. 

5.  Official  bonds. 

6.  Notice  of  mechanics'  liens. 

7.  Transcripts  of  judgments,  which  by  law  are  made  lions  upon  reai 
estate. 

8.  Notices  of  attachments  upon  real  estate. 

9.  Notices  of  the  pendency  of  an  action  affecting  real  estate,  the  title 
thereto,  or  the  possession  thereof. 

10.  Instruments  describing  or  relating  to  the  separate  property  of  mar 
ried  women. 

11.  Births  and  deaths;  and, 

12.  Such  other  writings  as  are  required  or  permitted  by  law  to  bo 
recorded. 

§121.     Every  recorder  must  keep: 

1.  An  index  of  deeds,  grants  and  transfers,  labeled  "Grantors,"  each 
page  divided  into  four  columns,  headed,  respectively:  "Names  of  Grant- 
ors," "Names  of  Grantees,"  "Date  of  Deeds,  Grants  or  Transfers,"  and 
"Where  Recorded." 

2.  An  index  of  deeds,  labeled  "Grantees,"  each  page  divided  into  four 
columns,  headed,  respectively:  "Names  of  Grantees,"  "Names  of  Grant- 
ors," "Date   of  Deeds,  Grants  or  Transfers,"  and  "Where  Recorded." 

3.  Two  indices  of  mortgages,  labeled,  respectively:  "Mortgagors  of 
Real  Property,"  "Mortgagors  of  Personal  Property,"  with  the  pages 
thereof  divided  into  five  columns,  headed,  respectively:  "Names  of  Mort- 
gagors," "Names  of  Mortgagees,"  "Date  of  Mortgages,"  "Where  Re- 
corded," "When  Discharged." 

4.  Two  indices  of  mortgages,  labeled,  respectively:  "Mortgagees  of 
Real  Property,"  "Mortgagees  of  Personal  Property,"  with  the  pages 
tiiereof  divided  into  five  columns,  headed,  respectively:  "Names  of  Mort- 
gagees," "Names  of  Mortgagors,"  "Date  of  Mortgages,"  "Where  Re- 
corded," "When  Discharged." 

5.  Two  indices  of  releases  of  mortgages,  labeled,  respectively:  "Re- 
l-eases  of  Mortgages  of  Real  Property — Mortgagors,"  "Releases  of  Mort- 
gages of  Personal  Property — Mortgagors,"  with  pages  thereof  divided 
into  six  columns,  headed,  respectively:  "Parties  Releasing,"  "To  Whom 
Releases  are  Given,"  "Date  of  Releases,"  "Where  Releases  are  Recorded," 
"Date  of  Mortgages  Released,"  "Where  Mortgages  Released  are  Re- 
corded." 

6.  Two  indices  of  releases  of  mortgages,  labeled,  respectively:  "Re- 
leases of  Morlgagcs  of  Real  Property — Mortgagees,"  "Releases  of  Mort- 
gages of  Personal  Property — Mortgagees,"  with  pages  thereof  divided 
into  four  columns,  headed,  respectively:  "Parties  Whose  Mortgages  are 
Released,"  "Parties  Releasing,"  "Date  of  Releases,"  "Where  Recorded." 

7.  An  index  of  powers  of  attorney,  labeled:  "Powers  of  Attorney," 
each  page  divided  into  five  columns,  headed,  respectively:  "Names  of 
Parties  Executing  the  Powers,"  "To  Whom  Powers  are  Executed,"  "Date 
of  Powers,"  "Date  of  Recording,"  "Where  Powers  are  Recorded." 


Act  837,  §  121  GENERAL  LAWS.  150 

8.  An  index  of  leases,  labeled:  "Leases — Lessors,"  eacli  page  divided 
into  four  columns,  headed,  respectively:  "Names  of  Lessors,"  "Names  of 
Lessees,"  "Date  of  Leases,"  "When  and  "Where  Eecorded." 

9.  An  index  of  leases,  labeled:  "Leases — Lessees,"  each  page  divided 
into  four  columns,  headed,  respectively:  "Names  of  Lessees,"  "Names 
of  Lessors,"  "Date  of  Leases,"  "When  and  Where  Eecorded." 

10.  An  index  of  marriage  certificates,  labeled:  "Marriage  Certificates 
— Men,"  each  page  divided  into  six  columns,  headed,  respectively:  "Men 
Married,"  "To  Whom  Married,"  "When  Married,"  "By  Whom  Married," 
"Where  Married,"  "Where  Certificates  are  Eecorded." 

11.  An  index  of  marriage  certificates,  labeled:  "Marriage  Certificates — 
Women,"  each  page  divided  into  six  columns,  headed,  respectively: 
"W^omen  Married"  (and  under  this  head  placing  the  family  names  of 
the  women),  "To  Whom  Married,"  "When  Married,"  "By  Whom  Mar- 
ried," "Where  Married,"  "Where  Certificates  are  Eecorded." 

12.  An  index  of  assignments  of  mortgages  and  leases,  labeled:  "As- 
signments of  Mortgages  and  Leases — Assignors,"  each  page  divided  into 
five  columns,  headed,  respectively:  "Assignors,"  "Assignees,"  "Instru- 
ments Assigned,"  "Date  of  Assignment,"  "When  and   Where  Eecorded." 

13.  An  index  of  assignments  of  mortgages  and  leases,  labeled:  "As- 
signments of  Mortgages  and  Leases — Assignees,"  each  page  divided  into 
five  columns,  headed,  respectively:  "Assignees,"  Assignors,"  "Instru- 
ments Assigned,"  "Date   of  Assignment,"   "When   and   Avhere   Eecorded." 

14.  An  index  of  vfills,  labeled:  "Wills,"  each  page  divided  into  four 
columns,  headed,  respectively:  "Names  of  Testators,"  "Date  of  Wills," 
"Date  of  Probate,"  "When  and  Where  Eecorded." 

15.  An  index  of  official  bonds,  labeled:  "Official  Bonds,"  each  page 
divided  into  five  columns,  headed,  respectively:  "Names  of  Officers," 
"Names  of  Offices,"  "  Date  of  Bonds,"  "Amount  of  Bonds,"  "When  and 
Where  Eecorded." 

16.  An  index  of  notices  of  mechanics'  liens,  labeled:  "Mechanics' 
Liens,"  each  page  divided  into  three  columns,  headed,  respectively: 
"Parties  Against  Whom  Claimed,"  "Parties  Claiming  Liens,"  "Notices-^ 
When  and  Where  Eecorded." 

17.  An  index  to  transcripts  of  judgments,  labeled:  "Transcripts  of 
Judgments,"  each  page  divided  into  seven  columns,  headed,  respectively: 
"Judgment  Debtors,"  "Judgment  Creditors,"  "Amount  of  Judgments," 
"Where  Eecovered,"  "When  Eecovered,"  "When  Transcript  Filed," 
"When  Judgment  Satisfied." 

18.  An  index  of  attachments,  labeled:  "Attachments,"  each  page 
divided  into  six  columns,  headed,  respectively:  "Parties  Against  Whom 
Attachments  are  Issued,"  "Parties  Issuing  Attachments,"  "Notices  of 
Attachments,"  "When  Eecorded,"  "Where  Eecorded,"  "When  Attach- 
ments Discharged." 

19.  An  index  of  notices  of  the  pendency  of  actions,  labeled.  "Notices 
of  Actions,"  each  page  divided  into  three  columns,  headed,  respectively, 
"Parties  to  the  Action,"  "No'tices — When  Eecorded,"  "Where  Eecorded." 

20.  An  index  of  the  separate  property  of  married  women,  labeled: 
"Separate  Property,"  each  page   divided  into  five  columns,  headed,  re- 


151  COUNTY    GOVERNMENT.  Act  837,  §§  122-126 

spectively:    "Names   of   Married   Women,"   "Names   of   Their   Husbands," 
"Nature  of  Instruments  Eeeorded,"  "When  Eecorded,"  "Where  Eecorded." 

21.  An  index  to  the  register  of  births  and  deaths. 

22.  Such  other  books  of  record  and  indices  as  are  or  may  be  required 
by  law. 

23.  An  index  of  decrees  of  distribution  in  probate,  labeled:  "Decrees 
of  Distribution,"  divided  into  six  columns,  headed,  resi)ective]y:  "Whose 
Estate,"  "Name  of  Administrator,"  "Names  of  Distributees"  "Date  of 
Decree,"  "In  What  Court,"  "Where  Eecorded." 

§  122.  The  recorder  must  keep  in  his  office  a  book,  to  be  called  "Cer- 
tificates of  Sales,"  and  record  therein  all  certificates  of  sales  of  real 
estate  sold  under  execution,  or  under  order  made  in  any  judicial  proceed- 
ing. He  must  also  prepare  an  index  thereto,  in  which,  in  separate 
columns,  he  must  enter  the  names  of  the  plaintiff  in  the  execution,  the 
defendant  in  the  execution,  the  purchaser  at  the  sale,  and  the  date  of 
the  sale. 

§  123.  The  recorder  must  file  and  record  with  the  record  of  deeds, 
grants,  and  transfers,  certified  copies  of  final  judgments  or  decrees  par- 
titioning or  affecting  the  title  or  possession  of  real  property,  any  part 
of  which  is  situate  in  the  county  of  which  he  is  recorder. 

§  124.  Every  such  certified  copy  of  partition,  from  the  time  of  filing 
the  same  with  the  recorder  for  record,  imparts  notice  to  all  persons  of 
the  contents  thereof;  and  subsequent  purchasers,  mortgagees,  and  lien- 
holders  purchase  and  take  with  like  notice  and  effect  as  if  such  copy 
of  decree  was  a  duly  recorded  deed,  grant  or  transfer. 

§  125.  The  recorder  may  keep  in  the  same  volume  any  two  or  more 
of  the  indices  mentioned  in  section  one  hundred  and  twenty-one;  but 
the  several  indices  must  be  kept  distinct  from  each  other,  and  the  vol- 
ume distinctly  marked  on  the  outside  in  such  a  way  as  to  show  all  the 
indices  kept  therein.  The  names  of  the  parties  in  the  first  column  in 
the  several  indices  must  be  arranged  in  alphabetical  order,  and  when 
a  conveyance  is  executed  by  a  sheriff,  the  name  of  the  sheriff  and  the 
party  charged  in  the  execution  must  both  be  inserted  in  the  index; 
and  when  an  instrument  is  recorded  to  which  an  executor,  adminis- 
trator, or  trustee  is  a  party,  the  name  of  such  executor,  administrator, 
or  trustee,  together  with  the  name  of  the  testator,  or  intestate,  or  party 
for  whom  the  trust  is  held,  must  be  inserted  in  the  index. 

§  126.  When  any  instrument,  paper,  or  notice,  authorized  by  law  to 
be  recorded,  is  deposited  in  the  recorder's  office  for  record,  the  recorder 
must  indorse  upon  the  same  the  time  when  it  was  received,  noting  the 
year,  month,  day,  hour  and  minute  of  its  reception,  the  amount  of  fees 
for  recording,  and  must  record  the  same  without  delay,  together  with 
the  acknowledgments,  proofs,  and  certificates,  written  upon  or  annexed 
to  the  same,  with  the  plats,  surveys,  scliedule,  and  other  papers  thereto 
annexed,    in    the    order    in    which    the    same    were    received    for    record, 


Act  837,  §§  127-132  GENERAL  LAWS.  152 

and  must  note  at  the  foot  of  the  record  the  exact  time  of  its  reception, 
and  the  name  of  the  person  at  whose  request  it  was  recorded. 

§  127.  He  must  also  indorse  upon  each  instrument,  paper,  or  notice 
the  time  when,  the  book  and  pages  in  which  it  is  recorded,  and  must 
thereafter  deliver  it  to  the  party  leaving  the  same  for  record,  or  upon 
his  order. 

§  128.  It  shall  be  the  duty  of  the  recorder,  upon  the  payment  or 
tender  of  the  fees  therefor,  to  take  and  certify  the  acknowledgment  of 
Svll  instruments  authorized  by  law  to  be  acknowledged. 

§  129.  If  any  recorder  to  whom  an  instrument,  proved  or  acknowl- 
edged according  to  law,  or  any  paper  or  notice  which  may  by  law  be 
recorded,  is  delivered  for  record: 

1.  Neglects  or  refuses  to  record  such  instrument,  paper,  or  notice 
within  a  reasonable  time  after  receiving  the  same;   or, 

2.  Records  any  instrument,  paper,  or  notice,  willfully  or  negligently, 
untruly,  or  in  any  other  manner  than  is  hereinbefore  directed;  or, 

3.  Neglects  or  refuses  to  keep  in  his  office  such  indices  as  are  required 
by  this  article,  or  to  make  the  proper  entries  therein;    or, 

4.  Alters,  changes,  or  obliterates  any  records  deposited  in  his  office, 
or  inserts,  any  new  matter  therein,  he  is  liable  to  the  party  aggrieved 
for  three  times  the  amount  of  the  damages  which  may  be  occasioned 
thereby. 

§  130.  He  shall  not  record  any  instrument,  or  file  any  paper  or  notice, 
or  furnish  any  copy,  or  render  any  service  connected  with  his  office, 
until  his  fees  for  the  same,  as  prescribed  by  law,  are,  if  demanded,  paid 
or  tendered. 

§  131.  All  books  of  record,  maps,  charts,  surveys,  and  other  papers 
on  file  in  the  recorder's  office,  must,  during  office  hours,  be  open  for  in- 
spection by  any  person,  without  charge;  and  the  recorder  must  arrange 
the  books  of  record  and  indices  in  his  office  in  such  suitable  places  as  to 
facilitate  their  inspection. 

DISTRICT  ATTORNEY. 
§132.     The  district  attorney  is  the  public  prosecutor,  and  must: 

1.  Attend  the  courts,  and  conduct,  on  behalf  of  the  people,  all  prose- 
cutions for  public   offenses. 

2.  Institute  proceedings  before  the  magistrates  for  the  arrest  of  per- 
sons charged  with  or  reasonably  suspected  of  public  offenses,  when  he 
has  information  that  any  such  offenses  have  been  committed;  and  for 
that  purpose,  when  not  engaged  in  criminal  proceedings  in  the  superior 
court,  or  in  civil  cases  on  behalf  of  the  people,  must  attend  upon  the 
magistrates  in  cases  of  arrest,  when  required  by  them,  and  attend  be- 
fore, and  give  advice  to  the  grand  jury,  whenever  cases  are  pre- 
sented to  them  for  their  consideration. 


153  COUNTY  GOVERNMENT.  Act  837,  §§  133-137 

3.  Draw  all  indictments  and  informations,  defend  all  suits  brought  in 
his  county,  against  the  state  or  his  county  wherever  brought,  prosecute 
all  recognizances  forfeited  in  the  courts  of  record,  and  all  actions  for 
the  recovery  of  debts,  fines,  penalties  and  forfeitures  accruing  to  the 
state  or  bis  county. 

4.  Deliver  receipts  for  money  or  property  received  in  his  official  ca- 
pacity, and  file  duplicates  thereof  with  the  county  treasurer. 

5.  On  the  first  Monday  of  each  month  file  with  the  auditor  an  ac- 
count, verified  by  his  oath,  of  all  moneys  received  by  him  in  his  official 
capacity  during  the  preceding  month,  and  at  the  same  time  pay  them 
over  to  the  county  treasurer. 

6.  Give,  when  required,  and  without  fee,  his  opinion  in  writing,  to 
county,  district,  and  township  officers,  on  matters  relating  to  the  duties 
of  their  respective  offices. 

§  133.  The  district  attorney  is  the  legal  adviser  of  the  board  of  super- 
visors. He  must  attend  their  meetings,  when  required,  and  must  attend 
and  oppose  all  claims  and  accounts  against  the  county,  when  he  deems 
them  unjust  and  illegal. 

§  134.  The  district  attorney,  except  for  his  own  services,  must  not 
present  any  claim,  account  or  demand  for  allowance  against  the  county, 
nor  in  any  way  advocate  the  relief  asked  on  any  claim  or  demand  made 
by  another. 

COUNTY  SURVEYOR. 

§  135.  The  county  surveyor  must  be  a  licensed  land  surveyor  of  the 
state,  and  must  make  any  survey  that  may  be  required  by  order  of  court 
or  of  the  board  of  supervisors,  or  upon  application  of  any  person;  keep 
a  correct  and  fair  record  of  all  surveys  made  by  him,  number  them 
in  the  order  made,  and  preserve  a  copy  of  the  field-notes  and  calculations 
of  each  survey,  and  indorse  thereon  its  proper  number;  a  copy  of  the 
same,  and  a  fair  and  accurate  plat,  together  with  a  certificate  of  sur- 
vey, must,  upon  application,  be  furnished  by  him  to  any  person,  upon 
payment  of  the  fees  allowed  by  law. 

§  136.  Any  person  owning  or  claiming  lands  which  are  divided  by 
county  lines,  and  wishing  to  have  the  same  surveyed,  may  apply  to  the 
surveyor  of  any  county  in  which  any  part  of  such  land  is  situated,  and 
on  such  application  being  made,  the  surveyor  must  make  the  survey, 
which  is  as  valid  as  though  the  lands  were  situated  entirely  within  the 
county. 

§  137.  When  land,  the  title  to  which  is  in  dispute  before  any  court, 
is  divided  by  a  county  line,  the  court  making  an  order  of  survey  may 
direct  the  order  to  the  surveyor  of  any  county  in  which  any  part  of 
the  land  is  situated.  In  all  surveys  the  courses  must  be  expressed  ac- 
cording to  the  true  meridian,  and  the  variation  of  the  magnetic  merid- 
ian from  the  true  meridian  must  be  expressed  on  the  plat,  with  the  date 
of  the  survey. 


Act  837,  §n  38-142  GENERAIj  LAWS.  154 

§138.  Each  county  surveyor  must,  when  required,  aid  and  assist  the 
surveyoi  general  in  making  surveys  within  the  county.  When  the  county 
surveyor  is  interested  in  any  land,  the  title  to  which  is  in  dispute,  and 
a  survey  thereof  is  necessary,  the  court  must  direct  the  survey  to  be 
made  by  some  disinterested  person,  and  the  person  so  appointed  is  for 
that  purpose  authorized  to  administer  and  certify  oaths.  He  must  re- 
turn such  survey,  verified  by  his  affidavit  annexed  thereto,  and  receive 
for  his  services  the  same  fees  as  the  county  surveyor  would  be  entitled 
to  for  similar  service. 

§  139.  The  county  surveyor  shall  copy,  plat,  or  trace  all  maps  filed 
for  record  in  the  office  of  the  county  recorder  of  the  county  for  which 
he  shall  be  elected,  and  shall  be  ex  ofiicio  deputy  county  recorder  for  said 
county  for  such  purposes,  at  the  cost  of  the  party  filing  the  same  for 
record;  provided,  however,  that  all  maps  and  plats  filed  by  a  licensed 
land  surveyor,  and  such  other  maps  and  plats  as  are  filed  and  are  thereby 
made  a  record,  are  exempt  from  the  provisions  of  this  act.  The  county 
surveyor  shall  plat,  trace,  blue-print,  or  otherwise  make  all  county, 
township,  road,  district,  and  all  other  maps,  and  all  assessor's  block 
books,  for  the  county  of  which  he  is  surveyor.  All  such  maps  which 
are  platted,  traced,  blue-printed,  or  otherwise  made  as  aforesaid,  shall 
be  filed  in  the  county  surveyor's  office,  together  with  all  data  obtained 
by  the  county  surveyor  from  other  sources,  and  the  same  thereafter 
shall  become  the  property  of  the  county. 

§140.  The  county  surveyor  shall  make  such  surveys  of  county  roads, 
and  perform  such  other  engineering  work  as  the  board  of  supervisors 
may  direct.  All  such  maps  and  field-notes  of  surveys  shall  be  filed  in 
the  office  of  the  county  surveyor,  and  the  same  shall  thereafter  be  and 
remain  the  property  of  the  county.  It  shall  be  the  duty  of  the  county 
surveyor  to  advise  the  board  of  supervisors  regarding  all  engineering 
work,  and  to  perform  such  engineering  work  for  the  county  as  may  be 
required  by  the  board  of  supervisors. 

§141.  The  board  of  supervisors  of  each  county  shall  provide,  for  the 
use  of  the  county  surveyor,  a  suitable  office,  office  furniture,  heat,  light, 
and  care  for  the  same,  office  and  record  books,  and  other  necessary  ma- 
terial, also  all  necessary  expenses  and  transportation  on  work  performed 
in  the  field.  In  lieu  of  fees,  as  now  provided  by  law,  the  county  sur- 
veyor shall  receive  such  compensation  as  the  board  of  supervisors  niny 
allow,  not  to  exceed  ten  dollars  per  day  for  all  work  performed  for  the 
county,  and  in  addition  thereto,  all  necessary  expenses  and  transporta- 
tion on  work  performed  in  the  field. 

COUNTY  COKONEE. 

§  142.  The  coroner  must  hold  inquests  as  prescribed  by  chapter  IT, 
Title  XTI,  Part  II,  of  the  Penal  Code.  The  coroner,  or  other  officer 
holding  the  inquest  upon  the  body  of  a  deceased  person,  may  subpoena 
a  chemist  to  make  an  analysis  of  the  contents  of  the  stomach  or  of  the 


155  COUNTY  GOVERN'MKNT.  Act  837,  §§  143-148 

tissues  of  the  body,  or  a  physician  or  surgeon  to  inspect  the  body,  or 
hold  a  post-mortem  examination  of  the  deceased,  and  give  a  professional 
opinion  as  to  the  cause  of  death,  and  shall  cause  the  testimony  given 
by  the  witness  to  be  reduced  to  writing,  under  his  direction,  and  may, 
upon  the  written  order  of  the  district  attorney,  employ  a  clerk  or  stenog- 
rapher for  such  purpose,  at  the  same  compensation  allowed  to  stenog- 
raphers in  the  superior  court  of  the  county;  and  when  such  testimony 
is  taken  down  by  a  stenographer,  his  transcription  thereof,  duly  certified 
to,  shall  constitute  the  deposition  of  such  witness. 

§  143.  When  an  inquest  is  held  by  the  coroner,  and  no  other  person 
takes  charge  of  the  body  of  deceased,  he  must  cause  it  to  be  decently 
interred;  and  if  there  is  not  sufiicient  property  belonging  to  the  estate 
of  the  deceased  to  pay  the  necessary  expenses  of  the  burial,  the  expenses 
are  a  legal  charge  against  the  county. 

§  144.  It  shall  be  the  duty  of  the  coroner  of  each  county  to  keep  an 
oflieial  register,  to  be  labeled  "Coroner's  Register,"  in  wliieh  he  shall 
enter  the  date  of  holding  all  inquests,  the  name  of  the  deceased,  when 
known,  and  when  not,  such  description  of  the  deceased  as  may  be  suffi- 
cient for  identification;  property  found  on  the  person  of  deceased,  if 
any;  what  disposition  was  made  of  the  same  by  the  coroner;  the  cause 
of  death,  when  known,  and  such  other  information  as  may  pertain  to  the 
identity  of  the  deceased. 

§  145.  The  coroner  must,  within  thirty  days  after  an  inquest  upon  a 
dead  body,  deliver  to  the  county  treasurer,  or  the  legal  representatives 
of  the  deceased,  any  money  or  other  property  found  upon  the  body, 
and  at  the  same  time  file  an  affidavit  with  the  treasurer,  showing: 

1.  The  amount  of  money  or  other  property  belonging  to  the  estate 
of  the  deceased  person  which  has  come  into  his  possession  since  his  last 
statement. 

2.  The  disposition  made  of  such  property. 

3.  If  the  coroner,  or  any  justice  of  the  peace  acting  as  coroner,  fail 
to  deliver  to  the  treasurer,  within  thirty  days  after  any  inquest  upon  a 
dead  body,  all  money  and  property  found  upon  such  body,  unless  claimed 
in  the  mean  time  by  the  public  administrator,  or  other  legal  representa- 
tive of  the  decedent,  as  required  by  this  section,  the  district  attorney 
must  proceed  against  the  coroner  or  justice  of  the  peace  acting  as  cor- 
oner, to  recover  the  same,  by  civil  action,  in  the  name  of  the  county. 

§  146.  If  the  office  of  coroner  is  vacant,  or  he  is  absent,  or  unable 
to  attend,  the  duties  of  his  office  may  be  discharged  by  any  justice  of 
the  peace  of  the  county,  with  the  like  authority,  and  subject  to  the  same 
obligations  and  penalties  as  the  coroner. 

§  147.  In  the  cases  specified  in  section  one  hundred  and  four,  the  cor- 
oner must  discharge  the  duties  of  sheriff. 

§  148.  The  assessor  must  perform  such  duties  as  are  prescribed  in 
Title  IX,  Part  III,  of  the  Political  Code,  and  such  other  duties  as  are 


Act  837,  §§  149-152 1^  GENERAL  LAWS.  156 

required  by  law;  provided,  that  where  any  salary  is  allowed  to  the 
assessor,  by  law,  then  where  such  officer  is  charged,  or  to  be  charged, 
with  the  making  of  maps  or  block  books,  he  shall  be  allowed  the  actual 
cost  of  making  the  same,  and  must  file  with  the  county  auditor  a  sworn 
statement,  monthly,  showing  in  detail  the  names  of  persons,  and  amounts 
paid  to  each  for  such  expense,  and  the  assessor  must  thereupon  pay  over 
and  account  to  the  county,  or  city  and  county,  for  the  di£ference  between 
any  amount  allowed  for  such  purpose,  and  the  amount  actually  expended 
by  him  therefor. 

§  149.  The  tax  collector  must  perform  such  duties  as  are  prescribed 
in  Title  IX,  Part  III,  of  the  Political  Code,  and  as  license  collector 
shall  collect  all  county  licenses,  and  shall  perform  such  other  duties  as 
are  required  by  law.  He  shall,  at  least  once  a  month  and  oftener,  in  his 
discretion,  pay  the  public  money  in  his  hands  into  the  county  treasury, 
taking  the  receipt  of  the  treasurer  therefor. 

§  150.  The  school  Superintendent  must  perform  such  duties  as  are 
prescribed  in  Title  III,  Part  III,  of  the  Political  Code,  and  shall 
perform  such  other  duties  as  are  required  by  law. 

§  151.  The  public  administrator  must  perform  such  duties  as  are 
prescribed  in  chapter  XIII,  Title  XI,  Part  III,  of  the  Code  of  Civil 
Procedure,  and  shall  perform  such  other  duties  as  are  required  by  law. 

§  152.  It  shall  be  the  duty  of  the  public  administrator  to  keep  a  book, 
to  be  labeled  "Eegister  of  Public  Administrator,"  in  which  he  shall 
enter  the  name  of  every  deceased  person  on  whose  estate  he  shall  ad- 
minister, the  date  of  granting  letters,  money  received,  the  property 
appraised  and  its  value,  proceeds  of  all  sales  of  property,  the  amount  of 
his  fees,  the  expenses  of  administration,  the  amount  of  estate  after  all 
charges  and  expenses  have  been  paid,  the  disposition  of  property  on 
distribution,  the  date  of  discharge  of  administrator,  and  such  other 
matters  as  may  be  necessary  to  give  a  full  and  complete  history  of  each 
estate  administered  by  him.  The  publication  of  the  semi-annual  report 
required  to  be  made  by  the  public  administrator  shall  be  a  county 
charge. 

§  152^4.  It  shall  be  the  duty  of  the  livestock  inspector,  acting  under 
the  supervision  of  the  state  veterinarian,  to  enforce  all  laws  of  the 
state  of  California,  and  all  orders  and  ordinances  of  the  board  of  super- 
visors of  his  county  pertaining  to  the  health  and  sanitary  surroundings 
of  all  livestock  in  his  county,  and  for  that  purpose  he  is  hereby  author- 
ized and  empowered,  by  and  with  the  approval  of  the  board  of  super- 
visors, to  establish,  maintain,  and  enforce  such  quarantine,  sanitary  and 
other  regulations  as  he  may  deem  proper  and  necessary.  He  shall  give 
to  the  duties  of  his  office  such  time  and  attention  as  may  be  necessary 
to  secure  the  general  protection  and  advancement  of  all  matters  per- 
taining to   the  health   and   sanitary  condition  of  the   domestic  livestock 


157  COUNTY  GOVERNMENT.  Act  837,  §§  153-157 

of    his    county.     [New   section    added    March    21,    1905.     Stats.    1905,    p. 
723.     In  effect  in  sixty  days.] 

§  153.  Constables  must  attend  the  court  of  justices  of  the  peace 
within  their  townships  whenever  so  required,  and  within  their  counties 
execute,  serve  and  return  all  writs,  processes  and  notices  directed  or 
delivered  to  them  by  justices  of  the  peace  of  such  county,  or  by  any 
competent  authority;  provided,  however,  that  no  constable  shall  have 
jurisdiction  or  authority  to  serve  any  writ,  notice,  or  other  process  issued 
by  any  justice  or  justice's  court  of  any  township  other  than  the  justice 
or  justice's  court  of  the  township  in  and  for  which  he  may  be  constable 
without  the  boundaries  of  the  township  in  and  for  which  he  is  constable, 
and  any  service  by  a  constable  of  any  writ,  notice,  or  other  process 
issued  by  any  justice  or  justice's  court  of  any  township  other  than  the 
township  in  and  for  which  he  is  duly  elected  and  qualified  constable, 
outside  of  the  boundaries  of  the  township  in  and  for  which  he  is  such 
constable,  shall  be  void.  Constables  shall  charge  and  collect  for  their 
services  such  fees  as  are  now  or  may  hereafter  be  allowed.  [Amend- 
ment approved  March  20,  1905.     Stats.  1905,  p.  393.] 

§154.  All  provisions  of  sections  eighty-eight,  eighty-nine,  ninety, 
ninety-one,  ninety-two,  ninety-three,  ninety-four,  ninety-five,  ninety-six, 
ninety-seven,  ninety-eight,  ninety-nine,  one  hundred,  one  hundred  and 
one,  one  hundred  and  two,  and  one  hundred  and  three,  except  the  fourth 
and  sixth  subdivisions  of  sections  eighty-nine,  apply  to  constables,  and 
govern  their  powers,  duties,  and  liabilities. 

§  155.  Justices  of  the  peace  must  perform  such  duties  as  are  pre- 
scribed in  Title  XI,  Part  II,  of  the  Code  of  Civil  Procedure,  and 
such  other  duties  as  are  prescribed  by  law. 

§  156.  The  salaries  of  officers  must  be  paid  monthly  from  the  county 
ss^lary  fund  of  the  treasury,  on  the  warrant  of  the  auditor. 

§157.  For  the  purpose  of  regulating  the  compensation  of  all  officers 
herein  provided  for,  the  several  counties  of  this  state  are  hereby  classi- 
fied, according  to  their  population  (as  ascertained  and  determined  in 
swtion  10),  as  follows,  to  wit: 

All  counties  containing  a  population  of  three  hundred  thousand  and 
over  shall  belong  to  and  be  known  as  counties  of  the  first  class. 

Counties  containing  a  population  of  one  hundred  and  fifty  thousand 
and  under  three  hundred  thousand  shall  belong  to  and  be  known  as 
counties  of  the  second  class. 

Counties  containing  a  population  of  one  hundred  thousand  and  under 
one  hundred  and  fifty  thousand  shall  belong  to  and  be  known  as  coun- 
ties of  the  third  class. 

Counties  containing  a  population  of  fifty  thousand  and  under  one 
hundied  tvousand  shall  belong  to  and  be  known  as  counties  of  the  fourth 
class. 


Act  837,  §  137  GENERAL  LAWS.  158 

Counties  containing  a  population  of  forty  thousand  and  under  fifty 
thousand  shall  belong  to  and  be  known  as  counties  of  the  fifth  class. 

Counties  containing  a  population  of  thirty-eight  thousand  and  under 
forty  thousand  shall  belong  to  and  be  known  as  counties  of  the  sixth 
class. 

Counties  having  a  population  of  thirty-six  thousand  and  under  thirty- 
eight  thousand  shall  belong  to  and  be  known  as  counties  of  the  seventh 
class. 

Counties  having  a  population  of  thirty-five  thousand  four  hundred  and 
under  thirty-six  thousand  shall  belong  to  and  be  known  as  counties  of 
the  eighth  class. 

Counties  having  a  population  of  thirty-five  thousand  and  under  thirty- 
five  thousand  four  hundred  shall  belong  to  and  be  known  as  counties  of 
the  niEth  class. 

Counties  having  a  population  of  twenty-seven  thousand  four  hundred 
and  under  thirty-five  thousand  shall  belong  to  and  be  known  as  counties 
of  the  tenth  class. 

Counties  having  a  population  of  twenty-seven  thousand  and  under 
twenty-seven  thousand  four  hundred  shall  belong  to  and  be  known  as 
counties  of  the  eleventh  class. 

Counties  having  a  population  of  twenty-four  thousand  and  under 
twenty-seven  thousand  shall  belong  to  and  be  known  as  counties  of  the 
twelfth  class. 

Counties  having  a  population  of  twenty-one  thousand  and  under  twenty- 
four  thousand  shall  belong  to  and  be  known  as  counties  of  the  thirteenth 
class. 

Counties  having  a  population  of  twenty  thousand  and  under  twenty- 
one  thousand  shall  belong  to  and  be  known  as  counties  of  the  fourteenth 
class. 

Counties  having  a  population  of  nineteen  thousand  five  hundred  and 
under  twenty  thousand  shall  belong  to  and  be  known  as  counties  of  the 
fifteenth  class. 

Counties  having  a  population  of  nineteen  thousand  and  under  nine- 
teen thousand  five  hundred  shall  belong  to  and  be  known  as  counties  of 
the  sixteenth  class. 

Counties  having  a  population  of  eighteen  thousand  five  hundred  and 
under  nineteen  thousand  shall  belong  to  and  be  known  as  counties  of 
the  seventeenth  class. 

Counties  having  a  population  of  eighteen  thousand  two  hundred  and 
under  eighteen  thousand  five  hundred  shall  belong  to  and  be  known  as 
counties  of  the  eighteenth  class. 

Counties  having  a  population  of  eighteen  thousand  and  under  eighteen 
thousand  two  hundred  shall  belong  to  and  be  known  as  counties  of  the 
nineteenth  class. 

Counties  having  a  population  of  seventeen  thousand  eight  hundred  and 
under  eighteen  thousand  shall  belong  to  and  be  known  as  counties  of 
the  twentieth  class. 


159  COUNTY  GOVERNMENT.  Act  837,  §  157 

Counties  having  a  population  of  seventeen  thousand  five  hundred  and 
under  seventeen  thousand  eight  hundred  shall  belong  to  and  be  known 
as  counties  of  the  twenty-first  class. 

Counties  having  a  population  of  seventeen  thousand  three  hundred 
and  under  seventeen  thousand  five  hundred  and  fifty  shall  belong  to 
and  be  known  as  counties  of  the  twenty-second  class. 

Counties  having  a  population  of  seventeen  thousand  and  under  seven- 
teen thousand  three  hundred  shall  belong  to  and  be  known  as  counties 
of  the  twenty-third  class. 

Counties  having  a  population  of  sixteen  thousand  seven  hundred  and 
fifty  and  under  seventeen  thousand  shall  belong  to  and  be  known  as 
counties  of  the  twenty-fourth  class. 

Counties  having  a  population  of  sixteen  thousand  five  hundred  and 
under  sixteen  thousand  seven  hundred  and  fifty  shall  belong  to  and  be 
known  as  counties  of  the  twenty-fifth   class. 

Counties  having  a  population  of  sixteen  thousand  four  hundred  and 
seventy-five  and  under  sixteen  thousand  five  hundred  shall  belong  to 
and  be  known  as  counties  of  the  twenty-sixth  class. 

Counties  having  a  population  of  sixteen  thousand  and  under  sixteen 
thousand  four  hundred  and  seventy-five  shall  belong  to  and  be  known 
as  counties  of  the  tvventj'-seventh  class. 

Counties  having  a  population  of  fifteen  thousand  seven  hundred  and 
fifty  and  under  sixteen  thousand  shall  belong  to  and  be  known  as  coun- 
ties of  the  twenty-eighth  class. 

Counties  having  a  population  of  fifteen  thousand  and  under  fifteen 
thousand  seven  hundred  and  fifty  shall  belong  to  and  be  known  as  coun- 
ties of  the  twenty-ninth  class. 

Counties  having  a  population  of  fourteen  thousand  and  under  fifteen 
thousand  shall  belong  to  and  be  known  as  counties  of  the  thirtieth  class. 

Counties  having  a  population  of  thirteen  thousand  and  under  four- 
teen thousand  shall  belong  to  and  be  known  as  counties  of  the  thirty-first 
class. 

Counties  having  a  population  of  twelve  thousand  and  under  thirteen 
thousand  shall  belong  to  and  be  known  as  counties  of  the  thirty-second 
class. 

Counties  having  a  population  of  eleven  thousand  one  hundred  and 
seventy-five  and  under  twelve  thousand  one  hundred  shall  belong  to  and 
be  known  as  counties  of  the  thirty-third  class. 

Counties  having  a  population  of  eleven  thousand  one  hundred  and 
fift_y  and  under  eleven  thousand  one  hundred  and  seventy-five  shall  be- 
long to  and  be  known  as  counties  of  the  thirty-fourth  class. 

Counties  having  a  population  of  eleven  thousand  and  under  eleven 
thousand  one  hundred  and  fifty  shall  belong  to  and  be  known  as  coun- 
ties of  tAie  thirty-fifth  class. 

Counties  having  a  population  of  ton  thousand  and  under  eleven  thou- 
sand shall  belong  to  and  be  known  as  counties  of  the  thirty  sixth  class. 

Counties  having  a  population  of  nine  thousand  seven  hundred  and 
fifty  and  under  ten  thousand  shall  belong  to  and  be  known  as  counties 
of  the  thirty-seventh  class. 


Act  837,  §  157  GENERAL  LAWS.  \60 

Counties  having  a  population  of  nine  thousand  five  hundred  and  un- 
der nine  thousand  seven  hundred  and  fifty  shall  belong  to  and  be  knt,.wn 
as  counties  of  the  thirty-eighth  class. 

Counties  having  a  population  of  nine  thousand  and  under  nine  thou- 
sand five  hundred  shall  belong  to  and  be  known  as  counties  of  the  thirty- 
ninth  class. 

Counties  having  a  population  of  eight  thousand  seven  hundred  and 
fifty  and  under  nine  thousand  shall  belong  to  and  be  known  as  counties 
of  the  fortieth  class. 

Counties  having  a  population  of  eight  thousand  and  under  eight  thou- 
sand seven  hundred  and  fifty  shall  belong  to  and  be  known  as  countiaa 
of  the  fortj'-first  class. 

Counties  having  a  population  of  seven  thousand  and  under  eight  thoi> 
sand  shall  belong  to  and  be  known  as  counties  of  the  forty-second  class. 

Counties  having  a  population  of  six  thousand  five  hundred  ard  under 
seven  thousand  shall  belong  to  and  be  known  as  counties  of  the  forty- 
third  class. 

Counties  having  a  population  of  six  thousand  two  hundred  and  fifty 
and  under  six  thousand  five  hundred  shall  belong  to  and  be  known  as 
counties  of  the  forty-fourth  class. 

Counties  having  a  population  of  six  thousand  and  under  six  thousand 
two  hundred  and  fifty  shall  belong  to  and  be  known  as  counties  of  the 
forty-fifth  class. 

Counties  having  a  population  of  five  thousand  five  hundred  and  under 
six  thousand  shall  belong  to  and  be  known  as  counties  of  the  forty-sixth 
classi 

Counties  having  a  population  of  five  thousand  one  hundred  and  under 
five  thousand  five  hundred  shall  belong  to  and  be  known  as  countie'J 
of  the  forty-seventh  class. 

Counties  having  a  population  of  five  thousand  and  under  five  thousand 
one  hundred  shall  belong  to  and  be  known  as  counties  of  the  forty-eightn 
class. 

Counties  having  a  population  of  four  thousand  seven  hundred  and  un- 
der five  thousand  shall  belong  to  and  be  known  as  counties  of  the  forty- 
ninth  class. 

Counties  having  a  population  of  four  thousand  six  hundred  and  under 
four  thousand  seven  hundred  shall  belong  to  and  be  known  as  counties 
of  the  fiftieth  class. 

Counties  having  a  population  of  four  thousand  five  hundred  and  under 
four  thousand  six  hundred  shall  belong  to  and  be  known  as  counties  of 
the  fifty-first  class. 

Counties  having  a  population  of  four  thousand  three  hundred  and 
eighty  and  under  four  thousand  five  hundred  shall  belong  to  and  be 
known  as  counties  of  the  fifty-second  class. 

Counties  having  a  population  of  four  thousand  two  hundred  and  under 
four  thousand  three  hundred  and  eighty  shall  belong  to  and  be  known 
as  counties  of  the  fifty-third  class. 


161  COUNTY  GOVERNMENT.  Act  837,  §§  158,  159 

Counties  having  a  population  of  four  thousand  and  under  four  thousand 
two  hundred  shall  belong  to  and  be  known  as  counties  of  the  fifty-fourth 
class. 

Counties  having  a  population  of  two  thousand  two  hundred  and  under 
four  thousand  shall  belong  to  and  be  known  as  counties  of  the  fifty-fifth 
class. 

Counties  having  a  population  of  two  thousand  and  under  two  thousand 
two  hundred  shall  belong  to  and  be  known  as  counties  of  the  fifty-sixth 
clas3. 

Counties  having  a  population  of  under  two  thousand  shall  belong  to 
and  be  known  as  counties  of  the  fifty-seventh  class.  [Amendment  ap- 
proved March  23,  1901.  Stats.  1901,  687.  In  effect  12  M.  on  first  Mon- 
day after  January  1,  1903.] 

§  158.  In  counties  of  the  first  class  the  officers  shall  receive,  as  com- 
pensation for  the  services  required  of  them  by  law,  or  bj'  virtue  of  their 
office,  the  salaries  and  fees  fixed  by  law  as  compensation;  provided,  that 
this  shall  not  be  construed  as  adding  any  additional  compensation  to 
any  officer;  provided,  however,  that  the  sheriff  shall  also  be  allowed  mile- 
age for  the  service  of  any  paper  required  by  law  to  be  served,  at  the 
rate  of  fifteen  cents  per  mile  for  one  way  only,  to  be  paid  by  the  person 
requiring  such  service. 

§  159.  In  counties  of  the  second  class  the  county  and  township  officers 
shall  receive,  as  compensation  for  the  services  required  of  them  by  law, 
the  following  salaries,  to  wit: 

1.  The  county  clerk,  three  thousand  six  hundred  dollars  per  annum; 
provided,  that  in  counties  of  this  class  there  shall  be  and' there  hereby  is 
allowed  to  the  county  clerk  the  following  clerks  and  deputies,  who  shall 
be  appointed  by  the  county  clerk,  and  shall  be  paid  salaries  as  follows: 
One  chief  deputy  at  a  salary  of  one  hundred  and  fifty  dollars  per  month; 
one  deputy  who  shall  be  registry  clerk  at  a  salary  of  one  hundred  and 
thirty-five  dollars  per  month;  one  deputy  who  shall  be  an  assistant  reg- 
istry clerk  at  a  salary  of  one  hundred  dollars  per  month;  one  deputy  who 
ihail  be  clerk  of  the  board  of  supervisors,  at  a  salary  of  one  hundred 
and  twenty-five  dollars  per  month;  nine  deputies  who  shall  be  courtroom 
clerks,  at  a  salary  of  one  hundred  and  fifteen  dollars  each  per  month; 
one  deputy  who  shall  be  judgment  clerk,  at  a  salary  of  one  hundred  and 
twenty-five  dollars  per  month;  one  deputy  who  shall  be  an  assistant 
judgment  clerk,  at  a  salary  of  one  hundred  dollars  per  month;  one  deputy 
who  shall  be  a  file  clerk,  at  a  salary  of  one  hundred  dollars  per  month; 
one  deputy  w^ho  shall  be  an  index  clerk,  at  a  salary  of  one  hundred  dol- 
lars per  month;  one  deputy  who  shall  be  in  charge  of  the  criminal 
records,  at  a  salary  of  one  hundred  dollars  per  month;  two  deputies  at 
a  salary  of  one  hundred  dollars  each  per  month;  one  deputy  who  shall  be 
assistant  clerk  of  the  board  of  supervisors,  at  a  salary  of  one  hundred 
dollars  per  month;  one  deputy  who  shall  be  a  stenographer,  at  a  salary 
of  one  hundred  dollars  per  month;  one  deputy  who  shall  be  a  stenog- 
Gen.  Laws — 11 


Act  837,  §150  GENERAL  LAWa,  1G2 

rapher  for  the  board  of  supervisors,  at  a  salary  of  one  hnndrcd  dollars 
per  month;  one  deputy  who  shall  be  miscellaneous  department  clerk,  at 
a  salary  of  one  hundred  and  fifteen  dollars  per  month;  one  deputy  at  a 
salary  of  one  hundred  and  fifteen  dollars  per  month;  six  deputies,  at  a 
salary  of  seventy-five  dollars  each  per  month,  for  not  exceeding  one 
month  for  any  one  year.  The  salaries  of  the  deputies  and  clerks  herein 
provided  for  shall  be  paid  by  said  county  in  monthly  installments  at  the 
same  time,  in  the  same  manner  and  out  of  the  same  fund  as  the  salary 
of  the  county  clerk  is  paid. 

2.  The  sheriff,  four  thousand  dollars  per  annum;  provided,  that  in 
counties  of  this  class  there  shall  be  and  there  hereby  is  allowed  to  the 
sheriff  an  under-sheriff  and  the  following  deputies  and  stenographers, 
who  shall  be  appointed  by  the  sheriff  of  said  county,  and  shall  be  paid 
salaries  as  follows,  to  wit:  One  under-sheriff,  at  a  salary  of  one  hundred 
and  fifty  dollars  per  month;  one  deputy  who  shall  be  a  bookkeeper,  at 
a  salary  of  one  hundred  and  twenty-five  dollars  per  month;  one  deputy, 
who  shall  be  an  assistant  bookkeeper,  at  a  salary  of  one  hundred  and 
ten  dollars  per  month;  one  deputy  at  a  salary  of  one  hundred  and  twenty- 
five  dollars  per  month;  ten  deputies  at  a  salary  of  one  hundred  dollars 
each  per  month;  nine  deputies,  who  shall  be  court  bailiffs,  at  a  salary 
of  ninety  dollars  each, per  month;  five  deputies  who  shall  be  turnkeys 
at  the  county  jail,  at  a  salary  of  ninety  dollars  each  per  month;  one  jail 
matron,  at  a  salary  of  fifty  dollars  per  month;  one  stenographer,  at  a 
salary  of  seventy-five  dollars  per  month.  The  salaries  of  the  under 
sheriff,  the  matron  and  all  deputies  and  stenographers  herein  provided 
for  shall  be  paid  by  said  county  in  monthly  installments  at  the  same 
time,  in  the  same  manner  and  out  of  the  saine  fund  that  the  salary  of 
the  sheriff  is  paid.  The  sheriff  shall  also  receive  the  amount  of  money 
necessarily  expended  by  him  in  serving  all  processes  and  notices,  and 
the  same  shall  be  charged  against  the  county  and  allowed  as  such  by  the 
board  of  supervisors,  and  paid  as  other  county  charges  are  paid.  In  case 
of  sale  of  property  on  foreclosure  of  mortgage  or  on  execution,  the  sheriff 
shall  be  entitled  to  receive  all  necessary  expenses  of  keeping  the  prop- 
erty and  of  advertising  the  sale. 

3.  The  recorder,  three  thousand  six  hundred  dollars  per  annum;  pro- 
vided, that  in  counties  of  this  class  there  shall  be  and  there  hereby  is 
allowed  the  recorder  the  following  deputies  and  copyists,  who  shall  be 
appointed  by  the  recorder  of  said  county  and  shall  be  paid  salaries  as 
follows:  One  chief  deputy,  at  a  salary  of  one  hundred  and  fifty  dollars 
per  month;  two  deputies  at  a  salary  of  one  hundred  and  twenty-five  dol- 
lars each  per  month;  four  deputies,  at  a  salary  of  one  hundred  dollars 
each  per  month;  ten  deputies,  at  a  salary  of  ninety  dollars  each  per 
month;  and  as  many  copyists  as  may  be  required,  who  shall  receive  as 
compensation  for  their  services  the  sum  of  seven  cents  per  folio  for 
recording  any  instrument  and  notice,  except  maps  or  plats;  for  copies 
of  any  record  or  paper,  seven  cents  per  folio.  The  salaries  and  compen- 
sation of  all  deputies  and  copyists  herein  provided  for  shall  be  paid  by 
the  county  in  monthly  installments,  at  the  same  time,  in  the  same  man- 
ner and  out  of  the  same  fund  as  the  salary  of  the  county  recorder  is  paid. 


163  COUNTY  GOVERNMENT.  Act  837,  §  159 

4.  The  auditor,  three  thousand  six  hundred  dollars  per  annum;  provided, 
that  in  counties  of  this  class  there  shall  be  and  there  hereby  is  allowed  to 
the  auditor  the  following  deputies,  clerks  and  assistants,  who  shall  be 
appointed  by  the  auditor,  and  who  shall  bo  paid  salaries  as  follows:  One 
chief  deputy  at  a  salary  of  one  hundred  and  fifty  dollars  per  month; 
one  deputy  at  a  salary  of  one  hundred  and  twouty-five  dollars  per  month; 
two  deputies,  at  a  salary  of  one  hundred  and  ten  dollars  each  per  mouth; 
four  deputies,  at  a  salary  of  one  hundred  dollars  each  per  month;  and 
forty  clerks  at  a  salary  of  ninety  dollars  each  per  mouth,  for  not  to 
exceed  one  month  each  in  any  one  year;  and  such  additional  assistants 
as  the  auditor  may  require,  and  whose  compensation  in  the  aggregate 
shall  not  exceed  the  sum  of  one  thousand  two  hundred  and  fifty  dollars 
in  any  one  year.  The  salaries  of  the  deputies,  clerks,  and  assistants 
herein  provided  for  shall  be  paid  by  the  county  in  monthly  installments, 
at  the  same  time,  in  the  same  manner  an.d  out  of  the  same  fund  as  the 
salary  of  the  auditor  is  paid. 

5.  The  treasurer,  three  thousand  six  hundred  dollars  per  annum;  pro- 
vided, that  in  counties  of  this  class  there  shall  be  and  thereby  is  al- 
lowed to  the  treasurer  the  following  deputies,  who  shall  be  appointed  by 
the  treasurer,  and  who  shall  be  paid  salaries  as  follows:  One  chief  dep- 
uty, at  a  salarj-  of  one  hundred  and  fifty  dollars  per  month;  one  deputy 
at  a  salary  of  one  hundred  and  fifteen  dollars  per  mouth;  and  one  deputy 
at  a  salary  of  one  hundred  dollars  per  month.  The  salaries  of  the 
deputies  herein  provided  for  shall  be  paid  by  said  county  in  monthly  in- 
stallments, at  the  same  time,  in  the  same  manner  and  out  of  the  same 
fund  as  the  salary  of  the  treasurer. 

6.  The  tax  collector,  three  thousand  six  hundred  dollars  per  annum, 
which  shall  be  in  full  compensation  for  all  services  rendered  by  him; 
provided,  that  in  counties  of  this  class  there  shall  be  and  there  hereby 
is  allowed  to  the  tax  collector  the  following  deputies,  stenographers  and 
clerks,  who  shall  be  appointed  by  the  tax  collector,  and  who  shall  be 
paid  salaries  as  follows:  One  chief  deputy,  at  a  salary  of  one  hundred 
and  fifty  dollars  per  month;  one  deputy  who  shall  be  chief  report  clerk, 
at  a  salary  of  one  hundred  and  fifteen  dollars  per  mouth;  one  deputy 
who  shall  be  report  clerk,  at  a  salary  of  one  hundred  and  ten  dollars 
per  month;  one  deputy  who  shall  be  cashier,  at  a  salary  of  one  hundred 
and  fifteen  dollars  per  month;  one  deputy  who  shall  be  the  general  clerk, 
at  a  salary  of  one  hundred  and  fifteen  dollars  per  month;  one  deputy 
who  shall  be  the  correspondence  clerk,  at  a  salarj'-  of  one  hundred  and 
ten  dollars  per  month;  one  deputy  who  shall  be  a  license  clerk,  at  a 
salary  of  one  hundred  dollars  per  mouth;  and  two  deputies  who  shall 
be  license  inspectors,  at  a  salary  of  ninety  dollars  each  per  month: 
five  clerks  at  a  salary  of  ninety  dollars  each  per  month;  one  deputy 
who  shall  be  bookkeeper,  at  a  salary  of  one  hundred  and  ten  dollars 
per  month;  one  deputy  who  shall  be  sale  and  redemption  clerk,  at  a  sn.l- 
ary  of  one  hundred  dollars  per  month;  one  stenographer,  at  a  salary  of 
seventy-five  dollars  per  month;  four  clerks  for  a  period  not  to  exceed 
six  months  in  any  one  year,  at  a  salary  of  ninety  dollars  each  per 
month;  forty-five  clerks  for  a  period  not  to  exceed  four  months  in  any 


Act  837,  §  159  GENERAL  LAWS.    '  164 

ona  year,  at  a  salary  of  ninety  dollars  each  per  month.  There  is  also 
allowed  not  to  exceed  four  hundred  dollars  for  traveling  expenses  of 
said  license  tax  collector  each  year.  The  salaries  of  the  deputies,  clerks 
and  stenographers  herein  provided  for  shall  be  paid  by  said  county  in 
monthly  installments,  at  the  same  time,  in  the  same  manner,  and  out  of 
the  same  fund  as  the  salary  of  the  tax  collector. 

7.  The  district  attorney,  four  thousand  dollars  per  annum;  provided, 
that  in  counties  of  this  class  there  shall  be  and  there  hereby  is  allowed 
to  the  district  attorney  the  following  deputies  and  employees,  who  shall 
be  appointed  by  the  district  attorney  of  said  county,  and  who  shall  be 
paid  salaries  as  follows:  One  assistant  district  attorney,  at  a  salary  of 
two  hundred  dollars  per  month;  one  chief  deputy,  at  a  salary  of  one 
hundred  and  seventy-five  dollars  per  month;  six  deputies,  at  a  salary  of 
one  hundred  and  fifty  dollars  eaeh  per  month;  two  stenographers,  at  a 
salary  of  one  hundred  dollars  each  per  month;  one  detective,  at  a  salary 
of  one  hundred  dollars  per  month,  who  shall  assist  the  district  attorney 
in  the  detection  of  crime  and  the  prosecution  of  criminal  cases;  pro 
vided  further,  that  nothing  herein  contained  shall  be  construed  to  pre 
vent  the  board  of  supervisors  of  said  counties  of  this  class  from  em 
ploying  special  counsel  when,  in  the  judgment  of  said  board,  the  inter 
ests  of  said  counties  require  it.  The  salaries  of  the  assistants,  deputies 
stenographers,  special  counsel  and  detective  herein  provided  for  shal 
be  paid  by  the  county  in  monthly  installments,  at  the  same  time,  in 
the  same  manner  and  out  of  the  same  fund  as  the  salary  of  the  district 
attorney. 

8.  The  assessor,  three  thousand  six  hundred  dollars  per  annum,  which 
shall  be  in  full  compensation  for  all  services  rendered  by  him;  provided, 
that  in  counties  of  this  class  there  shall  be  and  hereby  is  allowed  to  the 
assessor  the  following  deputies,  clerks,  stenographers  and  copyists,  who 
shall  be  appointed  by  the  assessor,  aud  who  shall  be  paid  salaries  as 
follows:  One  chief  deputy,  at  a  salary  of  one  hundred  aud  fifty  dollars 
per  month;  two  deputies,  at  a  salary  of  one  hundred  and  fifteen  dollars 
each  per  month;  seven  deputies,  at  a  salary  of  ninety  dollars  each  per 
month;  thirty  field  deputies  for  not  exceeding  four  months  in  any  one 
year,  at  a  salary  of  ninety  dollars  each  per  month;  thirty  field  deputies 
for  not  exceeding  two  mouths  in  any  one  year,  at  a  salary  of  one  hun- 
dred dollars  each  per  month;  eight  field  deputies  for  not  exceeding  four 
months  in  any  one  year,  at  a  salary  of  one  hundred  dollars  each  per 
month;  ten  field  deputies  for  not  exceeding  four  months  in  any  one 
year,  at  a  salary  of  ninety  dollars  each  per  month;  nine  deputies  for  not 
exceeding  four  months  in  any  one  year,  at  a  salary  of  ninety  dollars 
each  per  month;  five  copyists  for  not  exceeding  four  months  in  any  one 
year,  at  a  salary  of  seventy-five  dollars  each  per  month;  twenty-five 
copyists  for  not  exceeding  three  months  in  any  one  year,  at  a  salary 
of  seventy-five  dollars  each  per  month;  eight  copyists  for  not  exceeding 
seven  months  in  any  one  year,  at  a  salary  of  seventy-five  dollars  each 
per  month;  six  deputies,  who  shall  be  comparers,  for  not  to  exceed  two 
moaths  in  any  one  year,  at  a  salary  of  ninety  dollars  each  per  month; 


165  COUNTY  GOVERNMENT.  Act  837,  5  159 

tv\-o  deputies  who  shall  be  photographers  for  not  to  exceed  eight  months 
in  any  one  year,  at  a  salary  of  one  hundred  dollars  each  per  month; 
one  stenographer,  at  a  salary  of  seventy-five  dollars  per  month;  there 
is  also  allowed  not  to  exceed  five  hundred  dollars  for  traveling  expenses 
of  the  said  assessor  or  his  deputies  each  year.  The  salaries  of  the 
deputies,  stenographers,  clerks  and  copyists  herein  provided  for  shall 
be  paid  by  said  county  in  monthly  installments,  at  the  same  time,  in 
the  same  manner  and  out  of  the  same  fund  as  the  salary  of  the  county 
assessor  is  paid.  It  is  further  provided,  that  in  counties  of  this  class, 
the  assessor  shall  receive  no  commission  for  his  collection  of  taxes  on 
personal  property,  nor  shall  such  assessor  receive  any  compensation  or 
commission  for  the  collection  of  poll  taxes  or  road  poll  taxes,  nor  shall 
the  said  assessor  receive  any  compensation  for  making  out  the  military 
roll  of  persons  returned  to  him  as  subject  to  military  duty,  as  provided 
by  section  nineteen  hundred  and  one  of  the  Political  Code;  provided, 
however,  that  fifteen  per  cent  of  all  moneys  collected  by  him  for  poll 
taxes  and  road  poll  taxes  shall  be  allowed  to  such  counties  on  their 
settlement  with  the  state,  and  be  and  remain  the  property  of  such  coun- 
ties. 

3.  The  coroner,  three  thousand  dollars  per  year,  and  his  actual  neces- 
sary expenses  in  traveling  outside  of  the  county  seat.  He  must  hold 
inquests  as  prescribed  by  Chapter  II,  Title  XII,  Part  II,  of  the  Penal 
Code,  except  that  he  may,  in  his  discretion,  dispense  with  a  jury.  The 
coroner  or  other  officer  holding  an  inquest  upon  the  body  of  a  deceased 
person  may  subpoena  a  physician  or  surgeon  to  inspect  the  body,  or 
chemist  to  make  an  analysis  of  the  contents  of  the  stomach  or  tissues 
of  the  body,  or  hold  a  post-mortem  examination  of  the  deceased,  and 
give  his  professional  opinion  as  to  the  cause  of  death.  The  coroner,  in 
counties  of  this  class,  shall  be  and  is  hereby  allowed  the  following  as- 
sistants: One  stenographer,  at  a  salary  of  two  hundred  dollars  per 
month,  who  shall,  when  directed  by  the  coroner,  take  down  in  short- 
hand the  testimony  of  witnesses  at  inquests,  and  under  the  direction 
of  the  coroner  transcribe  the  same  into  longhand,  and  file  a  certified 
copy  thereof  with  the  county  clerk,  and  the  coroner  may  also  appoint 
such  stenographer  as  his  deputy;  one  clerk,  at  a  salary  of  one  hundred 
dollars  per  month,  who  shall  also  act  as  messenger,  and  perform  such 
other  duties  as  the  coroner  may  direct.  The  salaries  of  the  stenographer 
and  clerk  herein  provided  shall  be  paid  by  the  county  in  the  same  man- 
ner, at  the  same  time  and  out  of  the  same  fund  as  the  salary  of  the  coro- 
ner. 

10.  The  public  administrator,  three  thousand  dollars  per  annum;  pro- 
vided, that  in  counties  of  this  class  there  shall  be  and  there  is  hereby 
allowed  to  the  public  administrator  one  clerk,  at  a  salary  of  one  hundred 
dollars  per  month,  and  the  salary  of  said  clerk  shall  be  paid  by  the 
county  in  the  same  manner,  at  the  same  time  and  out  of  the  same 
fund  as  the  salary  of  the  public  administrator. 

11.  The  superintendent  of  schools,  three  thousand  dollars  per  annum, 
which  shall  be  in  full  for  all  services,  including  attendance  upon   the 


Act  837,  §  159  GENERAL  LAWS,  166 

board  of  education,  and  actual  necessary  traveling  expenses,  not  to 
exceed  five  dollars  for  every  school  district  in  the  county;  provided, 
that  in  counties  of  this  class,  there  shall  be  and  there  hereby  is  allowed 
to  the. superintendent  of  schools  the  following  assistants  and  deputies, 
who  shall  be  appointed  by  the  superintendent  of  seliools  of  said  county, 
and  who  shaJl  be  paid  salaries  as  follows:  One  assistant  who  shall  be 
chief  deputy,  at  a  salary  of  one  hundred  and  fifty  dollars  per  month; 
one  deputy,  at  a  salary  of  one  hundred  and  fifteen  dollars  per  month; 
one  deputy,  at  a  salary  of  one  hundred  dollars  per  month;  and  one  dep- 
uty, at  a  salary  of  ninety  dollars  per  month.  The  salaries  of  the  as- 
sistants and  deputies  herein  provided  for  shall  be  paid  by  the  county 
at  the  same  time,  in  the  same  manner  and  out  of  the  same  fund 
as  the  salary  of  the  superintendent  of  schools. 

12.  The  health  officer,  one  thousand  two  hundred  dollars  per  annum, 
and  special  health  officers,  when  appointed  as  in  tliis  act  provided,  ten 
dollars  each  per  day;  provided,  that  not  more  than  five  hundred  dollars 
per  annum  shall  be  paid  or  expended  in  any  one  year  in  payment  of 
special  health  oflfieers.  The  salary  of  the  health"  officer  and  special 
health  officers  shall  be  paid  by  the  county  in  the  same  manner  and  at 
the  same  time  as  the  salaries  of  the  other  county  officers  are  paid. 

12^2-  Each  member  of  the  county  board  of  education,  except  the  sec- 
retary thereof,  five  dollars  for  each  session  of  the  board  attended,  not 
exceeding  a  total  of  four  hundred  dollars  to  any  one  member  in  one  year. 
In  addition,  each  member  shall  be  entitled  to  mileage  at  the  rate  of  ten 
cents  per  mile,  for  one  way  only,  while  attending  the  regular  sessions. 
Said  compensation  of  the  members  of  the  board  of  education  shall  be 
payable  monthly  and  out  of  the  same  funds,  and  in  the  same  manner 
as  the  salary  of  the  county  superintendent  of  schools  is  paid.  Said  com- 
pensation shall  be  in  full  payment  for  all  services  rendered. 

13.  The  surveyor,  three  thousand  six  hundred  dollars  per  annum,  and 
in  addition  thereto  all  necessary  expenses  and  transportation  for  work 
performed  in  the  field;  provided,  that  in  counties  of  this  class  there 
shall  be  and  there  hereby  is  allowed  to  the  surveyor  one  chief  deinity, 
and  ten  deputies,  who  shall  be  draughtsmen,  and  who  shall  be  appointed 
by  the  surveyor  of  said  county  and  shall  be  paid  salaries  as  follows: 
One  chief  deputy,  at  a  salary  of  one  hundred  and  seventy-five  dollars  per 
month;  five  draughtsmen,  at  a  salary  of  one  hundred  and  twenty-five 
dollars  each  per  month;  four  draughtsmen,  at  a  salary  of  one  hundred 
dollars  each  per  month;  one  draughtsman,  at  a  salary  of  eighty  dollars 
per  month.  The  salaries  of  said  surveyor  and  said  deputies  and  draughts- 
men herein  provided  for  shall  be  paid  by  said  county  in  monthly  install- 
ments at  the  same  time  and  in  the  same  manner  as  the  deputies  of  other 
county  officers  are  paid. 

14.  Supervisors,  one  thousand  eight  hundred  dollars  per  annum,  to- 
gether with  mileage  at  the  rate  of  ten  cents  per  mile  for  each  mile 
actually  traveled  by  them  in  the  discharge  of  their  duties,  either  as 
road  commissioners  or  supervisors,  not  exceeding  in  the  aggregate  seven 
hundred  and  fifty  dgllars  each  per  annum.     They  shall  also  receive  their 


167  COUNTY  GOVERNMENT.  Act  837,  §  159 

necessary  expcuses  when  attending  meetings  of  tlie  state  board  of  equali- 
zation; and  provided  further,  that  there  shall  be  and  hereby  is  allowed 
to  the  board  of  supervisors  the  following  clerks:  One  clerk,  at  a  salary 
of  ninety  dollars  per  month;  one  clerk,  at  a  salary  of  one  hundred  and 
ten  dollars  per  mouth;  one  clerk,  at  a  salary  of  one  hundred  dollars  per 
month;  one  clerk,  who  shall  be  superintendent  of  charities,  at  a  salary 
of  one  hundred  dollars  per  month.;  two  clerks,  who  shall  be  assistants 
to  the  superintendent  of  charities,  at  a  salary  of  seventy-live  dollars 
each  per  month;  fourteen  clerks  for  not  exceeding  thirty  days  in  any 
one  year,  at  a  salary  of  four  dollars  each  per  day,  to  assist  said  board 
while  sitting  as  board  of  equalization;  and  in  addition  to  the  clerks  here- 
inbefore provided  for,  in  years  when  the  general  election  is  held  within 
the  state,  there  shall  be  and"  hereby  is  allowed  to  said  board  of  supervisors 
fifteen  clerks  for  not  to  exceed  fifteen  days  in  such  years,  at  a  compensa- 
tion of  four  dollars  each  per  day.  Such  clerks  shall  be  appointed  by  the 
board  of  supervisors  and  shall  be  paid  by  said  county  in  the  same  manner, 
at  the  same  time  and  out  of  the  same  fund  as  other  clerks  of  the  county 
oflicers  are  paid;  and  still  further  provided,  that  from  and  after  the 
first  Monday  after  the  first  day  of  January,  in  the  year  one  thousand 
nine  hundred  and  nine,  supervisors  in  counties  now  of  this  class  shall 
receive  as  compensation  for  the  services  required  of  them  by  law,  a  sal- 
ary of  two  thousand  four  hundred  dollars  each  per  annum,  together  with 
mileage  at  the  rate  of  ten  cents  per  mile  for  each  mile  actually  traveled 
by  them  in  the  discharge  of  their  duties,  either  as  road  commissioners  or 
supervisors,  not  exceeding  in  the  aggregate  seven  hundred  and  fifty 
dollars  each  per  annum,  and  they  shall  also  receive  their  necessary  ex- 
penses when  attending  meetings  of  the  state  board  of  equalization. 

15.  Justices  of  the  peace,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law;  provided,  that  no  justice  of  the  peace  shall  receive 
more  than  one  thousand  five  hundred  dollars  per  annum,  which  may  be 
paid  in  monthly  installments  of  not  exceeding  one  hundred  and  twenty- 
five  dollars  per  month,  for  all  services  rendered  by  him  in  criminal  cases, 
or  in  actions  or  proceedings  to  which  the  people  of  the  state  of  Califor- 
nia are  or  may  be  parties;  and  no  claim  of  any  such  justice  of  the 
peace  in  excess  of  said  sum  of  one  thousand  five  hundred  dollars  per  an- 
num, or  the  installments  thereof  as  aforesaid,  shall  be  allowed  or  paid;  but 
all  fines  and  fees  collected  by  every  such  justice  on  the  account  aforesaid 
shall  belong  to  and  be  the  propertj^  of  the  county  in  which  such  jus- 
tice exercises  his  jurisdiction.  And  each  of  such  justices  shall  report, 
under  oath,  on  the  first  Monday  of  each  mouth,  to  the  board  of  super- 
visors of  such  county,  the  amount  of  all  fines  and  fees  collected  by 
him,  on  the  account  aforesaid,  during  the  preceding  month,  and  shall, 
on  said  date,  deposit  with  the  county  treasurer,  to  the  credit  of  the 
county,  all  such  fines  and  fees  as  may  be  shown  by  said  report  to  have 
been  collected  by  him.  He  shall  also  transmit  the  treasurer's  receipt 
for  said  payment  to  said  board,  with  the  said  report;  provided  further, 
that  the  boards  of  supervisors  of  such  counties  may,  in  townships  hav- 
ing a  population  of  more  than  thirty-five  thousand,  provide  such  justices, 


Act  837,  §  160  GENERAL  LAWS.  168 

or  any  of  tliem,  with  an  officer  and  the  necessary  furniture  and  supplies 
for  the  justice's  court;  and  provided  further,  that  the  boards  of  super- 
visors in  said  counties  and  in  townships  having  more  than  thirty-five 
thousand  inhabitants,  shall,  upon  the  recommendation  of  the  township 
justice  or  justices,  appoint  a  clerk  for  each  of  the  justice's  court,  which 
clerks  shall  each  hold  office  for  the  term  of  two  years  from  and  after 
appointment,  and  shall  receive  a  salary  of  one  hundred  dollars  per  month 
each,  payable  in  like  manner,  at  like  times  and  out  of  the  same  fund 
as  county  officers  are  paid  by  the  county;  said  clerks  shall  each  take  and 
file  an  oath  of  office  in  like  manner  as  county  officers,  and  after  being 
appointed  and  qualifying  as  hereinbefore  prescribed,  shall  have  power 
to  administer  and  certify  oaths  to  affidavits,  and  all  papers,  documents, 
or  instruments  used  in  or  in  connection  with  the  actions  and  proceed- 
ings of  such  justice's  court.  Such  clerks  shall  perform  such  other  clerical 
service  as  may  be  required  of  them  by  the  justice  or  justices. 

16.  Constables,  such  fees  as  are  now  or  may  hereafter  be  allowed  by 
law;  provided,  that  no  constable  shall  receive  more  than  one  thousand 
two  hundred  dollars  per  annum,  which  may  be  paid  in  monthly  install- 
ments of  not  exceeding  one  hundred  dollars  per  month,  for  all  services 
rendered  by  him  in  all  criminal  cases  or  in  actions  or  proceedings  to 
which  the  people  of  the  state  of  California  are,  or  may  be,  made  parties; 
and  all  fees  collected  by  such  constable  on  account  of  services  rendered 
in  criminal  cases  or  proceedings,  to  which  the  people  of  the  state  of 
California  are  parties,  shall  belong  to  and  be  the  property  of  the  county 
in  which  said  constable  has  been  elected  or  appointed;  provided  further, 
that  the  constable  shall  be  allowed  the  actual  fare  and  expenses  in- 
curred in  transporting  prisoners  to  the  county  jail;  and  provided  further, 
that  in  counties  of  this  class  and  in  townships  having  more  than  thirty- 
five  thousand  inhabitants,  there  shall  be,  and  there  is  hereby  allowed 
to  such  constable,  one  deputy,  who  shall  be  appointed  by  the  constable, 
and  shall  receive  a  salary  of  seventy-five  dollars  per  month,  payable 
in  like  manner  and  at  like  times,  and  out  of  the  same  fund  as  the 
county  officers  are  paid  by  the  county;  said  deputj''  shall  take  and  file 
an  oath  of  office  in  like  manner  as  county  officers.  Each  constable  shall 
report  under  oath  on  the  first  Monday  of  each  month  to  the  board  of 
supervisors  of  such  county,  the  amount  of  all  fees  collected  by  him  for 
all  services  rendered  in  all  criminal  cases,  or  in  actions  or  proceedings 
to  which  the  people  of  the  state  of  California  are,  or  may  be,  made  par- 
ties, during  the  preceding  month,  and  shall,  on  said  date,  deposit  with 
the  county  treasurer  to  the  credit  of  the  county  all  such  iecs  ;is  may 
be  shown  by  said  report  to  have  been  collected  by  him  on  account  of 
the  aforesaid.  He  shall  also  transmit  the  treasurer's  receipt  for  saiil 
payment  to  said  board  with  said  report.  [Amendment  approved  March 
20,  1905.     Stats.  1905,  p.  511.     In  effect  immediately.] 

§160.  In  counties  of  the  third  class  the  county  officers  shall  receive 
as  compensation  for  the  services  required  of  them  by  law,  or  by  virtue 
of  their  office,  the  following  salaries: 


1G9  COUNTY  GOVERNMENT.  Act  837.  §  160 

1.  The  county  clerk,  four  thousand  ($4,000)  dollars  per  annum; 
provided,  that  in  counties  of  this  class  there  shall  be  and  there  hereby 
is  allowed  to  the  county  clerk  one  chief  deputy,  whose  salary  is  hereby- 
fixed  at  the  sum  of  eighteen  hundred  ($1800)  dollars  per  annum; 
five  courtroom  deputies,  whose  salaries  are  hereby  fixed  at  the  sum 
of  fifteen  hundred  ($1500)  dollars  per  annum  each;  one  deputy,  whose 
salary  is  hereby  fixed  at  the  sum  of  fifteen  hundred  ($1500)  dollars 
per  annum;  four  deputies,  whose  salaries  are  hereby  fixed  at  the  sum 
of  twelve  hundred  ($1200)  dollars  per  annum  each;  and  one  copyist, 
whose  salary  is  hereby  fixed  at  the  sum  of  twelve  hundred  ($1200)  dol- 
lars per  annum;  the  chief  deputy,  ten  deputies,  and  one  copyist  herein 
provided  for  shall  be  appointed  by  the  clerk  of  said  county,  and  their 
salaries  shall  be  paid  by  said  county  in  equal  monthly  installments  at 
the  same  time  and  in  the  same  manner  and  out  of  the  same  fund  as  is 
the  salary  of  county  clerk;  provided  further,  that  in  such  years  as  the 
compilation  of  a  great  register  of  voters  is  required  by  law  to  be  made, 
the  county  clerk,  in  counties  of  this  class,  shall  be  and  he  is  hereby 
allowed  the  following  additional  help:  One  clerk  for  a  period  of  and  not 
exceeding  six  months,  whose  salary  is  hereby  fixed  at  one  hundred  and 
twenty-five  ($125)  dollars  per  month;  four  clerks,  for  a  period  of  and 
not  exceeding  four  months,  whose  salaries  are  hereby  fixed  at  one  hun- 
dred ($100)  dollars  each  per  month.  Such  clerks  shall  be  appointed 
by  the  county  clerk  of  such  counties  and  during  their  respective  periods 
of  employment,  their  salaries  shall  be  paid  by  such  county  in  equal 
monthly  installments  at  the  same  time  and  in  the  same  manner  and  out 
of  the  same  fund  as  is  the  salary  of  the  county  clerk  of  such  counties. 

2.  The  sheritf,  four  thousand  ($4,000)  dollars  per  annum;  provided, 
that  there  shall  be  and  hereby  is  allowed  to  the  sherilf  one  under-sheriff, 
whose  salary  is  hereby  fixed  at  the  sum  of  two  thousand  four  hundred 
($2,400)  dollars  per  annum;  one  bookkeeper,  Avhose  salary  is  hereby  fixed 
at  the  sum  of  eighteen  hundred  ($1800)  dollars  per  annum;  one  chief 
jailer,  whose  salary  is  hereby  fixed  at  the  sum  of  fifteen  hundred  ($1500) 
dollars  per  annum;  two  assistant  jailers,  whose  salaries  are  hereby  fixed 
at  the  sum  of  twelve  hundred  ($1200)  per  annum  each;  five  bailiffs, 
whose  salaries  are  hereby  fixed  at  the  sum  of  twelve  hundred  ($1200) 
dollars  per  annum  each;  one  office  deputy,  whose  salary  is  hereby  fixed 
at  the  sum  of  twelve  hundred  ($1200)  dollars  per  annum;  one  matron 
for  the  jail,  whose  salary  is  hereby  fixed  at  the  sum  of  six  hundred  ($600) 
dollars  per  annum;  and  one  stenographer,  whose  salary  is  hereby  fixed 
at  the  sum  of  six  hundred  ($600)  dollars  per  annum;  the  under  sheriff, 
bookkeeper,  chief  jailer,  office  deputies,  assistant  jailers,  bailiffs,  matron 
for  jail,  and  stenographer,  herein  provided  for  shall  be  appointed  by  the 
sheriff;  and  their  salaries  shall  be  paid  by  said  county  in  equal  monthly 
installments,  at  the  same  time  and  in  the  same  manner  and  out  of  the 
same  fund  as  the  salary  of  the  sheriff;  provided,  that  in  counties  of  this 
class  the  sheriff  shall  be  allowed  no  compensation  or  profit  for  feeding 
prisoners  in  the  county  jail,  but  that  he  shall  file,  monthly,  with  the 
county  auditor,  a  verified  statement,  showing  the  names  of  persons  and 


Act  837,  §  160  GENERAL  LAWS.  170 

amounts  paid  to  each  for  expense  of  feeding  such  prisoners,  and  the  sher- 
iff shall  thereupon  pay  over  to  the  county  treasurer,  for  the  use  of  the 
county,  any  difference  between  the  amount  allowed  for  such  purpose  by 
the  supervisors  and  the  amount  actually  expended  by  him  therefor.  The 
sheriff  shall  also  receive  the  amount  of  money  necessarily  expended  by 
him  in  serving  all  process  and  notices  and  all  expenses  nccessarilj'  in- 
curred by  him  in  the  pursuit  of  criminals  within  his  county,  and  the  same 
shall  be  a  charge  against  the  county  and  allowed  as  such  by  the  board 
of  supervisors,  and  paid  as  other  county  charges  are  paid. 

3.  The  recorder,  four  thousand  ($4000)  dollars  per  annum;  provided, 
that  in  counties  of  this  class  there  shall  be  and  tliere  thereby  is  allowed 
to  the  recorder  the  following  deputies  and  copyists,  who  shall  be  ap- 
pointed by  the  recorder  in  such  county,  and  shall  be  paid  salaries  and 
compensations  as  follows:  One  chief  deputy,  at  a  salary  of  eighteen  hun- 
dred ($1800)  dollars  per  annum;  one  index  deputy,  whose  salary  is  hereby 
fixed  at  fifteen  hundred  ($1500)  dollars  per  annum;  three  deputies,  whose 
salaries  are  hereby  fixed  at  twelve  hundred  ($1200)  dollars  per  annum  each; 
and  one  mortgage  deputy,  whose  salary  is  hereby  fixed  at  twelve  hundred 
($1200)  dollars  per  annum;  provided  further,  that  the  chief  deputy,  index 
deputy,  three  deputies,  and  one  mortgage  deputy  herein  provided  for  shall 
be  appointed  by  the-  recorder  of  said  countj^,  and  their  salaries  shall  be 
paid  by  said  county  in  equal  monthly  installments,  at  the  same  time 
and  in  the  same  manner  and  out  of  the  same  fund  as  the  salary  of  the 
recorder;  provided  further,  that  in  counties  of  this  class  the  recorder 
shall  be  entitled  to  the  actual  cost  incurred'  by  him  for  the  recording 
of  all  papers  and  documents  in  his  office,  not  exceeding  eight  cents  per 
folio  for  each  paper  or  document  so  recorded;  and  provided  further,  that 
said  recorder  shall  file  monthly,  with  the  county  auditor,  a  verified 
statement,  showing  in  detail  the  persons  and  the  aihouuts  paid  to  each 
for  such  recording. 

4.  The  auditor,  thirty-six  hundred  dollars  per  annum;  provided,  that 
in  counties  of  this  class  there  shall  be  and  hereby  is  allowed  to  the  audi- 
tor one  chief  deputy,  who  shall  be  appointed  bj'-  the  auditor  of  said 
county,  and  whose  salary  is  hereby  fixed  at  the  sum  of  eighteen  hundred 
dollars  per  annum;  one  deputy,  who  shall  be  appointed  by  the  auditor 
of  such  county,  and  whose  salary  is  'hereby  fixed  at  the  sum  of  twelve 
hundred  dollars  per  annum;  one  clerk,  whose  salary  is  hereby  fixed  at 
the  sum  of  twelve  liundred  dollars  per  annum,  and  such  additional  as- 
sistance as  the  auditor  may  appoint,  and  whose  compensation  shall  not 
in  the  aggregate  exceed  the  sum  of  one  thousand  dollars  per  annum; 
and  provided,  that  the  auditor  shall  file  with  the  county  clerk  a  verified 
statement,  showing  in  detail  the  amounts  paid,  and  the  persons  to  whom 
said  compensation  is  paid,  for  such  extra  assistance  as  aforesaid.  The 
salaries  herein  provided  for  shall  be  paid  by  the  said  county  in  equal 
monthly  installments,  at  the  same  time  and  in  the  same  manner,  and  out 
of  the  same  fund  as  the  salary  of  the  auditor. 

5.  The  treasurer,  three  thousand  six  hundred  dollars  per  annum;  pro- 
vided, that  in  counties  of  this  class  there  shall  be  and  hereby  is  allowed 


171  COUNTY  GOVERNMENT.  Act  837,  §  160 

to  the  treasurer  one  cliief  clei)Uty,  whose  salary  is  hereby  fixed  at  the 
sum  of  eighteen  hundred  dollars  per  annum,  and  one  deputy,  whose  sal- 
ary is  hereby  fixed  at  the  sum  of  twelve  hundred  dollars'  per  annum, 
which  sum  shall  bo  paid  by  said  county  in  equal  monthly  installments,  at 
the  same  time,  and  in  the  same  manner,  and  out  of  the  same  fund  as  the 
salary  of  the  treasurer;  provided,  that  the  chief  deputy  and  the  deputy 
herein  provided  for,  shall  be  appointed  by  the  treasurer  of  such  county. 

6.  The  tax  collector,  three  thousand  dollars  per  annum;  provided,  that 
in  counties  of  this  class  there  shall  be  and  there  hereby  is  allowed  to 
the  tax  collector  one  chief  deputy,  whose  salary  is  hereby  fixed  at  the 
sum  of  eighteen  hundred  dollars  per  annum,  three  deputies,  whose  salaries 
are  hereby  fixed  at  the  sum  of  twelve  hundred  dollars  each  per  annum, 
and  one  stenographer  whose  salary  is  hereby  fixed  at  the  sura  of  six 
hundred  ($600)  dollars  per  annum;  provided  further,  that  there  shall 
be  and  there  hereby  is  allowed  to  the  tax  collector  not  to  exceed  two 
extra  deputies  for  the  month  of  April  of  each  year,  whose  salaries  shall 
be  one  hundred  dollars  for  such  month,  and  throe  extra  deputies  for  the 
month  of  July  of  each  year,  whose  salaries  shall  be  one  hundred  dollars 
each  for  such  month,  and  five  extra  deputies  for  the  month  of  August  of 
each  year,  whose  salaries  shall  be  one  hundred  dollars  each  for  suen 
mouth,  and  six  extra  deputies  for  the  mouth  of  September  of  each  year, 
whose  salaries  shall  be  one  hundred  dollars  each  for  such  month,  and 
seven  extra  deputies  for  the  month  of  October  of  each  year,  whose 
salaries  shall  be  one  hundred  dollars  each  for  such  month,  and  not  to  ex- 
ceed twelve  extra  deputies  for  the  month  of  November  of  each  year, 
whose  salaries  shall  be  one  hundred  dollars  each  for  such  month;  pro- 
vided further,  that  the  chief  deputy,  the  stenographer,  and  all  other 
deputies  herein  provided  for,  shall  be  appointed  by  the  tax  collector  of 
said  county,  and  the  salaries  of  said  chief  deputy  and  all  other  deputies 
herein  provided  for  shall  be  paid  by  said  county,  during  the  time  which 
they  shall  hold  office,  as  herein  provided,  at  the  same  time  and  in  the 
same  manner  and  out  of  the  same  fund  as  the  salary  of  the  tax  collector. 

7.  The  license  collector  shall  receive  fifteen  per  cent  of  all  licenses  col- 
lected by  him. 

8.  The  assessor,  four  thousand  dollars  per  annum;  provided,  that  in 
counties  of  this  class  there  shall  be  and  there  hereby  is  allowed  to  the 
assessor  the  following  deputies,  who  shall  be  appointed  by  the  assessor 
and  shall  be  paid  salaries  as  follows:  One  chief  deputy  assessor,  at 
twenty-four  hundred  dollars  per  annum;  one  deputy  assessor,  at  fifteen 
hundred  dollars  per  annum;  one  mortgage  deputy  assessor,  at  twelve 
hundred  dollars  per  annum;  one  transfer  deputy  assessor,  at  twelve  hun- 
dred dollars  per  annum;  seven  outside  field  deputy  assessors,  at  one 
hundred  and  twenty-five  dollars  each  per  month  not  exceeding  six  months 
in  any  one  year;  one  stenographer,  at  six  hundred  dollars  per  annum; 
six  field  deputy  assessors,  for  not  exceeding  four  mouths  in  any  one  year, 
at  one  hundred  dollars  each  per  month;  one  cashier,  for  not  exceeding, 
seven  months  in  any  one  year,  at  a  salary  of  one  hundred  and  twenty- 
five  dollars  per  mouth;  eight  copyists,  for  not  exceeding  four  months  in 


Act  837,  §  160  GENERAL  LAWS,  172 

any  one  year,  at  a  salary  of  one  hundred  dollars  each  per  month;  five 
extra  deputy  assessors,  for  not  exceeding  four  months  in  any  one  year, 
at  a  salary  of  one  hundred  dollars  each  per  month,  and  such  additional 
assistance  as  the  assessor  may  appoint  and  whose  compensation  shall 
not  in  the  aggregate  exceed  the  sum  of  forty-five  hundred  dollars  per 
annum;  and  provided,  that  the  assessor  shall  file  with  the  county  auditor 
a  verified  statement  showing  in  detail  the  amounts  paid  and  the  per- 
sons to  whom  such  compensation  is  paid  for  such  extra  assistance,  as 
aforesaid.  The  salaries  herein  provided  for  shall  be  paid  by  the  said 
county  in  monthly  installments,  at  the  same  time  and  in  the  same  man- 
ner and  out  of  the  same  fund  as  the  salary  of  the  assessor  is  paid;  it 
is  hereby  further  provided,  that  in  counties  of  this  class  the  assessor 
shall  receive  commissions  for  his  collections  of  taxes  on  personal  prop- 
erty, and  such  assessor  shall  receive  compensation  or  commission  for  the 
collection  of  poll  taxes  or  road  poll  taxes,  but  the  said  assessor  shall 
not  receive  compensation  for  making  out  the  military  roll  of  persons 
returned  by  him  as  subject  to  military  duty  as  provided  by  section  nine- 
teen hundred  and  one  of  the  Political  Code;  provided,  however,  that 
should  the  assessor  be  directed  by  any  law,  or  by  any  order  of  the  board 
of  supervisors,  or  by  any  municipality  within  said  counties  of  the  third 
class,  to  prepare  maps,  plats  or  block  books  for  the  use  of  the  county, 
or  assessment-rolls  for  the  use  of  any  municipality,  then  said  assessor 
shall  make  such  maps,  plats,  or  block  books,  or  assessment-rolls,  but  shall 
only  receive  the  actual  cost  by  him  incurred  in  making  or  preparing 
such  maps,  plats  or  block  books  or  assessment-rolls;  and  provided  fur- 
ther, that,  he  shall  file  with  the  county  auditor  a  sworn  statement  show- 
ing the  persons  to  whom,  and  the  amounts  paid  to  each,  for  such  maps, 
plats  or  block  books,  or  assessment-rolls,  and  he  shall  account  forthwith 
and  pay  over  to  the  county  any  difference  between  such  cost  and  the 
amount  allowed  him  for  such  work. 

9.  The  district  attorney,  four  thousand  dollars  per  annum;  provided, 
that  in  counties  of  this  class  there  shall  be  and  there  hereby  is  allowed 
to  the  district  attorney  one  chief  deputy  district  attorney,  whose  salary 
is  hereby  fixed  at  two  thousand  dollars  per  annum;  three  deputy  district 
attorneys,  whose  salaries  are  hereby  fixed  at  fifteen  hundred  dollars  per 
annum  each;  and  one  clerk,  whose  salary  is  hereby  fixed  at  the  sum  of 
twelve  hundred  dollars  per  annum;  provided  further,  that  the  chief 
deputy  district  attorney,  and  three  deputy  district  attorneys,  and  clerk 
shall  be  appointed  by  the  district  attorney  and  their  salaries  shall  be 
paid  by  said  county  in  equal  monthly  installments,  at  the  same  time  and 
in  the  same  manner  and  out  of  the  same  fund  as  the  salary  of  the  dis- 
trict attorney;  provided  further,  that  in  counties  of  this  class  there  shall 
be  and  there  hereby  is  allowed  to  the  district  attorney  a  stenographer 
whose  salary  is  hereby  fixed  at  the  sum  of  nine  hundred  dollars  per  an- 
num; and  for  the  purpose  of  assisting  the  district  attorney  in  the  de- 
tection of  crime  and  the  prosecution  of  criminal  cases  and  in  civil  actions 
and  proceedings  and  all  matters  in  which  the  county  is  interested,  there 
ia  allowed  to  the  district  attorney  a  detective,  whose  salary  is  hereby 


173  COUNTY  GOVERNMENT.  Act  837,  §  ICO 

fixed  at  the  sum  of  fifteen  hundred  dollars  per  annum;  provided  further, 
that  the  stenographer  and  detective  shall  be  appointed  by  the  district 
attorney,  and  their  salaries  shall  be  paid  by  said  county  in  equal  monthly 
installments,  at  the  same  time  and  in  the  same  manner,  and  out  of  the 
same  fund  as  the  salary  of  the  district  attorney;  provided  further,  that 
the  provisions  of  this  subdivision  of  this  section  of  this  act  with  refer- 
ence to  ihe  stenographer  shall  be  in  force  and  effect  on  and  after  twelve 
o'clock  meridian  of  the  first  Monday  in  January,  nineteen  hundred  and 
seven;  provided  further,  that  the  provisions  of  this  subdivision  of  this 
section  of  this  act  with  reference  to  the  detective  shall  be  in  force  and 
effect  from  and  after  its  passage. 

10.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be  allowed  by 
law;  provided,  that  the  coroner  shall  be  paid  by  such  counties  in  the 
same  manner  and  out  of  the  same  fund  as  such  fees  are  now  paid,  the 
sum  of  two  dollars  for  each  certificate  of  the  cause  of  death  made  by 
him. 

11.  The  public  administrator,  such  fees  as  are  now  or  may  hereafter 
be  allowed  by  law. 

12.  The  county  superintendent  of  schools,  three  thousand  dollars  per 
annum;  provided,  that  in  counties  of  this  class,  there  shall  be  and  hereby 
is  allowed  to  the  county  superintendent  of  schools,  one  assistant  superin- 
tendent of  schools,  and  one  deputy,  who  shall  be  appointed  by  the  county 
superintendent  of  schools  of  said  county  and  whose  salaries  shall  be  as 
follows:  The  salary  of  the  assistant  shall  be  one  hundred  dollars  per 
month,  that  of  the  deputy  shall  be  one  hundred  dollars  per  month.  The 
salaries  shall  be  paid  out  of  the  same  fund  and  in  the  same  manner  as 
the  salary  of  the  county  superintendent  of  schools  is  paid. 

13.  The  surveyor  shall  receive  ten  dollars  per  day  for  all  work  per- 
formed for  the  county,  and  in  addition  thereto  all  necessary  expenses 
and  transportation  for  work  performed  in  the  field;  provided,  that  when- 
ever the  surveyor  is  directed  or  charged  to  make,  plat,  trace,  or  otherwise 
prepare  maps,  plats,  or  blockbooks  for  the  use  of  the  county,  city  and 
county,  or  any  municipality  within  such  county,  then  such  county  sur- 
veyor shall  only  be  allowed,  in  addition  to  the  actual  cost  and  expense 
of  making,  platting,  tracing,  or  otherwise  preparing  such  maps,  plats,  or 
block  books,  a  compensation  to  be  determined  by  the  board  of  super- 
visors, not  exceeding  the  sum  of  ten  dollars  per  day  while  he  is  actually 
so  employed;  and  provided  further,  that  such  county  surveyor  shall  file 
with  the  county  auditor  a  sworn  statement,  showing  in  detail  the  aniounts 
so  paid,  and  the  persons  to  whom  such  amounts  have  been  so  paid  for 
such  expense  as  aforesaid. 

14.  Justices  of  the  peace  shall  receive  the  following  monthly  salaries, 
to  be  paid  each  month,  and  in  the  same  manner  and  out  of  the  same  fund 
as  other  county  officers  are  paid,  which  shall  be  in  full  for  all  services 
rendered  by  them  in  criminal  cases:  In  townships  having  a  population 
of  more  than  nineteen  thousand,  two  hundred  and  twenty-five  dollars;  in 
townships  having  a  population  of  fifteen  thousand  and  less  than  nineteen 
thousand,  one  hundred  and  fifteen  dollars;  in  townshipg  having  a  popula- 


Act  S37,  §  161  GENERAL  LAWS.  174 

tion  of  one  tliousand  and  less  tlian  fifteen  thousand,  seventy-five  dollars. 
In  addition  to  the  compensation  received  in  criminal  cases  each  justice 
of  the  peace  may  receive  and  retain  for  his  own  use  such  fees  as  are  now 
or  may  hereafter  be  allowed  by  law  for  all  services  performed  by  him  in 
civil  actions;  provided,  that  in  townships  containing  a  population  of 
more  than  twenty-five  thousand  there  shall  be  but  one  justice  in  and 
for  such  townships.  Each  justice  of  the  peace  must  keep  a  book,  open 
for  the  inspection  of  the  public,  during  office  hours,  in  which  must  be 
entered  at  once  and  in  detail  the  amount  of  all  fines  collected  by  him 
in  criminal  cases,  and  on  the  first  Monday  of  each  and  every  month  he 
must  pay  such  fines  so  collected  into  the  county  treasury,  or  city  treasury, 
as   provided  by  law. 

15.  Constables  shall  receive  the  following  monthly  salaries,  to  be  paid 
each  month,  and  in  the  same  manner  and  out  of  the  same  fund  as  other 
county  officers  are  paid,  which  shall  be  in  full  for  all  services  rendered 
by  them  in  criminal  cases:  In  townships  having  a  population  of  more 
than  twenty-five  thousand,  one  hundred  and  fifty  dollars;  in  townships 
having  a  population  of  more  than  nineteen  thousand  and  less  than 
twenty-five  thousand,  ninety  dollars;  in  townships  having  a  population  of 
fifteen  thousand  and  less  than  nineteen  thousand,  eighty  dollars;  in 
townships  having  a  population  of  one  thousand  and  less  than  fifteen  thou- 
sand, eighty-five  dollars;  provided,  that  in  townships  having  a  population 
of  fifteen  thousand  and  less  than  nineteen  thousand  there  shall  be  but 
one  constable.  In  addition  to  the  compensation  received  in  criminal  cases 
each  constable  may  receive  and  retain  for  his  own  use  such  fees  as  are 
now  or  may  hereafter  be  allowed  by  law  for  all  services  performed  by 
him  in  civil  cases;  provided,  that  in  counties  of  this  class  constables  shall 
be  and  they  are  hereby  allowed  such  expenses  as  are  actually  and  neces- 
sarily incurred  by  them  in  conveying  prisoners  to  and  from  the  county 
jail;  such  expenses  to  be  itemized  and  presented  as  a  claim  against  the 
county  and  to  be  audited  and  allowed  by  the  board  of  supervisors  and 
paid  out  of  the  county  treasury  in  the  manner  as  are  other  claims. 

16.  Each  supervisor,  one  hundred  and  twenty-five  dollars  per  month, 
and  mileage  at  ten  cents  per  mile  for  each  mile  actually  traveled  in  go- 
ing to  and  from  their  residence  to  the  county  seat,  or  in  the  performance 
of  the  duties  required  of  them  by  law  or  by  virtue  of  their  office;  pro- 
vided, that  in  attending  sessions  of  the  board  only  four  mileages  shall  be 
allowed  for  each  month,  and  that  the  total  mileage  allowed  shall  not 
exceed  one  hundred  dollars  in  any  one  month.  [Amendment  approved 
March  22,  1905.  Stats.  1905,  p.  746.  In  effect  partly  on  the  first  Monday 
of  January,  1907,  and  partly  in  sixty  days.] 

§  161.  In  counties  of  the  fourth  class  the  county  officers  shall  receive 
as  compensation  for  the  services  required  of  them  by  law  or  by  virtue 
of  their   office,   the   following  salaries   to   wit: 

1.  The  county  clerk,  nine  thousand  dollars  per  annum. 

2.  The  sheriff,  nine  thousand  five  hundred  and  twenty  dollars  per  an- 
num; provided,  that  he  shall  receive  as  additional  compensation  the 
mileage  collected  by  him  in  criminal  cases,  and  all  expenses  incurred  in 


175  COUNTY  GOVERNMENT.  Act  837,  §  161 

criminal  cases,  and  also  his  mileage  for  service  of  papers  or  process  is- 
sued by  any  court  of  this  state,  and  all  fees  for  service  of  papers  or 
process  in  actions  arising  outside  of  his  county,  and  the  said  sheriff  may 
appoint  a  matron  for  the  county  jail  of  his  county,  which  office  of  matron 
for  the  county  jail  is  hereby  created,  and  who  shall  receive  as  compensa- 
tion the  sum  of  seventy-five  dollars  per  month,  paj^able  at  the  same  time, 
and  in  tlie  same  manner  as  the  salaries  of  other  county  officers. 

3.  The  recorder,  eight  thousand  dollars  per  annum;  and  the  said 
recorder  may  appoint  one  chief  deputy,  which  said  office  of  chief  deputy 
recorder  is  hereby  created,  who  shall  hold  said  office  of  chief  deputy 
recorder  for  a  period  of  four  years  from  and  after  his  appointment,  and 
who  shall  receive  as  compensation  the  sum  of  twelve  hundred  dollars  per 
annum,  payable  at  the  same  time  and  in  the  same  manner  as  the  salaries 
of  other  county  officers. 

4.  The  auditor,  four  thousand  dollars  per  annum. 

5.  The  treasurer,  four  thousand   dollars  per   annum. 

6.  The  tax  collector,  seven  thousand  dollars  per  annum. 

7.  The  license  collector,  who  shall  be  appointed  by  the  board  of  super- 
A'isors,  whose  term  of  office  shall  be  for  the  period  of  four  years,  five  per 
cent  upon  the  whole  amount  of  licenses  collected  by  him. 

8.  The  assessor,  eight  thousand  seven  hundred  dollars  per  annum,  and 
the  said  assessor  may  appoint  one  chief  deputy  assessor,  and  one 
draughtsman  for  the  assessor,  which  said  officers  of  chief  deputy  assessor 
and  draughtsman  for  the  assessor  are  hereby  created,  who  shall  hold  said 
offices  of  chief  deputy  assessor  and  draughtsman  for  the  assessor,  re- 
spectively, for  the  period  of  four  years  from  and  after  their  several  ap- 
pointments, and  who  shall  receive  as  compensation  the  sum  of  twelve 
hundred  dollars  each,  per  annum,  payable  at  the  same  time  and  in  the 
same  manner  as  the  salaries  of  other  county  officers.  And  the  assessor 
may  also  appoint  each  year  two  temporary  deputies,  who  shall  serve  as 
such  during  the  months  of  March,  April,  May,  and  June,  of  the  year  for 
which  they  are  appointed,  which  said  offices  of  temporary  deputy  as- 
sessors are  hereby  created,  who  shall  receive  as  compensation  the  sum  of 
eighty  dollars  each,  per  month,  during  the  four  months  which  they  shall 
serve  as  such  deputies,  payable  at  the  same  time  and  in  the  same  manner 
as  the  salaries  of  other  county  officers. 

9.  The  district  attorney,  three  thousand  two  hundred  dollars  per  an- 
num; and  the  said  district  attorney  may  appoint  one  assistant  district 
attorney  and  one  deputy  district  attorney,  which  said  offices  of  assistant 
district  attorney  and  deputy  district  attorney  are  hereby  created.  The 
salary  of  such  assistant  district  attorney  is  hereby  fixed  at  eighteen 
hundred  dollars  per  annum,  and  the  salary  of  such  deputy  district  attor- 
ney is  hereby  fixed  at  twelve  hundred  dollars  per  annum,  such  salaries  to 
be  paid  at  the  same  time  and  in  the  same  manner  as  the  salaries  of  other 
county  officers. 

10.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be  allowed  by 
law. 

11.  The  rniblic  administrator,  such  fees  as  are  now  or  may  hereafter 
bfe  allowed  by  law. 


Act  837,  §  161  GENERAL  LAWS.  176 

12.  The  superintendent  of  scliools,  two  thousand  dollars  per  annum,  and 
actual  traveling  expenses  when  visiting  the  schools  of  his  county;  and 
the  said  superintendent  of  schools  may  appoint  one  assistant  superintend- 
ent of  schools,  which  office  of  assistant  superintendent  of  schools  is 
hereby  created,  who  shall  receive  as  compensation  the  sum  of  nine 
hundred  dollars  per  annum,  payable  at  the  same  time  and  in  the  same 
manner  as  the  salaries  of  other  county  officers. 

13.  The  county  surveyor,  the  sum  of  two  thousand  four  hundred  dollars 
per  annum;  and  said  surveyor  may  appoint  one  assistant  surveyor,  wliich 
said  office  of  assistant  surveyor  is  hereby  created,  who  shall  receive  as 
compensation  the  sum  of  twelve  hundred  dollars  per  annum,  payable  at  the 
same  time  and  in  the  same  manner  as  the  salaries  of  other  county  officers. 
All  fees  now,  or  which  may  hereafter  be,  allowed  by  law,  and  which  shall 
be  earned  by  the  county  surveyor  in  the  official  discharge  of  his  duties, 
shall  be  paid  into  the  county  treasury  for  the  benefit  of  the  county, 
accompanied  by  a  sworn  and  itemized  statement  of  such  fees  earned,  on 
or  before  the  first  Monday  of  each  month. 

14.  In  counties  of  this  class,  justices  of  the  peace  shall  receive  the 
following  salaries  for  all  services  rendered  by  them  in  criminal  cases, 
payable  monthly,  in  the  same  manner  as  the  salaries  of  county  officers 
are  paid,  viz.:  In  townships  having  a  population  of  twenty  thousand  or 
more,  one  hundred  and  fifty  dollars  per  month;  in  townships  having  a 
population  of  four  thousand  and  less  than  twenty  thousand,  one  hundred 
and  thirty-five  dollars  per  month;  in  townships  having  a  population  of 
fifteen  hundred  and  less  than  four  thousand,  sixty-five  dollars  per  month; 
in  townships  having  a  population  of  one  thousand  and  less  than  fifteen 
hundred,  fifty  dollars  per  month;  in  all  townships  having  a  population 
less  than  one  thousand,  thirty  dollars  per  month;  provided,  that  in 
townships  having  a  population  of  twenty  thousand  or  more,  there  shall  be 
two  justices  of  the  peace  in  and  for  any  such  townships,  and  such 
justices  shall  be  allowed  a  clerk,  to  be  appointed  by  the  board  of  super- 
visors at  a  salary  of  seventy-five  dollars  per  month,  payable  monthly  in 
the  same  manner  as  salaries  of  county  officers  are  paid,  and  shall  be 
furnished  with  offices  and  necessary  supplies  by  the  board  of  supervisors. 
All  fees  collected  by  justices  of  the  peace  in  criminal  cases,  shall  be  by 
them  monthly  paid  into  the  county  treasury,  accompanied  by  a  sworn 
and  itemized  statement  showing  the  amount  of  such  fees,  and  all  fees 
for  civil  cases  collected  by  justices  of  townships  with  a  less  population 
than  five  thousand  inhabitants,  shall  likewise  be  paid  into  the  county 
treasury. 

15.  Constables  shall  receive  the  following  salaries  for  all  services 
rendered  by  them  in  criminal  cases,  payable  monthly,  in  the  same  manner 
as  salaries  of  county  officers  are  paid,  viz.:  In  townships  having  a  popula- 
tion of  twenty  thousand  or  more,  one  hundred  dollars  per  month;  in 
townships  having  a  population  of  four  thousand  and  less  than  twenty 
thousand,  seventy-five  dollars  per  month;  in  townships  having  a  popula- 
tion of  fifteen  hundred  and  less  than  four  thousand,  sixty  dollars  per 
month;  in  townships  having  a  population  of  less  than  fifteen  hundred, 
forty  dollars  per  mouth.     They  shall  be  allowed  all  necessary  expenses 


177  COUNTY  GOVERNMENT.  Act  837,  §  162 

incurred  in  conveying  prisoners,  and  such  fees  as  are  now  or  may  be 
hereafter  allowed  in  civil  cases  excepting  constables  in  townships  having 
a  population  of  less  than  five  thousand  inhabitants  who  shall  not  receive 
any  fees. 

16.  Each  supervisor,  one  thousand  two  hundred  dollars  per  annum, 
and  mileage  at  ten  cents  per  mile  for  each  mile  actually  traveled  in  go- 
ing to  and  from  their  residence  to  the  county  scat,  or  in  performance 
of  the  duties  required  of  them  by  law  or  by  virtue  of  their  office;  pro- 
vided, that  in  attending  sesssions  of  the  board  only  four  mileages  shall 
be  allowed  for  each  month,  and  that  the  total  mileage  allowed  shall  not 
exceed  one  hundred  dollars  in  any  one  month;  and  in  counties  of  this 
class  the  members  of  the  board  of  supervisors  shall  be  ex  officio  road 
commissioners,  and  as  such  road  commissioner  shall  be  paid  the  sum  of 
five  hundred  dollars  per  annum  each.  [Amendment  approved  March  16, 
1903.     Stats.  1903,  p.  168.     In  effect  immediately.] 

§  162.  In  counties  of  the  fifth  class  the  county  officers  shall  receive 
as  compensation  for  the  services  required  of  them  by  law,  or  by  virtue 
of  their   office,   the   following   salaries,   to   wit: 

1.  The  county  clerk,  three  thousand  dollars  per  annum.  He  shall  ap- 
point one  chief  deputy,  at  a  salary  of  eighteen  hundred  dollars  per  an- 
num; two  additional  deputies  at  a  salary  of  twelve  hundred  dollars  each 
per  annum,  and  three  courtroom  clerks  at  a  salary  of  one  thousand  five 
hundred  dollars  each  per  annum,  and  a  deputy  or  deputies  not  to  exceed 
five,  tor  the  purpose  of  registering  electors,  to  be  paid  not  to  exceed  four 
dollars  per  diem  each,  provided,  that  said  deputies  so  employed  for 
registering  electors  shall  not  be  employed  except  during  a  year  when  a 
general  election  is  to  be  held  throughout  the  state  and  then  only  between 
the  first  day  of  June  and  the  fifteenth  day  of  November  of  said  year; 
and  such  deputies  as  may  be  needed  for  the  purpose  of  registering 
electors  in  precincts  outside  of  the  corporate  limits  of  the  city  of  Sacra- 
mento in  said  county,  who  shall  be  paid  fifteen  cents  per  name  for  each 
person  legally  registered  by  them.  The  salaries  and  compensation  of 
each  of  said  deputies  and  clerks  to  be  paid  out  of  the  county  treasury  in 
equal  monthly  installments  in  the  same  manner  and  at  the  same  time  as 
other  county  officials  are  paid. 

2.  The  sheriff  shall  receive  three  thousand  six  hundred  dollars  per 
annum  salary.  The  sheriff  shall  also  receive  for  his  own  use  the  fees  for 
mileage  which  are  now,  or  which  may  hereafter,  be  allowed  by  law,  and 
the  fees  and  commissions  for  the  service  of  all  papers  whatsoever  issued 
by  any  court  of  the  state  outside  of  this  county,  and  shall  also  receive 
his  necessary  expenses  in  all  criminal  cases.  The  sheriff  shall  also  be 
paid  twelve  and  one-half  cents  per  meal  each  for  all  meals  furnished 
prisoners  confined  in  the  county  jail.  The  sheriff  shall  have  one  under 
sheriff  at  a  salary  of  one  thousand  five  hundred  dollars  per  annum,  two 
jailers  at  a  salary  of  twelve  hundred  dollars  per  annum  each,  and  three 
court  bailiffs,  or  deputies,  at  a  salary  of  twelve  hundred  dollars  per 
annum  each.     All  deputies  herein  mentioned  shall  be  appointed  by  the 

Gen.  Laws — 12 


Act  837,  §  162  GENERAL  LAWS.  178 

sheriff,  and  paid   at  the   same   time   and   manner  that  their  principal   is 
paid. 

3.  The  recorder,  three  thousand  dollars  per  annum.  The  recorder  mny 
appoint  one  chief  deputy  at  a  salary  of  fifteen  hundred  dollars  per 
annum;  one  mortgage  clerk,  at  a  salary  of  twelve  hundrod  dollars  per 
annum;  one  index  clerk,  at  a  salary  of  twelve  hundred  dollars  per  an- 
num. Said  recorder  may  also  appoint  such  copyists,  not  to  exceed  three, 
as  may  be  required  for  the  recording  of  all  papers,  notices  or  documents 
in  his  office,  who  shall  receive  as  compensation  for  their  services,  the 
sum  of  twelve  hundred  dollars  each  per  annum.  The  salaries  and  com- 
pensation of  all  deputies  and  copyists  herein  provided  for,  each  of  whom 
shall  be  a  deputy  county  recorder,  shall  be  paid  by  said  county  in 
monthly  installments,  at  the  same  time  and  in  the  same  manner  and  out 
of  the  same  fund  as  the  salary  of  the  county  recorder  is  paid. 

4.  The  auditor,  three  thousand  dollars  per  annum;  provided,  that  in 
counties  of  this  class  there  shall  be,  and  is,  hereby  allowed  to  the  auditor 
one  deputy,  who  shall  be  appointed  by  the  auditor  of  said  county  and 
whose  salary  is  hereby  fixed  at  fifteen  hundred  dollars  per  annum,  and 
such  additional  assistants  as  the  auditor  may  require,  and  whose  com- 
pensation shall  not  exceed  the  sum  of  five  hundred  dollars  per  annum, 
in  the  aggregate,  for  all  assistants  so  employed,  and  provided,  that  the 
auditor  shall  file  with  the  county  clerk  a  verified  stntemcnt,  showing  in 
detail  the  amounts  paid  and  the  persons  to  whom  such  compensation  has 
been  paid  for  such  additional  assistance  as  aforesaid.  The  salaries  herein 
provided  for  shall  be  paid  by  the  said  county  in  equal  monthly  install- 
ments, at  the  same  time,  and  in  the  same  manner,  and  out  of  the  same 
fund  as  the  salary  of  the  auditor. 

5.  The  treasurer,  three  thousand  four  hundred  dollars  per  annum. 

6.  The  tax  collector,  two  thousand  five  hundred  dollars  per  annum; 
provided  that  he  shall  have  such  assistants  as  he  may  require,  whose  com- 
pensation, which  shall  be  paid  by  the  county,  shall  not  exceed  the  sum 
of  five  hundred  dollars  per  annum  in  the  aggregate. 

7.  The  license  collector,  one  thousand  eight  hundred  dollars  per  annum. 

8.  The  assessor,  three  thousand  six  hundred  dollars  per  annum;  pro- 
vided, that  in  counties  of  this  class  there  shall  be,  and  there  is,  hereby 
allowed  to  the  assessor,  the  following  deputies,  who  shall  be  appointed 
by  the  assessor,  and  shall  be  paid  salaries  as  follows:  One  chief  deputy 
assessor,  at  eighteen  hundred  dollars  per  annum;  one  office  deputy  as- 
sessor, at  fifteen  hundred  dollars  per  annum;  one  mortgage  and  transfer 
deputy  assessor,  at  nine  hundred  dollars  per  annum;  four  field  deputy 
assessors,  for  not  exceeding  four  months  in  any  one  year,  at  a  salary  of 
one  hundred  and  twenty-five  dollars  each  per  month;  eight  field  deputy  as- 
sessors for  not  exceeding  four  months  in  any  one  year,  at  a  salary  of 
one  hundred  dollars  per  month  each;  and  such  additional  assistance  as 
the  assessor  may  require,  and  whose  compensation  shall  not  in  the  aggre- 
gate exceed  the  sum  of  six  hundred  dollars  per  annum;  and  provided, 
that  the  assessor  shall  file  with  the  county  auditor  a  verified  statement 
showing  in  detail  the  amounts  paid  and  the  persons  to  whom  such  com- 
pensation is  paid  for  such  extra  assistance,  as  aforesaid.     The  salaries  of 


179  COUNTY  GOVERNMENT.  Act  837,  §  162 

the  chief  deputy  assessor,  ofQee  deputy  assessor,  mortgage  and  transfer 
deputy  assessor  aud  field  deputy  assessors  herein  provided  for  shall  be 
paid  by  the  said  county  in  monthly  installments,  at  the  same  time  and  in 
the  same  manner  and  out  of  the  same  fund  as  the  salary  of  the  assessor 
is  paid.  It  is  hereby  further  provided,  that  in  counties  of  this  class  the 
assessor  shall  receive  no  commission  for  his  collection  of  taxes  on  per- 
sonal property,  nor  shall  such  assessor  receive  any  compensation  or  com- 
mission for  the  collection  of  poll  taxes  or  road  poll  taxes. 

9.  The  district  attorney,  three  thousand  six  hundred  dollars  per  annum. 
In  counties  of  this  class,  the  district  attorney  may  appoint  an  assistant 
district  attorney,  which  office  is  hereby  created,  vpho  shall  receive  as  com- 
pensation for  his  services  the  sum  of  two  thousand  four  hundred  dollars 
per  annum,  to  be  paid  out  of  the  county  treasury  in  equal  mouthly  in- 
stallments in  the  same  manner,  and  at  the  same  time  other  county  offi- 
cials are  paid.  In  counties  of  this  class  the  district  attorney  may  ap- 
point a  deputy  district  attorney,  which  office  is  hereby  created,  who  shall 
receive  as  compensation  for  his  services  the  sum  of  one  thousand  eight 
hundred  dollars  per  annum,  to  be  paid  out  of  the  county  treasury  in 
equal  mouthly  installments  in  the  same  manner,  and  at  the  same  time 
other  county  officials  are  paid.  In  counties  of  this  class,  the  district 
attorney  may  appoint  a  clerk  for  service  in  his  office,  which  office  of 
clerk  to  the  district  attorney  is  hereby  created,  and  said  clerk  shall  re- 
ceive as  compensation  for  his  services,  the  sum  of  one  thousand  two  hun- 
dred dollars  per  annum,  to  be  paid  out  of  the  county  treasury  in  equal 
monthly  installments  in  the  same  manner  and  at  the  same  time  other 
county  officials  are  paid. 

10.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed 
by  law;  provided,  the  coroner  or  other  officer  holding  an  inquest  upon 
the  body  of  a  deceased  person,  may  subpoena  a  chemist  to  make  an 
analysis  of  the  contents  of  the  stomach  or  the  tissues  of  the  body,  or  a 
physician  or  surgeon  to  inspect  the  body,  or  hold  a  post-mortem  exam- 
ination of  the  deceased,  and  give  a  professional  opinion  as  to  the  cause 
of  death;  and  shall  cause  the  testimony  of  all  the  witnesses  at  such 
inquest  to  be  reduced  to  writing  under  his  directions  and  may  require 
one  of  the  official  reporters  to  act  as  clerk,  or  stenographer  for  such 
purpose,  and  in  case  any  of  such  reporters  should  refuse  or  be  unable 
to  attend,  may  employ  a  stenographer  for  that  purpose  at  the  same 
compensation  allowed  to  stenographers  of  the  superior  court  of  the 
county,  such  amount  to  be  deducted  from  the  salary  of  the  official  re- 
porter in  default. 

11.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

12.  The"  superintendent  of  schools,  two  thousand  dollars  per  annum, 
and  actual  traveling  expenses  when  visiting  schools  of  his  county,  not 
exceeding  three  hundred  dollars  per  annum;  and  the  said  superintendent 
of  schools  may  appoint  one  assistant  superintendent  of  schools,  which 
office  of  assistant  superintendent  of  schools  is  hereby  created,  who  shall 
receive  as  compensation  the  sum  of  one  thousand  two  hundred  dollars 
per  annum,  payable  at  the  same  time  and  in  the  same  manner  as  the 


Act  837,  §  162  GENERAL  LAWS.  180 

salaries  of  other  county  officers  are  paid.  Each  member  of  the  board  of 
education  shall  receive  five  dollars  per  day  as  compensation  for  his  ser- 
vices when  in  actual  attendance  upon  said  board,  and  mileage  at  the 
rate  of  twenty  cents  per  mile,  one  way  only,  from  his  residence  to  the 
place  of  meeting  of  said  board.  The  secretary  of  said  board  of  education 
shall  receive  five  dollars  per  day  for  his  services  for  the  actual  time  that 
the  board  may  be  in  session.  Said  compensation  of  the  members  of  the 
said  board  and  of  said  secretary  shall  be  paid  out  of  the  same  fund 
as  the  salary  of  the  superintendent  of  schools.  Claims  of  such  service 
and  mileage  shall  be  presented  to  the  board  of  supervisors  and  shall 
be  allowed,  at  the  rate  above  named,  and  in  the  manner  as  other  claims 
against  the  county  are  allowed.  The  compensation  of  members  of  the 
county  board  of  education  herein  provided  is  not  in  addition  to  that  pro- 
vided in  section  seventeen  hundred  and  seventy  of  the  Political  Code. 

13.  The  surveyor,  two  thousand  four  hundred  dollars  per  annum,  and 
in  addition  thereto  all  necessary  expenses  and  transportation  for  work 
performed  on  the  field;  provided,  that  in  counties  of  this  class,  whenever 
the  board  of  supervisors  shall  order,  or  the  assessor  may  require,  as- 
sessor's map  or  block  books,  then  the  surveyor  shall  receive,  in  addition 
to  the  salary  hereinabove  noted,  the  sum  of  nine  hundred  dollars  for  the 
preparation  and  completion  of  the  said  map  or  block  books. 

14.  Justices  of  the  peace,  such  fees  as  are  or  may  be  hereinafter 
allowed  by  law,  except  that  the  justices  of  the  peace  in  townships  con- 
taining twenty  thousand  or  more  inhabitants  shall  be  allowed  a  salary 
of  one  hundred  dollars  per  month  each  in  lieu  of  all  fees  in  criminal 
cases;  provided,  however,  that  justices  of  the  peace  in  townships  con- 
tiguous to  municipalities  containing  twenty-five  thousand  or  more  inhab- 
itants, or  in  which  a  state  penal  institution  is  located,  shall  be  allowed 
a  salary  of  seventy-five  dollars  per  month  each  in  lieu  of  all  fees  in 
criminal  cases;  the  salary  of  the  justices  of  the  peace  as  above  provided, 
to  be  paid  at  the  same  time,  and  in  the  same  manner  as  county  officers 
are  paid. 

15.  Constables,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law,  except  that  the  constables  in  townships  containing  twenty  thousand 
or  more  inhabitants  shall  be  allowed  a  salary  of  one  hundred  dollars  per 
month  each,  in  lieu  of  all  fees  in  criminal  cases;  provided,  however,  that 
constables  in  townships  contiguous  to  municipalities  containing  twenty- 
five  thousand  or  more  inhabitants,  or  in  which  a  state  penal  institution  is 
located,  shall  be  allowed  a  salary  of  seventy-five  dollars  per  month  each, 
and  fifteen  cents  per  mile  for  every  mile  actually  traveled  in  taking 
prisoners  to  the  county  jail,  in  lieu  of  all  fees  in  criminal  cases,  provided, 
however,  that  constables  in  townships  not  contiguous  to  municipalities 
containing  twenty-five  thousand  or  more  inhabitants  and  constables  in 
townships  in  which  a  state  penal  institution  is  not  located  shall  receive 
in  addition  to  the  fees  now  provided  by  law  three  dollars  per  diem 
for  each  day  in  actual  attendance  on  the  court  in  criminal  cases,  and 
fifteen  cents  per  mile  for  every  mile  actually  traveled  in  taking  prisoners 
to  the  county  jail.  The  salary  of  the  constables  as  above  provided  to 
be  paid  at  the  same  time  and  in  the  same  manner  as  county  officers  are 
paid. 


181  COUNTY  GOVERNMENT.  Act  837.  §  163 

16.  Each  supervisor,  one  hundred  and  twenty-five  dollars  per  month, 
and  ten  cents  per  mile  for  traveling  to  and  from  the  county  seat;  pro- 
vided, mileage  shall  not  be  allowed  oftener  than  once  in  each  month. 

17.  From  and  after  the  first  Monday  in  January,  nineteen  hundred  and 
three,  the  offices  of  recorder  and  auditor  shall  be  separate  and  shall  not 
be  consolidated  by  the  board  of  supervisors. 

18.  Tor  attending  as  a  juror  in  the  superior  court,  for  each  day's  attend- 
ance, per  day,  three  dollars.  For  each  mile  actually  traveled  in  attending 
court  as  a  juror,  in  going  only,  per  mile,  twenty-five  cents.  [Amendment 
approved  March  20,  1905.     Stats.  1905,  p.  477.     In  effect  in  sixty  days.] 

§  163.  In  counties  of  the  sixth  class  the  county  officers  shall  receive, 
as  compensation  for  the  services  required  of  them  by  law  or  by  virtue 
of  their  office,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  five  thousand  nine  hundred  dollars  per  annum; 
provided,  that  he  shall  appoint  one  chief  deputy,  at  a  salary  of  twelve 
hundred  dollars  per  annum,  two  courtroom  deputies,  at  salary  of  nine 
hundred  dollars  per  annum  each,  and  one  deputy  at  a  salary  of  nine 
hundred  dollars  per  annum.  The  salaries  of  said  four  deputies  shall  be 
paid  by  said  county  clerk  out  of  said  five  thousand  nine  hundred  dollars 
compensation  above  named. 

2.  The  sheriff,  sixty-two  hundred  dollars  per  annum;  provided,  that  he 
shall  appoint  one  under-sheriff,  at  a  salary  of  fifteen  hundred  dollars  per 
annum,  and  three  deputy  sheriffs,  at  a  salary  of  nine  hundred  dollars  per 
annum  each.  The  salary  of  said  under-sheriff  and  deputies  shall  be  paid 
by  said  sheriff  out  of  said  sixty-two  hundred  dollars  compensation  above 
named.  The  sheriff  shall  also  receive,  as  compensation  for  traveling,  to 
be  coinputed  in  all  eases  from  the  courthouse,  to  serve  any  summons  and 
complaint,  or  any  other  process  by  which  an  action  or  proceeding  is  com- 
menced, notice,  rule  order,  subpoena,  attachment  on  property,  to  levy  an 
execution,  post  notice  of  sale,  to  sell  property  under  execution  or  other 
order  of  sale,  to  execute  an  order  for  the  delivery  of  personal  property, 
writ  of  possession  or  restitution,  to  hold  inquest  or  trial  of  right  of 
property,  in  executing  writ  of  habeas  corpus,  or  collecting  taxes,  twenty 
cents  for  each  mile,  one  way  only,  to  be  computed  over  the  nearest  and 
most  practicable  route,  between  the  courthouse  and  the  place  of  service; 
provided,  that  if  any  two  or  more  papers  be  required  to  be  served  in 
the  same  suit,  at  the  same  time,  and  in  the  same  direction,  one  mileage 
only  shall  be  charged  to  the  most  distant  points  to  complete  such  service, 
which  distance  shall,  in  all  cases,  be  estimated  by  the  nearest  practicable 
route. 

3.  The  recorder,  five  thousand  six  hundred  dollars  per  annum;  provided, 
that  the  recorder  shall  appoint  four  copyists  at  a  salary  of  nine  hundred 
dollars  per  annum,  each;  which  salary  of  said  four  copyists  shall  be  paid 
by  said  recorder  out  of  said  sum  of  five  thousand  six  huudred  dollars 
compensation  above  named;  and  provided,  further,  that  said  copyists  be- 
ing eligible  may  be  appointed  deputies  of  said  recorder  without  further 
compensation. 

4.  The  auditor,  two  thousand  four  hundred  dollars  per  annum;  pro- 
vided, that  the  expenses  iucurred  in  making  extensions  of  assessment 


Act  837,  §  163  GENERAL  LAWS,  182 

and  tax  rolls  shall  be  paid  out  of  said  sum  of  two  thousand  four  hundred 
dollars  compensation  above  mentioned. 

5.  The  treasurer,  two  thousand  dollars  per  annum,  and  such  fees  as  are 
now  or  may  hereafter  be  allowed  by  law. 

6.  The  tax  collector,  three  thousand  dollars  per  annum,  and  such  fees 
as  are  now  or  may  be  hereafter  allowed  him  by  law  for  the  collection  of 
all  county  licenses;  provided,  that  the  tax  collector  shall  appoint  as  many 
fleputies  as  may  be  necessary,  all  of  which  deputies'  salaries  shall  be 
paid  out  of  the  compensation  above  named. 

7.  The  assessor,  four  thousand  two  hundred  dollars  per  annum;  pro- 
vided, that  the  assessor  shall  appoint  one  chief  depiTty,  at  a  salary  of 
twelve  hundred  dollars  per  annum,  and  as  many  deputy  assessors  as  may 
be  necessary,  all  of  which  deputies'  salaries  shall  be  paid  by  the  said 
assessor  out  of  said  four  thousand  two  hundred  dollars  compensation 
above  mentioned. 

8.  The  district  attorney,  two  thousand  four  hundred  dollars  per  annum, 
and  one  assistant  district  attorney,  at  a  salarj'-  of  fifteen  hundred  dollars 
per  annum,  to  be  paid  at  the  same  time  and  in  the  same  manner  as 
county  officers  are  paid;  said  assistant  district  attorney  allowed  in  lieu 
of  the  assistant  district  attorney  allowed  by  virtue  of  subdivision  thirty- 
six  of  section  twenty-five  of  an  act  entitled  "An  act  to  establish  a  uni- 
form system  of  county  and  township  governments,"  approved  March 
twenty-fourth,  eighteen  hundred  and  ninety-three. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

11.  The  superintendent  of  schools,  two  thousand  dollars  per,  annum, 
and  actual  traveling  expenses  when  visiting  the  schools  of  his  county; 
provided,  said  superintendent  of  schools  may  appoint  a  deputy  at  a 
salary  of  nine  hundred  dollars  per  annum,  payable  at  same  time  and  in 
same  manner  as  salaries  of  other  county  officers  are  paid. 

12.  The  surveyor  shall  receive  one  thousand  eight  hundred  dollars  per 
annum  for  all  work  performed  for  the  county,  and  in  addition  thereto 
all  necessary  and  actual  traveling  expenses  incurred  in  connection  with 
field  work,  and  all  fees  allowed  by  law;  provided,  that  out  of  the  com- 
pensation hereinabove  provided  he  shall  pay  the  cost  of  plotting,  tracing 
or  otherwise  preparing  maps.,  plats  or  block  books,  and  shall  procure  the 
necessary  data  therefor,  for  use  of  the  county  assessor;  provided  further, 
that  the  fees  for  land  surveys,  except  when  done  for  the  county,  shall  be 
ten  dollars  per  day,  or  fraction  thereof,  and  in  addition  thereto  all  neces- 
sary and  actual  traveling  expenses.  He  shall  appoint  a  deputy  at  a 
salary  of  nine  hundred  dollars  per  annum,  payable  at  the  same  time  and 
in  the  same  manner  as  county  officers  are  paid. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

15.  Each  member  of  the  board  of  supervisors,  for  all  services  required 
of  them  by  law,  or  by  virtue  of  their  office,  except  as  road  commissioners, 


188  COUNTY  GOVERNMENT.  Act  837,  §  164 

shall  be  allowed  six  dollars  per  day,  and  thirty  cents  per  mile  in  travel- 
ing from  their  place  of  residence  to  the  courthouse;  provided,  that  only 
one  mileage  must  be  allowed  at  each  term;  and  provided  further,  that  no 
supervisor  must  be  allowed  more  than  one  day's  paj'  for  any  one  day, 
by  reason  of  his  being  on  the  committees  appointed  by  the  board  of 
supervisors,  or  for  any  other  cause;  provided,  that  in  no  case  shall  the 
per  diem  of  the  supervisors,  as  supervisors,  exceed  eight  hundred  dollars 
each  in  one  year.  Each  supervisor  shall  receive  for  his  services  as  road 
commissioner,  thirty  cents  per  mile,  one  way,  for  all  distances  actually 
traveled  by  him  in  the  performance  of  his  duties;  provided,  that  he  shall 
not  in  any  one  year,  receive  more  than  four  hundred  dollars  as  such 
road  commissioner.  [Amendment  approved  March  20,  1905.  Stats.  1905, 
p.  504.  In  effect  on  the  first  Monday  after  the  first  day  of  Januarv, 
1907.] 

§  164.  In  counties  of  the  seventh  class  the  county  officers  shall  receive 
as  compensation  for  the  services  required  of  them  by  law  or  by  virtue 
of  their  offices,  the  following  salaries,  to  wit: 

1.  The  county  clerk  two  thousand  four  hundred  dollars  ($2,400)  per 
annum.  He  shall  have  one  deputy  at  a  salary  of  thirteen  hundred  eighty 
dollars  ($1380)  per  annum;  one  deputy  at  a  salary  of  twelve  hundred 
dollars  ($1200),  and  three  deputies  at  salaries  of  ten  hundred  and  twenty 
dollars  ($1020)  per  annum  each,  and  one  at  a  salary  of  seven  hundred 
and  twenty  dollars  ($720)  per  annum. 

2.  The  sheriff  fifty-four  hundred  dollars  ($5400)  per  annum  and  all  fees 
for  service  of  processes  issued  without  his  county.  He  shall  have  an 
under-sheriff  whose  annual  salary  shall  be  thirteen  hundred  eighty 
dollars  ($1380),  two  deputies  whose  annual  salaries  shall  be  twelve  hun- 
dred ($1200)  each,  one  deputy  whose  salary  shall  be  eleven  hundred  and 
forty  dollars  per  annum  and  three  deputies  whose  annual  salaries  shall  be 
ten  hundred  and  twenty  dollars  ($1020)  each. 

3.  The  recorder  twentj^-one  hundred  dollars  ($2100)  per  annum.  He 
shall  have  one  deputy  whose  annual  salary  shall  be  thirteen  hundred 
eighty  dollars  ($1380),  and  two  deputies  whose  annual  salaries  shall  be 
ten  hundred  and  twenty  dollars  ($1020)  each,  and  one  deputy  for  a  period 
of  four  months  at  seventy-five  dollars  ($75)  per  month,  he  shall  have 
such  copyists  as  are  necessary  to  perform  the  duties  of  the  office  at  a 
compensation  not  to  exceed  six  cents  per  folio. 

4.  The  auditor  twenty-one  hundred  ($2100)  dollars  per  annum,  and  one 
deputy  at  an  annual  salary  of  thirteen  hundred  eighty  dollars  ($1380) 
and  one  clerk  at  an  annual  salary  of  ten  hundred  and  twenty  dollars 
($1020), 

5.  The  treasurer  twenty-five  hundred  dollars  ($2500)  per  annum.  He 
shall  have  a  deputy  at  a  salary  of  thirteen  hundred  eighty  dollars  ($1380) 
per  annum. 

6.  The  tax  collector,  twenty-one  hundred  dollars  ($2100)  per  annum. 
He  shall  have  one  deputy  who  shall  receive  thirteen  hundred  eighty 
dollars  ($1380)  per  annum,  and  three  deputies  at  an  annual  salary  of 
ten  hundred  and  twenty  dollars  ($1020)  each.  No  other  fees  or  com- 
pensation other  than  the  compensation  provided  for  in  this  section  shall 
be  allowed  the  tax  collector  for  the  collection  of  license,  and  all  license 


Act  837,  §  164  GENERAL  LAWS.  184 

or  other  fees  collected  shall  be  paid  into  the  county  treasury  monthly, 
rendering  therewith  a  statement  of  the  license  or  other  fees  collected. 
He  shall  be  allowed  actual  traveling  expenses  in  the  collection  of  said 
license  fees,  the  same  to  be  audited  by  the  board  of  supervisors  and 
paid  the  same  as  other  bills  against  the  county  are  paid. 

7.  The  assessor  shall  receive  three  thousand  dollars  ($3,000)  per  annum, 
for  all  services  rendered  as  assessor.  He  shall  have  one  deputy  at  an 
annual  salary  of  thirteen  hundred  eighty  dollars  ($1,380)  and  ten  deputies 
for  three  months  whose  per  diem  shall  be  four  dollars  ($4)  each  when 
actually  employed,  and  four  deputies  for  four  months  whose  per  diem 
shall  be  four  dollars  ($4)  each  when  actually  employed.  He  shall 
have  four  copyists  for  a  period  of  four  months  each,  at  fifty  dollars 
($50)  per  month  each  during  such  time.  All  sums  collected  by  the 
assessor  or  his  deputies  either  as  personal  property  taxes,  poll  or  road 
taxes,  or  the  fees  allowed  by  law  for  the  making  of  the  military  roll 
shall  be  paid  into  the  county  treasury  monthly  as  collected,  with  a  state- 
ment of  account  of  such  collections. 

8.  The  district  attorney  three  thousand  dollars  ($3,000)  per  annum. 
He  shall  have  one  deputy  at  a  salary  of  eighteen  hundred  dollars  ($1800) 
per  annum,  and  one  deputy  at  a  salary  of  twelve  hundred  dollars  ($1200) 
per  annum.  He  shall  also  have  a  stenographer  at  an  annual  salary  of 
nine  hundred  dollars  ($900). 

9.  The  coroner  such  fees  as  are  now  or  may  hereafter  be  allowed  by 
law. 

10.  The  public  administrator  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law. 

11.  The  superintendent  of  schools  twenty-one  hundred  dollars  ($2100) 
per  annum  for  all  services  rendered  as  such.  He  shall  have  one  deputy 
at  an  annual  salary  of  twelve  hundred  dollars  ($1200).  The  superin- 
tendent shall  also  be  allowed  actual  traveling  expenses  when  visiting 
the  schools  of  his  county. 

12.  The  surveyor  two  thousand  dollars  ($2,000)  per  annum  in  full 
compensation  for  all  services  as  county  surveyor  as  road  viewer  and 
road  inspector  and  his  actual  expenses  when  at  work  in  the  field.  He 
shall  have  one  deputy  at  an  annual  salary  of  nine  hundred  and  sixty 
dollars  ($960). 

13.  (a)  The  registered  population  of  the  several  judicial  townships 
of  this  county  is  hereby  determined  to  be  the  registered  vote  as  shown 
by  the  great  register  of  the  county  in  the  office  of  the  county  clerk. 
The  salaries  of  the  several  township  oflScers  shall  be  determined  by  the 
registered  voting  population  as  shown  by  said  register  at  the  general 
election  of  the  preceding  even  numbered  year,  and  are  as  follows,  to  wit: 

Judicial  Township  No.  1 275  (Firebaugh) 

Judicial  Township  No.  2 621  (Clovis) 

Judicial  Township  No.  3 5618  (Fresno) 

Judicial  Township  No.  4 822  (Fowler) 

Judicial  Township  No.  5 827  (Selma) 

Judicial  Township  No.  6 542  (Coalinga) 

Judicial  Township  No.  7 953  (Sanger) 


185  COUNTY  GOVERNMENT.  Act  837,  §  164 

Judicial  Township  No.     8 512   (Eeedley) 

Judicial  Township  No.     9 283   (Kiugsburg) 

Judicial  Township  No.  10 466   (Letcher) 

Judicial  Township  No.  11 67   (Lemoore) 

Judicial  Township  No.  12 73   (Polasky) 

Judicial  Township  No.  13 322   (Laton) 

(b)  For  the  purpose  of  regulating  the  compensation  of  justices  of  the 
peace  and  persons  performing  the  duties  of  justice  of  the  peace,  and 
constables,  townships  of  this  class  of  counties  are  hereby  classified  ac- 
cording to  the  registered  voting  population  as  shown  by  the  great  reg- 
ister of  the  county. 

Townships  having  a  registered  voting  population  of  5,000  and  more 
shall  belong  to  and  known  as  townships  of  the  fifth  class;  township?; 
having  a  like  population  of  1,000  and  less  than  5,000  shall  belong  to  and 
be  known  as  townships  of  the  second  class;  townships  having  a  like 
population  of  800  and  less  than  1,000  shall  belong  to  and  be  known  as 
townships  of  the  third  class;  townships  having  a  like  population  of  500 
and  less  than  800  shall  belong  to  and  be  known  as  townships  of  the 
fourth  class;  townships  having  a  like  population  of  250  and  less  than  500 
shall  belong  to  and  be  known  as  townships  of  the  fifth  class;  townships 
having  a  like  population  of  250  and  less  shall  belong  to  and  be  known  as 
townships  of  the  sixth  class. 

(c)  .Justices  of  the  peace  and  persons  performing  duties  of  justices  of 
the  peace  shall  receive  the  following  monthly  salaries  to  be  paid  eafih 
month  as  the  county  ofl^cers  are  paid,  and  the  same  shall  be  in  full  com- 
pensation for  all  services  rendered  in  criminal  cases,  and  shall  include 
their  office  rent,  to  wit: 

In  townships  of  the  first  class,  one  hundred  and  seventy -five  dollars. 

In  townships  of  the  second  class,  one  hundred  dollars. 

In  townships  of  the  third  class,  eighty  dollars. 

In  townships  of  the  fourth  class,  sixty  dollars. 

In  townships  of  the  fifth  class,  forty  dollars. 

In  townships  of  the  sixth  class,  twenty  dollars. 

In  addition  to  the  monthly  salaries  herein  allowed  each  justice  of  the 
peace  may  receive  and  retain  for  his  own  use,  such  fees  as  are  now  or 
may  hereafter  be  allowed  by  law  for  all  services  rendered  by  him  in 
civil  actions.  Each  justice  of  the  peace  must  pay  into  the  county  trsas- 
ury  once  a  month,  all  fines  collected  by  him. 

14.  Constables  shall  receive  the  following  monthly  salaries,  to  be  paid 
each  month  as  the  county  officers  are  paid,  and  shall  be  in  full  com- 
pensation for  all  services  rendered  by  them  in  criminal  cases,  to  wit: 

In  townships  of  the  first  class,  one  hundred  dollars. 

In  townships  of  the  second  class,  ninety  dollars. 

In  townships  of  the  third  class,  eighty  dollars. 

In  townships  of  the  fourth  class,  sixty  dollars. 

In  townships  of  the  fifth  class,  forty  dollars. 

In  townships  of  the  sixth   class,  twenty  dollars. 

In  addition  to  the  monthly  salaries  herein  allowed  each  constable  wa-y 
receive  and  retain  for  his  own  use,  such  fees  as  are  now  or  may  here?/ter 


Act  837,  §  165  GENERAL   LAWS.  186 

be  allowed  by  law  for  all  services  rendered  by  him  in  civil  action;  and 
shall  be  also  allowed  all  necessary  expenses  actually  incurred  in  arresting 
and  conveying  prisoners  to  court  or  prison,  which  expenses  shall  be 
audited  by  the  board  of  supervisors  and  paid  out  of  the  county  treasury; 
provided,  further,  that  when  any  constable  is  required  to  go  out  of  his 
own  county  to  serve  a  warrant  of  arrest,  or  any  other  paper  in  a  crim- 
inal case,  he  shall  be  allowed  mileage  in  going  and  returning  outside  of 
his  own  country  at  the  rate  of  live  cents  per  mile. 

15.  The  supervisors  shall  receive  each  the  sum  of  fifteen  hundred  dol- 
lars per  annum,  paid  monthly  in  installments  of  one  hundred  and  twenty- 
five  dollars  per  month,  in  full  compensation  for  all  services  rendered 
either  as  supervisors  or  road  overseers. 

16.  Jurors'  fees  in  criminal  cases  shall  be  as  follows:  For  attending  as 
a  grand  juror  or  a  trial  juror  in  the  superior  court,  in  criminal  cases 
only,  for  each  day's  attendance,  per  day  three  dollars,  for  each  mile 
actually  traveled  in  attending  court  as  such  juror  under  summons  or 
under  order  of  court,  in  criminal  eases,  in  going  only,  per  mile,  fifteen 
cents,  and  the  county  clerk  shall  certify  to  the  auditor  the  number  of 
days'  attendance  and  number  of  miles  tr.aveled  by  each  juror,  and  the 
auditor  shall  then  draw  his  warrant  there5;or  and  the  treasurer  shall  pay 
the   same. 

17.  The  salaries  of  all  county  and  township  oflBcers  shall  be  paj^able  in 
installments  monthly  on  the  first  day  of  each  month.  [Amendment  ap- 
proved March   20,   1895,     Stats.   1905,  p.  435.     In   effect  sixty  days.] 

§  165.  In  counties  of  the  eighth  class,  the  county  officers  shall  receive 
as  compensation  for  the  services  required  of  them  by  law,  or  by  virtue 
of  their  office,  the  following  salaries,   to   wit: 

1.  The  county  clerk,  three  thousand  dollars  per  annum. 

2.  The  sheriff,  three  thousand  dollars  per  annum;  the  sheriff  shall  also 
receive  for  his  own  use  and  benefit  the  fees  for  mileage  w^hich  are  now 
or  which  may  hereafter  be  allowed  by  law,  and  the  fees  or  commissions 
for  the  service  of  all  papers  whatsoever  issued  by  any  court  of  the  state 
outside  of  his  county;  and  shall  also  receive  his  necessary  expenses  in  all 
criminal  cases. 

3.  The  recorder,  two   thousand   dollars  per  annum, 

4.  The  auditor,  one  thousand  dollars  per  annum. 

5.  The  treasurer,  two  thousand  dollars  per  annum,  and  such  commis- 
sions as  are  now  or  may  hereafter  be  allowed  by  law. 

6.  The  tax  collector,  one  thousand  dollars  per  annum,  and  ten  per  cent 
on  all  licenses  collected,  which  shall  be  in  full  for  all  services  as  tax  . 
collector  and  license  collector. 

7.  The  assessor,  eleven  thousand  five  hundred  dollars  per  annum;  the 
assessor  shall  turn  over  to  the  county  all  fees  and  commissions  for  the 
collection  of  poll  tax,  personal  property  tax  and  for  making  up  the  mil- 
itary roll.  The  assessor  shall  make  all  maps  and  plats  and  shall  bind  in 
book  form,  alphabetically  arranged,  all  assessment  lists;  provided,  there 
shall  be  no  charge  against  the  county  for  the  making  of  said  maps,  plats, 
and  said  binding,  except  for  the  material  furnished  in  the  making  of 
said  maps  and  plats  and  binding  of  said  assessment  lists. 


187  COUNTY  GOVERNMENT.  Act  837.  §  165 

8.  The  district  attorney,  three  thousand  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

11.  The  superintendent  of  schools,  twenty-four  hundred  dollars  per  an- 
num, and  actual  traveling  expenses  when  visiting  the  schools  of  his 
county,  said  expenses  not  to  exceed  six  hundred  dollars  in  one  year. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

13.  Justices  of  the  peace  shall  receive  the  following  salaries  for  all 
services  rendered  by  them  in  criminal  cases,  payable  in  the  same  manner 
as  county  officers  are  paid,  viz.: 

In  townships  having  a  population  of  fourteen  thousand  or  more,  one 
hundred  dollars  per  month;  in  townships  having  a  population  of  not  less 
than  five  thousand  nor  more  than  fourteen  thousand,  sixty-five  dollars  per 
month;  in  townships  having  a  population  of  not  less  than  three  thousand 
nor  more  than  five  thousand,  fifty  dollars  per  month;  in  townships  having 
a  population  of  not  less  than  two  thousand  nor  more  than  three  thousand, 
forty-five  dollars  per  month;  in  townships  having  a  population  of  not 
less  than  one  thousand  four  hundred  nor  more  than  "two  thousand,  thirty- 
five  dollars  per  month;  in  all  townships  having  a  population  of  less  than 
one  thousand  four  hundred,  fifteen  dollars  per  month;  justices  of  the 
peace  in  counties  of  this  class  shall  also  receive  for  their  own  use  and 
benefit  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law  in  civil 
cases. 

14.  Constables  shall  receive  the  following  salaries  for  all  services  ren- 
dered by  them  in  criminal  cases,  payable  monthly  in  the  same  manner 
as  county  officers  are  paid,  viz.:  In  townships  having  a  population  of 
fourteen  thousand  or  more,  eighty-five  dollars  per  month;  in  townships 
having  a  population  of  not  less  than  five  thousand  nor  more  than  four- 
teen thousand,  sixty-five  dollars  per  month;  in  townships  having  a  pop- 
ulation of  not  less  than  three  thousand  nor  more  than  five  thousand,  fifty 
dollars  per  month;  in  townships  having  a  population  of  not  less  than  two 
thousand  nor  more  than  three  thousand,  forty-five  dollars  per  month;  in 
townships  having  a  population  of  not  less  than  one  thousand  four  hun- 
dred nor  more  than  two  thousand,  thirty-five  dollars  per  month:  in  all 
townships  having  a  population  of  less  than  one  thousand  four  hundred, 
fifteen  dollars  per  month;  constables  in  counties  of  this  class  shall  also 
receive  for  their  own  use  and  benefit  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law  for  mileage  in  criminal  cases  and  shall  also 
receive  such  fees  as  are  now  or  may  hereafter  be  allowed  by  law  in  civil 
cases. 

15.  Each  member  of  the  board  of  supervisors,  nine  hundred  dollars  per 
annum,  and  their  necessary  expenses  when  attending  to  the  business  of 
the  county,  other  than  the  meetings  of  the  board;  and  fifteen  cents  a 
mile  in  traveling  to  and  from  his  residence  to  the  county  seat;  provided, 
that  not  more  than  one  mileage  at  any  one  term  of  the  board  shall  be 
allowed. 


Act  837,  §166  GENERAL   LAWS.  188 

16.  The  bonds  of  the  clerk,  sheriff,  recorder,  auditor,  treasurer,  tax 
collector,  assessor,  district  attorney,  coroner,  public  administrator,  super- 
intendent of  schools  and  surveyor,  shall  be  executed  with  a  reliable  bond 
and  security  company  and  that  the  cost  of  said  bond,  when  duly  ap- 
proved shail  be  a  charge  against  the  county,  and  payable  out  of  the 
general  fund. 

17.  The  county  clerk  shall  have  one  chief  deputy,  at  a  salary  of  fifteen 
hundred  dollars  per  annum;  two  court  room  deputies,  at  a  salary  of  one 
thousand  and  eighty  dollars  per  annum  each,  and  a  deputy  or  deputies 
not  to  exceed  ten,  for  the  purpose  of  registering  electors  and  for  other 
emergencies,  to  be  paid  not  to  exceed  three  dollars  per  diem  each. 

The  county  recorder,  one  deputy,  at  a  salary  of  fifteen  hundred  dollars 
per  annum,  three  deputies  at  a  salary  of  one  thousand  and  eighty  dollars 
per  annum  each. 

The  treasurer,  one  deputy  at  a  salary  of  two  thousand  dollars  per  an- 
num; and  a  deputy  for  the  purpose  of  collecting  taxes  and  for  other 
emergencies,  to  be  paid  not  to  exceed  four  dollars  per  diem. 

The  district  attorney,  an  assistant  district  attorney,  at  a  salary  of 
eighteen  hundred  dollars  per  annum,  and  a  deputy  district  attorney,  at  a 
salary  of  twelve  hundred  dollars  per  annum. 

The  superintendent  of  schools,  one  deputy,  at  a  salary  of  nine  hundred 
dollars  per  annum. 

The  sheriff,  an  under-sheriff,  who  shall  receive  a  salary  of  eighteen 
hundred  dollars  per  annum;  a  clerk  who  shall  receive  a  salary  of  one 
thousand  and  eighty  dollars  per  annum;  two  deputy  sheriffs,  who  shall 
receive  a  salary  of  one  thousand  and  eighty  dollars  per  annum  each; 
two  bailiffs  or  courtroom  deputies,  who  shall  receive  a  salary  of  one 
thousand  and  eighty  dollars  per  annum  each;  two  jailers,  who  shall 
receive  a  salary  of  one  thousand  and  eighty  dollars  per  annum  each; 
and  a  deputy  or  deputies  not  to  exceed  two,  for  the  purpose  of  serving 
papers  and  for  other  emergencies  to  be  paid  not  to  exceed  three  and  a 
half  dollars  per  diem  each.  All  the  deputies,  assistants,  and  clerks  herein 
mentioned  shall  be  paid  at  the  time  and  in  the  manner  that  the  prin- 
cipals are  paid  from  and  after  the  approval  of  this  act.  [Amendment 
approved  March  20,  1905.  Stats.  1905,  p.  507.  In  effect  from  and  after 
January  1,  1907.] 

§  166.  In  counties  of  the  ninth  class  the  county  officers  shall  receive, 
as  compensation  for  the  services  required  of  them  by  law  or  by  virtue 
of  their  office,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  seven  thousand  six  hundred  dollars  per  annum. 

2.  The  sheriff,  seven  thousand  eight  hundred  dollars  per  annum;  and 
the  sheriff  shall  also  receive  for  his  own  use  and  benefit  the  fees  or  com- 
missions for  the  service  of  all  papers  whatsoever,  issued  by  any  court 
of  the  state  outside  of  his  county.  And  the  board  of  supervisors  shall 
allow  the  sheriff  his  actual  and  necessary  expenses  in  serving  any  civil 
or  criminal  process.,  or  performing  any  other  official  duty  within  his 
county  at  a  distance,  by  the  ordinary  route  of  travel,  of  more  than  sixty 
miles  from  the  county  seat. 


189  COUNTY  GOVERNMENT.  Act  837,  §  166 

3.  The  recorder,  the  fees  now  allowed  by  law  pertaining  to  said  re- 
corder's office;  provided,  that  the  fee  for  filing,  indexing,  and  canceling 
tax  sale  certificates  for  land  sold  to  the  state  for  delinquent  taxes  shall 
be  fifteen  cents  for  each  certificate,  and  for  filing,  recording,  and  index- 
ing tax  deeds  to  the  state,  the  fee  shall  be  seventy-five  cents  each,  all 
of  which  shall  be  paid  out  of  the  county  treasury  in  the  same  manner  that 
other  claims  arc  paid;  provided,  that  the  fee  to  be  charged  by  the 
recorder  for  filing  certificates  of  tax  sale  issued  by  the  tax  collector  of 
any  municipality  within  any  county  of  the  ninth  class  shall  be  one  dollar 
for  each  volume,  when  the  same  is  bound  in  book  form;  each  of  said 
volumes  shall  contain  not  less  than  two  hundred  of  such  tax  certificates; 
provided,  that  all  books  of  record,  printing,  and  stationery  shall  be 
furnished  and  paid  for  by  the  recorder  out  of  his  fees;  the  style  and 
quality  of  the  same  to  be  approved  by  the  board  of  supervisors. 

4.  The  auditor,  five  thousand  five  hundred  dollars  per  annum. 

5.  The  treasurer,  three  thousand  dollars  per  annum. 

6.  The  tax  collector,  seven  thousand  dollars  per  annum,  which  shall  in- 
clude all  fees  and  percentage  as  license  collector. 

7.  The  assessor,  six  thousand  five  hundred  dollars  per  annum,  and  such 
fees  as  are  allowed  by  law. 

8.  The     district  attorney,  five  thousand  dollars  per  annum. 

9.  The  superintendent  of  public  schools,  twenty-five  hundred  dollars 
per  annum.  He  shall  have  one  deputy  at  an  annual  salary  of  twelve 
hundred  dollars. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  hereafter 
be  allowed  by  law. 

11.  The  coroner,  seventy-five  dollars  per  month,  and  in  addition  thereto 
the  board  of  supervisors  shall  allow  the  coroner  his  actual  traveling  ex- 
penses in  the  performance  of  his  official  duties  within  his  county  at  a 
distance  by  the  ordinary  route  of  travel  of  more  than  sixty  miles  from 
the  county  seat. 

12.  The  surveyor,  three  thousand  dollars  per  annum,  which  shall  be  in 
lieu  of  all  fees  and  per  diem  now  allowed  by  law. 

13.  Constables,  in  civil  cases  such  fees  as  are  now  or  may  hereafter 
be  allowed  by  law;  and  in  criminal  cases  in  townships  having  a  popula- 
tion of  sixteen  thousand  or  more  in  lieu  of  fees  now  allowed  by  law  the 
sum  of  one  hundred  dollars  per  month;  and  in  all  townships  having  a 
population  of  less  than  sixteen  thousand,  such  fees  as  are  now  or  may 
hereafter  be  allowed  by  law;  provided,  however,  that  no  constable  in 
such  township  shall  be  allowed  in  any  one  month  out  of  the  county  treas- 
ury more  than  seventy-five  dollars  as  fees  in  misdemeanor  cases;  provided 
further,  that  in  such  townships  they  shall  receive  for  each  day's  at- 
tendance in  criminal  cases  when  required  by  the  justice  to  be  present 
two  dollars  per  day;  provided  further,  that  in  all  townships  the  con- 
stables thereof  for  taking  persons  to  the  county  jail  actual  traveling  ex- 
penses only  shall  be  allowed  in  lieu  of  mileage. 

14.  Justices  of  the  peace,  in  all  townships  having  a  population  of  six- 
teen thousand  or  more,  one  hundred  and  fifty  dollars  per  month  in  full 
of  all  compensation  in  both  civil  and  criminal  cases;  in  townships  hav- 


Act  837,  §  167  GENERAL  LAWS.  190 

ing  a  population  of  less  than  sixteen  thousand  such  fees  as  are  no'w 
or  may  hereafter  be  allowed  by  law;  provided,  however,  that  no  justices 
of  the  peace  in  such  township  shall  be  allowed  in  any  one  month  out  of 
the  county  treasury  more  than  seventy-five  dollars  in  misdemeanor  cases. 
The  board  of  supervisors  of  such  county  shall  furnish  the  township 
justice  of  the  peace  and  the  constables  in  townships  liaving  a  population 
of  sixteen  thousand  or  more  with  suitable  courtroom  and  furniture  for 
said  justice  of  the  peace,  and  an  office  with  necessary  and  proper  furniture 
therefor,  for  each  of  said  constables. 

15.  Each  member  of  the  board  of  supervisors,  five  hundred  dollars 
per  annum,  and  fifteen  cents  per  mile  in  going  from  his  residence  to  the 
county  seat  at  each  meeting  of  the  board.  Also,  four  hundred  dollars  per 
annum  each,  and  mileage  now  allowed  bj'  law,  for  services  as  road  com- 
missioners. 

16.  In  counties  of  this  class  the  official  reporters  of  the  superior  court 
shall  receive,  as  full  compensation  for  taking  notes  in  civil  and  criminal 
cases  tried  in  said  court,  and  on  all  lunacy  and  preliminary  examinations 
and  coroner's  inquests,  a  monthly  salary  of  one  hundred  and  twenty-five 
dollars,  payable  out  of  the  county  treasury  at  the  same  time  and  in  the 
same  manner  as  the  salaries  of  the  county  officers;  and  for  transcription 
of  said  notes,  Avhen  required,  he  shall  receive  the  sum  of  ten  cents  per 
folio  for  the  original,  and  five  cents  per  folio  per  copy;  said  compensation 
for  transcription  in  criminal  cases  and  coroner's  inquests  to  be  audited 
and  allovv-ed  by  the  board  of  supervisors  as  other  claims  against  the 
county,  and  paid  out  of  the  county  treasury,  and  in  civil  cases  to  be  paid 
by  the  party  ordering  the  same,  or  when  ordered  by  the  judge,  by  either 
party,  or  jointly  by  both  parties,  as  the  court  may  direct. 

17.  In  counties  of  this  class  there  shall  be  but  one  horticultural  com- 
missioner. 

18.  Each  member  of  the  board  of  education  shall  receive  five  dollars 
per  day  for  not  to  exceed  sixty  days  in  any  one  year  as  compensation 
for  his  services  when  in  actual  attendance  upon  said  board,  and  mileage 
at  the  rate  of  twenty  cents  per  mile,  one  way  only,  from  his  residence 
to  the  place  of  meeting  of  said  board.  The  secretary  of  said  board  of 
education  shall  receive  five  dollars  per  day  for  not  to  exceed  sixty  days 
in  any  one  year  for  his  services  for  the  actual  time  that  the  board  may 
be  in  session.  Said  compensation  of  the  members  of  said  board  and  of 
said  secretary  shall  be  paid  out  of  the  same  fund  as  the  salary  of  the 
superintendent  of  schools.  Claims  of  such  services  and  mileage  shall  be 
presented  to  the  board  of  supervisors  and  shall  be  allowed  at  the  rate 
above  named  and  in  the  same  manner  as  other  claims  against  the  county 
are  allowed.  The  compensation  of  the  members  of  the  county  board  of 
education  herein  provided  is  not  in  addition  to  that  provided  in  section 
seventeen  hundred  and  seventy  of  the  Political  Code.  [Amendment  ap- 
proved March  20,  1905.     Stats.   1905,  p.  401.     In  effect  immediately.] 

§  167.  In  counties  of  the  tenth  class  the  county  officers  shall  receive 
as  compensation  for  the  services  required  of  them  by  law,  or  by  virtue 
of  their  office,  the  following  salaries,  and  shall  have  as  assistants  the 
respective    employees    hereafter    named,    to    wit: 


191  COUNTY  GOVERNMENT.  Act  837,  §  167 

1.  The  county  clerk,  four  thousand  three  hundred  dollars  per  annum, 
and  the  sum  of  five  hundred  dollars  for  making  the  great  register,  and 
ten  cents  for  each  person  registered,  and  there  shall  be,  and  there  is 
hereby  allowed  to  the  county  clerk  in  addition,  one  deputy,  to  be  ap- 
pointed by  the  county  clerk,  who  shall  be  paid  a  salary  of  one  thousand 
dollars  per  annum,  the  said  salary  to  be  paid  by  such  county  in  monthly 
installments,  at  the  time,  and  in  the  manner  and  out  of  the  same  fund 
as  the  salaries  of  county  officers  are   paid. 

2.  The  sheriff,  five  thousand  three  hundred  dollars  per  annum,  and  all 
commissions,  fees  and  mileage  for  the  service  of  papers  or  process  coming 
from  courts  other  than  those  of  his  own  county,  and  there  shall  be,  and 
there  is  hereby  created  the  office  of  jailer,  to  be  appointed  by  the  sheriff, 
who  shall  be  paid  a  salary  of  one  thousand  two  hundred  dollars  per 
annum,  said  salary  to  be  paid  by  such  county  in  monthly  installments, 
at  the  time  and  in  the  manner  and  out  of  the  same  fund  as  the  salaries 
of  county  officers  are  paid. 

3.  The  recorder,  one  thousand  five  hundred  dollars  per  annum,  and  six 
cents  per  folio  for  recording,  and  four  hundred  and  fifty  dollars  per  year 
for  abstract  of  mortgages  for  the  county  assessor. 

4.  The  auditor,  two  thousand  four  hundred  dollars  per  annum,  and 
there  shall  be,  and  there  is  allowed  to  the  auditor  in  addition,  one 
deputy,  to  be  appointed  by  the  auditor,  who  shall  be  paid  a  salary  of  one 
thousand  dollars  per  annum,  and  there  shall  be,  and  there  is  allowed  to 
the  auditor  in  addition,  three  clerks  to  be  appointed  by  the  auditor,  who 
shall  be  paid  a  salary  of  seventy-five  dollars  per  month  each,  not  to  ex- 
ceed one  month  in  any  one  year;  said  salaries  to  be  paid  by  such  county 
in  monthly  installments  at  the  time  and  in  the  manner  and  out  of  the 
same  fund  as  the  salaries  of  county  officers  are  paid. 

5.  The  treasurer,  two  thousand  four  hundred  dollars  per  annum. 

6.  The  tax  collector,  three  thousand  two  hundred  dollars  per  annum; 
and  there  shall  be,  and  there  is  allowed  to  the  tax  collector  in  addition, 
one  deputy,  to  be  appointed  by  the  tax  collector,  who  shall  be  paid  a 
salary  of  one  thousand  dollars  per  annum,  said  salary  to  be  paid  by  such 
county  in  monthly  installments  at  the  time  and  in  the  manner  and  out 
of  the  same  fund  as  the  salaries  of  county  officers  are  paid;  provided, 
however,  that  in  counties  of  this  class,  the  tax  collector  shall  receive 
no  fees  or  commissions  for  the  collection  of  licenses. 

7.  The  assessor,  five  thousand  five  hundred  dollars  per  annum,  and 
there  shall  be,  and  there  is  allowed  to  the  assessor,  in  addition,  one 
deputy,  to  be  appointed  by  the  assessor,  who  shall  be  paid  a  salary  of 
seventy-five  dollars  per  month,  not  to  exceed  six  months  in  any  one  year, 
said  salary  to  be  paid  by  such  county  in  monthly  installments  at  the 
time  and  in  the  manner  and  out  of  the  same  fund  as  the  salaries  of 
county  officers  are  paid;  provided,  however,  that  the  percentage  received 
by  the  assessor  on  poll  taxes  and  personal  property  taxes,  and  also 
amounts  allowed  for  returning  names  of  persons  subject  to  military  duty, 
and  which,  in  counties  of  other  classes,  is  allowed  to  the  assessor  as 
compensation,  shall  be  paid  by  him  into  the  county  treasury,  and  no 
part  thereof  ehall  be  received  by  him  as  compensation. 


Act  837,  §  167  GENERAL  LAWS.  192 

8.  The  district  attorney,  three  thousand  dollars  per  annum,  and  there 
shall  be,  and  there  is  allowed  to  the  district  attorney  in  addition,  one 
deputy,  to  be  appointed  by  the  district  attorney,  who  shall  be  an  attorney 
at  law  regularly  admitted  to  practice  before  the  supreme  court  of  the 
state  of  California,  who  shall  be  paid  a  salary  oj.  one  thousand  two  hun- 
dred dollars  per  annum,  said  salary  to  be  paid  by  such  county  in  monthly 
installments  at  the  time  and  in  the  manner  and  out  of  the  same  fund  as 
the  salaries  of  county  officers  are  paid. 

9.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be  allowed  by 
law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  hereafter 
be  allowed  by  law. 

11.  The  superintendent  of  schools  for  full  services  including  attendance 
on  the  county  board  of  education,  one  thousand  eight  hundred  dollars  per 
annum,  and  actual  traveling  expenses,  and  there  shall  be,  and  there  is 
allowed  to  the  superintendent  in  addition,  a  deputy,  who  shall  be  ap- 
pointed by  the  superintendent  of  schools,  who  sliall  be  paid  a  salary  of 
one  thousand  dollars  per  annum,  said  salary  to  be  paid  by  such  county 
in  monthly  installments  at  the  time  and  in  the  manner  and  out  of  the 
same  fund  as  the  salaries  of  county  officers  are  paid.  The  office  of  the 
superintendent  of  schools  shall  be  kept  open  on  all  business  days  from 
nine  o'clock  A.  M.  to  five  o'clock  P.  M. 

12.  Each  member  of  the  board  of  education  shall  receive  five  dollars 
per  day  as  compensation  for  his  services  when  in  actual  attendance  upon 
said  board,  and  mileage  at  the  rate  of  twenty  cents  per  mile,  one  way 
only,  from  his  residence  to  the  place  of  meeting  of  said  board.  The 
secretary  of  said  board  of  education  shall  receive  five  dollars  per  day 
for  his  services  for  the  actual  time  that  the  board  may  be  in  session. 
Said  compensation  of  the  members  of  said  board  and  of  said  secretary 
shall  be  paid  out  of  the  same  fund  as  the  salary  of  the  superintendent 
of  schools  is  paid.  Claims  of  such  services  and  mileage  shall  be  pre- 
sented to  the  board  of  supervisors  and  shall  be  allowed  at  the  rate  above 
named  and  in  the  same  manner  as  other  claims  against  the  county  are 
allowed.  The  compensation  of  the  members  of  the  county  board  of 
education  herein  provided  is  not  in  addition  to  that  provided  in  section 
one  thousand  seven  hundred  and  seventy  of  the  Political  Code. 

13.  The  surveyor,  one  thousand  five  hundred  dollars  per  annum,  and  in 
addition  thereto  all  necessary  expenses,  incurred  in  performing  county 
work,  ordered  by  the  board  of  supervisors. 

14.  The  justices  of  the  peace,  the  following  monthly  salaries,  to  be 
paid  each  month  as  salaries  of  other  county  officers  are  paid,  which  shall 
he  in  full  for  all  services  rendered  by  them  in  criminal  cases: 

In  townships  having  a  population  of  six  thousand  and  over,  ninety 
dollars  per  month. 

In  townships  having  a  population  of  two  thousand  four  hundred  and 
less  than  six  thousand,  seventy-five  dollars  per  month. 

In  townships  having  a  population  of  one  thousand  five  hundred  and 
less  than  two  thousand  four  hundred,  sixty  dollars  per  month. 

In  townships  having  a  population  of  eight  hundred  and  less  than  one 
thousand  five  hundred,  fifty  dollars  per  month. 


1D3  COUNTY  GOVERNMENT.  Act  837,  §  167 

In  townships  having  a  population  of  five  hundred  and  less  than  eight 
hundred,  twenty  dollars  per  month. 

In  townships  having  a  population  less  than  five  hundred,  ten  dollars 
per  month. 

In  addition  to  the  above  salaries,  each  justice  of  the  peace  shall  collect 
for  his  own  use  in  civil  cases  such  feesi  as  are  now  or  may  hereafter  be 
allowed  by  law. 

15.  Constables,  the  following  monthly  salaries,  to  be  paid  each  month 
as  the  salaries  of  county  officers  are  paid,  which  shall  be  in  full  for  all 
services  rendered  by  them  in  criminal  cases: 

In  townships  having  a  population  of  five  thousand  and  more,  eighty- 
five  dollars  per  month;  in  townships  having  a  population  of  two  thou- 
sand five  hundred  and  less  than  five  thousand,  sixty-five  dollars  per 
month;  in  townships  having  a  population  of  fifteen  hundred  and  less  than 
two  thousand  five  hundred,  sixty  dollars  per  month;  in  townships  having 
a  population  of  eight  hundred  and  less  than  fifteen  hundred,  fifty  dollars 
per  month;  in  townships  having  a  population  of  five  hundred  and  less 
than  eight  hundred,  twenty  dollars  per  month;  in  townships  having  a 
population  less  than  five  hundred,  ten  dollars  per  month.  In  addition  to 
the  monthly  salary  allowed  herein,  each  constable  may  receive  and  retain 
for  his  own  use  such  fees  as  are  now  or  may  hereafter  be  allowed  by  law 
for  all  services  performed  by  him  in  civil  actions. 

The  population  of  townships  shall,  for  the  purpose  of  this  section,  be 
determined  by  the  last  preceding  United  States  census,  and  in  case  town- 
ships are  formed  after  the  taking  of  the  census,  then  the  population  shall 
be  determined  by  multiplying  the  vote  for  governor  cast  in  such  town- 
ship, at  the  last  preceding  election,  by  four. 

16.  The  supervisors  each  the  sum  of  one  hundred  and  twenty-five  dol- 
lars per  month  as  supervisors  and  road  commissioners,  and  actual  travel- 
ing expenses  not  to  exceed  five  hundred  dollars  in  any  one  year;  vouchers 
for  said  traveling  expenses  shall  be  filed  with  the  proper  officer. 

17.  The  official  reporter  of  each  department  of  the  superior  court  shall 
be  and  he  is  hereby  constituted  a  county  officer  and  shall  receive,  as  full 
compensation  for  taking  notes  in  civil  and  criminal  cases  tried  in  said 
courts,  a  salary  of  one  thousand  eight  hundred  dollars  per  annum,  pay- 
able in  equal  monthly  installments,  out  of  the  county  treasury,  at  the 
same  time  and  in  the  same  manner  as  the  salaries  of  other  county  offi- 
cers; he  shall  without  further  compensation  act  as  the  secretary  of  the 
judge  of  such  department  of  the  superior  court;  and  for  transcription  of 
said  notes,  when  required,  they  shall  receive  the  sum  of  twenty  cents 
per  folio  for  the  original,  and  five  cents  per  folio  for  a  copy,  and  also 
actual  traveling  expenses,  when  reporting  outside  of  the  county  seat. 
Said  compensation  for  transcribing  in  criminal  cases,  preliminary  exam- 
inations, and  inquests,  and  traveling  expenses,  to  be  audited  and  allowed 
by  the  board  of  supervisors  as  other  claims  against  the  county,  and  paid 
out  of  the  county  treasury;  and  in  civil  cases,  to  be  paid  by  the  party 
ordering  the  same,  or,  when  ordered  by  the  judge,  by  either  parly  or 
jointly  by  both  parties  as  the  court  may  direct.  [Amended  March  20, 
1905.     Stats.  1905,  p.  424.     In  effect  in  sixty  days.] 

Gen.  Laws — 13 


Act  837,  §  163  GENERAL  LAWS.  194 

§  168.  In  counties  of  the  eleventh  class,  the  county  and  township 
officers  shall  receive,  as  compensation  for  the  services  required  of  them 
by  law,  or  by  virtue  of  their  office,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  three  thousand  six  hundred  dollars  per  annum; 
and  there  shall  be,  and  there  hereby  is  allowed  to  the  county  clerk, 
two  deputies  who  shall  be  appointed  by  the  county  clerk  and  shall  each 
be  paid  a  salary  of  twelve  hundred  dollars  per  annum. 

2.  The  sheriff  shall  receive  five  thousand  dollars  per  annum;  and  there 
shall  be  and  there  hereby  is  allowed  to  the  sheriff,  one  deputy,  who  shall 
be  appointed  by  the  sheriff  and  shall  be  paid  a  salary  of  one  thousand 
five  hundred  dollars  per  annum. 

3.  The  recorder,  two  thousand  five  hundred  dollars  per  annum,  and 
there  shall  be  and  there  is  hereby  allowed  to  the  county  recorder  two 
deputies  who  shall  be  appointed  by  the  recorder  and  shall  be  paid  a 
salary  of  seven  hundred  and  fifty  dollars  per  annum  each. 

4.  The  auditor  shall  receive  two  thousand  seven  hundred  dollars  per 
annum. 

5.  The  treasurer  shall  receive  two  thousand  four  hundred  dollars  per 
annum. 

6.  The  tax  collector  shall  receive  two  thousand  eight  hundred  dollars 
per  annum. 

7.  The  license  collector  shall  receive  ten  per  cent  of  all  licenses  col- 
lected by  him. 

8.  The  assessor  shall  receive  four  thousand  five  hundred  dollars  per 
annum.  He  may  employ  such  assistance  as  may  be  necessary  in  making 
maps,  plats  and  drawings  essential  for  use  in  the  assessor's  office  in  the 
performance  of  his  duty  and  the  expense  thereof  shall  be  a  charge  against 
the  county. 

9.  The  district  attorney  shall  receive  two  thousand  four  hundred  dol- 
lars per  annum;  and  there  is  hereby  allowed  to  the  district  attorney  one 
deputy  to  be  appointed  by  him  who  shall  receive  a  salary  of  one  thou- 
sand dollars  per  annum. 

10.  The  coroner  shall  receive  such  fees,  as  are  now,  or  may  hereafter 
be  allowed  by  law. 

11.  The  public  administrator  shall  receive  such  fees  as  are  now,  or 
may  hereafter  be  allowed  by  law. 

12.  The  superintendent  of  schools,  two  thousand  dollars  per  annum; 
and  there  shall  be  and  there  is  hereby  allowed  to  the  superintendent  of 
schools,  one  deputy,  who  shall  be  appointed  by  the  superintendent  of 
schools,  and  shall  be  paid  a  salary  of  seven  hundred  and  fifty  dollars  per 
annum. 

13.  The  surveyor  shall  receive  two  thousand  dollars  per  annum;  and 
necessary  traveling  expenses  while  in  the  performance  of  the  duties  of 
his  office. 

14.  Each  supervisor  nine  hundred  dollars  per  annum,  and  mileage  at 
twenty  cents  per  mile,  for  all  distances  traveled  by  him  as  supervisor  or 
as  road  commissioner;  such  mileage  not  to  exceed,  in  any  one  year,  the 
sum  of  seven  hundred  and  fifty  dollars. 

15.  The  official  shorthand  reporter  shall  receive  two  thousand  dollars 
per  annum  for  the  department  of  the  superior  court  to  which  he  has  been 


195  COUNTY  GOVERNMENT.  Act  837,  §  168 

appointed.  "Whenever  one  reporter  shall  be  appointed  to,  and  shall  per- 
form the  duties  required  of  the  official  shorthand  reporter,  for  more  than 
one  department  of  said  superior  court  he  shall  receive  a  salary  therefor 
of  two  thousand  five  hundred  dollars  per  annum.  In  addition  thereto,  he 
shall  receive  for  transcribing  notes,  the  sum  of  ten  cents  per  folio,  for 
the  original,  and  five  cents  per  folio  for  all  copies  thereof.  Subdivision 
fifteen  hereof,  relating  to  the  salaries  and  fees  of  official  shorthand  re- 
porters, shall  take  effect  immediately. 

16.  In  townships  having  a  population  of  seven  thousand  or  over,  two 
justices  of  the  peace  shall  be  elected,  and  each  shall  receive  a  salary  of 
fifty  dollars  per  month.  In  townships  having  a  population  of  less  than 
seven  thousand  and  over  four  thousand  there  shall  be  but  one  justice  of 
the  peace  elected  and  he  shall  receive  a  salary  of  thirty  dollars  per 
month.  In  all  other  townships  there  shall  be  but  one  justice  of  the 
peace  who  shall  receive  a  salary  of  twenty  dollars  per  month.  All  jus- 
tices in  counties  of  this  class  shall,  in  addition  to  the  salaries  above  pro- 
vided for,  receive  and  collect  for  their  own  use  and  benefit,  in  civil 
cases,  the  following  fees,  to   wit: 

1.  Each  justice  of  the  peace  shall  be  allowed,  in  civil  actions  for  all 
services  before  trial  or  entry  of  judgment,  by  default  or  confession,  two 
(jollars,  and  for  all  additional  services  in  such  action,  including  execu- 
tion and  satisfaction  of  judgment,  two  dollars. 

2.  For  the  trial  of  civil  actions  and  all  proceedings  subsequent  thereto, 
three  dollars. 

3.  For  certificate  and  transmitting  papers  and  transcript  on  appeal, 
one  dollar. 

4.  For  copies  of  papers  on  docket  per  folio,  ten  cents. 

.5.  For  issuing  a  search-warrant,  the  fee  to  be  paid  by  the  party  demand- 
ing the  same,  one  dollar. 

6.  For  celebrating  a  marriage,  and  returning  a  certificate  thereof  to 
the  county  recorder,  five  dollars. 

7.  For  taking  an  acknowledgment  of  an  instrumrnt,  for  the  first  name 
fifty  cents,  and  for  each  additional  name  tw^enty-five  cents. 

8.  For  administering  an  oath,  and  certifying  the  same,  fifty  cents. 

9.  For  issuing  a  commission  to  take  testimony,  one  dollar. 

10.  For  alj  services  connected  with  the  posting  of  estrays,  one  dollar. 

11.  For  issuing  each  affidavit,  certificate,  process,  writ,  order,  or  paper 
required  by  law  to  be  issued,  not  otherwise  herein  provided  for,  twenty- 
five  cents. 

13. '  For  taking  bail  in  all  proceedings,  pending  before  another  magistrate, 
fifty  cents. 

14.  In  townships  having  a  population  of  seven  thousand  or  over  two 
constables  shall  be  elected  and  each  shall  receive  a  salary  of  forty  dollars 
per  month.  In  townships  having  a  population  less  than  seven  and  over 
four  thousand,  there  shall  be  but  one  constable  elected,  and  he  shall 
receive  a  salary  of  twenty-five  dollars  per  month.  In  all  other  townships 
there  shall  be  but  one  constable  who  shall  receive  twenty  dollars  per 
month. 


Act  837,  §168  GENERAL  LAWS.  19G 

All  constables  in  addition  to  the  salaries  above  provided  for,  shall 
receive  and  collect,  for  their  own  use  and  benefit,  in  civil  cases  only,  the 
following  fees,  to  wit: 

1.  For  serving  summons  and  complaint,  for  each  defendant  served,  fifty 
cents. 

2.  For  each  copy  of  summons  made  by  him,  twenty-five  cents. 

3.  For  levying  writ  of  attachment  or  execution,  or  executing  an  order 
of  arrest,  in  a  civil  case  or  for  delivery  of  personal  property,  two  dollars. 

4.  For  serving  a  writ  of  attachment  or  execution  on  any  ship,  boat,  or 
vessel,  three  dollars. 

5.  For  keeping  personal  property,  such  sum  as  the  court  may  order;  but 
no  more  than  two  dollars  fifty  cents  per  day,  for  a  keeper,  when  neces- 
sarily employed. 

6.  For  taking  a  bond  or  undertaking,  one  dollar. 

7.  For  copies  of  writs  or  other  papers,  except  summons,  complaints,  and 
subpoenas,  per  folio,  fifteen  cents;  provided,  that  when  correct  copies  are 
furnished  him  for  use,  no  charges  shall  be  made  for  such  copies. 

8.  For  serving  any  writ,  notice  or  order,  except  summons,  complaint, 
or  subpoena,  for  each  person  served,  fifty  cents. 

9.  For  writing  and'  posting  each  notice  of  sale  of  property,  fifty  cents. 

10.  For  furnishing  notice  of  publication,  twenty-five  cents. 

11.  For  serving  subpoenas,  each  witness  including  copy,  fifty  cents. 

12.  For  collecting  money  on  execution  two  and  one-half  per  cent. 

13.  For  executing  and  delivering  certificate  of  sale,  fifty  cents. 

14.  For  executing  and  delivering  constable's  deed,  two  dollars  and  fifty 
centa. 

15.  For  each  mile  actually  traveled  within  his  county,  in  the  service 
of  any  civil  writ,  order,  or  paper,  in  going  only,  per  mile,  twenty-five  cents. 
No  constructive  mileage  shall  be  allowed. 

16.  For  each  mile  necessarily  traveled  within  his  county,  in  executing  a 
warrant  of  arrest,  both  in  going  to  and  returning  from  the  place  of  arrest, 
fifteen  cents;  and  the  actual  cost  of  the  transportation  of  the  prisoner  or 
prisoners  from  the  place  of  arrest  to  the  justice  court,  and  the  necessary 
expense  of  assistance;  provided,  that  for  traveling  in  performance  of  two 
or  more  official  services  at  the  same  time,  including  the  service  of  crim- 
inal process,  but  one  mileage  shall  be  charged. 

17.  For  each  mile  necessarily  traveled  outside  his  county  ill  executing  a 
warrant  of  arrest,  both  in  going  to  and  returning  from  the  place  of  arrest, 
fifteen  cents. 

18.  For  transporting  prisoners  to  the  county  jail,  from  the  justice's  court 
or  from  the  county  jail  to  the  justice's  court,  the  actual  cost  of  transporta- 
tion and  assistance,  and  mileage  at  twenty-five  cents  per  mile,  one  way. 
In  conveying  two  or  more  prisoners,  but  one  mileage  shall  be  charged. 

19.  For  each  day  in  which  the  constable  is  charged  with  the  custody  of 
a  prisoner  or  prisoners,  two  dollars  fifty  cents,  and  for  necessary  expense 
of  maintenance  and  assistance  in  keeping  said  prisoners. 

20.  For  summoning  a  jury  in  a  civil  case,  twenty-five  cents  for  each  of 
the  persons  so  summoned,  and  mileage  at  the  rate  of  twenty-five  cents 
per  mile,  going  only. 


197  COUNTY  GOVERNMENT.  Act  837,  §  1C9 

21.  For  attending  court  during  the  trial  of  a  civil  cause,  per  day,  three 
dollars. 

22.  For  making  sales  of  estrays  in  civil  cases,  the  same  fees  as  for  sales 
on   execution. 

23.  For  serving  writ  of  possession  or  restitution,  putting  a  person  in 
possession  of  the  premises,  and  removing  the  occupants  therefrom  three 
dollars  per  day,  and  mileage  at  twenty-five  cents  per  mile,  going  only. 

24.  The  mileage  provided  for  herein  shall  be  computed  for  the  shortest 
practicable  traveled  route  between  the  two  points  for  which  mileage  is 
claimed. 

17.  All  salaries  provided  for  in  this  act  shall  be  paid  out  of  the  treas- 
ury of  the  county  in  monthly  installments,  and  all  fees  shall  be  paid  from 
the  county  treasury  as  other  bills  against  the  county  are  paid.  |  Amendment 
approved' March  20,  1905.  Stats.  1905,  p.  524.  In  effect  in  part  immedi- 
ately and  in  part  in  sixty  days.] 

§  169.  In  counties  of  the  twelfth  class  the  county  officers  shall  receive, 
as  compensation  for  the  services  required  of  them  by  law  or  by  virtue  of 
their  offices,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  three  thousand  dollars  per  annum,  and  when  a 
great  register  of  voters  is  ordered  he  shall  receive  five  hundred  dollars 
additional,  which  shall  be  in  full  for  all  services  rendered  in  registering 
voters  and  making  the  great  register. 

2.  The  sheriff,  four  thousand  five  hundred  dollars  per  annum,  and  the 
fees  or  commissions  for  the  service  of  all  papers  whatsoever  issued  by 
any  court  outside  of  his  county.  He  shall  appoint  a  jailer  to  take  charge 
of  the  branch  county  jail,  at  a  salary  of  six  hundred  dollars  per  annum, 
to  be  paid  by  the  county. 

3.  The  recorder,  twenty-two  hundred  and  fifty  dollars  per  annum. 

4.  The  auditor,  eighteen  hundred  dollars  per  annum. 

5.  The  treasurer,  eighteen  hundred  dollars  per  annum. 

6.  The  tax  collector,  (fifteen  hundred)  three  thousand  dollars  per  annum. 

7.  The  assessor,  three  thousand  dollars  per  annum. 

8.  The  district  attorney,  two  thousand  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

10.  The  public  administrator,  five  hundred  dollars  per  annum. 

11.  The  superintendent  of  schools,  fifteen  hundred  dollars  per  annum, 
and  his  actual  traveling  expenses  while  visiting  schools. 

12.  The  surveyor  shall  receive  seven  dollars  per  diem  for  each  day 
actually  employed  in  the  performance  of  his  duties  as  a  county  officer,  an"ct 
in  addition  thereto  all  necessary  expenses,  such  as  transportation  and  pay 
of  help  which  may  be  necessary  for  the  performance  of  county  duties. 

13.  .lustiees  of  the  peace,  the  following  monthly  salaries,  to  be  paid 
each  month  as  the  salaries  of  county  officers  are  paid,  which  shall  be  in 
full  for  all  services  rendered  by  them  in  criminal  cases:  In  townships 
having  a  population  of  six  thousand  or  more,  one  hundred  dollars  per 
month;  in  townships  having  a  population  of  two  thousand  four  hundred 
and  less  than  six  thousand,  seventy-five  dollars;  in  townships  having  a 
population  of  two   thousand  and  less  than  two   thousand  four  hundred, 


Act  837,  §  169  GENERAL  LAWS.  198 

sixty-five  dollars;  in  townships  having  a  population  of  one  thousand  five 
hundred  and  less  than  two  thousand,  fifty-five  dollars;  in  townships  hav- 
ing a  population  of  one  thousand  and  less  than  one  thousand  five  hundred, 
thirty  dollars;  in  townships  having  a  population  of  eight  hundred  and  less 
than  one  thousand,  twenty  dollars;  in  townships  having  a  population  of 
five  hundred  and  less  than  eight  hundred,  fifteen  dollars;  in  townships 
having  a  population  of  less  than  five  hundred,  ten  dollars.  Each  justice 
must  pay  into  the  county  treasury  once  a  month,  all  fines  collected  by  him. 
Tn  addition  to  the  monthly  salary  allowed  herein,  each  justice  may  receive 
for  his  own  use  such  fees  as  now  or  hereafter  may  be  allowed  by  law  for 
all  services  performed  by  him  in  civil  actions. 

14.  Constables,  the  following  salaries  which  shall  be  paid  monthly  as 
salaries  of  county  officers  are  paid,  and  which  shall  be  in  full  for  all  ser- 
vices rendered  by  them  in  criminal  cases,  to  wit:  In  townships  having  a 
population  of  two  thousand  one  hundred  and  more,  one  hundred  dollars: 
in  townships  having  a  population  of  one  thousand  five  hundred  and  less 
than  two  thousand  five  hundred,  eighty  dollars;  in  townships  having  a 
population  of  one  thousand  and  less  than  one  thousand  five  hundred,  fifty 
dollars;  in  townships  having  a  population  of  eight  hundred  and  less  than 
one  thousand,  thirty  dollars;  in  townships  having  a  population  of  five 
hundred  and  less  than  eight  hundred,  fifteen  dollars;  in  townships  having 
a  population  less  than  five  hundred,  ten  dollars.  In  addition  to  the 
monthly  salary  allowed  herein,  each  constable  may  receive  and  retain  for 
his  own  use  such  fees  as  are  now  or  hereafter  may  be  allowed  by  law  for 
all  services  performed  by  him  in  civil  actions.  For  the  purposes  of  this 
act  the  basis  of  calculation  for  fixing  the  compensation  of  the  justices 
and  constables  above  mentioned,  the  population  of  the  different  townships 
of  the  county  shall  always  be  based  upon  the  figures  as  shown  by  the  last 
United  States  census;  provided,  however,  that  whenever  the  census  of 
any  township  or  townships  shall  have  been  taken  under  the  provisions  of 
this  act,  said  census  may  become  the  basis  of  calculation. 

15.  Each  member  of  the  board  of  supervisors,  six  hundred  dollars  for 
all  services  rendered  and  including  mileage;  provided,  that  when  required 
to  go  on  business  to  any  point  outside  of  said  county  they  shall  be  allowed 
actual  necessary  expenses. 

16.  The  official  court  reporter  for  all  services  required  of  him  in  the 
superior  court,  excepting  for  transcribing  his  notes,  a  salary  of  one  thou- 
sand five  hundred  dollars  per  annum,  to  be  paid  by  the  county  monthly  as 
the  salaries  of  county  officers  are  paid.  For  transcribing  his  notes  of 
testimony  in  the  superior  court  when  recjuired  seven  cents  per  folio  for 
original  and  four  cents  per  folio  for  copies  to  be  paid  for  when  completed 
by  the  party  in  a  civil  action  who  directs  the  work  to  be  done,  but  the 
same  shall  ultimately  be  taxed  as  costs  in  the  case.  In  criminal  proceed- 
ings in  the  superior  court  when  the  judge  orders  the  notes  transcribed  the 
same  shall  be  paid  from  the  county  treasury  on  the  order  of  the  court. 
When  the  services  of  the  reporter  are  demanded  in  any  civil  matter  the 
clerk  shall  collect  each  day  in  advance  two  dollars  and  fifty  cents  from 
each  side  to  the  controversy,  and  pay  the  same  into  the  county  treasury. 
At  the  conclusion  of  the  trial  or  proceeding,  in  civil  matters,  such  report- 


199  COUNTY  GOVERNMENT.  Act  837,  §  170 

ei's  fees  shall  be  taxed  as  costs  in  the  same  manner  that  other  costs  are 
taxed  in  the  case. 

17.  Members  of  the  county  board  of  education  shall  receive  ten. cents 
per  mile  for  traveling  from  his  or  her  residence  to  the  county  seat;  pro- 
vided, that  mileage  be  not  allowed  for  more  than  two  meetings  in  any  one 
month.  [Amendment  approved  March  21,  1905.  Stats.  1905,  p.  676.  In 
effect  in  sixty  dajs.] 

§170.  In  counties  of  the  thirteenth  class  the  county  and  township  of- 
ficers shall  receive,  as  full  compensation  for  the  services  required  of  them 
by  law  or  by  virtue  of  their  offices,  the  following  fees  and  salaries: 

1.  The  county  clerk,  thirty-three  hundred  dollars  per  annuin;  provided, 
that  in  any  year  that  the  compilation  of  a  great  register  is  required  by 
law  to  be  made,  he  shall  receive  six  hundred  dollars  additional  for  said 
year,  which  shall  be  in  full  for  all  services  required  in  registering  voters 
and  making  such  new  great  register. 

2.  The  sheriff,  thirty-five  hundred  dollars  per  annum,  and  mileage  for  the 
service  of  any  and  all  processes  required  by  law  to  be  served  by  him,  at 
the  rate  of  five  cents  per  mile  for  every  mile  necessarily  traveled  in  the 
performance  of  his  duty  or  in  the  serving  of  papers  of  any  kind. 

3.  The  recorder,  twenty-one  hundred  dollars,  provided,  however,  that  in 
counties  of  this  class  the  recorder  shall  be  entitled  to  the  actual  cost  in- 
curred by  him  for  the  recording  of  all  papers  and  documents  in  his  otfice 
not  exceeding  seven  cents  per  folio  for  each  paper  or  document  so 
recorded;- provided  further,  that  s.aid  recorder  shall  file  monthly,  with  the 
county  auditor,  a  verified  statement  showing  in  detail  the  persons  and  the 
amounts  paid  to  each  for  such  recording. 

4.  The  auditor,  two  thousand  dollars  per  annum. 

5.  The  treasurer,  eighteen  hundred  dollars  per  annum. 

6.  The  tax  collector,  twenty-four  hundred  dollars  per  annum,  provided 
that  said  tax  collector  shall  be  allowed  one  clerk  for  the  period  of  six 
months  during  each  fiscal  year  who  shall  be  appointed  by  said  tax  collector 
and  be  paid  a  salary  of  seventy-five  dollars  per  month,  the  said  salary  to 
be  paid  by  the  said  county  in  monthly  installments  at  the  same  time,  and 
in  the  same  manner,  and  out  of  the  same  fund,  as  the  salary  of  the  tax 
collector  is  paid. 

7.  The  assessor,  eighteen  hundred  dollars  per  annum. 

8.  The  district  attorney,  two  thousand  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

11.  The  superintendent  of  schools,  eighteen  hundred  dollars  per  annum, 
and  actual  traveling  expenses  when  visiting  the  schools  of  his  county. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

13.  Each  supervisor.  Each  member  of  the  board  of  supervisors,  six 
hundred  dollars  per  annum  and  actual  mileage  to  and  from  the  county 
seat  while  in  the  discharge  of  his  official  duties,  and  mileage  as  road  com- 
missioner, fifteen  cents  per  mile,  one  way;  provided  the  amount  of  mileage 


Act  837,  §  170  GENERAL  LAWS.  200 

for  each  supervisor  shall  not  exceed  the  sum  of  three  hundred  dollars  in 
any  one  year. 

14.  For  the  purpose  of  regulating  the  compensation  of  justices  of  the 
peace  and  constables,  judicial  townships  in  this  class  of  counties  are 
hereby  classified  according  to  their  population  as  follows: 

Townships  containing  a  population  of  six  thousand  five  hundred  or 
more  shall  belong  to  and  be  known  as  townships  of  the  first  class;  town- 
ships containing  a  population  of  less  than  six  thousand  five  hundred  and 
more  than  four  thousand  five  hundred  shall  belong  to  and  be  known  as 
townships  of  the  second  class;  townships  containing  a  population  of  less 
than  four  thousand  five  hundred  and  more  than  two  thousand  five  hundred 
shall  belong  to  and  be  known  as  townships  of  the  third  class;  townships 
containing  a  population  of  less  than  two  thousand  five  hundred  and  more 
than  one  thousand,  shall  belong  to  and  be  known  as  townships  of  the 
fourth  class;  townships  containing  a  population  of  less  than  one  thousand 
and  more  than  eight  hundred  shall  belong  to  and  be  known  as  townships 
of  the  fifth  class;  townships  containing  a  population  of  less  than  eight 
hundred  shall  belong  to  and  be  known  as  townships  of  the  sixth  class. 
The  population  of  the  several  judicial  townships  shall  be  determined  for 
the  purpose  of  this  and  the  succeeding  section,  by  multiplying  by  five 
the  total  vote  cast  in  such  townships  for  governor  at  the  last  general  elec- 
tion held  November  fourth,  nineteen  hundred  and  two,  as  indicated  by 
the  official  election  returns  of  said  election. 

15.  Justices  of  the  peace  shall  receive  the  following  fees  and  salaries, 
which  shall  be  paid  monthly  in  the  same  manner  as  the  salaries  of  the 
county  officers  are  paid,  out  of  the  general  fund  of  the  county,  which 
shall  be  in  full  for  all  services  rendered  by  them  in  criminal  cases;  pro- 
vided, however,  that  if  two  justices  of  the  peace  shall  be  elected  and 
qualify  in  any  one  township,  then  the  said  justices  shall  each  receive  one 
half  of  the  salary  therein  provided  for,  to  wit: 

In  townships  of  the  first  class,  seventy-five  dollars  per  month;  in  town- 
ships of  the  second  class,  fifty  dollars  per  month;  in  townships  of  the  third 
class,  twenty-five  dollars  per  month;  in  townships  of  the  fourth  class, 
fifteen  dollars  per  month;  in  townships  of  the  fifth  class,  five  dollars  per 
month;  in  townships  of  the  sixth  class,  such  fees  as  are  now  or  may  here- 
after be  allowed  by  law. 

Each  justice  must  pay  into  the  county  treasury  once  a  month  all  fines 
collected  by  him.  In  addition  to  the  monthly  salaries  herein  allowed, 
each  justice  may  receive  and  retain  for  his  own  use,  such  fees  as  are  now 
or  may  hereafter  be  allowed  by  law  for  services  rendered  by  him  in  civil 
cases;  justices  of  the  peace  of  the  first  and  second  classes  shall  be  allowed 
their  actual  oflice  rent,  not  to  exceed  the  sum  of  fifteen  dollars  each,  for 
any  one  month. 

Constables  shall  receive  the  following  fees  and  salaries  which  shall  be 
paid  monthly  in  the  same  manner  as  the  salaries  of  the  county  officers 
are  paid  out  of  the  general  fund  of  the  county,  and  which  shall  be  in  full 
for  all  services  rendered  by  them  in  criminal  cases,  to  wit: 

In  townships  of  the  first  class,  thirty  dollars  per  month;  in  townships 
of  the  second  class,  thirty  dollars  per  month;  in  townships  of  the  third 


201  COUNTY  GOVERNMENT.  Act  837,  §  171 

class,  twenty  dollars  per  month;  in  townships  of  the  fourth  class,  fifteen 
dollars  per  month;  in  townships  of  the  fifth  class,  five  dollars  per  mouth; 
in  townships  of  the  sixth  class,  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law;  provided,  that  in  addition  to  the  salary  herein  allowed, 
each  constable  shall  be  paid  out  of  the  treasury  of  the  county  for  travel- 
ing expenses  outside  of  his  own  township,  for  the  service  ox  a  warrant  of 
arrest  or  any  other  process  in  a  criminal  ease  (where  such  service  is  in  fact 
made)  both  going  and  returning  ten  cents  per  mile;  for  each  mile  traveled 
out  of  his  county,  both  going  to  and  returning  from  the  place  of  arrest 
or  otiier  service  of  process,  five  cents  per  mile;  for  transporting  prisoners 
to  the  county  jail,  a  constable  shall  be  allowed  his  actual  expenses  each 
way.  In  addition  to  the  monthly  salary  allowed  him  herein,  each  con- 
stable shall  receive  for  his  own  use,  iu  civil  cases,  the  fees  which  are  now 
or  may  hereafter  be  allowed  by  law. 

The  compensations  herein  provided  for  justices  of  the  peace  and  con- 
stables shall  take  effect  and  be  in  force  on  and  after  the  first  Monday  in 
April,  nineteen  hundred  and  three. 

16.  The  official  reporter  of  the  superior  court  shall  receive  the  fees 
allowed  by  law. 

17.  The  compensation  allowed  each  officer  above  enumerated  shall  be 
in  full  for  all  services,  and  include  the  pay  of  all  deputies  (except  in  the 
case  of  the  district  attorney  wherein  one  deputy  is  provided  for  within, 
the  discretion  of  the  board  of  supervisors)  except  as  provided  iu  section 
two  hundred  and  fifteen  of  the  county  government  act,  approved  eighteen 
hundred  and  ninety-seven,  wherein  it  provides  certain  fees  and  commis- 
sions for  the  assessor  and  license  collector.  [Amended  March  20,  1905. 
Stats."  1905,  p.  547.     In  effect  January  1,  1907,  unless  otherwise  provided.] 

§  171.  In  counties  of  the  fourteenth  class  the  county  and  township 
officers  shall  receive  as  compensation  for  the  services  required  of  them  by 
law  or  by  virtue  of  their  offices  the  following  salaries  and  fees,  to  wit: 

1.  The  county  clerk,  two  thousand  seven  hundred  dollars  per  annum. 
In  counties  of  this  class  there  shall  be  and  there  is  hereby  allowed  to  the 
county  clerk  for  his  own  use  and  to  be  paid  out  of  the  county  treasury 
monthly  in  the  same  manner  as  salaries  of  other  county  officers  are  paid, 
the  sum  of  five  cents  for  the  name  of  each  defendant  entered  in  the  index 
labeled  "general  index-defendants"  as  provided  in  subdivision  four  of 
section  four  thousand  two  hundred  four  of  the  Political  Code  and  in  sub- 
division four  of  section  one  hundred  seven  of  an  act  entitled  "An  act 
to  establish  a  uniform  system  of  county  and  township  governments"  ap- 
proved April  first,  one  thousand  eight  hundred  ninety-seven,  as  amended 
March  twenty-third,  one  thousand  nine  hundred  one;  and  the  further  sum 
of  five  cents  for  each  document  recorded  by  said  county  clerk  under  the 
provisions  of  section  one  thousand  three  hundred  eighty-seven  of  the  Code 
of  Civil  Procedure;  and  the  further  sum  of  five  cents  for  each  name  con- 
tained in  the  index  of  registration  books,  to  be  prepared  by  said  clerk, 
under  the  provisions  of  section  one  thousand  one  hundred  fifteen  of  the 
Political  Code  of  the  State  of  California. 


Act  837,  §  171  GENERAL  LAWS.  202 

2.  The  sheriff,  four  thousand  dollars  per  annum.  The  sheriff  shall  also 
receive  for  his  own  use  and  benefit  all  fees,  commissions  and  mileage  for 
service  of  any  papers  issued  by  any  court  outside  of  his  county, 

3.  The  recorder,  two  thousand  one  hundred  dollars  per  annum. 

4.  The   auditor,   two   thousand    tTvo   hundred    dollars   per   annum. 

5.  The  treasurer,  one  thousand  eight  hundred  dollars  per  annum. 

6.  The  tax  collector  and  license  collector,  two  thousand  two  hundred 
dollars  per  annum. 

7.  The  assessor,  three  thousand  dollars  per  annum. 

8.  The  district  attorney,  two  thousand  seven  hundred  dollars  per  annum, 
and  his  traveling,  office  and  other  expenses  in  criminal  matters  and  cases, 
and  in  civil  actions,  proceedings  and  all  other  matters  in  which  the  county 
is  interested  incurred  by  him  in  the  performance  of  his  duties;  and 
all  the  expenses  incurred  by  him  in  the  detection  of  crime  and  prosecu- 
tion of  criminal  cases  and  in  civil  actions  and  proceedings  and  all 
other  matters  in  which  the  county  is  interested. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

11.  The  superintendent  of  schools,  two  thousand  one  hundred  dollars 
per  annum  and  actual  traveling  expenses  when  visiting  the  schools  of 
his  county. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

13.  The  justices  of  the  peace,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

14.  Each  member  of  the  board  of  supervisors,  six  hundred  dollars  per 
annum  and  ten  cents  per  mile  mileage  in  traveling  to  and  from  his  resi- 
dence to  the  county  seat;  and  for  his  services  as  road  commissioner  he 
shall  receive  twenty  cents  per  mile  for  all  distances  actually  traveled  by 
him  in  the  performance  of  his  duties  within  the  couuty;  provided  he 
shall  not  in  any  one  year  receive  more  than  six  hundred  dollars  as  such 
road  commissioner. 

15.  Constables,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law,  and  in  addition  thereto  they  shall  receive  three  dollars  per  day  for 
attending  court  when  required  to  do  so  during  the  actual  trial  of  the  issues 
of  fact  of  a  case,  or  during  the  examination  of  a  criminal  charge  before 
a  magistrate  while  the  evidence  is  being  taken  and  not  otherwise;  pro- 
vided, that  no  more  than  three  dollars  shall  be  charged  or  received  for 
any  one  day,  and  provided  further  that  when  the  constable  is  required 
to  attend  upon  the  trial  of  more  than  one  civil  case  on  the  same  day  his 
fees  for  attendance  shall  be  equally  apportioned  to  the  several  cases. 
Constables  may  also,  by  first  obtaining  an  order  of  the  district  attorney  of 
this  county,  or  of  a  superior  judge  of  this  state,  employ  a  temporary 
guard  for  the  safekeeping  or  protection  of  prisoners  when  necessary,  and 
shall  be  entitled  to  collect  the  actual,  reasonable  cost  thereof  as  a  county 
charge.  [Amendment  approved  March  21,  1905.  Stats.  1905,  p.  670.  In 
effect  in  sixty  days.] 


203  COUNTY  GOVERNMENT.  Act  837,  §  172 

§  172.  In  counties  of  the  fifteenth  class  the  county  and  township  officers 
shall  receive  as  compensation  for  the  services  required  of  them  by  law 
or  by  virtue  of  their  offices,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  thirty-two  hundred  and  fifty  dollars  per  annum. 

2.  The  sheriff,  four  thousand  dollars  per  annum;  and  such  mileage  as  is 
now  allowed  by  law  and  also  all  fees  for  service  of  papers  in  actions  aris- 
ing outside  of  his  county. 

3.  The  recorder,  fifteen  hundred  dollars  per  annum,  and  four  and  one- 
half  cents  per  folio  for  every  instrument  of  any  character  transcribed 
bj--  him  or  his  deputies,  which  said  amount  shall  be  paid  out  of  the  county 
treasury,  and  which  payment  shall  be  in  full  for  all  services,  including 
indexing. 

4.  The  auditor,  two  thousand  dollars  per  annum. 

5.  The  treasurer,  fifteen  hundred  dollars  per  annum. 

6.  The  tax  collector,  two  thousand  dollars  per  annum. 

7.  The  superior  judge,  three  thousand  five  hundred  dollars  per  annum. 
S.  The  assessor,  thirty-five  hundred  dollars  per  annum;  provided,  that 

in  counties  of  this  class  there  shall  be  seven  field  deputy  assessors,  who 
shall  be  appointed  by  the  assessor  of  said  county,  and  who  shall  hold 
ofiiee  from  twelve  o'clock  meridian  from  the  first  Monday  in  March  of 
each  year  up  to  twelve  o'clock  meridian  of  the  first  Monday  of  July  of 
each  year;  the  salaries  of  each  of  said  seven  deputy  assessors  herein 
provided  for  is  fixed  at  the  sum  of  one  hundred  dollars  per  month,  to 
include  horse  hire  and  traveling  expenses  for  each  month  during  which 
they  hold  office  as  herein  provided,  which  said  salaries  shall  be  paid  by 
said  county  at  the  same  time  and  in  the  same  manner  and  out  of  the  same 
fund  as  the  salary  of  the  assessor;  provided,  that  all  commissions  shall 
be  paid  into  the  county  treasury. 

9.  The  district  attorney,  twenty-five  hundred  dollars  per  annum. 

10.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

11.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

12.  The  superintendent  of  schools,  twenty-two  hundred  and  fifty  dol- 
lars per  annum,  and  actual  traveling  expenses  when  visiting  the  schools 
of  the  county,  and  keep  his  office  open  on  all  business  days. 

13.  The  surveyor,  eight  dollars  per  day  while  actually  employed  by  the 
county. 

14.  Justices  of  the  peace  shall  receive  the  following  monthly  salaries, 
to  be  paid  each  month  and  in  the  same  manner  and  out  of  the  same  fund 
as  county  officers  are  paid,  which  shall  be  in  full  for  all  services  rendered 
by  them  in  criminal  cases:  In  townships  having  a  population  of  more  than 
eight  thousand,  seventy-five  dollars  per  month;  in  townships  having  a 
population  of  less  than  eight  thousand  and  more  than  five  thousand,  fifty 
dollars  per  month;  in  townships  having  a  population  of  less  than  five  thou- 
sand and  more  than  two  thousand,  twenty-five  dollars  per  month;  in  town- 
ships having  a  population  of  less  than  two  thousand,  ten  dollars  per  month. 
In  addition  to  the  compensation  received  in  criminal  cases,  each  justice 
of  the  peace  shall  receive  and  retain  for  his  own  use  such  fees  as  are  now 


Act  837,  §  173  GENERAL  LAWS.  204 

or  may  hereafter  be  allowed  by  law  for  all  services  performed  by  him  in 
civil  actions. 

15.  Constables  shall  receive  the  following  monthly  salaries  to  be  paid 
each  month  and  in  the  same  manner  and  out  of  the  same  fund  as  county 
officers  are  paid,  which  shall  be  in  full  for  all  services  rendered  by  them  in 
criminal  cases:  In  townships  having  a  population  of  more  than  eight  thou- 
sand, seventy-five  dollars  per  month;  in  townships  having  a  population  of 
less  than  eight  thousand  and  more  than  five  thousand,  fifty  dollars  per 
month;  in  townships  having  a  population  of  less  than  five  thousand  and 
more  than  two  thousand,  twenty-five  dollars  per  month;  in  tovv'nships 
liaving  a  population  of  less  than  two  thousand,  ten  dollars  per  month; 
provided,  that  each  constable  shall  receive  his  actual  and  necessary  ex- 
penses incurred  in  conveying  prisoners  to  the  county  jail.  In  addition  to 
the  compensation  received  in  criminal  cjfises,  each  constable  shall  receive 
and  retain  for  his  own  use  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law  for  all  services  performed  by  him  in  civil  actions. 

16.  Supervisors,  five  hundred  dollars  each  per  annum,  and  mileage  at 
the  rate  of  ten  cents  per  mile  in  going  to  and  coming  from  the  place  of 
meeting  of  the  board,  not  more  than  four  board  meetings  per  month;  and 
as  road  commissioner,  four  dollars  per  day,  not  to  exceed  four  hundred 
dollars  per  year  in  the  aggregate. 

17.  For  the  purposes  of  subdivisions  14  and  15  of  this  section,  the  popu- 
lation of  the  several  judicial  townships  shall  be  ascertained  by  the  board 
of  supervisors  by  multiplying  by  five  the  vote  for  presidential  electors 
cast  in  each  township  at  the  next  preceding  election.  [Amendment  ap- 
proved March  20,   1905.     Stats.   1905,  p.  430.     In   effect   in  sixty   days.] 

§173.  In  counties  of  the  sixteenth  class  the  county  and  township 
officers  shall  receive,  as  compensation  for  the  services  required  of  them 
by  law  or  by  virtue  of  their  offices,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  three  thousand  dollars  per  annum. 

2.  The  sheriff,  thirty-five  hundred  dollars  per  annum.  The  sheriff  shall 
also  receive,  in  all  civil  cases,  for  his  own  use  and  benefit,  the  fees,  com- 
missions and  mileage,  which  are  now  or  which  may  hereafter  be  allowed 
by  law,  and  the  fees  or  commissions  for  the  service  of  all  papers  what- 
soever issued  by  any  court  of  the  state  outside  of  his  county. 

3.  The  recorder,  twenty-nine  hundred  dollars  per  annum. 

4.  The  auditor,  twenty-four  hundred  dollars  per  annum. 

5.  The  treasurer,  eighteen  hundred  dollars  per  annum. 

6.  The  tax  collector,  fifteen   hundred   dollars   per  annum. 

7.  The  assessor,  four  thousand  dollars  per  annum. 

8.  The  district  attorney,  eighteen  hundred  dollars  per  annum;  provided, 
that  he  shall  have  power  to  appoint  one  assistant  district  attorney  at  a 
salary  of  one  thousand  dollars  per  annum,  payable  in  the  same  manner  as 
that  of  other  county  officers. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

11.  The  superintendent  of  schools,  eighteen  hundred  dollars  per  annum, 
and  actual  traveling  expenses  when  visiting  the  schools  of  his  county; 


205  COUNTY  GOVERNMENT.  Act  837,  §  173 

but  he  shall  receive  no  extra  compensation  for  his  services  on  the  boafd 
of  education. 

12.  The  surveyor  shall  receive  one  thousand  three  hundred  dollars  per 
annum  for  all  work  performed  for  the  county  and,  in  addition  thereto, 
actual  traveling  and  other  necessary  expenses  incurred  in  connection 
with  field  v>'ork;  provided  that  whenever  the  surveyor  is  directed  by  the 
assessor  to  plat,  trace  or  otherwise  prepare  maps  or  plats,  he  be  allowed 
only  the  actual  cost  of  preparing  the  same. 

13.  The  justices  of  the  peace  shall  receive  the  following  monthly  sal- 
aries, to  be  paid  each  month  as  salaries  of  the  county  officers  are  paid, 
which  shall  be  in  full  for  all  services  rendered  by  them  in  criminal  cases 
and  all  other  criminal^  matters.  In  townships  having  a  population  of  five 
thousand  or  more,  sixty-five  dollars  per  month;  in  townships  having  a 
I  opulation  of  twenty-five  hundred  and  less  than  five  thousand,  fifty  dol- 
lars per  month;  in  townships  having  a  population  of  fifteen  hundred  and 
less  than  twenty-five  hundred,  forty  dollars  per  month;  in  townships  hav- 
ing a  population  of  one  thousand  and  less  than  fifteen  hundred,  thirty 
dollars  per  month;  in  townships  having  a  population  of  seven  hundred 
and  less  than  one  thousand,  twenty  dollars  per  month;  and  in  townships 
Jiaving  a  population  of  less  than  seven  hundred,  fifteen  dollars  per  month. 
Each  justice  must  pay  into  the  county  treasury,  once  a  month,  all  fines 
collected  by  him.  In  addition  to  the  monthly  salary  allowed  herein,  each 
justice  may  receive  for  his  own  use  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law  for  all  services  performed  by  him  in  civil  actions. 
There  shall  be  two  justices  of  the  peace  in  each  such  township  contain- 
ing a  population  of  five  thousand  or  more  and  in  each  such  township  con- 
taining a  population  of  less  than  five  thousand,  there  shall  be  one  justice 
of  the  peace. 

14.  Constables  shall  receive  the  following  salaries,  to  be  paid  each 
month  as  salaries  of  the  county  officers  are  paid,  which  shall  be  in  full 
for  all  services  rendered  by  them  in  criminal  cases  and  in  all  other  crim- 
inal matters:  In  townships  having  a  population  of  five  thousand  or  more, 
fift}'^  dollars  per  month;  in  townships  having  a  population  of  twenty-five 
hundred  and  less  than  five  thousand,  forty  dollars  per  month;  in  town- 
ships having  a  population  of  fifteen  hundred  and  less  than  twenty-five 
hundred,  thirty  dollars  per  month;  in  townships  having  a  population  of 
one  thousand  and  less  than  fifteen  hundred,  twenty-five  dollars  per  month; 
in  townships  having  a  population  of  seven  hundred  and  less  than  one 
thousand,  twenty  dollars  per  month;  and  in  townships  having  a  population 
of  less  than  seven  hundred,  fifteen  dollars  per  month;  provided  that,  in 
addiHon  to  the  salary  herein  allowed,  each  constable  shall  be  paid  out  of 
the  treasury  of  the  county  for  traveling  expenses  outside  of  his  own  town- 
ship, for  the  service  of  a  warrant  of  arrest  or  anj^  other  process  in  a 
criminal  case  or  other  criminal  matter  (when  such  service  is,  in  fact, 
made)  both  going  and  returning,  ten  cents  per  mile;  for  each  mile  trav- 
eled out  of  his  county,  both  going  to  and  returning  from  the  place  of  arrest 
or  other  service  of  process,  five  cents  per  mile  and  for  transporting  pris- 
oners to  the  county  jail,  ten  cents  a  mile  each  way.  In  addition  to  the 
monthly  salary  allowed  him  herein,   each  constable  may  receive  for  his 


Act  837,  §  174  GENERAL  LAWS.  206 

own  use  in  civil  cases,  the  feesi  which  are  now  or  may  hereafter  be  allowed, 
by  law. 

15.  The  supervisors,  each  the  sum  of  five  dollars  per  day  for  actual 
service,  (but  not  to  exceed  six  hundred  dollars  per  annum)  and  twenty 
cents  per  mile  for  all  distances  actualiy  traveled,  not  to  exceed  two  hun- 
dred dollars  per  annum  in  the  performance  of  their  duties  as  road  com- 
missioners, together  with  mileage  at  the  rate  of  twenty  cents  per  mile,  in 
going  only,  from  place  of  residence  to  the  county  seat  at  each  session  of 
the  board. 

16.  For  the  purposes  of  subdivisions  thirteen  and  fourteen  of  this  sec- 
tion the  population  of  the  several  judicial  townships  shall  be  ascertained 
and  determined  by  the  board  of  supervisors  by  mj^iltiplying  by  five  the 
vote  cast  for  presidential  electors  in  each  township  at  the  next  preceding 
election  therefor.  [Amendment  approved  March  4,  1907.  Stats.  1907, 
p.  93.     In  effect  immediately.] 

§174.  In  counties  of  the  seventeenth  class  the  county  officers  shall 
receive  as  compensation  for  the  services  required  of  them  by  law  or  by 
virtue  of  their  offices,  th«  following  salaries,  to  wit: 

1.  The  county  clerk,  twenty-five  hundred  dollars  per  annum;  provided, 
that  in  counties  of  this  class  there  shall  be  and  there  hereby  is  allowed 
to  the  county  clerk  the  following  deputies,  who  shall  be  appointed  by  the 
county  clerk  and  shall  be  paid  salaries  as  follows:  One  chief  deputy,  at  a 
salary  of  one  hundred  dollars  per  month;  one  courtroom  clerk,  at  a  salary 
of  one  hundred  dollars  per  month.  The  salaries  of  the  chief  deputy  and 
courtroom  clerk  herein  provided  for  shall  be  paid  by  said  county  in 
monthly  installments,  at  the  same  time  and  in  the  same  m.anner  and  out 
of  the  same  fund  as  the  salary  of  the  county  clerk  is  paid. 

2.  The  sheriff,  six  thousand  i  ullars  per  annum. 

3.  The  recorder,  twenty-eight  hundred  dollars  per  annum;  provided,  that 
in  counties  of  this  class  there  shall  be  and  is  herelsy  allowed  to  the 
recorder  a  deputy,  who  shall  be  appointed  by  the  said  recorder,  and  who 
shall  be  paid  the  following  salary,  to  wit:  ninety  dollars  per  month,  said 
salary  to  be  paid  by  said  county  in  m.onthly  installments,  at  the  same  time 
and  in  the  same  manner  and  out  of  the  same  fund  as  the  salary  of  the 
recorder  is  paid. 

4.  The  auditor,  twenty-two  hundred  dollars  per  annum;  provided,  that 
in  counties  of  this  class  there  shall  be  and  is  hereby  allowed  to  the  county 
auditor  one  deputy,  who  shall  be  appointed  by  the  county  auditor  and  pnid 
a  salary  of  ninety  dollars  per  month,  said  salary  to  be  paid  by  said  county 
in  monthly  installments,  at  the  same  time  and  in  the  same  manner  and 
out  of  the  same  fund  as  the  salary  of  the  county  auditor  is  paid. 

5.  The  treasurer,  one  thousand  five  hundred  dollars  per  annum. 

6.  The  tax  collector,  two  thousand  dollars  per  annum. 

7.  The  assessor,  twenty-five  hundred  dollars  per  annum;  provided,  that 
in  counties  of  this  class  there  shall  be  and  is  hereby  allowed  to  the  assessor 
two  deputies,  for  a  period  of  four  months  during  each  fiscal  year,  who  shall 
be  appointed  by  said  assessor,  ajid  be  paid  a  salary  of  seventy-five  dollars 
per  month,  said  salary  to  be  paid  by  said  county  in  monthly  installments, 


207  COUNTY  GOVERNMENT.  Act  837,  §  174 

at  the  same  time  and  in  the  same  manner  and  out  of  the  same  fund  as 
the  salary  of  the  assessor  is  paid. 

8.  The  district  attorney,  two  thousand  five  hundred  dollars  per  annum; 
provided,  that  in  counties  of  this  class  there  shall  be  and  is  hereby  allowed 
to  the  district  attorney  a  deputy,  who  shall  be  appointed  by  said  district 
attorney,  and  who  shall  be  paid  the  following  salary,  to  wit:  Fifty  dol- 
lars per  month,  said  salary  to  be  paid  by  said  county  in  monthly 
installments,  at  the  same  time  and  in  the  same  manner  and  out  of  the 
same  fund  as  the  salary  of  the  district  attorney  is  paid. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

11.  The  superintendent  of  schools,  two  thousand  dollars  per  annum,  and 
actual  traveling  expenses  when  visiting  the  schools  of  his.count3\ 

12.  The  county  surveyor  shall  receive  twelve  hundred  dollars  per 
annum  and  necpssary  costs  of  transportation  to  and  from,  and  necessary 
expense  in  the  field  while  engaged  on  public  work. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law;  provided,  that  in  townships  having  a  population  of  over 
six  thousand,  as  shown  by  the  United  States  census  of  nineteen  hundred, 
in  lieu  of  fees  in  criminal  cases,  and  in  full  compensation  for  all  services 
rendered  in  criminal  cases,  justices  of  the  peace  shall  receive  a  salary  of 
ninety  dollars  per  month,  payable  at  the  same  time  and  in  the  same  man- 
ner as  the  salary  of  other  county  officers. 

14.  Constables,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law;  provided,  that  in  townships  having  a  population  of  over  six  thousand, 
as  shown  by  the  United  States  census  of  nineteen  hundred,  in  lieu  of  fees 
in  criminal  cases  and  in  full  compensation  of  all  services  rendered  in  crim- 
inal cases,  constables  shall  receive  a  salary  of  seventy-five  dollars  per 
month,  payable  at  the  same  time  and  in  the  same  manner  as  salaries  of 
other  county  officers;  provided  further,  that  in  addition  to  the  monthly 
salary  herein  allowed,  constables  of  townships  of  over  six  thousand  in- 
habitants shall  also  be  allowed  all  necessary  expense  actually  incurred 
outside  of  their  townships,  in  pursuing  and  conveying  prisoners  to  court 
or  to  prison,  and  said  expense  shall  be  audited  and  allowed  by  board  of 
supervisors  and  paid  out  of  the  county  treasury. 

15.  Each  supervisor,  six  hundred  dollars  per  annum,  and  twenty  cents 
per  mile  for  traveling  from  his  residence  to  the  county  seat;  and  as  road 
commissioner,  four  dollars  per  day,  not  to  exceed  two  hundred  dollars 
per  annum  in  the  aggregate. 

16.  In  counties  of  this  class  the  official  reporter  of  the  superior  court 
shall  receive,  as  full  compensation  for  taking  notes  in  civil  and  criminal 
cases  tried  in  said  court,  a  monthly  salary  of  one  hundred  and  twenty-five 
dollars,  payable  out  of  the  county  treasury  at  the  same  time  and  in  the 
same  manner  as  the  salaries  of  county  officers;  and  for  the  transcription 
of  said  notes,  when  required,  he  shall  receive  the  sum  of  ten  cents  per 
folio  for  the  original  and  five  cents  per  folio  for  a  copy;  said  compensa- 
tion for  transcription  in  criminal  cases  to  be  audited  and  allowed  by  the 
board  of  supervisors  as  other  claims  against  the  county,  and  paid  out 


Act  837,  §  175  GENERAL   LAWS.  208 

of  the  county  treasury,  and  in  civil  cases  to  be  paid  by  the  party  ordering 
the  same,  or,  when  ordered  by  the  judge,  by  either  party,  or  jointly  by 
both  parties,  as  the  court  may  direct.  [Amendment  approved  March  20, 
1905.     Stats.  1905,  p.  313.     In  eflfect  in  sixty  days.] 

§  175.  In  counties  of  the  eighteenth  class,  the  county  officers  shall 
receive  as  compensation  for  the  services  required  of  them  by  law  or  by 
virtue  of  their  office  the  following  salaries,  to  wit: 

1.  The  county  clerk,  four  thousand  dollars  per  annum. 

2.  The  sheriff,  six  thousand  five  hundred  dollars  per  annum,  and  mileage 
for  the  service  of  any  and  all  processes  required  by  law  to  be  served  by 
him  at  the  rate  of  ten  cents  per  mile  for  every  mile  necessarily  travekd 
in  the  pei;formance  of  such  duty. 

3.  The  recorder,  two  thousand  dollars  per  annum,  and  six  cents  per 
folio  for  every  instrument  of  any  character  transcribed  by  him  or  his 
deputies,  which  said  amount  shall  be  paid  by  the  county  treasurer  out 
of  the  county  treasury. 

4.  The  auditor,  three  thousand  dollars  per  annum. 

5.  The  treasurer,  two  thousand  dollars  per  annum. 

6.  The  tax  collector,  three  thousand  six  hundred  dollars  per  annum; 
provided',  that  as  such  tax  collector  or  as  ex  officio  license  collector  he  shall 
not  have  or  receive  any  compensation  for  or  percentage  upon  the  collection 
of  any  license. 

7.  The  assessor,  five  thousand  dollars  per  annum. 

8.  The  district  attorney,  four  thousand  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now,  or  may  be  hereafter  allowed  by 
law. 

10.  The  public  administrator,  such  fees  as  are  now,  or  may  be  here- 
after allowed  by  law. 

11.  The  superintendent  of  schools,  one  thousand  eight  hundred  dollars 
per  annum,  and  actual  traveling  expenses  when  visiting  the  schools  of  his 
county,  and  one  deputy  at  a  salary  of  one  thousand  two  hundred  dollars 
per  annum. 

12.  The  surveyor,  such  fees  as  are  now,  or  may  hereafter  be  allowed 
by  law. 

13.  Justices  of  the  peace  shall  receive  the  following  monthly  salaries 
to  be  paid  each  month  as  salaries  of  county  officers  are  paid,  which  shall 
be  in  full  compensation  for  all  services  rendered  as  hereinafter  provided: 

In  townships  having  a  population  of  three  thousand  or  more,  eighty-five 
dollars  per  mouth,  which  said  salary  shall  be  in  full  compensation  for  all 
services  rendered  by  said  justices  of  the  peace  in  both  civil  and  criminal 
cases,  and  all  such  fees  as  are  allowed  by  law  in  civil  ca'^es  shall  be  paid 
by  said  justices  of  the  peace  into  the  county  treasury,  as  the  fees  of  county 
officers  are  paid  in. 

In  townships  having  a  population  of  not  less  than  two  thousand  and 
under  three  thousand,  thirty  dollars  per  month,  which  shall  be  in  full  com- 
pensation for  all  services  rendered  in  criuiinal  cases.  In  addition  to  the 
abo'/e  salary  each  justice  of  the  peace  shall  collect  and  retain  for  his  own 
use  and  benefit  in  civil  eases,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 


209  COUNTY  GOVERNMENT.  Act  837,  §  175 

In  tovv'nships  having  a  population  of  not  less  than  one  thousand  and 
under  two  thousand,  twenty  dollars  per  month,  which  shall  be  in  full 
compensation  for  all  services  rendered  in  criminal  cases.  In  addition  to 
the  above  salary  each  justice  of  the  peace  shall  collect  and  retain  for  his 
own  use  and  benefit  in  civil  cases,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

In  townships  having  a  population  of  less  than  one  thousanil,  fifteen  dol- 
lars per  month,  which  shall  be  in  full  compensation  for  all  services  ren- 
dered in  criminal  cases.  In  addition  to  the  above  salary  each  justice  of 
the  peace  shall  collect  and  retain  for  his  own  use  and  benefit  in  civil 
cases,  such  fees  as  are  now  or  may  be  hereafter  allowed  by'  law. 

14.  Constables  shall  receive  the  following  monthly  salaries,  to  be  paid 
each  month  as  salaries  of  county  otReers  are  paid,  which  shall  be  in  full 
compensation  for  all  services  rendered  by  them  in  criminal  cases: 

In  townships  having  a  population  of  more  than  three  thousand,  fifty 
dollars  per  month.  In  addition  to  the  monthly  salary  allow^ed  herein, 
each  constable  may  collect  and  retain  for  his  own  use  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law  for  all  services  performed  by  him 
in  civil  actions. 

In  townships  having  a  population  of  not  less  than  two  thousand  and 
under  three  thousand,  forty  dollars  per  month.  In  addition  to  the 
monthly  salary  allowed  herein,  each  constable  may  collect  and  retain  for 
his  own  use  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law  for 
all  services  performed  in  civil  cases. 

In  townships  having  a  population  of  not  less  than  one  thousand  and 
under  two  thousand,  twenty-five  dollars  per  month.  In  addition  to  the 
monthly  salary  allowed  herein,  each  constable  may  collect  and  retain  for 
his  own  use  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law  for 
all  services  performed  by  him  in  civil  cases. 

In  townships  having  a  population  of  less  than  one  thousand,  ten  dollars 
per  month.  In  addition  to  the  monthly  salary  allowed  herein,  each  con- 
stable may  collect  and  retain  for  his  own  use  such  fees  as  are  now  or  may 
be  hereafter  allowed  bj-  law  for  all  services  performed  in  civil  cases. 

In  addition  to  the  monthly  salary  allowed  herein,  each  constable  shall 
also  be  allowed  ten  cents  per  mile  for  each  mile  necessarily  traveled  in 
the  execution  of  all  criminal  process,  and  all  expenses  necessarily  and 
actually  incurred  by  him  in  transporting  prisoners  to  court  and  to  prison. 

15.  It  shall  be  the  duty  of  each  and  every  constable  and  justice  of  the 
peace  to  file,  on  or  before  the  first  Monday  of  each  and  every  month,  a 
full  and  complete  statement,  showing  all  business  both  civil  and  criminal 
done  during  the  preceding  month  with  the  board  of  supervisors,  and  sh-11 
file  same  on  or  before  said  date  above  mentioned  with  the  clerk  of  said 
board.  The  statement  of  the  constables  shall  contain  a  full  and  correct 
account  of  all  process  served  in  both  civil  and  criminal  actions,  also  in 
criminal  cases  places  where  defendants  were  arrested,  together  with  the 
mileage.  And  justices  of  the  peace  shall  file  a  full  and  correct  state- 
ment of  all  civil  and  criminal  actions  and  fees  received  therefrom.  Said 
statements  to  be  sworn  to  either  before  the  county  clerk  or  some  officer 
allowed  by  law  to  administer  oaths. 

Gen.  Laws — 14 


Act  837,  §176  GENERAL  LAWS,  210 

16.  The  board  of  supervisors  shall  determine  the  population  of  each 
township  for  the  purpose  of  fixing  the  salary  of  the  township  officers  afore- 
said. 

17.  The  provisions  of  section  one  hundred  and  seventy-five  shall  be  in 
force  from  and  after  the  passage  of  this  act. 

18.  Each  supervisor,  $1,000  per  annum  for  personal  services  performed 
by  him  as  supervisor,  member  of  the  board  of  equalization  and  road 
commissioner.  Each  supervisor  shall  also  receive  his  actual  and  necessary 
traveling  expenses  incurred  in  performing  any  of  the  duties  of  his  office, 
to  be  allowed  by  the  board  of  supervisors  and  paid  out  of  the  county 
general  fund;  provided,  that  the  amount  so  allowed  him  for  such  expenses 
shall  not  exceed  $40  for  any  one  month. 

19.  No  fees  shall  be  allowed  the  sheriff  or  tax  collector  for  collecting 
licenses  in  counties  of  this  class.  [Amendment  approved  March  20,  1905. 
Stats.  1905,  p.  482.     In  effect  immediately.] 

§  176.  In  counties  of  the  nineteenth  class  the  county  officers  shall 
receive,  as  compensation  for  the  services  required  of  them  by  law  or  by 
virtue  of  their  office,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  thirty-two  hundred  and  fifty  dollars  per  annum; 
provided  that  in  counties  of  this  class  there  shall  be  one  deputy  county 
clerk,  who  shall  be  appointed  by  the  county  clerk,  and  paid  a  salary  of 
seventy-five  dollars  per  month,  said  salary  to  be  paid  by  the  said  county 
in  monthly  installments,  at  the  same  time  and  in  the  same  manner  and 
out  of  the  same  fund  as  the  salary  of  the  county  clerk  is  paid. 

li/j-  A  registration  clerk  to  be  appointed  by  the  county  clerk  and  to 
hold  office  during  the  pleasure  of  the  county  clerk,  at  a  salary  of  seventy- 
five  dollars  per  month,  payable  out  of  the  same  fund  and  in  the  same 
manner  as  the  salary  of  other  county  officers  are  paid. 

2.  The  sheriff,  five  thousand  dollars  per  annum,  and  such  mileage  as 
is  now  allowed  by  law;  all  expenses  incurred  in  criminal  cases,  and  also 
all  fees  for  services  of  papers  in  actions  arising  outside  of  his  county  and 
the  sum  of  thirty-seven  and  one  half  cents  per  day,  for  feeding  each 
prisoner  committed  to  his  custody;  and  one  deputy  sheriff  to  act  as  jailer, 
shall  be  appointed  by  the  sheriff,  and  be  paid  a  salary  of  fifty  dollars  per 
month,  said  salary  to  be  paid  by  the  said  county  in  monthly  installments, 
at  the  same  time  and  in  the  same  manner  and  out  of  the  same  fund  as 
the  salary  of  the  sheriff  is  paid. 

3.  The  recorder,  thirty-two  hundred  and  fifty  dollars  per  annum,  and 
ten  cents  per  name  for  inserting  each  name  (as  grantor  or  grantee),  in 
the  general  index;  and  ten  cents  for  each  and  every  mortgage,  trust-deed 
and  tax  sale  abstracted  in  preparing  abstract  of  mortgage  and  tax  sales 
for  the  assessor;  the  cost  thereof  shall  be  a  charge  against  the  county 
and  payable  out  of  the  general  fund. 

4.  The  auditor,  two  thousand  four  hundred  dollars  per  annum.  The 
county  auditor  shall  charge  and  collect  for  the  clerical  service  of  making 
estimates  of  tax  sales  provided  for  in  section  3817  of  the  Political  Code, 
the  sum  of  twenty-five  cents  for  each  tax  sale.  If  the  property  is 
delinquent  for  two  years  or  less,  the  sum  of  fifty  cents  for  each  sale  if 
the  property  is  delinquent  for  more  than  two  years. 


211  COUNTY  GOVERNMENT.  Act  837,  §  176 

If  said  estimates  are  returned  to  the  auditor  and  redemption  made 
within  ten  days  from  date  of  issue  and  prior  to  the  charge  of  penalty, 
as  provided  for  in  section  number  3817  of  the  Political  Code,  the  amount 
charged  for  making  said  estimates  shall  be  refunded  to  the  redemptionev. 
If  the  redemption  is  not  made  as  herein  provided  then  the  sum  charged 
for  making  the  estimate  shall  be  retained  by  said  auditor  for  his  services 
of  making  said  estimates. 

5.  The  treasurer,  eighteen  hundred  dollars  per  annum;  provided,  that  in 
counties  of  this  class  there  shall  be  one  deputy  treasurer,  who  shall  be 
appointed  by  the  treasurer,  and  paid  a  salary  of  sixty-five  dollars  per 
month;  said  salary  to  be  paid  by  the  said  county  in  monthly  installments, 
at  the  same  time  and  in  the  same  manner  and  out  of  the  same  fund  as 
the  salary  of  the  treasurer  is  paid;  provided  that  a  bond  of  the  treasurer 
shall  be  executed  with  a  reliable  bond  and  security  company,  and  that  the 
cost  of  said  bond,  when  duly  approved,  shall  be  a  charge  against  the 
county  and  payable  out  of  the  geueral  fund. 

6.  The  tax  collector,  eighteen  hundred  dollars  per  annum,  and  as  license 
tax  collector,  ten  per  cent,  of  all  licerscs  collected;  provided,  that  in 
counties  of  this  class  there  shall  be  one  deputy  tax  collector,  who  shall  be 
appointed  by  the  tax  collector,  and  paid  a  salary  of  sixty-five  dollars  per 
month,  said  salary  to  be  paid  by  the  said  county  in  monthly  install- 
ments, at  the  same  time  and  in  the  same  manner  and  out  of  the  same 
fund  as  the  salary  of  the  tax  collector  is  paid. 

7.  The  district  attorney,  twenty-five  hundred  dollars  per  annum;  pro- 
vided, that  in  counties  of  this  class  there  shull  be  one  deputy  district 
attorney,  who  shall  be  appointed  by  the  district  attorney,  and  paid  a 
salary  of  one  hundred  dollars  per  month,  said  salary  to  be  paid  by  the 
said  county  in  monthly  installments,  at  the  same  time  and  in  the  same 
manner  and  out  of  the  same  fund  as  the  salary  of  the  district  attorney 
is  paid. 

8.  The  superintendent  of  schools,  eighteen  hundred  dollars  per  annum, 
and  actual  traveling  ex^^enses  when  visiting  the  schools  of  his  county; 
provided,  that  in  counties  of  this  class  there  shall  be  one  deputy  superin- 
tendent of  schools,  who  shall  be  appointed  by  the  superintendent  of 
schools,  and  paid  a  salary  of  seventy-five  dollars  per  month,  said  salary 
to  be  paid  by  the  said  county  in  monthly  installments,  at  the  same  time 
and  in  the  same  manner  and  out  of  the  same  fund  as  the  salary  of  the 
superintendent  of  schools  is  paid. 

9.  The  assessor,  thirty-two  hundred  and  fifty  dollars  per  annum;  pro- 
vided', that  in  counties  of  this  class  there  shall  be  one  deputy  assessor, 
who  shall  be  appointed  by  the  assessor,  to  hold  office  during  the  months 
of  March,  April,  May,  and  June,  in  each  year,  and  be  paid  a  salary  of 
seventy-five  dollars  per  month,  during  said  four  months,  said  salary  to 
be  paid  by  the  said  county  in  monthly  installments  at  the  same  time 
and  in  the  same  manner  and  out  of  the  same  fund  as  the  salary  of  the 
assessor  is  paid. 

10.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

11.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 


Act  837,  §  176  GENERAL  LAWS.  212 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

13.  Justices  of  the  peace  shall  receive  the  following  monthly  salaries, 
to  be  paid  each  month  as  the  salaries  of  county  officers  are  paid,  whieu 
shall  be  in  full  for  all  services  rendered  by  them  in  criminal  cases:  In 
townships  having  a  population  of  three  thousand  or  more,  one  hundred 
dollars  a  month;  in  townships  having  a  population  of  twenty-five  hundred 
and  less  than  three  thousand,  fifty  dollars  a  month;  in  townships  having 
a  population  of  two  thousand  and  less  than  twenty-five  hundred,  forty- 
five  dollars  a  month;  in  townships  having  a  population  of  twelve  hundred 
and  less  than  two  thousand,  forty  dollars  a  month;  in  townships  having 
a  population  of  one  thousand  and  less  than  twelve  hundred,  'twenty  dollars 
a  month;  in  townships  having  a  population  of  four  hundred  and  fifty,  and 
less  than  one  thousand,  fifteen  dollars  a  month;  in  townships  having  a 
population  of  less  than  four  hundred  and  fifty,  five  dollars  a  month.  Each 
justice  must  pay  into  the  county,  once  a  month,  all  fines  collected  by  him 
in  criminal  cases,  and  the  auditor  must  withhold  warrants  for  salary  until 
a  sworn  statement  has  been  filed  with  him  of  all  criminal  cases  tried  and 
fines  collected  and  paid  into  the  county  treasury.  In  addition  to  the 
monthly  salary  allowed  herein,  each  justice  may  receive  for  his  own  use  in 
civil  cases  the  fees  allowed  by  law.  For  all  services  appertaining  to  the 
coroner's  office  which  the  coroner  is  unable  to  attend  to,  the  justice  of  the 
peace  shall  receive  the  same  fees  as  are  allowed  the  coroner  in  similar 
cases. 

14.  Constables  shall  receive  the  following  salaries  to  be  paid  each  month 
as  the  salaries  of  county  officers  are  paid,  which  shall  be  in  full  for  all 
services  rendered  by  them  in  criminal  cases:  In  townships  having  a  popu- 
lation of  three  thousand  or  more,  one  hundred  dollars  a  month;  in  town- 
ships having  a  population  of  twenty-five  hundred  and  less  than  three 
thousand,  eighty  dollars  a  month;  in  townships  having  a  population  of  two 
thousand  and  less  than  twenty-five  hundred,  seventy-seven  and  one-half 
dollars  a  month;  in  townships  having  a  population  of  twelve  hundred  and 
less  than  two  thousand,  seventy-five  dollars  a  month;  in  townships  having 
a  population  of  one  thousand  and  less  than  twelve  hundred,  thirty-five 
dollars  a  month;  in  townships  having  a  population  of  four  hundred  and 
fifty  and  less  than  one  thousand,  twenty-five  dollars  a  month;  in  town- 
ships having  a  population  of  less  than  four  hundred  and  fifty,  five  dollars 
a  month;  provided  further,  that  in  addition  to  the  salary  herein  allowed, 
each  constable  shall  be  paid  out  of  the  treasury  of  the  county  for  travel- 
ing expenses  outside  of  his  township,  for  service  of  a  warrant  of  arrest 
or  any  other  paper  in  a  criminal  case,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law.  For  transporting  prisoners  to  the  county  yd\l, 
the  actual  expense  of  such  transi^ortation.  In  addition  to  the  montMy 
salaries  allowed  him  herein,  each  constable  may  receive  for  his  own  use. 
in  civil  cases  the  fees  allowed  by  law. 

1.5.  The  population  of  the  several  judicial  townships,  for  the  purpose 
of  fixing  the  compensation  of  township  officers,  shall  be  ascertained  and 
declared  by  the  board  of  supervisors  on  the  first  Monday  after  the  first 
day  of  January,  nineteen  hundred  and  three,  and  on  the  first  Monday 
after  the  first  day  of  January  every  succeeding  two  years  thereafter. 


213  COUNTY  GOVERN.MENT.  Act  837,  §  177 

16.  Each  member  of  the  board  of  supervisors,  nine  hundred  dolhirs  per 
annum:   And  as  road  commissioner,  three  hundred  dollars  per  annum. 

17.  Grand  jurors  or  trial  jurors  in  criminal  cases  in  the  superior  court 
shall  receive,  as  compensation  for  each  day's  attendance,  per  day, 
three  dollars;  and  for  each  mile  actually  traveled,  in  attending 
court  as  a  grand  juror  or  juror  in  a  criminal  case,  in  the  superior  court 
in  going  only,  per  mile,  fifteen  cents.  The  county  clerk  shall  certify  to 
the  auditor  the  number  of  days  attendance  and  the  number  of  miles  trav- 
eled by  each  juror,  and  the  auditor  shall  draw  his  warrant  for  the  amount 
to  which  each  juror  is  entitled,  and  the  treasurer  Fhall  pay  the  same. 
[Amendment  approved  March  20,  1905.  Stats.  1905,  p.  352.  In  effect 
in  sixty  days.] 

§177.  In  counties  of  the  twentieth  class,  county  officers  shall  receive 
as  compensation  for  the  services  required  of  them  lay  law  or  by  virtue  of 
their  offices,   the   following  salaries,  to   wit: 

1.  The  county  clerk,  three  thousand  two  hundred  dollars  per  annum; 
provided,  that  in  years  when  a  great  register  is  ordered  the  county  clerk 
shall  receive  in  addition  to  his  regular  salary  the  sura  of  five  hundred 
dollars  for  such  service. 

2.  The  sheriiJ,  forty-three  hundred  dollars  per  annum,  and  all  commis- 
sions, fees  and  mileage  for  the  service  of  papers  or  process  coming  from 
courts  other  than  those  of  his  own   county. 

3.  The  recorder,  twelve  hundred  dollars  per  annum,  and  six  cents  per 
folio  for  every  instrument  of  any  character  transcribed  by  him  or  his 
deputies,  and  five  cents  for  each  name  indexed,  which  said  amount  shall 
be  paid  out  of  the  county  treasury,  and  which  payment  shall  be  in  full 
for  all  services,  including  the  recording  of  mining  claims. 

4.  The  auditor,  two  thousand  t"wo  hundred  dollars  per  annum.  The 
county  auditor  shall  charge  and  collect  for  the  clerical  labor  of  making 
estimates  of  tax  sales,  provided  for  in  section  thirty-eight  hundred  and 
seventeen  of  the  Political  Code,  the  sum  of  twenty-five  cents  for  each 
tax  sale,  if  the  property  is  delinquent  for  two  years  or  less;  and  the 
sum  of  fifty  cents  for  each  sale  if  said  property  is  delinquent  for  more 
than  two  years.  If  said  estimates  are  returned  to  the  auditor  and  re- 
demption made  within  twenty  days  from  the  date  of  issue  and  prior  to 
the  charge  of  penalties  as  provided  in  section  thirty-eight  hundred  and 
seventeen  of  the  Political  Code,  the  amounts  charged  for  making  said 
estimates  shall  be  refunded  to  the  redemptioner;  if  redemption  is  not 
made  as  herein  provided,  then  the  sums  charged  for  making  the  esti- 
mates shall  be  retained  by  the  auditor  for  his  services  of  making  said 
estimates. 

5.  The  treasurer,  eighteen  hundred  dollars  per  annum;  provided,  that 
in  counties  of  this  class  there  shall  be  and  there  hereby  is  allowed  to 
the  treasurer  one  deputy,  to  be  appointed  by  him,  who  shall  receive 
from  the  county  a  salary  of  forty  dollars  ($10)  per  month,  to  be  paid  by 
said  county  in  monthly  installments  at  the  same  time  and  in  the  same 
manner  and  out  of  the  same  fund  as  the  salary  of  the  treasurer. 

6.  The  tax  collector,  twenty-five  hundred  dollars  per  annum. 


Act  837,  §  177  GENERAL  LAWS.  214 

7.  The  assessor,  forty-eight  hundred  dollars  per  annum,  which  shall  be 
hi  full  for  all  work  in  his  office  and  for  his  field  deputies. 

8.  The  district  attorney,  eighteen  hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be  allowed  by 
law. 

10.  The  public  administrator,  such  fees  as  are  now,  or  may  be  here- 
after allowed  by  law. 

11.  The  superintendent  of  schools,  two  thousand  dollars  per  annum. 
His  office  shall  be  kept  open  on  all  business  days  from  9  A.  M.  to  5  P.  M. 
He  shall  be  allowed  his  actual  traveling  expenses  when  visiting  the 
schools  of  his  county,  provided  that  in  counties  of  this  class  there  shall 
be  and  there  hereby  is  allowed  to  the  county  school  superintendent  of 
schools,  one  deputy  to  be  appointed  by  him  who  shall  receive  from  the 
county  a  salary  of  eighty-five  dollars  ($85)  per  month,  to  be  paid  by 
said  county  in  monthly  installments  at  the  same  time  and  in  the  same 
manner  and  out  of  the  same  fund  as  the  salary  of  the  superintendent  of 
schools. 

12.  The  surveyor,  fifteen  hundred  dollars  per  annum,  and  in  addition 
thereto  all  necessary  expenses  and  transportation  on  work  performed  in 
the  field;  provided,  that  in  counties  of  this  class,  when  the  board  of 
supervisors  order  a  new  set  of  assessors  maps  made,  there  shall  be  and 
there  hereby  is  allowed  to  the  surveyor,  for  such  purpose,  three  draughts- 
men, who  shall  be  appointed  by  the  surveyor  of  said  county  and  sliall 
be  paid  salaries  as  follows:  One  draughtsman  at  a  salary  of  eighty  dol- 
lars ($80)  per  month;  two  draughtsmen  at  a  salary  of  seventy-five 
dollars  ($75)  per  month  each.  The  salaries  of  the  draughtsmen,  herein 
provided  for,  shall  be  paid  in  monthly  installments  at  the  same  time 
and  in  the  same  manner  and  out  of  the  same  fund  as  the  salary  of  the 

'  surveyor. 

13.  Justices  of  the  peace  shall  receive  the  following  monthly  salaries, 
to  be  paid  each  month,  as  salaries  of  the  county  officers  are  paid,  which 
shall  be  in  full  for  all  services  rendered  by  them  in  criminal  cases:  In 
townships  having  a  population  of  eight  thousand  or  more,  seventy-five 
dollars  per  month;  in  townships  having  a  population  of  six  thousand  and 
less  than  eight  thousand,  fifty  dollars  per  month;  in  townships  having 
a  population  of  four  thousand  and  less  than  six  thousand,  twenty-five 
dollars  per  month;  in  townships  having  a  population  of  two  thousand 
and  less  than  four  thousand,  fifteen  dollars  per  month;  in  townships 
having  a  population  of  one  thousand  and  less  than  two  thousand,  ten 
dollars  per  month;  in  townships  having  a  population  of  less  than  one 
thousand,  five  dollars  per  month;  provided,  that  in  all  townships  hav- 
ing an  area  equal  to  or  exceeding  one  thousand  square  miles,  such  sal- 
ary shall  not  be  less  than  fifty  dollars  per  month.  Each  justice  must 
pay  into  the  county  treasury,  once  a  month,  all  fines  collected  by  him  in 
criminal  cases,  and  the  auditor  shall  withhold  warrant  for  salary  until 
a  sworn  statement  has  been  filed  with  him  of  all  criminal  cases  tried 
and  fines  collected  and  paid  into  the  county  treasury.  In  addition  to 
the  monthly  salary  allowed  herein,  each  justice  may  receive  for  his  own 


215  COUNTY  GOVERNMENT.  Act  837,  §  177 

use  in  civil  cases  the  fees  allowed  by  law.  For  all  services  appertaining 
to  the  coroner's  office  which  the  coroner  is  unable  to  attend  to,  the  jus- 
tice of  the  peace  shall  receive  the  same  fees  as  are  allowed  the  coroner 
in  similar  ra?cs. 

14.  Constables  .shall  receive  the  follownng  monthly  salaries,  to  be  paid 
each  month  as  the  salaries  of  county  officers  are  paid,  which  shall  be  in 
full  for  all  services  rendered  by  them  in  criminal  cases:  In  townships 
having  a  population  of  eight  thousand  or  more,  seventy-five  dollars  a 
month;  in  townships  having  a  population  of  six  tliousand  and  less  than 
eight  thousand,  fifty  dollars  a  month;  in  townships  having  a  population 
of  four  thousand  and  less  than  six  thousand,  twenty-five  dollars  a  montli; 
in  townships  having  a  population  of  two  thousand  and  less  than  four 
thousand,  fifteen  dollars  a  month;  in  townships  having  a  population  of 
one  thousand,  and  less  than  two  thousand,  ten  dollars  a  month;  in  town- 
ships having  a  population  of  less  than  one  thousand,  five  dollars  a  month; 
provided  that  in  all  townships  having  an  area  equal  to  or  exceeding  one 
thousand  square  miles,  such  salary  shall  not  be  less  than  fifty  dollars 
per  month;  provided  further,  that  in  addition  to  the  salary  herein  al- 
lowed, each  constable  shall  be  paid  out  of  the  treasury  of  the  county 
for  traveling  expenses  outside  of  his  own  township,  for  service  of  a 
warrant  of  arrest  or  any  other  paper  in  a  criminal  case,  both  going  and 
returning,  ten  cents  per  mile;  for  each  mile  traveled  out  of  his  county, 
both  going  and  returning  from  the  place  of  arrest  or  other  service,  five 
cents  per  mile.  For  transporting  prisoners  to  the  county  jail,  the 
actual  cost  of  such  transportation.  In  addition  to  the  monthly  salary 
allowed  him  herein,  each  constable  shall  receive  for  his  own  use  in  civil 
cases  the  fees  allowed  by  law. 

15.  The  population  of  the  several  townships  shall  be  determined  by  the 
last  United  States  census,  and  in  case  townships  are  formed  after  the 
taking  of  the  census,  then  the  population  shall  be  determined  by  multi- 
plj'ing  the  vote  for  presidential  electors  cast  in  such  township  at  the 
last  preceding  general  election  by  five. 

16.  Each  supervisor,  five  hundred  dollars  per  annum,  and  fifteen  cents 
per  mile  one  way  for  traveling  from  his  residence  to  the  county  seat; 
provided,  that  not  more  than  four  mileages  shall  be  allowed  in  any  one 
month.  When  serving  as  road  commissioner,  such  fees  as  are  now  or 
may  be  hereafter  allowed  by  law. 

17.  In  counties  of  this  class  the  official  reporter  of  the  superior  court 
shall  receive  as  full  compensation  for  taking  notes  in  civil  and  criminal 
cases  tried  in  said  court,  and  for  taking  notes  of  the  proceedings  and 
testimony  at  all  coroner's  inquests  in  the  county,  when  requested  by  the 
coroner,  and  for  taking  notes  of  the  testimony  and  proceedings  in  all 
examinations  before  committing  magistrates,  when  requested  by  the  dis- 
trict attorney,  a  monthly  salary  of  one  hundred  dollars  ($100)  payable 
out  of  the  count}''  treasury,  at  the  same  time  and  in  the  same  manner 
as  the  salaries  of  county  officers;  and  for  transcription  of  said  notes 
when  required  he  shall  receive  the  sum  of  five  cents  per  folio  for  the 
original  and  five  cents  per  folio  for  copy,  said  compensation  for   tran- 


Act  837,  §§  1771/2,  178  GENERAL  LAWa.  216 

scription  in  criminal  cases,  coroner's  inquests  and  preliminary  examina- 
tions to  be  audited  and  allowed  by  the  board  of  supervisors  as  other 
claims  against  the  county  and  paid  out  of  the  county  treasury,  and  in 
civil  cases  to  be  paid  by  the  party  ordering  the  same,  or  when  ordered 
by  the  judge  by  either  party,  or  jointly  by  both  parties,  as  the  court 
may  direct.  When  necessary  for  such  reporter  to  travel  away  from  the 
county  seat  in  the  performance  of  his  duty,  he  shall  receive  his  actual 
and  necessary  traveling  expenses,  to  be  allowed  and  paid  by  the  board 
of  supervisors  as  are  the  other  county  charges.  [Amendment  approved 
March  20,  1905.     Stats.  1905,  p.  301.     In  effect  in  sixty  days.] 

§  Y71V2-  In  counties  of  the  twentieth  class  the  treasurer  may  appoint 
one  deputy,  who  shall  receive  from  the  county  a  salary  of  forty  dollars 
($40)  per  month,  to  be  paid  by  such  county  in  monthly  installments 
at  the  same  time  and  in  the  same  manner  and  out  of  the  same  fund  as 
the  salary  of  the  treasurer.  [New  section  added  March  16,  1903.  Stats. 
1903,  p.  156.     In  effect  immediately.] 

§  178.  In  counties  of  the  twenty-first  class  county  officers  shall  re- 
ceive, as  compensation  for  the  services  required  of  them  by  law  or  by 
virtxie  of  their  .officers,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  three  thousand  dollars  per  annum,  and  when  a 
great  register  of  votes  is  ordered  he  shall  receive  six  hundred  and 
fifty  dollars  additional,  which  shall  be  in  full  for  all  services  rendered 
in  registering  votes  and  making  the  great  register. 

2.  The  sheriff,  six  thousand  dollars  per  annum.  The  sheriff  shall  also 
receive  for  his  own  use,  for  serving  all  papers  issued  from  justices' 
courts,  the  same  fees  as  are  now  or  may  be  hereafter  allowed  by  law 
to  constables  for  like  service. 

3.  The  recorder,  three  thousand  two  hundred  dollars  per  annum. 

4.  The  auditor,  eight  hundred  dollars  per  annum. 

5.  The  treasurer,  two  thousand  five  hundred  dollars  per  annum. 

6.  The  tax  collector,  six  hundred  and  fifty  dollars  per  annum. 

7.  The  assessor,  five  thousand  five  hundred  dollars  per  annum. 

8.  The  district  attorney,  two  thousand  five  hundred  dollars  per  an- 
num; and  the  district  attorney  may  appoint  one  deputy,  which  office  is 
hereby  created,  at  a  salary  of  six  hundred  dollars  per  annum.  The 
deputy  district  attorney  to  hold  office  at  the  pleasure  of  the  district  at- 
torney. The  salary  of  such  deputy  to  be  paid  monthly  and  in  the  same 
manner  as  salaries  of  county  officers  are  now  paid. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

10.  The  public  administrator,  four  hundred  dollars  per  annum. 

11.  The  superintendent  of  schools,  two  thousand  dollars  per  annum; 
provided,  if  he  shall  engage  in  any  other  occupation  during  his  term  of 
office  his  salary  shall  only  be  six  hundred  dollars  per  annum. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed 
by  law. 

13.  Each  member  of  the  board  of  supervisors  shall  receive  for  his 
services  the  sum  of  nine  hundred  dollars  per  annum,  and  twenty  cents 


217  COUNTY  GOVERNMENT.  Act  837,  §  179 

per  mile  in  traveling  to  and  from  his  residence  to  the  county  scat;  pro- 
vided, that  no  more  than  one  mileage  at  any  one  term  of  the  board  shall 
be  allowed,  and  that  one-fourth  of  the  annual  salary  shall  be  paid  at 
the  close  of  each  quarterly  session  of  the  board. 

14.  Justices  of  the  peace,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law;  provided,  that  justices  of  the  peace  of  townships  con- 
taining four  thousand  five  hundred  inhabitants  or  more  shall  be  allowed 
a  salary  of  six  hundred  dollars  per  annum,  payable  monthly  and  in  the 
same  manner  as  salaries  of  county  officers  are  paid,  and  shall  be  in  full 
for  all  services  rendered  by  him  in  criminal  cases;  provided,  further, 
that  justices  of  the  peace  shall,  before  receiving  their  monthly  salary, 
file  with  the  auditor  a  statement  of  all  fines  received,  together  with  the 
treasurer's  receipt  for  same.  All  fines  collected  by  justices  of  the  peace 
shall  be  turned  over  to  the  county  treasurer  of  said  county  within  ten 
days  after  receipt  of  same;  provided,  that  all  fines  collected  for  city 
offenses  shall  be  turned  over  to  the  city  treasurer  of  the  city  where  the 
offense  shall  have  been  committed.  In  addition  to  the  monthly  salaries 
herein  allowed,  each  justice  of  the  peace  may  receive  and  retain  for  his 
own  use  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law,  for 
all  services  rendered  by  him  in  civil  actions. 

15.  Constables,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law;  provided,  that  constables  of  townships  containing  two  thousand 
inhabitants  or  more  shall  be  allowed  a  salary  of  four  hundred  and 
eighty  dollars  per  annum,  payable  monthly  and  in  the  same  manner  as 
county  officers  are  paid,  and  shall  be  in  full  for  all  services  rendered  by 
them  in  criminal  cases;  provided,  further,  that  they  shall  be  allowed  all 
necessary  expenses  actually  incurred  in  arresting  and  conveying  prisoners 
to  the  county  jail  which  said  expense  shall  be  audited  and  allowed  by 
the  board  of  supervisors  and  paid  out  of  the  county  treasury.  In  addi- 
tion to  the  monthly  salary  herein  allowed,  each  constable  may  receive 
and  retain  for  his  own  use  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law,  for  all  services  rendered  by  him  in  civil  actions.  For 
the  purpose  of  regulating  salaries  of  justices  and  constables,  townships 
in  this  class  of  counties  are  hereby  classified  according  to  their  popula- 
tion as  shown  by  the  federal  census  of  one  thousand  nine  hundred. 

16.  In  counties  of  this  class  the  official  reporter  of  the  superior  court 
shall  receive  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law, 
and  when  necessary  for  such  reporter  to  travel  away  from  the  county 
seat  in  the  performance  of  his  duty,  he  shall  receive  his  actual  and 
necessary  traveling  expenses,  to  be  allowed  and  paid  by  the  board  of 
supervisors  as  are  other  county  charges.  [Amendment  approved  March 
20,  1905.     Stats,  1905,  p.  361.     In  effect  immediately.] 

§  179.  In  counties  of  the  twenty-second  class  the  county  officers  shall 
receive,  as  compensation  for  the  services  required  of  them  by  law  or  by 
virtue  of  their  offices,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  three  thousand  dollars  per  annum,  and  when  a 
new  great  register  of  voters  is  ordered,  he  shall  receive  three  hundred 


Act  837,  §  179  GENERAL  LAWS.  218 

dollars  additional,  which  shall  be  in  full  for  all  services  required  in  reg- 
istering voters  and  making  the  great  register. 

2.  The  sheriff,  fifty-one  hundred  dollars  per  annum,  which  includes 
the  fifteen  hundred  dollars  heretofore  allowed  the  under-sheriff.  He  shall 
also  have  for  his  own  use  all  fees  for  service  of  all  papers  served  by  him 
and  issued  without  his  county.  The  said  fifty-one  hundred  dollars  to  be 
in  full  of  all  fees  or  percentages  as  license  collector. 

3.  The  recorder,  thirty-two  hundred  dollars  per  annum,  in  full  of  all 
services,  including  filing  and  recording  mining  and  other  location  notices. 

4.  The  auditor,  twelve  hundred  dollars  per  annum. 

5.  The  treasurer,  eighteen  hundred  dollars  per  aunum. 

6.  The  tax  collector,  one  thousand  dollars  per  annum. 

7.  The  assessor,  twelve  hundred  dollars  per  annum,  and  he  is  hereby 
allowed  in  addition  thereto  ten  deputies,  to  be  appointed  by  him,  who 
shall  each  receive  four  dollars  per  day  for  not  exceeding  three  months 
in  any  calendar  year,  while  engaged  in  the  performance  of  their  duties; 
provided,  that  the  amount  paid  for  services  of  deputy  assessors  shall 
not  exceed  twenty-four  hundred  dollars  in  any  one  year. 

8.  The  district  attorney,  twenty-one  hundred  dollars  per  annum,  and 
he  is  hereby  allowed  in  addition  thereto  one  deputy  appointed  by  him, 
who  shall  receive  nine  hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

11.  The  superintendent  of  schools,  eighteen  hundred  dollars  per  an- 
num, and  necessary  expenses  for  traveling  in  visiting  schools  in  the 
county,  to  be  allowed  by  the  supervisors  of  the  county. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

13.  For  the  purpose  of  regulating  the  compensation  of  justices  of  the 
peace  and  constables,  townships  in  this  class  of  counties  are  hereby 
classified  according  to  their  population,  as  shown  by  the  federal  census 
of  nineteen  hundred,  as  follows: 

Townships  having  a  population  of  three  thousand  or  more  shall  belong 
to  and  be  known  as  townships  of  the  first  class;  townships  having  a 
population  of  two  thousand  and  less  than  three  thousand,  shall  belong 
to  and  be  known  as  townships  of  the  second  class;  townships  having  a 
])opulation  of  one  thousand  six  hundred  and  less  than  two  thousand  shall 
belong  to  and  be  known  as  townships  of  the  third  class;  and  townships 
having  a  population  of  less  than  one  thousand  six  hundred  shall  belong 
to  and  be  known  as  townships  of  the  fourth  class. 

Justices  of  the  peace  shall  receive  the  following  salaries,  which  shall 
be  paid  monthly,  in  the  same  manner  as  the  salaries  of  countj^  officers 
are  paid,  out  of  the  general  fund  of  the  county,  and  which  shall  be  in 
full  of  all  services  rendered   by  them   in   criminal  cases,   to  wit: 

In  townships  of  the  first  class,  eighty-five  dollars  per  month;  in  town- 
ships of  the  second  class,  seventy-five  dollars  per  month;  in  townships 


219  COUNTY  GOVERNMENT.  Act  837,  §  179 

of  the  third  class,  twenty  dollars  per  month;  and  in  townships  of  the 
fourth   class   ten   dollars   per   month. 

In  addition  to  the  monthly  salaries  herein  allowed  for  services  in 
rriminal  actions,  cases  and  examinations,  each  justice  of  the  peace  may, 
for  his  own  use,  collect  the  following  fees,  and  no  other,  in  civil  ac- 
tions: 

Each  justice  of  the  peace  shall  be  allowed,  in  civil  actions  before  him, 
for  all  services  to  be  performed  by  him  before  trial,  three  dollars;  and 
for  the  trial,  and  all  proceedings  subsequent  thereto,  including  all  affi- 
davits, swearing  of  witnesses  and  jury,  and  the  entry  of  judgment  and 
issue  of  execution  thereon,  four  dollars;  and  fifteen  cents  for  each  hour 
actually  engaged  in  such  trial  after  the  expiration  of  eight  hours;  and 
in  all  cases  where  judgment  is  rendered  by  default  or  confession,  for  all 
services,  including  execution  and  satisfaction  of  judgment,  three  dol- 
lars. 

For  certificate  and  transmitting  transcript  and  papers  on  appeal,  one 
dollar. 

For  copies  of  papers  on  docket,  per  folio,  ten  cents. 

For  issuing  a  search-warrant,  to  be  paid  by  the  party  demanding  the 
same,  fifty   cents. 

For  celebrating  a  marriage  and  returning  a  certificate  thereof  to  the 
county  recorder,  three  dollars. 

For  taking  an  acknowledgment  of  any  instrument,  for  the  first  name, 
fifty  cents;  for  each  additional  name,  twenty-five  cents. 

For  taking  depositions,  per  folio,  fifteen  cents. 

For  all  services  connected  with  the  posting  of  estrays,  one  dollar. 

In  eases  before  the  justice  of  the  peace,  when  the  venue  shall  be 
changed,  the  justice  before  whom  the  action  shall  be  brought  for  all 
services  rendered,  including  the  making  up  and  transmission  of  the  tran- 
script and  papers,  shall  receive  three  dollars;  and  the  justice  of  the  peace 
before  whom  the  trial  shall  take  place  shall  receive  the  same  fees  as  if 
the  action  had  been  commenced  before  him. 

For  performing  the  duties  of  coroner,  when  the  coroner  fails  to  act, 
the  same  fees  and  mileage  as  are  allowed  the  coroner  in  like  cases. 

For  issuing  each  process,  writ,  order  or  paper  required  by  law  to  be 
issued,  not  otherwise  provided  for,  twenty-five  cents. 

For  each  certificate  or  affidavit  not  otherwise  herein  provided  for, 
twenty-five  cents. 

For  administering  oath  or  affirmation  not  otherwise  herein  provided 
for,  twenty-five  cents. 

For  taking  and  approving  bond  or  undertaking,  including  the  justifica- 
tion of  sureties,  fifty  cents. 

14.  Constables  shall  receive  the  following  salaries,  which  shall  be  paid 
monthly,  in  the  same  manner  as  the  salaries  of  county  officers  are  paid, 
out  of  the  general  fund  of  the  county,  and  which  shall  be  in  full  of  all 
services  rendered  by  them  in  criminal  cases,  to  wit: 

In  townships  of  the  first  class,  one  hundred  dollars  per  month;  in 
townships  of  the  second  class,  seventy-five  dollars  per  month;  in  town- 


Act  837,  §  179  GENERAL.  LAWS.  ^  220 

ships  of  the  third  class,  twenty  dollars  per  month,  and  in  townships  of 
the  fourth  class,  ten  dollars  per  month.  In  addition  to  the  monthly 
salaries  herein  allovt^ed  for  services  in  criminal  actions,  cases  and  pro- 
ceedings, each  constable  shall  also  be  allowed  all  necessary  expenses 
actually  and  properly  incurred,  in  arresting  and  conveying  prisoners  to 
court  or  to  prison,  and  also  all  necessary  expenses  actually  incurred  in 
the  transportation  of  prisoners  from  prison  to  court,  and  the  return  of 
said  prisoners  to  prison;  and  shall  be  allowed,  also,  for  each  mile  actually 
traveled,  both  in  going  and  coming,  in  the  service  of  subpoenas,  in 
criminal  cases,  per  mile,  ten  cents;  which  said  expenses  and  mileage  shall 
be  audited  and  allowed  by  the  board  of  supervisors  as  other  claims 
against  the  county  are  audited  and  allowed,  and  shall  be  paid  out  of 
the  county  treasury. 

In  addition  to  the  monthly  salaries  herein  allowed  for  services  in 
criminal  actions  and  cases,  each  constable  may,  for  his  own  use,  collect 
the  following  fees,  and  no  others,  in  civil  actions: 

For  serving  summons  and  complaint,  for  each  defendant  served,  fifty 
cents. 

For  each  copy  of  summons  for  service,  when  actiially  made  by  him, 
twenty-five  cents. 

For  levying  writ  of  attachment  or  execution,  or  executing  order  of 
arrest,  or  for  the  delivery  of  personal  propertj-,  one  dollar. 

For  serving  writ  of  attachment  or  execution  on  any  ship,  boat,  or 
vessel,  three  dollars. 

For  keeping  personal  property,  such  sum  as  the  court  may  order;  but 
no  more  than  one  dollar  and  fifty  cents  per  day  shall  be  allowed  for  a 
keeper  when  necessarily  employed. 

For  taking  bond  or  undertaking,  fifty  cents. 

For  copies  of  writ  and  other  papers,  except  summons,  complaint,  and 
subpoenas,  per  folio,  ten  cents;  provided,  that  when  correct  copies  are 
furnished  to  him  for  use,  no  charge  shall  be  made  for  such  copies. 

For  serving  any  writ,  notice,  or  order,  except  summons,  complaint, 
and  subpoenas,  for  each  person  served,  fifty  cents. 

For  writing  and  posting  each  notice  of  sale  of  property,  fifty  cents. 

For  furnishing  notice   for   publication,  twenty-five   cents. 

For  serving  subpoenas,  each  witness,  including  copy,  twenty-five  cents. 

For  collecting  money  on  execution,  one  and  one-half  per  cent. 

For  executing   and   delivering   certificate    of    sale,   fifty   cents. 

For  executing  and  delivering  constable's  deed,  one  dollar  and  fifty 
cents. 

For  each  mile  actually  traveled  within  his  township  in  the  service  of 
any  writ,  order,  or  paper,  in  civil  actione,  in  going  only,  per  mile, 
twenty-five   cents. 

For  traveling  outside  of  his  township  to  serve  such  writ,  order,  or 
paper,  in  civil  actions,  in  going  only,  twenty-five  cents  per  mile;  pro- 
vided, that  a  constable  shall  not  be  required  to  travel  outside  of  his 
townsliip  to  serve  any  civil  process,  order,  or  paper.  No  constructive 
mileage  shall  be  charged,  allowed,  or  paid,  in  criminal  or  civil  cases. 


221  COUNTY  GOVERNMENT.  Act  837,  §  179 

For  each  day's  attendance  in  court,  in  civil  cases,  three  dollars  per 
day. 

For  executing  a  search-warrant,  two  dollars;  and  for  each  mile  neces- 
sarily traveled  within  his  county  in  executing  a  search  warrant,  both  in 
going  and  returning  from  place  of  search,  fifteen  cents;  said  fee  and 
mileage  to  be  paid  by  the  party  demanding  the  search. 

For  summoning  a  jury,  in  civil  cases,  two  dollars,  including  mileage. 

For  commissions  for  receiving  and  paying  over  money  on  execution 
without  levy,  or  when  the  goods  or  land  levied  on  shall  not  be  sold,  one 
per  cent.  The  fees  herein  allowed  for  the  levy  of  an  execution,  and  for 
making  or  collecting  the  money  on  execution,  shall  be  collected  from 
the  judgment  debtor,  by  virtue  of  such  execution,  in  the  same  manner  as 
the  sum  herein  directed  to  be  paid. 

County  officers  must,  and  township  officers  may,  demand  the  payment 
of  all  fees  in  advance. 

Justices  of  the  peace  shall,  on  or  before  the  first  Monday  of  each 
month,  pay  into  the  county  treasury  all  moneys  collected  by  them  on 
fines  imposed  and  collected^  and  all  moneys  belonging  to  the  county 
coming  from  any  source. 

The  board  of  supervisors  shall,  within  sixty  days  after  the  passage 
of  this  act,  establish  by  ordinance,  according  to  the  provisions  of  sub- 
divisions thirteen  and  fourteen  of  section  twenty-six,  the  population  of 
the  various  townships  of  this  class  of  counties. 

15.  Each  member  of  the  board  of  supervisors,  five  hundred  dollars  per 
annum  and  ten  cents  per  mile,  one  way,  between  residence  and  county 
seat,  in  attending  upon  all  regular,  special  or  adjourned  meetings  of  the 
board  of  supervisors;  provided,  that  the  chairman  of  the  board  of  super- 
visors may  receive  twenty-five  cents  per  mile,  one  way,  between  resi- 
dence and  the  county  seat,  when  attending  at  the  county  seat  for  the 
single  purpose  of  counting  the  money  in  the  county  treasury,  as  required 
by  law. 

16.  In  counties  of  this  class  the  official  reporter  of  the  superior  court 
shall  receive,  as  full  compensation  for  taking  notes  in  civil  and  crim- 
inal cases  tried  in  said  court,  and  for  preliminary  examinations  in  jus- 
tices' courts,  a  monthly  salary  of  seventy-five  dollars,  payable  out  of  the 
county  treasury,  at  the  same  time  and  in  the  same  manner  as  the  sal- 
aries of  county  officers;  and  for  transcription  of  said  notes,  when  re- 
quired, he  shall  receive  the  sum  of  ten  cents  per  folio  for  the  original, 
and  five  cents  per  folio  for  a  copy;  where  the  reporter  is  reqiiired  to 
transcribe  the  whole,  or  any  part  of  his  notes  from  day  to  day  as  the 
trial  progresses,  he  shall  receive,  in  addition  to  said  sums  hereinbefore 
provided,  the  further  sum  of  five  cents  per  folio  for  the  original,  and 
two  and  one-half  cents  per  folio  for  the  copy.  Said  compensation  for 
transcription  in  criminal  cases  to  be  audited  and  allowed  by  the  board 
of  supervisors  as  other  claims  against  the  county,  and  paid  out  of  the 
county  treasury;  and  in  civil  cases,  to  be  paid  by  the  party  ordering 
the  same,  or,  when  ordered  by  the  judge,  by  either  party,  or  jointly  by 
both  parties  as  the  court  may  direct;  provided,  that  where  the  services 
of  the  official  reporter  are  required,  in  each  civil  case,  the  sura  of  ten 


Act  837,  §  180  GENERAL  LAWS.  2*22 

dollars  per  diem,  for  each  day  of  the  trial  thereof,  shall  be  paid  to  the 
clerk  of  the  court,  in  advance,  one-half  by  each  party,  or  in  such  other 
proportion  as  the  court  may  direct;  all  per  diem  fees  so  collected  shall 
be  paid  by  the  clerk  into  the  treasury  of  the  county.  The  portion  of 
per  diem  fees  in  each  case,  which  were  paid  by  the  prevailing  party, 
shall  be  taxed  and  allowed  as  costs  in  the  case;  provided,  also,  that  this 
act,  so  far  as  it  relates  to  the  ofScial  reporter  of  the  superior  court  in 
counties  of  this  class,  shall  take  effect  immediately.  [Amendment  ap- 
proved March  23,  1901.  Stats.  1901,  p.  741.  In  effect  12  M.  on  first  Mon- 
day after  January  1,  1903.] 

§  180.  In  counties  of  the  twenty-third  class,  the  county  officers  shall 
receive,  as  compensation  for  the  services  required  of  them  by  law  or  by 
virtue  of  their  offices,  the  following  salaries,  to  wit: 

1.  The  county  clerk  four  thousand  five  hundred  dollars  per  annum; 
provided,  that  in  years  when  a  great  register  is  ordered,  the  county  clerk 
shall  receive  in  addition  to  his  regular  salary  the  sum  of  eight  hundred 
dollars  for  such  service. 

2.  The  sheriff,  six  thousand  dollars  per  annum. 

3.  The  recorder,  three  thousand  two  hundred  dollars  per  annum. 

4.  The  auditor,  one  thousand  five  hundred  dollars  per  annum. 

5.  The  treasurer,  two  thousand  dollars  per  annum. 

6.  The  tax  collector,  one  thousand  dollars  per  annum. 

7.  The  assessor,  three  thousand  five  hundred  dollars  per  annum,  and 
the  fees  and  commissions  now  or  hereafter  allowed  by  law.  The  as- 
sessor shall  also  be  allowed  the  following  deputies,  to  be  appointed  by 
him,  viz.:  One  deputy  for  each  bona  fide  increase  of  two  hundred  real 
estate  statements  made  for  assessment  purposes  over  and  above  three 
thousand  of  such  statements,  and  not  to  exceed  in  all  five  deputies. 
Each  of  such  deputies  shall  receive  a  monthly  compensation  of  one  hun- 
dred dollars,  for  the  months  of  March,  April,  May  and  June  of  each 
year.  The  salary  of  said  deputies  to  be  paid  in  the  same  manner,  and 
out  of  the  same  fund  as  the  assessor,  upon  the  presentation  of  a  cer- 
tificate that  services  have  been  performed,  and  signed  by  the  assessor. 

8.  The  district  attorney,  twenty-four  hundred  dollars  per  annum; 
assistant  district  attorney,  nine  hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

11.  The  superintendent  of  schools,  fifteen  hundred  dollars  per  annum. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed 
by  law. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

15.  Each  member  of  the  board  of  supervisors  $1200  per  annum,  and 
mileage  when  acting  as  road  commissioner,  25  cents  per  mile  one  way; 


223  COUNTY  GOVERNMENT.  Act  ?3T,  §  181 

provided,  the  amount  of  mileage  shall  not  exceed  the  sum  of  $300  in 
any  one  year.  This  subdivision  of  this  section  shall  take  effect  and  be 
in  full  force  from  and  after  the  passage  of  this  act. 

16.  Member [s]  of  the  board  of  education,  each  the  sum  of  five  dollars 
per  day  for  actual  service,  together  with  mileage  at  ten  cents  per  mile. 
[Amendment  approved  March  20,  1905.  Stats.  1905,  p.  318.  In  effect 
in  part  immediately,  and  in  part  in  sixty  days.] 

§  181.  In  counties  of  the  twenty-fourth  class  the  county  officers  shall 
receive,  as  compensation  for  the  services  required  of  them  by  law  or  by 
virtue  of  their  offices,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  three  thousand   dollars  per  annum. 

2.  The  sheriff,  six  thousand  dollars  per  annum. 

3.  The  recorder,  two   thousand   dollars  per   annum. 

4.  The  auditor,  one  thousand  dollars  per  annum. 

5.  The  treasurer,  fifteen  hundred  dollars  per  annum. 

6.  The  tax  collector,  one  thousand  dollars  per  annum. 

7.  The  assessor,  twenty-four  hundred  dollars  per  annum. 

8.  The  district  attorney,  eighteen  hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

11.  The  superintendent  of  schools,  fifteen  hundred  dollars  per  annum, 
and  his  reasonable  traveling  expenses  incurred  in  visiting  schools  of  the 
county,  to  be  fixed  and  allowed  by  the  board  of  supervisors,  not  to  ex- 
ceed the  sum  of  five  hundred  dollars  per  annum;  provided,  he  shall 
devote  his  entire  time  to  the  duties  of  said  office. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law;  provided,  he  shall  be  given  all  work  for  the  county  in  which  the 
county  employs  a  surveyor  or  civil  engineer;  and  provided  further,  that 
it  shall  be  the  duty  of  the  board  of  supervisors  of  counties  of  this  class 
to  so  employ  him. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

15.  Each  member  of  the  board  of  supervisors,  five  hundred  dollars 
per  annum,  and  mileage  at  the  rate  of  twenty  cents  per  mile  from  his 
home  to  and  from  the  county  seat. 

16.  In  counties  of  this  class  the  official  reporter  of  the  superior  court 
shall  receive,  as  full  compensation  for  taking  notes  in  civil  and  criminal 
cases  tried  in  said  court,  and  when  requested  by  the  district  attorney, 
for  preliminary  examinations  in  justice's  court,  a  monthly  salary  of  one 
hundred  dollars,  payable  out  of  the  county  treasury,  at  the  same  time 
and  in  the  same  manner  as  the  salaries  of  county  officers;  and  for  tran- 
scription of  said  notes,  when  required,  he  shall  receive  the  sum  of  ten 
cents  per  folio  for  the  original  and  five  cents  per  folio  for  a  copy;  said 
compensation   for  a  transcription  in   criminal   cases   to  be  audited   and 


Act  837,  §§  183,  183  GENERAIi  LAWS.  22-1 

allowed  by  the  board  of  supervisors  as  other  claims  against  the  county, 
and  paid  out  of  the  county  treasury,  and  in  civil  cases  to  be  paid  by  the 
party  ordering  the  same,  or,  when  ordered  by  the  judge,  by  either  party, 
or  jointly  by  both  parties,  as  the  court  may  direct.  [Amendment  ap- 
proved March  23,  1901.  Stats.  1901,  p.  746.  In  effect  12  M.  on  first  Mon- 
day after  January  1,  1903.] 

§  182.  In  counties  of  the  twenty-fifth  class  the  officers  shall  receive, 
as  compensation  for  the  services  required  of  them  by  law  or  by  virtue 
of  their  office,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  four  thousand  dollars  per  annum. 

2.  The  sheriff,  five  thousand  five  hundred  dollars  per  annum. 

3.  The  recorder,  two  thousand  dollars  per  annum,  and  six  cents  for 
each  folio  recorded.  Provided,  that  the  six  cents  per  folio  for  recording 
shall  go  into  effect  immediately. 

4.  The  auditor,  twenty-four  hundred  dollars  per  annum. 

5.  The  treasurer,  twenty-seven  hundred  dollars  per  annum. 

6.  The  tax  collector,  two  thousand  dollars  per  annum,  and  one  deputy, 
at  nine  hundred  dollars  per  annum. 

7.  The  assessor,  four  thousand  dollars  per  annum,  and  one  deputy,  at 
a  salary  of  nine  hundred  dollars  per  annum. 

8.  The  district  attorney,  twenty-five  hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  maj^  be  hereafter  allowed  by 
law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

11.  The  superintendent  of  schools,  one  thousand  five  hundred  dollars 
per  annum,  and  actual  traveling  expenses  when  visiting  the  schools  of 
his  county,  and  one  deputy,  at  nine  hundred  dollars  per  annum. 

12.  The  surveyor  shall  receive  one  thousand  five  hundred  dollars  per 
annum  for  all  work  performed  for  the  county,  and  in  addition  thereto, 
actual  traveling  and  other  necessary  expenses  incurred  in  connection 
with  field  work;  provided,  that  whenever  the  surveyor  is  directed  by  the 
assessor  to  plat,  trace,  or  otherwise  prepare  maps,  plats,  or  block  book 
for  the  use  of  the  county  assessor,  he  shall  be  allowed  only  the  actual 
cost  of  preparing  the  same. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

15.  Each  supervisor,  five  hundred  dollars  per  annum,  and  ten  cents 
per  mile  for  traveling  from  his  residence  to  the  county  seat;  provided, 
that  not  more  than  one  mileage  for  one  session  of  the  board  shall  be 
allowed.  For  serving  as  road  commissioner,  two  hundred  dollars  per 
annum.  [Amendment  approved  March  20,  1905.  Stats.  1905,  p.  383. 
In  effect  in  part  immediately,  and  in  part  in  sixty  daj'^s.] 

§  183.  In  counties  of  the  twenty-sixth  class,  the  officers  shall  receive, 
as  compensation  for  the  services  required  of  them  by  law,  or  by  virtue 
of  their  office,  the  following  salaries,  to  wit: 


I 


225  COUNTY  GOVERNMENT.  Act  837,  §  183 

1.  The  county  clerk,  five  thousand  dollars  per  annum,  and  twelve  and 
a  half  cents  for  each  elector  registered. 

2.  The  sheriff,  seven  thousand  dollars  per  annum.  He  may  retain  for 
his  own  use  the  mileage  and  fees  for  the  service  of  papers  or  process 
issued  by  any  court  of  this  state  outside  of  his  county. 

3.  The  recorder,  sixteen  hundred  dollars  per  annum,  seven  cents  for 
each  folio  recorded,  and  five  cents  for  each  name  indexed. 

4.  The  auditor,  two  thousand  dollars  per  annum. 

5.  The  treasurer,  two  thousand  dollars  per  annum. 

6.  The  tax  collector,  three  thousand  dollars  per  annum. 

7.  The  assessor,  five  thousand  dollars  per  annum. 

8.  The  district  attorney,  four  thousand  dollars  per  annum;  provided, 
that  he  shall  be  disqualified  from  engaging  in  any  cause  or  action  to 
which  the  county  or  state  is  not  a  party. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

11.  The  superintendent  of  schools,  eighteen  hundred  dollars  per  annum 
(which  shall  include  his  services  as  a  member  of  the  board  of  education), 
and  his  actual  traveling  expenses  when  visiting  schools,  not  to  exceed 
ten  dollars  per  district. 

12.  The  surveyor  shall  receive  twelve  hundred  dollars  per  annum,  and 
traveling  and  official  expenses  in  the  county. 

13.  Each  supervisor,  six  dollars  per  day  while  in  the  service  of  the 
county,  and  thirty  cents  per  mile  for  traveling  from  his  residence  to  the 
county  seat. 

14.  In  counties  of  this  class  the  township  officers  shall  receive  the 
following  compensation,  to  wit: 

In  townships  having  a  population  of  six  thousand,  or  more,  justices  of 
the  peace  shall  receive  a  monthly  salary  of  one  hundred  and  twenty-five 
dollars  per  month,  and  constables  a  monthly  salary  of  one  hundred  and 
twenty-five  dollars  per  month; 

In  townships  having  a  population  of  three  thousand,  or  more,  and  less 
than  six  thousand,  justices  of  the  peace  shall  receive  a  monthly  salary 
of  one  hundred  dollars  per  month,  and  constables  a  monthly  salary  of 
one  hundred  dollars  per  month; 

In  townships  having  a  population  of  eighteen  hundred  and  forty-four, 
or  more,  and  less  than  three  thousand,  justices  of  the  peace  shall  re- 
ceive a  monthly  salary  of  fifty  dollars  per  month,  and  constables  a 
monthly  salary  of  sixty  dollars; 

In  townships  having  a  population  of  seventeen  hundred  and  seventy- 
five,  or  more,  and  less  than  eighteen  hundred  and  forty-four,  justices  of 
the  peace  shall  receive  a  monthly  salary  of  ten  dollars  per  month,  and 
constables  a  monthly  salary  of  twenty  dollars  per  month; 

In  townships  having  a  population  of  seventeen  hundred  and  sixty,  or 
more,  and  less  than  seventeen  hundred  and  seventy-five,  justices  of  the 
peace  shall  receive  a  monthly  salary  of  fifty  dollars  per  month,  and  con- 
stables a  monthly  salary  of  seventy-five  dollars  per  month; 
Gen.  Laws — 15 


Act  837,  §  183  GENERAL  LAW9.  226 

In  townships  having  a  population  of  thirteen  hundred  and  eighty,  or 
more,  and  less  than  seventeen  hundred  and  sixty,  justices  of  the  peace 
shall  receive  a  monthly  salary  of  ninety-five  dollars  per  month,  and  con- 
stables a  monthly  salary  of  one  hundred  dollars  per  month; 

In  townships  having  a  population  of  eleven  hundred  and  seventy-five, 
or  more,  and  less  than  thirteen  hundred  and  eighty,  justices  of  the  peace 
shall  receive  a  monthly  salary  of  eighty  dollars  per  month,  and  con- 
stables a  monthly  salary  of  ninety  dollars  per  month; 

In  townships  having  a  population  of  eight  hundred  and  eighty,  or 
more,  and  less  than  eleven  hundred  and  seventy-five,  justices  of  the  peace 
shall  receive  a  monthly  salary  of  twenty  dollars  per  month,  and  con- 
stables a  monthly  salary  of  thirty  dollars  per  month; 

In  townships  having  a  population  of  seven  hundred  and  eighty,  or 
more,  and  less  than  eight  hundred  and  eighty,  justices  of  the  peace  shall 
receive  a  monthly  salary  of  forty  dollars  per  month,  and  constables  a 
monthlj^  salary  of  fifty  dollars  per  month; 

In  townships  having  a  population  of  seven  hundred  and  sixty-five  o^ 
more,  and  less  than  seven  hundred  and  eighty,  justices  of  the  peace  shall 
receive  a  monthly  salary  of  fifteen  dollars  per  month,  and  constables  a 
monthly  salary  of  twenty  dollars  per  month; 

In  townships  having  a  population  of  six  hundred  and  forty,  or  more, 
and  less  than  seven  hundred  and  sixty-five,  justices  of  the  peace  shall 
receive  a  monthly  salary  of  fifteen  dollars  per  month,  and  constables  a 
monthly  salary  of  twenty  dollars  per  month; 

In  townships  having  a  population  of  six  hundred  and  five,  or  more, 
and  less  than  six  hundred  and  forty,  justices  of  the  peace  shall  receive 
a  monthly  salary  of  fifteen  dollars  per  month,  and  constables  a  monthly 
salary  of  twenty  dollars  per  month; 

In  townships  having  a  population  of  five  hundred  and  sixty,  or  more, 
and  less  than  six  hundred  and  five,  justices  of  the  peace  shall  receive  a 
monthly  salary  of  fifty  dollars  per  month,  and  constables  a  monthly 
salary  of  sixty  dollars  per  month; 

In  townships  having  a  population  of  two  hundred  and  ten,  or  more, 
and  less  than  five  hundred  and  sixty,  justices  of  the  peace  shall  receive 
a  monthly  salary  of  fifteen  dollars  per  month,  and  constables  a  monthly 
salary  of  twenty  dollars; 

In  townships  having  a  population  of  less  than  two  hundred  and  ten, 
justices  of  the  peace  shall  receive  a  monthly  salary  of  fifteen  dollars  per 
month,  and  constables  a  monthly  salary  of  twenty  dollars  per  month; 
•  The  above  named  salaries  shall  be  in  full  compensation  for  all  services 
of  said  justices  of  the  peace  and  constables  in  criminal  cases;  provided, 
that  each  constable  shall  be  allowed  and  paid  out  of  the  county  treasury 
for  transporting  prisoners  to  the  county  jail  the  actual  expense  of  such 
transportation; 

Said  justices  of  the  peace  and  constables  may  retain  for  their  own 
use,  the  fees  allowed  by  law  in  civil  cases. 

And  provided,  further,  that  for  the  purposes  of  this  act,  the  population 
of  the  several  townships  shall  be  ascertained  by  multiplying  the  number 
of  registered  voters  at  the  last  preceding  presidential  election  by  five. 


227  COUNTY  GOVERNMENT.  Act  837,  §  184 

The  salaries  of  township  officers  as  herein  provided  for  shnll  be  paid 
in  the  same  manner,  at  the  same  time,  and  out  of  the  same  funds,  that 
county  officers  are  paid. 

15.  The  official  reporter  of  the  superior  court  shall  receive,  as  full 
compensation  in  taking  notes  in  civil  and  criminal  cases  tried  in  said 
court,  a  monthly  salary  of  one  hundred  and  fifty  dollars,  payable  out  of 
the  county  treasury  at  the  same  time  and  in  the  same  manner  and  from 
the  same  fund  as  the  salaries  of  county  officers;  and  for  transcription 
of  said  notes,  when  required,  he  shall  receive  the  sum  of  fifteen  cents 
per  folio  for  the  original  and  five  cents  per  folio  for  a  copy;  said  com- 
pensation for  transcription  in  criminal  cases  to  be  audited  and  allowed 
by  the  board  of  supervisors  as  other  claims  against  the  county,  and  paid 
out  of  the  county  treasury  and  in  civil  cases  to  be  paid  by  the  party 
ordering  the  same,  or  when  ordered  by  the  judge,  by  either  party,  or 
jointly  by  both  parties,  as  the  court  may  direct. 

16.  All  acts  or  parts  of  acts  in  conflict  with  this  act  are  hereby  re- 
pealed. [Ajnendment  approved  March  20,  1905.  Stats.  1905,  p.  385.  In 
effect  immediately.] 

§  184.  In  counties  of  the  twenty-seventh  class  the  county  officers 
shall  receive,  as  compensation  for  the  services  required  of  them  by  law 
or  by  virtue  of  their  offices,  the  following  salaries  to  wit: 

1.  The  county  clerk,  three  thousand  dollars  per  annum,  and  five  hun- 
dred dollars  additional  per  annum  for  compiling  great  register  of  the 
county. 

2.  The  sheriff,  five  thousand  dollars  per  annum,  and  the  fees,  mileage 
or  commissions  for  the  service  of  all  papers  whatever  issued  by  any 
court  outside  of  this  county,  and  all  mileage  for  service  of  papers  issued 
out  of  any  civil  case  in  his  own  county. 

3.  The  recorder,  two  thousand  dollars  per  annum;  provided  that  such 
recorder  shall  collect  and  pay  into  the  county  treasury,  for  the  use  and 
benefit  of  the  county,  the  fees  required  by  law  to  be  so  collected;  and 
provided,  that  when  the  amount  of  said  fees  so  collected  shall  amount  to 
more  than  one  hundred  and  fifty  dollars  in  any  month,  the  said  recorder 
may  receive  and  retain  for  his  own  use,  in  addition  to  his  salary,  all 
fees  in  excess  of  one  hundred  and  fifty  dollars  in  any  month  so  col- 
lected. 

4.  The  auditor,  seven  hundred  and  fifty  dollars  per  annum. 

5.  The  treasurer,  two  thousand  dollars  per  annum,  and  fees  as  now 
provided. 

6.  The  tax  collector,  two  thousand  dollars  per  annum,  and  fees  on 
delinquent  poll  taxes,  which  shall  be  in  full  for  all  services  as  tax 
collector. 

7.  The  assessor,  three  thousand  two  hundred  dollars  per  annum. 

8.  The  district  attornc}'-,  two  thousand  dollars  per  annum.  In  coun- 
ties of  this  class  the  district  attorney  may  appoint  a  stenographer  for 
service  in  his  office,  which  office  of  stenographer  to  the  district  attorney 
is  hereby  created,  and  said  stenographer  shall  receive  as  compensation 
for  his  services  the  sum  of  six  hundred   dollars  per  annum  to  be   paid 


Act  837,  §  185  GENERAL  LAWS.  228 

out  of  the   county  treasury  in   equal   monthly  installments  in  the   same 
manner  and  at  the  same  time  other  county  officers  are  paid. 

9.  The  coroner,  such  fees  as  are  now,  or  may  be  hereafter  allowed  by 
law. 

10.  The  public  administrator,  such  fees  as  are  now,  or  may  be  here- 
after allowed  by  law. 

11.  Superintendent  of  schools,  one  thousand  six  hundred  dollars  per 
annum,  and  actual  traveling  expenses  when  visiting  the  schools  of  the 
county. 

12.  The  surveyor,  such  fees  as  are  now,  or  may  be  hereafter  allowed  by 
law. 

13.  F(5r  the  purpose  of  regulating  the  compensation  of  justices  of  the 
peace  and  constables,  townships  in  this  class  of  counties  are  hereby 
classified  according  to  their  population,  as  shown  by  the  federal  census 
of  nineteen  hundred  as  follows:  Townships  having  a  population  of  five 
thousand  or  more  shall  belong  to  and  be  known  as  townships  of  the 
first  class;  townships  having  a  population  of  three  thousand  and  less 
than  five  thousand,  shall  belong  to  and  be  known  as  townships  of  the 
second  class;  townships  having  a  population  of  one  thousand  and  less 
than  three  thousand,  shall  belong  to  and  be  known  as  townships  of  the 
third  class,  and  townships  having  a  population  of  less  than  one  thousand, 
shall  belong  to  and  be  known  as  townships  of  the  fourth  class.  Justices 
of  the  peace  and  constables  shall  receive  the  following  salaries,  which 
shall  be  paid  monthly,  in  the  same  manner  as  salaries  of  county  officers 
are  paid,  and  which  shall  be  in  full  of  all  services  rendered  by  them  in 
criminal  cases,  to  wit:  In  townships  of  the  first  class,  seventy-five  dol- 
lars; in  townships  of  the  second  class,  fifty-five  dollars;  in  townships  of 
the  third  class,  thirty  dollars,  and  in  townships  of  the  fourth  class 
twenty  dollars.  In  addition  of  the  monthly  salaries  herein  allowed,  each 
justice  of  the  peace  and  constable  may  receive  and  retain  for  his  own 
use  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law,  for  all 
services  rendered  by  him  in  civil  actions.  Constables  shall  also  be  al- 
lowed all  necessary  expenses  actually  incurred  in  arresting  and  convey- 
ing prisoners  to  court  or  to  prison,  which  said  expense  shall  be  audited 
and  allowed  by  the  board  of  supervisors  and  paid  out  of  the  county 
treasury. 

14.  Each  member  of  the  board  of  supervisors  shall  receive  one  thou- 
sand dollars  per  annum,  payable  monthly,  which  shall  be  in  full  for  all 
services  as  supervisors.  [Amendment  approved  March  4,  1907.  Stats. 
1907,  p.  107.     In  effect  from  and  after  passage.] 

§  185.  In  counties  of  the  twenty-eighth  class  the  county  and  town- 
ship officers  shall  receive  as  compensation  for  the  services  required  of 
them  by  law,  or  by  virtue  of  their  offices  the  following  salaries  and  fees, 
to  wit: 

1.  The  county  clerk,  three  thousand  two  hundred  fifty  dollars  per 
annum;  and  in  each  year  in  which  a  new  and  complete  registration  of 
voters  is  required  by  law,  he  shall  receive  such  additional  amount  as 
shall  be  necessary  to  pay  deputy  registration  clerks  for  taking  affidivvita 


229  COUNTY  GOVERNMENT.  Act  837,  §  185 

of  registration  outside  of  the  office  at  the  rate  of  ten  cents  each,  the 
claims  for  which  shall  be  presented  to  and  allowed  by  the  board  of  super- 
visors as  other  claims  are  presented  and  allowed. 

2.  The  sheritr,  six  thousand  dollars  per  annum. 

3.  The  recorder,  two  thousand  two  hundred  fifty  dollars  per  annum. 
The  recorder  shall  collect  and  pay  into  the  county  treasury  the  fees  re- 
quired by  law. 

4.  The  auditor  one  thousand  dollars  per  annum. 

5.  The  treasurer  two  thousand  dollars  per  annum. 

6.  The  tax  collector  one  thousand  dollars  per  annum. 

7.  The  assessor  four  thousand  two  hundred  and  fifty  dollars  per  annum. 

8.  The  district  attorney,  two  thousand  two  hundred  fifty  dollars  per 
annum, 

9.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be  allowed  by 
law. 

10.  The  public  administrator,  such  fees  as  are  now,  or  may  hereafter 
be  allowed  by  law. 

11.  The  superintendent  of  schools,  eighteen  hundred  dollars  per  annum, 
including  services  on  board  of  education.  He  shall  be  allowed  his  actual 
traveling  expenses  not  to  exceed  three  hundred  dollars  per  annum;  he 
shall  also  be  allowed  one  deputy  whose  salary  shall  be  fifty  dollars  per 
month,  paj'able  the  same  as  the  salaries  of  county  officers;  provided, 
that  he  shall  keep  his  office  open  from  9  o'clock  A.  M.  to  5  o'clock  P.  M. 
of  each  business  day. 

12.  The  surveyor  shall  receive  a  per  diem  of  ten  dollars  for  all  work 
performed  for  the  county,  and  in  addition  thereto,  all  necessary  expenses 
and  transportation  on  work  performed  in  the  field. 

13.  The  justices  of  the  peace,  such  fees  as  are  now  or  may  hereafter 
be  allowed  by  law;  provided,  that  the  amount  allowed  by  the  board  of 
supervisors  for  services  in  prosecutions  nnder  section  six  hundred  and 
forty-seven  of  the  Penal  Code,  and  prosecutions  for  fraudulently  evading 
or  attempting  to  evade  the  payment  of  fare  for  traveling  on  any  rail- 
road, shall  not  exceed  twenty  dollars  for  any  one  month;  provided, 
further,  that  the  amount  allowed  by  the  board  of  supervisors  for  services 
in  prosecutions  of  misdemeanor  cases  other  than  those  hereinbefore  speci- 
fied in  this  subdivision,  shall  not  exceed  the  sum  of  thirty  dollars  for 
any  one  month. 

14.  The  constable  shall  receive  the  following  fees,  to  wit:  for  serving 
summons  and  complaint,  for  each  defendant  served,  one  dollar;  for  each 
copy  of  summons  for  service  when  made  by  him,  twenty-five  cents;  for 
levying  writ  of  attachment  or  execution  or  executing  order  of  arrest  or 
for  the  delivery  of  personal  property,  one  dollar;  for  keeping  personal 
property,  such  sum  as  the  court  may  order,  but  no  more  than  two  dol- 
lars per  day  shall  be  allowed  for  a  keeper  when  necessarily  employed; 
for  taking  bond  or  undertaking,  fifty  cents;  for  copies  of  writs  and  other 
papers,  except  summons,  complaints  and  subpoenas,  per  folio  ten  cents; 
provided,  that  when  correct  copies  are  furnished  him  for  use,  no  charge 
shall  be  made  for  copies;  for  serving  any  writ,  notice  or  order,  except 
summons,  complaints  or  subpoenas,  for  each  person  served,  fifty  cents; 


Act  837,  §  186  GENERAL  LAW3.  230 

for  writing  and  posting  each  notice  of  sale  of  property,  twenty-iive 
cents;  for  serving  subpoenas,  each  witness,  including  copy,  twenty-five 
cents;  for  collecting  money  on  execution,  two  and  one-half  per  cent,  to 
be  charged  against  the  defendant  named  in  the  execution;  for  executing 
and  delivering  certificate  of  sale,  one  dollar;  for  executing  and  deliver- 
ing constable's  deed,  two  dollars;  for  every  mile  necessarily  traveled  in 
his  township,  in  going  only,  to  serve  any  civil  or  criminal  process  or 
paper,  or  to  tal^e  a  prisoner  before  a  magistrate  or  to  prison,  twenty- 
five  cents;  outside  of  his  township,  but  within  his  county,  twenty  cents; 
but  when  two  or  more  persons  are  served  or  summoned  in  the  same  suit 
and  at  the  same  time,  mileage  shall  be  charged  only  for  the  more  dis- 
tant if  they  live  in  the  same  direction;  for  each  mile  necessarily  trav- 
eled outside  of  his  county  in  making  criminal  arrests,  both  going  and 
returning  from  place  of  arrest,  ten  cents;  in  transporting  prisoners  to  the 
county  jail,  or  before  a  magistrate,  either  upon  arrest  or  for  trial  or 
examination,  or  after  conviction,  he  shall  receive  in  addition  to  the 
above  mileage,  his  actual  and  necessary  expenses  for  himself  and  pris- 
oner; provided,  that  where  two  or  more  prisoners  are  transported  at  the 
same  time,  no  more  than  one  mileage  shall  be  allowed;  for  making  each 
arrest  in  criminal  cases,  one  dollar  and  fifty  cents;  for  sales  of  estrays, 
the  same  fees  as  for  sales  on  execution;  for  summoning  a  jury,  two 
dollars,  including  mileage;  for  all  other  services,  the  same  fees  as  are 
allowed  sheriffs  for  like  services;  provided  further,  that  no  more  than 
sixty  dollars  shall  be  allowed  to  any  constable  in  counties  of  this  class 
in  any  one  month  for  fees  and  mileage  in  criminal  matters. 

15.  Each  supervisor,  six  hundred  dollars  per  annum,  and  twenty  cents 
per  mile  for  traveling  from  his  residence  to  and  from  the  county  seat; 
provided,  such  mileage  shall  not  be  allowed  more  than  once  a  month; 
and  for  his  services  as  road  commissioner,  he  shall  receive  twenty  cents 
per  mile  one  way  for  all  distances  actually  and  necessarily  traveled  by 
him  in  the  performance  of  his  duties;  provided,  he  shall  not  in  any  one 
year  receive  more  than  three  hundred  dollars  as  such  road  commissioner. 

16.  In  counties  of  this  class  grand  jurors  and  jurors  in  the  superior 
court  shall  receive  for  each  day's  attendance  the  sum  of  three  dollars, 
and  for  each  mile  actually  and  necessarily  traveled  from  their  residence 
to  the  county  seat,  the  sum  of  twenty-five  cents;  such  mileage  to  be 
allowed  but  once  during  each  session  such  jurors  are  required  to  attend. 
[Amendment  approved  March  20,  1905.  Stats.  1905,  p.  371.  In  effect 
in  sixty  days.] 

§186.  In  counties  of  the  twenty-ninth  class  the  county  officers  shall 
receive,  as  compensation  for  the  services  required  of  them  by  law  or  by 
virtue  of  their  offices,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  two  thousand  two  hundred  and  fifty  ($2250)  dol- 
lars per  annum,  and  when  a  new  great  register  of  voters  is  ordered,  he 
shall  receive  in  addition,  fifteen  (15)  cents  per  name  for  each  voter  regis- 
tered, which  shall  be  in  full  for  all  services  required  in  registering  voters 
and  making  the  great  register;  provided,  that  in  counties  of  this  class 
there  shall  be  and  is  hereby  allowed  to  the  county  clerk,  a  deputy,  who 


231  COUNTY  GOVERNMENT.  Act  837,  §  187 

shall  be  appointed  by  said  county  clerk,  who  shall  be  paid  a  salary  of 
seventy-five  dollars  ($75)  per  month,  said  salary  to  be  paid  by  said 
county  in  monthly  installments  at  the  same  time  and  in  the  same  manner 
and  out  of  the  same  fund,  as  the  salary  of  the  county  clerk  is  paid. 

2.  The  sheriff,  four  thousand  five  hundred  dollars  ($4,500)  per  annum; 
and,  also  all  fees  for  services  of  papers  in  actions  arising  outside  of  his 
county. 

3.  The  recorder,  two  thousand  one  hundred  dollars  ($2100)  per  annum. 

4.  The  auditor,  one  thousand  two  hundred  dollars   ($1200)   per  annum. 

5.  The  treasurer,  two  thousand  one  hundred  dollars  ($2100)  per  annum. 

6.  The  tax  collector,  one  thousand  ($1000)  per  annum. 

7.  The  assessor,  two  thousand  five  hundred  dollars  ($2500)  per  annum; 
and  also  such  fees  and  commissions  as  are  allowed  by  law. 

8.  The  district  attorney,  two  thousand  four  hundred  dollars  ($2400) 
per  annum. 

9.  The  superintendent  of  schools,  two  thousand  one  hundred  dollars 
($2100)  per  annum  and  actual  traveling  expenses  when  visiting  the 
schools  of  his  county. 

10.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

11.  The  public  administrator,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed 
by  law. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law,  and  in  addition  thereto  three  dollars  ($3)  per  day  for  each  day's 
actual  attendance  in  court  during  a  jury  trial  therein  or  a  preliminary 
examination  for  felony;  provided,  that  no  constable  shall  receive  more 
than  three  dollars  ($3)  for  any  one  day's  attendance  on  any  court. 

15.  Each  supervisor,  fifty  dollars  ($50)  per  month  and  mileage  at  the 
rate  of  ten  cents  per  mile  for  traveling  to  and  from  his  residence  to 
the  county  seat  at  each  session. 

16.  Each  member  of  the  board  of  education,  including  the  secretary, 
five  dollars  ($5)  per  day  when  the  board  is  in  session,  and  ten  cents  per 
mile  for  traveling  to  and  from  his  or  her  residence  to  the  county  seat  at 
each  session,  unless  otherwise  provided  for  by  law.  [Amendment  ap- 
proved March  20,  1905.  Stats.  1905,  p.  299.  In  effect  on  the  first  Mon- 
day after  the  first  day  of  January,  1907.] 

§  187.  In  counties  of  the  thirtieth  class  the  county  officers  shall  re- 
ceive as  compensation  for  the  services  required  of  them  by  law  or  by 
virtue  of  their  offices  the  following  salaries,  to  wit: 

1.  The  county  clerk,  three  thousand  dollars  per  annum. 

2.  The  sheriff,  five  thousand  seven  hundred  dollars  per  annum.  Also, 
the  following,  to  be  audited  and  paid  as  other  county  charges:  For 
every    mile    necessarily    traveled   in    executing   any    warrant    of    arrest, 


Act  837,  §  187  GENERAL  LAWS.  232 

twenty -five  cents  per  mile;  for  taking  prisoners  to  magistrate  or  jail,  the 
actual  cost  of  such  transportation, 

3.  The  recorder,  three  thousand  dollars  per  annum,  which  shall  be  in 
full  for  all  services. 

4.  The  auditor,  one  thousand  eight  hundred  dollars  per  annum. 

5.  Tax  collector,  two  thousand  dollars  per  annum, 

6.  Assessor,  three  thousand  two   hundred  dollars  per  annum. 

7.  The  treasurer,  one  thousand  six  hundred  dollars  per  annum. 

8.  The  district  attorney,  one  thousand  eight  hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be  allowed  by 
law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  hereafter 
be  allowed  by  law. 

11.  The  superintendent  of  schools,  two  thousand  five  hundred  dollars 
per  annum,  which  shall  be  in  full  for  all  services  performed,  including 
the  visiting  of  the  schools  of  his  county;  provided,  that  he  may  receive 
such  fees  as  are  now  or  may  hereafter  be  allowed  by  law  for  services 
as  a  member  of  the  county  board  of  education. 

12.  The  county  surveyor  shall  receive  one  thousand  eight  hundred 
dollars  per  annum,  and  the  necessary  cost  of  transportation  to  and  from, 
and  necessary  expenses  while  in  the  field  when  engaged  on  public  work. 

13.  For  the  purpose  of  regulating  the  compensation  of  justices  of  the 
peace,  townships  in  this  class  of  counties  are  hereby  classified  according 
to  their  population  as  shown  by  the  federal  census  of  one  thousand  nine 
hundred,  as  follows: 

Townships  having  a  population  of  four  thousand  or  more,  shall  belong 
to  and  be  known  as  townships  of  the  first  class;  townships  having  a 
population  of  two  thousand  and  less  than  four  thousand  shall  belong  to 
and  be  known  as  townships  of  the  second  class;  townships  having  a 
population  of  one  thousand  and  less  than  two  thousand  shall  belong  to 
and  be  known  as  townships  of  the  third  class;  townships  having  a  popu- 
lation of  over  five  hundred  and  less  than  one  thousand  shall  belong  to 
and  be  known  as  townships  of  the  fourth  class;  and  townships  having 
a  population  of  less  than  five  hundred  shall  belong  to  and  be  known  as 
townships  of  the  fifth  class. 

Justices  of  the  peace  shall  receive  the  following  salaries,  which  shall 
be  paid  monthly,  in  the  same  manner  such  salaries  of  county  officers  are 
paid,  and  shall  be  in  full  of  all  services  rendered  by  them  in  criminal 
cases;  provided,  however,  that  if  two  justices  of  the  peace  shall  be 
elected  and  qualify  in  any  township,  then  the  said  justices  shall  each 
receive  one-half  (^i)  of  the  salary  herein  provided  for: 

In  townships  of  the  first  class,  seventy  dollars; 

In  townships  of  the  second  class,  sixty  dollars; 

In  townships  of  the  third  class,  forty  dollars; 

In  townships  of  the  fourth  class,  twenty  dollars; 

In  townships  of  the  fifth  class,  ten  dollars;  provided,  that  each  justice 
of  the  peace  shall,  before  receiving  his  monthly  salary,  file  with  the 
auditor  a  statement  of  all  fines  received,  together  with  the  treasurer's 
receipt   for   the   same.     In   addition   to   the   monthly   salaries   herein   al- 


233  COUNTY  GOVERNMENT.  Act  837,  §  187 

lowed,  each  justice  of  the  peace  may  receive  and  retain  for  his  own  use 
such  fees  as  are  now  or  may  hereafter  be  allowed  by  law,  for  all  ser- 
vices rendered  by  him  in  civil  actions. 

14.  For  the  purpose  of  regulating  the  salaries  of  constables,  town- 
ships in  this  class  of  counties  are  hereby  classified  according  to  their 
population  as  shown  by  the  federal  census  of  one  thousand  nine  hundred, 
as  follows:  Townships  having  a  population  of  four  thousand  or  more 
shall  belong  to  and  be  known  as  townships  of  the  first  class;  townships 
having  a  population  of  two  thousand  and  less  than  four  thousand  shall 
belong  to  and  be  known  as  townships  of  the  second  class;  townships 
having  a  population  of  one  thousand  and  less  than  two  thousand  shall 
belong  to  and  be  known  as  townships  of  the  third  class;  townships  hav- 
ing a  population  of  over  five  hundred  and  less  than  one  thousand  shall 
belong  to  and  be  known  as  townships  of  the  fourth  class;  and  townships 
having  a  poiDulation  of  less  than  five  hundred  shall  belong  to  and  be 
known  as  townships  of  the  fifth  class.  Constables  shall  receive  the  fol- 
lowing salaries,  which  shall  be  paid  monthly,  in  the  same  manner  as 
such  salaries  of  county  officers  are  paid,  and  shall  be  in  full  of  all  ser- 
vices rendered  by  them  in  criminal  eases;  provided,  however,  that  if  two 
constables  shall  be  elected  and  qualify  in  any  township,  then  each  of 
the  said  constables  shall  each  receive  one-half  (%)  of  the  salary  herein 
provided  for: 

In  townships  of  the  first  class,  eighty  dollars; 

In  townships  of  the  second  class,  seventy  dollars; 

In  tov/nships  of  the  third  class,  fifty  dollars; 

In  townships  of  the  fourth  class,  twenty-five  dollars; 

In  townships  of  the  fifth  class,  ten  dollars. 

In  addition  to  the  monthly  salaries  herein  allowed,  each  constable 
may  receive  and  retain  for  his  own  use  such  fees  as  are  now  or  may 
hereafter  be  allowed  by  law  for  all  services  rendered  by  him  in  civil 
actions,  and  shall  also  be  allowed  all  necessary  expenses  actually  in- 
curred in  arresting  and  conveying  prisoners  to  court  or  to  prison,  which 
said  expenses  shall  be  audited  and  allowed  by  the  board  of  supervisors 
and  paid  out  of  the  county  treasury. 

15.  Each  supervisor,  six  dollars  per  day  when  the  board  is  in  session 
and  twenty  cents  per  mile  for  traveling  from  his  residence  to  the  county 
seat.  For  his  services  as  road  commissioner,  three  hundred  dollars  per 
annum,  payable  in  monthly  installments. 

16.  In  counties  of  this  class  the  official  reporter  of  the  superior  court 
shall  receive,  as  full  compensation  for  taking  notes  in  all  civil  and 
criminal  causes  and  proceedings  in  said  court,  and  for  taking  notes  of 
the  proceedings  and  testimony  at  all  coroner's  inquests  in  the  county, 
and  for  taking  notes  of  the  testimony  and  proceedings  in  all  examina- 
tions before  committing  magistrates,  and  for  taking  notes  of  the  testi- 
mony and  proceedings  of  cases  and  commissions  for  the  examination  of 
-oersons  charged  with  being  of  unsound  mind,  a  monthly  salary  of  one 
hundred  dollars,  payable  out  of  the  county  treasury  at  the  same  time 
and  in  the  same  manner  as  the  salaries  of  county  officers;  and  for  the 
transcription  of   said  notes,  when   the   transcription   thereof  is   required 


Act  837,  §  188  GENERAL  LAWS.  234 

by  Jaw,  or  by  order  of  the  court,  or  by  demand  of  any  party  to  the  suit 
or  proceeding,  he  shall  receive  the  sum  of  ten  cents  per  folio  for  the 
original  and  five  cents  per  folio  for  a  copy;  said  compensation  for  tran- 
scription in  all  criminal  cases  and  coroner's  inquests  and  examinations 
of  persons  charged  vvfith  being  of  unsound  mind,  to  be  audited  and  al- 
lowed by  the  board  of  supervisors,  as  other  claims  against  the  county, 
and  in  civil  cases  and  proceedings  to  be  paid  by  the  party  ordering  the 
same,  or,  when  ordered  by  the  judge,  by  either  party,  or  jointly  by  both 
parties,  when  and  in  such  proportions  as  the  court  may  direct.  When 
necessary  for  such  reporter  to  travel  away  from  the  county  seat,  he 
shall  receive  his  actual  and  necessary  traveling  expenses,  to  be  allowed 
and  paid  by  the  board  of  supervisors  as  are  other  county  charges. 
[Amendment  approved  March  20,  1905.  Stats.  1905,  p.  310.  In  effect 
in  sixty  days.] 

§188.  In  counties  of  the  thirty-first  class,  the  county  officers  shall 
receive,  as  compensation  for  the  services  required  of  them  by  law  or 
by  virtue  of  their  offices,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  three  thousand  dollars  per  annum,  and  when  a 
new  great  register  of  voters  is  ordered,  he  shall  receive  five  hundred 
dollars  additional,  which  shall  be  in  full  for  all  services  required  in  reg- 
istering voters  and  making  the  great  register. 

2.  The  sheriff,  four  thousand  five  hundred  dollars  per  annum. 

3.  The  recorder,  two  thousand  five  hundred  dollars  per  annum. 

4.  The  auditor,  fifteen  hundred  dollars  per  annum. 

5.  The  treasurer,  two  thousand  dollars  per  annum. 

6.  The  tax  collector,  twelve  hundred  dollars  per  annum. 

7.  The  assessor,  three  thousand  dollars  per  annum. 

8.  The  district  attorney,  two  thousand  three  hundred  dollars  per 
annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

11.  The  superintendent  of  schools,  one  thousand  six  hundred  dollars 
per  annum,  and  actual  traveling  expenses  when  visiting  the  schools  of 
his  county. 

12.  The  county  surveyor,  one  thousand  five  hundred  dollars  per  annum, 
he  to  furnish  all  necessary  instruments;  but  transportation  charges  for 
field  work  shall  be  allowed  him.  He  shall  not  be  required  to  perform 
county  work  more  than  two-thirds  of  the  working  days  in  any  month 
except  on  payment  of  fees  now  allowed  by  law. 

13.  Justices  of  the  peace,  the  following  monthly  salaries,  to  be  paid 
each  month  as  county  officers  are  paid,  which  shall  be  in  full  for  all 
services  rendered  by  them  in  criminal  eases:  In  townships  having  a 
population  of  twenty-five  hundred  and  more,  sixty-five  dollars;  in  town- 
ships having  a  population  of  fifteen  hundred  and  less  than  twenty-five 
hundred,  forty  dollars;  in  townships  having  a  population  of  one  thou- 
sand  and   less   than   fifteen   hundred,   twenty-five    dollars;    in    townships 


235  COUNTY  GOVERNMENT.  Act  837,  §  188 

having  a  population  of  less  than  one  thousand,  ten  dollars.  Each  jus- 
tice must  pay  into  the  county  treasury  once  a  month,  all  fines  collected 
by  him.  In  addition  to  the  monthly  salary  allowed  herein  each  justice 
may  receive  for  his  own  use  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law,  for  all  services  performed  by  him  in  civil  actions.  In 
all  townships  having  a  population  of  less  than  twenty-five  hundred  if 
there  be  more  than  one  justice,  the  compensation  allowed  herein  shall 
be  equally  divided  between  them  so  that  the  sum  total  of  their  monthly 
compensation  shall  not  exceed  the  salary  allowed  herein  for  a  single 
justice  in  such  township. 

14.  Constables,  the  following  salaries,  which  shall  be  paid  monthly 
as  salaries  of  county  ofiicers  are  paid,  and  shall  be  in  full  for  all  ser- 
vices rendered  by  them  in  criminal  cases,  to  wit:  In  townships  having 
a  population  of  twenty-five  hundred  or  more,  seventy  dollars;  in  town- 
ships having  a  population  of  fifteen  hundred  and  less  than  twenty-five 
huTidred,  forty-five  dollars;  in  townships  having  a  population  of  one 
thousand  and  less  than  fifteen  hundred,  thirty  dollars;  in  townships  hav- 
ing a  population  of  less  than  one  thousand,  fifteen  dollars.  In  addition 
to  the  monthly  salary  allowed  herein  each  constable  may  receive  and 
retain  for  his  own  use,  such  fees  as  are  now  or  may  hereafter  be  allowed 
by  law  for  all  the  services  performed  by  him  in  civil  actions.  In  all 
townships  having  a  population  less  than  twenty-five  hundred,  if  there 
be  more  than  one  constable,  the  compensation  herein  allowed  shall  be 
equally  divided  between  them  so  that  the  sum  total  of  their  monthly 
compensation  shall  not  exceed  the  salary  allowed  herein  for  a  single 
constable  in  such  township.  The  board  of  supervisors  shall  during  each 
and  every  year,  ascertain  and  determine  the  population  of  the  several 
townships  of  the  county  for  the  purposes  of  ascertaining  the  compensa- 
tion of  township  officers  regulated  by  this  section,  in  proportion  to  their 
duties, 

15.  Each  supervisor,  five  hundred  dollars  per  annum  and  his  necessary 
expenses  when  attending  to  the  business  of  his  county,  other  than  the 
meetings  of  the  board,  and  thirty  cents  per  mile  in  going  from  his  resi- 
dence to  the  county  seat  at  each  meeting  of  the  board,  and  three  hundred 
dollars  per  annum,  payable  quarterly,  for  services  as  road  commissioner. 

16.  In  counties  of  this  class  the  official  reporter  of  the  superior  court 
shall  receive,  as  full  compensation  for  taking  notes  in  civil  and  crim- 
inal cases  tried  in  said  court,  and,  when  requested  by  the  district  attor- 
ney, in  preliminary  examinations  and  inquests,  a  monthly  salary  of  one 
hundred  dollars,  payable  out  of  the  county  treasury  at  the  same  time 
and  in  the  same  manner  as  the  salaries  of  county  officers;  and  for  tran- 
scription of  said  notes,  when  required,  he  shall  receive  the  sum  of  ten 
cents  per  folio  for  the  original  and  five  cents  per  folio  for  the  copy; 
said  compensation  for  transcriptions  in  criminal  eases,  preliminary  exam- 
inations, and  inquests,  to  be  audited  and  allowed  by  the  board  of  super 
visors  as  other  claims  against  the  county,  and  paid  out  of  the  county 
treasury,  and  in  civil  cases  to  be  paid  by  the  party  ordering  the  same, 
or,  when  ordered  by  the  judge,  by  either  party,  pr  joiRtly  by  both 
parties,  as  the  court  may  direct. 


Act  837,  §  189  GENERAL  LAWS.  236 

17.  Subdivisions  twelve  and  fifteen  of  this  section  shall  take  effect 
immediately.  [Amendment  approved  March  23,  1901.  Stats.  lUUl,  p.  7o7. 
In  effect  partly  immediately  and  partly  12  M.  on  the  first  Monday  after 
January  1,  1903.] 

§  189.  In  counties  of  the  thirty-second  class,  the  cbunty  oflS.cers  shall 
receive  as  compensation  for  the  services  required  of  them  by  law,  or 
by  virtue  of  their  office,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  three  thousand  dollars  per  annum,  and  in  any 
year  when  a  new  great  register  of  voters  is  required  by  law,  he  shall 
receive  five  hundred  dollars  additional  for  said  year,  which  shall  be  in 
full  for  all  services  required  in  registering  voters  and  making  such 
new  great  register. 

2.  The  sheriff,  four  thousand  five  hundred  dollars  per  annum,  and 
mileage  at  the  rate  of  twenty-five  cents  per  mile  necessarily  traveled 
in  going  only. 

3.  The  recorder,  three  thousand  five  hundred  dollars  per  annum. 

4.  The  auditor,  one  thousand  eight  hundred  dollars  per  annum. 

5.  The  treasurer,  one  thousand  eight  hundred  dollars  per  annum. 

6.  The  tax  collector,  two  thousand  dollars  per  annum. 

7.  The  assessor,  four  thousand  dollars  per  annum. 

8.  The  district  attorney,  two  thousand  four  hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
lavf, 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

11.  The  superintendent  of  schools,  one  thousand  five  hundred  dollars 
per  annum,  and  actual  traveling  expenses  when  visiting  the  schools  of 
his  county. 

12.  The  surveyor  shall  receive  one  thousand  six  hundred  dollars  per 
annum  for  all  work  performed  for  the  county,  and  in  addition  thereto, 
actual  traveling  and  other  necessary  expenses  incurred  in  connection 
with  field  work;  provided,  that  whenever  the  surveyor  is  directed  by 
the  assessor  to  plat,  trace,  or  otherwise  prepare  maps,  plats,  or  block 
books  for  the  use  of  the  county  assessor,  he  shall  be  allowed  only  the 
actual  cost  of  preparing  the  same. 

13.  Justices  of  the  peace  shall  receive  the  following  monthly  salaries, 
to  be  paid  each  month  as  salaries  of  the  county  officers  are  paid,  which 
shall  be  in  full  for  all  services  rendered  by  them  in  criminal  cases: 

In  townships  having  a  population  of  three  thousand  five  hundred  or 
more,  seventy-five  dollars  per  month.  In  townships  having  a  population 
of  not  less  than  two  thousand  nor  more  than  three  thousand  five  hundred, 
seventy  dollars  per  month.  In  townships  having  a  population  of  not 
less  than  twelve  hundred  nor  more  than  two  thousand,  fifteen  dollars 
per  month.  In  all  townships  having  a  population  of  less  than  twelve 
hundred,  ten  dollars  per  month.  In  addition  to  the  above  salary  each 
justice  of  the  peace  shall  collect  and  retain  for  his  own  use  and  benefit 
in  civil  cases,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law, 
and  shall  also  collect  and  retain  for  his  own  use  such  fees  as  are  now 


237  COUNTY  GOVERNMENT.  Act  837,  §  190 

or  may  be  hereafter  allowed  by  law  for  services  rendered  by  him  as 
coroner,  when  acting  as  such. 

14.  Constables  shall  receive  the  following  monthly  salaries,  to  be  paid 
each  month  as  salaries  of  the  county  ofiicers  are  paid,  which  shall  be  in 
full  for  all  services  rendered  by  them  in  criminal  cases:  In  townships 
having  a  population  of  three  thousand  five  hundred  or  more,  seventy- 
five  dollars  per  month.  In  townships  having  a  population  of  not  less 
than  two  thousand  nor  more  than  three  thousand  five  hundred,  seventy 
dollars  per  month.  In  townships  having  a  population  of  not  less  than 
twelve  hundred  nor  more  than  two  thousand,  fifteen  dollars  per  month. 
In  all  townships  having  a  population  of  less  than  twelve  hundred,  ten 
dollars  per  month.  In  addition  to  the  morlthly  salary  allowed  herein, 
each  constable  may  collect  and  retain  for  his  own  use  such  fees  as  are 
now  or  may  be  hereafter  allowed  by  law  for  all  services  performed  by 
him  in  civil  actions;  and  he  shall  also  be  allowed  his  actual  and  neces- 
sary expenses  incurred  in  executing  any  warrant  outside  of  his  county 
issued  by  a  magistrate  or  justice  of  his  county. 

Constables  shall  also  be  allowed  all  necessary  expenses  actually  in- 
curred in  arresting  and  conveying  prisoners  to  the  county  jail,  which 
said  expenses  shall  be  audited  and  allowed  by  the  board  of  supervisors, 
and  paid  out  of  the  county  treasury. 

15.  Each  member  ef  the  board  of  education  shall  receive  five  dollars 
per  day  as  compensation  for  his  services  when  in  actual  attendance 
upon  said  board,  and  mileage  at  the  rate  of  twenty-five  cents  per  mile, 
one  way  only,  from  his  residence  to  the  place  of  meeting  of  said  board. 
The  secretary  of  said  board  of  education  shall  receive  five  dollars  per 
day  for  his  services  for  the  actual  time  that  the  board  may  be  in  session. 
Said  compensation  of  the  members  of  said  board,  and  of  said  secretary 
shall  be  paid  out  of  the  same  fund  as  the  salary  of  the  superintendent 
of  schools  is  paid.  Claims  for  such  services  and  mileage  shall  be  pre- 
sented to  the  board  of  supervisors,  and  shall  be  allowed  at  the  rate 
above  named,  in  the  same  manner  as  other  claims  against  the  county 
are  allowed.  The  compensation  of  the  members  of  the  county  board  of 
education,  herein  provided  is  not  in  addition  to  that  provided  in  sec- 
tion one  thousand  seven  hundred  and  seventy  of  the  Political  Code. 

16.  Each  supervisor,  nine  hundred  dollars  per  annum,  and  twenty 
cents  per  mile  for  traveling  from  his  residence  to  the  county  seat;  pro- 
vided, that  when  a  supervisor  is  also  road  commissioner,  he  shall  receive, 
in  addition  to  the  twenty  cents  per  mile  allowed  to  him  by  law  as  such 
road  commissioner  his  actual  traveling  expenses,  the  total  mileage  and 
expenses  not  in  any  one  year  to  exceed  the  sum  of  three  hundred  dol- 
lars. [Amendment  approved  March  20,  1905.  Stats.  1905,  p.  358.  In 
effect  on  the  first  Monday  after  January  1,  1907.] 

§  190.  In  counties  of  the  thirty-third  (33)  class,  the  county  officers 
shall  receive,  as  compensation  for  the  services  required  of  them  by  law  or 
by  virtue  of  their  office,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  one  thousand  five  hundred  dollars  ($1,500)  per 
annum. 


Act  837,  §190  GENERAL  LAWS.  238 

2.  The  sheriff,  three  thousand  five  hundred  dollars  ($3,500)  per  annum, 
and  a  jailer  at  fifty  dollars  ($50)  per  month,  to  be  paid  out  of  the  county- 
treasury;  provided,  the  sheriff  shall  also  receive  for  his  own  Use  and 
benefit  his  necessary  expenses  in  all  criminal  cases,  to  be  allowed  as  other 
county  charges  are  allowed  by  law;  and,,  provided  further,  that  the  sheritf 
shall  also  receive  for  his  own  use  and  benefit,  the  mileage,  fees  and  com- 
missions for  all  services  of  all  papers  whatsoever  issued  by  any  court  of 
the  state  outside  of  his  own  county. 

3.  The  recorder,  one  thousand  five  hundred  dollars  ($1500)  per  annum. 

4.  The  auditor,  one  thousand  dollars  ($1000)  per  annum. 

5.  The  treasurer,  one  thousand  five  hundred  dollars  ($1500)  per  annum. 

6.  The  tax  collector,  twelve  hundred  dollars  ($1200)  per  annum  and 
ten  per  cent  of  all  licenses  collected  by  him;  and  a  deputy,  at  four  dollars 
($4)  per  day  for  not  more  than  one  hundred  (100)  days  in  any  one  year, 
to  be  paid  out  of  the  county  treasury. 

7.  The  assessor,  two  thousand  five  hundred  dollars  ($2500)  per  annum 
and  two  deputies  at  a  salary  of  five  dollars  ($5)  each  per  day  for  not 
more  than  one  hundred  (100)  days  in  any  one  year,  and  two  deputies 
additional,  at  a  salary  of  five  dollars  ($5)  each  per  day  for  not  more  than 
fifty  (50)  days  in  any  one  year;  such  deputies  to  be  paid  out  of  the  county 
treasury. 

8.  The  district  attorney,  two  thousand  dollars  ($2000)  per  annum  and 
necessary  traveling  expenses  to  be  allowed  by  the  board  of  supervisors. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

11.  The  superintendent  of  schools,  fifteen  hundred  dollars  ($1500),  per 
annum,  and  actual  traveling  expenses,  when  visiting  the  schools  of  his 
county. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law;  provided,  he  shall  be  given  all  work  for  the  county  in  which  the 
county  employs  one  surveyor  or  civil  engineer. 

13.  In  counties  of  this  class,  the  township  officers  shall  receive  the 
following  compensations,  to  wit:  In  townships  having  a  population  of  over 
four  thousand  (4000),  justices  of  the  peace  shall  receive  a  monthly  salary 
of  sixty  ($60)  dollars  per  month,  and  constables  a  monthly  salary  of  sixty- 
five  dollars  ($65)  per  month.  The  above  named  salaries  shall  be  in  full 
compensation  for  all  services  of  said  justices  of  the  peace  and  constables 
in  criminal  cases,  but  said  justices  of  the  peace  and  constables  may  retain 
for  their  own  use  the  fees  allowed  by  law  in  civil  cases. 

In  townships  having  a  population  of  more  than  twenty-seven  hundred 
(2700),  and  not  exceeding  four  thousand  (4000),  justices  of  the  peace  shall 
receive  a  monthly  salary  of  thirty  dollars  ($30)  per  month,  and  constables 
a  monthly  salary  of  forty  dollars  per  month.  The  above  named  salaries 
shall  be  in  full  compensation  for  all  services  of  said  justices  of  the  peace 
and  constables  in  criminal  cases,  but  said  justices  of  the  peace  and  con- 
stables may  retain  for  their  own  use  the  fees  allowed  by  law  in  civil  cases. 

In  townships  having  a  population  of  more  than  two  thousand  (2000) 
and  less  than  twenty-seven  hundred  (2700),  justices  of  the  peace  shall 


•^39  COUNTY  GOVERNMENT.  Act  837,  §  191 

receive  a  monthly  salary  of  twenty-five  dollars  ($25)  per  month  and  con- 
stables a  monthly  salary  of  thirty-five  dollars  ($35)  per  month.  The 
above  named  salaries  shall  be  in  full  compensation  for  all  services  of 
said  justices  of  the  peace  and  constables  in  criminal  cases,  but  said  jus- 
tices of  the  peace  and  constables  may  retain  for  their  own  use  the  fees 
allowed  by  law  in  civil  cases. 

In  townships  having  a  population  of  less  than  two  thousand  (2000), 
justices  of  the  peace  shall  receive  a  monthly  salary  of  twenty  dollars  ($20) 
per  month  and  constables  a  monthly  salary  of  twenty-five  dollars  ($25) 
per  month.  The  above  named  salaries  shall  be  in  full  compensation  for  all 
services  of  said  justices  of  the  peace  and  constables  in  criminal  cases, 
but  said  justices  of  the  peace  and  constables  may  retain  for  their  own 
use  the  fees  allowed  by  law  in  civil  cases;  provided,  that  where  a  con- 
stable shall  be  required  to  travel  outside  of  his  own  township,  in  serving 
or  executing  a  warrant  of  arrest  or  any  other  paper  in  a  criminal  case, 
he  shall  be  allowed,  in  addition  to  the  salary  hereinbefore  provided,  his 
actual  expenses  incurred  in  serving  or  executing  the  same,  to  be  allowed 
by  the  board  of  supervisors;  for  transporting  prisoners  to  the  county  jail, 
the  actual  expenses  of  such  transportation;  and  provided  further,  that  for 
the  purpose  of  this  act,  the  population  of  the  several  townships  shall  be 
ascertained  by  multiplying  the  number  of  registered  voters  at  the  last 
general  election  of  each  township,  by  five.  In  addition  to  the  above  sal- 
aries allowed  said  justices  of  the  peace  and  constables  for  their  services 
in  criminal  cases,  they  may  retain  for  their  own  use  the  fees  allowed  by 
law  in  civil  cases. 

14.  Each  supervisor,  six  hundred  dollars  ($600)  per  annum  and  twenty 
(20)  cents  per  mile  traveling  to  county  seat,  which  shall  be  in  full  com- 
pensation for  all  services,  both  as  supervisor  and  road  commissioner;  pro- 
vided, that  in  case  the  said  supervisors  shall  not  serve  as  road  commis- 
sioners, the  salary  for  supervisor  shall  be  four  hundred  dollars  ($400) 
per  annum. 

15.  For  attending  as  a  grand  juror,  or  a  trial  juror  in  criminal  cases 
only,  in  the  superior  court,  for  each  day's  attendance,  three  (3)  dollars; 
for  each  mile  actually  traveled  one  way  as  such  grand  juror,  or  trial  juror 
in  criminal  cases,  in  the  superior  court,  under  summons  or  order  of  the 
court,  twenty-five  cents.  The  county  clerk  shall  certify  to  the  auditor  the 
number  of  days'  attendance,  and  the  number  of  miles  traveled  by  each 
juror  and  the  auditor  shall  then  draw  his  warrant  therefor  and  the  treas- 
urer shall  pay  the  same. 

16.  This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage 
and  so  far  as  it  relates  to  the  fees  and  mileage  of  jurors  and  traveling 
expenses  of  constables,  shall  take  effect  immediately,  but  shall  not  affect 
the  compensation  of  other  officers  during  the  present  term  of  ofiice. 
[Amendment  approved  March  20,  1905.     Stats.  1905,  p.  376.] 

§  191,  In  counties  of  the  thirty-fourth  class  the  county  oflScers  shall 
receive  as  compensation  for  the  services  required  of  them  by  law  or  by 
virtue  of  their  office,  the  following  salaries,  to  wit: 


Act  837,  §  191  GENERAL  LAWS.  240 

1.  The  county  clerk,  two  thousand  four  hundred  dollars  per  annum,  and 
during  each -year  in  which  a  general  election  is  held  throughout  the  state 
he  shall  in  addition  to  said  salary  receive  each  month  for  the  months  of 
August,  September,  October  and  November,  one  hundred  dollars,  and  the 
same  shall  be  so  paid  from  the  same  fund  as  other  salaries  are  paid. 

2.  The  sheriff,  four  thousand  dollars  per  annum,  and  the  fees,  mileage 
and  commissions  for  the  services  of  all  papers  issued  by  any  court  of  the 
state  outside  of  this  county.  Also  his  actual  traveling  expenses  in  the 
execution  of  a  warrant  outside  of  his  county  issued  by  a  magistrate  or 
court  of  his  county. 

3.  The  recorder,  one  thousand  five  hundred  dollars  per  annum;  provided, 
that  such  recorder  shall  collect  and  pay  into  the  county  treasury,  for  the 
use  and  benefit  of  the  county,  the  fees  required  by  law  to  be  so  collected; 
and  provided,  that  when  the  amount  of  said  fees  collected  shall  amount 
to  more  than  one  hundred  and  twenty-five  dollars  in  any  month,  the  re- 
corder may  receive  and  retain  for  his  own  use,  in  addition  to  his  salary, 
all  fees  in  excess  of  one  hundred  and  twenty-five  dollars,  and  not  exceed- 
ing one  hundred  and  seventy-five  dollars,  in  any  month  so  collected;  so 
that  the  amount  of  fees  thus  received  by  the  recorder  for  his  own  use, 
plus  the  salary,  shall  not  exceed  the  sum  of  one  hundred  and  seventy-five 
dollars  in  any  one  month. 

4.  The  auditor,  one  thousand  dollars  per  annum. 

5.  The  treasurer,  one  thousand  four  hundred  dollars  per  annum. 

6.  The  tax  collector,  one  thousand  two  hundred  dollars  per  annum,  and 
ten  per  cent  of  all  licenses  collected  by  him. 

7.  The  assessor,  twenty-six  hundred  dollars  per  annum;  provided,  that 
in  counties  of  this  class  there  shall  be  one  deputy  assessor,  who  shall  be 
appointed  by  the  assessor  of  said  county  and  who  shall  hold  office  from  12 
o'clock  meridian  of  the  first  Monday  of  March  of  each  year  up  to  12 
o'clock  meridian  of  the  first  Monday  in  July  of  each  year.  The  salary  of 
said  deputy  assessor  herein  provided  for  is  hereby  fixed  at  the  sum  of 
one  hundred  dollars  per  month  during  which  months  he  shall  hold  office 
as  herein  provided,  which  said  salary  shall  be  paid  by  said  county  at  the 
same  time  and  in  the  same  manner  and  out  of  the  same  fund  as  is  the 
salary  of  the  assessor. 

8.  The  district  attorney,  fifteen  hundred  dollars  per  annum. 

9.  The  coroner,  six  hundred  dollars  per  annum. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

11.  The  superintendent  of  schools,  one  thousand  dollars  per  annum,  and 
actual  traveling  expenses  while  visiting  the  schools  of  his  county. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law;  provided,  he  shall  be  given  all  work  for  the  county  in  which  the 
county  employs  a  surveyor  or  civil  engineer;  and  provided  further,  that  it 
shall  be  the  duty  of  the  board  of  supervisors  of  counties  of  this  class  to 
so  employ  him. 

13.  Supervisors,  each  the  sum  of  six  hundred  dollars  per  annum  for  all 
services  performed  by  them,  as  supervisors,  and  members  of  the  board  of 
equalization  and  road  commissioners;  provided,  that  each  supervisor  shall 


241  COUNTY  GOVERNMENT.  Act  837,  §  191 

receive  ten  cents  for  each  mile  traveled  by  the  ordinary  route,  in  going 
from  his  residence  to  the  county  seat  and  returning,  once  during  each 
month. 

14.  For  the  purpose  of  regulating  the  compensation  of  justices  of  the 
peace  and  constables,  townships  of  this  class  or  counties  are  hereby  classi- 
fied according  to  their  population  as  shown  by  the  federal  census  of  1900; 
townships  having  a  population  of  two  thousand  four  hundred  and  not 
over  four  thousand  shall  be  classified  as  townships  of  the  first  class,  and 
townships  having  a  population  of  les-s  than  two  thousand  four  hundred 
shall  belong  to  and  be  known  as  townships  of  the  second  class. 

15.  In  townships  of  the  first  class,  justices  of  the  peace  shall  receive 
forty  dollars  a  month  to  be  paid  each  month  out  of  the  same  fund  and  at 
the  same  time  as  the  county  officers  are  paid,  and  which  sum  shall  be  in 
full  compensation  for  all  services  rendered  by  them  in  criminal  cases. 
In  townships  of  the  second  class,  justices  of  the  peace  shall  receive  thirty 
dollars  per  month  to  be  paid  each  month  out  of  the  same  fund  and  at  the 
same  time  as  the  county  officers  are  paid  and  which  sum  shall  be  in  full 
compensation  for  all  services  rendered  by  them  in  criminal  cases. 

16.  Constables  in  counties  of  this  class  shall  receive  the  following 
monthly  salaries  to  be  paid  each  month  out  of  the  same  fund  and  at  the 
same  time  as  the  county  officers  are  paid,  which  sum  shall  be  in  full  com- 
pensation for  all  services  rendered  by  them  in  criminal  cases,  the  same 
to  include  all  costs  of  transportation  of  all  prisoners  within  the  county, 
to  wit:  Constables  in  townships  of  the  first  class  shall  receive  a  monthly 
salary  of  sixty  dollars  per  month,  and  constables  of  townships  of  the  sec- 
ond class  shall  receive  a  monthly  salary  of  forty  dollars  per  month.  Pro- 
vided further,  that  when  any  constable  is  required  to  go  out  of  his  own 
county  to  serve  a  warrant  of  arrest  or  any  other  paper  in  a  criminal  case 
he  shall  be  allowed  mileage  both  going  and  coming,  outside  of  his  own 
county,  at  the  rate  of  ten  cents  per  mile,  but  shall  not  be  allowed  any 
Bum  for  any  other  expenses. 

17.  In  counties  of  this  class  the  official  reporter  of  the  superior  court 
shall  receive,  as  full  compensation  for  taking  notes  in  civil  and  criminal 
cases  tried  in  said  court,  such  fees  as  are  now  or  may  be  hereafter  pro- 
vided by  law;  said  compensation  for  per  diem  and  transcription  in  crim- 
inal cases  to  be  audited  and  allowed  upon  a  written  order  of  the  court, 
and  paid  out  of  the  county  treasury,  and  in  civil  cases  to  be  paid  by  the 
party  ordering  the  same,  or,  when  ordered  by  the  judge,  by  either  party, 
ur  jointly  by  both  parties,  as  the  court  may  direct. 

Jurors  and  witness  fees,  in  criminal  cases,  shall  be  as  follows: 

18.  For  attending  as  a  grand  juror  or  a  trial  juror  in  the  superior  court, 
in  criminal  cases  only,  for  each  day's  attendance,  per  day,  three  dollars, 
for  each  mile  actually  traveled  in  attending  court  as  such  juror  under 
summons  or  under  order  of  court,  in  criminal  cases,  in  going  only,  per 
mile,  twenty-five  cents  and  the  county  clerk  shall  certify  to  the  auditor 
the  number  of  days'  attendance  and  number  of  miles  traveled  by  each 
juror,  and  the  auditor  shall  then  draw  his  warrant  therefor  and  the  treas- 
urer shall  pay  the  same. 

Gen.  Laws — 16 


Act  837,  §  192  GENERAL  LAWS.  242 

Witness  fees  shall  be  as  follows: 

19.  For  each  day's  actual  attendance,  when  legally  required  to  attend 
upon  the  superior  court,  per  day,  one  dollar  and  fifty  cents  in  criminal 
cases.  Mileage  actually  traveled,  one  way  only,  per  mile,  ten  cents;  pro- 
vided, however,  that  such  per  diem  and  mileage  shall  only  be  allowed  on 
a  showing  to  the  court,  by  the  witness,  that  he  is  in  indigent  circum- 
stances and  is  unable  to  bear  the  expense  incident  to  attending  court, 
while  required  so  to  do,  and  that  such  per  diem  and  mileage  are  necessary 
for  the  expenses  of  the  witness  in  attending;  and  the  court  shall  determine 
the  necessity  of  the  same,  and  shall  then  make  an  order  directing  the 
auditor  to  draw  his  warrant  on  the  county  treasurer  for  the  amount 
allowed,  and  the  treasurer  shall  pay  the  same.  The  court  may  disallow 
any  fee   to   a  witness  unnecessarily  subpoenaed. 

This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage 
and  so  far  as  the  same  relates  to  the  salary  of  the  justices  of  the  peace 
and  constables  and  the  compensation  of  the  official  reporter  of  the  supe- 
rior court,  it  shall  affect  and  apply  to  present  incumbents.  [Amendment 
approved  March  20,  1905.     Stats.  1905,  p.  335.] 

§  192.  In  counties  of  the  thirty-fifth  class,  the  county  officers  shall  re- 
ceive, as  compensation  for  the  service  required  of  them,  by  law  or  by  vir- 
tue of  their  office,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  one  thousand  five  hundred  dollars  per  annum. 

2.  The  sheriff,  four  thousand  two  hundred  and  fifty  dollars  per  annum; 
provided,  the  sheriff  shall  also  receive  for  his  own  use  and  benefit  his 
necessary  expenses  in  all  criminal  cases,  to  be  allowed  as  other  county 
charges  are  allowed  by  law;  and,  provided  further,  that  the  sheriff  shall 
also  receive  for  his  own  use  and  benefit,  the  mileage,  fees,  and  commis- 
sions for  all  service  of  all  papers  whatsoever  issued  by  any  court  of  the 
state  outside  of  his  county. 

3.  The  recorder,  one  thousand  eight  hundred  dollars  per  annum. 

4.  The  auditor,  one  thousand  dollars  per  annum. 

5.  The  treasurer,  one  thousand  eight  hundred  dollars  per  annum. 

6.  The  tax  collector,  five  hundred  dollars  per  annum;  provided,  as  license 
collector,  he  shall,  in  addition,  be  entitled  to  receive,  and  retain  for  his 
own  use  and  benefit,  ten  per  cent  on  all  licenses  collected  by  him. 

7.  The  assessor,  one  thousand  eight  hundred  dollars  per  annum,  and  one 
deputy  not  to  exceed  five  dollars  per  day  for  not  more  than  one  hundred 
and  twenty-five  days  in  any  year,  and  one  field  deputy  not  to  exceed  five 
dollars  per  day,  for  not  more  than  one  hundred  and  twenty-five  days  in 
any  one  year  to  be  paid  out  of  the  county  treasury. 

8.  The  district  attorney,  one  thousand  eight  hundred  dollars  per  annum; 
provided,  he  may  charge  and  receive  for  his  own  use  necessary  expenses 
for  traveling  on  county  and  public  business,  to  be  allowed  as  other  county 
charges  are  allowed  by  law. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

11.  The  superintendent  of  schools,  six  hundred  dollars  per  annum,  and 
actual  traveling  expenses  when  visiting  the  schools  of  his  county.     And 


243  COUNTY  GOVERNMENT.  Act  837,  §  192 

if  the  board  of  supervisors  provide  that  he  shall  not  engage  in  teaching, 
then  he  shall  receive  one  thousand  two  hundred  dollars  per  annum,  and 
traveling  expenses,  not  to  exceed  three  hun<lred  dollars  per  annum,  which 
expenses  are  to  be  allowed  and  paid  as  a  county  charge. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law;  provided,  he  shall  be  given  all  work  for  the  county  in  which  the 
county  employs  one  surveyor  or  civil  engineer. 

13.  In  counties  of  this  class  the  township  officers,  shall  receive  the  fol- 
lowing compensation,  to  wit: 

In  townships  having  a  population  of  three  thousand  or  more,  justices  of 
the  peace  shall  receive  a  monthly  salary  of  forty  dollars  per  month,  and 
constables  a  monthly  salary  of  sixty  dollars  per  month. 

In  townships  having  a  population  of  more  than  twenty-two  hundred  and 
less  than  three  thousand,  the  justices  of  the  peace  shall  receive  a  monthly 
salary  of  thirty-five  dollars  per  month,  and  constables  a  monthly 
salary  of  fifty-five  dollars  per  month. 

In  townships  having  a  population  of  more  than  eighteen  hundred  and 
less  than  twenty-two  hundred,  justices  of  the  peace  shall  receive  a  monthly 
salary  of  thirty  dollars  per  month,  and  constables  a  monthly  salary  of 
fifty  dollars  per  month. 

In  townships  having  a  population  of  more  than  fourteen  hundred  and 
not  less  than  eighteen  hundred,  justices  of  the  peace  shall  receive  a 
monthly  salary  of  twenty-five  dollars  per  month,  and  constables  a  monthly 
salary  of  forty-five  dollars  per  mouth. 

In  townships  having  a  population  of  less  than  fourteen  hundred,  justices 
of  the  peace  shall  receive  a  monthly  salary  of  twenty-five  dollars  per 
month,  and  constables  a  monthly  salary  of  forty  dollars  per  month.  The 
above  named  salaries  shall  be  in  full  compensation  for  all  services  of 
said  justices  of  the  peace  and  constables  in  criminal  cases;  provided,  that, 
in  addition  to  the  salary  herein  allowed,  each  constable  shall  be  paid  out 
of  the  treasury  of  the  county  for  traveling  expenses  outside  of  his  town- 
ship, for  service  of  a  warrant  of  arrest  or  any  other  paper  in  a  criminal 
case,  such  fees  as  they  are  now  or  may  be  hereafter  allowed  by  law,  for 
transporting  prisoners  to  the  county  jail,  the  actual  expenses  of  such 
transportation;  and,  provided  further,  that  for  the  purpose  of  this  act,  the 
population  of  the  several  townships,  shall  be  ascertained  by  multiplying 
the  number  of  registered  voters  at  the  last  general  election  by  five.  But 
said  justices  of  the  peace  and  constables  may  retain  for  their  own  use, 
the  fees  allowed  by  law  in  civil  cases. 

14.  Each  supervisor,  four  hundred  dollars  per  annum,  and  ten  cents  per 
mile  for  traveling  to  and  from  his  residence  to  the  county  seat  at  each 
session;  and,  unless  otherwise  provided  by  law,  when  serving  as  road 
commissioner,  three  dollars  per  day.  But  he  shall  not  in  any  one  year 
receive  more  than  three  hundred  dollars  for  services  as  such  road  com- 
missioner. [Amendment  approved  March  18,  1903.  Stats.  1903,  p.  200.  In 
effect  immediately.] 


Act  837,  §§  193,  194  GENERAL  LAWS.  244 

§  193.  In  counties  of  the  thirty-sixth  class,  the  county  oiBcers  shall 
receive  as  compensation  for  the  services  required  of  them  by  law,  or  by 
virtue  of  their  office,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  twenty-two  hundred  dollars  per  annum. 

2.  The  sheriff,  forty-five  hundred  dollars  per  annum. 

3.  The  recorder,  three  thousand  dollars  per  annum. 

4.  The  auditor,  one  thousand  dollars  per  annum. 

5.  The   treasurer,   one   thousand   eight   hundred   dollars   per   annum. 

6.  The  tax  collector,  one  thousand  dollars  per  annum,  and  five  per  cent 
on  all  licenses  collected  by  him  as  license  collector. 

7.  The  assessor,  two  thousand  five  hundred  dollars  per  annum. 

8.  The  district  attorney,  one  thousand  eight  hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

11.  The  superintendent  of  schools,  one  thousand  five  hundred  dollars  per 
annum,  and  actual  traveling  expenses  when  visiting  the  schools  of  his 
county. 

12.  The  surveyor,  one  thousand  five  hundred  dollars  per  annum,  which 
shall  be  in  full  for  all  services  required  of  him  by  the  superior  court  or 
the  board  of  supervisors;  provided,  that  he  shall  be  entitled  to  receive 
from  the  county  his  actual  expenses  incurred  in  the  performance  of  any 
order  of  the  court  or  the  board  of  supervisors;  provided  further,  that  when- 
ever the  surveyor  is  directed  by  the  board  of  supervisors  to  plat,  trace  or 
otherwise  prepare  maps,  plats  or  block  books  for  the  use  of  the  county 
assessor,  he  shall  be  allowed  only  the  actual  cost  of  preparing  the  same. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

15.  Each  supervisor,  seven  hundred  and  fifty  dollars  per  annum,  which 
shall  be  in  full  for  all  services  as  supervisor  and  road  commissioner  for  each 
year.  Said  salary  of  seven  hundred  and  fifty  dollars  shall  be  payable 
monthly.  [Amendment  approved  March  20,  1905.  Stats.  1905,  p.  365. 
In  effect  in  sixty  days.] 

§  194.  In  counties  of  the  thirty-seventh  class,  the  county  officers  shall 
receive  as  compensation  for  their  services  required  of  them  by  law,  or  by 
virtue  of  their  office,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  twenty-five  hundred  dollars,  per  annum. 

2.  The  sheriff,  four  thousand  dollars  per  annum,  and  one  jailer  at  a  salary 
of  nine  hundi-ed  dollars  per  annum. 

3.  The  recorder,  eighteen  hundred  dollars  per  annum. 

4.  The  auditor,  fifteen  hundred  dollars  per  annum. 

5.  The  treasurer,  fifteen  hunndred  dollars  per  annum. 

6.  The  tax  collector,  two  thousand  dollars  per  annum,  which  shall  be  in 
full  for  all  services  as  tax  collector  and  as  license  collector. 

7.  The  assessor,  fifteen  hundred  dollars  per  annum. 

8.  The  district  attorney,  eighteen  hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be  provided  by  law. 


245  COUNTY  GOVERNMENT.  Act  837,  §  195 

10.  The  public  administrator,  such  fees  as  are  now  or  may  hereafter  be 
provided  by  law. 

11.  The  superintendent  of  schools,  fifteen  hundred  dollars  per  annum. 

12.  The  surveyor,  such  fees  as  are  now  or  may  hereafter  be  provided  by  law. 

13.  Each  supervisor  shall  receive  for  compensation  five  dollars  per  day 
for  all  services  performed  as  supervisor  and  member  of  the  board  of  equaliza- 
tion, not  to  exceed  the  sum  of  four  hundred  dollars  per  annum ;  also,  three 
dollars  per  day  for  each  day  actually^  engaged  in  performing  the  duties  of 
road  commissioner,  not  to  exceed  three  hundred  dollars  per  annum.  The 
supervisors  of  counties  of  this  class  shall  be  elected  from  their  respective 
supervisorial  districts  at  the  next  general  election  as  follows,  to  wit:  The 
term  of  office  of  the  supervisors  elected  from  the  first  and  third  supervis- 
orial districts  shall  expire  in  two  years  from  such  general  election  and  the 
term  of  office  of  the  supei-visors  elected  from  the  second,  fourth,  and  fifth 
supervisorial  districts  shall  terminate  in  four  years  from  such  general  elec- 
tion. 

14.  In  counties  of  this  class,  the  townsh>p  officers  shall  receive  the  follow- 
ing compensation,  to  wit:  In  townships  having  a  population  of  four  thou- 
sand, justices  of  the  peace  shall  receive  a  monthly  salary  of  seventy-five  dol- 
lars; and  constables  a  monthly  salary  of  seventy  five  dollars.  The  above- 
named  salaries  shall  be  in  full  compensation  for  all  services  of  said  justices 
of  the  peace  and  constables  in  criminal  cases ;  they  may  also  retain  for  their 
own  use  all  other  fees,  except  those  in  criminal  cases,  as  are  now  or  may 
hereafter  be  provided  hy  law.  In  townships  having  a  population  of  less 
than  four  thousand,  each  justice  of  the  peace  and  each  constable  shall 
receive  as  compensation  for  his  services  such  fees  as  are  now,  or  may 
hereafter  be,  provided  by  law.  [Amendment  approved  March  20,  1905, 
Stats.  1905,  p.  308.     In  effect  in  sixty  days.] 

§  195.  In  counties  of  the  thirty-eighth  (38)  class  (Stanislaus)  the 
county  officers  shall  receive  as  compensation  for  the  services  required  of 
them  by  law  or  by  virtue  of  their  office,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  two  thousand  seven  hundred  dollars  per  annum;  and 
provided,  that  in  each  year  when  a  new  registration  is  required  he  shall 
receive  in  addition  to  his  salary  the  sum  of  ten  (10)  cents  for  each  elector 
registered,  wliich  amount  shall  be  allowed  by  the  board  of  supervisors  at  the 
close  of  registration  preceding  a  general  election,  and  paid  from  the  general 
fund  of  the  county. 

2.  The  sheriff,  five  thousand  dollars  per  annum,  and  fees,  commissions, 
and  mileage  for  the  service  of  papers  or  process  coming  from  courts  other 
than  those  of  his  own  county. 

3.  The  recorder,  one  thousand  six  hundred  dollars  per  annum;  provided, 
that  such  recorder  shall  collect  and  pay  into  the  county  treasury,  for  the  use 
and  benefit  of  the  county,  the  fees  required  by  law  to  be  so  collected;  and 
provided,  that  when  the  amount  of  said  fees  collected  shall  exceed  two  hun- 
dred and  fifty  dollars  in  any  month,  the  recorder  may  receive  and  retain 
for  his  own  use,  in  addition  to  his  salary,  one-half  of  all  fees  in  excess  of 
two  hundred  and  fifty  dollars  in  any  month  so  collected.     But  the  amount  of 


Act  837,  §  195  GENERAL  LAWS.  246 

fees  thus  received  by  the  recorder  for  his  own  use,  plus  his  salary,  shall  not 
exceed  the  sum  of  three  thous-and  dollars  in  any  one  year. 

4.  The  auditor,  one  thousand  six  hundred  dollars  per  annum. 

5.  The  treasurer,  one  thousand  six  hundred  dollars  per  annum,  and  the 
fees  and  commissions  now  or  hereafter  allowed  by  law. 

6.  The  tax  collector,  one  thousand  dollars  per  annum,  and  the  fees  and 
commissions  now  or  hereafter  allowed  by  law. 

7.  The  assessor,  two  thousand  eight  hundred  dollars  per  annum,  and  the 
fees  and  commissions  now  or  hereafter  allowed  by  law.  The  assessor  shall 
also  be  allowed  the  following  deputies,  viz.:  One  deputy  for  each  bona  fide 
increase  of  one  hundred  real  estate  statements  made  for  assessment  pur- 
poses over  and  above  two  thousand  five  hundred  of  sueh  statements,  and  not 
to  exceed  in  all  six  deputies.  Each  of  such  deputies  shall  receive  a  monthly 
compensation  of  one  hundred  dollars  for  a  period  of  not  to  exceed  two  months 
in  any  one  year,  said  compensation  to  be  paid  monthly  in  the  same  manner 
as  county  officers  are  paid. 

8.  The  district  attorney,  two  thousand  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law. 

11.  The  superintendent  of  schools  one  thousand  five  hundred  dollars  per 
annum.  He  sliall  also  be  allowed  his  actual  traveling  expenses  when  visit- 
ing the  schools  of  the  county,  which  expense  shall  not  exceed  the  sum  of  five 
hundred  dollars  in  any  one  year.  He  shall  receive  nothing  for  his  services 
as  a  member  of  the  board  of  education.  The  superintendent  of  schools  shall 
be  allowed  one  deputy,  to  be  appointed  by  the  principal,  which  said  deputy 
shall  be  allowed  a  salary  of  fifty  dollars  per  month,  to  be  paid  at  the  same 
time  and  in  the  same  manner  as  other  county  officers. 

12.  The  surveyor  shall  receive  one  thousand  eight  hundred  dollars  per 
annum,  and  in  addition  thereto,  actual  traveling  and  other  necessary  expenses 
incurred  in  connection  with  field  work.  He  shall  have  one  deputy  at  a  salary 
of  one  thousand  dollars  per  annum;  said  deputy  to  be  appointed  by  the 
principal  and  be  paid  at  the  same  time  and  in  ithe  same  manner  as  other 
county  officers.  It  shall  be  the  duty  of  the  surveyor  among  other  things, 
to  make  and  correct  all  necessary  plats,  maps,  and  block-books  for  the 
assessor's  office,  and  all  necessary  county  and  road  maps,  and  all  necessary 
plans  and  specifications  for  bridge  work  and  county  buildings;  provided, 
however,  that  when  in  the  judgment  of  the  board  of  supervisors  of  the 
county,  on  the  representations  of  the  county  surveyor,  it  is  necessary  to 
employ  additional  assistance  for  the  performance  of  said  work,  the  board  of 
supervisors  shall  allow  the  necessary  and  actual  expense  therefor;  provided, 
be  shall  receive  nothing  for  preparing  any  map  or  plat  necessary  to  accom- 
pany reports  made  by  him  on  road  work,  nor  for  preparing  and  keeping  up 
the  necessary  and  proper  records  of  his  office.  He  shall  at  all  times  be 
subject  to  the  orders  of  the  board  of  supervisors. 

13.  For  the  purpose  of  regulating  the  compensation  of  justices  of  the 
peace  and  constables,  townships  of  this  class  of  counties  are  hereby  classified 
according  to  their  population  as  shown  by  the  federal  census  of  nineteen 
hundred:  Townships  having  a  populatioo  of  two  thousand  eight  hundred  and 


247  COUNTY  GOVERNMENT.  Act  837,  §  195 

more  shall  belong  to  and  be  known  as  townships  of  the  first  class;  townships 
having  a  population  of  two  thousand  four  hundred  and  less  than  two  thou- 
sand eight  hundred  shall  belong  to  and  be  known  as  townships  of  the  second 
class;  townships  hnving  a  population  of  one  thousaml  six  hundred  and  less 
than  two  thousand  four  hundred  shall  belong  to  and  be  known  as  townships 
of  the  third  class;  townships  having  a  population  of  eight  hundred  and  less 
than  one  thousand  six  hundred  shall  belong  to  and  be  known  as  townships 
of  the  fourth  class ;  townships  having  a  population  of  six  hundred  and  fifty 
and  less  than  eight  hundred  shall  belong  to  and  be  known  as  townships  of  the 
fifth  class;  townships  having  a  population  of  less  tlian  six  hundred  and  fifty 
shall  belong  to  and  be  known  as  townships  of  the  sixth  class;  providing,  that 
the  board  of  supervisors  of  the  county  may,  prior  to  any  general  election, 
consolidate  two  or  more  of  such  townships  into  one. 

13i/->.  Justices  of  the  peace  shall  receive  the  following  monthly  salaries, 
to  be  paid  each  month  as  the  county  officers  are  paid,  which  shall  be  in  full 
compensation  for  all  services  rendered  by  them  in  criminal  cases,  to  wit: 
In  townships  of  the  first  class,  ninety  dollars;  in  townships  of  the  second 
class,  fifty  dollars;  in  townships  of  the  third  class,  fifty  dollars;  in  town- 
ships of  the  fourth  class,  forty  dollars;  in  townships  of  the  fifth 
and  sixth  class,  twenty  dollars.  In  addition  to  the  monthly  salaries 
herein  allowed,  each  justice  of  the  peace  may  receive  and  retnin  for 
his  own  use  such  fees  as  are  now  or  may  hereafter  be  allowed  by  law  for 
all  services  rendered  by  him  in  civil  actions;  and  justices  of  the  first,  second 
and  third  class  shall  be  allowed  their  office  rent,  not  to  exceed  the  sum  of 
five  dollars  each,  for  any  one  month.  Each  justice  must  pay  into  the  county 
treasury,  once  a  month,  all  fines  collected  by  him. 

14.  Constables  shall  receive  the  following  monthly  salaries,  to  be  paid  each 
month  as  the  county  officers  are  paid,  which  shall  be  in  full  compensation  for 
all  services  rendered  by  them  in  criminal  cases,  to  wit:  In  townships  of  the 
first  class,  ninety  dollars;  in  townships  of  the  second  class,  eighty  dollars; 
in  townsliips  of  the  third  class,  eighty  dollars;  in  townships  of  the  fourth 
class,  fifty  dollars;  in  townships  of  the  fifth  and  sixth  class,  thirty  dollars. 
In  addition  to  the  monthly  salaries  herein  allowed,  each  constable  may  receive 
and  retain  for  his  own  use  such  fees  as  are  now  or  may  hereafter  be  allowed 
by  law  for  all  services  rendered  by  him  in  civil  actions;  and  shall  also  be 
allowed  all  necessary  expenses  actually  incurred  in  arresting  and  conveying 
prisoners  to  court  or  to  prison,  which  expense  shall  be  audited  and  allowed 
by  the  board  of  supervisors  and  paid  out  of  the  county  treasury;  provided 
further,  that  when  any  constable  is  required  to  go  out  of  his  own  county 
to  serve  a  warrant  of  arrest,  or  any  other  paper  in  a  criminal  case,  he 
shall  be  allowed  mileage,  both  going  and  returning,  outside  of  his  own 
county,  at  the  rate  of  ten  cents  per  mile. 

15.  Supervisors,  each,  the  sum  of  six  hundred  dollars  per  annum,  and  mile- 
age at  the  rate  of  ten  cents  per  mile  for  each  mile  traveled  in  going  to  and 
from  the  meeting  of  the  board;  provided,  that  only  one  mileage  at  any  one 
session  of  the  board  shall  be  allowed.  They  shall,  from  and  after  the  pass- 
age of  this  act,  act  as  road  commissioners  in  their  respective  districts,  and 
shall  thereafter  receive  for  their  services  as  such  road  commissioners  mileage 
at  the  rate  of  twenty  cents  per  mile  each,  one  way,  for  all  distances 


Act  837,  §  196  GENERAL  LAWS.  248 

actually  traveled  by  them  in  the  discharge  of  their  duties  as  such  road 
commissioners;  provided,  that  such  mileage  as  road  commissioner  shall 
not,  in  any  one  year,  exceed  the  sum  of  three  hundred  dollars  for  any 
one   of   the   commissioners. 

16.  Witnesses  in  criminal  cases  shall  receive  one  dollar  and  fifty  cents  per 
day,  and  ten  cents  per  mile  for  each  mile  actually  traveled,  one  way  only. 
The  court  shall  make  an  order  directing  the  auditor  to  draw  his  warrant  on 
the  county  treasurer  for  the  amount  due,  and  the  treasurer  shall  pay 
the  same.  The  court  may  disallow  any  fee  to  a  witness  unnecessarily 
subpoenaed.  [Amendment  approved  March  20,  1905.  Stats,  1905,  p. 
366.     In  effect  in  sixty  days.] 

§  196.  In  counties  of  the  thirty-ninth  class  the  county  officers  shall  receive 
as  compensation  for  services  required  of  them  by  law,  by  virtue  of  their 
offices,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  two  thousand  dollars  per  annum. 

2.  The  sheriff,  five  thousand  dollars  per  annum  and  fees,  commissions  and 
mileage  for  the  service  of  papers  or  process  coming  from  courts  other  than 
those  of  his  own  county. 

3.  The  recorder,  one  thousand  six  hundred  dollars  per  annum;  provided, 
that  in  counties  of  this  class  there  shall  be  and  is  hereby  allowed  to  the 
recorder  a  copyist  who  shall  be  appointed  by  the  recorder  and  paid  the  salary 
of  fifty  dollars  per  month;  said  salary  to  be  paid  by  said  county  in  monthly 
installments  at  the  time  and  in  the  same  manner  and  out  of  the  same  fund 
as  the  salary  of  the  recorder  is  paid;  and  provided  that  such  recorder  shall 
collect  and  pay  into  the  county  treasury  for  the  use  and  benefit  of  the  county 
the  fees  required  to  be  paid  by  law  so  collected ;  and  provided  that  when  the 
amount  of  said  fees  collected  shall  exceed  two  hundred  dollars  in  any  month, 
the  recorder  may  receive  and  retain  for  his  own  use,  in  addition  to  his 
own  salary,  one-half  of  all  fees  in  excess  of  two  hundred  dollars  in  any 
month  so  collected.  But  the  amount  of  fees  thus  received  by  the  re- 
corder for  his  own  use,  plus  his  salary  shall  not  exceed  the  sum  of  two 
thousand  dollars  in  one  year. 

4.  The  auditor,  one  thousand  six  hundred  dollars  per  annum. 

5.  The  treasurer,  one  thousand  eight  hundred  dollars  per  annum. 

6.  The  tax  collector,  one  thousand  five  hundred  dollars  per  annum. 

7.  The  assessor,  three  thousand  dollars  per  annum,  and  such  fees  as  now 
or  may  hereafter  be  allowed  by  law.  The  assessor  shall  also  be  allowed  the 
following  deputies,  viz.:  one  deputy  for  each  bona  fide  increase  of  one  hun- 
dred real  estate  statements  made  for  assessment  purposes  over  and  above 
twenty-four  hundred  of  such  statements  and  not  to  exceed  in  all  five  deputies. 
Each  of  such  deputies  shall  receive  a  monthly  compensation  of  one  hundred 
dollars  for  a  period  not  to  exceed  two  months  in  any  one  year,  said  compen- 
sation to  be  paid  monthly  in  the  same  manner  as  county  officers  are  paid. 
He  shall  prepare  the  military  roll  for  which  he  shall  receive  five  cents  for 
each  name  thereon;  that  the  assessor  shall  annually  revise  the  plats  in  his 
office  and  prepare  the  military  roll  at  his  own  cost  and  expense. 

8.  The  district  attorney,  one  thousand  eight  hundred  dollars  per  annnm,. 

9.  The  coroner,  such  fees  as  are  now  and  may  hereafter  be  allowed  by  law. 


249  COUNTY  GOVERNMENT.  Act  837,  §  196 

10.  The  public  administrator,  such  fees  as  are  now  and  may  hereafter  be 
allowed  by  law. 

11.  The  superintendent  of  schools,  one  thousand  four  hundred  dollars  per 
annum,  and  shall  also  be  allowed  the  compensation  provided  by  law  for 
services  upon  the  board  of  education.  He  shall  be  allowed  his  actual  trav- 
eling expenses  when  visiting  schools  of  his  count}',  wliieh  expense  shall  not 
exceed  the  sum  of  three  hundred  dollars  in  one  year.  Provided,  in  counties 
of  this  class  there  shall  be  and  is  hereby  allowed  to  the  superintendent  of 
schools  an  assistant  who  shall  be  appointed  by  the  superintendent  of  schools 
and  paid  a  salary  of  fifty  dollars  per  month,  said  salary  to  h?  paid  by  said 
county  in  monthly  installments  at  the  same  time  and  in  the  same  manner  an:  I 
out  of  the  same  fund  as  the  salary  of  the  superintendent  of  schools  is  paid. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law.  Provided  the  surveyor  shall  annually  revise  the  plats  in  the  offii^e  of 
the  assessor  for  which  he  shall  receive  a  sum  not  to  exceed  two  hundred 
dollars  in  any  one  year. 

13.  Justices  of  the  peace  shall  receive  the  following  salaries  for  all  ser- 
vices rendered  by  them  in  criminal  cases,  payable  monthly  in  the  same  manner 
as  county  officers  are  paid,  viz.:  In  townships  having  a  population  of  more 
than  three  thousand  five  hundred,  one  hundred  dollars  per  month;  in  town- 
ships having  a  population  of  less  than  three  thousand  five  hundred  and  more 
than  two  thousand,  seventy-five  dollars  per  month;  in  townships  having  a 
population  of  less  than  two  thousand,  forty  dollars  per  month.  Justices  of 
the  peace  in  counties  of  this  class  shall  also  receive  for  their  own  use  and 
benefit  such  fees  as  are  now  or  may  hereafter  be  allowed  by  law  in  civil 
cases.  .  They  shall  also  be  allowed  the  actual  rent  for  their  of&ces,  not  to 
exceed  ten  dollars  per  month. 

14.  Constables  shall  receive  the  following  salaries  for  all  services  rendered 
by  them  in  criminal  cases,  payable  monthly  in  the  same  manner  as  county 
officers  are  paid,  viz.:  In  townships  having  a  population  of  more  than  three 
thousand  five  hundred,  one  hundred  dollars  per  mpnth ;  in  townships  having 
a  population  of  less  than  three  thousand  five  hundred  and  more  than  two 
thousand,  seventy-five  dollars  per  month;  in  townships  having  a  population 
of  less  than  two  thousand,  forty  dollars  per  month.  Constables  shall  also 
receive  for  their  own  use  and  benefit  such  fees  as  are  now  or  hereafter  may 
be  allowed  by  law  in  civil  cases.  They  shall  also  be  allowed  their  actual 
expenses  in  conveying  prisoners  from  the  place  of  arrest  to  the  court,  and  in 
case  of  conviction,  from  court  to  th?  county  jail. 

15.  Supervisors,  each  six  hundred  dollars  per  annum  for  all  services  per- 
formed by  them  as  supervisors  and  members  of  the  board  of  equalization 
and  road  commissioners,  including  mileage,  provided,  that  each  supervisor 
shall  receive  ten  cents  for  each  mi'e  traveled  by  the  ordinary  route  in  going 
from  his  residence  to  the  county  seat  and  returning  once  during  each  meet- 
ing. Each  supervisor  shall  be  allowed  his  actual  traveling  expenses  while 
supervising  the  roads  of  his  district,  not  exceeding  twenty  dollars  in  any  one 
month.  [Amendment  approved  March  20,  1905,  Stats.  1905,  p.  338.  In 
effect  in  sixty  days.] 


Act  837,  §  197  GENERAL  LAWS.  250 

§  197.  In  counties  of  the  fortieth  class,  the  county  officers  shall  receive 
as  compensation  for  the  services  required  of  them  by  law  or  by  virtue  of  their 
offices,  the  following  salaries  and  fees,  to  wit: 

1.  The  county  clerk,  fifteen  hundred  dollars  per  annvim. 

2.  Tlie  sheriff,  three  thousand  dollars  per  annum,  and  all  mileage  for  the 
service  of  papers  issued  out  of  any  court  outside  of  his  county. 

3.  The  recorder,  twenty-one  hundred  dollars  per  annum. 

4.  The  auditor,  nine  hundred  dollars  per  annum. 

5.  The  treasurer,  fifteen  hundred  dollars  per  annum. 

6.  The  tax  collector,  five  hundred  dollars  per  annum,  and  ten  per  cent  on 
all  licenses  collected  by  him  as  license  collector. 

7.  The  assessor,  three  thousand  five  hundred  dollars  per  annum. 

8.  The  district  attorney,  fifteen  hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now,  or  may  be  hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now,  or  may  be  hereafter 
allowed  by  law. 

11.  The  superintendent  of  schools,  fifteen  hundred  dollars  per  annum,  and 
actual  traveling  expenses  when  visiting  the  schools  of  his  county. 

12.  The  surveyor,  such  fees  as  are  now,  or  may  be  hereafter  allowed  by  law. 

13.  Each  justice  of  the  peace,  the  following  fees:  In  civil  actions  before 
him,  for  all  services  required  to  be  performed  by  him  before  trial,  two  dollars. 

For  a  trial,  and  all  proceedings  subsequent  thereto,  including  all  af- 
fidavits, swearing  witnesses  and  jury,  and  the  entry  of  judgment,  four 
dollars. 

In  all  cases  where  judgment  is  rendered  by  default  or  confession,  for  all 
services  from  the  filing  of  the  complaint  to  and  including  the  entry  of  judg- 
ment, three  dollars. 

■For  issuing  a  writ  of  attachment,  to  include  all  affidavits,  taking  and  ap- 
proving bond,  and  all  oaths  and  certificates  necessary  thereto,  three  dollars. 

For  all  services  and  proceedings  in  a  criminal  action  or  proceeding  whether 
on  examination  or  trial,  three  dollars;  provided,  that  if  the  defendant  plead 
guilty,  only  two  dollars  shall  be  allowed. 

For  taking  bail,  after  commitment  by  another  magistrate,  only  fifty  cents. 

For  making  transcript  of  docket,  making  up  and  transmitting  papers  on 
appeal,  including  the  certificate  to  the  same,  two  dollars. 

For  cojnes  of  docket  or  papers  in  his  office,  per  folio  twenty  cents. 

For  issuing  a  search-warrant,  to  be  paid  by  the  party  demanding  the  same, 
one  dollar. 

For  celebrating  a  marriage,  and  returning  the  certificate  to  the  recorder, 
three  dollars. 

For  docketing  a  judgment  or  any  instrument,  for  the  first  name  fifty  cents; 
for  each  additional  name  twenty-five  cents. 

For  taking  depositions,  per  folio,  twenty  cents. 

For  administering  an  oath,  twenty-five  cents,  and  certificate  to  same, 
twenty-five  cents;  for  each  certificate  twenty-five  cents. 

For   issuing   a   commission   to   take   testimony,   seventy-five   cents. 

For  all  services  connected  with  the  posting  of  estrays,  including  the 
transcript  for  the  recorder,  three  dollars. 

For  issuing  an  execution  and  entering  satisfaction  of  the  judgment,  fifty 
cents. 


251  COUNTY  GOVERNMENT.  Act  837,  §  198 

In  all  cases  before  justices  of  the  peace  where  the  venue  shall  be  changed, 
the  justice  before  whom  the  action  shall  be  brought,  for  all  services  ren- 
dered, including  the  making  up  and  transmission  of  the  manuscript  and 
papers,  shall  receive  three  dollars;  and  the  justice  before  ^hom  the  trial  shall 
I  ^  take  place,  shall  receive  the  same  fees  as  if  the  action  had  been  commenced 
before  him. 

14.  Each  constable  shall  receive  the  following  fees:  For  serving  all  sum- 
mons in  civil  cases,  for  each  defendant,  including  the  copy  required  by  law, 
one  dollar. 

For  summoning  a  jury  of  twelve  or  less  before  a  justice,  one  dollar  and 
fifty  cents;  for  each  additional  juror  above  twelve,  twenty-five  cents. 

For  taking  any  bond  required  by  law  to  be  taken,  fifty  cents. 

For  summoning  each  witness,  twenty-five  cents. 

For  serving  an  attachment  or  levying  an  execution  on  the  property  of  a 
defendant,  one  dollar  and  fifty  cents. 

For  summoning  and  swearing  a  jury  to  try  the  rights  of  property,  and 
making  a  verdict,  two  dollars. 

•For  receiving  and  taking  care  of  property  on  execution,  order  or  attach- 
ment, his  actual  necessary  expenses,  to  be  allowed  by  the  justice  who 
issued  the  order,  attachment  or  execution  upon  the  affidavit  of  the  con- 
stable that  the  charges  are  correct  and  that  the  expenses  were  necessarily 
incurred. 

For  collecting  all  sums  on  execution,  three  per  cent,  to  be  charged 
against  the  defendant  named  in  the  execution. 

For  serving  a  warrant  or  order  for  the  delivery  of  personal  property, 
or  making  an  arrest  in  a  civil  case,  one  dollar  and  fifty  cents. 

For  making  each  arrest  in  criminal  cases,  two  dollars. 

For  every  mile  necessarily  traveled,  in  going  only,  to  serve  any  civil 
or  criminal  process  or  paper,  or  to  take  a  prisoner  laefore  a  magistrate 
or  to  prison,  twenty-five  cents;  but  when  two  or  more  persons  are  served 
or  summoned  in  the  same  suit  and  at  the  same  time,  mileage  shall  be 
charged  only  for  the  most  distant,  if  they  live  in  the  same  direction. 

For  sales  of  estrays,  the  same  fees  as  for  sales  on  execution. 

For  the  transportation  of  prisoners  to  the  county  jail  the  actual  neces- 
sary expenses. 

For  attending  a  justice's  court  and  taking  charge  of  a  jury  and  prisoner 
when  required  two  dollars  for  each  day  of  actual  attendance  upon  the 
court. 

For  all  other  services  the  same  fees  as  are  allowed  sheriffs  for  like 
services. 

15.  Each  member  of  the  board  of  supervisors  four  hundred  dollars  per 
annum  and  twenty  cents  per  mile  for  traveling  from  his  residence  to  the 
county  seat,  also  his  actual  necessary  expenses  while  acting  as  ex  officio 
road  overseer  or  commissioner  not  to  exceed  three  hundred  dollars  in  any 
one  year.  [Amendment  approved  March  20,  1905.  Stats.  1905,  p.  544. 
In  effect  January  1,  1907.] 

§  198.  In  counties  of  the  forty-first  class  the  county  officers  shall 
receive,  as  compensation  for  the  services  required  of  them  by  law  or  by 
virtue  of  their  offices,  the  followii  g  salaries,  to  wit: 


Act  837,  §  198  GENERAL  LAWS.  252 

1.  The  county  clerk,  three  thousand  dollars  per  annum. 

2.  The  sheriff,  four  thousand  dollars  per  annum,  and  actual  traveling 
expenses  incurred  in  the  pursuit  or  arrest  of  criminals,  either  in  or  out 
of  his  county. 

3.  The  recorder,  one  thousand  five  hundred  dollars  per  annum. 

4.  The  auditor,  one  thousand  dollars  per  annum. 

5.  The  treasurer,  one  thousand  five  hundred  dollars  per  annum. 

6.  The  tax  collector,  one  thousand  dollars  per  annum,  -which  shall  be  in 
full  for  all  services  as  tax  collector  and  as  license  collector. 

7.  The  assessor,  two  thousand  five  hundred  dollars  per  annum. 

8.  The  district  attorney,  two  thousand  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

11.  The  superintendent  of  schools,  one  thousand  two  hundred  dollars 
per  annum,  and  actual  traveling  expenses  when  visiting  the  schools  of 
his  county. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

13.  In  counties  of  this  class  the  township  officers  shall  receive  the  fol- 
lowing compensation,  to  wit: 

In  townships  having  a  population  of  three  thousand  or  more,  justices 
of  the  peace  and  constables  shall  each  receive  a  monthly  salary  of  sixty 
dollars  per  month. 

In  townships  having  a  population  of  fifteen  hundred  and  less  than  three 
thousand,  the  justices  of  the  peace  and  constables  shall  each  receive  a 
monthly  salary  of  forty-five  dollars  per  month. 

In  townships  having  a  population  of  eight  hundred  and  less  than  fifteen 
hundred,  the  justices  of  the  peace  and  constables  shall  each  receive  a 
monthly  salary  of  thirty-five  dollars  per  month. 

In  townships  having  a  population  of  five  hundred  and  less  than  eight 
hundred,  the  justices  of  the  peace  and  constables  shall  each  receive  a 
monthly  salary  of  fifteen   dollars  per  month. 

In  townships  having  a  population  of  less  than  five  hundred,  the  justices 
of  the  peace  and  constables  shall  each  receive  a  monthly  salary  of  five 
dollars  per  month. 

The  above  named  salaries  shall  be  in  full  compensation  for  all  services 
of  said  justices  of  the  peace  and  constables  in  criminal  cases;  provided, 
that  in  addition  to  the  salary  herein  allowed,  each  constable  shall  be  paid 
out  of  the  treasurj^  of  the  county  for  traveling  expenses  outside  of  his 
township,  for  service  of  a  warrant  of  arrest  or  any  other  paper  in  a 
criminal  case,  such  fees  as  they  are  now  or  may  be  hereafter  allowed  by 
law,  for  transporting  prisoners  to  the  county  jail,  the  actual  expenses  of 
such  transportation;  and,  provided  further,  that  for  the  purpose  of  this 
act,  the  population  of  the  several  townships,  shall  be  ascertained  by  multi- 
plying the  number  of  registered  voters  at  the  last  general  election  by  five 
But  said  justices  of  the  peace  and  constables  may  retain  for  their  own 
use,  the  fees  allowed  by  law  in  civil  cases.  _ 

14.  Each  member  of  the  board  of  supervisors,  five  hundred  dollars  per 
annum,  and  his  necessary  expenses  when  attending  to  the  business  of  the 


253  COUNTY  GOVERNMENT.  Act  837,  §  199 

county  other  than  the  meetings  of  the  board,  and  twenty  cents  per  mile 
in  going  from  his  residence  to  the  county  seat  at  each  meeting  of  the 
board;  and  when  serving  as  road  commissioner,  three  dollars  per  day,  and 
twenty  cents  per  mile  one  way  for  all  actual  distances  traveled  by  him  in 
the  performance  of  his  duties  as  such  commissioner. 

Subdivision  thirteen  of  this  section  shall  take  effect  immediately. 
[Amendment  approved  March  20,  1905.  Stats.  1905,  p.  441.  In  effect  in 
part  immediately,  and  in  part  in  sixty  days.] 

§  199.  In  counties  of  the  forty-second  class  the  county  officers  shall 
receive,  as  compensation  for  the  services  required  of  them  by  law  or  by 
virtue  of  their  offices,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  two  thousand  four  hundred  dollars  per  annum. 

2.  The  sheriff,  four  thousand  dollars  per  annum,  and  the  fees  or  com- 
missions for  the  service  of  all  papers  issued  by  any  court  of  the  state 
outside  of  his  county.  Also  his  actual  traveling  expenses  in  the  execu- 
tion of  a  warrant  outside  of  Ms  county  issued  by  a  magistrate  or  court 
of  his   county. 

3.  The  recorder,  eighteen  hundred   dollars  per  annum. 

4.  The  auditor,   one  thousand  eight  hundred  dollars  per  annum. 

5.  The  treasurer,  one  thousand  six  hundred  dollars  per  annum. 

6.  The  tax  collector,  one  thousand  two  hundred  dollars  per  annum. 
.     7.  The  assessor,  three  thousand  dollars  per  annum. 

8.  The  district  attorney,  two  thousand  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

11.  The  superintendent  of  schools,  one  thousand  six  hundred  dollars 
per  annum,  and  actual  traveling  expenses  when  visiting  the  schools  of  his 
county. 

12.  The  surveyor,  fifteen  hundred  dollars  per  annum,  which  shall  be  in 
full  for  all  services  required  of  him  by  the  superior  court  or  the  board 
of  supervisors,  and  as  ex  officio  county  recorder;  provided,  that  he  shall 
be  entitled  to  receive  from  the  county  his  actual  and  necessary  traveling 
expenses,  incurred  in  the  performance  of  any  order  of  the  court  or  board 
of  supervisors;  for  all  other  services  the  fees  allowed  by  law. 

13.  .Justices  of  the  peace  shall  receive  the  following  monthly  salaries,  to 
be  paid  each  month,  and  in  the  same  manner  and  out  of  the  same  fund 
as  county  officers  are  paid,  which  shall  be  in  full  for  all  services  rendered 
by  them  in  criminal  cases:  In  townships  having  a  population  of  more  than 
nine  hundred,  seventy-five  dollars  per  month;  in  townships  having  a 
population  of  less  than  nine  hundred  and  more  than  five  hundred,  fifty 
dollars  per  month;  in  townships  having  a  population  of  less  than  five  hun- 
dred, thirty  dollars  per  month.  In  addition  to  the  compensation  received 
in  criminal  cases  each  justice  of  the  peace  shall  receive  and  retain  for  his 
own  use  such  fees  as  are  now  or  may  hereafter  be  allowed  by  law  for  all 
services  performed  by  him  in  civil  actions. 

14.  Constables  shall  receive  the  following  monthly  salaries,  to  be  paid 
each  month,  and  in  the  same  manner  and  out  of  the  same  fund  as  county 
officers  are  paid,  which  shall  be  in  full  for  all  services  rendered  by  them 


Act  837,  §  200  GENERAL  LAWS.  254 

in  criminal  cases:  In  townships  having  a  population  of  more  than  nine 
hundred,  seventy-five  dollars  per  month;  in  townships  having  a  popula- 
tion of  less  than  nine  hundred  and  more  than  five  hundred,  fifty  dollars 
per  month;  in  townships  having  a  population  of  less  than  five  hundred, 
thirty  dollars  per  month;  provided,  that  each  constable  shall  receive  his 
actual  and  necessary  expenses  incurred  in  conveying  prisoners  to  the 
county  jail.  In  addition  to  the  compensation  received  in  criminal  cases 
each  constable  shall  receive  and  retain  for  his  own  use  such  fees  as  are 
now  or  may  hereafter  be  allowed  by  law  for  all  services  performed  by  him 
in  civil  actions. 

15.  Each  supervisor,  one  hundred  dollars  per  month,  and  mileage  at  the 
rate  of  twenty  cents  per  mile  for  traveling  from  residence  to  county  se:il! 
to  attend  upon  a  session  of  the  board.  The  salary  herein  allowed  shall 
be  in  full  for  all  services,  including  duties  as  road  eommis?ioner. 

16.  Tlie  official  reporter,  such  fees  as  are  now  provided  by  law. 

17.  This  act,  and  the  amendments  contained  in  the  foregoing  section 
relating  to  counties  of  the  forty-second  class,  shall  take  effect  immediately 
as  to  the  compensation  of  justices  of  the  peace,  constables,  and  super- 
visors. [Amendment  approved  March  23,  1901.  Stats.  1901,  p.  779.  In 
effect  partly  immediately  and  partly  12  M.  on  the  first  Monday  after 
January  1,  1903.] 

§  200.  In  counties  of  the  forty-third  class,  the  county  officers  shall 
receive,  as  compensation  for  the  services  required  of  them  by  law  or  by 
virtue  of  their  office,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  one  thousand  eight  hundreil  dollars  per  annum. 

2.  The  sheriff,  three  thousand  five  hundred  dollars  per  annum.  The 
sheriff  shall  also  receive  for  his  own  use  and  benefit  all  fees,  commissions 
and  mileage,  in  all  civil  cases  within  his  county,  and  all  fees,  commissions 
and  mileage  for  service  of  any  papers  issued  by  any  court  outside  of  hia 
county. 

3.  The  recorder,  twelve  hundred  dollars  per  annum. 

4.  The  auditor,  six  hundred  dollars  per  annum. 

5.  The   treasurer,  one   thousand  two   hundred   dollars  per  annum. 

6.  The  tax  collector,  seven  hundred  dollars  per  annum. 

7.  The  assessor,   twenty-four   hundred   dollars  per   annum. 

8.  The  district  attorney,  one  thousand  five  hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be  allowed  by 
law. 

10.  The  public  administrator,  such  fees  as  now  or  may  hereafter  be 
allowed  by  law. 

11.  The'superintendent  of  schools,  one  thousand  six  hundred  dollars  per 
annum. 

12.  The  surveyor,  such  fees  as  are  now  or  may  hereafter  be  allowed  by 
law. 

13.  Justices  of  the  peace  shall  receive  the  following  monthly  salaries, 
to  be  paid  each  month,  and  in  the  same  manner  and  out  of  the  same  fund 
as  county  officers  are  paid,  which  shall  ho  in  full  for  all  services  rendered 
by  them  in  criminal  cases:  In  townships  having  a  population  of  more  than 
twenty -five  hundred,  seventy  dollars  per  month;   in  townships  having  a 


255  COUNTY  GOVKliM.MENT.  Act  837,  §  201 

population  of  less  than  twenty-five  hundred  and  more  than  one  thousand, 
twenty  dollars  per  month;  in  townships  having^  a.  population  of  less  than 
one  thousand  and  more  than  six  hundred,  fifteen  dollars  per  month;  in 
townships  having  a  population  of  less  than  six  hundred,  ten  dollars  per 
month.  In  addition  to  the  compensation  received  in  criminal  cases,  each 
justice  of  the  peace  shall  receive  and  retain  for  his  own  use  such  fees  as 
are  now  or  may  hereafter  be  allowed  by  law  for  all  services  performed  by 
him  in  civil  actions. 

14.  Constables  shall  receive  the  following  monthly  salaries  to  be  paid 
each  mouth,  and  in  the  same  manner  and  out  of  the  same  fund  as  county 
officers  are  paid,  which  shall  be  in  full  for  all  services  rendered  by  them 
in  criminal  cases:  In  townships  having  a  population  of  more  than  twenty- 
five  hundred,  thirty-five  dollars  per  month;  in  townships  having  a  popula- 
tion of  less  than  twenty-five  hundred  and  more  than  one  thousand,  fifteen 
dollars  per  month;  in  townships  having  a  population  of  less  ttian  one 
thousand,  ten  dollars  per  month;  provided,  that  each  constable  shall  re- 
ceive his  actual  and^ecessary  expenses  incurred  in  conveying  prisoners 
to  the  county  jail.  In  addition  to  the  compensation  received  in  criminal 
cases,  each  constable  shall  receive  and  retain  for  his  own  use  such  fees 
as  are  now  or  may  hereafter  be  allowed  by  law  for  all  services  performed 
by  him  in  civil  actions. 

15.  Each  supervisor,  six  hundred  dollars  per  annum,  and  twenty  cents' 
per  mile  for  traveling  from  his  residence  to  the  county  seat. 

16.  Each  member  of  the  county  board  of  education,  including  the  secre- 
tary, shall  receive  one  hundred  and  fifty  dollars  per  annum  as  compensa- 
tion for  his  services  on  the  board  of  education,  and  mileage  at  the  rate 
of  twenty  cents  per  mile,  one  way,  from  his  residence  to  the  place  of 
meeting  of  said  board.  Said  compensation  of  said  members  and  of  said 
secretary  shall  be  paid  monthly  in  the  same  manner  and  out  of  the  same 
fund  as  the  salaries  of  other  county  officers  are  paid.  Claims  for  such 
mileage  shall  be  presented  to  and  allowed  by  the  board  of  supervisors 
before  payment.  The  compensation  of  the  members  of  the  county  board 
of  education  herein  provided  is  not  in  addition  to  that  provided  in  section 
seventeen  hundred  and  seventy  of  the  Political  Code. 

17.  For  the  purposes  of  sub-divisions  thirteen  and  fourteen  of  this  sec- 
tion, the  population  of  the  several  judicial  townships  shall  bo  ascertained 
by  the  board  of  supervisors,  by  multiplying  by  five  the  vote  for  presiden- 
tial electors  cast  in  each  township  at  the  next  preceding  election.  [Amenr!- 
ment  approved  March  20,  1905.  Stats.  1905,  p.  3()B.  In  effect  in  sixty 
days.] 

§201.  In  counties  of  the  forty-fourth  class,  the  county  officers  shall 
receive,  as  compensation  for  the  services  required  by  them  by  law  or  by 
virtue  of  their  offices,  the  following  salnvies,  to  wit: 

1.  The  county  clerk,  eighteen  hundred  dollars  per  annum. 

2.  The  sheriff,  forty-two  hundred  dollars  per  annum,  and  such  mileage 
as  is  allowed  by  law,  and  the  fees,  mileage,  or  commissions  for  the  service 
of  all  papers  whatever  issued  by  any  court  outside  of  his  county,  and  all 
mileage  for  the  service  of  papers  in  civil  cases  in  his  own  county,  and 


Act  837,  §  202  GENERAL  LAWS.  256 

the  actual  expenses  incurred  in  criminal  cases,  and  fijfteen  cents  for  each 
meal  for  feeding  prisoners  confined  in  the  county  jail. 

3.  The  recorder,  one  thousand  five  hundred  dollars  per  annum;  provided, 
that  such  recorder  shall  collect  and  pay  into  the  county  treasury,  for  the 
use  and  benefit  of  the  county,  the  fees  required  by  law  to  be  so  collected; 
and  provided,  that  vfhen  the  amount  of  said  fees  collected  shall  amount 
to  more  than  one  hundred  and  twenty-five  dollars  in  any  month,  the  re- 
corder may  receive  and  retain  for  his  own  use,  in  addition  to  his  salary, 
all  fees  in  excess  of  one  hundred  and  twenty-five  dollars,  and  not  exceed- 
ing one  hundred  and  seventy-five  dollars,  in  any  month  so  collected;  so 
that  the  amount  of  fees  thus  received  by  the  recorder  for  his  own  use, 
plus  the  salary,  shall  not  exceed  the  sum  of  one  hundred  and  seventy-five 
dollars  in  any  one  month. 

4.  The  auditor,  fifteen  hundred  dollars  per  annum. 

5.  The  treasurer,  fifteen  hundred  dollars  per  annum. 

6.  The  tax  collector,  twelve  hundred  dollars  per  annum. 

7.  The   assessor,  twenty-five  hundred  dollars  per  annum. 

8.  The  district  attorney,   eighteen  hundred   dollars  per   annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

11.  The  superintendent  of  schools,  ten  hundred  dollars  per  annum. 

12.  The  surveyor,  ten  dollars  per  day  when  engaged  in  county  work. 
He  shall  also  receive  his  actual  expenses  when  at  work  in  the  field. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

15.  Each  member  of  the  board  of  supervisors,  six  hundred  dollars  per 
annum,  and  twenty-five  cents  per  mile  while  traveling  from  their  re- 
spective residence  to  the  county  seat,  not  more  than  once  each  month. 

16.  In  counties  of  this  class  the  official  reporter  of  the  superior  court 
shall  receive  such  fees  as  are  now  and  may  hereafter  be  allowed  by  law. 

17.  In  counties  of  this  class  the  board  of  supervisors  may  appoint  a 
horticultural  commissioner,  who  shall  have  expert  knowledge  of  the 
duties  pertaining  to  the  position,  who  shall  serve  at  the  pleasure  of  the 
board,  and  who  shall  be  paid  a  salary  of  not  to  exceed  seventy-five 
dollars  per  month.  [Amendment  approved  March  20,  1905.  Stats.  1905, 
p.  356.     In  effect  sixty  days.] 

§  202.  In  counties  of  the  forty-fifth  class  the  county  officers  shall  re- 
ceive, as  compensation  for  the  services  required  of  them  by  law  or  by 
virtue  of  their  office,  the  following  salaries,  to  wit: 

1.  The  county  clerk,   thirteen   hundred   dollars   per   annum. 

2.  The  sheriff,  twenty-four  hundred  dollars  per  annum,  and  the  fees 
or  commissions  for  the  service  of  all  papers  issued  by  any  court  of  the 
state  outside  of  his  county,  and  his  actual  and  necessary  traveling  ex- 
penses while  executing  a  warrant  outside  of  his  county  issued  by  a 
magistrate  or  court  within  his  county. 


257  COUNTY  GOVERNMENT.  Act  837,  §  203 

3.  The  recorder,  thirteen  hundred  dollars  per  annum. 

4.  The  auditor,  seven  hundred  dollars  per  annum. 

5.  The  treasurer,  one  thousand  dollars  per  annum, 

6.  The  tax  collector,  five  hundred  dollars  per  annum. 

7.  The  assessor,  fifteen  hundred  dollars  per  annum, 

8.  The  district  attorney,  one  thousand  dollars  per  annum, 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

10.  The  public  administTator,  such  fees  as  are  now  or  n.ay  be  here- 
after allowed  by  law. 

11.  The  superintendent  of  schools,  eight  hundred  dollars  per  annum, 
and  actual  and  necessary  traveling  expenses  when  visiting  schools  of 
his  county. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

15.  Each  member  of  the  board  of  supervisors,  four  dollars  a  day  when' 
the  board  is  in  session,  and  ten  cents  a  mile,  in  going  only,  for  traveling 
from  his  residence  to  the  county  seat,  and  when  serving  as  road  com- 
missioner three  dollars  per  day,  and  actual  and  necessary  expenses;  pro- 
vided, he  shall  not  in  any  one  year  receive  more  than  three  hundred 
dollars  as  supervisor,  exclusive  of  mileage,  nor  more  than  two  hundred 
dollars  as  road  commissioner,  exclusive  of  traveling  expenses. 

16.  Each  member  of  the  board  of  education  shall  receive  five  dollars 
per  day  as  compensation  for  his  services  when  in  actual  attendance 
upon  said  board,  and  mileage  at  the  rate  of  ten  cents  per  mile,  one  way 
only,  from  his  residence  to  the  place  of  meeting  of  said  board.  The 
secretary  of  said  board  of  education  shall  receive  five  dollars  per  day 
for  his  services  for  the  actual  time  that  the  board  may  be  in  session. 
Said  compensation  of  the  members  of  said  board  and  of  said  secretary 
shall  be  paid  out  of  the  same  fund  as  the  salary  of  the  superintendent 
of  schools.  Claims  of  such  service  and  mileage  shall  be  presented  to 
the  board  of  supervisors  and  shall  be  allowed  at  the  rate  above  named, 
and  in  the  same  manner  as  other  claims  against  the  county  are  allowed. 
The  compensation  of  the  members  of  the  county  board  of  education 
herein  provided  is  not  in  addition  to  that  provided  in  section  seventeen 
hundred  and  seventy  of  the  Political  Code.  [Amendment  approved 
March  23,  1901.  Stats.  1901,  p.  782.  In  effect  12  M.  on  first  Monday 
after  January  1,  1903.] 

§  203.  In  counties  of  the  forty-sixth  class  the  county  officers  shall 
receive,  as  compensation  for  the  services  required  of  them  by  law  or 
by  virtue  of  their  offices,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  fifteen  hundred  dollars  per  annum. 
Gen.  Laws — 17 


Act  837,  §  204  GENERAL  LAWS.  258 

2.  The  sheriff,  thirty-five  hundred  dollars  per  annum,  and  actual  trav- 
eling expenses  incurred  in  the  pursuit  or  arrest  of  criminals,  either  in  or 
out  of  his  county. 

3.  The  recorder,  one  thousand  dollars  per  annum. 

4.  The  auditor,  five  hundred  dollars  per  annum. 

5.  The  treasurer,  one  thousand  dollars  per  annum. 

6.  The  tax  collector,  five  hundred  dollars  per  annum,  which  shall  bo 
in  full  for  all  services  as  tax  collector  and  as  license  collector. 

7.  The  assessor,  eighteen  hundred  dollars  per  annum. 

8.  The  district  attorney,  fifteen  hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

11.  The  superintendent  of  schools,  twelve  hundred  dollars  per  annum, 
and  actual  traveling  expenses  when  visiting  the  schools  of  his  county. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

13.  Justices  of  the  peace,  the  fees  which  are  now  or  hereafter  may 
be  allowed  by  law;  provided,  that  where  the  trial  of  any  case  shall 
occupy  more  than  one  day,  and  not  less  than  three  hours  of  such  day, 
the  justice  shall  also  be  allowed  three  dollars  for  each  additional  day 
consumed  in  such  trial. 

14.  Constables,  the  fees  which  now  are  or  hereafter  may  be  allowed 
by  law;  provided,  that  the  constable  shall  also  be  allowed  at  the  rate 
of  two  dollars  and  fifty  cents  per  day  for  each  day  of  actual  attend- 
ance on  the  trial  of  cases  in  the  justice's  court,  where  such  attendance 
is  pursuant  to  the  order  of  the  justice  thereof. 

15.  Each  member  of  the  board  of  supervisors,  five  dollars  per  day 
when  the  board  is  in  session,  and  twenty  cents  per  mile  for  travelingf 
from  his  residence  to  the  county  seat;  and  when  serving  as  road  com- 
missioner three  dollars  per  day  and  mileage  at  the  rate  of  twenty  cents 
per  mile  one  way  for  all  actual  distances  traveled  by  him  in  the  per- 
formance of  his  duties  as  such  road  commissioner.  But  he  shall  not  in 
any  one  year  receive  more  than  three  hundred  and  fifty  dollars  as  super- 
visor or  more  than  two  hundred  and  fifty  dollars  as  road  commissioner, 
exclusive  of  mileage.  When  traveling  by  order  of  the  board  upon 
county  business,  each  supervisor  shall  be  allowed  his  actual  itemized 
expenses.  [Amendment  approved  March  20,  1905.  Stats.  1905,  p.  552. 
In  effect  in  sixty  days.] 

§  204.  In  counties  of  the  forty-seventh  class  the  county  officers  shall 
receive,  as  compensation  for  the  services  required  of  them  by  law  or 
by  virtue  of  tlieir  offices,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  twenty-seven  hundred  dollars  per  annum. 

2.  The  sheriff,  three  thousand  dollars  per  annum,  and  the  fees  or 
commissions  for  the  service  of  all  papers  issued  by  any  court  of  the 
state   outside    of    his    county;    also,   his   actual    and    necessary   traveling 


259  COUNTY  GOVERNMENT.  Act  837,  §  204 

expenses  in  the  execution  of  a  warrant  outside  of  his  county  issued  by  a 
court  or  magistrate  of  his  county. 

3.  The  recorder,  fifteen  hundred  dollars  per  annum. 

4.  The  auditor,  twelve  hundred  dollars  per  annum. 

5.  The  treasurer,  twelve  hundred  dollars  per  annum. 

6.  The  tax  collector,  one  thousand  dollars  per  annum. 

7.  The  assessor,  twenty-five  hundred  dollars  per  annum. 

8.  The  district  attorney,  sixteen  hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

11.  The  superintendent  of  schools,  sixteen  hundred  dollars  per  annum, 
and  traveling  expenses  while  visiting  schools  of  his  county. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

13.  Justices  of  the  peace  shall  receive  the  following  monthly  salaries, 
to  be  paid  each  month,  and  in  the  same  manner  and  out  of  the  same 
fund  as  county  officers  are  paid,  which  shall  be  in  full  for  all  services 
rendered  by  them  in  criminal  cases:  In  townships  having  a  population 
of  more  than  nine  hundred,  seventy-five  dollars  per  month;  in  townships 
having  a  population  of  less  than  nine  hundred  and  more  than  five  hun- 
dred, fifty  dollars  per  month;  in  townships  having  a  population  of  less 
than  five  hundred,  twenty  dollars  per  month.  In  addition  to  the  com- 
pensation received  in  criminal  eases,  each  justice  of  the  peace  shall 
receive  and  retain  for  his  own  use  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law  for  all  services  performed  by  him  in  civil  actions. 

14.  Constables  shall  receive  the  following  monthly  salaries,  to  be  paid 
each  month,  and  in  the  same  manner  and  out  of  the  same  fund  as 
county  officers  are  paid,  which  shall  be  in  full  for  all  services  rendered 
by  them  in  criminal  cases:  In  townships  having  a  population  of  more 
than  nine  hundred,  seventy-five  dollars  per  month;  in  townships  having 
a  population  of  less  than  nine  hundred  and  more  than  five  hundred,  fifty 
dollars  per  month;  in  townships  having  a  population  of  less  than  five 
hundred,  twenty  dollars  per  month;  provided,  that  each  constable  shall 
receive  his  actual  and  necessary  expenses  incurred  in  conveying  prison- 
ers to  the  county  jail.  In  addition  to  the  compensation  received  in 
criminal  cases,  each  constable  shall  receive  and  retain  for  his  own  use 
such  fees  as  are  now  or  may  hereafter  be  allowed  by  law  for  all  ser- 
vices performed  by  him  in  civil  actions. 

15.  Each  supervisor,  five  dollars  per  day  while  attending  sessions  of 
the  board  and  while  engaged  in  the  performance  of  the  duties  of  road 
commissioner,  and  mileage  at  the  rate  of  twenty  cents  per  mile  for 
traveling  from  residence  to  county  seat  in  attendance  upon  a  regular 
session  of  the  board. 

16.  Official  reporters,  same  as  now  provided  by  law. 

This  act,  so  far  as  it  relates  to  counties  of  the  forty-seventh  class, 
shall  take  effect  immediately  as  to  the  offices  of  justices  of  the  peace 


Act  837,  §  205  GENERAL  LAWS,  260 

and  constables,  but  shall  not  affect  tlie  compensation  of  other  officers 
during  the  present  term  of  office.  [Amendment  apjjroved  March  23, 
1901.  Stats.  1901,  p.  784.  In  effect  partly  immediately  and  partly  12  M. 
on  first  Monday  after  January  1,  1903.] 

§205.  The  county  officers  shall  receive  as  compensation  for  the  ser- 
vices required  of  them  by  law  or  by  virtue  of  their  office,  the  follow- 
ing salaries,  to  wit: 

1.  The  county  clerk,  one  thousand  five  hundred  dollars  per  annum. 

2.  The  sheriff,  twenty-five  hundred  dollars  per  annum. 

3.  The  recorder,  one  thousand  dollars  per  annum;  provided,  that  in 
counties  of  this  class  there  shall  be  and  is  hereby  allowed  to  the  recorder 
a  <•  1  vist,  who  shall  be  appointed  by  the  recorder,  and  paid  the  salary 
oi  iiiiy  dollars  per  month;  said  salary  to  be  paid  by  said  county  in 
monthly  installments,  at  the  time  and  in  the  same  manner,  and  out  of 
the  same  fund  as  the  salary  of  the  recorder  is  paid.  This  section  shall 
take  effect  immediately  in  so  far  as  it  relates  to  the  salary  of  said 
copyist. 

4.  The  auditor,  six  hundred  dollars  per  annum. 

5.  The  treasurer,  one  thousand  dollars  per  annum. 

6.  The  tax  collector,  one  thousand  dollars  per  annum,  and  ten  per 
cent  on  all  licenses  collected  by  him  as  license  collector. 

7.  The  assessor,  one  thousand  five  hundred  dollars  per  annum;  pro- 
vided, that  in  counties  of  this  class  there  shall  be  and  is  hereby  allowed 
to  the  assessor  one  deputy,  to  be  appointed  by  him,  who  shall  receive 
the  salary  of  seventy-five  dollars  per  month  for  not  exceeding  four 
months  in  any  calendar  year,  said  salary  to  be  paid  by  said  county  in 
monthly  installments,  at  the  same  time  and  in  the  same  manner,  and 
out  of  the  same  fund  as  the  salary  of  the  assessor  is  paid.  This  sec- 
tion shall  take  effect  immediately  in  so  far  as  it  relates  to  the  salary 
of  said  deputy. 

8.  The  district  attorney,  one  thousand  two  hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be  allowed  by 
law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  hereafter 
be  allowed  by  law. 

11.  The  superintendent  of  schools,  fifteen  hundred  dollars  per  annum, 
and  actual  traveling  expenses  when  visiting  the  schools  of  this  county. 

12.  The  surveyor,  such  fees  as  are  now  or  may  hereafter  be  allowed 
by  law. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may  hereafter  be  allowed  by 
law. 

15.  Each  supervisor,  six  dollars  per  day  when  the  board  is  in  a  ses- 
sion, not  to  exceed  three  hundred  dollars  per  year,  exclusive  of  mileage, 
and  twenty-five  cents  per  mile  for  traveling  one  way  only  from  his 
residence  to  the  county  seat  at  each  sitting  of  the  board;  and  his  neces- 
sary expenses  while  supervising  the   roads  of  his  district,  or  attending 


261  COUNTY  GOVERNMENT.  Act  837,  §  206 

to  the  business  of  the  county,  other  than  the  meetings  of  the  board,  not 
to  exceed  the  sum  of  four  hundred  and  sixty  dollars  per  annum.  This 
section  shall  take  effect  immediately  in  so  far  as  it  relates  to  the  neees- 
sar}'  expenses  of  supervisors  while  supervising  their  roads,  or  while 
engaged  in  attending  to  the  business  of  the  county  other  than  the 
meetings  of  the  board. 

16.  In  counties  of  this  class,  the  official  reporter  of  the  superior  court 
shall  receive,  as  full  compensation  for  taking  notes  in  civil  and  crim- 
inal cases  tried  in  said  court,  and  for  preliminary  examinations  in  jus- 
tices' courts,  and  at  coroner's  inquests,  a  per  diem  of  ten  dollars,  and 
for  transcription  of  said  notes  when  required  during  the  progress  of  a 
trial,  he  shall  receive  the  sum  of  twenty-five  cents  per  folio  for  the 
original  and  five  cents  per  folio  for  one  copy;  but  if  such  transcription 
is  not  required  until  after  the  conclusion  of  trial,  then  he  shall  receive 
the  sum  of  ten  cents  per  folio  for  original,  and  five  cents  per  folio  for 
copies  required;  said  compensation  for  transcription  in  criminal  cases 
to  be  audited  and  allowed  by  the  board  of  supervisors  as  other  claims 
against  the  county,  and  paid  out  of  the  county  treasury;  and  in  civil 
cases,  to  be  paid  by  the  party  ordering  the  same,  or  when  ordered  by 
the  judge,  by  either  party,  or  jointly  by  both  parties,  as  the  court  may 
direct.  He  shall  also  be  allowed  his  actual  traveling  expenses  when 
reporting  outside  the  county  seat.  [Amendment  approved  March  20, 
1905.  Stats.  1905,  p.  333.  In  effect  in  part  immediately  and  in  part 
in  sixty  days.] 

§  206.  In  counties  of  the  forty-ninth  class,  the  county  officers  shall 
receive  as  compensation  for  their  services  required  of  them  by  law,  or 
by  virtue  of  their  offices,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  twelve  hundred  dollars  per  annum,  except  in  the 
years  where  a  general  election  is  held,  and  in  such  years  he  shall  re- 
ceive fifteen  hundred  dollars  per  annum. 

2.  The  sheriff",  thirty-eight  hundred  dollars  per  annum. 

3.  The  recorder,  twelve  hundred  dollars  per  annum,  provided  that 
such  recorder  ghall  collect  and  pay  into  the  county  treasury  for  the  use 
and  benefit  of  the  county,  the  fees  required  by  law  to  be  so  collected; 
and,  provided,  that  when  the  amount  of  said  fees  collected  shall  exceed 
one  hundred  dollars  in  any  month,  the  recorder  may  receive  and  retain 
for  his  own  use,  in  addition  to  his  salary,  one  half  of  all  fees  in  excess 
of  one  hundred  dollars  in  any  month,  so  collected;  and,  provided,  that 
the  recorder  may  retain  for  his  own  use,  all  fees  collected  for  filing  or 
recording  proofs  of  labor  or  notices  of  location  of  mining  claims. 

4.  The  auditor  six  hundred  dollars  per  annum. 

5.  The  treasurer,  twelve  hundred  dollars  per  annum. 

6.  The  tax  collector,  one  thousand  dollars  per  annum  and  ten  per 
cent  on  all  licenses  collected  by  him. 

7.  The  assessor,  one  thousand  six  hundred  and  fifty  dollars  per  annum. 

8.  The  district  attorney,  one  thousand  four  hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 


Act  837,  §  207  GENERAL  LAW3.  262 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

11.  The  superintendent  of  schools,  six  hundred  dollars  per  annum  and 
actual  traveling  expenses  while  visiting  the  schools  of  the  county. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

15.  Each  member  of  the  board  of  supervisors  five  dollars  per  day 
for  each  day's  actual  service  while  the  board  is  in  session  and  ten 
cents  per  mile  for  each  mile  necessarily  traveled  to  and  from  the  place 
of  meeting;  also  three  dollars  per  day  for  each  day's  service  while 
serving  as  road  commissioner.  Such  compensation,  as  road  commissioner, 
not  to  exceed  three  hundred  dollars  per  annum. 

16.  Grand  jurors  and  jurors  in  the  superior  court  in  criminal  cases 
shall  be  paid  three  dollars  per  day  for  each  day's  attendance  and  for 
each  mile  actually  traveled  in  going  only,  while  acting  as  such  juror, 
fifteen  cents;  and  the  judge  of  said  court  shall  make  an  order  directing 
the  auditor  to  draw  his  warrant  or  the  treasurer  in  favor  of  such  juror 
for  said  per  diem  and  mileage,  and  the  treasurer  shall  pay  the  same. 

The  provisions  of  section  two  hundred  and  six  of  this  act,  so  far  as 
the  same  relates  to  fees  of  jurors,  shall  take  effect  on  August  1,  1901. 

This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 
[Amendment  approved  March  20,  1905.  Stats.  1905,  p.  373.  In  effect 
partly  at  once,  and  in  part  August  1,  1901.] 

§  207.  In  counties  of  the  fiftieth  class,  the  county  officers  shall  re- 
ceive as  compensation  for  the  services  required  of  them  by  law  or  by 
virtue  of  their  office,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  two  thousand  dollars  per  annum,  except  in  the 
years  when  a  general  election  is  held,  and  in  such  years,  he  shall  re- 
ceive two  thousand  three  hundred  dollars  per  annum. 

2.  The  sheriff  four  thousand  dolls rs  per  annum. 

3.  The  recorder  one  thousand  eight  hundred  dollars  per  annum. 

4.  The  auditor  four  hundred   dollars  per  annum. 

5.  The  treasurer,  one  thousand  six  hundred  dollars  per  annum. 

6.  The  tax  collector  seven  hundred  fifty  dollars  per  annum. 

7.  The  assessor  one  thousand  eight  hundred  dollars  per  annum. 

8.  The  district  attorney  one  thousand  five  hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be  allowed  by 
law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  hereafter 
be  allowed  by  law. 

11.  The  superintendent  of  schools  eight  hundred  dollars  per  annum, 
and  actual  traveling  expenses  when  visiting  the   schools  of  the   county. 

12.  The  surveyor  such  fees  as  are  now  or  may  hereafter  be  allowed  by 
law. 


2G3  COUNTY  GOVERNMENT.  Act  837,  §  208 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may  hereafter  be 

allowed  by  law. 

14.  Constables  such  fees  as  are  now  or  may  hereafter  be  allowed  by 
law. 

15.  Each  supervisor  eight  dollars  per  day  while  the  board  is  in  session, 
and  mileage  from  residence  to  the  county  seat  at  each  sitting  of  the 
board  of  twent}^  cents  per  mile;  also  twenty  cents  per  mile  for  each 
mile  actually  and  necessarily  traveled  in  discharging  the  duties  of  road 
commissioner,  but  he  shall  not  in  any  one  year  receive  more  than  three 
hundred  dollars  for  per  diem  as  supervisor,  and  he  shall  not  in  any  one 
year  receive  more  than  three  hundred  dollars  as  road  commissioner. 

16.  The  license  collector  ten  per  cent  of  all  licenses  collected  by  him. 
This  act  so  far  as  it  relates  to  counties  of  this  class,  shall  not  affect 

the  compensation  of  officers  during  the  present  [term]  of  office,  except 
as  herein  otherwise  specially  provided.  [Amendment  approved  March 
20,  1905.     Stats.  1905,  p.  325.     In  effect  in  sixty  days.] 

§  208.  In  counties  of  the  fifty-first  class  the  county  officers  shall  re- 
ceive, as  compensation  for  the  services  required  of  them  by  law  or  by 
virtue  of  their  office,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  one  thousand  five  hundred  dollars  per  annum. 

2.  The  sheriff,  three  thousand  dollars  per  annum. 

3.  The  recorder,  one  thousand  dollars  per  annum;  provided,  that  in 
counties  of  this  class  there  shall  be  and  is  hereby  allowed  to  the  re- 
corder a  copyist,  who  shall  be  appointed  by  the  recorder,  and  paid  the 
salary  of  fifty  dollars  per  month;  said  salary  to  be  paid  by  said  county 
in  monthly  installments,  at  the  time  and  in  the  same  manner,  and  out 
of  the  same  fund  as  the  salary  of  the  recorder  is  paid.  This  section 
shall  take  effect  immediately  in  so  far  as  it  relates  to  the  salary  of  said 
copyist. 

4.  The  auditor,  five  hundred  dollars  per  annum. 

5.  The  treasurer,  one  thousand  dollars  per  annum. 

6.  The  tax  collector,  five  hundred  dollars  per  annum,  and  ten  per  cent 
on  all  licenses   collected  by  him  a%  license  collector. 

7.  The  assessor,  one  thousand  five  hundred  dollars  per  annum;  pro- 
vided, that  in  counties  of  this  class  there  shall  be  and  is  hereby  allowed 
to  the  assessor  one  deputy,  to  be  appointed  by  him,  who  shall  receive 
the  salary  of  seventy-five  dollars  per  month  for  not  exceeding  four 
months  in  any  calendar  year,  said  salary  to  be  paid  by  said  county  in 
monthly  installments,  at  the  same  time  and  in  the  same  manner,  and 
out  of  the  same  fund  as  the  salary  of  the  assessor  is  paid.  This  section 
shall  take  effect  immediately  in  so  far  as  it  relates  to  the  salary  of  said 
deputy. 

8.  The  district  attorney,  one  thousand  two  hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be  allowed  by 
law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  hereafter 
be  allowed  by  law. 


Act  837,  §  209  GENERAL  LAWS.  264 

11.  The  superintendent  of  schools,  fifteen  hundred  dollars  ($1500)  per 
annum,  and  actual  traveling  expenses  when  visiting  the  schools  of  this 
county. 

12.  The  surveyor,  such  fees  as  are  now  or  may  hereafter  be  allowed  by 
law. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may  hereafter  be  allowed  by 
law,. 

15.  Each  supervisor,  six  dollars  per  day  when  the  board  is  in  a  ses- 
sion, not  to  exceed  three  hundred  dollars  per  year,  exclusive  of  mileage, 
and  twenty-five  cents  per  mile  for  traveling  one  way  only  from  his  resi- 
dence to  the  county  seat  at  each  sitting  of  the  board;  and  his  necessary 
expenses  while  supervising  the  roads  of  his  district,  or  attending  to  the 
business  of  the  county,  other  than  the  meetings  of  the  board,  not  to 
exceed  the  sum  of  four  hundred  and  sixty  dollars  per  annum.  This 
section  shall  take  effect  immediately  in  so  far  as  it  relates  to  the  neces- 
sary expenses  of  supervisors  while  supervising  their  roads,  or  while  en- 
gaged in  attending  to  the  business  of  the  county  other  than  the  meetings 
of  the  board. 

16.  In  counties  of  this  class,  the  official  reporter  of  the  superior  court 
shall  receive,  as  full  compensation  for  taking  notes  in  civil  and  crim- 
inal cases  tried  in  said  court,  and  for  preliminary  examinations  in  jus- 
tices courts,  and  at  coroners  inquests,  a  per  diem  of  ten  dollars,  and 
for  transcription  of  said  notes  when  required  during  the  progress  of  a 
trial,  he  shall  receive  the  sum  of  twenty-five  cents  per  folio  for  the 
original  and  five  cents  per  folio  for  one  copy;  but  if  such  transcription 
is  not  required  until  after  conclusion  of  trial,  then  he  shall  receive 
the  sum  of  ten  cents  per  folio  for  original,  and  five  cents  per  folio  for 
copies  required;  said  compensation  for  transcription  in  criminal  cases 
to  be  audited  and  allowed  by  the  board  of  supervisors  as  other  claims 
against  the  county,  and  paid  out  of  the  county  treasury;  and  in  civil 
cases  to  be  paid  by  the  party  ordering  the  same,  or  when  ordered  by 
the  judge,  by  either  party,  or  jointly  by  both  parties,  as  the  court  may 
direct.  He  shall  also  be  allowed  his  actual  traveling  expenses  when 
reporting  outside  the  county  seat.  [Amendment  approved  March  20, 
1905.  Stats.  1905,  p.  320.  In  effect  in  part  immediately  and  in  part, 
in  sixtv  days  1 

§20d.  In  counties  of  the  fifty-second  class  the  county  officers  shall 
recei?3^  as  compensation  for  the  services  required  of  them  by  law  or  by 
virtue  of  their  office,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  fifteen  hundred  dollars  per  annum. 

2.  The  sheriff,  three  thousand  dollars  per  annum. 

3.  The  recorder,  eight  hundred  dollars  per  annum. 

4.  The  auditor,  six  hundred  dollars  per  annum. 

5.  The  treasurer,  one  thousand  dollars  per  annum. 

6.  The  tax  collc<!or,  one  thousand  dollars  per  annum. 

7.  The  assessor,   fifteen  hundred  dollars  per  annum. 


265  COUNTY  GOVERNMENT,  Act  837,  §  210 

8.  The  district  attorney,  one   thousand  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

11.  The   superintendent   of  schools,   seven  hundred  dollars  per   annum. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

15.  Each  member  of  the  board  of  supervisors,  two  hundred  and  fifty 
dollars  per  annum;  mileage  from  residence  to  county  seat  at  each  sit- 
ting of  the  board,  twenty  cents  per  mile.  [Amendment  approved  March 
23,  1901.  Stats.  1901,  p.  790.  In  effect  12  M.  on  first  Monday  after 
January  1,  1903.] 

§210.  In  counties  of  the  fifty-third  class  the  county  officers  shall  re- 
ceive, as  compensation  for  the  services  required  by  them  by  law  or  by 
virtue  of  their  offices,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  sixteen  hundred  dollars  per  annum. 

2.  The  sheriff,  five  thousand  per  annum  and  mileage  for  service  of 
any  and  all  processes  required  by  law  to  be  served  by  him,  at  the  rate 
of  ten  cents  per  mile  for  every  mile  necessarily  traveled  in  the  per- 
formance of  such  duty,  and  for  service  of  all  processes  issued  from  all 
courts  outside  of  his  county. 

3.  The  recorder,  eight  hundred  dollars  per  annum. 

4.  The  auditor,  two  hundred  dollars  per  annum. 

5.  The  treasurer,  one  thousand  dollars  per  annum. 

6.  The  tax  collector,  one  thousand  dollars  per  annum. 

7.  The  assessor,  fifteen  hundred   dollars  per  annum. 

8.  The    district   attorney,   nine   hundred   dollars  per   annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

11.  The  superintendent  of  schools,  four  hundred  dollars  per  annum. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

13.  Justices  of  the  peace  shall  receive  the  following  monthly  salaries, 
to  be  paid  each  month  as  salaries  of  county  officers  are  paid,  which 
shall  be  in  full  compensation  for  all  services  rendered,  as  hereinafter 
provided.  In  townships  having  a  population  of  three  thousand  or  more, 
eighty-five  dollars  per  month,  which  said  salary  shall  be  in  full  com- 
pensation for  all  services  rendered  by  said  justices  of  the  peace  in  both 
civil  and  criminal  cases,  and  all  such  fees  as  are  allowed  by  law  in 
civil  cases  shall  be  paid  by  said  justices  of  the  peace  into  the  county 
treasury,  as  the  fees  of  county  officers  are  paid  in.     In  townships  hav- 


Act  837,  §  211  GENERAL  LAWS.  266 

ing  a  population  of  not  less  than  two  thousand  and  under  three  thou- 
sand, thirty  dollars  per  month,  which  shall  be  in  full  compensation  for 
all  services  rendered  in  criminal  cases.  In  addition  to  the  above  salary, 
each  justice  of  the  peace  shall  collect  and  retain  for  his  own  use  and 
benefit  in  civil  cases,  such  fees  as  are  now  or  may  be  hereafter  allowed 
by  law.  In  townships  having  a  population  of  not  less  than  one  tliou- 
sand  and  under  two  thousand,  twenty  dollars  per  month,  which  shall 
be  in  full  compensation  for  all  services  rendered  in  criminal  cases.  In 
addition  to  the  above  salary,  each  justice  of  the  peace  shall  collect  and 
retain  for  his  own  use  and  iDenefit  in  civil  cases,  such  fees  as  are  now 
or  may  be  hereafter  allowed  by  law.  In  townships  having  a  population 
of  less  than  one  thousand,  fifteen  dollars  per  month,  which  shall  be  in 
full  compensation  for  all  services  rendered  in  criminal  cases.  In  addi- 
tion to  the  above  salary  each  justice  of  the  peace  shall  collect  and 
retain  for  his  own  use  and  benefit  in  civil  cases,  such  fees  as  are  or 
may  be  hereafter  allowed  by  law.  The  board  of  supervisors  shall  deter- 
mine the  population  of  each  township  for  the  purpose  of  fixing  the  salary 
of  the  township  officers,  aforesaid. 

14.  Constables,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law, 

15.  Each  member  of  the  board  of  supervisors,  six  dollars  per  day 
when  board  is  in  session;  thirty  cents  per  mile,  one  way.  Three  dollar's 
per  day  when  actually  serving  as  road  commissioner,  not  to  exceed  three 
hundred  dollars. 

16.  In  counties  of  this  class  the  official  reporter  of  the  superior  court 
shall  receive,  as  full  compensation  for  taking  notes  in  civil  and  crim- 
inal cases  tried  in  said  court,  and  for  preliminary  examinations  in  jus- 
tices' courts,  a  salary  of  ten  dollars  per  diem  during  employment,  pay- 
able out  of  the  county  treasury,  at  the  same  time  and  in  the  same 
manner  as  the  salaries  of  county  officers,  and  for  transcription  of  said 
notes,  when  required,  he  shall  receive  the  sum  of  ten  cents  per  folio 
for  the  original  and  five  cents  per  folio  for  a  copy;  said  compensation 
by  transcription  in  criminal  cases  to  be  audited  and  allowed  by  the 
board  of  supervisors  as  other  claims  against  the  county,  and  paid  out 
of  the  county  treasury,  and  in  civil  cases  to  be  paid  by  the  party  order- 
ing the  same,  or,  when  ordered  by  the  judge,  by  either  party,  or  jointly 
by  both  paries,  as  the  court  may  direct.  [Amendment  approved  March 
20,  1905.     Stats.  1905,  p.  439.     In  efPect  in  sixty  days.] 

§  211.  In  counties  of  the  fifty-fourth  class,  the  county  officers  shall 
receive,  as  compensation  for  the  services  required  of  them  by  law  or 
by  virtue  of  their  office,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  one  thousand  three  hundred  dollars  per  annum; 
provided,  that  in  j'ears  when  a  great  register  is  ordered  the  county  clerk 
shall  receive  in  addition  to  his  regular  salary  the  sura  of  four  hundred 
dollars  for  such  services. 

2.  The  sheriff,  two  thousand  five  hundred  dollars  per  annum,  and 
twenty-five  cents  mileage,  in  going  only. 

3.  The  recorder,  four  hundred  dollars  per  annum;  provided,  that  the 
recorder    may    retain   to    his    own    use    all   fees   paid   him   for    recording 


267  COUNTY  GOVERNMENT.  Act  837,  §  213 

notices  of  lopation  of  mining  claims  and  affidavits  of  annual  expenditures 
upon  mining  claims,  made  under  the  laws  of  Congress;  and  further 
provided,  that  all  acts  of  the  recorder  of  counties  of  this  class  in  retain- 
ing to  his  own  use  any  fees  for  recording  notices  of  location  of  mining 
claims  and  affidavits  of  annual  expenditures  upon  mining  claims,  made 
under  the  laws  of  Congress,  whether  done  as  mining  recorder  or  as 
recorder,  are  hereby  validated  and  declared  legal,  and  that  such  recorder 
may  continue  to  retain  to  his  own  use  such  fees,  and  this  act  in  so  far 
as  it  relates  to  the  matter  enumerated  in  the  last  preceding  division 
thereof  shall  take  effect  immediately  upon  its  passage. 

4.  The  auditor,  three  hundred  dollars  per  annum. 

5.  The  treasurer,  one  thousand  dollars  per  annum. 

6.  The  tax  collector,  three  hundred  and  fifty  dollars  per  annum. 

7.  The   assessor,  one  thousand  six  hundred  dollars  per  annum. 

8.  The  district  attorney,  one  thousand  dollars  per  annum,  and  his 
necessary  traveling  expenses,  to  be  allowed  by  the  board  of  super- 
visors. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

11.  The  superintendent  of  schools,  six  hundred  and  twenty-five  dol- 
lars per  annum,  and  actual  traveling  expenses  when  visiting  the  schools 
of  his  county. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
lavv', 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

15.  Each  supervisor,  three  hundred  and  fifty  dollars  per  annum,  and 
twenty  cents  per  mile  for  traveling  to  and  from  his  residence  to  the 
county  seat  at  each  session. 

When  traveling  by  order  of  the  board  upon  county  business,  each 
supervisor  shall  be  allowed  his  actual  itemized  expenses.  For  all  ser- 
vices as  road  commissioner,  each  supervisor  shall  receive  three  dollars 
per  day,  but  he  shall  not  in  any  one  year  receive  more  than  five  hun- 
dred dollars  as  supervisor. 

IG.  The  license  collector,  such  compensation  as  the  board  of  super- 
visors shall  fix.  [Amendment  approved  March  20,  1905.  Stats.  1905, 
p.  523.     In  effect  in  part  immediately  and  in  part  in  sixty  days.] 

§  212.  In  counties  of  the  fifty-fifth  class,  the  county  officers  shall  re- 
ceive, as  compensation  for  the  services  required  of  them  by  law  or  by 
virtue  of  their  offices,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  nine  hundred  dollars  per  annum. 

2.  The  sheriff,  twelve  hundred  dollars  per  annum. 

3.  The  recorder,  six  hundred  dollars  per  annum. 

4.  The  auditor,  three  hundred  dollars  per  annum. 

5.  The  treasurer,  nine  hundred  dollars  per  annum. 


Act  837,  §  213  GENERAL  LAWa.  268 

6.  The  tax  collector,  nine  hundred  dollars  per  annum. 

7.  The  assessor,  six  hundred  dollars  per  annum. 

8.  The  district  attorney,  nine  hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

11.  The  superintendent  of  schools,  four  hundred  dollars  per  annum. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

15.  Each  member  of  the  board  of  supervisors,  three  hundred  dollars 
per  annum  and  twenty  cents  per  mile  in  traveling  from  his  residence 
to  the  county  seat,  going  only;  provided,  that  only  one  mileage  shall  be 
allowed  for  any  regular  session  of  the  board. 

16.  In  counties  of  this  class  the  official  reporter  of  the  superior  court 
shall  receive,  as  full  compensation  for  taking  notes  in  civil  and  criminal 
cases  tried  in  said  court,  and  for  preliminary  examinations  in  justices' 
courts  and  at  coroners'  inquests,  a  monthly  salary  not  to  exceed  fifty 
dollars,  payable  out  of  the  county  treasury,  at  the  same  time  and  in  the 
same  manner  as  the  salaries  of  county  officers;  and  for  transcription 
of  said  notes,  when  required,  he  shall  receive  the  sum  of  ten  cents 
per  folio  for  the  original  and  five  cents  per  folio  for  a  copy;  said  com- 
pensation for  transcription  in  criminal  cases  to  be  audited  and  allowed 
by  the  board  of  supervisors  as  other  claims  against  the  county,  and 
paid  out  of  the  county  treasury,  and  in  civil  cases,  to  be  paid  by  the 
party  ordering  the  same,  or,  when  ordered  by  the  judge,  by  either  party, 
or  jointly  by  both  parties,  as  the  court  may  direct. 

§  213.  In  counties  of  the  fifty-sixth  class  the  county  officers  shall 
receive,  as  compensation  for  the  services  required  of  them  by  law  or  by 
virtue  of  their  offices,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  twelve  hundred  dollars  per  annum. 

2.  The  sheriff,  tweuty-six  hundred  dollars  per  annum. 

3.  The  recorder,  six  hundred  dollars  per  annum, 

4.  The  auditor,  two  hundred  dollars  per  annum. 

5.  The  treasurer,  one  thousand  dollars  per  annum. 

6.  The  tax  collector,  five  hundred   dollars  per  annum. 

7.  The  assessor,  twelve  hundred  dollars  per  annum. 

8.  The  district  attorney,  nine  hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

11.  The  superintendent  of  schools,  four  hundred  dollars  per  annum. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 


269  COUNTY  GOVERNMENT.  Act  837,  §  214 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may  bo  hereafter  allowed  by 
law. 

15.  Each  member  of  the  board  of  supervisors,  six  dollars  per  day 
during  session,  and  thirty  cents  per  mile  one  way  to  board  meeting; 
three  dollars  per  day  (no  mileage)  as  road  commissioner  when  actually 
engaged  in  road  business. 

IG.  In  counties  of  this  class  the  official  reporter  of  the  superior  court 
shall  receive,  as  full  compensation  for  taking  notes  in  civil  and  criminal 
•cases  tried  in  said  court,  and  for  preliminary  examinations  in  justices' 
courts,  a  per  diem  of  eight  dollars;  and  for  transcription  of  said  notes 
when  required  during  the  progress  of  the  trial,  he  shall  receive  the  sum 
of  twenty  cents  per  folio  for  the  original  and  five  cents  per  folio  for 
one  copy;  but  if  such  transcription  is  not  required  until  after  con- 
clusion of  trial,  then  he  shall  receive  the  sum  of  ten  cents  per  folio  for 
original,  and  three  cents  per  folio  for  copies  required;  said  compensa- 
tion for  transcription  in  criminal  cases  to  be  audited  and  allowed  by 
the  board  of  supervisors  as  other  claims  against  the  county,  and  paid 
out  of  the  county  treasury,  and  in  civil  cases,  to  be  paid  by  the  party 
ordering  the  same,  or  when  ordered  by  the  judge,  by  either  party,  or 
jointly  by  both  parties,  as  the  court  may  direct. 

§  214.  In  counties  of  the  fifty-seventh  class  the  county  officers  shall 
receive,  as  compensation  for  the  services  required  of  them  by  law  or  by 
virtue  of  their  office,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  five  hundred  dollars  per  annum. 

2.  The  sheriff,  five  hundred  dollars  per  annum. 

3.  The  recorder,  three  hundred  dollars  per  annum. 

4.  The  auditor,  two  hundred  dollars  per  annum. 

5.  The  treasurer,  three  hundred  dollars  per  annum. 

6.  The  tax  collector,  three  hundred  dollars  per  annum. 

7.  The  assessor,  three  hundred  dollars  per  annum. 

8.  The  district  attorney,  three  hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

11.  The  superintendent  of  schools,  one  hundred  dollars  per  annum. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter  allowed 
by  law. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law. 

15.  Each  supervisor,  five  dollars  per  day  when  the  board  is  in  ses- 
sion, and  twenty  cents  per  mile  for  traveling  from  his  residence  to  the 
county  seat,  going  only,  and  only  one  mileage  shall  be  allowed  for  any 
regular  session  of  the  board;  and,  when  serving  as  road  commissioner, 


Act  837,  §§  214%,  215  GENERAL  LAWS.  270 

three   dollars  per  day.     Such  per   diem  not   to   exceed   the   total   sum   of 
fifty  dollars  per  annum. 

Provided,  however,  that  five  per  cent  only  shall  be  allowed  the  sheriff 
or  tax  collector  as  fees  for  collecting  licenses  in  'counties  of  this  class. 

§  214V'2'  Public  welfare  and  present  necessity  in  the  counties  of  the 
classes  below  named,  requiring  that  in  counties  of  the  first,  second, 
third,  and  fourth  classes  in  this  state  there  should  be  an  official  matron 
of  the  several  county  jails  therein,  to  have  the  powers  and  to  discharge 
the  duties  herein  specified,  the  oifice  of  matron  of  the  county  jail,  in 
and  for  each  of  the  counties  of  the  classes  above  named,  is  hereby 
created,  and  the  duties  and  povv^ers  of  the  matron  of  such  several  county 
jails  shall  be  as  follows:  She  shall  have  free  access  at  all  reasonable 
times  to  the  immediate  presence  of  all  female  prisoners  in  the  county 
jail  of  which  she  is  the  matron,  including  the  right  of  personal  visita- 
tion and  conversation  with  them;  and,  in  all  cases  of  searching  the 
person  of  female  prisoners  in  such  jail,  the  matron  exclusively  shall 
make  snch  search;' and  the  matron  shall  by  example,  advice,  and  admoni- 
tion employ  her  best  abilities  to  secure  and  promote  the  health,  welfare, 
and  reformation  of  all  such  prisoners. 

The  term  of  ofiice  of  such  matron  shall  be  two  years  from  her  ap- 
pointment and  qualification  and  until  her  successor  is  appointed  and 
qualified.  The  sheriff  of  each  county  (of  the  classes  above  named)  is 
hereby  authorized  and  empowered  to  appoint,  and  to  provide  for  the 
payment  of  the  compensation  of,  a  matron  of  the  county  jail  of  the 
county  of  which  they  are  such  board,  and  to  specify  the  conditions, 
and  fix  the  amount  of  the  matron's  official  bond,  to  be  approved  by 
such  board.  The  monthly  compensation  of  such  matron  in  the  several 
counties  of  the  classes  above  mentioned  (regulated  hereby  in  propor- 
tion to  the  duties  to  be  discharged)  shall  be  as  follows,  payable 
monthly:  In  counties  of  the  first  class,  seventy-five  dollars;  in  coun- 
ties of  the  second  class,  fifty  dollars;  in  counties  of  the  third  class, 
forty  dollars;  in  counties  of  the  fourth  class,  thirty-five  dollars,  and  in 
counties  of  the  fifth  class,  thirty  dollars.  To  further  the  carrying  into 
effect  of  the  authority  above  conferred  and  in  the  furtherance  of  the 
discharge  of  the  duties  of  the  matrons  of  such  county  jails,  it  is  hereby 
enacted  that  no  officer,  deputy,  jailer,  keeper,  guard  or  person  having 
charge  or  control  of  any  such  county  jail  shall  refuse  the  duly  ap- 
pointed and  qualified  matron  thereof  free  access  at  all  reasonable  times 
to  the  immediate  presence  of  all  female  prisoners  therein,  including  the 
right  of  visitation  and  conversation  with  them,  or  in  such  jail  allow 
the  searching  of  the  person,  in  the  case  of  a  female  prisoner,  to  be 
made  except  by  the  matron  of  such  jail,  or  obstruct  the  performance 
by  the  matron  of  her  official  duties  in  such  jail  as  those  duties  may  be 
specified  under  the  provisions  of  this  act  or  of  law.  [New  section  ap- 
proved March  23,  1901.     Stats.   1901,  p.  631.     In  effect  immediately.] 

§215.  The  salaries  and  fees  provided  in  this  act  shall  be  in  full 
compensation  for  all  services   of   every  kind   and   description   rendered 


271  COUNTY  GOVERNMENT.  Act  837,  §  215 

by  the  officers  herein  named  either  as  officers  or  ex  officio  officers,  their 
deputies  and  assistants,  unless  in  this  act  otherwise  provided,  and  all 
deputies  employed  shall  be  paid  by  their  principals  out  of  the  salaries 
hereinbefore  provided,  unless  in  this  act  otherwise  provided;  provided, 
and  except  that  where  an  assistant  district  attorney  has  been  hereto- 
fore appointed  in  any  county,  either  under  the  provisions  of  subdivision 
thirty-six  of  section  twenty-five,  or  under  any  other  provisions  of  an 
act  entitled  "An  act  to  establish  a  uniform  system  of  county  and 
township  government,"  approved  March  twenty-fourth,  eighteen  hun- 
dred and  ninety-three,  and  such  assistant  is  continued  by  the  provisions 
of  this  act,  either  as  an  assistant  or  deputy  in  such  county,  then  such 
deputy  or  assistant  shall  be  paid  out  of  the  funds  of  such  county,  as 
heretofore  or  herein  provided;  the  assessor  shall  be  entitled  to  receive 
and  retain  for  his  own  use  six  per  cent  on  personal  property  tax  collec- 
ted by  him,  as  authorized  by  section  thirty-eight  hundred  and  twenty 
of  the  Political  Code,  and  fifteen  per  cent  of  all  amounts  collected  by 
him  for  poll  taxes,  and  road  poll  taxes,  and  also  five  dollars  per  hun- 
dred names  of  persons  returned  by  him  as  subject  to  military  duty,  as 
provided  in  section  nineteen  hundred  and  one  of  the  Political  Code, 
and  the  license  collector  shall  be  entitled  to  receive  and  retain  for  his 
own  use  ten  per  cent  on  all  licenses  collected  by  him,  except  where 
otherwise  provided  in  this  act;  provided,  however,  that  in  counties  and 
cities  and  counties  of  the  first,  second,  and  third  class,  the  assessor 
shall  receive  no  commission  for  the  collection  of  taxes  on  personal 
property,  nor  shall  such  assessor  receive  any  compensation  for  making 
out  military  roll  of  persons  returned  by  him  as  subject  to  military  duty 
as  provided  by  section  nineteen  hundred  and  one  of  the  Political  Code; 
nor  shall  the  license  collector  in  cities  and  counties  of  the  first  class  and 
counties  of  the  second  class  receive  any  commission  on  licenses  collected 
by  him  except  the  commissions  on  state  liquor  licenses;  provided,  that 
the  treasurer  shall  receive  and  retain  for  his  own  use  the  commissions 
on  all  inheritance  and  transfer  taxes  collected  by  him,  and  provided 
further,  that  whenever  the  treasurer  of  any  county  shall  employ  a  spe- 
cial attorney  for  the  collection  of  such  taxes  said  attorney  shall  be  paid 
out  of  the  commissions  and  fees  allowed  by  law  for  the  collection  of 
such  taxes;  provided  that  in  any  county  where  the  number  of  judges 
of  the  superior  court  shall  have  been  increased  since  the  first  day  of 
January,  eighteen  hundred  and  ninety-seven,  or  shall  hereafter  be  in- 
creased, there  must  be  and  there  hereby  is  allowed  to  the  sheriff  of  such 
county,  by  reason  of  such  increase,  one  additional  deputy,  to  be  ap- 
pointed by  the  sheriff,  at  a  salary  not  exceeding  twelve  hundred  dollars 
per  annum,  to  be  paid  at  the  same  time  and  in  the  same  manner  as 
other  county  officers  are  paid;  and  also  there  must  be  and  is  hereby 
allowed  to  the  county  clerk  of  such  county,  one  additional  deputy  to 
act  as  courtroom  clerk,  for  each  judge  so  appointed  or  elected,  at  a 
salary  not  exceeding  twelve  hundred  dollars  per  annum  for  each  of  said 
deputies,  to  be  paid  at  the  same  time  and  in  the  same  manner  as  other 
county  officers  are  paid.  The  board  of  supervisors  shall  allow  to  the 
sheriff  his  necessary  expenses  for  cursuing  criminals,  or  transacting  any 


Act  837,  §§  216-218  GENERAL  LAWS.  272 

criminal  business,  and  for  boarding  prisoners  in  the  county  jail;  pro- 
vided tliat  tiie  board  of  supervisors  shall  fix  a  reasonable  price  at  which 
such  prisoners  shall  be  boarded,  if  not  otherwise  provided  for  in  this 
act;  provided,  further,  that  the  sheriff  shall  be  entitled  to  receive  and 
retain  for  his  own  use,  five  dollars  per  diem  for  conveying  prisoners  to 
and  from  the  state  prisons,  and  for  conveying  persons  to  and  from  the 
insane  asylums,  or  other  state  institutions  not  otherwise  provided  for  by 
law;  also,  all  expenses  necessarily  incurred  in  conveying  insane  persons 
to  and  from  the  insane  asylums,  and  in  conveying  persons  to  and  from 
the  state  prisons,  or  other  state  institutions,  which  per  diem  and  ex- 
penses shall  be  allowed  by  the  board  of  examiners,  collected  from  the 
state.  The  court  shall  also  allow  the  sheriff  his  necessary  expenses  in 
keeping  and  preserving  property  seized  on  attachment  or  executions,  to 
be  paid  out  of  the  fees  collected  in  the  action.  The  sheriff  may  retain 
for  his  own  use  the  mileage  for  service  of  papers  or  process  issued  by 
any  court  of  the  state. 

Provided  further  that  the  county  treasurers  of  the  several  counties  of 
this  state,  where  their  necessary  expense  incurred  in  the  making  of  the 
state  settlements  provided  for  by  section  3866,  Political  Code,  shall  ex- 
ceed the  maximum  amount  of  mileage  allowed  them  by  section  3876  of 
the  Political  Code,  shall  be  allowed  out  of  the  county  treasury  of  their 
respective  counties,  the  amount  of  such  excess,  which  shall  be  paid  as 
other  demands  against  the  county  are  paid.  [Amendment  approved 
March  21,  1905.     Stats.  1905,  p.  582.     In  effect  in  sixty  days.] 

PEES  TO  BE  PAID  INTO  THE  COUNTY  TEEASURY. 
§  216.  All  salaried  officers  of  the  several  counties  of  this  state  shall 
charge  and  collect  for  the  use  of  their  respective  counties,  and  pay  into 
the  county  treasury,  on  the  first  Monday  in  each  month,  the  fees  now 
or  hereafter  allowed  by  law  in  all  cases,  except  Where  such  fees,  or  a 
percentage  thereof,  is  allowed  such  officers,  and  excepting  also  such  fees 
as  are  a  charge  against   the   county. 

FEE-BOOK. 
§  217.  Each  of  the  officers  authorized  to  receive  fees  under  the  pro- 
visions of  this  act  must  keep  a  fee-book,  open  to  the  public  inspection 
during  office  hours,  in  which  must  be  entered,  at  once  and  in  detail,  all 
fees  or  compensation,  of  whatever  nature,  kind,  or  description,  collected 
or  chargeable.  On  the  first  Monday  of  each  and  every  month,  the  offi- 
cer must  add  up  each  column  in  his  book  to  the  first  day  of  the  month, 
and  set  down  the  totals.  On  the  expiration  of  the  term  of  such  officer, 
he  must  deliver  all  fee-books  kept  by  him  to  the  county  auditor. 

STATEMENT   OF  FEES. 

§218.  The  fees  and  compensation  collected  and  chargeable  for  the 
county  in  each  month  shall  be  paid  to  the  county  treasurer  on  the  first 
Monday  in  the  following  month,  and  must  be  accompanied  by  a  state- 
ment of  the  aggregate  amount  thereof,  as  shown  by  the  fee-book,  duly 


l:T3  county  government.  Act  837,  §§  219-222 

verified  by  the  officer  making  such  payment.  The  affidavit  shall  be  in 
the  following  form:  "I,  A.  B.,  county  clerk  (or  other  officer,  as  the 
ease  may  be),  do  swear  that  the  fee-book  in  my  office  contains  a  true 
statement  in  detail  of  all  fees  and  compensation  of  every  kind  and 
nature  for  official  services  rendered  by  me,  my  deputies,  and  assistants, 

for  the  month  of  ,  A.  D.  ,  and  that  said  fee-book  shows  a  full 

amount  received  or  chargeable  in  said  month,  and  since  my  last  monthly 
payment;  and  neither  myself,  nor  to  mj^  knowledge  or  belief,  any  of 
my  deputies  or  assistants  have  rendered  any  official  service,  except  for 
the  county,  which  is  not  fully  set  out  in  said  fee-book,  and  that  the 
foregoing  statement  thereof  is  true  and  correct." 

The  treasurer  shall  file  and  preserve  in  his  office  said  statements  and 
affidavit. 

SALAEY  FUND. 

§  219.  For  the  purpose  of  paying  the  salaries  provided  for  in  this  act, 
all  fees  directed  to  be  paid  into  the  county  treasury  shall  be  set  apart 
therein  as  a  separate  fund,  to  be  known  as  the  salary  fund,  to  be  ap- 
plied to  the  payment  of  said  salaries.  Should  the  amount  received  from 
such  source  be  insufficient,  it  shall  be  the  duty  of  the  county  treasurer 
from  time  to  time  to  transfer  to  said  fund  from  the  general  fund  of 
the  county  such  sums  as  may  be  necessary  to  pay  said  salaries  as  they 
become   due. 

SALAEIES— HOW  PAID. 

§  220.  The  salaries  of  such  officers  named  in  this  act  as  are  entitled 
to  salaries  shall  be  paid  monthly  out  of  the  county  treasury;  and  it 
shall  be  the  duty  of  the  auditor,  on  the  first  Monday  of  each  and  every 
month,  to  draw  his  warrant  upon  the  county  treasurer  in  favor  of  each 
of  said  officers  for  the  amount  of  salary  due  him  under  the  provisions 
of  this  act  for  the  preceding  month;  except  that  one-half  of  the  annual 
salary  of  the  assessor  shall  be  paid  to  him  in  equal  monthly  install- 
ments for  the  months  of  March,  April,  May,  and  June,  and  one-half  in 
equal  monthly  installments  for  the  remaining  eight  months  of  the  year. 
The  treasurer  shall  j)ay  said  warrants  on  presentation  out  of  the  salary 
fund  of  the  county  treasury, 

STATEMENT  OF  FEES  MUST  PRECEDE  WARRANT  FOR  SALARY. 
§221,  The  auditor  shall  not  draw  his  warrant  for  the  salary  of  any 
such  officer  for  any  month  until  the  latter  shall  first  have  presented 
him  with  the  certificate  of  the  county  treasurer,  showing  that  he  has 
made  the  statement  and  settlement  for  that  month  required  in  this  act. 

OFFICIAL  SERVICES  AND  FEES. 

§  222.  The  officers  mentioned  in  this  act  are  not  in  any  case,  except 
for  the  state  or  countj'',  to  perform  any  official  services,  unless  upon  the 
prepayment  of  fees  prescribed  for  such  services,  except  in  cases  on 
habeas  corpus  and  for  naturalization,  and  on  such  payment  the  ollieer 
must  perform  the  services  required.  For  every  failure,  or  refusal  to 
Gen.  Laws — 18 


Act  837,  §§  223-228  GENERAL  LAWS,  274 

perform  official  duty  when  the  fees  are  tendered,  the  officer  is  liable  on 
his  official  bond. 

ACCOUNT  AND  EECEIPT  FOE  FEES. 
§  223.  Every  officer,  upon  receiving  any  fees  for  official  duty  or  ser- 
vice, may  be  required  by  the  person  paying  the  same  to  make  out,  in 
writing,  and  deliver  to  such  person  a  particular  account  of  such  fees, 
specifying  for  what  they,  respectively,  accrued,  and  shall  receipt  the 
same;  and  if  he  refuse  or  neglect  to  do  so  when  required,  he  shall  be 
liable  to  the  party  paying  the  same  in  treble  the  amount  so  paid. 

POSTER  OF  FEES  OF  JUSTICES. 

§  224.  It  shall  be  the  duty  of  each  justice  of  the  peace  to  prepare, 
and  keep  posted  in  a  conspicuous  place  in  his  office,  a  plain  and  legible 
statement  of  the  fees  allowed  by  law  to  justices  of  the  peace  and  con- 
stables, upon  pain  of  forfeiting,  for  failure  so  to  do,  fifty  dollars,  to  be 
recovered,  with  costs,  by  any  person,  before  any  other  justice  of  the 
peace  of  the  county. 

ILLEGAL  FEES. 

§  225.  The  board  of  supervisors,  upon  receiving  a  certified  copy  of 
the  record  of  conviction  of  any  officer  for  receiving  illegal  fees,  must 
declare  his  office  vacant. 

SERVICES  PERFORMED  BY  SUCCESSOR. 
§  226.  It  shall  be  the  duty  of  all  officers  in  this  act  named  to  com- 
plete the  business  of  their  respective  offices  to  the  time  of  the  expira- 
tion of  their  respective  terms;  and  in  case  any  officer  at  the  close  of  his 
term  shall  leave  to  his  successor  official  labor  to  be  performed,  which  it 
was  his  duty  to  perform,  he  shall  be  liable  to  pay  to  his  successor  the 
full  value  for  such  services. 

NO  FEES  ON  HABEAS  CORPUS. 
§227.  No  fee  or  compensation  of  any  kind  must  be  charged  or  re- 
ceived by  any  officer  for  duties  performed  or  services  rendered  in  pro- 
ceedings upon  habeas  corpus  or  naturalization,  nor  for  administering  or 
certifying  the  oath  of  office,  nor  fees  or  other  compensation  shall  be 
paid  for  service  rendered  in  an  affidavit  or  application  relating  to  the 
securing  of  a  pension  or  the  payment  of  a  pension  voucher,  or  any 
matter  relating  thereto,  nor  filing  nor  swearing  to  any  claim  or  de- 
mand against  any  county  in  this  state. 

§228.     The  following  are  county  charges: 

1.  Charges  incurred  against  the  county  by  virtue  of  any  of  the  pro- 
visions of  this  act. 

2.  The  traveling  and  other  personal  expenses  of  the  district  attorney, 
incurred  in  criminal  cases  arising  in  the  county,  and  in  civil  actions 
and   proceedings   in   which   the   county   is   interested,   and   all   other   ex- 


275  COUNTY  GOVERNMENT.  Act  837,  §§  229-231 

penses  necessarily  incurred  by  him  in  the  detection  of  crime  and  pros- 
ecution of  criminal  cases,  and  in  civil  actions  and  proceedings  and  all 
other  matters  in  which  the  county  is  interested. 

3.  The  expenses  necessarily  incurred  in  the  support  of  persons  charged 
with  or  cotfvicted  of  crime  and  committed  therefor  to'  the  county  jail. 

4.  The  sums  required  by  law  to  be  paid  to  the  grand  and  trial  jurors 
and  witnesses  in  criminal  cases. 

5.  The  accounts  of  the  coroner  of  the  county  for  such  .services  as  are 
not  provided  to  be  paid  otherwise. 

6.  All  charges  and  accounts  for  services  rendered  by  any  justice  of 
the  peace  in  the  examination  or  trial  of  persons  charged  with  crime, 
not  otherwise  provided  for  and  allowed  by  law. 

7.  The  necessary  expenses  incurred  in  the  support  of  the  county  hos- 
pitals, poorhouses,  and  the  indigent  sick  and  otherwise  dependent  poor, 
whose  support  is  chargeable  to  the  county. 

8.  The  contingent  expenses  necessarily' incurred  for  the  use  and  bene- 
fit of  the  county. 

9.  Every  other  sum  directed  by  law  to  be  raised  for  any  county  pur- 
pose under  the  direction  of  the  board  of  supervisors,  or  declared  to  be 
a  county  charge. 

10.  The  fees  of  constables  in  criminal  cases  allowed  by  law. 

COST  OF  CEIMINAL  ACTIONS  ON  EEMOVAL. 

§■229.  When  a  criminal  action  is  removed  before  trial,  the  cost  accru- 
ing upon  such  removal  and  trial  shall  bo  a  charge  against  the  county  in 
which   the   indictment   or   information  was   found. 

COSTS  ON  EEMOVAL— HOW  CEETIFIED  AND  PAID. 
§  230,  The  clerk  of  the  county  to  which  such  action  is  removed  shall 
certify  the  amount  of  costs  allowed  and  certified  by  the  court  to  the 
auditor  of  his  county,  and  such  auditor  shall  audit  the  same  and  draw 
his  warrant  therefor  upon  the  treasury  of  the  county  from  which  such 
action  was  removed;  and  such  auditor  shall  forward  to  said  treasurer 
and  auditor  of  the  county  from  which  said  action  was  transferred,  as 
aforesaid,  a  certified  copy  of  the  total  amount  of  costs  allowed  by  the 
court,  giving  each  item  as  certified  to  him  by  the  county  clerk  and  the 
court;  and  the  auditor  receiving  such  certified  copy  of  said  costs  al- 
lowed shall  enter  the  same  in  his  book  as  a  charge  against  the  treas- 
ury of  his  county;  and  the  county  treasurer  of  the  county  from  which 
said  action  was  removed  must,  immediately  upon  presentation,  pay  said 
warrant  out  of  the  general  fund  of  said  county;  or,  if  at  the  date  of 
presentation  there  is  not  sufficient  money  in  the  said  general  fund  to 
pay  the  same,  he  must  indorse  upon  said  warrant,  "Not  paid  for  want 
of  funds,"  and  said  warrant  must  be  registered,  and  shall  draw  interest 
at  the  same  rate,  and  be  paid  in  the  same  manner,  as  thougli  it  had  been 
drawn  by  the  auditor  of  the  county  where  the  indictment  was  found. 

§  231.  Counties  created  or  organized  after  the  passage  and  approval 
of  this  act  shall  immediately  come  under  and  be  governed  by  its  pro- 


Acts  842-845  GENERAL  LAWS.  276 

visions,  so  far  as  the  same  are  applicable  thereto.  When  the  population 
of  any  existing  county  shall  have  been  reduced,  by  reason  of  the  crea- 
tion of  any  new  county  from  the  territory  thereof,  below  the  class  and 
rank  first  assumed  hereunder,  it  shall  be  the  duty  of  the  board  of  super- 
visors of  such  co'unty  to  designate  by  order  the  class  to  'which  such 
county  has  been  reduced  by  reason  thereof,  and  such  county  shall  there- 
after enter  the  list  of  such  class;  provided,  that  the  salary  of  county 
officers  shall  not  be  affected  by  reason  of  such  division  of  the  county 
or  order  of  the  board,  for  the  term  for  which  they  were  elected  and 
qualified.  In  any  newly  created  county,  for  the  purpose  of  fixing  the 
salaries  and  fees  of  county  and  township  offices,  the  board  of  commis- 
sioners appointed  to  organize  said  new  county,  and  if  no  commissioners 
be  appointed,  then  the  board  of  supervisors  of  said  new  county,  shall 
classify  said  new  county  according  to  the  population  classification  of 
this  act.  In  each  case  the  population  shall  be  numerically  fixed,  and 
when  so  fixed  shall  be  certified  to  the  secretary  of  state  by  the  board 
fixing  the  same. 

§  232.  All  acts  and  parts  of  acts  inconsistent  with  this  act  are 
hereby  repealed. 

§233.  The  provisions  of  sections  one  hundred  and  fifty-eight  to  two 
hundred  and  fourteen,  inclusive,  of  this  act,  so  far  as  they  change  the 
compensation  of  any  officer  therein  named,  heretofore  paid  a  fixed  sal- 
ary, or  heretofore  paid  a  fixed  salary  and  commissions,  and  not  fees 
or  per  diem,  shall  not  affect  incumbents,  unless  otherwise  provided  in 
any  of  said  sections. 

§  234.  This  act,  except  as  otherwise  herein  provided,  shall  take  effect 
and  be  in  force  sixty  days  from  and  after  its  passage. 

TITLE  121. 
COUETS. 
ACT  842. 

Eegulating  practice  in  supreme  court.     [Stats.  1871-72,  p.  391.] 
Superseded  by  the  constitution  of  1879. 

ACT  843. 

Determining    who    must    act    as    chief    justice    of    the    supreme    court. 
[Stats.    1871-72,    p.   364.] 
Superseded  by  the  constitution  of  1879. 

ACT  844. 

To  transfer  records,  etc.,  from  the  courts  existing  prior  to  1879.     [Stats. 
1880,  p.  2.] 

ACT  845. 

Authorizing  judges   of  superior   court  in   counties,   and   cities  and   coun- 
ties, having  a  population   of  two  hundred  thousand  or  over,  to   ap- 
point a  secretary.     [Stats.  1895,  p.  98.] 
Amended  1909,  p.  940. 


I 


277  COYOTE   SCALPS— CRIMINAL  LAW.  Acts  846-863 

ACT  84G. 

To    confer   upon   the   superior   court    of   each   county   powers   heretofore 

possessed  by   the   district,   county  and  probate   court.     [Stats.   1880, 

p.  23.] 

ACT  847. 

An  act  to  authorize  the  district  court  of  appeal  for  the  second  district 
to  provide  proper  rooms  in  which  to  hold  court  and  for  the  proper 
accommodation  of  its  officers  and  library,  and  authorizing  the  pre- 
siding justice  to  enter  into  contracts  or  leaRcs  therefor;  and  pro- 
viding for  an  appropriation  of  money  therefor.  [Approved  March 
21,  1907.     Stats.  1907,  p.  846.] 

TITLE   122. 
COYOTE   SCALPS. 
ACT  851. 

Fixing  a  bounty  on  coyote   scalps.     [Approved  March   31,   1S91.     Stats. 
1891,   p.    280.] 
Repealed  1895,  p.  1. 

Citations.      Cal.  106/116,    120,    125;    141/355;    144/683,    686,    689,    693,    694, 
696. 

TITLE  123. 
CRESCENT   CITY. 
ACT  85G. 

To  incorporate.     [Stats.  1854,  p.  197.] 
Amended   1857,  pp.56,  225;   1858,  p.  233. 

ACT  857. 

Authorizing  location   of   townsite  of.     [Stats.   1859,  p.  24.] 
Amended   1860,  p.  279;   1862,   p.  226. 

ACT  858. 

Ceding  lands  to.     [Stats.  1867-68,  p.  335.] 
Amended   1869-70,   p.  131. 
This  act  granted  to  Crescent  City  its  waterfront. 

ACT  859. 

Relating   to    the   road,   poll    and    property    tax   in.     [Stats.    1877-78,   p. 
204.] 
Citations.     CaL  59/327,  328,  549,  550. 

TITLE  124. 
CRIMINAL   LAW. 
ACT  863. 

A.n  act  to  create  a  state  bureau  of  criminal  identification,  providing 
for  the  appointment  of  a  director  of  said  bureau,  defining  his  duties, 
qualifications  and  powers,  providing  for  the  appointment  of  a  clerk 


Acts  864-872  GENERAL  LAWS.  278 

of  said  bureau,  and  fixing  his  qualification,  fixing  the  compensa- 
tion of  said  director  and  cleric,  and  providing  for  the  manner  of 
paying  the  same,  and  providing  for  tlie  expense  of  conducting  the 
office.  [Approved  March  20,  1905.  Stats.  1905,  p.  520.] 
Code  commissioners  sa7  this  act  was  codified  by  §  1572  et  seq.,  Penal  Code,  as 
adopted  in  1907. 

ACT  864. 

To  abolish  public  executions.     [Stats.  1858,  p.  192.] 
Superseded  by  Penal  Code,  §  1229. 

TITLE  125. 
CEUELTY  TO  ANIMALS. 
ACT  869. 

For  the  more  effectual  prevention  of  cruelty  to  animals.     [Stats.  1867-68, 
p.  604.] 
Continued   in   force,    Penal   Code,  §  23;    Political    Code,  §  19;    but  repealed   by 
act  of  1873-74,  p.  502. 

ACT  870. 

Providing    for    the    more    effectual    prevention    of    cruelty    to    animals. 
[Stats.  1871-72,  p.  393.] 
Repealed  1873-74,  p.  502. 

ACT  871. 

For    the     more    effectual    prevention    of    cruelty    to    animals.     [Stats. 
1873-74,  p.  499.] 
Amended  1901,  p.  285;   1903,  p.  69;   1905,  p.  498. 
Codified.      See  notes  in  Appendix,  Penal  Code,  p.  1999. 

ACT  872. 

An  act  to  prohibit  the  use  of  the  bristle  bur,  tack  bur,  or  other  like  de- 
vices on  horses  or  other  animals  in  this  state. 
[Approved  March  13,  1903.     Stats.   1903,  p.   139.] 

§  1.  It  shall  be  unlawful  hereafter  in  this  state  for  anyone,  owner, 
driver  or  other  person,  having  the  care,  custody  or  control  of  any  horse 
or  other  animal,  to  use  what  is  known  as  the  bristle  bur,  tack  bur,  or 
other  like  device,  by  whatsoever  name  known  or  designated,  on  any 
said  horse  or  other  animal  for  any  purpose  whatsoever. 

§  2.  A  violation  of  the  provisions  of  this  act  shall  be  deemed  a  mis- 
demeanor and  anyone  found  guilty  thereof  shall  be  punished  by  a  fine 
of  not  less  than  twenty-five  dollars  nor  more  than  two  hundred  and 
fifty  dollars,  or  by  imprisonment  in  the  county  jail  not  less  than  ten 
nor  more  than  one  hundred  and  seventy-five  days,  or  may  be  punished 
by  both  such  fine  and  imprisonment. 


279  CRUELTY  TO  CHILDREN— DAIRIES.  Acts  875,  876 

§  3.  All  acts  and  parts  of  acts  in  conflict  with  the  provisions  of  this 
act  are  hereby  repealed. 

§  4.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

CRUELTY  TO  CHILDREN. 
See  tit.  "Infancy,"  post. 

TITLE   126. 
DAIRIES. 
ACT  875. 

An    act    to    prohibit    adulteration    and    deception    in    the    sale    of    dairy 
products,  defining  adulteration  in  dairy  products,  to   establish  stan- 
dards of  quality  in  dairy  products  and  to  provide  for  enforcing  its 
provisions.     [Approved  March  15,  1907.     Stats.  1907,  p.  2G5.] 
Amended   1909,  p.   1088. 

This  act  appears  in  full  in   Appendix,  Penal  Code,  p.  2019. 
Citations.     Cal.  App.  8/297,  298. 

ACT  876. 

An  act  to  prevent  the  sale  of  dairy  products  from  unhealthy  animals 
and  produced  under  unsanitary  conditions;  to  provide  for  the  in- 
spection of  dairy  stock,  dairies,  factories  for  the  production  of 
dairy  products  and  places  where  dairy  products  are  handled  and 
sold;  to  improve  the  quality  of  dairy  products  of  the  state;  to  pre- 
vent deception  in  the  sale  of  dairy  products  and  to  appropriate 
money  for  enforcing  its  provisions. 

[Approved  March  20,  1905.     Stats.  1905,  p.  462.] 
See,  also,   Stats.  1907,  p.  265;  ante.  Act  875. 

§  1.  No  person  or  persons,  firms  or  corporations,  by  themselves  or 
their  agents  or  employees,  shall  sell,  expose  for  sale  or  offer  for  sale, 
or  exchange,  present  or  deliver  to  any  creamery,  cheese  factory,  milk 
condensing  factory,  or  any  other  buyer  or  consumer,  any  unclean,  un- 
wholesome, stale,  impure  milk,  cream,  butter,  condensed  or  evaporated 
milk  or  other  article  produced  from  such  milk  or  cream.  Neither  shall 
any  person  or  persons,  firms  or  corporations,  by  themselves  or  their 
agents  or  employees,  sell,  expose  for  sale,  or  offer  for  sale,  or  exchange, 
present  or  deliver  to  any  consumer,  creamery,  cheese  factory,  milk  con- 
densing factory,  or  any  other  buyer  or  consumer,  any  milk,  cream,  but- 
ter, cheese,  condensed  milk  or  other  products  manufactured  therefrom, 
which  has  been  produced  in  or  by  a  dairy,  or  factory  of  dairy  products, 
or  that  is,  or  has  been,  handled  in  any  store  or  depot  that  is  in  an  un- 
sanitary condition,  or  that  is  produced  from  cows  affected  by  any  dis- 
ease or  from  cows  within  five  days  after  or  fifteen  days  preceding 
parturition. 

§2.  A  dairy  shall  be  deemed  unsanitary  under  the  meaning  of  this 
act  when,  among  other  causes  that  render  milk,  or  products  made  there- 
from, unclean,  unwholesome,  impure,  and  unhealthy, 


Act  870,  §  3  GENERAL  LAWS,  280 

(b)  If  the  drinking  water  is  stagnant,  polluted  with  manure,  urine, 
drainage,  decaying  vegetable  or  animal  matter. 

(c)  If  the  yards  or  inclosures  are  filthy  or  unsanitary,  or  if  any  part 
of  such  yards  or  inclosures,  other  than  pastures,  are  made  the  deposi- 
tories of  manure  in  heaps  or  otherwise  where  it  is  allowed  to  ferment 
and  decay. 

If  the  walls  become  soiled  with  manure,  urine  or  other  filth. 

(g)  If  to  the  interior  of  cattle  stables,  barns  or  milking  sheds  an 
application  of  lime  whitewash  is  not  made  at  least  once  in  two  years, 
or  if  the  mangers,  or  other  receptacles  from  which  cows  are  fed,  de- 
caying food  or  other  material  is  allowed  to  accumulate. 

(i)  If  the  pails,  cans,  bottles  or  other  containers  of  milk,  or  its 
products,  strainers,  coolers  or  other  utensils  coming  in  contact  with  milk 
or  its  products  are  not  sterilized  by  boiling  water  or  superheated  steam 
each  and  every  time  the  same  are  used. 

(j)  If  the  person  or  wearing  apparel  of  the  dairyman,  his  employees, 
or  other  persons,  who  come  in  contact  with  milk  and  its  products  are 
soiled  or  not  washed  from  time  to  time. 

§  3.  A  creamery  or  any  factory  of  dairy  products  or  any  store, 
depot  or  other  place  where  milk  is  handled  or  kept  for  sale  shall  be 
deemed  unsanitary  under  the  meaning  of  this  act  when,  among  other 
causes  that  render  milk,  or  products  made  therefrom,  unclean,  unwhole- 
some, impure,  stale  or  of  low  grade  or  inferior  quality. 

(a)  If  milk  or  cream  is  received  that  has  reached  an  advanced  stage 
of  fermentation,  or  that  shows  a  state  of  putrefactive  fermentation,  or 
if  it  is  received  in  cans  or  other  containers  that  have  not  been  sterilized 
by  means  of  boiling  water  or  superheated  steam  after  each   delivery. 

(b)  If  the  utensils  and  apparatus  that  comes  in  contact  with  milk  or 
its  products  in  process  of  manufacture  are  not  thoroughly  washed  and 
sterilized  by  means  of  boiling  water  or  superheated  steam. 

(c)  If  the  floor  is  so  constructed  that  permits  the  flowing  or  soaking 
of  water,  milk  or  other  liquids  underneath  or  among  the  interstices  of 
such  floor  where  fermentation  and  decay  may  take  place,  or  if  such 
floor  may  not  be  readily  kept  free  from  dirt. 

(d)  If  drains  are  not  provided  that  will  convey  refuse  milk,  water 
and  sewage  at  least  fifty  yards  from  such  creamery  or  factory  of  dairy 
products,  or  if  any  cesspool,  privy  vault,  hog-yard,  slaughter-house, 
manure  or  any  decaying  vegetables  or  animal  matter  shall  be  within  a 
distance  that  will  permit  foul  odors  from  reaching  any  creamery  or 
other  factory  of  dairy  products  or  store  or  depot  where  milk  or  its 
products  is  sold  or  handled. 

(e)  If  such  creamery  or  factory  of  dairy  products  does  not  permit 
access  of  light  and  air  sufficient  to  secure  good  ventilation. 

(f)  If  any  building  or  buildings  used  in  connection  with  any  cream- 
ery, or  factory  of  dairy  products,  any  insects  or  other  species  of  ani- 
mal life  are  permitted,  or  if  upon  the  floor,  the  sides  and  walls  any 
milk  or  its  products,  or  if  any  other  filth  is  allowed  to  accumulate  and 
ferment  and  decay,  or  if  the  bodies  or  wearing  apparel  of  persons  em- 


281  DAIRIES.  Act  876,  §§4-6 

ployed,  or  coming  in  contact  with  any  milk  or  its  products  in  any 
creamery,  or  factory  of  any  dairy  products,  shall  be  unclean  and  not 
washed  from  time  to  time, 

§  4.  No  person  or  persons,  firms  or  corporations,  by  themselves  or 
their  agents  or  employees,  shall  sell,  expose  for  sale,  or  exchange,  pre- 
sent or  deliver  to  any  creamery,  cheese  factory,  milk  condensing  factory, 
ice-cream  producer,  or  any  other  buyer,  or  consumer,  any  milk,  or  any 
product  manufactured  or  prepared  therefrom,  to  which  any  compound 
containing  salicylic  acid,  formaldehyde,  coloring  matter  or  any  other 
chemical  or  preparation  other  than  common  salt,  or  sodium  chloride, 
shall  have  been  added  with  intent  to  prevent  fermentation,  or  to  change 
the  color  (in  case  of  milk  and  cream);  provided,  that  such  person  or 
persons,  firms  or  corporations  or  their  agents  or  employees  may  use 
preparations  of  boron  to  prevent  fermentation  in  milk  or  its  products, 
but  whenever  any  preparation  of  boron  is  used  for  such  purpose,  each 
and  every  package  or  container  of  milk  or  its  products  shall  have 
plainly  marked  thereon,  the  fact  that  it  contains  such  preparation  of 
boron. 

Neither  shall  any  gelatine,  or  other  substance,  be  added  to  milk  or 
cream  with  intent  to  increase  its  viscosity  or  otherwise  cause  it  to  ap- 
pear better  in  quality  than  it  is,  except  each  and  every  package  and 
container  of  such  milk  or  cream  shall  have  marked  thereon  in  a  man- 
ner, or  be  accompanied  by  a  statement,  to  be  prescribed  by  the  state 
dairy  bureau,  showing  the  nature  of  the  substance  added;  provided, 
that  this  section  shall  not  be  construed  to  prevent  the  use  of  harmless 
coloring  matter  in  butter,  ice-cream  or  confectionery  into  which  milk  or 
its  products  enter. 

§  5.  No  person  or  persons,  firms  or  corporations,  by  themselves  or 
their  agents  or  employees,  shall  manufacture  for  sale,  offer  for  sale, 
expose  for  sale,  or  have  in  his  or  their  possession  for  sale,  any  package 
of  butter  upon  which,  or  upon  the  wrapper  or  container  of  which,  there 
shall  be  printed,  or  otherwise  marked,  the  word  pasteurize,  or  any  of 
its  derivatives  unless  in  the  process  of  the  manufacture  of  the  butter 
contained  therein  either  the  milk  or  cream  from  which  the  same  was 
made  shall  have  been  exposed  to  a  temperature  exceeding  one  hundred 
and  fifty  degrees  Fahrenheit. 

§  6.  In  case  any  butter  is  sold  or  offered  for  sale  in  a  package  or 
wrapper  purporting  to  designate  the  producer  of  such  butter,  such  pro- 
ducer must  be  correctly  designated;  and  if  under  a  label  purporting  or 
calculated  to  designate  the  place  of  production,  specifying  county  and 
state,  must  be  correctly  designated.  No  person,  firm  or  corporation 
shall  put  up  in  package  or  wrapper  or  otherwise  prepare  for  shipment 
or  sale  any  butter  under  label  purporting  to  designate  the  producer  or 
place  of  production,  except  in  accordance  with  the  provisions  herein; 
nor  shall  any  person  sell  or  offer  for  sale  any  butter  in  a  package  or 
wrapper  purporting  to  designate  the  name  of  the  producer  or  the  place 
of  production  except  in  accordance  with  the  provisions  herein. 


Act  876,  §§7-9  GENERAL  LAWS.  282 

§  7.  It  shall  be  the  duty  of  the  state  dairy  bureau,  now  existing 
under  the  laws  of  this  state,  to  carry  out  and  enforce  the  provisions  of 
this  act,  and  it  is  authorized  and  directed  under  this  act  out  of  the 
money  appropriated  as  provided  herein,  to  employ  such  assistant  agents 
as  inspectors  as  it  may  deem  necessary  and  to  fix  their  compensation 
not  to  exceed  $4  per  day,  exclusive  of  their  necessary  and  actual 
expenses,  such  expenses  to  be  itemized  and  rendered  under  oath,  or 
$100  per  month  exclusive  of  their  necessary  and  actual  expenses. 
Such  agents  shall  have  had  experience  in  the  manufacture  of  dairy 
products  and  the  handling  of  dairy  cattle.  In  carrying  out  the  pro- 
visions of  this  act  the  secretary  and  agent  of  the  state  dairy  bureau 
shall  receive,  in  addition  to  the  salary  now  received  under  the  provisions 
of  the  act  creating  said  state  dairy  bureau,  such  additional  compensa- 
tion as  the  dairy  bureau  may  see  fit,  but  not  to  exceed  $100  per 
month  to  be  drawn  from  the  amount  appropriated  herein.  The  state 
dairy  bureau  through  its  ageut  and  secretary,  and  assistant  agents  shall 
inspect  the  dairies,  dairy  cattle,  creameries  and  other  factories  of 
dairy  products,  markets,  and  other  places  where  dairy  products  are  pre- 
pared or  handled,  and  keep  a  careful  record  of  such  inspection  and 
report  the  same  to  the  state  dairy  bureau,  and  upon  evidence  obtained 
that  any  of  the  provisions  of  this  act  are  being  violated,  the  state  dairy 
bureau,  through  its  agent  and  secretary,  or  its  assistant  agents,  shall 
duly  enter  complaint  against  the  party  or  parties,  responsible  for  such 
violations  and  cause  the  same  to  be  prosecuted,  except  in  cases  where 
any  dairy,  creamery  or  other  factory  of  milk  products  or  store  or  depot 
where  milk  and  its  products  are  handled  and  sold,  is  found  to  be  in 
an  unsanitary  condition,  in  which  case  the  agent  and  secretary,  or  the 
assistant  agent,  for  the  district  in  which  the  violation  occurred,  shall 
serve  upon  the  owner,  or  owners,  or  person  in  charge  of  the  dairy, 
creamery  or  other  factory  of  milk  products  so  found  to  be  in  an  un- 
sanitary condition,  a  written  notice  specifying  in  detail  such  changes 
that  are  to  be  made  that  Avill  place  such  dairy,  creamery,  or  other 
factory  of  milk  products  or  store  or  depot  in  a  sanitary  condition  as 
defined  in  this  act.  Should  such  changes  not  have  been  made  at  the 
expiration  of  thirty  daj^s  after  the  date  when  the  notice  was  served, 
the  state  dairy  bureau,  through  its  agent  and  secretary,  or  its  assistant 
agents,  shall  enter  complaint  against  the  person  or  persons  responsible 
for  such  unsanitary  conditions  and  cause  them  to  be  prosecuted  for 
violating  this  act. 

§8.  The  state  dairy  bureau  is  authorized  under  this  act  to  gather 
and  compile  statistics  relative  to  the  dairy  industry  and  to  disseminate 
the  same  and  other  information  useful  to,  and  to  the  general  good  and 
development  of  the   dairy  industry   of  the   state. 

§  9.  Whenever  any  agent  or  inspector  of  the  state  dairy  bureau  shall 
discover  the  existence  of  any  contagious  or  infectious  disease  among 
dairy  cattle,  or  have  good  reason  to  believe  that  such  disease  may  ex 
ist  the  same  shall  be  immediately  reported  to  the  state  veterinarian. 


283  DAIRIES.  Act  877 

§  10.  Whoever  sliall  violate  any  of  the  provisions  of  this  act  shall 
be  deemed  guilty  of  misdemeanor,  and  upon  conviction  thereof  shall  be 
jiunished  by  a  fine  of  not  less  than  ten  dollars  nor  more  than  two  hun- 
dred dollars  or  by  imprisonment  in  the  county  jail  for  a  period  of  not 
less  than  ten  days  nor  more  than  one  hundred  days,  or  by  both  such 
fine  and  imprisonment.  Any  person  or  persons  who  shall  hinder  or 
prevent  an  agent  or  inspector  of  the  state  dairy  bureau,  in  the  per- 
formance of  his  duty  under  this  act,  shall  likewise  be  deemed  guilty  of 
a  misdemeanor,  and  upon  conviction,  shall  be  fined  as  already  provided 
in  this  act.  One-half  of  all  fines  imposed  for  the  violation  of  this  act 
shall  be  paid  to  the  state  dairy  bureau  which  shall  pay  the  same  to 
the  state  treasurer  and  the  same  shall  become  a  part  of  the  appropria- 
tion under  this  act.  The  remaining  one-half  of  such  fines  shall  be  paid 
to  the  county  in  which  the  fine  is  imposed. 

§  11.  It  shall  be  the  duty  of  the  district  attorney,  upon  application 
of  the  state  dairy  bureau,  through  its  agent  and  secretary,  or  assistant 
agents  to  attend  to  the  prosecution,  in  the  name  of  the  people,  of  any 
suit  brought  for  the  violation  of  any  of  the  provisions  of  this  act 
within  his  district. 

§  12.  There  is  hereby  appropriated  for  the  use  of  the  state  dairy 
bureau  in  enforcing  and  carrying  out  the  provisions  of  this  act,  out  of 
any  money  in  the  state  treasury  not  otherwise  appropriated,  the  sum 
of  one  thousand  five  hundred  dollars  ($1,500)  for  the  remainder  of  the 
fifty-sixth  fiscal  year;  five  thousand  dollars,  ($5,000)  for  the  fifty-seventh 
fiscal  year  and  five  thousand  dollars  ($5000)  for  the  fifty-eighth  fiscal 
year.  All  salaries,  fees,  costs  and  expenses  shall  be  drawn  from  the 
money  so  appropriated,  and  the  state  controller  shall  draw  his  warrant 
on  the  state  treasury  in  favor  of  the  person  or  persons  entitled  to  the 
same. 

§  13.  An  act  approved  March  22,  1899,  entitled  "An  act  to  provide 
for  the  inspection  of  dairies,  factories  of  dairy  products,  and  of  dairy 
products  as  to  their  sanitary  condition,  and  as  to  the  health  of  stock; 
to  prevent  the  sale  of  milk  and  products  of  milk  drawn  from  diseased 
animals;  to  prevent  the  spread  of  infectious  and  contagious  diseases 
common  to  stock,  and  to  appropriate  money  therefor,"  and  all  other 
acts  or  parts  of  acts  inconsistent  with  this  act   are  hereby   repealed. 

§  14.     This  act  shall  take  effect  thirty  days  after  its  passage. 

ACT  877. 

To  provide  for  the  inspection  of  dairies,  factories  of  dairy  products,  and 
of  dairy  products  as  to  their  sanitary  condition  and  as  to  the  health 
of  stock;  to  prevent  the  sale  of  milk  and  the  products  of  milk 
drawn  from  diseased  animals;  to  prevent  the  spread  of  infectious 
and  contagious  diseases  common  to  stock.  [Stats.  1899,  p.  171.] 
Eepealed  1905,  p.  467.      See  ante,  Act  876. 


-e-E^Stil.  Li-STi 


ACT  5S1 

^s  $  £,  &»3.  ISF:.  j.  iS$;  Safs.  li»C^  31.  SIS,  |5  a.  IE. 

TTTIM  lis. 

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§2.    Ttjet  fnr  ti^  Turrii^ses  i^  -afe  set  -ae  state  »aJI  fe  firiisS  isto 


285  DEATHS.  Act  897,  §§  3,  4 

porated  town,  and  each  county  exclusive  of  the  portion  included  within 
cities  and  incorporated  towns,  shall  constitute  a  primary  registration 
district. 

§  3.  That  the  recorder  of  each  county  and  city  and  county,  and  the 
clerk  of  each  city  or  incorporated  town,  shall  be  the  local  registrar  in 
and  for  such  primary  registration  district  and  shall  perform  all  such 
duties  of  local  registrar  as  hereinafter  provided;  provided  however,  that 
in  cities  having  a  freeholders'  charter  the  health  officer  shall  act  as 
local  registrar  and  perform  all  the  duties  thereof.  Each  local  registrar 
shall  immediately  appoint  in  writing,  a  deputy  who  shall  be  authorized 
to  act  in  his  stead  in  case  of  absence,  death,  illness  or  disability,  and 
when  it  may  appear  necessary  for  the  convenience  of  the  people  in 
any  registration  district,  the  local  registrar  is  hereby  authorized  with 
the  approval  of  the  state  registrar  of  vital  statistics  to  appoint  one  or 
more  proper  and  competent  persons  to  act  as  subregistrars,  who  shall 
be  authorized  to  receive  certificates  of  death  and  to  issue  burial  per- 
mits or  removal  permits  in  and  for  such  portions  of  the  registration 
district  as  may  be  designated.  Each  subregistrar  shall  note  in  legible 
writing  over  his  signature,  the  date  each  certificate  of  death  was  filed, 
and  shall  forthwith  forward  the  certificate  to  the  local  registrar  of  the 
registration  district,  and  in  all  cases  before  the  fifth  day  of  the  follow- 
ing month;  provided,  that  all  subregistrars  shall  be  subject  to  the 
supervision  and  control  of  the  state  registrar  of  vital  statistics, 
[Amendment  approved  March  15,  1907.     Stats.  1907,  p.  297.] 

§4.  That  the  body  or  remains  of  no  person  whose  death  occurs  in 
the  state  shall  be  interred,  deposited  in  a  vault,  grave  or  tomb,  ere- 
mated,  disinterred  or  otherwise  disposed  of,  or  removed  from  or  into 
any  registration  district  until  a  permit  for  burial,  disinterment  or  re- 
moval shall  have  been  properly  issued  by  the  registrar  of  the  registra- 
tion district  in  which  the  death  occurs,  except  in  the  case  where  there 
are  two  or  more  registration  districts  within  the  same  county,  or  where 
there  are  two  contiguous  registration  districts  not  in  the  same  county, 
a  body  may  be  removed  from  the  registration  district  where  the 
death  occurred  to  another  registration  district  within  the  same  county, 
or  contiguous  registration  districts  in  different  counties,  for  the  pur- 
pose of  preparing  said  body  for  burial  or  shipment,  provided  that  be- 
fore such  burial  or  shipment  the  undertaker,  sexton  or  other  person  in 
charge  shall  have  first  secured  a  permit  for  the  interment  or  removal 
of  said  body  from  the  registrar  of  the  registration  district  where  the 
death  occurred.  And  no  such  burial  or  removal  permit  shall  be  issued 
by  any  registrar  until  a  complete  and  satisfactory  certificate  and  re- 
turn of  the  death  has  been  filed  with  him,  as  hereinafter  required; 
provided  that  in  case  of  any  death  outside  of  the  state,  where  the  body 
is  accompanied  by  a  removal  or  transit  permit  issued  in  accordance 
with  the  law  and  the  health  regulations  in  force  where  the  death  oc- 
curred, such  removal  or  transit  permit  shall  be  accepted  as  of  the  same  au- 
thority as  a  permit  from  the  local  registrar  when  such  removal  or  transit 
permit   shall   have   indorsed   thereon    the   written    approval    of   the    state 


Act  897,  §§  5,  6  GENERAL  LAWS.  286 

registrar  of  vital  statistics,  or  when  said  state  registrar  otherwise  offi- 
cially notifies  the  local  registrar  of  his  approval.  [Amendment  ap- 
proved March  15,  1907.     Stats.  1907,  p.  297.] 

§  5.  Stillborn  children,  or  those  dead  at  birth,  shall  be  registered  as 
deaths  under  this  act,  and  a  certificate  of  death  and  burial  or  removal 
permit  in  usual  form  shall  be  required.  The  medical  certificate  of 
cause  of  death  shall  be  signed  by  the  attending  physician  or  midwife, 
and  shall  state  the  cause  of  death  as  "stillborn,"  with  the  cause  of  the 
stillbirth,  whether  a  premature  birth,  and  if  born  prematurely,  the  pe- 
riod of  uterogestation  in  months,  if  known. 

§  6.  That  the  certificate  of  death  shall  be  of  the  standard  form  rec- 
ommended by  the  United  States  Census  Office  and  the  American  Pub- 
lic  Health   Association,   and   shall   contain   the   following  items: 

(1)  Place  of  death,  including  state,  county,  township  or  town,  city  or 
village.  If  in  a  city  the  ward,  street  and  house  number.  If  in  a  hos- 
pital, or  other  institution,  the  name  of  the  same  to  be  given  instead  of 
the  street  and  house  number. 

(2)  Full  name  of  decedent.  If  an  unnamed  child  the  surname,  pre- 
ceded by  "unnamed." 

(3)  Sex. 

(4)  Color  or  race — as  white,  black  (negro  or  negro  descent),  Indian, 
Chinese,  Japanese,  or  other. 

(5)  Conjugal  condition — as  single,  married,  widowed,  or  divorced. 

(6)  Date  of  birth,  including  the  year,  month  and  day. 

(7)  Age,  in  years,  months  and  days. 

(8)  Place  of  birth;  state  or  foreign  country, 

(9)  Name  of  father. 

(10)  Birthplace  of  father;  state  or  foreign  country. 

(11)  Maiden  name  of  mother. 

(12)  Birthplace  of  mother;  state  or  foreign  country. 

(13)  Occupation;  the  occupation  to  be  reported  of  any  person  who 
had  any  remunerative  employment — women  as  well  as  men. 

(14)  Signature  and  address  of  informant. 

(15)  Date  of  death,  including  the  year,  month,  and  day. 

(16)  Statement  of  medical  attendance  on  decedent,  fact  and  time  of 
death,  including  the  time  last  seen  alive. 

(17)  Cause  of  death,  including  the  primary  and  immediate  causes, 
and  contributory  causes  or  complications,  if  any,  and  the  duration  of 
each. 

(18)  Signature  and  address  of  physician  or  official  making  the  medi- 
cal certificate. 

(19)  Special  information  concerning  deaths  in  hospitals  and  institu- 
tions and  of  persons  dying  away  from  home,  including  the  former  or 
usual  residence,  length  of  time  at  place  of  death,  and  place  where  the 
disease  was  contracted. 

(20)  Place  of  burial   or  removal. 

(21)  Date  of  burial  or  removal. 


287  DEATHS.  Act  897,  §§  7,  8 

(22)  Signature  and  address  of  undertaker. 

(23)  Oflicial  signature  of  registrar  with  date  when  certificate  was 
filed  and  registered  number. 

The  certificate  shall  be  written  legibly  in  permanent  black  ink,  type- 
written or  printed,  and  no  certificate  shall  be  held  to  be  complete  and 
correct  that  does  not  supply  all  of  the  items  of  information  specified 
above  or  satisfactorily  account  for  the  omission  of  any  of  said  items. 

The  personal  and  statistical  particulars  (items  1  to  13)  or  such  other 
items  as  shall  be  required  by  the  state  registrar  shall  be  authenticated 
by  the  signature  of  the  informant,  who  may  be  any  competent  person 
acquainted  with  the  facts. 

The  statement  of  facts  relating  to  the  disposition  of  the  body  shall 
be  signed  by  the  undertaker  or  person  acting  as  si  ch. 

The  medical  certificate  shall  be  made  and  signed  by  the  physician,  if 
any,  last  in  attendance  on  the  deceased,  who  shall  specify  the  time  in 
attendance,  the  time  he  last  saw  the  deceased  alive,  and  the  hour  of 
the  day  at  which  death  occurred.  He  shall  further  state  the  cause  of 
'death  so  as  to  show  the  course  of  disease  or  sequence  of  causes  re- 
sulting in  death,  giving  the  primary  and  immediate  causes,  and  con- 
tributing causes,  if  any,  and  the  duration  of  each.  Indefinite  and  un- 
satisfactory terms  indicating  only  symptoms  of  disease  or  conditions 
resulting  from  disease  will  not  be  held  sufficient  for  issuing  a  burial 
or  removal  permit,  and  any  certificate  containing  only  such  terms,  as 
defined  by  the  state  registrar,  shall  be  returned  to  the  physician  for 
correction  or  definition.  Causes  of  death  which  may  be  the  result  of 
either  disease  or  violence  shall  be  carefully  defined;  and,  if  from  vio- 
lence, its  nature  shall  be  stated,  and  whether  accidental,  suicidal  or 
homicidal.  For  cause  of  deaths  in  hospitals,  institutions,  or  away  from 
home,  the  physician  shall  furnish  the  information  required  under  this 
head,  and  shall  state  where,  in  his  opinion,  the  disease  was  contracted. 
The  cause  of  death  and  all  other  facts  required  shall  in  all  cases  be 
stated  in  accordance  with  the  instructions  and  directions  of  the  state 
registrar. 

§7.  In  case  of  any  death  occurring  without  medical  attendance,  it 
shall  be  the  duty  of  the  undertaker  to  notify  the  registrar  of  such 
death  and  when  so  notified  the  registrar  shall  refer  the  ease  to  the 
coroner  for  his  investigation  and  certification,  and  the  coroner  shall 
within  three  days  after  the  inquest  furnish  the  local  registrar  where 
such  death  occurs  a  certificate  in  form  and  substance  as  required  by  the 
state  registrar  and  containing  as  many  of  the  facts  required  by  this 
act  as  can  be  ascertained.  Said  local  registrar  shall  then  forthwith 
transmit  such  certificate  to  the  state  registrar,  retaining  a  copy  thereof 
on  file  in  his  office. 

§  8.  The  undertaker,  or  person  acting  as  undertaker,  shall  be  re- 
sponsible for  obtaining  and  filing  the  certificate  of  death  with  the  reg- 
istrar and  securing  a  burial  or  removal  permit  prior  to  any  disposition 
of   the  body.     He  shall  obtain  the  personal   and  statistical  particulars 


Act   897,  §§  9,  10  GENERAL  LAWS.  288 

required  from  the  person  best  qualified  to  supply  them  over  the  signa- 
ture and  address  of  his  informant.  He  shall  then  present  the  certificate 
to  the  attending  physician,  if  any,  or  to  the  health  officer  or  coroner, 
as  directed  by  the  registrar,  for  the  medical  certificate  of  the  cause  of 
death  and  other  particulars  necessary  to  complete  the  record,  as  spe- 
cified in  the  preceding  section.  And  he  shall  then  state  the  facts  re- 
quired relative  to  the  date  and  place  of  burial  over  his  signature  and 
with  his  address,  and  present  the  completed  certificate  to  the  registrar 
within  the  time  limit,  if  any,  designated  by  the  local  board  of  health 
for  the  issuance  of  a  burial  or  removal  permit.  The  undertaker  shall 
deliver  the  burial  permit  to  the  sexton  or  person  in  charge  of  the  prem- 
ises before  interring  the  body,  or  attach  it  to  the  box  containing  the 
corpse,  when  shipped  by  any  transportation  company,  to  accompany 
same  to  destination,  when  it  shall  be  accepted  by  the  sexton  as  author- 
ity for  the  interment  of  the  body. 

§9.  It  shall  be  the  duty  of  each  local  registrar  to  supply  to  any  ^ 
persons  requiring  them,  blank  forms  of  certificates  prepared  and  fur- ' 
nished  by  the  board  of  supervisors  of  the  county.  lie  shall  carefully 
examine  each  certificate  when  presented  for  record  to  see  that  it  has 
been  made  out  in  accordance  with  the  provisions  of  this  act,  and  the 
instructions  of  the  state  registrar,  and  if  any  certificate  is  incomplete 
or  unsatisfactory,  it  shall  be  his  duty  to  call  attention  to  the  defects 
in  the  return  and  to  withhold  issuing  the  burial  or  removal  permit  un- 
til they  are  corrected.  He  shall  then  number  them  in  consecutive  order, 
beginning  with  number  one  for  the  first  death  in  each  calendar  year, 
and  sign  his  name  as  registrar  in  attest  of  the  date  of  filing  in  his 
ofiice.  If  the  certificate  is  properly  executed  and  complete,  he  shall 
then  issue  a  burial  or  removal  permit  to  the  undertaker;  provided,  that 
in  case  the  death  occurred  from  some  disease  that  is  held  by  the  state 
board  of  health  to  be  infectious,  contagious,  or  communicable  and  dan- 
gerous to  the  public  health,  no  permit  for  the  removal  or  other  disposi- 
tion of  the  body  shall  be  granted  by  the  registrar  except  under  such 
conditions  as  may  be  prescribed  by  the  state  and  local  boards  of  health. 
He  shall  also  make  a  complete  and  accurate  copy  of  each  certificate 
registered  by  him,  upon  a  form  identical  with  the  original  certificate, 
to  be  filed  and  permanently  preserved  in  his  office  as  the  local  record 
of  such  death,  in  such  manner  as  directed  by  the  state  registrar.  He 
shall,  on  or  before  the  fifth  day  of  each  month,  transmit  to  the  state 
registrar  all  original  certificates  registered  by  him  during  the  preced- 
ing month.  If  no  deaths  occurred  in  any  month  he  shall,  on  or  before 
the  fifth  day  in  any  month,  report  that  fact  to  the  state  registrar  in 
such  manner  as  the  state  registrar  shall  direct.  [Amendment  approved 
March   15,  1907.     Stats.   1907,  p.   298.] 

§10.  If  the  interment  or  other  disposition  of  the  body  is  to  be  made 
in  the  registration  district  in  which  the  death  occurred,  or  in  a  con- 
tiguous registration  district  in  the  same  or  an  adjoining  county,  the 
wording  of   the   burial   permit  may  be   limited   to   a   statement   by   the 


289  DEATHS.  Act  897,  §§  11,  12 

registrar,  and  over  Lis  signature,  that  a  satisfactorj-  certificate  of  death 
having  been  filed  with  him  as  required  by  law,  permission  is  granted 
to  inter,  remove  or  otherwise  dispose  of  the  body  of  the  deceased, 
stating  the  name,  age,  sex,  and  cause  of  death  and  other  necessary 
details  upon  the  form  prescribed  by  the  state  registrar.  In  case  the 
interment  or  other  disposition  of  the  body  is  to  be  made  in  some  reg- 
istration district  not  contiguous  to  that  in  which  the  death  occurred, 
a  complete  copy  of  the  certificate  of  death  shall  be  attached  to  and 
made  a  part  of  the  removal  permit  issued  by  the  registrar  of  the 
district  in  which  the  death  occurred.  [Amendment  approved  March  15, 
1907.     Stats.  1907,  p.  298.] 

§  11.  No  sexton  or  person  in  charge  of  any  premises  in  which  inter- 
ments are  made  shall  inter  or  permit  the  interment  of  any  body  unless 
it  is  accompanied  by  a  burial,  removal,  or  transit  permit  as  herein  pro- 
vided. Each  sexton  or  person  in  charge  of  any  burial  ground  shall 
indorse  upon  the  permit  the  date  of  interment,  over  his  signature,  and 
shall  return  all  permits,  so  indorsed,  to  the  local  registrar  of  his  district 
within  one  day  from  the  date  of  interment.  He  shall  also  keep  a  rec- 
ord of  all  interments  made  in  the  premises  under  his  charge,  stating 
the  name  of  the  deceased  person,  place  of  death,  date  of  burial,  and 
name  and  address  of  the  undertaker,  which  record  shall  at  all  times 
be   open  to  public  inspection. 

§  12.  The  state  registrar  shall  prepare  a  sample  form  and  blank  for 
all  registrars  for  use  in  registering,  recording  and  preserving  the  re- 
turns or  in  otherwise  carrying  out  the  purposes  of  this  act,  and  shall 
prepare  and  issue  such  detailed  instructions  as  may  be  required  to 
secure  the  uniform  observance  of  its  provisions  and  the  maintenance  of 
a  perfect  system  of  registration.  No  other  forms  of  blanks  shall  be 
used  than  those  prescribed  by  the  state  registrar.  He  shall  carefully 
examine  the  certificates  received  monthly  from  the  local  registrars,  and 
if  any  such  are  incomplete  or  unsatisfactory  he  shall  require  such  fur- 
ther information  to  be  furnished  as  may  be  necessary  to  make  the 
record  satisfactory.  All  physicians,  informants,  or  undertakers  con- 
nected with  the  case,  and  all  other  persons  having  knowledge  of  the 
facts,  are  hereby  required  to  furnish  such  information  as  they  may 
possess  regarding  any  death,  upon  demand  of  the  state  registrar,  in 
person,  by  mail,  or  through  the  local  registrar.  He  shall  further  ar- 
range, bind  and  permanently  preserve  the  certificates  in  a  systematic 
manner,  and  shall  prepare  and  maintain  a  comprehensive  index  of  all 
deaths  registered,  showing  the  name  of  deceased,  place  and  date  of 
death,  number  of  certificate,  and  the  volume  in  which  it  is  contained. 
He  shall  inform  all  registrars  what  diseases  are  to  be  considered  as 
infectious,  contagious,  or  communicable,  and  dangerous  to  the  public 
health,  as  decided  by  the  state  board  of  health,  in  order  that  when 
deaths  occur  from  such  diseases  proper  precautions  may  be  taken  to 
prevent  the  spreading  of  dangerous  diseases,  and  all  rules  and  regula- 
tions made  by  him  for  carrying  out  and  enforcing  the  purposes  of  this 
Gen.  Laws — 19 


Act  897,  §§  13,  14  GENERAL  LAWS,  290 

act  shall,  when  promulgated,  have  the  same  force  and  effect  as  if  en- 
acted by  law. 

§13.  Whenever  it  may  be  alleged  that  the  facts  are  not  correctly 
stated  in  any  certificate  of  death  theretofore  registered,  the  local  regis- 
trar shall  require  an  affidavit  under  oath  to  be  made  by  the  person 
asserting  the  fact,  to  be  supported  by  the  affidavit  of  one  other  credible 
person  having  knowledge  of  the  facts,  setting  forth  the  changes  neces- 
sary to  make  the  record  correct.  Having  received  such  affidavits,  the 
local  registrar  shall  file  them  and  shall  then  draw  a  line  through  the 
incorrect  statement  or  statements  in  the  certificate,  without  erasing 
them,  and  make  the  necessary  corrections,  noting  on  the  margin  of  the 
certificate  his  authority  for  so  doing,  and  transmit  the  affidavits,  at- 
tached to  the  original  certificate,  when  making  his  regular  monthly 
returns  to  the  state  registrar.  If  the  correction  relates  to  a  certificate 
previously  retxirned  to  the  state  registrar,  the  local  registrar  shall  trans- 
mit the  affidavit  forthwith  to  the  state  registrar.  If  the  correction  is 
first  made  upon  the  original  certificate  on  file  in  the  state  bureau  of 
vital  statistics,  the  state  registrar  shall  transmit  a  certified  copy  of  the 
original  certificate,  corrected  as  above,  to  the  local  registrar,  who  shall 
thereupon  substitute  such  certified  copy  for  the  copy  of  the  certificate 
in  his  records.  All  such  corrections  and  marginal  notes  referring  to 
them  shall  be  legibly  written  in  ink,  typewritten  or  printed.  [Amend- 
ment approved  March  15,  1907.     Stats.  1907,  p.  298.] 

§14.  Each  local  registrar  shall  be  entitled  to  be  paid  the  sum  of 
not  exceeding  twenty-five  cents  for  each  death  certificate  properly  and 
completely  made  out  and  registered  with  him,  and  by  him  returned  to 
the  state  registrar  on  or  before  the  fifth  day  of  the  following  month, 
which  sum  shall  cover  and  include  the  making  out  of  the  burial  permit 
and  the  copy  of  the  certificate  to  be  filed  and  preserved  in  his  office. 
And  in  case  no  deaths  were  registered  during  any  month,  the  local 
registrar  shall  be  entitled  to  a  sum  not  exceeding  twenty-five  cents  for 
each  report  to  that  effect,  promptly  made  in  accordance  with  the  direc- 
tions of  the  state  registrar:  provided,  however,  that  all  such  compensa- 
tion for  such  services  shall  be  fixed  by  the  board  of  supervisors,  city 
council,  trustees  or  other  governing  body  of  such  county,  city  and 
county,  city  or  town,  constituting  such  registration  district. 

All  amounts  payable  to  registrars  under  the  provisions  of  this  act 
shall  be  paid  out  of  the  funds  provided  by  the  supervisors,  council, 
trustees,  or  other  governing  body  of  such  county,  city  and  county,  city 
or  town,  constituting  a  primary  registration  district,  upon  w.-irrants 
drawn  by  the  local  auditor  or  other  proper  local  officer  of  such  county, 
city  and  count}',  city  or  town,  which  warrants  shall  specify  the  num- 
ber of  certificates  properly  registered  and  also  the  number  of  reports 
promptly  returned  where  no  deaths  are  registered,  with  the  amount 
claimed  to  be  due  for  each:  provided,  however,  that  a  warrant  shall  not 
be  issued  to  any  local  registrar,  or  if  issued  shall  not  be  paid,  where 
notice  is  previously  given  by  the  state  registrar  to  the  auditor,  treas- 


291  DEATHS.  Act  897,  §§  15-17 

urer  or  other  proper  officer  of  such  county,  city  and  county,  city  or 
town  constituting  such  registration  district,  that  the  local  registrar 
claiming  any  fee  has  failed  to  comply  with  the  rules  and  regulations  of 
the  state  bureau  of  vital  statistics  and  the  instructions  of  the  stat£ 
pcgistiar. 

Each  subregistrar  shall  be  entitled  to  be  paid  the  sum  of  not  exceed- 
ing fifteen  cents  for  each  death  certificate  properly  and  completely  regis- 
tered with  him,  and  by  him  returned  to  the  local  registrar  before  the 
fifth  day  of  the  following  month.  All  amounts  payable  to  subregistrars 
shall  be  paid  to  them  by  the  local  registrars  appointing  them  from 
the  amounts  received  by  the  local  registrars  as  hereinbefore  provided. 
[Amendment  approved  March  15,  1907.     Stats.  1907,  p.  299.] 

§  15.  The  state  registrar  or  local  registrar  shall,  upon  request,  fur- 
nish any  person  a  certified  copy  of  the  record  of  any  death  registered 
under  provisions  of  this  act,  for  the  making  and  certification  of  which 
he  shall  be  entitled  to  a  fee  of  fifty  cents  to  be  paid  by  the  applicant. 
And  any  such  copy  of  the  record  of  a  death,  when  certified  by  the  state 
registrar  or  local  registrar  to  be  a  true  copy  thereof,  shall  be  prima 
facie  evidence  in  all  courts  and  places  of  the  facts  therein  stated.  For 
any  search  of  the  files  and  records,  when  no  certified  copy  is  made,  the 
state  registrar  or  local  registrar  shall  be  entitled  to  a  fee  of  fifty  cents, 
to  be  paid  by  the  applicant,  for  each  hour  or  fractional  part  of  an  hour 
employed  in  such  search.  And  the  state  registrar  or  local  registrar 
shall  keep  a  full  and  correct  account  of  all  fees  received  by  him  under 
these  provisions  and  deposit  such  money  with  the  state  treasurer  who 
shall  credit  the  amount  to  the  fund  provided  and  to  be  used  for  the 
payment  of  the  traveling  and  contingent  expenses  of  the  state  board  of 
health,     [Amendment  approved  March  15,  1907.     Stats,  1907,  p.  300.] 

§  16.  Every  physician  and  undertaker,  residing  in,  at  the  date  of 
this  act  or  thereafter  establishing  a  residence  in,  any  registration  dis- 
trict, shall  forthwith  register  his  or  her  name,  address,  and  occupation, 
with  the  local  registrar  of  the  district  in  which  he  or  she  resides,  and 
they  shall  thereupon  be  furnished  by  the  registrar  a  copy  of  this  act 
and  such  rules,  regulations,  and  instructions  as  may  be  prepared  by  the 
state  registrar  with  relation  to  their  duties  under  this  act, 

§17,  If  any  physician  who  was  in  medical  attendance  upon  any  de- 
ceased person  at  the  time  of  death  shall  neglect  or  refuse  to  make  out 
and  deliver  to  the  undertaker,  sexton,  or  other  person  in  charge  of  the 
interment,  removal,  or  other  disposition  of  the  body,  upon  request,  the 
medical  certificate  of  cause  of  death  hereinbefore  provided  for,  or  shall 
willfully  or  knowingly  make  a  false  certification  of  the  cause  of  death 
in  any  case,  he  shall  be  deemed  guilty  of  a  misdemeanor. 

If  any  undertaker,  sexton,  or  other  person  acting  as  undertaker,  shall 
inter,  remove,  or  otherwise  dispose  of  the  body  of  any  deceased  person 
without  having  received  a  burial  or  removal  permit  as  herein  provided, 
he  shall  be  deemed  guilty  of  a  misdemeanor. 


Acts  898,  903  GENERAL  LAW3.  292 

Any  registrar,  deputy  registrar  or  siibrcgistrar  who  shall  neglect  or 
fail  to  enforce  the  provisions  of  this  act  in  his  district,  or  shall  neglect 
or  refuse  to  perform  any  of  the  duties  imposed  upon  him  by  this  act  or 
by  the  instructions  and  directions  of  the  state  registrar,  shall  be  deemed 
guilty  of  a  misdemeanor. 

And  any  person  or  persons  who  shall  violate  any  of  the  provisions  of 
this  act,  or  shall  willfully  neglect  or  refuse  to  perform  any  duties  im- 
posed upon  them  by  the  provisions  of  this  act,  shall  be  deemed  guilty 
of  a  misdemeanor. 

Any  transportation  company  or  common  carrier  transporting  or  car- 
rying, or  accepting  through  its  agents  or  employees  for  transportation 
or  carriage,  the  body  of  any  deceased  person  without  an  accompanying 
permit,  issued  in  accordance  with  the  provisions  of  this  act,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
fined  not  less  than  fifty  nor  more  than  two  hundred  dollars. 

§  18.  Local  registrars  are  hereby  charged  with  the  strict  and  thorough 
enforcement  of  the  provisions  of  this  act  in  their  districts  under  the 
supervision  and  direction  of  the  state  registrar.  They  shall  make  an 
immediate  report  to  the  state  registrar  of  any  violations  of  this  law 
coming  to  their  notice  by  observation  or  upon  complaint  of  any  person 
or  otherwise.  The  state  registrar  shall  have  authority  to  investigate 
cases  of  irregularity  or  violation  of  law,  personally  or  by  accredited 
representative,  and  all  registrars  shall  aid  him,  upon  request,  in  such 
investigations.  When  hesliall  deem  it  necessary,  he  shall  report  cases 
of  violation  of  any  of  the  provisions  of  this  act  to  the  prosecuting  at- 
torney or  other  proper  officer  of  the  county  or  municipality,  with  a 
statemient  of  the  facts  and  circumstances,  and  when  any  such  case  is 
reported  to  them  by  the  state  registrar  all  prosecuting  attorneys  or 
officials  acting  in  such  capacity  shall  forthwith  initiate  and  promptly 
follow  up  the  necessary  court  proceedings  against  the  parties  responsible 
for  the  alleged  violations  of  law. 

§  19.  All  acts  and  parts  of  acts  in  conflict  or  inconsistent  with  the 
provisions  of  this  act  are  hereby  repealed. 

TITLE  131. 

DEBRIS  COMMISSIONER. 
ACT  8C8. 

To   provide  for  the   appointment,   duties   and   compensation   of   a   debris 
commissioner.     [Stats.  1893,  p.  339.] 
Amended  1897,  p.  169;    1901,  pp.  284,   564;   1905,  p.  142;   §  6  repealed  1901, 
p.  564. 

Repealed    1907,   pp.    215,  224. 

TITLE  132. 
DEEDS. 
ACT  903. 

Concerning  conveyances.      [Stats.  1850,  p.  249.] 
Citations.      Cal.  43/343  ;   54/483;   61/506;   64/269. 


293  DEL  NORTE  COUNTY— DENTISTRY.  Acts  904-921 

This    act   prescribed   the   manner   of   making   and   acknowledging    conveyances. 
It  was  superseded  by  the  codes. 

ACT  90i. 

Eeal  estate,  conveyances  of.     [Stats.  1873-74,  p.  345.] 

Citations.      Cnl.  154/89. 

Partly  codified  by  §  1096  of  Civil  Code.      It  relates  to  conveyances  by  persona 
whose  names  are  changed. 

TITLE  133. 
DEL  NORTE   COUNTY. 
ACT  909. 

To    establish   the   boundary  line  between   the   coTinty  of   TTumboldt   and 
the  counties  of  Del  Norte  and  Siskiyou.     [Stats.  1901,  p.  600.] 

ACT  910. 

Making  applicable  to  act  of  1871-72,  p.  203,  relating  to  fence  and  pound 

districts.     [Stats.  1875-76,  p.  391.] 
ACT  911. 

Provision  for  care  of  indigent  sick  of.     [Stats.  1871-72,  p.  169.] 
Superseded  by   subds.   5  and  6,  §  25,   County  Government  Act,   1897,   pp.  458, 
and  1901,  p.  630. 

ACT  912. 

Repealing  all  special  road  laws  in  force  and  relating  to.     [Stats.  1875-76, 

p.  335.] 
ACT  913. 

Supervisors,  changing  manner  of  electing.     [Stats.  1871-72,  p.  756.] 
Amended  1873-74,  p.  12.     Repealed  by  County  Government  Act,  1897,  p.  453. 

ACT  914. 

Superintendent  of  schools,  salary  of.     [Stats.  1875-76,  p.  507.] 
Repealed  by  County  Government  Act,   1897,  p.   569,  §  212. 

ACT  915. 

Treasurer  of,  bonds  of.     [Stats.  1877-78,  p.  2.] 
Superseded  by  County  Government  Act,   1897,  p.   475,  §  66. 

ACT  916. 

Transfer  of  swamp  land  fund  to  general  fund.     [Stats.  1875-76,  p.  143.] 
Superseded  by  subd.  18,  §  25,  County  Government  Act,   1897,  p. '463. 

TITLE  134. 
DENTISTRY. 
ACT  921. 

Insuring  the  better  education  of  practitioners  of  dental  surgery,  and  to 
regulate   the   practice   of   dentistry.     [Stats.    1885,   p.   110.] 
See  post.  Act  922. 


Act  922,  §§1-3  GENERAL  LAWS,  294 

Amended  1893,  p.  70.     Repealed  1901,  p.  564. 
Citations.      Cal.  144/168,   169,    170,   177;   154/359. 

ACT  922. 

An  act  to  insure  the  better  education  of  practitioners  of  dental  surgery, 
and  to  regulate  the  practice  of  dentistry  in  the  state  of  California, 
providing  penalties  for  the  violation  hereof,  and  to  repeal  an  act 
now  in  force  relating  to  the  same  and  known  as  "An  act  to  insure 
the  better  education  of  practitioners  of  dental  surgery,  and  to  regu- 
late the  practice  of  dentistry  in  the  state  of  California,  approved 
March  12,  1885." 

[Approved  March  23,  1901.  Stats.  1901,  p.  561.] 
Amended  1903,  p.  322;  1905,  p.  430;  1907,  p.  Ill;  1909,  p.  800. 
Citations.     Cal.  144/169,    170,    171,   177;    154/357,    358,    362. 

§  1.  It  shall  be  unlawful  for  any  person  to  engage  in  the  practice  of 
dentistry  in  the  state  of  California,  unless  said  person  shall  have  ob- 
tained a  license  from  a  board  of  dental  examiners,  duly  authorized  and 
appointed  under  the  provisions  of  this  act  to  issue  licenses;  provided, 
that  this  act  shall  not  affect  the  right  under  the  laws  of  the  state  of 
California,  of  dentists  to  practice  dentistry  who  have  lawful  right  to 
practice  dentistry  at  the  time  of  the  passage  of  this  act,  and  no  dentist 
shall  be  exempt  from  paying  an  annual  license  tax,  as  hereinafter  pro- 
vided. [Amendment  approved  April  6,  1909.  Stats.  1909,  p.  800.  In 
effect  immediately.] 

§  2.  A  board  of  dental  examiners  to  consist  of  seven  (7)  reputable 
and  ethical  practicing  dentists  is  hereby  created,  to  be  known  as  the 
board  of  dental  examiners  of  California,  whose  duty  it  shall  be  to  carry 
out  the  purposes  and  enforce  the  provisions  of  this  act.  The  members 
of  this  board  shall  be  appointed  by  the  governor  of  California,  all  of 
whom  shall  have  been  actively  and  legally  engaged  in  the  practice  of 
dentistry  in  the  state  of  California,  for  at  least  (5)  years  next  preced- 
ing the  date  of  their  appointment,  and  none  of  whom  shall  be  members 
of  the  faculty  of  any  dental  college,  or  dental  department  of  any  medical 
college,  in  the  state  of  California,  or  shall  have  any  financial  interest  in 
any  such  college.  The  said  seven  (7)  shall  compose  the  board  of  dental 
examiners  of  California.  The  term  for  which  the  members  of  said  board 
shall  hold  office  shall  be  four  (4)  years,  except  that  two  of  the  members 
of  the  board  first  to  be  appointed  under  this  act,  shall  hold  their  term  of 
office  for  the  term  of  one  year,  two  for  the  term  of  two  years,  two  for 
the  term  of  three  years,  and  one  for  the  term  of  four  years,  and  until 
their  successors  are  duly  appointed  and  qualified.  In  case  a  vacancy 
occurs  in  the  membership  of  said  board,  such  vacancy  shall  be  filled  by 
appointment  by  the  governor,  within  thirty  (30)  days  after  such  vacancy 
occurs. 

§  3.  It  shall  be  the  power  and  duty  of  said  board  to  elect  from  its 
membership   the  following   officers:    President,   treasurer   and   secretary. 


295  DENTISTRY.  Act  922,  §§  4-8 

The  secretary  shall  receive  such  compensation  as  may  be  fixed  by  the 
board,  which  shall  be  in  addition  to  his  per  diem  and  mileage  as  a 
member  of  the  board.  They  shall  meet  regularly  at  least  twice  each 
year,  at  such  time  and  place  as  the  board  may  designate,  for  the  pur- 
pose of  transacting  its  business,  and  special  meetings  may  bo  held  at 
such  other  times  as  the  board  may  elect,  or  on  the  call  of  the  president 
of  the  board,  or  of  not  less  than  four  (4)  members  thereof.  A  written 
notice  of  the  time,  place  and  object  of  such  special  meeting  shall  be 
mailed  by  said  secretary  to  all  the  members  not  parties  to  the  call,  at 
least  fifteen  (15)  days  before  the  day  of  meeting.  The  said  board  shall 
examine  all  applicants  for  licenses  to  practice  dentistry  according  to  the 
provisions  of  this  act;  collect  and  apply  all  fees  as  directed  by  this 
act;  keep  a  book  showing  the  names  of  all  persons  to  whom  licenses 
have  been  granted  by  said  board  to  practice  dentistry,  and  such  other 
books  as  may  be  necessary  to  plainly  show  all  the  acts  and  proceedings 
of  said  board;  have  and  to  use  a  seal  bearing  the  name  "Board  of  dental 
examiners  of  California."  [Amendment  approved  April  6,  1909.  Stats. 
1909,  p.  800.     In  effect  immediately.] 

§  4.  Out  of  the  funds  coming  into  the  possession  of  the  board,  eac[h 
member  of  said  board  may  receive  as  compensation  ten  dollars  ($10) 
for  each  day  actually  spent  in  attending  to  the  duties  of  his  office,  and 
mileage  at  the  rate  of  five  cents  ($.05)  per  mile  for  all  distances  actually 
traveled  in  going  to  and  coming  from  the  meetings  of  the  board.  Said 
expenses'  shall  be  paid  from  the  fees  and  fines  received  by  the  board 
under  the  provisions  of  this  act,  and  no  part  of  the  salary  or  other 
expenses  of  the  board  shall  ever  be  paid  out  of  the  state  treasury. 

§  5.  Each  member  of  the  board  shall,  upon  his  qualification  and  the 
organization  of  the  board,  file  with  the  secretary,  his  postoffice  address, 
and  thereafter  any  notice  of  any  change  therein.  Any  notice  sent  to  the 
address  so  on  file,  shall  be  deemed  to  comply  with  the  requirements  of 
this  act  as  to  notice  to  them. 

§  6.  All  books  of  said  board  shall  be  of  public  record  and  at  all 
times  duriug  business  hours  open  to  public  inspection.  A  certified  copy 
of  any  part  or  all  thereof  shall  be  primary  evidence  in  any  court  of 
this  state.  The  original  books  shall  be  kept  in  the  office  of  the  secretary 
of  said  board  wherever  he  may  reside,  and  he  shall  furnish  to  any  person 
making  application  therefor  a  copy  of  any  part  thereof,  upon  the  appli- 
cant paying  a  fee  of  twenty-five  cents  ($.25)  per  hundred  words  so 
copied,  the  said  fee  to  belong  to  the  secretary.  All  copies  shall  be 
certified  by  the  secretary. 

§  7.  The  governor  shall  have  the  power  to  remove  from  office  at  any 
time,  any  member  of  the  board  for  continued  neglect  of  duty  required 
by  this  act,  or  for  incompetency,  unprofessional  or  dishonorable  conduct. 

§8.  Said  board  shall  examine  all  applicants  for  examination,  who 
shall   furnish    satisfactory    evidence    of   having   complied   with    the    pro- 


Act  922,  §§  13,  14  GENERAL  LAWS.  293 

of  dental  examiners,  or  similar  body,  of  some  other  state  in  tlie  United 
States,  showing  that  he  or  she  has  been  a  licensed  practitioner  of  den- 
tistry in  this  state  for  at  least  five  (5)  years.  Provided,  that  every 
person  actually  engaged  as  an  apprentice  to  a  regularly  licensed  dentist 
in  the  state  of  California  at  the  time  of  the  passing  of  this  act,  shall  be 
eligible  for  examination,  if,  within  thirty  (30)  days  after  the  passage  of 
this  act,  he  shall  file  with  the  secretary  of  the  board  an  affidavit  stating 
his  name,  age,  the  length  of  time  for  which  he  has  been  actually  appren- 
ticed and  with  whom;  and  who,  at  the  time  of  his  application  for  exam- 
ination, shall  show  to  the  satisfaction  of  the  board  that  he  has  served 
an  apprenticeship  of  at  least  four  (4)  years  and  is  a  graduate  from  a 
high  school  or  similar  institution  of  learniDg  in  this  or  some  other  state 
of  the  United  States  requiring  a  three  (3)  years'  course  of  study,  and, 
provided,  that  no  examination  shall  be  given  to  an  applicant  claiming 
the  right  to  take  the  same  as  an  apprentice  later  than  June,  1913. 
[Amendment  approved  April  6,  1909.  Stats.  1909,  p.  803.  In  effect  im- 
mediately.] 

§  13.  [Repealed  April  6,  1909.  Stats.  1909,  p.  802.  In  effect  immedi- 
ately.] 

§14.  Before  any  person  can  practice  dentistry  in  this  state,  he  shall 
obtain  a  license  to  do  so  from  the  board  of  dental  examiners.  Each  ap- 
plication shall  be  accompanied  by  a  fee  of  twenty-five  ($25)  dollars, 
which  shall  in  no  case  be  refunded.  Such  license  shall  be  good  until  the 
following  first  day  of  May  when  it  shall  expire  hj  limitation.  An  annual 
license  fee  of  two  ($2)  dollars  shall  thereafter  be  paid  annually  by 
every  person  practicing  dentistry  in  this  state,  and  it  shall  be  the  duty 
of  said  board  to  issue  to  all  regularly  licensed  dentists  upon  application 
and  the  payment  of  $2,  if  made  before  the  expiration  of  the  appli- 
cant's license,  a  new  license  which  shall  entitle  said  person  to  practice 
dentistry  in  this  state  for  a  period  of  one  year,  and  which  license  shall 
expire  upon  the  following  first  day  of  May.  Said  board  shall  have  no 
authority  to  issue  an  annual  license  to  any  person  who  is  not  a  regularly 
licensed  dentist,  and  who  has  not  paid  said  license  fee  of  $2  on  or 
before  the  date  when  his  previous  license  expired.  Every  person  who 
was  a  regularly  licensed  dentist  and  who  failed  to  pay  said  annual 
license  of  $2  before  the  expiration  of  his  license,  shall  be  considered 
as  if  no  license  had  ever  been  issued  to  him,  and  before  he  can  again 
practice  dentistry  in  this  state,  shall  make  a  new  application  therefor 
as  in  the  first  instance  and  pay  the  regular  fee  of  $25  therefor,  except 
that  he  shall  not  be  required  to  submit  to  any  examination.  All  re- 
newal fees  collected  under  the  provisions  of  this  section  shall  be  used 
exclusively  for  the  prosecution  of  violators  of  this  act  and  for  expenses 
of  collecting  said  fees.  All  moneys  received  under  this  act  shall  be 
deposited  in  some  reliable  bank  in  the  name  of  the  board,  and  shall  be 
withdrawn  only  on  the  joint  check  of  the  president  and  sccretarv  of  the 
board.  [Amendment  approved  April  6,  1909.  Stats.  1909,  p.  '804,  la 
effect  immediately.] 


209  DENTISTRY.  Act  922,  §|  16-19 

§  15.  Any  person  shall  be  understood  to  be  practicing  dentistry 
within  the  meaning  of  this  act  who  shall  display  a  sign  or  in  any  way 
advertise  himself  as  a  dentist,  or  who  shall,  for  a  fee,  salary  or  reward, 
paid  directly  or  indirectly  either  to  himself  or  to  some  other  person, 
perform  an  operation  of  any  kind  upon,  or  treat  diseases  or  lesions  of, 
tile  human  teeth  or  jaws,  or  correct  malimposed  positions  thereof;  but 
nothing  in  this  act  contained  shall  prohibit  bona  fide  students  of  den- 
tistry from  operating  in  the  clinical  departments  of  the  laboratory  of 
a  reputable  dental  college,  or  an  unlicensed  person  from  performing 
merely  mechanical  work  upon  inert  matter  in  a  dental  laboratory  or  a 
licensed  physician  from  practicing  oral  surgery  or  treating  diseases  of 
the  mouth.  [Amendment  approved  April  6,  1909.  Stats.  1909,  p.  807. 
In  effect  immediately.] 

§§  16,  17,  18.  Repealed.  [Amendment  approved  March  20,  1903. 
Stats.  1903,  p.  325.     In  effect  immediately.] 

§  19.  Any  person,  company  or  association  shall  be  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  shall  be  punishable  by  imprison- 
ment in  the  county  jail  not  less  than  ten  (10)  days  nor  more  than  one 
(1)  year,  or  by  a  fine  of  not  less  than  one  hundred  ($100)  dollars  nor 
more  than  one  thousand  ($1000),  or  by  both  such  fine  and  imprison- 
ment, who  (1)  shall  sell  or  barter  or  offer  to  sell  or  barter  any  dental 
degree  or  any  certificate  or  transcript,  made  or  purporting  to  be  made, 
pursuant  to  the  laws  regulating  the  license  and  registration  of  dentists; 
or  (2)  shall  purchase  or  procure  by  barter,  any  such  diploma,  certificate 
or  transcript,  with  intent  that  the  same  shall  be  used  as  evidence  of  the 
holder's  qualification  to  practice  dentistry,  or  in  fraud  of  the  laws 
regulating  such  practice;  or  (3)  shall  with  fraudulent  intent,  alter  in  a 
material  regard  any  such  diploma,  certificate  or  transcript;  or  (4)  shall 
use  or  attempt  to  use  any  such  diploma,  certificate  or  transcript,  which 
has  been  purchased,  fraudulently  issued,  counterfeited  or  materially  al- 
tered, either  as  a  license  or  color  of  license  to  practice  dentistry,  or  in 
order  to  procure  registration  as  a  dentist;  (5)  or,  shall  practice  dentistry 
under  a  false  or  assumed  name;  or  (6)  shall  assume  the  degree  of 
"doctor  of  dental  surgery"  of  "doctor  of  dental  medicine,"  or  shall 
append  the  letters  "D.D.S."  or  "D.M.D."  to  his  or  her  name  not  having 
duly  conferred  upon  him  or  her,  by  diploma  from  a  recognized  dental 
college  or  school  legally  empowered  to  confer  the  same,  the  right  to 
assume  said  title;  or  shall  assume  any  title,  or  append  any  letters  to  his 
or  her  name,  with  the  intent  to  represent  falsely  that  he  or  she  has 
received  a  dental  degree  or  license;  or  (7)  shall  in  an  affidavit,  required 
of  an  applicant  for  examination,  license,  or  registration,  under  this  act, 
willfully  make  a  false  statement  in  a  material  regard;  or,  (8)  shall  en- 
gage in  the  practice  of  dentistry  under  any  title  or  name  without  causing 
to  be  displayed  in  a  conspicuous  manner  and  in  a  conspicuous  place  in 
her  or  his  oflice  the  name  of  each  and  every  person  employed  in  the 
practice  of  dentistry  therein,  together  with  the  word  mechanic  after  the 
name  of  each  unlicensed  person  employed;  or,  (9)  shall  within  ten  days 


Act  922,  §§20-21 1^  GENERAL  LAWS.  800 

after  demand  made  by  the  secretary  of  the  board,  fail  to  furnish  to 
said  board  the  name  and  address  of  all  persons  practicing  or  assisting 
in  the  practice  of  dentistry  in  the  office  of  said  person,  company  or 
association,  at  any  time  within  sixty  (60)  days  prior  to  said  notice, 
together  with  a  sworn  statement  showing  under  and  by  what  license  or 
authority  said  person,  company  or  association,  and  said  employee  are  or 
have  been  practicing  dentistry,  but  such  affidavit  shall  not  be  used  as 
evidence  against  such  person,  company  or  association  in  any  proceeding 
under  this  section;  or,  (10)  is  practicing  dentistry  in  the  state  without  a 
license,  or  whose  license  has  been  revoked  or  suspended.  [Amendment 
approved  April  6,  1909.     Stats.  1909,  p.  805.     In  effect  immediately.] 

§  20.  It  is  hereby  further  provided,  that  the  conferring  of  degrees 
and  the  bestowing  of  diplomas,  by  reputable  dental  colleges  of  this 
state,  which  have  been  indorsed  by  the  board  of  dental  examiners  of 
California  are  not  included  in  the  penalties  prescribed  in  section  19  of 
the  said  [act]  of  March  23,  1901,  as  amended  by  the  act  of  March  20, 
1903.  [Amendment  approved  April  6,  1909.  Stats.  1909,  p.  801.  In 
effect  immediately.] 

§  21.  All  fines,  penalties,  or  forfeitures,  including  the  examination 
fee,  imposed  or  collected  for  the  violation  of  any  of  the  foregoing  pro- 
visions of  this  act,  unless  otherwise  specified,  shall  be  paid  to  the  sec- 
retary and  be  by  him  turned  into  the  general  fund  of  the  said  board. 
All  fines  paid  or  collected  for  the  violation  of  any  of  the  provisions  of 
this  act  shall  be  paid  by  the  court,  in  which  the  conviction  shall  be  had, 
to  the  secretary  of  the  said  board  to  be  by  him  turned  into  the  general 
fund  of  said  board.  Said  board,  or  any  member  or  officer,  thereof,  may 
prefer  a  complaint  for  violation  of  this  act  or  any  part  thereof,  before 
any  court  of  competent  jurisdiction,  and  may  by  its  officers,  counsel  and 
agents,  assist  in  presenting  the  law  or  facts  at  the  trial.  It  shall  be 
the  duty  of  the  district  attorney  of  each  county  in  this  state  to  prose- 
cute all  violations  of  the  aforesaid  provisions  of  this  act  in  their  respect- 
ive counties  in  which  such  violations  occur.  [Amendment  approved 
April  6,  1909.     Stats.  1909,  p.  802.     In  effect  immediately.] 

§  21V'2-  Any  dentist  may  have  his  license  revoked  or  suspended  by 
the  board  of  dental  examiners  for  any  of  the  following  causes: 

(1)  His  conviction  of  a  felony  or  misdemeanor  involving  moral  tur- 
pitude, in  which  case  the  record  of  conviction  or  a  certified  copy  thereof, 
certified  by  the  clerk  of  the  court,  or  by  the  judge  in  whose  court  the 
conviction  is  had,  shall  be  conclusive  evidence. 

(2)  For  unprofessional  conduct  or  for  gross  ignorance  or  inefficiency 
in  his  profession.  Unprofessional  conduct  shall  mean  employing  persons 
known  as  cappers,  as  steerers,  to  obtain  business;  the  obtaining  of 
any  fee  by  fraud  or  misrepresentation;  willfully  betraying  professional 
secrets;  employing  directly  or  indirectly  any  student  or  any  suspended 
or  unlicensed  dentist  to  perform  operations  of  any  kind,  or  to  treat 
lesions  of  the  human  teeth  or  jaws,  or  correct  malimposed  formations 


801  DENTISTRY,  Act  922,  §§  22-24 

thereof,  except  as  heretofore  provided  in  section  thirteen;  aiding  or 
abetting  any  unlicensed  person  to  practice  dentistry  unlawfully;  habitual 
intcniperance;  gross  immorality. 

The  proceedings  to  revoke  or  suspend  any  license  under  the  first  sub- 
division hereof,  must  be  taken  by  the  board  on  the  receipt  of  a  certified 
copy  of  the  record  of  conviction.  The  proceedings  under  the  second 
subdivision  hereof  may  be  taken  upon  the  information  of  another.  All 
accusations  must  be  in  writing,  verified  by  some  party  familiar  with  the 
facts  therein  charged,  and  three  copies  thereof  must  be  filed  with  the 
secretary  of  the  board.  Upon  receiving  the  accusation  the  board  shall, 
if  it  deem  the  complaint  sufficient,  make  an  order  setting  the  same  for 
hearing,  at  a  specified  time  and  place,  and  the  secretary  shall  cause  a 
copy  of  the  order  and  of  the  accusation  to  be  served  upon  the  accused 
at  least  ten  (10)  days  before  the  day  appointed  in  the  order  for  said 
hearing.  The  accused  must  appear  at  the  time  appointed  in  the  order 
and  answer  the  charges  and  make  his  defense  to  the  same,  unless  for 
sufficient  cause  the  board  assign  another  day  for  that  purpose.  If  he 
do  not  appear  the  board  may  proceed  and  determine  the  accusation  in 
his  absence.  If  the  accused  plead  guilty  or  refuse  to  answer  the  charges, 
or  upon  the  hearing  thereof  the  board  shall  find  them  or  any  of  them 
true,  it  may  proceed  to  a  judgment  revoking  his  license  or  suspending  it. 
The  board  and  the  accused  may  have  the  benefit  of  counsel,  and  the 
board  shall  have  power  to  administer  oaths,  take  the  depositions  of  wit- 
nesses in  the  manner  provided  by  law  in  civil  cases,  and  to  compel  them 
to  attend  before  it  in  person  the  same  as  in  civil  cases,  by  subpoena 
issued  over  the  signature  of  the  secretary  and  the  seal  of  the  board  and 
in  the  name  of  the  people  of  the  state  of  California.  Upon  the  revoca- 
tion of  any  license,  the  fact  shall  be  noted  upon  the  records  of  the  board 
of  dental  examiners  and  the  license  shall  be  marked  as  canceled,  upon 
the  date  of  its  revocation.  [Amendment  approved  April  6,  1909.  Stats. 
1909,  p.  806.     In  effect  immediately.] 

§  22.  The  members  of  the  board  of  dental  examiners  shall  make  an 
annual  report  of  its  proceedings  to  the  governor  of  California  by  the 
first  of  December  of  each  year,  together  with  an  account  of  all  moneys 
received  and  disbursed  by  them,  pursuant  to  this  act. 

§  23.  Four  members  of  said  board  of  dental  examiners  shall  constitute 
a  quorum  for  the  transaction  of  business  at  any  meeting  of  the  board. 

§24.  [Repealed  April  6,  1909.  Stats.  1909,  p.  802.  In  effect  imme- 
diately.] 

This  act  took  eflfect  September  1,  1901,  and  all  laws  in  conflict  with  it  were 
repealed. 


Acts  923,  927  GENERAL  LAWS.  802 

ACT  923. 

An    act    to    create    the    office    of   state    dental    surgeon,    prescribing   his 
duties,  fix  his  manner  of  appointment,  salary  and  term  of  office,  and 
to  make  an  appropriation  for  the  expenses  of  his  office. 
[Approved  April  16,  1909.     Stats.  1909,  p.  947.] 

§  1.  The  office  of  state  dental  surgeon  is  hereby  created.  It  shall  be 
the  duty  of  the  governor,  on  or  before  the  tenth  day  of  July,  1909,  to 
appoint  a  skilled  dental  surgeon  for  the  state  of  California  to  fill  said 
office  of  state  dental  surgeon,  who  at  the  date  of  such  appointment 
shall  be  a  graduate  in  good  standing  of  a  recognized  college  of  dental 
surgery,  legally  qualified  to  practice  as  such  in  this  state,  and  shall  hold 
said  office  for  the  period  of  four  years  from  and  after  the  date  of  quali- 
fication, provided,  however,  when  a  vacancy  occurs  in  the  office  of  state 
dental  surgeon  from  whatever  cause  the  governor  shall  fill  by  appoint- 
ment said  term  for  the  unexpired  part  thereof  only.  The  salary  of  said 
state  dental  surgeon  shall  be  $2,400  per  annum, 'and  shall  be  paid  at 
the  same  time  and  in  the  same  manner  as  are  the  salaries  of  other  state 
officers. 

§2.  The  duties  of  the  state  dental  surgeon  shall  be  to  perform  the 
dental  services  for  the  inmates  of  the  various  state  hospitals.  Said 
dental  services  shall  be  performed  in  an  efficient  and  durable  manner  as 
possible,  and  shall  consist  of  cement  and  amalgam  fillings,  treatment  and 
extracting  teeth,  inserting  artificial  teeth  on  vulcanite  plates,  and  per- 
form such  oral  surgery  operations  as  may  be  referred  to  him  by  thB 
superintendents  of  the  various  state  hospitals.  No  services  shall  be  per- 
formed by  the  state  dental  surgeon  for  any  officer  or  employee  of  any 
state  institution,  except  in  the  case  of  extreme  emergency. 

§  3.  The  state  dental  surgeon  must  visit  every  state  hospital  at  least 
twice  in  each  year,  and  shall  at  all  times  be  under  the  supervision  of 
the  California  state  commission  in  lunacy. 

§  4.  For  the  purpose  of  carrying  out  the  provisions  of  this  act  the 
sum  of  three  thousand  five  hundred  ($3,500)  dollars  is  hereby  appro- 
priated to  pay  the  traveling  expenses  of  the  state  dental  surgeon  to  the 
various  state  hospitals  and  for  the  purchase  of  operating  and  extracting 
instruments  and  such  apparatus  as  may  be  needed  for  the  making  of 
plates,  and  such  other  expenses  as  may  be  required  in  the  discharge  of 
his  duties. 

§  5.     This  act  shall  be  in  force  and  effect  from  and  after  July  1,  1909. 

TITLE  135. 
DESCENT  AND  DISTRIBUTION. 
ACT  927. 

To  regulate  descents  and  distribution.     [Stats.  1850,  p.  219.] 
Buperseded  by  Civil  Code,  §  1386. 


303  DIABLO  CREEK— DISTRICT  ATTORNEYS.  Acts  932-945 

TITLE  136. 

DIABLO  CREEK. 
ACT  932. 

To    declare    Diablo    Creek   in    Contra    Costa    County    navigable.     [Stats, 
1858,  p.  127.] 
Incorporated  in  Political  Code,  §  2349. 

TITLE  137. 

DISSECTION. 
ACT  937. 

To  promote  the  study  of  anatomy.     [Stats.   1869-70,  p.  405.] 
This   act   provided    for   the    surrender   of   dead   bodies    for   dissection.     It    was 
superseded  by  Political   Code,  §§  3093-3095. 

TITLE  138. 

DISTRICT  ATTORNEYS. 
ACT  942. 

Authorizing    and    directing    district    attorneys    to    bring    suits   to    abate 
nuisances.     [Stats.  1899,  p.  103.] 
Superseded  by  Political  Code,  §  4156. 
See  Penal  Code,  §  373a,  and  also  People  v.  McCue,  33  Cal.  Dec.  45. 

ACT  943. 

In  relation  to  district  attorneys,  their  assistants  and  clerks  in  cities  and 
counties,  and  counties  having  a  population  of  more   than   one   hun- 
dred and  twenty-five  thousand.     [Stats.  1891,  p.  21.] 
"Unconstitutional.      (Darcy  v.  Mayor,   104  Cal.  642;   Ex  parte  Giambonini,   112 

Cal.  574.)      Superseded  by  County  Government  Act,  1897,  and  by  charter  of  San 

Francisco." — Code  Commissioners'  Note. 

ACT  944. 

Apportioning  the   fees   between   district  attorneys  and   their   successors. 
[Stats,  1865-66,  p.  163.] 
Amended  1865-66,  p.  325. 

"Superseded  by   County    Government   and   other   acts  requiring   officers   to   pay 
their  fees  into  the  county  treasury." — Code  Commissioners'  Note. 

ACT  945. 

District  attorneys,  relating  to  fees  of  in  certain  counties.     [Stats.  1871- 
72,  p.  799.] 
"Probably  repealed  by  §§  171,  177,  186  and  211  of  the  County  Government  Act, 
1897,   pp.   523,    527,    540,    568,   fixing  the   salaries  of   district  attorneys." — Code 
Commissioners'    Note. 

This  act  i-elated  to  the  counties  of  Butte,  Inyo,  Placer,  and  Shasta. 


Acts  979-985  GENERAL  LAWS.  308 

ACT  979. 

An  act  to  create  a  drainage  district  to  be  called  "Sacramento  Drainage 

District,"  to  jDromote  drainage  tlierein;  to  provide  for  tlie  election 
and  appointment  of  officers  of  said  drainage  district;  refining  the 
powers,  duties  and  compensations  of  such  officers  and  providing  for 
the  creation,  division  and  management  of  reclamation,  swamp  land, 
levee,  drainage  and  protection  districts  within  said  Sacramento 
drainage  district,  and  providing  for  levying  and  collecting  assess- 
ments upon  the  lands  within  said  drainage  district.  [Stats.  1905, 
p.  443.] 
Amended    1907,   p.    736;    1907,   p.   903. 

ACT  980, 

To  promote  drainage.     [Stats.  1880,  p.  123.] 
Unconstitutional.      (People  v.  Parks,  58  Cal.  624;  Doaiie  v.  Weil,  58  Cal.  334.) 

ACT  981. 

rJreating  Sacramento  Kiver  drainage  district,  to  establish  a  board  of 
commissioners  therefor  and  to  define  their  powers  and  duties.  [Stats. 
1877-78,  p.  987.] 

ACT  982. 

To   provide  for  the   organization  and   government   of   drainage   districts, 
for  the  drainage  of  agricultural  lands  other  than  swamp  and  over- 
flowed lands.      [Stats.  1897,  p.  334.] 
Amended   1901,  p.  554.     Repealed  1903,  p.  317. 
Citations.     Cal.  142/201. 

ACT  983. 

To    provide    a    system    of    drainage   for   agricultural,    swamp,    and    over- 
flowed lands.     [Approved  March  3,  1881.     Stats.  1881,  p.  15.] 
Amended   1897,  p.  220. 

Unconstitutional.      (Hickey   v.   Stearns   Rancho   Co.,  126    Cal.  151.) 
Citations.      Cal.  106/422,  425;    126/152;    144/216. 

ACT  984. 

To  abolish  the  state  drainage  construction  fund  and  directing  the  trans- 
fer of  any  balance  remaining  therein  to  the  general  fund,     [Stats. 
1893,  p.  64.] 
See  post,  Act  1282. 

ACT  985. 

An  act  to  promote  drainage. 
[Approved  March  18,  1885.     Stats.  1885,  p.  204.] 
Amended  1891,  p.   2G2;    1909,   p.  25. 
Citations.     Cal.  126/152;    144/210,   211,   212,    213,   214,    216,    217. 

Petition  for  drainage  procedure.     Publication. 

§1.     Whenever   the   owners   of   two-thirds   of    any   body    of   land    sus- 
ceptible  of  one   mode   of   drainage   desire   to   drain   the   same,   they   may 


307  DRAINAGE.  Act  985,  §§2-4 

present  to  the  board  of  supervisors  of  the  county  in  which  the  land,  or 
the  greater  portion  thereof,  is  situated,  at  a  regular  meeting  of  the 
board,  a  petition  setting  forth  that  they  desire  to  adopt  measures  to 
drain  the  same,  a  description  of  the  land,  the  number  of  acres  in  the 
proposed  district,  and  the  number  of  acres  in  each  tract,  and  the  names 
of  the  owners  thereof,  and  names  of  three  persons  whom  they  desire 
to  serve  as  trustees  for  the  first  three  months;  the  petition  must  be 
verified  by  the  affidavit  of  one  of  the  petitioners,  and  must  be  pub- 
lished for  four  weeks  next  preceding  the  hearing  thereof,  in  some  news- 
paper published  in  the  county  in  which  the  lands  are  situated,  or  if 
there  is  no  newspaper  published  in  the  county,  then  it  must  be  pub- 
lished in  some  newspaper  having  a  general  circulation  in  the  county, 
together  with  a  notice  stating  the  date  of  the  meeting  of  said  board  on 
which  the  petition  will  be  heard,  and  directing  all  parties  interested  to 
appear  on  said  date  and  show  cause,  if  any  they  have,  why  said  petition 
should  not  be  granted,  and  an  affidavit  of  such  publication  must  be  filed 
with  the  clerk  of  said  board  at  or  before  the  date  of  said  hearing. 
[Amendment  approved  February  19,  1909.  Stats.  1909,  p.  25.  In  effect 
immediately.] 

District  lying  in  different  counties. 

§  2.  When  a  district  is  situated  partly  in  different  counties,  the  trus- 
tees must,  after  the  petition  has  been  granted,  forward  a  copy  thereof 
to  the  clerk  of  the  board  of  supervisors  of  any  county  in  which  any  por- 
tion of  the  district  may  lie,  and  the  board  to  which  the  same  is  for- 
w.'irdod  must  not  allow  another  district  to  be  formed  within  such  district, 
unless  with  the  consent  of  the  trustees  thereof.  • 

Lands  improperly  incbaded.     Boundaries  to  be  defined. 

§3.  If  the  board  of  supervisors  find  upon  the  hearing  of  such  petition 
that  lands  have  been  improperly  included  in  such  district,  they  may, 
before  fixing  the  final  boundaries,  exclude  from  such  district  any  land 
which  may  have  been  so  included,  or  include  any  lands  adjacent  tliereto, 
on  petition  of  any  owner  of  such  lands  presented  at  such  time  of  hear- 
ing, as  they  may  deem  for  the  best  interests  of  such  district.  If  from 
the  petition  and  evidence  produced  at  such  hearing  the  board  finds  that 
said  petition  should  be  granted,  it  must  thereupon,  by  order,  define  the 
boundaries  of  said  district  and  declare  said  district  duly  formed,  and 
the  persons  named  in  said  petition  for  the  formation  of  such  district,  as 
such,  to  be  the  trustees  thereof  for  the  first  three  months,  or,  until  their 
successors  are  appointed.  [Amendment  approved  February  19,  1909, 
Stats.  1909,  p.  26.     In  effect  immediately.] 

Recording  petition. 

§4.  The  petition  for  the  formation  of  the  district,  together  with  the 
order  of  the  board,  defining  its  boundaries  and  forming  the  same,  must 
be  recorded  in  the  office  of  the  recorder  of  the  county  in  which  any  of 
the  lands  of  the  district  are  situated.  [Amendment  approved  Febru- 
ary 19,  1909.     Stats.  1909,  p.  26.    In  effect  immediately.] 


Act  985,  §§5-8  GENERAL  LAWS.  808 

By-laws,  adoption  of. 

§5.  After  the  approval  of  the  petition  the  owners  of  lands  embraced 
within  the  boundaries  of  the  district,  or  those  owning  a  majority  in 
acreage  thereof  must  adopt  by-laws,  not  inconsistent  with  the  laws  of 
this  state  for  the  government  and  control  of  the  affairs  of  the  district, 
and  for  the  future  appointment  of  trustees.  The  by-laws  thus  adopted 
must  be  signed  by  the  owners  of  lands  in  the  district  representing  a 
majority  in  acreage  thereof.  By-laws  thus  adopted  may  be  amended  at 
any  time  in  the  same  manner  in  which  the  original  by-laws  were  adopted. 
[Amendment  approved  February  19,  1909.  Stats.  1909,  p.  26.  In  effect 
immediately.] 

Recording  by-laws. 

§  6.  The  by-laws  and  all  amendments  thereto  must  be  filed  for  record 
in  the  office  of  the  recorder  in  which  the  district  was  organized,  and 
recorded  in  a  book  kept  for  the  purpose  of  recording  instruments  in  writ- 
ing relating  to  reclamation  or  drainage  districts.  [Amendment  approved 
February  19,  1909.     Stats.   1909,  p.  27.     In  effect  immediately.] 

Powers  of  trustees.     Compensation  of  trustees. 

§  7.  The  board  of  trustees  shall  have  power  to  elect  one  of  its  mem- 
bers president  thereof  and  also  a  clerk;  to  employ  engineers  and  others 
to  survey,  plan,  locate  and  estimate  the  cost  of  the  works  necessary  for 
the  drainage  of  the  lands  of  the  district,  and  the  land  needed  for  a  right 
of  way,  including  drains,  canals,  sloughs,  water-gates,  embankments, 
watercourses  and  material  for  construction;  to  thereafter,  at  any  time,  in 
its  discretion,  modify  or  change  such  original  plan  or  plans,  or 
adopt  new,  supplemental  or  additional  plan  or  plans,  when,  in  its 
judgment,  the  same  shall  become  necessary;  to  construct,  maintain  and 
keep  in  repair  all  works  necessary  to  carry  into  effect  the  objects  sought 
to  be  attained;  and  to  do  all  other  acts  and  things  necessary  or  required 
for  the  drainage  of  the  lands  embraced  in  the  district.  And  the  several 
members  of  the  board  shall  each  be  entitled  to  receive  for  actual  and 
necessary  services  performed,  and  for  expenses  incurred  by  them,  respect- 
ively, for  and  in  the  interest  of  the  district,  such  compensation  as  the 
board  may  determine  to  be  just  and  reasonable,  and  shall  allow,  and  the 
same  shall  constitute  an  indebtedness  of  the  district  for  which  warrants 
of  the  district  must  be  drawn  and  paid  in  the  same  manner  and  out  of 
the  same  fund  as  other  warrants  of  the  district;  provided,  that  no  war- 
rant thus  drawn  shall  be  valid  until  approved  by  the  board  of  supervisors 
of  the  county  which  formed  the  district.  [Amendment  approved  Feb- 
ruary 19,  1909.     Stats.  1909,  p.  27.     In  effect  immediately.] 

Plans  and  estimates. 

§8.  The  board  of  trustees  must  report  to  the  board  of  supervisors  of 
the  county,  or  if  the  district  is  situated  in  more  than  one  county  then 
to  the  board  of  supervisors  of  each  county  in  which  the  district  is  situ- 
ated', the  plans  of  the  work  and  estimates  of  the  costs,  together  with  the 
estimates  of  the  incidental  expenses  of  superintendence,  repairs,  etc. 


309  DRAINAGE.  Act  985,  §§  9-13 

Assessment  commissioners. 

§  9.  The  board  of  supervisors  of  the  county  in  which  the  district  was 
formed  must  appoint  three  commissioners  disinterested  persons  residing 
in  the  county  in  which  the  district  or  some  part  thereof  is  situated,  and 
such  commissioners  must  view  and  assess  upon  the  lands  situated  in  the 
district  a  charge  proportionate  to  the  whole  expense,  and  to  the  beneiit 
which  will  result  from  such  work,  which  charges  must  be  collected  and 
paid  into  the  county  treasury  either  in  cash  or  in  regularly  issued  war- 
rants of  the  district  as  hereinafter  provided,  and  must  be  placed  by  the 
treasurer  to  the  credit  of  the  district,  and  paid  out  for  the  work  of 
drainage  upon  the  warrants  of  the  trustees  approved  by  the  board  of 
supervisors  of  the  county.  [Amendment  approved  February  19,  1909. 
Stats.  1909,  p.  27.     In  effect  immediately.] 

Warrants,  how  paid. 

§  10.  The  warrants  drawn  by  the  trustees  must,  after  they  are  ap- 
proved by  the  board  of  supervisors,  be  presented  to  the  treasurer  of  the 
county,  and  if  they  are  not  paid  on  presentation,  like  indorsements  must 
be  made  thereon,  and  they  must  be  registered  in  like  manner  as  county 
warrants  and  paid  in  the  order  of  their  registration.  All  warrants  from 
the  date  of  their  registration  shall  bear  interest  at  the  rate  of  six  per 
cent  per  annum;  provided,  however,  that  warrants  may  be  used  in  the 
payment  of  assessments  made  hereunder  without  regard  to  the  order  of 
registration.  [Amendment  approved  February  19,  1909.  Stats.  1909, 
p.  28.     In  effect  immediately.] 

Payments  when  district  in  different  counties. 

§  11.  If  a  district  is  situated  partly  in  different  counties  the  charges 
must  be  paid  into  the  treasury  of  the  county  in  which  the  particular 
tract  may  be  situated. 

Further  assessment. 

§  12.  If  the  original  assessment  is  insufficient  to  provide  for  the  com- 
plete drainage  of  the  lands  of  the  district,  or  if  further  assessments  are 
from  time  to  time  required  to  provide  for  the  protection,  maintenance,- 
and  repairs  of  the  works,  the  trustees  must  present  to  the  board  of  super- 
vis'ors  by  which  the  district  was  formed  a  statement  of  the  work  to  be 
done  and  its  estimated  cost,  and  the  board  must  make  an  order  directing 
that  the  commissioners  who  made  the  original  assessment,  or  other  com- 
missioners to  be  named  in  such  order,  to  assess  the  amount  of  such 
estimated  cost  as  a  charge  upon  the  lands  in  the  district,  which  assess- 
ment must  be  made  and  collected  in  the  same  manner  as  the  original 
assessment. 

List  of  charges  assessed.     Equalization  of  assessments. 

§  13.  The  commissioners  appointed  by  the  board  of  supervisors  must 
make  a  list  of  the  charges  assessed  against  each  tract  of  land,  and 
the  list  must  contain: 

1.  A  description  of  each  tract  assessed, 

2.  The  number  of  acres  in  each  tract. 


Act  985,  §  14  GENERAL  LAWS.  310 

3.  The  names  of  tlie  owners  of  each  tract,  if  known,  and  if  unknown, 
that  fact;  but  no  mistake  in  the  name  of  the  owner,  or  supposed  owner  of 
the  propeity  assessed  shall  render  the  assessment  thereof  invalid. 

4.  The   amount  of  the  charge  assessed  against  each  tract. 

The  board  of  commissioners  must,  on  the  completion  of  such  list,  cause 
a  notice  to  be  published  in  some  paper  published  in  the  county  where 
such  district  is  situated,  and  also  have  such  notice  posted  in  three  places 
in  such  district,  to  the  effect  that  the  board  of  commissioners  will,  in 
ten  days  from  the  publication  of  such  notice,  meet  (and  they  shall  also 
name  the  time  and  place  of  such  meeting)  as  a  board  of  equalization  for 
the  purpose  of  equalizing  assessments,  and  will  continue  in  session  as 
long  as  may  be  necessary,  not  to  exceed  ten  days,  at  the  end  of  which 
time,  having  equalized  and  adjusted  such  assessments,  the  list  must  then 
be  filed  as  hereinafter  provided.  [Amendment  approved  February  19, 
1909.     Stats.  1909,  p.  28.     In  effect  immediately.] 

Assessment  list,  where  filed.     Payments  of  charges.     Unpaid  assessments. 

Actions.     Procedure. 

§14.  The  list  so  made  must  be  filed  with  the  county  treasurer  of  the 
county,  or  if  the  district  is  partly  situated  in  different  counties,  then  the 
original  list  must  be  filed  in  the  county  first  in  order  in  alphabetical 
arrangement,  and  copies  thereof,  certified  by  the  commissioners,  must  be 
filed  with  the  treasurers  of  each  of  the  other  counties.  From  and  after 
the  filing  of  the  list,  or  certified  copies  thereof,  the  charges  assessed 
upon  any  tract  of  land  in  the  district  constitute  a  lien  thereon,  and  the 
list  thus  prepared  must  remain  in  the  office  of  the  treasurer  for  thirty 
days,  or  longer  if  ordered  by  the  board  of  trustees,  and  during  the  time 
it  so  remains  in  the  office  of  said  treasurer  any  person  may  pay  the 
amount  of  the  charges  assessed  against  any  tract  to  the  treasurer  with- 
out costs,  cither  in  cash  or  in  regularly  issued  warrants  of  the  district; 
or,  if  so  ordered  by  the  board  of  trustees,  said  payments  may  be  by 
installm.ents  which  ins'tallments  may  be  paid  either  in  cash  or  in  regu- 
larly issued  warrants  of  the  district;  and  if,  at  the  end  of  thirty  days, 
or  of  the  longer  period  fixed  by  the  trustees,  all  the  charges,  or  all  of 
any  installments  ordered  by  them,  have  not  been  paid,  the  treasurer  must 
return  the  list  to  the  board  of  trustees  of  the  district,  and  all  unpaid 
assessments  shall  bear  legal  interest  from  the  date  of  the  return  of  the 
lists  to  said  board,  and  shall  thereafter  be  collected  and  paid  in  sepa- 
rate installments,  of  such  amounts,  and  at  such  times,  respectively,  as 
the  board,  from  time  to  time,  in  its  discretion,  may,  by  order  entered 
in  its  minutes,  direct;  and  a  cause  of  action  for  the  collection  of  any 
such  installments  shall  accrue  at  the  expiration  of  twenty  days  from  the 
date  of  the  order  directing  its  payment;  provided,  that  if  any  such  in- 
stallment shall  remain  unpaid  at  the  expiration  of  said  twenty  days,  then 
the  whole  of  the  assessment  against  the  land  owned  by  the  person  fail- 
ing to  pay  such  installment  shall  become  due  and  pa^^able  at  once,  and 
may,  in  the  discretion  of  the  board,  be  collected  immediately,  in  one  and 
the  same  action.  The  board  of  trustees  of  the  district  must  commence 
actions  for  the  collection  of  such  delinquent  installments,  and  delin- 
quent assessments,  with  interest  thereon,  and  costs,  and  for  the  enforce- 


3)1  DRAINAGE.  Act  935,  §§  15,  IG 

Tiient  of  the  lien  thereof  on  the  land  assessed,  in  the  superior  court  of  the 
county  in  which  the  land,  or  some  portion  of  it,  is  situated,  in  which 
action  all  persons  claiming  any  interest  in  said  land  upon  which  said 
assessment  is  levied,  and  any  person  necessary  to  a  complete  determina- 
tion of  the  action,  may  be  joined  as  defendants  in  said  action.  No  per- 
son holding  a  conveyance  from  or  under  the  person  to  whom  the  land 
was  assessed  or  having  a  lien  thereon,  which  conveyance  or  lien  does 
not  appear,  of  record  in  the  proper  office  at  the  time  of  the  commence- 
ment of  the  action,  need  be  made  at  a  party  to  such  action,  and  the 
judgment  therein  rendered,  and  the  proceedings  therein  had,  are  as  con- 
clusive against  the  party  holding  such  unrecorded  conveyance  or  lien 
as  if  he  had  been  a  party  to  the  action.  Notice  of  the  pendency  of  such 
action  may  be  filed  in  the  office  of  the  county  recorder  of  the  county 
in  which  the  land  affected  by  said  action  is  situated  in  the  same  manner 
and  with  like  effect  as  in  other  actions  affecting  real  property.  When 
the  name  of  any  person,  properly  a  defendant  in  any  such  action,  as 
herein  provided,  is  unknown  to  the  said  trustees  such  person  may  be 
joined  in  said  action  and  be  sued  by  a  fictitious  name,  and  if  his  true 
name  is  thereafter,  and  before  final  judgment,  discovered  or  ascertained 
the  same  may  be,  thereafter,  substituted  for  such  fictitious  name.  Serv- 
ice of  the  summons  in  such  action  shall  be  made  in  the  same  manner 
as  is  provided  by  law  for  the  service  or  publication  of  summons  in  other 
actions.  Assessments  on  several  tracts  may  be  included  in  the  same 
action,  if  listed  to  the  same  persons,  and  causes  of  action  on  separate 
assessments  on  the  same  land  may  be  included  in  the  same  action.  In  all 
actions  for  the  collection  of  delinquent  assessments,  the  court  may  de- 
cree and  adjudge  a  lien  against  each  tract  for  the  amount  assessed 
against  the  same,  and  may  order  it  to  be  sold,  on  execution  or  decree, 
as  in  other  cases  of  sale  of  real  estate  on  execution.  In  any  action  to 
enforce  said  lien  or  to  determine  the  validity  of  the  same,  said  list, 
duly  executed  by  said  commissioners,  or  a  certified  copy  thereof  shall  be 
prima  facie  evidence  of  the  matters  therein  contained,  and  that  said 
commissioners  were  duly  appointed  and  qualified,  as  required  by  law, 
and  that  they  did  view  and  assess  upon  the  lands  set  forth  in  said  list 
the  charges  therein  contained,  and  that  said  charges  are  in  proportion  to 
the  whole  expense  and  the  benefits  which  will  result  from  the  work  o^ 
drainage  for  which  said  assessment  was  so  levied.  The  judgmont  or 
decree  must  direct  that  the  sale  be  made  for  lawful  money  of  the  United 
States.  The  board  of  trustees  must  pay  the  moneys  collected  to  the 
county  treasurer,  who  must  place  the  same  to  the  credit  of  the  district. 
[Amendment  approved  February  19,  1909.  Stats.  1909,  p.  28.  In  effect 
immediately.] 

Executing  work. 

§  15.  The  work  must  be  executed  under  the  direction  and  in  the  man- 
ner presicribed  by  the  board  of  trustees. 

« 
Account   of   expenditures. 

§  16.  The  board  must  keep  acc^irate  accounts  of  all  expenditures, 
which  accounts,  and  all  contracts. that  may  be  made  by  them,  are  open 
to  the  inspection  of  the  board  of  supervisors,  and  every  person  interested. 


Act  986  GENERAL  LAWS.  812 

Purchases  fcy  trustees. 

§  17.  The  trustees  may  acquire,  by  purchase,  all  property  necessary 
to  carry  out  and  maintain  the  system  of  drainage  provided  for. 

Eminent  domain. 

§  18.  The  trustees  may  acquire,  by  condemnation,  the  right  of  way  for 
canals,  drains,  embankments,  and  other  works  necessary,  and  may  take 
materials  for  the  construction,  maintenance,  and  repair  thereof  from 
land's  outside  of  as  well  ^s  in  the  limits  of  said  district. 

Same. 

§  19.  The  provisions  of  Title  VIT,  Part  III,  of  the  Code  of  Civil  Pro- 
cedure are  applicable  to,  and  condemnation  herein  provided  for  must  be 
made  thereinunder. 

Drainage  entirely  by  owners,  procedure. 

§  20.  Whenever  any  district  of  lands  susceptible  of  one  mode  of  drain- 
age is  entirely  owned  by  parties  who  desire  to  drain  the  same,  and  to 
manage  such  drainage  without  the  intervention  of  trustees  or  the  es- 
tablishment and  adoption  of  by-laws,  such  parties  may  file  the  petition 
provided  for  in  sections  1  and  2,  and  they  must  state  therein  that  they 
intend  to  undertake  such  drainage  on  their  own  responsibility.  If  the 
petition  is  granted,  the  owners  of  the  lands  shall  have  all  the  rights, 
immunities  and  privileges  possessed  by  boards  of  trustees,  and  in  all  pro- 
ceedings the  names  of  owners  may  be  used  instead  of  the  names  of 
trustees.  [Amendment  approved  February  19,  1909.  Stats.  1909,  p.  30. 
In  effect  immediately.] 

§21.     This  act  shall  take  effect  upon  its  passage. 

ACT  986. 

An  act  to  promote  the  drainage  of  wet,  swamp  and  overflowed  lands,  and 

to  promote  the  public  health  in  the  communities  in  which  they  lie. 

[Approved  March  21,  1903.     Stats.  1903,  p.  354.] 

§  1.  "Whenever  ten  or  more  landholders  owning  parts  of  any  body  of 
wet,  swamp  or  overflowed  lands  susceptible  of  drainage  by  a  ditch  or 
drain,  or  a  system  of  ditches  or  drains,  shall  file  with  the  board  of  super- 
visors of  the  county  in  which  said  lands,  or  a  portion  thereof,  are 
situated,  a  petition  for  the  establishment  of  such  ditch  or  drain,  or  sys- 
tem of  ditches  or  drains,  for  the  draining  of  said  body  of  lands,  defin- 
ing the  boundaries  of  such  body  of  lands  and  the  location  and  courses 
of  such  ditch  or  drain,  or  system  of  ditches  or  drains,  through  said  body 
of  lands,  and  the  lands  through  which  it  or  they  are  to  ]jass  to  their 
outlets,  and  shall  give  said  supervisors  a  good  and  sufficient  bond  for  the 
payment  of  all  costs  that  may  accrue  provided  said  petition  shall  not 
be  granted,  said  supervisors  shall,  withyi  thirty  days  of  the  filing  of  said 
petition,  appoint  a  day  for  the  hearing  of  the  same,  which  shall  not  be 
less  than  fifteen  nor  more  than  forty  days  from  such  appointment;  and 
shall,  also,  cause  to  be  published  in  sume  newspaper  published  and  hav- 


313  DRAINAGE.  Act  986,  §§2-5 

ing  a  general  eirciilation  in  the  county,  a  copy  of  said  petition  together 
with  a  notice  by  the  clerk  of  said  board  of  the  time  end  place  set  for 
hearing  said  petition;  said  publication  shall  be  in  a  daily  or  weekly  news- 
paper and  for  at  least  two  weeks  next  preceding  the  time  set  for  said 
hearing. 

§2.  Said  supervisors  shall  also  direct  the  county  surveyor  to  survey 
<,he  line  or  lines  of  said  proposed  ditch  or  drain,  or  system  of  ditches  or 
drains,  taking  notes  of  the  descent  of  the  land  and  the  character  thereof, 
and  report  to  said  board',  on  or  before  said  day  of  hearing,  the  descent,  if 
an}',  between  the  head  and  outlet  of  said  ditch  or  ditches,  together 
with  a  list  of  intermediate  grades,  the  lands  benefited  by  said  proposed 
ditch  or  ditches,  and  such  other  information  as  may  come  under  his 
notice  upon  the  matter  of  such  proposed  location.  In  locating  such 
ditches  or  drains,  whenever  practicable,  they  shall  be  located  on  section 
or  subdivision  lines,  but  the  said  surveyor  may,  in  surveying  the  same, 
follow  the  lines  of  location,  described  in  said  petition  or  vary  therefrom 
as  he  may  deem  for  the  greatest  advantage  of  said  lands  and  the  best 
location  of  said  ditch  or  ditches, 

§3.  Upon  the  hearing  of  said  petition  any  person  interested  in  the 
lands  described  therein,  or  the  community  in  which  the  same  are  located, 
may  appear  and  support  or  oppose  the  granting  of  said  petition,  and 
witnesses  may  be  sworn  and  testify  in  reference  thereto. 

§  4,  If  the  supervisors  shall,  on  hearing  the  petition,  find  that  the 
construction  of  the  ditch  or  drain,  or  system  of  ditches  or  drains, 
petitioned  for  (or  as  modified  by  the  report  of  the  surveyor)  would  be 
advisable,  and  beneficial  to  the  lands  described  in  the  petition,  or  a 
smaller  body  lying  within  the  same,  and  such  body  of  lands  so  to  be 
benefited  constitute  the  lands  of  a  farming  community  or  neighborhood, 
or  that  the  construction  of  said  ditch  or  drain  or  system  of  ditches  or 
drains,  would  be  conducive  to  the  health  of  the  community  or  neigh- 
borhood in  which  they  lie,  then,  the  supervisors  shall,  in  their  discretion, 
grant  said  petition  for  the  construction  of  said  ditch  or  drain,  or  system 
of  ditches  or  drains,  as  prayed  for  (or  as  modified  by  the  report  of  the 
surveyor)  and  shall  proceed  to  examine  the  lands  affected  thereby,  and 
shall  'direct  the  surveyor  to  survey  the  same  and  set  stakes  every  hun- 
dred feet,  and  to  make  a  journal  of  the  depth  and  width  to  be  excavated 
at  each  of  said  stakes.  If,  upon  the  hearing,  the  said  supervisors  shall 
find  the  location  of  said  ditch  or  ditches  unadvisable,  the  petition  shall 
be  denied  and  the  costs  of  the  proceedings  shall  be  collected  from  the 
petitioners   or  their  bondsmen, 

§5.  After  having  made  such  examination  of  the  land's  so  affected 
said  supervisors  shall  then  apportion  the  excavation  of  said  ditch  and  the 
cost  of  location  (including  the  cost  of  right  of  way,  when  necessary) 
and  superintendence  of  construction  by  the  surveyor,  ^o  the  lands 
affected  thereby,  according  to  the  benefits  received,  after  giving  notice 
to  the  owners  of  such  lands  of  the  time  and  place  of  making  such  appor- 


Act  986,  §§6-8  GENERAL  LAWS.  314 

tionment,  and  giving  to  each  a  hearing.  The  names  of  such  owners 
may  be  taken  from  the  last  asse&sment-books  of  the  county  wherein 
such  lands  are  situate,  and  such  notice  shall  be  in  writing,  delivered  to 
each  land  owner  resident  upon  such  land  so  affected,  or  left  at  his  place 
of  residence  with  some  competent  person,  at  least  ten  days  before  the 
time  set  for  said  hearing,  and  to  each  land  owner  not  resident  upon 
such  lands  so  affected,  by  depositing  the  same  in  the  postoffice  directed 
to  him  at  his  place  of  residence  or  address,  at  least  twelve  days  before 
said  time  so  set  for  said  hearing,  and  in  case  the  residence  or  postolflce 
address  of  such  nonresident  be  not  known,  then  by  posting  said  notice 
in  a  prominent  place  on  the  lands  so  affected  and  owned  by  him,  at  least 
twelve  days  before  the  time  set  for  said  hearing.  All  notices  provided 
for  in  this  act  shall  be  given  by  the  clerk  of  said  board  of  supervisors, 
by  and  under  their  direction  and  authority. 

§  6.  After  having  completed  said  hearing  and  apportionment,  the 
board  shall  then  give  notice  in  the  same  manner  as  provided  in  section 
5,  to  all  the  land  owners  of  the  part  of  ditch  apportioned  to  them,  as 
described  by  the  stakes  and  their  numbers,  and  of  the  specifications  of 
the  ditch,  and  also,  of  the  cost  of  location  and  superintendence  of  con- 
struction (and  right  of  way,  when  necessary);  and  said  notice  shall 
also  specify  the  time  set  for  the  completion  of  the  work  and  the  payment 
of  the  cost  of  location,  superintendence  and  right  of  way. 

§7.  On  the  day  set  for  the  completion  of  the  work,  or  as  soon  there- 
after as  is  practicable,  the  county  surveyor  shall  proceed  to  examine 
said  ditch  or  ditches,  and  if,  in  his  opinion,  any  portion  thereof  shall 
not  be  completed  according  to  the  specifications,  he  shall  report  the 
same  to  the  board  of  supervisors,  who  shall  fix  a  reasonable  time  within 
which  the  same  shall  be  completed,  and  shall  notify  the  person  to  whom 
said  portion  was  apportioned  to  complete  the  same  witliin  such  time. 
If  not  so  completed,  at  the  expiration  of  the  time  specified  said  board 
of  supervisors  shall  advertise  the  construction  of  the  same  by  posting 
notices  for  two  weeks  in  three  conspicuous  places  within  the  territory 
affected  by  said  ditch.  Upon  the  time  specified  in  said  notice  said  super- 
visors shall  proceed  to  let  the  same  to  the  lowest  responsible  bidder, 
who  shall  give  such  bonds  as  shall  be  required  by  said  board,  and  shall 
proceed  to  complete  such  works  in  the  time  agreed  upon.  The  board 
shall  report  the  cost  of  such  work  to  the  county  auditor,  who  shall  cause 
the  amount  thereof  to  be  entered  on  the  tax-books  of  the  county,  and' 
the  same  shall  be  a  tax  upon  said  lands,  which  amount  shall  be  collected 
the  same  as  other  taxes,  and  paid  to  the  person  performing  such  work. 
The  cost  of  location  and  supervision,  and  right  of  way,  if  not  paid  at  the 
time  required,  shall  also  be  reported  in  like  manner  to  the  county  auditor 
and  collected  as  a  tax  upon  the  lands  affected  and  paid  to  the  county 
treasurer. 

§  8.  The  county  treasurer  shall  place  such  funds  to  the  credit  of  each 
respective  ditch  fund  and  shall  pay  out  the  same  on  warrants  drawn 
by  the  board  of  supervisors.     The  treasurer  shall  receive   as   compensa- 


315  DRAINAGE.  Act  987 

tion  for  his  services,  one  per  cent  of  all  monej's  by  him  disbursed  under 
this  act. 

§9.  The  county  surveyor  shall  superintend'  the  construction  of  all 
ditches  and  drains  constructed  under  the  provisions  of  this  act,  and 
when  constructed  they  shall  be  in  charge  of  the  officer  having  charge 
and  supervision  of  the  roads  in  the  district  in  which  they  lie.  The 
owners  of  lands  to  whom  they  have  been  apportioned,  shall  keep  in 
repair  such  ditches  in  accordance  with  the  apportionment,  and  if  not  so 
kept  in  repair,  the  board  of  supervisors  shall  direct  the  same  to  be  done, 
and  the  cos>t  thereof  shall  be  a  tax  upon  the  land,  to  be  collected  as 
hereinbefore   provided. 

§  10.  Any  person  causing  an  encroachment  or  obstruction  to  any 
ditch  or  drain  created  under  the  provisions  of  this  act,  and  failing  to 
remove  the  same  for  the  space  of  twenty-four  hours  after  notice  shall 
have  been  given  to  such  person  by  the  roadmaster,  if  he  can  be  found 
in  the  county,  otherwise  by  posting  by  him  at  or  near  the  place  of 
encroachment  or  obstruction,  may  be  fined  not  exceeding  two  hundred 
dollars,  or  imprisoned  not  more  than  thirty  days  in  the  county  jail,  or 
by  both  such  fine  and  imprisonment.  The  fines  so  collected  shall  be 
placed  to  the  credit  of  the  district  road  fund  where  such  encroachment 
or  obstruction  is  had,  and  proceedings  for  such  offenses  may  be  had 
before  any  court  of  competent  jurisdiction. 

§  11.  The  provisions  of  this  act  shall  not  be  construed  so  as  to  per- 
mit waters  to  be  carried  out  of  their  natural  course  to  augment  other 
streamsi  or  drains,  to  the  damage  of  the  residents  along  the  banks  of  the 
streams  or  drains  so  augmented. 

§  12.  Whenever  the  board  of  supervisors  cannot  purchase,  at  a  reason- 
able price,  or  procure  the  right  of  way,  or  procure  the  consent  of  all 
parties  interested  to  join  or  connect  with  any  existing  ditches  or  outlets, 
the  president  of  the  board  may  proceed  to  condemn  the  same  under  the 
provisions  of  Title  VII,  Part  III,  of  the  Code  of  Civil  Procedure,  and 
amendments  thereto,  which  are  now  existing  or  may  hereafter  be  made. 

§  13.  This  act  is  not  intended  to  supersede  or  repeal  any  other  act 
for  the  construction  or  maintenance  of  ditches  or  for  drainage  purposes, 
but  is  intended  as  an  independent  and  alternative  means  of  constructing 
such  ditches  where  most  applicable  or  desirable  to  the  parties  interested. 

§  14.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

ACT  987. 

An  act  to  provide  for  the  organization  and  government  of  drainage  dis- 
tricts, for  the  drainage  of  agricultural  lands  other  than  swamp  and 
overflowed  lands,  and  to  provide  for  the  accpiisition  or  construction 
thereby  of  works  for  the  drainage  of  the  lands  embraced  within 
such  districts. 

[Approved  March  20,  1903.     Stats.  1903,  p.  291.] 
Amended  1909,  p.  lOCl. 


Act  987,  §§1-3  GENERAL  LAWS.  816 

§  1.  Whenever  fifty  or  a  majority  of  the  holders  of  title,  or  cvidenco 
of  title  as  herein  provided,  to  agricultural  lands  otlier  than  swamp  and 
overflowed  lands,  which  are  susceptible  of  one  general  mode  of  drainage 
by  the  same  system  of  works,  desire  to  provide  for  the  drainage  of 
such  lands,  they  may  propose  the  organization  of  a  drainage  district 
under  the  provisions  of  this  act,  and  when  so  organized,  such  district 
shall  have  the  powers,  rights  and  duties  conferred,  or  which  may  be 
conferred  by  law,  upon  such  drainage  districts.  The  equalized  county 
assessment-roll  next  preceding  the  presentation  of  a  petition  for  the 
organization  of  a  drainage  district  under  the  provisions  of  this  act, 
shall  be  sufficient  evidence  of  title  for  the  purposes  of  this  act;  provided, 
that  no  person  who  has  received  or  acquired  title  to  land  within  such 
proposed  district  for  the  purpose  of  enabling  him  or  her  to  join  in  sucii 
petition  or  to  become  an  elector  of  said  district,  shall  be  allowed  to 
sign  such  petition  or  to  vote  at  any  election  to  be  held  in  such  district 
under  the  provisions  of  this  act.  Such  illegal  signing,  however,  shall 
not  invalidate  such  petition  when  there  shall  be  found  a  sufficient  num- 
ber of  other  legal  petitioners. 

§2.  In  order  to  propose  the  organization  of  a  drainage  district,  a 
petition  shall  be  presented  to  the  board  of  supervisors  of  the  county 
in  which  the  lands  within  the  proposed  district  or  the  greater  portion 
thereof,  are  situated,  signed  by  the  required  number  of  holders  of  title, 
or  evidence  of  title,  to  lands  within  such  proposed  district,  which  peti- 
tion shall  set  forth  and  particularly  describe  the  proposed  boundaries 
of  such  district,  and  shall  pray  that  the  same  be  organized  under  the 
provisions  of  this  act.  The  petitioners  must  accompany  the  petition  with 
a  good  and  sufficient  bond,  to  be  approved  by  the  said  board  of  super- 
visors, in  double  the  amount  of  the  probable  cost  of  organizing  such 
district,  conditioned  that  the  obligors  will  pay  all  the  costs  in  case  such 
an  organization  will  not  be  effected.  The  petition  shall  be  presented 
at  a  regular  meeting  of  said  board  of  supervisors,  and  shall  have  been 
published  for  at  least  two  weeks  before  such  presentation,  in  some 
newspaper  printed  and  published  in  the  county  where  the  petition  is 
presented,  together  with  a  notice  stating  the  date  of  the  meeting  of  said 
board  at  which  the  petition  will  be  presented;  and  if  any  portion  of  the 
proposed  district  lies  within  another  county,  or  counties,  then  said 
petition  and  notice  shall  be  likewise  published  in  a  newspaper  printed 
and  published  in  each  of  such  counties. 

§  3.  .  When  such  petition  is  presented,  the  board  of  supervisors  shall 
hear  the  same,  and  may  adjourn  such  hearing  from  time  to  time  not 
exceeding  four  weeks  in  all,  and  on  the  final  hearing  said  board  shall 
make  such  changes  in  the  proposed  boundaries  as  may  be  deemed  ad- 
visable and  shall  define  and  establish  such  boundaries.  But  said  board 
shall  not  modify  said  boundaries  so  as  to  exclude  from  such  proposed 
district  any  territory  which  is  susceptible  of  drainage  by  the  same  sys- 
tem of  works  applicable  to  the  other  land's  in  such  proposed  district; 
nor  shall  any  lands  which  will  not,  in  the  judgment  of  said  board,  be 
benefited  by  drainage,  by  means  of  said  system  of  works,  be  included 


817  DRAINAGE.  Act  987,  §§  4-6 

within  sueli  propoeed  district.  Any  person  whose  lands  are  susceptible 
of  drainage  by  the  same  system  of  works,  may,  upon  his  application,  in 
the  discretion  of  said  board,  have  such  lands  included  within  said  pro- 
posed district.  Upon  such  hearing  of  said  petition,  the  board  of  super- 
visors, shall  determine  whether  or  not  said  petition  complies  with  the 
requirements  of  sections  one  and  two  of  this  act,  and  for  that  purpose 
must  hear  all  competent  and  relevant  testimony  offered  in  support  or  in 
opposition  thereto.  Such  determination  shall  be  entered  upon  the  min- 
utes of  said  board  of  supervisors. 

§4.  The  right  of  appeal  from  said  order  to  the  superior  court  of  the 
county  where  said  petition  is  heard,  is  hereby  given  to  any  person  inter- 
ested, who  is  a  party  to  the  record;  provided,  that  if  more  than  one 
appeal  be  taken  they  shall  be  consolidated  and  tried  together.  Such 
appeal  shall  be  taken  within  ten  days  after  the  entry  of  such  order 
upon  the  minutes  of  the  board  of  supervisors.  The  appeal  shall  be 
taken  and  heard  in  the  same  manner  as  appeals  from  justices'  courts 
to  the  superior  court,  except  as  herein  otherwise  provided.  Upon  the 
appppl,  the  superior  court  may  make  and  enter  its  judgment  afllrming, 
modifying,  or  reversing  the  order  appealed  from.  Within  ten  days  there- 
after, the  superior  court  must  cause  its  remittitur  to  issue  to  said  board 
of  supervisors,  and  if  said  order  of  the  board  of  supervisors  is  modified 
or  reversed,  the  judgment  of  the  superior  court  and  its  remittitur  shall 
dLect  the  board  of  supervisors  what  order  it  shall  enter.  Such  remittitur 
shrill  be  filed  by  the  clerk  of  the  board  of  supervisors,  and  at  the  first 
r^-gular  meeting  of  the  board  thereafter,  it  shall  cause  to  be  entered  in 
its  minutes  the  order  as  directed  by  said  superior  court.  The  appeal 
herein  provided  for  shall  be  heard  and  determined  within  thirty  days 
l!rom  the  time  of  filing  the  notice  of  appeal, 

§5.  When,  under  the  provisions  of  the  preceding  sections,  the 
boundaries  of  the  proposed  district  are  defined  and  established,  said 
board  shall  make  an  order  dividing  said  district  into  three  or  five 
divisions,  as  nearly  equal  in  size  as  practicable,  which  divisions  shall  be 
numbered  consecutively,  and  one  director  who  shall  be  an  elector  and  a 
resident  freeholder  of  the  division,  shall  be  elected,  as  hereinafter  pro- 
vided, by  each  division;  provided,  that  when  requested  in  the  petition 
three  directors  who  shall  be  residents,  electors  and  freeholders  of  the 
district,  shall  be  elected  at  large  by  the  qualified  electors  of  the  district. 

§  6.  Said  board  of  supervisors  shall  then  give  notice  of  an  election  to 
be  held  in  such  proposed  district  for  the  purpose  of  determining  whether 
or  not  the  same  shall  be  organized  under  the  provisions  of  this  act. 
Such  notice  shall  designate  a  name  for  such  proposed  district,  and  de- 
scribe the  boundaries  thereof  and  the  boundaries  of  the  precincts  estab- 
lished therein,  when  more  than  one,  together  with  a  designation  of  the 
polling-place  and  board  of  election  for  each  precinct;  and  said  notice 
shall  be  published  for  at  least  three  weeks  previous  to  such  election,  in 
a  newspaper  published  within  the  county  in  which  the  petition  for  the 
organization  of  the  proposed  district  was  presented;  and  if  any  portion 


Act  987,  §§  7-10  GENERAL  LAWS.  818 

of  such  proposed  district  is  within  another  county  or  counties,  then  such 
notice  shall  be  published  for  the  same  length  of  time  in  a  newspaper 
published  in  each  of  said  counties.  Such  notice  shall  require  the  electors 
to  cast  ballots,  which  shall  contain  the  words  "Drainage  District — Yes" 
or  "Drainage  District — No"  or  words  equivalent  thereto,  and  also  the 
names  of  one  or  more  persons  (according  to  the  divisions  of  the  pro- 
posed district  as  prayed  for  in  the  petition  and  ordered  by  the  board) 
to  be  voted  for  to  fill  the  office  of  director.  Such  election  shall  be  con- 
ducted as  nearly  as  practicable  in  accordance  with  the  general  election 
laws  of  the  state  but  no   pai'ticular  form  of  ballot  shall  be  required. 

§7.  No  person  shall  be  entitled  to  vote  at  any  election  held  under 
the  provisions  of  this  act  unless  he  possesses  ail  the  qualifications  re- 
quired of  electors  under  the  general  election  laws  of  the  state. 

§  8.  The  said  board  of  supervisors  shall,  on  the  first  Monday  suc- 
ceeding such  election  if  then  in  session,  or  at  its  next  succeeding 
general  or  special  session,  proceed  to  canvass  the  votes  cast  thereat, 
and  if  upon  such  canvass  it  appears  that  a  majority  of  all  the 
votes  cast  are  "Drainage  District — Yes"  the  board  shall  by  an  order 
entered  in  its  minutes,  declare  such  territory  duly  organized  as  a  drain- 
age district,  under  the  name  theretofore  designated,  and  shall  declare  the 
persons  receiving,  respectively  the  highest  number  of  votes  for  directors 
to  be  duly  elected  to  such  offices.  [Amendment  approved  April  22, 
1909.     Stats.  1909,  p.   lOCl.] 

§  9.  Said  board  shall  then  cause  a  copy  of  such  order,  duly  certified, 
to  be  immediately  filed  for  record  in  the  office  of  the  county  recorder 
of  any  county  in  which  any  portion  of  the  lands  embraced  in  such 
district  are  situated,  and  must  also  immediately  forward  a  copy  thereof 
to  the  clerk  of  the  board  of  supervisors  of  each  of  said  last  mentioned 
counties  and  no  board  of  supervisors  of  any  county  in  which  any  portion 
of  the  lands  embraced  in  such  district  are  situated,  shall,  after  the  date 
of  the  organization  thereof,  allow  another  district  to  be  formed  includ- 
ing any  portion  of  said  lands,  without  the  consent  of  the  board  of  direc- 
tors of  the  district  in  which  they  are  situated.  From  and  after  such 
filing,  the  organization  of  the  district  shall  be  complete. 

§  10.  Such  election  on  organization  may  be  contested  by  any  person 
owning  property  within  the  proposed  district  liable  to  assessment.  The 
directors  elected  at  such  election  shall  be  made  parties  defendant.  Such 
contest  shall  be  brought  in  the  superior  court  of  the  county  where  the 
petition  for  organization  is  filed;  provided,  that  if  more  than  one  contest 
be  pending  they  shall  be  consolidated  and  tried  together.  The  court 
having  jurisdiction  shall  speedily  try  such  contest,  and  determine,  upon 
the  hearing,  whether  the  election  was  fairly  conducted  and  in  substantial 
compliance  with  the  requirements  of  this  act,  and  enter  its  judgment 
accordingly.  Such  contest  must  be  brought  within  twenty  days  after 
the  canvass  of  the  vote  and  declaration  of  the  result  by  the  board  of 
supervisors.     The  right  of  appeal  is  hereby  given  to  either  party  to  the 


319  DRAINAGE.  Act  987,  §§  11-14 

record  within  thirty  days  from  entry  of  judgment.  The  appeal  must  be 
heard  and  determined  by  the  supreme  court  within  sixty  days  from  the 
time    of   filing   the   notice   of   appeal. 

§11.  The  directors  elected  at  the  election  hereinbefore  provided  for 
shall  immediately  enter  upon  their  duties  as  such  upon  qualifying  in 
the  manner  herein  provided.  Said  directors  shall  hold  office  respectively 
until  their  successors  are  elected,  and  qualified. 

§  12.  The  directors  of  any  district  created  after  the  passage  of  this 
act,  on  the  first  Tuesday  after  their  election,  after  they  shall  have  quali- 
fied, shall  meet  and  classify  themselves  by  lot  into  two  classes,  as  nearly 
equal  in  number  as  possible,  and  the  term  of  office  of  the  class  having 
the  greater  number  shall  expire  at  the  next  general  February  election 
in  this  act  provided  for;  and  the  term  of  office  of  the  class  having  the 
lesser  number  shall  terminate  at  the  next  general  February  election 
thereafter.  After  such  classification,  said  directors  shall  organize  as  a 
board,  shall  elect  a  president  from  their  number,  and  appoint  a  secretary, 
who  shall  each  hold  office  during  the  pleasure  of  the  board.  The  salary 
of  the  secretary  and  the  amount  of  the  bond  to  be  given  by  him  for  the 
faithful  performance  of  his  duties  shall  be  fixed  by  the  board  of  directors. 

§  13.  The  board  of  directors  shall  hold  regular  meetings  in  their 
office  on  the  first  Tuesday  in  March,  June,  September  and  December,  and 
such  special  meetings  as  may  be  required  for  the  proper  transaction  of 
business;  provided,  that  all  special  meetings  must  be  ordered  by  a 
majority  of  the  board  by  an  order  entered  in  the  minutes  specifying 
the  business  to  be  transacted.  Three  days'  notice  to  any  member  not 
joining  in  the  order  must  be  given  by  the  secretary,  and  only  the  busi- 
ness specified  in  the  order  must  be  transacted  at  such  special  meeting. 
All  meetings  of  the  board  must  be  public,  and  a  majority  of  members 
shall  constitute  a  quorum  for  the  transaction  of  business.  A  minute 
of  all  proceedings  of  the  board  shall  be  kept  by  the  secretary,  and  all 
records  of  the  board  shall  be  open  to  public  inspection  during  business 
hours.  The  board  of  directors  shall,  on  the  first  Tuesday  in  March  of 
each  and  every  year,  render,  and  immediately  thereafter  cause  to  be 
published,  a  verified  statement  of  the  financial  condition  of  the  district, 
showing  particularly  the  receipts  and  disbursements  of  the  last  pre- 
ceding year,  together  with  the  source  of  such  receipts  and  purpose  of 
such  disbursements.  Said  publication  shall  be  made  at  least  once  a  week 
for  two  weeks,  in  some  paper  published  in  the  county  where  the  offic; 
of  the  board  of  directors  of  such  district  is  situated. 

§  li.  The  board  shall  have  the  power  and  it  shall  be  their  duty,  to 
manage  and  conduct  the  business  and  affairs  of  the  district;  make  and 
execute  all  necessary  contracts;  to  adopt  a  seal  for  the  district  to  be  used 
in  the  attestation  of  proper  documents;  provide  for  the  payment,  from 
the  proper  fund,  of  all  the  debts  and  just  claims  against  the  district; 
employ  and  appoint  when  necessary,  engineers  to  survey,  plan,  locate, 
and  estimate  the  cost  of  the  works  necessary  for  drainage  and  the  land 


Act  987,  §§  15-17  GENERAL  LAWS,  320 

needed  for  right  of  way,  including  drains,  canals,  sluices,  water-gates, 
embankments  and  material  for  construction,  and  to  construct,  maintain, 
and  keep  in  repair  all  woiks  necessary  for  the  purpose  of  drainage.  The 
board  and  its  agents  and  employees  shall  have  the  right  to  enter  upon 
any  land  to  make  surveys,  and  may  locate  the  necessary  drainage  works 
and  the  line  for  any  canals,  sluices,  water-gates  and  embankments,  and 
the  necessary  branches  for  the  same,  on  any  lands  which  may  be  deemed 
best  for  such  location.  Said  board  shall  also  have  the  right  to  acquire, 
hold  and  possess  either  by  donation,  purchase  or  condemnation,  any  land 
or  other  property,  necessary  for  the  construction,  use,  maintenance,  re- 
pair, and  improvement  of  any  works  required  for  the  purpose  of  drain- 
age as  provided  herein.  The  board  may  establish  equitable  by-laws, 
rules  and  regulations  necessary  or  proper  for  carrying  on  the  business 
herein  contemplated,  and  generally  may  perform  all  such  acts  as  shall 
be  necessary  to  fully  carry  out  the  purposes  of  this  act. 

§  15.  The  board  of  directors,  when  they  deem  it  advisable  for  the 
best  interests  of  the  district  and  the  convenience  of  the  electors  thereof, 
may  at  any  time,  but  not  less  than  sixty  days  before  an  election  to  be 
held  in  the  district,  change  the  boundaries  of  the  divisions  and  election 
precincts  of  the  district;  provided,  such  changes  shall  be  made  to  keep 
each  division  as  nearly  equal  in  area  and  population  as  may  be  practica- 
ble. Such  change  of  boundaries  of  the  division  must  be  shown  on  the 
minutes  of  the  board. 

§16.  In  case  of  condemnation  proceedings,  the  board  shall  proceed, 
in  the  name  of  the  district,  under  the  provisions  of  Title  VII,  Part 
III,  of  the  Code  of  Civil  Procedure,  which  said  provisions  are  hereby 
made  applicable  for  that  purpose,  and  it  is  hereby  declared  that  the 
use  of  the  property  which  may  be  condemned,  taken,  or  appropriated 
under  the  provisions  of  this  act,  is  a  public  use,  sub.iect  to  regulation 
and  control  of  the  state  in  the  manner  prescribed  by  law. 

§  17.  In  each  district  organized  as  herein  provided,  an  election  shall 
be  held  on  the  first  Wednesday  in  February,  nineteen  hundred  and  five, 
and  on  the  first  Wednesday  of  February  of  each  second  year  thereafter, 
at  which  a  board  of  directors  for  the  district,  as  provided  in  section  5 
of  this  act,  shall  be  elected.  The  person  receiving  the  highest  number 
of  votes  for  the  office  to  be  filled  at  such  election  is  elected  thereto. 
Within  ten  days  after  receiving  their  respective  certificates  of  election, 
each  of  said  persons  shall  qualify  as  such  by  takvrg  and  subscribing 
the  official  oath  and  filing  a  bond  as  herein  provided.  Each  director 
shall  execute  an  official  bond  in  the  sum  of  one  thousand  dollars,  which 
shall  be  approved  by  the  judge  of  the  superior  court  of  the  county  where 
the  organization  of  the  district  was  effected  and  shall  be  recorded  in 
the  office  of  the  county  recorder  of  such  county,  and  then,  together  with 
his  official  oath,  filed  with  the  secretary  of  the  board  of  directors.  All 
official  bonds  herein  provided  for  shall  be  in  the  form  prescribed  by  law 
for  the  official  bonds  of  county  officers.  If  a  vacancy  shall  occur  in 
the   office   of  director  the  same  shall  be  filled  by  appointment  by  the 


321  DRAINAGE.  Act  937,  §§  18-20 

supervisors  of  the  county  where  sueh  district  is  organized,  A  director 
so  appoiuted  shall  quality  within  ten  days  after  receiving  notice  of  his 
appointment  as  in  said  act  provided,  if  he  were  elected  to  such  office  and 
he  shall  hold  such  office  only  until  the  next  regular  election  for  said 
district   and  until   his  successor  is  elected  and  qualified. 

§  18.  On  the  first  Tuesday  in  March  next  following  the  election,  the 
directors  who  shall  have  been  elected  at  the  general  February  election, 
shall  meet  and  organize  as  a  board,  elect  a  president  and  appoint  a 
secretary,  who  shall  each  hold  office  during  the  pleasure  of  the  board. 
And  the  directors  of  districts  now  organized,  who  shall  have  been  elected 
at  the  general  February  election  of  nineteen  hundred  and  five,  shall,  on  the 
first  Tuesday  in  March  next  thereafter,  when  they  meet  to  organize,  first 
classify  themselves  by  lot  into  two  classes  as  nearly  equal  in  number 
as  possible.  And  the  terms  of  office  of  the  class  having  the  greater 
number  shall  be  two  years;  and  the  term  of  office  of  the  lesser  number 
shall  be  four  years.  The  full  term  of  office  of  directors  is  hereby  fixed 
at  four  years.  The  office  of  the  board  of  directors  of  any  such  district 
may  be  established  by  said  board  of  directors  at  the  county  seat,  or  at 
some  proper  and  convenient  place  within  the  district,  but  after  the  office 
is  once  established  it  shall  not  be  changed  without  giving  notice  thereof 
by  posting  in  three  public  places  in  the  district  and  by  publishing  a 
similar  notice  for  thirty  days  in  some  newspaper  of  general  circulation 
published  in  the  county  where  such  district  is  organized. 

§19.  Fifteen  days  before  any  election  held  under  this  act,  subse- 
quent to  the  organization  of  any  district,  the  secretary  of  the  board  of 
directors  shall  cause  notices  to  be  posted  in  three  public  places  in  each 
election  precinct,  of  the  time  and  place  of  holding  the  election,  and 
shall  also  post  a  similar  notice  of  the  same  in  a  conspicuous  place  in 
the  office  of  the  said  board,  specifying  the  polling-places  of  each  pre- 
cinct, and  the  names  of  the  members  of  the  boards  of  election,  for  each 
precinct.  Prior  to  the  time  for  posting  such  notices,  the  board  must 
appoint  for  each  precinct,  from  the  electors  thereof,  one  inspector  ard 
one  .i^flgs  and  one  clerk,  who  shall  constitute  a  board  of  election  for  such 
precinct.  If  the  board  fail  to  appoint  a  board  of  election,  or  the  mem- 
bers appointed,  or  any  of  them  do  not  attend  at  the  opening  of  the  polls 
on  the  morning  of  election,  the  electors  of  the  precinct  present  at  that 
hour,  may  appoint  the  board,  or  supply  the  place  of  an  ab-ent  member 
thereof.  The  board  of  directors  must  in  its  order  appointing  the  board 
of  election,  designate  the  place  within  each  precinct  where  the  election 
must  be  held. 

§20.  The  inspector  is  chairman  of  the  election  board,  and  may  ad- 
minister all  oaths  required  in  the  progress  of  an  election;  and  appoint 
judges  and  clerks,  if,  during  the  progress  of  the  election,  any  judge  or 
clerk  cease  to  act.  Any  member  of  the  board  of  election,  or  any  clerk 
thereof,  may  administer  and  certify  oaths  required  to  be  administered 
during  the  progress  of  an  election.  The  board  of  election  for  each  pre- 
cinct must,  before  opening  the  polls,  appoint  two  persons  to  act  as  clerks 
Gen.  Laws — 21 


Act  987,  §§  21-23  GENERAL  LAWS.  822 

of  the  election.  Before  opening  the  polls,  each  member  of  the  board 
and  each  clerk  must  take  and  subscribe  an  oath  to  faithfully  perform 
the  duties  imposed  upon  them  by  law.  Any  elector  of  the  precinct  may 
administer  and  certify  such  oath.  The  polls  must  be  open  at  9  o'clock 
A.  M.,  and  be  kept  open  until  4:00  P.  M.,  when  the  same  must  be  closed. 
The  provisions  of  the  general  election  laws  concerning  the  form  of  bal- 
lots to  be  used  shall  not  apply  to  elections  held  under  this  act. 

§  21.  Voting  may  commence  as  soon  as  the  polls  are  opened,  and  may 
be  continued  during  all  the  time  the  polls  remain  opened,  and  shall  be 
conducted,  as  nearly  as  practicable,  in  accordance  with  the  provisions  ol 
the  general  election  laws  in  this  state, 

§  22.  As  soon  as  all  the  votes  are  read  off  and  counted,  a  certificate 
shall  be  drawn  up  on  each  of  the  papers  containing  the  poll  list  and 
tallies,  or  attached  thereto,  stating  the  number  of  votes  each  one  voted 
for  has  received,  and  designating  the  office  to  fill  which  he  was  voted 
for,  which  number  shall  be  written  in  figures  and  in  words  at  full  length. 
Each  certificate  shall  be  signed  by  the  clerk,  judge  and  the  inspector. 
One  of  said  certificates  with  the  poll  list  and  the  tally  paper  to  which  it 
is  attached,  shall  be  retained  by  the  inspector,  and  preserved  by  him  at 
least  six  months.  The  ballots  shall  be  strung  upon  a  cord  or  thread  by 
the  inspector,  during  the  counting  thereof,  in  the  order  in  which  they  are 
entered  upon  the  tally  list  by  the  clerks;  and  said  ballots  together  with 
the  other  of  said  certificates,  with  the  poll  list  and  tally  paper  to  which 
it  is  attached,  shall  be  sealed  by  the  inspector  in  the  presence  of  the 
judges  and  clerks,  and  indorsed  "Election  returns  of  (naming  the  pre- 
cinct) precinct"  and  be  directed  to  the  secretary  of  the  board  of  directors 
and  shall  be  immediately  delivered  by  the  inspector,  or  by  some  other 
safe  and  responsible  carrier  designated  by  said  inspector,  to  said  secre- 
tary, and  the  ballots  shall  be  kept  unopened  for  at  least  six  months, 
and  if  any  person  be  of  the  opinion  that  the  vote  of  any  precinct  has 
not  been  correctly  counted,  he  may  appear  on  the  day  appointed  for  the 
board  of  directors  to  open  and  canvass  the  returns  and  demand  a  re- 
count of  the  vote  of  the  precinct  that  is  so  claimed  to  have  been  ncor- 
rectly  counted. 

§23.  No  list,  tally  paper,  or  certificate  from  any  election,  shall  be 
set  aside  or  rejected  for  want  of  form  if  it  can  be  satisfactorily  under- 
stood. The  board  of  directors  must  meet  at  its  usual  place  of  meeting 
on  the  first  Monday  after  each  election  to  canvass  the  returns.  If,  at 
the  time  of  meeting,  the  returns  from  each  precinct  in  the  district  in 
which  the  polls  were  opened  have  been  received,  the  board  of  directors 
must  then  and  there  proceed  to  canvass  the  returns;  but  if  all  the 
returns  have  not  been  received,  the  canvass  must  be  postponed  from  day 
to  day  until  the  returns  have  been  received,  or  until  six  postponements 
have  been  had.  The  canvass  must  be  made  in  public  and  by  opening 
the  returns  and  estimating  the  vote  of  the  district  for  each  person  voted 
for  and  declaring  the  result  thereof. 


323  DRAINAGE.  Act  987,  §§  24-27 

§  24.  The  secretary  of  the  board  of  directors,  must,  as  soon  as  the 
result  is  declared,  enter  in  the  records  of  such  board,  a  statement  of 
such  result,  which  statement  must  show;  (a)  the  whole  number  of  votes 
cast  in  the  district  and  in  each  precinct  thereof  if  there  be  more  than 
one  precinct;  (b)  the  names  of  the  persons  voted  for;  (c)  the  office  to 
fill  which  each  person  was  voted  for;  (d)  the  number  of  votes  given  in 
each  precinct  to  each  of  such  persons;  (e)  the  number  of  votes  given 
in  each  division  for  the  office  of  director.  The  board  of  directors  must 
declare  elected  the  persons  having  the  highest  number  of  votes  given 
for  each  office.  The  secretary  must  immediately  make  out  and  deliver 
to  such  person  a  certificate  of  election,  signed  by  him,  and  authenticated 
with  the  seal  of  the  board. 

§  25.  In  any  district  the  board  of  directors  thereof  may,  upon  the 
presentation  of  a  petition  therefor,  by  a  majority  of  the  holders  of  title, 
or  evidence  of  title,  of  said  district,  evidenced  as  above  provided,  order 
that  on  and  after  the  next  ensuing  general  election  for  the  district, 
there  shall  be  either  three  or  five  directors,  as  said  board  may  order, 
and  they  shall  be  elected,  by  the  district  at  large,  or  by  divisions,  as 
so  petitioned  and  ordered;  and  after  such  order  such  directors  shall  be 
so  elected. 

§  26.  The  legal  title  to  all  property  acquired  under  the  provisions  of 
this  act  shall  immediately  and  by  operation  of  law  vest  in  such  drain- 
age district,  and  shall  be  held  by  such  district  in  trust  for  and  is  hereby 
dedicated  and  set  apart  to  the  uses  and  purposes  set  forth  in  this  act. 
And  said  board  is  hereby  authorized  and  empowered  to  hold,  use,  acquire, 
manage,  occupy,  and  possess  said  property  as  herein  provided.  The  said 
board  is  hereby  authorized  and  empowered  to  take  conveyances  or  other 
assurances  for  all  property  acquired  by  it  under  the  provisions  of  this 
act,  in  the  name  of  such  drainage  district,  to  and  for  the  uses  and  pur- 
poses herein  expressed,  and  to  institute  and  maintain  any  and  all  actions 
and  proceedings,  suits  at  law  or  in  equity,  necessai-y  or  proper  in  order 
to  fully  carry  out  the  provisions  of  this  act,  or  to  enforce,  maintain, 
protect,  or  preserve  any  and  all  rights,  privileges  and  immunities  created 
by  this  act,  or  acquired  in  pursuance  thereof.  And  in  all  courts,  actions, 
suits,  or  proceedings,  the  said  board  may  sue,  appear,  and  defend  in 
person  or  by  attorneys,  and  in  the  name  of  such  drainage  district, 

§27.  For  the  purpose  of  constructing  necessary  conduits,  drains, 
sluices,  water-gates,  embankments  and  all  works  necessary  for  the  pur- 
pose of  drainage,  and  acquiring  the  necessary  property  and  rights  there- 
for, and  otherwise  carrying  out  the  provisions  of  this  act,  the  board  of 
directors  of  any  such  district  must,  as  soon  after  such  district  has  been 
organized  as  may  be  practicable,  and  also  whenever  thereafter  the  con- 
struction fund  has  been  exhausted  by  expenditures  as  herein  authorized 
therefrom,  and  it  is  necessary  to  raise  additional  money  for  said  pur- 
poses, estimate  and  determine  the  amount  of  money  necessary  to  be 
raised.     And  thereafter  said  board  shall  immediately  call  a  special  elec- 


Act  987,  §  28  GENERAL  LAWS.  324 

tion,  at  which  shall  be  submitted  to  the  electors  of  such  district  the  ques- 
tion whether  or  not  the  bonds  of  said  district  shall  be  issued  in  the 
amount  so  determined.  Notice  of  such  election  must  be  given  by  post- 
ing notices  in  three  public  places  in  each  election  precinct  in  said 
district  for  at  least  twenty  days,  and  also  by  publication  of  such  notice 
in  some  newspaper  published  in  the  county  where  the  office  of  the  board 
of  directors  of  such  district  is  required  to  be  kept,  once  a  week  for  at 
least  three  successive  weeks.  Such  notices  must  specify  the  time  of 
holding  the  election,  the  amount  of  bonds  proposed  to  be  issued;  and  said 
election  must  be  held  and  the  result  thereof  determined  and  declared  in 
all  respects  as  nearly  as  practicable  in  conformity  with  the  provisions 
of  this  act  governing  the  election  of  officers;  provided  that  no  informali- 
ties in  conducting  such  an  election  shall  invalidate  the  same,  if  the 
election  shall  have  been  otherwise  fairly  conducted.  At  such  election 
the  ballots  shall  contain  the  words  "Bonds— Yes"  or  "Bonds — No,"  or 
words  equivalent  thereto.  If  a  majority  of  the  votes  east  are  "Bonds — 
Yes,"  the  board  of  directors  shall  cause  bonds  in  said  amount  to  be 
issued;  if  a  majority  of  the  votes  cast  at  any  bond  election  are  "Bonds — 
No,"  the  result  of  such  election  shall  be  so  declared  and  entered  of 
record.  "Whenever  thereafter,  a  petition  of  the  character  hereinbefore 
provided  for  in  this  section,  is  presented  to  the  board,  it  shall  so  declare 
of  record  in  its  minutes,  and  shall  thereupon  submit  such  questions  to 
said  electors  in  the  same  manner  and  with  like  effect  as  at  such  previous 
election. 

§  28.  All  bonds  issued  under  the  provisions  of  this  act  shall  be  pay- 
able in  gold  coin  of  the  United  States,  in  ten  series  as  follows,  to  wit: 
On  the  first  day  of  January  after  the  expiration  of  eleven  years,  five  per 
cent  of  the  whole  number  of  said  bonds;  on  the  first  day  of  January, 
after  the  expiration  of  twelve  years,  six  per  cent;  on  tlie  first  day  of 
January  after  the  expiration  of  thirteen  years,  seven  per  cent;  on  the 
first  day  of  January  after  the  expiration  of  fourteen  years,  eight  per 
cent;  on  the  first  day  of  January  after  the  expiration  of  fifteen  years, 
nine  per  cent;  on  the  first  day  of  January  after  the  expiration  of  six- 
teen years,  ten  per  cent;  on  the  first  day  of  January  after  the  expira- 
tion of  seventeen  years,  eleven  per  cent;  on  the  first  day  of  January 
after  the  expiration  of  eighteen  years,  thirteen  per  cent;  on  the  first 
day  of  January  after  the  expiration  of  nineteen  years,  fifteen  per  cent; 
and  on  the  first  day  of  January  after  the  expiration  of  twenty  years, 
sixteen  per  cent;  that  the  several  enumerated  percentages  being  of  the 
entire  amount  of  the  bond  issue,  but  each  bond  must  be  made  payable 
at  a  given  time  for  its  entire  amount  and  not  for  a  percentage..  Said 
bonds  shall  bear  interest  at  the  rate  of  five  per  cent  per  annum,  pay- 
able semi-annually,  on  the  first  day  of  January  and  July  of  each  year. 
The  principal  and  interest  shall  be  payable  at  the  place  designated 
therein.  Said  bonds  shall  be  each  of  the  denomination  of  not  less  than 
one  hundred  dollars  nor  more  than  five  hundred  dollars;  shall  be  nego- 
tiable in  form,  signed  by  the  president  and  secretary,  and  the  seal  of  the 
board  of  directors  shall  be  affixed  and  the  bonds  of  each  issue  shall  be 


325  DRAINAGE.  Act  937,  §§  29-31 

numbered  consecutively,  and  bear  date  at  the  time  of  their  issue.  Cou- 
pons for  the  interest  shall  be  attached  to  each  bond,  signed  by  the  secre- 
tary. Said  bonds  shall  express  on  their  face  that  they  were  signed 
by  authority  of  this  act.  stating  its  title  and  date  of  approval,  and  shall 
also  so  state  the  number  of  the  issue  of  which  such  bonds  are  a  part. 
The  secretary  shall  keep  a  record  of  the  bonds  sold,  their  number,  the 
date  of  sale,  the  price  received,  and  the  name  of  the  purchaser. 

§29.  The  board  may  sell  said  bonds  from  time  to  time  in  such  quan- 
tities as  may  be  necessary  and  most  advantageous,  to  raise  money  for 
the  construction  of  said  drains  and  works,  the  acquisition  of  said  prop- 
erty and  rights,  and  otherwise  to  fully  carry  out  the  objects  and  pur- 
poses of  this  act.  Before  making  any  sale  the  board  shall,  at  a  meeting, 
by  resolution,  declare  its  intention  to  sell  a  specified  amount  of  the  bonds, 
and  the  day  and  hour  and  place  of  such  sale,  and  shall  cause  such  reso- 
lution to  be  entered  in  the  minutes,  and  notice  of  the  sale  to  be  given, 
by  publication  thereof  at  least  three  weeks  in  some  newspaper  pub- 
lished in  the  county  where  the  office  of  the  board  of  directors  is  located, 
and  in  any  other  newspaper,  at  its  discretion.  The  notice  shall  state 
that  sealed  proposals  will  be  received  by  the  board  at  their  office,  for  the 
purchase  of  bonds,  till  the  day  and  hour  named  in  the  resolution.  At 
the  time  appointed  the  board  shall  open  the  proposals,  and  award  the 
purchase  of  the  bonds  to  the  highest  responsible  bidder;  provided,  how- 
ever, that  they  may  reject  all  bids.  Said  board  shall  in  no  event  sell 
any  of  the  said  bonds  for  less  than  the  par  value  thereof. 

§  30.  Any  bonds  issued  under  the  provisions  of  this  act,  shall  be  a 
lien  upon  the  property  of  the  district  and  the  lien  for  the  bonds  of  any 
issue  shall  be  a  preferred  lien  to  that  for  any  subsequent  issue.  Said 
bonds,  and  the  interest  thereon,  shall  be  paid  by  revenue  derived  from 
an  annua]  assessment  upon  the  real  property  of  the  district;  and  all  the 
real  property  in  the  district  shall  be  and  remain  liable  to  be  assessed 
for  such  payments  as  hereinafter  provided. 

§31.  In  case  the  money  raised  by  the  sale  of  bonds  issued  be  insuf- 
ficient or  in  case  the  bonds  be  unavailable  for  the  completion  of  the  plan 
of  drainage  and  works  adopted,  and  additional  bonds  be  not  voted,  it 
shall  be  the  duty  of  the  board  of  directors  to  provide  for  the  comple- 
tion of  said  plan  by  levy  of  assessments  therefor;  provided,  however, 
that  such  levy  of  assessments  shall  not  be  made  except  first  an  estimate 
of  the  amount  required  for  such  purposes  has  been  made  by  said  board, 
and  the  question  as  to  the  making  of  said  levy  submitted  to  a  vote  of 
the  electors  of  the  district.  Before  such  question  is  submitted,  the 
order  of  submission  shall  be  entered  in  the  minutes  of  the  board,  stating 
the  amount  to  be  levied  and  the  purpose  therefor,  and  if  submitted  at  a 
special  election  said  order  shall,  in  addition,  fix  the  day  of  election. 
Notice  of  such  election  must  be  given  by  posting  notices  in  three  public 
places  in  each  election  precinct  in  said  district  for  at  least  twenty  days, 
and   also   by   publication   of   such   notice   in   some   newspaper   published 


Act  987,  §§  32-34  GENERAL  LAWS.  826 

in  the  county  where  the  office  of  the  board  of  directors  of  such  district 
is  required  to  be  kept,  once  a  week  for  at  least  three  successive  weeks. 
Such  notices  must  specify  the  time  of  holding  the  election,  and  the 
amount  of  assessment  proposed  to  be  levied.  Said  election  must  be  held 
and  the  result  thereof  determined  and  declared  in  all  respects  as  nearly 
as  practicable  in  conformity  with  the  provisions  of  this  act  governing  the 
election  of  officers;  provided',  that  no  informalities  in  conducting  such 
an  election  shall  invalidate  the  same,  if  the  election  shall  have  been 
otherwise  fairly  conducted.  At  such  election  the  ballots  shall  contain 
the  words  "Assessment — Yes,"  or  "Assessment— No,"  or  words  equiva- 
lent thereto.  If  a  majority  of  the  votes  cast  are  "Assessment — Yes," 
the  board  of  directors  shall  proceed  in  the  manner  prescribed  in  sec- 
tions 40-43  herein  provided  for  raising  funds  for  the  annual  requirements; 
if  a  majority  of  the  votes  east  are  "Assessment — No,"  the  result  of  such 
election  shall  be  so  declared  and  entered  of  record. 

§  32.  Whenever  a  district  organized  under  the  provisions  of  this  act, 
has  outstanding  bonds,  coupons,  or  other  evidences  of  indebtedness,  the 
payment  thereof  may  be  provided  for  by  the  issuance  of  new  bonds,  in 
the  manner  hereinafter  prescribed. 

§33.  In  order  to  propose  the  funding  of  such  bonds,  coupons,  or 
other  evidences  of  indebtedness  a  petition  shall  be  presented  to  the  board 
of  directors  of  such  drainage  district,  signed  by  a  majority  in  number 
of  holders  of  title  or  evidences  of  tLtle  to  real  property  in  such  district, 
which  petition  shall  set  forth  the  amount  of  bonds,  coupons,  or  other 
evidences  of  indebtedness  proposed  to  be  funded,  together  with  a  gen- 
eral description  of  same,  also  the  total  amount  of  the  bonds  sought  to 
be  issued  (provided,  that  said  amount  shall  in  no  case  be  greater  than 
the  total  amount  of  bonds,  coupons,  and  other  evidences  of  indebtedness 
than  outstanding  and  sought  to  have  funded),  together  with  a  full  and 
complete  statement  of  the  purposes  for  which  such  bonds  are  to  be  used. 
On  presentation  of  such  petition,  the  same  shall  be  entered  in  full  on 
the  minutes  of  the  board. 

§34.  Immediately  after  the  recording  of  said  petition,  the  board  shall 
call  a  special  election,  at  which  shall  be  submitted  to  the  electors  of 
such  district  the  question  whether  or  not  the  bonds  of  such  district  in 
the  amount  set  forth  in  said  petition  shall  be  issued.  Notice  of  such 
election  must  be  given  by  posting  notices  in  three  public  places  in 
each  election  precinct  in  said  district  for  at  least  twenty  days,  and 
also  by  publication  of  such  notice  in  some  newspaper  published  in  the 
county  where  the  office  of  the  board  of  directors  of  such  district  is  re- 
quired to  be  kept,  once  a  week  for  at  least  three  successive  weeks  be- 
fore such  election.  Such  notice  must  specify  the  time  of  holding  the 
election,  the  amount  of  bonds  proposed  to  be  issued,  the  amount  of  bonds, 
coupons  or  other  evidences  of  indebtedness  proposed  to  be  funded,  to- 
gether with  a  general  description  of  the  same.  Said  election  shall  be 
held  and  the  result  thereof  determined  and  declared  in  all  respects  as 
nearly   as  practicable   in  conformity   with   the   provisions  governing  the 


827  DRAINAGE.  Act  987,  §§  35-38 

election  of  officers;  provided,  that  no  informalities  in  conducting  such  an 
election  shall  invalidate  the  same,  if  the  election  shall  have  been  other- 
wise fairly  conducted.  At  such  election,  the  ballots  shall  contain  the 
words  "Bonds — Yes"  or  "Bonds — No"  or  words  equivalent  thereto.  If 
two-thirds  of  the  votes  cast  are  "Bonds — Yes"  the  board  of  directors 
shall  cause  bonds  in  said  amount  to  be  issued.  If  more  than  one-third 
of  the  votes  cast  at  such  election  are  "Bonds — No,"  the  result  of  such 
election  shall  be  so  declared.  The  result  in  either  case  shall  be  duly 
entered  of  record. 

§  35.  If  said  bonds  are  directed  to  be  issued  as  herein  provided  for,  the 
board  of  directors  shall  cause  the  same  to  be  issued.  Said  bonds  shall  be 
made  payable  in  gold  coin  of  the  United  States,  in  twenty  series,  as  follows, 
to  wit:  On  the  first  day  of  January  after  the  expiration  of  twenty  years, 
five  per  cent  of  the  whole  amount  of  said  bonds,  and  on  the  first  day  of 
January  of  each  year  thereafter,  an  equal  amount  of  such  bonds  until 
all  shall  have  been  finally  paid;  that  is,  five  per  cent  of  the  whole  issue 
of  bonds — not  five  per  cent  of  each  bond,  each  being  wholly  payable 
when  due.  Said  bonds  shall  bear  interest  at  the  rate  of  five  per"  cent 
per  annum,  payable  semi-annually  on  the  first  day  of  January  and  July 
of  each  year.  They  shall  be  negotiable  in  form,  and  shall  be"  of  denom- 
inations of  not  less  than  $100  nor  more  than  $500.  Said  bonds  shall 
in  all  respects  conform  to  the  form  of  bonds  prescribed  hereinbefore. 

§  36.  It  shall  be  unlawful  to  sell  or  exchange  any  of  the  bonds  as 
herein  provided  for  less  than  their  par  value. 

§  37.  When  bonds  issued  under  section  35  of  this  act  shall  be  duly 
executed,  they  shall  be  deposited  with  the  treasurer  of  the  county 
wherein  the  district  was  organized,  who  is  hereby  authorized  and  charged 
with  the  duty  of  receiving  the  same,  and  his  receipt  shall  be  taken 
therefor,  and  he  shall  be  charged  with  the  same  on  his  official  bond, 
and  shall  have  no  power  to  deliver  the  same  in  exchange  for  any  bonds 
or  indebtedness  proposed  to  be  funded  until  the  bonds  or  evidence  of 
indebtedness  proposed  to  be  funded  shall  have  been  surrendered  to  him, 
and  he  shall  have  been  ordered  by  the  board  of  directors  of  the  district, 
by  an  order  duly  entered  on  their  records  to  make  such  delivery.  When 
such  bonds  have  been  exchanged  for  other  bonds,  coupons,  or  other  evi- 
dences of  indebtedness,  the  said  treasurer  shall  at  once  cancel  such  other 
bonds,  coupons,  or  other  evidences  of  indebtedness  by  writing  across 
the  face  thereof  "Canceled"  and  the  date  of  cancellation,  and  report  the 
same  with  his  next  regular  report  hereinafter  provided  for  to  the  board 
of  directors  of  the  district  designating  the  bond,  coupon,  or  other  evi- 
dence of  indebtedness,  so  that  it  can  be  identified,  the  date  of  can- 
cellation, and  the  person  from  whom  it  was  received,  together  with  the 
amount  paid  therefor,  or  the  terms  of  exchange,  in  case  there  is  an  ex- 
change. 

§38.  When  said  bonds  are  issued  for  the  purpose  of  sale  to  the  high- 
est bidder,  the  board  may  sell  said  bonds  from  time  to   time,  in  such 


Act  987,  §§  39-42  GENERAL  LAWS.  828 

quantities  as  may  be  necessary  and  most  advantageous,  to  raise  money 
to  pay  bonds,  coupons,  or  other  evidences  of  indebtedness  of  the  district 
which  were  outstanding  at  the  time  of  the  filing  of  said  petition,  and 
generally  described  therein.  Eesolution  of  intention  must  be  declared, 
and  notice  given,  and  the  sale  conducted  in  the  manner  prescribed  in 
section  29  of  this  act  for  the  sale  of  original  bonds.  Said  bonds  shall 
in  no  event  be  sold  for  less  than  their  par  value  including  accrued  in- 
terest. All  moneys  realized  from  the  sale  of  bonds,  issued  under  the 
provisions  of  this  section,  shall  be  paid  into  the  hands  of  the  said  treas- 
urer, and  by  him  kept  in  a  separate  fund,  known  as  the  funding  fund, 
and  shall  be  applied  exclusively  to  the  payment  of  bonds,  coupons,  or 
other  evidences  of  indebtedness  of  the  district  outstanding  at  the  time 
of  filing  of  the  said  petition,  and  described  therein. 

§  39.  The  bonds  issued  as  herein  provided  for  may  be  exchanged,  at 
not  less  than  their  par  value,  including  accrued  interest,  for  any  of  the 
indebtedness  set  out  and  described  in  the  notice  of  the  election  authoriz- 
ing the  issuance  of  said  refunding  bond.  A  contract  for  such  exchange 
may  be  made  by  the  board  of  directors  upon  such  terms  as  said  board 
may  deem  advisable;  provided,  that  they  must  receive  not  less  than  par 
value  for  the  bonds  so  exchanged. 

§  40.  The  board  of  directors  must,  on  or  before  the  first  meeting  of 
the  board  of  supervisors  in  September  of  each  year,  furnish  the  super- 
visors and  the  auditor  of  the  county  wherein  the  district  is  situated,  or 
if  such  district  is  not  entirely  within  one  county,  then  as  hereinafter 
provided,  to  the  supervisors  and  auditors  of  each  county  in  which  any 
portion  of  the  district  is  situated,  an  estimate  in  writing  of  the  amount 
of  money  needed  for  the  purposes  of  the  district  for  the  ensuing  fiscal 
year.  This  amount  must  be  sufficient  to  raise  the  annual  interest  on  the 
outstanding  bonds,  to  pay  the  estimated  cost  of  repairs,  the  incidental 
expenses  of  the  district,  and  in  any  year  in  which  any  bonds  shall  fall 
due,  an  amount  sufficient  to  pay  the  principal  of  the  outstanding  bonds 
as  they  mature. 

§41.  If  such  district  is  in  more  than  one  county  the  total  estimate 
as  provided  for  in  the  preceding  section  shall  be  divided  by  the  board 
of  directors  in  proportion  to  value  of  the  real  property  of  the  district 
in  each  county.  This  value  must  be  determined  from  the  equalized 
values  of  the  last  assessment-rolls  of  such  counties.  When  such  division 
of  the  estimate  has  been  made,  the  board  shall  furnish  the  supervisors 
and  auditors  of  the  respective  counties  a  written  statement  of  that  part 
of  the  estimate  apportioned  to  that  county. 

§  42.  The  board  of  supervisors  of  each  county  wherein  is  situated  a 
district  or  any  part  thereof  organized  under  the  provisions  of  this  act, 
must,  annually,  at  the  time  of  levying  county  taxes,  levy  a  tax  to  be 

known  as  the  " (name  of  district)   drainage  district  tax,"  sufficient 

to  raise  an  amount  reported  to  them  as  herein  provided,  by  the  board  of 
directors.     The  supervisors  must  determine  the  rate  of  such  tax  by  de- 


329  DRAINAGE.  Act  987,  §§  43-48 

ducting  fifteen  per  cent  for  anticipated  delinquencies  from  the  total  as- 
sessed value  of  the  real  property  of  the  district  within  the  county  as  it 
appears  on  the  assessment-roll  of  the  county,  and  then  dividing  the  sum 
reported  by  the  board  of  directors  as  required  to  be  raised  by  the  re- 
mainder of  such  total  assessed  value, 

§43.  The  tax  so  levied  shall  be  computed  and  entered  on  the  assess- 
ment-roll by  the  county  auditor,  and  if  the  supervisors  fail  to  levy  the 
tax  as  provided  in  the  preceding  section,  then  the  auditor  must  do  so. 
Such  tax  shall  be  collected  at  the  same  time  and  in  the  same  manner 
as  state  and  county  taxes,  and  when  collected  shall  be  paid  into  the 
county  treasury  for  the  use  of  said  district. 

§  44.  The  provisions  of  the  Political  Code  of  this  state  prescribing 
the  manner  of  levying  and  collecting  taxes  and  the  duties  of  the  sev- 
eral county  officers  with  respect  thereto,  are,  so  far  as  they  are  appli- 
cable and  not  in  conflict  with  the  specific  provisions  of  this  act,  hereby 
adopted  and  made  a  part  hereof.  Such  officers  shall  be  liable  upon  their 
several  official  bonds  for  the  faithful  discharge  of  the  duties  imposed 
upon  them  by  this  act. 

§  45.  If  the  district  is  in  more  than  one  county,  the  treasury  of  the 
county  wherein  the  district  was  organized  shall  be  the  repository  of  all 
the  funds  of  the  district.  For  this  purpose  the  treasurers  of  any  other 
cou-dties  wherein  is  situated  a  portion  of  said  district,  must,  at  any  time, 
not  oftener  than  twice  each  year,  upon  the  order  of  the  board  of  direc- 
tors, settle  with  said  board  and  pay  over  to  the  treasurer  of  the  county 
where  the  district  was  organized,  all  moneys  in  their  possession  belong- 
ing to  the  district.  Said  last-named  treasurer  is  authorized  and  re- 
quired to  receive  and  receipt  for  the  same,  and  to  place  the  same  to  the 
credit  of  the  district.  He  shall  be  responsible  upon  his  official  bond  for 
the  safekeeping  and  disbursement,  in  the  manner  herein  provided,  of 
these  and  all  other  moneys  of  the  district  held  by  him. 

§  46.  The  following  funds  are  hereby  created  and  established,  to 
which  the  moneys  properly  belonging  shall  be  apportioned  by  the  treas- 
urer, to  wit:  Bond  fund,  construction  fund,  general  fund,  funding  fund. 

§  47.  The  treasurer  shall  pay  out  of  the  same  only  upon  warrants  of 
the  board  of  directors,  signed  by  the  president  and  attested  by  the  sec- 
retary. The  treasurer  shall  report  in  writing  at  each  regular  meeting 
of  the  board  of  directors  and  as  often  thereafter  as  requested  by  the 
board,  the  amount  of  money  in  the  fund,  the  amount  of  receipts  since  his 
last  report,  and  the  amounts  paid  out;  such  reports  shall  be  verified  and 
filed  with  the  secretary  of  the  board. 

§  48.  Upon  the  presentation  of  the  coupons  due,  to  the  treasurer,  he 
shall  pay  the  same  from  the  bond  fund.  Whenever  said  fund  shall 
amount  to  the  sum  of  ten  thousand  dollars  in  excess  of  an  amount  suf- 
ficient  to   meet   the   interest   coupons   due,   the   board   of   directors   may 


Act  987,  §§  49-52  GENERAL  LAWS.  830 

direct  the  treasurer  to  pay  such  an  amount  of  said  bonds  not  due  as  the 
money  in  said  fund  will  redeem,  at  the  lowest  value  at  which  they  may 
be  offered  for  liquidation,  after  advertising  in  the  manner  hereinbefore 
provided  for  the  sale  of  bonds,  for  sealed  proposals  for  the  redemption 
of  said  bonds.  Said  proposals  shall  be  opened  by  the  board  in  open 
meeting,  at  a  time  to  be  named  in  the  notice,  and  the  lowest  bid  for 
said  bonds  must  be  accepted;  provided,  that  no  bond  shall  be  redeemed 
at  a  rate  above  par.  In  case  the  bids  are  equal,  the  lowest  numbered 
bond  shall  have  the  preference.  In  case  none  of  the  holders  of  said 
bonds  shall  desire  to  have  the  same  redeemed,  as  herein  provided  for, 
said  money  shall  be  invested  by  the  treasurer,  under  the  direction  of 
the  board,  in  United  States  bonds,  or  the  bonds  of  the  state,  which  shall 
be  kept  in  said  "bond  fund"  and  may  be  used  to  redeem  said  district 
bonds  whenever  the  holders  thereof  may  desire. 

§  49.  After  adopting  a  plan  for  such  conduits,  drains,  pumping  plants, 
water-gates  and  other  works  as  in  this  act  provided  for,  the  board  of 
directors  shall  give  notice  by  publication  thereof  not  less  than  twenty 
days  in  one  newspaper  published  in  each  of  the  counties  composing  the 
district  (provided,  a  newspaper  is  published  therein)  and  in  such  other 
newspapers  as  they  may  deem  advisable,  calling  for  bids  for  the  con- 
struction of  such  work,  or  of  any  portion  thereof;  if  less  than  the  whole 
work  is  advertised,  then  the  portion  so  advertised  must  be  particularly 
described  in  such  notice.  Said  notice  shall  set  forth  that  plans  and 
specifications  can  be  seen  at  the  office  of  the  board,  and  that  the  board 
will  receive  sealed  proposals  therefor,  and  that  the  contract  will  be  let 
to  the  lowest  responsible  bidder,  stating  the  time  and  place  for  opening 
said  proposals,  which,  at  the  time  and  place  appointed  shall  be  opened 
in  public;  and  as  soon  as  convenient  thereafter  the  board  shall  let  said 
work,  whether  in  portions  or  as  a  whole,  to  the  lowest  responsible  bidder; 
or  they  may  reject  any  or  all  bids  and  readvertise  for  proposals,  or  may 
proceed  to  construct  the  work  under  their  own  superintendence.  Con- 
tracts for  the  purchase  of  material  shall  be  awarded  to  the  lowest  re- 
sponsible bidder.  Any  person  or  persons  to  whom  a  contract  may  be 
awarded  shall  enter  into  a  bond,  with  good  and  sufficient  sureties,  to  be 
approved  by  the  board,  payable  to  said  district  for  its  use  for  fifty  per 
cent  of  the  amount  of  the  contract  price,  conditioned  for  the  faithful 
performance  of  said  contract.  The  work  shall  be  done  under  the  direction 
and  to  the  satisfaction  of  the  engineer,  and  be  approved  by  the  board. 

§50.  No  claim  shall  be  paid  by  the  treasurer  until  allowed  by  the 
board,  and  only  upon  a  warrant  signed  by  the  president,  and  counteri- 
signed  by  the  secretary. 

§  51.  The  cost  and  expense  of  purchasing  and  acquiring  property  and 
constructing  the  works  and  improvements  herein  provided  for,  shall  be 
wholly  paid  out  of  the  construction  fund. 

§  52.  The  board  of  directors  shall  have  power  to  construct  the  works 
necessary  for  drainage  purposes  across  any  stream  of  water,  watercourse, 


831  DRAINAGE.  Act  987.  §§  53-56 

street,  avenue,  highway,  railway,  canal,  ditch,  or  flume  which  the  route 
of  said  conduits  or  drains  may  intersect  or  cross,  in  such  manner  as  to 
afford  security  for  life  and  property;  but  said  board  shall  restore  the 
same,  when  so  crossed  or  intersected,  to  its  former  state  as  near  as  may 
be,  or  in  such  manner  as  not  to  have  impaired  unnecessarily  its  useful- 
ness; and  every  company  whose  railroad,  and  the  board  of  supervisors, 
where  any  public  highway  shall  be  intersected  or  crossed  by  said  works, 
shall  unite  with  said  board  in  forming  said  intersections  and  crossings, 
and  grant  the  privileges  aforesaid,  and  if  such  railroad  company,  or  said 
board  of  supervisors,  or  the  owners  and  controllers  of  the  said  property, 
thing,  or  franchise  so  to  be  crossed,  and  the  said  board  cannot  agree 
upon  the  amount  to  be  paid  therefor,  or  the  points  or  the  manner  of  said 
crossings  or  intersections,  the  same  shall  be  ascertained  and  determined 
in  all  respects  as  is  herein  provided  in  respect  to  the  taking  of  property 
by  condemnation.  The  right  of  way  is  hereby  given,  dedicated,  and  set 
apart,  to  locate,  construct  and  maintain  said  works  over  and  through 
any  of  the  lands  which  are  now  or  may  be  the  property  of  this  state. 

§53.  Each  member  of  the  board  of  directors  shall  receive  three  dol- 
lars per  day  for  each  day's  attendance  at  the  m.eetirgs  of  the  board,  and 
actual  and  necessary  expenses  while  engaged  in  official  business  under 
the  order  of  the  board. 

§  54.  No  director  or  any  other  officer  named  in  this  act  shall  in  any 
manner  be  interested,  directly  or  indirectly  in  any  contract  awarded  or 
to  be  awarded  by  the  board,  or  in  the  profits  to  be  derived  therefrom; 
and  for  any  violation  of  this  provision,  such  officer  shall  be  deemed  guilty 
of  a  misdemeanor,  and  such  conviction  shall  work  a  forfeiture  of  his 
office,  and  he  shall  be  punished  by  a  fine  not  exceeding  five  hundred  dol- 
lars or  by  imprisonment  in  the  county  jail  not  exceeding  six  months, 
or  by  both  such  fine  and  imprisonment. 

§  55.  The  board  of  directors  may  at  any  time,  when  in  their  judgment 
it  may  be  deemed  advisable  call  a  special  election  and  submit  to  the 
qualified  electors  of  the  district  the  question,  whether  or  not  a  special 
assessment  shall  be  levied  for  the  purpose  of  raising  money  to  be  ap- 
plied to  any  of  the  purposes  provided  in  this  act.  Such  election  must 
he  called  upon  the  notice  prescribed  and  the  same  shall  be  held  and  the 
result  thereof  determined  and  declared  in  all  respects  in  conformity  with 
the  provisions  of  section  27  of  this  act.  The  notice  must  specify  the 
amount  of  money  proposed  to  be  raised  and  the  purpose  for  which  it  is 
intended  to  be  used.  At  such  elections  the  ballots  shall  contain  the 
words  "Assessment — Yes"  or  "Assessment — No."  If  two-thirds  or  more 
of  the  votes  cast  are  "Assessment — Yes,"  the  board  shall  proceed  in  the 
manner  hereinbefore  prescribed  for  raising  the  annual  funds  by  taxation. 
When  collected,  the  money  shall  be  paid  into  the  district  treasury  for 
the  purpose  specified  in  the  notice  of  such  special  election. 

§  56.  The  board  of  directors  shall  have  no  power  to  incur  any  debt  or 
liability  whatever,  either  by  issuing  bonds  or  otherwise,  in  excess  of  the 


Act  987,  §§  57-59  GENERAL  LAWS.  832 

express  provisions  of  this  act;  and  any  debt  or  liability  incurred  in  ex- 
cess of  such  express  provisions  shall  be  and  remain  absolutely  void; 
except  for  the  purposes  of  organization,  or  for  any  of  the  purposes  of 
this  act,  the  board  of  directors  may,  before  the  collection  of  the  first 
assessment,  incur  an  indebtedness  not  exceeding  in  the  aggregate  the 
surn  of  two  thousand  dollars,  and  may  cause  warrants  of  the  district 
to  issue  therefor,  bearing  interest  at  seven  per  cent  per  annum. 

§57.  The  rights  of  way,  ditches,  drains,  conduits,  flumes,  pipe-lines, 
dams,  reservoirs,  pumping  plants,  and  other  property  of  like  character 
belonging  to  any  drainage  district  shall  not  be  taxed  for  state  and  county 
or  municipal  purposes. 

§  58.  The  board  of  directors  shall  within  thirty  days  after  the  issue 
of  any  bonds  herein  provided  for  bring  an  action  in  the  superior  court 
of  the  county  wherein  is  located  the  office  of  such  board,  to  determine 
the  validity  of  any  such  bonds.  Such  action  shall  be  in  the  nature  of  a 
proceeding  in  rem,  and  jurisdiction  of  all  parties  interested  may  be  had 
by  publication  of  summons  for  at  least  once  a  week  for  three  weeks  in 
some  paper  of  general  circulation  published  in  the  county  where  the 
action  is  pending,  such  paper  to  be  designated  by  the  court  having  juris- 
diction of  the  proceedings.  Jurisdiction  shall  be  complete  within  thirty 
days  after  the  full  publication  of  such  summons  in  the  manner  herein 
provided.  Anyone  interested  may,  at  any  time  before  the  expiration  of 
said  thirty  days,  appear  and  by  proper  proceedings  contest  the  validity 
of  such  bonds,  and  may  in  the  same  action  or  proceeding  contest  the 
validity  of  any  bonds,  coupons,  or  other  evidences  of  indebtedness  re- 
ferred to  in  the  petition  for  funding  and  proposed  to  be  funded,  and  if 
any  such  bonds,  coupons,  or  evidences  of  indebtedness  be  shown  to  be 
invalid,  then  the  same  shall  only  be  funded  for  the  amount  of  such 
proportion  thereof  as  equals  the  fair  and  reasonable  value  of  whatever 
the  district  may  have  received  in  consideration  therefor,  together  with 
unpaid  interest  thereon,  and  the  amount  of  such  proiiortion  shall  be  de- 
termined and  adjudicated  by  the  court  in  said  action  or  proceeding. 
Such  action  shall  be  speedily  tried  and  judgment  rendered  declaring  such 
bonds  so  contested  either  valid  or  invalid.  Either  party  shall  have  the 
right  to  appeal  at  any  time  within  thirty  days  after  the  entry  of  such 
judgment,  which  appeal  must  be  heard  and  determined  within  three 
months  from  the  time  of  taking  such  appeal. 

§59.  If  no  such  proceeding  shall  have  been  taken  by  the  board  of 
directors,  then  at  any  time  after  thirty  days  and  within  ninety  days 
after  the  issue  of  any  bonds  under  the  provisions  of  this  act,  any  dis- 
trict assessment  payer  may  bring  an  action  in  the  superior  court  of  the 
county  wherein  the  office  of  the  board  of  directors  is  located,  to  deter- 
mine the  validity  of  any  such  bonds.  The  board  of  directors  shall  be 
made  parties  defendant  and  service  of  summons  shall  be  made  on  the 
members  of  the  board  personally,  if  they  can  be  found  within  the  state; 
if  not,  then  by  publication  for  three  weeks  in  some  newspaper,  of  gen- 


833  DRAINAGE.  Act  987,  §§  60-64 

eral  circulation  witliin  the  county  wherein  the  office  of  tho  board  of 
directors  is  located,  such  newspaper  to  be  designated  by  the  court  hav- 
ing jurisdiction.  Before  such  publication  can  be  had,  an  affidavit,  in 
the  usual  form  shall  be  made,  showing  such  facts.  Said  board  shall 
have  the  right  to  appear  and  contest  such  action.  Notice  of  said  action 
shall  be  given  by  publication  of  summons  therein  in  the  same  manner 
and  for  the  same  time  as  required  in  the  preceding  section  hereof  in 
actions  brought  by  the  publication  of  such  summons  in  the  manner  herein 
provided.  Any  district  assessment  payer  or  anyone  interested  may  ap- 
pear and  defend  said  action,  and  thereafter  the  same  proceedings  shall 
be  had  in  such  action  as  are  hereinbefore  provided  for  in  the  preceding 
section  hereof  in  actions  brought  by  the  board  of  directors,  and  the  same 
matters  determined  and  adjudicated  by  the  court  therein.  Such  action 
shall  be  speedily  tried,  with  the  right  of  appeal  to  either  party,  within 
the  time  and  manner  herein  provided  for  the  bringing  of  actions  by  the 
board  to  determine  such  matters.  Such  appeal  shall  be  heard  and  deter- 
mined within  three  months  from  the  time  of  taking  such  appeal. 

§  60.  At  the  hearing  of  such  proceedings  the  court  shall  hear  and 
determine  the  sufficiency  of  all  proceedings. 

§  61,  If  more  than  one  action  shall  be  pending  at  the  same  time  con- 
cerning similar  contests  in  this  act  provided  for,  they  shall  be  consoli- 
dated and  tried  together. 

§  62.  The  court  hearing  any  of  the  contests  herein  provided  for,  in 
inquiring  into  the  regularity,  legality,  or  correctness  of  such  proceedings, 
must  disregard  any  error,  irregularity  or  omission  which  does*not  affect 
the  substantial  rights  of  the  parties  to  said  action  or  proceeding.  The 
rules  of  pleading  and  practice  provided  by  the  Code  of  Civil  Procedure, 
which  are  not  inconsistent  with  the  provisions  of  this  act,  are  applicable 
to  all  actions  or  proceedings  herein  provided  for.  The  costs  of  any  hear- 
ing or  contest  herein  provided  for  may  be  allowed  and  apportioned  be- 
tween the  parties  or  attached  to  the  losing  party,  in  the  discretion  of 
the  court. 

§  63.  No  contest  of  any  matter  or  thing  herein  provided  for  shall  be 
made  other  than  within  the  time  and  manner  herein  specified. 

§  64.  The  boundaries  of  any  drainage  district  now  organized  or  here- 
after organized  under  the  provisions  of  this  act,  may  be  changed,  and 
tracts  of  land  which  were  included  within  the  boundaries  of  such  dis- 
trict at  or  after  its  organization  under  the  provisions  of  this  act,  may 
be  excluded  therefrom,  in  the  manner  herein  prescribed;  but  neither  such 
change  of  the  boundaries  of  the  districts  nor  such  exclusion  of  lands 
from  the  district  shall  impair  or  affect  its  organization,  or  its  right  in  or 
to  property,  or  any  of  its  rights  or  privileges  of  whatever  kind  or  nature; 
nor  shall  it  affect,  impair,  or  discharge  any  contract,  obligation,  lien, 
or  charge  for  or  upon  which  said  district  was  or  may  become  liable  or 


Act  987,  §§  65-67  GENERAL  LAWS.  334 

chargeable,  had  said  change  of  its  boundaries  not  been  made,  or  had  not 
6uch  land  been  excluded  from  the  district. 

§  65.  The  owner  or  owners  in  fee  of  one  or  more  tracts  of  land  which 
constitute  a  portion  of  a  drainage  district,  may,  jointly  or  severally, 
file  with  the  board  of  directors  of  the  district  a  petition,  praying  that 
such  tract  or  tracts,  and  any  other  tracts  contiguous  thereto,  may  be 
excluded  and  taken  from  said  district.  The  petition  shall  state  the 
grounds  and  reasons  upon  which  it  is  claimed  that  such  lands  should  be 
excluded,  and  shall  describe  the  boundaries  thereof,  and  also  the  lands  of 
such  petitioner,  or  petitioners  which  are  included  within  such  boundaries; 
but  the  description  of  such  lands  need  not  be  more  particular  or  certain 
than  is  required  when  the  lands  are  entered  in  the  assessment-book  by 
the  county  assessor.  Such  petition  must  be  acknowledged  in  the  same 
manner  and  form  as  is  required  in  the  case  of  a  conveyance  of  land,  and 
the  acknowledgment  shall  have  the  same  force  and  effect  as  evidence  as 
the  acknowledgment  of  such  a  conveyance. 

§66.  The  secretary  of  the  board  of  directors  shall  cause  a  notice  of 
the  filing  of  such  petition  to  be  published  for  at  least  two  weeks  in 
some  newspaper  published  in  the  county  where  the  office  of  the  board 
of  directors  is  situated,  and  if  any  portion  of  such  territory  to  be  ex- 
cluded lie  within  another  county  or  counties,  then  said  notice  shall  be 
60  published  in  a  newspaper  published  within  each  of  said  counties;  or, 
if  no  newspaper  be  published  therein,  then  by  posting  such  notice  for 
the  same  time  in  at  least  three  public  places  in  said  district,  and  in 
case  of  the  posting  of  said  notices,  one  of  said  notices  must  be  so  posted 
on  the  llnds  proposed  to  be  excluded.  The  notice  shall  state  the  filing 
of  such  petition,  the  names  of  the  petitioners,  a  description  of  the  lands 
mentioned  in  said  petition,  and  the  prayer  of  said  petition;  and  it  shall 
notify  all  persons  interested  in,  or  who  may  be  affected  by  such  change 
of  the  boundaries  of  the  district,  to  appear  at  the  office  of  said  board 
at  a  time  named  in  said  notice,  and  show  cause,  in  writing,  if  any  they 
have,  why  the  change  of  the  boundaries  of  said  district,  as  proposed  in 
said  petition,  should  not  be  made.  The  time  to  be  specified  in  the  notice 
at  which  they  shall  be  required  to  show  cause  shall  be  the  regular  meet- 
ing of  the  board  next  after  the  expiration  of  the  time  for  the  publica- 
tion of  the  notice. 

§  67.  The  board  of  directors,  at  the  time  and  place  mentioned  in  the 
notice,  or  at  the  time  or  times  to  which  the  hearing  of  said  petition 
may  be  adjourned,  shall  proceed  to  hear  the  petition,  and  all  evidence  of 
proofs  that  may  or  shall  be  introduced  by  or  on  behalf  of  the  petitioner 
or  petitioners,  and  all  objections  to  such  petition  that  may  or  shall  be 
presented  in  writing  by  any  person  showing  cause  as  aforesaid,  and  all 
evidence  and  proofs  that  may  be  introduced  in  support  of  such  objec- 
tions. Such  evidence  shall  be  taken  down,  in  shorthand,  and  a  record 
made  theroof  and  filed  with  the  board.  The  failure  of  any  person  inter- 
ested in  said  district,  other  than  the  holders  of  bonds  thereof  outstanding 


335  DRAINAGE.  Act  987,  §§  68-70 

at  the  time  of  the  filing  of  said  petition  with  said  board,  to  show  cause, 
in  writing,  why  the  tract  or  tracts  of  land  mentioned  in  said  petition 
should  not  be  excluded  from  said  district,  shall  be  deemed  and  taken 
as  an  assent  by  him  to  the  exclusion  of  such  tract  or  tracts  of  land,  or 
any  part  thereof,  from  said  district;  and  the  filing  of  such  petition  with 
said  board,  as  aforesaid,  shall  be  deemed  and  taken  as  an  assent  by  each 
and  all  of  such  petitioners  to  the  exclusion  from  such  district  of  the 
lands  mentioned  in  the  petition,  or  any  part  thereof.  The  expenses  of 
giving  said  notice  and  of  the  aforesaid  proceedings  shall  be  paid  by  the 
person  or  persons  filing  such  petition. 

§  68.  If,  upon  the  hearing  of  any  such  petition,  no  evidence  or  proofs 
in  support  thereof  be  introduced,  or  if  the  evidence  fail  to  sustain  said 
petition,  or  if  the  board  deem  it  not  for  the  best  interests  of  the  dis- 
trict that  the  lands,  or  some  portion  thereof,  mentioned  in  the  petition 
should  be  excluded  from  the  district,  the  board  shall  order  that  said 
petition  be  denied  as  to  such  lands;  but  if  the  said  board  deem  it  for 
the  best  interests  of  the  district  that  the  lands  mentioned  in  the  petition, 
or  some  portion  thereof,  be  excluded  from  the  district,  and  if  no  person 
interested  in  the  district  show  cause  in  writing,  why  the  said  lauds,  or 
some  portion  thereof,  should  not  be  excluded  from  the  district,  or  if, 
having  shown  cause,  withdraws  the  same,  or  upon  the  hearing  fails  to 
establish  such  objections  as  he  may  have  made,  then  it  shall  be  the 
duty  of  the  board  to,  and  it  shall  forthwith,  make  an  order  that  the 
lands  mentioned  and  described  in  the  petition,  or  some  defined  portion 
thereof,  be  excluded  from  said  district. 

§  69.  If  there  be  outstanding  bonds  of  the  district  at  the  time  of 
the  filing  of  said  petition,  the  holders  of  such  outstanding  bonds  may 
give  their  assent,  in  writing,  to  the  effect  that  they  severally  consent 
that  the  lands  mentioned  in  the  petition,  or  such  portion  thereof  as 
may  be  excluded  from  said  district  by  order  of  said  board,  may  be  ex- 
cluded from  the  district;  and  if  said  lands,  or  any  portion  thereof,  be 
thereafter  excluded  from  the  district,  the  lands  so  excluded  shall  be  re- 
leased from  the  lien  of  such  outstanding  bonds.  The  assent  must  be 
acknowledged  by  the  several  holders  of  such  bonds  in  the  same  manner 
and  form  as  is  required  in  case  of  a  conveyance  of  land,  and  the  ac- 
knowledgment shall  have  the  same  force  and  effect  as  evidence  as  the 
acknowledgment  of  such  conveyance.  The  assent  shall  be  filed  with  the 
board,  and  must  be  recorded  in  the  minutes  of  the  board;  and  said 
minutes,  or  a  copy  thereof,  certified  by  the  secretary  of  said  board,  shall 
be  admissible  in  evidence,  with  the  same  effect  as  the  said  assent,  and 
such  certified  copy  thereof  may  be  recorded  in  the  office  of  the  county 
recorder  of  the  county  wherein  said  lands  are  situated. 

§  70.  In  the  event  the  said  board  of  directors  shall  exclude  any  lands 
from  said  district  upon  petition  therefor,  it  shall  be  the  duty  of  the 
board  of  directors  to  make  an  entry  in  the  minutes  of  the  board,  describ- 
ing the  boundaries  of  the  district,  should  the  exclusion  of  said  lands  from 


Act  987,  §§  71-74  GENERAL  LAWS.  336 

Baid  district  change  the  boundaries  of  said  district,  and  for  that  pur- 
pose the  board  may  cause  a  survey  to  be  made  of  such  portions  of  the 
district  as  the  board  may  deem  necessary;  and  a  certified  copy  of  the 
entry  in  the  minutes  of  the  board  excluding  any  land,  certified  by  the 
president  and  secretary  of  the  board,  shall  be  filed  for  record  in  the 
recorder's  office  of  each  county  within  which  are  situated  any  of  the 
land  of  the  district;  but  said  district,  notwithstanding  such  exclusion, 
shall  be  and  remain  a  drainage  district  as  fully  to  every  intent  and 
purpose  as  it  would  be  had  no  change  been  made  in  the  boundaries  of 
the  district,  or  had  the  lands  excluded  therefrom  never  constituted  a 
portion  of  the  district. 

§  71.  If  the  lands  excluded  from  any  district  under  this  act  shall 
embrace  the  greater  portion  of  any  division  or  divisions  of  such  dis- 
trict, then  the  office  of  director  for  such  division  or  divisions  shall  be- 
come and  be  vacant  at  the  expiration  of  ten  days  from  the  final  order 
of  the  board  excluding  said  lands;  and  such  vacancy  or  vacancies  shall 
be  filled  by  appointment  by  the  board  of  supervisors  of  the  county  where 
the  office  of  such  board  is  situated,  from  the  district  at  large.  A  director 
appointed  as  above  provided  shall  hold  his  office  until  the  next  regular 
election  for  said  district,  and  until  his  successor  is  elected  and  quali- 
fied. 

§72.  At  least  thirty  days  before  the  next  general  election  of  such 
district,  the  board  of  directors  thereof  shall  make  an  order  dividing 
said  district  into  three  or  five  divisions,  as  the  case  may  require,  as 
nearly  equal  in  size  as  may  be  practicable,  which  shall  be  numbered  first, 
second,  third  and  so  on,  and  one  director  shall  be  elected  by  each 
division.  For  the  purposes  of  elections  in  such  district,  the  said  board 
of  directors  must  establish  a  convenient  number  of  election  precincts, 
and  define  the  boundaries  thereof,  which  said  precincts  may  be  changed 
from  time  to  time,  as  the  board  of  directors  may  deem  necessary. 

§73.  A  guardian,  an  executor,  or  an  administrator  of  an  estate,  who 
is  appointed  as  such  under  the  laws  of  this  state,  and  who  as  such 
guardian,  executor,  or  administrator,  is  entitled  to  the  possession  of  the 
lands  belonging  to  the  estate  which  he  represents,  may  on  behalf  of 
his  ward,  or  the  estate  which  he  represents,  upon  being  thereto  properly 
authorized  by  the  proper  court,  sign  and  acknowledge  the  petition  in 
section  65  of  this  act  mentioned,  and  may  show  cause,  as  herein  pro- 
vided, why  the  boundaries  of  the  district  should  not  be  changed. 

§74.  Nothing  herein  provided  shall,  in  any  manner,  operate  to  re- 
lease any  of  the  lands  so  excluded  from  the  district  from  any  obliga- 
tion to  pay,  or  any  lien  thereon,  of  any  valid  outstanding  bonds  or  other 
indebtedness  of  said  district  at  the  time  of  the  filing  of  said  petition 
for  the  exclusion  of  said  lands,  but  upon  the  contrary,  said  lands  shall 
be  held  subject  to  said  lien,  and  answerable  and  chargeable  for  and  with 
the  payment  and  discharge  of  all  of  said  outstanding  obligations  at  the 
time  of  the  filing  of  the  petition  for  the  exclusion  of  said  land,  as  fully 


837  DRAINAGE.  Act  987,  §§  75-77 

as  though  said  petition  for  such  exclusion  were  never  filed  and  said 
order  of  exclusion  never  made;  and  for  the  purpose  of  discharging  such 
outstanding  indebtedness,  said  lands  so  excluded  shall  be  deemed  and 
considered  as  part  of  said  drainage  district  the  same  as  though  said 
petition  for  its  exclusion  had  never  been  filed  or  said  order  of  exclusion 
never  made;  and  all  provisions  which  may  have  been  resorted  to  to  com- 
pel the  payment  by  said  lands  of  its  quota  or  portion  of  said  outstanding 
obligations,  had  said  exclusion  never  been  accomplished,  may,  notwith- 
standing said  exclusion,  be  resorted  to  to  compel  and  enforce  the  payment 
on  the  part  of  said  lands  of  its  quota  and  portion  of  said  outstanding 
obligations  of  said  drainage  district  for  which  it  is  liable,  as  herein 
provided.  But  said  land  so  excluded  shall  not  be  held  answerable  or 
chargeable  for  any  obligation  of  any  nature  or  kind  whatever,  incurred 
after  the  filing  with  the  board  of  directors  of  said  district  of  the  peti- 
tion for  the  exclusion  of  said  lands  from  the  said  district;  provided, 
that  the  provisions  of  this  section  shall  not  apply  to  any  outstanding 
feonds,  the  holders  of  which  have  assented  to  the  exclusion  of  such  lands 
from  said  district,  as  hereinbefore  provided. 

§75.  The  boundaries  of  any  drainage  district  now  organized  or  here- 
after organized  under  the  provisions  of  this  act  may  be  changed  in  the 
manner  herein  prescribed,  but  such  change  of  the  boundaries  of  the  dis- 
trict shall  not  impair  or  affect  its  organization,  or  its  rights  in  or  to 
property,  or  any  of  its  rights  or  privileges  of  whatsoever  kind  or  nature; 
nor  shall  it  affect,  impair,  or  discharge  any  contract,  obligation,  lien  or 
charge  for  or  upon  which  it  was  or  might  become  liable  or  chargeable, 
had  such  change   of  its  boundaries  not  been  made. 

§  76.  The  holder  or  holders  of  title,  or  evidence  of  title,  representing 
one-half  or  more  of  any  body  of  lands  adjacent  to  the  boundary  of  a 
drainage  district,  which  are  contiguous  and  which  taken  together,  con- 
stitute one  tract  of  land,  may  file  with  the  board  of  directors  of  said 
district  a  petition,  in  writing,  praying  that  the  boundaries  of  said  dis- 
trict may  be  so  changed  as  to  include  therein  said  lands.  The  petition 
shall  describe  the  boundaries  of  said  parcel  or  tract  of  land,  and  shall 
also  describe  the  boundaries  of  the  several  parcels  owned  by  the  peti- 
tioners, if  the  petitioners  be  the  owners,  respectively,  of  distinct  parcels, 
but  such  descriptions  need  not  be  more  particular  than  they  are  re- 
quired to  be  when  such  lands  are  entered  by  the  county  assessor  in  the 
assessment-book.  Such  petition  must  contain  the  assent  of  the  petition- 
ers to  the  inclusion  within  said  district  of  the  parcels  or  tracts  of  land 
described  in  the  petition,  and  of  which  said  petition  alleges  they  are, 
respectively,  the  owners;  and  it  must  be  acknowledged  in  the  same  man- 
ner that  conveyances  of  land  are  required  to  be  acknowledged. 

§  77.  The  secretary  of  the  board  of  directors  shall  cause  a  notice  of 
the  filing  of  such  petition  to  be  given  and  published  in  the  same  manner 
and  for  the  same  time  that  notices  of  special  elections  for  the  issue  of 
bonds  are  required  by  this  act  to  be  published.     The  notice  shall  state 

6»fi-  tAWS — *2 


Act  987,  §§  78-80  GENERAL  LAWS,  838 

the  filing  of  such  petition  and  the  names  of  the  petitioners,  a  descrip- 
tion of  the  lands  mentioned  in  said  petition,  and  the  prayer  of  said 
petition;  and  it  shall  notify  all  persons  interested  in,  or  that  may  be 
affected  by  such  change  of  the  boundaries  of  the  district,  to  appear,  at 
the  office  of  said  board,  at  a  time  named  in  said  notice,  and  show  cause 
in  writing,  if  any  they  have,  why  the  change  in  the  boundaries  of  said 
district,  as  proposed  in  said  petition,  should  not  be  made.  The  time  to 
be  specified  in  the  notice  at  which  they  shall  be  required  to  show  cause 
shall  be  the  regular  meeting  of  the  board  next  after  the  expiration  of 
the  time  for  the  publication  of  the  notice.  The  petitioners  shall  advance 
to  the  secretary  sufficient  money  to  pay  the  estimated  costs  of  all  pro- 
ceedings arising  from   such  petition. 

§  78.  The  board  of  directors,  at  the  time  and  place  mentioned  in  the 
gaid  notice,  or  at  such  other  time  or  times  to  which  the  hearing  of  said 
petition  may  be  adjourned,  shall  proceed  to  hear  the  petition  and  all  the 
objections  thereto,  presented  in  writing  by  any  person  showing  cause 
as  aforesaid  why  said  proposed  change  of  the  boundaries  of  the  district 
should  not  be  made.  The  failure  by  any  person  interested  in  said  dis- 
trict, or  in  the  matter  of  the  proposed  change  of  its  boundaries,  to  show 
cause,  in  writing,  as  aforesaid,  shall  be  deemed  and  taken  as  an  assent 
on  his  part  to  a  change  of  the  boundaries  of  the  district  as  prayed  for 
in  said  petition,  or  to  such  a  change  thereof  as  will  include  a  part  of 
said  lands.  And  the  filing  of  such  petition  with  said  board,  as  afore- 
said, shall  be  deemed  and  taken  as  an  assent  on  the  part  of  each  and  all 
of  such  petitioners  to  such  a  change  of  said  boundaries  that  they  may 
include  the  whole  or  any  portion  of  the  lands  described  in  said  peti- 
tion. 

§79.  The  board  of  directors  to  whom  such  petition  is  presented,  may 
require,  as  a  condition  precedent  to  the  granting  of  the  same,  that  the 
petitioners  shall  severally  pay  to  such  district  such  respective  sums,  as 
nearly  as  the  same  can  be  estimated  (the  several  amounts  to  be  deter- 
mined by  the  board),  as  said  petitioners  or  their  grantors  would  have 
been  required  to  pay  to  such  district  as  assessments,  had  such  lands 
been  included  in  such  district  at  the  time  the  same  was  originally 
formed. 

§  80.  The  board  of  directors,  if  they  deem  it  not  for  the  best  interests 
of  the  district  that  a  change  of  its  boundaries  be  so  made  as  to  include 
therein  the  lands  mentioned  in  the  petition,  shall  order  that  the  petition 
be  rejected.  But  if  they  deem  it  for  the  best  interests  of  the  district 
that  the  boundaries  of  said  district  be  changed  and  if  no  person  inter- 
ested in  said  district  or  the  proposed  change  of  its  boundaries  shows 
cause,  in  writing,  why  the  proposed  change  should  not  be  made,  or  if, 
having  shown  cause,  withdraws  the  same,  the  board  may  order  that  the 
boundaries  of  the  district  be  so  changed  as  to  include  therein  the  lands 
mentioned  in  said  petition  or  some  part  thereof.  The  order  shall  de- 
scribe  the   boundaries   as   changed,    and    shall    also    describe    the    entire 


339  DRAINAGE.  Act  987,  §§  81-84 

boundaries  of  the  district  as  they  will  be  after  the  change  thereof  as 
aforesaid  is  made;  and  for  that  purpose  the  board  may  cause  a  survey 
to  be  made  of  such  portions  of  such  boundary  as  is  deemed  necessary. 

§  81.  If  any  person  interested  in  said  district  of  the  proposed  change 
of  its  boundaries,  shall  show  cause  as  aforesaid  why  such  boundaries 
should  not  be  changed,  and  shall  not  withdraw  the  same,  and  if  the 
board  of  directors  deem  it  for  the  best  interests  of  the  district  that  the 
boundaries  thereof  be  so  changed  as  to  include  therein  the  lands  men- 
tioned in  the  petition,  or  some  part  thereof,  the  board  shall  adopt  a 
resolution  to  that  effect.  The  resolution  shall  describe  the  exterior 
boundaries  of  the  lands  which  the  board  are  of  the  opinion  should  be 
included  within  the  boundaries  of  the  district  when  changed. 

§  82.  Upon  the  adoption  of  the  resolution  mentioned  in  the  last  pre- 
ceding section,  the  board  shall  order  that  an  election  be  held  within  said 
district,  to  determine  whether  the  boundaries  of  the  district  shall  be 
changed  as  mentioned  in  said  resolution;  and  shall  fix  the  time  at  which 
such  election  shall  be  held,  and  cause  notice  thereof  to  be  given  and 
published.  Such  notice  shall  be  given  and  published,  and  such  election 
shall  be  held  and  conducted,  the  returns  thereof  shall  be  made  and  can- 
vassed, and  the  result  of  the  election  ascertained  and  declared,  and  all 
things  pertaining  thereto  conducted  in  the  manner  prescribed  by  this 
act  in  case  of  a  special  election  to  determine  whether  bonds  of  a  drain- 
age district  shall  be  issued.  The  ballots  cast  at  said  election  shall  con- 
tain the  words  "For  change  of  boundary"  or  "Against  change  of 
boundary"  or  words  equivalent  thereto.  The  notice  of  election  shall  de- 
scribe the  proposed  change  of  the  boundaries  in  such  manner  and  terms 
that  it  can  readily  be  traced. 

§  83.  If  at  such  election  a  majority  of  all  the  votes  cast  at  said  elec- 
tion shall  be  against  such  change  of  the  boundaries  of  the  district,  the 
board  shall  order  that  said  petition  be  denied,  and  shall  proceed  no 
further  in  that  matter.  But  if  a  majority  of  such  votes  be  in  favor  of 
such  change  of  the  boundaries  of  the  district,  the  board  shall  thereupon 
order  that  the  boundaries  be  changed  in  accordance  with  said  resolution 
adopted  by  the  board.  The  said  order  shall  describe  the  entire  bound- 
aries of  said  district,  and  for  that  purpose  the  board  may  cause  a  sur- 
vey of  such  portions  thereof  to  be  made  as  the  board  may  deem 
necessary. 

§  84.  Upon  a  change  of  the  boundaries  of  a  district  being  made,  a 
copy  of  the  order  of  the  board  of  directors  ordering  such  change,  certi- 
fied by  the  president  and  secretary  of  the  board,  shall  be  filed  for  record 
in  the  recorder's  office  of  each  county  within  which  are  situated  any 
of  the  lands  of  the  district,  and  thereupon  the  district  shall  be  and  re- 
main a  drainage  district,  as  fully,  and  to  every  intent  and  purpose,  as 
if  the  lands  which  are  included  in  the  district  by  the  change  of  the 
boundaries,  as  aforesaid,  had  been  included  tbeveia  at  the  original  organ- 
ization of  the  district. 


Act  987,  §§  85-89  GENERAL  LAWS.  340 

§  85.  Upon  the  filing  of  the  copies  of  the  order,  as  in  the  last  pre- 
ceding section  mentioned,  the  secretary  shall  record  in  the  minutes  of 
the  board  the  petition  aforesaid;  and  the  said  minutes,  or  a  certified 
copy  thereof,  shall  be  admissible  in  evidence  with  the  same  effect  as  the 
petition. 

§  86.  A  guardian,  an  executor  or  an  administrator  of  an  estate,  who 
is  appointed  as  such  under  the  laws  of  this  state,  and  who,  as  such  guard- 
ian, executor  or  administrator,  is  entitled  to  the  possession  of  the  lands 
belonging  to  the  estate  which  he  represents,  may,  on  behalf  of  his  ward, 
or  the  estate  which  he  represents,  upon  being  thereunto  authorized  by 
the  proper  court,  sign  and  acknowledge  the  petition  in  section  76  of  this 
act  mentioned  and  may  show  cause  why  the  boundaries  of  the  district 
should  not  be  changed. 

§  87.  In  case  of  the  inclusion  of  any  land  within  any  district  by  pro- 
ceedings under  this  act,  the  board  of  directors,  must,  at  least  thirty  days 
prior  to  the  next  succeeding  general  election,  make  an  order  redivid- 
ing  such  district,  into  three  or  five  divisions,  as  the  case  may  require, 
as  nearly  equal  in  size  as  may  be  practicable,  which  shall  be  numbered 
first,  second,  third  and  so  on,  and  one  elector  shall  thereafter  be  elected 
by  each  division.  For  the  purpose  of  elections,  the  board  of  directors 
must  establish  a  convenient  number  of  election  precincts  in  said  districts, 
and  define  the  boundaries  thereof,  which  said  precincts  may  be  changed 
from  time  to  time  as  the  board  may  deem  necessary. 

§  88.  "Whenever  the  board  of  directors  of  a  drainage  district  hereto- 
fore organized,  or  hereafter  organized  under  the  provisions  of  this  act, 
shall  determine  that  the  authorized  bonded  indebtedness  of  such  drain- 
age district  is  greater  than  such  district  is  liable  to  need  to  complete 
its  system  as  planned,  and  there  be  no  outstanding  bonds,  the  board  of 
directors  may  call  a  special  election  for  the  purpose  of  voting  upon  a 
proposition  to  reduce  such  bonded  indebtedness  to  such  sum  as  the  board 
may  determine  to  be  sufficient  for  such  purpose. 

§  89.  Notice  of  the  said  election  shall  be  given  in  the  same  manner  as 
provided  in  section  27  of  this  act,  in  relation  to  calling  special  elections 
for  issuance  of  bonds.  The  notice  of  election  must  state  the  amount  of 
the  authorized  bonded  indebtedness  of  such  district,  and  the  amount  to 
which  it  is  proposed  to  reduce  the  same;  also,  the  date  on  which  said 
election  will  be  held  and  the  polling-places,  as  established  by  said  board 
of  directors.  The  ballots  cast  at  said  election  shall  contain  the  words 
"For  reducing  bonds — Yes,"  or  "For  reducing  bonds — No."  When  the 
vote  is  canvassed  by  the  board  of  directors  and  entered  of  record,  if  a 
majority  of  the  votes  cast  shall  be  "For  reducing  bonds — Yes,"  then  in 
that  event  the  board  of  directors  shall  only  be  empowered  to  issue  or 
sell  the  amount  of  bonds  as  was  stipulated  in  the  said  notice  of  such 
special  election;  but  if  a  majority  of  said  votes  are  not  "For  reducing 
bonds — Yes,"  then  the  authority  to  issue  bonds  shall  remain  the  same  as 
before  said  special  election  was  held. 


341  DRAINAGE.  Act  987,  §§  90-94 

§  90.  In  case  there  be  outstanding  bonds  of  any  district  desiring  to 
take  advantage  of  the  provisions  of  sections  88  and  89  of  this  act  con- 
cerning reduction  of  bonded  indebtedness,  the  assent  of  such  bondholders 
may  be  obtained  to  such  reduction  of  the  bonded  indebtedness,  in  the 
same  manner  as  provided  in  section  69  of  this  act.  If  such  assent  is 
obtained  in  the  manner  therein  provided,  then,  and  in  that  event,  such 
district  shall  be  empowered  to  take  advantage  of  all  the  provisions  of 
said  sections  of  this  act,  but  not  otherwise.  No  reduction  of  the  bonded 
indebtedness,  as  in  this  act  provided  shall  in  any  manner  affect  any  order 
of  court  that  may  have  been  made,  adjudicating  and  confirming  the 
validity  of  said  bonds. 

§  91.  Whenever  there  remains  in  the  hands  of  the  board  of  directors 
of  any  drainage  district  organized  under  the  provisions  of  this  act,  after 
the  completion  of  its  drainage  system,  and  the  payment  of  all  demands 
against  such  district,  any  bonds  voted  to  be  issued  by  said  district,  but 
not  sold,  and  not  necessary  to  be  sold  for  the  raising  of  funds,  for  the 
use  of  such  district,  said  board  of  directors  may  call  a  special  election 
for  the  purpose  of  voting  upon  a  proposition  to  destroy  said  unsold 
bonds,  or  so  many  of  them  as  may  be  deemed  best,  or  may  submit  such 
proposition  at  a  general  election. 

§  92.  Such  election  shall  be  held  in  the  same  manner  as  other  elec- 
tions held  under  the  provisions  of  this  act.  A  notice  of  such  election 
shall  be  given  in  the  same  manner  as  provided  in  section  27  of  this  act 
in  relation  to  calling  special  elections  for  the  issuance  of  bonds.  The 
notice  of  election  must  state  the  amount  of  the  bonded  indebtedness  of 
such  district  authorized  by  the  vote  of  the  district,  the  amount  of  the 
bonds  remaining  unsold,  and  the  amount  proposed  to  be  destroyed,  and 
the  date  on  which  such  election  is  proposed  to  be  held,  and  the  polling- 
places  as  fixed  by  the  board  of  directors.  The  ballots  to  be  cast  at  such  elec- 
tion shall  contain  the  words  "For  destroying  bonds— Yes"  and  "For  de- 
stroying bonds — No,"  and  the  voter  must  erase  the  word  "No"  in  case 
he  favors  the  destruction  of  bonds,  otherwise  the  word  "Yes." 

§  93.  When  the  vote  is  canvassed  by  the  board  of  directors  and  en-' 
tered  of  record,  if  a  two-thirds  majority  of  the  votes  cast  should  be 
found  to  be  in  favor  of  the  destruction  of  said  bonds,  then  the  presi- 
dent of  the  board,  in  the  presence  of  a  majority  of  the  members  of  the 
board,  must  destroy  the  bonds  so  voted  to  be  destroyed,  and  the  total 
amount  of  bonds  so  destroyed  and  canceled  shall  be  deducted  from  the  sum 
authorized  to  be  issued  by  the  electors  of  said  district,  and  no  part 
thereof  shall  thereafter  be  reprinted  or  reissued. 

§94.  Nothing  in  this  act  shall  be  so  construed  as  to  affect  the  valid- 
ity of  any  district  heretofore  organized  under  the  laws  of  this  state,  or 
its  rights  in  or  to  property,  or  any  of  its  rights  or  privileges  of  what- 
soever kind  or  nature;  but  said  districts  are  hereby  made  subject  to  the 
provisions  of  this  act  so  far  as  applicable;  nor  shall  it  affect,  impair,  or 
discharge  any  contract,  obligation,  lien,  or  charge,  for  or  upon  which  it 
was  or  might  become  liable  or  chargeable  had  not  this  act  been  passed. 


Acts  988,  992  GENERAL  LAWS,  342 

§  95.  Nothing  in  this  act  shall  be  construed  as  repealing  or  in  any- 
wise modifying  the  provisions  of  any  other  act  relating  to  the  subject 
of  drainage  except  such  as  may  be  contained  in  the  act  entitled  "An 
act  to  provide  for  the  organization  and  government  of  drainage  dis- 
tricts, for  the  drainage  of  agricultural  lands  other  than  swamp  and  over- 
flowed lands,"  approved  March  thirty-first,  eighteen  hundred  and 
ninety-seven,  and  any  subsequent  acts  supplementary  thereto,  or  amenda- 
tory thereof,  all  of  which  acts,  so  far  as  they  may  be  inconsistent  here- 
with, are  hereby  repealed. 

§  96.  This  act  shall  take  effect  from  and  after  its  passage  and  ap- 
proval. 

ACT  988. 

An  act  to  provide  for  drainage  by  irrigation  districts. 
[Approved  March  18,  1907.  Stats.  1907,  p.  569.] 
§  1.  Any  irrigation  district  heretofore  organized  or  hereafter  to  be 
organized  under  the  laws  relating  to  such  districts  may  provide  for  any 
and  all  drainage  made  necessary  by  the  irrigation  provided  for  by  such 
laws;  and  the  officers,  agents  and  employees  of  such  districts  shall  have 
the  same  powers,  duties  and  liabilities  respecting  such  drainage,  and  the 
construction,  repair,  maintenance,  management  and  control  thereof  as 
they  now  have  or  may  hereafter  have  respecting  such  irrigation,  and  all 
laws  respecting  such  irrigation  or  such  irrigation  districts  shall  be  so 
construed,  applied  and  enforced  as  to  apply  to  such  drainage  as  well  as 
Buch  irrigation. 

§2.  Whenever  it  appears  necessary,  or  proper,  or  beneficial  to  the 
lands  affected  thereby,  to  drain  such  lands  or  any  portion  thereof  on 
account  of  the  irrigation  which  has  been  done,  or  which  is  intended  to 
be  done  under  such  laws,  whether  for  the  purpose  of  more  beneficially 
carrying  on  such  irrigation,  or  to  protect  such  districts  from  liability  by 
reason  of  such  irrigation,  whether  the  irrigation  works  have  already 
been  constructed  or  not,  it  shall  be  the  duty  of  the  board  of  directors 
to  provide  for  such  drainage,  and  said  board  and  its  officers,  agents  and 
employees  shall  do  all  necessary  and  proper  acts  for  the  construction, 
repair,  maintenance  and  management  of  drainage  work  for  such  pur- 
pose. 

§  3.     This  act  shall  take  effect  immediately. 

TITLE  146. 
EL  DORADO  COUNTY. 
ACT  992. 

Protection  of  agriculture  in,  and  prevention  of  animals  from  trespassing. 
[Stats.    1875-76,   p.    356.] 
Repealed  1877-78,  p.  557. 


343  EL  DORADO  COUNTY.  Acts  993,  1003 

ACT  993. 

Authorizing  assessor  to  appoint  one  or  more  deputies.     [Stats.  1877-78, 
p.  110.] 

Repealed  by   County  Government   Act,    1897,   p.   549,  §  190. 
ACT  994. 

Board    of    auditors   of,    creating    and    prescribing    powers    of.      [Statsu 
1873-74,  p.  825.] 
Amended    1875-76,   p.    681;    1877-78,   p.    281.      Superseded  by   County   Govern- 
ment Act,   1897,  p.   452. 

ACT  995. 

For  the  funding  of  the  bonded  indebtedness  of.     [Stats.  1877-78,  p.  1046.] 

ACT  996.       . 

Lawful  fences  in.     [Stats.  1869-70,  p.  584.] 
ACT  997. 

Mud  Springs  township,  trespassing  of  animals  noon  private  property  in. 
[Stats.  18>3-74,  p.  859.] 
"Modified  and  probably  repealed  by  estray  law,   1897,  p.  198;   1901,  p.   603." 
— Code  Commissioner's  Note. 

ACT  998. 

Improvement   of  roads   in.     [Stats.    1877-78,   p.   545.] 
Repealed  1883,  p.  5,   c.  X,  §  2. 

ACT  999. 

Koads   and   highways  in.     [Stats.   1871-72,   p.   372.] 
Amended  1873-74,  p.  771.     Repealed  1883,  p.  5,  c.  X,  §  2. 

ACT  1000. 

Fixing  the  salaries  of  certain  officers  in.     [Stats.  1877-78,  p.  778.] 
Repealed  by  County  Government  Act,  1897,  p.  549,   §  190. 

ACT  1001. 

Kegulating  fees  and  salaries  in.     [Stats.  1869-70,  p.  198.] 

Amended   1869-70,   p.   747;    1871-72,   pp.   412,    592,   894;    1873-74,  p.   710. 
"Repealed   as   to   the   fees   and   salaries   therein   named  by   the   various    County 
Government  Acts  and  the  fee  bill  of  1895,   267." — Code  Commissioner's  Note. 

ACT  1002. 

Supervisors,  organizing  board  of,  and  defining  duties  of.     [Stats.  1873-74, 

p.   872.] 
Repealed  by  County  Government  Act,   1897,  p.  452. 

ACT  1003. 

Authorizing  supervisors  to  levy  a  special  tax.     [Stats.  1871-72,  p.  793.] 
Superseded  by  subd.  18,  §  25,  County  Government  Act,  1897,  p.  463, 


Acts  1004-1014  GENEEAL  LAWS,  844 

ACT  1004. 

Levy  of  taxes  for  county  purposes  and  for  reclemption  of  bonded  indebt- 
edness of.     [Stats.  1877-78,  p.  75.] 
ACT  1005. 

Disposition  of  proceeds  of  poll   taxes  in.     [Stats.   1873-74,   p.   941.] 
Repealed  by  Political  Code,  §  3861. 

ACT  1006. 

Treasurer  of  to  transfer  certain  funds.     [Stats.  1875-76,  p.  311.] 
Amended  1877-78,  p.  638.      Superseded  by  subd.  18,  §  25,  County  Government 
Act,    1897,   p.   463. 

ACT  1007. 

Providing  for  election   of  treasurer  and  collector  and   fixing  their  com- 
pensation.    [Stats.   1871-72,  p.  377.] 
Superseded  by  County  Government  Act,  1897,  p.  452,  §§  55,  190. 

TITLE  147. 
ELECTIONS. 
ACT  lOlL 

Providing  for  general  primary  elections,  to   promote  the  purity  thereof 
by  regulating  the  conduct  thereof  and   to   support  the   privilege  of 
free  suffrage  thereat  by  prohibiting  certain  acts  and  practices  in  re- 
lation  thereto   and   providing   for   the    punishment   thereof   and   for 
other  purposes.     [Stats.   1897,  p.   115.] 
Citations.      Cal.  118/302;    129/340. 
Unconstitutional:    Spier  v.   Baker,   120   Cal.   370. 
Primary  elections:   See  Political  Code,   §§  1357-1380. 

ACT  1012. 

Providing  for  a  general  primary  election  in  counties  of  certain  classes. 
[Stats.  1895,  p.  207.] 
"Unconstitutional.      (Marsh  v.   Hanly,    111   Cal.   368;    Gett   v.    Sapevvisirs,    111 
Cal.  366.)      Superseded  by  Political  Code,  §§  1357-1375,  added  1901,  p.  606."— 
Code  Commissioner's  Note. 

ACT  1013. 

An  act  to  provide  for  and  regulate  primary  elections  and  providing  the 
method  whereby  electors  of  political  parties  may  express  their  choice 
at   such   primary   elections   for   United   States   Senator.     [Approved 
March  24,  1909.     Stats.  1909,  p.  691.] 
This  act  appears  in  full  in  Appendix,  Political  Code,  p.  1782. 

ACT  1014. 

In  relation  to  elections  held  under  the  authority  of  section  8,  article  XI, 
of  the  Constitution,  to  elect  boards  of  freeholders,  or  to  vote  upon 
proposed  charters,  or  upon  amendments  to  existing  charters.  [Stats. 
1897,  p.  288.] 


345  ELECTIONS.  Acts  1015-1020 

RepenTed  1890,  p.   63. 
See  Act  367,   ante. 
Citations.     Cal.  126/392. 

ACT  1015. 

To  promote  the  purity  of  elections  by  regulating  the  conrluct  thereof, 
and  to  support  the  privilege  of  free  suffrage  by  prohibiting  certain 
acts  and  privileges  in  relation  thereto,  and  providing  for  the  pun- 
ishment thereof.     [Stats.  1893,  p.  12.] 

Amended   1895,   p.   227;    1905,   p.   37;    1905,   p.   93.      Repealed   1907.  p.    671. 
Codified  in  part  by  Amendments  of  Penal   Code,   1905.      See  §§  42,  42a,  46,  47, 
49,  50.  51,  54a,  54t.,  57,  57a,  59,  Penal  Code. 

Citations.  Cal.  104/528;  106/421;  112/675;  133/198,  201;  141/415,  416; 
146/314;    154/280. 

"Unconstitutional  in  so  far  as  it  requires  an  oath  of  a  successful  candidate  for 
office,  in  addition  to  that  prescribed  by  the  constitution.  (Bardley  v.  Clark,  133 
Cal.  196.)  Section  32  of  the  act  is  constitutional.  (Ex  parte  Cohen,  101  Cal. 
524;  Rebstock  v.  Superior  Court,  146  Cal.  314).  Certain  sections  superseded 
in  Penal  Code,  §§42,  63b    (1905,  pp.  639-645)." — Code  Commissioner's  Note. 

ACT  1016. 

Intoxicating  liquors,  preventing  sale  of  on  election  days.     [Stats.  1873- 
74,  p.  297.] 

Citations.      Cal.  92/198. 

Codified  by  §  63b,  Penal  Code. 

ACT  1017. 

Election  tickets,  to  prevent  circulation  of  bogus,  and  to  prevent  frauds 
upon  voters.     [Stats.  1877-78,  p.  180.] 
Amended  1889,  p.  209.      Repealed  by  Political  Code,  §§  1196,  1197. 

ACT  1018. 

Piece  clubs,  prohibition  of.     [Stats.  1877-78,  p.  2.36.] 
"Modified,   if  not  repealed,   by   the   purity   of   elections   act,    1893,   12." — Code 
Commissioner's   Note. 

In  full  in  Appendi.x-,  Penal  Code,  p.  2034. 

ACT  1019. 

Concerning  special  elections.     [Stats.   1877-78,  p.   73.] 
Citations.     Cal.  130/94. 

"Not  repealed,  but  not  applicable  to  existing  laws,  because  there  is  now  no 
great  register.     As  to  cities,  see  1899,   63." — Code  Commissioner's  Note. 

ACT  1020. 

Creating  a  state  commission  in  voting  or  balloting  machines,  defining 
their  powers,  and  providing  for  the  use  at  the  option  of  indicated 
local  authorities  of  voting  or  ballot  machines  for  receiving  and 
registering  the  vote  in  one  or  more  precincts  of  any  county,  or  city 
and  county,  city  or  town,  at  any  or  all  elections  held  therein,  and 
for  ascertaining  the  result  at  such  elections;   and  providing  for  the 


Acts  1021-1031  GENERAL  LAWS.  346 

punishment  of  all  violations  of  the  provisions  of  this  act.     [Stats. 

1903,  p.  262.] 

Amended   1907,  p.  288;    1907,   p.   644,   Supp.   1907,   p.   647. 

This  act  appears  in  full   in    Appendix,  Political  Code,  p.  1813. 

ACT  1021. 

An  act  to  regulate  the  conduct  of  election  campaigns  and  repealing  an 
act  entitled  "An  act  to  promote  the  purity  of  elections  by  regulat- 
ing the  conduct  thereof  and  to  support  the  privilege  of  free  suf- 
frage by  prohibiting  certain  acts  and  practices  in  relation  thereto 
and  providing  for  the  punishment  thereof,"  approved  February  23, 
1893.  [Approved  March  19,  1907.  Stats.  1907,  p.  671.] 
This  act  is  set  forth  at  length  in  Appeiuli.x,  Political  Code,  p.  1808. 

TITLE  148. 
ELISOES. 
ACT  1026. 

Fees  of.     [Stats.   1873-74,  p.  794.] 
Superseded  by  County   Government  Act,    1897,   p.   481,  §  105. 

TITLE  149. 
EMIGRATION. 
ACT  1031. 

An  act  to  promote  emigration  from  the  state  of  California. 
[Approved  March  26,  1880.     Stats.  1880,  p.  15  (Ban.  ed.  50).] 

§  1.  It  shall  be  unlawful  for  the  owners,  officers,  agents,  or  employees 
of  any  steamship  company,  sailing  vessel,  or  railroad  company,  or  firm 
or  corporation,  that  may  be  engaged  in  this  state  in  the  transportation 
of  passengers  to  and  from  any  foreign  port,  to  withhold  or  refuse  any 
person  or  persons  the  right  to  purchase  a  passage  ticket  or  tickets  to 
any  foreign  country  for  the  reason  that  he  or  they  have  not  presented 
a  certificate,  card,  or  other  document  whatsoever  showing  that  such  per- 
son has  paid  in  full,  or  in  part,  any  or  all  dues,  debts,  or  demands,  or 
otherwise,  or  any  sum  whatsoever,  to  any  society,  company,  corpora- 
tion, association,  or  individual,  or  firm;  and  any  person  or  corporation 
who  shall  violate  the  provisions  of  this  section,  or  in  pursuance  of  any 
agreement,  oral  or  written,  refuse  to  sell  a  passage  ticket  to  any  person 
to  any  foreign  country,  shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction, shall  be  punished  by  a  fine  of  not  less  than  one  hundred  nor 
more  than  five  hundred  dollars;  provided,  that  nothing  in  this  section 
shall  be  construed  in  any  manner  to  apply  to  any  passport  or  other  docu- 
ment required  by  law  to  be  presented,  having  the  signature  or  seal  of 
any  foreign  consul  resident  within  this  state. 

§2.     This  act  shall  take  effect  on  and  after  its  passage. 


347  EMPLOYMENT  AGENTS.  Acts  1036,  1037 

TITLE  150. 
EMPLOYMENT  AGENTS. 
ACT  1036. 

Defining  the  duties  and  liabilities  of  employment  agents,  making  the 
violation  thereof  a  misdemeanor  and  fixing  penalties  therefor. 
[Stats.  1903,  p.  14.] 

Amended  1905,  p.  143;   1909,  pp.  137,  149.      See  Act  1037. 
Citations.      Cal.  144/235. 

ACT  1037. 

An  act  to  regulate  and  license  the  conducting  and  operating  of  employ- 
ment agencies  and  to  provide  a  revenue  therefrom,  for  the  enforce- 
ment, of  the  provisions  of  this  act  and  other  acts  relating  to 
employment  agents  and  employment  agencies. 

[Approved  March  6,  1909.     Stats.  1909,  p.  191.] 

Employment  agency  defined. 

§  1.  Any  business,  pursued  for  profit,  for  furnishing  directly  or  indi- 
rectly, to  persons  seeking  employment,  information  enabling,  or  tending 
to  enable  such  persons  to  secure  such  employment,  or  registering  for  any 
fee,  charge,  or  commission,  the  names  of  any  persons  seeking  employ- 
ment as  aforesaid,  shall  be  deemed  to  be  an  employment  agency  within 
the  meaning  of  this  act. 

License,  requirement  for. 

§  2.  Every  person,  firm,  corporation  or  association  who  conducts  or 
operates  an  employment  agency  in  the  state  of  California,  without  first 
procuring  a  license  therefor,  as  provided  in  this  act,  is  guilty  of  a  mis- 
demeanor. 

How  issued. 

§  3.  Licenses  granting  the  privilege  to  conduct  or  operate  employment 
agencies  shall  be  issued  and  delivered  upon  application,  by  the  commis- 
sioner of  the  bureau  of  labor  statistics,  which  license  shall  contain  th^ 
name  of  the  person,  firm,  corporation  or  association,  seeking  to  conduct 
or  operate  an  employment  agency,  and  the  exact  location  of  the  employ- 
ment agency. 

Fees  for. 

§4.  The  licenses  herein  provided  for  shall  be  issued  as  follows:  To 
any  person,  firm,  corporation  or  association,  conducting  or  operating,  or 
seeking  to  conduct  or  operate,  an   employment  agency 

1.  In  cities  of  the  first,  first  and  one-half  and  second  classes  upon 
payment  of  fifty  dollars. 

2.  In  cities  of  the  third  and  fourth  classes,  upon  payment  of  twenty- 
five  dollars. 

3.  In  all  other  cities  and  towns,  upon  payment  of  six  dollars. 


Act  1037,  §§  5-11  GENERAL  LAWS.  348 

Names  of  agents  must  "be  given. 

§  5.  Every  person,  firm,  corporation  or  association  applying  for  and 
procuring  a  license  as  herein  provided,  shall  give  to  the  commissioner 
of  the  bureau  of  labor  statistics,  the  name  and  resident  address  of  such 
person,  or  the  names  and  resident  addresses  of  the  partners  of  such 
firms,  or  the  names  and  resident  addresses  of  the  officers  and  directors 
of  such  corporations  or  associations,  and  the  city  or  town,  street  and 
number  where  the  employment  agency  is  conducted  or  operated,  or  sought 
to  be  conducted  and  operated. 

Term  of  license. 

§  6.  All  licenses  issued  as  herein  pro-vided  shall  be  valid,  and  shall 
authorize  the  person,  firm,  corporation  or  association  to  whom  issued,  to 
conduct  or  operate  an  employment  agency  on  and  from  the  date  of 
issuing  to  the  thirty-first  day  of  March  following,  but  no  license  shall 
continue  in  force  for  a  longer  period  than  one  year. 

Disposition  of  fees  and  fines. 

§7.  All  moneys  collected  for  licenses  as  provided  herein,  and  all  fines 
collected  for  violation  of  the  provisions  hereof,  shall  be  paid  into  the 
state  treasury  and  credited  to  the  contingent  fund  of  the  bureau  of 
labor  statistics. 

Branch  agencies,  separate  licenses  required  for. 

§  8.  Every  person,  firm,  corporation  or  association  conducting  or 
operating,  or  seeking  to  conduct  or  operate  branch  employment  agencies 
in  the  same  or  different  localities  must  procure  a  separate  license  for 
such  branch  employment  agencies;  and  no  license  issued  as  herein  pro- 
vided shall  be  transferable  or  used  by  any  other  person,  firm,  corpora- 
tion or  association  than  the  one  to  whom  it  was  issued,  or  used  in  a 
different  location  than  the  one  for  which  it  was  issued,  without  the 
written  consent  of  the  commissioner  of  the  bureau  of  labor  statistics. 

Must  be  posted. 

§  9.  All  licenses  issued  as  herein  provided,  shall  be  posted  in  a  con- 
spicuous place,  and  any  person,  firm,  corporation  or  association  having 
such  license  and  who  refuses  to  exhibit  the  same  upon  demand  of  any 
officer  or  agent  of  the  bureau  of  labor  statistics,  or  any  peace  officer  of 
the  state,  shall  be  guilty  of  a  misdemeanor;  and  any  person,  firm,  cor- 
poration or  association  lawfully  having  such  licenses,  and  who  trans- 
fers or  disposes  of  the  same  to  another  person,  firm,  corporation  or  as- 
sociation to  be  used  as  an  employment  agency  license,  shall  forfeit  the 
same. 

Penal  clause. 

§  10.  Every  person,  firm,  corporation  or  association  violating  any  of 
the  provisions  of  this  act,  shall  upon  conviction  thereof,  be  guilty  of  a 
misdemeanor. 

Revocation  of  license. 

§  11.  Upon  conviction,  of  any  person,  firm,  corporation  or  association 
for  the  violation  of  any  of  the  provisions  of  this  act,  or  an  act  entitled, 


u49  ESCAPE — ESTABLISHMENT  OF  TITLES.         Acts  1041-1043 

"An  act  defining  the  duties  and  liabilities  of  employment  agents,  mak- 
ing the  violation  thereof  a  misdemeanor,  and  fixing  the  penalties  there- 
for," approved  February  12,  1903,  the  commissioner  of  the  bureau  of 
labor  statistics  shall  have  the  right  to  revoke  all  licenses  issued  to  such 
person,  firm,  corporation  or  association,  enabling  them  to  conduct  or 
operate  an  employment  agency. 

Municipal  taxes. 

§12.  Nothing  in  this  act  shall  be  construed  to  prevent  the  collection 
of  any  tax  or  license  by  any  county  or  municipal  authority. 

§  13.  All  acts  or  parts  of  acts  in  conflict  with  this  act  are  hereby 
repealed. 

§  14.  This  act  shall  take  effect  and  be  in  force  on  and  after  April 
first,  1909. 

TITLE  151. 
ESCAPE. 
ACT  1041. 

Concerning  the  escape  of  convicts  of  the  state's  prison.     [Stats.  1855- 
p.  203.] 
This   act   related   to   the   arrest,   trial,    recommitment,    and   punishment   of   con- 
victs who  had  escaped. 

Superseded  by  Penal  Code,  §§  105-111. 

TITLE  152. 
ESCHEAT. 
AOT  1046. 

Concerning  escheated  estates.     [Stats.  1852,  p.  103.] 
Amended  1855,  p.  221;   1862,  p.  27;   1869-70,  p.   72.     Superseded  by  Code  of 
Civil  Procedure,  §§  1269-1272. 

ACT  1047. 

To  provide  for  the  sale  of  escheated  estates.     [Stats.  18G7-68,  p.  215.] 
auperseded  by  Code  of  Civil  Procedure,  §§  1269-1272. 

TITLE  153. 
ESTABLISHMENT  OF  TITLES. 
ACT  1048. 
An   act  to   provide  for   the   establishment   and   quieting   of   title   to   real 

property   in   case   of   the   loss   or   destruction   of   public   records. 
[Approved  June  16,  1906;  78.  Amended  1909,  p.  163;  Supp.  1907,  p.  950.] 

§  1.  Whenever  the  public  records  in  the  office  of  a  county  recorder 
have  been,  or  shall  hereafter  be,  lost  or  destroyed,  in  whole  or  in  any 
material  part,  by  flood,  fire  or  earthquake,  any  person  who  claims  an 
estate  cf  inheritance,  or  for  life  in,  and  who  is  by  himself  or  his  tenant. 


Act  1C48,  §§  2-4  GENERAL  LAWS.  350 

or  other  person,  holding  under  him,  in  the  actual  and  peaceable  posses- 
sion of  any  real  property  in  such  county,  may  bring  and  maintain  an 
action  in  rem  against  all  the  world,  in  the  superior  court  for  the  county 
in  which  such  real  property  is  situate,  to  establish  his  title  to  such 
property  and  to  determine  all  -adverse  claims  thereto.  Any  number  of 
separate  parcels  of  land  claimed  by  the  plaintiff  may  be  included  in  the 
same  action. 

§  2.  The  action  shall  be  commenced  by  the  filing  of  a  verified  com- 
plaint, in  which  the  party  so  commencing  the  same  shall  be  named  as 
plaintiff,  and  the  defendants  shall  be  described  as  "all  persons  claiming 
any  interest  in,  or  lien  upon  the  real  property  herein  described,  or  any 
part  thereof,"  and  shall  contain  a  statement  of  the  facts  enumerated  in 
section  one  of  this  act,  a  particular  description  of  such  real  property,  and 
a  specification  of  the  estate,  title,  or  interest  of  the  plaintiff  therein. 

§3.  Upon  the  filing  of  the  complaint,  a  summons  must  be  issued  under 
the  seal  of  the  court,  which  shall  contain  the  name  of  the  court  and 
county  in  which  the  action  is  brought,  the  name  of  the  plaintiff  and  a 
particular  description  of  the  real  property  involved,  and  shall  be  di- 
rected to  "all  persons  claiming  any  interest  in,  or  lien  upon  the  real 
property  herein  described,  or  any  part  thereof,"  as  defendants,  and  shall 
be  substantially  in  the  following  form: 
"In  the  superior  court  of  the  state  of  California  in  and  for  the  county 

(or  city  and  county)  of  ." 

Action  No.  . 

Plaintiff, 
vs. 
All    persons   claiming   any   interest   in,   or   lien   upon,    the   real   property 

herein  described  or  any  part  thereof.  Defendants. 

The  People  of  state  of  California,  to  all  persons  claiming  any  interest 
in,  or  lien  upon,  the  real  property  herein  described  or  any  part  thereof, 
defendants,  greeting: 

You  are  hereby  required  to  appear  and  answer  the  complaint  of  , 

plaintiff,  filed  with  the  clerk  of  the  above-entitled  court  and  county, 
within  three  months  after  the  first  publication  of  this  summons,  and  to 
set  forth  what  interest  or  lien,  if  any,  you  have  in  or  upon  that  certain 
real  property  or  any  part  thereof,  situated  in  the   county   (or  city  and 

county)    of  ,  state  of  California,  particularly  described   as   follows: 

(Here  insert  description.) 

And  you  are  hereby  notified  that,  unless  you  so  appear  and  answer, 
the  plaintiff  will  apply  to  the  court  for  the  relief  demanded  in  the  com- 
plaint, to  wit:   (Here  insert  a  statement  of  the  relief  so  demanded.) 

Witness  my  hand  and  the  seal  of  said  court,  this day  of 

A.  D.  .  

(Seal)  Clerk." 

§  4.  The  summons  shall  be  published  in  a  newspaper  of  general  cir- 
culation published  in   the   county  in   which   the  action   is  brought.     The 


851  ESTABLISHMENT  OF  TITLES.  Act  1048,  §§  5,  6 

newspaper  in  which  such  publication  is  to  be  made  shall  be  designated 
by  an  order  of  the  court  or  a  judge  thereof  to  be  signed  and  filed  with 
the  clerk.  No  other  order  for  the  publication  of  the  summons  shall  be 
necessary,  nor  shall  any  affidavit  therefor  be  required,  nor  need  any 
copy  of  the  complaint  be  served,  except  as  hereinafter  required.  The 
summons  shall  be  published  at  least  once  a  week  for  a  period  of  two 
months,  and  to  each  publication  thereof  shall  be  appended  a  memoran- 
dum is  substance  as  follows: 

"The  first  publication  of  this  summons  was  made  in  (here  in- 
sert name)   newspaper  on  the  day  of  A.  D.  ,"   (inserting 

the  date). 

And  if  the  affidavit  provided  for  in  section  five  of  this  act  discloses 
the  name  of  any  person  claiming  an  interest  in  the  property,  or  a  lien 
thereon  adverse  to  the  plaintiff,  that  fact,  together  with  the  name  and 
address  (if  given)  of  said  person  shall  be  stated  in  a  memorandum  to  be 
appended  to  the  summons  in  substance  as  follows: 

"The  following  persons  are  said  to  claim  an  interest  in,  or  lien  upon 
said  property  adverse  to  plaintiff"  (giving  their  names  and  addresses  as 
above  provided).  A  copy  of  the  summons,  together  with  a  copy  of  the 
foregoing  memoranda,  shall  be  posted  in  a  conspicuous  place  on  each 
separate  parcel  of  the  property  described  in  the  complaint  within  fifteen 
days  after  the  first  publication  of  the  summons. 

§  5.  At  the  time  of  filing  the  complaint,  the  plaintiff  shall  file  with 
the  same  his  affidavit,  fully  and  explicitly  setting  forth  and  showing 
(1)  the  character  of  his  estate,  right,  title,  interest  or  claim  in,  and 
possession  of  the  property,  during  what  period  the  same  has  existed  and 
from  whom  obtained;  (2)  whether  or  not  he  has  ever  made  any  convey- 
ance of  the  property,  or  any  part  thereof,  or  any  interest  therein,  and 
if  so  when  and  to  whom;  also  a  statement  of  any  and  all  subsisting 
mortgages,  deeds  of  trust,  and  other  liens  thereon;  (3)  that  he  does  not 
know  and  has  never  been  informed  of  any  other  person  who  claims  or 
who  may  claim,  any  interest  in,  or  lien  upon,  the  property  or  any  par'' 
thereof,  adversely  to  him,  or,  if  he  does  know  or  has  been  informed 
of  any  such  person,  then  the  name  and  address  of  such  person.  If  the 
plaintiff  is  unable  to  state  any  one  or  more  of  the  matters  herein  re- 
quired, he  shall  set  forth  and  show,  fully  and  explicitly,  the  reasons  for 
such  inability.  Such  affidavit  shall  constitute  a  part  of  the  judgment- 
roll.  If  the  plaintiff  be  a  corporation,  the  affidavit  shall  be  made  by 
an  officer  thereof.  If  the  plaintiff  be  a  person  under  guardianship  the 
affidavit  shall  be  made  by  his  guardian. 

§  6.  If  the  said  affidavit  discloses  the  name  of  any  person  claiming 
any  interest  in,  or  lien  upon,  the  property  adverse  to  the  plaintiff,  the 
summons  shall  also  be  personally  served  upon  such  person  if  he  can  be 
found  within  the  state,  together  with  a  copy  of  the  complaint  and  a 
copy  of  said  affidavit  during  the  period  of  the  publication  of  the  sum- 
mons; and  to  the  copy  of  the  summons  delivered  to  any  such  person 
there  shall  be  appended  a  copy  of  the  memorandum  provided  for  in  sec- 
tion 4  hereof. 


Act  1048,  §§  7-11  GENERAL  LAWS.  352 

If  such  person  resides  out  of  this  state  a  copy  of  the  summons,  mem- 
oranda, complaint  and  affidavit  shall  be  within  fifteen  days  after  the 
first  publication  of  the  summons  deposited  in  the  United  States  post- 
office,  inclosed  in  a  sealed  envelope,  postage  prepaid,  addressed  to  such 
person  at  the  address  given  in  the  affidavit  or  if  no  address  be  given 
therein,  then  at  the  county  seat  at  the  county  in  which  the  action  is 
brought.  If  such  person  resides  within  this  state  and  could  not  with 
due  diligence  be  found  within  the  state,  within  the  period  of  the  pub- 
lication of  the  summons,  then  said  copies  aforesaid  shall  be  mailed  tu 
him  as  above  provided  forthwith  upon  the  expiration  of  said  period  o' 
publication. 

§7.  Upon  the  completion  of  the  publication  and  posting  of  the  sum- 
mons and  its  service  upon  and  mailing  to  the  persons,  if  any,  upon 
whom  it  is  hereby  directed  to  be  so  specially  served  the  court  shall  have 
full  and  complete  jurisdiction  over  the  plaintiff  and  the  said  property 
and  of  the  person  of  every  one  having  or  claiming  any  estate,  right, 
title  or  interest,  in  or  to,  or  lien  upon,  said  property,  or  any  part  thereof, 
and  shall  be  deemed  to  have  obtained  the  possession  and  control  of 
said  property  for  the  purposes  of  the  action,  and  shall  have  full  and 
complete  jurisdiction  to  render  the  judgment  therein  which  is  provided 
for  in  this  act, 

§  8.  At  any  time  within  three  months  from  the  first  publication  of 
the  summons,  or  within  such  further  time,  not  exceeeding  thirty  days  as 
the  court  may,  for  good  cause,  grant,  any  person  having  or  claiming 
any  estate,  right,  title  or  interest,  in  or  to,  or  lien  upon,  said  property 
or  any  part  thereof,  may  appear  and  make  himself  a  party  to  the  action 
by  pleading  to  the  complaint.  All  answers  must  be  verified  and  must 
specifically  set  forth  the  estate,  right,  title,  interest,  or  lien  so  claimed. 

§9.  The  plaintiff  must,  at  the  time  of  filing  the  complaint  and  every 
defendant  claiming  any  affirmative  relief  must,  at  the  time  of  filing  his 
answer,  record  in  the  office  of  the  recorder  of  the  county  in  which  the 
property  is  situated,  a  notice  of  the  pendency  of  the  action  containing 
the  object  of  the  action  or  defense,  and  a  particular  description  of  the 
property  affected  thereby;  and  the  recorder  shall  record  the  same  in  a 
book  devoted  exclusively  to  the  recordation  of  such  notices  and  shall 
enter,  upon  a  map  or  plat  of  the  parcels  of  land,  to  be  kept  by  him  for 
that  purpose,  on  that  part  of  the  map  or  plat  representing  the  parcel  or 
parcels  so  described  a  reference  to  the  date  of  the  filing  of  such  notice 
and,  when  recorded,  to  the  book  and  page  of  the  record  thereof. 

§10.  No  judgment  in  any  such  action  shall  be  given  by  default;  but 
the  court  must  require  proof  of  the  facts  alleged  in  the  complaint  and 
other  pleadings. 

§  11.  The  judgment  shall  ascertain  and  determine  all  estates,  rights, 
titles,  interests  and  claims  in  and  to  said  property  and  every  part  thereof, 
whether   the   same   be   legal   or    equitable,   present   or   future,    vested   or 


353  ESTABLISHMENT  OF  TITLES.  Act  1048,  §§  12-18 

contingent,  or  whether  the  same  consist  of  mortgages  or  Hens  of  any 
description  and  shall  be  binding  and  conclusive  upon  every  person  who, 
at  the  time  of  the  commencement  of  the  action,  had  or  claimed  any 
estate,  right,  title,  or  interest  in  or  to  said  property,  or  any  part  thereof, 
and  upon  every  person  claiming  under  him  by  title  subsequent  to  the 
commencement  of  the  action.  A  certified  copy  of  the  judgment  in  such 
action  shall  be  recorded  in  the  office  of  the  recorder  of  the  county  in 
which  said  action  was  commenced,  and  any  party  or  the  successor  in 
interest  of  any  party  to  said  action  may,  at  his  option,  file  for  record 
in  the  office  of  the  recorder  of  such  county  the  entire  judgment-roll  in 
said  action. 

§  12.  Except  as  herein  otherwise  provided,  all  the  provisions  and 
rules  of  law  relating  to  evidence,  pleading,  practice,  new  trials  and  appeals 
applicable  to  other  civil  actions  shall  apply  to  the  actions  hereby  author- 
ized. 

At  any  time  after  the  issuance  of  the  summons,  any  party  to  the  action 
may  take  depositions  therein  in  conformity  to  law  upon  notice  to  the 
adverse  party  sought  to  be  bound  by  such  depositions  and  who  have  ap- 
peared in  the  action  (if  any)  and  upon  notice  filed  with  the  clerk.  The 
depositions  may  be  used  by  any  party  against  any  other  party  giving  or 
receiving  the  notice    (except  the  clerk),  subject  to  all  just  exceptions. 

§  13.  The  clerk  shall  number  consecutively  in  a  distinct  series,  all 
actions  hereby  authorized  and  shall  keep  an  index  and  register  thereof, 
devoted  exclusively  to  such  actions. 

§  14.  Whenever  judgment  in  an  action  hereby  authorized  shall  have 
been  entered  as  to  any  real  property,  no  other  action  relative  to  the 
same  property  or  any  part  thereof  maintained  under  this  act  shall  be 
tried  until  proof  shall  first  have  been  made  to  the  court  that  all  persons 
who  appeared  in  the  first  action  or  their  successors  in  interest  have  been 
personally  served  with  the  papers  mentioned  in  section  6  of  this  act, 
either  within  or  without  this  state  more  than  one  month  before  the  time 
to  plead  expired. 

§  15.  An  executor,  administrator  or  guardian  or  other  person  holding 
the  possession  of  property  in  the  right  of  another,  may  maintain,  as 
plaintiff,  and  may  appear  and  defend  in  the  action  herein  provided  for. 

§  16.  The  word  "county"  whenever  used  in  this  act  includes  and 
applies  to  a  consolidated  city  and  county. 

§  17.  The  remedies  provided  for  by  this  act  shall  be  deemed  cumu- 
lative, and  in  addition  to  any  other  remedy  now  or  hereafter  provided  by 
law  for  quieting  or  establishing  title  to  real  property. 

§18.  All  actions  authorized  hereby  must  be  commenced  before  Jan- 
uary 1,  1911.  [Amendment  approved  March  6,  1909.  Stats.  1909,  p. 
163.] 

Gen.  Laws — 23 


Acts  1052-1056  GENERAL  LAWS.  354 

§  19.     This  act  shall  be  in  force  thirty  days  after  its  passage. 

Construction  and  Constitutionality.  See  note  to  this  act  in  Appendix,  Code  of 
Civil  Procedure,  p.  1948. 

TITLE  154. 
ESTATES  OF  DECEASED  PERSONS. 
ACT  1052. 

Estates  of  deceased  persons,  collection  of  savings  bank  deposits  by  ne  tt 
of  kin.     [Stats.  1873-74,  p.  132.] 
Amended  in  every  section,  1895,  §  32. 

Codified  by  §  1454  of  Code  of  Civil  Procedure:  See  Code  Civil  Procedure, 
§  1454, 

Collection  of  deposit  under  $500  by  next  of  kin:  See  §  16  of  Banking  Act  of 
1909;  Stats.  1909,  p.  90.  This  act  is  set  forth  at  length  in  Appendix,  Civil 
Code,  p.  1856. 

ACT  1053. 

Estates  of  deceased  persons,  regulating  settlement  of,  supplementing  ar*' 
of  May  1,  1851.     [Stats.  1871-72,  p.  696.] 
Superseded  by  Code   of  Civil  Procedure,  §  1632. 
Citations.      Cal.  52/188;   53/350;   66/57;   71/73. 

ACT  1054. 

To  provide  for  the  summary  sale  of  mines  or  mining  interests  belotg- 
ing  to  estates  of  deceased  persons.     [Stats.  1865-66,  p.  359.] 
Superseded  by  Code  of  Civil  Procedure,  §§  1529-1533. 

ACT  1055. 

Authorizing  certain  corporations  to  act  as  executor,  administrator,  guar- 
dian, assignee,  receiver,  depositary  or  trustee,  and  in   other  capaci- 
ties  and   to   provide   for   and   regulate   the   administration   of   trusts 
by  such  corporations.     [Stats.  1891,  p.  490.] 
Amended  1897,  p.  424;   1903,  p.  244;   1905,  p.  232;   1907,  p.  562. 
Citations.     App.  5/164. 

This  act  appears  in  full  in  the  Appendix,  Civil  Code,  p.  1900.  It  authorized 
deposits  to  be  made  with  such  corporations  and  the  reduction  of  the  bond  of  an 
executor,    guardian,    etc.,    depositing   with   such   corporation. 

ACT  1059. 

An  act  to  provide  for  the  investment  of  the  moneys  in  the  estates  of 
deceased  persons  fund  and  also  to  provide  for  payment  of  interest 
received  into   the  state   school   fund. 

[Approved  February  22,  1909.     Stats.  1909,  p.  37.] 

§  1.  Whenever  and  as  often  as  there  is  in  the  state  treasury  to  the 
credit  of  the  estates  of  deceased  persons  fund  (in  excess  of  the  reten- 
tion hereinafter  provided  for)  the  sum  of  ten  thousand  dollars  or  more, 
the  state  board  of  examiners  must  invest  the  same  in  the  bonds  of  this 
state,  or  in  the  bonds  of  the  United  States,  or  in  the  bonds  of  the  sev- 


355  ESTRAYS.  Act  1059 

eral  counties,  city  and  county,  cities  or  towns,  or  school  districts  of  this 
state;  the  investments  to  be  made  in  such  manner  and  on  such  terms  as 
the  board  shall  deem  best  for  the  fund;  provided,  that  no  investment 
shall  be  made  which  with  the  amounts  previously  invested  shall  reduce 
the  uninvested  portion  of  the  fund  below  the  amount  of  ten  thousand 
dollars. 

§2.  Bonds  purchased  by  the  state  board  of  examiners  under  the  pro- 
visions of  this  act  must  be  delivered  to  the  state  treasurer,  who  shall 
keep  them  as  a  portion  of  said  estates  of  deceased  persons  fund,  and 
the  interest  upon  such  bonds  shall  be  paid  into  the  state  school  fund 
and  apportioned  like  other  moneys  employed  for  the  support  of  common 
schools. 

§  3.  It  is  the  intent  of  this  act  that  there  shall  at  all  times  be  re- 
tained in  said  estates  of  deceased  persons  fund,  in  the  form  of  cash 
available  for  meeting  the  demands  of  persons  holding  legal  claims  against 
such  fund,  the  sum  of  at  least  ten  thousand  dollars,  and  wlienever  by 
reason  of  payments  made  out  of  the  fund  the  amount  of  cash  therein 
shall  be  reduced  below  the  specified  amount  of  ten  thousand  dollars,  it 
shall  be  the  duty  of  the  state  board  of  examiners  to  sell  such  bonds 
belonging  to  said  fund  as  they  may  deem  proper,  for  the  purpose  of 
making  good   the   cash  retention   of  ten  thousand   dollars. 

§4.     This  act  shall  take  effect  from  and  after  its  passage. 

TITLE  155, 
ESTEAYS. 
ACT  1059. 

An  act   concerning  trespassing  of  animals   upon   private   lands,   and  the 

recovery  of  damages  resulting  therefrom. 

[Approved  March  23,  1907.     Stats.  1907,  p.  999.] 

§  1.  It  is  unlawful  for  any  person,  firm  or  corporation  owning,  or 
having  possession  of,  any  animal,  to  suffer  or  permit  such  animal  to 
break  into  and  enter  upon  any  land  owned  by,  or  lawfully  in  the  pos- 
session of  any  person,  firm  or  corporation,  other  than  the  owner  of  such 
animal,  in  all  cases  where  such  land  is  planted  to  growing  crops,  vines, 
fruit  trees  or  vegetables,  and  is  at  the  time  entirely  inclosed  by  a  sub- 
stantial fence  or  other  inclosure. 

§2.  The  owner  of,  or  person  who  is  in  the  lawful  possession  of,  any 
land  trespassed  upon,  in  violation  of  this  act,  is  entitled  to  recover,  by 
action  in  a  court  of  competent  jurisdiction,  from  the  owner  of,  or  per- 
son in  possession  of,  or  person  chargeable  with  the  care  of,  the  tres- 
passing animal  or  animals,  all  actual  damages  sustained  by  reason  of 
such  trespass,  together  with  costs  of  suit. 

§  3.  For  the  purpose  of  allowing  the  plaintiff  a  better  security  for  the 
payment  of  any  judgment  he  may  recover  in  actions  brought  under  the 


Act  1060  GENERAL  LAWS,  356 

first  two  sections  of  this  act,  all  the  provisions  of  the  Code  of  Civil 
Procedure  of  this  state  relating  to  attachment  process  shall  apply  to 
such  actions,  subject  only  to  the  following  modifications,  to  wit:  In- 
stead of  filing  the  affidavit  on  attachment,  required  by  sections  five 
hundred  and  thirty-eight  and  eight  hundred  and  sixty-six  of  said  code, 
the  plaintiff  is  entitled  to  the  issuance  of  a  writ  of  attachment  against 
the  property  of  defendant,  upon  filing  his  complaint  stating  a  cause  of 
action  under  this  act,  verified  according  to  the  law  concerning  the  veri- 
fication of  pleadings. 

§4.  No  animal  is  exempt  from  attachment  or  execution,  levy  and 
sale,  to  satisfy  a  judgment  that  may  be  rendered  against  the  owner  of 
such  animal  for  trespass  committed  by  such  animal. 

§  5.  In  all  other  matters  than  those  in  which  a  different  rule  is  herein 
prescribed  the  course  of  procedure  prescribed  in  the  Code  of  Civil  Pro- 
cedure of  this  state  shall  prevail  in  suits  brought  under  this  act. 

§6.  All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby 
repealed;  provided,  nothing  in  this  act  shall  be  deemed  or  construed  to 
repeal  an  act  of  the  legislature  of  this  state  relating  to  estrays,  approved 
March  23d,  1901. 

§  7.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

Estrays:    See  Act  1060. 

ACT  1060. 

An  act  relating  to  estrays,  providing  for  taking  thera  up  and  giving  a 
lien  on  them  for.  all  damages,  costs,  and  expenses  incurred  by  rea- 
son of  taking  them  up,  and  repealing  all  other  acts  and  parts  of 
acts  now  in  force  relating  to   estrays. 

[Approved  March  23,  1901.     Stats.  1901,  p.  603.     Amended  1905,  p.  395; 
1907,  p.  132;   1909,  p.  1060,  1079.]      • 
Compare  act  Stats.  1907,  p.  999,  ante,  Act  1059. 

§  1.  Any  person  finding  at  any  time  any  estray  domestic  animal  or 
animals  upon  his  premises,  or  upon  premises  to  which  he  has  the  right 
of  possession,  or  upon  highways  adjacent  thereto,  may  take  up  the  same 
and  have  a  lien  thereon  for  all  expenses  incurred  and  costs  in  keeping 
and  caring  for  said  animal  or  animals,  as  hereinafter  provided;  and  no 
person  shall  remove  them  from  the  possession  of  the  taker-up,  or  from 
the  possession  of  the  officer  to  whom  they  may  have  been  delivered, 
except   as   hereinafter   provided. 

§2.  The  word  "estray"  as  used  in  this  act  is  intended  to  include  all 
domestic  animals  that  have  strayed  upon,  or  been  found  upon,  lands 
other  than  those  of  their  owner,  or  the  public  domain,  or  lands  whose 
owner  (or  to  which  the  person  in  possession  thereof)  has  consented,  may 
be  passed  over,  or  allowed  to  be  entered  on,  by  such  animal.     Any  per- 


357  ESTRAYS.  Act  1060,  §§  3, 4 

son  taking  up  an  estray  animal  or  animals  shall  confine  the  same  in  a 
secure  place  anJ  within  one  week  thereafter  shall  publish  in  some  news- 
paper of  general  circulation,  printed  and  published  in  the  county  in  which 
such  estray  is  found,  and  also  file  with  the  county  recorder  of  said 
county  a  notice  containing  a  description  of  the  animal  or  animals  taken 
up,  with  the  marks  and  brands,  if  they  have  any,  together  with  the 
probable  value  of  each  animal,  and  a  statement  of  the  place  whore  the 
taker-up  found,  and  where  he  has  confined  the  same.  Tlie  county  re- 
corder shall  receive  for  filing  said  notice,  the  sum  of  fifty  cents.  The 
said  notice  shall  be  so  published  for  two  weeks.  If  there  be  no  news- 
paper of  general  circulation  printed  and  published  in  the  county  wherein 
such  estray  animal  is  found,  then  such  publication  shall  be  made  in  some 
newspaper  of  general  circulation  printed  and  published  in  an  adjoining 
county  within  this  state;  provided,  however,  that  the  cost  of  publication 
does  not  exceed  three  dollars.  If,  however,  the  animal  has  the  owner's 
brand  or  mark  upon  it,  and  such  brand  or  mark  has  been  recorded 
according  to  law,  or  if  the  finder  knows  the  owner  of  said  animal,  or 
the  person  having  charge  thereof,  then,  within  five  days  after  said 
animal  is  taken  up  he  shall  notify  the  owner  of  said  animal,  or  other 
person  having  charge  thereof,  which  notice  shall  contain  the  same  infor- 
mation as  the  notice  to  be  published  and  recorded,  as  hereinabove  pro- 
vided. This  notice  shall  be  in  lieu  of  publishing  and  recording  such 
notice,  and  for  which  notice  he  shall  be  entitled  to  the  sum  of  fift}'  cents. 
[Amendment  approved  April  22,  1909.  Stats.  1909,  p.  1079.  In  effect 
immediately.] 

§3.  At  any  time  within  thirty  days  from  the  date  of  the  filing  of  the 
notice  specified  in  section  2  of  this  act,  any  person  claiming  such  estray 
animal  or  animals  shall  appear  and  demand  from  the  taker-up  the 
possession  thereof,  and  shall  at  the  same  time  pay  to  the  taker-up  all 
damages,  expenses  and  costs  incurred  by  reason  of  taking  up  said  animal 
or  animals,  and  upon  receiving  such  damages,  expenses  and  costs,  the 
taker-up  shall  immediately  deliver  to  the  party  claiming  such  animal  or 
animals  the  possession  thereof;  such  damages,  expenses  and  costs  shall 
be  estimated  as  follows,  to  wit: 

1.  The  total  amount  paid  by  the  taker-up  to  the  county  recorder,  and 
the  reasonable  cost  of  publjteiiing  said  notice. 

2.  The  sum  of  thirty  cents  per  day  for  the  keeping  and  care  of  each 
horse,  mule,  jenny,  ass,  cow,  bull,  ox,  steer  or  calf. 

3.  The  sum"  of  ten  cents  per  day  for  the  keeping  and  care  of  each  sheep, 
goat,  hog  or  other  animal  not  hereinbefore  specified,  provided  that  the 
taker-up^of  said  animal  or  animals  must  properly  feed  and  water  the 
same  while  under  his  care,  and  if  he  fails  so  to  do  shall  forfeit  all  right 
of  lien  thereof.  [Amendment  approved  April  22,  1909.  Stats.  1909,  p. 
1080.     In  effect  immediately.] 

§4.  If  the  party  claiming  such  estray  animal  or  animals  is  dissatis- 
fied with  the  amount  charged  by  the  taker-up  for  costs  and  expenses,  he 
shall  tender  to  the  taker-up  the  proper  amount  therefor,  and  if  the  said 


Act  1060,  §  5  GENERAL  LAWS.  358 

tender  be  refused,  the  party  claiming  such  estray  animal  or  animals 
shall  within  ten  days  thereafter  commence,  in  the  proper  court,  suit 
against  the  taker-up  for  the  recovery  of  the  possession  of  such  estray 
animal  or  animals,  in  which  said  action  the  takerup  may  set  forth  his 
expenses  and  costs,  and  said  matter,  together  with  accruing  expenses 
and  costs  to  the  time  of  the  entry  of  the  judgment,  shall  be  determined 
by  the  court  in  accordance  with  the  provisions  of  this  act,  and  the 
amount  of  all  such  expenses  and  costs,  and  the  costs  of  said  action  shall 
be  included  in  any  judgment  awarded  by  said  court,  and  such  costs  in 
said  action  shall  be  in  favor  of  the  plaintiff  in  said  action  and  against 
said  defendant,  if  the  court  shall  find  that  the  amount  tendered  by  the 
plaintiff  to  the  defendant  was  not  less  than  the  proper  amount;  other- 
wise said  costs  shall  be  in  favor  of  the  defendant  and  against  the  plain- 
till".  Without  the  consent  of  defendant  in  any  such  action,  no  return 
of  such  animal  or  animals  shall  be  adjudged  until  the  plaintiff  shall  pay 
to  defendant  or  deposit  in  court  payable  to  him,  the  amount  of  all  such 
expenses  and  costs  in  said  action;  and  in  case  such  payment  or  deposit  be 
not  made  within  ten  days  after  the  same  shall  have  been  determined  by 
the  court,  or  said  action  be  not  prosecuted  with  diligence,  then  the  said 
action  may  be  dismissed  on  motion  of  defendant  without  notice;  in  case 
of  such  dismissal,  the  defendant  shall  have  judgment  for  his  costs.  In 
any  such  action  for  plaintiff  to  recover,  it  shall  be  incumbent  on  him  to 
establish  an  existing  right  in  himself  to  the  possession  of  such  animal 
or  animals. 

§5.  If  no  person  appears  and  claims  the  animal  or  animals  taken  up 
within  thirty  days  after  the  filing  of  the  notice  hereinbefore  mentioned 
in  section  three  of  this  act;  or  if  a  person  does  appear  and  claim  the 
animal  or  animals  taken  up  within  thirty  days  after  the  filing  of  the 
notice  above  referred  to,  but  shall  fail  to  pay  to  the  taker-up  the  ex- 
penses and  costs  as  provided  in  section  three  of  this  act,  and  shall  fail 
to  commence  and  prosecute  with  diligence  an  action  for  the  recovery  of 
the  possession  of  such  estray  animal  or  animals  within  the  time  required 
by  section  four  of  this  act;  or  if  said  action  shall  be  dismissed;  then 
the  taker-up  shall,  in  writing,  notify  a  constable,  or  other  officer  of  the 
township  or  county  in  which  said  animal  or  animals  are  held,  which 
notice  shall  specify  that  he  has  complied  with  all  the  provisions  of  this 
act,  and  that  a  claimant  of  said  animal  or  animals  has  failed  to  appear 
and  claim  the  same  as  herein  provided,  or  if  he  has  appeared  that  he  has 
failed  to  pay  the  expenses  and  costs  and  has  failed  to  commence  or 
prosecute  with  diligence  an  action  for  the  recovery  of  the  possession  of 
such  animal  or  animals  within  the  time  and  .in  the  manner  provided  for 
in  this  act,  or  that  said  action  has  been  dismissed,  and  that  such  animal 
or  animals  are  held  by  him  subject  to  sale.  Said  constable,  or  officer, 
shall  immediately  proceed  to  sell  such  animal  or  animals  at  public  sale, 
in  conformity  with  the  law  concerning  sales  on  execution,  and  shall  be 
entitled  to  the  same  fees  as  are  provided  by  law  for  sales  under  execu- 
tion. 


359  ESTRAYS.  Act  1060,  §§  6-9a 

§  6.  Out  of  the  money  realized  from  the  sale  of  estrays,  the  constable 
or  other  officer  shall  first  retain  his  fees;  he  shall  then  pay  to  the  taker- 
up  his  expenses  and  costs  estimated  as  provided  in  section  three  of  this 
act,  or  so  much  thereof  as  the  funds  in  his  hands  will  permit,  and  the 
surplus,  if  any,  he  shall  pay  to  the  county  treasurer,  to  be  held  by  him 
for  the  owner  of  the  estray  or  estrays  for  which  it  was  received  in  pay- 
ment. If  any  person  or  persons  shall,  within  one  year  thereafter,  prove 
to  the  satisfaction  of  the  board  of  supervisors  of  the  county  in  which 
the  estray  or  estrays  were  sold,  that  he  or  they  are  entitled  to  the  sum 
so  held  by  the  county  treasurer,  or  any  part  thereof,  the  said  board  of 
supervisors  shall  order  such  sum  to  be  paid  over  to  the  person  or  per- 
sons; and  if  not  so  proven  within  one  year,  then  the  same  shall  become  a 
part  of  the  common  school  fund  of  said  county. 

§7.  All  sales  made  by  any  constable,  or  other  officer,  under  the  pro- 
visions of  this  act,  shall  convey  a  good  and  valid  title  to  the  purchaser, 
and  the  owner  of  the  estray  or  estrays  so  sold  shall  thereafter  be  barred 
from  all  right  to  recover  the  same. 

§  8,  The  taker-up  of  an  estray  animal  or  animals  shall  use  reasonable 
care  to  preserve  the  same  from  injury,  but  if  an  estray  animal  or  animals 
die  or  escape  from  the  possession  of  the  taker-up  at  any  time  while  he 
is  holding  the  same  under  the  provisions  of  this  act,  the  taker-up  shall 
not  be  held  liable  in  any  manner  on  account  of  such  animal  or  animals. 

§9.  Nothing  in  this  act  shall  affect  the  laws  or  regulations  in  force 
or  which  may  be  in  force  regarding  estrays,  the  poundkeeper,  or  other 
pound  officer  within  the  limits  of  any  city  or  town  where  laws  regarding 
estrays  are  in  force. 

§  9a.  The  board  of  supervisors  of  any  county  may,  in  their  discretion, 
upon  the  petition  of  twenty-five  or  more  electors  of  any  township  or 
portion  of  any  township,  not  included  within  the  fcoundaries  of  any 
incorporated  municipality,  appoint  a  poundkeeper  for  such  township,  or 
such  portions  thereof  not  included  within  the  boundaries  of  any  incor- 
yiorated  municipality.  Where  such  poundkeeper  has  been  appointed,  it 
shall  be  the  duty  of  any  person  finding  at  any  time  any  estray,  domestic 
animal  or  animals  upon  his  premises,  or  upon  the  premises  to  which  he 
has  the  right  of  possession,  or  upon  highways  adjacent  thereto,  to  deliver 
same  to  the  poundkeeper  or  notify  said  poundkeeper  thereof,  and  it  shall 
be  the  duty  of  the  poundkeeper  to  take  possession  thereof,  and  said 
poundkeeper  shall  have  a  lien  thereon  for  all  expenses  incurred  in  keeping 
and  caring  for  said  animal  or  animals  as  in  this  act  provided,  and  the 
duties,  compensation,  restrictions  and  liabilities  of  said  poundkeeper  shall 
be  the  same  as  provided  in  sections  2,  3,  4,  6,  7  and  8  of  this  act  for 
takers-up  of  an  estray  animal  or  animals;  provided,  however,  that  said 
poundkeeper  shall  not  be  required  to  deliver  the  animal  or  animals  to 
the  constable  for  sale  thereof,  but  shall  himself  be  empowered  with 
the  same  powers  and  duties,  and  shall  be  subject  to  the  same  restrictions 


Acts  1061-1065  GENERAL  LAWS.  360 

and  shall  receive  the  same  compensation  as  the  constable  in  such  cases, 
as  are  mentioned  in  section  5  of  this  act.  [New  section  added  April  22, 
1909.     Stats.   1909,   p.   1060.     In   effect  immediately.] 

§  10.     All  other  acts  and  parts  of  acts  relating  to  estrays  now  in  force 
are  hereby  repealed. 

§  11.     This  act  shall  take  effect  from  and  after  its  passage. 

This  act  and  the  act  of  1897,  p.  198,  repealed  all  prior  acts  relating  to  estrays. 
Many  of  these  acts  are  here  enumerated..  For  acts  relating  to  any  particular 
county,  see  the  particular  county. 

ACT  1061. 

To  prevent  the  trespassing  of  animals  upon  private  property.     [Stats. 
1855,  p.  70.] 
Amended   1862,   p.   480;    1863,   p.   570;    18G3-64,   p.   459;    1865-C6,    pp.    126, 
443;    Supp.   1861,  p.  474. 

Acts  relating  to  trespassing  animals  were  continued  in  force  by  Political  Code, 
§  19.  This  act  was,  however,  repealed  by  the  general  repealing  clauses  in  the 
acts  of  1897,  p.  198,  and  1901,  p.  603. 

ACT  1062. 

Concerning  estray  animals.     [Stats.  1856,  p.  186.] 
Amended  1859,  p.  147;   1860,  p.  9;   1863-64,  p.  386. 
See  note  to  Act  1061. 

ACT  1063. 

To    prevent    stallions    from    running    at    large    in    Sacramento    County. 

[Stats.  1859,  p.  149.] 

"Extended    and    amended    1860,    p.    107;    1865-66,    p.    327;    1867-68,    p.    70; 

1869-70,  p.   68;   1873-74,  p.  228.     As  to  penal  clauses,   repealed  by  §  6,   Penal 

Code;    and    as   to   other   provisions,    probably    repealed   by    estray    law    of    1897, 

p.  198,  and  1901,  p.  603." — Code  Commissioners'   Note. 

This  act  was  extended  by  later  acts  to  the  following  counties:  Sutter,  Alameda, 
Yuba,  El  Dorado,  Placer,  Santa  Cruz,  Calaveras,  Amador,  Santa  Clara,  Mari- 
posa, Merced,  Yolo,  Stanislaus,  Butfe,  Mendocino,  Shasta,  Colusa,  Tehama, 
Sonoma,  Siskjyou,  Plumas,  Sierra,  Monterey,  Sau  Mateo,  Sonoma,  Nevada,  Al- 
pine, and  Mono. 

ACT  1064. 

Trespassing  animals   in   the   counties   of   Los  Angeles,    San   Diego,    and 

Monterey.     [Stats.  1871-72,  p.  99.] 
Amended  1871-72,  p.  241.     Repealed  as  to  Monterey  County,  1871-72,  p.  566. 
Extended  to  Inyo  County,   1871-72,   p.   668.     Repealed  1897,  p.   198,   and   1901, 
p.  603,  relating  to  estrays. 

ACT  1065. 

Preventing  hogs  running  at  large  in   Susanville,  Lassen   County,   Sutter 

Creek   township  number   two,   Amador   County,   and   Oroville,   Butte 

County.     [Stats.   1871-72,   p.   510.] 

Repealed  provisionally.  Stats.  1873-74,  p.   190. 

See  Statute  of  1897,  p.  198,  §  9. 


361  ESTRA7S.  Acts  1066-1072 

ACT  1066. 

To   protect   agriculture   and   prevent   trespassing   of  animals   on   private 

property.     [Stats.  1871-72,  p.  563.] 

Probably  superseded  by  1897,  p.  198;   1901,  p.  603,  relating  to  estrays. 

ACT  1067. 

Protecting  agriculture   and   preventing  trespassing   of   animals.     [Stats. 
1873-74,  p.  50.] 
Supplemented  1873-74,  pp.  179,  474,  705,   824. 
Citations.      Cal.  51/298;   52/202,  408;   53/49,   146.     App.  3/330. 
"Unconstitutional,    in    so    far    as    it    authorizes    justices    to    enforce    a    lien. 
(Young  V.  Wright,  52  Cal.  407;  Sutherland  v.  Sweem,   53  Cal. 

Repealed  1877-78,  p.  176.  (Hanley  v.  Sixteen  Horses,  97  Cal.  182.)" — 
Code  Commissioner's  Note. 

ACT  1068. 

Hogs  running  at  large  in  certain  towns.     [Stats.  1873-74,  p.  901.] 
Repealed,   1897,  p.  198. 

This  act  prevented  hogs  running  at  large  upon  lands  included  in  any  town- 
site  which  had  received  a  patent  under  congressional  grant. 

ACT  1069. 

Stanislaus,  Fresno,  and  Sutter  counties,  protection  of  agriculture  in,  and 

prevention  of  trespassing  of  animals  upon  private  property.     [Stats. 

1875-76,  p.   373.] 

Repealed  1897,  p.  198. 

ACT  1070. 

To   prevent  hogs  and   goats  running  at  large  on   certain  land's.     [Stats. 
1875-76,  p.  644.] 
Amended  1877-78,  p.  85.      Superseded  1897,  p.  198. 

This  act  forbade  the  running  at  large  upon  any  townsite  receiving  patents  un- 
der act  of  Congress. 

ACT  1071. 

Concerning  trespassing  of  animals  upon  private  lands  in  certain  counties. 

[Stats.  1877-78,  p.  176.] 

Amended  1877-78,  p.  878.  Supp.  1907,  p.  300.  Superseded  by  the  estray 
laws  of  1897,  p.  198,  and  1901,  p.  603,  as  amended  1905,  p.  395;  1907,  p.  132. 
See  estray  law  of  1907,  ante,  Act  1059. 

This  act  applied  to  parts  of  San  Bernardino,  El  Dorado,  and  Tehama  counties, 
and  to  all  of  Alpine,  Humboldt,  Morccd,  Solano,  Santa  Barbara,  San  Joaquin, 
San  Luis  Obispo,  and  Sacramento  counties. 

ACT  1072. 

Buck  goats,  to  prevent   running  at  Inrge.     [Stnts.   1877  78,   p.  437.] 
Superseded  by  §  597g  of  Penal  Code. 


Acts  1073-1088  GENERAL  LAWS.  .  862 

ACT  1073. 

Eelating  to  estrays,  and  repealing  all  other  acts  and  parts  of  acts  now 
in  force  relating  to  estrays.     [Stats,  approved  Marcli  27, 1897.     Stats. 
1897,  p.  198.] 
Repealed  1901,  p.  606. 

TITLE  156. 
ETNA. 
ACT  1078. 

Town  of,  incorporating.     [Stats.  1877-78,  p.  261.] 
See  tit.  "Rough  and  Ready,"  post, 

TITLE  157. 
EUREKA. 
ACT  1082. 

To  incorporate.     [Stats.  1859,  p.  192.] 
Amended   1862,   p.   55;    1863-64,   p.    165;    1871-72,   p.    186;    1873-74,   p.   91. 
Supplemented   1875-76,  p.   333.      Amended  1875-76,  p.   334. 
Superseded  by  the  charter  of  Eureka,   Stats.   1895,  pp.  356-405. 

ACT  1083. 

Charter  of  Eureka.     [Stats.  1895,  p.  356.] 

Amended   1907,  p.   1172. 
Citations.      Cal.  150/203. 

ACT  1084. 

Incorporation  of.     [Stats.  1873-74,  p.  91.] 
Supplemented    1875-76,    p.    333.     Amended    1875-76,    p.    334.     Repealed    by 
charter  of  Eureka  1895,  p.  356. 

ACT  1085. 

To  legalize  the  survey  of   Clark's  addition  to.     [Stats.  1869-70,  p.  395.] 

ACT  1086. 

To  cede  property  to  Eureka.     [Stats.  1857,  p.  76.] 
This  act  ceded  to  Eureka  the  entire  waterfront  of  the  town. 

ACT  1087. 

Common  council  of  to  sit  as  a  board  of  equalization.     [Stats.   1877-78, 
p.  184.] 
Superseded  by  charter  of  Eureka,  1895,  p.  356. 

ACT  1088. 

To  establish  a  police  court  in.     [Stats.  1895,  p.   90.] 
Superseded  by  charter,  1895,  p.  376. 


363  EXPLOSIVES.  Act  1093,  §§  1-4 

TITLE  158. 
EXPLOSIVES. 
ACT  1093. 

An  act  to  protect  life  and   property  against  the   careless  and  malicious 
use  or  handling  of  dynamite  and  other  explosives. 
[Approved  March  12,  1887.     Stats.  1887,  p.  110.] 
Citations.      App.  1/397,  398. 

Sections    1,    2,    3,    4    codified   by  §  375a,    Penal    Code:   See    Penal    Code,  §  375a, 
note. 

Section  8  codified  by  §  601,  Penal  Code:    See  Penal  Code,  §  601,  note. 

Keep  record  of  sales. 

§  1.  It  is  the  duty  of  each  and  every  person,  contractor,  firm,  asso- 
ciation, joint  stock  company,  and  corporation,  manufacturing,  storing, 
selling,  transferring,  disposing  of,  or  in  any  manner  dealing  in  or  with 
or  using  or  giving  out,  nitro-glycerine,  dynamite,  vigorite,  hercules  pow- 
der, giant  powder,  or  other  high  explosive,  by  whatever  name  known,  to 
keep  at  all  times  an  accurate  journal,  or  book  of  record,  in  which  must 
be  entered,  from  time  to  time,  as  they  are  made,  each  and  every  sale, 
delivery,  transfer,  gift,  or  other  disposition  made  by  such  person,  firm, 
association,  joint  stock  company,  or  corporation,  in  the  course  of  busi- 
ness or  otherwise,  of  any  quantity  of  such  explosive  substance. 

What  record  must  show. 

§  2.  Such  journal  or  record  book  must  show,  in  a  legible  handwriting 
to  be  entered  therein  at  the  time,  a  complete  history  of  each  transaction, 
stating  the  name  and  quantity  of  the  explosive  sold,  delivered,  given 
away,  transferred,  or  otherwise  disposed  of;  the  name,  place  of  resi- 
dence, or  business  of  the  purchaser  or  transferee;  the  name  of  the  indi- 
vidual to  whom  delivered,  with  his  or  her  address,  with  a  description  of 
such  individual  sufficient  to  provide  for  identification. 

Records  subject  to  examination  of  peace  officer. 

§  3.  Such  journal  or  record  book  must  be  kept,  by  the  person,  firm, 
association,  joint  stock  company,  or  corporation  so  selling,  delivering, 
or  otherwise  disposing  of  such  explosive  substance  or  substances,  in  his 
or  their  principal  office  or  place  of  business,  at  all  times  subject  to  the 
inspection  and  examination  of  the  peace  officers  or  other  police  authori- 
ties of  the  state,  county,  city  and  county,  or  municipality  where  the 
same  is  situated,  on  proper  demand  made  therefor,  any  failure  or  neglect 
to  keep  such  book,  or  to  make  the  proper  entries  therein  at  the  time 
of  the  transaction,  as  herein  provided,  or  to  exhibit  the  same  to  the 
peace  officers  or  other  police  authorities  on  demand,  shall  be  deemed  a 
misdemeanor,  and  punished  accordingly. 

Forfeiture  in  addition  to  punishment. 

§4.  In  addition  to  such  punishment,  and  as  a  cumulative  penalty, 
such  person,  firm,  association,  joint  stock  company,  or  corporation  so 
offending,  shall  forfeit,  for  each  offense,  the  sum  of  two  hundred  and  fifty 


Act  1093,  §§  5-8  GENERAL  LAWS.  864 

dollars,  to  be  recovered  in  any  court  of  competent  jurisdiction,  by  action 
at  law.  The  party  so  instituting  such  actions  shall  not  be  entitled  to 
dismiss  the  same  without  consent  of  the  court  before  which  the  suit 
has  been  instituted.  Nor  shall  any  judgment  recovered  be  settled,  satis- 
fied, or  discharged,  save  by  order  of  such  court,  after  full  payment  into 
court,  and  all  moneys  so  collected  shall  be  paid  to  the  party  bringing 
the  suit. 

Prohibiting  reckless  possession  of  explosives. 

§  5.  Any  person  who,  in  the  public  street  or  any  highway  of  any 
county,  city  and  county,  city,  or  town  or  city,  or  at,  in,  or  near  to  any 
theater,  hall,  public  or  private  school,  or  college,  church,  hotel, 
or  other  public  building,  or  at,  in,  or  near  to  any  private  habitation 
or  in,  on  board  of,  or  near  any  railway  passenger  train,  or  ear  or  train, 
or  cable  road,  or  car  of  the  same,  or  steam  or  other  vessel,  engaged  in 
carrying  passengers,  or  ferryboat,  or  other  public  place  where  human 
beings  ordinarily  pass  and  repass,  shall  recklessly  or  maliciously  have  in 
his  or  her  possession  any  dynamite,  nitro-glycerine,  vigorite,  hercules 
powder,  giant  powder,  or  other  high  explosive;  or  who  shall  .recklessly 
or  maliciously  by  use  of  such  means  intimidate,  terrify,  or  endanger  any 
human  being,  is  guilty  of  a  felony,  and  on  conviction  shall  be  punished 
accordingly. 

Defining  reckless  possession. 

§  6.  Any  person  not  regularly  engaged  in  the  manufacture,  sale,  trans- 
portation, or  legitimate  use  in  blasting  operations,  or  in  the  arts,  of  such 
substances  as  are  named  in  this  act,  shall  be  presumed  (prima  facie)  to 
be  guilty  of  a  reckless  and  malicious  possession  thereof,  within  the 
meaning  of  the  foregoing  section,  if  any  such  substance  is  found  upon 
him,  or  in  his  possession,  in  any  of  the  places,  or  under  any  of  the  cir- 
cumstances specified  in  the   preceding  section. 

Punishment  for  unlawful  possession. 

§  7.  No  person  may  knowingly  keep  or  have  in  his  or  her  possession 
any  dynamite,  vigorite,  nitro-glycerine,  giant  powder,  hercules  powder, 
or  other  high  explosive,  except  in  the  regular  course  of  business  carried 
on  by  such  person,  either  as  a  manufacturer  thereof  or  merchant  dealing 
in  the  same,  or  for  use  in  legitimate  blasting  operations,  or  in  the  arts, 
or  while  engaged  in  transporting  the  same  for  others,  or  as  the  agent  or 
employee  of  others  engaged  in  the  course  of  such  business'  or  operations. 
Any  other  possession  of  any  such  explosive  substances  as  are  named  in 
this  act  is  unlawful;  and  the  person  so  unlawfully  possessing  it  shall 
be  punished  by  imprisonment  in  the  state  prison  not  exceeding  five 
years,  or  by  fine  not  exceeding  five  thousand  dollars,  or  by  both  such  fine 
and  imprisonment. 

Malicious  deposit. 

§  8.  Any  person  who  maliciously  deposits  or  explodes,  or  who  at- 
tempts to  explode,  at,  in,  under,  or  near  any  building,  vessel,  or  boat, 
railroad,  tramroad,  or  cable  road,  or   any   train  or   car,   or   any   depot, 


365  EXTENSION  OP  TIME.  Act  1094 

stable,  car-house,  theater,  schoolhouse,  church,  dwelling-house,  or  other 
plai'e  where  human  beings  usually  inhabit,  assemble,  frequent,  or  pass 
and  repass,  any  dynamite,  nitro-glycerine,  vigorite,  giant  or  hereules 
powder,  gunpowder,  or  other  chemical  compouud,  or  other  explosive, 
with  the  intent  to  injure  or  destroy  such  building,  vessel,  boat,  or  other 
structure,  or  with  the  intent  to  injure,  intimidate,  or  terrify  any  human 
being,  or  by  means  of  which  any  human  being  is  injured  or  endangered, 
is  guilty  of  a  felony,  and  on  conviction  thereof  shall  be  punished  by 
imprisonment  in  the  state  prison  not  less  than  one  year. 

Transportation  of  high  explosives. 

§9.  Any  person,  firm,  or  corporation,  who  shall  take,  carry  or  trans- 
port, or  cause  to  be  taken,  carried,  or  transported,  any  dynamite,  vigor- 
ite, nitroglycerine,  hereules  or  giant  powder,  or  other  high  explosive, 
into  the  limits  of,  or  through,  or  across  any  incorporated  city  or  town 
of  this  state,  or  into,  through,  or  across  any  harbor  for  shipping,  in  any 
manner,  condition,  or  quantity,  or  otherwise,  in  violation  of  the  laws  or 
ordinances  of  such  city  or  town,  or  of  the  laws  or  regulations  govern- 
ing such  harbor,  shall,  in  addition  to  the  penalties  provided  or  imposed 
by  such  laws,  ordinances,  or  regulations,  forfeit  to  the  state  of  California 
ail  such  explosive  substances,  as  well  as  the  cases  inclosing  the  same. 
Such  forfeiture  may  be  sued  for  by  any  citizen  of  the  state,  for  himself 
and  the  state;  and  the  goods  or  property,  when  so  forfeited  and  recov- 
ered by  judgment  of  the  court,  shall  be  sold,  and  the  proceeds  divided, 
the  citizen  so  suing  taking  one-half  to  himself  for  his  own  benefit,  and 
paying  the  other  half  into  the  state  treasury.  Such  action  may  be 
maintained  in  any  court  of  competent  jurisdiction;  provided,  that  the 
state  shall  never  be  liable  to  any  cost  or  expense  for  any  such  suit  or 
proceeding. 

Police  officer  may  sue  for  forfeitvires. 

§  10.  Any  of  the  forfeitures  provided  for  in  this  act  may  be  taken 
advantage  of,  and  sued  for  and  recovered,  by  any  peace  ofiicer  or  police- 
man, member  of  the  police  force  of  any  city,  city  and  county,  or  town 
where  the  same  arises,  for  his  own  benefit,  notwithstanding  any  law, 
ordinance,  or  rule  to  the  contrary. 

§  11.     This  act  shall  take  effect   and  be  in  force  from  and  after  its 


TITLE   159. 
EXTENSION  OF  TIME. 
ACT  1094. 

An  act  to  extend  the  time  for  the  performance  of  any  act  or  the  taking 
of  any  proceeding  appointed,  required  or  limited  by  or  in  pursuance 
of  law  to  be  performed  or  taken  on  any  day  or  within  any  time  in 
the  month  of  June,  1906,  prior  to  the  last  day  of  said  month. 
[Approved  June  3,  1906.     Stats.  1906,  p.  8.] 

§1.     Any  act   or   proceeding  appointed,   required   or  limited  by   or   in 
pursuance  of  law  to  be  performed  or  taken  on  any  day  or  within  any 


Acts  1098-1109  GENERAL  LAWS.  366 

time  in  the  month  of  June,  1906,  prior  to  the  last  day  of  said  month, 
may  be  performed  or  talien  on  any  day  not  later  than  "the  tenth  day  of 
July,  A.  D.  1906,  with  the  same  effect  as  if  it  had  been  performed  or 
taken  on  the  day  or  within  the  time  wherein  such  act  or  proceeding  was 
so  appointed,  required  or  limited  to  be  performed.  The  provisions  of  this 
act  shall  not  apply  to  criminal  actions. 

§  2.     This  act  shall  take  effect  immediately. 
Citations.     Cal.  152/258, 

TITLE  160. 
FACTORIES. 
ACT  1098. 

To  provide  for  the  proper  sanitary  condition  of  factories  and'  workshops, 
and  for  the  preservation  of  the  health  of  the  employees.  [Stats. 
1889,  p.  3.] 

Amended   1901,  p.   571;   1903,  p.   16;   1909,  p.  43. 
Declared  unconstitutional:   Schaezlein  v.  Cabaniss,   135  Cal.  466. 

TITLE  161. 
FEATHER  RIVER. 
ACT  1103. 

To  declare  the  bridge  across  Feather  River,  extending  from  Fifth  Street, 
at  the  city  of  Maiysville,  in  the  county  of  Yuba,  to  the  opposite 
bank  of  tlie  said  river,  a  free  bridge.  [Approved  March  31,  1891. 
Stats.   1891,  p.  263.] 

ACT  1104. 

Concerning  survey  of  outlet  of.     [Stats.  1867-68,  p.  91.] 

TITLE   162. 
FEEBLE-MINDED  CHILDREN", 
r'onsult  the  following  acts: 

ACT  1108. 

To  establish  the  "California  Home  for  the  Care  and  Training  of  Feeble- 
minded   Children,"    and   provide   for   the    maintenance   of   the   same. 
[Approved  March  18,   1885;   1885,  p.   198.] 
Repealed  1887,  p.  73. 
Citations.      Cal.  139/266,  267. 

ACT  1109. 

To  provide  for  the  government  and  management  of  the  California  Home 

for  the  Care  and  Training  of  Feeble-minded  Children.     [Stats.  1887, 

p.   69.] 

Amended  1889,  p.  155.      Supplemented  1897,   p.  251;   1901,  p.   795. 

Citations.     Cal.  139/267.     App.  1/279. 


367  FEEBLEMINDED   CHILDREN,  Acts  1 110 -1116 

ACT  1110. 

Providing  a   permanent  site  for  the  California  ITome  for  the  Care   and 
Training  of  Feeble-minded  Children.     [Stats.  1889,  p.  69.] 

ACT  1111. 

To  authorize  and  direct  the  sale  of  the  site  and  buildings  of  the  Cali- 
fornia Home  for  the  Care  and  Training  of  Feeble-minded  Children,  in 
Santa  Clara  County.  [Approved  March  19,  1891.  Stats.  1891,  p. 
133.] 

ACT  1112. 

Granting  to  the  board  of  supervisors  of  Sonoma  County,  California,  right 
of  way  through  the  lands  of  the  California  Home  for  the  Care  and 
Training  of  Feeble-minded  Children,  to  enable  said  board  of  super- 
visors to  change  the  location  of  the  public  highway  now  traversing 
said  lands.     [Approved  March  23,   1893.     Stats.   1893,  p.   277.] 

ACT  1113. 

To  authorize,  empower,  and  direct  the  California  Home  for  the  Care 
and  Training  of  Feeble-minded  Children,  to  admit  idiots,  epileptics 
and  mentally  enfeebled  paralytics  into  said  institution;  to  provide 
for  the  support  of  all  inmates  therein,  and  to  repeal  all  acts  or  parts 
of  acts  in  conflict  with  the  provisions  of  this  act.  [Approved  March 
31,  1897.  Stats.  1897,  p.  251.] 
CiUtions.      CaL  139/265,  266,  267. 

ACT  1114. 

To  authorize  and  empower  the  trustees  of  the  California  Home  for  Care 
and  Training  of  Feeble-minded  to  transfer  and  quitclaim  certain  real 
property  to  the  trustees  of  the  town  of  Santa  Clara.  [Approved 
March   20,   1903.     Stats.   1903,   p.   319.] 

ACT  1115. 

An  act  to  provide  for  certain  improvements  and  repairs  to  the  Califor- 
nia   Home    for   the    Care    and    Training    of    Feeble-minded   Children 
making     an     appropriation     therefor.     [Approved     June     14,     1906. 
Stats.  1906,  p.  27.] 
The  sum  of  $72,500  was  appropriated  for  the  purpose  indicated. 

ACT  1116. 

An  act  authorizing  and  directing  the  completion  of  the  main  buildings 
at  the  California  Home  for  the  Care  and  Training  of  Feeble-minded 
Children,  near  Eldridge,  California,  and  making  an  appropriation 
therefor.  [Approved  March  11,  1907.  Stats.  1907,  p.  199.  Amended 
1909,  p.  794.J 


Acts  1136-1146  GENERAL  LAWS.  370 

This  act  and  the  supplementary  act  of  1860,  p.  141,  were  continued  in  force 
by  the  Political  Code,  §  19,  and  consequently  the  counties  to  which  they  apply 
are  not  subject  to  the  provisions  of  §  841  of  the  Civil  Code.  (Meade  y.  Watson, 
67  Cal.  591.      See,  also,  Gonzales  v.  Wasson,  51  Cal.  295.) 

ACT  1136. 

Lawful  fences,  supplementing  statute  concerning.     [Stats.  I860,  p.  141.] 

ACT  1137. 

Concerning   lawful   fences   in   San   Bernardino,   Colusa,   Shas^;a,   Tehama, 
and  Placer  counties.     [Stats.  1859,  p.  279.] 
Extended    to    Yuba    County,    1863,    p.    357.     This    latter    act    repealed.    Stats. 
1871-72,  p.   700. 

ACT  1138. 

Division  fences,  construction  of.     [Stats.  1875-76,  p.  175.] 
Amended    1877-78,    p.    765.     Repealed,    as    to    San    Mateo    County,    1877-78, 
p.   1019. 

This  act  applied  to  the  counties  of  Sacramento,  Solano,  Sutter,  Yuba,  Butte, 
Contra  Costa,  San  Joaquin  (parts  of),  Amador,  San  Luis  Obispo,  Santa  Barbara, 
Ventura,  Tulare,  El  Dorado,  Tuolumne,  San  Mateo,  and  Nevada. 

ACT- 1139. 

Regulating    the    height    of     division    and    partition     fences    in     cities. 
[Stats.  1885,  p.  45.] 
Citations.     Cal.  118/343. 

Fences  wholly  on  the  land  of  their  owner  excluded  therefrom:  Western  etc. 
Co.  V.  Knickerbocker,  103  Cal.  111. 

ACT  1140. 

To   prevent   persons  from  passing  through   inclosures   and  leaving  them 

open    and  tearing  down  fences  to  make  passage  through  inclosures. 

[Stats.  1871-72,  p.  384.] 

See  §  7,   1875-76,  p.  408;   1877-78,  pp.  49,  776. 

Citations.     Cal.  108/347. 

Certain  counties  were  exempted  from  the  provisions  of  this  act:  See  post.  Act 
1593,  note. 

Codified  by  §  602   of  Penal  Code,   Bubd.   8. 

ACT  1141. 

To  prevent  the  leaving  open  of  inclosures  and  hunting  on  inclosed  lands. 
[Stats.  1875-76,  p.  408.] 

Amended  1877-78,  pp.  49,   776. 

Many  sections  codified:   See  post.  Acts  1577,  notes,  and  1593,  note. 

TITLE  166. 
FERRIES. 
ACT  1146. 

Concerning   public   ferries   and   toll   bridges.     [Stats.    1855,   p.    183.] 

Supplemented    1861,   p.    18;    1862,   p.    247;    1869-70,   p.    887.      Ameiuled    1861, 
p.    307;    1863,   pp.    720,    747,    758;    1863-64,   p.    192;    1867-68,   p.    77;    1873-74, 
p.  581.      Superseded  by  Political  Code,  §  2843  et  seq. 
Citations.     Cal.  7/115. 


371  FERRIES.  Acts  1147.  1143 

ACT  1147. 

An  act  relating  to  ferries  across  navigable  rivers  separatinjr  counties,  and 
empowering  the  boards  of  supervisors  of  such  counties  to  establish 
and  maintain  ferries  across  such  rivers,  and  to  pay  the  expense 
thereof. 

[Approved  March   16,   1903.     Stats.   1903,   p.   1.56.] 

§  1.  When  a  navigable  river  forms  a  boundary  between  two  counties 
of  this  state,  the  boards  of  supervisors  of  such  counties  are  hereby  given 
the  power  to  establish  and  operate  a  ferry  or  ferries  across  such  stream. 

§2.  Each  of  such  counties  shall  pay  such  proportion  of  the  expenses 
of  establishing  and  operating  said  ferry  or  ferries  as  may  be  agreed  upon 
by  the  boards  of  supervisors  of  such  counties. 

§3.  In  ease  either  of  said  counties  shall  refuse  to  enter  inro  an  agree- 
ment to  establish  and  operate  such  ferry  or  ferries,  the  county  situated 
upon  the  opposite  bank  of  such  river  may  establish  and  operate  a  ferry 
or  ferries  across  such  river,  and  such  county  is  hereby  empovverea  to 
acquire  landing  places  for  such  ferry  or  ferries  on  the  bank  of  such 
river  opposite  the  boundary  of  such  county,  and  may  pay  the  expense  of 
establishing  and  operating  said  ferry  or  ferries  out  of  the  general  road 
fund  of  such  county. 

§  4.     This  act  shall  take  effect  from  and  after  its  passage. 

ACT  1148. 

An  act  relating  to  ferries  across  rivers  and  streams  wholly  within  one 
county,  and  empowering  the  boards  of  supervisors  of  such  county  to 
purchase,  establish  and  maintain  ferries  across  such  rivers  or  streams 
and  to  pay  the  expenses  thereof. 

[Approved  April  16,  1909.     Stats.  1909,  p.  974.] 

§1.  "Whenever  the  board  of  supervisors  of  any  county  within  the 
state  of  California  shall  deem  it  advisable  and  for  the  best  interests  of 
the  public  that  the  county  own  and  operate  any  ferry  within  such 
county,  such  board  may  purchase,  establish  and  operate  a  ferry  or  fer- 
ries across  any  stream  or  river  within  said  county  and  may  operate  the 
same  as  a  free  ferry  or  ferries. 

§  2.  Such  board  of  supervisors  is  hereby  empowered  to  acquire  land- 
ing places  for  such  ferry  or  ferries  on  the  banks  of  such  river  or  stream 
and  may  pay  the  expens'es  of  establishing  and  operating  said  ferry  or  fer- 
ries out  of  the  general  road  fund  of  said  county;  provided,  however,  that 
no  supervisor  or  his  bondsmen  shall  be  responsible  for  the  payment  of 
damages  incurred  by  any  person  while  traveling  on  such  ferry. 

§  3.    This  act  shall  take  effect  from  and  after  its  passage. 


Acts  1152,  1157  GENERAL  LAWS.  372 

TITLE  167. 
PEERY   DEPOT. 
ACT  1152. 

To  provide  for  the  issuance  and  sale  of  state  bonds  to  create  a  fund  for 
the  construction  and  fuvuisbing,  by  the  board  of  state  harbor  com- 
missioners, of  a  general  ferry  and  passenger  depot  in  the  city  and 
county  of  San  Francisco;  to  create  a  sinking  fund  for  the  paym'ent 
of  said  bonds,  and  providing  for  the  submission  of  this  act  to  a  vote 
of  the  people.  [Approved  March  17,  1891.  Stats.  1891,  p.  110.] 
Citations.     Cal.  111/582. 

TITLE  168. 
FEETILIZERS. 
ACT  1157. 

An  act  to  regulate  the  sale  of  commercial  fertilizers  or  materials  used 
for  manurial  purposes,  and  to  provide  penalties  for  the  infraction 
thereof,  and  means  for  the  enforcement  of  the  act. 

[Approved  March  20,  1903.     Stats.  1903,  p.  259.] 

§  1.  Every  lot,  parcel,  or  package  of  commercial  fertilizers  or  mater- 
ials to  be  used  for  manurial  purposes  (excepting  the  dung  of  domestic 
animals),  sold,  offered,  or  exposed  for  sale,  within  this  state,  shall  be 
accompanied  by  a  plainly  printed  label,  stating  the  name,  brand,  and 
trademark,  if  any  there  be,  under  which  the  fertilizer  is  sold,  the  name 
and  address  of  the  manufacturer,  importer,  or  dealer,  the  place  of  manu- 
facture, and  a  chemical  analysis,  stating  the  percentages  claimed  to  be 
therein;  of  nitrogen,  specifying  the  form  or  forms  in  which  it  is  present; 
of  phosphoric  acid,  available  and  insoluble;  and  of  potash,  soluble  in 
distilled  water,  and  the  materials  from  which  all  of  said  constituents 
are  derived.  All  analyses  are  to  be  made  according  to  the  methods 
agreed  upon  by  the  American  association  of  official  agricultural  chemists. 
In  the  case  of  those  fertilizers,  the  selling  price  of  which  is  less  than 
eight  dollars  ($8)  per  ton,  said  label  need  only  give  a  correct  general 
statement  of  the  nature  and  composition  of  the  fertilizer  it  accompanies. 

§  2.  No  person  shall  sell,  offer,  or  expose  for  sale  in  this  state,  any 
pulverized  leather,  hair,  ground  hoofs,  horns,  or  wool  waste,  raw,  stenmed, 
roasted',  or  in  any  form  as  a  fertilizer,  or  as  an  ingredient  of  a  fertilizer 
or  manure,  without  an  explicit  statement  of  the  fact;  sfiid  statement  to 
be  conspicuously  affixed  to  every  package  of  such  fertilizer  or  manure, 
and  to  accompany  and  go  with  every  lot,  parcel,  or  package  of  the  same. 

§  3.  The  manufacturer,  importer,  agent  of,  or  dealer  in  any  commercaal 
fertilizers,  or  materials  used  for  manurial  purposes,  the  selling  price  of 
which  to  the  consumer  is  eight  ($8)  dollars  or  more  per  ton,  shall,  be- 
fore the  same  is  offered  for  sale,  obtain  a  certificate  of  registration  from 
the  secretary  of  the  board  of  regents  of  the  University  of  California, 
countersigned  by  the  director  of  the  agricultural  experiment  station  of 
the  said  university,  authorizing  the  sale  of  fertilizers  in  this  state,  and 


873  FERTILIZERS.  Act  1157,  §§  4,  5 

shall  securely  fix  to  each  lot,  parcel,  or  package  of  fertilizer  the  word 
"Ecgistered"  with  the  number  of  registry.  The  manufacturer,  importer, 
agent,  or  dealer  obtaining  such  registry,  shall  pay  to  the  said  secretary 
the  sum  of  fifty  ($50)  dollars,  to  be  applied  as  provided  in  section  9  of 
this  act;  such  registration  shall  expire  on  the  thirtieth  day  of  June  of  the 
fi-scal  year  for  which  it  was  given;  provided,  the  provisions  of  this  section 
shall  not  apply  to  any  agent  whose  principals  shall  have  obtained  a  cer- 
tificate of  registration  as  herein  provided.  Every  such  manufacturer, 
importer,  agent,  or  dealer,  who  makes  or  sells,  or  offers  for  sale,  any  such 
substances,  under  a  name  or  brand,  shall  file,  on  or  before  the  first  day 
of  July,  in  each  year,  a  statement,  under  oath,  with  said  director,  stating 
such  name  or  brand,  and  stating  the  component  parts  in  accordance  with 
the  provisions  of  section  1  of  this  act,  of  the  substances  to  be  sold,  or 
offered  for  sale,  or  manufactured  under  each  such  name  or  brand. 

§  4.  The  said  director  shall  annually,  on  or  before  the  first  day  of 
September,  take  samples  in  accordance  with  the  provisions  of  section  5 
hereof  of  the  substance  made,  sold,  or  offered  for  sale,  under  every  such 
name  or  brand,  and  cause  analyses  to  be  made  thereof  in  accordance 
with  the  provisions  of  section  1  hereof,  and  said  analyses  may  include 
such  other  determinations  as  said  director  may  at  any  time  deem  advisa- 
ble. Dealers  in,  or  manufacturers  of  fertilizers,  must  give  free  access  to 
the  director  of  the  agricultural  experiment  station,  or  his  duly  author- 
ized deputy,  to  all  the  materials  which  they  may  place  on  the  market 
for  sale  in  Cnlifornia.  Whenever  the  analysis  certified  by  the  said 
director  shall  show  a  deficiency  of  not  more  than  one  fourth  of  one  per 
cent  of  nitrogen,  or  one  per  cent  of  soluble  or  available  phosphoric  acid, 
or  one-half  of  one  per  cent  of  potash  soluble  in  distilled  water,  the  state- 
ment of  the  manufacturer  or  importer,  as  required  in  section  1  of  this 
act,  shall  not  be  deemed  to  be  false  in  the  meaning  of  this  act;  provided, 
that  this  act  shall  not  apply  to  sales  of  fertilizing  materials  made  to  a 
registered  manufacturer  of  fertilizers,  or  to  sales  for  export  outside  of 
this  state;  provided  further,  that  the  said  director  of  the  agricultural 
experiment  station  of  the  University  of  California  shall,  upon  the  receipt 
of  a  sample  of  fertilizer,  accompanied  with  a  nominal  fee  of  two  ($2) 
dollars,  furnish  to  the  user  of  said  commercial  fertilizers,  such  examina- 
tion or  analysis  of  the  sample  as  will  substantially  establish  the  con- 
formity or  non-conformity  of  the  said  fertilizer  to  the  guarantee  under 
which  it  was  sold. 

§  5.  The  director  of  the  agricultural  experiment  station  of  the  Uni- 
versity of  California,  in  person  or  by  deputy,  is  hereby  authorized  to 
take  a  sample  not  exceeding  two  pounds  in  weight  for  analysis  by  the 
said  director,  or  his  deputies,  from  any  lot,  parcel,  or  package  of  fer- 
tilizer, or  material,  or  mixture  of  materials  used  for  manurial  purposes, 
which  may  be  in  the  possession  of  any  manufacturer,  importer,  agent,  or 
dealer,  but  said  sample  shall  be  drawn  in  the  presence  of  said  party  or 
parties  in  interest,  or  their  representatives.  In  lots  of  five  tons  or  less, 
samples  shall  be  drawn  from  at  least  ten  packages,  or,  if  less  than  ten 


Act  1157,  §§  6-10  GENERAL  LAWS.  374 

packages  are  present,  all  shall  be  sampled;  in  lots  of  over  five  tons,  not 
less  than  twenty  packages  shall  be  sampled.  The  samples  so  drawn  shall 
be  thoroughly  mixed,  and  from  it  two  equal  samples  shall  be  drawn  and 
placed  in  glass  vessels,  carefully  sealed,  and  a  label  placed  on  each, 
stating  the  name  or  brand  of  the  fertilizer  or  material  sampled,  the  name 
of  the  party  from  whose  stock  the  sample  was  drawn,  and  the  time  and 
place  of  drawing;  and  said  label  shall  also  be  signed  by  the  said  director 
or  his  deputy  making  such  inspection,  and  by  the  party  or  parties  in 
interest,  or  their  representatives  present  at  the  drawing  and  sealing  of 
said  samples.  One  of  said  duplicate  samples  shall  be  retained  by  the 
P3,rty  whose  stock  was  sampled,  and  the  other  by  the  director  of  the 
agricultural  experiment  station  of  the  University  of  California. 

§  6.  The  director  of  the  agricultural  experiment  station  of  the  Uni- 
versity of  California  shall  publish  in  bulletin  form,  from  time  to  time,  at 
least  annually,  the  results  of  the  analyses  hereinbefore  provided,  with 
such  additional  information  as  circumstances  may  advise. 

§7.  There  is  hereby  appropriated  for  the  use  of  the  agricultural  ex- 
periment station  of  the  University  of  California  at  Berkeley,  Alameda 
County,  as  set  forth  in  this  act,  out  of  any  moneys  in  tlie  treasury  not 
otherwise  appropriated,  the  sura  of  eighteen  hundred  ($1,800)  dollars  for 
the  equipment  of  a  laboratory,  with  the  chemicals  and  apparatus  and 
other  incidentals  necessary  to  the  successful  prosecution  of  the  work. 

§  8.  In  order  to  further  provide  for  the  necessary  expenses  of  this 
work,  there  shall  be  paid  by  the  manufacturer,  importer,  agent,  or  dealer, 
twenty-five  cents  for  every  ton  of  fertilizer  sold,  the  selling  price  of 
which  to  the  consumer  is  eight  ($8)  dollars  or  more  per  ton.  A  state- 
ment sworn  to  by  the  manufacturer,  importer,  agent,  or  dealer,  of  such 
sales,  shall  be  rendered  quarterly  to  the  secretary  of  the  board  of  regents 
of  the  University  of  California,  accompanied  by  the  corresponding 
amount  of  special  license  fee  as  above  specified;  provided,  that  when- 
ever the  manufacturer  or  importer  shall  have  paid  the  special  license 
fee  herein  required,  for  any  person  acting  as  agent  or  seller  for  such 
manufacturer  or  importer,  such  agent  or  seller  shall  not  be  required  to 
pay  the  special  license  fee  named  in  this  section.  On  receipt  of  said 
special  license  fee  and  statement,  the  said  secretary  shall  issue  to  the 
manufacturer,  importer,  agent,  or  dealer,  a  certificate  of  compliance  with 
this  section. 

§9.  All  moneys,  whether  received  from  registry  and  analytical  fees 
or  special  license  fees,  shall  be  paid  to  the  secretary  of  the  board  of 
regents  of  the  University  of  California,  for  the  use  of  said  board  in 
carrying   out   the   provisions   of   this   act. 

§10.  Any  party  selling,  offering,  or  exposing  for  sale,  any  commercial 
fertilizer  without  the  statement  required  by  section  1  of  this  act,  or 
with  a  label  stating  that  said  fertilizer  contains  a  larger  percentage  of 
any  one  or  more  of  the  constituents  mentioned  in  said  section   than  is 


B75  PIDDLETOWN— FIRE.  Act8  1162-1169 

actually  contained  therein,  except  as  provided  for  in  section  4,  or  re- 
specting the  sale  of  which  all  the  provisions  of  this  act  have  not  been 
fully  complied  with,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  tliereof  before  any  court  of  competent  jurisdiction,  shall  be 
fined  in  a  sum  not  less  than  fifty  ($50)  dollars  and  costs  of  action  for 
the  first  offense,  and  one  hundred  ($100)  dollars  and  costs  of  the  action 
for  each  subsequent  offense.  Said  fines  to  be  paid  into  the  school  fund 
of  the  county  in  which  conviction  is  had. 

§  11.  In  any  action,  civil  or  criminal,  in  any  court  in  this  state,  a 
certificate  under  the  hand  of  said  director,  and  the  seal  of  said  uni- 
versity, stating  the  results  of  any  analysis,  purporting  to  have  been  made 
under  the  provisions  of  this  act,  shall  be  prima  facie  evidence  of  the 
fact  that  the  sample  or  samples  mentioned  in  said  analysis  or  certificate 
were  properly  analj'zed  as  in  this  act  provided;  that  such  samples  were 
taken  as  in  this  act  provided;  that  the  substances  analyzed  contained 
the  component  parts  stated  in  such  certificate  and  analysis;  and  that  the 
samples  were  taken  from  the  parcels  or  packages  or  lots  mentioned  or 
described  in  said  certificate. 

§  12.  This  act  shall  take  effect  and  be  in  force  from  and  after  July 
first,  nineteen  hundred  and  three. 

TITLE  169. 
FIDDLETOWN. 
ACT  11S2. 

To  prevent  hogs  and'  goats  running  at  large  in.     [Stats.  1873-74,  p.  319.] 
See  §  9,  Stats.  1897,  p.  198;   §  10,  Stats.  1901,  p.  603. 

ACT  1163. 

Name  changed  to  Oleta.     [Stats.  1877-78,  p.  109.] 

TITLE  170. 

FIEB. 
ACT  1168. 

Forest    fires    on    public    lands,    act    to    prevent    destruction    by.     [Stats. 
1871-72,  p.  96.] 
Citations.      Cal.  90/109. 
Compare  §  384,  Penal  Code. 

ACT  1169. 

ro  prevent  the  destruction  by  fire  of  the  property  of  contiguous  owners. 
[Stats.  1891,  p.  473.] 
Citations.      Cal.  109/95. 

This  act  made  it  a  misdemeanor  to  start  a  fire  in  hay,  grain,  stubble,  or  grass 
without  first  taking  certain  precautions. 

Codified   by  §  384a,   which   was   adopted   in    1905,    p.    758,    and   repealed    1907, 
p.  998:   See  Penal  Code,  §  384a,  of  Penal  Code,  1905. 


Act  1173,  §§  1-4  GENERAL  LAWS.  876 

TITLE  171. 
FIRE  DEPARTMENT. 
ACT  1173. 

An  act  to  create  a  firemen's  relief,  health,  and  life  insurance  and  pension 
fund  in  the  several  counties,  cities  and  counties,  cities,  and  towns 
of  the  state. 

[Approved    March    20,    1905.     Stats.    1905,   p.   412.] 

§  1.  The  chairman  of  the  board  of  supervisors  of  the  county,  city  and 
county,  city  or  incorporated  town  in  which  there  is  no  board  of  fire  com- 
missioners, the  treasurer  of  the  county,  city  and  county,  or  incorporated 
town,  and  the  chief  of  the  fire  department,  and  their  successors  in  office, 
are  hereby  constituted  a  board  of  trustees  of  the  firemen's  relief  or  pen- 
sion fund  of  the  fire  department,  to  provide  for  the  disbursement  of  the 
same  and  to  designate  the  beneficiaries  thereof  as  hereinafter  directed, 
which  board  shall  be  known  as  the  "Board  of  Firemen's  Pension  Fund 
Commissioners";  provided,  however,  that  where  there  is  in  any  county, 
city  and  county,  city,  or  town,  a  board  of  fire  commissioners,  then  such 
body  shall  constitute  said  board  of  trustees  of  the  firemen's  relief  and 
pension  fund  of  the  fire  department. 

§2.  They  shall  organize  as  such  board  by  choosing  one  of  their 
number  as  chairman,  and  by  appointing  a  secretary.  The  treasurer  of 
the  county,  city  and  county,  city,  or  town,  shall  be  ex  officio  treasurer  of 
said  fund.  Such  board  of  trustees  shall  have  charge  of  and  administer 
said  fund,  and  to  order  payments  therefrom  in  pursuance  of  the  pro- 
visions of  this  act.  They  shall  report  annually,  in  the  month  of  June, 
to  the  board  of  supervisors,  or  other  governing  authority  of  the  county, 
city  and  county,  city,  or  incorporated  town,  the  condition  of  the  fire- 
men's relief  and  pension  fund,  and  the  receipts  and  disbursements  on 
account  of  the  same,  with  a  full  and  complete  list  of  the  beneficiaries  of 
said  fund  and  the  amounts  paid  them. 

§  3.  Whenever  any  person  at  the  taking  effect  of  this  act,  or  there- 
after shall  have  been  duly  appointed  or  selected  and  sworn,  and  have 
served  for  twenty  years,  or  more,  in  the  aggregate,  as  a  member,  in  any 
capacity  or  any  rank  whatever,  of  the  regularly  constituted  fire  depart- 
ment of  any  such  county,  city  and  county,  city,  or  town  which  may 
hereafter  be  subject  to  the  provisions  of  this  act,  said  board  may,  if  it 
see  fit,  order  and  direct  that  such  person  after  becoming  sixty  years  of 
age  be  retired  from  further  service  in  such  fire  department,  and  from  the 
date  of  the  making  of  such  order  the  service  of  such  person  in  such  fire 
department  shall  cease,  and  such  person  so  retired  shall  thereafter,  dur- 
ing his  lifetime,  be  paid  from  such  a  fund  a  yearly  pension  equal  to 
one-half  of  the  amount  of  salary  attached  to  the  rank  which  he  may 
have  held  in  said  fire  department  for  the  period  of  one  year  next  pre- 
ceding the  date  of  such  retirement, 

§  4.  Whenever  any  person,  while  serving  as  a  fireman  in  any  such 
county,  city  and  county,  city,  or  town,  shall  become  physically  disabled 


377  FIRE   DEPARTMENT.  Act  1173,  §§  5-8 

by  reason  of  any  bodily  injury  received  in  the  immediate  or  direct  per- 
formauce  or  discharge  of  his  duty  as  such  fireman,  said  board  may,  upon 
his  written  request,  or  without  such  request,  if  it  deem  it  to  be  for  the 
good  of  said  fire  department  force,  retire  such  person  from  said  depart- 
ment, and  order  and  direct  that  he  shall  be  paid  from  said  fund,  during 
his  lifetime,  a  yearly  pension  equal  to  one-half  of  the  amount  of  salary 
attached  to  the  rank  which  he  may  have  held  on  such  fire  department 
force  at  the  date  of  such  retirement,  but  on  the  death  of  such  pensioner 
his  heirs  or  assigns  shall  have  no  claim  against  or  upon  such  firemen's 
relief  or  pension  fund;  provided,  that  whenever  such  disability  shall 
cease  such  pension  shall  cease,  and  such  person  shall  be  restored  to 
active  service  at  the  same  salary  he  received  at  the  time  of  his  retire- 
ment. 

§  5.  No  person  shall  be  retired,  as  provided  in  the  next  preceding 
section,  or  receive  any  benefit  from  said  fund,  unless  there  shall  be  filed 
with  said  board  certificates  of  his  disability,  which  certificates  shall  be 
subscribed  and  sworn  to  by  said  person,  and  by  the  county,  city  and 
county,  city,  or  town  physician  (if  there  be  one),  and  two  regularly 
licensed  practicing  physicians  of  such  county,  city  and  county,  city,  or 
town,  and  such  board  may  require  other  evidence  of  disability  before 
ordering  such  retirement  and  payment  as  aforesaid. 

§  6.  WheneA'er  any  member  of  the  fire  department  of  such  county, 
city  and  county,  city,  or  town,  shall  lose  his  life  while  in  the  perform- 
ance of  his  duty,  leaving  a  widow,  or  child  or  children  under  the  age  of 
sixteen  years,  then  upon  satisfactorj^  proof  of  such  facts  made  to  it, 
such  board  shall  order  and  direct  that  a  yearly  pension,  equal  to  one- 
third  the  amount  of  the  salary  attached  to  the  rank  which  such  member 
held  in  said  fire  department  at  the  time  of  his  death,  shall  be  paid  to 
such  widow  during  her  life,  or  if  no  widow,  then  to  the  child  or  children, 
until  they  shall  be  sixteen  years  of  age;  provided,  if  such  w-idow,  or 
child  or  children,  shall  marry,  then  such  person  so  marrying  shall  there- 
after receive  no  further  pension  from  such  fund. 

§7.  Whenever  any  member  of  the  fire  department  of  such  county, 
city  and  county,  city,  or  town,  shall,  after  ten  years  of  service,  die  from 
natural  causes,  then  his  widow  or  children,  or  if  there  be  no  widow  or 
children,  then  his  mother  or  unmarried  sisters,  shall  be  entitled  to  the 
sum  of  one  thousand  dollars  from  such  fund. 

§  8.  Any  person  retired  for  disability  under  this  act  may  be  sum- 
moned before  the  board  herein  provided  for  at  any  time  thereafter,  and 
shall  submit  himself  thereto  for  examination  as  to  his  fitness  for  duty, 
and  shall  abide  the  decision  and  order  of  such  board  with  reference 
tliereto;  and  all  members  of  the  fire  department  force  who  may  be  re- 
tired under  the  provisions  of  this  act  shall  report  to  the  chief  of  the 
fire  department  of  the  county,  city  and  county,  city,  or  town  where  so 
retired,  on  the  first  Mondays  of  April,  July,  October,  and  January  of 
each  year;  and  in  cases  of  great  public  emergency  may  be  assigned  to 


Act  1173,  §§  9-11'  GENERAL  LAWS.  87"} 

and  shall  perform  such  duty  as  said  chief  of  the  fire  department  may 
direct;  and  such  persons  shall  have  no  claim  against  the  county,  city 
and  county,  city,  or  town,  for  payment  for  such  duty  so  performed. 

§9.  When  any  person  who  shall  have  received  any  benefit  from  said 
fund  shall  be  convicted  of  any  felony,  or  shall  become  an  habitual 
drunkard,  or  shall  become  a  nonresident  of  this  state,  or  shall  fail  to 
report  himself  for  examination  for  duty  as  require-d  herein,  unless  ex 
cused  by  the  board,  or  shall  disobey  the  requirements  of  said  board  under 
this  act,  in  respect  to  said  examination  or  duty,  then  such  board  shall 
order  that  such  pension  allowance  as  may  have  been  granted  to  such 
person  shall  immediately  cease,  and  such  person  shall  receive  no  further 
pension,  allowance,  or  benefit  under  this  act. 

§  10.  The  board  herein  provided  for  shall  hold  quarterly  meetings  on 
the  first  Mondays  of  April,  July,  October,  and  January  of  each  year,  and 
upon  the  call  of  its  president;  it  shall  biennially  select  from  its  members 
a  president  and  secretary;  it  shall  issue  warrants,  signed  by  its  presi 
dent  and  secretary,  to  the  persons  entitled  thereto  of  the  amount  of 
money  ordered  paid  to  such  persons  from  such  fund  by  said  board,  which 
warrant  shall  state  for  what  purpose  such  payment  is  to  be  made;  it 
shall  keep  a  record  of  all  its  proceedings,  which  record  shall  be  a  public 
record;  it  shall,  at  each  quarterly  meeting,  send  to  the  treasurer  of  the 
county,  city  and  county,  city,  or  town,  and  to  the  auditor  of  such  county, 
city  and  county,  city,  or  town,  a  written  or  printed  list  of  all  persons 
entitled  to  payment  from  the  fund  herein  provided  for,  stating  the 
amount  of  such  payments  and  for  what  granted,  which  list  shall  be  cer- 
tified to  and  signed  by  the  president  and  secretary  of  such  board, 
attested  under  oath.  The  auditor  shall  thereupon  enter  a  copy  of  said 
list  upon  a  book  to  be  kept  for  that  purpose,  and  which  shall  be  known 
as  "The  firemen's  relief  and  pension  fund  book."  When  such  list  has 
been  entered  by  the  auditor,  he  shall  transmit  the  same  to  the  board  of 
supervisors,  or  other  governing  authority  of  such  county,  city  and  county, 
city,  or  town,  which  board  of  authority  shall  order  the  payment  of  the 
amounts  named  therein  out  of  "The  firemen's  relief  and  pension  fund." 
A  majority  of  all  the  members  of  said  board  herein  provided  for  shall 
constitute  a  quorum,  and  have  power  to  transact  business. 

§  11.  The  board  herein  provided  for  shall,  in  addition  to  other  powers 
herein  granted,  have  power, — • 

First — To  compel  witnesses  to  attend  and  testify  before  it,  upon  all 
matters  connected  with  the  operation  of  this  act,  in  the  same  manner 
as  is  or  may  be  provided  by  law  for  the  taking  of  testimony  before 
notaries  public;  and  its  president,  or  any  member  of  said  board,  may 
administer  oaths  to  such  witnesses. 

Second — To  appoint  a  secretary,  and  to  provide  for  the  payment  from 
said  fund  of  all  its  necessary  expenses  including  secretary  hire  and 
printing;  provided,  that  no  compensation  or  emolument  shall  be  paid 
to  any  member  of  said  board  for  any  duty  required  or  performed  under 
this  act. 


379  FIRE  DEPARTMENT.  Act  1173,  §§  12-14 

Third — To  make  all  needful  rules  and  regulations  for  its  guidance,  in 
conformity  witii  the  provisions  of  this  act. 

§  12.  The  board  of  supervisors,  or  other  governing  authority,  of  any 
county,  city  and  county,  city,  or  town,  shall,  for  the  purposes  of  said 
"firemen's  relief  and  pension  fund"  hereinbefore  mentioned,  direct  the 
])aymcnt  annually,  and  when  the  tax  levy  is  made,  into  said  fund,  of  the 
following  moneys:  — 

First — All  rewards  given  or  paid  to  members  of  such  firemen's  force. 

Second — All  fines  imposed  upon  members  of  the  fire  department  in 
keeping  with  rules  and  regulations  of  the  department. 

Third — The  treasurer  of  any  county,  city  and  county,  city,  or  town, 
shall  retain  from  the  pay  of  each  member  of  the  fire  department  the  sum 
of  two  per  cent  of  each  month's  pay  to  be  forthwith  paid  into  said  fire- 
men's relief  and  pension  fund,  and  no  other  or  further  retention  or 
deduction  shall  be  made  from  such  pay  for  any  other  fund. 

Fourth — One-half  of  all  fines  imposed  and  collected  for  violation  of 
laws  pertaining  to  precaution  against  fire. 

§  13.  Any  firemen's  life  and  health  insurance  fund,  or  any  fund  pro- 
vided by  law,  heretofore  existing  in  any  county,  city  and  county,  city,  or 
town,  for  the  relief  or  pensioning  of  firemen,  or  their  life  or  health  insur- 
ance, or  for  the  payment  of  a  sum  of  money  on  their  death,  shall  be 
merged  with,  paid  into,  and  constitute  a  part  of  the  fund  created  under 
the  provisions  of  this  act;  and  no  person  who  has  resigned  or  been  dis- 
missed from  said  fire  department  shall  be  entitled  to  any  relief  from  such 
fund;  provided,  that  any  person  who,  within  one  year  prior  to  the  pas- 
sage of  this  act,  has  been  dismissed  from  the  fire  department  for  incom- 
petency or  inefficiency,  and  which  incompetency  or  inefficiency  was  caused 
solely  by  sickness  or  disability  contracted  or  suffered  while  in  service  as 
a  member  thereof,  and  who  has,  prior  to  said  dismissal,  served  for  twelve 
or  more  years  as  such  member,  shall  be  entitled  to  all  the  benefits  of 
this  act. 

§  14.  On  the  last  day  of  June  of  each  year,  or  as  soon  thereafter  as 
practicable,  the  auditor  of  such  county,  city  and  county,  city,  or  town, 
shall  make  a  report  to  the  board  of  supervisors,  or  other  governing  au- 
thority of  such  county,  city  and  county,  city,  or  town,  of  all  moneys 
paid  out  on  account  of  said  fund  during  the  previous  year,  and  of  the 
amount  then  to  the  credit  of  the  "firemen's  relief  and  pension  fund," 
and  all  surplus  of  said  fund  then  remaining  in  said  fund  exceeding  the 
average  amount  per  j^ear  paid  out  on  account  of  said  fund  during  the 
three  years  next  preceding,  shall  be  transferred  to  and  become  a  part 
of  the  general  fund  of  every  such  county,  city  and  county,  city,  or  town, 
and  no  longer  under  the  control  of  said  board,  or  subject  to  its  order. 
Payments  provided  for  in  this  act  shall  be  made  quarterly,  upon  proper 
vouchers. 


Acts  1174-1180  GENEHAL  LAWS.  S80 

ACT  1174. 

To  allow  unincorporated  cities  and  towns  to  equip  and  maintain  a  fire 
department.     [Stats.  1881,  p.  26.] 
Amended   1899,  p.   69;    1909,   p.   1028. 

This  act,   as  amended  in  1899  and  1909,   appears  in  full  in  Appendix,   Political 
Code,  p.  1824. 

ACT  1175. 

To  create  a  firemen's  relief,  health,  and  life  insurance,  and  pension  fund 

in  the  several  counties,  cities  and  counties  and  cities  and  towns  of 

this  state.     [Stats.  1901,  p.  101.] 

Amended   1903,  p.   158. 

Probably   superseded  by   act   of   March   20,    1905,    creating   a   firemen's   relief, 
health  and  life  insurance  pension  fund.      See  ante,  Act  1173. 

ACT  1176. 

To  create  an  exempt  firemen's  relief  fund  in  the  several  counties,  cities 
and  counties,  cities  and  towns  of  the  state,  and  relating  to  the  en- 
rollment, formation  into  fire  companies,  and  services  as  firemen   of 
such  exempt  firemen.     [Stats.  1895,  p.  107.] 
Unconstitutional:     Taylor   v.   Mott,   123    Cal.   497.      Superseded    1901,   p.    101. 

ACT  1177. 

To  require  the  payment  of  certain  insurance  premiums  by  fire  insurance 

companies    not    organized    in    California,    to    cities    and    cities    and 

counties.     [Stats.  1885,  p.  13.] 

Amended   1887,  p.   15. 

Unconstitutional:     San  Francisco  v.  Insurance  Co.,   74  Cal.   113. 

The  moneys  collected  under  this  act  were  for  the  benefit  of  the  firemen's  re- 
lief fund. 

ACT  1178; 

Authorizing  boards  of  supervisors  to  provide  pensions  for  the  relief  of 
aged,  infirm,  and  disabled  firemen.     [Stats.   1889,  p.   108.] 

Amended  1901,   p.   575. 

Citations.     Cal.  123/499. 

This  act  appears  in  full  in  Appendix,  Political  Code,  p.  1830. 

ACT  1179. 

Authorizing   and   requiring  boards   or   commissions   having   the   manage- 
ment  and  control  of   paid  fire   departments,   to   grant   the   members 
thereof  yearly  vacations.     [Stats.  1895,  p.  76.] 
Amended  1899,   p.  57;   1905,  p.  39. 
Citations.     App.  4/238. 
This   act  appears  in   full  in  Appendix,  Political  Code,  p.  1830. 

ACT  1180. 

Kelating  to   salaries  of  offieers  of  fire  departments  in   municipalities   of 
the  first  class.     [Stats.  1897,  p.  54.] 
Unconstitutional:     Popper  v.   Broderick,    123   Cal.   456. 


381  FIRE  DISTRICTS.  Acts  1181-1184 

ACT  1181. 

Kelating   to   fire   departments   of    municipalities    of   tbe   first   class,    and 
fixing  the   salaries  of  officers  thereof.     [Stats.   1897,  p.   192.] 
Apparently  unconstitutional  under  the  rule  announced  in  Popper  v.  Broderick, 
123   Cal.  456. 

This   act   appears   in   full  in   Appendix,  Politiral  Code,  p.  1833. 

ACT  1182. 

To  provide  for  increasing  the  efficiency  of  fire  departments  within  mu- 
nicipalities  of   the   first   class    in   the    state    of    California.     [Stats. 
1897,  p.  61.] 
This  act  appears  in  full  in  Appendix,  Political  Codr,  p.  1831. 

TITLE  172. 
FIRE  DISTRICTS. 
ACT  1184. 

An  act  to  provide  for  the  disincorporation  and  discontinuance  of  fire 
districts  where  the  same  become  wholly  or  partly  within  the  cor- 
porate limits  of  a  town  or  city,  incorporated  subsequently  to  the 
organization  thereof,  and  providing  for  the  disposal  of  the  property 
of  such  districts. 

[Approved  March  20,  1909.     Stats.  1909,  p.  576.] 

§  1.  Whenever  the  territory  comprising  a  fire  district  organized  un- 
der the  laws  of  this  state,  governing  the  organization  and  establishment 
of  fire  districts  and  fire  departments  in  unincorporated  towns  or  villages 
in  this  state,  shall  be  wholly  within,  or  be  identical  with  the  corporate 
limits  of  a  town  or  city,  which  shall  have  become  incorporated  as  a 
municipality,  after  said  fire  district  was  organized  and  established,  the 
board  of  supervisors  of  any  county  in  which  any  such  fire  district  shall 
have  been  or  may  be  hereafter  established  at  any  time,  upon  the  written 
verified  petition  of  the  inhabitants  of  any  such  fire  district,  whose 
names  appear  upon  the  last  preceding  assessment-roll  of  the  county,  town 
or  city  within  which  said  fire  district  is  located,  owning  or  representing 
more  than  one-half  in  value  of  the  assessed  .real  property  of  such  fire 
district,  or  owning  or  representing  more  than  one-half  in  value  of  the 
assessed  real  property  in  such  fire  district  owned  by  the  residents  thereof, 
may,  by  a  resolution  adopted  and  entered  in  their  minutes,  discontinue 
such  fire  district,  and  declare  the  same  to  be  disincorporated;  and  upon 
such  action  being  taken  by  said  board  of  supervisors,  the  board  of  fire 
commissioners  of  such  fire  district,  shall  turn  over  to  any  fire  depart- 
ment organized  by  the  board  of  trustees  of  said  town  or  city,  or  to  the 
board  of  trustees  of  said  town  or  city,  all  the  property  of  such  fire 
district  or  fire  department;  such  town  or  city  to  pay  all  the  debts  of 
said  fire  district,  and  department,  and  thereupon  said  fire  district  shall 
be  discontinued  and  disincorporated. 

§  2.  "Whenever  any  portion  of  the  territory  of  any  fire  district  hereto- 
fore  or   hereafter   established   shall   be   incorporated   into    the   corporate 


Acts  1188,  1193  GENERAL  LAWS.  383 

limits  of  any  incorporated  town  or  city,  the  board  of  supervisors  of  the 
county  in  which  such  fire  district  is  located,  upon  the  written  verified 
petition  of  the  inhabitants  of  such  incorporated  portion  of  such  fire  dis- 
trict, whose  names  appear  upon  the  last  preceding  assessment-roll  of  the 
county,  city  or  town  within  which  said  incorporated  portion  of  said  fire 
district  is  located,  owning  or  representing  more  than  one-half  in  value 
of  the  assessed  real  property  in  such  incorporated  portion  of  such  fire 
district;  or  owning  or  representing  more  than  one-half  in  value  of  the 
assessed  real  property  within  such  incorporated  portion  of  such  fire  dis- 
trict owned  by  the  residents  thereof,  shall  by  a  resolution  duly  adopted 
and  entered  in  their  minutes,  change  the  boundaries  of  such  fire  dis- 
trict, in  such  manner  as  shall  exclude  such  incorporated  portion  from 
such  fire  district,  and  thereafter  such  incorporated  portion  of  such  fire 
district,  shall  cease  to  be  a  portion  of  said  fire  district,  and  shall  not 
be  entitled  to  the  protection  of,  nor  liable  to  be  assessed  or  taxed  for 
the  support  and  maintenance  of  the  fire  department  of  such  fire  district. 

§  3.  A  certified  copy  of  any  resolution  of  said  board  of  supervisors, 
c'iscontinuing,  and  disincorporating  such  fire  district  or  excluding  a 
portion  therefrom,  or  changing  the  boundaries  thereof,  after  being 
tdopted,  and  duly  signed  by  the  chairman  of  said  board  and  the  clerk 
thereof,  and  the  seal  of  said  board  affixed  thereto,  and  duly  certified  to 
by  the  clerk  of  said  board,  shall  within  ten  days  after  the  adoption 
thereof  by  said  board,  be  filed  by  the  clerk  of  said  board  in  the  office 
of  the  county  recorder  of  the  said  county  in  which  said  fire  district  is 
located,  and  the  said  recorder  shall  record  the  same,  but  shall  not  make 
any  charge  or  collect  any  fees  for  filing  or  recording  the  same. 

§  4.  This  act  shall  take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

TITLE  173. 
FIRE  PATROL. 
ACT  1188. 

Underwriters,  authorizing  the  establishment  of  the  fire  patrol  by.     [Stats. 
1875-76,  p.  689.] 
Amended   1897,   p.  223. 
Codified  by  §§  453a-453c  "of   Civil   Code. 

TITLE  174. 
FISCAL  YEAR. 
ACT  1193. 

Providing  for  changing  the  fiscal  year  of  cities  in  this  state  operating 
under  a  charter  framed  under  section  8,  article  11,  of  the  constitu- 
tion.    [Stats.  1895,  p.  128.] 

FISH  AND  GAME. 
See  "Game  Laws." 


883  FISH  COMMISSIONERS— FORESTRY.  Acts  1198-1215 

FISH  COMMISSIONEES. 
See  "Game  Laws." 

TITLE  175. 
FLAG. 
ACT  1198. 

To  prohibit  the  desecration  of  the  flag  of  the  United  States,  and  provide 
a  punishment  therefor.     [Stats.  1899,  p.  46.] 

TITLE  176. 
FOLSOM. 
ACT  1203. 

To  prevent  goats  from  running  at  large  in.     [Stats.  1875-76,  p.  385.] 
Repealed  in  1897,  p.  198.      See  1901,  p.  603. 

TITLE  177. 
FORCIBLE  ENTRY. 
ACT  1208. 

Concerning    forcible    entries    and    unlawful    detainers.     [Stats.    1863,    p. 
652.] 
Amended    1871-72,   p.  318. 

Citations.      Cal.  41/361;    44/195;    51/182,    184. 

Effect  of   code  on:    See   Norblett  v.   Farwell,   38   Cal.   155;   Hemstreet  v.   Was- 
Bum,  49  Cal.  273. 

TITLE  178. 
FORECLOSURE. 
ACT  1213. 

Foreclosure  suits,  abolishing  attorneys'  fees  in.     [Stats.  1873-74,  p.  707.] 
This  act   appears   in   full  in  Appendix,   Code  of  Civil  Procedure,   p.   1968.    It   is 
provided   that  the   fees   of  attorneys  should  be  fixed  by  the  court,   notwithstand- 
ing a   stipulation   in   the   mortgage   to   the   contrary. 

Citations.     Cal.  55/51;    60/483;    62/393;    72/570;    84/207;    119/309;    128/ 
557. 

TITLE  179. 
FORESTRY. 
See    "Agriculture";    "Fruit-Trees   and  Vines";    "Horticulture";    "Viticulture"; 
"Silk  Culture." 

ACT  1215. 

An  act  to  create  a  fund  to  be  known  as  the  United  States  forest  re- 
serve fund  and  to  provide  for  the  payment  out  of  such  fund  to  the 
treasuries  of  the  several  counties  entitled  thereto  of  certain  moneys 
received  from  the  government  of  the  United  States,  and  also  to 
regulate  the  manner  of  expenditure  by  the  counties  of  the  moneys 
Bo  paid.  [Approved  March  18,  1907.  Stats.  1907,  p.  346.] 
Amended  1909,  p.  550. 


Act  1216,  §§  1, 2  GENERAL  I AWS.  884 

ACT  1216. 

An  act  to  provide  for  the  regulation  of  fires  on,  and  the  protection  and 
management  of,  public  and  private  forest  lands  within  the  state  of 
California,  creating  a  state  board  of  forestry  and  certain  officers 
subordinate  to  said  board,  prescribing  the  duties  of  such  officers, 
creating  a  forestry  fund,  and  appropriating  the  moneys  in  said  fund, 
and  defining  and  providing  for  the  punishment  of  certain  offenses 
for  violations  of  the  provisions  of  this  act,  and  making  an  appro- 
priation therefor. 

[Approved  March  18,  1905.     Stats.  1905,  p.  235.] 
"Cf.  §§  14  and   15   with   Penal   Code,  §§  384,  384a,  384b    (1905,   pp.    757,    758). 
See,    also,  §331/2,    added   to    County    Government    Act    of    1897    (1905,    p.    394), 
and   Civil   Code,  §  3346a,   as   adopted   iu   1905    (1905,   p.    621)." — Code   Commis- 
sioners' Note. 

§  1.  State  board  of  forestry. — There  shall  be  a  state  board  of  forestry, 
consisting  of  the  governor,  secretary  of  state,  attorney  general  and  state 
forester,  which  shall  supervise  all  matters  of  state  forest  policy  and 
management  and  convene  upon  the  call  of  the  governor  or  of  its  sec- 
retary, 

§  2.  State  forester  and  his  duties. — There  shall  be  a  state  forester,  who 
shall  be  a  civil  executive  officer,  and  who  shall  be  a  technically  trained 
forester,  appointed  by  the  governor  to  hold  office  at  the  pleasure  of  the 
appointing  power;  and  whether  any  candidate  for  the  position  is  a 
technically  trained  forester  shall  be  determined  by  certificate  from  the 
secretary  of  the  United  States  Department  of  Agriculture,  or  from  the 
Department  of  Forestry  of  the  State  University  after  such  department 
is  established.  He  shall  receive  a  salary  of  twenty-four  hundred  dollars 
per  annum,  and  shall  be  authorized  and  empowered  to  appoint  two 
assistant  foresters,  whose  salaries  shall  not  exceed  twelve  hundred  dol- 
lars each  per  annum.  He  shall  maintain  headquarters  at  the  state  capi- 
tol  in  an  office  provided  by  the  secretary  of  state,  and  shall  be  allowed 
necessary  office  and  contingent  expenses.  He  and  his  assistants  shall  be 
paid  reasonable  traveling  and  field  expenses  which  may  be  incurred  in 
the  necessary  performance  of  their  official  duties.  He  shall  act  as  secre- 
tary of  the  state  board  of  forestry.  He  shall,  under  the  supervision  of 
the  state  board  of  forestry,  execute  all  matters  pertaining  to  forestry 
within  the  jurisdiction  of  the  state;  have  charge  of  all  fire  wardens  in 
the  state,  and  direct  and  aid  them  in  their  duties;  direct  the  protection 
and  improvement  of  state  parks  and  forests;  collect  data  relative  to 
forest  destruction  and  conditions;  take  such  action  as  is  authorized  by 
law  to  prevent  and  extinguish  forest,  brush  and  grass  fires;  enforce  all 
laws  pertaining  to  forest  and  brush-covered  land,  and  prosecute  for  any 
violation  of  such  laws;  co-operate  with  land  owners,  as  described  in 
section  4  of  this  act;  and  publish  from  time  to  time  such  information  of 
forestry  as  he  may  deem  wise.  He  shall  prepare  annually  a  report  to 
the   governor  on  the  progress  and  condition   of  state  forest  work,  and 


3 35  FORESTRY.  Act  1216,  §§  3-7 

loeommend  therein  plans  for  improving  the  state  system  of  forest  pro- 
tection, management  and  replacement. 

§  3.  Supervision  and  care  of  state  paries. — The  California  Eedwood  Park 
and  the  Mt.  Hamilton  tract,  together  with  all  moneys  heretofore  or 
hereafter  appropriated  for  the  purchase  of  land  for  or  care  of  said 
parks,  tracts  and  stations,  shall  be  in  charge  of  the  state  board  of 
forestry,  said  board  to  take  place  of  and  forthwith  shall  have  all  the 
powers  and  duties  now  possessed  in  accordance  with  law  by  persons  or 
commissions  with  regard  to  the  slate  parks,  tracts  of  land,  and  forest 
stations  mentioned  in  this  act,  and  also  any  forest  or  brush  land  which 
may  hereafter  become  state  property,  or  be  placed  definitely  in  the  care 
of  the  state;  and  it  is  herebj^  further  enacted  that,  if  the  government  of 
the  United  States  or  any  individual  or  corporation  shall,  at  any  time, 
donate  or  entrust  to  the  state  of  California,  for  state  park  or  state  forest 
reserve  purposes,  any  tract  or  tracts  of  wholly  or  partially  wooded 
land,  such  tract  or  tracts  of  land  shall  be  administered  at  the  expense 
of  the  state,  as  provided  by  law. 

§  4.  Co-operative  worl: — The  state  forester  shall,  upon  request  and 
whenever  he  deems  it  essential  to  the  best  interests  of  the  people  and 
the  state,  co-operate  with  counties,  towns,  corporations  and  individuals 
in  preparing  plans  for  the  protection,  management  and  replacement  of 
trees,  woodlots  and  timber  tracts,  on  consideration  and  under  an  agree- 
ment that  the  parties  obtaining  such  assistance  pay  at  least  the  field 
expenses  of  the  men  employed  in  preparing  said  plans. 

§  5.  Publication  of  laws  and  notices. — The  state  forester  shall  prepare 
and  print  for  public  distribution,  an  abstract  of  all  the  forest  laws  of 
California,  together  with  such  rules  and  regulations  in  accord  therewith 
as  he  may  deem  necessary,  and  shall  annually  print  and  distribute  a  list 
of  all  fire  wardens  with  their  addresses,  all  such  matters  to  be  published 
with  the  approval  of  the  state  board  of  forestry.  He  shall  also  furnish 
notices,  printed  in  large  letters  on  cloth,  calling  attention  to  the  danger 
from  forest  fires  and  to  forest  fire  and  trespass  laws  and  their  penal- 
ties. Such  notices  shall  be  posted  by  the  fire-wardens  in  conspicuous 
places  along  every  highway  in  brush  and  forest  covered  country,  at 
frequent  intervals  along  streams  and  lakes  frequented  by  tourists,  hunt- 
ers or  fishermen,  at  established  camping  sites,  and  in  every  postofficc  in 
the  forested  region. 

§  6.  Fire  districts. — The  state  forester  shall  divide  the  state  into  such 
number  of  fire  districts  as  shall  be  deemed  by  him  most  necessary  to 
the  efficiency  of  his  work;  and,  furthermore,  any  county,  or  combination 
of  less  than  four  counties,  shall  be  made  a  separate  fire  district,  upon 
request  of  the  county  board  or  board  of  supervisors,  in  which  case  such 
special  fire  district  shall  pay  the  cost  of  maintaining  its  district  fire- 
warden. 

§7.     Duties  of  assistant  foresters. — The  duties  of  the  assistant  foresters 
shall  be  to  devote  their  entire  time  to  state  forest  interests  according 
Gen.  Laws — 25 


Act  1216,  §§  8-11  GENERAL  LAWS.  886 

to  rules  and  directions  to  be  determined  by  the  state  forester,  with  the 
approval  of  the  state  board  of  forestry.  They  shall  take  prompt  meas- 
ures to  prevent  and  extinguish  forest  fires;  keep  a  record  of  the  cause, 
extent  and  damage  of  all  forest  fires  in  their  respective  districts,  and 
perform  such  other  duties  as  the  state  forester  may  direct. 

§  8.  Voluntary  fire-wardens  and  their  duties. — The  state  forester  shall 
appoint,  in  such  number  and  localities  as  he  deems  vrise,  public-spirited 
citizens  to  act  as  voluntary  fire-wardens,  who  may  receive  payment  for 
their  services  from  the  counties  or  from  private  sources.  They  .shall 
promptly  report  all  fires  and  take  immediate  and  active  steps  toward 
their  extinguishment,  report  any  violation  of  the  forest  laws,  assist  in 
apprehending  and  convicting  offenders,  and  perform  such  other  duties 
as  the  state  forester  may  direct.  The  supervisors  and  rangers  on  the 
federal  forest  reserve  within  the  state,  whenever  they  formally  accept 
the  duties  and  responsibilities  of  fire-wardens,  may  be  appointed  as  vol- 
untary fire-wardens,  and  shall  have  all  the  powers  given  to  fire-wardens 
by  this  act. 

§  9.  Powers  and  requirements  of  fire-wardens. — The  state  forester  and 
all  fire-wardens  shall  have  the  powers  of  peace  officers  to  make  arrests 
without  warrant,  for  violations  of  any  state  or  federal  forest  laws,  and 
no  fire-warden  shall  be  liable  to  civil  action  for  trespass  committed  in 
the  discharge  of  his  duties.  Any  fire-warden  who  has  information  which 
would  show,  with  reasonable  certainty  that  any  person  had  violated  any 
provision  of  such  forest  laws,  shall  immediately  take  action  against  the 
offender,  either  by  using  his  own  powers  as  a  peace  officer,  or  by  making 
complaint  before  the  proper  magistrate,  or  by  information  to  the  proper 
district  attorney,  and  shall  obtain  all  possible  evidence  pertaining  there- 
to. Failure  on  Wie  part  of  any  paid  fire-warden  to  comply  with  the 
duties  prescribed  by  this  act  shall  be  a  misdemeanor,  and  punishable 
by  a  fine  of  not  less  than  twenty  dollars,  nor  more  than  two  hundred 
and  fifty  dollars,  or  imprisonment  for  not  less  than  ten  days  nor  more 
than  three  months,  or  both  such  fine  and  imprisonment  and  the  state 
forester  is  hereby  authorized  to  investigate  and  prosecute  such  violations. 

§  10.  Assistance  of  citizens  in  fighting  fires. — All  fire-wardens  shall  have 
authority  to  call  upon  able-bodied  citizens  between  the  ages  of  sixteen 
and  fifty  years,  for  assistance  in  putting  out  fires,  and  any  such  person 
who  refuses  to  obey  such  summons,  unless  prevented  by  good  and  suf- 
ficient reasons,  is  guilty  of  a  misdemeanor,  and  must  be  fined  in  a  sum 
not  less  than  fifteen  dollars,  nor  more  than  fifty  dollars,  or  imprison- 
ment in  the  county  jail  of  the  county  in  which  such  conviction  shall  be 
had,  not  less  than  ten  days,  nor  more  than  thirty  days,  or  both  such  fine 
and  imprisonment;  provided,  that  no  citizen  shall  be  called  upon  to 
fight  fire  a  total  of  more  than  five  days  in  any  one  year. 

§  11.  Fire  patrol. — In  times  and  localities  of  particular  fire  danger  the 
state  forester  may  maintain  a  fire  patrol  through  the  fire-wardens,  at 
Buch  places  in  brush  or  forest  land  as  the  public  interest  may  require, 


387  FORESTRY,  Act  1216,  §§  12-15 

the  expense  of  such  patrol  to  be  paid  by  the  county  in  which  such 
patrol  is  maintained;  and,  furthermore,  he  may,  upon  written  request 
by  counties,  corporations  or  individuals,  maintain  a  fire  patrol  on  their 
forest  lands,  provided,  that  the  expense  of  said  patrol  be  paid  by  the 
party  or  parties  requesting  same. 

§  12.  District  attorneys  to  prosecute  vigorously. — Whenever  an  arrest 
shall  have  been  made  for  violation  of  any  provision  of  this  act,  or  when- 
ever any  information  of  such  violation  shall  have  been  lodged  with  him, 
the  district  attorney  of  the  county  in  which  the  criminal  act  was  com- 
mitted must  prosecute  the  offender  or  offenders  with  all  diligence  and 
energy.  If  any  district  attorney  shall  fail  to  comply  with  the  pro- 
visions of  this  section  he  shall  be  guilty  of  a  misdemeanor,  and,  upon 
conviction,  shall  be  fined  not  less  than  one  hundred  dollars  nor  more 
than  one  thousand  dollars  in  the  discretion  of  the  court.  Action  against 
the  district  attorney  shall  be  brought  by  the  attorney  general  in  the 
name  of  the  people  of  the  state  on  the  relation  of  the  state  forester. 
The  penalties  of  this  section  shall  apply  to  any  magistrate  with  proper 
authority,  who  refuses  or  neglects  to  cause  the  arrest  and  prosecution  of 
any  person  or  persons  when  complaint,  under  oath,  of  violation  of  any 
terms  of  this  act  has  been  lodged  with  him. 

§  13.  Destruction  of  warning  notices. — Any  person  who  shall  destroy, 
deface,  remove  or  disfigure  any  sign,  poster  or  warning  notice  posted 
under  the  provisions  of  this  act  shall  be  guilty  of  a  misdemeanor  and 
punishable,  upon  conviction,  by  a  fine  of  not  less  than  fifteen  dollars 
nor  more  than  one  hundred  dollars,  or  imprisonment  in  the  county  jail 
for  a  period  of  not  less  than  ten  days  nor  more  than  three  months,  or 
both  such  fine  and  imprisonment. 

§  14.  Willfully,  maliciously  and  negligently  setting  forest  fires. — Every 
person  who  willfullj^,  maliciously  or  negligently  sets  on  fire  or  causes  or 
procures  to  be  set  on  fire  any  woods,  brush,  prairies,  grass,  grain  or  stub- 
ble on  any  lands  not  his  own,  or  allows  the  fire  to  escape  from  his  own 
land,  whereby  any  property  of  another  is  injured  or  destroyed,  or  acci- 
dentally sets  any  such  fire  or  allows  it  to  escape  from  his  control  with- 
out extinguishing  it  or  using  every  effort  to  extinguish  it,  shall  be  guilty 
of  a  misdemeanor,  and  upon  conviction  is  punishable  by  a  fine  of  not 
less  than  fifty  dollars,  nor  more  than  one  thousand  dollars,  or  imprison- 
ment for  not  less  than  thirty  days,  nor  more  than  one  year,  or  both 
such  fine  and  imprisonment.  Setting  such  fires  or  allowing  them  to 
escape  shall  be  prima  facie  proof  of  willfulness,  malice  or  neglect  under 
this  section,  provided,  that  nothing  herein  contained  shall  apply  to  a 
person  who,  in  good  faith,  sets  a  back-fire  to  check  a  fire  already  burn- 
ing. 

§  15.  Extinguishment  of  camp-pres. — Every  person  who  upon  departing 
from  a  camp  or  camping  place,  leaves  fire  burning  or  unextinguished,  or 
who  after  building  such  fire  allows  it  to  spread,  shall  be  guilty  of  a 
misdemeanor  and  punishable  by  a  fine  of  not  less  than  fifty  dollars  nor 


Act  1216,  §§  16-18  GENERAL    LAWS.  388 

more  than  five  hundred  dollars,  with  costs  of  suit  and  collection,  one- 
half  of  such  fine  or  such  a  portion  thereof  as  shall  not  exceed  fifty 
dollars,  to  be  paid  to  the  person  securing  the  arrest  and  conviction  of 
such  offender,  and  if  the  defendant  refuses  or  neglects  to  pay  the  fine 
and  costs  imposed,  he  shall  be  confined  in  the  county  jail  of  the  county 
in  which  conviction  shall  be  had,  for  a  period  not  to  exceed  one  day  for 
every  two  dollars  of  the  fine  imposed,  or  may  be  subject  to  both  such 
fine  and  imprisonment. 

§  16.  Bestriction  of  use  of  fire  in  dry  season. — It  shall  be  unlawful 
during  what  is  locally  known  as  the  "dry  season,"  this  to  be  considered 
as  the  period  between  May  fifteenth  and  the  first  soaking  rains  of 
autumn  or  winter,  for  any  person  or  persons  to  burn  brush,  stumps,  logs, 
fallen  timber,  fallows,  grass  or  forest-covered  land,  or  blast  wood  with 
dynamite,  powder  or  other  explosives,  or  set  off  fire-works  of  any  kind 
in  forest  or  brush-covered  land,  either  their  own  or  the  property  of  an- 
other, without  v/ritten  permission  of  and  under  the  direction  or  super- 
vision of  a  fire-warden  in  that  district;  these  restrictions  not  to  apply 
to  the  ordinary  use  of  fire  or  blasts  in  logging  redwood,  nor  in  cases 
where  back-fires  are  set  in  good  faith  to  stop  an  existing  fire.  Violation 
of  these  provisions  shall  be  a  misdemeanor,  punishable,  upon  conviction, 
by  a  fine  of  not  less  than  fifty  dollars,  nor  more  than  one  thousand 
dollars,  or  imprisonment  not  less  than  thirty  days  nor  more  than  one 
year,  or  both  such  fines  and  imprisonment. 

§  17.  Engines  in  forest  land. — Logging,  locomotives,  donkey  or  thresh- 
ing engines,  and  other  engines  and  boilers  operated  in,  through  or  near 
forests,  brush  or  grass  land,  which  do  not  burn  oil  as  fuel,  shall  be  pro- 
vided with  appliances  to  prevent  the  escape  of  fire  and  sparks  from  the 
smoke-stacks  thereof,  and  with  devices  to  prevent  the  escape  of  fire 
from  ash-pans  and  fire-boxes.  Failure  to  comply  with  these  require- 
ments shall  be  a  misdemeanor,  punishable,  upon  conviction,  by  a  fine  of 
not  less  than  one  hundred  dollars  nor  more  than  fiv&  hundred  dollars, 
and  any  person  violating  any  provisions  of  this  section  shall  be  liable 
to  a  penalty  of  not  less  than  fifty  dollars  nor  more  than  one  hundred 
dollars,  for  every  such  violation,  or  imprisonment  for  not  less  than  thirty 
days  nor  more  than  three  months,  or  both  such  fine  and  imprisonment. 

§  18.  Civil  liability  for  forest  fires. — In  addition  to  the  penalties  pro- 
vided in  sections  14,  15,  16  and  17,  of  this  act,  the  United  States,  state, 
county,  or  private  owners,  whose  property  is  injured  or  destroyed  by 
such  fires,  may  recover,  in  a  civil  action,  double  the  amount  of  damages 
suffered  if  the  fires  occurred  through  willfulness,  malice  or  negligence; 
but  if  such  fires  were  caused  or  escaped  accidentally  or  unavoidably, 
civil  action  shall  lie  only  for  the  actual  damage  sustained  as  determined 
by  the  value  of  the  property  injured  or  destroyed,  and  the  detriment  to 
the  land  and  vegetation  thereof.  The  presumption  of  willfulness,  malice 
or  neglect  shall  be  overcome,  provided,  that  the  precautions  set  forth  in 
section  17  are  observed;  or,  provided,  under  section  16,  fires  are  set 
during   the    "dry    season"    with   written    permission    of    and    under    the 


J 


S09  FORESTRY.  Act  1217 

direelion  of  the  district  fire-warden.  Persons  or  corporations  causing 
fires  by  violations  of  sections  14,  15,  16  and  17  of  this  act  shall  be  liable 
to  the  state  or  county  in  action  for  debt,  to  the  full  amount  of  all  ex- 
penses incurred  by  the  state  or  county  in  fighting  such  fires. 

§  19.  Clearing  along  county  roads  and  land  after  lumhcring. — Counties, 
along  the  county  roads,  in  forest  or  brush  land,  shall,  when  so  directed 
by  the  state  forester,  and  in  a  manner  and  to  an  extent  proscribed  by 
him,  cut  and  remove  all  brush,  grass  and  inllammable  material  from  their 
rights  of  way.  If  such  clearing  is  not  done  within  a  rca?onable  time 
after  notice,  said  time  to  be  fixed  by  the  state  forester,  the  state  for- 
ester shall  have  it  done  and  the  county  shall  be  liable  to  the  state  in 
an  action  for  debt  to  the  amount  of  the  expense  thus  incurred,  and  in 
addition  thereto  for  the  expense  of  any  fire  patrol  rendered  necessary 
by  such  delay.  It  is  provided,  further,  that  all  lumber  companies,  cor- 
porations, or  individuals  shall,  when  so  instructed  by  the  state  board 
of  forestry,  and  at  a  time  and  in  a  manner  prescribed  by  said  board, 
carefully  burn  their  slashings,  by  which  is  meant  the  tops,  limbs,  and 
general  debris  left  after  lumbering. 

§  20.  Disposals  of  moneys  received  as  penalties. — All  moneys  received  as 
penalties  for  violations  of  the  provisions  of  this  act,  less  the  cost  of 
collection,  and  not  otherwise  provided  for,  shall  be  paid  into  the  state 
treasury  to  the  credit  of  the  forestry  fund,  which  fund  is  hereby  cre- 
ated, and  the  moneys  therein  are  hereby  appropriated  for  purposes  of 
forest  protection,  management  and  replacement  under  direction  of  the 
state  board  of  forestry. 

§  21.  Moneys  for  forest  purposes. — County  boards  of  supervisors  may 
appropriate  money  for  purposes  of  forest  protection,  improvement  and 
management. 

§  22.  Payment  of  expenses  under  thi^  act. — There  is  hereby  appropri- 
ated for  the  fifty-seventh  and  fifty-eighth  fiscal  years,  the  sum  of  seven- 
teen thousand  six  hundred  dollars  .($17,600)  for  carrying  out  the  pro- 
visions of  this  act,  and  for  the  payment  of  all  salaries  and  expenses 
herein  provided  for. 

§  23.  All  acts  or  parts  of  acts  inconsistent  with  the  provisions  of  this 
act  are  hereby  repealed. 

ACT  1217. 

An  act  to  appropriate  one  hundred  thousand  dollars  from  any  moneys 
hereafter  collected  and  received  by  the  state  of  California  from  the 
United  States  in  payment  of  the  claims  of  this  state  arising  out  of 
the  Indian  and  civil  wars,  to  be  expended  in  the  acquisition,  pres- 
ervation, and  protection  of  the  forests  of  this  state;  creating  the 
state  board  of  examiners  a  commission  to  carry  this  act  into  effect 
and  for  the  disbursement  of  said  moneys,  and  creating  the  "state 
forestry  fund."     [Stats.  IflOo,  p.  183.] 


Acts  1218-1228  GENERAL  LAWS.  890 

ACT  1218. 

To  create  a  state  board   of  forestry,  and  to  provide  for  the  expenses 
thereof.     [Approved  March  3,  1885.     Stats.   1885,  p.   10.] 
Repealed   1893,  p.   229. 

ACT  1219. 

To  enlarge  the  powers  of  the  state  board  of  forestry,  and  to  provide  for 
the  expenses  of  said  board.  [Approved  March  7,  1887.  Stats.  1887, 
p.  46.] 

This  act  was  not  in  terms  repealed  by  the  body  of  the  act  of  March  23,  1893, 
p.  229,  although  its  title  purported  to  repeal  the  act,  but  it  probably  fell  with 
the  repeal  of  the  act  on  which  it  was  based. 

ACT  1220. 

An  act  to  provide  for  the  reforestation,  the  cutting  of  fire  lanes  and 
fire  trails  on  the  San  Bernardino  forest  reserve,  and  to  make  an 
appropriation  therefor.  [Approved  March  11,  1907.  Stats.  1907,  p. 
200.] 

ACT  1221. 

An  act  to  provide  for  the  reforestation,  the  cutting  of  fire  lanes  and  fire 
trails  on  the  San  Bernardino  forest  reserve,  and  to  make  au  appro- 
priation therefor.     [Approved  April  14,  1909.     Stats.  1909,  p.  868.] 

ACT  1222. 

An  act  to  fix  the  salaries  of  the  state  forester,  deputy  forester  and  as- 
sistant forester. 
[Approved  March  22,  1909.     Stats.  1909,  p.  669.] 

§  1.  The  salary  of  the  state  forester  shall  be  three  thousand  dollars 
per  annum,  that  of  the  deputy  forester  eighteen  hundred  dollars  per 
annum,  and  that  of  the  assistant  forester  sixteen  hundred  dollars  per 
annum,  all  such  salaries  to  be  paid  as  the  salaries  of  other  state  officers 
are  paid. 

§  2.  All  acts  and  parts  of  acts  inconsistent  with  this  act  are  hereby 
repealed. 

TITLE  180. 
FORT  JONES. 
ACT  1225. 

Incorporation  of.     [Stats.  1871-72,  p.  387.] 

TITLE  181. 
FRANCHISES. 
ACT  1228, 

An  act  providing  for  the  cancellation  of  bonds  given  to  secure  the  per- 
formance of  the  terms  and  conditions  of  franchises  or  privileges 
granted  by  the   legislative  or   other  governing  body   of  counties  or 


391  FRANCHISES.  Act  1229 

municipalities,  the  release   of  the  sureties  on  such  tends,  and  the 
filing  and  acceptance  of  new  bonds  in  lieu  thereof. 

[Approved  March  20,  1907.     Stats.  1907,  p.  747.] 

§  1.  That  in  all  cases  where  a  bond  or  bonds  have  been  given  to 
secure  the  observance,  fulfillment  and  performance  of  each  and  every 
term  or  condition,  terms  or  conditions,  or  any  thereof,  of  a  franchise 
or  privilege  granted  by  a  board  of  supervisors,  board  of  trustees  or  com- 
mon council,  or  other  governing  or  legislative  body  of  any  county,  city 
and  county,  city  or  town  within  this  state,  the  governing  or  legislative 
body  of  such  county,  city  and  county,  city  or  town  may,  upon  the  peti- 
tion of  the  owner  of  said  franchise  or  privilege,  or  upon  the  petition  of 
the  sureties  on  said  bond  or  bonds,  or  upon  the  petition  of  any  one  or 
more  of  said  sureties,  cancel  and  annul  said  bond  or  bonds,  and  release 
the  sureties  thereon  from  any  future  liability,  and  accept  and  take  in 
lieu  thereof  a  new  bond  or  bonds  to  be  approved  by  the  governing  or 
legislative  body  of  such  county,  city  and  county,  city  or  town,  in  the 
same  penal  sum  and  containing  the  same  terms  and  conditions  as  the 
bond  or  bonds  so  canceled  and  annulled;  which  new  bond  or  bonds  must 
be  executed  by  the  owner  of  said  franchise  or  privilege  and  by  new 
sureties  satisfactory  to  the  governing  or  legislative  body  of  such  county, 
city  and  county,  city  or  town;  provided,  that  any  person,  firm  or  cor- 
poration who  acted  as  surety  on  the  old  bond  or  bonds  so  canceled  and 
-annulled  may  act  as  surety  on  the  new  bond  or  bonds,  if  the  same  be 
satisfactory  to  the  governing  or  legislative  body  of  such  county,  city 
and  county,  city  or  town. 

§2.  Immediately  upon  the  acceptance  by  the  governing  or  legislative 
body  of  such  county,  city  and  county,  city  or  town  of  any  new  bond  or 
bonds,  filed  with  the  governing  or  legislative  body  of  such  county,  city 
and  county,  city  or  town  as  herein  provided  for,  the  old  bond  or  bonds 
shall  become  canceled  and  annulled,  and  the  sureties  thereon  shall  by 
such  cancellation  and  annulment  be  released  from  any  future  liability 
on  such  old  bond  or  bonds,  but  such  cancellation  and  annulment  shall  not 
release  said  sureties  from  any  past  liability;  and  thereafter  the  new 
bond  or  bonds,  herein  provided  for,  shall  take  the  place  of  such  old  bond 
or  bonds. 

§  3.     This  act  shall  take  effect  immediately. 

ACT  1229. 

An  act  providing  for  the  sale  of  street  railroad  and  other  franchises  in 
counties  and  municipalities,  and  providing  conditions  for  the  grant- 
ing of  such  franchises  by  legislative  or  other  governing  bodies,  and 
repealing  conflicting  acts. 

[Approved  March  22,  1905.     Stats.  1905,  p.  777.] 
Amended   1909,  p.  125. 
Citations.      Cal.  153/712,  713,  715. 

§1.  Every  franchise  or  privilege  to  erect  or  lay  telegraph  or  tele- 
phone wires,  to  construct  or  operate  street  or  interurban  railroads  upon 


Act  1229,  §§  2-4  GENERAL  LAWS.  392 

any  public  street  or  highway,  to  lay  gas-pipes  for  the  purpose  of  carry- 
ing gas  for  heat  and  power,  to  erect  poles  or  wires  for  transmitting 
electric  heat  and  power  along  or  upon  any  public  street  or  highway, 
or  to  exercise  any  other  privilege  whatever  hereafter  proposed  to  te 
granted  by  boards  of  supervisors,  boards  of  trustees,  or  common  coun- 
cils, or  other  governing  or  legislative  bodies  of  any  county,  city  and 
county,  city  or  town  within  this  state,  except  steam  railroads  and  except 
telegraph  or  telephone  lines  doing  an  interstate  business,  and  renewals 
of  franchises  for  piers,  chutes  or  wharves,  shall  be  granted  upon  the 
conditions  in  this  act  provided,  and  not  otherwise. 

§  2.  An  applicant  for  any  franchise  or  privilege  above  mentioned 
shall  file  with  the  governing  or  legislative  body  of  the  county  or  munici- 
pality an  application,  and  thereupon  said  governing  body  shall,  in  its 
discretion,  advertise  the  fact  of  said  application,  together  with  a  state- 
ment that  it  is  proposed  to  grant  the  same,  in  one  or  more  newspapers 
of  the  county,  city  and  county,  city  or  town  wherein  the  said  franchise 
or  privilege  is  to  be  exercised.  Said  advertisement  must  state  that  bids 
will  be  received  for  such  franchise,  and  that  it  will  be  awarded  to  the 
highest  bidder,  and  the  same  must  be  published  in  such  newspaper  once 
a  day  for  ten  successive  days,  or  as  often  during  said  period  as  said 
paper  is  published,  if  it  be  a  daily  newspaper,  and  if  there  be  no  daily 
newspaper  published  in  such  county,  city  and  county,  city  or  town,  then 
it  shall  be  published  in  a  weekly  newspaper  once  a  week  for  four  sue-  - 
cessive  weeks,  and  in  either  case  the  full  publication  must  be  completed 
not  less  than  twenty  nor  more  than  thirty  days  before  any  further 
action  can  be  taken  thereon.  [Amendment  approved  March  3,  1909. 
Stats.  1909,  p.  125.] 

§  3.  The  publication  must  state  the  character  of  the  franchise  or 
privilege  proposed  to  be  granted,  the  term  for  which  it  is  granted,  and, 
if  it  be  a  street  railroad,  the  route  to  be  traversed;  that  sealed  bids 
therefor  will  be  received  up  to  a  certain  hour  and  day  named  therein, 
and  that  the  successful  bidder  and  his  assigns  must,  during  the  life  of 
said  franchise,  pay  to  the  county  or  muuicipality  two  per  cent  (2%) 
of  the  gross  annual  receipts  of  the  person,  partnership  or  corporation  to 
whom  the  franchise  is  awarded,  arising  from  its  use,  operation  or  pos- 
session. No  percentage  shall  be  paid  for  the  first  (5)  years  succeeding 
the  date  of  the  franchise,  but  thereafter  such  percentage  shall  be  pay- 
able annually;  and  in  the  event  said  payment  is  not  made,  said  franchise 
shall  be  forfeited;  provided,  further,  that  if  the  franchise  be  a  renewal 
of  a  right  already  in  existence,  the  payment  of  said  percentage  of  gross 
receipts  shall  begin  at  once. 

§4.  In  case  the  franchise  granted  shall  be  an  extension  of  an  exist- 
ing system  of  street  railroad,  then  the  gross  receipts  shall  be  estimated 
to  be  one-half  of  the  proportion  of  the  total  gross  receipts  of  said 
system  which  the  mileage  of  such  extension  bears  to  the  total  mileage 
of  the  whole  system,  and  said  estimate  shall  be  conclusive  as  to  the 
amount  of  the  gross  receipts  of  said  extension. 


J93  FRANCHISES.  Act  1229,  §§  5,  fl 

§  5.  Said  advertisement  shall  also  contain  a  statement  that  the  said 
franchise  will  be  struck  off,  sold  and  awarded  to  the  person,  firm  or 
corporation  who  shall  make  the  highest  cash  bid  therefor;  provided, 
only,  that  at  the  time  of  the  opening  of  said  bids  any  responsible  person, 
firm  or  corporation  present  or  represented  may  bid  for  said  franchise 
or  privilege,  a  sum  not  less  than  ten  per  cent  above  the  highest  sealed 
bid  therefor,  and  said  bid  so  made  may  be  raised  not  less  tlian  ten  per 
cent  by  any  other  responsible  bidder,  and  said  bidding  may  so  continue 
until  finally  said  franchise  shall  be  struck  off,  sold,  and  awarded  by  said 
governing  body  to  the  highest  bidder  therefor  in  gold  coin  of  the  United 
States.  Each  sealed  bid  shall  be  accompanied  with  cash  or  a  certified 
check,  payable  to  the  treasurer  of  such  county  or  municipality,  for  the 
full  amount  of  said  bid,  and  no  sealed  bid  shall  be  considered  unless 
said  cash  or  check  is  enclosed  therewith  and  the  successful  bidder  shall 
deposit,  at  least  ten  per  cent  of  the  amount  of  his  bid  with  the  clerk 
of  such  county  or  municipality  before  the  franchise  shall  be  struck  off 
to  him.  And' if  he  shall  fail  to  make  such  deposit  immediately,  then 
and  in  that  case,  his  bid  shall  not  be  received,  and  shall  be  considered 
as  void,  and  the  said  franchise  shall  then  and  there  be  again  offered  for 
sale  to  the  bidder  who  shall  make  the  highest  cash  bid  therefor,  subject 
to  the  same  conditions  as  to  deposit,  as  above  mentioned.  Said  pro- 
cedure shall  be  had  until  said  franchise  is  struck  off,  sold,  and  awarded 
to  a  bidder  who  shall  make  the  necessary  deposit  of  at  least  ten  per 
cent  of  the  amount  of  his  bid  therefor,  as  herein  provided.  Said  suc- 
cessful bidder  shall  deposit  with  the  clerk  of  such  county  or  municipal- 
ity, within  twenty-four  hours  of  the  acceptance  of  his  bid,  the  remaining 
ninety  per  cent  of  the  amount  thereof,  and  in  case  he  or  it  shall  fail 
tc  do  so,  then  the  said  deposit  theretofore  made,  shall  be  forfeited,  and 
the  said  award  of  said  franchise  shall  be  void,  and  the  said  franchise 
ghall  then  and  there,  by  said  governing  body,  be  again  offered  for  sale 
to  the  highest  bidder  therefor,  in  the  same  manner,  and  under  the  same 
restriction  as  hereinbefore  provided,  and  in  case  said  bidder  shall  fail 
to  deposit  with  the  clerk  of  such  county  or  municipality,  the  remaining 
ninety  per  cent  of  his  bid,  within  twenty-four  hours  after  its  accept- 
ance, the  award  to  him  of  said  franchise  shall  be  set  aside,  and  the 
deposit  theretofore  made  by  him  shall  be  forfeited,  and  no  further 
proceedings  for  a  sale  of  said  franchise  shall  be  had  unless  the  same 
shall  be  readvertised  and  again  offered  for  sale,  in  the  manner  herein- 
before provided. 

§  6.  Work  to  erect  or  lay  telegraph  or  telephone  wires,  to  construct 
street  railroads,  to  lay  gas-pipes  for  the  purpose  of  carrying  gas  for 
heat  and  power,  to  erect  poles  or  wires  for  transmitting  electric  heat 
or  power,  along  or  upon  any  public  street  or  highway,  or  to  exercise  any 
privilege  whatever,  a  franchise  for  which  shall  have  been  granted  in 
accordance  with  the  terms  of  this  act,  shall  be  commenced  in  good  faith 
within  not  more  than  four  months  from  the  granting  of  any  such  fran- 
chise, and  if  not  so  commenced  within  said  time  said  franchise  so 
granted  shall  be  declared  forfeited,  and  shall  be  completed  within  not 
■more  than  three  years   thereafter,   and  if   not  so   completed   within   said 


Act  1229,  §§  7-H  GENERAL  LAWS.  394 

time  said  franchise  so  granted  shall  be  forfeited;  provided,  that  for  good 
cause  shown  the  governing  or  legislative  body  may  by  resolution  extend 
the  time  for  completion  thereof,  not  exceeding  three  months. 

§7.  The  successful  bidder  for  any  franchise  or  privilege  struck  off, 
sold,  and  awarded  under  this  act  shall  file  a  bond  running  to  said  county, 
city  and  county,  or  city  or  town,  with,  at  least,  two  good  and  sufficient 
sureties,  to  be  approved  by  such  governin|.  body,  in  a  penal  sum  by  it 
to  be  prescribed,  and  set  forth  in  the  advertisement  for  bids,  conditioned 
that  such  bidder  shall  well  and  truly  observe,  fulfill  and  perform  each 
and  every  term  and  condition  of  such  franchise,  and  that  in  case  of  any 
breach  of  condition  of  such  bond,  the  whole  amount  of  the  penal  sum 
therein  named  shall  be  taken  and  deemed  to  be  liquidated  damages,  and 
shall  be  recoverable  from  the  principal  and  sureties  upon  said  bond. 
Said  bond  shall  be  filed  with  such  governing  body  within  five  days  aftet 
such  franchise  is  awarded,  and  upon  the  filing  and  approval  of  such 
bond,  the  said  franchise  shall,  by  said  governing  or  legislative  body, 
be  granted  by  ordinance  to  the  person,  firm  or  corporation  to  whom  it 
has  been  struck  off,  sold,  or  awarded,  and  in  ease  that  said  bond  shall 
not  be  so  filed,  the  award  of  such  franchise  shall  be  set  aside,  and  any 
money  paid  therefor  shall  be  forfeited,  and  said  franchise  shall,  in  the 
discretion  of  said  governing  or  legislative  body,  be  readvertised,  and 
again  offered  for  sale  in  the  same  manner,  and  under  the  same  restric- 
tions, as  hereinbefore  provided. 

§  8.  It  shall  be  the  duty  of  the  attorney  general,  upon  the  complaint 
of  any  county  or  municipality,  or,  in  his  discretion,  upon  the  complaint 
of  any  taxpayer,  to  sue  for  the  forfeiture  of  any  franchise  granted  under 
the  terms  of  this  act,  for  the  noncompliance  with  any  condition  thereof. 

§  9.  No  clause  or  condition  of  any  kind  shall  be  inserted  in  any 
franchise  or  grant  offered  or  sold  under  the  terms  of  this  act,  which 
shall  directly  or  indirectly  restrict  free  and  open  competition  in  bidding 
therefor,  and  no  clause  or  provision  shall  be  inserted  in  any  franchise 
offered  for  sale,  which  shall  in  any  wise  favor  one  person,  firm  or  cor- 
poration, as  against  another,  in  bidding  for  the  purchase  thereof. 

§  10.  Any  member  of  any  common  council  or  other  governing  or  legis- 
lative body  of  any  county,  city  and  county,  city  or  town  of  this  state, 
who,  by  his  vote,  violates  or  attempts  to  violate  the  provisions  of  this 
act,  or  any  of  them,  shall  be  guilty  of  a  misdemeanor,  and  may  be  pun- 
ished therefor,  as  provided  by  law,  and  may  be  deprived  of  his  office  by 
the  decree  of  a  court  of  competent  jurisdiction,  after  trial  and  con- 
viction. 

§  11.  All  acts  or  parts  of  acts  in  conflict  herewith  are  hereby  re- 
pealed; provided,  however,  that  nothing  herein  contained  shall  be  con- 
strued as  repealing,  or  amending  the  following  acts,  to  wit:  "An  act 
relating  to  the  granting  by  the  counties  and  municipalities  of  franchise 
for  the  construction  of  paths  and  roads  for  the  use  of  bicycles  and  other 


395  FRAUDULENT  CONVEYANCES.  Acts  1230-1239 

horseless  vehicles,"  approved  March  t'wenty-seventh,  eighteen  hundred 
and  ninety-seven;  "An  act  to  authorize  cities  and  towns  to  grant  fran- 
chises for  the  construction  and  maintenance  of  railroads  beyond  the 
limits  of  such  cities  or  towns  leading  to  public  parks  owned  thereby," 
being  chapter  forty  of  the  laws  of  eighteen  hundred  and  ninety-seven  of 
the  State  of  California. 

This  act  shall  take  effect  immediately. 

ACT  1230. 

Providing  for  the  sale  of  railroad  and  other  franchises  in  municipalities 
and  relative  to  granting  franchises.     [Stats.   1893,  p.  288.] 
Amended    1897,    p.    176.      Superseded    by    1897,    p.    135.      See    Horton    v.    Los 
AiiKcIes,   119  Cal.   602. 

Citations.      Cal.  111/546,  555;  117/700;  119/602,  603;  132/680;  134/622, 

ACT  1231. 

Providing  for  the  sale  of  street  railroad  and  other  franchises  in  munici- 
palities, and  providing  conditions  for  the  granting  of  such  fran- 
chises by  the  legislative  or  other  governing  bodies.  [Stats.  1897, 
p.  135.] 

Repealed   1901,   p.   265. 
Unconstitutional:   Pereria  v.  Wallace,  129  Cal.  397. 

ACT  1232. 

To  provide  for  the  sale  of  street  railroad  and  other  franchises  in  munici- 
palities.    [Stats.  1901,  p.  265.] 
Amended   1903,  p.  90. 

"Repealed  and  superseded  by  1905,  pp.  777,  780.      See  City  of  Los  Angeles  v. 
Davidson,    33   Cal.  Dec.   323." — Code  Commissioners'  Note. 
Citations.      Cal.  142/228;   150/61,  62,  63. 

ACT  1233. 

Limiting   the   time   for  granting   franchises  for   the   construction,   exten- 
sion, or  operation  of  street  railroads.     [Stats.   1893,  p.  29.] 
The  code  commissioners  say  this  act  is  superseded  by  the  act  of  1897,  p.  265. 
It  appears  in  full  in  Appendix,  Civil  Code,  p.  1931. 

ACT  1234. 

Relating   to   granting  by   counties   and   municipalities   of   franchises   for 

the    construction    of   paths   and    roads   for   the   use    of   bicycles   and 

other  horseless  vehicles.     [Stats.  1897,  p.  191.] 

Codified  by  §  524,  Civil  Code. 

See  1901,  p.  267;   1905,  p.  780;   Political  Code,  §  4047. 

TITLE  182. 
FRAUDULENT  CONVEYANCES. 
ACT  1239. 

Concerning  fraudulent  conveyances  and  contracts.     [Stats.  1850,  p.  87.] 
Amended  1856,  p.  87;   1867-68,  p.  110.     Superseded  by  Civil  Code,  §§  1237- 
1231,  1624,  3439-3442. 


Acts  1244-1247  GENERAL  LAWS.  896 

TITLE  183. 
FREE  LIBRARIES. 
ACT  1244. 

In  reference  to  library  associations.     [Stats.  1863,  p.  624.] 
Amended   1869-70,   p.   366. 
"Repealed  by  §  288,  Civil  Code." — Code  Commissioner's  Note. 

ACT  1245. 

To    establish    free    public    libraries    and    reading-rooms.     [Stats.    1880, 
p.  231.] 

Repealed  1901,  p.  557. 

Citations.     App.  2/761,   763,  765. 

ACT  1246. 

Free  public  libraries  and  reading-rooms,  establishment  of.     [Stats.  1877- 
78,  p.  329.] 
Repealed   1880,  p.  233. 

ACT  1247. 

An   act   to   provide    for   the    establishment    and    maintenance    of    public 
libraries   within   municipalities. 
[Approved  March  23,  1901.     Stats.  1901,  p.  557.] 
Amended  1905,  p.  296;   1909,  p.  823. 
Citations.      App.   2/761,  762,  763,  764,  765. 

Establishment. 

§1.  The  common  council,  board  of  trustees,  or  other  legislative  body 
of  any  incorporated  city  or  town  in  the  state  of  California,  may,  and 
upon  being  requested  to  do  so  by  one-fourth  of  the  electors  of  such 
municipal  corporation  in  the  manner  hereinafter  provided,  must,  by 
ordinance,  establish  in  and  for  said  municipality  a  public  library;  pro- 
vided, there  be  none  already  established  therein. 

Petitions  for. 

§  2.  The  request  referred  to  in  the  preceding  section  may  be  by  a 
single  petition,  or  by  several  petitions;  provided,  that  such  several  peti- 
tions be  substantially  in  the  same  form,  and  that  such  single  petition 
has,  or  such  several  petitions  in  the  aggregate  have,  the  signatures  of 
the  requisite  number  of  electors. 

Management. 

§  3.  Such  public  library  shall  be  managed  by  a  board  designated  as 
the  board  of  library  trustees,  consisting  of  five  members,  to  be  ap- 
pointed by  the  mayor,  president  of  the  board  of  trustees  or  other  execu- 
tive head  of  the  municipality,  by  and  with  the  consent  of  the  legislative 
body  of  said  municipality.  Such  trustees  shall  severally  hold  office  for 
three  years,  serving  without  compensation;  provided,  that  the  members 
of  the  first  board  appointed  shall  so  classify  themselves  by  lot  that  one 
of  their  number  shall  go  out  of  office  at  the  end  of  the  current  fiscal 


897  FREE  LIBRARIES.  Act  247,  §§4-6 

year,  two  at  tlie  end  of  one  year  thereafter,  and  the  other  two  at  the 
end  of  two  years  thereafter.  Men  and  women  shall  be  equally  eligible 
to  such  an  appointment,  and  vacancies  shall  be  filled  by  appointment 
for  the  unexpired  term  in  the  same  manner. 

Trustees,  meetings  of. 

§  4.  Boards  of  library  trustees  shall  meet  at  least  once  a  month  at 
such  times  and  places  as  they  may  fix  by  resolution.  Special  meetings 
may  be  called  at  any  time  by  three  trustees,  by  written  notice  served 
upon  each  member  at  least  three  hours  before  the  time  specified  for  the 
proposed  meeting.  A  majority  of  the  board  shall  constitute  a  quorum 
for  the  transaction  of  business.  Such  boards  shall  appoint  one  of  their 
number  president,  who  shall  serve  for  one  year  and  until  his  successor 
is  appointed,  and  in  his  absence  shall  select  a  president  pro  tem.  Such 
boards  shall  cause  a  proper  record  of  their  proceedings  to  be  kept. 
[Amended  by  Stats.  1909,  p.  823,  though  title  did  not  state  this  section 
was  amended.     Also  amended  in  1905:  Stats.  1905,  p.  296.] 

Powers  of  trustees. 

§  5.     Boards  of  library  trustees  shall  have  power: 

First — To  make  and  enforce  all  rules,  regulations  and  by-laws  neces- 
sary for  the  administration,  government  and  protection  of  the  libraries 
under  their  management,  and  all  property  belonging  thereto. 

Second — To  administer  any  trust  declared  or  created  for  such  libraries, 
and  receive  by  gift,  devise,  or  bequest  and  hold  in  trust  or  otherwise, 
property  situated  in  this  state  or  elsewhere,  and  where  not  otherwise 
provided,  dispose  of  the  same  for  the  benefit  of  such  libraries. 

Third — To  prescribe  the  duties  and  powers  of  the  librarian,  secretary 
and  other  officers  and  employees  of  any  such  libraries;  to  determine  the 
number  of  and  appoint  all  such  officers  and  employees,  and  to  fix  their 
compensation,  which  said  officers  and  employees  shall  hold  their  offices 
or  positions  at  the  pleasure  of  said  boards. 

Fourth — To  purchase  necessary  books,  journals,  publications  and  other 
personal  property. 

Fifth — To  purchase  such  real  property,  and  erect  or  rent  and  equip, 
such  buildings  or  building,  room  or  rooms,  as  may  be  necessary,  when 
in  their  judgment  a  suitable  building,  or  portion  thereof,  has  not  been 
provided  by  the  legislative  body  of  the  municipality  for  such  libraries. 

Sixth — To  require  the  secretary  of  state  and  other  state  officials  to 
furnish  such  libraries  with  copies  of  any  and  all  reports,  laws  and  other 
publications  of  the  state  not  otherwise  disposed  of  by  law. 

Seventh — To  borrow  books  from,  lend  books  to  and  exchange  the 
same  with  other  libraries,  and  to  allow  nonresidents  to  borrow  books 
upon  such  conditions  as  they  may  prescribe. 

Eighth — To  do  and  perform  any  and  all  other  acts  and  things  neces- 
sary or  proper  to  carry  out  the  provisions  of  this  act. 

Annual  reports. 

§  6.  Boards  of  library  trustees  shall,  on  or  before  the  last  day  of 
July  in  each  year,  make  a  report  to  the  legislative  body  of  their  niuuici- 


Act  1247,  §§  7-10  GENERAL  LAWS.  898 

pality,  giving  the  condition  of  the  library  on  the  thirtieth  day  of  June 
preceding,  together  with  a  statement  of  their  proceedings  for  the  year 
then  ended,  and  forward  a  copy  thereof  to  the  state  library  at  Sacra- 
mento. [Amended  April  12,  1909.  Stats.  1909,  p.  825,  though  title  did 
not  state  this  section  was  amended.  Also  amended  in  1905:  Stats.  1905, 
p.  297.] 

Annual  tax  levy. 

§  7.  The  legislative  body  of  any  municipality  in  which  a  public 
library  has  been  established  in  accordance  with  this  act,  shall  in  mak- 
ing the  annual  tax  levy  and  as  part  thereof,  if  the  maintenance  of  the 
library  has  not  been  otherwise  provided  for,  levy  a  tax  for  the  purpose 
of  maintaining  such  library  and  purchasing  property  necessary  therefor, 
which  tax  shall  be  in  addition  to  other  taxes,  the  levy  of  which  is 
permitted  in  the  municipality.  Provided  that  after  two  years  from  the 
establishment  of  new  libraries  thereunder,  where  a  maintenance  cor- 
responding thereto,  has  not  been  otherwise  provided,  in  municipalities  of 
the  first,  second  and  third  classes,  such  tax  levy  shall  not  exceed  two 
mills  on  the  dollar  of  assessed  valuation,  and  in  municipalities  of  the 
fourth,  fifth  and  sixth  classes  such  levy  shall  not  exceed  three  mills  on 
the  dollar  of  assessed  valuation.  [Amended  April  12,  1909.  Stats.  1909, 
p.  825.] 

Disposition  of  revenue. 

§8.  The  revenue  derived  from  said  tax,  together  with  all  money  ac- 
quired by  gift,  devise,  bequest,  or  otherwise,  for  the  purposes  of  the 
library,  shall  be  apportioned  to  a  fund  to  be  designated  the  library 
fund,  and  be  applied  to  the  purposes  herein  authorized.  If  such  pay- 
ment into  the  treasury  should  be  inconsistent  with  the  conditions  or 
terms  of  any  such  gift,  devise,  bequest,  the  board  shall  provide  for  the 
safety  and  preservation  of  the  same,  and  the  application  thereof  to  the 
use  of  the  library,  in  accordance  with  the  terms  and  conditions  of  such 
gift,  devise  or  bequest.  Payments  from  this  fund  shall  be  made  upon 
warrants  issued  after  due  audit  by,  and  an  order  from,  the  library 
trustees,  which  warrants  shall  be  signed  by  the  president  and  secretary 
of  said  board  of  library  trustees.  The  treasurer  of  the  municipality 
shall  pay  such  warrants  without  any  further  order  or  warrant  from  any 
other  authority.     [Amended  April  12,  1909.     Stats,  1909,  p.   825.] 

Library  to  be  free. 

§  9.     Every   library   established   under   this   act  shall   be   forever   free 

to  the  inhabitants  and  nonresident  taxpayers  of  the  municipality,  sub- 
ject always  to  such  rules,  regulations  and  by-laws  as  may  be  made  by 

boards    of   library    trustees;    and    provided,    that  for    violations    of    the 

same  a  person  may  be  fined  or  excluded  from  the  privileges  of  the 
library. 

Loaning  of  books. 

§  10.  Boards  of  library  trustees  and  the  legislative  bodies  of  neigh- 
boring municipalities  or  boards  of  supervisors  of  the  counties  in  which 


399  FREE  LIBRARIES.  Act  1248 

public  libraries  are  situated,  may  contract  for  lending  the  books  of  such 
libraries  to  residents  of  such  counties  or  neighboring  municipalities, 
upon  a  reasonable  compensation  to  be  paid  by  such  counties  or  neigh- 
boring municipalities. 

Title  to  property,  shall  vest  in  whom. 

§  11.  The  title  to  all  property  acquired  for  the  purposes  of  such 
libraries,  when  not  inconsistent  with  the  terms  of  its  acquisition,  or 
otherwise  designated,  shall  vest  in  the  municipalities  in  which  such 
libraries  are,  or  are  to  be,  situated,  and  in  the  name  of  the  municipal 
corporations  may  be  sued  for  and  defended  by  action  at  law  or  other- 
wise. 

Act  of  1880  repealed. 

§  12.  An  act  entitled  "An  act  to  establish  free  public  libraries  and 
reading  rooms,"  approved  April  twenty-six,  eighteen  hundred  and  eighty, 
is  hereby  repealed;  provided,  that  as  to  existing  libraries  this  act  is  to 
be  deemed  a  continuation  thereof,  and  such  libraries  shall  be  governed 
hereby  accordingly;  provided,  however,  that  this  act  shall  have  no  ap- 
plication to  any  library  established  or  governed  by  the  provisions  of  a 
city  charter,  and  the  provisions  of  any  city  charter  shall  in  no  manner 
be  affected  by  this  act. 

Disestablishment  of  library. 

§  13.  Any  ordinance  establishing  a  library  adopted  under  the  pro- 
visions of  section  1  of  this  act  must  be  repealed  by  the  body  which 
adopted  the  same  upon  being  requested  to  do  so  by  fifty-one  per  cent 
of  the  electors  of  such  municipal  corporations,  as  shown  by  the  great 
register  then  in  force,  and  upon  the  repeal  of  such  ordinance  such 
library  shall  be  disestablished  in  such  municipal  corporation.  [Amended 
April  12,  1909.  Stats.  1909,  p.  826,  though  title  stated  that  this  section 
was  stricken  out.] 

The   amending  act   also    contained   the   following:    "Sec.   2.  All   acts   and   parts 

of   acts   inconsistent  with   this   act   are   hereby  modified   in   accordance   with   this 

act." 

ACT  1248. 

An  act  to  provide  county  library  systems. 
[Approved  April  12,  1909.     Stats.   1909,  p.  811.] 

County  library  systems. 

§  1.  The  boards  of  supervisors  of  the  several  counties  shall  have 
power  to  establish  and  maintain,  within  their  counties,  county  library 
systems  in  the  manner  and  with  the  functions  prescribed  in  this  act. 

Manner  of  establishment.    Ballots.    Elections  in  cities. 

§  2.  The  board  of  supervisors  of  any  county  may  submit  the  ques- 
tion of  establishing  a  county  library  system  to  a  vote  of  the  electors 
of  such  county  in  the  following  manner: 

They  shall,  not  less  than  fourteen  days  before  the  annual  election 
of  school  trustees,  send  notices  to  the  board  of  tru.stoes  of  each  school 


Act  1248,  §§  3,  4  GENERAL  LAWS.  400 

district  in  the  county,  declaring  that  a  vote  on  the  question  of  estab- 
lishing a  county  library  will  be  taken  at  the  coming  election  of  school 
trustees.  The  trustees  shall  post  such  notice  in  three  public  places 
within  the  district.  The  board  of  supervisors  shall  thereupon  prepare 
two  sets  of  ballots,  one  reading  "For  a  county  library"  and  the  other 
"Against  a  county  library,"  and  send  a  sufficient  number  of  them  to 
the  board  of  school  trustees  in  each  school  district  in  the  county.  These 
ballots  shall  be  kept  on  hand  at  the  place  where  said  election  is  held, 
and  each  elector  voting  at  such  election  may  use  one  of  these  ballots  to 
express  his  wishes  regarding  the  establishing  of  a  county  library.  Such 
election  for  the  establishment  of  a  county  library  shall  be  conducted 
substantially  in  the  manner  prescribed  for  the  election  of  school  trustees, 
except  that  the  result  shall  be  certified  to  the  county  board  of  super-' 
visors,  instead  of  the  county  superintendent  of  schools. 

In  cities,  where  no  election  for  school  trustees  is  held  on  the  day 
when  such  elections  are  held  in  other  school  districts  of  the  county,  the 
county  board  of  supervisors  may  order  a  special  election  on  the  question 
of  establishing  a  county  library,  to  be  held  on  the  same  day  as  in  the 
school  districts  outside  of  such  city,  and  be  conducted  substantially  as 
elections  for  the  issue  of  county  bonds  are  now  conducted. 

After  the  certificates  of  the  election  officers  have  been  received  by 
the  county  board  of  supervisors,  the  said  board  shall  canvass  and  de- 
clare the  result,  and  thereafter  if  a  majority  of  the  votes  cast  are  for 
a  county  library,  must  pass  an  ordinance  establishing  a  county  library 
as  herein  provided. 

Nonparticipation  in  system. 

§  3.  Not  less  than  five  days  before  any  election  regarding  the  estab- 
lishing of  a  county  librarj^,  as  provided  in  section  2  of  this  act,  the 
board  of  trustees,  common  council,  or  other  legislative  body  of  any  in- 
corporated city  or  town  in  the  county,  or  the  board  of  trustees  of  any 
library  district,  may  notify  the  board  of  supervisors  that  such  city, 
town,  or  library  district,  does  not  desire  to  participate  in  the  county 
library  system,  and  thereafter  such  city,  town  or  library  district  shall 
not  participate  in  such  election,  and  its  inhabitants  shall  not  be  entitled 
to  the  benefits  of  such  county  library  system  when  established,  and  the 
property  within  such  city,  town,  or  library  district  shall  not  be  taxed 
for  county  library  purposes.  But  such  notice  may  at  any  time  be 
withdrawn  by  such  city,  or  library  district. 

Supervision  of  county  library. 

§  4.  The  county  library  shall  be  under  the  general  supervision  of  a 
committee  of  three  selected  annually  by  the  county  board  of  supervisors 
from  among  its  own  members.  The  said  committee  shall  elect  a  county 
librarian,  who  shall  hold  office  for  the  term  of  four  years,  subject  to 
prior  removal  for  cause,  after  a  hearing,  by  the  library  committee.  The 
cause  of  such  removal,  together  with  all  proceedings  therefor,  shall  bp 
spread  upon  the  minutes  of  such  committee.  The  said  county  librarian 
need  not  be  a  resident  of  the  county  nor  a  citizen  of  the  state  of  Call- 


401  FREE  LIBRARIES.  Act  1248,  §§  5-7 

fornia  at  the  time  of  his  election.  Prior  to  entering  upon  the  duties  of 
his  office,  such  county  librarian  shall  file  with  the  county  clerk  the  usual 
oath  of  office  and  a  bond,  conditioned  upon  the  faithful  performance 
of  his  duties,  with  sufficient  sureties  approved  by  a  judge  of  the  superior 
court,  in  such  sum  as  may  be  determined  by  the  county  board. 

Librarian,  who  eligible.     Salaries. 

§5.  No  person  shall  be  eligible  for  the  office  of  county  libiarian,  un- 
less he  has  received,  prior  to  his  election,  from  the  state  librarian,  or 
from  the  librarian  of  the  University  of  California,  or  the  Leland  Stan- 
ford Junior  University,  a  certificate  to  the  effect  that  in  the  opinion 
of  such  librarian  he  is  well  qualified  for  the  office.  If  at  any  time  there 
shall  be  established  by  law  in  this  state  a  system  of  certification  of 
qualified,  librarians,  each  county  librarian  elected  thereafter  for  a  first 
term  must  hold  a  proper  certificate  provided  by  such  system,  in  place 
of  the  certificate  above  mentioned  in  this  section.  The  salary  of  the 
county  librarian  shall,  in  the  counties  of  the  first  to  tenth  classes,  be 
two  thousand  four  hundred  dollars  per  annum;  in  the  counties  of  the 
eleventh  to  twenty-ninth  classes,  two  thousand  dollars  per  annum;  in 
counties  of  the  thirtieth  to  fortieth  classes,  one  thousand  five  hundred 
dollars  per  annum;  in  counties  of  the  forty-first  to  fifty-fourth  classes, 
one  thousand  dollars  per  annum;  and  in  counties  of  the  fifty-fifth  to 
fifty-eighth  classes,  seven  hundred  and  fifty  dollars  per  annum.  The 
county  librarian  shall  also  be  allowed  his  actual  and  necessary  expenses 
incurred  in  traveling  on  the  business  of  his  office. 

Towers  of  library  coimnittee. 

§  6.  The  library  committee  appointed  by  the  county  board  of  super- 
v'sors,  as  aforesaid,  shall  have  power  to  make  general  rules  and  rogu- 
liutions  regarding  the  policy  of  the  county  library,  and  to  determine  the 
'ijmber  and  kind  of  employees  of  such  library.  But  the  appointment 
and  dismissal  of  such  employees,  and  the  management  of  the  business 
of  the  library,  including  the  determination  of  what  books  shall  be  pur 
chased,  shall  be  entirely  within  the  power  of  the  county  librarian. 

Duties  of  librarian.     Assistants. 

§7.  The  county  librarian  shall,  subject  to  the  general  rules  adopted 
by  the  library  committee,  build  up  and  manage,  according  to  accepted 
principles  of  library  management,  a  library  for  the  use  of  the  people  of 
the  county.  He  shall  co-operate  in  every  expedient  manner  with  the 
librarians  of  other  public  libraries  within  the  county,  including  the 
county  law  library,  and  render  such  assistance  to  all  as  will  tend  to 
increase  their  efficiency,  and  may  establish  delivery  stations  and  branch 
libraries  within  the  county.  For  this  purpose,  he  may  employ  such  as- 
sistants as  may  be  authorized  by  the  library  committee;  provided,  that 
where  such  services  are  rendered  to  a  library  belonging  to  any  munici- 
pal iorporation  not  taxed  for  the  county  library  system,  such  services 
«]haP  be  paid  for  at  a  fair  rate  of  compensation  by  such  library,  payable 
",nto  the  county  library  fund  established  by  this  act. 
Gen.  Laws — 26 


Act  1248,  §§  8-11  GENERAL  LAWS.  402 

State  librarian  to  have  general  supervision. 

§  8.  The  county  library  systems  of  the  state  shall  be  under  the  gen- 
eral supervision  of  the  state  librarian,  who  shall  from  time  to  time, 
either  personally  or  by  one  of  his  assistants,  visit  the  libraries  in  each 
county  and  inquire  into  their  condition.  The  actual  expenses  of  such 
visits  shall  be  defrayed  out  of  the  state  library  fund.  The  state  libra- 
rian may  annually  call  a  convention  of  county  librarians,  to  assemble 
at  such  time  and  place  as  he  shall  deem  most  convenient,  for  the  dis- 
cussion of  questions  pertaining  to  the  supervision  and  administration 
of  the  public  libraries,  the  laws  relating  thereto,  and  such  other  sub- 
jects affecting  the  welfare  and  interest  of  the  county  libraries  as  shall 
properly  be  brought  before  it.  It  is  hereby  made  the  duty  of  all  the 
county  librarians  to  attend  and  take  part  in  the  proceedings  of  such 
convention  when  it  is  called.  The  actual  expenses  of  the  county  libra- 
rians attending  the  convention  shall  be  paid  out  of  the  county  library 
fund. 

Report  of  county  librarian. 

§  9.  The  county  librarian  shall  on  or  before  the  15th  day  of  July  in 
each  year,  report  to  the  county  board  of  supervisors  on  the  condition 
of  his  library  system  for  the  year  ending  June  30th  preceding.  Such 
reports  shall,  in  addition  to  other  matters  deemed  expedient  by  the 
county  librarian,  contain  such  statistical  and  other  information  regard- 
ing the  county  library  system  as  may  be  deemed  desirable  by  the  state 
librarian.  For  this  purpose  the  state  librarian  may  send  to  the  several 
county  libraries  instructions  or  question  blanks,  so  as  to  obtain  the 
material  for  a  comparative  study  of  library  conditions  in  the  state.  At 
the  time  of  making  his  annual  report,  the  county  librarian  shall  send 
a  copy  thereof  to  the  state  librarian. 

Libraries  to  be  free, 

§  10.  The  county  libraries  established  under  this  act  shall  be  free 
to  the  use  of  the  public;  provided,  that  only  residents  of  the  county  out- 
side of  cities,  towns,  and  library  districts  not  taxed  for  county  library 
purposes  shall  have  the  privilege  of  drawing  books  therefrom  for  use 
outside  of  the  rooms  of  the  library.  Persons  violating  any  of  the  rea- 
gouable  rules  established  by  the  library  authorities  may  be  excluded 
from  the  use  of  the  library. 

Tax  levy. 

§  11.  The  county  board  of  supervisors,  after  a  county  library  has 
been  established,  shall  annually  levy  in  addition  to  all  other  taxes  levied 
by  them,  a  tax  not  to  exceed  one  mill  on  the  dollar  of  assessed  valua- 
tion for  the  purpose  of  purchasing  property  for,  and  maintaining  the 
county  library.  County  bonds  may  be  issued,  in  the  manner  prescribed 
in  section  4088  of  the  Political  Code,  for  the  erection  and  equipment  of 
library  buildings  and  the  purchase  of  land  therefor.  The  county  board 
of  supervisors  is  authorized  to  receive,  on  behalf  of  the  county,  any 
gift,   bequest   or   devise  for   the    county  library.     The   title    to    all    the 


403  FREE  LIBRARIES.  Act  1249 

property  telongirig  to  fhe  county  library  stall  be  vested  in  the  county. 
All  funds  of  the  county  library  system,  whether  derived  from  taxation 
or  otherwise,  shall  be  in  the  custody  of  the  county  treasurer.  They 
shall  constitute  a  separate  fund,  called  the  county  library  fund,  and 
shall  not  be  used  for  any  purposes  except  those  of  the  county  library 
system.  No  money  shall  be  paid  out  of  the  said  county  library  fund, 
except  on  an  order  signed  by  the  chairman  of  the  library  committee, 
and  countersigned  by  the  county  librarian  or  his  assistant.  The  said 
chairman  shall  sign  no  order  upon  the  library  fund,  until  a  proper 
voucher  for  the  claim  upon  which  such  order  is  based  is  filed  and  until 
such  claim  has  been  duly  audited  and  allowed  by  the  library  committee. 
The  fact  that  such  claim  has  been  audited  and  allowed  shall  be  indorsed 
upon  the  voucher  and  attested  by  the  signatures  of  at  least  two  members 
of  the  committee. 

Public  libraries  may  assume  functions  of  county  library. 

§  12.  Instead  of  establishing  a  separate  county  library,  the  county 
board  of  supervisors  may  enter  into  a  contract  according  to  the  pro- 
vision of  this  section  with  any  city  or  incorporated  town  maintaining  a 
free  public  library;  and  the  Isoard  of  library  trustees,  or  other  author- 
ities in  charge  of  such  free  public  library  of  any  such  city  or  town,  is 
hereby  authorized  to  make  such  a  contract.  The  said  contract  may 
provide  that  the  public  library  of  such  city  or  town  shall  assume  the 
functions  of  a  county  library  within  the  county  with  which  such  con- 
tract is  made,  as  provided  in  this  act.  The  couuty  board  of  supervisors 
may  agree  to  pay  annually  into  the  library  fund  of  such  city  such  sum 
as  may  be  agreed  upon.  Either  party  to  such  contract  may  terminate 
the  same  by  giving  six  months'  notice  of  intention  to  do  so. 

How  system  may  be  discontinued. 

§  13.  After  a  county  library  system  has  been  established,  it  shall  not 
be  discontinued  except  by  the  two-thirds  vote  of  the  electors  of  the 
county  voting  at  a  special  election  called  for  the  sole  purpose  of  deter- 
mining whether  such  library  shall  be  discontinued.  Such  election  shall 
be  carried  on  substantially  in  the  manner  now  prescribed  for  the  elec- 
tion on  the  issuing  of  county  bonds. 

ACT  1249. 

An  act  to  allow  unincorporated  towns  and  villages  to  establish,  equip, 
and  maintain  public  libraries;  to  provide  for  the  formation,  gov- 
ernment and  operation  of  library  districts;  the  acquisition  of  prop- 
erty thereby;  the  calling  and  holding  of  elections  in  such  districts; 
the  assessment,  collection,  custody  and  disbursement  of  taxes 
therein;  and  to  create  boards  of  library  trustees. 

[Approved  April  12,  1909.     Stats.   1909,  p.  815.] 

Libraries  in  unincorporated  towns. 

§  1.  Any  unincorporated  town  or  village  of  this  state  may  establish, 
equip  and  maintain  a  public  library  for  the  dissemination  of  a  knowl- 


Act  1249,  I  §  2-7  GENERAL  LAWS.  404 

edge  of  the  arts,  sciences  and  general  literature,  in  accordance  with  the 
provisions  of  this  act. 

Manner  of  establishment. 

§  2.  Upon  the  application,  by  petition,  of  fifty  or  more  taxpayers  and 
residents  of  said  town  or  village  to  the  board  of  supervisors  in  the 
county  in  which  said  towil  or  village  is  located,  praying  for  the  forma- 
tion of  a  library  district,  and  setting  forth  the  boundaries  of  the  said 
proposed  district;  the  said  board  of  supervisors  must,  within  ten  days 
after  receiving  said  petition,  by  resolution,  order  that  an  election  be 
held  in  the  said  proposed  district  for  the  determination  of  the  question 
and  shall  appoint  three  qualified  electors  thereof  to  conduct  said  election. 

Election,  how  called. 

§  3.  Said  election  shall  be  called  by  posting  notice  thereof  in  three 
of  the  most  public  places  in  said  proposed  library  district,  and  by  pub- 
lication in  a  daily  or  weekly  paper  therein,  if  there  be  one,  at  least 
once  a  week  for  not  less  than  fifteen  days.  Said  notices  must  specify 
the  time,  place,  and  the  purposes  of  said  election,  and  the  hours  during 
which  the  polls  will  be  kept  open;  provided,  that  in  districts  with  a  popn- 
lation  of  ten  thousand  or  over,  the  polls  must  be  opened  at  eight  o'clock 
A.  M.,  and  kept  open  until  seven  o'clock  P.  M.,  and  in  districts  where 
the  population  is  less  than  ten  thousand,  the  polls  must  not  be  opened 
before  one  o'clock  P.  M.,  and  must  be  kept  open  not  less  than  six  hours. 

Conduct  of  election. 

§4.  Said  election  shall  be  conducted  in  accordance  with  the  general 
election  laws  of  this  state,  where  applicable,  without  reference  to  form 
of  ballot  or  manner  of  voting,  except  that  the  ballots  shall  contain  the 
words,  "For  library  district,"  and  the  voter  shall  write  or  print  after 
said  words  on  his  ballot  the  word  "Yes,"  or  the  word  "No." 

Electors,  qualifications  of. 

§5.  Every  qualified  elector,  resident  within  the  proposed  district  for 
the  period  requisite  to  enable  him  to  vote  at  a  general  election,  shall  be 
entitled  to  vote  at  the  election  above  provided  for. 

Return  of  result. 

§  6.  It  shall  be  the  duty  of  the  election  oflficers  to  report  the  result 
of  said  election  to  the  board  of  supervisors  within  five  days  subsequent 
to  the  holding  thereof. 

Trustees,  appointment  of. 

§7.  If  a  majority  of  the  votes  at  said  election  shall  be  in  favor  of 
a  library  district,  the  said  board  of  supervisors  must,  by  resolution, 
establish  said  library  district,  and  must  appoint  three  trustees,  who 
must  be  qualified  electors  and  residents  within  the  limits  of  the  proposed 
library  district,  to  be  known  and  called  a  board  of  library  trustees,  of 
the  town  or  village  for  which  they  are  appointed.  Such  trustees  shall 
severally  hold  ofiice  for  three  years  from  the  first  day  of  July  next 
succeeding  their  election  and  until  their  successors  are  elected  and  quali- 


405  FREE   LIBRARIES.  Act  1249,  §§  8-11 

fied;  serving  without  eompensntinn;  provided  however,  that  the  members 
of  the  first  board  appointed  shall  bo  so  classified  by  the  board  of  super- 
visors at  the  time  of  their  appointment,  that  one  of  their  number  shall 
go  out  of  office  on  ttie  thirtieth  day  of  June  next  succeeding  his  appoint- 
ment, one  at  the  end  of  one  year  thereafter,  and  the  other  at  the  end 
of  two  years  thereafter.  Vacancies  shall  be  filled  by  the  board  of  super- 
visors by  appointment  for  the  unexpired  term. 

Proceedings  if  proposition  be  defeated. 

§  8.  If  a  majority  of  the  votes  cast  shall  be  against  a  library  dis- 
trict, the  board  of  supervisors  shall,  by  order,  so  declare;  no  other  pro- 
ceedings shall  be  taken  in  relation  thereto  until  the  expiration  of  one 
year  from  the  date  of  presentation  of  the  .petition. 

Tacts  establishing  the  validity  of  district. 

§9.  The  fact  of  the  presentation  of  the  petition,  and  the  order  estab- 
lishing the  library  district  and  m.aking  the  appointment  of  the  three 
library  trustees,  shall  be  entered  in  the  minutes  of  the  board  of  super- 
visors and  shall  be  conclusive  evidence  of  the  due  presentation  of  a 
proper  petition,  and  that  each  of  the  petitioners  was,  at  the  time  of 
signature  and  presentation  of  the  petition,  a  taxpaj^er  and  resident  of 
the  proposed  district,  and  of  the  fact  ancT  regularity  of  all  prior  pro- 
ceedings of  ever}'  kind  and  nature  provided  for  by  this  act,  and  of  the 
existence  and  validity  of  the  district. 

Trustees,  meetings  of. 

§  10.  Boards  of  library  trustees  shall  meet  at  least  once  a  month,  at 
such  time  and  place  as  they  may  fix  by  resolution.  Special  meetings 
may  be  called  at  any  time  by  two  trustees,  by  written  notices  served 
upon  each  member  at  least  twelve  hours  before  the  time  specified  for 
the  meeting.  Two  members  shall  constitute  a  quorum  for  the  transac- 
tion of  business.  At  its  first  meeting  held  after  the  first  day  of  July 
the  board  shall  organize  by  electing  one  of  its  number  president,  and 
another  one  of  its  number  secretary;  they  shall  serve  as  such  for  one 
year,  or  until  their  successors  are  elected  and  qualified.  Such  boards 
shall  cause  a  proper  record  of  its  proceedings  to  be  kept,  and  at  the 
first  meeting  of  the  board  of  trustees  of  any  library  formed  under  the 
provisions  of  this  act,  it  must  immediately  cause  to  be  made  out  and 
filed  with  the  state  librarian  at  Sacramento  a  certificate  showing  that 
such  library  has  been  established,  with  the  date  thereof,  the  names  of 
the  trustees,  and  the  officers  of  the  board  chosen  for  the  current  fiscal 
year. 

Powers  and  duties  of  trustees. 

§  11.  The  board  of  library  trustees  so  appointed  by  the  said  board 
of  supervisors,  and  their  successors,  shall  be  authorized  and  they  are 
hereby  empowered,  and  it  shall  be  their  duty: 

First — To  m.ake  and  enforce  all  rules,  regulations  and  by-laws  neces- 
sary for  the  administration,  government  and  protection  of  the  libraries 
under  their  management,  and  all  property  belonging  thereto. 


Act  1249,  §  12  GENERAL  LAWS.  406 

Second — To  administer  any  trust  declared  or  created  for  snch  libraries, 
and  receive  by  gift,  devise,  or  bequest,  and  bold  in  trust  or  otherwise, 
property  situated  in  this  state  or  elsewhere,  and  where  not  otherwise 
provided,  dispose  of  the  same  for  the  benefit  of  such  libraries. 

Third — To  prescribe  the  duties  and  powers  of  the  librarian,  secretary, 
and  other  officers  and  employees  of  any  such  libraries;  to  determine  the 
number  of  and  appoint  all  such  officers  and  employees,  and  fix  their  com- 
pensation, which  said  officers  and  emploj^ees  shall  hold  their  offices  and 
positions  at  the  pleasure  of  said  boards. 

Fourth — To  purchase  necessary  books,  journals,  publications  and  other 
personal  property. 

Fifth — To  purchase  such  real  property,  and  erect  or  rent  and  equip, 
such  building  or  buildings,  room  or  rooms,  as  in  their  judgment  may  be 
necessary  to  properly  carry  out  the  provisions  of  this  act. 

Sixth — To  require  the  secretary  of  state  and  other  state  officials  to 
furnish  such  libraries  with  copies  of  any  and  all  reports,  laws,  and  other 
publications  of  the  state  not  otherwise  disposed  of  by  law. 

Seventh — To  borrow  books  from,  lend  books  to  and  exchange  the  same 
with  other  libraries,  and  to  allow  nonresidents  to  borrow  books  upon 
such  conditions  as  the  board  may  prescribe. 

Eighth— To  do  and  perform  any  and  all  other  acts  and  things  neces- 
sary or  proper  to  carry  out  the  provisions  of  this  act. 

Ninth — To  file,  through  their  secretary,  on  or  before  the  last  day  in 
the  month  of  July  of  each  year,  a  report  with  the  state  librarian  at 
Sacramento  giving  the  condition  of  their  library  and  the  number  of 
volumes  contained  therein  on  the  thirtieth  day  of  June  preceding. 

Tenth — To  designate  the  hours  during  which  the  library  shall  be  open 
for  the  use  of  the  public;  provided  however,,  that  all  public  libraries 
established  under  the  provisions  of  this  act,  shall  be  open  for  the  use  of 
the  public  during  every  day  in  the  year. 

Estimates  of  cost. 

§  12.  In  any  library  district  formed  under  the  provisions  of  this  act, 
which  is  now  maintaining  a  public  library,  or  which  shall  have  peti- 
tioned for  and  has  been  granted  permission  to  establish,  and  intends  to 
maintain  a  public  library  in  accordance  with  this  act,  it  shall  be  the 
duty  of  the  board  of  library  trustees  therein,  to  furnish  to  the  board  of 
supervisors  of  the  county  wherein  said  library  district  is  situated,  each 
and  every  year,  on  or  before  the  first  day  of  September,  an  estimate  of 
the  cost  of  leasing  temporary  quarters,  purchasing  a  suitable  lot,  of 
procuring  plans  and  specifications  and  erecting  a  suitable  building,  of 
furnishing  and  equipping  the  same,  and  of  fencing  and  ornamenting  the 
grounds,  for  the  accommodation  of  the  public  library,  and  of  conduct- 
ing and  maintaining  the  same  for  the  ensuing  fiscal  year,  or  for  any 
or  all  of  said  purposes;  provided  however,  that  the  board  of  library 
trustees,  may,  M'hcn  in  its  judgment  it  is  deemed  advisable,  and  upon 
the  petition  of  fifty  or  more  taxpayers  residing  within  said  library 
district,  must  call  an  election  and  submit  to  the  electors  of  the  said 
library  district  whether  the  bonds  of  said  library  district  shall  be  issued 
and  sold  for  any  or  all  of  the  purposes  of  this  act. 


407  FREE  LIBRARIES.  Act  1249,  §§  13-17 

Special  tax  levy. 

§13.  When  such  estimate  shall  have  been  submitted  to  the  board  of 
supervisors  of  any  eounty  in  which  a  public  library  district  has  been 
established,  the  said  board  of  supervisors  must,  at  the  time  of  levying 
county  taxes,  levy  a  special  tax  upon  all  of  the  taxable  property  wfthin 
the  limits  of  the  said  library  district,  sufficient  in  amount  to  maintain 
the  said  public  library,  or  to  purchase  the  site,  erect  and  equip  the 
building,  improve  the  grounds  or  building,  or  for  any  or  all  of  the  pur- 
poses of  this  act.  The  taxes  so  levied  shall  be  computed,  entered  upon 
the  tax-roll,  and  collected  in  the  same  manner  as  other  taxes  are  com- 
puted, entered  and  collected. 

Disposition  of  revenue. 

§  14.  The  revenue  derived  from  said  tax,  together  with  all  money 
acquired  by  gift,  devise,  bequest,  or  otherwise,  for  the  purposes  of  the 
library,  shall  be  paid  into  the  couaty  treasury  to  the  credit  of  the  library 
fund  of  the  district  wherein  said  tax  was  collected,  subject  only  to  the 
order  of  the  library  trustees  of  said  district.  If  such  payment  into  the 
treasury  should  be  inconsistent  with  the  terms  or  conditions  of  any 
such  gift,  devise,  or  bequest,  the  board  of  library  trustees  shall  pro- 
vide for  the  safety  and  preservation  of  the  same,  and  the  application 
thereof  to  the  use  of  the  library,  in  accordance  with  the  terms  and 
conditions  of  such  gift,  devise  or  bequest. 

Library  to  be  free. 

§  15.  Every  library  established  under  the  provisions  of  this  act  shall 
be  forever  free  to  the  inhabitants  and  nonresident  taxpayers  of  the 
library  district,  subject  always  to  such  rules,  regulations,  and  by-laws 
as  may  be  made  by  the  board  of  library  trustees;  also  provided,  that 
for  violations  of  the  same  a  person  may  be  fined  or  excluded  from  the 
privileges  of  the  library. 

Loan  of  books. 

§  16.  Boards  of  library  trustees  and  the  boards  of  trustees  of  neigh- 
boring library  districts,  or  the  legislative  bodies  of  neighboring  munici- 
palities, or  boards  of  supervisors  of  the  counties  in  which  public  libraries 
are  situated,  may  contract  to  lend  the  books  of  such  libraries  to  resi- 
dents of  such  counties  or  neighboring  municipalities,  or  library  dis- 
tricts, upon  a  reasonable  compensation  to  be  paid  by  such  counties, 
neighboring  municipalities,  or  library  districts. 

Title  to  library  property. 

§  17,  The  title  to  all  property  acquired  for  the  purposes  of  such 
libraries,  when  not  inconsistent  with  the  terms  of  its  acquisition,  or  not 
otherwise  designated,  shall  vest  in  the  district  in  which  such  libraries 
are,  or  are  to  be  situated.  Every  library  district  must  be  designated  by 
the  name  and  style  of  library  district,  (using  the  name  of  the  dis- 
trict),  of   county,    (using   the   name   of   the    county   in   which   said 

district   is    situated) ;    and   in   that   name    the   trustees   may   sue   and    be 
sued,  and  may  hold  and  convey  property  for  the  use  and  benefit  of  such 


Act  1249,  §§  18-24  GENERAL  LAWS.  408 

district.     A   number  must  not  be  used  as  a  part   of   the  designation   of 
any  library  district. 

Election  for  trustees. 

§  18.  An  election  for  library  trustees  must  be  held  in  each  library 
district,  annually,  at  the  public  library,  if  there  is  one,  and  if  there  is 
none,  at  the  place  to  be  designated  by  the  board  of  trustees;  for  the 
election  of  one  library  trustee,  who  shall  hold  office  for  three  years 
dating  from  the  first  day  of  July  next  succeeding  his  election,  or  until 
his  successor  shall  be  elected,  or  appointed  and   qualified. 

Wumlser  of  trustees. 

§  19.  The  number  of  library  trustees  for  any  library  district  estab- 
lished under  the  provisions  of  this  act,  shall  be  three. 

Notice  of  election. 

§20.  Not  less  than  ten  days  before  the  election  required  in  section 
eighteen  of  this  act,  the  trustees  must  post  notices  in  three  public 
I^laces  in  the  district,  one  of  which  places  shall  be  the  public  library; 
which  notices  must  specify  the  time  and  place  of  election,  and  the 
hours  during  which  the  polls  will  be  kept  open;  if  within  five  days  of 
holding  the  election  the  trustees  have  failed  to  post  the  notices  required 
under  this  section,  then  any  three  electors  of  the  district  may  give 
notice. 

Conduct  of  election. 

§  21.  Boards  of  trustees  must  appoint  one  inspector  -and  two  judges 
to  conduct  the  said  election;  if  none  are  so  appointed,  or,  if  those  ap- 
pointed are  not  present  at  the  opening  of  the  polls,  the  electors  present 
may  appoint  them,  and  they  shall  conduct  the  election.  Any  member 
of  the  board  of  library  trustees  is  hereby  qualified  to  administer  the 
oath  and  swear  in  the  election  officers. 

Polls,  opening  and  closing. 

§22.  In  library  districts  with  a  population  of  ten  thousand  or  over, 
the  polls  must  be  open  at  eight  o'clock  A.  M.,  and  kept  open  until  seven 
o'clock  P.  M.;  in  districts  where  the  population  is  less  than  ten  thou- 
sand the  polls  must  not  be  opened  before  one  o'clock  P.  M.,  and  must 
be  kept  open  not  less  than  six  hours. 

Electors,  (lualifications  of. 

§  23.  Every  elector,  resident  of  the  library  district,  who  is  a  quali- 
fied elector  of  the  county,  and  who  is  registered  in  the  district  where 
the  election  is  held  at  least  thirty  days  before  the  election,  may  vote 
thereat. 

Voting. 

§  24.  Voting  must  be  by  ballot  (without  reference  to  the  general 
election  law  in  regard  to  nominations,  form  of  ballot,  or  manner  of 
voting),  which  shall  be  handed  by  the  elector  voting  to  the  inspector, 


409  FREE  LIBRARIES.  Act  1219,  5  §  23-30 

who  shall  then,  in  his  presence,  deposit  the  same  in  the  ballot-box,  and 
the  judges  shall  enter  the  elector's  name  on  the  polMist. 

Challenges. 

§25.  Any  person  offering  to  vote  may  be  challenged  by  any  elector 
of  the  district,  and  the  judges  of  election  must  thereupon  administer  to 
the  person  challenged  an  oath,  in  substance  as  follows:  "You  do  swear 
that  you  are  a  citizen  of  the  United  States,  that  you  are  twenty-one 
years  of  age,  that  you  have  resided  in  this  state  one  year,  in  this  county 
ninety  days,  and  in  this  library  district  thirty  days  preceding  this 
election,  and  that  your  name  is  on  the  great  register  of  this  county  and 
was  on  the  great  register  of  a  precinct  of  this  library  district  at  least 
thirty  days  before  this  election,  and  that  you  have  not  before  voted 
this  day."  If  he  takes  the  oath  prescribed  in  this  section,  his  vote 
must  be  received,  otherwise  his  vote  must  be  rejected. 

Poll-lists. 

§  26.  A  poll  and  tally  list  must  be  kept  and  must  be  returned  to  the 
board  of  library  trustees. 

Canvass  of  votes. 

§  27.  The  officers  of  election  must  publicly  canvass  the  votes  imme- 
diately after  closing  the  polls,  and  make,  sign,  and  deliver  certificates 
of  election  to  the  person  elected,  which  must,  with  the  oath  of  office 
of  the  person  so  elected  attached,  be  forwarded  to  the  county  clerk  and 
filed  in  his  office. 

Bonds,  election  for. 

§  28.  The  board  of  trustees  of  any  library  district  may,  when  in  their 
judgment  it  is  deemed  advisable,  and  must,  upon  a  petition  of  fifty  or 
more  taxpayers  and  residents  of  said  library  district,  call  an  election 
and  submit  to  the  electors  of  the  district,  whether  the  bonds  of  such 
district  shall  be  issued  and  sold  for  the  purpose  of  raising  moucy  for 
the  purchase  of  suitable  lots,  of  procuring  plans  and  specifications  and 
of  erecting  a  suitable  building,  of  furnishing  and  equipping  the  same, 
and  of  fencing  and  ornamenting  the  grounds,  for  the  accommodation 
of  the  public  library,  or  for  any  or  all  of  the  said  purposes,  or  for  any 
or  all  of  the  purposes  of  this  act;  for  liquidating  any  indebtedness  in- 
curred for  said  purposes,  and  for  refunding  any  outstanding  valid  in- 
debtedness, evidenced  by  bonds  or  warrants  of  the  district. 

Notice  of  bond  election. 

§29.  Such  election  must  be  called  by  posting  notices,  signed  by  the 
board,  in  three  of  the  most  public  places  in  the  district,  for  not  less 
than  twenty  days  before  the  election;  and  if  there  is  a  newspaper  pub- 
lished in  the  district,  or  if  not,  a  newspaper  published  in  the  county,  by 
publishing  such  notice  therein  not  less  than  once  a  week  for  three  suc- 
cessive weeks. 

What  notice  must  contain. 

§30.     Such  notice  must  contain: 

1.  Time  and  place  of  holding  such  election; 


Act  1249,  §§  31-35  GENERAL  LAW3.  410 

2.  The   names  of  inspectors   and  judges  to   conduct   the  same; 

3.  The  hours  during  the  day  in  which  the  polls  will  be  open; 

4.  The  amount  and  denomination  of  the  bonds,  the  rate  of  interest 
and  the  number  of  years,  not  exceeding  forty,  the  whole  or  any  part  of 
said  bonds  are  to  run. 

Conduct  of  election. 

§31.  The  election  shall  be  conducted  in  accordance  with  the  provisions 
of  sections  twenty-one,  twenty-two,  twenty-three,  twenty-five,  twenty- 
six,  twenty-seven,  of  this  act,  in  so  far  as  they  are  applicable  to  the 
election  for  bonds. 

Voting. 

§  32.  Voting  must  be  by  ballot  (without  reference  to  the  general 
election  law  in  regard  to  form  of  ballot,  or  manner  of  voting),  except 
that  the  words  to  appear  on  the  ballot  shall  be,  "Bonds — Yes,"  and 
"Bonds — No,"  and  except  further,  that  persons  voting  at  such  bond 
election  shall  put  a  cross  (X)  upon  their  ballots,  with  pencil  or  ink, 
after  the  words  "Bonds — Yes,"  or  "Bonds — No,"  (as  the  case  may  be) 
to  indicate  whether  they  have  voted  for  or  against  the  issuance  of  the 
bonds;  which  said  ballot  shall  be  handed  by  the  elector  voting  to  the 
inspector,  who  shall  then,  in  his  presence,  deposit  the  same  in  the  ballot 
box,  and  the  judges  shall  enter  the  elector's  name  on  the  poll-list. 

Canvass  of  returns. 

§  33.  On  the  seventh  day  after  said  election,  at  eight  o'clock  P.  M., 
the  returns  having  been  made  to  the  board  of  trustees,  the  board  must 
meet  and  canvass  said  returns,  and  if  it  appears  that  a  majority  of  the 
votes  cast  at  said  election  was  in  favor  of  issuing  such  bonds,  then 
the  board  shall  cause  an  entry  of  such  fact  to  be  made  upon  its  minutes 
and  shall  certify  to  the  board  of  supervisors  of  the  county,  all  the 
proceedings  had  in  the  premises,  and  thereupon  said  board  of  super- 
visors shall  be  and  they  are  hereby  authorized  and  directed  to  issue 
the  bonds  of  said  district,  to  the  number  and  amount  provided  in  such 
proceedings,  payable  out  of  the  building  fund  of  such  district,  naming  the 
same,  and  that  the  money  shall  be  raised  by  taxation  upon  the  taxable 
property  in  said  district,  for  the  redemption  of  said  bonds  and  the  pay- 
ment of  the  interest  thereon;  provided,  that  the  total  amount  of  bonds 
so  issued  shall  not  exceed  five  per  cent  of  the  taxable  property  of  said 
district,  as  shown  by  the  last  equalized  assessment-book  of  the  county. 

Form  of  bonds. 

§  34.  The  board  of  supervisors  by  an  order  entered  upon  its  minutes 
shall  prescribe  the  form  of  said  bonds  and  of  the  interest  coupons 
attached  thereto,  and  must  fix  the  time  when  the  whole  or  any  part  of 
the  principal  of  said  bonds  shall  be  payable,  which  shall  not  be  more 
than  forty  years  from  the  date  thereof. 

Interest. 

§  35.  Said  bonds  must  not  bear  a  greater  amount  of  interest  than 
six  per  cent,  said  interest  to  be  payable  annually  or  semiannually;  and 


411  FREE  LIBRARIES.  Act  1249,  §§  36,  37 

said  boncis  must  be  sold  in  the  manner  prescribed  by  the  board  of  super- 
visors, but  for  not  less  than  par,  and  the  proceeds  of  the  sale  thereof 
must  be  deposited  in  the  county  treasury  to  the  credit  of  the  building 
fund  of  said  library  district,  and  be  drawn  out  for  the  purposes  afore- 
said as  other  library  moneys  are  drawn  out. 

Tax  levy,  for  interest  and  redemption. 

§  36.  The  board  of  supervisors,  at  the  time  of  making  the  levy  of 
taxes  for  county  purposes,  must  levy  a  tax  for  that  year  upon  the  tax- 
able property  in  such  district,  at  the  equalized  assessed  value  thereof 
for  that  year,  for  the  interest  and  redemption  of  said  bonds,  and  such 
tax  must  not  be  less  than  sufficient  to  pay  the  interest  of  said  bonds 
for  that  year,  and  such  portion  of  the  principal  as  is  to  become  due 
during  such  year,  and  in  any  event  must  be  high  enough  to  raise,  annu- 
ally, for  the  first  half  of  the  term  said  bonds  have  to  run,  a  sufficient 
sum  to  pay  the  interest  thereon,  and  during  the  balance  of  the  term, 
high  enough  to  pay  such  annual  interest  and  to  pay,  annually,  a  pro- 
portion of  the  principal  of  said  bonds  equal  to  a  sum  produced  by 
taking  the  whole  amount  of  said  bonds  outstanding  and  dividing  it  by 
the  number  of  years  said  bonds  then  have  to  run,  and  all  moneys  so 
levied,  when  collected,  shall  be  paid  into  the  county  treasury  to  the 
credit  of  the  said  library  district,  and  be  used  for  the  payment  of  prin- 
cipal and  interest  on  said  bonds,  and  for  no  other  purpose.  The  prin- 
cipal and  interest  on  said  bonds  shall  be  paid  by  the  county  treasurer, 
upon  the  warrant  of  the  county  auditor,  out  of  the  fund  provided  there- 
for; and  it  shall  be  the  duty  of  the  county  auditor  to  cancel  and  file 
with  the  county  treasurer  the  bonds  and  coupons  as  rapidly  as  they  are 
paid. 

Unsold  bonds,  disposition  of. 

§  37.  Whenever  any  bonds  issued  under  the  provisions  of  this  act 
shall  remain  unsold  for  the  period  of  six  months  after  having  been 
offered  for  sale  in  the  manner  prescribed  by  the  board  of  supervisors, 
the  board  of  trustees  of  the  library  district  for  or  on  account  of  which 
said  bonds  were  issued,  or  of  any  library  district  composed  wholly  or 
partly  of  territory  which,  at  the  time  of  holding  the  election  author- 
izing the  issuance  of  such  bonds,  was  embraced  within  the  district  for 
or  on  account  of  which  such  bonds  were  issued,  may  petition  the  board 
of  supervisors  to  cause  such  unsold  bonds  to  be  withdrawn  from  market 
and  canceled.  Upon  receiving  such  petition,  signed  by  a  majority  of 
the  members  of  said  board  of  trustees,  the  supervisors  shall  fix  a  time 
for  hearing  the  same,  which  shall  be  not  more  than  thirty  days  there- 
after, and  shall  cause  a  notice,  stating  the  time  and  place  of  hearing, 
and  the  object  of  the  petition  in  general  terms,  to  be  published  for  ten 
days  prior  to  the  day  of  hearing,  in  some  newspaper  published  in  said 
library  district,  if  there  is  one,  and  if  there  is  no  newspaper  published 
in  said  library  district,  then  in  a  newspaper  published  at  the  county 
seat  of  the  county  in  which  said  library  district  or  part  thereof  is  situ- 
ated. At  the  time  and  place  designated  in  the  notice  for  hearing  said 
petition,  or  at  any  subsequent  time  to  which  said  hearing  may  be  post- 


Act  1250  GENERAL  LAWS.  412 

poned,  the  supervisors  shall  hear  any  reasons  that  may  be  submitted 
for  or  against  the  granting  of  the  petition,  and  if  they  shall  deem  it 
for  the  best  interests  of  the  library  district  named  in  the  petition  that 
such  unsold  bonds  be  canceled,  they  shall  make  and  enter  an  order  in 
the  minutes  of  their  proceedings  that  said  unsold  bonds  be  canceled, 
and  thereupon  said  bonds,  and  the  vote  by  which  they  were  authorized 
to  be  issued,  shall  cease  to  be  of  any  validity  whatever. 

Dissolution  of  district. 

§  38.  The  district  may  at  any  time  be  dissolved  upon  the  vote  of  two- 
thirds  of  the  qualified  electors  thereof,  upon  an  election  called  by  the 
library  trustees  of  such  district,  upon  the  question  of  dissolution.  Such 
election  shall  be  called  and  conducted  in  the  same  manner  as  other 
elections  of  the  district.  Upon  such  dissolution,  the  property  of  the 
district  shall  vest  in  any  incorporated  town  or  city  that  may  at  such 
time  be  in  occupation  of  a  major  portion  of  the  territory  of  such  library 
district  and  including  within  its  town  or  city  limits  the  property  .and 
buildings  wherein  the  library  is  situated;  and  if  there  be  no  such  in- 
corporated town  or  city,  then  the  property  shall  be  vested  in  the  board 
of  supervisors  of  the  county  until  the  formation  of  such  a  town  or  city; 
provided,  however,  that  if,  at  the  time  of  such  election  to  dissolve  such 
district,  there  be  any  outstanding  bonded  indebtedness  of  such  district, 
the  vote  to  dissolve  such  district  shall  dissolve  the  same  for  all  pur- 
poses excepting  only  the  levy  and  collection  of  taxes  for  the  payment 
of  such  indebtedness;  and  from  the  time  such  district  is  thus  dissolved 
until  such  bonded  indebtedness,  with  the  interest  thereon,  is  fully  paid, 
satisfied  and  discharged,  the  legislative  authority  of  such  incorporated 
town  or  city,  or  the  board  of  supervisors,  if  there  be  no  such  incorpo- 
rated town  or  city,  is  hereby  constituted  ex  officio  the  library  board  of 
such  district.  And  it  is  hereby  made  obligatory  upon  such  board  to 
levy  such  taxes  and  perform  such  other  acts  as  may  be  necessary  in 
order  to  raise  money  for  the  payment  of  such  indebtedness,  and  the 
interest  thereon,  as  herein  provided. 

§  39.  All  acts  or  parts  of  acts  conflicting  with  the  provisions  of  this 
act  are  hereby  repealed. 

§  40.     This  act  shall  take  effect  immediately. 

ACT  1250. 

An  act  to  authorize  the  deposit  of  certain  newspaper  files  kept  in  re- 
corders' offices,  in  free  public  libraries. 
[Approved  March  19,  1909.     Stats.  1909,  p.  436.] 
§1.     The   county   boards   of   supervisors   of   the   several   counties   may 
authorize   the   recorders   of   their   several   counties   to   deposit   with    any 
free  public  library  maintained  at  the  county  seat  such  newspaper  files, 
or  portions  thereof,  as  may  be  in  the  custody  of  such  recorders  by  virtue 
of  an  act  approved  April  8,  18G2,  and  entitled  "An  act  for  the  purchase 
and    preservation    of    public    newspapers,    printed    and    published    in    the 
several  counties  of  this  state,"  or  by  virtue  of  any  other  act. 


413  FRESNO   CITY— FRESNO  COUNTY.  Acts  1251-1264 

§2.  Before  making  such  deposit,  the  said  board  of  supervisors  shall 
obtain  from  the  board  of  trustees  or  other  authorities  in  charge  of  such 
free  public  library  an  agreement  that  they  will  properly  preserve  and 
care  for  such  newspaper  files,  and  make  them  accessible  to  the  public. 

TITLE  184. 
FEESNO  CITY. 
ACT  1251. 

Fresno,  town  of,  aud  Merced,  city,  protection  against  fire.     [Stats.  1877- 
78,  p.  214.] 
Superseded  as  to  that  city  by  the  charter  of  Fresno,   1901,  p.  833. 

ACT  1252. 

Charter   of  Fresno.     [Approved   January   28,   1901.     Stats.    1901,   p.   832. 
Amended  1905,  p.  1026.] 
Cal.  151/467. 

ACT  1253. 

Preventing  certain  animals  and  fowls  from  running  at  large  within  the 
limits  (if  Fresno  City.     [Stats.  1875-76,  p.  57.] 
Repealed  1897,  p.  198. 

TITLE  185. 
FRESNO  COUNTY. 
ACT  1258. 

County  seat,  locating.     [Stats.  1873-74,  p.  913.] 
ACT  1259. 

County  auditor  and  county  recorder,  separation  of  offices  for,  and  regu- 
lation of  official  salaries  in.     [Stats.   1875-76,  p.   151.] 
Amended    1875-76,    p.    368;    1877-78,    p.    104.     Repealed    by    County    Govern- 
ment Act,  1897,  p.  535,  §  166. 

ACT  1260. 

Funds    for    improvement   of    courthouse    and    county   hospital   grounds 

[Stats.  1877-78,  p.  174.] 
ACT  1261. 

Authorizing  transfer  of  funds.     [Stats.  1875-76,  p.  249.] 
Superseded   by   subd.    18,  §  25,    County   Government   Act,  1897,    p.  463. 

ACT  1262. 

To  reduce  the  number  of  judges  of  the  superior  court  of  from  three  to 

two.     [Stats.  1895,  p.  156.] 
ACT  1263. 

To  increase  the  number  of  superior  judges  of.     [Stats.  1887,  p.  57.] 

ACT  1264. 

For  the  appointment  of  an  additional  judge  for.     [Stats.  1893,  p.   125.] 


Acts  1265-1278  GENERAL  LAWS.  414 

ACT  1265. 

To  provide  for  the  maintenance   and   construction   of  roads   in.     [Stats. 
1877-78,  p.  859.] 
Repealed  1883,  p.  5,  c.  X,  §  2. 

ACT  1266. 

Issuance   of  bonds  for   the  construction   of   certain  roads  and  bridges. 
[Stats.  1877-78,  p.  395.] 

ACT  1267. 

To  repeal  all  special  laws  in  and  to  apply  the  provisions  of  the  Political 
Code  relating  to  roads  and  highways.     [Stats.  1873-74,  p.  342.] 

ACT  1268. 

Promoting  sanitary  conditions  in   towns   and  villages.     [Stats.    1877-78, 
p.  383.] 
See  subd.  20,  §  25,  County  Government  Act,   1897,  p.  464. 

ACT  1269. 

Tax  collectors  of,  bonds  of.     [Stats.  1875-76,  p.  16.] 
Repealed   by   County   Government   Act,    1897,   p.  475,  §  66. 

ACT  1270. 

Treasurer  of,  salary  of.     [Stats.  1873-74,  p.  236.] 
Amended  1877-78,  p.  255.    Repealed  by  County  Government  Act,  1897,  p.  452. 

ACT  1271. 

Creating   board   of  water   commissioners   for.     [Stats.   1805-66,  p.   777.] 
Amended  1875-76,  p.  547. 

ACT  1272. 

Water  ditches  and  water  privileges  in.     [Stats.  1875-76,  p.  547.] 

TITLE  186. 

FUNDS. 
ACT  1277. 

Authorizing  transfer  to  the  general  fund  of  money  in  other  funds  of  the 
state  treasury.     [Stats.  1871-72,  p.  475.] 
This  act  provided  that  when  the  general  fund  was  exhausted,  moneys  in  other 
funds  not  needed  in  such  funds  could  be  transferred  to  it. 

ACT  1278. 

Authorizing  the   governor  to   order  the  transfer  to   the  general   fund  of 
any  money  that  may  be  in  other  funds  of  the  state  treasury,  and  the 
return  thereof  to  such  funds.     [Stats.  1899,  p.  156.] 
Superseded  by  Political  Code,  §  444. 


415  FUNDS,  Acts  1279-1284 

ACT  1279. 

Requiring  the  payment  into  the  state  treasury  of  all  moneys  belonging 
to  the  state,  received  by  state  institutions,  commissions,  and  otlicers, 
and  directing  the  disposition  of  the  proceeds.  [Stats.  1899,  p.  110.] 
Amended  1905,  p.  382;   1906,  p.  43;   see  Act  1284. 

ACT  1280. 

Providing  for  the  payment  of  moneys  in  the  state  treasury  to  the  credit 
of  the  swamp  land  fund,  to  the  treasurers  of  the  counties  wherein  the 
said  swamp  land  districts  are  situated,  and  to  provide  for  the  control 
of  the  same  by  the  auditor  and  treasurer  of  said  counties,  and  pre- 
scribing the  duties  of  the  controller  and  treasurer  in  relation  thereto. 
[Stats.  1891,  p.  243.] 
Citations.     Cal.  119/514. 

ACT  1281. 

Authorizing  controller  and  treasurer  to  transfer  certain  moneys  in  cer- 
tain other  funds  to  the  general  fund.     [Stats.  1893,  p.  6.] 

ACT  1282. 

Authorizing   the   treasurer   and   controller   to   transfer   moneys   from   the 
state  drainage  construction  fund  to  the  general  fund.     [Stats.  J 891, 
p.  237.] 
See  Act  984,  ante. 

ACT  1283. 

To  authorize   the   controller  and   treasurer  to  transfer  moneys  from  the 

construction  fund   of  Drainage  District  No.  1  to   the  general  fund. 

[Stats.  1891,  p.  279.] 

-  ACT  1284. 

An  act  authorizing  the  investment  and  reinvestment  and  disposition  of 
any  moneys  in  any  sinking  fund  of  any  county,  city  and  county,  or 
incorporated  city  or  town. 

[Approved  March  3,   1909.     Stats.   1909,  p.  139.] 

§1.  Any  county,  city  and  county  or  incorporated  city  or  town,  which 
now  has  or  hereafter  shall  have  any  moneys  in  any  sinking  fund  estab- 
lished for  the  purpose  of  providing  for  the  payment  of  the  principal  or 
interest  of  any  bonded  or  other  indebtedness,  or  for  any  other  purpose, 
is  hereby  authorized  to  invest  any  such  moneys  temporarily  in  any  bonds 
already  issued  or  hereafter  issued  of  such  county,  city  and  county  or 
incorporated  city  or  town,  respectively,  or  in  bonds  alrearly  issued  or 
hereafter  issued  of  any  school  district  situated,  in  whole  or  in  part, 
within  the  limits  of  such  county,  city  and  county  or  incorporated  city 
or  town,  or  in  bonds  already  issued  or  hereafter  issued  of  the  state  of 
California  or  of  the  United  States,  and  such  investment  may  be  made 


Act  1285  GENERAL  LAWS.  413 

by  direct  purchase  of  any  issue  of  bonds,  or  part  thereof,  at  the  original 
sale  of  such  bonds,  or  by  the  purchase  of  such  bonds  after  they  have 
been  thus  issued.  Any  bonds  thus  purchased  and  held  in  any  such 
sinking  fund  may,  from  time  to  time,  be  sold  and  the  proceeds  tem- 
porarily reinvested  in  bonds  as  above  provided.  Sales  of  any  bonds 
thus  purchased  and  held  in  a  sinkiug  fund  shall,  from  time  to  time, 
be  made  in  season  so  that  the  proceeds  may  be  applied  to  the  purposes 
for  which  the  sinking  fund  was  created. 

§2.  The  functions  and  duties  in  this  act  authorized  shall  be  pe?-- 
formed  by  the  legislative  or  governing  body  of  the  county,  city  ana 
county  or  incorporated  city  or  town,  or  under  its  authority. 

§  3.     This  act  shall  take  effect  immediately. 

ACT  1285. 

An  act  to  provide  for  and  regulate  the  deposit  of  county  and  municipal 
moneys  in  banks  and  banking  corporations,  limiting  the  aniuiint  of 
public  moneys  that  may  be  deposited  therein,  and  providing  a  pen- 
alty for  the  illegal  deposit  and  use  thereof. 

[Approved  March  23,  1907.     Stats.  1907,  p.  974.] 

Deposit  of  public  moneys,  other  than  state,  in  banks.     Security  recLuired. 

§  1.  All  moneys  belonging  to  any  county  or  municipality  within  thr 
iBtate,  may  be  deposited  by  any  officer  of  such  county  or  municipality 
having  the  legal  custody  of  such  county  or  municipal  funds  in  any 
licensed  national  bank,  or  banks,  within  this  state,  or  in  any  bank,  banks 
or  corporations  authorized  and  licensed  to  do  a  banking  business,  and 
organized  under  the  laws  of  this  state,  provided  that  such  bank  or 
banks  in  which  such  moneys  are  deposited  shall  furnish  as  security  for 
such  deposits,  bonds  of  the  United  States,  or  of  this  state,  or  of  any 
county,  municipality  or  school  district  within  tliis  state,  approved  by 
the  officer  making  the  deposit  and  the  district  attorney  for  the  county 
or  city  attorney  for  the  municipality  to  which  the  deposit  belongs. 
The  market  value  of  the  bonds  furnished  as  security,  shall  be  at  )least 
ten  per  cent  in  excess  of  the  amount  of  the  deposit  secured  thereby;  but 
the  amount  of  the  deposit  shall  in  no  case  exceed  the  face  value  of  the 
bonds  furnished  as  security  therefor;  and  provided  that  such  bank,  or 
banks,  shall  pay  a  reasonable  rate  of  interest,  not  less  than  two  per 
cent  per  annum  on  the  daily  balances  therein  deposited. 

Rate  of  interest  to  be  fixed,  when. 

§  2.  The  rate  of  interest  shall  be  fixed  annually  as  herein  provided 
in  the  month  of  January  of  each  year  on  all  deposits  to  be  made  for 
such  year;  provided,  that  the  rate  of  interest  for  the  year  ending  De- 
cember 31,  1907,  may  be  fixed  as  herein  provided  within  ninety  days 
after  this  act  goes  into  effect.  The  rate  of  interest  shall  be  fixed  in 
the  case  of  counties,  by  the  treasurer,  auditor,  and  chairman  of  the 
board  of  supervisors,  and  in  the  case  of  municipalities  by  the  treasurer, 
auditor,  (or  clerk  in  municipalities  having  no  auditor)   and  chairman  of 


417  FUNDS.  Act  1285,  5§  3-7 

the  council  or  other  governing  body  of  such  municipality.  Said  rate  of 
interest  shall  be  a  reasonable  rate  and  not  less  than  two  per  cent  per 
annum  on  the  daily  balances  deposited;  and  the  rate  of  interest  so 
established  for  each  year  as  herein  provided,  shall  be  the  uniform  rate 
of  interest  required  from  all  banks  receiving  deposits  from  the  county 
or  municipality,  for  that  year. 

Interest  on  all  moneys  deposited  as  herein  provided  for  shall  belong 
to  the  county  or  municipality  represented  by  the  officer  making  such 
deposit  and  shall  be  paid  quarterly  into  the  general  fund  of  such  county 
or  municipality  except  where  the  law  otherwise  directs. 

Eeceipt  for  deposit. 

§  3.  It  shall  be  the  duty  of  the  officer  making  the  deposit,  to  receive 
from  the  bank  in  which  the  deposit  is  made,  a  receipt  or  receipts  in 
duplicate  showing  the  date  and  amount  of  deposit  and  rate  of  interest 
to  be  paid  thereon,  one  copy  of  which  said  officer  shall  keep  on  file  in 
his  office  and  he  shall  file  one  copy  with  the  auditor  of  the  county  or 
auditor  of  the  municipality  (or  clerk  in  municipalities  having  no  audi- 
tor)  as  the  case  may  be. 

Record  of  deposits. 

§  4.  Every  treasurer  shall  keep  a  record  in  his  office  which  shall  be 
open  to  public  inspection,  showing  at  all  times  the  amount  of  money 
on  deposit  and  all  banks  in  which  the  same  is  deposited,  and  dates  of 
deposit.  Also  a  record  of  all  banks  making  application  for  the  deposit 
of  the  public  funds. 

Amount  that  may  be  deposited. 

§5.  The  total  amount  of  public  moneys  on  deposit  in  any  bank,  shall 
not  at  any  one  time  exceed  fifty  per  cent  of  the  paid  up  capital  stock 
of  such  depositary  bank  or  banks.  No  officer  shall  have  on  deposit  at 
any  one  time  more  than  ten  per  cent  of  the  public  moneys  under  his 
control  and  available  for  deposit  in  any  bank  while  there  are  other 
qualified  banks  requesting  such  deposits;  provided,  that  no  treasurer  of 
a  county  or  municipality,  shall  be  required  to  deposit  public  moneys  in 
any  bank  outside  of  the  county  owning  the  money  or  in  which  the 
municipality  is  situated. 

Receipts  to  be  coimted  as  cash. 

§  6.  The  receipt  issued  by  any  bank  for  deposits  made  therein,  to- 
gether with  the  bonds  held  as  security  therefor,  shall  be  held  by  the 
treasurer  making  the  deposit  and  be  recognized  and  counted  as  cash  to 
the  amount  recited  in  the  receipt  by  the  officers  required  by  law  to 
count  the  same. 

Deposits  subject  to  call. 

§  7.     Deposits,   with   interest   thereon,   shall   be   subject   to   withdrawal 

on  demand  of  the  treasurer  making  the  same,  or  his  successors  in  office, 

and  any  bank  receiving  the  deposit  of  public  moneys,  may  at  any  time 

return  "the    same    to    the    public    officer   making    such    deposit,    together 

Gen.  Laws — 27 


Act  1285,  §§  8-11  GENERAL  LAWS.  418 

with  interest  to  date  of  return,  and  it  shall  be  the  duty  of  the  public 
officer  upon  receiving  the  return  of  such  deposit,  to  immediately  re- 
turn to  such  bank  all  bonds  held  as  security  for  the  deposit  returned. 
When  any  officer  withdraws  his  deposit  he  shall  return,  on  demand  of 
the  bank,  such  bonds  as  were  held  as  security  for  the  deposit  or  por- 
tion thereof  withdrawn. 

On  failure  of  bank  to  repay,  security  to  be  sold. 

§  8.  Should  any  bank  fail  to  pay  any  public  moneys  held  on  deposit 
as  herein  provided,  the  officer  making  such  deposit  may,  after  ten  days' 
written  notice  to  such  bank,  proceed  to  sell  at  public  or  private  sale, 
such  of  the  bonds  held  by  him  as  security  as  he  may  see  fit;  provided, 
however,  that  he  shall  sell  no  bonds  for  less  than  their  face  value  ex- 
cept at  public  sale  after  ten  days'  printed  notice  in  some  newspaper 
of  general  circulation  published  in  the  county  where  the  sale  is  to  take 
place.  The  proceeds  of  such  sale,  after  paying  all  expenses,  shall  be 
credited  to  the  account  of  the  bank  which  deposited  the  bonds  as  col- 
lateral. Any  bank  failing  to  make  payment,  may,  at  any  time  before 
the  sale  of  the  bonds  is  completed,  stop  such  sale  by  repaying  all  the 
moneys  deposited  with  it,  together  with  any  expense  that  may  have 
been  incurred  by  the  officer  making  such  deposit,  as  the  result  of  such 
failure.  Should  the  proceeds  of  any  such  sale  fail  to  fully  repay  any 
deposit,  the  balance  remaining  unpaid  may  be  collected  in  an  action  of 
law  in  the  name  of  the  officer  making  the  deposit. 

Public  officials  not  responsible  for  loss. 

§  9.  Public  officials  shall  not  be  responsible  for  any  loss  of  public 
moneys  resulting  from  the  deposit  thereof  when  made  in  accordance 
with  the  provisions  of  this  act.  It  shall  be  the  duty  of  the  officer  mak- 
ing the  deposit  to  safely  keep  all  evidence  of  indebtedness  issued  by 
banks  for  deposits  made  therein,  and  bonds  deposited  for  security  and 
such  public  officer  shall  be  responsible  for  such  evidence  of  indebted- 
ness, and  for  bonds  held  as  security  therefor,  together  with  the  inter- 
est thereon  and  the  proceeds  of  any  sale  of  such  bonds;  and  the  city, 
county  or  municipality  for  which  said  officer  acts,  shall  be  responsible 
to  such  bank  for  the  safe  return  of  the  securities  furnished  by  it  to 
such  officer. 

Transportation  of  moneys. 

§  10.  The  expenses  of  transportation  of  moneys  to  or  from  the  state, 
county  or  municipal  treasuries  to  such  depositaries  shall  be  borne  by 
such  depositaries. 

Violation  of  act  a  felony. 

§  11.  The  making  of  profit  out  of  county,  city,  town  or  other  public 
moneys,  or  using  the  same  for  any  purpose  not  authorized  by  law  by 
any  officer  having  possession  or  control  thereof,  shall  be  a  felony.  Any 
violation  of  the  provisions  of  this  act  by  a  bank  or  a  banking  corpora- 
tion, shall  be  punishable  by  a  fine  not  exceeding  five  hundred  dollars 
for  each  offense  and  the  officers  of  such  bank  or  banking  corporation 
and  officer  receiving  such  deposit  shall  be  guilty  of  a  felony. 


419  FUNPS.  Acts  1286-1290 

Present  laws  not  abrogated. 

§  12.  Nothing  in  this  act  contained  shall  prevent  any  county  or 
municipality  within  this  state  from  buying  bonds  or  otherwise  i^nvest- 
ing  its  money  in  any  manner  now  provided  by  law  and  nothing  herein 
contained  as  to  the  disposition  of  interest  on  public  moneys  deposited 
shall  apply  to  any  money  received  or  held  by  any  county  or  municipal- 
ity wherein  any  law  provides  for  the  payment  of  interest  or  profit 
thereon,  into  any  particular  fund. 

§  13.  All  acts  or  parts  of  acts  in  conflict  with  this  act  are  hereby 
repealed. 

§  14.     This  act  shall  take  effect  immediately. 
Citations.     Cal.  152/6. 

ACT  1286. 

An  act  to  provide  for  the  loan  from  the  school  land  fund  to  the  state 
of  California  of  the  sum  of  two  hundred  fifty  thousand  dollars, 
providing  for  the  transfer  of  said  amount  from  the  school  land 
fund  to  the  general  fund  and  for  the  repayment  of  said  amount 
with  interest  thereon,  and  authorizing  the  controller  to  transfer 
moneys  from  the  school  land  fund  to  the  general  fund  and  from 
the  general  fund  to  the  school  land  fund  and  from  the  general 
fund  to  the  state  school  fund  to  carry  out  the  purposes  of  this 
act.     [Approved    March   20,    1907.     Stats.    1907,   p.   752.] 

ACT  1287. 

An  act  to  convert,  transfer  and  return  to  the  general  fund  of  the  state 
treasury,  all  unexpended  moneys  heretofore  appropriated  for  the 
care,  management  or  improvement,  or  for  any  other  purpose,  with 
reference  to  the  "Yosemite  Valley  and  Mariposa  Big  Tree  Grove" 
or  any  money  which  may  be  or  hereafter  come  into  the  Yosemite 
Valley  and  Mariposa  Big  Tree  Grove.  [Approved  March  15,  1907. 
Stats.  1907,  p.  2G8.] 

ACT  1288. 

An  act  authorizing  the  transfer  of  moneys  from  the  salary  fund  of  the 
state  Normal  School  at  San  Francisco  to  the  printing  fund  of  said 
school.     [Approved  March  19,  1907.     Stats.  1907,  p.  687.] 

ACT  1289. 

An  act  authorizing  the  payment  into  the  general  fund  of  the  state 
treasury  of  moneys  held  for  the  redemption  of  certain  courions  of 
the  civil  bonds  of  1857  and  providing  for  the  redemption  of  said 
coupons.     [Approved   April   12,   1909.     Stats.    1909,   p.   842.] 

ACT  1290. 

An  act  authorizing  the  payment  into  the  general  fund  of  the  state 
treasury  of  moneys  held  for  the  redemption  of  certain  coupons  of 
the  Central  Pacific  Eailroad  bonds  of  1864  and  providing  for  the 
redemption  of  said  coupons.  [Approved  April  12,  1909.  Stats. 
1909,  p.  843.] 


Acts  1291-1297  GENERAL  LAWS.  420 

TITLE  187. 
GALLINAS  SLOUGH. 
ACT  1291. 

Gallinas  Slough  or  Creek,  in  Marin  County,  declared  navigable.     [Stats. 
1875-76,  p.  4S5.] 
"Repealed  by  Pol.  C,  §  2349  as  amended  in  1891.     Renewed  by  Pol.  C,  §  2349 
as  amended  ia  1907." — Code  Commissioners'   Note. 

TITLE  188. 
GAMING. 
ACT  1293. 

To   suppress   gaming.     [Stats.    1S55,   p.   124.] 
Superseded  by  Penal  Code,  §§  330-337. 

ACT  1294. 

To  prohibit  gaming.     [Stats.  1857,  p.  267.] 
Superseded  by  Penal  Code,  §§  330  337. 

ACT  1295. 

To  prohibit  gaming.     [Stats.  1860,  p.  69.] 
Amended  1863,  p.  723.      Superseded  by  Penal  Code,  §  330  et  seq. 

TITLE  189. 
GAME  LAWS. 
ACT  1296. 

An  act  to  regulate  and  license  the  hunting  of  game  birds  and  animals 
and  to  provide  revenue  therefrom,  for  game  preservation  and  res- 
toration and  to  make  appropriation  for  the  purpose  of  carrying 
out  the  objects  of  this  act.  [Approved  March  13,  1907.  Stats. 
1907,  p.  247.  Repealed  1909,  p.  663.] 
See  Act  1297. 

ACT  1297. 

An  act  to  regulate  and  license  the  hunting  of  wild  birds  and  animals, 

and   to  provide  revenue   therefrom,  for   game  and  fish  preservation 

and  restoration. 

[Approved  March  22,  1909.     Stats.  1909,  p.  663.] 

Licenses  to  hirnt  game. 

§  1.  Every  person  in  the  state  of  California,  who  hunts,  pursues  or 
kills  nny  of  the  wild  birds  or  animals,  excepting  predatory  birds  or 
animals,  without  first  procuring  a  license  therefor,  as  provided  in  this 
act,  is  guilty  of  a  misdemeanor. 

By  whom  issued. 

§2.  Licenses  granting  the  privilege  to  hunt,  pursue  or  kill  wild  birds 
or  animals,  shall  be  issued  and  delivered  upon  application,  by  the  county 


421  GAME  LAWS.  Act  1297,  §§  3-7 

clerk  of  any  of  the  counties  of  this  state,  or  by  the  state  board  of  fish 
commissioners,  who  shall  prepare  suitable  licenses  of  convenient  form, 
and    size,    and   have   printed    or   stamped   thereon    the   words:    "Hunting 

License  No.  ,  State  of  California,  expires  .June  30,  19 — ,"   with  the 

registration  number,  and  appropriate  year  printed  or  stamped  thereon, 
which  said  license  shall  be  prepared  and  furnished  to  the  county  clerk, 
and  for  their  own  disposition,  by  the  state  board  of  fish  commissioners, 
which  board  shall  take  receipt  therefor  by  number  and  quantity,  from 
the  several  county  clerks,  and  the  county  clerk  shall  be  responsible 
therefor  and  shall  account  for  the  same  to  the  controller  of  the  state 
every  three  months,  beginning  with  July  1st  of  each  year.  For  each 
license  sold,  registered  and  accounted  for  by  any  person  excepting  by  a 
fish  commissioner,  he  shall  be  allowed  as  compensation  out  of  the  game 
preservation  fund,  ten  per  cent  of  the  amount  accounted  for. 

To  whom  issued,  and  fee  for. 

§  3.     The  licenses  herein  provided  for  shall  be  issued  as  follows: 

First — To  any  citizen  of  the  United  States  who  is  a  bona  fide  resi-' 
dent  of  the  state  of  California,  upon  the  payment  of  one  dollar.  • 

Second — To  any  citizen  of  the  United  States,  not  a  bona  fide  resident 
of  the  state  of  California,  upon  the  payment  of  ten  dollars. 

Third — To  any  person  not  a  citizen  of  the  United  States,  upon  the 
payment  of  twenty-five  dollars. 

Application  for  license. 

§  4.  Every  person  applying  for  and  procuring  a  license  as  herein 
provided  shall  furnish  to  the  county  clerk  or  state  board  of  fish  com- 
missioners, his  name  and  resident  address,  which  information  shall  be 
by  the  clerk  or  board  entered  in  a  book  kept  for  that  purpose,  and 
provided  by  the  state  board  of  fish  commissioners,  together  with  a 
statement  of  the  date  of  issuance  and  the  number  of  the  license  issued 
to  such  person.  Such  applicant  shall  also  furnish  to  the  county  clerk 
or  fish  commissioners  a  written  description  of  himself,  by  age,  height, 
nationality  and  color  of  the  eyes  and  hair. 

Term  of  license. 

§5.  All  licenses  issued  as  herein  provided  shall  be  valid,  and  shall 
authorize  the  person  to  whom  issued,  to  hunt,  pursue  and  kill  wild 
birds  and  animals,  excepting  predatory  birds  and  animals,  on  and  from 
the  first  day  of  July  of  the  year  in  which  such  license  is  issued  until 
the  date  of  expiration  written  or  stamped  thereon,  but  no  license  shall 
continue  in  force  for  a  period  longer  than  one  year. 

Disposition  of  moneys. 

§  6.  All  moneys  collected  from  licenses  as  provided  herein,  and  all 
fines  collected  for  the  violation  of  the  provisions  hereof  shall  be  paid 
into  the  state  treasury  and  credited  to  the  game  preservation  fund. 

License  not  transferable. 

§  7.  Not  more  than  one  license  shall  be  issued  to  any  one  person  for 
the  same  fiscal  year,  except  upon  an  affidavit  by  the  applicant  that  the 


Act  1298  GENERAL  LAWS.  422 

one  issued  has  been  lost  or  destroyed,  and  no  license  issued  as  herein 
provided  shall  be  transferable  or  used  by  any  other  person  than  the  one 
to  whom  it  was  issued. 

Must  be  exhibited  on  demand. 

§8.  Every  person  having  a  license  as  provided  herein,  who  while 
hunting  refuses  to  exhibit  such  license  upon  demand  of  any  officer  au- 
thorized to  enforce  the  game  and  fish  laws  of  this  state,  or  any  peace 
officer  of  the  state,  shall  be  guilty  of  a  misdemeanor;  and  every  person 
lawfully  having  such  license,  who  transfers  or  disposes  of  the  same  to 
another  person  to  be  used  as  a  hunting  license,  shall  forfeit  the  same. 

Violation  of  act. 

§9.  Every  person  violating  any  of  the  provisions  of  this  act,  shall,, 
upon  conviction  thereof  be  punished  by  a  fine  of  not  less  than  ten,  nor 
more  than  one  hundred  dollars,  or  by  imprisonment  in  the  county  jail 
for  a  term  of  not  less  than  ten,  nor  more  than  one  hundred  days,  or  by 
both  such  fine  and  imprisonment. 

Act  of  1907  repealed. 

§10.  An  act  entitled  "An  act  to  regulate  and  license  the  hunting 
of  game  birds  and  animals  and  to  provide  revenue  therefrom  for  game 
preservation  and  restoration  and  to  make  appropriation  for  the  purpose 
of  carrying  out  the  objects  of  this  act,"  approved  March  13,  1907,  is 
hereby  repealed. 

§  11.  This  act  shall  take  effect  and  be  in  force  on  and  after  July 
1st,  1909. 

ACT  1298. 

An   act   to   regulate   the   vocation   of   fishing,   and   to   provide   therefrom 

revenue  for  the  propagation,  restoration  and  preservation  of  fish  in 

the   waters   of   the   state   of   California. 

[Approved  March  13,  1909.     Stats.  1909,  p.  302.] 

License  rectuired. 

§  1.  Every  person  engaged  or  employed  in  the  vocation  of  fishing 
for  profit  in  the  public  waters  of  this  state  must  first  obtain  a  license 
before  engaging  in  such  vocation. 

State  controller  to  issue.     Duty  of  fish  commissioners. 

§2.  The  controller  of  state  shall  prepare  suitable  licenses,  of  the 
classes  designated  by  the  fish  and  game  commissioners,  which  shall 
purport  to  license  the  holder  of  such  license  te  fish  in  any  of  the  pub- 
lic waters  of  this  state  with  crawfish  traps,  lines,  nets,  seines,  or  by 
boat,  for  the  term  of  one  year  from  the  first  day  of  April  of  one  year 
to  the  first  day  of  April  of  the  year  following.  The  licenses  shall  be 
numbered  consecutively,  beginning  with  number  one,  and  contain  blanks 
for  the  insertion  of  the  name  of  the  holder,  his  resident  address,  and 
his  description,  by  age,  height,  nationality,  and  color  of  eyes  and  hair, 


423  GAME  LAWS.  Act  1298,  §§  3-6 

whicli  description  shall  be  furnished  by  the  applicant  to  the  board  of 
fish  and  game  commissioners.  The  controller  shall  sign  all  licenses  and 
dfliver  the  same  to  the  fish  and  game  commissioners,  on  demand,  who 
shall  be  charged  for  the  same  by  the  controller.  Each  license,  before 
delivery  to  the  applicant  for  a  license,  must  be  countersigned  by  the 
president  of  the  board  of  fish  and  game  commissioners,  and  the  presi- 
dent of  the  board  of  fish  and  game  commissioners  shall  execute  a  bond 
to  the  people  of  the  state  of  California,  in  the  sum  of  two  thousand 
($2,000)  dollars,  for  the  faithful  performance  of  the  duties  imposed  upon 
him   by  this   act. 

To  whom  licenses  shall  be  issued. 

§  3.  Licenses  shall  be  issued  and  delivered  upon  application  to  the 
state  board  of  fish  and  game  commissioners  or  their  deputies.  The 
licenses  herein  provided  for  shall  be  issued  as  follows:  To  any  citizen 
of  the  United  States  upon  the  payment  of  two  and  one-half  (21/;)  dol- 
lars; to  any  person  not  a  citizen  of  the  United  States  upon  the  pay- 
ment of  ten  (10)  dollars.  Not  more  than  one  license  shall  be  issued  to 
any  one  person  for  the  same  year,  except  upon  an  affidavit  by  the  ap- 
plicant that  the  one  issued  has  been  lost  or  destroyed,  and  no  license 
issued  as  herein  provided  shall  be  transferable  or  used  by  any  other, 
person  than  the  one  to  whom  it  was  issued.  Every  person  having  a 
license  as  provided  herein,  who  refuses  to  exhibit  such  license  upon' 
demand  of  any  officer  authorized  to  enforce  the  fish  and  game  laws  of 
this  state,  or  any  peace  officer  of  this  state;  or  who  transfers  or  dis- 
poses of  the  same  to  another  person  to  be  used  as  a  fisherman's  license; 
or  who  fishes  with  unlawful  lines,  nets,  seines,  or  by  modes  or  methods 
in  violation  of  any  law  for  the  preservation  of  fish  and  game,  shall 
forfeit  this  license. 

Fees,  to  whom  payable. 

§  4.  The  said  license  fees  must  be  paid  to  the  fish  and  game  commiB- 
sioners,  or  to  some  one  designated  by  them  for  that  purpose;  and  each 
of  the  commissioners,  and  such  person  or  persons  designated  by  them, 
is  and  are  hereby  empowered  to  arrest  any  person  fishing,  or  using 
lines,  or  a  boat,  or  net  for  fishing,  without  a  license,  contrary  to  the 
provisions  of  section  one  of  this  act. 

Disposition  of  fees. 

§  5.  The  money  collected  from  such  licenses  shall  be  paid  by  the 
commissioners  into  the  state  treasury  to  the  credit  of  the  appropriation 
for  the  "Support  and  maintenance  of  hatcheries,"  and  shall  be  applica- 
ble to  the  payment  of  the  expenses  of  progagating,  protecting,  rostor- 
ing  and  introducing  commercial  fishes  into  the  public  waters  of  this 
state,  and  all  other  necessary  expenses  pertaining  thereto. 

Penalty  for  violation  of  act. 

§  S.  The  violation  of  any  provision  of  this  act  is  hereby  declared  a 
misdemeanor,  and  every  person  violating  any  of  its  provisions,  shall, 
upon  conviction  thereof,  be  fined  in  a  sum  not  less  than  ten  nor  more 


Acts  1299^1304  GENERAL  LAWS.  424 

than  one  hundred  dollars,  or  by  imprisonment  in  the  county  jail  for  a 
term  of  not  less  than  ten  nor  more  than  one  hundred  days,  or  by  both 
such  fine  and  imprisonment;  and  all  fines  collected  for  any  violation  of 
any  of  the  provisions  of  thi§  section  shall  be  paid  into  the  state  treas- 
ury to  the  credit  of  the  "Fish  and  game  preservation  fund." 

§  7.     All  acts  and  parts  of  acts,  so  far  as  they  conflict  with  this  act, 
are  hereby  repealed. 

§  8.     This  act  shall  take  effect  immediately. 

ACT  1299. 

An  act  to  provide  for  the  acquisition,  equipment  and  use  of  a  railway 
car  for  the  purpose  of  distributing  live  fish  and  stocking  the  waters 
of  this  state  with  fish,  and  making  an  appropriation  therefor. 
[Approved  March  21,  1907.     Stats.  1907,  p.  777.] 

ACT  1299a. 

An  act  to  authorize  the  board  of  fish  commissioners  of  the  state  to  con- 
struct a  fish  repository  on  the  Stanislaus  River  in  Tuolumne  County, 
and  making  an  appropriation  therefor.  [Approved  March  13,  1907, 
Stats.  1907,  p.  249.] 

ACT  1300. 

To    create   the   office    of   fish    and   game   warden,    and   to   prescribe    thei 

powers,  duties,  and  salary  of  such  officer.     [Stats.  1895,  p.  169.] 

Amended  1905,  p.  319. 

Codified:   See  Political  Code,  §§  4149b-4149d. 

ACT  1301. 

Authorizing  the  fish   commissioners  to  purchase  the  land   on   which  the, 
state  fish  hatcheries  at  Sisson  are  situated.     [Stats.  1891,  p.  258.] 

ACT  1302. 

To  provide  for  purchasing  land  for  the  state  fish  hatchery  at  Sisson,  in, 
Siskiyou  County,  and  for  making  certain  improvements  and  re-, 
pairs  at  said  hatchery,  and  making  an  appropriation  therefor. 
[Approved  March  25,  1903.     Stats.  1903,  p.  434.] 

ACT  1303. 

Authojizing   commissioners   to   remove   obstructions   in  American   River. 
[Approved  March  5,  1889.     Stats.  1889,  p.  66.] 

ACT  1304. 

To  provide  for  removing  obstructions  in  Pitt  River,  above  the  mouth 
of  Hat  Creek,  so  as  to  enable  salmon  to  reach  the  spawuing-grounds 
on  the  upper  waters  of  said  river  and  its  tributaries,  and  making 
an  appropriation  therefor.  [Approved  March  25,  1901.  Stats,  1901, 
p.  808.] 


425  GAME  LAWS.  Acts  1305-1315 

ACT  1305. 

Authorizing  the  board  of  fish  commissioners  to  construct  a  steam  launch. 
[Stats.   1885,   p.   124.] 

ACT  1306. 

To  authorize  the  board  of  fish  commissioners  to  purchase  or  construct 
a  gasoline  launch,  to  aid  in  carrying  out  the  purposes  of  said  board, 
and  appropriating  money  therefor.     [Stats.  1893,  p.  346.] 

ACT  1307. 

Authorizing  fish  commissioners  to  dispose  of  the  steam  launch  Gover- 
nor Stoneman  and  to  replace  it  by  two  smaller  boats  to  be  used  as 
patrol  boats.     [Stats,  1889,  p.  350.] 

ACT  1308. 

To   authorize   state  board   of   fish   commissioners   to   import   game   birds 
into   the  state  for  propagation.     [Stats.   1889,  p.  304.] 

ACT  1309. 

Authorizing  fish  commissioners  to  build  and  maintain  a  salmon  hatchery. 
[Stats.   1885,  p.  31.] 

ACT  1310. 

Authorizing  the  board  of  fish  commissioners  to  dispose  of  the  hatchery 
located  on  Battle  Creek  in  Tehama  County,  and  to  expend  the  pro- 
ceeds of  the  same.     [Stats.  1897,  p.  89.] 

ACT  1311. 

Nevada  County,  protecting  game  in.     [Stats.  1873-74,  p.  80.] 
"Probably    modified    and    repealed    by    Penal    Code,  §§  626e,    626f,    626h,    and 
62  Gi." — Code   Commissioner's   Note. 

ACT  1312. 

Yolo    County,    restricting    the    hunting    of    game    in.     [Stats.    1871-72, 
p.    411.] 
"Probably   superseded  by   the   general   laws   on    the   subject.      See   Penal   Code, 
§§  635,    636,    636a." — Code    Commissioner's    Note. 

ACT  1313. 

To    prevent    the    destruction    of    deer    on    Mt.    Diablo,    in    Contra    Costa 
County.     [Stats,    1877-78,   p.   599.] 
This  act  appears  in  full  in   Appendix,  Penal  Code,  p.  2053. 

ACT  1314. 

Mockingbirds,  act  to  prevent  destruction  of.  [Stats.  1871-72,  p.  102.] 
This  act  appears  in  full  in  Appendix,  Penal  Code,  p.  2053. 

ACT  1315. 

Sea-gulls  at  Santa  Monica,  protection  of.     [Stats.  1875-76,  p.  287.] 
This   act  prohibited  the   killing   of   seagulls   within    five   miles   of   the   town. 
Codified  by  §  599   of  Penal  Code,   1905;  repealed  1907. 


Acts  1316-1325  GENERAL  LAWS,  426 

ACT  1316. 

To  prevent  capture  ana  destruction  of  blue  cranes.     [Stats.  1889,  p.  205.] 
Codified  by  §  599  of  Penal  Code,  1905;  repealed  1907. 

ACT  1317. 

To  prevent  destruction  of  fish  and  game  in  the  waters  of  Lake  Merritt, 
Alameda  County.     [Stats.  1869-70,  p.  325.] 
Continued  in  force  by  Political  Code,  S  19,  and  Penal  Code,  §  23. 

ACT  1318. 

Napa  County,  for  the  protection  of  fish  and  game  in.     [Stats.   1871-72, 
p.  550.] 
"Probably  repealed  by  the   general   laws   upon  the    subject.      See   Penal   Code, 
§§  635,   636,    636a." — Code   Commissioners'    Note. 

ACT  1319. 

To   regulate  the  vocation  of  fishing,  and   to   provide   therefrom  revenue 
for  the  protection  and  preservation  of  fish.     [Stats.  1887,  p.  233.] 

ACT  1320. 

To  prohibit  aliens  from  fishing  in  the  waters  of  this  state.     Stats.  1880, 
p.  123.] 
Unconstitutional :   In  re  Ah  Chong,  5  Pac.  Coast  L.  J.  451. 
In  full  in  Appendix,  Penal  Code,  p.  2047. 

ACT  1321. 

For  the  protection  of  certain  kinds  of  fish.     [Stats.  1880,  p.   106.] 
Expired  in  1882. 
This  act  prohibited  the   catching  of  catfish,   except  by  hook  and  line. 

ACT  1322. 

Construction,   maintenance,   and   regulation   of   fishways   in   streams   fre- 
quented  by   salmon,   shad,   etc.     [Approved   April    16,    1880.     Stats. 
1880,  p.  121.] 
Superseded  by  Penal  Code,  §  637. 

ACT  1323. 

Alameda   County,    prohibiting    destruction    of   fish    in.     [Stats,    1877-78, 
p.  598.] 
This  act   is   in  Appendix,  Penal  Code,  p.  2050. 

ACT  1324. 

To  prevent  destruction  of  fish  in  Bolinas  Bay.     [Stats.  lSf)."-66,  p.  637.] 
Continued    in    force    by    Political    Code,  §  19,    and    Penal    Code,  §  23. 

ACT  1325. 

For    the    protection    of   fish    in    Butte    Creek,    in    the    county    of   Butte. 
[Stats.    1871-72,    p.    138.] 
Amended   1873-74,   p.    87.     Probably   superseded  by   the   general   laws   on    the 
subject. 


427  GAME  LAWS,  Acts  1326-1334 

ACT  1328. 

Kegulatiug   salmon   fisheries   on   Eel    River.     [Stats.    1859.    p.    298.] 

Continued  in   force  by   Political  Code,  §  19,   and  Penal   Code,  §  23.      See  Hick- 
man V.  Swett,  107  Cal.  276. 

ACT  1327. 

Lake    Bigler,   preservation    of   fish    in    the    waters    of.     [Stats.    1877-78, 
p.  746.] 
This  act  appears  in  full  in  Appendix,  Penal  Code,  p.  I'Ojl. 

ACT  1328. 

Kings  River,  to  prevent  destruction  of  fish  in.     [Stats.  1877-78,  p.  COl.] 
This  act  appears  in   Appendix,  Penal  Code,  p.  2051. 

ACT  1329. 

To    prevent    destruction    of    fish    in    Napa    River    and    Sonoma    Creek. 
[Stats.  1867-68,  p.  13.] 

Amended  1871-72,  p.  441. 

Continued  in  force  by  Political  Code,   §  19,  and  Penal  Code,   §  23. 

ACT  1330. 

San  Antonio   Creek,  preventing  catching  of  fish  in,  by  seines,   nets,   or 
weirs.     [Stats.  1875-76,  p.  362.] 

This  act  appears  in  Appendix,  Penal  Code,  p.  2049. 

See   Penal  Code,  §§  636,   636a. 

ACT  1331. 

Plumas  and  Sierra  counties,  protecting  fish  in  waters  of.     [Stats.  1871- 
72,   p.   794.] 
Repealed  1873-74,  p.  154. 

ACT  1332. 

Plumas  and  Sierra  counties,  protecting  fish  in.     [Stats.  1873-74,  p.  154.] 
Repealed  1875-76,  p.  725. 

ACT  1333. 

Siskiyou   County,   preservation    of   fish   in    waters    of.     [Stats.    1871-72, 
p.  385.] 
"Probably  superseded  by  the  general  laws  upon  the  subject.     See  Penal  Code, 
§§  635,  636,  636a." — Code  Commissioners'  Note. 

ACT  1334. 

Concerning  trout  in  Siskiyou  County.     [Stats.  1865-66,  p.  857.] 
Continued  in  force  by  Political  Code,  §  19,  and  Penal  Code,  §  23. 
"Modified  by  Penal  Code,  §S  628,   632." — Code  Commissioners'   Note. 


Acts  1335-1340b  GENERAL  LAWS.  *?« 

ACT  1335. 

Concerning  the  payment  of  costs  of  trials  of  persons  charged  with  vio- 
lation of  the  laws  for  the  preservation  of  fish.  [Stats.  1887,  p. 
5.] 

Amended  1903,  p.  20. 

This  act  provided  that  the  expense  should  be  borne  by  the  state.     It  is  in  tbe 
Appendix,  Penal  Code,  p.  2046. 

ACT  1336. 

An  act  empowering  the  boards  of  supervisors  of  the  several  counties 
of  the  state,  in  their  discretion,  to  establish  and  maintain  fish 
hatcheries  and  provide  for  the  expense  of  the  establishment  and 
maintenance  thereof.  [Approved  March  21,  1907.  Stats.  1907,  p. 
757.] 

ACT  1337. 

An  act  to  prevent  fishing  or  the  taking  of  fish  by  means  of  weirs,  dams, 

nets,    traps    or    seines,    in    False    Bay    or    in    the    entrance    thereto. 

[Approved  March  25,  1909.     Stats.  1909,  p.  751.] 

ACT  1338. 

An  act  to  prevent  fishing,  or  the  taking  of  fish  by  means  of  weirs, 
dams,  nets,  traps  or  seines  in  the  bay  of  San  Diego  or  in  the  en- 
trance thereto.  [Approved  February  19,  1907.  Stats.  1907,  p.  9. 
Kepealed  1909,  p.  942.] 

ACT  1339. 

An  act  to  prevent  the  taking  of  fish  by  means  of  weirs,  dams,  nets, 
traps  or  seines,  in  certain  tide  water  on  the  coast  of  Mendocino 
County.     [Approved  March  25,  1909.     Stats.  1909,  p.  753.] 

ACT  1340. 

An  act  to  create  a  preserve  for  crabs  within  Eel  Eiver  and  the  en- 
trance thereto  and  Humboldt  and  Trinidad  Bays  and  the  waters 
of  the  Pacific  Ocean  adjacent  thereto,  and  to  regulate  the  taking 
of  crabs  from  such  preserve  for  commercial  purposes.  [Approved 
March  13,  1909.     Stats.  1909,  p.  298.] 

ACT  1340a. 

An  act  to  prevent  the  destruction  of  wild  game  within  the  boundaries 
of  the  Pinnacles  forest  reserve  and  Pinnacles  national  monument 
in  the  counties  of  San  Benito  and  Monterey,  in  the  state  of  Cali- 
fornia.    [Approved   March   25,   1909.     Stats.   1909,   p.   750.] 

ACT  1340b. 

An  act  to  create  a  fish  game  preservation  fund  and  to  unite  the  "fish 
commission  fund,"  and  the  "game  preservation  fund"  into  a  com- 
mon fund  to  be  known  as  "fish  and  game  preservation  fund." 
[Approved  March  15,  1909.     Stats.  1909,  p.  392.] 


429  GAS.  Acts  1340C-1344 

ACT  1340c. 

An  act  to  provide  for  the  transfer  to  the  state  of  California  by  owners 
of  patented  lands  therein  of  the  right  to  preserve  and  protect  wild 
game  on  such  patented  lands;  to  define  the  duties  of  the  state 
board  of  tish  commissioners  in  relation  to  the  control  of  such  rights, 
and  to  declare  the  hunting  of  wild  game  within  the  exterior  bound- 
aries of  the  land  to  which  such  right  attaches,  a  misdemeanor. 
[Approved  March  21,  1907,  Stats,  19U7,  p,  78S.] 
Amended  1909,  p.  518. 

ACT  1340d, 

An  act  to  create  a  preserve  for  shellfish  and  invertebrate  animals 
within  a  portion  of  the  bay  of  Monterey  and  to  prohibit  taking 
the  same  from  such  preserve  for  commercial  purposes.  ["Approved 
March  21,  1907.     Stats.  1907,  p.  758.] 

TITLE  190. 

GAS. 
ACT  1341, 

For   the   protection   of  gas-light    companies.     [Stats.    1859,   p.   309.] 
Superseded  by  Penal  Code,  §  498, 

ACT  1342, 

Concerning  gas  companies.     [Stats.  1869-70,  p.  815.] 
This  act  provided  for  the  granting  of  franchises  to  gas  compoiiies.    It  was  con- 
tinued in   force  by  §  19,   Political  Code,  but  was  superseded  by   the   constitution 
of   1879,   art.  XI,  §  19. 
Citations.     Cal.  139/183. 

ACT  1343. 

To   regulate   the  use   of  illuminating   gas.     [Approved  March   20,   1?»03. 
Stats.   1903,  p.  289.] 
This  act   appears   in   full   in  Appendix,   Penal  Code,   p.   2054.    It   provided   gas 
should  not  be  turned  oflf  at  meter  by  hotel  or  lodging-house  keepers. 

ACT  1344. 

An  act  to  regulate  the  quality  and  standard  illuminating  power  and 
the  price  of  gas  in  all  cities  within  the  state  of  California  having 
a  population  of  one  hundred  thousand  or  more. 

[Approved  March  4,  1878.     Stats.  1877-78,  p.  167.] 
Repealed  as  to  San  Francisco  by  c.  2  of  art.  I  of  the  charter. 
Citations.      Cal.  62/591 ;   76/326. 

Quality  and  price  of  gas  to  be  fi.xed  by  •whom. 

§  1.  That  in  all  cities  in  the  state  of  California  having  a  popula- 
tion of  one  hundred  thousand  or  more,  the  local  legislative  body  tliereof, 
wliefher  known  and  designated  as  the  board  of  supervisors,  or  board 
of  aldermen,  or  common  council,  or  board  of  trustees,  or  otherwise,  are 


Act  1344,  §  2  GENERAL  LAW3.  430 

hereby  authorized  and  required  to  fix  the  standard  quality  and  illu- 
minating power  of  gas  to  be  furnished,  and  the  rate  and  price  for 
each  one  thousand  cubic  feet  to  be  charged  therefor  by  any  person, 
eompanj'-,  or  corporation  whose  pipes  or  mains  are  or  shall  be  laid 
down  in  the  streets  or  highways  of  such  city,  for  the  purpose  of  supply- 
ing gas  for  tlie  use  of  such  city,  or  for  the  inhabitants  thereof,  or  for 
such  city  and  its  inhabitants;  provided,  however,  that  said  board  or 
local  authority  shall  not  fix  or  establish  the  standard  quality  and  illu- 
minating power  of  gas  in  such  city  at  less  than  sixteen-candle  power, 
or  such  that  five  cubic  feet  of  gas  per  hour  so  furnished  shall  give 
light  at  least  equal  to  that  afforded  by  the  combustion  of  sixteen 
standard  sperm  candles  consuming  one  hundred  and  twenty  grains  of 
sperm  each  per  hour,  the  burner  to  be  used  in  making  such  test  to  be 
that  best  adapted  to  the  economical  consumption  of  gas;  and  provided, 
further,  that  such  board  of  supervisors,  or  local  legislative  authoritj', 
by  whatever  name  it  may  be  known,  shall  not  fix  or  establish  the  rate 
or  price  of  gas  so  furnished  to  such  city  or  its  inhabitants  at  any. 
greater  price  or  rate  than  three  dollars  per  thousand  cubic  feet. 

Mayor  to  appoint  an  inspeetor. 

§2.  It  shall  be  the  duty  of  the  mayor  of  each  city  having  the  popu- 
lation mentioned  in  section  1  of  this  act,  and  such  mayor  is  hereby 
required,  within  thirty  days  after  the  passage  and  approval  of  this  act, 
to  appoint,  subject  to  the  approval  of  the  board  of  supervisors,  or  other 
local  legislative  body  aforesaid,  a  person  of  competent  experience  and 
knowledge  of  and  concerning  the  proper  qualities  and  illuminating 
power  of  gas,  and  who  shall  not  be  directly  or  indirectly  interested  in 
or  connected  with  any  person,  company,  or  corporation  engaged  in  the 
manufacture  or  furnishing  of  illuminating  gas  in  such  city,  or  else- 
where, either  to  such  city  or  its  inhabitants,  or  any  of  them,  either  as 
a  stockholder  or  otherwise,  who  shall  be  known  and  designated  as  gas 
inspector  of  such  city,  who  shall  hold  his  said  office  for  the  term  of 
two  years,  or  until  his  successor  shall  be  appointed  and  qualified;  sub- 
ject, however,  to  removal  from  his  said  office  by  the  mayor,  with  the 
concurrence  of  a  majority  of  the  board  of  supervisors,  or  other  local 
legislative  board  aforesaid,  for  any  one  of  the  following  causes,  to 
wit,  by  reason  of  any  interest  in  the  manufacture  or  furnishing  of  gas 
in  such  city,  whether  such  interest  existed  at  the  date  of  his  appoint- 
ment or  was  afterward  acquired,  or  for  want  of  competent  knowledge. 
skill,  or  experience  to  enable  him  properly  to  discharge  the  duties  of 
said  office,  or  for  any  neglect,  misconduct,  or  inefficiency  in  the  dis- 
charge of  the  duties  of  said  office,  to  the  prejudice  of  such  city,  or  its 
inhabitants,  or  any  of  them.  The  person  so  appointed  shall,  before  he 
enters  upon  the  duties  of  said  office,  and  within  ten  days  after  his  ap- 
pointment and  confirmation,  take  and  subscribe  an  oath  or  affirmation 
before  the  county  judge  of  the  county  in  which  such  city  is  situated, 
that  he  will  faithfully  and  impartially  perform  and  discharge  all  the 
duties  required  by  this  act  and  the  ordinances  or  resolutions  of  said 
board  passed  or  adopted  under  and  pursuant  to  the  provisions  thereof, 


431  GAS.  Act  1344,  §§  3-5 

as  such  gas  inspector  of  such  city,  and  shall  also,  within  the  same  time, 
give  bond  to  the  city  in  and  for  which  he  is  appointed,  in  the  sum  of 
ten  thousand  dollars,  with  sureties  to  be  approved  by  said  board,  con- 
ditioned for  the  faithful  performance  of  the  duties  of  said  olTiee,  which 
said  oath  and  bond  shall  be  filed  with  the  clerk  of  said  board.  Such 
gas  inspector  shall  be  entitled  to  a  salary  to  be  fixed  and  allowed  by 
said  board,  which  shall  be  paid  monthly  out  of  the  general  fund  of 
such  city. 

Duty  of  inspector. 

§  3.  It  shall  be  the  duty  of  such  inspector,  immediately  upon  his  ap- 
pointment and  qualification  as  such  officer,  as  aforesaid,  to  make  a 
careful  examination  and  inquiry  by  inspection,  letter,  or  otherwise,  as 
to  the  quality  and  illuminating  power  of  the  gas  furnished  and  used  in 
the  principal  cities  of  the  United  States,  and  the  prices  charged  there- 
for, and  also  the  comparative  cost  of  the  manufacture  and  supply  of 
gas  in  other  cities  of  the  United  States,  with  the  cost  of  the  manufac- 
ture and  supply  of  the  same  in  the  city  for  which  he  is  such  inspec- 
tor, and  report  fully  the  result  of  such  examination  and  information  to 
said  board  within  six  months  after  his  appointment  and  qualification;, 
and  upon  receiving  such  reports,  said  board  shall  proceed  to  fix  and, 
establish  the  quality  and  standard  illuminating  power  of  gas  to  be. 
used  in  such  city,  and  the  maximum  price  to  be  charged  therefor;  and, 
such  standard  and  price  may  be  changed  by  said  board  from  time  to 
time,  not  oftener  than  once  every  year,  as  increased  consumption  or 
other  circumstances  may  in  their  judgment  require. 

Same. 

§4.  After  said  board  shall  have  fixed  and  established  the  quality, 
and  illuminating  power,  and  the  price  of  gas,  as  hereinbefore,  it  shall 
be  the  duty  of  such  inspector  to  examine  and  inspect,  from  time  to 
time,  at  least  once  every  week,  without  notice  to  the  person,  company, 
or  corporation  furnishing  the  same,  the  quality  and  illuminating  power. 
of  the  gas  furnished  to  such  city  and  the  inhabitants  thereof,  and  in. 
case  the  same  shall  fall  below  the  standard  fixed  by  said  board,  the 
said  inspector  shall  forthwith  report  the  same  to  said  board;  and  at: 
such  other  times  as  he  may  be  requested  thereto  by  the  mayor  or  any. 
committee  of  said  board,  he  shall  report  to  said  board  upon  any  and  all 
matters  connected  with  the  manufacture,  supply,  and  consumption  of. 
gas  coming  within  the  scope  of  his  official  duties,  and  specially  upon, 
any  subject  or  subjects,  matters  or  things,  connected'  therewith  and 
specified  in  such  request. 

Certain  acts  declared  unlawful. 

§  5.  After  said  board  shall  have  fixed  and  established  the  quality  and. 
standard  illuminating  power  of  the  gas,  and  the  price  per  thousand, 
cubic  feet,  as  in  this  act  provided  to  be  charged  therefor,  it  shall  be. 
unlawful  for  any  person,  company,  or  corporation  to  furnish  to  such- 
city,  or  any  inhabitant  thereof,  or  other  person  therein,  for  illuminat- 
ing purposes,  gas  of  a  lower  standard  or  quality,  or  to  charge  or  re- 


Act  1349  GENERAL  LAWS.  432 

ceive  therefor  a  higher  price  than  is  provided  by  said  board,  under  the 
authority  and  subject  to  the  limitations  of  this  act;  and  for  every 
violation  of  the  provisions  of  this  act,  or  the  provisions  of  any  order,' 
resolution,  or  ordinance  of  said  board  made  in  pursuance  thereof,  every 
such  person,  company,  or  corporation  shall  incur  a  penalty  of  not  less 
than  one  hundred  nor  more  than  one  thousand  dollars,  to  be  recovered' 
in  a  civil  action  in  the  name  and  for  the  use  of  such  city,  in  any  courb 
of  competent  jurisdiction;  and  each  day  upon  which  such  person,  com-* 
pany,  or  corporation  shall,  without  reasonable  cause  or  excuse  therefor,- 
furnish  gas  of  a  lower  quality  or  standard  illuminating  power  than  that 
fixed  by  said  board,  shall  constitute  and  be  considered  and  held  one 
violation  thereof,  and  each  month  or  shorter  period  for  which  said  per-" 
son,  company,  or  corporation  shall  take  an  account  of  gas  consumed, 
and  for  which  they  shall  charge  or  receive  a  price  greater  than  that' 
fixed  by  said  board,  shall  be  held  and  regarded  as  one  offense,  and  any 
number  of  such  offenses  of  either  class,  or  both,  may  be  joined  in  the 
same  action,  and  the  several  penalties  for  the  several  violations  proved 
or  confessed  in  said  action  may  be  united  and  recovered  in  the  same 
judgment;  and  such  person,  company,  or  corporation  shall  also  be  liable 
to  such  city  and  to  any  and  each  person  or  corporation  who  shall  be 
injured  by  any  such  violation,  in  double  the  amount  of  damages  actually 
sustained. 

Actions  "tried,  "by  whom, 

§  6.  All  actions  for  penalties  under  the  provisions  of  this  act  shall  be 
tried  by  the  court,  unless  a  jury  be  demanded  by  either  party;  and 
when  such  action  shall  be  tried  by  a  jury,  the  jury  shall  find,  as  to 
each  violation  charged  in  the  complaint,  that  "the  defendant  is  guilty," 
or  "the  defendant  is  not  guilty";  and  upon  each  charge  in  respect  to 
which  the  jury  has  found  the  defendant  guilty,  the  court  shall  fix  the 
penalty,  and  render  judgment  for  the  aggregate  amount  of  such  penal- 
ties, together  with  costs  of  suit. 

§7.  All  penalties  recovered  under  this  act  shall  be  paid  into  the 
general  fund  of  such  city. 

§  8.  This  act  shall  apply  to  the  city  and  county  of  San  Francisco, 
as  well  as  to  cities  whose  municipal  government  is  distinct  from  the 
county  in  which  they  are  located. 

§  9.     This  act  shall  take  effect  immediatelj. 

TITLE  191. 

GEOLOGICAL  SUEVEY. 
ACT  1349. 

To   continue   the   geological  survey   of   the   state    of   California.     [Stats. 
1871-72,   p.   355.] 
"Probably   intended   to   be  repealed  by   1873-74,   p.   694,   c.   CDLXIII." — Code 
Commissioners'  Note. 


433  GIFTS— GOATS.  Acts  1350-1367 

ACT  1350. 

State  geological  survey,  preservation   of   material   of.     [Stats.    1873-74, 
p.  694.] 

TITLE  192. 
GIFTS. 
ACT  1355. 

To  provide  for  the  receipt  of  donations  to  the  state,  counties,  cities  and 

counties,  or  towns.     [Stats.  1880.  p.  29.] 

Codified  by   §  453a,   Political  Code.      See,  also,    §  4052a,   Political  Code. 

ACT  1356. 

To  authorize  the  several  counties,  cities  and   counties,  cities,  and  towns 
to  receive  gifts.     [Stats.    1881,  p.   2.] 
See    §1275   of  the   Civil   Code;    §§453a   and   4n52a.   Pol.    Pode :    also    Aft   1^5r>, 
ante. 

TITLE  193. 
GILEOY. 
ACT  1357. 

Incorporating  Gilroy.     [Stats.   1869-70,  p.   263.] 
Amended  1871-72,  p.  356;  1875-76,  p.  724. 

TITLE  194. 
GLENN  COUNTY. 
ACT  1362. 

To  create   the  county  of  Glenn,  establish  the  government  and  provide 
for  its  organization.     [Stats.  1891,  p.  98.] 
Amended  1893,  p.  158. 
Citations.     Cal.  98/228;   104/236;   122/429;   152/228. 

TITLE  195. 
GOATS. 
To  protect   cashmere   and  angora  goats  from  the  raA-ages  of  dogs. 
See  tit.  "Dogs,"  ante. 

ACT  1367. 

An  act  to  prevent  buck  goats  running  at  large.     [Approved  March  23, 
1878.     Stats.   1877-78,   p.   437.] 
Codified  by  §  597g  of  Penal  Code,  1905. 

Goats   in   particular   cities   or   counties.   See   particular   title. 
Gen.  Laws — 28 


Acts  1372-1388  GENERAL  LAWS.  434 

TITLE  196, 
GOLDEN  CITY  HOMESTEAD  ASSOCIATION. 
ACT  1372. 

To  authorize  sale  and  conveyance  of  lands  in  San  Francisco  to  Golden 
City  Homestead  Association.     [Stats.  1863-64,  p.  463.] 
This  act  permitted   the   commissioners  of  swamp   and  overflowed  lands  to  sell 
certain  lands  to  this  homestead  association. 

TITLE  197. 
GOOD  TEMPLAES. 
ACT  1377. 

Concerning  Independent  Order  of  Good  Templars.  [Stats.  1863,  p.  101.] 
See  §  288,  Civil  Code. 

This  act  gave  authority  to  acquire  property  necessary  to  carry  out  its  charita- 
ble purpose. 

TITLE  198. 
GOVERNOE. 
ACT  1382. 

Authorizing  the  appointment  of  a  stenographer  for.  [Stats.  1891,  p.  1.] 
This  act  appears  in  full  in  Appendix,  Political  Code,  p.  1833. 

ACT  1383. 

Governor's   mansion,   fitting   up   for   use   as   a   state   printing    office   and 
state   armory.     [Stats.    1873-74,   p.    903.] 
Repealed  1875-76,  p.  22  (Am.). 

ACT  1384. 

Providing  for  the  maintenance  of  a  residence  for.     [Stats.  1899,  p.  150.] 

ACT  1385. 

Providing    for    the    construction    and    furnishing    of    a    residence    for; 
[Stats.  1899,  p.  73.] 

Amended  1903,  p.  415. 

ACT  1385a. 

An  act  providing  for  the  maintenance  of  a  residence  for  the  governor 
of  the  state  of  California,  and  providing  the  salaries  of  the  neces- 
sary employees  and  servants  selected  and  employed  by  the  gover- 
nor therein,  and  for  the  appropriation  of  necessary  moneys  for 
such  purpose,  and  directing  the  state  controller  to  issue  warrants 
upon  the  general  fund,  and  directing  the  state  treasurer  to  pay 
said  warrants.     [Approved  March  11,  1907.     Stats.   1907,  p.  214.] 

ACT  1386. 

Empowering  the  governor  to  execute  a  quitclaim  deed  to  the  successors 
in  interest  of  James  Bowman.     [Stats.  1893,  p.  151.] 


435      GRAND  ARMY  OF  THE  REPUBLIC— GROWING  TREES.     Acts  1387-1404 

ACT  1387. 

Imposing  certain  duties  on,  respecting  rewards.     [Stats.  1875-76,  p.  855.] 

Repealed   by  §  1547,    Penal    Code,   as   amended   1905, 

Citations.      Cal.  63/466. 

ACT  1388. 

An  act  to  authorize,  empower,  and  direct  the  govrmor  of  the  state  of 
California  to  employ  counsel,  agents,  and  attorneys  for  the  pur- 
pose of  prosecuting,  collecting  and  recovering  the  claims  of  the 
state  of  California  against  the  United  States  of  America,  to  pre- 
scribe the  terms  and  conditions  of  the  emijloj'ment,  the  rate  of 
compensation  therefor,  and  the  manner  of  payment  thereof.  [Ap- 
proved March   23,  1907.     Stats.   1907,  p.  938.] 

TITLE  199. 
GRAND  ARMY  OF  THE   REPUBLIC. 
ACT  1392. 

To  prevent  persons  from  unlawfully  wearing  badge   of  Grand  Army  of 
the  Republic.     [Stats.  1887,  p.  82.] 
Amended  1907,  p.  81. 
This  act  appears  in  full  in  Appendix,  Penal  Code,  p.  2055. 

TITLE  200. 
GRASS  VALLEY. 
ACT  1397. 

Incorporating   Grass  Valley.     [Stats.   1861,   p.   153.] 
Amended  1862,  p.  93;   1863-64,  p.  57;    1865-66,  p.  363;   1869-70,  pp.  16,  47; 
1877-78,  p.  192.     Repealed  by  new  charter  1893,  p.  628. 

TITLE  201. 
GROWING  TREES. 
ACT  1402. 

To  protect  growing  timber  on  possessory  claims  and  other  private  prop- 
erty,   and    on    streets    and    highways    and    public    giuuuds.     [Stats. 
1802,  p.  307.] 
Superseded  by  Penal  Code. 

ACT  1403. 

To  prevent  the  destruction  of  timber  on  the  public  lands  of  this  state. 
[Stats.  1863-64,  p.  136.] 
Supplemented  1863-64,  p.  435.      Superseded  by  Penal  Code. 

ACT  1404. 

To  provide  for  the  punishment  of  persons  cutting  timber  upon  or  carry- 
ing  away   the   same   when   cut   down   from   any   of   the   swamp   and 
overflowed,  tide,  marsh,  or  school  lands.     [Stats.  1863,  p.  739.] 
Superseded  by  Penal  Code,  §  603. 


Acts  1405-1423  GENERAL  LAWS.  436 

ACT  1405. 

To  protect  the  Big  Tree  groves  of  Fresno,  Tulare,  and  Kern  counties. 
[Stats.    1873-74,    p.    347.] 
This  act  appears  in  full  in  Appendix,  Penal  Code,  p.  2056. 

TITLE  202. 
GUAEDIAN  AND  WAED. 
ACT  1410. 
To  provide  for  the  appointment  and  prescribe  the  duties  of  guardians. 

[Stats.  1850,  p.  268.] 

Supplemented  1853,  p.  129;  1857.  p.  120.  Amended  1860,  p.  177;  1861, 
p.  603;  1869-70,  p.  791.  Superseded  by  Civil  Code,  §§  236-258.  See,  also, 
provisions  in  Code  of  Civil  Procedure. 

Citations.     Gal.  53/740;  68/86;  93/105. 

TITLE  203. 
HABEAS  CORPUS. 
ACT  1415. 

Concerning  the  writ  of  habeas  corpus.     [Stats.  IS.'iO,  p.  333.] 
Amended  1854,  p.  26.     Supplemented  1859,  p.  15.     Superseded  by  Penal  Code, 
§§ 1473-1505, 

TITLE  204. 
HARBOE  COMMISSIONERS. 
ACT  1420. 

Authorizing  the  reduction  or  abolition  of  rates  of  dockage  by.     [Stats. 
1871-72,    p.    797.] 
Probably  superseded  by  Political  Code,  §  2526,  as  amended  in  1876. 

ACT  1421. 

To   authorize  the  board  of  state  harbor  commissioners   to  make   repairs 

upon    private    wharves    in    their     possession.      [Stats.     1873-74,     p. 

663.] 

This  act  appears  in  full  in  Appendi.K,  Political  Code,  p.  1840.  Expenditurp  ()i' 
money  for  urgent  repairs:    See   Political   Code,  §  2528. 

ACT  1422. 

Concerning   state   harbor    commissioners.     [Stats.    1873-74,    p.    910.] 
Superseded  apparently  by   the  provisions   of  §§  2520-2554,   Political   Code. 
This  act  related  to  the  harbor  commissioners  of  San  Francisco  and  placed  them 
under  the  control  of  the  state  harbor  commissioners. 

ACT  1423. 

State  harbor  commissioners,  granting  further  powers  to.     [Stats.   1873- 

74,    p.    912.] 

Superseded  apparently  by  the  provisions  of  §§  2520-2554,  Political  Code. 


437  HARBOR  COMMISSIONERS.  Acts  1424-1430 

ACT  1424. 

To  authorize  the  board  of  state  harbor  commissioners  to  construct  rail- 
roads   over    state    lauds    and    along    the    waterfront    of    San    Fran- 
cisco, and  to  regulate  the  use  of  the  same.     [Stats.  18S9,  p.  388.] 
Superseded  by  Political  Code,  §  2524. 

ACT  1425. 

To  provide  penalties  for  failure  to  pay  tolls,  by  false  returns  or  other- 
wise, to  any  board  of  state  harbor  commissioners,  [Stats.  1S91, 
p.  27.] 

This   act  appears   in    full   in   Appendix,    Political    Code,    p.    183-1.      State   harbor 
commissioners:    See  Political  Code,  §§  2520  et  seq. 

ACT  1426. 

To  provide  for  the  issuing  and  sale  of  state  bonds  to  create  a  fund  for 
the  use  of  the  state  board  of  harbor  commissioners  in  constructing 
and  furnishing  of  a  general  ferry  and  passenger  depot  in  San 
Francisco.     [Stats.   1891,  p.   110.] 

ACT  1427. 

To    extend    the    jurisdiction    of    the    harbor    commissioners    over    East 
Street,   San  Francisco.     [Stats.   1891,  p.   261.] 
Superseded  by  Political  Code,  §  2524,  as  amended  1901,  p.  620. 

ACT  1428. 

Authorizing    the    board   of   harbor   commissioners   to    rectify   the    align- 
ment  of   East   Street,   and    employing   the   board    to    sell,    condemn, 
and  acquire  adjacent  property.     [Stats.  1891,  p.  270.] 
This   act  appears   in    full   in    Appendix,    Political    Code,    p.    1834.      State   harbor 
commissioners:    See  Political  Code,  §§  2520  et  seq. 

ACT  1429. 

To  authorize  and  empower  the  board  of  state  harbor  commissioners  to 
institute  condemnation  proceedings  against  certain  property  on  the 
corner  of  Market,  Sacramento  and  East  streets,  in  the  citj'  and 
county  of  San  Francisco,  and  extending  their  jurisdiction  over  the 
same.     [Stats.  1895,  p.  79.] 

This  act  appears   in  full   in   Appendix,    Political  Code.    p.   1836.      State   harbor 
commissioners:    See  Political  Code,  §§  2520  et  seq. 

ACT  1430. 

To  authorize  the  state  board  of  harbor  commissioners  to  establish  and 
maintain   a  free   public   market   upon   the  waterfront   of  San   Fran- 
cisco,   and    providing    for    the    expenses    and    regulations    thereof. 
[Stats.   1897,   p.   238.] 
Amended  1903,  p.  76. 

This  act  appears  in  full  iu  Appendix,   Political   Code,   p.    1837.      State   harbor 
commissioners:    See  Political  Code,  §§  2520  et  seq. 


Acts  1431-1435  GENERAL  LAWS.  438 

ACT  1431. 

Empowering  the  state  board  of  harbor  commissioners  to  insure  against 

loss   or   damage    by   fire   the    property   of    the    state    located   on   the 

waterfront  of  San  Francisco.      [Stats.  1901,  p.  809.] 

Amended   1905,  p.  295. 

This  act   appears  iii  full   in   Appendix,   Political   Code,   p.   1835.      Stale   harbor 
commissioners:    See  Political  Code,  §§  2.520  et  seq. 

ACT  1432. 

Concerning   the   waterfront   of   the   city   and    county   of    San   Francisco. 
[Stats.  1877-78,  p.  263.] 
Amended  1880,  p.  10;   1889,  p.  379;   1891,  p.  233;   1895,  p.  194;   1901,  p.  627; 
1905,  p.  109;   1909,  p.  434.      See  Political  Code,  §2524.      See  note  to  Act  3335. 
This  act  related  to  the  jurisdiction  of  the  harbor  commissioners. 

ACT  1433. 

An  act  to  provide  for  the  reconstruction  and  repair  by  the  Board  of 
State  Harbor  Commissioners  of  the  damaged  property  of  the  state 
of  California  situated  on  the  waterfront  of  the  city  and  county  of 
San  Francisco,  and  making  an  appropriation  therefor.  [Approved 
June  14,  1906.     Stats.  1906,  p.  38.] 

One  hundred  thousand  dollars  was  appropriated  for  the  purpose  indicated. 
Consult   also   Act  of   1907,   p.   249,   appropriating  $250,000   for  the   same   pur- 
pose. 

ACT  1434. 

An  act  to  authorize  and  direct  the  board  of  state  harbor  commissionera 
to  institute  condemnation  proceedings  against  certain  property  north 
of  India  basin,  and  extending  to  Islais  creek  in  the  city  and  county 
of  San  Francisco  and  extending  the  jurisdiction  of  said  board  over 
the  same,  and  providing  for  the  payment  of  judgments  from  the 
proceeds  of  bonds  issued  and  sold  under  the  provisions  of  an  act 
entitled  "An  act  to  provide  for  the  issuance  and  sale  of  state  bonds 
to  create  a  fund  for  the  acquisition  by  the  board  of  state  harbor 
commissioners,  of  a  necessary  area  for  a  tidal  basin,  for  wharves, 
docks,  piers,  harbors  and  appurtenances,  in  the  city  and  county  of 
San  Francisco;  to  create  a  sinking  fund  for  the  payment  of  said 
bonds;  and  defining  the  duties  of  state  officers  in  relation  thereto; 
making  an  appropriation  of  one  thousand  dollars  for  the  expense  of 
printing  said  bonds;  and  providing  for  the  submission  of  this  act  to 
a  vote  of  the  people."  [Approved  March  24,  1909.  Stats.  1909,  p. 
711.] 

ACT   1435. 

An  act  to  provide  for  the  issuance  and  sale  of  state  bonds  to  create  a 
fund  for  the  improvement  of  San  Francisco  harbor  by  the  construc- 
tion by  the  board  of  state  harbor  commissioners  of  wharves,  piers, 
state  railroad,  spurs,  betterments',  and  appurtenances  and  necessary 
dredging  and  filling  in  connection  therewith  in  the  city  and  county 


439  HARBOR  COMMISSIONERS.  Acts  1436-1438 

of  San  FraTicisco;  to  create  a  sinking  fund  for  the  payment  of  said 
bonds;  to  define  the  duties  of  state  officers  in  relation  thereto;  to 
make  an  appropriation  of  five  thousand  dollars  for  the  expense  of 
printing  said  bonds;  and  to  provide  for  the  submission  of  this  act 
to  a  vote  of  the  people.  [Approved  March  20,  1909.  Stats.  1909, 
p.  522.] 

This  act  provided  for  the  submission  to  the  people  of  a  bond  issue  of  $9,000,000 
for  the  purposes  indicated. 

ACT  1436. 

An  act  to  provide  for  the  issuance  and  sale  of  state  bonds  to  create  a 
fund  for  the  acquisition  by  the  board  of  state  harbor  commissioners, 
of  a  necessary  area  for  a  tidal  basin,  for  w^harves,  docks,  piers,  harbors 
and  appurtenances,  in  the  city  and  county  of  San  Francisco;  to 
create  a  sinking  fund  for  the  payment  of  said  bonds;  and  defining 
the  duties  of  state  officers  in  relation  thereto;  making  an  appro- 
priation of  one  thousand  dollars  for  the  expense  of  printing  said 
bonds;  and  providing  for  the  submission  of  this  act  to  a  vote  of 
the  people.  [Approved  March  25,  1909.  Stats.  1909,  p.  713.] 
This  act  provided  for  the  submission  to  the  people  of  4  bond  issue  for 
$1,000,000  for  acquiring  India  basin. 

A<:^T  1437. 

An  act  making  an  appropriation  to  pay  for  the  settlement  of  disputed 
titles  to  or  boundaries  of  land  claimed  by  the  state  of  California 
fronting  on  the  bay  of  San  Diego.  [Approved  March  11,  1907. 
Stats.    1907,    p.    238.] 

This  act  appropriated  $10,000  to  pay  the  expenses  incurred  by  the  harbor  com- 
missioners of  San  Diego  in  settling  or  establishing  disputed  titles  to  lands  on  San 
Diego  bay. 

AOT    1438. 

An  act  to  provide  for  the  issuance  and  sale  of  state  bonds  to  create  a 
fund  for  the  construction  by  the  board  of  state  harbor  commis- 
sioners for  the  bay  of  San  Diego  of  harbor  improvements  consisting  of 
a  seawall,  wharves,  piers,  state  railroad,  spurs,  betterments  and 
appurtenances  in  the  county  of  San  Diego;  to  create  a  sinking 
fund  for  the  payment  of  said  bonds;  to  define  the  duties  of  state 
officers  in  relation  thereto;  to  make  an  appropriation  of  one  thou- 
sand five  hundred  dollars  for  the  expense  of  printing  said  bonds, 
and  to  provide  for  the  submission  of  this  act  to  a  vote  of  the 
people.  [Approved  April  16,  1909.  Stats.  1909,  p.  942.] 
This  act  provided  for  the  submission  to  the  people  of  a  bond  issue  of  $1,- 
600,000  for  the  improvement  of  San  Diego  harbor. 


Acts  1440-1448  GENERAL  LAWS.  440 

TITLE    205. 
HASTINGS   COLLEGE   OF   THE   LAW. 
ACT  1440. 

[Hastings    College    of   Law,   creating.     [Stats.    1877-78,   p.    533.] 
"Superseded  by  amendatory  act  of  1883,  p.  26,   but  this  act  was  pronounced 
unconstitutional  in  People  v.  Kewen,   69  Cal.  215.      See,  also,   1885,  p.  203,   and 
Foltz  V.  Hoge,  54  Cal.  28.     This  act  was  superseded  by  Political  Code,  §§  1478- 
1486d,   as  added  in  1907." — Code  Commissioners'    Note. 

TITLE    206. 
HAYWARDS. 
ACT    1441. 

Incorporating.     [Stats.  1875-76,  p.  215.] 
Superseded   by    incorporation,    in    1892,    under   Municipal   Government   Act   ol 
1883. 

TITLE    207. 
HEALDSBUEG. 
ACT    1446. 

Charter   of.     [Stats.    1873-74,    p.    665.] 
Amended  1875-76,  pp.  90,   891.      Superseded  by  incorporating  in   1883,  under 
Municipal  Government  Act  oif  1883. 

HEALTH. 

See  "Public  Health." 

TITLE    208. 
HIGHWAYS. 
ACT    1448. 

An  act  provicling  for  the  laying  out,  constructing,  straightening,  im- 
provement and  rejiair  of  main  public  highways  in  any  county,  pro- 
viding for  the  voting,  issuing,  and  selling  of  county  bonds  and  the 
acceptance  of  donations  to  pay  for  such  work  and  improve- 
ments, providing  for  a  highway  commission  to  have  charge  of 
such  work  and  improvements,  and  authorizing  cities  and  towns 
to  improve  the  portions  of  such  highways  within  their  corporate 
limits  and  to  issue  and  sell  bonds  therefor. 

[Approved  March  19,  1907.     Stats.  1907,  p.  666.     Amended  1909,  p.  151.] 

Bonds  for  county  highways,  appointment  of  commission. 

§  1.  The  board  of  supervisors  of  any  county  in  the  state,  upon  re- 
ceiving a  petition  signed  by  freeholders  electors  of  the  county  equal  in 
number  to  at  least  ten  per  cent  of  the  vote  cast  for  governor  in  said 
county  at  the  last  election,  praying  that  the  matter  of  issuing  bonds 
of  the  county  for  highway  purposes  be  submitted  to  the  electors  of  the 
county,  may  appoint  a  highway  commission  for  such  county,  who  shall 
perform  the  duties  hereinafter  specified. 


441  HIGHWAYS.  Act  1443.  §§  2-4 

Of  whom  commission  shall  consist, 

.  §  2,  Said  highway  commission  shall  consist  of  three  members,  who 
shall  be,  and  have  been  for  two  years,  bona  fide  residents  and  free- 
holders of  such  county,  and  shall  be  especially  qualified  to  have  charge 
of  the  improvement  of  highways.  Said  commissioners  shall  be  appointed 
to  serve  for  the  term  of  two  years  and  until  their  successors  are  ap- 
pointed and  qualified,  and  any  vacancy  in  the  commission  shall  be  filled 
by  appointment  for  the  unexpired  term;  provided  however,  that  when 
the  proposition  for  the  issuance  of  bonds  fails  to  carry  at  the  election 
held  under  section  7  of  this  act,  or  when  all  the  highway  improvements 
for  which  bonds  are  voted  under  said  section  7  are  completed,  or  if 
tliere  is  a  surplus  in  the  highway  improvement  fund  after  completion 
thereof,  when  said  surplus  has  been  expended  on  other  highways,  the 
existence  of  said  highway  commission  shall  cease.  Thereafter  another 
commission  may  be  appointed  under  section  1  hereof.  Each  commis- 
eioner  shall  give  a  bond  for  the  faithful  performance  of  his  duties,  to 
be  approved  by  the  board  of  supervisors,  in  such  amount  as  said  board 
may   require. 

Main  highway  defined. 

§  3.  For  the  purpose  of  this  act  a  main  public  highway  is  defined  to 
be  a  highway  connecting  different  cities  and  towns  in  the  same  or 
different  counties,  or  connecting  any  city  or  town  in  one  county  with 
the  public  highwaj^  system  of  another  county.  Provision  may  be  made 
under  this  act  for  the  improvement  of  any  number  of  such  highways 
jointly,  to  be  paid  for  with  the  proceeds  of  one  bond  issue. 

Duty  of  commissioners.     New  highways. 

§4.  Immediately  upon  their  appointment  said  commission  shall  pro- 
ceed with  all  diligence  to  investigate  carefully  the  main  public  high- 
ways of  the  county  and  the  condition  thereof,  and  to  have  made  a  map 
showing  said  main  public  highways,  their  connections,  and  such  other 
information  in  regard  thereto  as  the  commission  may  deem  necessary 
for  carrying  out  the  purposes  of  this  act,  and  to  ascertain  which  of 
said  main  public  highways  should  be  improved  by  the  issuance  of  bonds, 
and  the  kind  of  improvements  to  be  made  thereon,  and  to  estimate 
the  cost  of  such  improvements.  And  also  to  investigate  carefully  the 
question  of  laying  out  and  constructing  any  new  public  highways  which 
said  commission  may  deem  necessary  to  be  laid  out  and  constructed  in 
the  county,  and  to  have  made  a  map  showing  said  proposed  new  public 
highways,  their  connections,  and  such  other  information  in  regard  thereto 
as  the  commission  may  deem  necessary  for  carr3'ing  out  the  pur- 
poses of  this  act,  and  to  ascertain  whether  any  of  said  new  public 
highways  should  be  laid  out  and  constructed  by  the  issuance  of  bonds, 
and  the  kind  of  improvements  to  be  made  thereon,  and  to  estimate  the 
cost  of  such  improvements.  [Amendment  approved  March  6,  1909. 
Stats.  1909,  p.  154.     In  effect  immediately.] 


Act  1448,  §§  5-8  GENERAL  LAWS,  442 

Employment  of  engineer. 

§  5.  With  the  consent  of  the  board  of  supervisors  they  may  employ  a 
competent  engineer  or  engineers  and  other  experts,  at  the  cost  of  the 
county,  to  make  any  necessary  surveys  and  prepare  said  map,  and  to 
assist  the  commission  in  determining  the  best  material  to  be  used  and 
the  best  manner  of  making  such  improvements  and  the  cost  thereof. 
All  surveys  made  for  the  purpose  of  determining  the  location  of  high- 
ways shall  be  approved  by  the  county  surveyor  before  the  same  as 
adopted   by   the   commission. 

Report  to  board   of  supervisors. 

§6.  After  having  ascertained  what  improvements  should  be  made, 
and  the  estimated  cost  thereof  proposed  to  be  covered  by  a  bond  issue, 
the  commission  shall  make  and  file  with  the  board  of  supervisors  a 
report  setting  forth  the  main  public  highway  or  highways  proposed  tC' 
be  improved,  by  their  termini,  describing  generally  the  kind  of  im- 
provements to  be  made  thereon,  and  stating  the  estimated  cost  of  the 
work  to  be  done,  and  the  amount  to  be  raised  by  bonds  therefor,  and 
praying  the  said  board  of  supervisors  to  call  an  election  for  the  issuance 
of  bonds  of  the  county  therefor,  for  the  estimated  amount. 

Election  to  determine  whetlier  bonds  shall  be  issued. 

§7.  If  said  report  is  not  approved  by  the  board  of  supervisors  they 
may  refer  it  back  to  said  commission  for  further  consideration.  If 
the  board  approve  the  report  they  shall  adopt  the  same,  and  shall  with- 
out delay  call  an  election  to  determine  whether  bonds  of  the  county 
shall  be  issued  in  the  amount  recommended  by  the  commission,  for  the 
purposes  stated  in  their  report.  Said  election  shall  be  called  and  held 
and  said  bonds  issued,  sold  and  paid  under  and  in  accordance  with  all 
the  provisions  of  law  now  or  hereafter  existing  in  regard  to  the  issu- 
ance, sale  and  payment  of  county  bonds,  and  all  proceedings  had  in 
regard  to  such  bonds  shall  be  in  accordance  with  such  provisions  of 
law;  provided  however,  that  the  board  may  form  bond  election  pre- 
cincts by  consolidating  the  precincts  established  for  general  election 
purposes  to  a  number  not  exceeding  six  for  each  bond  election  precinct, 
and  shall  appoint  only  one  inspector,  two  judges  and  one  clerk  for 
each  bond  election  precinct,  and  provided  further,  that  it  shall  be  suffi- 
cient to  set  forth  the  purpose  of  the  bond  issue  in  said  proceedings  by 
describing  the  highways  to  be  improved  as  the  same  are  described 
in  said  report  of  the  highway  commission.  Any  defect  or  irregularity 
in  the  proceedings  prior  to  the  calling  of  such  election  shall  not  affect 
the   validity   of   the   bonds. 

Sale  of  bonds.     Surplus  of  funds.    Donations. 

§  8.  Said  bonds  shall  not  be  sold  for  less  than  par,  and  the  pro- 
ceeds thereof  shall  be  paid  into  the  treasury  of  the  county  and  placed  in 
a  special  fund  to  be  denominated  the  "highway  improvement  fund"; 
and  shall  be  used  solely  for  the  purposes  set  forth  in  said  report  of 
the  highway  commission,  or  such  other  purposes  as  are  authorized  by  this 


443  HIGHWAYS.  Act  1448,  §  9 

act;  provided  that  if  there  shall  be  any  surplus  of  funds  voted  for  the 
improvement  of  any  road  or  roads  after  the  completion  thereof,  such 
surplus  may  be  used  for  the  improvement  of  other  main  public  high- 
ways, under  the  control  and  direction  of  the  highway  commission. 
The  highway  commission  may  receive  and  accept  clonations  from  any 
person  for  any  work  which  they  are  authorized  to  have  done,  and  the 
same  shall  also  be  paid  into  the  said  fund.  No  moneys  shall  be  paid 
out  of  said  fund  except  upon  the  warrant  of  the  auditor  of  said  county 
issued  upon  the  order  of  the  highway  commission,  duly  allowed  by  the 
board    of    supervisors    thereof. 

Supervision  of  work.     Plans  and  profiles.     Contracts  for. 

§  9.  The  doing  of  the  work  for  which  said  bonds  are  issued  shall 
be  under  the  supervision  and  direction  of  the  highway  commission; 
provided  that  the'  final  acceptance  thereof  shall  bo  by  the  board  of 
supervisors.  As  soon  as  the  funds  raised  by  the  sale  of  said  bonds  are 
in  the  treasury  the  commission  shall  proceed  to  prepare  detailed  specifi- 
cations, plans  and  profiles  for  the  work  to  be  done,  or  for  such  parts  of 
it  as  they  deem  it  advisable  to  have  done  separately,  if  they  have  not 
already  done  so,  and  for  this  purpose  they  may  hire  assistants,  with  the 
consent  of  the  board  of  supervisors;  and  they  shall  then  present  said 
specifications,  plans  and  profiles,  with  their  recommendations  in  regard 
to  the  doing  of  the  work  and  letting  of  contracts  to  the  board  of  super- 
visors, who  shall  either  adopt  or  reject  the  sam.e  as  presented.  If  the 
board  adopt  the  same  they  shall  thereupon  advertise  for  bids  for  doing 
the  said  work,  or  any  part  thereof  which  the  highway  commission  recom- 
mend should  be  done  separately,  in  accordance  with  said  plans,  profiles, 
and  specifications,  by  publishing  a  notice  for  ten  days  in  a  daily  news- 
paper or  two  weeks  in  a  weekly  newspaper  published  at  the  county  seat. 
Every  contract  for  doing  any  part  of  said  work  shall  be  let,  after 
advertisement  as  above  provided,  to  the  lowest  responsible  bidder  who 
will  give  security  for  the  faithful  performance  of  his  contract,  with 
sureties  satisfactory  to  the  board  of  supervisors,  in  such  amount  as 
they  may  fix,  which  shall  be  stated  in  said  advertisement;  provided 
however,  that  the  board  may  authorize  the  highway  commission  to  make 
contracts,  without  advertisement,  for  any  part  of  said  work  the  cost  of 
which  does  not  exceed  one  thousand  dollars;  and  provided  further,  that 
the  board  may  reject  all  bids  and  may  thereupon  readvertise  for  bids 
for  doing  any  part  or  the  whole  of  said  work,  or  in  their  discretion 
authorize  the  highway  commission  to  purchase  the  necessary  material, 
purchase  or  hire  tools  and  appliances,  and  hire  laborers,  and  to  do  the 
work  or  any  part  thereof  without  letting  any  contract  therefor.  In  such 
case  all  contracts  for  materials,  tools  or  appliances,  amounting  to  more 
than  one  thousand  dollars  in  value  shall  be  let  by  the  commission  to  the 
lowest  responsible  bidder,  after  advertisement  as  above  provided.  Said 
commission  may,  with  the  consent  of  the  board  of  supervisors,  hire  all 
necessary  engineers,  inspectors  and  superintendents  to  supervise  the  per- 
formance of  said  contract,  or  to  have  charge  of  the  doing  of  said  work 
without  contract. 


Act  1448,  §§  10-12  GENERAL  LAWS.  444 

Character  of  materials.    Railroads  not  to  use. 

§  10.  All  improvements  constructed  under  this  act  shall  be  of  a 
durable  and  lasting  character;  provided,  that  said  commission  shall  have 
the  power  to  determine  how  said  highways  shall  be  improved  and  con- 
structed, and  the  character  of  the  materials  to  be  used  in  the  improve- 
ment and  construction  thereof.  If  said  commission  shall  determine  that 
said  highways,  or  any  of  them,  shall  be  macadamized  or  paved,  then 
the  macadamized  or  paved  portion  of  the  roadbed  constructed  or  any 
highway  or  portion  thereof  improved  under  this  act,  shall  not  exceed 
sixteen  feet  in  width,  unless  donations  are  made  to  the  highway  com- 
mission for  that  purpose,  in  -which  case  such  donations  may  be  used 
to  defray  the  increased  cost  of  constTucting  such  macadamized  or  paved 
roadbed  more  than  sixteen  feet  wide  on  any  part  of  such  highway 
specified  by  the  donors;  but  no  part  of  the  proceeds  of  any  bond  issue 
shall  be  expended  for  such  purpose.  No  railroad,  electric  road,  or  street 
railroad  shall  be  constructed  along  or  upon  any  highway,  or  any  portion 
thereof,  improved  under  the  provision  of  this  act,  except  for  crossings 
duly  authorized  by  the  board  of  supervisors  or  other  legislative  body 
having  control  thereof,  nor  shall  any  board  of  supervisors  or  other 
legislative  body  have  power  to  grant  any  franchise  for  the  construction 
of  any  railroad,  electric  road,  or  street  railroad  along  or  upon  any  such 
highway  or  portion  thereof,  except  for  crossings.  [Amendment  ap- 
proved March  6,   1909.     Stats.  1909,  p.   155.     In   effect  immediately.] 

Eminent  domain. 

§  11.  Whenever  the  said  highway  commission  shall  deem  it  neces- 
sary, the  board  of  supervisors  may,  on  its  recommendation,  cause  any 
highway  it  proposes  to  improve  to  be  widened,  straightened,  or  altered, 
and  cause  new  highways  to  be  laid  out  and  constructed,  and  for  that 
purpose  they  may  acquire  land  in  the  name  of  the  county  by  donation 
or  purchase;  and  may  order  the  condemnation  of  such  land  and  direct 
the  district  attorney  to  bring  an  action  in  the  name  of  the  county  for 
that  purpose  under  the  provisions  of  the  Code  of  Civil  Procedure  in 
relation  to  eminent  domain.  In  such  action  the  order  of  the  board  of 
supervisors  shall  be  conclusive  evidence  of  the  regularity  of  all  prior 
proceedings.  The  cost  of  purchasing  or  condemning  such  land  shall  be 
paid  out  of  the  highway  improvement  fund.  [Amendment  approved 
March  6,  1909.     Stats.   1909,  p.   155.     In   effect  immediately.] 

Incorporated  city  may  improve  portion  of  highway. 

§  12.  No  part  of  any  highway  lying  within  the  corporate  limits  of 
any  incorporated  city  or  town  shall  be  improved  under  the  provisions 
of  this  act;  but,  when  any  highway  which  is  being  so  improved  shall 
pass  through  any  incorporated  city  or  town,  said  city  or  town  is  hereby 
authorized  to  improve  the  portion  of  such  highway  lying  within  its 
corporate  limits,  and  for  the  purpose  of  raising  the  necessary  funds 
therefor,  to  issue  bonds  in  such  manner  as  may  be  provided  by  law 
for  the  issuing  of  bonds  by  such  city  or  town  for  public  improvements. 


443  HIGHWAYS.  Act  1449 

Repairs.    . 

§  13.  All  necessary  repairs  to  any  highway  improved  under  this  act 
shall  be  made  by  the  same  officers  who  may  be  charged  with  the  duty 
of  repairing  other  highways  of  tlie  county,  and  the  cost  of  such  repairs 
shall  be  paid  out  of  the  general  fund  of  the  county. 

Highway  commission  to  file  statement,  when. 

§14.  Said  highway  commission  shall,  at  least  once  in  every  six 
months,  make  and  file  with  the  board  of  supervisors  a  detailed  statement 
of  their  proceedings,  showing  the  amount  of  money  in  the  highway 
improvement  fund  at  the  time  of  their  last  statement,  the  amount  of 
all  donations  since  received,  and  the  purposes  for  which  said  donations 
were  made,  the  amount  since  expended,  with  the  purposes  for  which 
it  was  expended  and  the  balance  remaining,  the  contracts  entered  into 
or  other  obligations  incurred  by  them  and  still  outstanding,  the  high- 
ways in  course  of  improvement  or  completed  since  their  last  statement, 
and  the  condition  of  the  work  on  each,  together  with  any  other  inform- 
ation that  they  may  consider  of  interest  to  the  public. 

Per  diem  of  conmiissioners.    From  what  fund  paid. 

§  15.  Each  member  of  said  highway  commission  shall  receive  a  per 
diem  of  five  dollars  for  each  day  actually  and  necessarily  spent  in  the 
discharge  of  his  duties,  together  with  his  actual  necessary  traveling 
expenses,  to  be  allowed  by  the  board  of  supervisors  and  paid  monthly. 
Said  per  diem  and  expenses  and  all  other  demands  against  the  county 
which  said  highway  commission  are  authorized  to  incur  shall  be  paid 
out  of  the  general  fund  of  the  county  until  there  shall  be  money  in  the 
highway  improvement  fund  derived  from  the  sale  of  bonds,  whereupon 
the  general  fund  shall  be  reimbursed  from  the  highway  improvement 
fund  for  the  amounts  so  expended,  and  thereafter  said  per  diem  and 
expenses  and  other  demands  shall  be  paid  out  of  said  highway  im- 
provement fund;  provided  however,  that  after  the  preparation  and  filing 
of  their  report  and  recommendation  for  the  issuance  of  bonds  the  mem- 
bers of  said  highway  commission  shall  not  receive  any  per  diem  or 
expenses  unless  there  is  money  in  said  highway  improvement  fund  to 
pay  the  same. 

§  16.     This  act  shall  take  effect  immediately. 

ACT    1449. 

An    act    to    provide   for   the    formation    of   boulevard    districts    and    the 

construction,   maintenance,  and  use   of  boulevards  and   defining  the 

term  boulevard. 
[Approved  March  22,  1905.     Stats.  1905,  p.  754.     Amended  1909,  p.  923.] 

§  1.  Any  portion  of  a  county  not  contained  in  a  boulevard  district 
may  be  formed  into  a  boulevard  district  under  the  provisions  of  this 
act,  and  when  so  formed  shall  be  known  and  designated  by  the  name 
and  style  of  boulevard  district   (using  the  name  of  the  district). 


Act  1449,  §§  2,  3  GENERAL  LAWS.  446 

of  county    (using   the   name   of   the   county  in   which   said   district 

is  located),   and   Khali   have   the   rights   herein   enumerated   and   such   as 
may  hereafter  be  conferred  by  law. 

§2.  A  petition  for  the  formation  of  such  boulevard  district  (nam- 
ing it)  may  be  presented  to  the  board  of  supervisors  of  the  county 
wherein  the  district  is  proposed  to  be  formed,  which  said  petition  shall 
be  signed  by  not  less  than  twenty-five  freeholders,  resident  within  the 
proposed   district,    and   shall    contain: 

(1)  The  boundaries  of  the  proposed  district. 

(2)  The  number  of  acres  contained  therein  and  the  approximate 
value  thereof  and  of  the  improvements  thereon. 

(3)  A  particular  description  of  the  boulevard  which  it  is  desired 
to   lay   out,   open   and   construct. 

(4)  A  request  that  an  election  be  called  within  said  district  for  the 
purpose  of  determining  the  question  of  formation  of  said  boulevard 
district  and  the  building  of  the  boulevard  described  in  said  petition. 
Whether  the  amount  to  be  raised  be  by  taxation  on  taxable  property 
within  said  district  or  by  the  issuance  of  bonds  on  the  taxable  prop- 
erty therein.  Such  petition  must  also  be  accompanied  by  a  map  show- 
ing the  location  of  said  boulevard  and  of  said  district,  with  relation 
to  the  territory  immediately  contiguous  thereto;  also  with  a  cross- 
section  and  profile  of  said  proposed  boulevard,  together  with  specifica- 
tions for  the  construction  thereof,  which  said  map  shall  be  approved 
as  to  location  of  the  boulevard  and  said  cross-section,  profile  and 
specifications,  as  to  manner  of  construction,  by  the  county  surveyor, 
of  the  county  in  which  said  proposed  district  is  located,  who  shall  also 
furnish  an  estimate  of  the  cost  of  acquiring  the  right  of  way  therefor 
and  constructing  said  boulevard.  There  shall  also  be  filed  with  said 
board  of  supervisors,  at  the  time  said  petition  is  presented,  a  bond  in 
the  sum  of  not  more  than  three  hundred  dollars,  with  two  sufiicieut 
sureties,  to  be  approved  by  said  board,  who  shall  each  qualify  in  double 
the  amount  of  the  penal  sum  thereof  conditioned  that  they  will  pay 
the  expense  and  cost  of  said  election  in  an  amount  not  exceeding  the 
amount  mentioned  in  said  bond,  as  the  penal  sum  thereof,  in  case  such 
election  shall  fail  to  carry.  [Amendment  approved  April  15,  1909. 
Stats.  1909,  p.  923.] 

§3.  Such  petition  must  be  presented  at  a  regular  meeting  of  said 
board  of  supervisors  and  they  shall  thereupon  fix  a  time  for  hearing 
said  petition,  not  less  than  twenty-one  nor  more  than  thirty  days 
after  the  date  of  presentation  thereof,  and  shall  publish  a  notice  of 
the  fact  that  such  petition  has  been  filed  (referring  to  the  same  on 
file  with  the  clerk  of  the  board  of  supervisors  for  further  particulars) 
and  giving  the  date  and  hour  at  which  said  petition  will  be  heard, 
which  said  notice  shall  be  published  at  least  once  a  week  for  two 
consecutive  weeks  in  some  newspaper  published  and  circulated  in  said 
proposed  district;  provided,  that  if  no  newspaper  be  so  published  in 
said  district,  then  said  notice  shall  be  so  published  in  some  newspaper 


*47  HIGHWAYS.  Act  1449,  §§  4-7 

published  and  circulated  in  the   county  in  which  said  proposed   district 
is    located. 

This  section  was  incorporated  in  the  amendatory  act  of  1909  at  page  924,  but 

it   was    not   included   in    the    title   of    the    act   and    the    original    section   was   not 

changed. 

§4.  Upon  the  day  named  for  the  hearing  of  said  petition,  the 
board  of  supervisors  shall  hear  the  same  and  may  adjourn  such  hearing 
from  time  to  time,  not  more  than  two  weeks  in  all.  On  the  final  hear- 
ing they  shall  make  such  changes  in  the  proposed  boundaries  as  they 
may  find  to  be  proper,  and  shall  define  and  establish  such  boundaries. 
Any  change  made  by  the  board  of  supervisors  shall  not  include  any 
territory  outside  of  the  boundaries  described  in  the  petition  until  the 
board  has  given  at  least  two  weeks'  notice  of  its  intention  to  include 
such  territory  in  said  district,  said  notice  to  be  given  and  published 
as  herein  provided  for  the  notice  of  the  hearing  of  said  petition. 

This  section  was  incorporated  in  the  amendatory  act  of  1909  at  page  924,  but 

it   was    not   included   in    the   title   of   the   act   and   the    original    section   was    not 

changed. 

§  5.  The  boundaries  established  by  the  board  of  supervisors  shall  be 
the  boundaries  of  such  boulevard  district  until  the  same  shall  be  changed 
in  the  manner  provided  by  law.  But,  if  it  shall  appear  to  the  boa.rd 
that  the  boundaries  of  any  such  division  have  been  incorrectly  de- 
scribed, it  shall  direct  the  county  surveyor  to  ascertain  and  report 
the  correct  description  of  the  boundaries,  in  conformity  with  the  orders 
of  said  board  of  supervisors,  which  said  report  must  be  filed  within 
thirty  days  from  the  day  of  making  such  order.  At  the  first  regular  meet- 
ing after  the  filing  of  said  report,  the  board  of  supervisors  shall  ratify 
the  same,  with  such  modifications  as  they  deem  necessary,  and  the 
boundaries  so  established  shall  be  the  legal  boundaries  of  such  boule- 
vard   district. 

This  section  was  incorporated  in  the  amendatory  act  of  1909  at  page  924,  but 

it   was    not   included   in    the   title    of    the   act   and   the    original    section   was    not 

changed. 

§  6.  The  board  of  supervisors  thereupon  and  not  later  than  the  first 
regular  meeting  after  the  establishment  of  said  boundaries,  as  here- 
inbefore provided,  shall  give  notice  of  an  election  to  be  held  in  such 
proposed  boulevard  district  for  the  purpose  of  determining  whether 
such  district  shall  be  formed;  whether  the  amount  to  be  raised  be 
by  taxation  on  taxable  property  within  said  district  or  by  the  issuance 
of  bonds  on  the  taxable  property  therein,  and  if  the  amount  to  be  raised 
be  by  the  issuance  of  bonds,  said  notice  shall  specify  such  amount, 
and  said  boulevard  built  as  in  said  petition,  maps,  cross-sections,  profiles, 
specifications  and  estimates  described.  [Amendment  approved  April  15, 
1909.     Stats.   1909,  p.  924.] 

What  notice  shall  specify. 

§  7.  Such  notice  must  specify  the  time  and  place  or  places  of  hold- 
ing the  election,  the  amount  of  money  proposed  to  be  raised,  and  the 


Act  1449,  §§  8, 9  GENERAL  LAWS.  448 

purposes  for  which  it  is  to  be  used,  including  a  brief  description  of 
the  proposed  work  and  materials  to  be  used,  and  referring  to  the  map, 
profiles,  cross-sections,  specifications  and  estimates  on  file  with  the  clerk 
of  the  board  of  supervisors.  [Amendment  approved  April  15,  1909. 
Stats.   1909,   p.   925.] 

Conduct  of  election.     Ballots. 

§  8.  For  the  purposes  of  this  election  the  board  of  supervisors  shall 
establish,  by  order,  one  or  more  precincts  within  the  boundaries  of  said 
district  and  appoint  one  inspector,  one  judge  and  one  clerk  for  each, 
to  conduct  the  same,  and  said  election  must  be  held  in  all  respects  as 
near  as  practicable  in  conformity  with  the  general  election  laws  of 
the  state.  At  such  election  the  ballots  shall  contain  the  words  "For 
the  formation  of  said  district  and  the  construction  of  said  boulevard — 
yes,  no,"  together  with  a  square  at  the  right  of  the  word  "Yes"  and  at 
the  right  of  the  word  "No"  in  which  the  voter  may  stamp  his  ballot 
to  indicate  his  choice.  At  such  election  if  the  petition  request  that  the 
money  be  raised  by  the  issuance   of  bonds  the  ballots  shall  contain   in 

addition    to    the    above    the    words    "For    the    issuance    of    dollars 

bonds — Yes,"  (or)  "For  the  issuance  of  dollars  bonds — No,"  to- 
gether with  a  square  at  the  right  of  the  words  "For  the  issuance  of 
dollars  bonds — Yes,"  and  at  the  right  of  the  words  "For  the  issu- 
ance  of  dollars   bonds — No,"   in   which   the   voter    may    stamp    his 

ballot  to  indicate  his  choice.  But  no  particular  form  of  ballot  other 
than  above  set  forth  need  be  used;  nor  shall  any  informality  in  con- 
ducting said  election  invalidate  the  same  if  the  election  shall  have 
been  otherwise  fairly  conducted.  [Amendment  approved  April  15,  1909. 
Stats.   1909,   925.] 

Certificate  of  result. 

§9.  The  officers  of  the  election  must  certify  the  result  of  the  elec- 
tion to  the  board  of  supervisors,  giving  the  whole  number  of  votes 
cast,  the  number  for  and  the  number  against  the  formation  of  said 
boulevard  district  and  the  building  of  said  boulevard;  the  number  for 
and  the  number  against  the  issuance  of  bonds.  If  the  majority  of  the 
votes  cast  are  in  favor  of  the  same,  the  board  of  supervisors  must  enter 
an  order  to  that  effect  upon  its  minutes,  declaring  said  district  formed 
and  that  said  boulevard  shall  be  built,  and  the  amount  to  be  raised 
by  taxation  or  by  bonds  on  the  taxable  property  within  said  district, 
which  said  amount  shall  be  in  the  aggregate  not  exceeding  seventy- 
five  per  cent  of  the  estimated  cost  of  acquiring  the  right  of  way  there- 
for and  constructing  said  boulevard,  as  found  in  the  estimates  to  be 
furnished  by  the  county  surveyor  of  said  county;  the  balance,  twenty- 
five  per  cent,  to  be  paid  out  of  the  general  road  fund  of  the  county; 
and  the  board  of  supervisors  shall,  if  bonds  are  not  voted,  at  the  time 
of  fixing  the  amount  of  the  county  tax  levy,  levy  a  tax  upon  the  tax- 
able  property    of    said    district    sufficient    to    pay    said    amount. 

If  at  such  election  the  majority  of  the  votes  cast  are  in  favor  of  the 
issuance  of  bonds,  then  the  board  of  supervisors  shall  cause  an   entry 


4-19  HIGHWAYS.  Act  1449,  §§  10,  11 

of  that  fact  to  be  made  upon  the  minutes  and  thereupon  they  shall 
be  authorized  and  empowered  to  issue  the  bonds  of  said  district  for 
the  number  and  amount  provided  for  in  such  proceedings,  payable 
out  of  the  funds  of  such  district  and  that  the  money  shall  be  raised 
by  taxation  upon  the  property  in  said  district  for  the  redemption  of 
said  bonds  and  the  payment  of  interest  thereon  in  like  manner  as 
prescribed  in  the  Political  Code  for  the  redemption  and  payment  of 
interest  on  public  school  bonds. 

The  board  of  supervisors  by  an  order  entered  upon  the  minutes  shall 
prescribe  the  form  of  said  bonds  and  of  the  interest  coupons  attached 
thereto,  and  shall  fix  the  time  when  the  several  bonds  shall  become 
due,   not   exceeding  twenty  years   from   the    date   thereof. 

Such  bonds  shall  bear  no  greater  rate  of  interest  than  seven  per 
cent  per  annum,  and  the  interest  shall  be  payable  annually  by  the 
county  treasurer.  The  bonds  and  each  coupon  shall  bear  the  auto- 
graph or  facsimile  printed  signature  oi  the  chairman  of  the  board 
and  of  the  county  clerk.  Said  bonds  shall  be  sold  by  the  county 
treasurer,  after  reasonable  notice,  to  the  highest  and  best  bidder,  and 
for  not  less  than  par  and  accrued  interest,  if  any.  [Amendment  ap- 
proved  April   15,   1909.     Stats.    1909,   p.   925.] 

Work  to  be  done  by  contract. 

§  10.  The  work  provided  for  in  this  act  to  be  done  shall  be  by  law 
contracted  to  the  lowest  responsible  bidder,  in  accord  with  the  pro- 
visions of  section  2643  of  the  Political  Code  of  California.  The  suc- 
cessful bidder  shall  give  a  bond  in  such  sum  as  the  board  of  super- 
visors shall  provide,  conditioned  for  the  faithful  performance  of  the 
contract,  together  with  any  and  all  bonds  required  by  law  for  public 
work.  The  work  done  under  said  contract  to  be  performed  under  the 
direction  and  to  the  satisfaction  of  the  surveyor  of  the  county  in  which 
said  boulevard   district   is  located. 

This  section  was  incorporated  in  the  amendatory  act  of  1909   at  page  926,  but 

was  not  included  in  the  title  and  the  original  section  was  not  changed. 

Surplus   moneys,    disposition   of. 

§  11.  Any  money  remaining  to  the  credit  of  the  boulevard  district 
on  completion  of  the  work  contracted  for,  with  any  and  all  gifts  and 
donations  thereto,  except  all  gifts  and  donations  expressly  given  for 
the  purpose  and  to  be  used  in  the  original  construction  of  said  pro- 
posed boulevard,  shall  remain  in  the  fund  of  the  district  and  be  ex- 
pended in  the  betterment  of  said  boulevard.  The  maintenance  of  the 
same,  after  the  completion  thereof,  to  be  paid  out  of  the  general  road 
fund  of  the  county;  provided,  that  the  board  of  supervisors  of  the 
county  in  which  said  boulevard  district  is  located,  may,  as  now  or  here- 
after provided  by  law,  arrange  with  the  department  of  highwAys  or 
other  lawful  authority  to  turn  said  boulevard  over  to  the  state  of 
California,  and  it  shall  thereafter  be  kept  and  maintained  as  a  state 
boulevard  out  of  the  funds  provided  by  law  for  state  highway  pur- 
poses, but  subject  at  all  times  nevertheless  to  the  limitations  aa  \o 
Gen,  Laws — 29 


Act  1449,  §§  12-14  GENERAL  LAWS.  450 

the  use  thereof  hereinafter  provided.     [Amendment  approved  April   15, 
1909.     Stats.  1909,  p.  926.] 

Boulevard  may  be  over  county  road.     Term  "boulevard"  defined. 

§  12.  Any  boulevard  constructed  under  this  act  may  be  constructed 
over,  along  or  upon  any  county  road  or  public  highway,  or  any  part 
thereof,  and  the  moneys  belonging  to  such  boulevard  district  may  be 
expended  in  the  improvement  of  such  road  or  highway  to  conform  to 
the  width  and  general   character  of  the  balance   of   the  boulevard. 

By  the  term  "boulevard"  as  used  herein  is  meant  a  highway  of 
limited  dedication  and  use,  not  less  than  one  hundred  feet  in  width 
and  upon  which  no  wagon  or  heavy  teaming,  having  a  tire  of  less  than 
four  inches,  shall  be  permitted,  and  upon,  along  and  over  which  no 
franchise  for  telephone,  telegraph  or  electric  wires  or  poles  or  for  the 
operation  or  running  of  cars  or  vehicles  upon  fixed  tracks  or  rails 
thereon,  shall  ever  be  granted;  and  any  easements  granted  or  con- 
demned for  the  building  of  said  boulevard  shall  be  so  granted  or  con- 
demned; provided,  that  nothing  herein  shall  be  deemed  to  apply  to  or 
preventing  the  granting  of  such  franchise  or  limiting  the  use  of  wagons 
across  said  boulevard,  on,  over  and  along  intersecting  streets  and  high- 
ways.    [Amendment    approved   April   15,    1909.     Stats.    1909,   p.   927.] 

Eminent  domain. 

§  13.  All  provisions  of  the  law  of  the  state  of  California  relating  to 
streets  and  highways,  including  the  right  of  eminent  domain,  save  only 
section  2  of  an  act  of  the  legislature  of  the  state  of  California  entitled 
"an  act  to  repeal  Chapter  II  of  Title  VI,  Part  III,  of  an  act  of  the 
legislature  of  the  state  of  California,  entitled  'an  act  to  establish  a 
Political  Code,'  approved  March  12,  1872,  and  each  and  every  section 
of  said  Chapter  II.  And  to  enact  a  new  Chapter  II  of  Title  VI,  of 
Part  III,  of  said  code,  and  substitute  the  same  in  place  of  said  repealed 
Chapter  II  in  said  code,  relating  to  roads  and  highways,"  approved  Feb- 
ruary 28,  18S3,  and  also  an  act  of  the  legislature  of  the  state  of  Cali- 
fornia entitled  "an  act  for  the  establishment  of  a  uniform  system  of 
road  government  and  administration  in  the  counties  of  the  state  of 
California,"  approved  April  1,  1897,  not  in  conflict  herewith,  are  hereby 
made  applicable  to  the  opening,  laying  out  and  maintaining  of  boulevards 
constructed  hereunder  and  the  acquiring  of  rights  of  way  therefor. 

This  section  was  also  included  in  the  amendatory  act  of  1909  at  page  927,  but 

it  was   not  mentioned  in   the   title   of   the   act   and  the  original   section   was   not 

changed. 

Management  of  district. 

§  14.  The  board  of  supervisors  of  the  county  in  which  said  boule- 
vard district  is  located  shall  have  sole  control  of  the  management  and 
affairs   of  said  boulevard   district. 

This  section  was  also  included  in  the  amendatory  act  of  1909  at  page  927,  but 

it  was   not  mentioned  in   the   title   of    the   act   and   the   original   section   was   not 

changetk. 


451  HIGHWAYS.  Acts  1450-1456 

ACT    1450. 

An  act  to  provide  for  the  location  and  construction  of  a  public  high- 
way from  the  General  Grant  Park  in  Fresno  county;  thence  east- 
erly a  distance  of  about  fifty  miles  to  the  Kings  Kiver  canyon; 
and  making  an  appropriation  for  the  construction  tlicreof;  and 
providing  for  a  commission  to  take  charge  of,  locate  and  construct 
said  highwaj^,  and  to  repeal  an  act  entitled  "An  act  to  appropriate 
money  for  the  survey,  location  and  construction  of  a  free  wagon 
road  from  the  town  of  Mariposa  in  Mariposa  County  to  the 
Yosemite  Valley,"  approved  March  26,  1895.  [Stats.  1905,  p.  797.] 
See,  also,  Act  of  1909,  p.  351,  providing  for  a  continuation  of  the  constructio/i 
of  the  Kings  River  highway. 

ACT   1451. 

Granting  to  roads  and  highways  a  right  of  way  over  the   public  lands 
of    this    state.     [Stats.    1865-66,    p.    855.] 

ACT   1452. 

To  appropriate  money  to  purchase  certain  roads  within  Yosemite  grant. 
[Stats.     1889,    p.    142.] 
The  roads  included  in   the  act  were  the  Big  Oak  Flat  road  and  the  Yosemite 
and  Waviroua  road. 

ACT   1453. 

To  declare  a  part  of  the  Sonora  and  Mono  wagon  road,  commencing 
east  of  Sonora,  at  a  point  known  as  Long  Barn,  in  Tuolumne 
County  and  running  thence  across  the  summit  of  the  Sierra  Nevada 
Mountains  to  Bridgeport,  in  Mono  County,  a  state  highway.  [Be- 
came a  law  under  constitutional  provision  without  governor's  ap- 
proval,   March    12,    1901.     Stats.    1901,    p.    272.] 

ACT  1454. 

To  provide  for  locating  and  surveying  a  proposed  highway  from  a 
point  on  the  Trinity  Eiver,  in  Trinity  County,  near  the  tov/n  of 
North  Fork,  thence  westerly  down  said  river  about  forty  miles  to 
connect  with  an  existing  road  in  Humboldt  County,  and  making 
an  appropriation  therefor.  [Approved  March  26,  1903.  Stats.  1903, 
p.  515.] 

ACT  1455. 

Providing  for  the  construction  of  a  free  wagon  road  from  Mono  Lake 
basin    to    the    Tioga    road.     [Stats.    1899,    p.    26.] 

ACT  1456. 

To  provide  for  the  construction  of  the  unfinished  part  of  the  free 
wagon  road  from  Mono  Lake  basin  to  connect  with  a  road  called 
the  "Tioga  Eoad,"  at  or  ne-ir  the  "Tioga  Mine,"  and  making  an 
appropriation  therefor.  [Approved  March  26,  1903.  Stats.  1903, 
p.  523.] 


Acts  1457-1458  GENERAL  LAWS.  452 

ACT    1457. 

To  provide  for  the  construction  of  a  state  highway  or  wagon  road  from 
Sacramento  City  to  Folsom,  m  Sacramento  County,  and  appropriat- 
ing crushed  rock  and  granite  or  stone  blocks  for  drains  and  cul- 
verts for   same.     [Approved   March   29,   1897.     Stats.   1897,  p.   239.] 

ACT  1457a. 

An  act  to  make  an  appropriation  for  the  location,  survey  and  construc- 
tion of  a  state  highway  from  Emigrant  Gap,  Placer  County,  in  an 
easterly  direction  through  what  is  known  as  the  Truckce  Pass,  to' 
the  west  end  of  Donner  Lake  in  Nevada  County,  [Approved( 
March   13,   1909.     Stats.    1909,   p.   352.] 

ACT  1457b. 

An  act  to  make  an  appropriation  for  the  location,  survey  and  construc-i 
tion  of  a  state  highway  from  a  point  known  as  the  Mount  Pleasant 
ranch  on  the  road  between  Quincy  and  Marysville  thence  in  a 
southeasterly  direction  by  Eureka  to  Downieville,  Sierra  County. 
[Approved   March   8,    1907,     Stats.    1907,   p.    138.] 

ACT   1457c. 

An  act  to  provide  for  the  survey,  location  and  construction  of  a  state. 
highway  connecting  the  present  county  road  systems  of  any  one^ 
or  all  the  counties  of  Trinity,  Tehama  and  Shasta  with  the  road 
system  of  Humboldt  County,  which  will  most  conveniently  accom- 
modate the  citizens  of  said  counties  and  making  an  appropriation 
therefor.     [Approved  March  8,  1907.     Stats,   1907,  p.   139.] 

ACT  1458. 

An   act   to   provide   for   the   care,   management   and   protection   of   state 

highways. 

[Approved   March   24,   1903.     Stats.    1903,   p.   400.] 

§  1.  If  any  state  highway  duly  declared,  laid  out,  or  erected,  is  en- 
croached upon  by  fences,  buildings,  or  otherwise,  the  highway  com- 
missioner of  California  may  require  the  removal  of  the  encroachment. 
Notice  must  be  given  to"  the  occupant  or  owner  of  the  land  or  person 
causing  or  owning  said  encroachment,  or  must  be  left  at  his  place  of 
residence,  if  such  be  known  to  the  commissioner,  or  in  case  of  a  non- 
resident, then  left  Vv'ith  his  agent,  if  known,  otherwise  it  must  be  posted 
on  the  encroachment.  Said  notice  must  specify  the  breadth  of  the 
state  highway,  the  place  and  extent  of  the  encroachment,  and  require 
him  to  remove  the  same  within  five  days. 

§2.  If  the  encroachment  is  not  removed,  or  commenced  to  be  re- 
moved and  diligently  prosecuted  prior  to  the  expiration  of  the  five  days 
from  the  service  or  the  posting  of  the  notice,  the  one  who  caused,  owns 
or  controls  the  encroachment  forfeits  ten  dollars  for  each  day  the  same 


453  HIGHWAYS.  Act  1458,  §§  3-5 

continue  unremoved.  If  the  encroachment  is  such  as  to  effectually 
obstruct  and  prevent  the  use  of  the  road  for  vehicles,  the  state  high- 
way commissioner  must  forthwith  remove  the  same. 

§  3.  If  the  encroachment  is  denied,  and  the  owner,  occupant,  or  per- 
son controlling  the  matter  or  thing  charged  as  being  an  encroachment 
refuses  to  remove  or  permit  the  removal  thereof,  the  state  highway 
commissioner  must  commence  in  the  proper  court  an  action  to  abate 
the  same  as  a  nuisance.  If  he  recovers  judgment,  he  may,  in  addition 
to  having  the  same  abated,  recover  ten  dollars  for  every  day  such 
nuisance  remained  after  such  notice,  and  also  his  costs,  in  his  said 
action. 

§4,  If  the  encroachment  is  not  denied,  but  is  not  removed  for  five 
days  after  the  notice  given  as  hereinbefore  provided,  the  state  high- 
way commissioner  may  remove  the  same  at  the  expense  of  the  owner, 
occupant,  or  person  controlling  the  same,  and  recover  his  costs  and 
expenses,  and  also  ten  dollars  for  each  day  the  same  remains  after 
said  five  days'  notice,  in  an  action  for  that  purpose. 

§  5.  Whoever  obstructs  or  injures  any  state  highway,  or  diverts 
any  watercourse  thereon,  or  drains  water  from  his  land  on  any  high- 
way, to  the  injury  thereof,  by  means  of  ditches  or  dams,  is  liable  to 
a  penalty  of  ten  dollars  for  each  day  such  obstruction  or  injury  remains, 
and  must  be  punished  as  provided  in  section  588  of  the  Penal  Code. 
Any  person,  persons,  or  corporations,  who  shall,  by  storing  or  distribut- 
ing water  for  any  purpose,  permit  the  water  to  oversow,  or  saturate 
by  seepage,  any  state  highway,  to  the  injury  thereof,  shall,  upon  notifica- 
tion of  the  state  highway  commissioner,  discontinue  and  repair  the 
damage  occasioned  by  such  overflow  or  seepage;  and  should  such  repair 
not  forthwith  be  made  by  such  person,  persons,  or  corporations,  said  state 
highway  commissioner  shall  make  such  repairs  and  if  necessary  divert 
the  flow  of  seepage,  and  recover  the  expense  thereof  from  such  person, 
persons,  or  corporation,  in  an  action  by  law.  All  persons  excavating 
irrigation,  mining,  or  draining  ditches  across  the  state  highways  shall 
be  required  to  bridge  such  ditches  under  the  direction  of  the  commis- 
sioner, at  such  crossings  and  upon  neglect  to  do  so,  tlie  state  high- 
way commissioner  shall  construct  the  same  and  recover  the  cost  of 
constructing  said  bridge  or  bridges  of  such  person  by  action,  as  pro- 
vided in  this  section;  and  whoever  willfully  injures  any  bridge  on  a 
state  highway  is  hereby  declared  to  be  guilty  of  a  misdemeanor,  and 
is  also  liable  for  actual  damages  for  such  injury,  to  be  recovered  by 
the  state  in  a  civil  action;  provided,  further,  that  every  person  who 
knowingly  allows  the  carcass  of  any  dead  animal  (which  animal  belongs 
to  him  at  the  time  of  its  death)  to  be  put  or  remain  within  one  hun- 
dred feet  of  any  state  highway,  and  every  person  who  puts  the  carcass 
of  any  dead  animal  within  one  hundred  feet,  of  any  state  highway, 
or  who  shall  deposit,  on  any  state  highway  any  refuse,  or  waste  tin, 
sheet  iron,  broken  glass,  or  other  refuse  matter,  is  guilty  of  a  mis- 
demeanor. 


Acts  1459-1461  GENERAL  LAWS.  454 

§  6.  Whoever  removes  or  injures  any  mile-stone,  mile-board,  or  guide- 
post,  or  any  inscription  thereon,  erected  on  any  state  highway,  is  liable 
to  a  penalty  of  ten  dollars  for  every  such  offense,  and  punishable  as 
provided  in   section   590   of   the   Penal   Code. 

§  7.  Any  person  may  notify  the  occupant  or  owner  of  any  land  from 
which  a  tree  or  other  obstruction  has  fallen  upon  any  state  highway 
to  remove  such  a  tree  or  obstruction  forthwith.  If  it  is  not  so  removed, 
the  owner  or  the  occupant  is  liable  to  a  penalty  of  one  dollar  for  every 
day  thereafter  until  it  is  removed,  and  the  cost  of  removal  at  the  suit 
of  the  commissioner. 

§  8.  Whoever  cuts  down  a  tree  so  that  it  falls  into  any  state  high- 
way must  forthwith  remove  the  same,  and  is  liable  to  a  penalty  of 
ten  dollars  for  every  day  the  same  remains  in  such  highway. 

§  9.  Whoever  digs  up,  cuts  down,  or  otherwise  maliciously  injures 
or  destroys  any  shade  or  ornamental  trees  on  any  state  highway  unless 
the  same  is  deemed  an  obstruction  by  the  state  higliway  commissioner, 
and  removed  under  his  direction,  forfeits  one  hundred  dollars  for  each 
such   tree. 

§  10.  All  penalties  or  forfeitures  and  other  recoveries  given  in  this 
act  and  not  otherwise  provided  for,  must  be  recovered  by  the  state 
highway  commissioner  by  suit  in  the  name  of  the  state,  and  paid  into 
the  state  treasury,  and  thereafter  be  used  for  the  purpose  of  costs  or 
expenses  in  future  proceedings  under  this  act  or  for  state  road  pur- 
poses. 

§  11.  All  acts,  or  parts  of  acts,  in  conflict  with  the  provisions  of 
this   act,  are   hereby   repealed. 

§  12.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

ACT    1459. 

To   regulate   the   widths   of   tires   of   wagons   to   be   used   on   the   public 

highways    of    the    state    of    California.     [Stats.      1897,    p.    177.] 

Repealed   1900,   p.   22. 
ACT  1460. 
For   the    establishment   of   a   uniform   system    of   road    government    and 

administration   in   the   counties   of   the   state   of   California.     [Stats. 

1897,  p.  374.] 

See  §  13  of  Stats.  1905,  p.  754. 

Repealed  by  County  Government  Act:   Davis  v.  Whidden,  117  Cal.  618. 

ACT  1461. 

To   create  a  bureau   of  highways,   and   prescribe  its   duties   and   powers, 
and   to    make   an   appropriation   for   its   expenses.     [Stats.    1895,   p. 
263.] 
Superseded   1897,   p.  443. 


455  HIGHWAYS.  Acts  1462-1465 

ACT  1462. 

An  act  to  create  a  department  of  highways  for  the  state  of  California, 
to  define  its  duties  and  powers,  to  provide  for  the  appointment  of 
officers  and  employees  thereof,  and  to  provide  for  the  compensation 
of  said  officers  and  employees,  and  for  the  additional  expenses  of 
said  department,  and  to  make  an  appropriation  therefor  for  the 
remainder  of  the  forty-eighth  fiscal  year.  [Approved  April  1,  1897. 
Stats.  1897,  p.  443.] 
Repealed  1907,  p.  215. 

ACT  1463. 

An  act  to  provide   for  the  protection  and  preservation   of  public  high- 
ways from   damage   by   storm,   waters   and  floods,   and   to   authorize 
the   expenditure   of   public   moneys   for   the   purposes   thereof.     [Ap- 
proved April  1,  1897.     Stats.  1897,  p.  404.] 
Superseded  by  §  4043  of  Political  Code. 

ACT  1464. 

An  act  relating  to  the  granting  by  counties  and  municipalities  of  fran- 
chises for  the  construction  of  paths  and  roads  for  the  use  of  bicj'cles 
and  other  horseless  vehicles.  [Approved  March  27,  1897.  Stats. 
1897,  p.  191.] 

Codified    by  §  524    of    Civil    Code.      See    Pol.    Code,  §4047;    also    Stats.    1901, 
p.  267.    §  11,   and  Stats.   1905,  p.  780,   §  11. 

ACT  1465. 

An  act  to  provide  for  work  upon  public  roads,  streets,  avenues,  boule- 
vards, lanes  and  alleys  not  within  the  territory  of  incorporated 
cities  or  towns;  for  the  incidental  establishment  of  grades  thereof; 
for  the  cO'Hstruction  therein  or  thereon  of  sidewalks,  sewers,  man- 
holes, bridges,  cesspools,  gutters,  tunnels,  curbing  and  crosswalks; 
for  the  issue  of  bonds  representing  the  costs  and  expenses  thereof; 
for  a  special  fund  derived  in  part  from  the  county  road  fund  and 
in  part  by  special  assessment  upon  a  district,  and  for  the  estab- 
lishment of  such  districts. 

[Approved  March  21,  1907.     Stats.  1907,  p.  806.] 

Road  district  improvement,  powers  of  board  of  supervisors.     May  issue 

bonds.     Special  taxes. 

§  1.  Power  is  hereby  vested  in  the  board  of  supervisors  of  every 
county  in  this  state,  by  and  under  the  procedure  prescribed  in  this  act, 
to  grade  or  re-grade  to  the  official  grade,  plank  or  re-plank,  pave  or 
re-pave,  macadamize  or  re-macadamize,  gravel  or  re-gravel,  pile  or  re- 
pile,  cap  or  re-cap,  oil  or  re-oil  the  whole  or  any  portion  of  roads, 
streets,  avenues,  boulevards,  lanes  or  alleys  so  far  as  not  within  the 
territory  of  any  incorporated  city  or  town,  and  so  far  as  by  dedication 
or    otherwise,    public    and    open    to    public    use,    and    to    do    so    for    any 


Act  1465,  §  2  GENERAL  LAWS.  456 

length  or  width  of  the  same,  one  of  the  same  or  any  number  of  the 
same  in  combination,  and  to  construct  therein  or  thereon  sidewalks, 
sewers,  manholes,  culverts,  bridges,  cesspools,  gutters,  tunnels,  curbing 
and  crosswalks,  and  to  do  the  aforesaid  thing  singly  or  in  any  combina- 
tion of  the  same,  and  the  various  items  of  the  said  work  and  con- 
structions need  not  be  coterminous;  and  to  issue  bonds  representing 
the  costs  and  expenses  of  any  said  work  or  constructions  as  in  this  act 
hereafter  provided;  and  to  constitute  a  fund  for  the  payment  of  such 
bonds  as  in  this  act  hereafter  provided;  and  to  constitute  a  special 
fund  for  the  payment  of  such  bonds  as  in  this  act  hereafter  provided; 
and  to  levy  special  assessment  taxes  upon  a  district  as  in  this  act 
hereafter  provided;  and  to  establish  said  district  and  determine  its 
boundaries  as  in  this  act  hereafter  provided;  and,  as  incidental  to  the 
exercise  of  the  powers  aforesaid,  to  establish  official  grades  within  said 
district  and  such  districts;  and  to  transfer  from  county  road  funds  to 
such  special  funds  as  in  this  act  hereafter  provided. 

But  said  board  of  supervisors  are  hereby  prohibited  from  doing,  und'^r 
the  provisions  of  this  act,  any  work  (except  sewer  work)  within  the 
right  of  way  for  any  railroad  or  within  any  area  which  by  law  is  re- 
quired to  be  kept  in  order  or  repair  by  any  person  or  company  having 
railroad  tracks  thereon,  and  this  prohibition  shall  have  the  effect  of 
excepting  the  prohibited  work  from  that  described  in  any  resolution 
of  intention  in  any  proceeding  under  this  act,  and  of  charging  all  per- 
sons with  notice  of  such  exception  or  exclusion,  and  such  exception  of 
said  prohibited  work  need  not  be  made  in  any  such  resolution  of  in- 
tention. 

Specifications  to  be   furnished.     How  resolution   of  intention  shall   be 


§2.  Before  passing  any  resolution  of  intention  under  this  act,  speci- 
fications for  work  substantially  the  same  as  that  described  in  the  resolu- 
tion of  intention  and  for  a  district  substantially  the  same  as  that 
described  in  the  resolution  of  intention  shall  be  furnished  by  some 
competent  person  who  shall  have  been  designated  by  the  board  of 
supervisors  for  that  purpose  by  a  resolution  to  be  entered  by  the  clerk 
upon  the  minutes  of  said  board,  and,  except  where  there  is  already  an 
official  grade  thereof,  as  a  part  of  such  specifications,  grades  shall  be 
specified  for  all  roads,  streets,  avenues,  boulevards,  lanes  and  alleys 
within  the  described  district  so  far  as  the  same  are  within  such  dis- 
trict. 

Neither  the  work  nor  the  district  need  be  described  in  the  resolution 
appointing  such  person  except  so  far  as  may  be  sufficient  to  identify 
the  work  and  district  for  which  the  specifications  are  prepared,  and  for 
such   purpose   it   shall   suffice  to   designate  the   same   as   "In   the   Matter 

of    Road   District    Improvement   No.   and   Eesolution    of   Intention 

No.  "   (inserting  the  same  number  in  both  blanks). 

Such  specifications  shall  include  an  estimate  of  the  aggregate  amount 
of  the  cost  of  the  work  inclusive  of  incidental  expenses  and  of  the 
procedure.     Such  specifications  shall  be  signed  by  the  person  designated 


457  HIGHWAYS.  Act  1465,  §  3 

to  furnish  them  and  be  filed  with  the  clerk  of  the  board  of  super- 
visors. 

Resolution  of  intention  to  order  work,  form  of.     Bonds. 

§3.  Before  ordering  any  work  to  be  done  under  this  act,  the  board 
of  supervisors  shall  pass  a  resolution  of  intention  so  to  do.  Sueli  res- 
olution may,  in  form,  and  shall,  in  substance,  be  (filling  all  blanks)  as 
indicated  following,  to  wit: 

In   the   Matter   of   Koad   District   Improvement    No.   Eesolution    of 

Intention  No.  (the  same  number  for  both  blanks). 

Resolved:    That   it   is   the   intention   of   the   Board    of   Supervisors   of 

the  county  of  ,  State  of  California,  proceeding  under  and  by  virtue 

of  the   Eoad   District   Improvement  Act   of   1907,   and  in   the   Matter  of 

Eoad  Improvement  District   No.  ,  on  the  day  of  ,   190 — , 

at  the  hour  of  M.  of  that  day  or  as  soon  thereafter  as  the  mat- 
ter can  be  heard,  at  the  chambers  of  said  board,  to  order  work  to  be 
done,  as  follows:  (Here  insert  a  description  of  the  work,  stating  the 
territorial  extent  thereof  with  all  reasonable  exactness,  and  in  other 
particulars  generally,  yet  so  as  to  indicate  fairly  and  approximately 
its   probable   cost),   the   said   work   to   be    done   in    accordance   with   the 

specifications  therefor  filed  with  the  clerk  of  said  board  on  the  day 

of   ,    190 — ,    except    as    the   boundaries    of    the    district    and    grades 

therein  specified  may  be  changed  at  the  hearing  of  the  matter  herein- 
after mentioned,  which  specifications  are  made  part  hereof,  and  to 
which  all  persons  are  referred  for  further  particulars  as  to  said  work. 
For  the  costs  and  expenses  of  the  work  and  the  proceeding  bonds  will 
be    issued    to    the    amount    of    the    same,    bearing    interest    at    the    rate 

of  per  cent  per  annum,  payable  semi-annually,  and  one  part 

of  the  principal   annually,   all   in  gold   coin. 

A  special  fund  for  the  payment  of  said  bonds  is  to  be  constituted 
partly  by  transfer  of  moneys  fr.om  county  road  funds  and  partly  by 
the  levy  of  special  assessment  taxes  upon  all  land  within  a  district  to 

be    known    as    "Eoad    Improvement    District    No.    of    the    County 

of  ." 

Such    district    (as    proposed)    being    all    that   territory    in    the    county 

of  ,   state   of  California,   within   exterior   boundaries   as   follows,   to 

wit:  (the  blank  to  be  filled  with  a  careful  statement  of  the  ex- 
terior boundaries  of  the  district). 

Notice  is  hereby  given  that  at  the  time  specified  hereinbefore  for 
ordering    the    work,    the    Matter    of    said    Road    District    Improvement 

No.  will  come  up  for  hearing,  and  all  objections,  which  are,  under 

the  provisions  of  said  Eoad  District  Improvement  Act  of  1907,  en- 
titled to  be  heard  or  determined,  will  then  be  heard  and  determined, 
and  the  boundaries  of  said  district  and  grades  therein  be  finally  deter- 
mined and   established. 

The  ,   (here  insert  name  and  character  of  newspaper),  is  hereby 

designated  as  the  newspaper  for  making  publication  of  this  resolution 
and  for  making  all  other  publications  in  the  proceeding. 


Act  1465,  §§  4,  5  GENERAL  LAWS.  458 

,    a    competent    person,    is    hereby    appointed    superintendent    of 

work  with  compensation  at  the   rate  of  dollars  per  diem  for   days 

actually  spent   in  performance   of  duty  under   this   appointment. 

The  foregoing  resolution  was,  on  the  day  of  ,  190 — ,  passed 

by  the  board  of  supervisors  of  the  county  of  ,  State  of  California. 

Attest.     

Clerk  of  Board  of  Supervisors  of  said  county  of  . 

By  . 

-  (Adding  if  the  fact  so  be)  Deputy   Clerk. 

The  principal  and  interest  of  the  bonds  representing  the  cost  of  work 
done  under  the  provisions  of  this  act,  shall  be  payable  in  gold  coin 
of  the  United  States  of  America,  and  the  board  of  supervisors  is  au- 
thorized to  determine  the  time,  not  to  exceed  twenty  years,  in  which 
bonds  issued  to  represent  the  cost  of  the  work  shall  be  paid,  and  to 
determine  the  rate,  not  to  exceed  seven  per  cent  per  annum  of  the  in- 
terest to  be  paid  thereon,  which  interest  shall  be  payable  semi-annually, 
and  to  make  such  bonds  in  all  respects  as  indicated  by  the  form  there- 
for, in  this  act  hereafter  provided. 

Publication  of  resolution, 

§  4.  Such  resolution  of  intention  shall  be  filed,  and  be  published  by 
at  least  two  insertions  in  the  newspaper  therein  designated,  which  shall 
be  a  newspaper  published  and  circulated  in  the  county,  or,  if  there  be 
no  such  newspaper,  then  in  any  newspaper  designated  by  said  board 
of  supervisors  in  such  resolution.  Printed  copies  of  such  resolution, 
headed  "Notice  of  Road  District  Improvement,"  such  heading  to  be  in 
letters  not  less  than  one  inch  in  length,  shall  be,  by  the  superintendent 
of  work,  posted  along  the  line  of  the  work  described  in  said  resolu- 
tion, at  not  more  than  one  hundred  feet  in  distance  apart,  but  not  less 
than  three  in  all. 

Affidavits  in  proof  of  such  publication  and  posting  shall  be  filed  with 
the  clerk  of  the  board  of  supervisors.'  When,  before  the  day  of  the 
hearing  specified  in  the  resolution  of  intention,  twenty  days  have 
elapsed  since  the  posting  and  the  first  publication  (they  need  not  be 
simultaneous)  of  the  resolution  of  intention,  the  board  of  supervisors 
shall  have  acquired  power  to  proceed  with  such  hearing  and  to  take 
all  other  action  in  the  proceeding  as  in  this  act  authorized. 

The  determination  of  the  board  of  supervisors  to  proceed  with  such 
hearing,  whether  evidenced  by  an  express  declaration  or  by  its  pro- 
ceedings to  make  other  determinations  at  such  hearing  shall  be  pre- 
sumptive evidence,  at  the  least,  of  the  existence  of  all  the  facts  upon 
which  the  power  of  the  board  to  proceed  depends,  except  such  as  are 
required  to  appear  of  the  record  in  the  proceeding,  and  except,  also, 
in  so  far  as  such  presumption  is  rebutted  by  the  record  in  the  pro- 
ceeding. 

Objections  to  work. 

§  5.  At  any  time  before  the  day  in  the  resolution  of  intention 
specified   for   ordering   the   work   and    the    hearing   of    the    matter,    any 


459  HIGHWAYS.  Act  1465,  §  6 

owner  of  land  within  the  boundaries  of  the  district  as  set  forth  in  said 
resolution,  may,  severally  or  with  other  such  owners,  file  with  the  clerk 
of  the  board  of  supervisors  written  objection  to  the  ordering  of  the 
work,  as  an  entirety  and  not  merely  to  some  part  thereof,  as  described 
in   the   resolution   of   intention. 

If  upon  said  hearing  it  appears  that  a  majority  of  the  owners  of 
land  within  the  district,  as  set  forth  in  the  resolution  of  intention, 
have  so  in  writing  made  objection  going  to  the  entirety'  of  the  work 
described  in  the  resolution  of  intention  and  to  the  ordering  of  the 
same,  the  board  of  supervisors  shall,  by  a  resolution,  to  be  entered  in 
its  minutes,  so  find;  and  thereupon  such  board  shall  have  no  power  to 
proceeed  further  under  said  resolution  of  intention,  or  to  pass  any 
resolution  of  intention  for  doing  the  same  work,  during  a  period  of 
one  year,  next  after  the  time  of  such  finding;  and  the  accrued  costs 
of  the  proceedings  shalbbe  a  charge  upon  the  county.  But  if  the  fact 
be  that  a  majority  of  the  owners  of  land  lying  within  the  district, 
as  set  forth  in  said  resolution  of  intention,  have  not  so  in  writing 
made  objection  going  to  the  ordering  of  the  work,  as  an  entirety,  the 
board  of  supervisors  shall  so  find,  and  thereupon  proceed  with  the 
hearing;  but  such  finding  need  not  then  be  in  writing  and  may,  for 
the  purpose  of  proceeding  with  the  hearing,  be  a  mere  announcement 
of  the  board,  to  be  noted  in  the  minutes  iDy  the   clerk. 

At  the  conclusion  of  the  hearing,  however,  the  said  finding  shall, 
severally  or  with  other  determinations  of  the  board,  be  made  in  writ- 
ing to  be  filed  and  entered  upon  the  minutes  of  the  board. 

Owners  of  land  within  the  meaning  of  this  section  are  those  and 
those  only,  who  appear  to  be  such  upon  the  records  in  the  recorder's 
ofiice  of  the  county  in  which  the  district  is  situated,  on  the  day  be- 
fore the  day  for  said  hearing,  and  an  executor  or  administrator  shall 
be  deemed  representative  of  liis  decedent,  and  a  trustee  of  an  express 
trust  in  land  other  than  as  security  for  the  payment  of  money,  of  the 
land  held  in  such  trust,  and  a  trustee  in  bankruptcy,  of  the  bank- 
rupt. 

Next  after  in  order  of  hearing,  the  board  shall  proceed  to  hear  such 
objections  as  may  be  made  to  the  grades  specified  in  the  specifica- 
tions. 

Thereafter,  in  the  order  of  the  hearing  shall  be  heard  such  objections 
as  shall  be  made  to  the  boundaries  of  the  district  as  set  forth  in  the 
resolution  of  intention.  Objection  to  the  grades  or  to  the  boundaries 
of  the  district  may  be  made  by  an  owner  of  land  lying  within  the 
district  upon  the  hearing  without  any  written  statement  of  the  same. 

The  hearing  may  be  continued  from  time  to  time  by  the  board  of 
supervisors  by  an   order   to   be   entered   in   the   minutes   of   the   board. 

Declaration  of  board  to  order  work.     Boundaries  of  district.     Grades. 

§  6.  Unless  the  power  to  proceed  shall  have  ceased,  as  hereinbefore 
provided,  the  board  of  supervisors  shall  in  conclusion  of  the  afore- 
mentioned hearing,  and  as  a  sufficient  determination  of  all  questions 
arising    thereat,    by    resolution    or    resolutions    to    be    entered    upon    its 


Act  1465,  §  7  GENERAL   LAWS.  460 

minutes,  declare  its  finding  that  a  majority  of  the  owners  of  land 
within  the  district,  described  in  the  resolution  of  intention  have  not 
before  the  day  of  the  hearing  filed  written  objection,  going  to  the  order- 
ing of  the  work  to  be  done,  and  determining  the  boundaries  of  the 
district,  and  the  grades  thereon.  If  no  changes  be  made  in  the  bound- 
aries of  the  district  as  the  same  are  set  forth  in  the  resolution  of  in- 
tention, it  shall  be  sufficient  to  state  that  the  boundaries  of  the  district 
are  those  set  forth  in  the  resolution  of  intention,  but  if  any  change 
of  such  boundaries  is  made,  the  boundaries  of  the  district,  as  finally 
determined,    shall    be   fully    set    forth. 

If  no  change  be  made  as  to  the  grades,  as  set  forth  in  the  specifica- 
tions on  file,  it  shall  be  sufficient  to  state  that  the  grades  of  the  same, 
as  finally  eletermined,  are  those  set  forth  in  such  specifications.  In 
either  case,  the  boundaries  of  the  district  so  determined  shall  be' the 
boundaries  of  the  district  for  all  purposes  of  the  proceeding  and  until 
any  bonds  to  be  issued  for  the  cost  of  the  work  shall  have  been  fully 
paid  and  discharged;  and  the  grades  so  determined  shall  be  the  grades 
of  the  district  for  all  the  purposes  of  the  proceeding  and  the  "official 
grade"  within  the  meaning  of  section  1  of  this  act;  provided,  however, 
that  the  boundaries  of  the  district,  as  the  same  are  set  forth  in  the 
resolution  of  intention,  shall  not  be  so  changed  as  to  include  within  the 
district  any  territory  not  within  its  boundaries  as  set  forth  in  that 
resolution,  nor  so  that  the  place  or  locality  of  any  work  described  in 
such  resolution  of  intention  shall  be  excluded  from  the  boundaries  of 
the  district  as  so  finally  determined. 

In  like  manner  the  board  of  supervisors  may  order  the  work  to  be 
done,  and  if  it  so  do,  shall  fix  a  time  for  receiving  proposals  or  bids 
for  doing  the  work,  and  direct  the  clerk  to  give  notice  accordingly, 
inviting  sealed  proposals  or  bids.  Such  notice  shall  include  a  state- 
ment that  the  work  is  to  be  done  "under  the  provisions  of  the  Eoad 
District  Improvement  Act  of  1907,  and  according  to  the  specifications 
on  file  therefor,  except  in  so  far  as  the  grades  specified  therein  shall 
have  been  fixed  otherwise  by  the  board  of  supervisors  in  conclusion  of 
the  hearing  in  said  act  provided;  to  which  said  act,  to  the  resolution 
of  intention  and  all  proceedings  had  thereunder  the  attention  of  bidders 
is  hereby  directed,  and  by  this  reference  made   part  of   this  notice." 

Publication  of  notice.     Bids,     Awards.     Bonds, 

§  7.  The  notice  inviting  sealed  proposals  or  bids  shall  be  published 
by  at  least  two  insertions  in  the  newspaper  designated  in  the  resolu- 
tion of  intention,  and  (not  necessarily  simultaneously)  a  copy  or  copies 
of  the  same  be  posted  and  kept  posted  for  five  days,  at  or  near  the 
chamber  door  of  the  board  of  supervisors.  All  proposals  or  bids  shall 
be  accompanied  by  a  check,  payable  to  the  order  of  the  presiding  officer 
of  the  board  of  supervisors,  certified  by  a  responsible  bank  for  an 
amount  not  less  than  ten  per  cent  of  the  aggregate  of  the  proposal  or 
bid,  or  by  a  bond  for  said  amount  running  to  the  presiding  officer  of  the 
board  of  supervisors,  signed  by  the  bidder,  with  two  sureties  qualify- 
ing each  in  said  amount  over  and  above  all  statutory  exemptions  before 
an  officer  competent  to  administer  an  oath. 


461  HIGHWAYS.  Act  1465,  §§  8,  9 

Said  proposals  or  bids  shall  be  delivered  to  the  clerk  of  said  board, 
and  said  board  shall,  in  open  session,  examine  and  declare  the  same, 
but  no  proposal  or  bid  shall  be  considered  unless  accompanied  by  said 
check  of  such  bond  in  terms  satisfactory  to  the  board.  The  board 
may  reject  any  and  all  proposals  or  bids  should  it  deem  this  for  the 
public  good,  and  shall  reject  all  proposals  or  bids  other  than  the  lowest 
regular  proposal  or  bid  of  any  responsible  bidder,  and  may  award  the 
contract  for  said  work  to  the  lowest  responsible  bidder  at  the  price 
named  in  his  bid. 

A  notice  of  such  award,  attested  by  the  clerk  of  the  board  of  super- 
visors shall  be  published  and  posted  for  five  days  in  the  same  manner 
as  hereinbefore  provided  with  respect  to  the  notice  inviting  proposals 
or  bids. 

The  check  or  bonds  accompanying  such  accepted  proposals  or  bids 
shall  be  kept  by  the  clerk  of  said  board  until  the  contract  for  doing 
said  work,  as  hereinafter  provided,  has  been  entered  into.  If  said 
bidder  fails,  neglects  or  refuses  to  enter  into  the  contract  for  said 
work,  as  hereinafter  provided,  then  the  certified  check  accompanying 
his  bid,  and  the  amount  therein  mentioned  shall  be  declared  forfeited 
to  the  county,  and  may  be  collected  by  it  and  paid  into  its  road  fund, 
and  any  bond  forfeited  may  be  prosecuted,  and  the  amount  thereof 
collected  and  paid  into  said  fund. 

Before  being  entitled  to  a  contract  the  bidder  to  whom  the  award 
thereof  has  been  made  must  advance  and  pay  to  the  clerk  of  the  board 
of  supervisors,  for  payment  by  him  the  costs  and  expenses  of  publish- 
ing and  posting  resolutions,  notices  and  orders  required,  under  this  act 
to  be  made,  which  have  been  made,  given,  posted  or  published  in  the 
proceeding. 

When  bidder  fails  to  enter  into  contract,  procedure. 

§  8.  If  for  fifteen  days  after  being  awarded  the  contract,  the  bid- 
der to  whom  the  contract  was  awarded  fails,  neglects  or  refuses  to 
enter  into  the  contract,  the  board  of  supervisors  may  direct  the  clerk 
of  the  board  to  give  notice  as  in  the  first  instance,  inviting  sealed  pro- 
posals or  bids,  and  thereupon  shall  by  bidding,  award,  and  other  pro- 
ceedings as  in  the  first  instance;  and  as  in  the  case  of  the  default  of 
a  first  awardee,  so,  also,  in  that  of  a  second. 

Terms  of  contract.    Bond  of  contractor, 

§  9.  The  presiding  officer  of  the  board  of  supervisors  is  hereby  au- 
thorized, in  the  name  of  the  county  to  execute  the  contract  with  the 
awardee  of  the  same,  and  to  receive  and  approve  all  bonds  by  this 
act  required  on  the  part  of  such  awardee,  and  shall,  by  the  terms  of 
said  contract,  fix  the  time  for  the  beginning  of  the  work,  which  shall 
not  be  more  than  twenty  days  from  the  date  thereof,  and  the  contract 
shall  provide  that  the  work  be  prosecuted  with  diligence  until  com- 
pleted, and  a  time  for  such  completion  shall  be  in  the  contract  fixed, 
but  such  time  of  completion  may  be  extended  from  time  to  time  by 
the  board  of  supervisors,  in  its  discretion,  and  by  resolution,  which 
shall  be  entered  by  the  clerk  in  the  minutes  of  said  board,  a  copy  of 


Act  1465,  §  10  GENERAL  LAWS.  462 

which  shall  be  by  said  clerk  indorsed  upon  or  annexed  to  the  con- 
tract. 

Before  entering  upon  such  contract,  a  bond  shall  be  executed  and 
filed,  running  to  the  county,  in  an  amount  not  less  than  one-half  of  the 
contract  price  of  the  work,  signed  by  the  contractor  and  two  or  more 
sureties,  who  shall  aggregately,  unless  surety  companies,  qualify  before 
an  officer  entitled  to  administer  the  oath  in  a  sum  equal  to  the  amount 
of  the  bond,  each  surety  in  the  amount  for  which  he  becomes  surety. 
Such  bond  shall  be  conditioned  for  the  faithful  execution  of  the  con- 
tract by  the  party  contracting  to  do  the  work,  and  the  payment  by 
him  for  all  labor  and  materials  furnished  for  or  in  the  doing  of  the 
work.  The  form  and  sufficiency  of  said  bond  shall  be  passed  upon 
by  some  member  of  the  board  of  supervisors,  and  such  bond  shall  inure 
as  well  to  the  benefit  of  any  and  all  persons  furnishing  labor  or  mate- 
rials for  the  work  as  to  the  county. 

Said  contract  shall  undertake  on  behalf  of  the  county  that  the  board 
of  supervisors  will,  upon  the  fulfillment  and  performance  of  the  con- 
tract on  the  part  of  the  contractor,  and  under  the  provisions  of  the 
"Eoad  District  Improvement  Act  of  1907,"  take  all  steps,  in  or  by 
said  act  authorized  to  be  taken,  to  effect  the  issuing  by  the  county 
treasurer  of  the  bonds  in  said  act  authorized  to  be  issued,  and  provide 
a  fund  for  the  payment  of  the  same,  as  in  or  by  said  act  prescribed; 
and  it  shall  be  in  such  contract  stated  that  in  no  case  shall  the  county 
be  liable  under  the  contract,  nor  any  officer  thereof  be  thereunder 
holden  except  for  the   discharge  of  ofacial   duty  under   the  law. 

When   work  is   completed   declaration   to   be   filed.     Notice    of   hearing 

whether  work  shall  be  accepted.     Hearing. 

§  10.  As  soon  as  may  be  done  in  good  faith,  there  shall  be  filed  with 
the  clerk  of  the  board  of  supervisors  a  declaration  that  the  work  has 
been  completed  according  to  the  contract,  together  with  an  itemized 
statement  of  all  the  incidental  costs  and  expenses  of  the  work  and  the 
proceeding  inclusive  of  the  estimated  cost  of  publishing  the  notice 
of  final   hearing  hereinafter  mentioned. 

The  aggregate  of  such  items  shall  be  stated,  and,  also,  the  amount 
due  as  of  the  contract  price;  and  also  the  gross  sum  for  a  bond  issue 
representing  the  entire  amount  thereof,  as  claimed  by  the  contractor. 
The  said  declaration  and  statements  shall  be  signed  and  verified  by  the 
superintendent  of  work,  and  by  the  contractor  or  some  person  cognizant 
of  the  facts,  signing  on  behalf  of  the  contractor,  and  stating  why  he, 
instead  of  the  contractor,  so  signs  and  verifies.  Either  signer  may 
except  from  his  signature  and  verification  any  amount  or  item  to  which 
he  does  not  assent. 

The  presiding  officer  of  the  board  of  supervisors  is  hereby  authorized 
to  fix  a  time  and  give  notice  for  a  hearing  for  the  purpose  of  determin- 
ing whether  the  work  shall  be  accepted  as  being  completed  according  to 
the  contract,  and  for  determining  the  aggregate  amounts  for  which 
bonds  shall  be  issued  representing  the  total  cost  of  the  work,  and  the 
amount  of  the  incidental  costs  and  expenses  of  the  work,  and  the  pro- 
ceedings which  is  to  be  charged  to  and  paid  by  the  contractor. 


I 


463  HIGHWAYS.  Act  1465,  §  10 

Such  hearing  shall  be  known  as  the  final  hearing.  The  notice  of  such 
hearing  may,  in  form,  and  shall,  in  substance  be  (filling  the  blanks) 
as   follows: 

Notice  of  Final  Hearing. 

In  the  Matter  of  Road  District 

Improvement   No.   • 

Notice    is    hereby    given    that    a    final    hearing    of    the    above    named 

matter   will   be   had   at   the   hour   of   ■ — —  M.   on   the  day   of , 

190 — ,   at    the   chamber   of   the   board    of   supervisors   of   the    county   of 

,   state   of   California,   for   the   purpose   of   determining  whether   the 

work    done    under   the    contract    made    with    under    Resolution    of 

Intention    No.    in    Road    Improvement    District    No.    of    the 

county  of  shall  be  accepted  as  being  performed   according  to   the 

contract,  and  for  determining  the  aggregate  amount  for  which  bonds 
shall  issue  representing  the  cost  of  such  work,  inclusive  of  the  incidental 
costs  and  expenses  of  the  work  and  the  proceeding,  of  which  a  state- 
ment has  been  filed  with  the  clerk  of  said  board  of  supervisors  of  the 
county  of  ,  to  which  statement  the  attention  of  all  persons  inter- 
ested is  hereby  directed.  • 

■ of  the  Board  of  Supervisors 

of  the  countv  of  

Attest: 

Clerk  of  said  Board  of  Supervisors. 
By  . 

(If  so  the  fact  be.)  Deputy  Clerk. 

Such  notice  shall  be  signed  by  the  presiding  officer  of  the  board  of 
supervisors  and  attested  by  the  clerk  of  the  board  of  supervisors  and 
published  by  at  least  two  insertions  in  the  newspaper  designated  in  the 
resolution  of  intention,  and  copy  or  copies  thereof,  posted  and  kept  posted 
for  two  days  at  or  near  the  chamber  door  of  the  board  of  supervisors,  the 
first  day  of  such  publication  and  that  of  such  posting  (they  need  not 
be  simultaneous)  to  be  not  less  than  five  days  before  the  day  in  said 
notice  specified  for  the  hearing. 

Proof  of  such  publication  shall  be  made  by  affidavit  or  affidavits,  and 
the  same  shall  be  filed.  If  a  quorum  be  not  present  at  the  time  in  the 
notice  specified  for  the  hearing,  a  member  or  members  of  the  board 
then  present  may  continue  the  hearing  from  day  to  day,  and  at  all  stages 
thereof  the  hearing  may,  by  resolution,  to  be  entered  in  the  minutes,  be 
continued  from  time  to  time. 

At  any  time  before  the  day  in  said  notice  specified  for  the  hearing, 
any  owner  of  property  not  exempt  from  taxation  within  the  district,  as 
finally  established,  may  solely  or  with  any  other  such  owner  or  owners, 
file  written  objection  to  the  acceptance  of  the  work  on  the  ground  that 
the  work  has  not  been  completed  or  done  according  to  the  contract, 
specifying  in  ordinary  language  the  particulars  in  which  the  contract  has 
not  been  so  completed  or  done. 

Any  person  interested  in  the  proceeding,  as  of  the  interest  of  the  con- 
tractor, shall  be  presumed  to  take  issue  with  such  objection,  and  be 
heard  accordingly. 


Act  1465,  §  11  GENERAL   LAWS.  464 

Questions  going  to  the  incidental  costs  or  expenses  of  the  work  or  the 
proceedings  may  be  raised  orally  by  any  owner  of  property  not  exempt 
from  taxation,  situated  wnthin  the  district. 

Evidence  may  be  adduced  going  to  any  of  the  matters  to  be  deter- 
mined, and  in  such  order  as  the  board  may  summarily  direct. 

If,  when  the  matter  has  been  fully  heard,  whether  under  or  in  the 
absence  of  objections,  the  board  of  supervisors  is  of  the  opinion  that  the 
work  has  not  been  completed  or  done  according  to  the  contract,  it  shall 
in  writing,  specify  what  must  be  done  in  order  to  complete  the  work, 
and  shall,  b}'  an  order  or  resolution  to  be  entered  in  its  minutes,  con- 
tinue the  further  hearing  of  the  whole  matter  to  a  specified  day,  ex- 
pressly stating  that  such  continuance  is  for  the  purpose  of  enabling  the 
contractor  to  complete  his  contract. 

On  said  continued  hearing  the  objections  filed  before  the  day  of  the 
first  hearing  shall  continue  in  force  as  against  the  work,  and  evidence  be 
received,  if  offered,  as  to  what  has  been  done  by  way  of  completing  the 
contract  in  the  particulars  specified  in  the  order  of  the  board  on  the 
said  continuance  of  the  hearing. 

If,  upon  such  continued  hearing,  it  is  the  opinion  of  the  board  that 
the  work  is  still  uncompleted,  in  the  particulars  as  to  which  it  was 
ordered  to  be  completed,  it  shall  be  discretional  with  said  board  to  order 
or  refuse  a  second  continuance  of  the  hearing.  If  the  board  do  order 
Buch  second  continuance,  it  shall  be  ordered  in  the  same  manner  and  with 
like  effect  as  provided  aforesaid,  upon  the  first  continuance. 

And  as  provided  aforesaid  for  a  second  continuance  so  of  any  other 
or  further  continuance. 

Objections  to  any  item  of  incidental  costs  and  expenses,  shall  pend 
and  be  heard  on  said  day,  or  at  any  continued  hearing  had,  as  in  this 
section   aforesaid   provided. 

Every  continuance  of  said  hearing  for  the  purpose  of  enabling  the  con- 
tractor to  complete  his  contract  or  the  work  shall  continue  or  revive 
such  powers  of  the  board  of  supervisors  had,  under  the  provisions  of 
this  act,  in  the  proceeding,  at  the  time  of  the  filing  of  the  contractor's 
declaration  that  the  work  was  completed,  as  provided  aforesaid,  and  also 
operate  to  extend  the  time  for  the  completion  of  said  contract  in  such 
manner  that  its  completion  within  the  time  to  which  the  hearing  is  ■con- 
tinued, shall  be  as  valid  performance  of  such  contract  as  if  completed 
at  the  time  of  filing  such  declaration  or  statement. 

Resolution  of  acceptance. 

§  11.  Whenever  upon  the  hearing  in  section  10  aforesaid  provided, 
whether  at  the  first  or  any  continued  hearing,  it  shall  be  the  opinion  of 
the  board  of  supervisors  that  the  work  has  been  completed  and  done 
according  to  the  contract,  said  board  shall  by  a  resolution,  to  be  entered 
upon  its  minutes,  so  declare,  and  that  the  work  is  accepted,  and  stating 
the  aggregate  amount  for  which  bonds  shall  be  issued,  and  stating  the 
amount  of  the  incidental  costs  and  expenses  of  the  work  and  the  pro- 
ceeding which  are  charged  against  and  to  be  paid  by  the  contractor. 


465  HIGHWAYS.  Act  1465,  §  12 

Bonds,  issuance,  form  of,  term  of  and  interest. 

§  12.  The  clerk  of  the  board  of  supervisors  shall  transmit  to  the 
county  treasurer  of  the  county,  an  attested  copy  of  the  final  order  men- 
tioned in  section  11  of  this  act,  and  upon  receipt  of  the  same,  the  county 
treasurer  shall  proceed  to  issue  bonds  to  the  amount  in  the  aggregate 
of  their  principal  as  the  same  is  stated  in  the  attested  coi)y  of  said 
final  order.  A  bond  may  be  issued  in  anj'  amount,  provided  that  the 
aggregate  of  the  bond  or  bonds  made  payable  in  any  one  year  is  the 
one  proper  part  of  the  whole  principal  of  the  bond  issue,  as  specified 
in  such  attested  copy  of  said  final  order,  and  so  that  the  interest  thereon 
be  made  payable  on  the  second  days  of  January  and  July.  The  said 
bonds  may,  in  form,  and  shall,  in  substance,  be  as  indicated  following, 
to   wit: 

Road  District  Improvement  Bond 


Eoad  District  Improvement  No.  

County  of  ,  State  of  California. 

$  No.  

Under  and  by  virtue  of  the  Road  District  Improvement  Act  of  1907, 
an  act  of  the  legislature  of  the  state  of  California,  (here  may  be  in- 
serted   any   further    designation    desired)    the   county    of   — ,    state   of 

California,  will,  out  of  the  fund  hereinafter  designated,  at  the  office  of 

the  treasurer  of  said  county,  on  the  day  of  190 — ,  pay  to  the 

bearer,   the   sum   of  dollars,   in   gold   coin   of  the  United   States  of 

America  with  interest  thereon  in  like  gold  coin  at  the  rate  of  per 

cent  per  annum  payable  as  hereinafter  specified. 

This  bond  is  payable  out  of  Road  District  Improvement  Fund  No.  

exclusively,  as  the  same  appears  on  the  books  of  the  treasurer  of  said 
county,  and  neither  said  county  nor  any  officer  thereof  is  holden  for  it3 
payment   otherwise. 

The  interest  is  payable  semi-annually,  to  wit:  on  the  second  days  of 
January  and  July  in  each  year  hereafter,  upon  presentation  of  the 
coupons  therefor,  the  first  of  which  coupons  is,  however,  for  the  interest 
from  date  to  the  next  following  second  day. 

The  principal  hereof  may  be  paid  at  any  time,  upon  notice  of  such 
redemption  having  been  published  by  the  treasurer  of  said  county,  once 
in  some  newspaper  of  general  circulation,  published  in  said  county,  and 
interest  on  all  unpaid  principal  sums  covered  by  such  notice  shall  cease 
one  month  after  such  publication. 

At    said    county    of    ,    the    day    of    in    the    year    one 

thousand  nine  hundred  and  

Insert  title  of  presiding  oflicer  of  the  board  of  supervisors. 

Treasurer  of  the   (name  of  county) 
Said  bonds  shall   be   signed  by  the   presiding  officer   of   the   board   of 
supervisors  and  the  treasurer  of  the  county,  and  so  signed  shall  be  bind- 
ing according  to  the  term  thereof  as  prescribed  in  said  form.     The  in- 
Gen.  Laws — 30 


Act  1465,  §  13  GENERAL  LAWS.  466 

terest  coupon  shall  be  in  form  as  said  treasurer  may  devise,  subject  to 
the  provisions  of  this  act,  and  the  determinations  made  by  the  board 
of  supervisors,  and  their  signatures  by  him  shall  be  sufficient.  Said 
bonds  shall  be  delivered  by  said  treasurer  to  said  contractor  or  to  his 
order,  assignee  or  lawful  representative. 

The  board  of  supervisors  is  hereby  vested  with  power  to  determine 
the  number  of  years,  not  to  exceed  twenty,  within  which  the  aggregate 
principal  of  bonds  to  be  issued  under  this  act  shall  be  paid  and  dis- 
charged, ancf  to  fix  the  rate  of  interest,  not  to  exceed  seven  per  cent 
per  annum,  to  be  paid  thereon,  and  it  shall  be  a  sufficient  determination 
and  fixing  of  the  same  to  set  forth  in  the  resolution  of  intention  that 
bonds  will  issue  for  the  work  in  any  terms  that  will  fairly  indicate  such 
time  and  such  rate  and  the  fractional  part  of  the  principal  to  be  paid 
each  year;  which  part  shall  be  the  same  for  each  of  the  years  covered 
by   the   bond   issue. 

The  interest  payments  on  said  bonds  shall  be  payable  semi-annually 
on  the  second  days  of  January  and  July,  and  interest  and  principal  at 
the  office  of  the  county  treasurer,  and  as  prescribed  aforesaid  for 
said  bonds,  in  gold  coin  of  the  United  States  of  America,  and  the  whole 
or  any  part  of  such  bonds  redeemed  upon  notice  as  indicated  in  the  form 
for  said  bonds  hereinbefore  set  forth;  but  it  shall  not  be  necessary  either 
in  the  resolution  of  intention  or  otherwise  to  set  forth  or  determine  the 
days  of  the  month  on  which  payments  of  interest  are  to  be  made,  nor 
that  payments  shall  be  made  in  such  gold  coin,  nor  that  payments 
shall  be  at  such  treasurer's  office,  nor  that  such  bonds  are  redeemable  in 
the  manner  indicated  in  such  form  for  said  bonds  hereinbefore  set  forth; 
but  all  persons  are  charged  with  notice  of  the  contents  of  this  section, 
especially  in  the  aforesaid  particulars. 

Special  bond  fund  to  be  constituted.     Special  tax.     Transfer  from  gen- 
eral road  fund. 
§  13.     A  special  fund  to  be  named  "Eoad  District  Improvement  Fund 

No.  "  (the  number  to  be  that  of  the  district)  for  the  discharge  and 

payment  of  such  bonds  and  the  interest  thereon  shall  be  constituted  as 
follows,  to  wit:  There  shall  be  each  year,  at  the  time  of  the  levy  of  the 
general  levy  of  state  and  county  taxes,  be  levied  against  and  upon  all  the 
land  within  said  Eoad  Improvement  District  No.  (being  the  dis- 
trict established  and  as  bounded  in  the  order  ordering  the  work  to  be 
done)  a  special  assessment  tax  in  an  amount  clearly  sufficient  together 
with  any  mbneys  which  are  or  may  be  in  said  fund,  to  pay  all  the  prin- 
cipal which  has  or  will  become  due  and  all  interest  which  has  or  will 
become  payable,  on  said  bonds,  before  the  proceeds  of  another  tax  levy 
at  the  time  of  the  general  tax  levy  for  state  and  county  purposes  can 
be  made  available  for  the  payment  of  such  bonds. 

The   board   of   supervisors   shall,   from   the   general   road   funds   of  the 

county   transfer   to   said   "Eoad   District   Improvement  Fund   No.   ," 

such  amount  as,  in  the  judgment  of  said  board,  is  a  fair  proportion  of 
the  general  road  fund  of  the  supervisorial  district  in  which  said  Eoad 
Improvement  District  No.  is  situated. 


467  HIGHWAYS.  Act  1465,  §?  14,  15 

In  any  event  it  shall  be  the  duty  of  the  board  of  supervisors  to  levy  a 

sufficient  special  assessment  tax  upon  all  the  land  within  said  Road 
Improvement  District  No.  ,  to  maintain  such  Road  District  Improve- 
ment Fund  No.  sufficient  to  pay  the  principal  and  interest  of  said 

bonds  as  the  same  shall  become  payable.  And  the  board  of  supervisors 
is  hereby  vested  with  power  to  do  all  and  sinsjular  the  things  which  in 
this  section  aforesaid  it  is  declared  shall  be   done. 

Powers    of    supervisors.     Superintendent    of    work.        Other    employees. 

Same  person  may  hold  several  positions. 

§  14.  The  board  of  supervisors  is  hereby  vested  with  power  as  fol- 
lows, to  wit: 

1.  To  appoint  at  any  stage  of  the  proceeding  before  calling  for  pro- 
posals or  bids  any  competent  person,  to  be  designated  "engineer  of 
work,"  for  the  purpose  of  doing  and  furnishing  all  the  civil  engineer- 
ing work  or  services,  surveying,  and  similar  work  and  services  necessary 
to  the  proper  doing  of  the  work.  His  compensation  or  at  least  the 
rate  or  some  basis  for  computing  the  same  shall  be  fixed  and  stated  in 
the  order  of  his  appointment,  which  said  order  shall  be  entered  in  the 
minutes   of  the   board. 

2.  To  appoint,  in  and  as  a  part  of  the  resolution  of  intention,  any  com- 
petent person  to  be  designated  "superintendent  of  work,"  whose  duty  it 
shall  be  to  perform  the  services  for  him  in  this  act  prescribed  or  in- 
dicated, and  for  the  general  actual  supervision  of  the  work.  His  com- 
pensation shall  be  fixed  at  the  time  and  in  the  resolution  of  his  appoint- 
ment at  a  per  diem  not  to  exceed  five  dollars  for  all  time  actually  de- 
voted to  the  work. 

3.  To  designate  any  competent  person  for  the  purpose  of  preparing 
and  furnishing  the  specifications  required  by  section  2  of  this  act,  and 
with  such  designation  to  fix  his  compensation,  or  some  basis  for  com- 
puting the  same. 

4.  To  appoint  and  designate  other  competent  persons  in  the  places 
respectively  of  the  persons  so  originally  appointed,  with  compensation, 
so  far  as  practicable,  proportionately  the  same  as  fixed  for  the  original 
appointee. 

The  same  person  may,  successively  or  otherwise,  be  appointed  to  pre- 
pare specifications,  to  be  superintendent  of  work  and  to  be  engineer  of 
work,  and  these  or  any  of  them  conjunctively  witli  the  aggregate  of  the 
compensation  provided  for  each.  But  no  part  of  such  or  any  compensa- 
tion shall  be  a  charge  against  the  county  or  any  officer  thereof,  except 
that  for  furnishing  specifications  and  posting  the  resolution  of  intention, 
the  charge  shall  be  against  the  county  if  the  proceeding  cease  or  be 
abandoned  before  the  award  of  the  contract. 

Costs  of  proceeding,  by  whom  to  be  paid, 

§  15.  All  the  costs  and'  expenses  of  the  proceeding,  inclusive  espe- 
cially of  the  compensation  of  the  person  appointed  to  furnish  the  specifi- 
cations, of  the  superintendent  of  work,  of  the  engineer  of  work,  of  the 
cost  of  all  publications  under   this  act  required  to   be   made,   shall  be 


Act  1466  GENERAL  LAWS.  468 

chargeable  to  and  paid  by  the  contractor,  and  they  shall  have  been  paid 
before  delivery  of  the  bonds  shall  be  made  by  the  county  treasurer, 
provided,  however,  that  the  county  treasurer  may  make  delivery  of  such 
bonds,  if  there  be  deposited  with  him,  subject  to  the  order  of  the  board 
of  supervisors,  money  to  the  amount  of  the  costs  and  expenses  charge- 
able to  the  contractor  as  the  same  is  stated  in  the  attested  order  of  the 
board  of  supervisors,  provided  for  in  section  12  of  this  act.  The  con- 
tractor and  all  persons  claiming  under  him  any  interest  in  said  bonds, 
whether  of  ownership,  lien  or  otherwise,  shall  be  deemed*  to  have  notice 
of  the  contents  of  this  section. 

Place  of  publication  may  be  changed,  how. 

§  16.  If  publication  in  the  newspaper  designated  in  the  resolution 
of  intention  become  impossible  for  the  reason  that  such  newspaper  has 
ceased  to  be  published  or  for  any  like  reason,  which  renders  publication 
therein  impossible,  the  board  of  supervisors  may,  by  a  resolution  to  be 
entered  in  its  minutes,  and  stating  the  facts,  designate  another  news- 
paper for  each  required  publication  as  occasion  therefor  arises. 

All  papers  to  be  filed  with  county  clerk, 

§  17.  All  papers  in  a  proceeding  under  this  act  (save  such  as  there- 
under may  be  returnable  to  owners)  shall  be  filed  with  the  clerk  of  the 
board  of  supervisors,  and  by  him  kept  together  in  a  package  appro- 
priately labeled.  Whenever  in  this  act  the  term  "clerk  of  the  board  of 
supervisors"  is  employed,  it  shall  be  deemed  to  include  one  who  is, 
ex  officio,  such,  and  it  shall  be  immaterial  that  he  designate  himself  as 
county  clerk  where  the  county  clerk  is  ex  officio  clerk  of  the  board  of 
supervisors,  nor  shall  it  be  material  that  his  act  be  by  deputy. 

Name  of  act. 

§  18.  This  act  shall  be  known  as  the  "Road  District  Improvement 
Act  of  1907,"  and  by  such  designation  shall  be  sufficiently  identified  in 
any  proceeding  thereunder,  and  whenever  in  the  resolution  of  intention 
it  shall  be  set  forth  or  recited  that  the  proceeding  is  under  the  "Road 
District  Improvement  Act  of  1907,"  this  act  shall  be  construed  as  the 
paramount  statute  for  such  proceeding,  independently  of,  and  alter- 
natively for,  other  statutes  for  the  improvement  of  public  ways  not 
within  incorporated  cities  and  towns. 

ACT  1466. 

An  act  to  allow  unincorporated  towns  and  villages  to  establish,  equip 
and  maintain  systems  of  street  lights  on  public  highways;  to  pro- 
vide for  the  formation,  government  and  operation  of  highway  light- 
ing districts;  the  calling  and  holding  of  elections  in  such  districts; 
the  assessment,  collection,  custody  and  disbursement  of  taxes 
therein;  and  the  creation  of  ex-offieio  boards  of  supervisors. 
[Approved  March  20,  1909.     Stats.  1909,  p.  551.] 


469  HIGHWAYS.  Act  14GC,  §§  1-5 

Certain  words  defined. 

§  1.  The  Avoids  and  phrases  used  in  this  act,  shall,  for  the  purposes 
of  this  act,  unless  the  same  be  contrary  to  or  inconsistent  with  the 
context,  be  construed  as  follows: 

(1)  "Public  highways,"  shall  include  any  highway,  county  road,  state 
road,  public  street,  avenue,  alley,  park,  parkway,  driveway,  or  public 
place,  in  any  county,  or  unincorporated  town  or  village  dedicated  to  the 
public  and  generally  used  for  traffic  by  the  public. 

(2)  "Street  lights,"  or  "street  illumination,"  shall  include  any  system 
of  illumination  by  means  of  street  lights  using  gas,  electricity,  or  other 
means  of  illuminant  deemed  feasible;  such  lights  to  be  set  upon  poles> 
or  suspended  in  the  air. 

Street  lights. 

§  2.  Any  unincorporated  town  or  village  of  this  state  may  establish 
a  highway  lighting  district  for  the  purpose  of  installing  and  maintain- 
ing a  system  of  street  lights  on  public  highways,  for  the  better  pro- 
tection of  its  residents,  in  accordance  with  the  provisions  of  this  act. 

Petition  for  lighting  district, 

§  3.  Upon  the  application,  by  petition,  of  twenty-five  or  more,  tax- 
payers and  residents  of  said  town  or  village,  to  the  board  of  super- 
visors of  the  county  in  which  the  said  town  or  village  is  situated,  pray- 
ing for  the  formation  of  a  public  highway  lighting  district,  and  setting 
forth  the  boundaries  of  the  said  proposed  district,  the  said  board  of 
supervisors  must,  within  ten  days  after  receiving  said  petition,  by  reso- 
lution, order  that  an  election  be  held  in  the  said  proposed  district  for 
the  determination  of  the  question,  and  shall  appoint  three  qualified 
electors  thereof  to  conduct  said  election,  which  must  be  held  within 
forty  days  from  the  date  of  the  order. 

Election  to  determine  proposition. 

§4.  Said  election  shall  be  called  by  posting  notice  thereof  in  three 
of  the  most  public  places  in  said  proposed  lighting  district,  and  by  pub- 
lication in  a  daily  or  weekly  paper  therein,  if  there  be  one,  at  least 
once  a  week  for  not  less  than  fifteen  days.  Said  notices  must  specify 
the  time,  place  and  purposes  of  said  election,  give  the  boundaries  of  the 
said  proposed  lighting  district;  and  the  hours  auring  which  the  polls 
will  be  kept  open;  provided  that  in  districts  with  a  popuhition  of  ten 
thousand  or  over,  the  polls  must  be  opened  at  8  o'clock  A.  M.,  and  kept 
open  until  7  o'clock  P.  M.,  and  in  districts  where  the  population  is  less 
than  ten  thousand,  the  polls  must  not  be  opened  before  1  o'clock  P.  M., 
and  must  be  kept  open  not  less  than  six  hours. 

Conduct  of  election. 

§  5.  Said  election  shall  be  conducted  in  accordance  with  the  gen- 
eral election  laws  of  this  state,  where  applicable,  without  reference  to 
form  of  ballot  or  manner  of  voting,  except  that  the  ballots  shall  con- 
tain the  words,  "For  Lighting  District,"  and  the  voter  shall  write  or 
print  after  said  words  on  bis  ballot,  the  word  "Yes"  or  the  word  "No." 


Act  1466,  §§  6-11  GENERAL  LAWS.  470 

Who  entitled  to  vote. 

§  6.  Every  qualified  elector,  resident  within  the  proposed  district  for 
the  period  requisite  to  enable  him  to  vote  at  a  general  election,  shall 
be  entitled  to  vote  at  the  election  above  provided  for. 

Canvass  of  vote. 

a  7.  it  snail  be  the  duty  of  the  election  officers  to  publicly  canvass 
the  votes  immediately  after  the  close  of  the  election,  and  to  report  the 
result  of  said  election  to  the  board  of  supervisors  within  five  days 
subsequent  to  the  holding  thereof. 

Duty  of  supervisors. 

§  8.  If  a  majority  of  the  votes  cast  at  said  election  shall  be  in  favor 
of  a  lighting  district,  the  said  board  of  supervisors  may,  by  resolution, 
establish  said  lighting  district. 


§  9.  If  a  majority  of  the  votes  cast  shall  be  against  the  lighting  dis- 
trict, the  board  of  supervisors,  shall  by  order,  so  declare;  no  other  pro- 
ceedings shall  be  taken  in  relation  thereto  until  the  expiration  of  one 
year  from  the  date  of  presentation  of  the  petition. 

Evidence  of  validity. 

§  10.  The  fact  of  the  presentation  of  the  petition,  and  the  order 
establishing  the  lighting  district,  shall  be  entered  in  the  minutes  of 
the  board  of  supervisors  and  shall  be  conclusive  evidence  of  the  due 
presentation  of  a  proper  petition,  and  that  each  of  the  petitioners  was, 
at  the  time  of  signature  and  presentation  of  the  petition,  a  taxpayer 
and  resident  of  the  proposed  district,  and  of  the  fact  and  regularity  of 
all  prior  proceedings  of  every  kind  and  nature  provided  for  by  this  act, 
and  of  the  existence  and  validity  of  the  district. 

Supervisors  of  lighting  districts,  who  are.    Duties  of  supervisors. 

§  11.  The  board  of  supervisors  of  the  county  wherein  lighting  dis- 
tricts have  been  established  under  the  provisions  of  this  act,  shall  be 
and  they  are  hereby  designated  as  and  empowered  to  act  as  ex  officio 
the  board  of  supervisors  of  each  and  all  of  such  lighting  districts  which 
may  hereafter  be  established  within  such  county  under  the  provisions 
of  this  act;  serving  without  compensation;  and  said  boards  of  super- 
visors shall  be  authorized  and  they  are  hereby  empowered,  and  it  shall 
be  their  duty: 

First.  To  make  all  rules,  regulations  and  laws  necessary  for  the 
administration,  operation  and  maintenance  of  the  lighting  districts  situ- 
ated within  their  county. 

Second.  To  supervise,  and  plan  a  system  of  street  illumination  for 
any  and  all  lighting  districts  within  their  county,  and  to  determine  and 
decide  upon  the  kind  and  manner  of  illuminant  most  feasible  for  the 
district. 

Third.  To  indicate  the  placing  and  installation  of  the  lights  and  any 
and  all  subsequent  additional  lights. 


471  HIGHWAYS.  Act  1466.  §  12 

Fourth.  To  receive  bids,  award  and  make  contracts  with  lighting 
companies  to  the  very  best  advantage  of  the  district,  for  the  installa- 
tion and  maintenance  of  poles,  wires,  lights  and  other  accessories;  and 
for  the  supplying  of  electric  current,  gas  or  such  other  illuminant  as 
may  be  determined  upon;  and  for  any  and  all  other  things  that  may  be 
necessary  to  carry  out  the  full  meaning  and  provisions  of  this  act. 

Fifth.  To  determine  the  number  of  employees,  if  any,  necessary  to 
properly  care  for  and  maintain  the  lights;  to  prescribe  their  duties  and 
fix  their  compensation,  which  said  employees  shall  hold  their  positions 
at  the  pleasure  of  the  board. 

Sixth.  Upon  the  application,  by  petition,  of  twenty-five  or  more  tax- 
payers and  residents  of  such  lighting  district,  asking  for  the  installation 
and  maintenance  of  additional  lights,  which  said  petition  must  be  filed 
on  or  before  the  first  day  of  September  in  any  year;  to  immediately 
estimate  the  cost  of  installing  and  maintaining  such  additional  lights, 
and  to  include  in  the  tax  levy  for  the  ensuing  fiscal  year  a  tax  upon 
the  taxable  property  within  such  lighting  district,  at  the  equalized  value 
thereof  for  that  year,  sufficient  to  pay  the  cost  of  installing  and  main- 
taining such  additional  lights;  after  which  to  proceed  with  the  installa- 
tion of  such  additional  lights. 

Seventh.     To  designate  the  hours  for  lighting  such  districts. 

Eighth.  To  perform  any  and  all  other  acts  and  things  necessary  or 
proper  to  carrj^  out  the  provisions  of  this  act. 

Ninth.  To,  within  ten  days  after  the  establishment  of  such  district, 
proceed  with  carrying  out  the  provisions  of  this  act  by  advertising  for 
laids  for  installing,  caring  for  and  maintaining  the  lights  determined 
upon;  and  for  supplying  the  district  with  all  of  the  gas,  electricity  or 
such  other  illuminant  as  has  been  determined  upon,  necessary  for  oper- 
ating and  maintaining  any  and  all  of  the  lights  which  have  been  already 
installed  or  which  are  to  be  installed  within  such  district.  The  contract 
to  be  awarded  to  the  lowest  responsible  bidder;  provided  however,  that 
the  rates  to  be  paid  therefor  must  not  exceed  in  any  event  the  rates 
paid  at  that  time  by  said  county  for  highway  lighting  in  other  portions 
of  said  county.  The  rates  to  be  paid  must  not  be  fixed  for  a  term 
exceeding  five  years,  and  the  board  of  supervisors  must  reserve  the  right 
to  abrogate  such  contract  whenever  gas  or  electric  current  is  offered  to 
be  supplied  at  two-thirds  of  such  fixed  contract  price. 

Prior  light,  maintenance. 

§  12.  If  prior  to  the  formation  of  a  lighting  district  any  lights  have 
been  maintained,  by  public  subscription  or  paid  for  out  of  the  district 
road  funds,  within  any  territory  which  subsequently  forms  itself  into  a 
lighting  district  under  the  provisions  of  this  act;  at  the  time  of  the 
establishment  of  such  lighting  district,  or  else  at  the  time  of  expiration 
of  any  then  existing  contract  for  the  maintenance  of  such  lights;  such 
lights  and  the  future  cost  of  maintaining  and  operating  them  shall  be 
included  in  the  estimate  of  the  board  of  sui)ervisors  and  shall  thence- 
forth be  maintained  as  a  part  of  the  lighting  system  of  such  lighting 
district. 


Act  1466,  §§  13-18  GENERAL  LAWS.  472 

Authority  to  erect  poles. 

§  13.  In  granting  authority  to  lay  down  pipes  or  to  erect  poles  and 
string  wires,  and  in  contracting  for  gas  or  electric  current,  the  board  of 
supervisors  must  impose  such  restrictions  and  conditions,  and  provide 
for  such  locations  of  the  various  wires  and  lights,  so  as  to  work  the  least 
possible  public  or  private  inconvenience. 

Estimate  for  tax  levy. 

§  14.  On  or  before  the  first  day  of  September  in  each  and  every  year, 
the  board  of  supervisors  of  any  county  wherein  a  lighting  district  has 
been  established,  shall  make  an  estimate  of  the  cost  of  conducting  and 
maintaining  such  lighting  district  for  the  ensuing  fiscal  year,  together 
with  the  cost  of  installing  and  maintaining  such  additional  lights  as 
may  have  already  been  petitioned  for  by  the  residents  of  such  lighting 
districts,  and  for  the  cost  of  any  other  things  which  may  be  necessary 
for  carrying  out  the  purposes  of  this  act. 

Tax  levy. 

§  15.  When  such  estimate  shall  have  been  made,  the  board  of  super- 
visors of  any  county  wherein  a  lighting  district  has  been  established, 
must,  at  the  time  of  levying  county  taxes,  levy  a  special  tax  upon  all 
of  the  taxable  property  within  the  limits  of  such  lighting  district  at 
the  equalized  value  thereof,  sufficient  in  amount  to  maintain  the  said 
lighting  system,  and  to  install  any  additional  lights,  or  for  any  or  all 
of  the  purposes  of  this  act. 

Disposition  of  revenue. 

§  16.  The  revenue  derived  from  said  tax,  together  with  all  other 
moneys  acquired  in  whatsoever  manner  by  the  lighting  district,  shall  be 
paid  into  the  county  treasury  to  the  credit  of  the  lighting  fund  of  the 
district  wherein  said  tax  was  collected,  subject  only  to  the  order  of  the 
board  of  supervisors  of  said  district,  and  to  be  by  them  expended  only 
for  and  on  behalf  of  the  district  wherein  such  money  was  collected. 

Designation  of  district. 

§  17.  Every  lighting  district  formed  or  established  under  the  pro- 
visions of  this  act,  must  be  designated  by  the  name  and  under  the  style 

of   lighting     district,    (using    the    name    of     the    district),    of    

county,  (using  the  name  of  the  county  in  which  such  district  is  situ- 
ated), and  in  that  name  the  board  of  supervisors  may  make  and  award 
contracts,  and  may  sue  and  be  sued. 

Dissolution  of  district.     Outstanding  indebtedness. 

§  18.  The  district  may  at  any  time  be  dissolved  upon  the  vote  of 
two-thirds  of  the  qualified  electors  thereof,  at  an  election  called  by  the 
board  of  supervisors,  upon  the  question  of  dissolution.  Upon  a  petition 
signed  by  fifty  or  more  property  owners  and  residents  of  such  lighting 
district,  asking  for  the  dissolution  of  said  district,  the  board  of  super- 
visors shall  within  thirty  days  after  receiving  said  petition,  by  resolu- 
tion, order  that  an  election  be  held  in  the  said  district,  for  the  deter- 


473  HIGHWAYS.  Acts  1467,  1468 

niination  of  the  question,  and  appoint  three  qualificcl  electors  thereof  to 
conduct  said  election.  Such  election  shall  be  called  and  conducted  in 
the  same  manner  as  other  elections  of  the  district.  Upon  such  dissolu- 
tion, any  property  which  may  have  been  acquired  by  such  lighting  dis- 
trict shall  vest  in  any  incorporated  town  or  city  that  may  at  such  time 
be  in  occupation  of  a  considerable  portion  of  the  territory  of  such 
lighting  district;  and  if  there  be  no  such  incorporated  town  or  city,  then 
such  property  shall  be  vested  in  the  board  of  supervisors  of  the  county 
wherein  such  lighting  district  is  situated  until  the  formation  of  such 
incorporated  town  or  city;  provided,  however,  that  if  at  the  time  of  the 
election  to  dissolve  such  district  there  be  any  outstanding  indebtedness 
of  such  district,  then,  in  such  event,  the  vote  to  dissolve  such  district 
shall  dissolve  the  same  for  all  purposes  excepting  only  the  levy  and 
collection  of  taxes  for  the  payment  of  such  outstanding  indebtedness; 
and  from  the  time  such  district  is  thus  dissolved  until  such  indebtedness 
is  fully  paid,  satisfied  and  discharged,  the  legislative  authority  of  such 
incorporated  town  or  city,  or  the  board  of  supervisors,  if  there  be  no 
such  incorporated  town  or  city,  is  hereby  constituted  ex  officio  the  board 
of  supervisors  of  such  district.  And  it  is  hereby  made  obligatory  upon 
such  board  to  levy  such  taxes  and  perform  such  other  acts  as  may  be 
necessary  in  order  to  raise  money  for  the  payment  of  such  indebted- 
ness, as  herein  provided. 

§  19.     All  acts  or  parts  of  acts  in  conflict  with  this  act  are  hereby  re- 
pealed. 

§  20.     This  act  shall  take  effect  immediately. 

ACT  1467. 

An  act  authorizing  the  construction,  acquisition,  maintenance  and  con- 
trol of  a  system  of  state  highways  in  the  state  of  California;  speci- 
fying the  work,  fixing  the  payments  to  be  made  by  counties  for 
moneys  expended  therein;  providing  for  the  issuance  and  sale  of 
state  bonds  to  create  a  fund  for  the  construction  and  acquisition  of 
such  system;  creating  a  sinking  fund  for  the  payment  of  said  bonds; 
and  providing  for  the  submission  of  this  act  to  a  vote  of  the  people. 
[Approved  March  22,  1909.     Stats.  1909,  p.  647.] 

This  act  provided  for  the  suljmission  to  the  people  of  an  issue  of  $18,000,000 
in  bonds  for  the  construction  of  a  state  system  of  highways. 

ACT  1468. 

An  act  to  provide  for  the  protection  and  preservation  of  shade  and 
ornamental  trees  growing  and  to  be  grown  upon  tlie  roads,  high- 
ways, grounds  and  property  within  the  state  of  California;  and  for 
the  planting,  care,  protection  and  preservation  of  shade  and  orna- 
mental trees,  hedges,  lawns,  shrubs  and  flowers  growing  and  to  be 
grown  in  and  upon  such  roads,  highways,  grounds  and  property; 
and  to  create  county  boards  of  forestry  for  such  purposes;  and  to 
prescribe  the   duties   and  powers  of  such   boards;   and   to   authorize 


Act  1468,  §§  1-7  GENERAL  LAWS.  474 

such  boards  to  appoint  county  foresters;  and  to  prescribe  the  duties 
and  fix  the  compensation  of  county  forester,  and  to  empower  such 
boards  to  enforce  all  laws  and  adopt  and  enforce  any  and  all  lawful 
and  reasonable  rules  for  the  protection,  planting,  regulation,  pres- 
ervation, care  and  control  of  such  shade  and  ornamental  trees, 
hedges,  laws,  shrubs  and  flowers. 

[Approved  April  28,  1909.     Shats.  1909,  p.  1129.] 

§  1.  The  board  of  supervisors  in  each  and  every  county  or  city  and 
county  of  the  state  of  California  may,  in  its  discretion,  appoint  a  county 
board  of  forestry,  who  shall  serve  without  compensation,  and  who  shall 
have  exclusive  charge  and  control  of  all  shade  and  ornamental  trees, 
hedges,  lawns,  shrubs  and  flowers  growing  or  to  be  grown  upon  the  pub- 
lic roads,  highways,  grounds  and  property  within  its  respective  county. 

§  2.  Whenever  the  board  of  supervisors  of  any  county  or  city  and 
county  in  this  state  shall,  by  resolution  or  ordinance,  elect  to  avail 
itself  of  the  provisions  of  this  act,  such  board  shall,  within  two  months 
thereafter,  appoint  five  suitable  and  competent  persons,  one  from  each 
supervisorial  district  of  such  county  or  city  and  county,  as  a  county 
board  of  forestry  in  and  for  such  county,  who  shall  serve  as  such  with- 
out compensation. 

§  3.  The  term  of  office  of  such  county  board  of  forestry  shall  be  four 
years;  provided,  however,  that  the  persons  first  appointed  shall  so  class- 
ify themselves  by  lot  that  two  of  their  number  shall  retire  from  office 
at  the  end  of  two  years,  two  at  the  end  of  three  years  and  one  at  the 
end  of  four  years.  If  any  vacancy  occurs  in  the  office,  such  vacancy 
shall  be  filled,  for  the  unexpired  term,  by  the  board  of  supervisors. 

§  4.  Within  ten  days  after  notice  of  their  appointment,  the  members 
of  said  county  board  of  forestry  shall  organize  by  the  election  of  one  of 
their  members  as  chairman  and  adopt  suitable  rules  for  their  govern- 
ment. 

§  5.  When  organized,  said  county  board  of  forestry  shall  appoint  a 
suitable  and  competent  person  as  county  forester  to  serve  as  such  during 
the  pleasure  of  the  board,  prescribe  his  duties  and  fix  his  compensation, 
which,  however,  shall  not  exceed  one  hundred  and  fifty  dollars  per  month. 

§  6.  Such  forester,  when  appointed,  shall  execute  a  bond  to  said  board, 
in  the  sum  of  $1,000,  for  the  faithful  performance  of  his  duties.  He  shall 
act  as  its  secretary  and  perform  such  other  duties  as  said  board  shall 
prescribe.  Said  forester  shall  have  power  and  it  shall  be  his  duty  to  en- 
force the  provisions  of  this  act  and  all  lawful  orders  of  said  board  and 
he  shall  be  and  hereby  is  vested  with  all  the  powers  of  a  peace  officer  to 
make  arrests  for  the  violation  of  any  of  the  provisions  of  this  act. 

§  7.  Every  county  board  of  forestry  appointed  under  the  provisions  of 
this  act  shall,  within  their  respective  counties,  have  exclusive  power  over 


475  HOGS.  Act  1468,  §5  8-18 

and  jurisdiction  to  decide  upon  the  variety,  kind  and  character  of  trees, 
hedges  and  shrubs  that  shall  be  planted  upon  said  roads,  highways, 
grounds  and  property;  and  to  determine  all  questions  respecting  the 
pruning,  cutting  and  removal  of  any  trees,  hedges  and  shrubs  now  grow- 
ing and  to  grow  thereon  and  the  necessity  therefor  and  the  extent  of  and 
the  manner  in  which  said  work  shall  be  done;  and  to  enforce,  carry  out 
and  effectuate  the  provisions  of  this  act;  provided,  however,  that  said 
board,  in  the  exercise  of  its  powers  and  the  performance  of  its  duties 
hereunder,  shall  not  interfere  with  the  jurisdiction  of  the  board  of  super-' 
visors  over  the  roads,  highways,  grounds  and  property  in  the  improve- 
ment, care  and  general  control  thereof. 

§  8.  It  shall  be  unlawful  for  any  person  or  corporation  (except  said 
county  board  of  forestry)  in  any  county  or  city  and  county  where  a 
county  board  of  forestry  has  been  created  and  appointed  under  the  pro- 
visions of  this  act,  to  trim,  prune,  cut,  deface,  destroy  or  remove  any 
shade  or  ornamental  tree,  hedge  or  shrub  growing  or  to  grow  upon  any 
such  road,  highway,  ground  or  property  or  to  paint,  place,  attach  to  or 
put  upon  any  such  trees,  hedges  or  shrubs  any  sign,  notice,  advertisement 
or  advertising  device  withotit  the  consent  in  writing  of  said  board  first 
obtained,  or  to  plant  any  tree,  hedge  or  shrub  on  any  such  road,  high- 
way, ground  or  property  without  such  written  consent. 

§  9.  Every  person  who  shall  violate  any  of  the  provisions  of  section 
5  of  this  act,  shall  be  guilty  of  a  misdemeanor. 

§  10.  All  moneys  received  as  penalties  for  the  violation  of  the  pro- 
visions of  this  act,  shall  be  paid  into  the  county  treasury  to  the  credit 
of  the  county  board  of  forestry  fund,  which  fund  is  hereby  created,  and 
the  moneys  thereof  hereby  appropriated  for  the  expenses  of  said  board 
in  the  carrying  out  of  provisions  of  this  act  and  the  policy  and  pur- 
poses herein  provided. 

§  11.  Boards  of  supervisors,  whenever  the  provisions  of  this  act  are 
availed  of,  shall  appropriate  money  for  the  use  of  said  county  board  of 
forestry  sufficient  to  pay  the  compensation  of  said  county  forester  and 
for  the  necessary  expenses  of  said  county  board  of  forestry. 

§  12.  All  acts  or  parts  of  acts  inconsistent  with  the  provisions  of 
this  act  are  hereby  repealed. 

§  13.     This  act  shall  take  effect  immediately. 

HOGS. 
General  acts  relating  to  hogs  running  at  large  were  repealed  by  the  estray  law 
of  1897,  p.  198.     For  acts  relating  to  particular  localities,  see  particular  title. 


Acts  1469-1474  GENERAL  LAWS.  476 

TITLE  209. 
HOLIDAYS. 
ACT  1469. 

An  act  authorizing  boards  of  supervisors   or  other  governing  bodies   of 

municipalities  to  declare  holidays. 

[Approved  March  23,  1901.     Stats.  1901,  p.  658.] 

•  §  1.  The  board  of  supervisors  or  other  governing  body  of  any  county, 
town,  city,  or  city  and  county,  may  declare  the  day  on  which  a  primary 
or  other  election  is  held  in  such  municipality   to   be   a  holiday   therein. 

ACT  1470. 

An  act  declaring  February  12,  the  birthday  of  Abraham  Lincoln,  a  legal 
holiday  and    providing  for   a   half-day   session   in   the   public   schools 
on  such  holiday,  and  for  certain  exercises  in  the  public  schools. 
[Approved  April  13,  1909.     Stats.  1909,  p.  861.] 
Lincoln  day. 

§  1.  February  12th,  the  birthday  of  Abraham  Lincoln,  is  hereby  de- 
clared a  legal  holiday,  provided,  however,  that  all  the  public  schools 
throughout  the  state  shall  hold  sessions  in  the  forenoon  of  that  day  in 
ord^r  to  allow  the  customary  exercises  in  memory  of  Lincoln;  and  pro- 
vided further,  that  when  February  12th  falls  on  Sunday,  then  Monday 
following  shall  be  a  legal  holiday  and  shall  be  so  observed;  and  provided 
still  further,  that  when  February  12th  falls  on  Saturday  such  exercises 
in  the  public  schools  shall  take  place  on  the  Friday 'afternoon  preceding. 
Compare  Act  1471. 

ACT  1471. 

An  act  declaring  Friday,  February  twelfth,  1909,  the  100th  birthday 
of  Abraham  Lincoln,  a  legal  holiday  and  providing  for  a  half-day 
session  of  the   public  schools  for   that  day. 

[Approved  January  20,  1909.     Stats.  1909,  p.  2.] 

§  1.  Friday,  February  twelfth,  1909,  the  100th  anniversary  of  the 
birth  of  Abraham  Lincoln,  is  hereby  declared  a  legal  holiday,  provided, 
however,  that  all  public  schools  throughout  the  state  shall  hold  sessions 
in  the  forenoon  of  that  day  in  order  to  allow  the  customary  exercises 
in  memory  of  the  martyred  president. 

§2.     This  act  shall  take  effect  immediately. 
Compare  Act  1470. 

TITLE  210. 

HOLLISTER. 
ACT  1474. 

Incorporating.     [Stats.   1873-74,  p.   675.] 
Superseded  by  incorporating  under  statute  of  1883,  in  1901. 


477  HOME  OP  ADULT  BLIND— HOMING  PIGEONS.      Acts  1479-1497 

TITLE  211. 
HOME  OF  ADULT  BLIND. 
ACT  1479. 

Appropriating  money  for  the  establishment  and  management  of  the  in- 
dustrial   home    of    mechanical    trades    for    the    adult    blind.     [Stats. 
1885,  p.  18.] 
Superseded  1887,  p.  160,  c.  CXLVIII. 

ACT  1480. 

Establishing  an  industrial  home  of  mechanical  trades  for  the  adult  blind, 

and    creating    a    board    of    directors    for    the    government    thereof. 

[Stats.  1887,  p.  160.] 

Amended   1889,   p.   160.] 

Codifled  by  §§  2207-22U7k  of  Political  Code. 

TITLE  212. 
HOMESTEADS. 
ACT  1485. 

In  relation  to  homesteads.     [Stats.  1867-68,  p.  116.] 
Superseded  by  Civil  Code  §§  1237-1269. 
Citations.      Cal.  46/266;  47/80;   71/508. 

ACT  1486. 

Extending    the    privileges    of    the    homestead    law    to    certain    persons. 
[Stats.   1860,   p.   87.] 
Citations.      Cal.  102/497,  500;   119/372. 

This  act  extended  the  law  to  unmarried  men   and  women  and  to  widows   and 
widowers.     The  homestead  acts  are  superseded  by  Civil  Code,  §  1287  et  seq. 

ACT  1487. 

Alienating  or  incumbering.     [Stats.  1873-74,  p.  582.] 
Codified  by  §§  1269a-1269c  of  Civil  Code. 

Citations.      Cal.  108/220;    114/670,   671,   672,   673,   676;    126/25. 
It  provided  for  the  alienation  of  the  homestead  in  case  of  the  insanity  of  either 
husband  or  wife. 

TITLE  213. 
HOMESTEAD  CORPORATIONS. 
ACT  1492. 

To  authorize  formation  of  homestead  corporations.     [Stats.  1861,  p.  567.] 
Repealed.      See    §288,    Civil    Code.      Amended    1867-68,    p.    539;    1869-70,    p. 
474.      Supp.  1863-64,  p.  492;  1873-74,  p.  525.      See  supplementary  act  of  1873- 
74,   p.   525,   which   appears  in  full  in   Appendix,  Civil  Code,  p.  1910. 
Citations.     Cal.  131/341. 

TITLE  214. 
HOMING   PIGEONS. 
ACT  1497. 

An  act  for  the  protection  of  the  Antwerp  messenger,  or  homing-pigeon. 
[Approved  February  26,  1897.     Stats.  1897,  p.  37.] 
Codified  by  §  598a  of  Penal  Code. 


Acts  1502-1511  GENERAL  LAWS.  478 

TITLE  215. 
HOPS. 
ACT  1502. 

An  act  fixing  rate  of  tare  on  baled  hops. 
[Approved  March  31,  1891.     Stats.  1891,  p.  452.] 

§1.  There  shall  be  allowed  on  baled  hops  a  tare  at  the  rate  of  two 
per  centum  of  the  weight  of  the  bale  for  the  cloth  and  other  material 
used  in  baling;  that  is,  the  tare  shall  be  at  the  rate  of  two  pounds  per 
hundred  on  the  weight  of  the  bale. 

§  2.  This  act  shall  'take  effect  and  be  in  force  from  and  after  its 
passage. 

TITLE  216. 
HOENITOS. 
ACT  1507. 

Incorporating  town  of.     [Stata.  1869-70,  p.  471.] 

TITLE  217. 
HOETICULTUEE. 
See  "Agriculture"  ;   "Forestry"  ;   "Viticulture." 

ACT  1510. 

An  act  to  provide  for  the  proper  naming  of  trees,  seeds,  plants,  and 
vines,  sold,  offered,  or  exposed  for  sale  in  this  state  and  providing 
a  penalty  for  the  violation  of  this  act. 

[Approved  March  3,   1905.     Stats.   1905,   p.  44.] 

§  1.  All  trees,  seeds,  plants  and  vines,  sold,  offered  or  exposed  for 
sale  in  the  state  of  California  shall  be  properly  named  as  to  variety  and 
kind,  and  any  person  knowingly  selling,  trading,  or  exchanging,  or  offer- 
ing or  exposing  for  sale  any  trees,  seeds,  plants  or  vines  falsely  named 
as  to  variety  and  kind  shall  be  guilty  of  a  misdemeanor,  and  shall  be 
liable  to  a  fine  of  not  less  than  ten  dollars,  nor  more  than  three  hundred 
dollars. 

ACT  1511. 

An  act  to  provide  for  an  investigation  of  the  nature  of  the  diseases 
known  as  pear  blight  and  walnut  blight  and  to  prevent,  eradicate, 
and  procure  a  cure  for  the  same  and  to  cause  to  be  prosecuted  experi- 
mental and  research  work  in  the  field  of  viticulture,  directing  pub- 
lication of  the  results  of  such  experiments  and  investigations,  making 
an  appropriation  therefor  and  prescribing  the  duties  of  the  controller 
and  treasurer  in  relation  thereto. 

[Approved  March  18,  1905.     Stats.  1905,  p.  124.] 

§  1.  The  regents  and  the  president  of  the  University  of  California 
are  hereby  directed  to  cause  to  be  prosecuted  with  all  possible  diligence, 


479  HORTICULTURE.  Act  1512 

in  conneption  with  and  !n  addition  to  tho  work  heretofore  carried  on  by 
the  agricultural  experiment  station,  experimental  and  research  work  in 
the  field  of  viticulture,  including  both  cultural  and  industrial  processes. 
They  are  directed  to  ascertain  the  adaptation  of  the  various  kinds  of 
vines  to  the  several  climatic  and  soil  conditions  of  the  state,  with  the 
piiecial  reference  to  those  stocks  for  propagating  purposes,  resistant  to 
the  phylloxera,  and  to  further  their  adaptability  and  utility  as  grafting 
stocks  for  producing  wine,  raisin  and  table  grapes.  They  are  directed 
to  ascertain  the  best  methods  of  grafting  and  propagating  said  stocks 
and  vines  together  with  the  most  important  nietliods  of  vinification  and 
preparation,  manufacture  and  application  of  j^easts  in  vinification  and 
distillation.  They  are  further  directed  to  report  upon  the  utilization  of 
the  by-products  of  the  vineyard  and  winery,  the  study  and  treatment  of 
the  vine  diseases,  and  all  matters  appertaining  to  the  vitieultxiral  indus- 
try pertinent  to  the  successful  conduct  of  the  business  and  that  may  be 
of  general  public  interest,  use  and  profit.  They  are  further  directed  to 
publish  the  result  of  said  experiments  and  investigations  in  form  of  bul- 
letins from  time  to  time,  as  may  seem  advisable  and  not  less  than  two 
bulletins  showing  the  progress  and  result  of  the  work,  shall  be  issued 
in  any  fiscal  year. 

And  they  are  further  directed  to  inaugurate  an  investigation  of  the 
cause,  nature,  and  means  of  suppression  or  prevention,  of  the  so-called 
pear  blight,  a  destructive,  infectious  disease  of  pear  and  apple  trees. 
For  such  investigation  said  director  shall  obtain  and  establish  such  as- 
sistants, equipment,  materials,  appliances,  apparatus  and  other  incidentals 
as  may  be  necessary  to  the  successful  prosecution  of  the  work,  within 
the  appropriation  specified. 

.'Vnd  they  are  further  directed  to  secure  a  remedy  for  the  so-called 
walnut  blight.  The  said  regents  are  hereby  authorized  to  employ  an 
expert  and  if  necessary,  to  send  him  abroad  to  ascertain  the  cause  of  this 
blight  and  in  an  endeavor  to  secure  a  remedy  therefor. 

§  2.  There  is  hereby  appropriated  for  the  use  of  said  experiment  sta- 
tion, for  the  purposes  set  forth  in  this  act,  the  sum  of  twenty  thousand 
dollars   ($20,000). 

§  3.  All  money  appropriated  under  this  act  shall  be  paid  to  the  regents 
of  the  University  of  California,  and  expended  under  the  direction  of  the 
director  of  the  agricultural  experiment  station  of  said  university  for  the 
specific  purposes  herein  named. 

ACT  1512. 

To   create  and  establish   a   state  board   of  horticulture,   and   appropriate 

money  for  the  expenses  thereof.     [Approved  March  13,  1883.     Stats. 

1883,  p.  289.] 

Amended  1885,  p.  4;   18S9,  pp.  8.  89.     Repealed  1903,  p.  524. 

See  Political  Code,  §§  2319-2319J. 


Acts  1513-1517  GENERAL  LAWS. 


ACT  1513. 


An  act  to  create  a  state  commission  of  horticulture,  to  provide  for  a 
state  commissioner  of  horticulture,  and  prescribe  his  powers,  duties 
and  compensation,  and  to  provide  methods,  means  and  penalties  for 
the  enforcement  of  such  powers  and  duties,  aud  appropriating  money 
for  the  use  and  support  and  to  pay  the  expenses  thereof,  and  to 
repeal  chapter  sixty-three  of  the  laws  of  eighteen  hundred  and  eighty- 
three,  chapter  seven  of  the  laws  of  eighteen  hundred  and  eighty- 
five,  chapter  eighty-six  of  the  laws  of  eighteen  hundred  and  eighty- 
nine,  and  chapter  one  hundred  and  ninety-four  of  the  laws  of 
eighteen  hundred  and   ninety-one. 

[Approved  March  25,  1903.     Stats.   1903,  p.  524.] 
Amended  1905,  p.  496. 

Probably  codified  by  §§  2319-2319J,  Political  Code.  The  code  commissioners 
say  it  is  the  act  of  1883,  289  (Act  1512),  that  is  codified.  As  that  act  was  re- 
pealed in  1903,  the  act  of  1903   (Act  1513)  is  probably  the  one  referred  to. 

ACT  1514. 

To  protect  and  promote  the  horticultural  interests  of  the  state.     [Stats. 
1881,  p.  86.] 
Amended    1889,    p.    413;    1891,    p.    268.     Repealed    1897,    p.    244.      Amended 
1907,   p.    112. 

ACT  1515. 

An  act  to  promote  the  horticultural  interests  of  the  state  by  providing 

county   boards   of   horticulture,   and   repealing    the    act   entitled    "An 

act  to  protect  and  promote  the  horticultural  interests  of  the  state," 

approved    March    14,    1881,    and    certain    acts    amendatory    thereof, 

approved  March  19,  1889,  and  March  31,  1891. 

[Approved  March  31,  1897.     Stats.  1897,  p.  244.] 

Amended  1905,  p.  297;    1907,  p.   112. 

Citations.      Cal.  133/325. 

Codified  by  §§  2322-2322e  of  Political  Code. 

ACT  1516. 

To  prevent  the  spreading  of  fruit  and  fruit-tree  pests  nnd  diseases,  and 

to  provide  for  their  extirpation.     [Approved  March  9,  1885.     Stats. 

1885,  p.  40.] 

Superseded  1899,  p.  91. 

ACT  1517. 

For  the  protection  of  horticulture,  and  to  prevent  the  introduction  into 
this  state  of  insects,  or  diseases  or  animals  injurious  to  fruit  or  fruit- 
trees,  vines,  bushes,  or  vegetables,  and  to  provide  for  a  quarantine 
for  the  enforcement  of  this  act.     [Stats.  1899,  p.  91.] 
Amended  1903,  p.  32. 


481  HORTICULTURE.  Acts  1518,  1519 

ACT  1518. 

An  act  prohibiting  the  sale  of  any  fruit  tree  or  fruit  trees  of  a  certain 
kind,  variety  or  description  and  the  delivery  thereafter  with  the 
intent  to  deceive  to  the  purchaser  of  a  fruit  tree  or  fruit  trees  of  a 
different  kind,  variety  or  description,  and  providing  penalties  for  the 
violation  thereof,  and  prescribing  the  time  within  which  prosecutions 
under  this  act  may  be  commenced. 

[Approved  March  15,  1907.     Stats.  1907,  p.  275.] 

§  1.  It  shall  be  unlawful  for  any  person,  persons,  firm  or  corporation, 
acting  either  as  principal  or  agent,  to  sell,  to  any  person,  persons,  firm 
or  corporation  any  fruit  tree  or  fruit  trees  representing  same  to  be  of 
a  certain  kind,  variety  and  description  and  thereafter  to  deliver  to  such 
purchaser  in  filling  such  order  and  in  completing  such  sale  a  fruit  tree 
or  fruit  trees  of  a  different  kind,  variety  or  description  than  the  kind, 
variety  or  description  of  such  fruit  tree  or  fruit  trees  so  ordered  and  sold. 

§2.  Any  person  violating  any  provisions  of  this  act  shall  be  deemed 
guilty  of  a  misdemeanor  and  upon*  conviction  shall  be  fined  in  a  sum  not 
less  than  fifty  ($50)  dollars,  nor  more  than  five  hundred  ($500)  dollars, 
or  by  imprisonment  in  the  county  Jail  for  not  less  than  twenty  days  or 
more  than  six  months,  or  by  both  fine  and  imprisonment. 

§  3.  Prosecutions  under  this  act  may  be  commenced  at  any  time 
within  seven  years  from  the  time  of  the  delivery  of  such  fruit  tree  or 
fruit  trees  mentioned  in  section  one. 

§4.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

ACT  1519. 

An  act  providing  for  the  investigation  of  the  nature  and  means  of  con- 
trol of  destructive  diseases  of  cultivated  plants  in  those  portions  of 
the  state  not  benefited  by  the  Southern  California  Pathological 
Laboratory,  and  making  an  appropriation  therefor. 

[Approved  April  26,  1909.     Stats.  1909,  p.  1092.] 

Investisration  of  tree  diseases. 

§1.  The  regents  and  the  president  of  the  University  of  California  are 
hereby  directed  to  maintain  in  connection  with  the  agricultural  experi- 
ment work  of  the  university  in  those  portions  of  the  state  not  benefited 
by  the  Southern  California  Pathological  Laboratory,  a  scientific  station 
or  laboratory  with  the  necessary  equipment  for  the  investigation  of  the 
nature  and  "means  of  control  of  injurious  and  destructive  diseases  of 
cultivated  trees,  plants  and  crops. 

Information  to  growers. 

§2.     They   are   directed   to   make  or  cause   to  be   made  investigntions 
of  such  troubles  as  pear  blight,  peach  blight,  olive  knot,  apricot  failures. 
Gen.  Laws — 31 


Acts  1522,  1523  GENERAL  LAWS.  482 

pear  scab,  apple  diseases,  root  rot,  root  knot,  diseases  of  tomatoes, 
potatoes,  asparagus,  onions  and  other  vegetables,  and  such  other  plant 
diseases  as  may  be  called  to  their  attention.  They  shall  also  furnish 
information  and  practical  demonstrations  to  the  growers  of  these  crops 
as  to  the  best  means  of  control  for  such  diseases. 

Appropriation. 

§  3.  The  sum  of  fifteen  thousand  dollars  is  hereby  appropriated  out 
of  any  money  in  the  state  treasury  not  otherwise  appropriated  to  be 
expended  by  the  regents  of  the  University  of  California  in  carrying  out 
the  purposes  of  this  act  and  the  state  controller  is  hereby  authorized 
and  directed  to  draw  his  warrant  for  the  same,  payable  to  the  regents  of 
the  University  of  California,  and  the  treasurer  of  the  state  is  hereby 
directed  to  pay  such  warrant. 

TITLE  218. 
HOSPITALS. 

ACT  1522. 

Conferring  power  upon  the  governing  body  of  municipal  corporations  of 
the  first  class  to  provide  for  the  erection  of  a  municipal  hospital,  and 
to  levy  a  tax  therefor.  [Approved  February  16,  1897.  Stats.  1897, 
p.  9.] 

ACT  1523. 

An  act  to  provide  for  the  licensing  and  inspecting  of  maternity  hospitals, 
lying-in  asj'lums  and  homes  for  children:  defining  the  duties  of 
persons  conducting  the  same;  and  the  duties  and  powers  of  the 
county  boards  of  health  or  county  health  officers  and  other  health 
officers  in  relation  thereto,  and  providing  a  penalty  for  the  violation 
of  its  provisions. 

[Approved  March  20,  1903.     Stats.  1903,  p.  317.] 

§  1.  Any  person  who,  without  first  having  obtained  a  license  in  writ- 
ing so  to  do  from  the  county  board  of  health  or  county  health  officers, 
as  hereinafter  provided,  manages,  conducts,  establishes  or  maintains 
within  any  county  or  city  and  county  in  this  state  any  maternity  hos- 
pital or  lying-in  asylum  where  females  may  be  received,  cared  for  or 
treated  during  pregnancy,  or  during  or  after  delivery;  or  manages,  con- 
ducts, establishes  or  maintains  within  any  county  or  city  and  county  in 
this  state  any  institution,  boarding-house,  home  or  other  place  for  the 
reception  or  care  of  children,  or  keeps,  at  any  such  place,  any  child 
under  the  age  of  twelve  years,  not  his  relative,  apprentice,  or  ward, 
without  legal  commitment;  or  neglects,  refuses  or  omits  to  comply  with 
the  provisions  of  this  act,  or  who  violates  the  provisions  of  such  act,  is 
guilty  of  a  misdemeanor. 

§  2.  For  such  places  within  the  limits  of  their  respective  territorial 
jurisdictions,  the  county  board  of  health  in  all  counties  or  city  and 
county  governments,  having  a  county  board  of  health,  and  in  all  other 


483  HOSPITALS.  Act  1524 

counties  or  city  and  county  governments,  the  county  health  officer  shall 
have  power  to  issue  licenses,  and  every  such  litrnse  must  specify  the 
name  and  residence  of  the  person  so  undertaking  the  care  of  such 
females  or  children;  and  the  location  within  the  countv  or  city  and 
county  of  the  place  where  the  same  are  kept  and  the  number  of  females 
or  children  thereby  allowed  to  be  received,  boarded  or  kept  therein,  and 
shall  be  revocable  for  cause  by  the  said  county  board  of  health  or  county 
health  ofliccr,_  as  the  case  may  be,  in  any  case  whore  the  provisions  of 
this  act  are  violated,  or  in  any  case  where,  in  the  opinion  of  such  county 
board  of  health  or  such  county  health  officer,  such  hospital,  asylum,  insti- 
tution, home,  boarding-house  or  other  place  is  being  managed,  conducted 
or  maintained  without  proper  regard  for  the  health,  comfort  or  morality 
of  the  inmates  thereof,  or  without  due  regard  or  proper  sanitation  or 
hygiene. 

§  3.  Every  person  so  licensed  must  keep  a  register,  wherein  he  shall 
enter  the  names  and  addresses  of  all  such  females,  the  names  and  ages 
of  all  such  children,  and  of  all  children  born  on  the  premises,  and  the 
names  and  residences  of  their  parents,  so  far  as  is  known,  and  the  time 
of  the  reception  and  discharge  of  such  children  and  the  reasons  therefor, 
and  also  the  name  and  age  of  every  child  who  is  given  out,  adopted, 
taken  away,  or  indentured  from  such  place,  to  or  by  any  person,  together 
with  the  name  and  residence  of  the  person  so  adopting,  taking  away  or 
indenturing  such  child;  and  within  forty-eight  hours  after  such  child 
is  so  given  out,  taken  away  or  indentured,  shall  cause  a  correct  copy  of 
the  register  relating  to  such  child  to  be  sent  to  the  county  board  of 
health  or  county  health   officer,  as  the   case   may  be. 

§4.  It  shall  be  lawful  for  the  officers  and  representatives  of  such 
county  board  of  health,  or  for  such  county  health  officers  and  their  repre- 
sentatives, and  for  all  health  officers,  at  all  reasonable  times,  to  enter 
and  inspect  the  premises  wherein  such  females  and  children  are  so 
boarded,  received  or  kept,  and  to  call  for  and  inspect  the  license  and  the 
register  and  to  also  to  see  and  visit  such  children  and  females. 

ACT  1524. 

An  act  to  promote  the  public  welfare,  by  providing  for  the  conveyance, 
holding  and  protection  of  property,  and  the  creation  of  trusts  for 
the  founding,  endowment,  erection  and  maintenance  within  this 
state  of  hospitals  for  the  relief  of  the  sick  and  for  training  schools 
for  nurses. 

[Approved  February  19,  1907.     Stats.  1907,  p.  10.] 

§  1.  The  provisions  of  this  act  shall  be  liberally  construed  with  a 
view  to  effect  its  objects  and  promote  its  purposes;  and  in  the  construc- 
tion thereof,  the  singular  number  shall  be  deemed  to  include  the  plural, 
and  the  plural  shall  be  deemed  to  include  the  singular  number,  and  the 
masculine  gender  shall  be  deemed  to  include  the  feminine. 

§  2.  Any  person  desiring  in  his  lifetime  to  promote  tlie  public  welfare 
by  founding,  endowing  and  having  maintained  within  this  state  a  hos- 


Act  1524,  §§  3-5  GENERAL  LAWS.  484 

pital  for  the  relief  of  the  sick,  and  as  a  training  school  for  nurses,  may 
to  that  end  and  for  such  purpose,  by  grant  in  writing,  convey  to  a 
trustee  or  any  number  of  trustees  named  in  such  grant,  and  to  their 
successors,  any  property  real  or  personal,  belonging  to  such  person,  and 
situated  or  being  within  this  state,  provided,  that  if  any  such  person 
be  married  and  the  property  be  community  property,  then  both  husband 
and  wife  must  join  in  such  grant. 

§3.     The  person  making  such  grant  may  therein  designate: 

1.  The  nature,  object  and  purpose  of  the  hospital  and  school  for  nurses 
to  be   founded,   endowed  and   maintained. 

2.  The  name  by  which  it  shall  be  known. 

3.  The  powers  and  duties  of  the  trustees,  and  the  manner  in  which 
they  shall  account,  and  to  whom,  if  accounting  be  required;  but  such 
powers  and  duties  shall  not  be  held  to  be  exclusive  of  other  powers  and 
duties  which  may  be  necessary  to  enable  such  trustees  to  fully  carry  out 
the  objects  of  such  grant. 

4.  The  mode  and  manner,  and  by  whom,  the  successors  of  the  trustee 
or  trustees  named  in  the  grant  are  to  be  appointed. 

5.  Such  rules  and  regulations  for  the  management  of  the  property 
conveyed  as  the  grantor  may  elect  to  prescribe;  but  such  rules  shall, 
unless  the  grantor  otherwise  prescribes,  be  advisory  only,  and  shall  not 
preclude  such  trustees  from  making  such  changes  as  new  conditions  may 
from  time  to  time  require. 

§4.  The  trustee  or  trustees  named  in  such  grant,  and  their  successors 
may  in  the  name  of  the  said  hospital  and  school  for  nurses,  as  designated 
in  such  grant,  receive  and  hold  gifts  and  donations  of  real  and  personal 
property,  sue  and  defend,  in  relation  to  the  trust  property,  and  in  rela- 
tion to  all  matters  affecting  the  said  hospital  and  said  school  endowed 
or  established  by  such  grant,  and  such  trustees  are  hereby  given,  and 
shall  have,  the  right  to  exercise  corporate  powers  and  privileges,  and  to 
that  end  they  may  organize  and  act  as  a  board  of  trustees,  elect  such 
officers  of  such  board  as  they  may  deem  to  be  necessary,  adopt  by-laws, 
and  as  such  board,  and  through  the  officers  thereof,  they  may  transact 
such  business,  perform  such  acts  and  exercise  such  powers  as  they  in 
writing  may  provide  may  be  transacted,  performed  and  exercised  by 
such  board.  Such  board  may  adopt  and  use  a  seal  and  such  seal  when 
attached  to  any  document  or  writing  shall  be  prima  facie  evidence  that 
such  document  or  writing  was  made  by  and  under  due  authority  from 
such  board  and  from  such  trustees. 

§5.  The  person  making  such  grant,  by  a  provision  therein,  may  elect 
in  relation  to  the  property  conveyed  and  in  relation  to  the  erection, 
maintenance  and  management  of  such  hospital  and  school,  to  perform, 
during  his  life,  all  the  duties  and  exercise  all  the  powers  which,  by  the 
terms  of  the  grant,  are  enjoined  upon  and  vested  in  the  trustee  therein 
named,  and  in  such  case  the  powers  and  duties  conferred  and  imposed 
by  such  grant  upon  said  trustees  therein  named,  shall  be  exercised  and 
performed  by  the  person   making  such  grant,   during  his  life;   provided 


485  HOTELS— HOURS  OP  LABOR.  Acts  1528,  1633 

however,  that  upon  the  death  of  such  person  such  powers  and  duties 
shall  devolve  upon  and  shall  bo  exercised  by  the  trustees  named  in  the 
grant,  and  their  successors. 

§6.  Any  such  grant  may  be  executed,  acknowledged  and  recorded  in 
the  same  manner  as  is  now  provided  by  law  for  the  execution,  acknowl- 
edgment and  recording  of  grants  of  real  property. 

§7.  No  suit,  action  or  proceeding  shall  be  commenced  or  maintained 
by  any  person  to  set  aside,  annul  or  effect  said  conveyance  or  to  effect 
the  title  to  the  property  conveyed,  or  the  right  to  the  possession,  or  to 
the  rents,  issues  and  profits  thereof,  unless  the  same  be  commenced  within 
two  years  after  the  date  of  filing  such  grant  for  record;  nor  shall  any 
defense  be  made  to  any  suit,  action  or  proceeding  commenced  by  the 
trustees  named  in  said  grant  or  their  successors,  privies  or  persons  hold- 
ing under  them,  which  defense  involves  the  legality  of  said  grant,  or 
effects  the  title  to  the  property  thereby  conveyed,  or  the  right  of  posses- 
sion, or  the  rents,  issues  and  profits  thereof,  unless  such  defense  is  made 
in  a  suit,  action  or  proceeding  commenced  within  two  years  after  such 
grant  shall  have  been  filed  for  record,  and  after  such  filing  said  projjertj 
shall  be  exempt  from  execution  and  forced  sale. 

§  8.     This  act  shall  be  in  force  from  and  after  its  passage. 

TITLE  219. 

HOTELS. 
ACT  1528. 

An   act   to   regulate   the   use   of   illuminating  gas. 
[Approved  March  20,  1903.     Stats.  1903,  p.  289.] 

§  1.  Every  hotel-keeper,  lodging-house  keeper,  and  innkeeper,  or 
heeper  of  any  place  where  rooms  are  let  to  lodgers  in  which,  or  any 
of  which  such  places  illuminating  gas  is  used,  who  shall  turn  off,  or  cause 
to  be  turned  off  at  the  meter  the  flow  of  such  illuminating  gas,  during  the 
time  of  the  use  of  any  such  room  or  rooms,  shall  be  guilty  of  a  mis- 
demeanor; provided,  however,  that  this  act  shall  not  apply  to  any  of 
the  persons  herein  enumerated,  when  such  person  or  persf»ns  shall  have 
connected  every  exit  orifice  upon  the  gas  fixtures  used  in  such  place  or 
places  with  a  practical  and  safe  automatic  gas  igniter. 

§  2.  This  act  shall  take  effect  and  be  in  force  immediately  from  and 
after  its  passage. 

TITLE  220. 
HOURS  OF  LABOR. 
Of   minors.      See   tit.    "Infancy,"    post. 

ACT  1533. 

To  limit  the  hours  of  labor.     [Stats.  18(37-68,  p.  63. J 
Superseded  by  Political   Code,  §§  3244,   3245,   and  Penal   Code,  §  G51. 


Acts  1534-1545  GENERAL  LAWS.  486 

ACT  1534. 

Limiting  the  hours  of  daily  services  of  laborers,  workmen,  anrl  mechanics 
employed  upon  the  public  works  of  or  work  done  for  the  state  of 
California,  or  any  political  subdivision  thereof,  providing  for  the 
insertion  of  certain  stipulations  in  contracts  for  public  works,  impos- 
ing penalties  for  violations  of  the  provisions  of  this  act,  and  pro- 
viding for  the  enforcement  thereof.  [Stats.  1899,  p.  149.] 
Citations.  Cal.  142/104. 
Superseded  by  the  following  act: 

ACT  1535. 

An  act  limiting  the  hours  of  daily  service  of  laborers,  workmen,  and 
mechanics  employed  upon  the  public  works  of,  or  work  done  for,  the 
state  of  California,  or  any  political  subdivision  thereof;  providing 
for  the  insertion  of  certain  stipulations  in  contracts  for  public 
works;  imposing  penalties  for  violations  of  the  provisions  of  this 
act,  and  providing  for  enforcement  thereof.  [Approved  March  23, 
1901.  Stats.  1901,  p.  561.] 
This  act  was  probably  superseded  in  part,  if  not  entirely,  by  the  following  act: 

ACT  1536. 

An  act  limiting  the  hours  of  service  of  laborers,  workmen,  and  mechanics 
employed  upon  the  public  works  of,  or  work  done  for,  the  state  of 
California,  or  of,  or  for  any  political  subdivision  thereof;  imposing 
penalties  for  violation  of  the  provisions  of  said  act,  and  providing 
for  the  enforcement  thereof.  [Approved  March  10,  1903.  Stats. 
1903,  p.  119.] 
Codified  by  §  653c  of  Penal  Code. 

TITLE  221. 
HOUSE  OF  CORRECTION. 
ACT  1540. 

To  provide   for   commitments   to   the  house   of   correction.     [Stats.   1885, 
p.  34.] 
Superseded  1889,   p.  Ill;   1889,  p.   100. 
Citations.      Cal.  87/83. 

This  act  provided  for  commitments  to  houses  of  correction  instead  of  to  county 
jails  in  counties  where  there  was  a  house  of  correction. 

TITLE  222. 
HOUSES   OF   PROSTITUTION. 
ACT  1545. 

To  suppress  houses  of  ill-fame.     [Stats.  1855,  p.  76.] 
Superseded  by  Penal  Code,  S$  315,  316. 


487  HUMBOLDT  BAY — HUMBOLDT  COUNTY.         Acts  1550-1560 

TITLE  223. 
HUMBOLDT  BAY. 
ACT  1550. 

To  prevent  persons  from  obstructing  the  channels  of  Humboldt  Bay  and 
Harbor.     [Stats.  ISS-i,  p.  192.] 
Superseded  by  Political  Code,  §§  2567-2572,  relating  to  harbor  commissioners 
of  Eureka. 

ACT  1551. 

To  grant  to  the  United  States  certain  tide  lands  belonging  to'  the  state 
of  California  for  the  purpose  of  improving  the  harbor  of  Humboldt 
Bay.     [Approved  March  9,   1887.     Stats.   1887,   p.   59.] 

ACT  1552. 

To  grant  to  the  United  States  certain  tide  lands  belonging  to  the  state 
of  California,  for  the  purpose  of  improving  the  harbor  of  Humboldt 
Bay.     [Approved  March  15,  1889.     Stats.  1889,  p.  201.] 

ACT  1553. 

Authorizing  the  governor  and  attorney  general  to  purchase  for  the  state 
certain  lands  in  Humboldt  Bay.     [Stats.  1899,  p.  166.] 

ACT  1554. 

An  act  appropriating  money  to  be  expended  by  and  under  the  direction 
of  the  department  of  engineering  for  the  purpose  of  making  a  pre- 
liminary survey  of  Humboldt  Bay  and  gathering  data  for  a  report  to 
the  legislature  as  to  the  necessity  of  dredging  and  removing  sand 
and  other  deposits  formed  across  the  channels  of  said  bay  and  as  to 
the  best  manner  of  removing  said  deposits  that  the  navigability  of 
said  bay  may  be  improved  and  making  an  estimate  of  the  cost 
thereof.  [Approved  April  12,  1909.  Stats.  1909,  p.  841.] 
This  act  appropriated  $2,000  for  the  purpose  indicated. 

TITLE  224. 
HUMBOLDT  COUNTY, 
ACT    1558. 

Clerk  of,  compensation  of.     [Stats.  1875-76,  p.  81.] 
Repealed  by  County  Government  Act,  1897,  p.  518,  §  168. 

ACT  1559. 

District  attorney  of,  salary  of.     [Stats.  1875-76,  p.  34.] 
Superseded  by  County  Government  Act,   1897,  p.   518,  §  108. 

ACT   1560. 

Dependent  poor  and  indigent  sick  of,  relief  and  maintenance  of.     [Stats, 
1875-76,  p.  41.] 
Supplemented  1875-76,  p.  488.     Superseded  by  County  Government  Act,  1897, 
p.   452, 


Acts  1561-1571  GENERAL  LAWS.  488 

ACT  1561. 

To    provide    an    additional   judge    for.     [Stats.    1895,    p.    27.] 

ACT  1562. 

Jurors  in   courts   of  justice   of  the   peace   in.     [Stats.    1873-74,   p.   229. J 
As  to  jurors'  fees,  repealed  1895,  p.  273. 

ACT  15G3. 

Providing  for  the  scaling  of  logs  in.     [Stats.   1877-78,  p.  779.] 

ACT  1564. 

Additional  notaries  public.     [Stats.  1871-72,  p.  159.] 
Superseded  by  Political  Code,  §  791. 

This  act  provided  for  the  appointment  of  three  additional  notaries. 
See  Act  2500,  post. 

ACT  1565. 

Fixing  compensation  of  certain  officers  of.     [Stats.  1873-74,  p.  109.] 
Repealed  by  County  Government  Act,   1897,  p.   518,  §  168. 

ACT  1566. 

Concerning  roads  of.     [Stats,  1871-72,  p.  105.] 
Amended  1873-74,  p.  103.     Modified,  if  not  superseded,  by  County  Government 
Act,  1897,  p.  452,  and  by  §  2,  Stats.  1883,  p.  5,  c.  X. 

ACT  1567. 

Eoads  in.     [Stats.  1875-76,  p.  477.] 
Repealed  1883,  p.  5,  c.  X,  §  2. 

ACT  1568. 

Sheriff,  concerning  office  of.     [Stats.  1871-72,  p.  797.] 
Repealed  by  County   Government   Act,    1897,   p.   518,  §  168. 
This  act  allowed  the  sheriff  compensation  for  his  services  as  jailer. 

ACT  1569. 

Supervisors,  fixing  number  of.     [Stats.  1875-76,  p.  333.] 
Repealed  by   the   County   Government  Act,   1897,   p.  452. 

ACT  1570. 

To   provide   for  the   dispos^al   of  lots  in   the   towns   and   villages   on   the 

public  lands  in  the  county  of  Humboldt.     [Stats.  1855,  p.   168.] 

Amended  Stats.   1856,  p.  75;    1857,  p.  241;    1860,  p.   5. 

This  act  was  passed  to  carry  out  the  provisions  of  the  federal  statutes  for  the 
benefit  of  the  occupants  of  such  towns. 

ACT  1571. 

Fixing  compensation  of  treasurer  and  assessor.     [Stats.  1871-72,  p.  169.] 
Superseded   and  in   effect  repealed  by  County   Government   Act,   1897,  p.  518, 
S  168,  as  amended  1901,  p.  721. 


480  HUNTING  ON  PRIVATE   GROUNDS— IMMIGRATION.     Acts  1572-1538 

ACT  1572. 

To   declare  certain  streams  and  sloughs  in  Humboldt  County  navigable. 
[Stats.  1860,  p.  159.] 
Incoiporated  in  Political  Code,  §  2349. 

TITLE  225. 
HUNTING   ON  PRIVATE  GROUNDS. 
ACT  1577. 

To   prevent  hunting  and  shooting  on  private  inclosed  grounds,  and  the 
destruction  of  growing  timber  on  private  grounds  in  certain  counties 
in  this  state.     [Stats.  1871-72,  p.  304.] 
Amended  Stats.  1873-74,  p.  792. 
Partly   codified   by  §  602,    Penal    Code. 

This  act  applied  to  Alameda,  San  Mateo,  Marin,  San  Bernardino,  San  Diego, 
Colusa,  Sacramento,  Sonoma,  Nevada,  Humboldt,  Los  Angeles,  .Santa  Barbara, 
Contra  Costa,  and  San  Luis  Obispo  counties.  It  was  amended  in  1873-74,  p.  792, 
so  as  to  make  it  apply  to  Alameda,  San  Mateo,  Marin,  San  Bernardino.  San 
Diego,  Colusa,  Sacramento,  Sonoma,  Nevada,  Humboldt,  Los  Angeles,  Santa 
Barbara,  Contra  Costa,  San  Luis  Obispo,  and  Mendocino  counties. 
See  Act  1593,  post. 

TITLE  226. 
HUSBAND    AND    WIFE. 
ACT  1582. 

Defining  the  rights  of  husband  and  wife.     [Stats.  1850,  p.  254.] 
Amended  1853,  p.  165;  1857,  p.  199;  1858,  p.  22;   1861,  p.  310;   1862,  p.  518; 
1863-64,  p.  363.      Superseded  by  provisions  of  Civil  Code. 

Citations.      Cal.  5/256;     7/270;    47/37;    49/190;    50/105;    87/647;    97/192; 
98/468;   106/613,   614;   121/133,   135. 

TITLE  227. 
IMMIGEATION. 
Ax^'T  1587. 

Concerning  passengers  arriving  in  the  ports  of  the  state  of  California. 
[Stats.   1852,  p.  78.] 
Amended  1853,  p.  71;   1860,  pp.  32,  58;   1862,  p.  486;   1863,  p.  150. 
CiUtions.      Cal.  42/581. 

This  act  prescribed  the  duties  of  masters  of  vessels  in  relation  to  passengers 
arriving.     It  was  superseded  by  Political  Code,  §§  2949-2969. 

ACT  1588. 

To    discourage    the    immigration    to    this    state    of    persons    who    cannot 
become  citizens.     [Stats.  1855,  p.  194.] 
This    act    imposed    a    fine    of    fifty    dollars    on    every    imraifrrant    incompetent    to 
become  a  citizen.     It  was  declared  unconstitutional  iu  People  v.  Downer,  7  Cal. 
169. 


Acts  1593-1606  GENERAL  LAWS.  490 

TITLE   228. 
INCLOSURES. 
ACT  1593. 

Preventing   persons   passing   through   inelosures   and  leaving   them   open 
by  tearing  down  fences  or  otherwise,  and  to  prevent  hunting  upon 
inclosed  lands.     [Stats.  1875-76,  p.  408.] 
Amended   1877-78,  pp.  47,   776. 

Many  of  the  sections  of  this  act  were  codified  by  amendments  to  the  Penal 
Code,  1905:    See  §§  384b,  384c,  602,  Penal  Code. 

This  act  also  punished  the  offenses  of  wounding  the  animals  of  another  and 
of  leaving  fires.  It  provided  that  certain  of  its  provisions  should  not  apply  to 
the  counties  of  Los  Angeles,  San  Diego,  Sutter,  San  Benito,  Del  Norte,  El 
Dorado,  Colusa,  Yuba,  Humboldt,  Amador,  Tuolumne,  San  Luis  Obispo,  Plumas, 
Lassen,  Siskiyou,  Modoc,  Shasta,  Trinity,  Sierra,  and  Placer.  It  was  amended 
1877-78,  pp.  49,  776,  so  as  to  exempt  from  certain  of  its  provisions  the  coun- 
ties of  Los  Angeles,  San  Diego,  Sutter,  Del  Norte,  El  Dorado,  Colusa,  Yuba,  Hum- 
boldt, Amador,  Tuolumne,  San  Luis  Obispo,  Plumas,  Lassen,  Siskiyou,  Modoc, 
Shasta,  Trinity,  Sierra,  Placer,  San  Benito,  and  Santa  Cruz. 
See  Act  1577,  ante. 

TITLE  229. 
INDEX. 
ACT  1598. 

Authorizing  the  superintendent  of  state  printing  to  have  prepared  and 
printed  an  index  to  all  the  laws  of  California,  1850-93.  [Stats. 
1893,  p.  150.] 

TITLE  230. 
INDIANS. 
ACT  1603. 

For  the  government  and  protection  of  Indians.  [Stats.  1850,  p.  408.] 
Amended  1855,  p.  179;   1860,  p.   196;   1863,  pp.  743,  755. 

Some  provisions  of  this  act  were  repealed  by  later  inconsistent  statutes: 
People  V.  Antonio,  27  Cal.  404.  Other  provisions  were  undoubtedly  repealed  by 
the  codes.  It  is  probably  not  in  force  in  any  particular.  In  the  absence  of 
direct  legislation,  it  is  deemed  advisable  to  call  attention  to  it. 

ACT  1604. 

To    prevent   the    sale   of   firearms    and    ammunition    to   Indians.     [Stats. 
1854,  p.  24.] 
Superseded  by  Penal  Code,  §  398. 

ACT  1605. 

Granting  to  United  States  all  lands  within  Indian  reservations.     [Stats. 
1862,  p.  552.] 

ACT  1606. 

To  aid  officers  in  the  Indian  department,  appointed  by  the  general  gov- 
ernment for  the  state  of  California,  in  the  discharge  of  their  duties. 
[Stats.  1856,  p.  223.] 
Amended  1857,  p.  186. 


491  INFANTS.  Acts  1607-1611 

"The  above-named  statute  is  mentioned  by  the  code  commissioners  at  §  1346 
without  anything  to  indicate  that  they  suppose  it  to  be  repealed  by  any  of  the 
codes.  If,  however,  as  is  indicated  by  the  note  to  §  6  of  the  Penal  Code,  that 
section  was  intended  to  enumerate  every  act  or  omission  made  punishable,  then 
this  statute  must  have  been  substantially,  if  not  absolutely,  repealed  by  that 
code."- — Code  Commissioners'   Note,   1903. 

ACT  1607. 

To  provide  for  the  auditing  and  examination  of  claimg  against  the  state 
of  soldiers  who  served  in  the  Indian  wars  in  California.  [Stats. 
1897,  p.  250.] 

TITLE  231. 
INFANTS. 
ACT  1610. 

An  act  to  prevent  any  minor  under  the  age  of  eighteen  years  visiting 
any  prize-fight,  cock-fight,  or  .place  where  any  prize-fight  or  cock- 
fight is  advertised  or  represented  to  take  place  and  to  provide  a 
punishment   therefor. 

[Approved  April  17,  1909.     Stats.  1909,  p.  983.] 

§  1.  It  shall  be  unlawful  for  any  minor  under  the  age  of  sixteen 
years  to  visit  or  attend  any  prize-fight,  cock-fight,  or  place  where  any 
prize-fight,  cock-fight,  or  place  where  any  prize-fight  or  cock-fight  is 
advertised  to  take  place. 

§  2.  It  shall  be  unlawful  for  the  owner,  lessee  or  proprietor,  or  the 
agent  of  any  owner,  lessee  or  proprietor  of  any  place  where  any  prize- 
fight or  cock-fight  is  advertised  or  represented  to  take  place  to  admit 
any  minor  under  the  age  of  eighteen  years  to  such  a  place  where  any 
prize-fight  or  cock-fight  is  advertised  or  represented  to  take  place;  or  to 
admit,  or  to  sell  or  give  away  to  any  such  minor  a  ticket  or  other  paper 
by  which  said  minor  might  be  admitted  to  such  place  where  such  prize- 
fight or  cock-fight  is  advertised  to  take  place. 

Misdemeanor. 

§  3.  Every  person  violating  any  of  the  provisions  of  the  preceding 
sections  is  guilty  of  a  misdemeanor,  and  shall  be  punished  by  a  fine  of  not 
exceeding  fifty  dollars,  or  be  imprisoned  in  county  jail  not  more  than 
twenty-five  days, 

ACT  1611. 

An  act  regulating  the  employment  and  hours  of  labor  of  children — pro- 
hibiting the   employment  of  minors  under  certain   ages — prohibiting 
the   employment   of  certain  illiterate   minors — providing  for  the   en- 
forcement   hereof    by    the    commissioner    of    the    bureau    of    labor 
statistics  and  providing  penalties  for  the  violation  hereof. 
[Approved  February  20,  1905.     Stats.  1905,  p.  11.] 
Amended  1907,  pp.   598,   578;    1909,   pp.   211,   387. 
Construed  In  re  Spencer,   149  Cal.  396. 
Citations.     Cal.  149/399,  403,  404. 


Act  1611,  §§  1,  2  GENERAL  LAWS.  492 

§  1.  No  minor  under  tlie  age  of  eighteen  shall  he  employefl  in  labor- 
ing in  any  manufacturing,  mechanical  or  mercantile  establishment,  or 
other  place  of  labor,  more  than  nine  hours  in  one  day,  except  when  it  is 
necessary  to  make  repairs  to  prevent  the  interruption  of  the  ordinary 
running  of  the  machinery,  or  when  a  different  apportionment  of  the 
hours  of  labor  is  made  for  the  sole  purpose  of  making  a  shorter  day's 
work  for  one  day  of  the  week;  and  in  no  case  shall  the  hours  of  labor 
exceed  fifty-four  hours  in  a  week. 

§  2.  No  minor  under  the  age  of  sixteen  years  shall  be  employed  or 
permitted  to  work  in  any  mercantile  institution,  office,  laundry,  manu- 
facturing establishment,  workshop,  place  of  amusement,  restaurant, 
hotel,  apartment  house,  or  in  the  distribution  or  transmission  of  mer- 
chandise or  messages  between  the  hours  of  10  o'clock  in  the  evening 
and  6  o'clock  in  the  morning. 

No  child  under  fourteen  years  of  age  shall  be  employed  in  any  mer- 
cantile institution,  office,  laundry,  manufacturing  establishment,  work- 
shop, place  of  amusement,  restaurant,  hotel,  apartment  house,  or  in  the 
distribution  or  transmission  of  merchandise  or  messages. 

Provided,  that  the  judge  of  the  juvenile  court  of  the  county,  or  city 
and  county,  or  in  any  county  or  city  and  county  in  which  there  is  no 
juvenile  court,  then  any  judge  of  the  superior  court  of  the  county  or 
city  and  county  in  which  such  child  resides  shall  have  authority'  to  issue 
a  permit  to  work  to  any  such  child  over  the  age  of  twelve  years,  upon 
a  sworn  statement  being  made  to  him  by  the  parent  of  such  child  that 
such  child  is  past  the  age  of  twelve  years,  that  the  parents  or  parent  of 
such  child  are  incapacitated  for  labor  through  illness,  and  after  investiga- 
tion by  a  probation  officer  or  truant  officer  of  the  city,  or  city  and 
county,  in  which  such  child  resides,  or  in  cities  and  counties  where  there 
are  no  probation  or  truant  officers,  then  by  such  other  competent  person 
as  the  judge  may  designate  for  this  purpose.  The  permit  so  issued  shall 
specify  the  kind  of  labor  and  the  time  for  which  it  is  issued,  and  shall 
in  no  case  be  issued  for  a  longer  period  than  shall  seem  necessary  to 
the  judge  issuing  such  permit.  Such  permit  shall  be  kept  on  file  by 
the  person,  firm,  or  corporation  employing  the  child  therein  designated, 
during  the  term  of  said  employment,  and  shall  be  given  up  to  such 
child  upon  his  quitting  such  employment.  Such  certificate  shall  be 
always  open  to  the  inspection  of  the  truant  and  probation  officers  of 
the  city  and  county,  city  or  county,  in  which  the  place  of  employment 
is  situated,  or  of  the  officers  of  the  state  bureau  of  labor  statistics. 

And  provided,  that  the  attendance  officer  of  any  county,  city  and 
county,  or  school  district  in  which  any  place  of  employment,  in  this 
section  named,  is  situated,  shall  have  the  right  and  authority,  at  all 
times  to  enter  into  any  such  place  of  employment  for  the  purpose  of 
investigating  violations  of  the  provisions  of  this  act,  or  violations  of 
the  provisions  of  an  act  entitled  "An  act  to  enforce  the  educational 
rights  of  children  and  providing  penalties  for  violations  of  the  act," 
approved  March  24,  1903,  and  amended  March  20,  1905;  provided,  how- 
ever, that  if  such  attendance  officer  is   denied  entrance   to   such  place 


4S3  INFANTS.  ^  Act  1611,  §  3 

of  employment,  any  magistrate  may,  upon  the  filing  of  an  aflidavit  by 
such  attendance  officer  setting  forth  the  fact  that  he  has  good  cause  to 
believe  that  the  provisions  of  this  act,  or  the  act  hereinbefore  referred 
to,  are  being  violated  in  such  place  of  employment,  issue  an  order 
directing  such  attendance  officer  to  enter  said  place  of  employment  for 
the  purpose  of  making  such   investigations. 

And  provided,  that  any  such  child  over  the  age  of  twelve  years  may 
be  employed  at  any  of  the  occupations  mentioned  in  this  act  during  the 
regular  vacation  of  the  public  schools  of  the  city,  county  or  city  and 
county,  in  which  the  place  of  employment  is  situated,  upon  the  produc- 
tion of  a  permit  signed  by  the  principal  of  the  school  which  such  child 
has  attended  during  the  term  next  preceding  any  such  vacation.  Such 
permit  shall  contain  the  name  and  age  of  the  child  to  whom  it  is  issued, 
and  the  date  of  the  termination  of  the  vacation  for  which  it  is  issued, 
and  shall  be  kept  on  file  by  the  employer  during  the  period  of  employ- 
ment, and  at  the  termination  of  such  employment  shall  be  returned  to 
the   child  to  whom  it  was  issued. 

No  minor  who  is  under  sixteen  years  of  age  shall  be  employed  or  per- 
mitted to  work  at  any  gainful  occupation  during  the  hours  that  the 
public  schools  of  the  city,  town  or  school  district  in  which  his  place  of 
employment  is  situated  are  in  session,  unless  he  or  she  can  read  English 
at  sight  and  can  write  legibly  and  correctly  simple  English  sentences, 
or  unless  he  or  she  is  a  regular  attendant  for  the  then  current  term  at 
a  regularly  conducted  night  school.  A  certificate  of  the  principal  of 
such  school  shall  be  held  to  be  sufficient  evidence  of  such  attendance. 
[Amendment  approved  March  15,  1909.     Stats.  1909,  p.  387.] 

§  3.  Every  person,  firm,  or  corporation  employing  minors  under 
eighteen  years  of  age,  in  any  manufacturing  establishment,  shall  post, 
and  keep  posted,  in  a  conspicuous  place  in  every  room  where  such  help 
is  employed,  a  written  or  printed  notice  stating  the  number  of  hours 
per  day  for  each  day  of  the  week  required  of  such  persons. 

Every  person,  firm,  or  corporation,  agent  or  officer  of  a  firm  or  cor- 
poration employing  or  permitting  minors  under  sixteen  years  and  over 
fourteen  years  of  age  to  work  in  any  mercantile  institution,  office, 
laundry,  manufacturing  establishment,  workshop,  place  of  amusement, 
restaurant,  hotel,  apartment  house,  or  in  the  distribution  or  transmission 
of  merchandise  or  messages,  shall  keep  a  record  of  the  names,  ages,  and 
places  of  residence  of  such  minors,  and  shall  have  on  file  a  certificate 
of  age  and  schooling,  as  provided  in  this  act,  for  every  such  minor  so 
employed,  said  record  and  certificate  to  be  open  at  all  times  to  the 
inspection  of  those  whose  duty  it  is  to  enforce  the  provisions  of  this  act. 

An  age  and  schooling  certificate  shall  be  approved  only  by  the  super- 
intendent of  schools  of  the  city  or  city  and  county,  or  by  a  person 
authorized  by  him,  in  writing,  or  where  there  is  no  city  or  city  and 
county  superintendent  of  schools,  by  a  person  authorized  by  the  local 
school  trustees;  provided,  that  the  superintendent  or  principal  of  any 
school  of  recognized  standing  shall  have  the  right  to  approve  an  age 
and  schooling  certificate,  and  shall  have  the  same  rights  and  powers  as 
the  superintendent  of  public  schools  to  issue  the  certificate  herein  pro- 


Act  1611,  §  3  ,  GENERAL    LAWS.  494 

vided,  for  children  attending  such  schools.  The  persons  authorized  to 
issue  age  and  schooling  certiflcates  shall  have  the  authorit}^  to  administer 
the  oaths  necessary  for  carrying  out  the  provisions  of  this  act,  but  no 
fees  shall  be  charged  for  issuing  such  certificates. 

An  age  and  schooling  certificate  shall  not  be  approved  unless  satis- 
factory evidence  is  furnished  by  the  last  school  census,  the  certificate 
of  birth  or  baptism  of  such  child,  the  public  register  of  birth  of  such 
child,  or  in  some  other  manner,  that  such  child  is  of  the  age  stated  in 
the  certificate. 

A  duplicate  copy  of  each  age  and  schooling  certificate  granted  under 
the  provisions  of  this  act  shall  be  kept  by  the  person  issuing  such 
certificate,  such  copy  to  be  filed  with  the  county  superintendent  of 
schools  in  the  county  where  the  certificate  was  issued;  provided,  that  all 
such  copies  of  certificates  issued  between  June  25th  and  December  25th 
of  any  year  shall  be  filed  not  later  than  December  31st  of  such  year, 
and  those  issued  between  December  25th  and  June  25th  of  the  ensuing 
year  shall  be  filed  not  later  than  June  30th  of  each  year.  Such  cer- 
tificate shall  be  substantially  in  the  following  form,  to  wit: 

Age  and  Schooling  Certificate. — This  certifies  that  I  am  the  (father, 
mother,  or  guardian)  of  (name  of  child),  and  that  (he  or  she)  was  born 
at  (name  of  town  or  city),  in  the  county  of  (name  of  county)  (if 
known)  and  state  (or  country)  of  (name),  on  the  (day  and  year  of 
birth),  and  is  now  (number  of  years  and  of  months)  old. 

Signature  as  provided  in  this  act. 

Town   or   city,   and   date. 

There  personally  appeared  before  me  the  above-named  (name  of  person 
signing)  and  made  oath  that  the  foregoing  certificate  by  (hirn  or  her) 
signed  is  true  to  the  best  of  (his  or  her)  knowledge  and  beliei". 

I  hereby  approve  the  foregoing  certificate  of  (name  of  child)  height 
(feet  and  inches),  complexion  (fair  or  dark),  hair  (color),  having  no 
sufficient  reason  to  doubt  that  (he  or  she)  is  of  the  age  therein  certi- 
fied, and  I  hereby  certify  that  (he  or  she)  can  or  cannot  read  English 
at  sight,  and  can  or  cannot  write  legibly  simple  sentences  in  the  English 
language. 

Signature  of  the  person  authorized  to  sign,  with  his  official  character 
and  authority. 

Town  or  city  and  date. 

This  certificate  belongs  to  the  person  in  whose  behalf  it  is  drawn,  and 
it  shall  be  surrendered  to  (him  or  her)  whenever  (he  or  she)  leaves  the 
service  of  the  person,  firm,  or  corporation  holding  the  same. 

The  certificate  as  to  the  birthplace  and  age  of  the  minor  under  sixteen 
and  over  fourteen  years  of  age  shall  be  signed  by  his  father,  his 
mother,  or  his  guardian;  if  a  child  has  no  father,  mother,  or  guardian 
living  in  the  same  city  or  town,  his  own  signature  to  the  certificate  may 
be   accepted   by   the  person   authorized  to   approve   the   same. 

Every  person  authorized  to  sign  the  certificate  prescribed  by  this  act, 
who  knowingly  certifies  to  any  false  statement  therein,  is  guilty  of  a 
misdemeanor  and  upon  conviction  thereof  shall  be  fined  not  less  than  five 
nor  more  than  fifty  dollars,  or  imprisonment  not  more  than  thirty  days, 
or  by  both  such  fine  and  imprisonment. 


495  INFANTS.  Act  IGU,  §§  4-7 

The  county  siiperintentlent  of  schools  of  each  county  shall  file  with 
the  commissioner  of  the  bureau  of  labor  statistics  a  report  showing  the 
number  of  age  and  schooling  certificates  issued  to  male  and  female 
minors,  fourteen  years  and  fifteen  years  of  age,  and  such  other  detailed 
information  as  the  commissioner  may  require.  Baid  report  to  be  filed 
during  the  months  of  January  and  July  of  each  year  for  the  preceding 
six  months  ending  June  25th  and  December  25th  of  each  year,  and  cover 
certificates  issued  during  said  periods  and  on  file  in  the  oflice  of  county 
superintendents  of  schools,  as  described  in  paragraph  five  of  this  section. 
[Amendment  approved  March  15,  1909.     Stats.  1909,  p.  389.] 

§  4.  Any  person,  firm,  corporation,  agent,  or  officer  of  a  firm  or  cor- 
poration that  violates  or  omits  to  comply  with  any  of  the  foregoing 
provisions  of  this  act,  or  that  employs,  or  suffers,  .or  permits  any  minor 
to  be  employed  in  violation  thereof,  is  guilty  of  a  misdemeanor  and  shall, 
on  conviction  thereof,  be  punished  by  a  fine  of  not  less  than  fifty  dollars 
or  more  than  two  hundred  dollars,'  or  by  imprisonment  for  not  more, 
than  sixty  days,  or  by  both  such  fine  and  imprisonment,  for  each  and 
every  offense.  A  failure  to  produce  any  age  and  schooling  certificate 
or  permit,  or  to  post  any  notice  required  by  this  act,  shall  be  prima 
facie  evidence  of  the  illegal  employment  of  any  person  whose  age  and 
schooling  certificate  or  permit  is  not  produced,  or  whose  name  is  not  so 
posted.  Any  fine  collected  under  the  provisions  of  this  act  shall  be  paid 
into  the  school  funds  of  the  county,  or  city  and  county,  in  which  the 
offense  occurred. 

Except  such  fines  imposed  and  collected  as  the  result  of  prosecutions 
by  the  officers  of  the  bureau  of  labor  statistics.  In  such  cases  one-half 
of  resultant  fine  or  fines  shall  be  paid  into  the  state  treasury  and  cred- 
ited to  the  contingent  fund  of  the  bureau  of  labor  statistics,  and  one- 
half  paid  into  the  school  funds  of  the  county,  or  city  and  county  in  which 
the  oft'ense  occurred.  [Amendment  approved  March  15,  1909.  Stats. 
1909,  p.  391.] 

§  5.  Nothing  in  this  act  shall  be  construed  to  prohibit  the  employ- 
ment of  minors  at  agricultural,  horticultural,  viticultural,  or  domestic 
labor,  during  the  time  the  public  schools  are  not  in  session,  or  during 
other  than  school  hours.  For  the  purpose  of  this  act,  horticulture  shall 
be  understood  to  include  the  curing  and  drying,  but  not  the  canning, 
of  all  varieties  of  fruit.  [Amendment  approved  March  19,  1907.  Stats. 
1907,  p.  598.] 

§  6.  It  shall  be  the  duty  of  the  commissioner  of  the  bureau  of  labor 
statistics  to  enforce  the  provisions  of  this  act.  The  commissioner,  his 
deputies  and  agents  shall  have  all  powers  and  authority  of  sheriffs  to 
make  arrests  for  violations  of  the  provisions  of  this  act.  [Amendment 
approved  March  15,  1909.     Stats.  1909,  p.  391.] 

§7.     This  act  shall  take  effect  sixty  days  after  its  passage. 


Act3l611a-1G16  GENERAL  LAWS.  496 

ACT   1611a. 

An  act  to  aid  the  enforcement  of  an  act  entitled,  "An  act  to  enforce 
the  educational  rights  of  children  and  providing  penalties  for  viola- 
tion of  the  act,"  approved  March  24,  1903. 

[Approved  March  8,  1909.     Stats.  1909,  p.  209.] 

§  1.  All  minors  coming  within  the  provisions  of  an  act  entitled,  "An 
act  regulating  the  employmeut  and  hours  of  labor  of  children,  pro- 
hibiting the  employment  of  minors  under  certain  ages,  prohibiting  the 
employment  of  certain  illiterate  minors,  providing  for  the  enforcement 
hereof  by  the  commissioner  of  the  bureau  of  labor  statistics  and  pro- 
viding penalties  for  the  violation  hereof,"  (approved  February  20,  1905) 
and  found  employed  and  at  work  without  the  necessary  legal  authoriza- 
tion as  provided  for  and  required  in  said  act,  and  whose  ages  are  between 
the  maximum  and  minimum  age  limits  as  described  in  an  act  entitled, 
"An  act  to  enforce  the  educational  rights  of  children  and  providing 
penalties  for  violation  of  the  act,"  shall  be  placed  or  delivered  into  the 
custody  of  the  school  district  authorities  of  the  county,  city,  or  city 
and  county  in  which  they  are  found  illegally  at  work. 

§  2.  The  commissioner  of  the  bureau  of  labor  statistics  is  hereby 
authorized,  directed  and  empowered  to  enforce  the  provisions  of  this  act. 

§  3.     This  act  shall  take  effect  immediately. 
ACT  1612. 

To  prevent  sale  of  intoxicating  drinks  to.     [Stats.  1871-72,  p.  231.] 
Superseded  1891,  p.  91.     See  Act  1613. 

ACT  1613. 

To  prevent  the  sale  of  intoxicating  liquors  to.  [Stats.  1S91,  p.  91.] 
Superseded  by  act  of  1903,  p.  319.      See  Act  1614. 

ACT  1614. 

To  prevent  the  selling,  giving  or  delivering  intoxicating  liquors  to  minor 
children,   and   to   prevent   minor   children   visiting   saloons   or   public 
houses  where   intoxicating   liquors   are   sold.     [Approved   March   20, 
1903.     Stats.   1903,  p.  319.] 
Codified  by  §  397b  of  Penal  Code. 

ACT  1615. 

To   protect   female   children   under   the   age   of   seventeen.     [Stats.    18G0, 
p.  86.] 
This  act  prohibited  the  exhibition  of  female  children  under  seventeen  in  any 
public  place.      Superseded  by  Penal  Code. 

ACT  1616. 

For  the  protection  of  children,  and  to  prevent  and  punish  certain  wrongs 
to   children.     [Stats.   1877-78,   p.   812.] 
Codified  by  §  607  of  the  Civil  Code  and  §§  272,  273a-273d  of  the  Penal  Code, 
1905.      See  "History"  of  sections  referred  to. 


This  act  prevented  minors  under  sixteen  from  entering   saloons  and  prevented 
anyone  from  using  children  for  purposes  of  beggary. 

ACT  1617. 

Eelating  to  children.     [Stats.  1877-78,  p.  813.] 
Codified  by  amendments  to  both   the   Civil   and  Penal   Codes,    1905:   See  §607 
et  seq,   Civil  Code,  and  §  272  et  seq..  Penal   Code. 

This  act  prevented  the  selling  or  apprenticing  of  children  for  immoral  purposes. 

ACT  1618. 

For  the  incorporation  of  societies  for  the  prevention  of  crueltv  to  chil- 
dren.    [Approved  April  3,  187G.     Stats.  1875-76,  p.  830.] 
Codified  by  §  607  et  seq.,  Civil  Code,  and  §  272  et  seq.,  Penal  Code. 

ACT  1619. 

To  regulate  the  hours  of  labor  and  employment  of  minors.     [Stats.  1889, 
p.  4.] 
See  Acts  1611,  1620. 

ACT  1620, 

To   regulate   the   employment,  hours   of  labor,   etc.,  of  children.     [Stats. 
1901,  p.  631.] 

Superseded  by  act  of  1905,  p.  11:   See  ante,  Act  1611. 

fcfee  Acts  1611,  1619. 

ACT   1621. 

Relating   to    the   care    and   custody   of   minor   children   in    certain    cases. 
[Stats.  1869-70,  p.  328.] 
Superseded  by  Civil  Code,  §§  198,   199. 

ACT  1622. 

Orphan   and  abandoned  children,  care  of.     [Stats.   1873-74,  p.   297.] 

Amended  1877-78,  p.  82. 

Codified    by  §  246,    Civil    Code,    adopted    1905,    and  §  271a,    Penal    Code:   See 
respective  sections  of  the  codes  referred  to. 

This  act  provided  for  the  publication  of  notices  of  childi'en  admitted,   and  in- 
flicted a  penalty  for  abandonment  of  children. 

TITLE  232. 
INSANE. 
ACT  1626. 

An  act  authorizing  and  directing  the  board  of  managers  of  the  Agnews 
State  Hospital  to  continue  the  work  of  replacing  and  reconstruct- 
ing and  re-equipping  for  the  accommodation  and  treating  of  patients, 
buildings  destroyed  April  18,  1906,  to  appropriate  the  sum  of  two 
hundred  fifteen  thousand  dollars  therefor,  to  direct  the  manner  of 
expenditure  thereof,  to  remove  restriction  upon  the  per  capita  cost, 
and  authorizing  and  directing  the  state  controller  to  draw  his  war- 
rant for  the  said  sum,  and  the  state  treasurer  to  pay  the  same 
[Approved  March  25,  1909.  Stats.  1909,  p.  791.] 
Gen.  Laws — As 


Acts  1627-1636  GENERAL  LAWS.  498 

ACT  1627. 

To  provide  an  aclditional  asylum  for  chronic  insane.     [Stats.  1885,  p.  35.] 
Amended    1889,    p.    130.      Superseded    by    the    Lunacy    Commisbion    Act,    1897, 
p.  311. 

This  act  created  the  asylum  at  Agnews. 

ACT  1628. 

To  provide  for  the  erection  of  water  towers  and  tanks  on  the  grounds  of 
the   Agnews  state  hospital.     [Stats.   1901,  p.   806.1 

ACT  1629. 

To    establish   a   branch    insane   asylum    for   the    insane    of   the    state    of 
California   at   Ukiah,   to   be  known   as   the  Mendocino   State  Insane 
Asylum,   and   appropriating   money   therefor.      [Stats.   1889,   p.   25.] 
Superseded  by  the  Lunacy  Commission  Act,  1897,  p.  311. 

ACT  1630. 

To  change  the  name  of  the  Mendocino  State  Asylum  for  the  Insane  to 

Mendocino  Asylum.     [Stats.  1893,  p.  75.] 
ACT  1631. 

To  provide  for  the  future  management   of  Napa  State   Asylum  for  the 
Insane.     [Stats.    1875-76,    p.    133.] 
Amended  1883,  p.  281;   1887,  p.  177;   1889,  p.  351.      Repealed  by  the  Lunacy 
Commission  Act,   1897,  p.   311. 

Citations.      Cal.    87/198;   98/80;   116/441;   149/737;   153/699,  702. 
See  In  re  Clary,  149  Cal.  732. 

ACT  1632. 

Napa    State    Asylum    for    the    Insane,    prohibiting    sale    of    intoxicating 
liquors  v/ithin  certain  distance  of.     [Stats.   1873-74,  p.  27.] 
Superseded  by  Penal  Code,  §  172. 

ACT  1633. 

Napa  State  Asylum,  supply  of  water  for.     [Stats.  1875-76,  p.  883.] 

ACT  1634. 

To  provide  for  the  erection  and  management  of  a  state  hospital  for  the 
insane  to  be  located  in  southern  California.     [Stats.  1889,  p.  120.] 
Amended    1891,   p.    481;    1895,    p.   207.     Superseded   by   the   Lunacy   Commis- 
sion Act,  1897,  p.  311. 

ACT  1635. 

Appropriation  for  supplying  water,  light,  and  fuel  for  the  state  insane 
asylum  at  Stockton.     [Stats.   1889,  p.  106.] 
Repealed  1889,  p.  225. 

ACT  1636. 

To   authorize   the  board   of   managers   of   the   Southern   California   State 
Hospital  to  sell  a  strip  of  land.     [Stats,  1901,  p.  563.] 


499  INSANE.  Acts  1637-1642 

ACT  1C37. 

Authorizing  the  trustees  of  the  Southern  Cnlifornia  State  Asylum  to  con- 
vey   certain    water    rights.     [Stats.    1895,    p.    232.] 

ACT  1637a. 

An  act  to  authorize  and  empower  the  board  of  managers  of  the  Southern 
California  State  Hospital  for  the  Insane,  near  the  city  of  San 
Bernardino,  San  Bernardino  County,  to  sell  and  convey  a  strip  or 
parcel  of  land  situate  in  San  Bernardino  County,  in  the  state  of 
California,  and  belonging  to  said  state,  to  the  San' Bernardino  Valley 
Traction  Company  for  the  purposes  of  a  right  of  way  for  an  electric 
railroad  thereon.     [Approved  March  23,  1907.     Stats.   1907,  p.  911.] 

ACT  1637b. 

An  act  to  ratify  a  deed  of  conveyance  made  by  the  Southern  California 
State  Hospital  to  the  Bear  Valley  Mutual  Water  Company.  [Ap- 
proved March  21,  1907.     Stats.  1907,  p.  848.] 

ACT  1638. 

Insane,  providing  further  accommodation  for.  [Stats.  1871-72,  p.  673.] 
Superseded  as  to  government  of  the  institution  by  1897,  p.  311. 

ACT  1639. 

To   prevent  the  overcrowding  of   asylums  for   the   insane.     [Stats.   1885, 
p.  35.] 
Superseded  by  the  Lunacy  Commission  Act,  1897,  p.  311. 

ACT  1640. 

In   relation   to   the   superintendent   of   the   state   insane    asvlum.     [Stats. 
187]-72,  p.  845.] 
Repealed   1877-78,  p.   767. 

This  act  required  the  superintendent  to  attend  the  annual  meetings  of  the 
Superintendents  of  American  Institutions  for  the  Insane:  See  the  act  of  1877- 
73,  p.  767. 

ACT  1641. 

To   provide   for   the   future   management   of   the   state    asylums    for   the 
insane.     [Stats.   1885,  p.  32.] 
"Modified,  if  not  repealed,  by  1889,  p.  329,  c.  CCXX,  and  both  modified,  if  not 
repealed,  by   the  Lunacy   Commission  Act,  .1897,  p.   311." — Code   Commissioners' 
Note. 

ACT  1642. 

To  provide  for  the  maintenance,  support,  and  discharge  in  certain  cases 

of  insane  persons  confined  in  the  state  asylum  for  the  insane,  and 

for   the    control    and    management    of    a    resulting    contingent   fund. 

[Stats.  1889,  p.  329.] 

Probably  superseded  by  the  Lunacy  Act,  1897,  p.  311. 


Acts  1G43-1654  GENERAL  LAWS.  POO 

This  act  provided  for  an  inquiry  into  the  ability  of  inmates  to  support  them- 
selves, and  for  the  payment  for  their  support  by  inmates  found  capable. 

ACT  1643. 

To  establish  a  state  lunacy  commission,  to  provide  a  uniform  govern- 
ment and  management  of  the  state  hospitals  for  the  insane,  and 
provide  for  the  care,  custody,  and  apprehension  of  persons  believed 
to  be  insane,  and  the  commitment  of  insane  persons,  and  providing 
for  the  transfer  of  unexpended  appropriations  of  moneys  and  prop- 
erties.    [Stats.  1897,  p.  311.] 

Amended  1899,  p.  160.  Section  19  repealed  1900,  p.  22.  "Unconstitutional 
as  to  method  of  commitment.  (Matter  of  Lambert,  134  Cal.  626.)  Probably 
superseded  by  §§  2136-2199,  Political  Code,  as  adopted  in  1903,  and  amended  m 
1905.  See,  also,  In  the  Matter  of  Clary,  149  Cal.  732." — Code  Commissioners' 
Note. 

Citations.  Cal.  126/615,  616,  617,  619;  127/571;  129/332;  134/  317,  3\fi, 
319,  627,  629,  630,  632;  136/581,  583;  138/380,  381,  384,  491;  149/736,  737, 
738;    153/496,    699,   702. 

ACT  1644. 

An  act  to  provide  for  restoration  to  capacity  of  persons  adjudged  to  be 

insane,  who   have  no   guardians   and  who   are   not   confined  at  state 

hospitals  for  the  insane.     [Approved  March  23,  1901.     Stats.  3901, 

p.  639.] 

Repealed  1909,  p.  261. 

Citations.     Cal.  153/496. 

ACT  1647. 

An  act  to  authorize  and  empower  the  board  of  managers  of  the  Agnews 
State  Hospital  to  sell  and  convey  a  portion  of  real  property  situate 
in  Santa  Clara  County,  in  the  state  of  California,  and  belonging  to 
said  state,  to  the  Western  Distilleries.  [Approved  April  20,  1909. 
Stats.  1909,  p.  1010.] 

TITLE  233. 
INSECTS. 
See   "Horticulture." 

ACT  1649. 

To   prevent   the   spreading  of  fruit   and   fruit-tree   pests.     [Stats.    1885, 
p.   40.] 
Superseded  1899,  p.  91,  c.  LXXVI. 

TITLE  234. 

INSOLVENCY. 
ACT  1654. 
For  the  relief  of  insolvent  debtors,  for  the  protection  of  creditors,  and 

for  the  punishment  of  fraudulent  debtors.     [Stats.  1895,  p.  131.] 

Amended  1897,  p.  35.      Superseded  by  the  federal  law  on  the  subject. 

Citations.     Cal.  138/742. 

See  Act  283,  ante,  for  further  citationt. 


501  INSURANCE.  Acts  1659-1GG6 

TITLE  235. 
INSUKANCE. 
ACT  1659. 

To  provide  for  the  formation   of  mutual  insurance   companies.     [Stats. 
1851,  p.  523.] 
Repealed.      See  §  288,  Civil  Code. 

ACT  1660. 

Supplementary   to   the   act   concerning   corporations.     [Stats.   18C5-66,  p. 
23.] 
This  act  enabled  insurance  companies  to  increase  their  capital  stock. 
"Repealed,  except  as  to  corporations  existing  prior  to  the  adoption  of  the  codes 
by  §  288,   Civil  Code." — Code  Commissioners'  Note. 

ACT  1661. 

Prescribing  conditions  for  transacting  insurance  business.     [Stats.  1867- 
68,  p.  323.] 
Supplemented  1869-70,  321.     Repealed,  except  as  to  pre-existing  corporations 
by  §  288,  Civil  Code." — Code  Commissioner's  Note. 

ACT  1662. 

To  provide  for  the  official  valuation  of  life   insurance   policies.     [Stats. 

1869-70,  p.  859.] 

Amended  1871-72,  p.  97.     Repealed  1877-78,  p.   83    (Code  amendments). 

ACT  1663. 

Life  insurance,   forfeiture   of  policies  of,   act  regulating.     [Stats.   1871- 
72,  p.  59.] 
Repealed  by  amendment  to  codes,  1877-78,  p.  83. 

ACT  1664. 

Eelating  to  life,  health,  accident,  and  annuity  or  endowment  insurance 
on  the  assessment  plan,  and  the  conduct  of  business  of  such  insur- 
ance.    [Stats.  1891,  p.  126.] 

Codified  by  §§  453d-453p  of  Civil  Code  of  1905:   See  note  to  §  453d,  Civil  Code. 
Citations.      Cal.  106/101,    103;    121/321,   324;    123/110;    129/633,    634;    138/ 
679,   680,   681;   153/185,   186,   187,   188. 

ACT  1665. 

Providing    for    incorporation    of    mutual    insurance    companies.      [Stats. 
1865-66,  p.  752.] 
Amended   1867-68,   pp.   330,    601;    1880,  p.   229,   but   repealed  by  §  288,   Civil 
Code. 

Citations.      Cal.  64/384;    67/107;   133/43,   47,   43,   50;    150/416. 

ACT  1666. 

Relating    to    fire    and    marine    insurance    companies.     [Stats.    1865-66, 
p.  7-13.] 
Amended  1867-68,  p.  330.     Repealed  by   §  282,  Civil  Code. 


Acts  1667-1670  GENERAL  LAWS.  602 

ACT  1667. 

To  provide   for  the  organization  and   manageraont  of  county  fire   insur- 
ance companies.      [Stats.   1897,   p.   439.] 

Amended   1907,   p.   941;    1909,   p.   912. 

This  act  appears  in  full  in  Appendix,  Civil  Code,  p.  1911. 

ACT  1668. 

To  require  the  payment  of  certain  premiums  to  counties  and  cities  and 
counties,  by  fire  insurance  companies  not  organized  under  the  laws 
of  the  state  of  California,  but  doing  business  therein,  and  providing 
for  the  disposition  of  such  income.     [Stats.  1885,  p.  13.] 
Amended   1887,  p.   15. 

Unconstitutional:  San  Francisco  v.  Insurance  Co.,  74  Cal.  113.  This  act  pro- 
vided for  the  payment  of  a  certain  percentage  of  the  income  of  fire  insurance 
companies  into  a  firemen's  relief  fund. 

ACT  1669. 

Eelative  to  the  noninsuranee  of  property  belonc^ing  to  the  state  against 
risk  of  damage  or  destruction  by  fire.     [Stats.  1891,  p.  70.] 

ACT  1670. 

An  act  to  establish  a  standard  form  of  fire  insurance  policy  and  to 
prevent  variations  therefrom,  excepting  under  certain  stated  con- 
ditions and  restrictions. 

[Approved  March  18,  1909.     Stats.  1909,  p.  404.] 

Standard  fonn  of  fire  insurance  policy. 

§  1.  The  following  is  adopted  as  a  standard  form  of  fire  insurance 
policy  for  the  state  of  California: 

CALIFORNIA   STANDARD   FORM   FIRE    INSURANCE    POLICY. 

No.  Amount  $ 

Rate  

No  other  insurance  permitted 
except  by  agreement  indorsed  hereon  or  added  hereto. 

(Here  insert  name  of  company,  and  place  of  its  main  office  in  Califor- 
nia, and  name  of  state  or  country  under  which  incorporated  or  organ- 
ized.) 

In  consideration  of  the  stipulations  herein  named  and  of  dollars 

premium  does  insure  for  the  term  of  from   the  day  of 

19 — ,  at  noon,  to  the  day  of  ,  19 — ,  at  noon  against  all 

loss  or  damage  by  fire,  except  as  hereinafter  provided. 

To  an  amount  not   exceeding  dollars  to   the  following  described 

property  while  located  and  contained  as  described  herein,  and  not  else- 
where, to  wit: 

The  company  will  not  be  liable  beyond  the  actual  cash  value  of  the 
interest  of  the  insured  in  the  property  at  the  time  of  loss  or  damage  nor 
exceeding  what  it  would  then  cost  the  insured  to  repair  or  replace  the 
same  with  material  of  like  kind  and  quality;  said  cash  value  to  be  esti- 


503  INSURANCE.  Act  1670.  §  1 

mated  without  allowance  for  any  increased  cost  of  repair  or  recon- 
struction by  reason  of  any  ordinance  or  law  regulating  repair  or  con- 
struction of  buildings,  and  witliout  compensation  for  loss  resulting  from 
interruption  of  business  or  manufacture. 

This  policy  is  made  and  accepted  subject  to  the  foregoing  stipula- 
tions and  conditions  and  those  hereinafter  stated,  which  are  hereby 
specially  referred  to,  and  made  part  of  this  policy,  together  with  such 
other  provisions,  agreements  or  conditions  as  may  be  indorsed  hereon  or 
added  hereto,  and  no  officer,  agent,  or  other  representative  of  this  com- 
pany shall  have  power  to  waive  any  provision  or  condition  of  this  policy 
except  by  writing  indorsed  hereon  or  added  hereto,  and  no  person,  unless 
duly  authorized  in  writing,  shall  be  deemed  the  agent  of  this  company. 

This  policy  shall  not  be  valid  until  countersigned  by  the  duly  author- 
ized agent  of  the  company,  at  . 

In  witness  whereof,  this  company  has  executed  and  attested  these 
presents  (here  insert  name  of  company) 

By  . 

Countersigned  at  this  day  of  ,  19 — . 

Agent. 

STIPULATIONS    AND    CONDITIONS    SPECIALLY    REFERRED    TO. 

Property  not  covered,  (a)  This  company  shall  not  be  liable  for  loss 
to  accounts,  bills,  currency,  evidences  of  debt  or  ownership  or  other 
documents,  money,  notes  or  securities;  nor,  (b)  unless  liability  is  spe- 
cifically assumed  hereon,  for  loss  to  bullion,  casts,  curiosities,  drawings, 
dies,  jewels,  manuscripts,  medals,  models,  patterns,  pictures,  scientific 
apparatus,  business  or  store  or  ofiice  furniture  or  fixtures,  sculptures, 
frescoes,  decorations,  or  property  held  on  storage  or  for  repair. 

Hazards  not  covered.  This  company  will  not  be  liable  for  loss  by  (a) 
theft;  or  (b)  by  neglect  of  the  insured  to  use  all  reasonable  means  to 
save  and  preserve  the  property  at  and  after  a  fire,  or  when  the  property 
is  endangered  by  fire;  or  (c)  unless  fire  ensues  (and  in  that  event  for 
the  damage  by  fire  only)  by  explosion  of  any  kind  or  lightning;  or  (d) 
by  invasion,  insurrection,  riot,  civil  war,  or  commotion,  or  (except  as 
hereinafter  provided)  by  militarj^  or  usurped  power,  or  order  of  any 
civil  authority,  but  the  company  will  be  liable  (unless  otherwise  pro- 
vided by  indorsement  hereon  or  added  hereto)  if  the  property  is  lost  or 
damaged,  by  fire  or  otherwise,  by  civil  authority  or  military'  or  usurped 
power  exercised  to  prevent  the  spread  of  fire  not  originating  from  a  cause 
excepted  hereunder  and  which  fire  otherwise  probably  would  have  caused 
the  loss  of  or  damage  to  the  insured  property. 

Matters  avoiding  policy.  This  entire  policy  shall  be  void,  (a)  if  the 
insured  has  concealed  or  misrepresented  any  material  fact  or  circum- 
stances concerning  this  insurance  or  the  subject  thereof;  or,  (b)  in  case 
of  any  fraud  or  false  swearing  by  the  insured  touching  any  matter 
relating  to  this  insurance  or  the  subject  thereof,  whether  before  or  after 
a  loss. 

Unless  otherwise  provided  by  agreement  indorsed  hereon  or  added 
hereto,  this  entire  policy  shall  "be  void,   (a)   if  the   insured  now  has  or 


Act  1670,  §  1  GENERAL  LAWS.  504 

shall  procure  any  other  insurance,  whether  valid  or  not,  on  property 
covered  in  whole  or  in  part  by  this  policy,  or  (b)  if  the  interest  of  the 
insured  be  other  than  unconditional  and  sole  ownership,  or  (c)  if  the 
subject  of  insurance  be  a  building  on  ground  not  owned  by  the  insured 
in  fee  simple,  or  (d)  if  with  the  knowledge  of  the  insured  foreclosure 
proceedings  be  commenced  or  notice  given  of  sale  of  any  property  cov- 
ered by  this  policy  by  virtue  of  any  mortgage  or  trust  deed,  or  (e)  if 
this  policy  be  assigned  before  a  loss. 

Matters  suspending  insurance.  Unless  otherwise  provided  by  agreement 
indorsed  hereon  or  added  hereto  this  company  shall  not  be  liable  for  loss 
or  damage  occurring  (a)  while  the  hazard  be  materially  increased  by 
any  means  within  the  control  of  the  insured;  or  (b)  if  the  subject  of 
insurance  be  a  manufacturing  establishment,  while  it  is  operated  in 
whole  or  in  part  at  night  later  than  10  o'clock  or  while  it  ceases  to  be 
operated  beyond  the  period  of  ten  consecutive  days;  or  (c)  while 
mechanics  or  artisans  are  employed  in  building  or  altering  or  repairing 
the  described  premises  for  more  than  fifteen  days  at  any  one  time;  or 
(d)  while  illuminating  gas  or  vapor  be  generated  in  the  described  build- 
ing (or  adjacent  thereto)  for  use  therein;  or  (e)  while  there  be  kept, 
used  or  allowed  on  the  described  premises  (any  usage  or  custom  of  trade 
or  manufacture  to  the  contrary  notwithstanding)  calcium  carbide,  phos- 
phorus, dynamite,  nitroglycerine,  fireworks  or  other  explosives;  or  ex- 
ceeding one  quart  each  of  benzine,  gasoline,  naphtha  or  ether;  or  more 
than  twenty-five  pounds  of  gunpowder;  or  (f)  while  a  building  herein 
described  whether  intended  for  occupation  by  owner  or  tenant  is  vacant 
or  unoccupied  beyond  the  period  of  ten  (10)  consecutive  days;  (g)  while 
the  interest  in,  title  to  or  possession  of  the  subject  of  insurance  is 
changed  excepting: — (1)  by  the  death  of  the  insured;  (2)  a  change  of 
occupancy  of  building  without  material  increase  of  hazard;  and  (3) 
transfer  by  one  or  more  several  copartners  or  co-owners  to  the  others. 

Such  suspension  shall  not  extend  the  term  of  this  policy  nor  create 
any  right  for  refund  of  the  whole  or  any  portion  of  premium,  nor  affect 
the  respective  rights  of  cancellation. 

Chattel  mortgage.  Unless  otherwise  provided  by  agreement  in  writing 
indorsed  hereon  or  added  hereto  this  company  shall  not  be  liable  for 
loss  or  damage  to  any  property  insured  heretnder  while  encumbered  by 
a  chattel  mortgage,  but  the  liability  of  the  company  upon  other  prop- 
erty hereby  insured  shall  not  be  affected  by  such  chattel  mortgage. 

Fallen  building  clause.  Unless  otherwise  provided  by  agreement  indorsed 
hereon  or  added  hereto,  if  a  building  or  any  material  part  thereof  fall, 
except  as  the  result  of  fire,  all  insurance  by  this  policy  on  such  building 
^r  its  contents  shall  immediately  cease. 

Removal  when  endangered  hy  -fire.  Should  any  of  said  property  be  nec- 
essarily removed  because  of  danger  from  fire,  and  there  is  no  other  insur- 
ance thereon,  that  part  of  this  policy  in  excess  of  the  value  of  the 
insured  property  remaining  in  the  original  location,  or,  if  there  is  other 
insurance  thereon,  that  part  of  this  policy  in  excess  of  its  proportion  of 
the  value  of  the  insured  property  remaining  in  the   original  location, 


605  INSURANCE.  Act  1670,  §  1 

shall,  for  the  ensuing  five  days  only,  cover  said  removed  property  in  its 
new  location  or  locations. 

Cancellation.  This  policy  shall  be  canceled  at  any  time  at  the  request 
of  the  insured,  in  which  case  the  company  shall,  upon  surrender  of  this 
policy,  refund  the  excess  of  paid  premium  above  the  customary  short 
rates  for  the  expired  time.  This  policy  may  be  canceled  at  any  time, 
without  tender  of  unearned  portion  of  premium,  by  the  company  by 
giving  five  (5)  days'  written  notice  of  cancellation  to  the  insured  and 
to  any  mortgagee  or  other  party  to  whom,  with  the  written  consent  of 
the  company,  this  policy  is  made  payable,  in  which  case  the  company 
shall,  upon  surrender  of  the  policy  or  relinquishment  of  liability  there- 
under, refund  the  excess  of  paid  premium  above  the  pro  rata  premium 
for  the  expired  time. 

Duty  of  insured  in  case  of  loss.  "When  a  loss  occurs  the  insured  must 
give  to  this  company  written  notice  thereof  without  unnecessary  delay; 
and  shall  protect  the  property  from  further  damage;  forthwith  separate 
the  damaged  and  undamaged  personal  property  and  put  it  in  the  best 
possible  order;  and  without  unnecessary  delay  make  a  complete  inven- 
tory stating  as  far  as  possible  the  quantity  and  cost  of  each  article,  and 
the  amount  claimed  thereon. 

Within  sixty  daj's  after  the  commencement  of  the  fire  the  insured  shall 
render  to  the  company  at  its  main  office  in  California  named  herein 
preliminary  proof  of  loss  consisting  of  a  written  statement  signed  and 
sworn  to  by  him  setting  forth: — (a)  his  knowledge  and  belief  as  to  the 
origin  of  the  fire;  (b)  the  interest  of  the  insured  and  of  all  others  in 
the  property;  (c)  the  cash  value  of  the  different  articles  or  properties 
and  the  amount  of  loss  thereon;  (d)  all  encumbrances  thereon;  (e)  all 
other  insurance,  whether  valid  or  not,  covering  any  of  said  articles  or 
properties;  (f)  a  copy  of  the  descriptions  and  schedules  in  all  other 
policies  unless  similar  to  this  policy,  and  in  that  event,  a  statement  as 
to  the  amounts  for  which  the  different  articles  or  properties  are  insured 
in  each  of  the  other  policies;  (g)  any  changes  of  title,  use,  occupation, 
location  or  possession  of  said  property  since  the  issuance  of  this  policy; 
(h)  by  whom  and  for  what  purpose  any  building  herein  described,  and 
the  several  parts  thereof,  were  occupied  at  the  time  of  the  fire. 

If  the  company  claims  that  the  preliminary  proof  of  loss  is  defective 
and  within  five  days  after  the  receipt  thereof  (without  admitting  the 
amount  of  loss  or  any  part  thereof)  notifies  in  writing  the  insured,  or 
the  party  making  such  proof  of  loss,  of  the  alleged  defects  (specifically 
staling  them)  and  requests  that  they  be  remedied  by  verified  amend- 
ments the  insured  or  such  party  within  ten  days  after  the  receipt  of  such 
notification  and  request  must  comply  therewith,  or,  if  unable  so  to  do, 
present  to  the  com])any  an  affidavit  to  that  effect. 

The  insured  shall  also  furnish,  if  required,  as  far  as  it  is  practicable 
to  obtain  the  same,  verified  plans  and  specifications  of  any  buildings, 
fixtures  or  machinery  destroyed  or  damaged;  and  the  insured  shall  ex- 
hibit to  any  person  designated  in  writing  by  this  company  all  that 
remains  of  any  property  herein  described  and  shall  submit  to  examina- 


Act  1670,  §  1  GENERAL  LAWS.  506 

tion  under  oath,  as  often  as  required,  by  any  such  person,  and  subscribe 
to  the  testimony  so  given  and  shall  produce  to  such  person  for  examina- 
tion all  books  of  account,  bills,  invoices  and  other  vouchers,  and  permit 
extracts  and  copies  thereof  to  be  made,  and  in  case  the  originals  are 
lost  certified  copies,  if  obtainable,  shall  be  produced. 

Ascertainment  of  amount  of  loss.  This  company  shall  be  deemed  to  have 
assented  to  the  amount  of  the  loss  claimed  by  the  insured  in  his  pre- 
liminary proof  of  loss,  unless  within  twenty  days  after  the  receipt 
thereof,  or,  if  verified  amendments  have  been  requested,  within  twenty 
days  after  their  receipt,  or  within  twenty  days  after  the  receipt  of  an 
affidavit  that  the  insured  is  unable  to  furnish  such  amendments,  the 
company  shall  notify  the  insured  in  writing  of  its  partial  or  total  dis- 
agreement with  the  amount  of  loss  claimed  by  him  and  shall  also  notify 
him  in  writing  of  the  amount  of  loss,  if  any,  the  company  admits  on 
each  of  the  different  articles  or  properties  set  forth  in  the  preliminary 
proof  or  amendments  thereto. 

If  the  insured  and  this  company  fail  to  agree,  in  whole  or  in  part,  as 
to  the  amount  of  loss  within  ten  days  after  such  notification,  this  com- 
pany shall  forthwith  demand  in  writing  an  appraisement  of  the  loss  or 
part  of  loss  as  to  which  there  is  a  disagreement  and  shall  name  a  com- 
petent and  disinterested  appraiser,  and  the  insured  within  five  days 
after  receipt  of  such  demand  and  name,  shall  appoint  a  competent  and 
disinterested  appraiser  and  notify  the  company  thereof  in  writing,  and 
the  two  so  chosen  shall  before  commencing  the  appraisement,  select  a 
competent  and  disinterested  umpire. 

The  appraisers  together  shall  estimate  and  appraise  the  loss  or  part  of 
loss  as  to  which  there  is  a  disagreement,  stating  separately  the  sound 
value  and  damage,  and  if  they  fail  to  agree  they  shall  submit  their 
differences  to  the  umpire,  and  the  award  in  writing  duly  verified  of  any 
two  shall  determine  the  amount  or  amounts  of  such  loss. 

The  parties  to  the  appraisement  shall  pay  the  appraisers  respectively 
appointed  by  them  and  shall  bear  equally  the  expense  of  the  appraise- 
ment and  the  charges  of  the  umpire. 

If  for  any  reason  not  attributable  to  the  insured,  or  to  the  appraiser 
appointed  by  him,  an  appraisement  is  not  had  and  completed  within 
ninety  days  after  said  preliminary  proof  of  loss  is  received  by  this  com- 
pany, the  insured  is  not  to  be  prejudiced  by  the  failure  to  make  an 
appraisement,  and  may  prove  the  amount  of  his  loss  in  an  action  brought 
without  such  appraisement. 

Options  of  company  in  case  of  loss.  This  company  may,  at  its  option, 
take  all  or  any  part  of  the  property  for  which  insurance  hereunder  is 
claimed  at  its  ascertained  or  appraised  value,  and  may  also,  at  its 
option,  in  satisfaction  of  its  liabilities  hereunder,  repair,  rebuild  or 
replace  any  building  or  structure  or  machine  or  machinery  used  therein, 
with  other  of  like  kind  and  quality,  within  a  reasonable  time,  upon 
giving  notice  within  twenty  days  of  its  intention  so  to  do  after  the 
receipt  by  it  of  the  preliminary  proof  of  loss,  or,  if  verified  amendments 
have  been  requested,  within  twenty  days  after  their  receipt,  or,  within 


507  INSURANCE.  Act  1670,  §  2 

twenty  days  after  the  receipt  of  an  affid.avit  that  the  insured  is  unable 
to  furnish  such  amendments. 

There  can  be  no  abandonment  to  this  company  of  any  property. 

Apportionment  of  loss.  Tliis  company  shall  not  be  liable  under  this 
policy  for  a  greater  proportion  of  any  loss  on  the  described  property, 
or  for  loss  by,  and  expenses  of,  removal  from  the  premises  endangered 
by  fire,  than  the  amount  hereby  insured  bears  to  the  entire  insurance 
covering  such  property  whether  valid  or  not,  or  by  solvent  or  insolvent 
insurers. 

Loss' when  payable.  A  loss  hereunder  shall  be  payable  in  thirty  days 
after  the  amount  thereof  has  been  ascertained  either  by  agreement  or 
by  appraisement;  but  if  such  ascertainment  is  not  had  or  made  within 
sixty  days  after  the  receipt  by  the  company  of  the  preliminary  proof 
of  loss,  then  the  loss  shall  be  payable  in  ninety  days  after  such  receipt. 

Nonwaiver  hy  appraisal  or  examination.  This  company  shall  not  be  held 
to  have  waived  any  provision  or  condition  of  this  policy  or  any  for- 
feiture thereof,  by  assenting  to  the  amount  of  the  loss  or  damage  or  by 
any  requirement,  act,  or  proceeding  on  its  part  relating  to  the  appraisal 
or  to  any  examination  herein  provided  for. 

Subrogation.  If  this  company  shall  claim  that  the  fire  was  caused  by 
the  act  or  neglect  of  any  person  or  corporation,  this  company  shall,  on 
payment  of  the  loss  be  subrogated  to  the  extent  of  such  payment  to  all 
right  of  recovery  by  the  insured  for  the  loss  resulting  therefrom,  and 
such  right  shall  be  assigned  to  this  company  by  the  insured  on  re- 
ceiving such  payment. 

Time  for  commencement  of  action.  No  suit  or  action  on  this  policy  for 
the  recovery  of  any  claim  shall  be  sustained,  until  after  full  compliance 
b}^  the  insured  with  all  of  the  foregoing  requirements,  nor  unless  begun 
within  fifteen  months  next  after  the  commencement  of   the   fire. 

Definitions.  Wherever  in  this  policy  the  word  "insured"  occurs,  it  shall 
be  held  to  include  the  legal  representatives  of  the  insured  in  case  of  his 
death,  and  wherever  the  word  "loss"  occurs,  it  shall  be  deemed  the 
equivalent  of  "loss  or  damage,"  and  wherever  the  words  "the  time  of 
loss  or  damage"  are  used  they  shall  be  deemed  the  equivalent  of  "the 
time  of  the  commencement  of  the  fire." 

What  to  be  printed  on  outside  fold  of  policy. 

§2.  There  shall  be  printed  on  the  outside  fold  of  said  policy  in 
type  not  smaller  than  small  pica  the  following  words  in  this  form: 

EEAD  THIS  POLICY. 
Ins.  Co.  is  liable  only  for  actual  cash  value. 

Policy  is  void  in  case  of  any  fraud,  false  swearing,  misrepresentation  or 
concealment  about  material  facts. 

Policy  is  void,  unless  otherwise  agreed  in  writing,  if 
1st.  It  is  assigned  before  loss; 
2nd.  Insured  has  or  shall  procure  other  insurance; 
3rd.  Any  change  occurs  in  location  of  property; 


Act  1670,  §§  3-7  GENERAL  LAWS.  503 

4th.  Insured  building  is  on  ground  not  owned  in  fee  simple  by  in- 
sured; 

5th.  Insured  is  not  sole  and  unconditional  owner. 

Policy  is  suspended,  unless  otherwise  agreed  in  writing,  if 

6th.  Described  building  becomes   vacant   or  unoccupied  for  ten   days; 

7th.  Mechanics  are  employed  more,  than  15  days  in  repairing  same; 

8th.  Property  is  or  becomes  encumbered  by  chattel  mortgage; 

9th.  Illuminating  gas  or  vapor  is  generated  in  or  adjacent  to  de- 
scribed building; 

10th.  Explosives  or  prohibited  quantities  of  gasoline,  etc.,  are  kept 
on  premises. 

Insurance  ceases  if  described  building  or  any  material  part  falls  ex- 
cept as  result  of  fire. 

Policy  does  not  cover  certain  enumerated  personal  property. 

Note  particularly  duty  of  insured  in  case  of  loss; 

Also  provisions  avoiding  or  suspending  policy,  including  changes  of 
ownership  or  possession. 

Special  agreement  regarding  appraisement. 

§  3.  By  special  agreement  indorsed  on  the  policy  or  added  thereto 
the  provisions  regarding  appraisement  or  apportionment  of  loss  may  be 
waived  and  the  valuations  of  all  or  any  of  the  insured  property  in 
case  of  total  loss  may  be  agreed  upon  in  advance  of  loss. 

Policy  to  be  plainly  printed. 

§  4.  Said  standard  form  of  policy  shall  be  plainly  printed  and  no 
portion  thereof  shall  be  in  type  smaller  than  small  pica  and  subheads 
shall  be  in  type  larger  than  pica,  and  the  lines  of  the  policy  shall  be 
numbered  consecutively. 

County  fire  companies  excepted. 

§5.  This  act  shall  not  apply  to  any  company  organized  under  an 
act  entitled  "An  act  to  provide  for  the  organization  and  management  of 
county  fire  insurance  companies,"  approved  April  1,  1897,  or  amend- 
ments to  that  act,  but  all  other  fire  insurance  policies  on  property  in 
California  shall  be  on  said  standard  form,  and,  except  as  herein  pro- 
vided, shall  not  contain  additions  thereto.  No  parts  of  the  standard 
form  shall  be  omitted  therefrom. 

"What  may  be  added  to  policy. 

§  6.  The  blanks  in  said  standard  form  shall  be  appropriately  filled. 
The  company  may  add  to  the  standard  form  any  matter  relating  to  its 
financial  condition,  directors,  officers,  stockholders  and  history,  and 
the  address  of  its  home  office  and  principal  office  in  the  United  States; 
also  in  red  ink  any  provisions  respecting  any  limitation  of  liability  of 
the  company,  its  stockholders  or  members  which  it  is  required  or  per- 
mitted by  the  law  of  the  state  or  country  of  its  organization  to  insert 
in  its  policies. 

Clauses  as  to  mortgagees. 

§7.  Clauses  may  be  added  to  the  standard  form  providing  for  and 
defining  the  rights,  duties  and  obligations  of  mortgagees,  assignees  and 


S09  INSURANCE.  Act  1671 

other  parties  who  have  acquired  or  may  acquire  an  interest  in,  right  to 
or  lien  upon  the  insured  property. 

Earthquake  clause  may  be  ihserted,  how. 

§  8.  No  clause  shall  be  inserted  or  rider  attached  affecting  the  stand- 
ard form  liability  of  the  insurer  for  loss  or  damage  by  fire  occasioned 
either  directly  or  indirectly  by  earthquake,  hurricane,  volcanic  action 
or  other  disturbance  of  nature,  unless  the  same  shall  be  printed  in  red 
ink  in  type  larger  than  small  pica  and  at  the  head  of  the  policy  there 
shall  be  printed  in  red  ink  in  large  bold  faced  type  the  words,  "This 
policy  contains  limitations  of  liability  not  permitted  in  the  California 
standard  form." 

Other  additional  clauses. 

§  9.  Clauses  may  be  added  to  the  standard  form  (a)  covering  prop- 
erty and  risks  not  otherwise  covered;  (b)  assuming  greater  liability 
than  is  otherwise  imposed  on  the  insurer;  (c)  granting  insured  permits 
and  privileges  not  otherwise  provided;  (d)  waivers  of  any  of  the  mat- 
ters avoiding  the  policy  or  suspending  the  insurance;  (e)  waivers  of 
any  of  the  requirements  imposed  on  the  insured  after  loss. 

Separa*,o  riders. 

§  10.  Except  as  herein  otherwise  provide  clauses  may  be  attached 
to  the  standard  form  by  separate  riders  in  type  larger  than  pica  impos- 
ing f.^,ecified  duties  and  obligations  upon  the  insured  and  limiting  the 
liabi/jty  of  the  insurer. 

Insurers  other  than  corporations. 

§  11.  Any  insurers,  other  than  corporations,  issuing  policies  on  prop- 
erty in  California,  shall  use  the  standard  form,  changing  only  such 
words  as  refer  to  the  corporation  or  company  or  to  officers  or  agents  of 
the  corporation  or  company,  and  in  regard  to  its  organization;  and  such 
other  insurers  may  substitute  in  place  of  such  words  having  peculiar 
reference  to  corporations,  appropriate  words  having  similar  reference  to 
themselves. 

Penalty  for  violation  of  act. 

§  12.  Any  insurer,  or  the  agent  countersigning  or  issuing  a  fire  in- 
surance policy  covering  in  whole  or  in  part  property  in  California  vary- 
ing from  the  California  standard  form  of  policy  except  as  herein  pro- 
vided is  guilty  of  a  misdemeanor  but  any  policy  so  issued  shall  not- 
withstanding be  binding  upon  the   company  issuing  the   same. 

§  13.  This  act  shall  take  effect  and  be  in  force  from  and  after  the 
first  day  of  August,  1909. 

AiJT  1671. 

Ail  act  to  extend  the  time  for  filing  with  the  insurance  commissioner 
statements  of  insurance  business  transacted  during  the  year  ending 
December  31,  1905,  within  tlie  time  prescribed  by  law,  and  to  remit 
penalties  for  failing  to  file  the  same.  [Approved  June  14,  1906. 
Stats.  1906,  p.  30.] 


Acts  1672-1680  GENERAL  LAWS.  51 

ACT  1672. 

An  act  providing  for  the  organization  and   management  of  mutual  fire    g 

insurance   companies.     [Approved   Marcj;^   19,    1907.     Stats.    1907,   p. 

631.] 

This  act  appears  in  full  in  Appendix,  Civil  C<i(le,  p.  1917. 

ACT  1672a. 

An  act  relating  to  life,  health,  and  accident  insurance   of  livestock  on 
the    assessment   plan   and   the   conduct   of   the   business    of   such   in- 
surance.     [Approved  March  23,  1907.     Stats.   1907,  p.  952.] 
This  act  appears  in  full  in    Appendix,  Civil  Code,  p.  1020. 

TITLE  236. 
INTEEEST. 
ACT  1673. 

An  act  fixing  the  rates  of  interest  and  charges  on  loans  npon  chattel 
mortgages  on  certain  personal  property,  and  prescribing  penalties 
for  the  violation  of  the  act.  [Approved  March  20,  1905.  Stats. 
1905,  p.  422.] 

Unconstitutional:  In  re  Sohncke,  148  Cal.  262. 
Compare  Act  758,  ante. 

ACT  1674. 

To  regulate  the  interest  of  money.     [Stats.  1850,  p.  92.] 
Amended    1867-68,    p.    553;    1869-70,    p.    669.      Superseded    by    Civil    Coda, 
|§  1917-1920. 

Citations.     Cal.  44/131,   369;  46/208;   49/402;   120/109. 

TITLE  237. 
INTERPEETERS. 
ACT  1679. 

In  relation  to  interpreters  before  grand  jury.  [Stats.  1871-72,  p.  540.] 
Codified  hy  §  925  of  Penal  Code. 

ACT  1680. 

To  authorize  the  appointment  of  an  interpreter  of  the  Italian  language 
in  cities  of  one  hundred  thousand  inhabitants.     [Stats.  1885,  p.  108.] 
Amended  1895,  p.  37. 

Codified  hy   Amendment  of  Penal   Code,   1905. 

"Superseded  as  to  San  Francisco  by  c.  I  of  art.  V  of  the  charter  of  that  city." 
—Code  Commissioner's  Note. 

This  act  appears  in  full  in  Appendix,  Penal  Code,  p.  2057. 


511  INTOXICATING  LIQUORS.  Acts  1685-1692 

TITLE  238. 
INTOXICATING  LIQUORS. 
ACT  1685. 

To  prohibit  the  collection  of  accounts  for  liquors  sold  at  retail.     [Stats. 
1858,  p.  193.] 
Superseded,  although  not  in  terms  repealed,  by  the  act  of  1873-74,  p.  509,  to 
the  same  eflfect. 

ACT  1686. 

To  prevent  the  sale  of  intoxicating  liquors  to  persona   addicted   to   the 
inordinate  use  thereof.     [Stats.   1889,  p.   352.] 
This  act  can  be  found  in  Appeixiix,  Penal  Code,  p.  2059. 

ACT  1687. 

Permitting   voters   of   every   township   or   incorporated    city   to   vote   on 

question   of   granting  license   to   sell.     [Stats.   1873-74,  p.   434.] 

Reppaled.   1875-76,  p.   10. 

Unconstitutional:    Ex  parte  Wall,  48  Cal.  279. 

ACT  1688. 

To   prevent   the  sale   of  intoxicating  liquors  to   minor  children.     [Stats. 
1891,  p.  91.] 
Probably  superseded  by  Penal  Code,  §  397b,  adopted  1905. 

ACT  1689. 

To    prevent    the    selling,    giving,    or    delivering    intoxicating   liquors    to 

minor   children,   and   to   prevent   minor   children   visiting   saloons   or 

public  houses  where   intoxicating  liquors  are  sold.     [Stats.   1903,  p. 

319.] 

Codified  by  §  397b  of  Penal  Code,  1905. 

ACT  1690. 

To  prevent  the  sale  of  intoxicating  beverages  on   election  day.     [Stats. 
1873-74,  p.  297.] 

Citations.      Cal.  92/198. 

Codified  by  §  63b  of  Penal  Code,   1905. 

ACT   1691. 

To  prohibit  the  sale  of  intoxicating  liquors  in  the  state  capitol  building. 
[Stats.  1880,  p.  80.] 
Codified  by  §  172  of  Penal  Code,  1905. 

ACT  1602. 

To  prevent  the  sale  of  intoxicating  liquors  in  the  immediate  vicinity  of 
soldiers'  home.     1  Stats.  1895,  p.   161.] 

Codified  by  §  172  of  Penal  Code,   1905. 

See,  also,  post.  Act  1693. 


Acts  1693-1704  GENERAL  LAWS.  612 

ACT  1693. 

An  act  to  prohibit  the  sale  of  intoxicating  liquors  within  a  certain  dis- 
tance  of   the    Veterans'   Home  located   at   Yountville,   Napa  County. 
[Approved  March  18,  1905.     Stats.  1905,  p.  126.] 
See  §  172,   Penal  Code. 

This  act  prohibited  the  sale  of  liquors  within  one  mile  and  a  half  of  the  home 
at  Yountville. 

ACT  1694. 

An  act  to  prohibit  the  sale  of  intoxicating  liquors  within  a  certain  dis- 
tance of  the  Mendocino  State  Hospital  for  the  Insane.     [Approved 
February  24,  1905.     Stats.  1905,  p.  20.] 
This  act  prohibited  the  sale  of  liquor  within  one  mile  of  the  Mendocino  State 
Hospital. 

ACT  1695. 

An  act  to  prohibit  the  sale  of  intoxicating  liquors  within  a  certain  dis- 
tance of  any  camp  or  assembly  of  men,  numbering  twenty-five  or 
more,  engaged  upon  the  construction,  repair  or  operation  of  any 
public  work,  improvement,  or  utility.  [Approved  March  25,  1909. 
Stats.  1909,  p.  722.] 
This  act  appears  in  full  in  Penal  Code,  Appendix,  p.  808. 

TITLE  239. 
INVENTOEY. 
ACT  1697. 

To   require   an   inventory   of   state   and   county   property,   and    directing 
that  a  record  of  the  same  be  kept.     [Stats.  1897,  p.  5.] 

Amended  1901,  p.  93. 

Superseded  by  §  4321,  Polifcial  Code. 

TITLE  240. 
INYO   COUNTY. 
ACT  1702. 

Assessor,  compensation  of.     [Stats.  1875-76,  p.  81.] 
Amended  1877-78,  p.  256.     Repealed  by  County  Government  Act  1897,  p.  5G8. 
§  211. 

ACT  1703. 

Government  of,  payment  of  expenses  of.     [Stats.   1873-74,  p.   .^74.] 
See  subds.  12  and  18,  §  25,  County  Government  Act,  1897,  pp.  460,  463. 

ACT  1704. 

Protecting  growing  crops  in.     [Stats.   1871-72,  p.  668.] 
Probably  repealed  by  acts  of   1897,   p.   198,    and   1901,   p.    603,   relating  to   es- 
trays. 

This  act  was  to  prevent  the  trespassing  of  animals. 


513  IRRIGATION.  Acts  1705-1717 

ACT  1705. 

Additional  notaries  public  for.     [Stats.  1873-74,  p.  574.] 
Repealed  by  Political   Code,  §  791. 
This  act  provided  for  the  appointment  of  two  additional  notaries. 

ACT  1706. 

Salaries  of  certain  officers  of.     [Stats.   1873-74,  p.   177.] 
Supplemented    and    amended    1873-74,    p.    510.     Repealed    by    constitution    of 
1879,    abolishing  office  of  county  judge,   and  by   County   Government   Act,   1897, 
p.  568.  §  211. 

ACT  1707. 

Public  roads,  improvement  of.     [Stata.  1875-76,  p.  421.] 
Repealed  1883,  p.  5,  c.  X,  i  2,  and  Political  Code,  g  2652,  fts  amended  1891, 
p.  478. 

ACT  1708. 

To   provide   for   the   distribution    of   school   moneys   in   certain   counties. 
[Stats.   1877-78,  p.   746.] 

Repealed:    See   Political   Code,  §  1858. 

This  act  related  to  Inyo  and  Mono  counties. 

ACT  1709. 

Teachers  in,  employment  of.     [Stats.  1873-74,  p.  509.] 
Probably  repealed  by  Political  Code,  §  1696,  as  amended  1893,  p.  255. 

ACT  1710. 

Traveling  fees  of  sheriffs  of.     [Stats.  1873-74,  p.  236.] 
Amended    1877-78,    p.     372.       Repealed    by    County    Government    Act,    1897, 
pp.   568,   571,   572,  §§  211,   214,   215. 

ACT  1711. 

Treasurer  of,  salary  of.     [Stats.   1877-78,  p.   157.] 
Repealed  by  County  Government  Act,   1897,  p.  568,   §  211. 

TITLE  241. 
lERIQATIOK 
ACT  1716. 

Irrigation,  act  to  promote.  [Stats.  1871-72,  p.  945.] 
"Seems  necessarily  inconsistent  with  the  Wright  Act,  1S87,  p.  29,  c.  XXXTV, 
but  that  statute,  in  §  46,  declares  that  none  of  its  provisions  shall  be  construed 
as  repealing  or  modifying  the  provisions  of  any  act  relating  to  irrigation  or 
vyater  commissioners;  also,  vi'ith  statute  of  1897,  p.  254,  which  also  contains 
same  reservations  as  to  its  repealing  effect." — Code  Commissioners'   Note. 

ACT  1717. 

To  provide  for  the  organization  and  government  of  irrigation   districts, 
and  to  provide  for  the  acquisition  of  water  and  other  property,  and 
Gen.  Laws — 33 


Acts  1718-1720  GENERAL  LAWS.  514 

for  the  distribution  of  water  for  irrigation  purposes.     [Stats.   1887, 

p.  29.] 

Amended  1889,  p.  15;  1891,  pp.  142,  147,  244;  1893,  pp.  175,  516 ;  1897,  §  241 ; 
1899,  p.  2.  Supplemented  1889,  pp.  18,  21,  212;  1893,  pp.  276,  520;  1895, 
pp.  127,  174;  1897,  pp.  254,  394.   Repealed  1897,  p.  254. 

Citations.  Cal.  76/367;  79/353;  87/142,  146,  147;  SS/337,  342,  346,  350, 
351,  353,  354,  355,  358;  92/306,  331;  94/318;  98/208;  103/385;  106/369, 
371;  108/192,  194;  113/242,,  510;  117/28,  384,  385;  120/288,  289,  290;  127/ 
567.  568;  128/479;  130/130,  131,  132,  133,  134;  135/390,  392,  393;  136/188, 
189;  140/345,  346,  541,  542,  543;  142/604,  605,  606,  607;  144/332,  334,  335, 
727,  731,  736,  737;  149/501,  662,  663,  664;  153/20,  21,  23;  154/211,  216,  440. 

AMD'T.  1891. 

Citations.  Cal.  106/365,  369;  113/510,  517,  521;  117/384,  386;  120/288, 
292;    125/596.      App.  5/642 ;    6/178,    180,    181. 

The  supplemental  act  of  1889,  p.  212,  is  unooustitutional  in  part:  Cullen  v. 
Glendora  W.  Co.,  113  Cal.  503. 

ACT  1718. 

To  amend  "An  act  amendatory  of  and  supplemental  to  an  act  entitled 
'An  act  to  provide  for  the  organization  and  government  of  irriga- 
tion districts,  and  to  provide  for  the  acquisition  of  water  and  other 
property,  and  for  the  distribution  of  water  thereby  for  irrigation 
purposes,'  approved  March  7,  1887,  providing  for  the  exclusion  of 
certain  lands  within  any  such  district,"  [Approved  February  16, 
1889.     Stats.  1889,  p.  21.] 

Amended   1893,  p.   29.     Repealed  by  act  of   1897,  p.   254,   so   far  as  inconsis- 
tent therewith.      See  act  of  1897,   §§  74-84,  post.  Act  1726. 
Citations.      Cal.  88/355. 
Unconstitutional  in  part:  Cullen  v.  Glendora  W.  Co.,  113  Cal.  503. 

ACT  1719. 

Amendatory  of  and  supplemental  to  "An  act  to  provide  for  the  organiza- 
tion and  government  of  irrigation  districts,  and  to  provide  for  the 
acquisition  of  water  and  other  property,  and  for  the  distribution  of 
water  thereby  for  irrigation  purposes,"  approved  March  7,  1887, 
and  providing  for  a  change  of  the  boundaries  of  irrigation  districts, 
by  including  other  lands  therein.  [Approved  February  16,  1889. 
Stats.  1889,  p.  18.] 

Repealed  by  act  of  1897,  p.  254,  so  far  as  inconsistent  therewith:  See  Stats. 
1897,  §§    85-97,  post.   Act  1726. 

ACT  1720. 

Supplemental  to  an  act  entitled  "An  act  to  provide  for  the  organization 
and  government  of  irrigation  districts,  and  to  provide  for  the  acqui- 
sition of  water  and  other  property,  and  for  the  distribution  of 
water  thereby  for  irrigation  purposes,"  approved  March  7,  1887. 
and  to  provide  for  the  examination,  approval,  and  confirmation  of 
proceedings  for  the  issue  and  sale  of  bonds  issued  under  the  pro- 
visions of  said  act.  [Approved  March  16,  1889.  Stats.  1889,  p. 
212.] 


515  IRRIGATION.  Acts  1721-1725 

Repealed  by  act  of  1S97,  p.  254,  so  far  as  inconsistent  therewith:  See  §§  68-- 
73,  act  of  1897,  post,  Act  1726. 

Citations.  Cal.  87/143,  146;  88/337,  340,  348;  91/538;  92/306,  330;  106/ 
369;  113/511,  512,  513,  516;  117/384,  385,  387;  128/479;  132/291,  292;  133/ 
343;  135/394,  396;  140/486;  142/605,  606;  150/320;  154/211,  217. 

ACT  1721. 

Supplemental  to  an  act  entitled  "An  act  to  provide  for  the  organization 
and  government  of  irrigation'  districts,  and  to  provide  for  the  acqui- 
sition of  water  and  other  property,  and  for  the  distribution  of 
water  thereby  for  irrigation  purposes,"  approved  March  7,  1887, 
providing  for  the  abandonment  of  operations  by  irrigation  districts 
and  for  their  disorganization  upon  the  discharge  of  all  outstanding 
obligations,  and  dividing  irrigation  districts  into  classes  for  the  pur- 
poses of  this  act.  [Approved  March  25,  1893.  Stats.  189a,  p.  520.] 
Repealed  by  act  of  1897,  p.  254,  so  far  as  inconsistent  therewith:  See  act  of 
1903,  p.  3. 

ACT  1722. 

Supplemental  to  an  act  entitled  "An  act  to  provide  for  the  organization 
and  government  of  irrigation  districts,  and  to  provide  for  the  acqui- 
sition of  water  and  other  property,  and  for  the  distribution  of 
water  thereby  for  irrigation  purposes,"  approved  March  7,  1887, 
)roviding  for  reducing  the  bonded  indebtedness  thereof.  [Approved 
[arch  23,  1893.  Stats.  1893,  p.  276.] 
Repealed  by  Stats.  1897,  p.  254,  so  for  as  inconsistent  therewith:  See  act  of 
1897,  §§  98-99 14,  post,  Act  1726. 
Citations.     App.  6/180,  181. 


Me 


ACT  1723. 

Supplemental  to  an  act  entitled  "An  act  to  provide  for  the  organization 
and  government  of  irrigation  districts,  and  to  provide  for  the  acqui- 
sition of  water  and  other  property,  and  for  the  distribution  of  water 
thereby  for  irrigation  purposes,"  approved  March  7,  1887,  providing 
for  the  destruction  of  all  or  any  part  of  the  bonds  of  any  irriga- 
tion district  remaining  unsold  after  the  completion  of  their  irriga- 
tion system.  [Approved  March  26,  1895.  Stats.  1895,  p.  127.] 
Repealed  by  act  of  1897,  p.  254,  so  far  as  inconsistent  therewith:  See  §§  106- 
108  of  act  1897,  post,  Act  1726. 

ACT  1724. 

To  create  Modesto  irrigation  district.     [Stats.  1877-78,  p.  820.] 

^.•'T  1725. 

West  Side  irrigation   district  creating.     [Stats.   1877-78,  p.  468.] 


Act  1726,  §  1  GENERAL  LAWS.  616 

ACT  1726. 

An  act  to  provide  for  the  organization  and  government  of  irrigation 
districts,  and  to  provide  for  the  acquisition  or  construction  thereby 
of  works  for  the  irrigation  of  the  lands  embraced  within  such  dis- 
tricts, and,  also,  to  provide  for  the  distribution  of  water  for  irriga- 
tion purposes. 

[Approved  March  31,  1897.     Stats.  1897,  p.  254.] 
Amended    1901,   p.    815;    1905,   p.   27;    1S09,   pp.    12,   46,   429,   461,   998,    1062, 
1075. 

Citations.  Cat.  124/2,  5,  7;  149/501,  503,  504,  663,  666;  153/21;  154/394, 
442.  App.  5/282,  284,  641,  642,  643,  644,  645,  647,  649,  650,  651,  652;  6/180, 
181;   182. 

§  1—5.      Organization. 

§§  6—12.     Election  on  organization. 

§§  13-16.     Duties   and  powers  of   boards   of  directors. 

§§17,    18.      Water   regulations. 

§§  19-28.      General  elections. 

§  29.      Title  to  property. 

§§  30-33.      Issuance  of  bonds. 

§  34.      Assessment  for  completion  of  works. 

§§  35-37.     Duty  of  the  assessor. 

§  38.      Equalization  of  assessment. 

§§  39—41.      Levy  of  and  collection  of  taxes. 

§  42.      Publication  of  delinquent  notice. 

§§  43-46.      Sale  for  delinquent  taxes. 

§§47-51.      Redemption  of  property  sold  for  delinquent  taxes, 

§  52.      Redemption  of  bonds  and  payment  of  interest. 

§§  53—56.      Construction  of  works. 

§§  57,   58.      Governing  directors. 

§§  59,  60.      Special  assessments. 

§  61.      Incurring   indebtedness. 

§§  62-65.      Governing  the  use  of  water. 

§§  66,  67.     Exemption  from  taxation — Creation  of  funds. 

§§  68-73.      General  provisions. 

§§74-84.      Exclusion  of  lands. 

§§  85-97.      Inclusion   of  lands. 

§§  98—991/^.  Reduction  of  bonded  indebtedness. 

§§  100-105.     Lease  of  water. 

§§  106-108.     De-fetruction  of  unsold  bonds, 

§§  109,  110.      Saving  clauses. 

OEGANIZATION. 

§1,  A  majority  in  number  of  the  holders  of  title,  or  evidence  of 
title,  to  lands  susceptible  of  irrigation  from  a  common  source  and  by 
the  same  system  of  works,  such  holders  of  title,  or  evidence  of  title, 
representing  a  majority  in  value  of  said  lands,  according  to  the  equal- 
ized county  assessment  roll  or  rolls  for  the  year  last  preceding,  may  pro- 
pose the  organization  of  an  irrigation  district,  under  the  provisions  of 
this  act.  Said  equalized  assessment  roll  or  rolls  shall  be  sufficient  evi- 
dence of  title  for  the  purposes  of  this  act. 


517  IRRIGATIOJT.  Act  1726,  §§  2,  3 

§2.  In  order  to  propose  the  organization  of  an  irrigation  district,  a 
petition  sliall  be  prtscuted  to  the  board  of  supervisors  of  the  county  in 
which  the  lands  within  the  proposed  district,  or  the  greater  portion 
thereof,  are  situated,  signed  by  the  required  number  of  holders  of  title, 
or  evidence  of  title,  to  lands  within'  such  proposed  district,  and  repre- 
senting the  requisite  majority  in  value  of  said  lands,  which  petition  shall 
set  forth  generally  the  boundaries  of  the  proposed  district,  and  also 
shall  state  generally  the  source  or  sources  (which  may  be  in  the  alterna- 
tive), from  which  said  lands  are  proposed  to  be  irrigated,  and  shall  pray 
that  the  territory  embraced  within  the  boundaries  of  the  proposed  dis- 
trict may  be  organized  as  an  irrigation  district  under  the  provisions  of 
this  act.  The  petition  may  consist  of  any  number  of  separate  instru- 
ments and  must  be  accompanied  with  a  good  and  sufficient  undertaking 
to  be  approved  by  said  board  of  supervisors,  in  double  the  amount  of 
the  probable  cost  of  organizing  such  district,  conditioned  that  the  sure- 
ties shall  pa;/-  all  of  said  costs,  in  ease  said  organization  shall  not  be 
effected.  Said  petition  shall  be  presented  at  a  regular  meeting  of  said 
board,  and  shall  be  published  for  at  least  two  weeks  before  the  time 
at  which  the  same  is  to  be  presented,  in  some  newspaper  of  general 
circulation  printed  and  published  in  the  county  where  said  petition  is 
presented,  together  with  a  notice  stating  the  time  of  the  meeting  at 
which  the  same  will  be  presented;  and  if  any  portion  of  the  lands 
within  said  proposed  district  lie  within  another  county  or  counties  then 
said  petition  and  notice  shall  be  published,  as  above  provided,  in  a 
newspaper  published  in  each  of  said  counties.  When  contained  upon 
more  than  one  instrument,  one  copy  only  of  such  petition  need  be  pub- 
lished, but  the  names  attached  to  all  of  said  instruments  must  appear 
in  such  publication.  When  such  petition  is  presented,  said  board  of 
supervisors  shall  hear  the  same,  and  may  adjourn  such  hearing  from 
time  to  time,  not  exceeding  four  weeks  in  all.  No  defect  in  the  con- 
tents of  the  petition  or  in  the  title  to  or  form  of  the  notice  or  signa- 
tures, or  lack  of  signatures,  thereto  shall  vitiate  any  proceedings  thereon, 
provided  such  petition  or  petitions  have  a  sufficient  number  of  quali- 
fied signatures  attached  thereto.  On  the  final  hearing  said  board  shall 
make  such  changes  in  the  proposed  boundaries  as  may  be  deemed  ad- 
visable, and  shall  define  and  establish  such  boundaries.  But  said  board 
shall  not  modify  said  boundaries  so  as  to  exclude  from  such  proposed 
district  any  territory  which  is  susceptible  of  irrigation  from  any  of 
the  sources  proposed;  nor  shall  any  lands  which  will  not,  in  the  judg- 
ment of  said  board,  be  benefited  by  irrigation,  by  means  of  any  of  said 
systems  of  works,  he  included  within  such  proposed  district.  Any  per- 
son whose  lands  are  susceptible  of  irrigation  from  any  of  the  proposed 
sources,  may  upon  his  application,  in  the  discretion  of  said  board,  have 
such  lands  included  within  said  proposed  district.  [Amendment  ap- 
proved February  11,  1909.     Stats.  1909,  p.  12.     In  effect  immediately.] 

§  3.  Upon  such  hearing  of  said  petition,  the  board  of  supervisors 
shall  determine  whether  or  not  said  petition  complies  with  the  roqiiire- 
ments  of   sections    1   and   2    of    this   act,    and   for    that   purpose    must 


Act  172G,  §§  4-6  GENERAL  LAW3.  618 

hear  all  conifictent  and  relevant  testimony  offered  in  support  or  in 
opposition  thereto.  Such  determination  shall  be  entered  upon  the  min- 
utes of   said  board  of  supervisors. 

§4.  The  right  of  appeal  from  sj\id  order  to  the  superior  court  of  tlic 
county  where  said  petition  is  heard  is  hereby  ^\vcn  to  any  person  in- 
terested who  is  a  party  to  the  record;  providtid,  that  if  more  than  one 
appeal  be  taken  they  shall  be  consolidated  and  tried  together.  SiicJi 
appeal  shall  be  taken  within  ten  days  after  the  entry  of  such  order 
upon  the  minutes  of  the  board  of  supervisors.  The  appeal  shall  be  taken 
and  heard  in  the  same  manner  as.  appeals  from  justices'  courts  to  the 
superior  court,  cxcejjt  as  herein  otherwise  provided.  Upon  the  appeal,  the 
superior  court  may  make  and  enter  its  judgment  aiririniiig,  modifying,  or 
reversing  the  order  appealed  from.  "Within  ten  days  thereafter  the  su- 
perior court  must  cause  its  remittitur  to  issue  to  said  board  of  supervisors, 
and  if  said  order  of  the  board  of  supervisors  is  modified  or  reversed,  the 
judgment  of  the  superior  court  and  its  remittitur  shall  direct  the  board  of 
supervisors  wliat  order  it  shall  enter.  Such  remittitur  sliall  be  filed  by 
the  clerk  of  the  board  of  supervii-ors,  and  at  the  first  regular  meeting 
of  the  board  thereafter,  it  shall  cause  to  be  entered  in  its  minutes  the 
order  as  directed  by  said  superior  court.  The  appeal  herein  provided 
for  shall  be  heard  and  determined  within  thirty  days  from  the  time  of 
filing  the  notice  of  appeal. 

§5.  If,  on  said  final  hearing,  the  boundaries  of  the  proposed  district 
are  defined  and  established,  said  board  shall  make  an  order  dividing 
said  district  into  five  divisions,  as  nearly  equal  in  size  as  may  be  prac- 
ticable, which  shall  be  numbered  first,  second,  third,  fourth  and  fifth,  and 
one  director  shall  be  elected  for  each  division  by  the  electors  thereof; 
provided,  that  if  so  requested  in  said  petition,  the  board  may  order  that 
there  shall  be  only  three  divisions  in  said  district,  and  that  only  three 
directors  be  elected,  or  that  they  be  elected  for  the  district  at  large. 

ELECTION  ON  ORGANIZATION. 
§6.  Said  board  of  supervisors  shall  then  give  notice  of  an  election  to 
be  helil  in  such  proposed  district,  for  the  purpose  of  determining  whether 
or  not  the  same  shall  be  organized  under  the  provisions  of  this  act. 
Such  notice  shall  describe  the  boundaries  so  established,  and  shall  desig- 
nate a  name  for  tlie  proposed  district,  and  said  notice  shall  be  publisiied 
for  at  least  three  weeks  previous  to  such  election,  in  a  newspaper  pub- 
lished within  the  county  in  which  the  petition  for  tlie  organization  of 
the  proposed  district  was  presented;  and  if  any  portion  of  such  proposed 
district  is  within  anotlier  county  or  counties,  then  such  notice  sliall  be 
published  for  the  same  length  of  time  in  a  newspaper  ])ublislied  in 
each  of  said  counties.  Such  notice  shall  require  tiie  electors  to  cast 
ballots,  which  shall  contain  the  words  "Irrigation  District — Yes,"  or 
"Irrigation  District- -No,"  or  words  equivalent  thereto,  and  also  the 
names  of  persons  to  be  voted  for  at  said  election.  For  the  pur])oscs  of 
said  election  the  board  of  supervisors  must  establish  a  convenient  ngnv- 


519  IRRIGATION.  Act  170fi,  §§  7-11 

ber  of  eloction  prooincts  in  said  proposed  distTict,  and  define  the  bound- 
aries of  the  same.  Such  election  shall  be  conducted  as  nearly  as  iirac- 
ticable  in  accordance  with  the  general  election  laws  of  the  state,  but 
no  particular  form  of  ballot  shall  be  required. 

§7.  At  such  election  there  shall  be  elected  a  board  of  directors,  and 
an  assessor,  tax  collector,  and  treasurer;  provided,  that  where  a  con- 
solidation of  officers  as  hereinafter  provided  for  is  deemed  advisable  in 
the  organization  of  a  district,  the  petitioners  may  request  in  their  peti- 
tion for  organization  such  consolidation,  and  tiie  board  of  supervisors 
calling  the  election  shall  in  its  order  therefor  announce  such  consolida- 
tion, and  then  only  one  person  shall  be  elected  to  lill  the  several  ofTiees 
so  consolidated. 

§8.  No  person  sliall  bo  entitled  to  vote  at  any  election  held  under 
the  provisions  of  this  act  unless  he  possesses  all  the  qualifications  re- 
quired of  electors  under  the  general  election  laws  of  the  state. 

§  9.  The  board  of  sujiervisors  shall  meet  on  tho  second  Monday  suc- 
ceeding such  election,  and  shall  proceed  to  canvass  the  votes  cast  thereat, 
and  if  upon  such  canvass  it  appears  that  at  least  two-tiiirds  of  all  tho 
votes  cast  are  "Irrigation  District — Yes,"  said  board  shall,  by  an  orde" 
entered  on  its  minutes,  declare  tho  territory  duly  organized  as  an  ir-,- 
gation  district,  under  tho  name  theretofore  designated,  and  shall  declare 
the  persons  receiving  respectively  the  highest  number  of  votes  at  said 
election  to  be  duly  elected. 

§  10.  Said  board  shall  then  cause  a  copy  of  such  order,  duly  certi- 
fied, to  be  immediately  filed  for  record  in  tho  office  of  the  county  re- 
corder of  any  county  in  which  any  portion  of  the  lands  embraced  in 
such  district  are  situated,  and  must  also  immediately  forward  a  copy 
thereof  to  the  clerk  of  the  boar  1  of  supervisors  of  each  of  said  last- 
mentioned  counties,  and  no  board  of  supervisors  of  any  county  in  which 
any  portion  of  the  lands  embraced  in  such  district  are  situated  shall, 
after  the  date  of  the  organization  thereof,  allow  another  district  to  be 
fornu'd  including  any  jiortion  of  said  lands,  without  the  consent  of  the 
board  of  directors  of  tlic  district  in  which  they  are  situated.  From  and 
after  such  filing,  the  organization  of  such  district  shall  be  complete. 

§  11.  Such  election,  on  organization,  may  be  contested  by  any  person 
owning  jiroperty  within  the  proposed  district  liable  to  assessment;.  The 
directors  elected  at  such  election  shall  be  made  parties  defendant.  Siu'h 
contest  shall  be  brought  in  the  sujierior  court  of  the  county  where  the 
petition  for  organization  is  filed;  provided,  that  if  more  than  one  con- 
test be  pending  they  shall  be  consolidated  and  tried  together.  The 
court  having  jurisdiction  shall  s]ieedily  try  such  contest,  and  determine, 
upon  the  hearing,  whether  the  election  was  fairly  conducted  and  in  sub- 
stantial compliance  with  the  requirements  of  this  act,  and  enter  its 
judgment  accordingly.  Such  contest  must  be  brought  within  twenty 
days  after  the  canvass  of  the  vote  and  declaration  of  the  result  by  the 


Act  1726,  §§  12-14  GENERAL  LAWS.  620 

board  of  supervisors.  The  right  of  appeal  is  hereby  given  to  either 
party  to  the  record  within  thirty  days  from  entry  of  judgment.  The 
appeal  must  be  heard  and  determined  by  the  supreme  court  within 
sixty  days  from  the  time  of  filing  the  notice  of  appeal. 

§  12.  The  officers  elected  at  the  election  hereinbefore  provided  for 
shall  immediately  enter  upon  their  duties  as  such,  upon  qualifying  in 
the  manner  for  such  ofiicers  herein  provided.  Said  officers  shall  hold 
office  respectively  until  their  successors  are  elected  and  qualified. 

DUTIES  AND  POWEES  OF  BOAEDS  OF  DIEECTOES. 
§  13.  The  directors  of  any  district  created  after  the  passage  of  this 
act,  on  the  first  Tuesday  after  their  election,  after  they  shall  have 
qualified,  shall  meet  and  classify  themselves  by  lot  into  two  classes,  as 
nearly  equal  in  number  as  possible,  and  the  term  of  office  of  the  class 
having  the  greater  number  shall  expire  at  the  next  general  February 
election  in  this  act  provided  for;  and  the  term  of  office  of  the  class 
having  the  lesser  number  shall  terminate  at  the  next  general  February 
election  thereafter.  After  such  classification,  said  directors  shall  organ- 
ize as  a  board,  shall  elect  a  president  from  their  number,  and  appoint 
a  secretary,  who  shall  each  hold  office  during  the  pleasure  of  the  board. 
The  salary  of  the  secretary  and  the  amount  of  the  bond  to  be  given  by 
him  for  the  faithful  performance  of  his  duties  shall  be  fixed  by  the 
board  of  directors. 

§  14.  The  board  of  directors  shall  hold  a  regular  monthly  meeting  at 
their  office  upon  such  time  as  they  shall  fix  by  a  resolution  duly  en- 
tered upon  their  minutes,  and  when  the  time  for  such  monthly  meeting 
has  been  fixed  it  cannot  again  be  changed  for  twelve  months  and  it 
can  only  be  changed  upon  resolution,  passed  at  least  two  months  prior 
to  the  time  such  change  shall  take  effect  and  upon  publication  in  a 
newspaper  of  general  circulation  in  the  county  for  at  least  one  week 
prior  to  such  change. 

Such  special  meetings  also  may  be  held  as  may  be  required  for  the 
proper  transaction  of  the  business;  provided,  that  all  special  meetings 
must  be  ordered  by  a  majority  of  the  board.  The  order  must  be  entered 
of  record,  and  five  days'  notice  thereof  must,  by  the  secretary,  be  given 
to  each  member  not  joining  in  the  order.  The  order  must  specify  the 
business  to  be  transacted,  and  no  other  business  than  that  specified 
must  be  transacted  at  such  special  meeting. 

All  meetings  of.  the  board  must  be  public,  and  three  members  shall 
constitute  a  quorum  for  the  transaction  of  business;  provided,  however, 
that  when  the  board  consists  of  three  members  only,  then  in  such  case 
two  shall  constitute  a  quorum  for  the  transaction  of  business,  but  on 
all  questions  requiring  a  vote  there  shall  be  a  concurrence  of  at  least 
the  number  constituting  a  quorum.  All  records  of  the  board  shall  be 
open  to  public  inspection  during  the  business  hours. 

The  board  of  directors  at  their  regular  monthly  meeting  in  January 
of  each  year  shall  render  and  immediately  thereafter  cause   to  be  pub- 


521  IRRIGATION.  Act  1726,  §  15 

listed  a  verified  statement  of  the  financial  condition  of  the  district, 
showing  particularly  the  reccii^ts  and  disbursements  of  the  last  preced- 
ing year,  together  with  the  source  of  such  receipts  and  purpose  of  such 
disbursements.  Said  publications  shall  be  made  at  least  once  a  week 
for  two  weeks,  in  some  newspaper,  published  in  the  county  where  the 
oifice  of  the  board  of  directors  of  such  district  is  situated.  Whenever 
any  act  is  required  to  be  done  or  proceeding  taken  by  this  act,  or  the 
acts  supplemental  or  amendatory  thereto,  on  the  first  Tuesday  in  any 
month,  such  act  may  be  done  or  proceeding  had  upon  the  time  specified 
in  the  resolution,  hereinbefore  referred  to,  as  the  time  for  the  regular 
monthly  meeting  of  such  board;  provided  also,  that  when  the  time  of 
meeting  other  than  the  first  Tuesday  in  the  month  has  been  specified, 
thereafter  the  newly  elected  directors  shall  meet  and  organize  as  a 
board  upon  the  regular  time  fixed  for  the  monthly  meeting  in  March. 
[Amendment  approved  April  19,  1909.     Stats.  1909,  p.  998.] 

§  15.  The  board  shall  have  the  power,  and  it  shall  be  their  duty,  to 
manage  and  conduct  the  business  and  affairs  of  the  district;  make  and 
execute  all  necessary  contracts;  employ  and  appoint  such  agents,  officers, 
and  employees  as  may  be  required,  and  prescribe  their  duties.  The  board 
and  its  agents  and  employees  shall  have  the  right  to  enter  upon  any 
land  to  make  surveys,  and  may  locate  the  necessary  irrigation  works 
and  the  line  for  any  canal  or  canals,  and  the  necessary  branches  for 
the  same,  on  any  lands  which  may  be  deemed  best  for  such  location. 
Said  board  shall  also  have  the  right  to  acquire,  either  by  purchase  or 
condemnation,  or  other  legal  means,  all  lands,  and  waters,  and  water 
rights.,  and  other  property  necessary  for  the  construction,  use,  supply, 
maintenance,  repair,  and  improvements  of  said  canal  or  canals,  and 
works,  including  canals  and  works  constructed  and  being  constructed  by 
private  owners,  lands  for  reservoirs  for  the  storage  of  needful  waters, 
and  all  necessary  appurtenances.  But  no  purchase  of  any  waters,  or 
water  riglits,  or  canals,  or  reservoirs,  or  reservoir  sites,  or  irrigation 
works,  or  other  real  property  of  any  nature  or  kind,  for  any  price  in 
excess  of  ten  thousand  dollars  shall  be  final  or  binding  on  the  district, 
nor  shall  the  purchase  price  thereof  be  paid  until  a  petition  of  a  major- 
ity of  the  holders  of  title,  or  evidence  of  title,  to  lands  within  the 
district,  such  holders  of  title,  or  evidence  of  title,  representing  a  major- 
iiy  in  value  of  said  land,  according  to  the  last  equalized  assessment-roll 
cf  the  district,  shall  have  been  filed  with  the  board  and  an  order  of 
the  board  made  thereon  confirming  such  purchase.  Said  board  may  also 
construct  the  necessary  dams,  reservoirs,  and  works  for  the  collection 
of  water  for  said  district,  and  do  any  and  every  lawful  act  necessary 
to  be  done,  that  sufficient  water  may  be  furnished  to  each  land  owner 
in  said  district  for  irrigation  purposes.  The  said  board  is  hereby  au- 
thorized and  empowered  to  take  conveyances  or  other  assurances  for 
all  property  acquired  by  it  under  the  provisions  of  this  act,  in  the 
name  of  such  irrigation  district,  to  and  for  the  uses  and  purposes  herein 
expressed,  and  to  institute  and  maintain  any  and  all  actions  and  pro- 
ceedings, suits  at  law  or  in  equity,'   necessary  or  proper  in  order  to  fully 


Act  1726,  §§  151/2-17  GENERAL  LAWS.  622 

carry  out  the  provisions  of  this  act,  or  to  enforce,  maintain,  protect,  or 
preserve  any  and  all  rights,  privileges,  and  immunities  created  by  this 
act,  or  acquired  in  pursuance  thereof.  And  in  all  courts,  actions,  suits, 
or  proceedings,  the  said  board  may  sue,  appear,  and  defend  in  person 
or  by  attorneys,  and  in  the  name  of  such  irrigation  district.  It  shall  be  the 
duty  of  said  board  to  establish  equitable  by-laws,  rules,  and  regulations 
for  the  distribution  and  use  of  water  among  the  owners  of  said  lands, 
which  must  be  printed  in  convenient  form  for  distribution  in  the  dis- 
trict. Said  board  shall  have  power  generally  to  perform  all  such  acts 
as  shall  be  necessary  to  fully  carry  out  the  purposes  of  this  act. 

§  15V'2'  The  board  of  directors,  when  they  deem  it  advisable  for  the 
best  interests  of  the  district,  and  the  convenience  of  the  electors  thereof, 
may  at  any  time,  but  not  less  than  sixty  days  before  an  election  to  be 
held  in  the  district,  change  the  boundaries  of  the  divisions  and  election 
precincts  of  the  district;  provided,  such  damages  shall  be  made  to  keep 
each  division  as  nearly  equal  in  area  and  population  as  may  be  prac- 
ticable. Such  change  of  boundaries  of  the  divisions  must  be  shown  on 
the  minutes  of  the  board.  The  board  of  directors  of  any  irrigation  dis- 
trict now  or  that  may  hereafter  be  organized  in  this  state,  shall  also 
have  the  power,  and  such  board  is  hereby  vested  with  authority  to 
lease  the  system  of  canals  and  works  in  the  district,  whenever  such 
leasing  may  be  for  the  benefit  of  the  district;  provided,  that  when  the 
directors  of  any  irrigation  district  contemplate  the  leasing  of  the  canals 
or  works  of  such  district,  they  shall  give  notice  of  such  contemplation 
by  publishing  the  same  in  some  newspaper  published  in  the  county  in 
which  such  irrigation  district  lies,  at  least  three  weeks  prior  to  the 
making  of  any  lease,  and  such  lease  shall  be  made  to  the  highest  bidder. 
But  such  board  shall  have  the  right  to  reject  any  and  all  bids.  Such 
lease  shall  in  no  way  interfere  with  any  rights  that  may  have  been 
established  by  law  at  the  time  such  lease  is  made;  and  further  provided, 
that  the  board  of  directors  shall  require  a  good  and  suflieient  bond  to 
secure  the  faithful  performance  of  the  lease  by  the  lessees.  [New  sec- 
tion approved  March  28,  1901.  Stats.  1901,  p.  815.  In  effect  imme- 
diately.] 

§  16.  In  case  of  condemnation  proceedings  the  board  shall  proceed, 
in  the  name  of  the  district,  under  the  provisions  of  title  seven,  part 
three,  of  the  Code  of  Civil  Procedure. 

WATEB  EEGULATIONS. 
§  17.  The  use  of  all  water  required  for  the  irrigation  of  the  lands  of 
any  district  formed  under  the  provisions  of  this  act,  or  the  act  of  which 
this  is  supplementary  or  amendatory,  together  with  the  riglits  of  way 
for  canals  and  ditches,  sites  for  reservoirs,  and  all  other  property  re- 
quired in  fully  carrying  out  the  provisions  of  this  act,  is  hereby  de- 
clared to  be  a  public  use,  subject  to  the  regulation  and  control  of  the 
state^  H  tke  manner  prescribed  by  law. 


523  IRRIGATION.  Act  172C,  §§  18-20 

§  18.  It  is  hereby  expressly  provicled  that  all  waters  distributed  for 
irrigation  purposes  shall  be  apportioned  ratably  to  each  land  owner 
upon  the  basis  of  the  ratio  which  the  last  assessment  of  such  owner  for 
district  purposes  within  said  district  bears  to  the  whole  sum  assessed 
upon  the  district;  provided,  that  any  land  owner  may  assign  the  right 
to  the  whole  or  any  portion  of  the  waters  so  apportioned  to  him. 

GENERAL  ELECTIONS. 
§  19.  An  election  shall  be  held  in  each  irrigation  district  on  the  first 
Wednesday  in  February,  eighteen  hundred  and  ninety-nine,  and  on  the 
first  Wednesday  in  February  in  each  second  year  thereafter,  at  which 
an  assessor,  a  collector,  and  a  treasurer,  and  directors  for  the  district 
shall  be  elected.  The  person  receiving  the  highest  number  of  votes  for 
any  office  to  be  filled  at  such  election  shall  be  elected  thereto.  The 
assessor,  collector,  and  treasurer  shall  each  hold  office  from  the  first 
Tuesday  in  March  next  after,  for  two  years,  and  until  his  successor  is 
elected  and  qualified.  Within  ten  days  after  receiving  their  certificates 
of  election,  hereinafter  provided  for,  said  officers  shall  take  and  sub- 
scribe the  official  oath,  and  file  the  same  in  the  office  of  the  board  of 
directors,  and  execute  the  bond  hereinafter  provided  for.  The  assessor 
shall  execute  an  official  bond  in  the  sum  of  five  thousand  dollars,  and 
the  collector  an  official  bond  in  the  sum  of  twenty  thousand  dollars,  and 
the  district  treasurer  an  official  bond  in  the  sum  of  fifty  thousand  dol- 
lars; each  of  said  bonds  to  be  approved  by  the  board  of  directors;  pro- 
vided, that  the  board  of  directors  may,  if  it  shall  be  deemed  advisable, 
fix  the  bonds  of  the  treasurer  and  collector,  respectively,  to  suit  the 
conditions  of  the  district,  the  maximum  amount  of  the  treasurer's  bond 
not  to  exceed  fifty  thousand  dollars,  and  the  minimum  amount  thereof 
not  to  be  less  than  ten  thousand  dollars;  and  the  maximum  amount  of 
the  collector's  bond  not  to  exceed  twenty  thousand  dollars,  and  the 
minimum  amount  thereof  not  to  be  less  than  five  thousand  dollars. 
Each  member  of  said  board  of  directors  shall  execute  an  official  bond 
in  the  sum  of  five  thousand  dollars,  which  said  bonds  shall  be  approved 
by  the  judge  of  the  superior  court  of  said  county  where  such  organiza- 
tion was  eifected,  and  shall  be  recorded  in  the  office  of  the  county  re- 
corder thereof,  and  filed  with  the  secretary  of  said  board.  All  official 
bonds  herein  provided  for  shall  be  in  the  form  prescribed  by  law  for 
the  official  bonds  of  county  officers. 

§20.  On  the  first  Tuesday  in  March  next  following  their  election, 
the  directors  who  shall  have  been  elected  at  the  general  February  elec- 
tion, shall  meet  and  organize  as  a  board,  elect  a  president  and  appoint 
a  secretary,  who  shall  each  hold  office  during  the  pleasure  of  the  board. 
And  the  directors  of  districts  now  organized,  who  shall  have  been 
elected  at  the  general  February  election  of  eighteen  hundred  and  ninety- 
nine,  shall,  on  the  first  Tuesday  in  March  next  thereafter,  when  they 
meet  to  organize,  first  classify  themselves  by  lot  into  two  classes  as 
nearly  equal  in  number  as  possible.     And  the  term  of  office  of  the  class 


Act  1726,  §§  21-22a  GENERAL  LAWS.  524 

having  the  greater  number  shall  be  two  years;  and  the  term  of  office 
of  the  lesser  number  shall  be  four  years.  The  full  term  of  office  of 
directors  is  hereby  fixed  at  four  years. 

§  21.  Fifteen  days  before  any  election  held  under  this  act,  subse- 
quent to  the  organization  of  any  district,  the  secretary  of  the  board  of 
directors  shall  cause  notices  to  be  posted  in  three  public  places  in  each 
election  precinct,  of  the  time  and  place  of  holding  the  election,  and 
shall  also  post  a  general  notice  of  the  same  in  the  office  of  said  board, 
which  shall  be  established  and  kept  at  some  fixed  place,  to  be  deter- 
mined by  said  board,  specifying  the  polling-places  of  each  precinct. 
Prior  to  the  time  for  posting  the  notices,  the  board  must  appoint  for 
each  precinct,  from  the  electors  thereof,  one  inspector  and  two  judges, 
who  shall  constitute  a  board  of  election  for  such  precinct.  If  the 
board  fail  to  appoint  a  board  of  election,  or  the  members  appointed  do 
not  attend  at  the  opening  of  the  polls  on  the  morning  of  election,  the 
electors  of  the  precinct  present  at  that  hour  may  appoint  the  board,  or 
supply  the  place  of  an  absent  member  thereof.  The  board  of  directors 
must,  in  its  order  appointing  the  board  of  election,  designate  the  house 
or  place  within  the  precinct  where  the   election  must   be   held. 

§22.  The  inspector  is  chairman  of  the  election  board  and  may  ad- 
minister all  oaths  required  in  the  process  of  an  election;  and  appoint 
judges  and  clerks,  if,  during  the  progress  of  the  election,  any  judge  or 
clerk  cease  to  act.  Any  member  of  the  board  of  e.lection,  or  any  clerk 
thereof,  may  administer  and  certify  oaths  required  to  be  administered 
during  the  progress  of  an  election.  The  board  of  election  of  each  pre- 
cinct must,  before  opening  the  polls,  appoint  two  persons  to  act  as  clerks 
of  the  election.  Before  opening  the  polls,  each  member  of  the  board 
and  each  clerk  must  take  and  subscribe  an  oath  to  faithfully  perform 
the  duties  imposed  upon  them  by  law.  Any  elector  of  the  precinct  may 
administer  and  certify  such  oath.  The  polls  must  be  opened  at  S  A.  M. 
on  the  morning  of  the  election,  and  be  kept  open  until  4  P.  M.,  when  the 
same  must  be  closed.  [Amendment  approved  April  22,  1909.  Stats. 
1909,  p.  1062.] 

§  22a.  The  ballot  used  at  the  election  shall  be  provided  by  the  board 
of  directors,  and  one  of  the  clerks  of  election  shall  deliver,  to  each  of  the 
electors,  one  of  the  ballots  so  provided.  The  ballots  shall  have  printed 
on  them  the  names  of  all  candidates  whose  names  have  been  filed  as 
provided  in  this  act,  with  a  voting  square  behind  each  name.  The 
names  shall  be  arranged  in  groups,  alpabetically,  under  the  designati'on 
of  the  office  for  which  each  person  named  is  a  candidate.  Where  more 
than  one  person  is  to  be  elected  for  an  office  of  the  same  title,  the  words 

"Vote  for  (inserting  the   proper  number)"  shall  be   printed   under 

the  title  of  the  office.  Each  elector  shall  stamp  a  cross,  with  a  rubber 
stamp  to  be  provided  by  the  board  of  directors,  in  the  square  behind  the 
name  of  each  candidate  he  wishes  to  vote  for.  [New  section  approved 
April  22,  1909.     Stats.  1909,  p.  10C2.] 


525  IRRIGATION.  Act  1276,  §§  22b-24 

§  22b.  Not  less  than  ten  days  before  the  election,  any  ten  or  more 
electors  in  the  district  may  file  with  the  board  of  directors  a  petition, 
requesting  that  certain  persons,  specified  in  such  petition  be  placed  on 
the  ballot  as  candidates  for  the  office  named  in  the  petition.  The  names 
proposed  by  the  various  petitions  so  filed,  and  no  others,  shall  be  printed 
on  the  ballots.  But  there  shall  be* sufficient  blank  spaces  left  in  which 
electors  may  write  other  names  if  they  so  desire.  The  petitions  shall 
be  preserved  in  the  office  of  the  secretary  of  the  district.  [New  section 
approved  April  22,  1909.     Stats.  1909,  p.  1063.] 

§23.  Voting  may  commence  as  soon  as  the  polls  are  opened,  and  may 
be  continued  during  all  the  time  the  polls  remain  opened,  and  shall  be 
conducted,  as  nearly  as  practicable,  in  accordance  with  the  provisions 
of  the  general  election  laws  of  this  state.  As  soon  as  all  the  votes  are 
counted,  a  certificate  shall  be  drawn  up  on  each  of  the  papers  contain- 
ing the  poll  lists  and  tallies,  or  attached  thereto,  stating  the  number  of 
votes  each  one  voted  for  has  received,  and  designating  the  office  to  fill 
which  he  was  voted  for,  which  number  shall  be  written  in  figures  and  in 
words  at  full  length.  Each  certificate  shall  be  signed  by  the  clerk,  judge, 
and  the  inspector.  One  of  said  certificates,  with  the  poll  list  and  the 
tally  paper  to  which  it  is  attached,  shall  be  retained  by  the  inspector, 
and  preserved  by  him  at  least  six  months.  The  ballots  shall  be  strung 
upon  a  cord  or  thread  by  the  inspector,  during  the  counting  thereof,  in 
the  order  in  which  they  are  entered  upon  the  tally  list  by  the  clerks;  and 
said  ballots  together  with  the  other  of  said  certificates,  with  the  poll 
list  and  tally  paper  to  which  it  is  attached,  shall  be  sealed  by  the 
inspector  in  the  presence  of  the  judges  and  clerks,  and  indorsed  "Election 
returns  of  (naming  the  precinct)  precinct,"  and  be  directed  to  the  secre- 
lavy  of  the  board  of  directors,  and  shall  be  immediately  delivered  by 
the  inspector,  or  by  some  other  safe  and  responsible  carrier  designated 
by  said  inspector,  to  said  secretary,  and  the  ballots  shall  be  kept  un- 
opened for  at  least  six  months;  and  if  any  person  be  of  the  opinion  that 
the  vote  of  any  precinct  has  not  been  correctly  counted,  he  may  appear 
on  the  day  appointed  for  the  board  of  directors  to  open  and  canvass  the 
returns,  and  demand  a  recount  of  the  vote  of  the  precinct  that  is  so 
claimed  to  have  been  incorrectly  counted. 

§24.  No  list,  tally  paper,  or  certificate  returned  from  any  election, 
shall  be  set  aside  or  rejected  for  want  of  form,  if  it  can  be  satisfactorily 
understood.  The  board  of  directors  must  meet  at  its  usual  place  of  meet- 
ing on  the  first  Monday  after  each  election  to  canvass  the  returns.  If, 
at  the  time  of  meeting,  the  returns  from  each  precinct  in  the  district  in 
which  the  polls  were  opened  have  been  received,  the  board  of  directors 
must  then  and  there  proceed  to  canvass  the  returns;  but  if  all  the  returns 
have  not  been  received,  the  canvass  must  be  postponed  from  day  to  day 
until  all  the  returns  have  been  received,  or  until  six  postponements  have 
been  had.  The  canvass  must  be  made  in  public  and  by  opening  the 
returns  and  estimating  the  vote  of  the  district  for  each  person  voted  for, 
and  declaring  the  result  thereof. 


Act  1726,  §§  25-29  GENERAL  LAWS.  626 

§  25.  The  secretary  of  the  board  of  directors  must,  as  soon  as  the  re- 
sult is  declared,  enter  in  the  records  of  such  board  a  statement  of  such 
result,  which  statement  must  show:  (a)  The  whole  number  of  votes  cast 
in  the  district,  and  in  each  division  of  the  district;  (b)  the  names  of 
the  persons  voted  for;  (c)  the  office  to  fill  which  each  person  was  voted 
for;  (d)  the  number  of  votes  given  it  each  precinct  to  each  of  such  per- 
sons; (e)  the  number  of  votes  given  in  each  division  for  the  office  of 
director,  and  the  number  of  votes  given  in  the  district  for  the  offices  of 
assessor,  collector,  and  treasurer.  The  board  of  directors  must  declare 
elected  the  persons  having  the  highest  number  of  votes  given  for  each 
office.  The  secretary  must  immediately  make  out  and  deliver  to  such 
person  a  certificate  of  election,  signed  by  him,  and  authenticated  with 
the  seal  of  the  board. 

In  ease  of  a  vacancy  in  the  office  of  assessor,  collector,  or  treasurer, 
the  vacancy  shall  be  filled  by  appointment  of  the  board  of  directors; 
provided,  that  if  said  board  of  directors  shall  neglect  or  refuse  to  make 
such  appointment  within  a  period  of  forty  days,  then  the  board  of  super- 
visors of  the  county  wherein  the  office  of  said  board  of  directors  is 
situated  shall  make  such  appointment.  In  case  of  a  vacancy  in  the  office 
of  director,  the  vacancy  shall  be  filled  by  appointment  by  the  board  of 
supervisors  of  the  county  where  the  office  of  such  board  of  directors  is 
situated,  from  the  division  in  which  the  vacancy  occurred.  An  officer 
appointed  as  above  provided  shall  hold  his  office  until  the  next  regular 
election  for  said  district,  and  until  his  successor  is  elected  and  qualified. 

§26.  A  director  shall  be  a  resident  and  freeholder  of  the  irrigation 
district,  but  not  necessarily  of  the   division  for  which   he  is   elected. 

§27.  The  board  of  directors  may,  in  its  discretion,  consolidate  any 
two  or  more  of  the  offices  of  assessor,  collector,  and  treasurer.  The  oraer 
of  consolidation  must  be  made  at  least  thirty  days  prior  to  general  elec- 
tion of  the  district,  and  shall  take  effect  at  the  next  succeeding  election; 
provided,  that  the  board  of  directors  may,  at  least  thirty  days  before  a 
general  election  of  the  district,  where  the  offices  have  been  consolidated, 
segregate  the  same,  each  office  to  be  filled  at  such  election. 

§  28.  In  any  district  the  board  of  directors  thereof  may,  upon  the 
presentation  of  a  petition  therefor,  by  a  majority  of  the  holders  of  title, 
or  evidence  of  title,  of  said  district,  evidenced  as  above  provided,  order 
that  on  and  after  the  next  ensuing  general  election  for  the  district,  there 
shall  be  either  three  or  five  directors,  as  said  board  may  order,  and  they 
shall  be  elected  by  the  district  at  large,  or  by  divisions,  as  so  petitioned 
and  ordered;  and  after  such  order  such  directors  shall  be  so  elected. 

TITLE  TO  PROPERTY. 
§  29.  The  legal  title  to  all  property  acquired  under  the  provisions  of 
this  act  shall  immediately  and  by  operation  of  law  vest  in  such  irrigation 
district,  and  shall  be  held  by  such  district,  in  trust  for,  and  is  hereby 
dedicated  and  set  apart  to  the  uses  and  purposes  set  forth  in  this  act. 
And  said  board  is  hereby  authorized  and  empowered  to  hold,  use,  acquire, 


527  IRRIGATION.  Act  1726,  §  30 

manage,  occupy  and  posses  said  property,  as  herein  provided.  The  board 
of  directors  may  determine  by  resolution  duly  entered  upon  their  minutes 
that  any  property,  real  or  personal,  held  by  such  irrigation  district  is 
no  longer  necessary  to  be  retained  for  the  uses  and  purposes  thereof, 
and  may  thereafter  sell  such  property;  and  a  conveyance  of  any  property 
held  by  an  irrigation  district,  executed  by  the  president  and  secretary 
thereof,  in  accordance  with  a  resolution  of  the  board  of  directors  of  such 
district,  when  sold  for  a  valuable  consideration,  shall  convey  good  title 
to  the  property  so  conveyed.  [Amendment  approved  April  22,  1909. 
Stats.  1909,  p.  1075.] 

ISSUANCE  OF  BONDS. 
§  30.  For  the  purpose  of  constructing  necessary  irrigating  canals  and 
works,  and  acquiring  the  necessary  property  and  rights  therefor,  and 
otherwise  carrying  out  the  provisions  of  this  act,  the  board  of  directors 
of  any  such  district,  must,  as  soon  after  such  district  has  been  organized 
as  may  be  practicable,  and  also  whenever  thereafter  the  construction 
fund  has  been  exhausted  by  expenditures  herein  authorized  therefrom 
and  it  is  necessary  to  raise  additional  money  for  said  purposes,  estimate 
and  determine  the  amount  of  money  necessary  to  be  raised.  And  there- 
after said  board  when  petitioned  by  a  ma.iority  of  the  holders  of  title, 
or  evidence  of  title,  to  lands  within  the  district,  such  holders  of  title, 
or  evidence  of  title,  representing  a  majority  in  value  of  said  lands 
according  to  the  equalized  assessment-roll  of  the  district  if  such  has 
theretofore  been  made,  and  if  such  has  not  been  made,  then  according 
to  the  equalized  county  assessment-roll  covering  the  lands  of  such  district, 
shall  immediately  call  a  special  election,  at  which  shall  be  submitted  to 
the  electors  of  such  district,  possessing  the  qualifications  prescribed  by 
this  act,  the  question  whether  or  not  the  bonds  of  said  district  in  the 
amount  as  set  forth  in  said  petition  shall  be  issued.  Notice  of  such 
election  must  be  given  by  posting  notices  in  three  public  places  in  each 
election  precinct  in  said  district  for  at  least  twenty  days,  and  also  by 
publication  of  such  notice  in  some  newspaper  published  in  the  county 
where  the  office  of  the  board  of  directors  of  such  district  is  required  to 
be  kept,  once  a  week  for  at  least  three  successive  weeks.  Such  notices 
must  specify  the  time  of  holding  the  election,  the  amount  of  bonds  pro- 
posed to  be  issued;  and  said  election  must  be  held  and  the  result  thereof 
determined  and  declared  in  all  respects  as  nearly  as  practicable  in  con- 
formity with  the  provisions  of  this  act  governing  the  election  of  officers; 
provided,  that  no  informalities  in  conducting  such  an  election  shall  invali- 
date the  same  if  the  election  shall  have  been  otherwise  fairly  conducted. 
At  such  election  the  ballots  shall  contain  the  words  "Bonds — Yes,"  or 
"Bonds — No,"  or  words  equivalent  thereto.  If  a  majority  of  the  votes 
cast  are  "Bonds — Yes,"  the  board  of  directors  shall  cause^  bonds  in  said 
amount  to  be  issued;  if  a  majority  of  the  votes  cast  at  any  bond  election 
are  "Bonds — No,"  the  result  of  such  election  shall  be  so  declared  and 
entered  of  record.  Whenever  thereafter  a  petition  of  the  character 
hereinbefore  provided  for  in  this  section  is  presented  to  the  board  it  shall 
so   declare   of  record  in   its   minutes,   and  shall   thereupon   submit  such 


Act  1726,  §§  31,  32  GENERAL  LAWS.  528 

questions  to  said  electors  in  the  same  manner  and  with  like  effect  as  at 
such  previous  election. 

§31.  All  bonds  issued  under  the  provisions  of  this  act  shall  be  payable 
in  gold  coin  of  the  United  States,  in  ten  series,  as  follows,  to  wit:  At 
the  expiration  of  twenty-one  years  five  per  cent  of  the  whole  number  of 
said  bonds;  at  the  expiration  of  twenty-two  years,  six  per  cent;  at  the 
expiration  of  twenty-three  years,  seven  per  cent;  at  the  expiration  of 
twenty-four  years,  eight  per  cent;  at  the  expiration  of  twenty-five  years, 
nine  per  cent;  at  the  expiration  of  twenty-six  years,  ten  per  cent;  at  the 
expiration  of  twenty-seven  years,  eleven  per  cent;  at  the  expiration  of 
twenty-eight  years,  thirteen  per  cent;  at  the  expiration  of  twenty-nine 
years,  fifteen  per  cent;  and  at  the  expiration  of  thirty  years,  sixteen  per 
cent;  that  the  several  enumerated  percentages  being  of  the  entire  amount 
of  the  bond  issue,  but  each  bond  must  be  made  payable  at  a  given  time 
for  its  entire  amount  and  not  for  a  percentage.  Said  bonds  shall  bear 
interest  at  the  rate  of  five  per  cent  per  annum,  payable  semi-annually, 
on  the  first  day  of  January  and  July  of  each  year.  The  principal  and 
interest  shall  be  payable  at  the  place  designated  therein.  Said  bonds 
shall  be  each  of  the  denomination  of  not  less  than  one  hundred  dollars 
nor  more  than  five  hundred  dollars;  shall  be  negotiable  in  form,  signed 
by  the  president  and  secretary,  and  the  seal  of  the  board  of  directors 
shall  be  affixed  thereto.  Each  issue  shall  be  numbered  consecutively 
as  issued,  and  the  bonds  of  each  issue  shall  be  numbered  consecutively, 
and  bear  date  at  the  time  of  their  issue.  Coupons  for  the  interest  shall 
be  attached  to  each  bond,  signed  by  the  secretary.  Said  bonds  shall 
express  on  their  face  that  they  were  issued  by  authority  of  this  act, 
stating  its  title  and  date  of  approval,  and  shall  also  so  state  the  number 
of  the  issue  of  which  sucli  bonds  are  a  part.  The  secretary  shall  keep 
a  record  of  the  bonds  sold,  their  number,  the  date  of  sale,  the  price 
received,  and  the  name  of  the  purchaser, 

§  32.  The  board  may  sell  said  bonds  from  time  to  time  in  such  quan- 
tities as  may  be  necessary  and  most  advantageous,  to  raise  money  for 
the  construction  of  said  canals  and  works,  the  acquisition  of  said  prop- 
erty and  rights,  and  otherwise  to  fully  carry  out  the  objects  and  pur- 
poses of  this  act.  Before  making  any  sale  the  board  shall,  at  a  meeting, 
by  resolution,  declare  its  intention  to  sell  a  specified  amount  of  the 
bonds,  and  the  day  and  hour  and  place  of  such  sale,  and  shall  cause  such 
resolution  to  be  entered  in  the  minutes,  and  notice  of  the  sale  to  be 
given,  by  publication  thereof  at  least  three  weeks,  in  some  newspaper 
published  m  the  county  where  the  office  of  the  board  of  directors  is 
located,  and  in  any  other  newspaper,  at  its  discretion.  The  notice  shall 
state  that  sealed  proposals  will  be  received  by  the  board  at  their  office, 
for  the  purchase  of  bonds,  till  the  day  and  hour  named  in  the  resolution. 
At  the  time  appointed  the  board  shall  open  the  proposals,  and  award 
the  purchase  of  the  bonds  to  the  highest  responsible  bidder;  provided, 
however,  that  they  may  reject  all  bids.  Said  board  shall  in  no  event  sell 
any  of  the  said  bonds  for  less  than  the  par  value  thereof. 


529  IRRIGATION.  Act  1726,  §§  33-35 

§33.  Said  bonds,  and  the  interest  thereon,  shall  be  paid  by  revenue 
derived  from  an  annual  assessment  upon  the  real  property  of  the  district; 
and  all  the  real  property  in  the  district  shall  be  and  remain  liable  to 
be  assessed  for  such  payments,  as  hereinafter  provided. 

ASSESSMENT  FOE  COMPLETION  OF  WORKS. 

§  34.  In  case  the  money  raised  by  the  sale  of  bonds  issued  be  insuf- 
ficient or  in  case  the  bonds  be  unavailable  for  the  completion  of  the  plan 
of  canal  and  works  adopted,  and  additional  bonds  be  not  voted,  it  shall 
be  the  duty  of  the  board  of  directors  to  provide  for  the  completion  of 
said  plan  by  levy  of  assessments  therefor;  provided,  however,  that  such 
levy  of  assessments  shall  not  be  made  except  first  an  estimate  of  the 
amount  required  for  such  purposes  has  been  made  by  said  board,  and 
the  question  as  to  the  making  of  said  levy  submitted  to  a  vote  of  the 
electors  of  the  district.  Before  such  question  is  submitted  the  order 
of  submission  shall  be  entered  in  the  minutes  of  the  board,  stating  the 
amount  to  be  levied  and  the  purpose  therefor,  and  if  submitted  at  a 
special  election  said  order  shall,  in  addition,  fix  the  day  of  election. 
Notice  of  such  election  must  be  given  by  posting  notices  in  three  public 
places  in  each  election  precinct  in  said  district  for  at  least  twenty  days, 
and  also  by  publication  of  such  notice  in  some  newspaper  published  in 
the  county  where  the  office  of  the  board  of  directors  of  such  district 
is  required  to  be  kept,  once  a  week  for  at  least  three  successive  weeks. 
Such  notices  must  specify  the  time  of  holding  the  election,  and  the 
amount  of  assessment  proposed  to  be  levied.  Said  election  must  be 
held  and  the  result  thereof  determined  and  declared  in  all  respects  as 
nearly  as  practicable  in  conformity  with  the  provisions  of  tliis  act 
governing  the  election  of  officers;  provided,  that  no  informalities  in  con- 
ducting such  an  election  shall  invalidate  the  same,  if  the  election  shall 
have  been  otherwise  fairly  conducted.  At  such  election  the  ballots  shall 
contain  the  words  "Assessment — Yes,"  or  "Assessment — No,"  or  words 
equivalent  thereto.  If  a  majority  of  the  votes  cast  are  "Assessment — 
Yes,"  the  board  of  directors  shall  cause  an  assessment  in  the  amount 
named  in  the  order  of  submission  to  be  levied;  if  a  majority  of  the  votes 
cast  are  "Assessment — No,"  the  result  of  such  election  shall  be  so  declared 
and  entered  of  record. 

DUTIES  OF  THE  ASSESSOR. 
§35.  The  assessor  must,  between  the  first  Monday  in  March  and  the 
first  Monday  in  June,  in  each  year,  assess  all  real  estate  in  the  district, 
to  the  persons  who  own,  claim  or  have  possession  or  control  thereof,  at 
its  full  cash  value,  as  follows:  He  must  prepare  an  assessment-book, 
with  appropriate  headings,  in  wliich  must  be  listed  all  such  property 
within  the  district,  in  which  must  be  specified,  in  separate  columns, 
under  the  appropriate  head:  (1)  the  name  of  the  person  to  whom  the 
property  is  assessed.  If  the  name  is  not  known  to  the  assessor,  the 
property  shall  be  assessed  to  "unknown  owners";  (2)  land  by  township, 
range,  section  or  fractional  section,  and  when  such  land  is  not  a  con- 
Gen.  Laws — 34 


Act  1726,  §§  36-38  GENERAL  LAWS.  530 

gressional  division  or  subdivision,  by  metes  and  bound's,  or  other  descrip- 
tion sufficient  to  identify  it,  giving  an  estimate  of  the  number  of  acres 
and  locality;  (3)  city  and  town  lots,  naming  the  city  or  town,  and  the 
number  and  block,  according  to  the  system  of  numbering  in  such  city 
or  town;  (4)  the  cash  value  of  real  estate,  other  than  city  or  town  lots; 
(5)  the  cash  value  of  city  and  town  lots;  (6)  the  total  value  of  all  prop- 
erty assessed;  (7)  the  total  value  of  all  property  after  equalization  by 
the  board  of  directors;  (8)  such  other  things  as  the  board  of  directors 
may  require.  Improvements  on  any  land's  or  town  lots  within  such 
district,  shall  be  exempt  from  taxation  for  any  of  the  purposes  men- 
tioned in  this  act.  Any  property  which  may  have  escaped  the  payment 
of  any  assessment  for  any  year,  shall,  in  addition  to  the  assessment  for 
the  then  current  year,  be  assessed  for  such  year  with  the  same  effect 
and  with  the  same  penalties  as  are  provided  for  in  such  current  year. 
(The  term  improvements  as  used  in  this  section  includes  trees,  vines, 
alfalfa  and  all  growing  crops  and  all  buildings  and  structures  of  what- 
ever class,  or  description  erected  or  being  erected  upon  said  lands  or 
city  or  town  lots.)  Provided  that  the  provisions  of  this  section  relating 
to  the  exemption  of  improvements  on  any  lands  or  town  lots  situated 
within  the  district  shall  be  exempt  from  taxation,  shall  not  apply  in 
any  district  now  organized  unless  said  provision  shall  be  approved  by 
a  vote  of  a  majority  of  the  resident  holders  of  title  to  lands  situated 
within  the  district  and  subject  to  taxation  therein  at  a  special  election 
called  for  the  purpose  of  making  said  provision  herein  applicable. 
[Amendment  approved  March   19,  1909.     Stats.  1909,  p.  461.] 

§  36.  The  board  of  directors  must  allow  the  assessor  as  many  deputies, 
to  be  appointed  by  him,  as  will,  in  the  judgment  of  the  board,  enable 
him  to  complete  the  assessment  within  the  time  herein  prescribed.  The 
board  must  fix  the  compensation  of  such  deputies,  which  shall  be  paid 
out  of  the  treasury  of  the  district.  The  compensation  must  not  exceed 
five  dollars  per  day  for  each  deputy,  for  the  time  actually  engaged,  nor 
must  any  allowance  be  made  but  for  work  done  between  the  first  Monday 
in  March  and  the  first  Monday  in  August  in  each  year. 

§  37.  On  or  before  the  first  Monday  in  August  in  each  year,  the 
assessor  must  complete  his  assessment  book,  and  deliver  it  to  the  secre- 
tary of  the  board,  who  must  immediately  give  notice  thereof,  and  of  the 
time  the  board  of  directors,  acting  as  a  board  of  equalization,  will  meet 
to  equalize  assessments,  by  publication  in  a  newspaper  published  in 
each  of  the  counties  comprising  the  district.  The  time  fixed  for  the 
meeting  shall  not  be  less  than  twenty  nor  more  than  thirty  days  from 
the  first  publication  of  the  notice;  and  in  the  mean  time  the  assessment- 
book  must  remain  in  the  office  of  the  secretary  for  the  inspection  of  all 
persons  interested. 

EQUALIZATION  OP  ASSESSMENT. 
§  38.     Upon  the  day  specified  in  the  notice  required  by  the  preceding 
section  for  the  meeting,  the  board  of   directors,  which  is  hereby  con- 


531  IRRIGATION,  Act  1726,  §§  39-41 

stituted  a  board  of  equalization  for  that  purpose,  shall  meet  and  continue 
in  session  from  time  to  time,  as  long  as  may  be  necessary,  not  to  exceed 
ten  days,  exclusive  of  Sundays,  to  hear  and  determine  such  objections 
to  the  valuation  and  assessment  as  may  come  before  them;  and  the  board 
may  change  the  valuation  as  may  be  just.  The  secretary  of  the  board 
shall  be  present  during  its  sessions,  and  note  all  changes  made  in  the 
valuation  of  property,  and  in  the  names  of  the  persons  whose  property 
is  assessed;  and  within  ten  days  after  the  close  of  the  session  he  shall 
have  the  total  values,  as  finally  equalized  by  the  board,  extended  into 
columns  and  added. 

LEVY  OF  AND   COLLECTION   OF  TAXES. 

§  39.  The  board  of  directors  shall  then  levy  an  assessment  sufficient 
to  raise  the  annual  interest  on  the  outstanding  bonds,  and  in  any  year 
in  which  any  bonds  shall  fall  due  must  increase  such  assessment  to  an 
amount  sufficient  to  raise  a  sum  sufficient  to  pay  the  principal  of  the 
outstanding  bonds  as  they  mature;  also  sufficient  to  pay  in  full  the 
amount  of  any  other  contract  or  obligation  of  the  district  which  shall 
have  been  reduced  to  judgment.  The  secretary  of  the  board  must  com- 
pute and  enter  in  a  separate  column  of  the  assessment-book  the  respective 
sums  in  dollars  and  cents  to  be  paid  as  an  assessment  on  the  property 
therein  enunierated.  When  collected,  the  assessment  shall  be  paid  into 
the  district  treasury  and  be  apportioned  to  the  several  proper  funds. 

In  case  of  the  neglect  or  refusal  of  the  board  of  directors  to  cause 
such  assessment  and  levies  to  be  made  as  in  this  act  provided,  then  the 
assessment  of  property  made  by  the  county  assessor  and  the  state  board' 
of  equalization  shall  be  adopted  and  shall  be  the  basis  of  assessment  for 
the  district  and  the  board  of  supervisors  of  the  county  in  which  the 
office  of  the  board  of  directors  is  situated  shall  cause  an  assessment-roll 
for  said  district  to  be  prepared,  and  shall  make  the  levy  required  by 
this  act,  in  the  same  manner  and  with  like  effect  as  if  the  same  had  been 
made  by  said  board  of  directors,  and  all  expenses  incident  thereto  shall 
be  borne  by  such  district.  In  case  of  the  neglect  or  refusal  of  the  col- 
lector or  treasurer  of  the  district  to  perform  the  duties  imposed  by  law, 
then  the  tax  collector  and  treasurer  of  the  county  in  which  the  office 
of  the  board  of  directors  is  situated  must,  respectively,  perform  such 
duties,  and  shall  be  accountable  therefor  upon  -their  official  bonds  as  in 
other  cases.  [Amendment  approved  February  22,  1909.  Stats.  1909, 
p.  46.     In  effect  immediately.] 

§  40.  The  assessment  upon  real  property  is  a  lien  against  the  property 
assessed  from  and  after  the  first  Monday  in  March  for  any  year,  and 
the  lien  for  the  bonds  of  any  issue  shall  be  a  preferred  lien  to  that  for 
any  subsequent  issue,  and  such  lien  is  not  removed  until  the  assessments 
are  paid,  or  the  property  sold  for  the  payment  thereof. 

§  41.  On  or  before  the  first  day  of  November,  the  secretary  must 
deliver  the  assessment-book  to  the  collector  of  the  district,  who  shall 
within  twenty  days  publish  a  notice,  in  g,  newspaper  published  in  each 


Act  1726,  §§  42,  43  GENERAL  LAWS.  533 

county  in  which  any  portion  of  the  district  may  lie,  that  said'  assess- 
ments are  due  and  payable,  and  will  become  delinquent  at  6  o'clock 
P.  M.  on  the  last  Monday  of  December  next  thereafter,  and  thac 
unless  paid  prior  thereto,  five  per  cent  will  be  added  to  the  amount 
thereof,  and  also  the  time  and  place  at  which  payment  of  assessments 
may  be  made,  which  notice  shall  be  published  for  the  period  of  two 
weeks.  The  collector  must'  attend  at  the  time  and  place  specified  in 
the  notice,  to  receive  assessments,  which  must  be  paid  in  gold  and  silver 
coin;  he  must  mark  the  date  of  payment  of  any  assessment  in  the  assess- 
ment-book, opposite  the  name  of  the  person  paying,  and  give  a  receipt 
to  such  person,  specifying  the  amount  of  the  assessment  and  the  amount 
paid,  with  a  description  of  the  property  assessed.  Ou  the  last  Monday 
in  December,  at  6  o'clock  P.  M.  of  each  year,  all  unpaid  assessments 
are  delinquent,  and  thereafter  the  collector  must  collect  thereon,  for  the 
use  of  the  district,  an  addition  of  five  per  cent. 

PUBLICATION  OF  DELINQUENT  NOTICE. 
§  42.  On  or  before  the  first  day  of  February,  the  collector  must  pub- 
lish the  delinquent  list,  which  must  contain  the  names  of  the  persons 
and  a  description  of  the  property  delinquent,  and  the  amount  of  the 
assessments  and  costs  due  opposite  each  name  and  description.  He  must 
append  to  and  publish  with  the  delinquent  list  a  notice,  that  unless  the 
assessments  delinquent,  together  with  costs  and  percentage,  are  paid, 
the  real  property  upon  which  such  assessments  are  a  lien  will  be  sold 
at  public  auction.  The  publication  must  be  made  once  a  week  for  three 
successive  weeks,  in  a  newspaper  published  in  the  county  in  which  the 
property  delinquent  is  situated;  provided,  that  if  any  property  assessed 
to  the  same  person  or  corporation  shall  lie  in  more  than  one_county,  then 
such  publication  may  be  made  in  any  county  in  which  any  portion  of 
such  property  may  lie.  The  publication  must  designate  the  time  and 
place  of  sale.  The  time  of  sale  must  not  be  less  than  twenty-one  nor 
more  than  twenty-eight  days  from  the  first  publication,  and  the  place 
must  be  at  some  point  designated  by  the  collector,  within  the  district; 
provided,  however,  that  if  there  should  occur  any  error  in  the  publication 
of  the  sale  of  the  delinquent  property,  which  might  invalidate  a  sale 
made  thereunder,  and  such  error  is  discovered  prior  to  sale  thereunder 
the  collector  shall  at  once  republish  the  sale  of  the  property  affected  by 
such  error,  making  such  republication  conform  to  the  provisions  of  this 
law,  and  the  time  of  sale  designated  in  such  republication  must  not  be 
less  than  twenty-one  nor  more  than  twenty-eight  days  from  the  first 
republication;  and  the  place  of  sale  must  be  at  some  point  designated 
by  the  collector  within  the  district,  and  stated  in  such  republication. 

SALE  FOR  DELINQUENT  TAXES. 

§  43.     The  collector  must  collect,  in  addition  to  the  assessments  due  on 

the  delinquent  list  and  five  per  cent  added,  fifty  cents  on  each  lot,  piece, 

or  tract  of  land  separately  assessed.     On  the  day  fixed  for  the  sale,  or 

some  subsequent  day  to  which  he  may  have  postponed  it,  of  which  he 


533  IRRIGATION.  Act  1726,  §§  44,  45 

must  give  notice,  the  collector,  between  the  hours  of  10  A.  M.  and 
3  o'clock  P.  M.,  must  commence  the  sale  of  the  property  advertised, 
commencing  at  the  head  of  the  list  and  continuing  alphabetically,  or  in 
the  numerical  order  of  the  lots  or  blocks,  until  completed.  He  may 
postpone  the  day  of  commencing  the  sales,  or  the  sale,  from  day  to  day, 
but  the  sale  must  be  completed  within  three  weeks  from  the  day  first 
fixed;  provided,  that  if  any  sale  or  sales  shall  be  stayed  by  legal  pro- 
ceedings, the  time  of  the  continuance  of  such  proceedings  is  not  part 
of  the  time  limited  for  making  such  sale  or  sales;  and  provided  further, 
that  in  any  district  where  the  validity  of  any  assessment  shall  be  in 
litigation  at  the  time  this  act  shall  take  effect,  the  sale  of  any  property, 
whether  it  be  involved  in  such  litigation  or  not,  may  be  postponed  for 
a  time  not  to  exceed  four  months. 

§  44.  The  owner  or  person  in  possession  of  any  real  estate  offered  for 
sale  for  assessments  due  thereon  may  designate,  in  writing,  to  the  col- 
lector, prior  to  the  sale,  what  portion  of  the  property  he  wishes  sold, 
if  less  than  the  whole;  but  if  the  owner  or  possessor  does  not,  then  the 
collector  may  designate  it  and  the  person  who  will  take  the  least  quan- 
tity of  the  land,  or  in  case  an  undivided  interest  is  assessed,  then  the 
smallest  portion  of  the  interest,  and  pay  the  assessments  and  costs  due, 
including  two  dollars  for  the  duplicate  certificate  of  sale,  is  the  pur- 
chaser. If  the  purchaser  does  not  pay  the  assessments  and  costs  before 
10  o'clock  A.  M.  the  following  day,  the  property  on  the  next  sale  day 
must  be  resold  for  the  assessments  and  costs.  But  in  case  there  is  no 
purchaser  in  good  faith  for  the  same  on  the  first  day  that  the  propeity 
is  offered  for  sale,  then,  when  the  property  is  offered  thereafter  for  sale, 
and  there  is  no  purchaser  in  good  faith  for  the  same,  the  whole  amount 
of  the  property  assessed  shall  be  struck  off  to  the  irrigation  district 
within  which  such  lands  are  situated  as  the  purchaser,  and  the  duplicate 
certificate  delivered  to  the  treasurer  of  the  district,  and  filed  by  him  in 
his  office.  No  charge  shall  be  made  for  the  duplicate  certificate  where 
the  district  is  the  purchaser,  and,  in  such  case,  the  collector  shall  make 
an  entrj'-,  "Sold  to  the  district,"  and  he  shall  be  credited  with  the  amount 
thereof  in  his  settlement.  An  irrigation  district  as  a  purchaser  at  such 
sale,  shall  be  entitled  to  the  same  rights  as  a  private  purchaser,  and  the 
title  so  acquired  by  the  district,  subject  to  the  right  of  redemption  herein 
provided,  may  be  conveyed  by  deed,  executed  and  acknowledged  by  the 
president  and  secretary  of  said  board;  provided,  that  authority  to  so 
convey  must  be  conferred  by  resolution  of  the  board  entered  on  its  min- 
utes, fixing  the  price  at  which  such  sale  may  be  made,  and  such  convey- 
ance shall  not  be  made  for  a  less  sum  than  the  reasonable  market  value 
of  such  property. 

§  45.  After  receiving  the  amount  of  assessments  and  costs,  the  col- 
lector must  make  out  in  duplicate  a  certificate,  dated  on  the  day  of  sale, 
stating  (when  known)  the  name  of  the  person  assessed,  a  description  of 
the  land  sold,  the  amount  paid  therefor,  that  it  was  sold  for  assessments, 
giving  the  amount  and  year  of  the  assessment,  and  specifying  the  time 


Act  1726,  §§46-48  GENERAL  LAWS.  534 

when  the  purchaser  will  be  entitled  to  a  deed.  The  certificate  must  be 
signed  by  the  collector,  and  one  copy  delivered  to  the  purchaser,  and  the 
other  filed  in  the  office  of  the  county  recorder  of  the  county  in  which 
the  land   is  situated. 

§  46.  The  collector,  before  delivering  any  certificate,  must  in  a  book 
enter  a  description  of  the  land  sold,  corresponding  with  the  description 
in  the  certificate,  the  date  of  the  sale,  purchasers'  names.,  and  amount  paid, 
regularly  number  the  description  on  the  margin  of  the  book,  and  put  a 
corresponding  number  on  each  certificate.  Such  book  must  be  open  to 
public  inspection,  without  fee,  during  office  hours,  when  not  in  actual  use. 
On  filing  the  certificate  with  such  county  recorder  the  lien  of  the  assess- 
ments vests  with  the  purchaser,  and  is  only  divested  by  the  payment  to 
him,  or  to  the  collector  for  his  use,  of  the  purchase  money,  and  two  per 
cent  per  month  from  the  day  of  sale  until  redemption. 

EEDEMPTION  OF  PROPEETY  SOLD  FOE  DELINQUENT  TAXES. 
§  47.  A  redemption  of  the  property  sold  may  be  made  by  the  owner, 
or  any  party  in  interest,  within  five  years  from  the  date  of  purchase,  or 
at  any  time  thereafter  before  a  deed  has  been  made  and  delivered. 
Eedemption  must  be  made  in  gold  or  silver  coin,  as  provided  for  the 
collection  of  state  and  county  taxes,  and  when  made  to  the  collector  he 
must  credit  the  amount  paid  to  the  person  named  in  the  certificate,  and 
pay  it,  on  demand,  to  the  person  or  his  assignees.  In  each  report  the 
collector  makes  to  the  board  of  directors,  he  must  name  the  person 
entitled  to  redemption  monej^  and  the  amount  due  each.  On  receiving 
the  certificate  of  sale,  the  county  recorder  must  file  it  and  make  an 
entry  in  a  book  similar  to  that  required  of  the  collector.  On  fhe  presen- 
tation of  the  receipt  of  the  person  named  in  the  certificate,  or  of  the 
collector  for  his  use,  of  the  total  amount  of  the  redemption  money,  the 
recorder  must  mark  the  word  "redeemed,"  the  date,  and  by  whom 
redeemed,  on  the  certificate  and  on  the  margin  of  the  book  where  the 
entry  of  the  certificate  is  made.  If  the  property  is  not  redeemed  within 
the  time  herein  provided,  the  collector,  or  his  successor  in  office,  upon 
demand,  must  make  to  the  purchaser,  or  his  assignee,  a  deed  of  the 
property,  reciting  in  the  deed  substantially  the  matters  contained  in 
the  certificate,  and  that  no  person  redeemed  the  property  during  the 
time  allowed  by  law  for  its  redemption;  provided,  that  where  property 
has  been  sold  to  the  district  it  may  be  redeemed  as  herein  provided,  at 
any  time  before  the  district  has  disposed  of  the  same.  The  collector 
shall  receive  from  the  purchaser,  for  the  use  of  the  district,  two  dollars 
for  making  such  deed.  [Amendment  approved  March  19,  1909.  Stats. 
1909,  p.   429.     In   effect  immediately.] 

§  48.  The  matter  recited  in  the  certificate  of  sale  must  be  recited  in 
the  deed,  and  such  deed  duly  acknowledged  or.  proved  is  prima  facie 
evidence  that:  (a)  The  property  was  assessed  as  required  by  law;  (b) 
the  property  was  equalized  as  required  by  law;  (c)  that  the  assessments 
were  levied  in  accordance  with  law;  (d)  the  assessments  were  not  paid; 


535  IRRIGATION.  Act  1726,  §§  49-52 

(e)  at  a  proper  time  and  place  the  property  was  sold  as  prescribed  by 
law,  and  by  the  proper  officer;  (f)  the  property  was  not  redeemed;  (g) 
the  person  who  executed  the  deed  was  the  proper  officer. 

Such  deed  duly  acknowledged  or  proved  is  (except  as  against  actual 
fraud)  conclusive  evidence  of  the  regularity  of  all  the  proceedings  from 
the  assessment  by  the  assessor,  inclusive,  up  to  the  execution  of  the 
deed.  The  deed  conveys  to  the  grantee  the  absolute  title  to  the  lands 
described  therein  free  of  all  encumbrances,  except  when  the  land  is 
owned  by  the  United  States,  or  this  state,  in  which  case  it  is  prima 
facie  evidence  of  the  right  of  possession. 

§  49.  The  assessment-book  or  delinquent  list,  or  a  copy  thereof,  certi- 
fied by  the  collector,  showing  unpaid  assessments  against  any  person,  or 
property,  is  prima  facie  evidence  of  the  assessment,  the  property  assessed, 
the  delinquency,  the  amount  of  assessments  due  and  unpaid,  and  that 
all  the  forms  of  the  law  in  relation  to  the  assessment  and  levy  of  such 
assessments   have   been   complied   with. 

§50.  When  land  is  sold  for  assessments  correctly  imposed,  as  the  prop- 
erty of  a  particular  person,  no  misnomer  of  the  owner,  or  supposed  owner, 
or  other  mistake  relating  to  the  ownership  thereof  affects  the  sale,  or 
renders  it  void,  or  voidable. 

§51,  On  the  first  Monday  in  each  month,  the  collector  must  settle 
with  the  secretary  of  the  board  for  all  moneys  collected  for  assessments, 
and  pay  the  same  over  to  the  treasurer;  and  within  six  days  thereafter 
he  must  deliver  to  and  file  in  the  office  of  the  secretary  a  statement 
under  oath,  showing:  (a)  An  account  of  all  his  transactions  and  receipts 
since  his  last  settlement;  (b)  that  all  money  collected  by  him  as  col- 
lector has  been  paid.  The  collector  shall  also  file  in  the  office  of  the 
secretary,  on  said  first  Monday  in  each  month,  the  receipt  of  the  treas- 
urer for  the  money  so  paid. 

REDEMPTION  OF  BONDS,  AND  PAYMENT  OF  INTEREST. 
§  52.  Upon  the  presentation  of  the  coupons  due,  to  the  treasurer,  he 
shall  pay  the  same  from  the  bond  fund.  Whenever  said  fund  shall 
amount  to  the  sum  of  ten  thousand  dollars  in  excess  of  an  amount  suf- 
ficient to  meet  the  interest  coupons  due,  the  board  of  directors  may 
direct  the  treasurer  to  pay  such  an  amount  of  said  bonds  not  due  as 
the  money  in  said  fund  will  redeem,  at  the  lowest  value  at  which  they 
may  be  offered  for  liquidation,  after  advertising  in  the  manner  herein- 
before provided  for  the  sale  of  bonds,  for  sealed  proposals  for  the  redemp- 
tion of  said  bonds.  Said  proposals  shall  be  opened  by  the  board  in  open 
meeting,  at  a  time  to  be  named  in  the  notice,  and  the  lowest  bid  for 
said  bonds  must  be  accepted;  provided,  that  no  bond  shall  be  redeemed 
at  a  rate  above  par.  In  case  the  bids  are  equal,  the  lowest  numbered 
bond  shall  have  the  preference.  In  case  none  of  the  holders  of  said 
bonds  shall  desire  to  have  the  same  redeemed,  as  herein  provided  for,  said 
money  shall  be  invested  by  the   treasurer,  under   the   direction   of   the 


Act  1726,  §§  53,  54  GENERAL  LAWS.  536 

board,  in  United  States  bond's,  or  the  bonds  of  the  state,  which  shall  be 
kept  in  said  "bond  fund,"  and  may  be  used  to  redeem  said  district  bonds 
whenever  the  holders  thereof  may  desire. 

CONSTEUCTION  OF  WORKS. 
§53.  After  adopting  a  plan  for  such  canal  or  canals,  storage  reser- 
voirs, and  works,  as  in  this  act  provided  for,  the  board  of  directors  shall 
give  notice  by  publication  thereof  not  less  than  twenty  days  in  one 
newspaper  published  in  each  of  the  counties  composing  the  district 
(provided,  a  newspaper  is  published  therein),  and  in  such  other  news- 
papers as  they  may  deem  advisable,  calling  for  bids  for  the  construction 
of  such  work,  or  of  any  portion  thereof;  if  less  than  the  whole  work  is 
advertised,  then  the  portion  so  advertised  must  be  particularly  described 
in  such  notice.  Said  notice  shall  set  forth  that  plans  and  specifications 
can  be  seen  at  the  office  of  the  board,  and  that  the  board  will  receive 
sealed  proposals  therefor,  and  that  the  contract  will  be  let  to  the  lowest 
responsible  bidder,  stating  the  time  and  place  for  opening  said  proposals, 
which,  at  the  time  and  place  appointed,  shall  be  opened  in  public;  and  as 
soon  as  convenient  thereafter  the  board  shall  let  said  work,  either  in 
portions  or  as  a  whole,  to  the  lowest  responsible  bidder;  or  they  may 
reject  any  or  all  bids  and  readvertise  for  proposals,  or  may  proceed  to 
construct  the  work  under  their  own  superintendence.  Contracts  for  the 
purchase  of  material  shall  be  awarded  to  the  lowest  responsible  bidder. 
Any  person  or  persons  to  whom  a  contract  may  be  awarded  shall  enter 
into  a  bond,  with  good  and  sufficient  sureties,  to  i»e  approved  by  the 
board,  payable  to  said  district  for  its  use,  for  twenty-five  per  cent  of 
the  amount  of  the  contract  price,  conditioned  for  the  faithful  perform- 
ance of  said  contract.  The  work  shall  be  done  under  the  direction  and 
to   the   satisfaction   of  the   engineer,   and   be   approved   by   the   board. 

§  54.  No  claim  shall  be  paid  by  the  treasurer  until  allowed  by  the 
board,  and  only  upon  a  warrant  signed  by  the  president,  and  counter- 
Bigned  by  the  secretary;  provided,  that  the  board  may  draw,  from  time 
to  time,  from  the  construction  fund,  and  deposit  in  the  county  treasury 
of  the  county  where  the  office  of  the  board  is  situated  any  sum  in  excess 
of  the  sum  of  twenty-five  thousand  dollars.  The  county  treasurer  of  said 
county  is  hereby  authorized  and  required  to  receive  and  receipt  for  the 
same  and  place  the  same  to  the  credit  of  said  district,  and  he  shall  be 
responsible  upon  his  official  bond  for  the  safekeeping  and  disbursement 
of  the  same,  as  in  this  act  provided.  He  shall  pay  out  the  same,  or  any 
portion  thereof,  to  the  treasurer  of  the  district  only,  and. only  upon  the 
order  of  the  board,  signed  by  the  president,  and  attested  by  the  secretary. 
The  said  county  treasurer  shall  report,  in  writing,  on  the  second  Monday 
in  each  month,  the  amount  of  money  in  the  county  treasury,  the  amount 
of  receipts  for  the  month  preceding,  and  the  amount  or  amounts  paid  out; 
said  report  shall  be  verified  and  filed  with  the  secretary  of  the  board. 
The  district  treasurer  shall  also  report  to  the  board,  in  writing,  on  the 
first  Monday  in  each  month,  the  amount  of  money  in  the  district  treas- 
ury, the  amount  of  receipts  for  the  month  preceding,  and  the  amount  and 


537  IRKIGATION.  Act  1726,  §§  55-57 

items  of  expenditures,  and  said  report  shall  be  verified  and  filed  with 
the  secretary  of  the  board. 

§  55.  The  cost  and  expense  of  purchasing  and  acquiring  property  and 
constructing  the  works  and  improvements  herein  provided  for,  shall  be 
wholly  paid  out  of  the  construction  fund.  For  the  purpose  of  defraying 
the  expenses  of  the  organization  of  the  district,  and  of  the  care,  opera- 
tion, management,  repair,  and  improvement  of  such  portions  of  such 
canal  and  works  as  are  completed  and  in  use,  including  salaries  of  ofi&cers 
and  employees,  the  board  may  in  lieu  (either  in  part  or  in  whole)  of 
levying  assessments  as  herein  provided  for,  fix  rates  of  tolls  and  charges, 
and  collect  the  same  from  all  persons  using  said  canal  for  irrigation  and 
other  purposes. 

§  56.  The  board  of  directors  shall  have  power  to  construct  the  said 
works  across  any  stream  of  water,  watercourse,  street,  avenue,  highway, 
railway,  canal,  ditch,  or  flume  which  the  route  of  said  canal  or  canals 
may  intersect  or  cross,  in  such  manner  as  to  afford  security  for  life  and 
property;  but  said  board  shall  restore  the  same,  when  so  crossed  or 
intersected,  to  its  former  state  as  near  as  may  be,  or  in  a  sufficient 
manner  not  to  have  impaired  unnecessarily  its  usefulness;  and  every 
company  whose  railroad  shall  be  intersected  or  crossed  by  said  works 
shall  unite  with  said  board  in  forming  said  intersections  and  crossings, 
and  grant  the  privileges  aforesaid;  and  if  such  railroad  company  and 
said  board,  or  the  owners  and  controllers  of  the  said  property,  thing,  or 
franchise  so  to  be  crossed,  cannot  agree  upon  the  amount  to  be  paid 
therefor,  or  the  points  or  the  matter  of  said  crossings  or  intersections, 
the  same  shall  be  ascertained  and  determined  in  all  respects  as  is  herein 
provided  in  respect  to  the  taking  of  land.  The  right  of  way  is  hereby 
given,  dedicated,  and  set  apart,  to  locate,  construct,  and  maintain  said 
works  over  and  through  any  of  the  lands  which  are  now  or  may  be 
the  property  of  this  state;  and  also  there  is  given,  dedicated,  and  set 
apart,  for  the  uses  and  purposes  aforesaid,  all  waters  and  water  rights 
belonging   to   this    state   within   the    district. 

GOVEENING  DIEECTOKS. 
§57.  The  directors,  when  sitting  as  a  board,  or  acting  under  the 
orders  of  the  board,  shall  each  receive  not  to  exceed  four  dollars  per 
day  and  ten  cents  per  mile  for  each  mile  actually  traveled  from  his  place 
of  residence  to  the  office  of  the  board,  and  actual  and  necessary  expenses 
paid  while  engaged  in  official  business  under  the  order  of  the  board. 
The  board  shall  fix  the  compensation  to  be  paid  to  all  officers  named  in 
this  act,  to  be  paid  out  of  the  treasury  of  the  district;  provided,  that 
said  board  shall,  upon  the  petition  of  at  least  fifty,  or  a  majority  of  the 
freeholders  within  such  district,  therefor,  submit  to  the  electors  at  any 
general  election  a  schedule  of  salaries  and  fees  to  be  paid  hereunder. 
Such  petition  must  be  presented  to  the  board  not  less  than  twenty  days 
nor  more  thnn  forty  days  prior  to  a  gonrral  election,  and  the  result  of 
such  election  shall  be  determined  and  declared  in  all  respects  as  other 


Act  1726,  §§  68-61  GBNBKAL  LAWcJ.  638 

elections  are  determined  and  declared  under  this  act.     [Amendment  ap- 
proved April  22,  1909.     Stats.  1909,  p.  1063.] 

§  58.  No  director  or  any  other  officer  named  in  this  act  shall  in  any 
manner  be  interested,  directly  or  indirectly,  in  any  contract  awarded  or 
to  be  awarded  by  the  board,  or  in  the  profits  to  be  derived  therefrom; 
and  for  any  violation  of  this  provision,  such  officer  shall  be  deemed 
guilty  of  a  misdemeanor,  and  such  conviction  shall  work  a  forfeiture 
of  his  office,  and  he  shall  be  punished  by  a  fine  not  exceeding  five  hun- 
dred dollars,  or  by  imprisonment  in  the  county  jail  not  exceeding  six 
months,  or  by  both  such  fine  and  imprisonment. 

SPECIAL  ASSESSMENTS. 

§  59.  The  board  of  directors  may,  at  any  time,  when  in  their  judg- 
ment it  may  be  deemed  advisable,  call  a  special  election  and  submit  to 
the  qualified  electors  of  the  district  the  question,  whether  or  not  a  special 
assessment  shall  be  levied  for  the  purpose  of  raising  money  to  be  applied 
to  any  of  the  purposes  provided  in  this  act.  Such  election  must  be 
called  upon  the  notice  prescribed,  and  the  same  shall  be  held  and  the 
result  thereof  determined  and  declared  in  all  respects  in  conformity  with 
the  provisions  of  section  thirty  of  this  act.  The  notice  must  specify 
the  amount  of  money  proposed  to  be  raised  and  the  purpose  for  which 
it  is  intended  to  be  used.  At  such  elections  the  ballots  shall  contain  the 
words  "Assessment — Yes,"  or  "Assessment — No."  If  two  thirds  or  more  of 
the  votes  cast  are  "Assessment — Yes,"  the  board  shall,  at  the  time  of 
the  annual  levy  hereunder,  levy  an  assessment  sufficient  to  raise  the 
amount  voted. 

§60.  The  rate  of  assessments  levied  under  the  provisions  of  this  act 
shall  be  ascertained  by  deducting  fifteen  per  cent  for  anticipated  delin- 
quencies from  the  aggregate  assessed  value  of  the  property  in  the  district 
as  it  appears  on  the  assessment-roll  for  the  current  year,  and  then 
dividing  the  sum  voted  by  the  remainder  of  such  aggregate  assessed 
value.  The  assessments  so  levied  shall  be  computed  and  entered  on  the 
assessment-roll  by  the  secretary  of  the  board,  and  collected  at  the  same 
time  and  in  the  same  manner  as  other  assessments  provided  for  herein; 
and  when  collected  shall  be  paid  into  the  district  treasury  for  the  pur- 
poses specified  in  the  notice  of  such  special  election, 

INCUEKING  INDEBTEDNESS. 
§  61.  The  board  of  directors,  or  other  officers  of  the  district,  shall 
have  no  power  to  incur  any  debt  or  liability  whatever,  either  by  issuing 
bonds  or  otherwise,  in  excess  of  the  express  provisions  of  this  act;  and 
any  debt  or  liability  incurred  in  excess  of  such  express  provisions  shall 
be  and  remain  absolutely  void,  except  that  for  the  purposes  of  organiza^ 
tion,  or  for  any  of  the  purposes  of  this  actj  the  board  of  directors  may^ 
before  the  collection  of  the  first  assessment,  incur  an  indebtedness  no', 
exceeding  in  the  aggregate  the  sum  of  two  thousand  dollars,  and  may 
cause  warrants  of  the  district  to  issue  therefor,  bearing  interest  at  sever 
per  cent  per  annum. 


539  IRRIGATION.  Act  1726,  §§  62-68 

GOVEENTNG  THE  USE  OF  WATER. 
§  62.  In  case  the  volume  of  water  in  any  stream  or  river  shall  not 
be  suflicient  to  supply  the  continual  wants  of  the  entire  country  through 
which  it  passes,  and  susceptible  of  irrigation  therefrom,  then  it  shall  be 
ihe  duty  of  the  water  commissioners,  constituted  as  hereinafter  provided, 
to  apportion,  in  a  just  and  equitable  proportion,  a  certain  amount  of 
said  water  upon  certain  or  alternate  weekly  days  to  different  localities, 
as  they  may,  in  their  judgment,  think  best  for  the  interest  of  all 
parties  concerned,  and  with  due  regard  to  the  legal  and  equitable 
rights  of  all.  Said  water  commissioners  shall  consist  of  the  chairman 
of  the  board  of  directors  of  each  of  the  districts  affected. 

§  63.  It  shall  be  the  duty  of  the  board  of  directors  to  keep  the  water 
flowing  through  the  ditches  under  their  control  to  the  full  capacity  of 
such  ditches  in  times  of  high  water. 

§  64.  Navigation  shall  never  in  any  wise  be  impaired  by  the  opera- 
tion of  this  act,  nor  shall  any  vested  interest  in  or  to  any  mining  water 
rights  or  ditches,  or  in  or  to  any  water  or  water  rights,  or  reservoirs 
or  dams  now  used  by  the  owners  or  possessors  thereof  in  connection 
with  any  mining  industry,  or  by  persons  purchasing  or  renting  the  use 
thereof,  or  in  or  to  any  other  property  now  used,  directly  or  indirectly, 
in  carrying  on  or  promoting  the  mining  industry,  ever  be  affected  by 
or  taken  under  its  provisions,  save  and  except  that  rights  of  way  may 
be  acquired  over  the  same. 

§  65.  Nothing  herein  contained  shall  be  deemed  to  authorize  any 
person  or  persons  to  divert  the  waters  of  any  river,  creek,  stream,  canal, 
or  ditch  from  its  channel,  to  the  detriment  of  any  person  or  persons 
having  any  interest  in  such  river,  creek,  stream,  canal,  or  ditch,  or  the 
waters  therein,  unless  previous  compensation  be  ascertained  and  paid 
therefor,  under  the  laws  of  this  state  authorizing  the  taking  of  private 
property  for  public   uses. 

EXEMPTION    FROM    TAXATION— CREATION    OP    FUNDS. 
§66.     The  rights  of  way,  ditches,  flumes,  pipe-lines,  dams,  water  rights, 
reservoirs,  and  other  property  of  like  character,  belonging  to  any  irriga-" 
tion  district  shall  not  be  taxed  for  state  and  county  or  municipal  pur- 
poses. 

§  67.  The  following  funds  are  hereby  createS  and  established,  to 
which  the  moneys  properly  belonging  shall  be  apportioned,  to  wit:  Bond 
fund,  construction  fund,  general  fund. 

GENERAL  PROVISIONS. 
§  68.     The  board  of  directors  may,  at  any  time  after  the  issue  of  any 
bonds  or  the  levy  of  any  assessment  herein   provided  for,  bring  an  ac- 
tion  in    the   superior   court   of   the    county   wherein    is   located    the    office 
of  such  board,  to  determine  the  validity  of  any  such  bonds  or  such  levy 


Act  1726,  §§  C9-72  GENERAL  LAWS.  C40 

of  assessments;  such  action  shall  be  in  the  nature  of  a  proceeding  in 
rem,  and  jurisdiction  of  ail  parties  interested  may  be  had  by  publica- 
tion of  summons  for  at  least  once  a  week  for  three  weeks  in  some 
paper  of  general  circulation  published  in  the  county  where  the  action 
is  pending,  such  paper  to  be  designated  by  the  court  having  jurisdic- 
tion of  the  proceedings.  Jurisdiction  shall  be  complete  within  ten  days 
after  the  full  publication  of  such  summons  in  the  manner  herein  pro- 
vided. Anyone  interested  may  at  any  time  before  the  expiration  of 
said  ten  days  appear  and  by  proper  proceedings  contest  the  validity  of 
such  bonds  or  assessmeuts.  Such  action  shall  be  speedily  tried  and 
judgment  rendered  declaring  such  matter  so  contested  either  vnlid  or 
invalid.  Either  party  may  have  the  right  to  appeal  to  the  supreme 
court  at  any  time  within  thirty  days  after  the  rendition  of  such  judg- 
ment, which  appeal  must  be  heard  and  determined  within  three  months 
from  the  time  of  taking  such  appeal. 

§69.  If  no  such  proceedings  shall  have  been  brought  by  the  board 
of  directors,  then,  at  any  time  within  thirty  days  after  the  levy  of  any 
assessment  or  issue  of  any  bonds  under  the  provisions  of  this  act,  any 
district  assessment  payer  may  bring  an  action  in  the  superior  court  of 
the  county  where  the  office  of  the  board  of  directors  is  located,  to 
determine  the  validity  of  any  such  assessment  or  such  bonds.  The 
board  of  directors  shall  be  made  parties  defendant,  and  service  of  sum- 
mons shall  be  made  on  the  members  of  the  board  personally.  Said 
board  shall  have  the  right  to  appear  and  contest  such  action.  Such 
action  shall  be  speedily  tried,  with  the  right  of  appeal  to  either  party, 
within  the  time  and  manner  herein  provided  for  the  bringing  of  actions 
by  the  board  to  determine  such  matters.  Such  appeal  shall  be  heard 
and  determined  in  the  manner  and  within  the  time  therein  provided. 

§70.  If  more  than  one  action  shall  be  pending  at  the  same  time 
concerning  similar  contests  in  this  act  provided  for,  they  shall  be  con- 
solidated and  tried  together. 

§71.  The  court  hearing  any  of  the  contests  herein  provided  for,  in 
inquiring  into  the  regularity,  legality,  or  correctness  of  such  proceed- 
ings, must  disregard  any  error,  irregularity,  or  omission  which  does  not 
affect  the  substantial  rights  of  the  parties  to  said  action  or  proceeding. 
The  rules  of  pleading  and  practice  provided  by  the  Code  of  Civil  Pro 
cedure,  which  are  not  inconsistent  with  the  provisions  of  this  act,  are 
applicable  to  all  actigns  or  proceedings  herein  provided  for.  The  mo- 
tion for  a  new  trial  of  any  such  action  or  proceeding  must  be  heard 
and  determined  within  ten  days  from  the  filing  of  the  notice  of  inten- 
tion. The  costs  on  any  hearing,  or  contest  herein  provided  for,  may 
be  allowed  and  apportioned  between  the  parties,  or  taxed  to  the  losing, 
party,  in   the   discretion  of  the   court, 

§72.  No  contest  of  any  thing  or  matter  herein  provided  shall  be 
made  other  than  within  the  time  and  manner  herein  specified. 


541  IRRIGATION.  Act  1726,  §§  73-7G 

§  73.  For  any  willful  violation  of  any  express  duty  herein  providecl 
for,  on  the  part  of  any  officer  herein  named,  he  shall  be  liable  upon 
his  official  bond,  and  be  subject  to  removal  from  office,  by  proceedings 
brought  in  the  superior  court  of  the  county  wherein  the  office  of  the 
board  of  directors  of  the  district  is  located,  by  any  assessment  payer 
of  the  district. 

EXCLUSION  OF  LANDS. 

§  74.  The  boundaries  of  any  irrigation  district  now  organized  or 
hereafter  organized  under  the  provision  of  this  act,  mav  be  changed,  and 
tracts  of  land  which  were  included  within  the  boundaries  of  such  dis- 
trict at  or  after  its  organization  under  the  provisions  of  said  act,  may 
be  excluded  therefrom,  in  the  manner  herein  prescribed;  but  neither 
such  change  of  the  boundaries  of  the  districts  nor  such  exclusion  of 
lands  from  the  district  shall  impair  or  affect  its  organization,  or  its 
right  in  or  to  property,  or  any  of  its  rights  or  privileges  of  whatever 
kind  or  nature;  nor  shall  it  affect,  impair,  or  discharge  any  contract, 
obligation,  lien,  or  charge  for  or  upon  which  said  district  was  and  may 
become  liable  or  chargeable,  had  such  change  of  its  boundaries  not  been 
made,  or  had  not  such  land  been  excluded  from  the  district. 

§  75.  The  owner  or  owners  in  fee  of  one  or  more  tracts  of  land 
which  constitute  a  portion  of  an  irrigation  district  may  jointly  or  sev- 
erally file  with  the  board  of  directors  of  the  district  a  petition,  pray- 
ing that  such  tract  or  tracts,  and  any  other  tracts  contiguous  thereto, 
may  be  excluded  and  taken  from  said  district.  The  petition  shall 
state  the  grounds  and  reasons  upon  which  it  is  claimed  that  such  lands 
should  be  excluded  and  shall  describe  the  boundaries  thereof,  and  also 
the  lands  of  such  petitioner  or  petitioners  which  are  included  within 
such  boundaries;  but  the  description  of  such  lands  need  not  be  more 
particular  or  certain  than  is  required  when  the  lands  are  entered  in  the 
assessment-book  by  the  county  assessor.  Such  petition  must  be  acknowl- 
edged in  the  same  manner  and  form  as  is  required  in  the  case  of  a 
conveyance  of  land,  and  the  acknowledgment  shall  have  the  same  force 
and  effect  as  evidence  as  the  acknowledgment  of  such  a  conveyance. 

§76.  The  secretary  of  the  board  of  directors  shall  cause  a  notice  of 
the  filing  of  such  petition  to  be  published  for  at  least  two  weeks  in 
some  newspaper  published  in  the  county  where  the  office  of  the  board 
of  directors  is  situated,  and  if  any  portion  of  such  territory  to  be  ex- 
cluded lie  within  another  county  or  counties,  then  said  notice  shall  be 
so  published  in  a  newspaper  published  within  each  of  said  counties; 
or  if  no  newspaper  be  published  therein,  then  by  posting  such  notice 
for  the  same  time  in  at  least  three  public  places  in  sp.id  district,  and 
in  case  of  the  posting  of  said  notices,  one  of  said  notices  must  he  so 
posted  on  the  lands  proposed  to  be  excluded.  The  notice  shall  state 
the  filing  of  such  petition,  the  names  of  the  petitioners,  a  description 
of  the  lands  mentioned  in  said  petition,  and  the  prayer  of  said  peti- 
tion; and  it  shall  notify  all  persons  interested  in,  or  who  may  be  af- 
fected by  such  change  of   the  boundaries  of  the   district,  to   appear  at 


Act  172G,  §§  77,  73  GENERAL  LAWS.  542 

the  office  of  said  board  at  a  time  named  in  said  notice,  and  show  cause, 
in  writing,  if  any  they  have,  why  the  change  of  the  boundaries  of 
said  district,  as  proposed  in  said  petition,  should  not  be  made.  The 
time  to  be  specified  in  the  notice  at  which  they  shall  be  required  to 
show  cause  shall  be  the  regular  meeting  of  the  board  next  after  the 
expiration   of   the  time   for  the   publication   of   the   notice. 

§  77.  The  board  of  directors,  at  the  time  and  place  mentioned  in  the 
notice,  or  at  the  time  or  times  to  which  the  hearing  of  said  petition 
may  be  adjourned,  shall  proceed  to  hear  the  petition,  and  all  evidence 
or  proofs  that  may  or  shall  be  introduced  by  or  on  behalf  of  the  peti- 
tioner or  petitioners,  and  all  objections  to  such  petition  that  may  or 
shall  be  presented  in  writing  by  any  person  showing  cause  as  afore- 
said, and  all  evidence  and  proofs  that  may  be  introduced  in  support  of 
such  objections.  Such  evidence  shall  be  taken  down  in  shorthand,  and 
a  record  made  thereof  and  filed  with  the  board.  The  failure  of  any 
person  interested  in  said  district,  other  than  the  holders  of  bonds 
thereof  outstanding  at  the  time  of  the  filing  of  said  petition  with  said 
board,  to  show  cause,  in  writing,  whj  the  tract  or  tracts  of  land  men- 
tioned in  said  petition  should  not  be  excluded  from  said  district,  shall 
be  deemed  and  taken  as  an  assent  by  him  to  the  exclusion  of  such 
tract  or  tracts  of  land,  or  any  part  thereof,  from  said  district;  and 
the  filing  of  such  petition  with  said  board,  as  aforesaid,  shall  be  deemed 
and  taken  as  an  assent  by  each  and  all  such  petitioners  to  the  ex- 
clusion from  such  district  of  the  lands  mentioned  in  the  petition,  or 
any  part  thereof.  The  expenses  of  giving  said  notice  and  of  the  afore- 
said proceeding  shall  be  paid  by  the  person  or  persons  filing  such  peti- 
tion, 

§  78.  If,  upon  the  hearing  of  any  such  petition,  no  evidence  or  proofs 
in  support  thereof  be  introduced,  or  if  the  evidence  fail  to  sustain  said 
petition,  or  if  the  board  deem  it  not  for  the  best  interests  of  the  dis- 
trict that  the  lands,  or  some  portion  thereof,  mentioned  in  the  petition, 
should  be  excluded  from  the  district,  the  board  shall  order  that  said 
petition  be  denied  as  to  such  lands;  but  if  the  said  board  deem  it  for 
the  best  interests  of  the  district  that  the  lands  mentioned  in  the  peti- 
tion, or  some  portion  thereof,  be  excluded  from  the  district,  and  if  no 
person  interested  in  the  district  show  cause,  in  writing,  why  the  said 
lands,  or  some  portion  thereof,  should  not  be  excluded  from  the  district, 
or  if,  having  shown  cause,  withdraws  the  same,  or  upon  the  hearing 
fails  to  establish  such  objections  as  he  may  have  made,  then  it  shall 
be  the  duty  of  the  board  to,  and  it  shall  forthwith,  make  an  order  that 
the  lands  mentioned  and  described  in  the  petition,  or  some  defined 
portion  thereof,  be  excluded  from  said  district;  provided,  that  it  shall 
be  the  duty  of  said  board  to  so  order,  upon  petition  therefor  as  afore- 
said, that  all  lands  so  petitionetl  to  be  excluded  from  said  district  shall 
be  excluded  therefrom  which  cannot  be  irrigated  from,  or  which  are 
not  susceptible  to,  or  would  not,  by  reason  of  being  permanently  de- 
voted to  uses  other  than  agricultural,  horticultural,  viticultural,  or  graz- 


543  IRRIGATION.  Act  1726,  §§  79-81 

ing,  be  directly  benefited  by  the  actual  irrigation  of  the  same  from  a 
common  source,  or  by  the  same  system  of  works  with  the  other  lands 
of  said  district,  or  from  the  source  selected,  chosen,  or  provided,  or  the 
system  adopted  for  the  irrigation  of  the  lands  of  said  district,  or  which 
are  already  irrigated  or  entitled  to  be  irrigated,  from  another  source 
or  by  another  system  of  irrigation  works.  [Amended  1905.  Stats.  1905, 
p.  27.     In  effect  immediately.] 

§79.  If  there  be  outstanding  bonds  of  the  district  at  the  time  of 
the  filing  of  said  petition,  the  holders  of  such  outstanding  bonds  may 
give  their  assent,  in  writing,  to  the  effect  that  they  severally  consent 
that  the  lands  mentioned  in  the  petition,  or  such  portion  thereof  as 
may  be  excluded  from  said  district  by  order  of  said  board,  or  the  de- 
cree of  the  superior  court  as  hereinafter  provided,  may  be  excluded 
from  the  district;  and  if  said  lands,  or  any  portion  thereof,  be  there- 
after excluded  from  the  district,  the  lands  so  excluded  shall  be  released 
from  the  lien  of  such  outstanding  bonds.  The  assent  must  be  acknowl- 
edged by  the  several  holders  of  such  bonds  in  the  same  manner  and 
form  as  is  required  in  case  of  a  conveyance  of  land,  and  the  acknowledg- 
ment shall  have  the  same  force  and  effect  as  evidence  as  the  ac- 
knowledgment of  such  conveyance.  The  assent  shall  be  filed  with  the 
board,  and  must  be  recorded  in  the  minutes  of  the  board;  and  said 
minutes,  or  a  copy  thereof,  certified  by  the  secretary  of  said  board, 
shall  be  admissible  in  evidence,  with  the  same  effect  as  the  said  assent, 
and  such  certified  copy  thereof  may  be  recorded  in  the  office  of  the 
county  recorder  of  the  county  wherein  said  lands  are  situated. 

§  80.  In  the  event  the  said  board  of  directors  shall  exclude  any 
lands  from  said  district  upon  petition  therefor,  it  shall  be  the  duty  of 
the  board  of  directors  to  make  an  entry  in  the  minutes  of  the  board, 
describing  the  boundaries  of  the  district,  should  the  exclusion  of  said 
lands  from  said  district  change  the  boundaries  of  said  district,  and  for 
that  purpose  the  board  may  cause  a  survey  to  be  made  of  such  por- 
tions of  the  district  as  the  board  may  deem  necessary;  and  a  certi- 
fied copy  of  the  entry  in  the  minutes  of  the  board  excluding  any  land, 
certified  by  the  president  and  secretary  of  the  board,  shall  be  filed  for 
record  in  the  recorder's  office  of  each  county  within  which  are  situated 
any  of  the  lands  of  the  district;  but  said  district,  notwithstanding  such 
exclusion,  shall  be  and  remain  an  irrigation  district  as  fully,  to  every 
intent  and  purpose,  as  it  would  be  had  no  change  been  made  in  the 
boundaries  of  the  district,  or  had  the  lands  excluded  therefrom  never 
constituted  a  portion  of  the  district. 

§81.  If  the  lands  excluded  from  any  district  under  this  act  shall 
embrace  the  greater  portion  of  any  division  or  divisions  of  such  dis- 
trict, then  the  office  of  director  for  such  division  or  divisions  shall  be- 
come and  be  vacant  at  the  expiration  of  ten  days  from  the  final  order 
of  the  board  excluding  said  lands;  and  such  vacancy  or  vacancies  shall 
be   filled   by   appointment   by   the   board    of   supervisors   of    the    county 


Act  1726,  §§  82-84  GENERAL  LAWS.  544 

where  the  office  of  such  board  is  situated,  from  the  district  at  large. 
A  director  appointed  as  above  provided,  shall  hold  his  office  until  the 
next  regular  election  for  said  district,. and  until  his  successor  is  elected 
and  qualified. 

§  82.  At  least  thirty  days  before  the  next  general  election  of  such 
district,  the  board  of  directors  thereof  shall  make  an  order  dividing 
said  district  into  three  or  five  divisions,  as  the  case  may  require,  as 
nearly  equal  in  size  as  may  be  practicable,  which  shall  be  numbered 
first,  second,  third,  and  so  on,  and  one  director  shall  be  elected  by 
each  division.  For  the  purposes  of  elections  in  such  district,  the  said 
board  of  directors  must  establish  a  convenient  number  of  election  pre- 
cincts, and  define  the  boundaries  thereof,  which  said  precincts  may  be 
changed  from  time  to  time,  as  the  board  of  directors  may  deem  neces- 
sary. 

§  83.  A  guardian  and  executor,  or  an  administrator  of  an  estate,  who 
is  appointed  as  such  under  the  laws  of  this  state,  and  who,  as  such 
guardian,  executor,  or  administrator,  is  entitled  to  the  possession  of  the 
lands  belonging  to  the  estate  which  he  represents,  may,  on  behalf  of 
his  ward,  or  the  estate  which  he  represents,  upon  being  thereto  prop- 
erly authorized  by  the  proper  court,  sign  and  acknowledge  the  petition 
in  this  act  mentioned,  and  may  show  cause,  as  in  this  act  provided, 
why  the  boundaries  of  the  district  should  not  be  changed. 

§  84.  Nothing  in  this  act  provided  shall,  in  any  manner,  operate  to 
release  any  of  the  lands  so  excluded  from  the  district  from  any  obli- 
gation to  pay,  or  any  lien  thereon,  of  any  valid  outstanding  bonds  or 
other  indebtedness  of  said  district  at  the  time  of  the  filing  of  said 
petition  for  the  exclusion  of  said  lands,  but  upon  the  contrary,  said 
lands  shall  be  held  subject  to  said  lien,  and  answerable  and  chargeable 
for  and  with  the  payment  and  discharge  of  all  of  said  outstanding 
obligations  at  the  time  of  the  filing  of  the  petition  for  the  exclusion 
of  said  land,  as  fully  as  though  said  petition  for  such  exclusion  were 
never  filed  and  said  order  or  decree  of  exclusion  never  made;  and  for 
the  purpose  of  discharging  such  outstanding  indebtedness,  said  lands 
so  excluded  shall  be  deemed  and  considered  as  part  of  said  irrigation 
district  the  same  as  though  said  petition  for  its  exclusion  had  nevei 
been  filed  or  said  order  or  decree  of  exclusion  never  made;  and  all 
provisions  which  may  have  been  resorted  to  to  compel  the  payment 
by  said  lands  of  its  quota  or  portion  of  said  outstanding  obligations, 
had  said  exclusion  never  been  accomplished,  may,  notwithstanding  said 
exclusion,  be  resorted  to  to  compel  and  enforce  the  payment  on  the 
part  of  said  lands  of  its  quota  and  portion  of  said  outstanding  obliga- 
tions of  said  irrigation  district  for  which  it  is  liable,  as  herein  pro- 
vided. But  said  land  so  excluded  shall  not  be  held  answerable  or 
chargeable  for  any  obligation  of  any  nature  or  kind  whatever,  incurred 
after  the  filing  with  the  board  of  directors  of  said  district  of  the  peti- 
tion foi   the   exclusion   of  said   lands   from   the   said   district;    provided, 


545  IRRIGATION.  Act  1726,  §§  85-87 

that  the  provisions  of  this  section  ehall  not  apply  to  any  outstanding 
bonds,  the  holders  of  which  have  assented  to  the  exclusion  of  such  lands 
from  said  district,  as  hereinbefore  provided. 

INCLUSION  OF  LANDS. 
§  85.  The  boundaries  of  any  irrigation  district  now  organized  or 
hereafter  organized  under  the  provisions  of  this  act  may  be  changed  in 
the  manner  herein  prescribed;  but  such  change  of  the  boundaries  of  the 
district  shall  not  impair  or  affect  its  organization,  or  its  rights  in  or 
to  property,  or  any  of  its  rights  or  privileges  of  whatsoever  kind  or 
nature;  nor  shall  it  affect,  impair,  or  discbarge  any  contract,  obliga- 
tion, lien,  or  charge  for  or  upon  which  it  was  or  might  become  liable 
or  chargeable,  had  such  change  of  its  boundaries  not  been  made. 

§  86.  The  holder  or  holders,  of  title,  or  evidence  of  title,  represent- 
ing one -half  or  more  of  any  body  of  lands  adjacent  to  the  boundary  of 
an  irrigation  district,  which  are  contiguous,  and  which,  taken  together, 
constitute  one  tract  of  land,  may  file  with  the  board  of  directors  of 
said  district  a  petition,  in  writing,  praying  that  the  boundaries  of  said 
district  may  be  so  changed  as  to  include  therein  said  lands.  The  peti- 
tion shall  describe  the  boundaries  of  said  parcel  or  tract  of  land,  and 
shall  also  describe  the  boundaries  of  the  several  parcels  owned  by  the 
petitioners,  if  the  petitioners  be  the  owners,  respectively,  of  distinct 
parcels,  but  such  descriptions  need  not  be  more  particular  than  they 
are  required  to  be  when  such  lands  are  entered  by  the  county  assessor 
in  the  assessment-book.  Such  petition  must  contain  the  assent  of  the 
petitioners  to  the  inclusion  within  said  district  of  the  parcels  or  tracts 
of  land  described  in  the  petition,  and  of  which  said  petition  alleges 
they  are,  respectively,  the  owners;  and  it  must  be  acknowledged  in  the 
same  manner  that  conveyances  of  land  are  required  to  be  acknowl- 
edged. 

§  87.  The  secretary  of  the  board  of  directors  shall  cause  a  notice  of 
the  filing  of  such  petition  to  be  given  and  published  in  the  same  man- 
ner and  for  the  same  time  that  notices  of  special  elections  for  the 
issue  of  bonds  are  required  by  this  act  to  be  published.  The  notice 
shall  state  the  filing  of  such  petition  and  the  names  of  the  petitioners, 
a  description  of  the  lands  mentioned  in  said  petition,  and  the  prayer 
of  said  petition;  and  it  shall  notify  all  persons  interested  in,  or  that 
may  be  affected  by  such  change  of  the  boundaries  of  the  district,  to 
appear  at  the  office  of  said  board,  at  a  time  named  in  said  notice,  and 
show  cause  in  writing,  if  any  they  have,  why  the  change  in  the  bound- 
aries of  said  district,  as  proposed  in  said  petition,  should  not  be  made. 
The  time  to  be  specified  in  the  notice  at  which  they  shall  be  required 
to  show  cause  shall  be  the  regular  meeting  of  the  board  next  after 
the  expiration  of  the  time  for  the  publication  of  the  notice.  The  peti- 
tioners shall  advance  to  the  secretary  sufficient  money  to  p?y  the  esti- 
mated costs  of  all  proceedings  under  this  act. 
Gen.  Laws — 35 


Act  1726,  §§  88-91  GENERAL  LAWS.  546 

§  88.  The  board  of  directors,  at  the  time  and  place  mentioned  in  the 
said  notice,  or  at  such  other  time  or  times  to  which  the  hearing  of 
said  petition  may  be  adjourned,  shall  proceed  to  hear  the  petition,  and 
all  the  objections  thereto,  presented  in  writing  by  any  person  showing 
cause  as  aforesaid  why  said  proposed  change  of  the  boundaries  of  the 
district  should  not  be  made.  The  failure  by  any  person  interested  in 
said  district,  or  in  the  matter  of  the  proposed  change  of  its  bound- 
aries, to  show  cause,  in  writing,  as  aforesaid,  shall  be  deemed  and  taken 
as  an  assent  on  his  part  to  a  change  of  the  boundaries  of  the  district 
as  prayed  for  in  said  petition,  or  to  such  a  change  thereof  as  will  in- 
clude a  part  of  said  lands.  And  the  filing  of  such  petition  with  said 
board,  as  aforesaid,  shall  be  deemed  and  taken  as  an  assent  on  the  part 
of  each  and  all  of  such  petitioners  to  such  a  change  of  said  boundaries 
that  they  may  include  the  whole  or  any  portion  of  the  lands  described 
in  said  petition. 

§  89.  The  board  of  directors  to  whom  such  petition  is  presented,  may 
require,  as  a  condition  precedent  to  the  granting  of  the  same,  that  the 
petitioners  shall  severally  pay  to  such  district  such  respective  sums, 
as  nearly  as  the  same  can  be  estimated  (the  several  amounts  to  be 
determined  by  the  board),  as  said  petitioners  or  their  grantors  would 
have  been  required  to  pay  to  such  district  as  assessments,  had  such 
lands  been  included  in  such  district  at  the  time  the  same  was  originally 
formed. 

§  90.  The  board  of  directors,  if  they  deem  it  not  for  the  best  inter- 
ests of  the  district  that  a  change  of  its  boundaries  be  so  made  as  to 
include  therein  the  lands  mentioned  in  the  petition,  shall  order  that 
the  petition  be  rejected.  But  if  they  deem  it  for  the  best  interests  of 
the  district  that  the  boundaries  of  said  district  be  changed,  and  if  no 
person  interested  in  said  district  or  the  proposed  change  of  its  bound- 
aries shows  cause,  in  writing,  why  the  proposed  change  should  not  be 
made,  or  if,  having  shown  cause,  withdraws  the  same,  the  board  may 
order  that  the  boundaries  of  the  district  be  so  changed  as  to  include 
therein  the  lands  mentioned  in  said  petition  or  some  part  thereof. 
The  order  shall  describe  the  boundaries  as  changed,  and  shall  also  de- 
scribe the  entire  boundaries  of  the  district  as  they  will  be  after  the 
change  thereof  as  aforesaid  is  made;  and  for  that  purpose  the  board 
may  cause  a  survey  to  be  made  of  such  portions  of  such  boundary  as 
is   deemed   necessary. 

§91.  If  any  person  interested  in  said  district,  or  the  proposed  change 
of  its  boundaries,  shall  show  cause  as  aforesaid  why  such  boundaries 
should  not  be  changed,  and  shall  not  withdraw  the  same,  and  if  the 
board  of  directors  deem  it  for  the  best  interests  of  the  district  that 
the  boundaries  thereof  be  so  changed  as  to  include  therein  the  lands 
mentioned  in  the  petition,  or  some  part  thereof,  the  board  shall  adopt 
a  resolution  to  that  effect.  The  resolution  shall  describe  the  exterior 
boundaries  of  the  lands  which  the  board  are  of  the  opinion  should  he 
included  within  the  boundaries  of  the  district  when  changed. 


547  IRRIGATION.  Act  1726,  §§  92-96 

§92.  Upon  the  adoption  of  the  resolution  mrntioned  in  the  last 
preceding  section,  the  board  shall  order  that  an  election  be  held  within 
said  district,  to  determine  whether  the  boundaries  of  the  district  shall 
be  changed  as  mentioned  in  said  resolution;  and  shall  fix  the  time  at 
which  such  election  shall  be  held,  and  cause  notice  thereof  to  be  given 
and  published.  Such  notice  shall  be  given  and  published,  and  such 
election  shall  be  held  and  conducted,  the  returns  thereof  shall  be  made 
and  canvasssed,  and  the  result  of  the  election  ascertained  and  declared, 
and  all  things  pertaining  thereto  conducted  in  the  manner  prescribed 
by  said  act  in  case  of  a  special  election  to  determine  whether  bonds 
of  an  irrigation  district  shall  be  issued.  The  ballots  cast  at  said  elec- 
tion shall  contain  the  words  "For  change  of  boundary,"  or  "Against 
change  of  boundary,"  or  words  equivalent  thereto.  The  notice  of  elec- 
tion shall  describe  the  proposed  change  of  the  boundaries  in  such  man- 
ner and  terms  that  it  can  readily  be  traced. 

§  93.  If  at  such  election  a  majority  of  all  the  votes  cast  at  said 
election  shall  be  against  such  change  of  the  boundaries  of  the  district, 
the  board  shall  order  that  said  petition  be  denied,  and  shall  proceed 
no  further  in  that  matter.  But  if  a  majority  of  such  votes  be  in  favor 
of  such  change  of  the  boundaries  of  the  district,  the  board  shall  there- 
upon order  that  the  boundaries  be  changed  in  accordance  with  said 
resolution  adopted  by  the  board.  The  said  order  shall  describe  the 
entire  boundaries  of  said  district,  and  for  that  purpose  the  board  may 
cause  a  survey  of  such  portions  thereof  to  be  made  as  the  board  may 
deem   necessary. 

§94.  Upon  a  change  of  the  boundaries  of  a  district  being  made,  a 
copy  of  the  order  of  the  board  of  directors  ordering  such  change,  certi- 
fied by  the  president  and  secretary  of  the  board,  shall  be  tiled  for 
record  in  the  recorder's  oifice  of  each  county  within  which  are  situ-, 
ated  any  of  the  lands  of  the  district,  and  thereupon  the  district  shall 
be  and  remain  an  irrigation  district,  as  fully,  and  to  every  intent  and 
purpose,  as  if  the  lands  which  are  included  in  the  district  by  the  change 
of  the  boundaries,  as  aforesaid,  had  been  included  therein  at  the  original 
organization  of  the  district. 

§95.  Upon  the  filing  of  the  copies  of  the  order,  as  in  the  last  pre- 
ceding section  mentioned,  the  secretary  shall  record  in  the  minutes  of 
the  board  the  petition  aforesaid;  and  the  said  minutes,  or  a  certified 
copy  thereof,  shall  be  admissible  in  evidence,  with  the  same  effect  as 
the   petition. 

§  96.  A  guardian,  an  executor,  or  an  administrator  of  an  estate, 
who  is  appointed  as  such  under  the  laws  of  this  state,  and  who,  as 
such  guardian,  executor,  or  administrator,  is  entitled  to  the  possession 
of  the  lands  belonging  to  the  estate  which  he  represents,  may,,  on  be- 
half of  his  ward,  or  the  estate  which  he  represents,  upon  being  there- 
unto authorized  by  the  proper  court,  sign  and  acknowledge  the  petition 
in  this  act  mentioned,  and  may  show  cause,  as  in  this  act  mentioned, 
why  the  boundaries  of  the  district  should  not  be  changed. 


Act  1726,  §§  97-991/^  GENERAL  LAWS.  5-18 

§97.  In  case  of  the  iiielusion  of  any  land  witLln  any  district  by 
proceedings  under  this  act,  the  board  of  directors  must,  at  least  thirty 
days  prior  to  the  next  succeeding  general  election,  make  an  order  re- 
dividing  such  district  into  three  or  five  divisions,  as  the  case  may 
require,  as  nearly  equal  the  size  as  may  be  practicable,  which  sliall  be 
numbered  first,  second,  third,  and  so  on,  and  one  director  shall  there- 
after be  elected  by  each  division.  For  the  purposes  of  elections,  the 
board  of  directors  must  establish  a  convenient  number  of  election 
precincts  in  said  districts,  and  define  the  boundaries  thereof,  which 
said  precincts  may  be  changed  from  time  to  time,  as  the  board  may 
deem  necessary. 

EEDUCTION  OF  BONDED  INDEBTEDNESS. 
§98.  "Whenever  the  board  of  directors  of  an  irrigation  district  here- 
tofore organized,  or  hereafter  organized  under  the  provisions  of  this 
act,  shall  determine  that  the  authorized  bonded  indebtedness  of  such 
irrigation  district  is  greater  than  such  district  is  liable  to  need  to  com- 
plete its  system  as  planned,  and  there  be  no  outstanding  bonds,  the 
board  of  directors  may  call  a  special  election  for  the  purpose  of  voting 
upon  a  proposition  to  reduce  such  bonded  indebtedness  to  such  sum  as 
the  board  may  determined  to  be  sufficient  for  such  purpose. 

§  99.  Notice  of  the  said  election  shall  be  given  in  the  same  manner 
as  provided  in  section  thirty  of  said  act,  in  relation  to  calling  special 
elections  for  issuance  of  bonds.  The  notice  of  election  must  state  the 
amount  of  the  authorized  bonded  indebtedness  of  such  district,  and  the 
amount  to  which  it  is  proposed  to  reduce  the  same;  also,  the  date  on 
which  said  election  will  be  held,  and  the  polling-rilaces,  as  established, 
by  said  board  of  directors.  The  ballots  cast  at  said  election  shall  con- 
tain the  words  "For  reducing  bonds— Yes,"  or  "For  reducing  bonds — 
No."  When  the  vote  is  canvassed  by  the  board  of  directors  and  en- 
tered of  record,  if  a  majority  of  the  votes  cast  shall  be  "For  reducing 
bonds — Yes,"  then  in  that  event  the  board  of  directors  shall  only  be 
empowered  to  issue  or  sell  such  amount  of  bonds  as  was  stipulated  in 
the  said  notice  of  such  special  election;  but  if  a  majority  of  said  votes 
are  not  "For  reducing  bonds — Yes,"  then  the  authority  to  issue  bonds 
shall  remain  the   same  as  before  said  special  election  was  held. 

§  99y2-  In  case  there  be  outstanding  bonds  of  any  district  desiring 
to  takb  advantage  of  the  provisions  of  this  act  concerning  reduction  of 
bonded  indebtedness,  the  assent  of  such  bondholders  may  be  obtained 
to  such  reduction  of  the  bonded  indebtedness,  in  the  same  manner  as 
provided  in  section  79  of  this  act.  If  such  assent  is  obtained  in  the 
manner  therein  provided,  then,  and  in  that  event,  such  district  shall 
be  empowered  to  take  advantage  of  all  the  provisions  of  this  act,  but 
roc  otlierwise.  No  reduction  of  the  bonded  indebtedness,  as  in  this 
act  pi'ovided,  shall  in  any  manner  affect  any  order  of  court  that  may 
h&\e  been  made,  adjudicating  and  confirming  the  validity  of  said 
bonds. 


549  IRRIGATION.  Act  172C,  §§  100-105 

LEASE  OF  WATER. 
§  100.  Whenever  any  irrigation  district,  heretofore  organized,  or 
hereafter  organized  under  the  provisions  of  this  act,  in  the  development 
of  its  works  as  by  law  provided,  may  have  opportunity,  without  in- 
creased expenditure,  to  utilize  the  water  by  it  owned  or  controlled, 
for  mechanical  purposes  not  inconsistent  with  the  provisions  of  said 
act,  the  board  of  directors  may  lease  the  same,  as  in  this  act  herein- 
after provided. 

§  101.  Whenever  the  board  of  directors  may  desire  to  lease  the  use 
of  water,  as  hereinbefore  stated,  they  shall  pass  a  resolution  of  inten- 
tion to  so  lease  the  same.  Immediately  thereafter  the  secretary  shall 
cause  notice  of  such  intention  to  be  given  by  publication  in  one  news- 
paper published  in  each  county  in  which  lands  of  the  district  are  situ- 
ated, for  at  least  twenty  days  (provided,  a  newspaper  is  published 
therein,  otherwise  in  any  newspaper  the  board  of  directors  may  select), 
and,  if  the  board  thinks  proper  in  such  other  newspapers  as  may  be 
deemed  advisable,  calling  for  bids  for  the  leasing  of  said  water  for 
the  purposes  hereinbefore  mentioned.  Said  notice  shall  state  that  the 
board  will  receive  sealed  proposals  therefor,  that  the  lease  will  be  let 
to  the  highest  responsible  bidder,  stating  the  time  and  place  of  opening 
said  proposals. 

§  102.  At  the  time  and  place  appointed  the  board  shall  proceed  to 
open  the  proposals  in  public.  As  soon  thereafter  as  may  be  convenient 
the  board  shall  let  said  lease  in  portions,  or  as  a  whole,  to  the  highest 
responsible  bidder,  or  they  may  reject  any  or  all  bids,  and  readvertise 
for  proposals  for  the  same. 

§  103.  The  rental  accruing  upon  said  lease  may  vary  from  year  to 
year,  as  shall  be  specified  in  said  lease,  and  shall  be  payable  semi- 
annually, on  the  thirteenth  day  of  December  and  thirtieth  day  of  June 
of  each  year.  All  moneys  collected,  as  in  this  act  provided,  shall  be 
paid  into  the  treasury,  and  be  apportioned  to  such  funds  as  may  be 
deemed  advisable. 

§  104.  The  board  shall  have  power,  as  in  this  act  provided,  to  ex- 
ecute a  lease  for  any  period  not  exceeding  twenty-five  years.  If  at  any 
time  the  rental  shall  not  be  paid  on  the  days  hereinbefore  mentioned, 
the  amount  of  such  rental  then  due  shall  be  doubled,  and  if  not  paid 
within  ninety  days  thereafter,  the  said  lease  shall  be  forfeited  to  said 
district,  together  with  any  and  all  works  constructed,  owned,  used,  or 
controlled  by  said  lessee. 

§  105.  Upon  the  letting  of  any  lease,  as  in  this  act  provided,  the 
board  may  require  the  lessee  to  execute  a  bond  for  the  faithful  per- 
formance of  the  covenants  of  said  lease,  or  give  such  other  evidence 
of  good  faith  as  in  their  judgment  may  be  necessary. 


Act  1726,  §§  106-110  GENERAL  LAWS.  550 

DESTRUCTION  OF  UNSOLD  BONDS. 

§  106.  "Whenever  there  remains  in  the  hands  of  the  board  of  directors 
of  any  irrigation  district  heretofore  organized,  or  organized  under  the 
provisions  of  this  act,  after  the  completion  of  its  ditch  system,  and 
the  payment  of  all  demands  against  such  district,  any  bonds  voted  to 
be  issued  by  said  district,  but  not  sold,  and  not  necessary  to  be  sold 
for  the  raising  of  funds  for  the  use  of  such  district,  said  board  of 
directors  may  call  a  special  election  for  the  purpose  of  voting  upon  a 
proposition  to  destroy  said  unsold  bonds,  or  so  many  of  them  as  may 
be  deemed  best,  or  may  submit  such  proposition  at  a  general  elec- 
tion. 

§  107.  Such  election  shall  be  held  in  the  same  manner  as  other 
elections  held  under  the  provisions  of  this  act.  A  notice  of  such  elec- 
tion shall  be  given  in  the  same  manner  as  provided  in  section  thirty 
of  this  act  in  relation  to  calling  special  elections  for  the  issuance  of 
bonds.  The  notice  of  election  must  state  the  amount  of  the  bonded  in- 
debtedness of  such  district  authorized  by  the  vote  of  the  district,  the 
amount  of  the  bonds  remaining  unsold,  and  the  amount  proposed  to  be 
destroyed,  and  the  date  on  which  such  election  is  proposed  to  be  held, 
and  the  polling-places  as  fixed  by  the  board  of  directors.  The  ballots 
to  be  cast  at  such  election  shall  contain  the  words  "For  destroying 
bonds — Yes,"  and  "For  destroying  bonds — No,"  and  the  voter  must 
erase  the  word  "No"  in  case  he  favors  the  destruction  of  bonds,  other- 
wise  the  word  "Yes." 

§108.  When  the  vote  is  canvassed  by  the  board  of  directors  and 
entered  of  record,  if  a  two  thirds  majority  of  the  votes  cast  should  be 
found  to  be  in  favor  of  the  destruction  of  said  bonds,  then  the  presi- 
dent of  the  board,  in  the  presence  of  a  majority  of  the  members  of 
the  board,  must  destroy  the  bonds  so  voted  to  be  destroyed;  and  the 
total  amount  of  bonds  so  destroyed  and  canceled  shall  be  deducted  from 
the  sum  authorized  to  be  issued  by  the  electors  of  said  district,  and 
no  part  thereof  shall  thereafter  be  reprinted  or  reissued. 

SAVING  CLAUSES. 
§  109.  Nothing  in  this  act  shall  be  so  construed  as  to  affect  the 
validity  of  any  district  heretofore  organized  under  the  laws  of  this 
state,  or  its  rights  in  or  to  property,  or  any  of  its  rights  or  privileges 
of  whatsoever  kind  or  nature;  but  said  districts  are  hereby  made  sub- 
ject to  the  provisions  of  this  act  so  far  as  applicable;  nor  shall  it  affect, 
impair,  or  discharge  ^ny  contract,  obligation,  lien,  or  charge  for,  or 
upon  which  it  was  or  might  become  liable  or  chargeable  had  not  this 
act  been  passed;  nor  shall  it  affect  the  validity  of  any  bonds  which 
have  been  issued  but  not  sold;  nor  shall  it  affect  any  action  which 
now  may  be  pending. 

§  110.  Nothing  in  this  act  shall  be  construed  as  repealing  or  in  any 
wise  modifying  the  provisions  of  any  other  act  relating  to  the  subject 


551  IRRIGATION,  Act  1727 

of  irrigation  or  water  commissioners,  except  such  as  may  be  contained  in 
the  act,  an  act  entitled  an  act  to  provide  for  the  organization  and  gov- 
ernment of  irrigation  districts,  and  to  provide  for  the  acquisition  of 
water  and  other  property,  and  for  the  distribution  of  water  thereby 
for  irrigation  purposes,  approved  March  seventh,  eighteen  hundred 
and  eighty-seven,  and  the  subsequent  acts  supplementary  thereto,  and 
amendatory  thereof,  all  of  which  acts,  so  far  as  they  may  be  incon- 
sistent herewith,  are  hereby  repealed. 

§  111.  This  act  shall  take  effect  from  and  after  its  passage  and  ap- 
proval. 

ACT  1727, 

An  act  to  provide  for  the  issue  and  sale  or  exchange  of  funding  bonds 
•of  irrigation  districts  organized  under  and  in  pursuance  of  an  act 
of  the  legislature  of  the  state  of  California  entitled  "An  act  to 
provide  for  the  organization  and  government  of  irrigation  districts, 
and  to  provide  for  the  acquisition  of  water  and  other  property, 
and  for  the  distribution  of  water  thereby  for  irrigation  purposes," 
approved  March  7,  1887,  to  provide  for  the  payment  of  such  bonds, 
and  for  proceedings  to  test  the  validity  of  the  same. 
[Approved  April  1,  1897.  Stats.  1897,  p.  394.] 
Amended  1901,  p.  514.      Sections  5-10  repealed  1901,  p.  514. 

§1.  Whenever  an  irrigation  district  organized,  under  the  provisions 
of  an  act  entitled  "An  act  to  provide  for  the  organization  and  govern- 
ment of  irrigation  districts,  and  to  provide  for  the  acquisition  of  water 
and  other  property,  and  for  the  distribution  of  water  thereby  for  irri- 
gation purposes,"  approved  March  seventh,  eighteen  hundred  and  eighty- 
seven,  or  said  act  and  the  acts  supplementary  thereto,  or  amendatory 
thereof,  has  outstanding  bonds,  coupons,  or  other  evidences  of  inclebted- 
ness,  the  payment  thereof  may  be  provided  for  by  the  issuance 'of  new 
bonds,  in  the  manner  hereinafter  prescribed. 

§2.  A  majority  in  number  of  the  holders  of  title,  or  evidences  of 
title  to  real  property  in  any  irrigation  district,  subject  to  assessment, 
such  holders  of  title,  or  evidences  of  "title,  representing  a  majority  in 
value  of  the  real  property  of  such  district  according  to  the  equalized 
assessment-roll  or  rolls  of  such  district  for  the  year  last  preceding, 
may  propose  the  funding  of  such  bonds,  coupons,  or  other  evidences  of 
indebtedness.  Said  equalized  assessment-roll  or  rolls  shall  be  sufficient 
evidence  of  title  for  the  purposes  of  this  act. 

§3.  In  order  to  propose  the  funding  of  such  bonds,  coupons,  or  other 
evidences  of  indebtedness,  a  petition  shall  be  presented  to  the  board 
of  directors  of  such  irrigation  district,  signed  by  a  majority  in  num- 
ber of  holders  of  title,  or  evidences  of  title  to  real  property  in  such 
district,  and  representing  a  majority  in  value  of  the  real  property  of 
said  district,  subject  to  assessment  for  district  purposes,  which  petition 
shall  set  forth  the  amount  of  bonds,  coupons,  or  other  evidences  of  in- 


Act  1727,  §§  4-11  GENERAL  LAW3.  552 

debtedness  proposed  to  be  funded,  together  with  a  general  description 
of  same,  also  the  total  amount  of  the  bonds  sought  to  be  issued  (pro- 
vided, that  said  amount  shall  in  no  case  be  greater  than  the  total 
amount  of  bonds,  coupons,  and  other  evidences  of  indebtedness  tl;.en 
outstanding  and  sought  to  have  funded),  together  with  a  full  and  com- 
plete statement  of  the  purposes  for  which  such  bonds  are  to  be  used. 
On  presentation  of  such  petition,  the  same  shall  be  entered  in  full  on 
the  minutes  of  the  board. 

§4,  Immediately  after  the  recording  of  said  petition  the  board  of 
directors  shall  call  a  special  election,  at  which  shall  be  submitted  to 
the  electors  of  such  district  the  question  whether  or  not  the  bonds  of 
such  district,  in  the  amount  set  forth  in  said  petition,  shall  be  issued. 
Notice  of  such  election  must  be  given  by  the  secretary  of  said  district 
by  posting  notices  in  three  public  places  in  each  election  precinct  in 
said  district  for  at  least  twenty  days,  and  also  by  publication  of  such 
notice  in  some  newspaper  published  in  the  county,  where  the  office  of 
the  board  of  directors  of  such  district  is  required  to  be  kept,  once  a  week 
for  at  least  three  successive  weeks  before  such  election.  Such  notice 
must  specify  the  time  of  holding  the  election,  the  amount  of  bonds 
proposed  to  be  issued,  the  amount  of  bonds,  coupons,  or  other  evidences 
of  indebtedness  proposed  to  be  refunded,  together  with  a  general  de- 
scription of  the  same.  Said  election  shall  be  held  and  the  result  thereof 
determined  and  declared  in  all  respects  as  nearly  as  practicable  in 
conformity  with  the  provisions  governing  the  election  of  officers;  as 
provided  by  the  law  governing  irrigation  districts  at  the  time  of  the 
holding  of  the  election  herein  provided  for;  provided,  that  no  informali- 
ties in  conducting  such  an  election  shall  invalidate  the  same,  if  the 
election  shall  have  been  otherwise  fairly  conducted.  At  such  an  elec- 
tion the  ballot  shall  contain  the  words  "Bonds — -Yes"  or  "Bonds — No," 
or  words  equivalent  thereto.  If  two-thirds  of  the  votes  cast  at  such 
election  are  "Bonds — Yes,"  the  board  of  directors  shall  direct  and  cause 
bonds  in  said  amount  to  be  issued.  If  more  than  one-third  of  the  votes 
cast  at  such  election  are  "Bonds — No,"  the  result  of  such  election  shall 
be  so  declared.  The  result  in  either  case  shall  be  dul^y  entered  of 
record.  [Amendment  approved  March  16,  1901.  Stats.  1901,  p.  514. 
In  effect  immediately.] 

§§5,  6,  7,  8,  9,  10.  Eepealed.  [Act  approved  March  16,  1901.  Stats. 
1901,  p.  515.     In  effect  immediately.] 

§  11.  If  said  bonds  are  directed  to  be  issued  as  herein  provided  for, 
the  board  of  directors  shall  cause  the  same  to  be  issued.  Said  bonds 
shall  be  made  payable  in  gold  coin  of  the  United  States,  and  in  twenty 
series,  as  follows,  to  wit:  On  the  first  day  of  January  after  the  ex- 
piration of  twenty  years,  five  per  cent  of  the  whole  amount  of  said 
bonds,  and  on  the  first  day  of  January  of  each  year  thereafter,  an 
equal  amount  of  such  bonds  until  all  shall  have  been  finally  paid;  that 
is,  five  per  cent  of  the  whole  issue  of  bonds^ — not  five  per  cent  of  each 


fci.*  IRRIGATION.  Act  1727,  §§  12-14 

bond — each  being  wholly  payable  when  due.  Said  bonds  shall  bear 
interest  at  the  rate  of  five  per  cent  per  annum,  payable  semi-annually 
on  the  first  day  of  January  and  July  of  each  year.  They  sliall  be  ne- 
gotiable in  form,  and  shall  be  of  denominations  of  not  less  than  one 
hundred  dollars,  nor  more  than  five  hundred  dollars.  Said  bonds  shall 
in  all  respects  conform  to  the  form  of  bonds  prescribed  by  the  laws 
governing  irrigation  districts  at  the  time  of  their  issue,  except  as 
herein  otherwise  provided. 

§  12.  It  shall  be  unlawful  to  sell  or  exchange  any  of  the  bonds  issued 
as  herein  provided,  for  less  than  their  par  value. 

§  13.  "When  bonds  issued  under  this  act  shall  be  duly  executed,  they 
shall  be  deposited  with  the  treasurer  of  the  district,  and  his  receipt 
shall  be  taken  therefor,  and  he  shall  be  charged  with  the  same  on  his 
ofiicial  bond,  and  shall  have  no  power  to  deliver  the  same  in  exchange 
for  any  bonds  or  indebtedness  proposed  to  be  funded  until  the  bonds 
or  evidence  of  indebtedness  proposed  to  be  funded  shall  have  been  sur- 
rendered to  him,  and  he  shall  have  been  ordered  by  the  board  of  di- 
rectors of  the  district,  by  an  order  duly  entered  on  their  records,  to 
make  such  delivery.  When  such  bonds  have  been  exchanged  for  other 
bonds,  coupons,  or  other  evidences  of  indebtedness,  the  treasurer  shall 
at  once  cancel  such  other  bonds,  coupons,  or  other  evidences  of  indebt- 
edness by  writing  across  the  face  thereof  "Canceled,"  and  the  date  of 
cancellation,  and  report  the  same  with  .his  monthly  report  to  the  board 
of  directors  of  the  district,  designating  the  bond,  coupon,  or  other  evi- 
dence of  indebtedness,  so  that  it  can  be  identified,  the  date  of  cancella- 
tion, and  the  person  from  whom  it  was  received,  together  with  the 
amount  paid  therefor,  or  the  terms  of  exchange,  in  case  there  is  an 
exchange. 

§  14.  When  said  bonds  are  issued  for  the  purpose  of  sale  to  the  high- 
est bidder,  the  board  may  sell  said  bonds  from  time  to  time,  in  such 
quantities  as  may  be  necessary  and  most  advantageous,  to  raise  money 
to  pay  bonds,  coupons,  or  other  evidences  of  indebtedness  of  the  district 
which  were  outstanding  at  the  time  of  the  filing  of  said  petition,  and 
generally  described  therein.  Before  making  any  sale,  the  board  shall 
at  a  meeting,'  by  resolution,  declare  its  intention  to  sell  a  specified 
amount  of  bonds,  which  resolution  shall  be  entered  in  the  minutes,  and 
notice  of  the  sale  shall  be  given  by  publication  thereof  for  at  least 
three  weeks  in  a  newspaper  published  in  the  county  in  which  the  ofTfice 
of  the  board  of  directors  is  kept.  The  notice  shall  state  that  sealed 
proposals  will  be  received  by  the  board  at  its  office  for  the  purchase  of 
bonds  till  the  day  and  hour  named  in  the  resolution.  At  the  time  ap- 
pointed the  board  shall  open  the  proposals  and  award  the  purchase  of 
bonds  to  the  highest  responsible  bidder,  or  may  reject  all  bids;  but  said 
bonds  shall  in  no  event  be  sold  for  less  than  their  par  value,  including 
accrued  interest.  All  moneys  realized  from  the  sale  of  bonds  issued 
under   the   provisions   of   this   act   shall   be   paid   into   the   hands    of   the 


Act  1727,  §§  15-19  GENERAL  LAWS.  554 

district  treasurer,  and  by  him  kept  in  a  separate  fund,  known  as  the 
funding  fund,  and  shall  be  applied  exclusively  to  the  payment  of  bonds, 
coupons,  or  other  evidences  of  indebtedness  of  the  district  outstanding 
at  the  time  of  filing  the  said  petition,  and  described  therein. 

§  15.  At  the  time  fixed  for  the  levying  of  assessments  for  other  pur- 
poses authorized  by  the  district  irrigation  law  then  in  force,  there  shall 
be  levied  an  assessment  sufficient  in  amount  to  paj^  the  principal  and 
interest  then  due  and  unpaid  on  any  bonds  issued  by  authority  of  this 
act,  and  also  the  amount  to  become  due  on  any  such  bonds  during  the 
year  following  such  levy.  The  assessment  so  levied  shall  be  computed 
and  entered  in  the  assessment-roll  in  the  same  manner  and  shall  be 
collected  at  the  same  time  and  in  the  same  manner  as  other  assessments 
authorized  by  the  district  irrigation  law  then  in  force,  and  when  col- 
lected, shall  be  paid  into  the  district  treasury,  for  the  purposes  herein 
authorized;  and  all  the  provisions  of  said  district  irrigation  law  relat- 
ing to  the  collection  of  assessments  and  the  sale  and  redemption  of 
property  therefor  shall  be  applicable  to  the  assessments  levied  under 
this  act. 

§  16.  The  bonds  issued  as  herein  provided  for  may  be  exchanged, 
at  not  less  than  their  par  value,  for  any  of  the  indebtedness  set  out  and 
described  in  the  notice  of  the  election  authorizing  the  issuance  of  said 
refunding  bond.  A  contract  for  such  exchange  may  be  made  by  the 
board  of  directors  upon  such  terms  as  said  board  may  deem  advisable; 
provided,  that  they  must  receive  not  less  than  the  par  value  for  the 
bonds  so  exchanged.  [Amendment  approved  March  16,  1901.  Stats. 
1901,  p.  515.     In  effect  immediately.] 

§  17.  Whenever  there  remains  in  the  hands  of  the  treasurer  of  any 
district  any  funding  bonds  voted  to  be  issued  by  said  district,  but  not 
used,  and  not  necessary  to  be  used  for  the  funding  purposes  set  out  and 
described  in  the  petition  for  the  issuance  of  said  bonds,  then  said  board 
of  directors,  shall  at  a  regular  meeting,  within  three  months  after  the 
completion  of  the  funding,  cause  the  same  to  be  destroj'ed  and  a  record 
to  be  made  thereof,  and  the  total  amount  of  bonds  so  destroyed  and 
canceled  sliall  be  deducted  from  the  sum  authorized  to  be  issued  by  the 
electors  of  said  district,  and  no  part  thereof  shall  be  thereafter  reprinted 
or  reissued. 

§  18.  Any  bonds  issued  under  the  provisions  of  this  act  shall  be  a  lien 
upon  the  real  property  of  the  district,  and  said  bonds  and  the  interest 
thereon  shall  be  paid  by  revenue  derived  from  an  annual  assessment 
upon  the  real  property  of  the  district,  and  all  the  real  property  in  said 
district  shall  be  and  remain  liable  to  be  assessed  for  such  payments  as 
hereinbefore  provided.  [Amendment  approved  March  16,  1901.  Stats. 
1901,  p.  515.     In  effect  immediately.] 

§  19.    This  act  shall  take  effect  from  and  after  its  passage. 


555  IRRIGATION.  Act  1728,  5§  1, 2 

ACT  1728. 

An  act  to  provide  for  the  redemption  of  property  which  has  been  here- 
tofore sold  to  irrigation  districts  for  dclijuiueiit  assessments. 
[Approved  March  10,  1891.     Stats.  1891,  p.  53.] 

%1.  In  all  cases  where  property  has  heretofore  been  sold  for  de- 
linquent assessments,  under  the  provisions  of  the  act  of  March  seventh, 
eighteen  hundred  and  eighty-seven,  providing  for  the  organization  of 
irrigation  districts,  and  an  irrigation  district  has  become  the  purchaser, 
and  has  not  disposed  of  the  same,  the  person  whose  estate  has  been  sold, 
or  his  heirs,  executors,  administrators,  or  other  successors  in  interest, 
may  redeem  such  property  by  paying  to  the  treasurer  of  the  district 
wherein  the  property  is  situated  the  amount  of  assessments  due  thereon 
at  the  time  of  the  sale,  with  interest  thereon  at  the  rate  of  two  per 
cent  per  month;  and  also  all  assessments  that  were  a  lien  upon  said 
property  at  the  time  said  assessments  became  delinquent;  and  also  for 
each  year  since  the  sale  for  which  assessments  on  said  property  have 
not  been  paid,  an  amount  equal  to  the  percentage  of  assessments  for 
that  year,  upon  the  value  of  said  real  estate  assessed  for  the  year  of  the 
sale,  with  interest  from  the  first  day  of  January  of  each  of  said  years, 
respectively,  at  the  same  rate;  and  also  all  costs  and  expenses,  and  fifty 
per  cent  penalty,  which  may  have  accrued  by  reason  of  such  delinquency 
and  sale,  and  the  costs  and  expenses  of  redemption,  as  herein  specified. 
The  board  of  directors  of  any  district  shall,  on  the  application  of  any 
person  desiring  to  redeem  under  the  provisions  of  this  act,  make  an 
estimate  of  the  amount  to  be  paid,  and  shall,  by  a  resolution  entered 
on  their  minutes,  authorize  the  treasurer  of  the  district,  on  the  receipt 
of  the  amount  determined  by  them,  to  give  him  triplicate  certificates  of 
the  amount,  specifying  the  several  amounts  thereof,  one  of  which  cer- 
tificates shall  be  filed  with  the  secretary  of  the  district,  one  with  the 
county  recorder  of  the  county  in  which  the  land  is  situated,  and  one 
with  the  treasurer  of  the  district,  to  whom  payment  of  the  money  shall 
be  made,  on  the  issuance  of  said  certificates.  The  county  recorder  shall 
be  paid  by  the  redemptioner,  for  filing  and  recording  said  certificate, 
the  sum  of  two  dollars,  and  upon  the  filing  of  such  receipt  with  the 
recorder  any  deed  or  certificate  of  sale  that  may  have  been  made  to 
the  district  shall  become  null  and  void;  and  all  right,  title,  and  interest 
acquired  by  the  district  under  and  by  virtue  of  the  assessment  sale  shall 
cease  and  determine.  The  receipt  of  the  treasurer  of  the  district  herein 
provided  for  shall  be  recorded  in  the  recorder's  office  of  the  county  in 
which  said  property  is  situated,  in  the  book  of  deeds,  and  the  record 
thereof  shall  have  the  same  effect  as  that  of  a  deed  of  reconveyance  of 
the  interest  conveyed  by  said  deed  or  certificate  of  sale. 

§  2.     This  act  shall  take  effect  immediatelj. 


Act  1729,  §§  1-4  GENERAL   LAWS.  656 

ACT  1729. 

An  act  to  provide  for  the  leasing  and  disposition  of  water  for  genera- 
tion of  power  for  mechanical  purposes,  by  irrigation  districts  organ- 
ized or  to  be  organized  under  and  pursuant  to  an  act  entitled  "An 
act  to  provide  for  the  organization  and  government  of  irrigation 
districts,  and  to  provide  for  the  acquisition  of  water  and  other 
property,  and  for  the  distribution  of  water  thereby  for  irrigation 
purposes,"  approved  March  7,  1887. 

[Approved  March  23,  1893.     Stats.  1893,  p.  295.] 
See  Statutes  of  1897,  p.  254,  §§  100-105,   ante,   Act  1726. 

§1.  Whenever  any  irrigation  district  formed,  or  to  be  formed,  under 
and  pursuant  to  the  provisions  of  an  act  entitled  "An  act  to  provide 
for  the  organization  and  government  of  irrigation  districts,  and  to  pro- 
vide for  the  acquisition  of  water  and  other  property,  and  for  the  dis- 
tribution of  water  thereby  for  irrigation  purposes,"  approved  March 
seventh,  eighteen  hundred  and  eighty-seven,  in  the  development  of  its 
works,  as  in  said  act  provided,  may  have  opportunity,  without  increased 
expenditure,  to  utilize  the  water  by  it  owned  or  controlled  for  mechan- 
ical purposes  not  inconsistent  with  the  provisions  of  snid  act,  the  board 
of  directors  may  lease  the  same,  as  in  this  act  hereinafter  provided. 

§2.  Whenever  the  board  of  directors  may  desire  to  lease  the  use  of 
water,  as  hereinbefore  stated,  they  shall  pass  a  resolution  of  intention 
to  so  lease  the  same.  Immediately  thereafter  the  secretary  shall  cause 
notice  of  such  intention  to  be  given  by  publication  in  one  newspaper 
published  in  each  county  in  which  lands  of  the  district  are  situated  for 
at  least  twenty  days  (provided,  a  newspaper  is  published  therein,  other- 
wise in  any  newspaper  the  board  of  directors  may  select),  and  in  such 
newspapers  as  may  be  deemed  advisable,  calling  for  bids  for  the  leasing 
of  said  water  for  the  purposes  hereinbefore  mentioned.  Said  notice 
shall  state  that  the  board  will  receive  sealed  proposals  therefor,  that 
the  lease  will  be  let  to  the  highest  responsible  bidtler,  stating  the  time 
and  place  of  opening  said  proposals. 

§3.  At  the  time  and  place  appointed  the  board  shall  proceed  to  open 
the  proposals  in  public.  As  soon  thereafter  as  may  be  convenient  the 
board  shall  let  said  lease  in  portions,  or  as  a  wliole,  to  the  highest 
"^sponsible  bidder,  or  they  may  reject  any  or  all  bids,  and  readvertise 
for  proposals  for  the  same. 

§  4.  The  rental  accruing  upon  said  lease  may  vary  from  year  to 
year,  as  shall  be  specified  in  said  lease,  and  shall  be  payable  semi- 
annually, on  the  thirtieth  day  of  December  and  thirtieth  day  of  June 
of  each  year.  All  moneys  collected,  as  in  this  act  provided,  shall  be 
paid  into  the  treasury,  and  be  used  in  the  manner  provided  in  section 
34  of  said  act,  except  that  the  period  of  ten  years,  as  mentioned  in  said 
section  34,  shall  not  be  applicable  to  the  provision  of  this  act;  provided, 
however,  that  if  any  coupons  on  any  outstandiug  bonds  of  such  district 


o57  IRRIGATION.  Act  1730 

are  at  any  time  due  anrl  payable,  and  there  shall  for  any  reason  not  be 
sufficient  funds  in  the  interest  fund  to  pay  the  same,  the  proceeds  so 
collected,  as  in  this  act  provided,  may  be  used  to  pay  the  same. 

§5.  Tlie  board  shall  have  power,  as  in  this  act  provided,  to  execute 
a  lease  for  any  period  not  exceeding  fifty  years.  If  at  any  time  the 
rental  shall  not  be  paid  on  the  days  hereinbefore  mentioned,  the  amount 
of  such  rental  then  due  shall  be  doubled,  and  if  not  paid  within  ninety 
days  thereafter,  the  said  lease  shall  be  forfeited  to  said  district,  together 
with  any  and  all  works  constructed,  owned,  used,  or  controlled  by  said 
lessee. 

§6.  Upon  the  letting  of  any  lease,  as  in  this  act  provided,  the  board 
may  require  the  lessee  to  execute  a  bond  for  the  payment  of  the  rental, 
and  proper  performance  of  the  said  lease,  or  give  such  other  evidence 
of  good  faith  as  in  their  judgment  may  be  necessary. 

§7,     This  act  shall  take  effect  immediately. 

ACT  1730. 

An  act  declaring  upon  what  terms  contracts  between  persons,  companies, 
associations,  or   corporations  furnishing  water  for   irrigation   to   the 
consumers  of  such  water  shall  be  valid,   and   to   provide   that  such 
contracts  shall  be  deemed  based  upon  sufficient  consideration. 
[Approved  March  16,  1901.     Stats.  1901,  p.  331.] 

§  1,  It  is  and  shall  be  lawful  for  any  person,  company,  association, 
or  corporation,  furnishing  for  sale,  rental,  or  distribution  any  appro- 
priated waters  for  purpose  of  irrigation,  to  enter  into  contracts  v/ith 
individual  consumers  of  such  water  or  with  bodies  of  siich  consumers, 
relating  to  the  sale,  rental  or  distribution  of  such  water,  or  any  thereof, 
which  contracts,  subject  to  the  restrictions  hereinafter  declared,  shall  be 
valid  to  all  intents  and  purposes,  any  law  or  rule  to  the  contrary  not- 
withstanding. 

§2.  No  such  contract  shall  provide  for  the  sale,  rental,  or  distribu- 
tion of  any  such  water  at  any  rate  exceeding  the  established  rat'es  fixed 
and  regulated  therefor  by  the  board  of  supervisors  of  the  proper  coun- 
ties, or  fixed  and  established  by  such  person,  company,  association,  or 
corporation,  as  provided  by  law. 

§3.  Nothing  in  this  act  contained  shall  be  construed  to  authorize  or 
make  valid  any  contract  not  made  for  a  valuable  consideration;  but  an 
agreement  on  the  part  of  such  person,  company,  association,  or  corpora- 
tion to  sell,  rent,  or  distribute  any  water  to  a  consumer,  without  pay- 
ment in  advance  therefor,  or  upon  any  other  terms  to  which  such  con- 
sumer is  not  otherwise  lawfully  entitled,  shall  be  deemed  and  taken  to 
be  a  valuable  and  sufficient  consideration  for  such  contract. 

§  4.  Nothing  in  this  act  contained  shall  affect  any  contract  made 
prior  to  the  time  that  the  board   of  supervisors  fix  and   establish   the 


Act  1731  GENERAL  LAWS.  538 

rates  and  regulations  for  and  under  which  water  shall  be  sold  and  sup- 
plied. 

§5.  This  act  shall  take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

ACT  1731. 

An  act  to  provide  for  the  dissolution  of  irrigation  districts,  the  ascer- 
tainment and  discharge  of  their  indebtedness,  and  the  distribution 
of  their  property. 

[Approved  February  10,  1903.     Stats.  1903,  p.  3.] 
Amended  1909,  p.  139. 

§  1.  Any  irrigation  district  organized  under  the  provisions  of  an  act 
entitled,  "An  act  to  provide  for  the  organization  and  government  of  irri- 
gation districts,  and  to  provide  for  the  acquisition  of  water  and  other 
property,  and  for  the  distribution  of  water  tliereby  for  irrigation  pur- 
poses," approved  March  seven,  eighteen  hundred  and  eighty-seven,  and 
all  acts  supplementary  thereto,  or  amendatory  thereof,  including  an  act 
entitled,  "An  act  to  provide  for  the  organization  and  government  of  irri- 
gation districts,  and  to  provide  for  the  acquisition  or  construction 
thereby  of  works  for  the  irrigation  of  lands  embraced  within  such  dis- 
tricts, and,  also,  to  provide  for  the  distribution  of  water  for  irrigation 
purposes,"  approved  March  thirty-one,  eighteen  hundred  and  ninety-seven, 
may  be  dissolved  in  the  manner  hereinafter  provided. 

§2.  A  majority  in  number  of  the  holders  of  title,  or  evidence  of  title, 
to  real  property  in  any  irrigation  district,  and  a  majority  in  value  of 
said  property  according  to  the  equalized  assessment-roll  of  said  district 
for  the  year  last  preceding  upon  which  any  assessment  has  been  made, 
may  propose  the  dissolution  of  said  district  by  a  petition  signed  by  such 
majority,  which  petition  shall  set  forth  the  amount  of  the  outstanding 
bonds,  coupons,  and  other  indebtedness,  if  such  there  be,  together  with 
a  general  description  of  the  same,  and  the  holders,  so  far  as  kn^wn, 
showing  the  amount  of  each  description  of  indebtedness  and  the  owner- 
ship, so  far  as  known,  of  the  same.  Also  the  estimated  cost  of  the  dis- 
solution of  said  district.  Said  petition  shall  also  state  the  assets  of 
said  district,  including  irrigation  system,  if  any,  dams,  reservoirs,  ca- 
nals, franchises,  water  rights,  a  detailed  statement  of  all  the  lands  sold 
to  the  district  for  assessments,  and  the  amount  of  the  assessments  on 
each  parcel  of  land  sold,  also  all  assessments  unpaid,  and  the  amount 
upon  each  lot  or  tract  of  land,  and  all  other  assets  of  the  district;  and 
in  ease  any  proposition  has  been  made  by  the  holders  of  said  indebted- 
ness to  settle  the  same,  said  proposition,  together  with  any  plan  proposed 
to  carry  the  same  into  execution,  shall  be  included  in  said  petition. 

§3.  Upon  the  filing  of  said  petition  with  the  board  of  directors  of 
said  district  said  board  shall  call  a  special  election,  at  which  shall  be 
eubmitted  to  the  electors  of  such  district  the  question  whether  or  not 


559  IRRI3ATI0N.  Act  1731,  5  « 

said  district  shall  be  dissolved,  its  indebtedness  liquidated,  and  its  as- 
sets distributed  in  accordance  with  the  plan  so  proposed,  or  in  case  no 
plan  has  been  proposed,  then  in  accordance  with  a  plan  which  shall  be 
proposed  by  said  board  of  directors  in  the  notice  of  the  election,  but 
no  such  election  shall  be  called  until  the  assent  of  all  the  known 
holders  of  valid  indebtedness  against  the  district  shall  be  obtained  or 
provision  shall  be  made  in  said  plan  for  the  payment  of  such  non- 
assenting  holders.  Notice  of  such  election  must  be  given  by  posting 
notices  in  three  public  places  in  each  election  precinct  in  said  district 
for  at  least  twenty  days,  and  also  by  publication  of  such  notice  in  some 
newspaper  published  in  the  county  where  the  office  of  the  board  of 
directors  is  required  to  be  kept,  once  a  week  for  at  least  three  successive 
weeks  before  such  election.  Such  notices  must  specify  the  time  of  hold- 
ing the  election,  the  fact  that  it  is  proposed  to  dissolve  the  district, 
and  a  brief  summary  of  the  plan  proposed  for  liquidating  its  indebted- 
ness and  disposing  of  its  assets.  Said  election  shall  be  held  and  the 
result  thereof  determined  and  declared  in  all  respects  as  nearly  as  prac- 
ticable in  conformity  with  the  provisions  governing  the  election  of 
officers  in  irrigation  districts.  At  such  election  the  ballot  shall  con- 
tain the  words  "Dissolution  of  the  district — Yes,"  or  "Dissolution  of  the 
district — No,"  or  words  equivalent  thereto. 

§  4.  In  case  upon  such  canvass  it  is  found  and  declared  by  said  board 
of  directors  that  two-thirds  of  the  votes  cast  at  such  election  shall  be 
cast  in  favor  of  "Dissolution  of  the  district — Yes,"  then  the  said  board 
of  directors  shall  file  a  petition  in  the  superior  court  of  the  county 
wherein  is  located  the  office  of  such  board  to  determine  the  validity  of 
the  proceedings  had  and  of  the  proposed  plan  for  the  dissolution  of  said 
district.  Such  action  shall  be  in  the  nature  of  a  proceeding  in  rem, 
and  jurisdiction  of  all  parties  interested  may  be  had  by  publication  of 
a  notice  of  the  pendency  of  the  proceeding  for  at  least  once  a  week 
for  three  weeks  in  some  paper  of  general  circulation  published  in  the 
coanty  where  the  action  is  pending;  provided,  that  if  the  property 
of  the  district  is  situate  in  more  than  one  county  then  the  publication 
shall  be  made  in  one  paper  in  each  county  wherein  the  same  is  situate, 
such  paper  or  papers  to  be  designated  by  the  court  having  jurisdiction 
of  the  proceeding;  jurisdiction  shall  be  complete  in  thirty  days  after 
the  completion  of  such  notice  in  the  manner  herein  provided.  Anyone 
interested  may  at  any  time  before  the  expiration  of  said  thirty  days 
appear  and  contest  the  validity  of  the  proceedings  already  had  and  of 
the  plan  proposed  for  the  dissolution  of  said  district,  or  any  portion 
thereof,  including  the  validity  of  any  portion  of  the  indebtedness  set 
out  in  said  petition,  and  the  court  may  determine  the  validity  of  any 
sales  for  assessments,  and  may  determine  the  amount  of  any  assessment 
or  assessments  due  upon  the  various  parcels  and  lots  of  real  estate  within 
said  district,  and  may  determine  the  amount  of  any  assessment  or  assess- 
ments theretofore  paid  upon  the  various  parcels  and  lots  of  real  estate 
therein,   and   may   in   said   proceeding   adjust   and   determine   the   rights 


Act  1731,  §§  5-8  GENERAL  LAWS.  660 

and  liabilities  of  all  parties.  Such  action  shall  be  speedily  tried  and 
judgment  rendered.  Either  party  shall  have  the  right  to  appeal  at  any 
time  within  thirty  days  after  the  entering  of  such  judgment,  and  the 
appeal  must  be  heard  and  determined  within  three  mouths  after  the  tak- 
ing of  such  appeal. 

§5.  Said  petition  to  the  superior  court  shnll  set  forth  the  facts  re- 
quired to  be  set  forth  in  the  petition  to  the  board  of  directors  and  all 
the  proceedings  therein,  and  at  the  hearing  the  court  shall  hear  and 
determine  the  regularity,  legality,  and  correctness  of  all  proceedings, 
and  in  doing  so  shall  disregard  any  error,  irregularity,  or  omission  which 
does  not  affect  the  substantial  rights  of  the  parties.  The  rules  of  plead- 
ing and  practice  in  the  Code  of  Civil  Procedure  not  inconsistent  with 
the  provisions  of  this  act  are  made  applicable  to  the  proceeding  herein 
provided.  The  costs  of  any  contest  may  be  allowed  and  proportioned 
laetween  the  parties  or  taxed  to  the  losing  party  in  the  discretion  of  the 
court,  and  no  contest  of  any  matter  or  thing  herein  provided  for  shall 
be  made  other  than  in  the  time  and  manner  herein  specified. 

§  6.  If  no  such  proceeding  shall  have  been  filed  by  the  board  of 
directors  within  thirty  days  after  the  canvass  of  said  vote,  then  any 
district  assessment  payer  may  bring  an  action  in  the  superior  court  of 
the  county  wherein  the  office  of  the  board  of  directors  is  located.  The 
board  of  directors  shall  be  made  parties  defendant  and  notice  shall  be 
served  on  the  members  of  the  board  personally,  if  they  can  be  found 
in  the  state,  if  not,  then  service  by  publication  as  provided  in  section 
4,  shall  be  sufficient.  Proceedings  shall  be  had  in  the  same  manner  and 
with  the  same  effect  as  if  brought  by  the  board  of  directors. 

§7.  A  corporation  may  be  organized  under  general  laws  for  the  pur- 
pose of  acquiring  the  assets  of  said  district,  including  the  irrigation 
system,  if  any,  dams,  reservoirs,  canals,  franchises  and  water  rights, 
which  corporation  shall  have  all  the  powers,  rights  and  franchises  of 
corporate  bodies  organized  under  general  laws,  aud  in  addition  shall 
have  such  further  powers  as  may  be  necessary  to  possess  and  carry  on 
said  irrigation  system  and  exercise  such  franchise  and  water  rights. 

§  8.  The  court  in  its  decree  shall  have  power  to  make  the  orders 
necessary  to  carry  out  said  proposition  for  the  discharge  of  the  indebted- 
ness and  distribution  of  the  property  of  said  district,  including  the 
right  to  apportion  any  indebtedness  found  due,  and  to  declare  said 
portions  liens  upon  the  various  parcels  and  lots  of  land  within  the  dis- 
trict, and  may  decree  a  sale  of  its  assets  in  such  manner  as  maj' 
effectuate  said  proposition  and  as  the  said  court  may  judge  best,  either 
in  one  lot  or  in  such  parcels  as  may  be  provided,  and  may  provide  for 
conveyance  of  said  irrigation  system,  including  dams,  reservoirs,  canals, 
franchises  and  water  rights,  and  also  of  any  other  assets  of  the  district, 
including  lands  sold  thereto  and  the  assessments  due  it. 


561  IRRIGATION.  Act  1782 

§9.  The  amounts  of  any  assessment  or  assessments  fennel  due  upon 
the  various  parcels  and  lots  of  real  estate  within  said  district,  and 
the  amounts  for  which  sales  have  been  made,  which  sales  have  been 
determined  to  be  valid  by  said  court,  togetlier  with  legal  interest  from 
tlie  date  of  said  sales  and  from  the  time  when  said  assessments  become 
delinquent,  shall  be  liens  respectively  on  the  lots  and  parcels  affected 
tlirrcby,  and  the  purchaser  or  purchasers  at  said  sale  may  foreclose  the 
same  by  action  in  the  superior  court,  and  shall  in  said  action  join  all 
](its,  assessments,  and  sales  which  may  have  been  purchased  by  him 
and  which  remain  unredeemed.  A  redemption  may  be  made  at  any 
time  by  payment  of  the  amount  due  to  the  clerk  of  the  court  for  .the 
use  of  the  district  if  before  sale,  and  for  the  use  of  the  purchaser  if 
after  sale,  and  the  clerk  shall  thereupon  enter  a  minute  of  said  pay- 
ment, which  payment  shall  be  in  the  discharge  of  said  lien.  Eedemp- 
tion  from  the  lien  created  for  any  portion  of  the  indebtedness  can  be 
bad  in  this  manner. 

§  10.  Whenever  all  the  property  of  such  irrigation  district  shall  have 
been  disposed  of,  and  all  the  indebtedness  and  obligations  thereof,  if 
any  there  be,  shall  have  been  discharged,  the  balance  of  the  money  of 
said  district  shall  be  distributed  to  the  assessment  payers  in  said  dis- 
trict upon  the  last  assessment-roll  in  the  proportion  in  which  each  has 
contributed  to  the  total  amount  of  said  assessment,  and  the  court  shall 
enter  a  final  decree  declaring  said  district  to  be  dissolved. 

§10y2.  In  the  petition  mentioned  in  section  2  of  this  act  it  shall 
not  be  necessary  to  include  in  the  schedule  of  indebtedness  any  bond, 
coupon,  warrant  or  other  indebtedness,  claim  or  demand  which  shall 
have  been  barred  by  the  laws  of  this  state  prior  to  the  filing  of  said 
petition  with  the  board  of  directors  of  said  irrigation  district,  nor  shall 
it  be  necessary  in  winding  up  the  affairs  of  any  district  organized  under 
the  laws  of  this  state  to  pay  all  or  any  portion  of  a  debt  or  obligation 
of  such  district,  for  the  enforcement  of  which  debt  or  obligation  a 
suit  is  barred  bv  the  laws  of  this  state.  [New  section  approved  March 
3,  1909.     Stats.  1909,  p.  139.] 

§  11.     This  act  shall  take  effect  immediately. 

ACT  1732. 

An  act  to  permit  boards  of  directors  of  irrigation  districts  organized 
or  existing  under  and  by  virtue  of  an  act  of  the  legislature,  entitled 
"An  act  to  provide  for  the  organization  and  government  of  irrigation 
districts,  and  to  provide  for  the  acquisition  or  construction  thereby 
of  works  for  the  irrigation  of  the  lands  embraced  within  such 
districts,  and  also  to  provide  for  the  distribution  of  water  for  irri- 
gation purposes,"  approved  March  31,  1897;  to  provide  for  the 
payment  in  two  installments  of  the  assessments  levied  under  and 
in  accordance  with   the   provisions  of   said  act. 

[Approved  March   19,   1909.     Stats.   1909,  p.  415.] 
Gen.  Laws — 36 


Act  1702,  §§  1-5  GENERAL    LAWS.  5C2 

§  1.  It  shall  be  lawful  for  boards  of  directors  of  irrigation  districts, 
organized  or  existing  under  or  by  virtue  of  an  act  of  the  legislature, 
entitled  "An  act  to  provide  for  the  organization  and  government  of 
irrigation  districts,  and  to  provide  for  the  acquisition  or  construction 
thereby  of  works  for  the  irrigation  of  lands  embraced  within  such  dis- 
tricts and  also,  to  provide  for  the  distribution  of  water  for  irrigation 
purposes";  approved  March  31st,  1897;  to  provide  for  the  payment  of 
assessments  levied  in  accordance  with  the  provision  of  said  act,  in  two 
installments. 

§  2.  The  directors  of  any  such  irrigation  district  may,  whenever 
they  shall  so  determine,  and  must  upon  a  petition  in  writing,  signed  by 
a  majority  of  the  assessment  payers  within  such  district,  pass  a  resolu- 
tion providing  that  thereafter  all  assessments,  except  special  assessments 
provided  for  by  section  34  of  said  act  of  1897,  shall  be  payable  in  two 
installments,  and  in  said  resolution  shall  specify  when  such  payments 
may  be  made. 

§3.  Such  resolution  must  be  passed  before  the  first  Monday  in  Au- 
gust, and  cannot  be  rescinded  to  take  effect  during  any  year  after  the 
first  Monday  of  March  in  that  year. 

§4.  Whenever  the  board  of  directors  of  such  irrigation  district 
shall  have  so  determined,  thereafter  one-half  of  the  assessments  levied 
within  such  district  shall  become  delinquent  at  6  o'clock  P.  M.  on  the 
last  Monday  of  December,  and  one-half  thereof  shall  become  delinquent 
at  6  P.  M.  on  the  last  Monday  of  June  next  thereafter,  provided  that 
where  an  assessment  has  been  levied  as  provided  in  section  34  of  said 
act  the  whole  of  such  assessment  shall  become  delinquent  on  the  last 
Monday  in  December. 

§5.  When  provision  is  made,  as  herein  provided,  for  the  payment 
of  said  assessments  in  two  installments,  the  publication  of  the  delin- 
quent list  provided  for  in  said  act,  shall  not  be  made  before  the  first 
day  of  July,  but  must  be  made  on  or  before  the  first  day  of  August, 
and  except  as  otherwise  herein  provided  all  of  the  provisions  of  said 
irrigation  act  or  acts  not  inconsistent  with  this  act  relative  to  the  as- 
sessment, payment  and  collection  of  assessments,  notice  of  assessments, 
publication  of  delinquent  list,  and  sale  for  delinquent  assessment,  and 
all  other  provisions  relative  to  such  assessments  shall  be  applicable,  and 
the  only  effect  of  this  act  shall  be  to  permit  the  payment  of  such  assess- 
ments in  two  installments,  and  to  postpone  the  notice  of  sale  and  sale 
provided-  for  in  said  act  until  after  the  first  day  of  July,  and  when  sale 
is  made  at  the  time  herein  specified  it  shall  have  the  same  effect  as 
though  made  at  the  time  and  in  the  manner  specified  in  said  act  of 
1897. 


563  JAPANESE— JUDGMENTS.  Acts  1733-1746 

TITLE  242. 
JAPANESE. 
ACT  1733. 

An  act  to  provide  for  the  gathering,  compiling,  printing  and  distribu- 
tion of  statistics  and  information  regarding  the  Japanese  of  the 
state,  and  making  an  appropriation  therefor.  [Approved  March  8, 
1909.     Stats.   1909,  p.  227.] 

This   act   provided   for   the   gathering   of   statistics   by    the    state    labor   commis- 
sioner and  appropriated  $10,000  to  carry  out  the  purpose  of  the  act. 

ACT  1734. 

An  act  to  aid  in  the  carrying  out  of  the  provisions  of  an  act  entitled, 
"An  act  to  provide  for  the  gathering,  compiling,  printing  and  dis- 
tribution of  statistics  and  information  regarding  the  Japanese  of 
the  state,  and  making  an  appropriation  therefor,"  making  it  the 
duty  of  certain  oflicers  to  keep  certain  records  and  furnish  such 
statistics  and  information.  [Approved  March  25,  1909.  Stats,  1909, 
p.  719.] 
This  act  required  officers  to  keep  records. 

TITLE  243. 
JEWISH  OEDEE  OF  KESHEE  SHEL  BAESEL. 
ACT  1736. 

Concerning  ancient  Jewish  order  of  Kesher  shel  Barsel.     [Stats.  1867-68, 
p.  201.] 
Repealed,  §  288,   Civil   Code. 
This  act  conferred  corporate  powers  on  the  above  order. 

TITLE  244. 
JUDGES  OF  THE  PLAINS. 
ACT  1741. 

Concerning  judges  of  the  plains  and  defining  their  duties.     [Stats.  1851, 
p.  515.] 
Amended  1857,  p.  158;   1863,  p.  497. 
Continued  in   force   by   codes:    Penal   Code,  §  23,   and  Political   Code,  §  19. 

TITLE  245. 
JUDGMENTS. 
ACT  1746. 

An    act    to    provide    for    the    payment    of    judgments    against    counties, 
cities,    cities    and    counties,    and    towns. 
[Approved  March  23,  1901.     Stats.  1901,  p.  794.] 

§  1.     All  final  judgments  now  existing  or  that  may  be  obtained  here- 
after against  any  county,  city  and  county,   city,  or  town  of  the  state  of 


Act  1747  GENERAL  LAWS.  564 

California,  shall  be  paid  by  the  treasurer  of  such  county,  city  and  county, 
or  town,  as  hereinafter  provided. 

§2.  It  shall  be  the  duty  of  the  cminty  clerk  to  file  with  the  auditor 
and  to  furnish  the  board  of  supervisors,  town  trustees,  or  other  board 
or  body  authorized  by  law  to  levy  taxes,  a  complete  list  of  all  existing 
final  judgments  against  such  county,  city  and  county,  city,  or  town,  of 
record  in  his  office,  at  least  fifteen  days  before  the  day  on  which  any 
tax  levy  must  by  law  be  made. 

§3.  It  shall  be  tli«  duty  of  the  auditor  to  examine  and  audit  the  final 
judgments  so  reported  by  the  county  clerk,  and  to  certify  the  amount 
of  such  final  judgments  to  the  treasurer  within  five  (5)  days  from  the 
day  on  which  such  list  of  final  judgments  is  filed  with  him.  Thereupon, 
the  board  of  supervisors,  city  council,  town  trustees,  or  other  board  of 
officers,  as  the  case  may  be,  having  authority  to  levy  taxes  upon  the 
taxable  property  of  such  county,  city  and  county,  city,  or  town,  must  in- 
clude in  the  tax  levy  for  the  next  fiscal  year  a  rate  or  sum  sufficient 
to  pay  all  final  judgments  existing  against  such  county,  city  and  county, 
city,  or  town.  The  omission  to  include  the  amount  of  any  existing  final 
judgment  in  the  tax  levy  for  any  year,  shall  not  of  itself  invalidate 
the  tax  levy  as  made,  but  such  omission  or  omissions  must  be  included 
in  the  next  tax  levy;  provided,  that  the  board  of  supervisors  or  other 
board  or  officers  having  authority  to  levy  taxes  may  provide  for  the  pay- 
ment of  such  final  judgments  when  so  audited  by  including  in  the  tax 
levy  for  the  next  fiscal  year  an  aliquot  part  or  fraction  of  the  amount 
of  such  judgments,  and  thereupon  the  treasurer  shall  pay  to  each  judg- 
ment creditor  a  like  aliquot  part  or  fraction  of  the  amount  of  the 
judgment  of  the  creditor,  and  thereafter  a  like  aliquot  part  or  fraction 
of  the  amount  of  such  judgments  shall  be  levied  and  paid  each  successive 
year  until  the  whole  thereof  shall  be  fully  paid;  but  such  fractional 
levy  and  payment  shall  in  no  case  be  less  than  one-tenth  (1/10)  of  the 
whole  amount  of  such  judgments. 

§  4.     This  act  shall  take  effect  immediately. 

ACT  1747. 

An  act  prescribing  how  judgments  which  may  be  recovered  against  any 

city  and  county  of  over  one  hundred  thousand  population  shall  be 

paid. 

[Approved  March  26,  1895.     Stats.  1895,  p.  163.] 

§  1.  All  existing  judgments  against  any  city  and  county  of  over  one 
hundred  thousand  population  shall  be  paid  by  the  treasurer  of  such 
city  and  county,  out  of  the  or  any  general  fund  thereof,  after  the  same 
shall  have  been  audited  by  thp  auditor,  auditing  officer,  board,  or  other 
auditing  officer  or  officers,  and  it  is  hereby  made  the  duty  of  the  board 
of  supervisors  and  mayor  of  such  city  and  county  to  include  in  the  tax 
levy  for  any  fiscal  year  a  sum  sufficient  to  pay  existing  judgments. 


565  JURORS— JUSTICES    OF    THE    PEACE.  Acts  1752-1758 

§2.  This  act  shall  take  effect  and  be  in  force  immediatelj  after  its 
passage. 

Apparently  resti-icted  to  existing  judgments. 

TITLE  246. 
JUEOES. 
ACT  1752. 

For  the  payment  of  the  fees  due  to  trial  jurors  who  have  served  as  such 
in  the  superior  court  of  any  county  or  citv  and  county  of  this  state, 
under  the  act  of  1895.     [Stats.  1901,  p.  684.] 

TITLE  247. 
JUSTICES  OF  THE  PEACE. 
ACT  1757. 

Fixing  the  jurisdiction  and  providing  the  compensation  of  justices  of  the 
peace  in  cities  and  towns.     [Stats.  1883,  p.  63.] 
Superseded  by  Code  of  Civil  Procedure,  §  103,  as  amended  1901,  p.  100. 
This  act  appears  in  full  in  Appendi.x,  Code  of  Civil  Procedure,  p.  1966. 

ACT  1758. 

An  act  to  provide  for  the  amount  and  the  manner  of  payment  of  salaries 
of  justices  of  the  peace  in  counties  of  the  tenth  class  for  services 
rendered  by  them  in  criminal  eases,  and  providing  a  method  of 
ascertaining  the  population  of  the  townships  for  the  purpose  of 
this  act  and  to  provide  a  cashier  in  the  office  of  the  tax  collector, 
and  a  file  clerk  in  the  office  of  the  county  clerk,  and  repealing  all 
laws  in  conflict  therewith. 

[Approved  March  19,  1903.     Stats.  1903,  p.  217.] 

§  1.  In  counties  of  the  tenth  class  justices  of  the  peace  shall  receive 
as  compensation,  for  the  services  required  of  them  by  law,  the  following 
monthly  salaries  to  be  paid  each  month  as  salaries  of  other  county 
officers  are  paid,  which  shall  be  in  full  for  all  services  rendered  by  them 
in  criminal  cases: 

In  townships  having  a  population  of  six  thousand  and  over,  ninety  dol- 
lars per  month. 

In  townships  having  a  population  of  two  thousand  and  less  than  six 
thousand,  seventy-five  dollars  per  month. 

In  townships  having  a  population  of  one  thousand  five  hundred  and 
and  less  than  two  thousand,  fifty-five  dollars  per  month. 

In  townships  having  a  population  of  eight  hundred  and  less  than  one 
thousand  five  hundred,  thirty-five  dollars  per  month. 

In  townships  having  a  population  of  five  hundred  and  less  than  eight 
hundred,  twenty  dollars  per  month. 

In  townships  having  a  population  less  than  five  hundred,  fifteen  dol- 
lars per  month. 


Act  1759  GENERAL  LAWS.  566 

In  addition  to  the  above  salaries  each  justice  of  the  peace  shall  collect, 
for  his  own  use,  in  civil  cases,  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law, 

§2.  The  population  of  townships  shall,  for  the  purpose  of  this  act, 
be  determined  by  multiplying  the  number  of  voters  registered  in  such 
township  at  the  last  preceding  election,  by  five. 

§  3.  All  laws  and  parts  of  laws  in  conflict  with  the  provisions  of  this 
act  are  hereby  repealed. 

§  4.  In  the  office  of  the  county  tax-collector  of  counties  of  the  tenth 
class  there  shall  be  a  cashier  to  be  appointed  by  and  hold  office  at  the 
pleasure  of  the  county  tax-collector,  and  the  compensation  of  such  cashier 
shall  be  nine  hundred  dollars  per  annum. 

§5.  In  the  office  of  the  county  clerk  of  counties  of  the  tenth  class 
a  filing  clerk  shall  be  appointed  by  and  hold  office  at  the  pleasure  of 
the  county  clerk,  and  the  compensation  of  such  filing  clerk  shall  be  nine 
hundred  dollars  per  annum. 

§  6.  This  act  shall  take  effect  and  be  in  force  f roni  and  after  its  pas- 
sage. 

Compare  §  4239,  Political  Code,  relating  to  salaries  in  counties  of  tenth  class. 

ACT  1759. 

An  act  to  provide  for  the  employment  of  a  clerk  by  certain  justices  of 

the  peace  and  to  pay  the  salaries  of  such  clerk. 

'[Approved  April  15,  1909.     Stats.  1909,  p.  906.] 

§1.  In  cities  of  this  state,  where  there  are  two  justices  of  the  peace, 
one  of  whom  is  the  city  justice  of  said  city,  and  who  is  paid  a  salary 
and  who  is  provided  with  a  clerk  and  courtroom  by  said  city  and  the 
other  justice  known  as  the  township  justice  and  whose  compensation 
in  civil  cases  is  by  fee  and  who  is  paid  a  salary  by  the  county,  in  lieu 
of  fees  for  all  criminal  cases  that  the  district  attorney  may  try  or  exam- 
ine in  said  township  justice's  court,  the  justice  of  the  peace  m  and  for 
said  township  justice's  court  is  hereby  entitled  to  and  may  appoint  a 
clerk  subject  to  the  approval  of  the  board  of  supervisors  of  the  county 
to  properly  keep  the  records  of  his  court  and  to  do  and  perform  such 
other  work  as  the  justice  of  said  court  may  assign  to  such  clerk. 

§  2.  The  clerk  of  said  township  justice's  court  shall  be  paid  an  annual 
salary  of  twelve  hundred  dollars,  to  be  paid  monthly  by  the  county  in 
which  said  justice's  court  shall  be  located;  said  clerk's  salary  shall  be 
audited,  allowed  and  paid  as  the  salaries  of  county  officers  are  audited, 
allowed  and  paid. 


667  JUTE  GOODS— JUVENILE  COURT.  Acts  17G3-1769 

TITLE    248. 
JUTE  GOODS. 
ACT  1763. 

Appropriation  for  the  establishment  of  a  permanent  fund  for  the   pur- 
chase of  jute  to  be  manufactured  at  the  state's  prison.     [Stats.  1885, 
p.  53.] 
Amended  1889,  p.  228.      See   1907,  p.   169;   1907,  p.  857. 

ACT  1764. 

fixing  the  price  and  conditions  of  sale  at  which  jute  goods  shall  be  sold 

by  the  state.     [Stats.  1893,  p.  54.] 

Amended   1905,  p.  532.      Repealed   1907,  p.  858. 

ACT  1765. 

An  act  authorizing  the  state  board  of  prison  directors  to  fix  the  price, 
terms  and  conditions  of  sale  at  which  jute  bags  should  be  sold  for 
the  state,  providing  for  the  prosecution  and  punishment  for  offenses 
under  the  same,  and  repealing  certain  acts.  [Approved  March  10, 
1909.     Stats.   1909,  p.  280.] 

ACT  1766. 

An  act  to  authorize  and  empower  the  state  board  of  prison  directors  to 
insure  jute  and  jute  goods  against  either  fire  or  marine  loss  and  to 
pay  the  cost  of  such  insurance  from  the  revolving  fund  for  the  pur- 
chase of  jute.     [Approved  March  10,  1909.     Stats.  1909,  p.  281.] 

ACT  1767. 

An  act  making  an  appropriation  to  be  used  under  the  provisions  of  an 
act  entitled  "An  act  amending  an  act  making  an  appropriation  for 
the  establishment  of  a  permanent  fund  for  the  purchase  of  jute  to 
be  manufactured  at  the  State  Prison  at  San  Quentin,  approved  March 
9,  1885,"  approved  March  16,  1889.  [Approved  March  8,  1907.  Stats. 
1907,  p.  169.] 
The  act  appropriated  $100,000  for  the  pui-pose  indicated. 

ACT  1768. 

An  act  fixing  the  price,  terms  and  conditions  of  sale  at  which  jute  goods 
shall  be  sold  by  the  state,  and  providing  for  prosecution  of  and  pun- 
ishment for  offenses  under  the  same.  [Approved  March  22,  1907. 
Stats.  1907,  p.  857.] 

TITLE  249. 
JUVENILE  COURT. 

ACT  1769. 

Defining  and  providing  for  the  control,  protection,  and  treatment  of  de- 
pendent and  delinquent  children;  prescribing  the  i)owers  and  duties 
of  courts  with  respect  thereto;  providing  for  the  appointment  of  pro- 


Acts  1770-1785  GENERAL  LAWS.  568 

bation  officers,  and  prescribing  their  duties  and  powers;  providing 
for  the  separation  of  children  from  adults  when  confined  in  jails  or 
other  institutions;  providing  for  the  appointment  of  boards  to  in- 
vestigate the  qualifications  of  organizations  receiving  children  under 
this  act,  and  prescribing  the  duties  of  such  boards;  and  providing 
when  proceedings  under  this  act  shall  be  admissible  in  evidence. 
[Approved  February  26,  1903.  Stats,  1903,  p.  44.  Amended  1905, 
p.  806;  1907,  p.  777.  Repealed  1909,  pp.  213,  226.] 
Citations.     App.  3/740. 

ACT  1770. 

An  act  concerning  dependent  and  delinquent  minor  children,  providing  for 
their  care,  custody  and  maintenance  until  twenty-one  years  of  age; 
providing  for  their  commitment  to  the  Whittier  State  School  and 
the  Preston  State  School  of  Industry,  and  the  manner  of  such  com- 
mitment and  release  therefrom,  establishing  a  probation  committee 
and  probation  officers  to  deal  with  such  children,  and  fixing  the 
salaries  of  probation  officers;  providing  for  detention  homes  for  said 
children;  providing  for  the  punishment  of  persons  responsible  for,  or 
contributing  to,  the  dependency  or  delinquency  of  children;  and  giv- 
ing to  the  superior  court  jurisdiction  of  such  offenses,  and  repealing 
inconsistent  acts.  [Approved  March  8,  1909.  Stats.  1909,  p.  213.] 
This  act  appears  in  full  in  Appendix,  Penal  Code,  p.  2061. 

TITLE  250. 
KAWEAH  RIVER. 
ACT  1774. 

Board  of  commissioners  for  Kaweah  River,  Tulare  County.     [Stats.  1863- 
64,  p.  167.] 
Amended  1865-66,  p.  314. 

TITLE   251. 
KEEPER  OF  ARCHIVES. 
ACT  1779. 

To  provide  for  the  appointment  by  the  secretary  of  state  of  a  keeper  of 
archives,  and  define  his  duties,  and  fixing  his  salary.     [Stats.  1889, 
p.  451.] 
See  Act  3585,  post. 

TITLE  252. 
KERN  COUNTY. 
ACT  1784. 

Assessor,  act  fixing  salary  and  bond  of.     [Stats.  1875-76,  p.  172.] 
Superseded  by  County  Government  Act,  1897,  i^.  535,    §  182. 

ACT  1785. 

Issuance  of  bonds  by,  to  pay  the  indebtedness  of  said  county.     [Stats. 
1875-76,   p.   645.] 


569  KEYES   CREEK— KINGS  COUNTY.  Acts  1786-1803 

ACT  1786. 

County  auditor  and  county  recorder,  separation  of  offices  of,  and  regula- 
tion of  official  salaries  in.     [Stats.  1875-76,  p.  151.] 
Amended  1875-76,  p.  363;  1877-78,  p.  104.      Repealed  by  County  Government 
Act,   1897,  p.  535,  §  182. 

ACT  1787. 

Transfer  of  funds  of.     [Stats.  1873-74,  p.  472.] 
Amended  1875-76,  p.  249.     Supersed«d  by  subd.  18,  §  25,  County  Government 
Act,   1897,  p.  463. 

ACT  1788. 

Kegulating  traveling  fees  of  sheriff  of.     [Stats.  1871-72,  p.  141.] 
Amended  1875-76,  p.  45.     Repealed  1878,  p.  559. 
ACT  1789. 

Traveling  fees  of  sheriffs  of.     [Stats.  1877-78,  p.  559.] 
Repealed  by  fee  bill  of  1895,  p.  269. 

ACT  1790. 

To  provide  one  additional  ,iudge  of  the  superior  court  of  the  county  of 
Kern.     [Approved  February   17,   1903.     Stats.   1903,  p.   30.] 

ACT  1791. 

Tax  collectors,  bonds  of.     [Stats.  1875-76,  p.  16.] 
Repealed  by  County  Government  Act,  1897,  p.  475,  §  66. 

ACT  1792. 

Treasurer  of,  salary  of.     [Stats.  1873-74,  p.  236.] 
Amended    1877-78,    p.    255.     Repealed    by    County    Government    Act,     1897, 
p.    452. 

ACT   1793. 

Water  ditches  and  water  privileges  in.     [Stats.  1875-76,  p.  547.] 

TITLE    253. 
KEYES  CKEEK. 
ACT  1798. 

Arroyo  del  San  Antonio  (Keyes  Creek),  declared  navigable.     [Stats.  1860, 
p.  126;  amended  1873-74,  p.  564.] 
See  Political  Code,  §  2349. 

TITLE  254. 
KINGS  COUNTY. 
ACT  1803. 

To  create  the  county  of  Kings,  to  define  the  boundaries  thereof,  to  fix  the 
county  seat  thereof,  and -to  provide  for  its  organization  and  election 
of  officers,  and  to  classify  said  county.     [Approved  March  22,  1893. 
Stats.  1893,  p.  176.] 
ClUtions.     Oal.  152/228. 


Acts  1808-1827  GENERAL  LAWS.  570 

TITLE  255. 
KLAMATH  COUNTY. 
ACT  1808. 

Annexed  to  Humboldt  and  Siskiyou.     [Stats.  1873-74,  p.  755.] 
Amended  and  supplemented  1875-76,  p.  603. 

TITLE  256. 
KLAMATH  RIVER. 
ACT  1813. 

To  declare  the  Klamath  River  navigable.     [Stats.  1880,  p.  136.] 
Repealed  1891,  p.  10. 

TITLE  257. 
KNIGHT'S  LANDING. 
ACT  1818. 

To  prevent  hogs  and  goats  running  at  large  in.  [Stats.  1871-72,  p.  438.] 
Probably  repealed  by  §  9,  statute  of  1897,  p.  198. 

TITLE  258. 

LABORERS. 
Hours  of  labor:    See  tit.  "Hours  of  Labor,"  ante. 

ACT  1823. 

To  protect  the  wages  of  labor.     [Stats.  1867-68,  p.  213.] 

Amended  1871-72,  p.  205. 

This   act  made  laborers  preferred   creditors.     It  was   superseded  by  the  Code 
of  Civil  Procedure,  §§  1204-1207. 

TITLE  259. 
LABOR  STATISTICS. 
ACT  1827. 

An  act  directing  the  commissioner  of  the  bureau  of  labor  statistics  to  col- 
lect certain  statistics,  and  present  them  in  biennial  reports,  and  mak- 
ing it  the  duty  of  certain  officers  to  furnish  such  statistics  in  com- 
pliance with  the  provisions  of  this  act. 

[Approved  March  18,  1905.     Stats.  1905,  p.  109.] 

§  1.  The  commissioner  of  the  bureau  of  labor  statistics  is  hereby  di- 
rected, in  addition  to  his  other  duties,  to  collect  and  present  in  his  bien- 
nial report  to  the  legislature,  statistics  relating  to  marriage,  divorce,  and 
crime. 

§  2.  It  is  hereby  declared  to  be  the  duty  of  all  officers  of  each  re- 
spective county,  city,  or  city  and  county,  in  addition  to  their  other  duties, 
whose  duty  it  is  to  keep  a  record  of  marriage,  divorce,  or  crime,  and  they 
must  furnish  to  the  commissioner  of  the  bureau  of  labor  statistics,  upon 


571  LABOR  UNIONS— LAKE   COUNTY.  Acts  1828-1841 

his  request,  whatever  data  it  may  be  necessary  for  said  commissioner  to 
acquire  in  complying  with  the  provisions  of  section  one  of  this  act. 

§  3.     This  act  shall  take  effect  and  be  in  force  immediately  upon  its 
passage  and  approval. 

ACT  1828. 

To  establish  and  support  a  bureau  of  labor  statistics.     [Stats.  1883,  p.  27.] 
Amended  1889,  p.'6;  1901,  p.  12;  1907,  p.  306;  1909,  p.  36, 

TITLE  260. 
LABOR   UNIONS. 
ACT  1830. 

An  act  to  prevent  persons  from  unlawfully  wearing  the  button   of  any 
labor  union  of  this  state.     [Approved  "March  20,  1909.     Stats.  1909, 
p.  546.] 
This  act  appears  in  full  in  Appendix,  Penal  Code,  p.  2082. 

ACT  1831. 

An   act  to  prevent  persons  from  unlawfully  using  a  nnion   card.     [Ap- 
proved March  22,  1909.     Stats.  1909,  p.  668.] 
This  act  appears  in  full  in  Appendix,  Penal  Code,  p.  2082. 

TITLE  261. 
LAKE  BIGLER. 
ACT  1833. 

To  legalize  the  name  of  Lake  Bigler.     [Stats.  1869-70,  p.  64.] 

TITLE  262. 
LAKE  COUNTY. 
ACT  1838. 

Authorizing  issuance  of  bonds  by,  to  pay  a  judgment  against  the  county. 
[Stats.  1875-76,  p.  209.] 
Amended  1875-76,  p.  405. 

ACT  1839. 

Concerning  salary  of  district  attorney.     [Stats.  1871-72,  p.  441.] 
Repealed   by    County    Government    Act,    1897,    p.    562,  §  203. 

ACT  1840. 

Transfer-and  loan  of  certain  funds  in.     [Stats.  1873-74,  p.  349.] 

ACT  1841. 

Fees  and  salaries  of  officers  of.     [Stats.  1875-76,  p.  599.] 
Amended  1877-78,  p.  256.     Repealed  by  County  Government  Act,  1897,  p.  652, 
S  203. 


Acts  1842-1858  GENERAL  LAWS.  572 

ACT  1842. 

Eoads  and. highways  in.     [Stats.  1875-76,  p.  385.] 

Repealed  1883,  p.  5,  c.  X,  §  2. 
ACT  1843. 

Eestricting  sheep  from  being  herded  or  running  at  large  in  certain  parts 
of.     [Stats.  1873-74,  p.  434.] 

Amended  1875-76,  p.  312.     Probably  repealed  1897,  p.  198. 

ACT  1844. 

To  prevent  sheep  and  goats  from  being  herded  or  from  running  at  large 
in  parts  of.     [Stats.  1877-78,  p.  685.] 
Probably  repealed  1897,  p.  198. 

ACT  1845. 

Authorizing  supervisors  to  levy  special  tax  for  extermination  of  squirrels 

in.     [Stats.  1877-78,  p.  441.] 

Superseded  by   subd.   26,  §  25,    County   Government   Act,    1897,   p.   465. 

TITLE  263. 
LAKE  EAEL. 
ACT  1850. 

Lake  Earl,  declaring  navigable.     [Stats.  1873-74,  p.  59.] 
Repealed  1901,  p.  3. 

ACT  1851. 

An   act   to   provide   for  permanently   draining  Lake   Earl   in   Del   Norte 

County,   and   making   an  appropriation   therefor.     [Approved   March 

11,   1907.     Stats.  1907,  p.   207.] 

TITLE   264. 
LAKEPORT. 
ACT  1855. 

To  prevent  hogs  from  running  at  large  in.     [Stats.  1877-78,  p.  435.] 
Probably  repealed  by  1897,  p.  198. 

TITLE   265. 
LAKES. 
ACT  1858. 

An  act  authorizing  the  United  States  government  to  lo-\^er  the  water 
levels  of  any  or  all  of  the  following  lakes:  Lower  or  Little  Klamath 
Lake,  Tule  or  Rhett  Lake,  Goose  Lake,  and  Clear  Lake,  situated  in 
Siskiyou  and  Modoc  counties,  and  to  use  any  part  or  all  of  the  beds 
of  said  lakes  for  the  storage  of  water  in  connection  with  the  irriga- 
tion and  reclamation  operations  conducted  by  the  Eeclamation  Serv- 


5,3  LAKE  TAHOE— LANDLORD  AND  TENANT.         Acts  1859-18C6 

ice  of  the  United  States;  also  cecling  to  the  United  States  all  right, 
title,  interest  or  claim  of  the  state  of  California  to  any  lands  un- 
covered by  the  lowering  of  the  water  levels  of  any  or  all  of  said 
lakes  not  already  disposed  of  by  the  state.  [Approved  February  3, 
1905.  Stats.  1905,  p.  4.] 
See   "Lake  Tahoe."   tit.   266. 

TITLE  266. 
LAKE  TAHOE. 

ACT  1859. 

An  act  to  provide  for  the  construction  of  permanent  bridge  work  on  the 
Lake  TsJioe  wagon  road,  a  state  highway,  and  making  au  appropria- 
tion therefor.     [Approved  March  22,  1905.     Stats.  1905,  p.  796.] 

ACT  1860. 

To  create  the  office  of  Lake  Tahoe  wagon  road  commissioner.     [Stats. 
1897,  p.  388.] 

Amended   1899,  p.  236. 

Repealed  1907,  p.  215. 

ACT  1861. 

To  authorize  the  state  to  secure  the  title  to  right  of  way  of  a  wagon  road 

situate  between  Smith's  Flat,  El  Dorado   County,  and  Lake  Tahoe. 

[Stats.  1895,  p.  119.] 

Superseded  1897,  p.  389. 

ACT  1862. 

An  act  to  appropriate  money  for  the  general  improvement  and  comple- 
tion of  survey  of  the  Lake  Tahoe  wagon  road,  and  for  the  construc- 
tion of  restraining  walls,  culverts,  bridges  and  milestones  thereon. 
[Approved  March  8,  1907.     Stats.  1907,  p.  140.] 

ACT  1863. 

An  act  to  appropriate  the  sum  of  twenty  thousand  dollars  for  the  gen- 
eral improvement  of  Lake  Tahoe  wagon  road,  and  for  constructing, 
erecting  and  operating  a  sprinkling  plant  and  appurtenances  thereon. 
[Approved  April  12,  1909.     Stats.  1909,  p.  853.] 

TITLE  267. 
LANDLORD  AND  TENANT. 
iLCT  1866. 
Relating  to  the  rights  of  landlords  and  tenants.     [Stats.  1861,  p.  514.] 
Superseded  by  Civil  Code  and  Code  of  Civil  Procedure. 
Citations.     Gal.  44/237;  51/183. 


Acts  1871-1885  GENERAL  LAWS.  674 

TITLE  268. 
LAKCENY. 
ACT  1871. 

Act  to  more  fully  define  the  crime  of  larceny.     [Stats.  1871-72,  p.  282.] 
See  §  495,  Penal  Code. 
This  act  appears  in  Appendix,  Penal  Code,  p.  2083. 

ACT  1872. 

Concerning  crimes  and  punishments,  supplementing  act  of  April  16,  1850. 
[Stats.  1871-2,  p.  435.] 
Remains  in  force:   People  v.  Salvador,  71  Cal.  16. 

This  act  made  the  stealing  of  amalgam,  gold-dust,  or  quicksilver  grand  lar- 
ceny.     It  appears  in  full  in  Appendix,  Penal  Code,  p.  2083. 

TITLE  269. 
LASSEN  COUNTY. 
ACT  1877. 

Fixing  salaries  of  district  attorney  of.     [Stats.  1871-72,  p.  189.] 
Repealed  by  County  Government  Act,  1897,  p.  567,  §  209. 

ACT  1878, 

To  regulate  fees  of  justices  in.     [Stats.  1877-78,  p.  683.] 
Repealed  by  the  fee  bill  of  1895,  p.   267. 

ACT  1879. 

County   treasurer,   bonds   of.     [Stats.    1875-76,   p.    154.] 
Repealed   by   County   Government   Act,    1897,   p.   475,    §  66. 

ACT  1880. 

Public  roads.     [Stats.  1875-76,  p.  539.] 
Supplemented   1875-76,  p.   858.      Amended  1877-78,  p.   641.     Repealed  1883, 
p.   5,  c.  X,  §  2. 

TITLE  270. 
LAW  LIBRARIES, 
ACT  1885, 

To  establish  law  libraries,     [Stats.  1891,  p.  430.] 

Amended    1895,   p.   46;    1907,   p.    85. 

Superseded    by  §§  4190-4204    of    Political    Code    as    amended    in    1907. 

As  to  supreme  court  law  library,  see  Political  Code,  §  2313;  San  Francisco  law 
library,  see  Stats.  1869-70,  p.  235,  amended  1880,  p.  40;  charter  of  San  Fran- 
cisco, c  IX,  art.  V. 


575  LEASES— LEGAL    TENDER.  Acts  1890,  1895 

TITLE  271. 
LEASES. 
ACT  1890. 

An  act   concerning  confirming  and  ratifying  leases   and  other  contracts 

made  by  any  officer  or  boards  of  officers  of  this  state. 

[Approved  March  23,  1901.     Stats.  1901,  p.  601.] 

§  1.  All  leases  for  terminal  facilities  made  or  executed  by  any  state 
officer  or  board  of  state  officers  to  any  person,  persons  or  corporation 
within  two  years  prior  to  the  passage  of  this  act  and  which  shall  be  on 
file  in  the  office  of  the  secretary  of  state  on  or  before  February  fifteenth, 
nineteen  hundred  and  one,  are  hereby  recognized,  approved  and  ratified, 
and  the  terms,  covenants  and  conditions  thereof  shall  bind  the  parties 
thereto,  their  successors  and  assigns  and  the  state  of  California. 

§  2.  The  lease  of  the  lands  known  as  China  basin  in  the  city  and 
county  of  San  Francisco  to  the  San  Francisco  and  San  Joaquin  Valley 
Railway  Company  for  terminal  facilities,  made  on  November  twenty- 
first,  nineteen  hundred,  by  and  between  said  company  and  the  board  ol 
state  harbor  commissioners,  is  hereby  approved  and  ratified,  and  the 
covenants,  conditions  and  terms  thereof  shall  bind  the  parties  thereto, 
their  successors  and  assigns,  and  the  state  of  California. 

§  3.     All  acts  and  parts  of  acts  in  conflict  herewith  are  hereby  repealed. 

§  4.     This  act  shall  take  effect  immediately. 

TITLE  272. 
LEGAL   TEiNiJER. 
ACT    1895. 

An   act   in   relation   to   the   currency   of   the   United   States.     [Approved 
March   12,  1880.     Stats.   1880,  p.  8   (Ban.   ed.   28).] 
Citations.      Cal.  104/689. 

§  1.  All  legal-tender  notes  heretofore  issued,  or  which  may  hereafter 
be  issued,  by  the  government  of  the  United  States  of  America,  as  legal- 
tender  notes,  shall  be  received  at  par  in  payment  for  all  taxes  due  or 
to  become  due  to  this  state,  or  to  any  county  or  municipal  corporation 
thereof,  and  such  notes  shall  be  a  legal  tender  for  all  debts,  dues,  and 
demands  between  citizens  of  this  state. 

§2.  All  acts,  and  the  provisions  of  any  act  or  parts  of  acts,  conflict- 
ing with  this  act  are  hereby  repealed. 

§  3,  This  act  shall  take  effect  and  be  in  force  from  and  after  its  pass- 
age. 


Acts  1900-1913  GENERAL  LAWS.  676 

TITLE  273. 
LEGISLATION. 
ACT  1900. 

For  the  creation  of  a  commissioii  for  the  promotion  of  uniformity  of  leg- 
islation in  the  United  States,  and  to  appropriate  money  for  its  ex- 
penses.    [Approved  March  9,  1897.     Stats.  1897,  p.  74.] 
Repealed  1901,  p.  49. 

TITLE  274. 
LEGISLATIVE   DISTRICTS. 
ACT  1905. 

Senatorial  and  assembly  districts,  defining.     [Stats.  1873-74,  p.  366.] 
Amended   1880,   p.   4.      Repealed   1883,   pp.   58.   85. 
Citations.      Cal.  65/578;  96/292. 

ACT  1906. 

To  divide  the  state  into  senatorial  districts,  and  to  provide  for  the  elec- 
tion of  senators  therein.     [Stats,   1883,  p.  58.] 

Repealed  1891,  p.  71. 

Citations.     Oal.  96/296;   112/329. 

ACT  1907. 

To  divide  the  state  into  assembly  districts,  and  to  provide  for  tlie  election 
of  assemblymen.     [Stats,  1883,  p.  85.] 
Repealed  1891,  p.  71, 

ACT  1908. 

To  divide  the  state  into  legislative  districts,  and  to  provide  for  the  elec- 
tion  of   assemblymen   and   senators  in   each   district.     [Stats.    1891, 
p.  71,] 
Superseded  1901,  p.   535. 

ACT  1909. 

To  divide  the  state  into  legislative  districts,  and  to  provide  for  the  elec- 
tion of  senators  and  assemblyme?  therein.     [Stats.  1901,  p.  535.] 
Citations.      Cal.  152/235,  236. 
Codified  by  §i  73,  90  of  Political  Code, 

TITLE  275. 

LEVEE  DISTRICTS, 

ACT  1913. 

An  act  to  provide  for  the  formation  of  levee  districts  in  the  various 
counties  of  this  state,  and  to  provide  for  the  erection  of  levees, 
dikes  and  other  works  for  the  purpose  of  protecting  the  lands  witliin 
such  districts  and  overflow  and  to  levy  assessments  to  erect  and  con- 
struct and  maintain  such  levees,  dikes  and  other  works  and  to  pay 
the  necessary  costs  and  expenses  of  maintaining  said  districts, 

[Approved  March  20,  1905.     Stats,  1905,  p,  327,] 
Amended  1907,  p.  333. 


677  LEVEE  DISTRICTS.  Act  1913,  §§  1-8 

Petition  to  supervisors  for  fonnation  of  levee   district.    Resolution  of 

Intention.     Publication  of  Notice, 

§1.  Whenever  the  board  of  supervisors  of  any  county*  in  this  state 
shall  receive  a  petition  signed  by  a  majority  of  the  land  owners  within 
any  portion  of  said  county,  accompanied  by  a  deposit  sufficient  to  cover 
the  cost  of  publication  of  all  notices  required  by  sections  2  and  3  of 
this  act,  which  said  portion  of  said  county  shall  be  specifically  described 
and  set  out  by  metes  and  bounds  in  said  petition,  asking  that  said  por- 
tion of  said  county  be  set  apart  and  erected  into  a  levee  district  for 
the  purpose  of  protecting  the  lands  embraced  in  said  portion  of  said 
county  from  overflow  from  any  river,  stream  or  streams,  or  watercourse, 
the  board  of  supervisors  shall  pass  a  resolution  signifying  its  intention 
to  erect  and  set  apart  said  portion  of  said  county  into  a  levee  district, 
for  the  purpose  of  protecting  the  lands  therein  from  overflow  and  de- 
scribing the  exterior  boundaries  of  the  district  of  lands  embraced  therein, 
aud  to  be  assessed  to  pay  the  damages,  costs  and  expenses  thereof.  Such 
resolution  shall  also  contain  a  notice  to  be  published,  which  said  notice 
shall  be  headed,  "Notice  of  intention  of  the  board  of  supervisors  to 
form  a  levee  district,"  and  shall  state  the  fact  of  the  passage  of  such 
resolution,  with  the  date  thereof,  the  boundaries  of  the  district,  and  the 
statement  that  it  is  proposed  to  assess  all  properties  embraced  within 
such  proposed  levee  district  for  the  purpose  of  paying  the  damages,  costs 
and  expenses  of  erecting  and  repairing  dikes,  levees  and  other  improve- 
ments to  protect  the  said  lands  from  overflow,  and  the  necessary  ex- 
pense of  maintaining  the  said  district  and  refer  to  the  resolution  for 
further  particulars.  Such  notice  to  be  given  by  the  board  of  supervisors 
and  signed  by  its  clerk.  Petitions  shall  be  heard  in  the  order  of  filing. 
[Amendment  approved  "March  16,  1907.  Stats.  1907,  p.  333.  In  eflEect 
immediately.] 

Term  of  publication. 

§  2.  Such  notice  shall  be  published  for  a  period  of  thirty  days,  in  a 
newspaper  published  and  circulated  in  said  county  and  designated  by 
said  board  of  supervisors. 

Objections  to  fonnation  of  district.     Time  for  hearing, 

§  3.  Any  person  interested,  objecting  to  the  formation  of  such  levee 
district  or  to  the  extent  of  the  district  of  lands  to  be  affected  or  bene- 
fited by  erection  or  repair  of  such  dikes,  levees  or  other  improvements 
to  protect  the  same  from  overflow,  and  to  be  assessed  to  pay  the  costs 
and  expenses  thereof,  may  make  written  objections  to  the  same  within  ten 
days  after  the  expiration  of  the  time  of  the  publication  of  said  notice, 
which  objection  shall  be  delivered  to  the  clerk  of  said  board  of  super- 
visors, who  shall  indorse  thereon  the  date  of  its  reception  by  him,  and 
at  the  next  regular  meeting  of  said  board  of  supervisors  or  at  an  ad- 
journed meeting  or  a  special  meeting  called  for  that  purpose,  after  the 
expiration  of  said  ten  days  lay  such  objections  before  said  board  of  super- 
visors, said  board  shall  then  fix  a  time  for  hearing  of  said  objections 
not  less  than  fifteen  days  thereafter  and  direct  its  clerk  to  notify  each 
Gen.  Laws — 37 


Act  1913,  §§4-7  GENERAL  LAWS.  578 

person  objecting  of  such  day  fixed  for  hearing,  by  depositing  a  notice 
thereof  in  thg  postoffice  at  the  county  seat  of  such  county,  postage  pre- 
paid addressed  to  such  person  objecting,  which  said  notice  shall  be  de- 
posited in  the  postoffice  not  less  than  ten  days  before  the  day  set  for 
hearing. 

Hearing. 

§  4.  At  the  time  specified  or  to  which  the  hearing  may  be  adjourned, 
the  board  of  supervisors  shall  hear  the  objections  urged  and  pass  upon 
the  same.  Such  board  may,  in  its  discretion  sustain,  in  whole  or  in  part, 
any  or  all  of  the  objections  made  and  filed,  and  must  declare  such  levee 
district  as  petitioned  for  formed  as  a  subdivision  of  such   county,  and 

shall  designate  such  district  by  name  as  the  " Levee  District  of 

County."  [Amendment  approved  March  16,  1907.  Stats.  1907,  p.  334, 
In  effect  immediately.] 

Declaration  of  supervisors. 

§  6.  If  it  shall  appear  to  the  satisfaction  of  the  board  of  supervisors 
that  it  is  the  desire  of  a  majority  of  the  owners  of  land  in  such  proposed 
district  that  the  same  should  be  erected  into  a  levee  district,  and  that  it 
is  just  and  proper,  they  may  declare  said  territory  a  levee  district  for 
the  above  purposes,  and  record  the  same  in  a  book  to  be  kept  for  that 
purpose,  giving  the  metes  and  bounds.  [Amendment  approved  March 
16,  1907.     Stats.  1907,  p.  334.     In  effect  immediately.] 

Notice  of  election  of  trustees.    Who  may  vote.     Conduct  of  election. 

§  7.  Within  ten  days  after  the  board  of  supervisors  have  declared  the 
territory  a  levee  district  and  recorded  the  samp  as  provided  in  section 
5  of  this  act,  the  board  of  supervisors  must  give  notice  of  an  election 
to  be  held  in  the  said  district,  for  the  election  of  three  eligible  persons, 
who  shall  be  property  owners  in  said  district  and,  who  shall  constitute 
when  elected  and  qualified,  the  board  of  trustees  of  the  district  for  the 
management  of  the  affairs  thereof,  and  who  shall  hold  office  for  two 
years  next  succeeding  their  election,  and  until  their  successors  are  elected 
and  qualified.  The  notice  calling  such  election  shall  not  be  less  than 
one  month,  and  at  such  election  every  qualified  elector  in  said  district 
whose  names  shall  appear  on  the  last  preceding  assessment-roll  of  the 
county  and  having  been  assessed  on  property  within  the  boundaries  of 
said  district,  shall  be  entitled  to  vote,  and  a  majority  of  votes  cast  at 
such  election  shall  elect.  The  board  of  supervisors  must  appoint  a  time 
and  place  for  holding  such  election.  The  notice  of  such  election  shall  be 
given  by  publication  for  not  less  than  one  month,  in  a  newspaper  in  the 
county  where  such  district  is  situated.  For  the  purpose  of  such  election 
the  board  of  supervisors  of  the  county  in  which  said  district  is  situated 
must  appoint  from  the  qualified  electors  and  property  owners  of  said 
district,  one  inspector  and  two  judges  of  election  for  such  district;  but 
in  case  the  board  of  supervisors  fail  to  appoint,  or  the  persons  appointed, 
fail  to  attend  at  the  time  and  place  appointed  for  such  election,  the 
voters  present  at  the  time  and  place  of  opening  the  polls  may  appoint  the 


579  LEVEE  DISTRICTS.  Act  1913,  9  8 

hoard  or  snpplv  the  place  of  the  absent  member  thereof.  Each  member 
of  the  board  of  election  must  before  entering  upon  his  duties,  be  sworn 
to  faithful  performance  thereof  by  some  officer  authorized  to  administer 
oaths.  The  board  of  election  must  canvass  the  votes  cast,  and  issue 
certificates  of  election  to  the  persons  elected,  and  must  place  the  ballots 
when  canvassed  in  an  envelope,  and  forward  the  same  scaled  to  the 
clerk  of  the  board  of  supervisors.  Any  legally  qualifipd  voter  may  chal- 
lenge any  vote,  and  the  board  of  election  shall  determine,  by  the  oath 
of  the  parties  or  otherwise,  as  they  may  think  proper,  whether  or  not 
the  person  challenged  is  entitled  to  vote,  and  in  case  of  challenge,  either 
one  of  the  board  of  election  is  hereby  authorized  to  administer  oaths. 
The  polls  shall  be  open  from  10  A.  M.  until  4  P.  M.  In  case  of  vacancy 
in  the  board  of  trustees,  the  board  of  supervisors  shall  by  appointment 
fill  such  vacancy.  Similar  elections  shall  be  held  every  two  years  from 
and  after  the  date  of  the  first  election,  and  shall  be  called  in  the  same 
way  as  the  first  election.  [Amendment  approved  March  16,  1907.  Stats. 
1907,  p.  335.     In  effect  immediately.] 

Trustees  must  keep  an  office.    Powers  of  trustees.     Yearly  estimate  of 

cost.     Eeport  to  supervisors. 

§  8.  The  board  of  trustees  must  keep  an  office  in  or  near  the  district 
for  the  transaction  of  the  business  thereof,  and  the  books,  maps,  papers, 
records,  contracts  and  other  documents  pertaining  to  the  affairs  of  the 
district  must  be  open  for  inspection  to  any  person  interested  at  all  times. 
From  and  after  the  election  and  qualification  of  said  trustees  said  district 
shall  be  deemed  organized  and  shall  have  power  to  sue  or  be  sued.  The 
board  of  trustees  shall  have  power  to  elect  one  of  its  members  president 
thereof,  to  employ  engineers  and  others,  to  survey,  plan,  locate  and 
estimate  the  cost  of  the  works  and  improvements  necessary,  in  the  way 
of  erection  or  repair  of  levees,  dikes  and  other  works  for  the  benefit  of 
said  district;  to  thereafter  and  at  any  time  in  its  discretion  modify  or 
change  said  original  plan  or  plans,  or  to  adopt  any  new  supplemental 
or  additional  plan  or  plans,  when  in  its  judgment  the  same  shall  become 
necessary;  to  acquire  by  purchase,  condemnation  or  otherwise,  rights  of 
way,  and  the  right  to  take  material  for  the  construction  of  all  works 
necessary  for  the  accomplishment  of  the  objects  of  the  district  including 
drains,  levees  and  embankments,  and  to  construct,  maintain  and  keep 
in  repair  all  works,  requisite  and  necessary  to  that  end;  and  to  do  all 
other  acts  and  things  necessary  or  required  for  the  protection  of  the 
lands  in  said  district  from  the  overflow  of  any  river,  stream,  streams 
or  watercourse,  and  to  employ  the  service  of  any  person  legal  or  other- 
wise which  in  the  judgment  of  said  board  of  trustees  may  be  necessary 
to  the  welfare  of  the  district.  The  said  board  of  trustees  shall  each  year 
estimate  the  total  cost  for  all  purposes  of  erecting,  constructing  or 
repairing  levees,  dikes  or  other  works,  and  doing  the  necessary  things 
for  the  protection  of  the  lands  and  property  within  said  district  from 
the  overflow  of  any  river,  stream,  streams  or  watercourse,  and  maintain 
the  same  for  one  year,  including  all  damages  awarded  to  any  person  by 
reason  of  the   erection  or  construction  of  any  of  said  levees,  dikes  or 


Act  1913,  §§  9,  10  GENERAL  LAWS.  580 

other  works  for  protection,  and  upon  approval  by  a  majority  of  the 
electors  shall  thereupon  make  a  report  of  the  foregoing  matters  to  the 
board  of  supervisors  in  which  said  district  is  situated,  .showing  the 
amount  of  money  required  by  said  district  for  all  purposes  for  one  year 
thereafter.  Said  estimate  of  moneys  necessary  for  said  district  for  each 
year,  and  said  report  shall  be  made  to  said  board  of  supervisors  by  said 
board  of  trustees  on  or  before  the  1st  day  of  September  of  each  year 
after  the  formation  of  said  district,  and  said  estimate  made  as  afore- 
said and  report  to  said  board  of  supervisors  by  said  board  of  trustees 
as  hereinbefore  set  out,  shall  in  each  instance  form  the  basis  of  the 
estimates  of  the  board  of  supervisors  for  the  amount  of  money  required 
to  be  raised  by  assessment  on  the  lands  and  personal  property  within 
such  district  for  such  year.  [Amendment  approved  March  16,  1907. 
Stats.   1907,   p.   336.     In   effect  immediately.] 

Duty  of  county  assessor. 

§  9.  The  county  assessor  of  such  county  shall,  on  or  before  the  1st 
day  of  September  of  each  year  after  the  formation  of  such  district,  and 
at  such  other  times  as  the  board  of  supervisors  shall  rr-quire,  furnish 
said  board  of  supervisors  with  a  detailed  statement  sho\viiig  the  names 
of  all  owners  of  land  and  personal  property  within  the  boundaries  of  said 
district  and  the  assessed  valuation  of  said  lands,  improvements  thereon, 
and  personal  property,  as  shown  on  the  last  preceding  assessment-roll, 
made  by  such  assessor  on  the  property  within  said  district.  [Amend- 
ment approved  March  16,  1907.  Stats.  1907,  p.  336.  In  effect  imme- 
diately.] 

Annual  tax  levy. 

§  10.  At  the  time  when  by  law  it  is  the  duty  of  the  board  of  super- 
visors of  such  county  to  fix  the  annual  tax  rate  of  such  county,  the  said 
board  of  supervisors  taking  as  a  basis  the  last  previous  estimate  and 
report  of  said  board  of  trustees  of  said  district  as  hereinbefore  specified, 
for  the  amount  of  money  necessary  to  be  raised  in  said  district  for  the 
purposes  thereof  for  that  year,  and  the  valuation  of  the  lands  and 
improvements  thereon,  and  personal  property  within  such  district  as  fur- 
nished them  by  the  county  assessor,  must  levy  a  tax  upon  all  taxable 
property  in  such  levee  district  sufficient  to  raise  the  amount  set  forth  in 
said  estimate  and  report  as  made  by  said  board  of  trustees. 

The  rate  of  taxation  shall  be  ascertained  by  deducting  twenty  per  cent 
for  anticipated  delinquency  from  the  aggregate  value  of  all  the  property 
in  said  district  as  shown  by  the  statement  prepared  and  furnished  to 
said  board  of  supervisors  by  the  assessor  as  hereinbefore  provided,  aud 
then  dividing  the  amount  necessary  to  be  raised  in  said  levee  district 
by  the  remainder  of  such  aggregate  assessed  value  as  shown  in  said 
statement  as  furnished  by  said  assessor.  The  taxes  so  levied  shall  be 
computed  and  entered  upon  the  assessment-roll  of  the  county  by  the 
county  auditor  and  collected  at  the  same  time,  and  in  the  same  manner 
as  state  and  county  taxes;  and  when  collected  shall  be  paid  into  the 
county  treasury  for  the  use  of  said  levee  district  in  which  said  taxes 
were  levied.     And  all  taxes  so  levied  as  hereinbefore  provided  shall  be 


581  LEVEE  DISTRICTS.  Act  1913,  §§  11,  12 

,1  lien  upon  the  lands  and  property  in  said  district,  in  the  manner,  and 
with  the  same  effect,  and  collected  in  the  same  way,  as  are  state  and 
county  taxes.  [Amendment  approved  March  16,  1907.  Stats.  1907,  p. 
;;.Ui.     In  effect  immediately.] 

Disposition  of  moneys  collected.     Payment  of  claims. 

§  11.  All  moneys  collected  from  such  district  for  such  taxrs.  and  all 
moneys  received   from   any   source   for  the   benefit   of  such   district   shall 

lie  by  the  county  treasurer  placed  in  a  fund,  to  be  called  the  " Levee 

District  Fund";  and  all  payments  of  any  of  the  expenses  of  the  work 
or  improvements  or  other  expenses  of  such  district  shall  be  made  upon 
warrants  drawn  by  the  county  auditor  upon  such  fund,  and  paid  by  said 
treasurer,  and  all  claims  as  well  for  the  land  and  improvements  taken 
or  damaged,  as  for  the  charges  and  expenses  of  said  district,  shall  be 
paid  on  claims  prepared  in  the  manner  required  by  law  for  the  prepara- 
tion of  claims  against  the  county  and  first  presented  to  the  board  of 
trustees  of  said  district,  and  be  by  them  approved,  and  then  to  be  pre- 
sented and  filed  as  are  the  claims  against  the  county,  and  shall  there- 
upon be  paid  as  are  the  claims  against  the  county,  and  upon  the  order 
of  the  board  of  supervisors,  and  the  claims  shall  be  itemized  in  the  same 
manner  as  are  the  claims  against  the  county.  [Amendment  approved 
March   16,   1907.     Stats.    1907,   p.   337.     In   efPect   immediately.] 

Construction  must  be  by  contract;   exception.     Sealed  bids.     Emergency 

work.     Plans  and  details. 

§  12.  No  levees,  dikes  or  other  works  for  the  benefit  of  said  district 
must  be  constructed  or  repaired  except  on  the  order  of  the  board  of 
trustees  of  said  district  and  when  such  repair  or  construction  will  exceed 
the  sum  of  $500  the  same  must  be  repaired  or  constructed  under  a 
contract,  let,  after  reasonable  notice  given  by  the  said  board  of  trustees 
by  publishing  said  notice  at  least  once  a  week  for  two  weeks  in  a  news- 
paper published  and  circulated  in  said  county  and  degignated  by  said 
board  of  trustees.  All  bids  shall  be  sealed  and  shall  be  opened  at  the 
time  specified  in  the  notice,  and  the  contract  awarded  to  the  lowest 
responsible  bidder.  The  board  may  however,  reject  any  and  all  bids. 
The  contract  and  bond  for  its  performance  must  be  entered  into  and 
approved  by  the  board  of  trustees,  except  however  in  cases  of  great 
emergency,  by  the  unanimous  consent  of  the  whole  board  of  trustees 
they  may  proceed  at  once  to  replace  or  repair  any  and  all  levees,  dikes 
or  other  works  of  whatever  nature  without  notice.  Prior  to  the  publica- 
tion of  the  notice  of  the  letting  of  any  contract  for  the  erection  or 
repair  of  dikes,  levees  or  other  works,  the  board  of  trustees  must  cause 
to  be  prepared  by  a  competent  engineer,  plans  and  specifications  and 
working  details  of  such  work,  which  said  plans  and  specifications  shall 
be  adopted  by  the  board  of  trustees  and  filed  in  the  oflice  of  said  board 
and  shall  be  subject  to  inspection  by  any  person  for  at  least  two  weeks 
prior  to  the  date  of  the  letting  of  such  contract.  The  board  of  trustees 
must  appoint  an  engineer  to  supervise  the  construction,  repair  or  other 
works  to  be  done  under  such  plans  and  specifications  and  no  claim  shall 
be  allowed  for  any  work  done  under  any  contract  let  under  such  plans 


Act  1913,  §§  13-16  GENERAL  LAWS.  682 

and  specifications  without  a  certificate  being  first  filed  in  the  office  of 
the  board  of  trustees  and  in  the  office  of  the  clerk  of  the  board  of 
supervisors  of  said  county  signed  by  said  engineer,  certifying  that 
such  work  has  been  completed  and  constructed  according  to  the 
plans  and  specifications  and  the  terms  of  the  contract.  Such  engineer 
shall  be  paid  such  compensation  as  may  be  agreed  upon  by  the  board 
of  trustees  and  such  compensation  shall  be  paid  in  the  same  manner  as 
are  other  claims  against  said  district.  [Amendment  approved  March  16, 
1907.     Stats.   1907,   p.   337.     In   effect   immediately.] 

Wlien  county  may  contribute  to  expenses. 

§13.  Whenever  the  board  of  supervisors  of  any  county  in  which  said 
district  is  situated  shall  consider  that  the  construction  or  repair  of  dikes, 
levees  or  other  works  of  said  district  along  or  upon  any  of  the  county 
roads  of  such  county,  will  be  for  the  mutual  benefit  of  such  district  and 
such  county,  then  in  that  event  the  said  board  of  supervisors  shall  have 
power,  and  may  contribute  to  the  expense  and  cost  of  such  work,  such 
sums  of  money  as  they  may  deem  proper  on  behalf  of  the  county,  and 
such  moneys  shall  be  paid  out  of  either  the  general  road  fund  or  the 
special  fund  of  any  road  district,  in  which  said  work  is  done,  and  as  a 
majority  of  said  board  of  supervisors  may  determine.  [Amendment 
approved  March  16,  1907.     Stats.  1907,  p.  338.     In  effect  immediately.] 

Bond  of  trustees. 

§  14.  The  board  of  trustees  elected  under  this  act  shall  serve  without 
compensation,  and  shall  each  file  a  bond  for  the  faithful  performance 
of  their  duties  in  the  sum  of  $5,000  said  bond  to  be  approved  by  the 
judge  of  the  superior  court  of  the  county  in  which  said  district  is  situ- 
ated. [Amendment  approved  March  16,  1907.  Stats.  1907,  p,  338.  In 
effect  immediately.] 

Power  to  condemn  land. 

§  15.  The  board  of  trustees  shall  have  power,  in  the  name  of  the 
district  to  condemn  land,  or  other  property,  for  the  purpose  of  erecting 
levees,  dikes  and  other  improvements  or  obtaining  material  for  the  same 
for  the  purpose  of  protecting  the  lands  embraced  in  said  district  from 
overflow,  and  for  that  purpose,  all  of  the  provisions  of  Part  III,  Title  VII 
of  the  Code  of  Civil  Procedure  are  hereby  made  applicable  to  exercise 
of  the  right  of  eminent  domain  for  such  purpose  to  the  needs  of  such 
district.  [Amendment  approved  March  16,  1907.  Stats.  1907,  p.  338. 
In  effect  immediately.] 

Not  to  supersede  other  acts. 

§  16.  This  act  is  not  intended  to  supersede  or  repeal  any  other  act 
for  the  construction  and  maintenance  of  ditches,  levees,  dikes  or  works  of 
protection  or  for  drainage  or  for  reclamation  but  is  intended  as  an 
independent  and  alternative  means  of  constructing  and  erecting  such 
districts,  levees,  dikes  or  other  works  of  protection  where  most  applicable 
and  desirable  to  the  parties  interested.  [Amendment  approved  March 
16,  1907.     Stats.  1907,  p.  338.     In  effect  immediately.] 


583  LEVEE  DISTRICTS.  Acts  1914-1921 

ACT  1914. 

To  provide  for  the  organization  and  government  of  levee  districts  created 
for  the  protection  of  lands  from  overflow  of  innavigable  running 
streams  of  water,  and  to  confine  innavigable  running  streams  to  a 
fixed  channel.  [Approved  March  10,  1891.  Stats.  1891,  p.  30.  Ee- 
pealed  Stats.  1893,  p.  111.] 

ACT  1915. 

Yuba,  Sutter,  and  Placer  counties,  to  organize  a  levee  district  in,  and 
to  provide  for  the  construction,  maintenance  and  repair  of  levees 
therein.     [Stats.  1877-78,  p.  732.] 

ACT  1910. 

To  organize  levee  district  No.  1,  Sacramento  County,  and  to  provide  for 
its  government.     [Stats,   1877-78,  p.'  853.] 
Amended  1880,  p.  65. 

ACT  1917. 

Amendatory  of  and  supplementary  to  an  act  entitled  "An  act  to  define 
the  boundary  and  provide  for  the  government  of  levee  district  num- 
ber two,  of  Sutter  County,"  passed  March  23,  1876,  in  relation  to  the 
election  of  officers  for  said  district,  funding  the  floating  debt,  and 
refunding  the  funded  debt  thereof.  [Stats.  1893,  p.  199.] 
Amended  1895,  p.  236.      See  Act  2947,  post. 

ACT  1918. 

To  define  the  boundary  and  provide  for  the  government  of  levee  district 

number  six  of  Sutter  County,  California.     [Stats.  1891,  p.  237.] 

Amended  1907,  p.  56. 
ACT  1919. 
To   provide   for  funding  the   indebtedness  of  levee   district   number  six. 

of  Sutter  Countv.   and  to   provide  for  the  payment  of  such  funded 

debt.     [Stats.    1891,   p.   235.] 

ACT  1920. 

Providing  for  the  payment  of  all  moneys  in  the  state  treasury  to  the 
credit  of  swamp  land  district  funds  to  the  treasuries  of  the  counties 
wherein  the  said  swamp-land  districts  are  situated,  and  to  provide 
for  the  control  of  the  same  by  the  auditor  and  treasurer  of  said 
counties,  and  prescribing  the  duties  of  the  controller  and  treasurer 
in  relation  thereto.     [Approved  March  31,  1891.     Stats.  1891,  p.  243.] 

ACT  1921. 

An  act  to   provide   for  the  funding   and   refunding  of  the  indebtedness 

of  levee  and  protection  districts. 

[Approved  April  1,  1897.     Stats.   1897,  p.  424.] 

§1.     The   board   of   directors   or   trustees    of   any   levee   or   protection 
district    having   an    outstanding   indebtedness   of    not   less    than    twenty 


Act  1921,  §2  GENERAL  LAWS.  584 

thousand  dollars,  evidenced  by  bonds  or  warrants  of  such  district,  by  a 
vote  of  two-thirds  of  all  the  members  thereof,  are  empowered,  if  they 
deem  it  for  the  best  interest  of  such  district  to  fund  and  refund  the 
same,  or  any  part  thereof,  and  issue  bonds  of  such  district  therefor,  in 
sums  of  not  less  than  one  hundred  dollars  nor  more  than  one  thousand 
dollars  each,  having  not  more  than  twenty  years  to  run,  and  bearing  a 
rate  of  interest  not  exceeding  seven  per  cent  per  annum,  payable 
semi-annually,  which  bonds  shall  be  substantially  in  the  following  form: 

No.  .  (Name  of  district),  in  the  county  of  ,  state  of  Cali- 
fornia, for  value  received,  promises  to  pay ,  or  order,  at  the  office  of 

the  treasurer  of  said  district,  in  ,  California,  on  or  before  the  first 

day  of  ,  19 — ,  the  sum     of  dollars,  in  gold  coin  of  the  United 

States,  with  interest  at  the  rate  of  per  cent  per   annum,  payable 

at   the  office  of   said  treasurer   semi-annually,   on   the   first   day   of  

and  in   each   year,   on   presentation   and   surrender   of   the   interest 

coupons  hereto  attached.     This  bond  is  issued  by  the  board  of  of 

said  district  in  conformity  with  a  resolution  of  said  board,  dated  the 
day  of  — — -,  eighteen  hundred  and  ,  and  under  authority  con- 
ferred upon  said  board  by  the  provisions  of  an  act  of  the  legislature  of 
California,  entitled  "An  act  to  provide  for  the  funding  and  refunding 
of  the  indebtedness  of  levee  and  protection  districts,"  approved'  (insert 
date  of  approval  of  the  act). 

In   testimony   whereof,   the    said   district,   by   its   board   of   ,   has 

caused  this  bond  to  be  signed  by  the  chairman  of  said  board,  and  attested 

by  the  auditor  of county,  with  his  seal  of  office  attached,  this  

day  of  18—.  , 

Chairman  of  said  Board. 

Attest:    ,   Auditor   of  county. 

And  the  interest  coupons  shall  be  in  the  following  form: 

The  treasurer  of   (name  of  district)  will  pay  to  the  holder  hereof,  on 

the  day  of  ,  I  ,   at   his  office   in  ,  dollars,   gold 

coin,  for  interest  on  bond  of  said  district  numbered  . 

§  2.  Bonds  issued  under  this  act  shall  be  numbered  consecutively, 
signed  by  the  chairman  of  the  board  of  directors,  or  trustees,  as  the  case 
may  be,  and  delivered  to  the  auditor  of  the  county  in  which  the  levee 
or  protection  district  is  situated,  who  shall  countersign  the  same  and 
affix  thereto  his  official  seal,  and  shall  by  him  be  delivered  to  the  treas- 
urer of  the  district,  who  shall  deliver  to  such  auditor  his  receipt  there- 
for, and  said  treasurer  shall  stand  charged  on  his  official  bond  with  all 
bonds  delivered  to  him  and  the  proceeds  thereof,  and  he  shall  sell  the 
same  or  exchange  them  under  the  direction  of  the  board  of  directors  or 
trustees  of  such  levee  or  protection  district,  on  the  best  available  terms, 
for  any  legal  indebtedness  of  such  district,  but  in  neither  case  for  a 
less  sum  than  the  face  value  of  the  bonds  and  all  interest  accrued 
thereon  at  the  date  of  such  sale  or  exchange;  and  if  any  portion  of  such 
bonds  are  sold  for  money,  the  proceeds  thereof  shall  be  applied  exclu- 
sively to  the  payment  of  liabilities  existing  against  the  district  at  the 
date  last  above  named.  When  they  are  exchanged  for  bonds  or  war- 
rants or  other  legal  evidences  of  district  indebtedness,  the  treasurer  shall 


585  LEVEE   DISTRICTS.  Act  1921,  §§  3-5 

at  once  cancel  such  evidences  of  indetebdness  by  indorsing  tlicreon  the 
amount  for  which  they  were  received,  the  word  "•canceled"  and  the  date 
of  cancellation.  He  shall  keep  a  record  of  all  bonds  sold  or  exchanged 
by  him,  by  number,  date  of  sale,  amount,  date  of  maturity,  the  name 
and  postoffice  address  of  purchasers,  and,  if  exchanged,  what  evidence 
of  indebtedness  was  received  therefor,  which  record  shall  be  open  at  all 
times  for  public  inspection.  No  such  bonds  shall  be  sold  or  exchanged 
for  any  indebtedness  of  the  district  except  by  the  approval  of  the  board 
of  directors  or  trustees  thereof. 

§  3.  The  board  of  directors  or  trustees  shall  cause  to  be  assessed  and 
levied  each  year  upon  the  assessable  property  of  the  district,  in  addition 
to  the  levy  authorized  for  other  purposes,  a  sufficient  sum  to  pay  the 
interest  on  outstanding  bonds,  issued  in  conformity  with  the  provisions 
of  this  act,  accruing  before  the  next  annual  levy,  and  such  proportion 
of  the  principal,  that  at  the  end  of  five  years  the  sum  raised  from  such 
levies  shall  equal  at  least  twenty  per  cent  of  the  amount  of  bonds  issued, 
at  the  end  of  nine  years  at  least  forty  per  cent  of  the  amount,  and  at 
and  before  the  date  of  maturity  of  the  bonds  shall  be  equal  to  the 
whole  amount  of  the  principal,  and  the  money  arising  from  such  levies 
shall  be  known  as  the  bond  fund,  and  shall  be  used  for  the  payment  of 
bonds  and  interest  coupons,  and  for  no  other  purpose  whatever;  and  the 
treasurer  shall  open  and  keep  in  his  books  a  separate  and  special  account 
thereof,  which  at  all  times  shall  show  the  exact  condition  of  said  bond 
fund. 

§  4.  Whenever  there  shall  be  in  the  bond  fund  of  such  district  a  sur- 
plus of  five  hundred  dollars  or  more,  over  and  above  the'  interest  matur- 
ing before  the  next  levy,  the  treasurer  shall  give  notice  for  two  weeks 
in  one  or  more  newspapers  of  general  circulation,  printed  and  published 
in  the  county  in  which  such  district  is  situated,  stating  the  amount  of 
such  surplus,  and  that  on  the  day  and  hour  named  in  such  notice,  sealed 
proposals  wnll  be  received  at  his  office  for  the  surrender  of  bonds  of  the 
district,  and  shall  at  the  time  and  place  named  open  the  proposals  and 
accept  the  lowest  bid;  provided,  that  no  bid  shall  be  accepted  for  an 
amount  exceeding  the  par  value  of  such  bonds  with  accrued  interest; 
if  bids  are  not  offered,  at  par,  or  less,  sufficient  to  exhaust  the  amount 
on  hand  applicable  to  redemption,  the  treasurer  shall  publish  for  the 
same  time  and  in  the  same  manner  a  notice  that  he  will  redeem  a  bond 
or  bonds  of  said  district,  giving  the  number  or  numbers  thereof,  and  that 
if  not  presented  for  redemption  within  thirty  daj^s  after  the  date  of  the 
first  publication  of  such  notice,  the  interest  thereon  will  cease,  and  the 
amount  due  thereon  will  be  set  aside  for  the  payment  of  such  bond  or 
bonds  whenever  presented.  If  any  such  bond  be  not  so  presented,  in- 
terest thereon  shall  cease,  and  the  amount  due  thereon  shall  be  set  aside 
as  specified  in  said  notice.  All  redemption  of  bonds  other  than  those 
voluntarily  surrendered  shall  be  made  in  the  exact  order  of  their  issu- 
ance, beginning  with  the  lowest  or  first  number. 

§5.     This  act  shall  take  effect  immediately. 


Acts  1926-1940  GENERAL  LAWS.  686 

TITLE    276. 
LEXINGTON. 
ACT  1926. 

Lexington,   Los   Angeles   Conntv,   name    changed    to    El   Monte.     [Stats. 
1875-76,  p.  854.] 

TITLE  277. 
LIBEL. 
ACT  1931. 

Concerning  actions  for  libel  and  slander.     [Stats.   1871-72,  p.  533.] 

Amended  1880,  p.  81. 

Citations.      Gal.  69/530;    78/571,   572;    93/422,   425;    153/670.      App.  3/126. 

This  act  appears  in  full  in  Appendix,  Code  of  Civil  Proeedure,  p.  1967.  It 
reciuired  the  plaintiff  to  give  a  bond  for  costs.  It  was  not  repealed  by  the  Code 
of  Civil  Procedure:   Smith  v.  McDermott,  93  Cal.  421. 

TITLE  278. 

LICENSES. 
ACT  1936. 

To   provide   for  miners'  licenses   from  foreigners.     [Stats.    1853,   p.   62.] 
Amended    1854,   p.    55;    1855,   p.   216;    1856,   p.   141;    1857,   pp.    60,    182,    360; 
1858,  p.   302.      Supplemented   1866,  p.   380. 

"Doubtless  unconstitutional;  but  see  People  v.  Naglee,  1  Cal.  232;  Lin  Sing 
y.  Washburn,  20  OaL  544." — Code  Commissioner's  Note. 

ACT  1937. 

To  prohibit  the  issue  of  licenses  to  aliens  not  eligible  to  become  electors. 
[Stats.  1880,  p.  39.] 
"Unconstitutional:   People  v.  Quong  On  Long,   6   Pac.   C.   L.   J.   192.      See   Po- 
litical  Code,  §  3666,    as   amended   1901,   p.    635." — Code    Commissioners'    Note. 

ACT  1938. 

Enforcing  the  collection  of  license  taxes.     [Stats.   1871-72,  p.  539.] 

This  act  imposed  upon  the  district  attorney  the  duty  of  instituting  proceed- 
ings against  persons  neglecting  to  pay  ferry  or  bridge  license  taxes. 

ACT  1939. 

Authorizing  the  payment  of  salaries  by  boards  of  supervisors  to  persons 
who  have  been  employed  to  collect  county  licenses,  and  legalizing 
all  payments  heretofore  made  to  such  persons.  [Approved  March  27, 
1895.     Stats.  1895,  p.  267.] 

ACT  1940. 

An  act  restricting  the  powers  of  boards  of  supervisors  in  the  mntter  of 
imposing  licenses  upon  the  business  of  raising,  herding,  grazing,  and 
pasturing  sheep. 

[Approved  February  26,  1903.     Stats,  1903,  p.  41.] 


687  LICENSES.  Act  1941 

§  1.  No  license  or  licenses  greater  than  five  cents  per  head  shall  be 
imposed  by  the  board  of  supervisors  of  any  county  on  the  business  of 
raising,  herding  or  pasturing  sheep,  and  any  and  all  licenses  imposed  by 
the  board  of  supervisors  of  any  county  on  the  business  of  raising,  herding 
or  pasturing  sheep,  in  excess  of  five  cents  per  head,  shall  be  and  are 
hereby  declared  invalid;  provided,  the  provisions  of  this  act  shall  not 
apply  to  any  license  tax  the  validity  of  which  is  involved  in  any  suit 
now  pending,  or  to  any  such  license  tax  due  when  this  act  takes  effect. 

§  2,     This  act  shall  take  effect  immediately. 
ACT  1941. 

An  act  imposing  a  license  tax  upon  itin-erant  vendors  of  drugs,  nostrums, 
ointments,  or  appliances  sold  for  the  cure  of  disease,  injuries,  or 
deformities. 

[Approved  March  20,  1903.     Stats.  1903,  p.  284.] 
Amended  1907,  p.  765;   1909,  p.  419. 

§  1.  No  person  as  principal  or  agent,  shall  conduct  as  an  itinerant 
vendor  the  business  of  selling  or  in  any  manner  disposing  of  drugs, 
nostrums,  ointments  or  any  appliances  for  the  treatment  of  disease,  de- 
formities or  injuries,  within  this  state,  without  previously  obtaining  a 
license  therefor  as  herein  provided.  [Amendment  approved  March  19, 
1909.     Stats.  1909,  p.  419.] 

§  2.  A  license  fee  of  one  hunared  dolters  is  hereby  levied  vipon  all 
such  itinerant  vendors  doing  business  in  this  state.  Said  tax  shall  be 
paid  to  the  state  board  of  pharmacy,  for  the  use  and  benefit  of  the  state 
of  California,  and  shall  constitute  a  special  fund  for  the  enforcement  of 
this  act,  and  of  the  provisions  of  the  act  or  acts  creating  such  board  of 
pharmacy.  Upon  the  receipt  of  said  sum  from  any  persons  desiring  to 
conduct  such  business  within  this  state,  the  secretary  of  said  board  of 
pharmacy  shall  issue  a  license  to  such  person  to  carry  on  such  business 
within  this  state  for  the  term  of  six  months  next  ensuing;  provided  that 
nothing  in  this  act  shall  be  construed  to  prevent  the  collection  of  any 
tax  or  license  that  may  be  imposed  by  any  county  or  municipal  author- 
ity; and  provided,  further,  that  nothing  herein  contained  shall  prevent 
manufacturing  pharmaceutical  firms  from  placing  their  products  on  the 
market  through  their  agents  and  managers  subject  to  the  provisions  of 
section  3  of  this  act.  The  said  board  of  pharmacy  may  allow  such 
license  to  be  transferred  during  the  life  thereof  on  such  terms  as  the 
board  of  pharmacy  may  deem  proper;  provided  however,  that  notliing 
in  this  act  shall  be  held  to  repeal  or  modify  the  provisions  of  an  act 
approved  March  20,  1905,  "An  act  permitting  all  ex-Union  soldiers  and 
sailors  of  the  Civil  War,  honorably  discharged  from  military  or  marine 
service  of  the  United  States,  the  right  to  vend,  hawk  and  peddle  goods, 
wares,  fruits  or  merchandise  not  prohibited  by  law,  in  any  county,  town 
or  village,  incorporated  city  or  municipality  in  the  state  of  California, 
without  paying  a  license."  [Amendment  approved  March  21,  1907. 
Stats.  1907,  p.  765.] 


Act  1942  GENERAL  LAWS.  588 

§  3.  Itinerant  vendors  under  the  meaning  of  this  act  shall  include  all 
persons  who  carry  on  the  business  above  described  by  passing  from  house 
to  house,  or  by  haranguing  the  people  on  the  public  streets  or  in  public 
places,  or  use  the  various  customary  devices  for  attracting  crowds  and 
therewith  recommending  their  wares,  and  offering  them  for  sale. 

§  4.  Said  board  of  pharmacy  shall  on  the  first  day  of  July  of  each 
year  make  a  verified  and  itemized  statement  in  writing  to  the  controller 
of  this  state,  of  all  receipts  and  disbursements  of  money  coming  into 
their  hands  by  reason  of  this  act. 

§  5.  Any  person  violating  any  of  the  provisions  of  this  act,  who  shall 
without  such  license,  sell  or  offer  for  sale  any  of  the  above-described 
drugs,  nostrums,  ointments,  or  appliances,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  for  such  breach  of  this  act  upon  conviction  therefor, 
shall  be  punished  by  a  fine  of  not  less  than  one  hundred  dollars  nor 
more  than  two  hundred  and  fifty  dollars,  or  by  imprisonment  in  the 
county  jail  for  not  less  than  fifty  days  or  more  than  one  hundred  and 
twenty  days,  or  both  such  fine  and  imprisonment.  All  fines  recovered 
under  this  act  shall  be  paid  by  the  magistrate  receiving  the  same,  to  the 
state  board  of  pharmacy,  and  by  said  board  placed  in  the  special  fund 
created  by  section  2  of  this  act. 

§  6.  In  all  actions  or  prosecutions  under  this  act  it  need  not  be  al- 
leged in  the  complaint  nor  proved  by  the  prosecution  that  the  defendant 
has  not  a  license  as  required  in  this  act,  but  the  fact  that  he  has  such 
license  may  be  plead  as  a  matter  of  defense. 

§  7.  All  acts  or  parts  of  acts  conflicting  with  this  act  [are]  hereby 
repealed,  in  and  so  far  as  they  conflict. 

§8.  This  act  shall  take  effect  and  be  in  force  sixty  days  after  its 
passage. 

ACT  1942. 

An  act  to  authorize  counties,  cities  and  counties,  and  incorporated  towns, 
and  chartered  or  incorporated  cities,  to  license  bicycles,  tricycles, 
and  similar  vehicles,  and  collect  a  fee  therefor,  for  the  purpose  of 
devoting  such  fee  to  the  construction  of  paths  along  county  roads 
for  the  use  of  pedestrians,  and  the  wheeling  thereon  of  such  vehicles. 

[Became  a  law  under  constitutional  provision  without  governor's  ap- 
proval, March  16,  1901.     Stats.  1901,  p.  324.] 

§1.  Counties,  cities  and  counties,  chartered  or  incorporated  cities  and 
towns  in  the  state  of  California,  are  hereby,  through  the  governing 
bodies  thereof,  authorized  and  permitted  to  license  the  use  of  bicycles, 
tricycles,  automobile  carriages  and  carts,  and  similar  wheeled  vehicles, 
propelled  by  the  power  of  the  rider,  or  by  motor  under  control  of  the 
rider,  owned,  rented,  and  used  within  the  several  jurisdictions  above 
named;  provided,  that  such  license  shall  be  granted  and  issued  only  on 


589  LICENSES.  Act  1942,  §§  2-5 

payment  of  a  fee  not  to  exceed  one  dollar  a  year  for  each  of  such 
vehicles;  and  further  provided,  that  the  money  so  collected  shall  be  ap- 
propriated and  used  only  for  the  purpose  of  constructing  and  maintaining 
paths  and  walkways  for  the  use  of  pedestrians,  and  the  wheeling  of  the 
above-named  vehicles;  and  provided  also,  that  the  sum  of  the  taxes  paid 
to  the  state,  county,  town,  or  municipality,  upon  any  vehicle  the  use  of 
which  is  hereby  authorized  to  be  licensed,  shall  be  deducted  from  the 
amount  of  the  license  fee  hereby  authorized,  and  credited  upon  the 
license;  it  being  the  intention  that  any  license  fee  hereby  authorized 
shall  be  collected  in  such  less  sum  as  is  represented  by  the  subtraction 
of  the  personal  property  tax  from  the  sum  of  the  license  fee  fixed  by 
such  ordinance. 

§  2.  When  an  ordinance  establishing  such  license  and  fixing  such 
license  fee  is  passed,  the  fee  shall  be  collected  and  the  license  issued  in 
the  manner  and  by  the  officer  or  officers  provided  for  the  issuance  and 
collection  of  other  licenses,  and  the  governing  body  of  such  jurisdictions 
named  in  section  1  of  this  act  may  devise  such  label,  tag,  or  certificate 
as  is  deemed  necessary  to  be  witness  of  the  possession  of  such  license, 
and  the  payment  of  such  fee;  provided,  that  no  license  shall  be  required 
for  any  vehicle  so  named  in  this  act  as  is  in  the  possession  of  a  mer- 
chant, manufacturer,  or  dealer,  for  the  purposes  of  sale  or  barter,  and 
not  for  use  by  the  owner  or  his  or  her  agent,  or  by  persons  to  whom 
such  vehicles  are  rented  for  use,  by  the  hour,  the  day,  the  week,  or  other 
period  of  time. 

§  3.  It  shall  be  lawful  for  such  governing  bodies  to  provide  in  such 
ordinance  or  ordinances  for  the  enforcement  of  penalties  for  the  violation 
thereof,  or  for  failure  or  refusal  to  take  such  license,  or  pay  such  license 
fee;  provided,  that  no  penalty  shall  exceed  the  sum  of  the  said  license 
fee,  with  the  costs  of  collection  and  prosecution  under  the  ordinance 
added  thereto;  nor  shall  any  judgment  of  imprisonment  exceed  a  period 
of  twenty-four  hours  for  violation  of  said  ordinance. 

§4.  It  shall  be  lawful  to  provide  in  any  such  ordinance  authorized  by 
this  act,  for  the  application  of  the  money  collected  to  the  construction 
and  maintenance  of  such  paths,  by  said  towns  or  cities,  or  consolidated 
cities  and  counties,  without  the  limits  of  such  town  and  municipal  juris- 
dictions, but  within  the  county,  by  and  with  the  consent  of  the  board 
of  supervisors  of  such  county. 

§  5.  No  municipal  or  town  authority  in  this  act  referred  to  shall  have 
authority  by  ordinance  or  otherwise  to  license  any  such  vehicle  for  use 
as  is  in  this  act  referred  to,  except  the  same  is  owned  by  a  resident  of 
such  municipal  or  town  jurisdiction,  or  is  used  by  a  resident  of  such 
jurisdiction;  nor  shall  any  county,  by  ordinance  or  otherwise,  lay  such 
license  upon  the  use  of  any  such  vehicle  named  in  this  act,  or  require  a 
license  fee  therefor,  except  the  same  is  owned  or  used  by  a  resident  of 
the  county  without  the  boundaries  of  town  or  municipal  jurisdictions  in 
the  county;  provided,  that  if  any  town  or  municipal  authority  authorized 


Act  1947-1950  GENERAL  LAWS.  590 

under  this  act  does  not  provide  for  such  ordinance  of  license  and  fee  as 
is  permitted  by  this  act,  then,  and  in  that  case,  the  governing  body  of 
the  county  may  by  ordinance  provide  for  the  license  herein  provided  for 
and  permitted,  and  the  collection  of  the  fee  authorized  by  this  act,  so  as 
to  make  the  same  applicable  to  the  residents  of  such  town  for  municipal- 
ity. But  in  no  case  shall  any  license  or  fee  be  required  of  travelers  in 
counties  other  than  that  of  their  residence,  nor  from  tourists,  or  visitors, 
or  temporary  residents  of  any  city,  town,  city  and  county,  or  county. 

§  6.  All  costs  and  charges  for  licenses  herein  provided  for,  for  tags, 
or  visible  evidences  of  issuance  and  possession  of  license,  for  receipts 
for  payment  of  the  license  fee,  and  other  necessary  and  inseparable  ex- 
pense related  to  such  licenses,  shall  be  paid  from  the  sum  of  such  col- 
lectious  of  fees;  provided,  that  no  additional  salary  or  fee  shall  be  paid 
to  any  officer  of  any  county,  or  town,  or  city,  or  city  and  county,  for 
services  in  issuing  or  delivering  licenses  provided  for  by  this  act,  or  for 
collecting  the  fees  therefor,  authorized  and  provided  for  in  this  act. 

§7.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

TITLE  279. 
LIENS. 
ACT  1947. 

To  secure  a  lien  of  livestock  kept,  fed,  or  pastured.     [Stats.   1869-70, 
p.  723.] 
Not  repealed  by  codes:    See  Johnson  t.  Perry,  53  Cal.  351. 
Citations.     Oal.  44/304. 

ACT  1948. 

Creating  a  lien  in  favor  of  owners  of  stallions,  jacks,   and  bulls,   used 
for  propagating  purposes.     [Stats.  1891,  p.  90.] 
Codified  by  §§  3062-3064  of  Civil  Code,  1905. 

ACT  1949. 

To  secure  wages  of  persons  employed  as  laborers  on  threshing  machines. 
[Stats.  1885,  p.  109.] 

Citations.      Cal.  75/201,  202;   104/11;    116/293;    125/171,   172;   141/94. 

Codified  by  §  3061  of  Civil  Code,   1905. 

ACT  1950. 

To  secure  the  payment  of  claims  of  materialmen,  mechanics,  or  laborers 

employed  by  contractors  upon  state,  municipal,  or  other  public  work. 

[Stats.  1897,  p.  201.] 

Citations.      Cal.  129/394;    133/23,    24;    135/637,    639.     App.  8/509. 

Sea  this  act,  post,  Act  2895. 


591  LIGHTHOUSES— LOS  ANGELES  CITY.  Acts  1951-1975 

ACT  1951. 

Giving  a  lien  to  loggers  and  laborers   employed  in  logging  camps  upon 
tlie  logs  cut  and  hauled.     [Stats,  1877-78,  p.  74:7.] 
Amended  1880,  p.  38;   1887,  p.  53. 
Citations.      Oal.  67/423,   425. 

Partly  codified  by  amendment  of  the  Civil  Code,  1905.      See  §  3065  of  the  Civil 
Code. 

This  act  appears  in  full  in  Appendix,  Civil  Code.  p.  1925. 

TITLE  280. 
LIGHTHOUSES. 
ACT  1956. 

An  act  concerning  submarine  sites  for  lighthouses  and  other  aids  to 
navigation  on  the  coast  of  this  state.  [Approved  March  26,  1874. 
Stats.  1873-74,  p.  621.] 

This  act  authorized  the  governor  to  convey  sites  for  the  purposes  indicated  to 
the  United  States. 

Codified  by  §  35,  Political  Code,  added  in  1907. 

LIQUOR. 

See  "Into.\icating  Liquors." 

TITLE  281. 
LIVEKMORE. 
ACT  1981. 

Incorporating.     [Stats.  1875-76,  p.  913.] 
Superseded    by    incorporating,    in    1900,    under    Municipal    Corporation   Act    of 
1883. 

TITLE  282. 
LODGING-HOUSES. 
ACT  1966. 

Eelating    to    lodging-houses    and    sleeping    apartments.     [Stats.    1875-76, 
p.  759.] 
Codified  by  §  401a  of  Penal  Code,  1905. 

This  act  is  known  as  the  cubic  air  law.      It  provided  for  the  number  of  cubic 
feet  required  for  each  person. 

TITLE  283. 
LOGS. 
ACT  1971. 

Establishing    a    scale    for    the    measurement    of    logs.     [Stats.    1877-78, 
p.   604.] 
Amended  1880,  p.  119. 

TITLE  284. 
LOS  ANGELES  CITY. 
ACT  1975. 

Charter  of  Los  Angeles.     [Stats.  18S9,  p.  455.] 
Amended  1903,  p.  555;  1905,  p.  980;   1907,  p.  1160;    1909,  p.   1289. 


Acts  197G-1986  GENERAL  LAWS.  592 

Citations.  Cal.  97/220;  100/19;  106/478;  112/329;  114/156;  133/344;  141/ 
206,  214,  507:  146/516,  757,  758,  759,  760,  761,  762,  763;  147/655,  657,  759; 
150/74;  151/63,  656,  657,  662,  663;  152/767;  153/164,  169;  154/332,  683. 
App.  4/47;  5/270. 

ACT  1976. 

Amendatory  of  charter  of.     [Stats.  1871-72,  p.  128.] 
Amended   1871-72,  p.   623.      Superseded   by  charter,   1889,  p.  456. 

ACT  1977. 

Charter  of.     [Stats.  1873-74,  p.  633.] 
Amended  1875-76,   p.   692;   1877-78,   p.   642.      Superseded  by  charter  of  that 
city,  1889,  p.  455. 

ACT  1978. 

Charter  of.     [Stats.  1875-76,  p.   692.] 
Amended  1877-78,  p.  642.      Superseded  by  charter  of  1889,  p.  455. 

ACT  1979. 

Creating  board   of  education   and   authorizing   common   council   to   issue 

bonds  for  special  school  building  fund.     [Stats.  1871-72,  p.  153.] 

Superseded  by  charter  of  Los  Angeles,  1889,  p.  456. 

ACT  1980. 

Authorizing   issuance    of   bonds   by,   for    improvement   of    irrigation    in. 

[Stats.  1875-76,  p.  79.] 
ACT  1981. 
Issuance   of  bonds   for  building  a   main   public   sewer,     [Stats.   1875-76, 

p.  398.] 
ACT  1982. 
Issuance    of    bonds    for    improving    water    supply    of.      [Stats.    1877-78, 

p.  387.] 
ACT  1983. 
Los  Angeles  Street,  issuance  of  bonds  for  widening  of.     [Stats.  1877-78, 

p.  419.] 
Unconstitutional:   Schumacher  v.  Toberman,   56  Oal.   510. 

ACT  1984. 

Eatifying  certain  acts  of  council  of.     [Stats.  1877-78,  p.  74.] 

ACT  1985. 

Board  of  public  works  for,  creating.     [Stats.  1875-76,  p.  856.] 
Repealed  1877-78,  p.  48. 

ACT  1986. 

Public  library,  establishing  in.     Stats.  1873-74,  p.  274.]  • 
•'Superseded  by  art.  VIII  of  the  charter  of  Los  Angelas,  1889,  483.      (People  v. 
Howard,  94  Cal.  73.)" — Oode  Commissioners'  Note. 


i 


593  LOS  ANGELES  COUNTY.  Acts  1987-1995 

ACT  1987, 

Special  school  law  of,  amended.     [Stats.  1873-74,  p.  605.] 
Superseded  by  charter  of  Los  Angeles,  1889,  p.  455. 

ACT  1988. 

Concerning  watercourses  in.     [Stats.   1869-70,  p.   645.] 

ACT  1989. 

An  act  to  provide  for  the  dedication  to  public  use  for  street  purposes  of 
certain  lands  of  the  state  normal  school  at  Los  Angeles;  to  pre- 
scribe the  conditions  of  such  dedication;  to  authorize  and  empower 
the  board  of  trustees  of  said  state  normal  school  to  convey  said  lands 
to  the  city  of  Los  Angeles  to  public  use  for  street  purposes;  and 
to  authorize  and  empower  said  board  of  trustees  to  make  certain 
changes,  alterations  and  repairs  in  the  buildings  and  other  improve- 
ments upon  the  lands  of  said  state  normal  school  arising  out  of  such 
dedication.     [Approved  April  15,  1909.     Stats.  1909,  p.  931.] 

ACT  1990, 

An  act  to  provide  for  an  exposition  building  at  Los  Angeles  in  Agri- 
cultural Park  for  the  use  of  all  of  the  counties  of  this  state,  for  the 
purpose  of  maintaining  permanent  exhibits  therein  of  the  resources 
of  the  different  counties,  and  to  make  an  appropriation  for  the  con- 
struction of  said  exposition  building.  [Approved  April  22,  1909. 
Stats.  1909,  p.  1076.] 
This  act  appropriated  $250,000  for  the  purpose  indicated. 

TITLE  285. 
LOS  ANGELES  COUNTY. 
Better  protection  of  treasuries  of:    See  Act  464,  ante. 

ACT  1993. 

Protection  of  agriculture  in,  and  providing  for  distraining  of  trespassing 
animals.      [Stats.  1877-78,  p.  164.] 
Modified,  if  not  repealed,  by  the  estray  laws  of  1897,  p.  198,  and  1901,  p.  603. 

ACT  1994. 

Artesian  wells  in,  act  to  regiilate  use  of  and  to  prevent  waste  of  water. 
[Stats.  1875-76,  p.  331.] 
Repealed  1877-78,  p.  196. 

ACT  1995. 

Assessor,  compensation  of  for  collecting  personal  property  tax.     [Stats. 
1875-76,  p.  570.] 
Repealed  by  County  Government  Act,  1897,  p.  490,  §  159. 
Gen.  Laws — 38 


Acts  1996-2005  GENERAL  LAWS.  694 

ACT  1996. 

Concerning  county  clerk  and  surveyor  in.     [Stats.   1869-70,  p.  380.] 

This  act  related  to  the  compensation  and  fees  of  these   officers:    See  note   to 
Act  1119,  ante. 

ACT  1997. 

Supervisors  to  authorize  the  appointment  of  a  deputy  district  attorney 
for.     [Stats.  1875-76,  p.  15.] 
Superseded  by  County  Grovernment  Act,  1897,  p.  498. 

ACT  1998. 

El   Monte   township,  Los   Angeles   County,   protection   from   overflow   of 
San  Gabriel  Eiver  of  lands  in.     [Stats.  1873-74,  p.  768.] 

ACT  1999. 

Grand  jurors,  fees  of.     [Stats.  1871-72,  p.  37.] 
"Probably  repealed  by  the  provisions  of  the  coustitution  dispensing  with  county 
courts;  or,  at  all  events,  superseded  by  the  fee  bill  of  1895,  p.  273,  providing  for 
jurors'  fees.      (Miller  v.  CuiTy,  113  Cal.  644;  Hilton  v.  Curry,  124  Cal.  84.)" — 
Code  Commissioners'   Note. 

ACT  2000. 

Highways  in.     [Stats.  1875-76,  p.  30.] 
See  1883,  p.  5,  c.  X,  §  2 ;  also  County  Government  Act,  1897,  p.  452. 

ACT  2001. 

Highways  in.     [Stats.  1877-78,  p.  6.] 
Repealed  1883,  p.  5,  c.  X,  §  2. 
Citations.      Cal.  144/344. 

"Probably  superseded  by  1877-78,  p.  716    (see   S.  P.  C.  v.  Tomona,   144  Cal. 
339,    343).      See,   also,   1883,   p.   5,  §  2." — Code    Commissioners'    Note. 

ACT  2002. 

Kelative  to  highways  in.     [Stats.  1877-78,  p.  716.] 
Repealed  1883,  p.  5,   c.  X,  §  2. 

This  was  a  general  law  and  repealed  all  prior  laws. 
Citations.      Cal.  144/344. 

ACT  2003. 

Irrigation,  promotion  of.     [Stats.  1873-74,  p.  312.] 
"Superseded  as  to  the  power  to  fix  water  rates  by  §  1,  art.  XIV,  of  the  consti- 
tution,   and   statute   of    1881,   p.   54." — Code   Commissioners'    Note. 

ACT  2004. 

Additional  justice  of  peace  and  constable  for.     [Stats.   1875-76,  p.   3.] 
Superseded  by  Code  of  Civil  Procedure,  §  103,  as  amended  1901,  p.  100. 

ACT  2005. 

Additional  notary  public  for.     [Stats.  1873-74,  p,  327.] 
Superseded  by  Political  Code,  §  791. 


695        LOS  NIETOS— LOS  NIETOS   COLLEGIATE  INSTITUTE.     Acts  2006-2023 

ACT  2006. 

Officers  and  fees  of  office  in.     [Stats.  1873-74,  p.  616.] 
See  §§  217,  218,  221,  County  Government  Act,  1897,  pp.  573,  574. 

ACT  2007. 

Fees  and  salaries  in.     [Stats.  1877-78,  p.  574.] 
Repealed  by  County  Government  Act,  1897,  p.  496,   §  159,  and  by  the  fee  bill 
of  1895,  p.  267. 

ACT  2008. 

Concerning  compensation  of  certain  officers  of.     [Stats.  1871-72,  p.  158.] 
Amended   1873-74,   pp.    342,    348.      Superseded   and   in   effect   repealed   by   the 
County  Government  Act,  1897,  p.  496,   §  159,  as  amended  1901,  p.  690. 

ACT  2009. 

Sheriflf,  fees  of.     [Stats.  1875-76,  p.  130.] 
Repealed  by  fee  bill,  1895,  p.  267. 

ACT  2010. 

To  provide  for  the  extermination  of  squirrels  in.  [Stats.  1877-78,  p.  787.] 
Repealed  1880,  p.  7. 

ACT  2011. 

To  increase  the  number  of  judges  of  the  superior  court  of.     [Stats.  1887. 

p.  1.] 
ACT  2012. 

To  increase  the  number  of  superior  judges  in.     [Stats.  1889,  p.  130.] 

ACT  2013. 

Authorizing  supervisors  to  build  bridge  across  Santa  Ana  Kiver.  [Stats. 
1873-74,  p.  47.] 

ACT  2014. 

An  act  to  provide  three  (3)  additional  judges  of  the  superior  court  of 
the  county  of  Los  Angeles,  state  of  California,  for  the  mnnncr  of 
their  appointment,  and  for  their  compensation.  [Approved  February 
15,  1905.     Stats.  1905,  p.  9.] 

TITLE  286. 
LOS  NIETOS. 
ACT  2018. 

Township  of,  providing  for  and  regulating  irrigation  in.     [Stats.   1877- 
78,  p.  374.] 

TITLE  287. 
LOS  NIETOS  COLLEGIATE  INSTITUTE. 
ACT  2023. 

Conferring  further  powers  and  privileges  on  trustees  of.     [Stats.  1873- 
74,  p.  341.] 


Acts  2028-2038  GENERAL  LAWS.  696 

TITLE  288. 
LOST  PEOPEETr. 
ACT  2028. 

Concerning  lost  money   and  property.     [Stats.   1850,  p.   156.] 
Superseded  by  Political  Code,  §§  3136-3157,  and  Penal  Code,  §  485. 

TITLE  289. 
LOST  WAEEANTS. 
ACT  2033. 

An  act  to  provide  for  the  payment  of  the  controller  of  state's  warrants 
which  have  been  lost  or  destroyed  previous  to  payment  by  the  state 
treasurer. 

[Approved  March  31,  1891.     Stats.  1891,  p.  294.] 

§  1.  Whenever  any  warrant  legally  drawn  by  the  controller  of  state 
shall  have  been  lost  or  destroyed  before  the  same  has  been  paid  by  the 
state  treasurer,  the  amount  due  thereon  may  be  recovered  by  the  legal 
owner  or  custodian  thereof,  by  filing  with  the  controller  of  state: 

First.  An  atSdavit  setting  forth  the  fact  of  the  loss  or  destruction 
of  such  state  warrant,  giving  the  number,  date,  amount,  and  name  of  the 
payee,  together  with  all  material  facts  relative  to  the  loss  or  destruction 
of  the  same. 

Second.  A  bond  of  indemnity,  with  two  good  and  sufficient  sureties, 
in  double  the  amount  of  the  face  of  the  particular  warrant,  which  bond 
shall  be  referred  to  the  attorney  general  and  controller  of  state  for  ap- 
proval or  rejection. 

§  2.  It  shall  be  the  duty  of  the  attorney  general  and  of  the  controller 
of  state  to  examine  and  pass  upon  the  sufficiency  of  the  said  bond,  and 
to  approve  or  reject  the  same,  within  thirty  days  after  it  shall  have  been 
filed  with  the  controller  of  state. 

§  3.  After  the  filing  of  the  approved  bond,  the  controller  of  state  is 
hereby  authorized  and  directed  to  issue  and  deliver  to  the  legal  owner 
or  claimant,  on  demand  a  duplicate  warrant  for  the  full  amount  of  the 
original  warrant,  and  the  treasurer  of  state  is  hereby  authorized  and 
directed  to  pay  the  duplicate,  in  lieu  of  the  original  warrant. 

§  4.  The  controller  and  treasurer  shall  each  make  the  proper  entries 
on  their  books,  showing  such  warrants  to  have  been  lost  or  destroyed, 
and  the  issuance  of  duplicate  warrants  in  lieu  thereof. 

TITLE  290. 

LOTTEEIES. 
ACT  2038. 

To  prohibit  lotteries,  raffles,  gifts,  etc.     [Stats.  1855,  p.  99.] 
Supplemented  1855,  p,  153.      Superseded  by  Stats.  1861,  p.  229,  and  by  Penal 
Code,  §§  319-326. 


597  LOWER  LAKE— MANUFACTURES.  Acts  2039-2062 

ACT  2039. 

To  prohibit  lotteries,  raffles,  gifts,  enterprises  anrl  other  schemes  of  like 
character.      [Stats.  1861,  p.  229.] 
Superseded  by  Penal  Code,  §§  319-326. 

TITLE  291. 
LOWER  LAKE. 
ACT  2044. 

To  prevent  hogs  from  running  at  large  in.     [Stats.  1877-78,  p.  435.] 
Probably  repealed  by  1897,  p.  198. 

TITLE  292. 
LUMBER  MANUFACTURERS. 
ACT  2049. 

Lumber  manufacturers,  protection   of.     [Stats.    1875-76,   p.   32.] 
Codified  by  §  593a  of  Penal  Code. 

This  act  prescribed  a  penalty  for  driving  into  logs,   etc.,   any   substance   sufiS- 
ciently  hard  to  injure  saws. 

TITLE  293. 
MADERA  COUNTY. 
ACT  2054. 

To  create  the  county  of  Madera,  to  define  the  boundaries  thereof,  to 
determine  the  county  seat,  and  to  provide  for  its  organization  and 
election  of  officers,  and  to  classify  said  county.  [Approved  March 
11,  1893.     Stats.  1893,  p.  168.] 

Unconstitutional  in  part:   People  v.  Markham,   104  Oal.  232. 
Citations.      Cal.  104/233;    142/53,    58;    152/228. 

TITLE  294. 
MAD  RIVER. 
ACT  2059. 

To  improve  Mad  River  and  its  north  fork  and  to  facilitate  the  driving 
of  logs  therein.     [Stats.  1877-78,  p.  788.] 

TITLE  295. 
MANUFACTURES. 

ACT  2062. 

An  act  providing  for  the  labeling  or  stamping  by  the  manufacturer, 
vendor,  or  person,  offering  for  sale  any  article  of  hotel,  boarding  or 
lodging-house,  or  domestic  or  office  furniture,  the  cushions  whereof 
are  stuffed  in  whole  or  in  part  with  materials  made  of  second-hand 
or  cast-off  clothing,  rngs,  or  cast-off,  or  second-hand  material  of 
any  character,  so  that  the  label  or  stamp  shall  show  the  character 
of  the   materials  with   which  such   articles  are  bo   partly  made   or 


Act  2064  GENERAL   LAWS.  598 

stuffed,  and  making  the  violation  of  any  of  the  provisions  of  this 
act  a  misdemeanor. 

[Approved  March  18,  1909.     Stats.  1909,  p.  400.] 

§  1.  All  persons  manufacturing  in  this  state,  in  whole  or  in  part,  any 
article  of  hotel,  boarding-house,  lodging-house  or  domestic  or  office  fur- 
niture, or  beds  or  mattresses,  or  cushions,  used  or  intended  to  be  or  that 
could  be  used  by  human  beings,  that  are  stuffed  or  made  in  whole  or 
in  part,  with  material  composed  in  whole  or  in  part  from  second-hand 
or  cast-off  clothing,  rags,  or  second-hand,  or  cast-off  material  of  any 
character  whatever,  or  with  shoddy,  shall  at  the  time  of  the  completion 
of  such  manufacture  attach  to  a  conspicuous  place  upon  each  of  such 
articles  so  manufactured  by  him,  a  label  or  stamp  showing  the  correct 
character  of  the  materials  with  which  the  cushion  portion  of  such  arti- 
cles of  furniture  or  beds  or  cushions  or  mattresses  are  stuffed,  and  no 
person  so  manufacturing  any  such  articles  shall  allow  the  same  or  any 
thereof  to  leave  his  possession  in  the  course  of  trade  or  business  unless 
such  label  or  stamp  is  so  affixed,  and  no  person  shall  sell,  or  offer  for 
sale,  in  this  state  any  of  such  articles  of  furniture,  or  beds,  or  mattresses, 
or  cushions,  whether  the  same  are  manufactured  in  this  state  or  not, 
unless  such  a  label  or  stamp  is  so  affixed, 

§  2.  Any  person  violating  any  of  the  provisions  of  this  act  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  punished 
by  a  fine  of  not  less  than  fifty,  nor  more  than  five  hundred  dollars,  or 
imprisoned  not  more  than  six  months,  or  by  both  such  fine  and  imprison- 
ment. 

TITLE  296. 
MAPS. 
ACT  2064. 

An  act  requiring  the  recording  of  maps  of  cities,  towns,  additions  to 
cities  or  towns,  or  subdivisions  of  lands  into  small  lots  or  tracts  for 
the  purposes  of  sale,  and  providing  a  penalty  for  the  selling  or  offer- 
ing for  sale  any  lots  or  tracts  in  cities,  towns,  additions  to  cities, 
towns,  subdivisions,  or  additions  thereto,  before  such  maps  are  filed 
and  recorded. 

[Approved  March  9,  1893.     Stats.  1893,  p.  96.] 
Amended  1901,  p.  288. 
Citations.     Cal.  153/799,  802. 

§1.  Whenever  any  city,  town,  or  subdivision  of  land  into  lots,  or 
any  addition  to  any  city,  town,  or  such  subdivision,  shall  be  laid  out 
into  lots  for  the  purposes  of  sale,  the  proprietor  or  proprietors  thereof 
shall  cause  to  be  made  out  an  accurate  map  or  plat  thereof,  particularly 
setting  forth  and  describing, — 

First.  All  the  parcels  of  ground  within  such  city,  town,  addition,  or 
subdivision  reserved  for  public  purposes,  by  their  i)Oundaries,  courses, 
and  extent,  whether  they  be  intended  for  avenues,  streets,  lanes,  alleys, 
courts,  commons,  or  other  public  uses;  and, 


599  MAPS.  Act  2065 

Second.  All  lots  intended  for  sale,  either  by  number  or  letter,  and 
their  precise  length  and  width. 

§  2.  Such  map  or  plat  shall  be  acknowledged  by  the  proprietor,  or  if 
any  incorporated  company,  by  the  chief  officer  thereof,  before  some 
officer  authorized  by  law  to  take  the  acknowledgment  of  conveyances  of 
real  estate. 

§  3.  The  map  or  plat  so  made,  acknowledged,  and  certified  shall  be 
presented  to  the  governing  body  having  control  of  the  streets,  roads, 
alleys,  and  highways  in  the  territory  shown  on  the  map  or  plat,  and  said 
governing  body  shall  indorse  thereon  which  streets,  roads,  alleys,  and 
highways,  offered  by  said  map  or  plat,  they  accept  on  behalf  of  the 
public,  and  thereupon  such  streets,  roads,  alleys,  and  highways,  only  as 
have  been  thus  accepted,  shall  be  and  become  dedicated  to  public  use. 
When  so  indorsed,  and  not  before,  said  map  or  plat  shall  be  recorded  in 
the  office  of  the  county  recorder  of  the  county  in  which  the  city,  town, 
addition,  or  subdivision  is  situated,  in  a  book  kept  for  that  purpose. 
The  map  or  plat  shall  be  not  more  than  thirty-six  inches  by  thirty-six 
inches  in  size,  and  shall  be  drawn  in  all  details  clearly  and  legibly,  and 
if  not  so  drawn  may  be  refused  by  the  county  recorder.  When  such  map 
or  plat  is  presented  to  be  recorded  the  county  recorder  shall  paste  the 
same  securely  in  a  book  of  maps,  and  it  shall  then  be  deemed  to  have 
been  recorded  under  the  provisions  of  this  act.  [Amendment  became  a 
law  under  constitutional  provision  without  governor's  approval  March  14, 
1901.     Stats.  1901,  p.  288.     In  effect  in  sixty  days.] 

§  4.  Every  person  who  sells  or  offers  for  sale  any  lot  within  any  city, 
town,  subdivision,  or  addition,  before  the  map  or  plat  thereof  is  made 
out,  acknowledged,  filed,  as  herein  provided,  is  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  punished  by  a  fine  of  not  less  than 
twenty-five  dollars  and  not  more  than  five  hundred  dollars,  or  by  im- 
prisonment in  the  county  jail  not  to  exceed  six  months,  or  both  such  fine 
and  imprisonment. 

ACT  2065. 

An  act  requiring  the  recording  of  maps  of  subdivisions  of  land  into  lots 
for  the  purpose  of  sale,  and  prescribing  the  conditions  on  which 
such  maps  may  be  recorded  and  prohibiting  the  selling  or  offering 
for  sale  of  land  by  reference  to  said  maps  unless  the  same  are  re- 
corded. 

[Approved  March  15,  1907.     Stats.  1907,  p.  290.] 

Recording  tracts  of  subdivided  land.     Particular  description. 

§  1.  Whenever  any  tract  or  subdivision  of  land  shall  be  laid  out 
into  lots  for  the  purpose  of  sale,  the  owner  or  owners  thereof  shall  cause 
to  be  made  out  and  filed  with  the  county  recorder  of  the  county  in  which 
the  same  is  situated,  an  accurate  map  or  plat  thereof  on  cloth  particularly 
setting  forth  and  describing: 

First:  All  parcels  of  ground  within  such  tract  or  subdivision  offered 
for  dedication  for  public  uses,  whether  they  be  intended  for  public  high- 


Act  2065,  §§  2-4  GENERAL   LAWS.  600 

wa3'-s,  parks,  courts,  commons  or  other  public  uses,  and  their  dimensions 
and  boundaries  and  the  courses  of  their  boundary  lines. 

Second:  All  lots  intended  for  sale,  or  reserved  for  private  purposes 
and  not  offered  for  dedication  to  the  public  use,  either  by  number  or 
letter,  and  their  dimensions  and  boundaries  and  the  courses  of  their 
boundary  lines.  All  parcels  of  land  offered  for  dedication  as  public  high- 
ways and  not  accepted  by  the  proper  authorities  upon  presentation  to 
them,  shall  also  be  designated  by  number  or  letter. 

Third:  The  exact  location  of  such  tract  or  subdivision  of  land  into 
lots  with  reference  to  adjacent  subdivisions  of  land  into  lots,  the.  maps 
or  plats  of  which  have  been  previously  recorded,  if  any,  or  if  none,  then 
with  reference  to  corners  of  a  United  States  survey,  or  to  some  natural 
or  artificial  monument. 

Sizo  of  map. 

§  2.  Every  such  map  or  plat  shall  be  on  cloth  and  be  clearly  and 
legibly  drawn  in  all  its  details  upon  tracing  cloth  of  good  quality,  or 
other  equally  durable  material,  and  shall  be  not  more  than  thirty-six  by 
thirty-six  inches  in  size,  and  if  it  occupies  more  than  one  sheet  the 
sheets  shall  be  numbered  consecutively  and  each  sheet  shall  contain  a 
reference  to  the  others  showing  where  they  connect  with  it. 

Clear  title  must  be  shown. 

§  3.  Upon  every  such  map  or  plat  there  shall  be  indorsed  a  consent  to 
the  making  thereof,  signed  by  the  owner  or  owners  of  the  tract  or  other 
subdivision  of  land  shown  thereon,  and  also  by  all  other  persons  whose 
consent  is  necessary  to  pass  a  clear  title  to  such  land,  and  acknowledged 
by  all  the  signers  in  the  same  manner  as  conveyances  of  real  property; 
also  a  certificate  from  the  county  auditor,  and  from  the  auditor  or  other 
proper  officer  of  any  municipal  corporation  in  which  any  part  of  such 
tract  or  other  subdivision  is  situated,  showing  that  there  are  no  liens 
for  unpaid  state,  county,  municipal  or  other  taxes,  except  taxes  not  yet 
payable,  against  said  tract  or  subdivision  of  land  or  any  part  thereof. 
Upon  every  such  map  or  plat  which  shows  any  parcels  of  land  intended 
for  public  use  and  not  previously  dedicated  therefor,  there  shall  be  in- 
dorsed a  statement  of  the  dedication  of  such  parcels  of  ground  intended 
for  public  use,  executed  by  the  owner  or  owners  and  by  all  other  persons 
whose  consent  is  necessary  to  pass  a  clear  title  to  such  parcels  of  ground 
to  the  public,  and  acknowledged  by  all  persons  executing  the  same  in  the 
same  manner  as  conveyances  of  real  property. 

Acceptance  of  public  highways. 

§4.  The  map  or  plat  so  made,  indorsed  and  acknowledged  shall,  if 
the  same  offers  for  dedication  any  highway,  or  portion  thereof,  be  pre- 
sented to  the  board  of  supervisors,  board  of  trustees,  city  council  or 
other  governing  body  having  control  of  public  highways  in  the  territory 
shown  on  such  map  or  plat,  and  said  governing  body  shall  indorse  thereon 
which  of  the  public  highways  offered  by  said  map  or  plat  they  accept 
on  behalf  of  the  public,  and  thereupon  such  highways  as  have  been  so 
accepted,  and  no  others,  shall  be  and  become  dedicated  to  the  public  use. 


601  MAPS.  Act  2065,  §§  5-9 

Name  of  plat  to  he  indorsed  on  map.    Duty  of  recorder. 

§5.  Upon  every  such  map  or  plat  there  shall  be  indorsed  a  name,  title 
or  designation,  but  no  such  tract  or  subdivision  of  land  into  lots  shall  be 
given  any  title,  name  or  designation  that  is  the  same  as  the  name  of 
any  existing  city,  town,  tract  or  subdivision  of  land  into  lots  in  the 
same  county,  of  which  the  map  or  plat  has  been  previously  recorded,  or 
so  nearly  the  same  as  to  mislead  the  public  or  cause  confusion  as  to  the 
identity  thereof.  Whenever  any  map  or  plat  required  by  this  act  to  be 
made  shall  be  presented  to  a  county  recorder  for  filing  or  recording, 
he  shall  examine  the  title,  name  or  designation  indorsed  thereon  and 
compare  the  same  with  the  records  in  his  office,  and  if  he  finds  that  said 
title,  name  or  designation  violates  this  section  in  any  respect,  he  shall 
refuse  to  file  or  record  such  map  or  plat,  whether  the  same  be  offered 
for  record  as  a  separate  map  or  as  a  licensed  surveyor's  record,  or  as  a 
part  of  any  deed  or  other  instrument. 

Recorder  not  to  accept  unauthorized  dedication. 

§6.  No  map  or  plat  showing  any  public  highways  or  portion  of  a 
public  highway  not  already  dedicatee!  to  the  public  use  shall  be  accepted 
by  the  recorder  for  filing  or  recording,  whether  offered  for  record  as 
a  separate  map  or  as  a  licensed  surveyor's  record  or  as  a  part  of  a  deed 
or  other  instrument,  unless  the  same  shall  have  been  presented  and  in- 
dorsed as  required  by  section  4  of  this  act.  No  map  or  plat  referred  to 
in  this  act  shall  be  accepted  by  the  county  recorder  for  filing  or  record- 
ing unless  the  same  shall  in  all  respects  comply  with  the  provisions  of 
this  act,  and  the  recorder  shall  be  entitled,  before  accepting  or  refusing 
such  map  or  plat,  to  sufficient  time  to  enable  him  to  examine  the  same. 

Book  of  maps. 

§  7.  When  any  map  or  plat  referred  to  in  this  act  is  presented  to  the 
county  recorder  and  is  received  and  accepted  by  him,  he  shall  paste  or 
otherwise  fasten  the  same  securely  in  a  book  of  maps  which  he  shall 
keep  in  his  office,  and  it  shall  be  deemed  to  have  been  recorded  and 
shall  become  a  public  record. 

Sale  of  lots  by  reference  to  map. 

§  8.  No  person  shall  sell  or  offer  for  sale  any  lot  or  parcel  of  land, 
by  reference  to  any  map  or  plat,  unless  such  map  or  plat  has  been  made, 
certified,  indorsed,  acknowledged  and  filed  in  all  respects  as  provided  in 
this  act,  or  was  filed  or  recorded  prior  to  the  taking  effect  of  this  act 
and  in  accordance  with  the  laws  in  force  at  the  time  it  was  so  filed  or 
recorded. 

Penalty  for  violation  of  act. 

§  9.  Every  person  who  violates  any  of  the  provisions  of  this  act  is 
guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall  be  punishable 
by  a  fine  of  not  less  than  $25,  and  not  more  than  $500,  or  by  imprison- 
ment in  the  county  jail  for  a  jieriod  of  not  more  than  six  months,  or  by 
both  such  fine  and  imprisonment. 


Acts  2069-2077  GENERAL   LAWS.  (502 

TITLE  297. 
MAEIN  COUNTY. 
ACT  2069. 

Declaring    certain    creeks    in    Marin    County    navigable.     [Stats.    1861, 
p.  469.] 
Amended  1869-70,  p.  663. 

The  act  declared  Guaymas,  San  Rafael,  Corte  Madera,  and  Sausalito  creeks  navi- 
gable. The  amendment  of  1869-70  amended  the  act  by  omitting  Gnaymas  and 
Sausalito  creeks.  The  San  Rafael  and  Corte  Madera  creeks  were  declared  navi- 
gable by  Political  Code,  §  2349, 

ACT  2070. 

For  the  relief  of.     [Stats.  1861,  p.  121.] 
This  act  provided  that  when  the  coroner  of  Marin  County  was  required  to  in- 
quire into  the  death  of  a  convict  in  state  prison,  the  fees  should  be  a  state  and 
not   a  county   charge.      It   also   made   the   same   provision  where   physicians   were 
called  in  to  inquire  into  the  sanity  of  a  convict  at  the  state  prison. 

ACT  2071. 

Concerning  lawful  fences  in.     [Stats.  1858,  p.  123.] 
ACT  2072. 

Compensation  of  certain  officers  of.     [Stats.  1873-74,  p.  433.] 
Repealed  as  to  county  judges  by  the  constitution  of  1879,  and  as  to  the  other 
ofScers  by  County  Government  Act,  1897,  p.  554,   §   195. 

ACT  2073. 

Election  of  road  overseers  in.     [Stats.  1877-78,  p.  544.] 
Repealed  by  Political  Code,  §  2642. 

ACT  2074. 

Superintendent  of  schools,  salary  of.     [Stats.  1873-74,  p.  212.] 
Repealed  by  County  Government  Act,   1897,  p.   553,    §  195. 

ACT  2075. 

Public  schools,  Dixie  district.     [Stats.  1873-74,  p.  339.] 

ACT  2076. 

School  moneys,  distribution  of.     [Stats.  1875-76,  p.  568.] 
Superseded  by  Political  Code,  §  1858,  as  amended  1893,  p.  264. 

ACT  2077. 

Eestricting  the  herding  of  sheep  in.     [Stats.  1857,  p.  227.] 
Amended  1858,  p.  165;   1859,   p.  119;   1860,  p.  332;   1869-70,  p.  304;   1871-72, 

p.   890;    1877-78,  p.   79. 

Continued  in  force   by  Pol.   Code,    §  19.     See   Stats.   1897,   p.   198,   and   Stats. 

1901,  p.  603. 


603  MARIPOSA   COUNTY— MARKS   AND   BRANDS.        Acts  2078-2099 

ACT  2078. 

To   prevent   stock  from   mnnirg  at  Large   upon   roads   and  highways  of. 
[Stats.  1875-76,  p.  482.] 
Modified  by  the  estray  law  of  1897,  p.  198,  and  1901,  p.  603. 

ACT  2079. 

Tax  collector,  bond  of.     [Stats.  1877-78,  p.  196.] 
Repealed  by  County  Government  Act,  1897,  p.  475,  §  66. 

ACT  2080. 

Eoad  poll  taxes  in,  collection  of.     [Stats.  1875-76,  p.  180.J 
Repealed  by  Political  Code,  §  2652,  as  amended  1891,  p.  478. 

TITLE  298. 
MAKIPOSA  COUNTY. 
ACT  2085. 

Licenses,  collection  of.     [Stats.  1875-76,  p.  508.] 
Repealed  by  County  Government  Act,   1897,  p.  452. 

ACT  2086. 

Regulating  salaries  of  certain  officers  of.     [Stats.  1873-74,  p.  83.] 
Repealed  by  County  Government  Act,  1897,  p.  566,  §  207. 

ACT  2087. 

Providing  for  maintenance  and  construction  of  roads  and  highways  in. 
[Stats.  1875-76,  p.  650.] 
Amended  1877-78,  p.  277.     Repealed  1883,  p.  5,  c.  X,  §  2. 

ACT  2088. 

Treasurers  of,  bonds  of.     [Stats.  1875-76,  p.  17.] 
Repealed  by  County  Government  Act,  1897,  p.  457,   §  66. 

ACT  2089. 

Authorizing  the  levy  of  additional  tax  in.     [Stats.  1873-74,  p.  364.] 

Superseded  by  subds.  12  and  18,  §  25,  County  Government  Act,  1897,  pp.  4G0, 
463. 

TITLE  299. 
MAEKLEEVILLE. 
ACT  2094. 

Incorporating  Markleeville.     [Stats.  1863-64,  p.  441.] 

TITLE  300. 
MARKS  AND  BRANDS. 
ACT  2099. 

Concerning  marks  and  brands.     [Stats.  1851,  p.  411.] 
Amended  1857,  p.  131;   1861,  373;   1862,  pp.  28,  424.    Superseded  by  Political 
Code,  §§  3167-3185. 


Acts  2100-2102  GENERAL   LAWS.  -  604 

ACT  2100. 

To  prevent  fraud  and  imposition  in  the  matter  of  stamping  and  labeling 
produce  and  manufactured  goods.     [Stats.  1887,  p.  17.] 
Codified  by  §  349'a  of  Penal  Code,  1905. 
Consult,  also,  the  following: 

ACT  2101. 

An  act  to  provide  for  the  marking  or  branding  of  boxes  or  barrels  con- 
taining citrus  fruit  for  shipment,  and  fixing  a  penalty  for  the  viola- 
tion thereof,  and  for  the  appointment  of  an  inspector  under  its  pro- 
visions. 

[Approved  March  23,  1901.     Stats.  1901,  p.  663.] 
(See  Stats.  1903,  p.  338,  post.  Act  2102,  and  ex  parte  Hayden,  147  Cal.  649.) 

§  1.  All  citrus  fruit  contained  in  boxes  or  barrels,  which  shall  here- 
after be  shipped,  or  offered  for  shipment  in  this  state  by  any  person, 
firm,  or  corporation,  shall  have  stamped,  stenciled,  or  printed  in  a  con- 
spicuous place  on  the  outside  of  every  such  box  or  barrel,  in  clearly 
legible  letters,  a  statement  truly  and  correctly  designating  the  county 
and  immediate  locality  in  which  such  fruit  was  grown.  Such  statement 
shall  be  placed  thereon  by  the  shipper  of  said  fruit. 

§  2.  Any  person,  firm,  or  corporation  violating  any  of  the  provisions 
or  requirements  of  section  1  of  this  act  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  shall  be  fined  in  any  sum  not  less  than  two  hundred 
dollars  nor  more  than  five  hundred  dollars. 

§  3.  The  governor  of  the  state  of  California,  upon  the  passing  of  this 
act,  shall  appoint  one  inspector  of  citrus  fruit  shipments,  to  serve  with- 
out compensation,  whose  duty  it  shall  be  to  examine  boxes  and  barrels 
used  in  the  shipment  of  citrus  fruits;  and  upon  the  discovery  by  said 
inspector  of  any  violation  of  the  requirements  of  this  act  he  shall  forth- 
with give  notice  thereof  to  the  district  attorney  of  the  county  in  which 
the  offense  was  committed,  and  upon  receiving  such  notice  it  shall  be  the 
duty  of  such  district  attorney  to  prosecute  the  offender  under  the  pro- 
visions of  this  act. 

§  4.     This  act  shall  take  effect  immediately  on  and  after  its  passage. 

ACT  2102. 

An  act  to  provide  for  the  marking,  branding,  or  labeling  of  boxes,  bar- 
rels, or  packages  containing  fruits,  fresh  or  dried,  and  fixing  a, 
penalty  for  the  violation  thereof,  and  for  the  appointment  of  in- 
spectors under  its  provisions. 

[Approved  March  20,  1903.     Stats.  1903,  p.  338.] 
Unconstitutional.      Ex  parte  Hayden,  147  Cal.  649. 
Citations.      Cal.  147/650. 
See  Penal  Code,  §  349a. 


605  MARRIAGE    AND    MARRIED    WOMEN.  Acts  2107-2109 

§1.  All  fruit,  green  or  dried,  contained  in  boxes,  barrels,  or  pack- 
ages, which  shall  hereafter  be  shipped  or  offered  for  shipment  in  this 
state  by  any  person,  firm,  or  corporation,  shall  have  stamped,  branded, 
stenciled,  or  labeled  in  a  conspicuous  place  on  the  outside  of  every 
such  box,  barrel,  or  package,  in  clearly  legible  letters  at  least  one-quar- 
ter of  an  inch  in  height,  a  statement  truly  and  correctly  designating  the 
county  and  immediate  locality  in  which  such  fruit  was  grown. 

§  2.  Any  person,  firm,  or  corporation  violating  any  of  the  provisions 
or  requirements  of  section  1  of  this  act  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  shall  be  fined  in  any  sum  not  less  than  two  hundred 
dollars,  nor  more  than  five  hundred  dollars. 

§  3.  The  governor  of  the  state  of  California,  after  the  passage  of  this 
act,  shall  appoint  such  inspectors  as  may  be  necessary  to  accomplish  the 
purpose  of  this  act,  to  serve  without  compensation,  who  are  hereby 
vested  with  full  authority  to  enter  any  car  or  depot  containing  fruit  for 
shipment;  or  any  warehouse,  packing-house,  store-room,  or  other  place  or 
places  where  any  fruit  is  kept,  packed,  or  prepared  for  shipment,  to  in- 
spect the  same,  or  any  part  thereof.  Such  inspectors  are  also  vested 
with  full  authority  to  examine  such  books  of  any  person,  firm,  or  cor- 
poration engaged  in  packing  or  shipping  fruit  as  may  be  necessary  to 
accomplish  the  purposes  of  this  act. 

§  4,     This  act  shall  take  effect  immediately  on  and  after  its  passage. 

TITLE  301. 
MARRIAGE   AND   MARRIED   WOMEN. 
ACT  2107. 

Regulating  marriages.     [Stats.   1850,  p.  424.] 
Amended  1855,  p.  298;  1862,  p.  450;  1863,  p.  244.      Superseded  by  Civil  Code, 
§§  55-78. 

Citations.     Cal.  87/75. 

ACT  2108. 

To  authorize  married  women  to  transact  business  in  their  own  names  as 
sole  traders.      [Stats.  1852,  p.  101.] 
Amended    1862,    p.    108,      Superseded    by    Code    of    Civil    Pi'ocedure,  §§  1811- 
1821. 

ACT  2109. 

To  authorize  married  women  to  convey  real  estate  held  by  them  in  their 
own  right.     [Stats.  1855,  p.  12.] 

Superseded  by  provisions  of  Civil  Code. 

Citations.     Cal.  41/608. 


Acts  2110-2129  GENERAL   LAWS.  606 

ACT  2110. 

To  prevent  the  fraudulent  conveyance  or  encumbrance  of  realty  by  mar- 
ried women.      [Stats.  1863,  p.  750.] 

Superspded  by  Penal  Code,  §  534. 

Citations.      Cal.  72/445. 

ACT  2111. 

To  protect  the  rights  of  married  women  in  certain  cases.     [Stats.  1869- 
70,  p.   226.] 

Citations.      Cal.  49/36  ;   122/255. 

This  act  related  to  the  earnings  and  the  separate  property  of  married  women. 

TITLE  302. 
MARSHALL  MONUMENT. 
ACT  2116. 

To  provide  for  the  appointment  of  a  guardian  for  the  Marshall  monu- 
ment and  grounds,  prescribing  his  duties,  and  appropriating  money 
therefor.     [Approved  March  31,  1891.     Stats.  1891,  p.  424.] 

TITLE  303. 
MARTINEZ. 
ACT  2121. 

Incorporating.     [Stats.   1875-76,  p.   822.] 
Amended  1877-78,  p.  297.      Superseded  by  incorporating,  in  1884,   under  Mu- 
nicipal Corporation  Act  of  1883. 

ACT  2122. 

Animals  running  at  large  in.     [Stats.  1873-74,  p.  302.] 
Supersedel    by    1875-76,    p.    822,    §  7.      See    Stats.    1897,    p.    198,    and    Stats. 
1901,  p.  603. 

ACT  2123. 

To  provide  for  the  disposition  of  certain  property  of  the  state.     [Stats. 
1851,   p.    3U7.] 
This  act  released  to  the  town  of  Martinez  the  lands  covered  by  Oarquiuez  Straits 
lying  opposite  it. 

TITLE  304. 
MARYSVILLE. 
ACT  2128. 

Reincorporating.     [Stats.  1875-76,  p.  149.] 
Amended  1877-78,  p.  593. 
Citations.      Cal.  134/501;   143/560,   561.     App.  1/630,  632. 

ACT  2129. 

Levees,  construction  and  repair  of.     [Stats.  1875-76,  p.  131.] 


607  MASTER  AND   SERVANT.  Acts  2130-2141 

ACT  2130. 

Levee  indebtedness  of,  funding  of.     [Stats.  1S75--76,  p.  60.] 

ACT  2131. 

To  establish  a  police  court  in.     [Stats.  1889,  p.  214.] 
ACT  2132. 

Superintendent    of    public    schools,    fixing    salary    of.     [Stats.    1873-74, 
p.  153.] 

TITLE  305. 
MASTER  AND  SERVANT. 
See  "Laborers" ;   "Liens,"  ante. 

ACT  2137. 

To  provide  for  a  day  of  rest  from  labor.     [Stats.  1803,  p.  54.] 
This  act  provided  that  every  employee  should  have  one  day  in  seven  for  rest. 

ACT  2138. 

To  provide  for  the  proper  sanitary  condition  of  factories  and  workshops, 

and  the  preservation  of  the  health  of  the  employees.     [Stats.  1889, 

p.  3.] 

Amended  1901,  p.  571;   1903,  p.  16;   1909,  p.  43. 

Unconstitutional:    See  Schaezlein  v.  Cabaniss,  135  Cal.  4G(5. 

ACT  2139. 

To  provide  for  a  lunch  hour  for  laborers  in  savi'mills,  shake-mills,  shingle- 
mills,  and  logging  camps.     [Stats.  1901,  p.  75.] 
This  act  appears  in  full  in  Appendix,  Civil  Code,  p.  1927. 

ACT  2140. 

To  prevent  misrepresentations  of  conditions  of   employment,   making  it 

a   misdemeanor   to   misrepresent   the   same,   and  providing  penalties 

therefor.     [Stats.  1903,  p.  269.] 
This  act  appears  ia  full  in  Appendix,  Penal  Code,  p.  2084. 

ACT  2141. 

An   act   to   provide   for   temporary  floors   in   buildings   more   than   three 
stories  high  in  the  course  of  construction  and  for  the   protection   of 
the  life  and  limb  of  workmen  employed  in  such  buildings  from  fall- 
ing through  joists  or  girders  and  from  falling  bricks,  rivets,  etc. 
[Approved  March  6,  1909.     Stats.  1909,  p.  107.] 

§  1,  Any  building  more  than  three  stories  high  in  the  course  of  con- 
struction shall  have  the  joists,  beams  or  girders  of  each  and  every  floor 
below  the  floor  or  level  where  any  work  is  being  done  or  about  to  be 
done,  covered  with  flooring  laid  close  together,  or  with  other  suitable 
material,   to    protect   workmen    engaged    in    such   building    from    falling 


Acts  2145-2160  GENERAL  LAWS.  608 

joists  or  girders,  and  from  falling  bricks,  rivets,  tools  and  other  sub- 
stances whereby  life  and  limb  are  endangered. 

§  2.  It  shall  be  the  duty  of  the  contractor  having  charge  of  such 
building  to  provide  the  flooring  as  herein  required. 

§  3.  It  shall  be  the  duty  of  the  owner  of  such  building  to  see  that 
the  contractor  carries  out  the  provisions  of  this  act. 

§  4.  Should  the  owner  of  such  building  let  a  contract  for  the  con- 
struction of  the  class  of  building  as  herein  provided  to  more  than  one 
contractor  it  shall  then  be  the  duty  of  the  owner  to  provide  the  flooring 
as  herein  required. 

§5.  Failure  upon  the  part  of  the  owner  or  contractor  to  comply  with 
the  provisions  of  this  act  shall  be  deemed  a  misdemeanor  and  shall  be 
punishable  as  such. 

TITLE  306. 
MAYOES. 
ACT  2145. 

Providing  that  in  cities  of  over  ten  thousand  inhabitants,  the  mayor  or 
other  chief  executive  shall  not  be  required  to  act  as  city  judge  or 
ex-officio  judge  of  the  city  court  or  as  justice  of  the  peace;  to  pro- 
vide for  the  abolishment  of  such  city  court  and  the  transfer  of 
the  business  and  properties  of  such  city  court  to  the  justice  of  the 
peace  of  such  city,  and  to  require  such  justice  to  finish  such  busi- 
ness. [Stats.  1887,  p.  51.] 
This  act  appears  in  full  in  Appendix,  Code  of  Civil  Procedure. 

TITLE  307. 
MEADOW' LAKE. 
ACT  2150. 

Incorporating  town  of  Meadow  Lake.     [Stats.  1865-66,  p.  372.] 

TITLE  308. 

MECHANICS'  INSTITUTES. 
See  tit.  "Chambers  of  Commerce." 
ACT  2155. 

To  authorize  the  Mechanics'  Institute  of  San  Francisco   to  sell,  mort- 
gage  and   convey   realty.     [Stats.    1863,   p.   290.] 

TITLE  309. 

MEDICINE. 
ACT  2160. 

An  act  to  regulate  medical  practice  to  prevent  blindness  in  infants. 
[Approved  February  17,  1897.     Stats.  1897,  p.  12.] 

§  1.  Should  one  or  both  eyes  of  an  infant  become  reddened  or  in- 
flamed at  any  time  within  two  weeks  after  birth,  it  shall  be  the  duty 


609  MEDICINE.  Acts  2161-2163 

of  the  miflwife,  mirse,  or  person  having  charge  of  said  infant,  to  report 
the  condition  of  the  eyes  at  once  to  some  legally  qunlifiod  practitioner 
of  medicine  of  the  city,  town,  or  district  in  which  the  parents  of  the 
infant  reside. 

§2,  Any  failure  to  comply  with  the  provisions  of  this  act  shall  be 
puni.shable  by  a  fine  not  to  exceed  one  hundred  dollars,  or  imprisonment 
not  to  exceed  six  months,  or  both. 

§  3.     This  act  shall  take  effect  from  and  after  its  passage. 

ACT  2161. 

Practice  of  medicine,  regulating.     [Stats.  1875-76,  p.  792.] 
Amended  1877-78,  p.  918.     Repealed  1901,  p.  64.      See  post.  Acts  2162,  2163. 
Citations.      Cal.  54/95;    71/81;   81/372,   373;   106/296;    122/607. 

ACT  2162. 

An  act  for  the  regulation  of  the  practice  of  medicine  and  surgery  in  the 

state  of  California,  and  for  the  appointment  of  a  board  of  medical 

examiners  in  the  matter  of  said  regulation.     [Became  a  law  under 

constitutional   provision   without   governor's   approval,   February  27, 

1901.     Stats.  1901,  p.  56.] 

Citations.  Cal.  143/413,  419;  144/177;  148/590;  151/501,  503;  153/768, 
769. 

"Constitutional  (Ex  parte  Gerino,  143  Cal.  412).  Unconstitutional  in  part 
(Hewitt  V.  Board  of  Medical  Examiners,  148  Cal.  590).  See  Arwiue  v.  Board 
of  Medioal  E.xaminers,  XXXIV  Cal.  D&c.  45.  See,  also,  1907,  258." — Code  Cora- 
missioners'  Note. 

Probably  superseded  by  the  act  of  1907,  p.  252,  regulating  the  practice  of 
medicine.     See  this  act,  post.  Act  2163. 

ACT  2163. 

An   act   for   the    regulation    of    the    practice    of   medicine    and    surgery, 
osteopathy,  and  other  systems  or  modes  of  treating  tlie  sick  or  af- 
flicted,  in   the   state   of   California,   and   for   the   appointment   of   a 
board  of  medical  examiners  in  the  matter  of  said  regulation. 
[Approved  March  14,  1907.     Stats.  1907,  p.  252.] 

•  Amended  1909,   p.  418. 

Citations.     Cal.  153/768,    769,    771, 

Board  of  medical  examiners.    Vacancies.    Terra, 

§  1,  The  governor  shall  appoint  a  board  of  medical  examiners  to  be 
known  as  the  board  of  medical  examiners  of  the  state  of  California, 
consisting  of  eleven  members.  Such  appointments  shall  be  made  from 
separate  lists  presented  to  him  every  second  year;  five  members  from  a 
list  of  ten  names  presented  by  the  Medical  Society  of  the  State  of 
California,  two  members  from  a  list  of  four  names  presented  by  the  Cali- 
fornia State  Homeopathic  Medical  Society,  two  members  from  a  list  of 
four  names  presented  by  the  Eclectic  Medical  Society  of  the  State  of 
California,  and  two  members  from  a  list  of  four  names  presented  by  the 
Gen.  Laws — 39 


Act  2163,  §§  2-5  GENERAL  LAWS.  610 

Osteopathic  Association  of  the  State  of  California.  Vacancies  occurring 
in  the  representation  of  said  societies,  respectively,  shall  be  filled  by 
appointment  from  said  lists.  The  appointment  of  each  member  shall  be 
for  a  term  of  two  years,  and  until  his  successor  is  appointed  and  quali- 
fied; provided,  however,  that  no  professor,  instructor,  or  other  person  in 
any  manner  connected  with,  or  financially  interested  in  any  college  or 
school  of  medicine  or  surgery  or  osteopathy  shall  be  appointed  a  member 
of  said  board.  It  shall  require  the  affirmative  vote  of  seven  members 
of  said  board  to  carry  any  motion  or  resolution  to  adopt  any  rule  to 
pass  any  measure  or  to  authorize  the  issuance  of  any  certificate  as  in 
this  act  provided. 

Oath  of  office. 

§  2.  Each  member  of  said  board,  shall,  before  entering  upon  the  duties 
of  his  office,  take  the  constitutional  oath  of  office,  and  shall,  in  addi- 
tion, make  oath  that  he  is  a  graduate  in  medicine  and  surgery  or  oste- 
opathy, and  a  licensed  practitioner  of  medicine  and  surgery,  or  of 
osteopathy,  of  this  state. 

Organization.    Meetings.    Examinations.    Report  of  proceedings, 

§  3.  Said  board  shall  organize  on  or  before  the  first  Tuesday  of  May, 
1907,  by  electing  from  its  number  a  president,  vice-president,  secretary 
and  treasurer,  who  shall  hold  their  respective  positions  during  the  pleas- 
ure of  said  board.  Said  board  shall  hold  its  regular  meetings  in  the  city 
and  county  of  San  Francisco  on  the  first  Tuesday  of  April,  August,  and 
December  of  each  year,  with  power  of  adjournment  from  time  to  time 
until  its  business  is  concluded;  provided,  however,  that  examinations 
of  applicants  for  certificates  may,  in  the  discretion  of  the  board,  be 
conducted  in  any  part  of  the  state  designated  by  the  board.  Notice  of 
each  regular  meeting  of  the  board  shall  be  given  by  publication  twice 
a  week  for  each  of  the  two  weeks  next  preceding  each  meeting,  in  two 
daily  papers  published  in  the  city  of  San  Francisco,  in  one  daily  paper 
published  in  the  city  of  Sacramento,  and  one  daily  paper  published  in  the 
city  of  Los  Angeles,  which  notice  shall  also  specify  the  time  and  place 
of  holding  the  examination  of  applicants.  Special  meetings  of  the  board 
may  be  held  at  such  time  and  place  as  the  board  may  designate,  and 
the  same  notice  thereof  shall  be  given  as  in  case  of  regular  meetings. 
Said  board  shall  receive  through  its  secretary  applications  for  the  certif* 
icates  provided  to  be  issued  by  this  act,  and  shall  on  or  before  the 
first  day  of  January  of  each  year  transmit  to  the  governor  a  full  re- 
port of  all  its  proceedings,  together  with  a  report  of  its  receipts  .and 
disbursements. 

Office  of  board. 

§4.  The  office  of  snid  board  shall  be  in  the  city  and  county  of  San 
Francisco,  and  in  all  legal  proceedings  against  the  board  the  said  city 
and  county  shall  be  deemed  to  be  the  residence  of  the  members  thereof. 

Rules. 

§  5.  Said  board  may  from  time  to  time  adopt  such  rules  as  may  be 
necessary  to  enable   it  to  carry   into   effect  the  provisions  of  this  act. 


611  MEDICINE.  Act  2163,  §6 

Any  momber  of  said  board  may  administer  oaths  in  all  matters  pertain- 
ing to  tlie  duties  of  said  board,  and  the  board  shall  have  authority  to 
take  evidence  in  any  matter  cognizable  by  it. 

Forms  of  certificates.     How  to  procure  certificate.     Examination. 

§6.  Three  forms  of  certificate  shall  be  issued  by  said  board  under 
the  seal  thereof  and  signed  by  the  president  and  the  secretary;  first,  a 
certificate  authorizing  the  holder  thereof  to  practice  medicine  and  sur- 
gery; second,  a  certificate  authorizing  the  holder  thereof  to  practice 
osteopathy;  third,  a  certificate  authorizing  the  holder  thereof  to  practice 
any  other  system  or  mode  of  treating  the  sick  or  afflicted  not  referred 
to  in  this  section. 

In  order  to  procure  a  certificate  to  practice  medicine  and  surgery,  the 
applicant  for  such  certificate  must  file  with  said  board  at  least  two 
weeks  prior  to  a  regular  meeting  thereof,  satisfactory  testimonials  of 
good  moral  character,  and  a  diploma  issued  by  some  legally  chartered 
medical  school,  the  requirements  of  which  shall  have  been  at  the  time 
of  granting  such  diploma  in  no  particular  less  than  those  prescribed  by 
the  Association  of.  American  Medical  Colleges  for  that  J'^ear,  or  satis- 
factory evidence  of  having  possessed  such  diploma,  and  he  must  also 
file  with  said  diploma  an  application  sworn  to  before  some  person  au- 
thorized to  administer  oaths,  and  attested  by  the  hand  and  seal  of  such 
officer,  if  he  have  a  seal,  stating  that  he  is  the  person  named  in  said 
diploma,  that  he  is  the  lawful  holder  thereof,  and  that  the  same  was 
procured  in  the  regular  course  of  instruction  and  examination,  without 
fraud  or  misrepresentation.  The  said  application  shall  be  made  upon  a 
blank  furnished  by  said  board,  and  it  shall  contain  such  information 
concerning  the  medical  instruction  and  the  preliminary  education  of  the 
applicant  as  said  board  may  by  rule  provide.  Applicants  who  have  failed 
to  meet  the  above  requirements  must  be  rejected.  Applicants  for  a 
certificate  to  practice  osteopathy  shall  be  subject  to  the  above  regula- 
tions, except  that  in  place  of  the  diploma  hereinbefore  referred  to,  they 
shall  be  required  to  file  a  diploma  from  a  legally  chartered  college  of 
osteopathy,  having  a  course  of  instruction  of  at  least  twenty  months, 
requiring  actrial  attendance,  and  after  1908,  of  three  years  of  nine 
months  each,  and  including  the  studies  examined  upon  under  this  act. 
Applicants  for  a  certificate  to  practice  any  other  system  or  mode  -of 
treatment  not  in  this  act  referred  to,  shall  be  subject  to  the  above  regu- 
lations, except  that  in  place  of  the  diplomas  hereinbefore  referred  to, 
they  shall  be  required  to  file  a  diploma  from  a  legally  chartered  college 
of  the  system  or  mode  of  treatment  which  the  applicant  claims  or  in- 
tends to  follow. 

In  addition  to  the  requirements  above  set  forth,  all  applicants  for  a 
certificate  must  be  personally  examined  by  said  board  as  to  their  quali- 
fications. The  examination  shall  be  conducted  in  the  English  language, 
shall  be  practical  in  character  and  designed  to  discover  the  applicant's 
fitness  to  practice  his  profession,  and  shall  be,  in  whole  or  in  part,  in 
writing  on  the  following  fundamental  subjects,  to  wit:  Anatomy,  his- 
tology,   gynecology,    pathology,    bacteriology,    chemistry    and    toxicology 


Act  2163,  §§  7-9  GENERAL  LAWS.  612 

physiology,  obstetrics,  general  diagnosis,  hygiene.  Examinations  in  each 
subject  shall  consist  of  not  less  than  ten  questions,  answers  to  which 
shall  be  marked  upon  a  scale  of  zero  to  ten.  But  all  applicants  must 
obtain  not  less  than  a  general  average  of  seventy-five  per  cent  and  not 
less  than  sixty  per  cent  in  any  one  subject;  provided,  that  applicants 
who  can  show  at  least  ten  years  of  reputable  practice  shall  be  granted 
a  credit  of  five  per  cent  upon  the  general  average,  and  five  per  cent 
additional  for  each  subsequent  ten  years  of  such  practice. 

The  examination  papers  shall  form  a  part  of  the  records  of  the  board 
and  shall  be  kept  on  file  by  the  secretary  for  a  period  of  one  year 
after  each  examination.  In  said  examination  the  applicant  shall  be 
known  and  designated  by  number  only,  and  the  name  attached  to  the 
number  shall  be  kept  secret  until  after  the  board  has  finally  voted  upon 
the  application.  The  secretary  of  the  board  shall  in  no  instance  partici- 
pate as  an  examiner  in  any  examination  held  by  the  board. 

§7.  Each  applicant  on  making  application  shall  pay  to  the  secretary 
of  the  board  a  fee  of  twenty-five  (25)  dollars,  which  shall  be  paid  to 
the  treasurer  of  the  board  by  said  secretary.  In  case  the  applicant's 
credentials  are  insufficient,  or  in  case  he  does  not  desire  to  take  the 
examination,  the  sum  of  ten  (10)  dollars  will  be  retained,  the  remain- 
der of  the  fee  being  returnable  on  application. 

Record. 

§  8.  Said  board  shall  keep  an  official  record  of  all  its  proceedings,  a 
part  of  which  record  shall  consist  of  a  register  of  all  applicants  for 
certificates  under  this  act,  with  the  result  of  each  application.  Said 
record  shall  be  evidence  of  all  the  proceedings  of  said  board  which  are 
set  out  therein. 

Certificates  to  be  recorded  Ijy  county  clerk. 

§  9.  Every  person  holding  a  certificate  authorizing  him  to  practice 
medicine  and  surgery,  or  osteopathy,  or  any  other  system  or  mode  of 
treating  the  sick  or  afflicted,  in  this  state,  must  have  it  recorded  in  the 
office  of  the  county  clerk  of  the  county  in  which  the  holder  of  said 
certificate  is  practicing  his  profession,  and  the  fact  of  such  recording 
shall  be  indorsed  on  the  certificate  by  the  county  clerk  recording  the 
same.  Every  such  person,  on  each  change  of  his  residence  must  have 
his  certificate  recorded  in  the  county  to  which  he  shall  have  changed  his 
residence.  The  absence  of  such  record  shall  be  prima  facie  evidence  of 
the  want  of  possession  of  such  certificate.  And  any  person  holding  a 
certificate  who  shall  practice  medicine  or  surgery  or  osteopathy,  or  any 
o'ther  system  or  mode  of  treating  the  sick  or  afflicted,  in  this  state,  or 
to  attempt  to  practice  medicine  or  surgery  or  osteopathy,  or  any  other 
system  or  mode  of  treating  the  sick  or  afflicted,  in  this  state,  without 
first  having  filed  his  certificate  with  the  county  clerk  as  herein  provided, 
shall  be  deemed  guilty  of  a  misdemeanor  and  shall  be  punished  by  a 
fine  of  not  less  than  twenty-five  dollars  nor  more  than  one  hundred  dol- 
lars or  by  imprisonment  for  a  period  of  not  less  than  thirty  days  nor 
more  than  sixty  days,  or  by  both  such  fine  and  imprisonment. 


613  MEDICINE,  Act  2163,  §§  10,  11 

County  clerk  to  keep  record. 

§  10.  The  county  clerk  shall  keep  in  a  book  provided  for  the  pur- 
pose a  complete  list  of  the  certificates  recorded  by  him,  with  the  date 
of  the  record;  and  said  book  shall  be  open  to  public  inspection  during 
his  office  hours. 

Unprofessional  conduct.    Hearing  of  charges. 

§  11.  Said  board  must  refuse  a  certificate  to  any  applicant  guilty  of 
unprofessional  conduct;  but  before  such  refusal  the  applicant  must  be 
cited  by  citation,  signed  by  the  secretary  of  the  board,  and  sealed  with 
its  seal.  No  such  citation  shall  be  issued  except  upon  a  sworn  com- 
plaint filed  with  the  secretary  of  the  board,  charging  the  applicant  with 
having  been  guilty  of  unprofessional  conduct,  and  setting  forth  the  par- 
ticular acts  constituting  such  unprofessional  conduct.  On  the  filing  of 
such  complaint  the  secretary  must  forthwith  issue  a  citation  and  make 
the  same  returnable  at  the  next  regular  session  of  said  board,  occur- 
ring at  least  thirty  days  next  after  filing  the  complaint.  Such  citation 
shall  notify  the  applicant  of  the  time  and  place,  when  and  where  the 
matter  of  said  unprofessional  conduct  shall  be  heard,  the  particular  un- 
professional conduct  with  which  the  applicant  is  charged,  and  that  the 
applicant  shall  file  his  written  answer,  under  oath,  within  twenty  days 
next  after  the  service  on  him  of  sa,id  citation,  or  default  will  be  taken 
against  him,  and  his  application  for  a  certificate  refused.  The  at- 
tendance of  witnesses  at  such  hearing  shall  be  compelled  by  subpoenas 
issued  by  the  secretary  of  the  board,  under  its  seal;  and  said  secretary 
shall  in  no  case  refuse  to  issue  any  such  subpoena,  upon  a  fee  of  twenty 
cents  being  paid  him  for  each  subpoena.  Said  citation  and  said  sub- 
poenas shall  be  served  in  accordance  with  the  statutes  of  this  state  then 
in  force  as  to  the  service  of  citations  and  subpoenas  generally,  and  all 
provisions  of  the  statutes  of  this  state  then  in  force  relating  to  sub- 
poenas are  hereby  made  applicable  to  the  subpoenas  provided  for  herein. 
If  any  person  refuse  to  obey  a  subpoena  served  upon  him  in  accordance 
with  the  statutes  of  this  state  then  in  force  providing  for  the  man- 
ner of  serving  subpoenas,  the  fact  of  such  refusal  shall  be  certified  by 
the  secretary  of  said  board,  under  the  seal  thereof,  to  the  superior 
court  of  the  county  in  which  the  service  was  had,  and  said  court  shall 
thereupon  proceed  to  hear  said  matter  in  accordance  with  the  statutes 
of  this  state  then  in  force  as  to  contempts  for  disobedience  of  process 
of  the  court;  and  should  said  court  find  that  the  subpoena  has  been 
legally  served,  and  that  the  party  so  served  has  willfully  disobeyed  the 
same,  it  shall  proceed  to  impose  such  penalty  as  provided  in  cases  of 
contempt  of  court.  In  all  cases  of  alleged  unprofessional  conduct  aris- 
ing under  this  act,  depositions  of  witnesses  may  be  taken,  the  same  as 
in  civil  cases,  and  all  the  provisions  of  the  statutes  of  this  state  then 
in  force  as  to  the  taking  of  depositions  are  hereby  made  applicable  to 
the  taking  of  depositions  under  this  act.  If  the  applicant  shall  fail  to 
file  with  the  secretary  of  said  board  his  answer,  under  oath,  to  the 
charges  made  against  him,  within  twenty  days  after  service  on  him  of 
said  citation,  or  within  such  further  time  as  the  board  may  give   him, 


Act  2163,  §  11  GENERAL  LAWS.  614 

and  the  charges  on  their  face  be  deemed  sufficient  by  the  board,  default 
shall  be  entered  against  him,  and  his  application  refused.  If  the  charges 
on  their  face  be  deemed  sufficient  by  the  board,  and  issue  be  joined 
thereon  by  answer,  the  board  shall  proceed  to  determine  the  matter,  to 
that  end  shall  hear  such  evidence  as  may  be  adduced  before  it;  and  if 
it  appear  to  the  satisfaction  of  the  board  that  the  applicant  is  guilty 
as  charged,  no  certificate  shall  be  issued  to  him.  No  certificate  shall 
be  refused  on  the  ground  of  unprofessional  conduct  unless  the  applicant 
has  been  guilty  of  such  conduct  within  two  years  next  preceding  his 
application.  Whenever  any  holder  of  a  certificate  herein  provided  for 
is  guilty  of  unprofessional  conduct,  as  the  same  is  defiued  in  this  act, 
and  the  said  unprofessional  conduct  has  been  brought  to  the  attention 
of  the  board  granting  said  certificate,  in  the  manner  hereinafter  pointed 
out,  or  whenever  a  certificate  has  been  procured  by  fraud  or  misrepre- 
sentation, or  issued  by  mistake,  it  shall  be  their  duty  to,  and  they 
must,  revoke  the  same  at  once,  and  the  holder  of  said  certificate  shall 
not  be  permitted  to  practice  medicine  or  surgery,  or  osteopathy,  or  any 
other  system  or  mode  of  treating  the  sick  or  afflicted,  in  this  state. 
But  no  such  revocation  shall  be  made  unless  such  holder  is  cited  to 
appear  and  the  same  proceedings  are  had  as  is  hereinbefore  provided 
in  this  section  in  case  of  refusal  to  issue  certificates.  Said  secretary 
in  all  cases  of  revocation  shall  enter  on  his  register  the  fact  of  such 
revocation  and  shall  certify  the  fact  of  such  revocation  under  the  seal 
of  the  board,  to  the  county  clerk  of  the  counties  in  which  the  certificate 
of  the  person  whose  certificate  has  been  revoked,  is  recorded;  and  said 
clerk  must  thereupon  write  upon  the  margin  or  across  the  face  of  his 
register  of  the  certificate  of  such  person,  the  following:  "This  certificate 

was    revoked    on    the   day   of   ,"    giving    the    day,    month    and 

year  of  such  revocation  in  accordance  with  said  certification  to  him  by 
said  secretary.  The  record  of  such  revocation  so  made  by  said  county 
clerk  shall  be  prima  facie  evidence  of  the  fact  thereof,  and  of  the  regu- 
larity of  all  the  proceedings  of  said  board  in  the  matter  of  said  revoca- 
tion. From  the  time  of  the  revocation  of  a  certificate  the  holder  thereof 
shall  be  disqualified  from  practicing  medicine  or  surgery,  osteopathy, 
or  any  other  system  or  mode  of  treating  the  sick  or  afficted,  in  this 
Stat". 

The  words  "unprofessional  conduct,"  as  used  in  this  act,  are  hereby 
declared  to  mean: 

First — The  procuring,  or  aiding  or  abetting  in  procuring  a  criminal 
abortion. 

Second — The  willfully  betraying  a  professional  secret. 

Third — All  advertising  of  medical  business  which  is  intended  or  has 
a  tendency  to  deceive  the  public  or  impose  upon  credulous  or  ignorant 
persons,  and  so  be  harmful  or  injurious  to  public  morals  or  safety. 

Fourth — All  advertising  of  any  medicine  or  of  any  means  whereby  the 
monthly  periods  of  women  can  be  regulated  or  the  menses  re-establislied 
if  suppressed. 

Fifth — Conviction  of  any  offense  involving  moral  turpitude,  in  which 
case  the  record  of  such  conviction  shall  be  conclusive  evidence. 


615  MEDICINE.  Act  2163,  §§  12-15 

Sixth — Habitual  intemperance. 

Seventh — The  personation  of  another  licensed  practitioner  of  a  like 
or  different  name. 

Expenses  and  salaries. 

§  12.  Said  board  shall  have  the  power  to  employ  legal  counsel  and 
clerical  assistance  and  to  fix  the  salaries  of  the  same  and  to  incur  such 
other  expenses  as  may  be  deemed  necessary  to  carry  into  effect  the 
provisions  of  this  act.  It  shall  also  fix  the  salary  of  the  secretary,  not 
to  exceed  the  sum  of  twelve  hundred  dollars  ($1200)  per  annum,  and 
the  sum  to  be  paid  to  other  members  of  said  board,  not  to  exceed  ten 
(10)  dollars  per  diem  each,  for  each  and  every  day  of  actual  service 
in  the  discharge  of  official  duties;  and  said  board  may,  in  its  discre- 
tion, add  to  said  sums  necessary  traveling  expenses.  All  money  in  ex- 
cess of  the  actual  expenses  of  the  board  shall  be  paid  annually  into  the 
state  treasury. 

Illegal  practice.    Penalty. 

§  13.  Any  person  who  shall  practice  or  attempt  to  practice  or  adver- 
tise or  hold  himself  out  as  practicing  medicine  or  surgery,  osteopathy, 
or  any  other  system  or  mode  of  treating  the  sick  or  afflicted,  in  this 
state,  without  having,  at  the  time  of  so  doing,  a  valid,  unrevoked  cer- 
tificate, as  provided  in  this  act,  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof,  shall  Idb  punished  by  a  fine  of  not  less  than 
one  hundred  (100)  dollars,  nor  more  than  five  hundred  (500)  dollars, 
or  by  imprisonment  for  a  term  of  not  less  than  sixty  (GO)  days,  nor 
more  than  one  hundred  and  eighty  (180)  days,  or  by  both  such  fine  and 
imprisonment.  In  each  such  conviction  the  fine  shall  be  paid,  when 
collected,  to  the  state  treasurer,  and  shall  constitute  a  special  fund  for 
the  prosecution  of  illegal  practitioners  as  defined  in  this  act,  the  said 
fund  to  be  paid  to  the  said  board  upon  warrants  drawn  therefor  by 
its  secretary,  and  the  said  board  is  authorized  to  prosecute  all  persons 
guilty  of  a  violation  of  the  provisions  of  this  section. 

False  registration. 

§  14.  Every  person  filing  for  record,  or  attempting  to  file  for  record, 
the  certificate  issued  to  another,  falsely  claiming  himself  to  be  the  per- 
son named  in  such  certificate,  or  falsely  claiming  himself  to  be  the 
person  entitled  to  the  same,  shall  be  guilty  of  a  felony,  and,  upon  con- 
viction thereof,  shall  be  subject  to  such  penalties  as  are  provided  by 
the  laws  of  this  state  for  the  crime  of  forgery. 

False  representation. 

§15.  Any  person  assuming  to  act  as  a  member  of  the  state  board  of 
medical  examiners  without  so  being,  or  who  shall  sign,  or  subscribe,  or 
issue,  or  cause  to  be  issued,  or  seal  or  cause  to  be  sealed,  a  certificate 
authorizing  any  person  to  practice  medicine  or  surgery,  or  osteopathy, 
or  any  other  system  or  mode  of  treating  the  sick  or  afflicted,  in  this 
state,  shall  be  guilty  of  a  misdemeanor,  and  shall  be  punished  by  a 
fine  of  not  less   than  one  hundred   dollars,  nor   more   than  five   hundred 


Act  2163,  §§  16,  17  GENERAL  LAWS.  616 

dollars,  or  by  imprisonment  for  a  term  of  not  less  than  sixty  nor 
more  than  one  hundred  and  eighty  days,  or  by  both  such  fine  and  im- 
prisonment. 

Previous  registration. 

§  16.  A  person  who  holds  a  certificate  from  the  board  of  medical 
examiners  created  by,  "An  act  for  the  regulation  of  the  practice  of 
medicines  and  surgery,  in  the  state  of  California,  and  for  the  appoint- 
ment of  a  board  of  medical  examiners  in  the  matter  of  such  regulation," 
which  took  effect  August  the  first,  nineteen  hundred  and  one,  or  from 
one  of  the  boards  of  examiners  heretofore  existing,  under  the  provi- 
sions of  "An  act  to  regulate  the  practice  of  medicine  in  the  state  of 
California,"  approved  April  third,  eighteen  hundred  and  seventy-six,  or 
an  act  supplemental  and  amendatory  to  said  act,  which  became  a  law 
April  first,  eighteen  hundred  and  seventy-eight,  shall  be  entitled  to 
practice  medicine  and  surgery  in  this  state,  the  same  as  if  it  had  been 
issued  under  this  act;  any  person  who  holds  a  certificate  from  the 
board  of  osteopathic  examiners  of  the  state  of  California,  under  the 
provisions  of  "An  act  to  regulate  the  practice  of  osteopathy  in  the  state 
of  California,  and  to  provide  for  a  state  board  of  osteopathic  examiners, 
and  to  license  osteopaths  to  practice  in  this  state,  and  to  punish  per- 
sons violating  the  provisions  of  this  act,"  which  became  a  law  under 
constitutional  provisions,  without  the  governor's  approval,  March  ninth, 
nineteen  hundred  and  one,  shall  be  entitled  to  practice  osteopathy  in 
this  state,  the  same  as  if  it  had  been  issued  under  this  act.  Any  per- 
son who  holds  an  unrevoked  certificate  issued  by  the  board  of  exam- 
iners of  the  Association  of  Naturopaths  of  California,  incorporated  under 
the  laws  of  the  state  of  California,  August  eight,  1904,  and  who  shall 
be  practicing  naturopathy  prior  to  the  passage  of  this  act,  shall  be  en- 
titled to  practice  naturopathy  in  this  state,  the  same  as  if  it  had  been 
issued  under  this  act.  The  board  of  medical  examiners  shall  indorse 
said  certificate  at  their  first  meeting  after  this  act  becomes  a  law,  or 
at  any  subsequent  meeting  of  the  board,  but  not  later  than  six  months 
after  the  passage  of  this  act  by  signature  of  its  president  and  secre- 
tary and  affixing  its  official  seal.  Provided,  however,  that  the  holder 
of  such  certificate  has  signed  his  or  her  name  on  the  back  of  said  cer- 
tificate and  the  president  and  secretary  of  the  Association  of  Naturo- 
paths of  California,  have  certified  over  their  respective  signatures  that 
the  holder,  of  said  certificate  is  the  rightful  owner  of  same.  But  all 
certificates  herein  mentioned  may  be  revoked  for  any  unprofessional 
conduct,  in  the  same  manner  and  upon  the  same  grounds  as  if  they  had 
been  issued  under  this  act.     [Amended  1909;   Stats.  1909,  p.  418.] 

Emergency  services.    Particular  schools  of  medicine. 

§  17.  Nothing  in  this  act  shall  be  so  construed  as  to  inhibit  service 
in  the  ease  of  emergency,  or  to  the  domestic  administration  of  family 
remedies;  nor  shall  this  act  apply  to  any  commissioned  medical  officer 
in  the  United  States  army,  navy  or  marine  hospital  service,  in  the  dis- 
charge of  his  official  duties;   nor  to  any  licensed  dentist  when  engaged 


617  MENDOCINO  COUNTY.  Acts  2167-2172 

exclusively  in  the  practice  of  dentistry.  Nor  shall  this  act  apply  to 
any  practitioner  from  another  state  or  territory,  when  in  actual  con- 
sultation with  a  licensed  practitioner  of  this  state,  if  such  practitioner 
is,  at  the  time  of  such  consultation,  a  licensed  practitioner  in  the  state 
or  territory  in  which  he  resides;  provided,  that  such  practitioner  shall 
not  open  an  office  or  appoint  a  place  to  meet  patients  or  receive  calls 
within  the  limits  of  this  state.  Nor  shall  this  act  be  construed  so  as 
to  discriminate  against  any  particular  school  of  medicine  or  surgery  or 
osteopathy,  or  any  other  system  or  mode  of  treating  the  sick  or  atHicted, 
or  to  interfere  in  any  way  with  the  practice  of  religion;  provided,  that 
nothing  herein  shall  be  held  to  apply  or  to  regulate  any  kind  of  treat- 
ment by  prayer. 

Conflicting  acts  repealed. 

§  18.     Eepeal.     All  acts,  or  parts  of  acts,  in  any  wise  conflicting  with 
the  provisions  of  this  act,  are  hereby  repealed. 

§  19.     This  act  shall  take  effect  from  and  after  the  first  day  of  May, 
nineteen  hundred  and  seven. 

TITLE  310. 
MENDOCINO  COUNTY. 
ACT  2167. 

Big    Eiver    township,    purchase    and    construction    of    free    bridges    in. 
[Stats.  1873-74,  p.  544.] 
Amended  and  supplemented  1873-74,  p.  791. 

ACT  2168. 

Purchase  and  erection  of  bridges  in,  building  and  improvement  of  roads. 

[Stats.   1875-76,  p.   376.] 
ACT  2169. 

Providing  for  disposal  of  lots  in  towns  on  the  public  lands  in.     [Stats. 
1860,  p.  287.] 
Superseded  by  1867-68,  p.  487. 

This  act  was  passed  to  carry  out  the  provisions  of  an  act  of  Congress  for  the 
relief  of  citizens  of  tovpns  on  the  public  lands. 

ACT  2170. 

Fixing   salaries   of   certain   officers   of.     [Stats.   1873-74,   p.    174.] 
Amended  1877-78,  p.  183.     Repealed  by  County  Government  Act,  1897,  p.  525, 
S  174. 

This  act  fixed  the   salaries  of  sherifT,   county   clerk,   and  recorder. 

ACT  2171. 

Eegulating  fees   of   certain   officers   of.     [Stats.   1873-74,   p.   539.] 
Repealed  by  County  Government  Act,  1897,  p.  525,  §  174,  and  fee  bill  of  1895, 
p.  267. 

ACT  2172. 

Eepealing  all  special  road  laws  in.     [Stats.  1873-74,  p.  359.] 


Acts  2173-2193  GENERAL  LAWS.  618 

ACT  2173. 

To  provide  for  the  election  of  supervisors  in.     [Stats.  1877-78,  p.  1021.] 
Kepealed  by  County  Government  Act,   1897,  p.  452. 

TITLE  311. 
MENLO  PAKK. 
ACT  2178. 

Incorporation.     [Stats.  1873-74,  p.  533.] 
Kepealed  1875-76,  p.  400. 

TITLE  312. 
MEECED  CITY. 
ACT  2183. 

Protection  against  fire  in,     [Stats.  1877-78,  p.  214.] 

TITLE  313. 
MERCED  COUNTY. 
ACT  2188. 

Separating  oflice  of  county  recorder    from  county  clerk,  and  regulating 
the  salaries  of  certain  officers  in.     [Stats.  1873-74,  p.  660.] 
Amended  1877-78,  pp.  107,  137.     Kepealed  by  County  Government  Act,  1897, 
p.  557,  §  198. 

ACT  2189. 

Licenses,  collection  of.     [Stats.  1875-76,  p.  508.] 
Repealed  by  County  Government  Act,  1897,  p.  452. 

ACT  2190. 

Collection  of  poll  taxes  in.     [Stats.  1877-78,  p.  837.] 
Repealed  by  Political  Code,  §  2652. 

ACT  2191. 

Public  administrator,  bonds  of.     [Stats.   1872-72,  p.   21.] 
Superseded  by  County  Government  Act,  1897,  p.  475,   §  66. 

ACT  2192. 

Authorizing  the  supervisors  to  sell  and  convey  the  courthouse  block    and 
buildings  in  the  town  of  Snelling.     [Stats.  1873-74,  p.  239.] 

ACT  2193. 

Witness  fees  in.     [Stats.  1873-74,  p.  732.] 
Repealed  1875-76,  p.  493, 


619  MEXICAN   WAR— MINERAL   CABINET.  Acts  2197-2205 

TITLE  314. 
MEXICAN   WAR. 
ACT  2197. 

Authorizing  trustees  of  Associated  Veterans  of,  to  exchange  certain  lands 
for  certain  other  property  belonging  to  the  city  and  county  of  San 
Praneisco,  or  for  a  lease  of  such  property.  [Stats.  1871-72,  p.  363. J 
Amended  1881,  p.  66. 

TITLE    315. 

MILITARY  ACADEMY. 

ACT  2200. 

An  act  to  furnish  arms  for  the  use  of  military  academies  in  the  state. 

[Approved  February  20,  1872.     Stats.  1871-72,  p.  121.] 

Military  academies.     Majors. 

§  1.  That  when  a  military  academy  has  been  established  within  the 
state,  having  not  less  than  eighty  boys,  uniformed,  drilled,  and  instructed 
in  strict  accordance  with  the  tactics  of  the  regular  United  States  army 
service,  and  all  its  course  of  education  and  economy  conducted  upon 
strict  military  principles,  the  military  instructor  of  such  academy,  when 
regularly  elected  by  the  board  of  trustees  or  other  lawful  authority  of 
the  academy,  be  commissioned  in  the  national  guard  of  California,  with 
the  rank  of  major. 

Bond  and  issue  of  arms,  etc. 

§2.  That  upon  giving  bond,  with  good  security,  to  be  approved  by 
the  county  judge  of  the  county  where  the  academy  is  situated,  condi- 
tioned for  the  safekeeping  against  fire,  loss  and  against  all  damages,  in 
twice  the  value,  that  arms  and  accoutrements,  the  property  of  the  S'tate, 
be  issued  for  the  use  of  such  military  academy. 

Requisition. 

§  3.  The  adjutant-general  of  the  state  is  hereby  authorized  to  issue 
such  arms  and  accoutrements  as  may  be  needed  by  the  said  military 
academies,  without  a  monthly  allowance,  in  the  same  manner  as  arms  and 
accoutrements  are  issued  to  regular  organized  companies  of  the  national 
guard  of  California,  upon  requisition  made  for  this  purpose,  approved  by 
the  commander-in-chief. 

§  4.     This  act  shall  take  effect  immediately. 

TITLE  316. 
MINERAL  CABINET. 
ACT  2205. 

To  provide  for  the  establishment  of  a  cabinet  department  in  the  state  li- 
brary.    [Approved  April  1,  1872.     Stats.  1871-72,  p.  824.] 
See  note  to  Act  3844,  post. 


acts  2206-2215  GENERAL  LAWS.  620 

ACT  2206. 

To  provide  for  the  removal  of  the  mineral  cabinet  from  the  state  library. 
[Stats.  1887,  p.  74.] 
This  act  provided  for  the  removal  of  the  cabinet  to  the  Crocker  Art  Gallery 
and  the  appointment  of  trustees  of  the  mineral  cabinet. 

TITLE  317. 
MINES  AND  MINING. 
ACT  2211. 

Establishment     and     maintenance     of    a     mining    bureau.     [Stats.    1880, 
p.   115.] 
Supp.  1885,  p.  217.     Repealed  1893,  p.  207.      See  Stats.  1893,  p.  203. 

ACT  2212. 

Supplemental  to  act  providing  for  mining  bureau.  [Stats.  1885,  p.  217.] 
Repealed  1893,  p.  207. 

ACT  2213. 

To  provide  for  the  establishment  of  a  state  mining  bureau.     [Stats.  1893, 
p.   203.] 
Amended  1903,  p.  113;  1907,  p,  935. 

ACT  2214. 

Appropriation  to  be  used  in  the  construction  of  works  for  restraining  and 
impounding  debris.     [Stats.  1901,  p.  7.] 
This  act  appropriated  $150,000  for  the  above  purpose. 

ACT  2215. 

An  act  to  provide  in  whose  name  title  shall  be  taken  to  the  site  or  sites 
for  the  construction  of  the  works  provided  for  in  the  act  of  the  leg- 
islature of  the  state  of  California  entitled  "An  act  to  provide  for 
the  appointment,  duties  and  compensation  of  a  debris  commissioner, 
and  to  make  an  appropriation  to  be  expended  under  his  directions 
in  the  discharge  of  his  duties  as  such  commissioner,"  approved  March 
24,  1893,  and  the  amendments  thereto. 

[Approved  March  13,  1901.     Stats.  1901,  p.  282.] 

§  1.  The  title,  estate  and  interests  in  all  sites  purchased  under  the  act 
of  the  legislature  of  the  state  of  California  entitled  "An  act  to  provide 
for  the  appointment,  duties  and  compensation  of  a  debris  commissioner, 
and  to  make  an  appropriation  to  be  expended  under  his  directions  in  the 
discharge  of  his  duties  as  such  commissioner,"  approved  March  twenty- 
fourth,  eighteen  hundred  and  ninety-three,  and  the  amendments  thereto, 
for  the  construction  of  the  works  in  said  acts  contemplated,  shall  be 
taken  in  the  name  of  the  government  of  the  United  States  of  America. 

§2.     This  act  shall  take  effect  immediately. 


621  MINES  AND  MINING.  Acts  2216-2221 

ACT  2216. 

Prescribing  the  manner  of  locating  mining  claims  upon  the  public  domain 
of  the  United  States,  recording  notices  of  location  thereof,  amending 
defective  locations,  and  providing  for  the  deposit  of  district  records 
with  county  recorders,  and  prescribing  the  effect  to  be  given  to 
recordation  of  notices  of  location  and  affidavits.  [Approved  March 
27,  1S97.  Stats.  1897,  p.  214.] 
Repealed  1899,  p.  148;  1900,  p.  9. 

Citations.      Cal.  125/193;  129/362,  433,  435;  131/563;  145/14,  17,  18,  19,  22, 
24,  26;   149/361. 

ACT  2217. 

To  protect  owners  of  crops,  buildings,  and  improvements  in  the  mining 
districts.     [Stats.  1855,  p.  145.] 

Unconstitutional  in  part:  Gillan  v.  Hutchinson,  16  Cal.  153. 

This  act  protected  the  owners  of  growing  crops  from  injury  by  miners. 

ACT  2218, 

To  secure  to  the  miners  of  this  state  pure  and  unadulterated  quicksilver. 

[Stats.   1865-66,  p.   191.] 

This   act  is  not  in   terms  repealed,    although   as   to   the   criminal   portion   it   is 

superseded  by  the  Penal  Oode,  §§  366,  367.      It  is  difficult  to  determine  how  much, 

if  any,  of  the  balance  remains  in  force.      Under  any  circumstances  it  is  regarde(J 

as  of  sufficient  importance  to  refer  to  it  here. 

ACT    2219. 

Cencerning  partnerships  for  mining  purposes.     [Stats.   1865-66,  p.   828.] 
This  act  has  not  been  in  terms  repealed,  and  in  the  absence  of  direct  legisla- 
tion it  is  difficult  to  tell  whether  it  is  in  force  or  not. 

ACT    2220. 

Providing  for  conveyance  of  mining  claims.     [Stats.   1860,  p.  175.] 
Amended  1863,  p.  98. 

"Probably  repealed  by  §  1091  et  seq..  Civil  Code.     If  not,  then  modified  as  to 
corporations  by   1880,   p.   131." — Code   Commissioners'    Note. 

ACT    2221. 

An   act   to   provide   for   the    covering   or   fencing   of   abandoned    mining 
shafts,   pits  or   excavations,   the   penalty,   and   also   the   penalty   for 
removing  or  destroying  the  covering  or  fencing  from  same. 
[Approved  March  20,  1903.     Stats.  1903,  p.  283.] 

§  1.  All  abandoned  mining  shafts,  pits  or  other  abandoned  excava- 
tions dangerous  to  passers  by  or  livestock  shall  be  securely  covered  or 
fenced,  and  kept  so,  by  the  owners  of  the  land  or  persons  in  charge  of 
the  same,  on  which  such  shafts,  pits  or  other  excavations  are  located. 
Any  person  or  persons  failing  to  comply  with  the  provisions  of  this  sec- 
tion shall  be  deemed  guilty  of  a  misdemeanor. 


Act  2222  GENERAL  LAWS.  622 

§2.  All  abandoned  mining  shafts,  pits  or  other  excavations  situated 
on  unoccupied  public  lands  may  be  securely  covered  or  fenced  by  order 
of  the  board  of  supervisors  of  the  county  wherein  the  same  is  situated, 
and  it  shall  be  the  duty  of  the  board  of  supervisors  to  keep  the  same 
securely  fenced  or  covered  whenever  it  appears  to  them,  by  proof  sub- 
mitted, that  the  same  is  dangerous  or  unsafe  to  man  or  beast.  The  cost 
of  said  covering  or  fencing  to  be  a  county  charge. 

§  3.  Any  person  or  persons  maliciously  removing  or  destroying  any 
covering  or  fencing  placed  around  or  over  any  shaft,  pit  or  other  exca- 
vation, as  hereinbefore  provided,  shall  be  deemed  guilty  of  a  misde- 
meanor. 

■   §4.     This  act  shall  take  effect  six  months  from  the  day  of  passage. 

ACT  2222. 

An  act  for  the  protection  of  miners. 
[Approved  March  16,  1872.     Stats.  1871-72,  p.  413.] 

Protection  to  miners. 

§  1.  It  shall  not  be  lawful  for  any  corporation,  association,  owner, 
or  owners  of  any  quartz-mining  claims  within  the  state  of  California, 
where  such  corporation,  association,  owner  or  owners  employ  twelve  men 
daily,  to  sink  down  into  such  mine  or  mines  any  perpendicular  shaft  or 
incline  beyond  a  depth  from  the  surface  of  three  hundred  feet  without 
providing  a  second  mode  of  egress  from  such  mine,  by  shaft  or  tunnel, 
to  connect  with  the  main  shaft  at  a  depth  of  not  less  than  one  hundred 
feet  from  the  surface. 

Modes  of  escape. 

§2.  It  shall  be  the  duty  of  each  corporation,  association,  owner,  or 
owners  of  any  quartz  mine  or  mines  in  this  state,  where  it  becomes  nec- 
essary to  work  such  mines  beyond  the  depth  of  three  hundred  feet,  and 
where  the  number  of  men  employed  therein  daily  shall  be  twelve  or 
more,  to  proceed  to  sink  another  shaft  or  construct  a  tunnel  so  as  to 
connect  with  the  main  working-shaft  of  such  mine  as  a  mode  of  escape 
from  underground  accident,  or  otherwise.  And  all  corporations,  asso- 
ciations, owner,  or  owners  of  mines  as  aforesaid,  working  at  a  greater 
depth  than  three  hundred  feet,  not  having  any  other  mode  of  egress 
than  from  the  main  shaft,  shall  proceed  as  herein  provided. 

LiabiUties. 

§  3.  When  any  corporation,  association,  owner,  or  owners  of  any 
quartz  mine  in  this  state  shall  fail  to  provide  for  the  proper  egress  as 
herein  contemplated,  and  therein  shall  be  hurt  or  injured,  and  from 
such  injury  might  have  escaped  if  the  second  mode  of  egress  had  ex- 
isted, such  corporation,  association,  owner  or  owners  of  the  mine  where 
the  injuries  shall  have  occurred  shall  be  liable  to  the  person  injured  in 
all  damages  that  may  accrue  by  reason,  thereof;  and  an  action  at  law 


629  MINES  AND  MINING.  Act  2223 

in  a  court  of  competent  jurisdiction  may  be  maintained  against  tlie 
owner  or  owners  of  such  mine,  wliich  owners  shall  be  jointly  or  severally 
liable  for  such  damages.  And  where  death  shall  ensue  from  injuries 
received  from  any  negligence  on  the  part  of  the  owners  thereof,  by  rea- 
son of  their  failure  to  comply  with  any  of  the  provisions  of  this  act, 
the  heirs  or  relatives  surviving  the  deceased  may  commence  an  action 
for  the  recovery  of  such  damages  as  provided  by  an  act  entitled  an 
act  requiring  compensation  for  causing  death  by  wrongful  act,  neglect, 
or  default,  approved  April  twenty-sixth,  eighteen  hundred  and  sixty- 
two. 

§4.  This  act  shall  take  effect  and  be  in  force  six  months  from  and 
after  its  passage, 

ACT  2223. 

An  act  for   the  protection  of  coal  mines  and  coal  miners.     [Approved 

March  27,   1874.     Stats.   1873-74,   p.   726.] 
Map. 

§  1.  The  owner  or  agent  of  every  coal  mine  shall  make  or  cause  to 
be  made  an  accurate  map  or  plan  of  the  workings  of  such  coal  mine, 
on  a  scale  of  one  hundred  feet  to  the  inch. 

Copies. 

§2.  A  true  copy  of  which  map  or  plan  shall  be  kept  at  the  office  of 
the  owner  or  owners  of  the  mine,  open  to  the  inspection  of  all  persons, 
and  one  copy  of  such  map  or  plan  shall  be  kept  at  the  mines  by  the 
agent  or  other  person  having  charge  of  the  mines,  open  to  the  inspec- 
tion of  the  workmen. 

Shafts  or  outlets. 

§  3.  The  owner  or  agent  of  every  coal  mine  shall  provide  at  least 
two  shafts,  or  slopes,  or  outlets,  separated  by  natural  strata  of  not  less 
than  one  hundred  and  fifty  feet  in  breadth,  by  which  shafts,  slopes, 
or  outlets  distinct  means  of  ingress  and  egress  are  always  available 
to  the  persons  employed  in  the  coal  mine;  provided,  that  if  a  new  tunnel, 
slope,  or  shaft  will  be  required  for  the  additional  opening,  work  upon 
the  same  shall  commence  immediately  after  the  passage  of  this  act,  and 
continue  until  its  final  completion,  with  reasonable  dispatch. 

Ventilation. 

§4.  The  owner  or  agent  of  every  coal  mine  shall  provide  and  estab- 
lish for  every  such  mine  an  adequate  amount  of  ventilation,  of  not 
less  than  fifty-five  cubic  feet  per  second  of  pure  air,  or  thirty-three 
hundred  feet  per  minute,  for  every  fifty  men  working  in  such  mine,  and 
as  much  more  as  circumstances  may  require,  which  shall  be  circulated 
through  to  the  face  of  each  and  every  working  place  throughout  the 
entire  mine,  to  dilute  and  render  harmless  and  expel  therefrom  the 
noxious,  poisonous  gases,  to  such  an  extent  that  the  entire  mine  shall 
be  in  a  fit  state  for  men  to  work  therein,  and  be  free  from  danger  to 


Act  "2223,  §§  5-12  GENERAL  LAWS,  624 

the  health  and  lives  of  the  men  by  reason  of  said  noxious  and  poisonous 
gases,  and  all  workings  shall  be  kept  clear  of  standing  gas. 

Inside  overseer.    Duties. 

§  5.  To  secure  the  ventilation  of  every  coal  mine,  and  provide  for 
the  health  and  safety  of  the  men  employed  therein,  otherwise  and  in 
every  respect,  the  owner,  or  agent,  as  the  case  may  be,  in  charge  of 
every  coal  mine,  shall  employ  a  competent  and  practical  inside  overseer, 
who  shall  keep  a  careful  watch  over  the  ventilating  apparatus,  over 
the  air-ways,  the  traveling-ways,  the  pumps  and  sumps,  the  timbering,  to 
see  as  the  miners  advance  in  their  excavations  that  all  loose  coal,  slate, 
or  rock  overhead  is  carefully  secured  against  falling;  over  the  arrange- 
ments for  signaling  from  the  bottom  to  the  top,  and  from  the  top  to 
the  bottom  of  the  shaft  or  slope,  and  all  things  connected  with  and 
appertaining  to  the  safety  of  the  men  at  work  in  the  mine.  He,  or  his 
assistants,  shall  examine  carefully  the  workings  of  all  mines  generating 
explosive  gases,  every  morning  before  the  miners  enter,  and  shall  ascer- 
tain that  the  mine  is  free  from  danger,  and  the  workmen  shall  not 
enter  the  mine  until  such  examination  has  been  made  and  reported, 
and  the  cause  of  danger,  if  any,  be  removed. 

§  6.  The  overseer  shall  see  that  hoisting  machinery  is  kept  constantly 
in  repair  and  ready  for  use,  to  hoist  the  workmen  in  or  out  of  the  mine. 

Owner. 

§  7.     The  word  "owner"  in  this  act  shall  apply  to  lessee  as  well. 

Eight  of  action. 

§  8.  For  any  injury  to  person  or  property  occasioned  by  any  violation 
of  this  act,  or  any  willful  failure  to  comply  with  its  provisions,  a  right 
of  action  shall  accrue  to  the  party  injured  for  any  direct  damages  he 
or  she  may  have  sustained  thereby,  before  any  court  of  competent  juris- 
diction. 

Liability. 

§  9.  For  any  willful  failure  or  negligence  on  the  part  of  the  over- 
seer of  any  coal  mine,  he  shall  be  liable  to  conviction  of  misdemeanor, 
and  punished  according  to  law;  provided,  that  if  such  willful  failure 
or  negligence  is  the  cause  of  the  death  of  any  person,  the  overseer,  upon 
conviction,  shall  be  deemed  guilty  of  manslaughter. 

Boilers. 

§  10.  All  boilers  used  for  generating  steam  in  and  about  coal  mines 
shall  be  kept  in  good  order,  and  the  owner  or  agent  thereof  shall  have 
them  examined  and  inspected,  by  a  competent  boiler-maker,  as  often  as 
once  in  three  months. 

§  11.     This  act  shall  not  apply  to  opening  a  new  coal  mine. 

§  12.     This  act  shall  take  effect  immediately. 


625  MINES  AND  MINING.  Act  2224,  §5  1-5 

ACT  2224. 

An  act  to  provide  a  state  hospital  and  asylum  for  miners.     [Approved 
March  14,  1881.     Stats.   1881,  p.  81.] 

Erection  of  state  hospital  for  miners. 

§  1.  There  shall  be  erected,  as  soon  as  conveniently  may  be,  npon 
some  suitable  site,  to  be  determined  and  obt-ained  as  is  hereinafter 
provided,  a  public  hospital  and  asylum  for  the  reception,  care,  medical, 
and  surgical  treatment,  and  relief  of  the  sick,  injured,  disabled,  and 
aged  miners,  which  shall  be  known  as  the  "California  State  Miners' 
Hospital  and  Asylum." 

Trustees  of,  how  appointed. 

§  2.  The  governor  shall  nominate,  and  by  and  with  the  advice  and 
consent  of  the  senate  appoint  five  persons  to  serve  as  trustees  of  the 
said  institution,  who  shall  be  a  body  politic  and  corporate  by  the  name  and 
style  of  the  "Trustees  of  the  California  State  Miners'  Hospital  and  Asy- 
lum," and  shall  manage  and  direct  the  concerns  of  the  institution,  and 
make  all  necessary  by-laws  and  regulations,  and  shall  have  power  to 
receive,  hold,  dispose  of,  and  convey  all  real  and  personal  property  con- 
veyed to  them  by  gift,  devise,  or  otherwise,  for  the  use  of  said  insti- 
tution, and  shall  serve  without  compensation.  Of  those  first  appointed, 
two  shall  serve  for  two  years,  and  three  for  four  years;  and  at  the 
expiration  of  the  respective  terms,  each  class  thereafter  shall  be  ap- 
pointed for  four  years.  A  vacancy  in  said  board,  from  any  cause,  shall 
be  filled  by  appointment  by  the  governor  for  the  unexpired  term. 

Superintendent,  how  appointed. 

§  3.  The  said  trustees  shall  have  charge  of  the  general  interests  of 
the  institution;  they  shall  appoint  the  superintendent,  who  shall  be  a 
skillful  physician  and  surgeon,  subject  to  removal  or  re-election  no 
oftener  than  in  periods  of  ten  years,  except  by  infidelity  to  the  trust 
reposed  in  him,  or  for  incompetency. 

By-laws. 

§  4.  The  trustees,  by  and  with  the  consent  of  the  governor,  shall 
make  such  by-laws  and  regulations  for  the  government  of  the  institution 
as  shall  be  necessary;  they  shall  appoint  a  treasurer,  who  shall  give 
bonds  to  the  people  of  the  state  of  California  for  the  faithful  discharge 
of  his  duties;  and  they  shall  fix  the  compensation  of  all  officers,  assist- 
ants, and  attaches,  who  may  be  necessary  for  the  just  and  economical 
administration  of  the  affairs  of  said  institution. 

Charges  for  medical  attendance. 

§5.  Indigent  miners  shall  be  charged  for  medical  attendance,  sur- 
gical operations,  board,  and  nursing  while  residents  in  the  hospital  and 
asylum,  no  more  than  the  actual  cost;  paying  patients,  whose  friends 
can  pay  their  expenses,  and  who  are  not  chargeable  upon  townships 
and  counties,  shall  pay  according  to  the  terms  directed  by  the  trustees. 
Gen.  Laws — 40 


Act  2225  GENERAL  LAWS.  626 

Powers  of  boards  of  supervisors. 

§  6.  The  several  boards  of  supervisors  of  counties,  or  any  constituted 
authority  in  the  state  having  care  and  charge  of  any  indigent  sick, 
or  aged  person  or  persons,  if  satisfactorily  proven  by  them  to  have  been 
miners,  shall  have  authority  to  send  to  the  "California  State  Miners' 
Hospital  and  Asylum"  such  persons,  and  they  shall  be  severally  charge- 
able with  the  expenses  of  the  care,  maintenance,  and  treatment,  and 
removal  to  and  from  the  hospital  and  asylum  of  such  patients. 

Trustees  to  report. 

§  7.  The  trustees  shall  annually,  at  such  time  as  the  governor  may 
designate,  report  to  Mm,  for  transmission  to  the  legislature,  such  a 
statement  as  he  may  require  as  to  the  management  of  the  said  hospital 
and  asylum. 

§  8,     This  act  shall  take  effect  immediately. 

ACT  2225. 

An  act  to  establish  a  uniform  system  of  mine  bell  signals,  to  be  used  in 

all  mines  operated  in  the  state  of  California,  and  for  the  protection 

of  miners. 

[Approved  March  8,  1893.     Stats.  1893,  p.  82.] 

Citations.      Cal.  149/44. 

See  Manning  v.  App  Cons.  G.  M.  Co.,  149  Cal.  35. 

§  1.  Every  p*-son,  company,  corporation,  or  individual  operating  any 
mine  within  the  state  of  California — gold,  silver,  copper,  lead,  coal,  or 
any  other  metal  or  substance  where  it  is  necessary  to  use  signals  by 
means  of  bell  or  otherwise  for  shafts,  inclines,  drifts,  crosscuts,  tunnels, 
and  underground  workings — ^shall,  after  the  passage  of  this  bill,  adopt, 
use,  and  put  in  force  the  following  system  or  code  of  mine  bell  signals, 
as  follows: 

1  bell,  to  hoist.     (See  rule  2.) 

1  bell  to  stop  if  in  motion. 

2  bells  to  lower.     (See  rule  2.) 

3  bells,  man  to  be  hoisted;  run  slow.     (See  rule  2.) 

4  bells,  start  pump,  if  not  running,  or  stop  pump  if  running. 
1 — 3  bells,  start  or  stop  air  compressor. 

5  bells,  send  down  tools.     (See  rule  4.) 

6  bells,  send  down  timbers.     (See  rule  4.) 

7  bells,  accident;  move  bucket  or  cage  by  verbal  orders  only. 
1 — 4  bells,  foreman  wanted. 

2 — 1 — 1  bells,  done  hoisting  until  called. 
2 — 1 — 2  bells,  done  hoisting  for  the  day. 

2 — 2 — 2  bells,  change  buckets  from  ore  to  water,  or  vice  versa. 
3 — 2 — 1  bells,  ready  to  shoot  in  the  shaft.     (See  rule  3.) 
Engineer's  signal,  that  he  is  ready  to  hoist,  is  to  raise  the  bucket  or 
cage  two  feet  and  lower  it  again.     (See  rule  3.) 


627  MINES  AND  MINING,  Act  2225,  §§  2-4 

Levels  shall  be  clesiguated  and  inserted  in  notice  hereinafter  men- 
tioned.    (See  rule  5.) 

§2.  For  the  purpose  of  enforcing  and  properly  understanding  the 
above  code  of  signals,  the  following  rules  are  hereby  established: 

Rule  1.  In  giving  signals  make  strokes  on  bell  at  regular  intervals. 
The  bar  ( — )  must  take  the  same  time  as  for  one  stroke  of  the  bell, 
and  no  more.  If  timber,  tools,  the  foreman,  bucket,  or  cage,  are  wanted 
to  stop  at  any  level  in  the  mine,  signal  by  number  of  strokes  on  the 
bell,  the  number  of  the  level  first  before  giving  the  signal  for  timber, 
tools,  etc.     Time  between  signals  to  be  double  bars  ( ).     Examples: 

6 5,  would  mean  stop  at  sixth  level  with  tools. 

4 1 — 1 — 1 1,  would  mean  stop  at  fourth  level,  man  on,  hoist. 

2 1 — i,  would  mean  stop  at  second  level  with  foreman. 

Rule  2.  No  person  must  get  off  or  on  the  bucket  or  cage  while  the 
same  is  in  motion.  When  men  are  to  be  hoisted,  give  the  signal  for 
men.  Men  must  then  get  on  bucket  or  cage,  then  give  the  signal  to 
hoist.  Bell-cord  must  be  in  reach  of  man  on  the  bucket  or  cage  at 
stations. 

Rule  3.  After  signal  "Ready  to  shoot  in  shaft,"  engineer  must  give 
his  signal  when  he  is  ready  to  hoist.  Miners  must  then  give  the  signal 
of  "Men  to  be  hoisted,"  then  "spit  fuse,"  get  into  the  bucket),  and  give 
the  signal  to  hoist. 

Rule  4.  All  timbers,  tools,  etc.,  "longer  than  the  depth  of  the  bucket," 
to  be  hoisted  or  lowered,  must  be  securely  lashed  at  the  upper  end  to 
the  cable.  Miners  must  know  they  will  ride  up  or  down  the  shaft 
without  catching  on  rocks  or  timbers,  and  be  thrown  out. 

Rule  5.  The  foreman  will  see  that  one  printed  sheet  of  these  signals 
and  rules  for  each  level  and  one  for  the  engine-room  are  attached  to  a 
board  not  less  than  twelve  inches  wide  by  thirty-six  inches  long,  and 
securely  fasten  the  board  up  where  signals  can  be  easily  read  at  the 
places  above  stated. 

Rule  6.  The  above  signals  and  rules  must  be  obeyed.  Any  violation 
will  be  sufficient  grounds  for  discharging  the  party  or  parties  so  doing. 
No  person,  company,  corporation,  or  individuals  operating  any  mine 
within  the  state  of  California  shall  be  responsible  for  accidents  that 
may  happen  to  men  disobeying  the  above  rules  and  signals.  Said  notice 
and  rules  shall  be  signed  by  the  person  or  superintendent  having  charge 
of  the  mine,  who  shall  designate  the  name  of  the  corporation  or  the 
owner  of  the  mine. 

§  3.  Any  person  or  company  failing  to  carry  out  any  of  the  prori- 
sions  of  this  act  shall  be  responsible  for  all  damages  arising  to  or  in- 
curred by  any  person  working  in  said  mine  during  the  time  of  such  fail- 
ure. 

§  4.     This  act  shall  take  effect  immediately. 


Acts  2226-2229  GENERAL  LAWS.  628 

ACT    2226. 

An  act  to  provide  for  the  appointment,  duties,  and  compensation  of  a 
debris  commissioner,  and  to  make  an  appropriation  to  be  expended 
under  his  directions  in  the  discharge  of  his  duties  as  such  commis- 
sioner. [Approved  March  24,  1893.  Stats.  1893,  p.  339.] 
Amended  1897,  p.  169;  1901,  pp.  284,  564;  1905',  p.  142.  Section  6  repealed 
1901,  p.  564. 

Repealed  1907,  p.  224, 

ACT  2227. 

An    act   regulating   the    sale    of   mineral   lands   belonging   to    the    state. 
[Stats.  1873-74,  p.  766.] 
I  Amended  1875-76,  p.  20;  1880,  p.  26.     Repealed  1897,  p.  438. 

The  repealing  act  contained  the  following  sections: 

§  2.  "When  it  shall  be  shown  by  affidavits  or  otherwise,  to  the  satis- 
faction of  the  surveyor  general,  that  any  portion  of  a  sixteenth  or  thirty- 
sixth  section  belonging  to  the  state  is  valuable  for  its  mineral  deposits, 
the  surveyor  general  shall  not  approve  any  application  to  purchase  the 
same,  nor  shall  the  register  of  the  state  land  office  issue  a  certificate 
of  purchase  therefor,  until  the  question  of  the  character  of  the  land 
has  been  referred  for  determination  to  a  court  of  competent  jurisdiction, 
in  the  manner  provided  by  section  thirty-four  hundred  and  fourteen  of 
the  Political  Code,  and  adjudged  not  to  be  valuable  as  mining  land. 

§  3.  The  sixteenth  and  thirty-sixth  sections  belonging  to  the  state, 
in  which  there  may  be  found  valuable  mineral  deposits  are  hereby  de- 
clared to  be  free  and  open  to  exploration,  occupation,  and  purchase  of 
the  United  States,  under  the  laws,  rules,  and  regulations  passed  and 
prescribed  by  the  United  States  for  the  sale  of  mineral  lands. 

§  4.     This  act  shall  take  effect  from  and  after  its  passage. 

ACT  2228. 

To  regulate  the  rights  of  owners  of  mines.     [Stats.  1869-70,  p.  569.] 

This  act  gave  rights  of  way  to  miners  and  provided  a  means  by  which  rights 
of  way  and  places  of  deposit  could  be  obtained.  It  has  not  been  in  terms  re- 
pealed, but  as  county  courts  have  been  abolished,  it  is  probably  not  in  force. 

ACT  2229. 

An  act  entitled  an  act  relating  to  the  working,  rights  of  way,  easement, 

and  drainage  of  mines  in  the  state  of  California. 

[Approved  March  31,  1891.     Stats.  1891,  p.  219.] 

Citations.     Cal.  117/490. 

§  1.  Whenever  any  mine  owner,  company,  or  corporation  shall  have 
performed  the  labor  and  made  the  improvements  required  by  law  for  the 
location  and  ownership  of  mining  claims  or  lodes,  such  owner,  company, 


629  MINES  AND  MINING.  Act  2229,  §§  2,  3 

or  corporation  shall  file  or  cause  to  be  filed,  within  thirty  days  after 
the  time  limited  for  performing  such  labor  or  making  such  improve- 
ments, with  the  county  recorder  of  deeds  of  the  county  in  which  the 
mine  or  claim  is  situated,  [an  afiidavit]  particularly  describing  the 
labor  performed  and  improvements  made,  and  the  value  thereof,  which 
artidavit  shall  be  prima  facie  evidence  of  the  facts  therein  stated.  Upon 
the  failure  of  any  claimant  or  mine  owner  to  comply  with  the  conditions 
of  this  act  in  the  performance  of  labor,  or  making  of  improvements 
upon  any  claim,  mine,  or  mining  ground,  the  claim  or  mine  upon  which 
such  failure  occurred  shall  be  opened  to  relocation  in  the  same  manner 
as  if  no  location  of  the  same  had  ever  been  made.  But  if,  previous  to 
relocation,  the  original  locators,  their  heirs,  assigns,  or  legal  repre- 
sentatives, resume  work  upon  such  claim,  and  continue  the  same  with 
reasonable  diligence  until  the  required  amount  of  labor  has  been  per- 
formed or  improvements  made,  and  the  required  statement  of  accounts 
and  affidavits  filed  with  the  county  recorder,  then  the  claim  shall  not 
be  subject  to  relocation  because  of  previous  failure  to  file  accounts. 
Upon  the  failure  of  any  one  of  the  several  co-owners  to  contribute  his 
portion  of  the  expenditures,  required  hereby,  the  co-owners  who  have 
performed  the  labor  or  made  the  improvement  may,  at  the  expiration 
of  the  year,  give  such  delinquent  co-owner  personal  notice,  in  writing, 
or  by  publication  in  the  newspaper  published  nearest  the  claim  for  at 
least  once  a  week  for  ninety  days;  and  if,  at  the  expiration  of  ninety 
days  after  such  notice  in  writing  or  publication,  such  delinquent  shall 
fail  or  refuse  to  contribute  his  portion  of  the  expenditures  required  by 
this  section,  his  interest  in  the  claim  shall  become  the  property  of  his 
co-owners  who  made  the  required  expenditures.  A  copy  of  such  notice, 
together  with  an  affidavit  showing  personal  servi(;e  or  publication,  as 
the  case  may  be,  of  such  notice,  when  filed  or  recorded  with  the  re- 
corder of  deeds  of  the  county  in  which  such  mining  claim  is  situated, 
shall  be  evidence  of  the  acquisition  of  title  of  such  co-owners.  Where 
a  person  or  company  has  or  may  run  a  tunnel  or  cuts  for  the  purpose 
and  in  good  faith  for  the  purpose  of  developing  a  lode,  lodes,  or  claims 
owned  by  said  person  or  company  or  corporation,  the  money  so  expended 
in  runjiing  said  tunnel  shall  be  taken  and  considered  as  expended  on 
said  lodes  or  claims;  provided,  further,  that  said  lode,  claim,  or  claims 
shall  be  distinctly  marked  on  the  surface  as  provided  by  law. 

§  2.  All  mining  locations  and  mining  claims  shall  be  subject  to  a 
reservation  of  the  right  of  way  through  or  over  any  mining  claims, 
ditches,  roads,  canals,  cuts,  tunnels,  and  other  easements  for  the  purpose 
of  working  other  mines;  provided,  that  any  danger  occasioned  thereby 
shall  be  assessed  and  paid  for  in  the  maijner  provided  by  law  for  land 
taken  for  public  use  under  the  right  of  eminent  domain. 

§3.     This  act  shall  take  effect  immediately. 


Acts  2230-2236  GENERAL  LAWS.  630 

ACT  2230. 

An  act  regulabing  the  hours  of  employment  in  underground  mines  and 

in  smelting  and  reduction  works. 

[Approved  March  10,  1909.     Stats.  1909,  p.  279.] 

§  1.  That  the  period  of  employment  for  all  persons  who  are  employed 
or  engaged  in  work  in  underground  mines  in  search  of  minerals,  whether 
base  or  precious,  or  who  are  engaged  in  such  underground  mines  for 
other  purposes,  or  who  are  employed  or  engaged  in  other  underground 
workings,  whether  for  the  purpose  of  tunneling,  making  excavations 
or  to  accomplish  any  other  purpose  or  design,  or  who  are  employed  in 
smelters  and  other  institutions  for  the  reduction  or  refining  of  ores  or 
metals,  shall  not  exceed  eight  hours  within  any  twenty-four  hours,  and 
the  hours  of  employment  in  such  employment  or  work  day  shall  be 
consecutive,  excluding,  however,  any  intermission  of  time  for  lunch  or 
meals;  provided  that,  in  the  case  of  emergency,  where  life  or  property 
is  in  imminent  danger,  the  period  may  be  a  longer  time  during  the 
continuance  of  the  exigency  or  emergency. 

§  2.  Any  person  who  shall  violate  any  provision  of  this  act,  and  any 
person  who  as  foreman,  manager,  director  or  officer  of  a  corporation, 
or  as  the  employer  or  superior  officer  of  any  person,  shall  command,  per- 
suade or  allow  any  person  to  violate  any  provision  of  this  act,  shall  be 
guilty  of  a  misdemeanor  and  upon  conviction  shall  be  punished  by  a 
fine  of  not  less  than  fifty  dollars  ($50)  nor  more  than  three  hundred  dol- 
lars ($300),  or  by  imprisonment  of  not  more  than  three  months.  And  the 
court  shall  have  discretion  to  impose  both  fine  and  imprisonment  as  herein 
provided. 

§  3.  All  acts  and  parts  of  acts  inconsistent  with  this  act  are  hereby 
repealed. 

TITLE  318. 
MINING  CORPORATIONS. 
ACT  2234. 

Supplemental  to  act  for  formation  of  corporations.     [Stats.  1857,  p.  121.] 
This  act  related  to  corporations  formed  for  the  pui-pose  of  ditching,  mining,  or 
conveying  water  for  mining. 

ACT  2235. 

In    reference    to    corporations    organized  to   mine  outside   of  the   state. 
[Stats.   1861,  p.  41.] 
"Doubtless   repealed  by  §  288,    Civil,  Code,    except   as   to    pre-existing    corpora- 
tions."-^Code  Commissioners'  Note. 

ACT  2236. 

To  authorize  corporations  organized  in  this  state  for  the  purpose  of  min- 
ing   in    or   without    this   state,    to    establish    and    maintain   transfer 
agencies  in  other  states.     [Stats.  18C3-04,  p.  429.] 
Superseded  by  Civil  Code,  |§  586,  587. 


631  MISSING  PERSONS.  Acts  2237-2246 

ACT  2237. 

Authorizing     mining     corporations    to    change    their    place    of    business. 
[Stats.  1863-64,  p.  76.] 
Superseded  by  §  321a,  Civil  Code,  enacted  1875-76. 

ACT  2238, 

Authorizing  mining  companies  of  Aurora,  Nevada,  to  remove  their  place 

of  business  to  California.     [Stats.  1863-64,  p.  109.] 
ACT  2239. 

Mining    corporations,    protection    of    stockholders    in.     [Stats.    1873-74, 
p.  866.] 
Amended  1880,  p.  134;  1897,  p.  38. 
Codified  by  §§  588-590,  of  Civil  Code,  1905. 

It  provided  that  the  books  were  open  to  inspection,  for  the  posting  of  monthly 
accounts,  and  gave  a  right  to  inspect  the  grounds. 

"Portion  of  amendatory  act  of  1897  is  unconstitutional  (Johnston  v. Tautphaus, 
127  Cal.  605).  Remaining  portion  codified  in  Civil  Code,  §§  588,  589,  590,  as 
adopted  in  1905." — Code  Commissioners'  Note. 

ACT  2240. 

Further  protection  of  stockholders  in  mining  corporations.     [Stats.  1880, 
p.  131.] 
Amended  1897,  p.  96.     Repealed  1905,  p.   74. 
This  act  related  to  the  sale,  lease,  or  mortgage  of  mines. 

Citations.  Cal.  72/305;  74/299;  78/633;  80/311,  312,  557,  558;  81/363; 
106/551;  111/89,  91;  118/137;  127/284,  286,  287,  289,  684;  130/351;  135/ 
377,  378,  379;   144/514,  520;   146/225.      App.  8/283. 

"Unconstitutional  as  to  §  3  (Krause  v.  Durbrow,  127  Cal.  681),  See  Lacy 
▼.  Gunn,  144  Cal.  511." — Code  Commissioner's  Note, 

ACT  2241. 

Uonecrning  corporations,   supplementing   act   of   April   22,   1850.     [Stats. 
1871-72,  p.  443.] 
Amended   1875-76,  p.   730.      Unconstitutional:     Chollar  etc.   Co.  v.  Wilson,  C6 
Cal.  374. 

This   act  provided   for  the  removal   of  officers  of  mining   corporations. 

TITLE  319. 

MISSING  PERSONS, 
ACT  2246, 
An  act  authorizing  the  appointment  of  trustees  for  the  estates  of  missing 

persons,  and  defining  the  duties  of  such  trustees.     [Approved  March 

23,  1S93.     Stats.  1893,  p.  218.] 

Codified  by  §§  1822-1822b  of  Code  of  Civil  Procedure. 


Acts  2251-2271  GENERAL  LAWS.  632 

TITLE  320. 
MOBS. 
ACT  2251. 

To  provide  for  the  compensation  of  parties  whose  property  may  be  de- 
stroyed by  mobs  or  riots.     [Stats.  1867-68,  p.  418.] 
Superseded  by  Political  Code,  §§  4452-4457. 

This  act  provided  that  cities  or  counties   should  be  liable  for  injury  through 
mobs  or  riots. 

TITLE  321. 
MODESTO. 
ACT  2256. 

C.  F.  Leavenworth   and  his   assigns,   granting  right  to  supply  town   of 
Modesto  with  water.     [Stats.  1875-76,  p.  41.] 

TITLE  322. 
MODOC  COUNTY. 
ACT  2261. 

Creating.     [Stats.  1873-74,  p.  124.] 
Supplemeiited   1873-74,   p.   517.     Section  4  of   last-named  act  repealed  as  to 
Adin  township,  1877—78,  p.  111. 

ACT     2262. 

Semi-annual  payment  of  interest  and  principal  on  bonds  issued  to  Siski- 
you County.     [Stats.  1875-76,  p.  649.] 
ACT  2263. 

Lawful  and  partition  fences  in.     [Stats.  1873-74,  p.  362.] 
Amended  1875-76,  p.  71. 

ACT  2264. 

Fees  and  salaries  of  officers  of.     [Stats.  1877-78,  p.  140.] 
Amended  1877-78,  p,  454.      Repealed  by  County  Government  Act,  1897,  p.  566, 
§  208,  as  to  salaries;  and  as  to  fees  by  the  tee  bill  of  1895,  p.  267,  as  to  the  offi- 
cers therein  named. 

ACT  2265. 

Herding  of  sheep,  restriction  of.     [Stats.  1877-78,  p.  241.] 

ACT  2266. 

Treasurer  of  county,  bond  of.     [Stats.  1875-76,  p.  154.] 
Repealed  by  County  Government  Act,  1897,  p.  475,  §  66. 

TITLE  323. 

MOKELUMNE  HILL. 
ACT  2271. 

Name  changed  to  Lodi.     [Stats.  1873-74,  p.  690.] 


633  MOKELUMNE  RIVEK— MONO  COUNTY.  Acts  2272-2292 

ACT  2272. 

Defining  fire  limits  of,  and  providing  for  the  support  of  the  fire  depart- 
ment thereof.     [Stats.  1871-72,  p.  625.] 

TITLE  324. 
MOKELUMNE  EIVER. 
ACT  2277. 

To  declare  the  Mokelumne  Eiver  navigable.     [Stats.  1880.  p.  22.] 
Superseded  by   Political   Code,  §  2349. 

TITLE  325. 
MONEY. 
ACT  2282. 

In  relation   to   money  of   account  in   this   state.     [Stats.    1850,   p.   459.] 
Superseded    by    Political    Code,  §§  3272-3274. 

ACT  2283. 

To  regulate  the  coining  of  money  by  individuals.     [Stats.  1851,  p.  171.] 
Superseded  as  to  its  penal  provisions  by  §  6  of  the  Penal  Code,  and  probably 
entirely  superseded. 

ACT  2284. 

To   prohibit  any  person  or  persons,  association,  company  or  corporation 
from  exercising  the  privileges  of  banking  or  creating  paper  to  circu- 
late as  money.     [Stats.  1855,  p.  128.] 
Superseded  by  Penal   Code,  §  648. 

TITLE  326. 
MONO    COUNTY. 
ACT  2289. 

Assessor,  fixing  compensation  of.     [Stats.   1873-74,  p.  708.] 
Repealed  by  County  Government  Act,   1897,  p.  570,  §  213. 

ACT  2290, 

Official  bonds  in.     [Stats.  1873-74,  p.  180.] 
Repealed  by  County  Government  Act,  1897,  p.  475,  §  66. 

ACT  2291. 

To   provide  for  additional  judge  in.     [Stats.   1880,  p.  99.] 
Repealed  1883,  p.  62. 

ACT  2292. 

Public  roads  in,  improvement  of.     [Stats.  1877-78,  p.  438.] 
Repealed  1883,  p.  5,  c.  X,  S  2,  and  by  Political  Code,  §§  2642,  2652. 


Acts  2293-2309  GENERAL  LAWS.  634 

ACT  2293. 

Stallions  running  at  large,  act  to  prevent.  [Stats.  1873-74,  p.  228.] 
Codified  by  §  597g  of  Penal  Code, 

ACT  2294. 

Teachers  in,  employment  of.     [Stats.   1873-74,  p.  509.] 
Probably   repealed  in  Political   Code,  §  1696,   as  amended   1893,   p,  255. 

TITLE  327. 

MONTEEEY  CITY. 

ACT  2298. 

An  act  to  provide  for  tTie  acquisition  of  the  old  mission  at  Sonoma,  of 
Fort  Eoss  property,  of  the  landing-place  at  Monterey  of  Junipero 
Serra,  and  the  old  theater  property  of  Monterey,  and  providing  for 
the  preservation,  maintenance,  protection  and  improvement  of  said 
properties.     [Approved  February  21,  1905.     Stats.  1905,  p.   17.] 

ACT  2299. 

To  incorporate  the  city  of  Monterey.  [Stats.  1853,  p.  159.] 
Amended  1857,  p.  55;  1862,  p.  274;  1865,  p.  834.  Repealed  1889,  227. 
Citations.     CaL  139/545,   546,   547,   557,   558. 

ACT  2300. 

To  grant  to  the  city  of  Monterey  the  title  to  the  water  front  of  said 
city  in  the  bay  of  Monterey.     [Stats.  1867-68,  p.  202.] 
Amemded  1903,  p.  290. 

TITLE  328. 
MONTEREY  COUNTY. 
ACT  2306. 

Courthouse  and  jail,  erection  of.  [Stats.  1877-78,  p.  28.] 
Amended  1877-78,  p.  1034. 

ACT  2307. 

Transfer  of  money  from  one  fund  to  another.     [Stats.  1875-76,  p.  595.] 

Superseded  by  subd.  18,  §  25,  County  Government  Act,  1897,  p.  463. 

This  act  authorized  the  transfer  of  money  from  the   swamp  land  fund  to  the 
general  fund. 

ACT  2308. 

Concerning  roads  and  highways  in.  [Stats.  1877-78,  p.  998.] 
Repealed  1883,  p.  5,  c.  X,  §  2,  and  by  the  County  Government  Acts. 

ACT  2309. 

Eepealing  the  act  of  1868  relating  to  roads  in  Monterey  and  malting  the 
provisions  of   the   codes,   respecting  roads  and  highways  applicable. 
[Stats.  1873-74,  p.  307.] 
Repealed  Stats.  1883,  p.   5,   c.  X,    §  2. 


635  MONTEREY  CUSTOM-HOUSE— MOUO   COJO   SLOUGH.     Acts  2310-2325 

ACT  2310. 

Authorizing    the    appointment    of   two    additional    notaries    in    Monterey 
County.      [Stats.  1871-72,  p.  792.] 
Repealed  by  Political  Code,  §  791. 

ACT  2311. 

In  relation  to  officers  of,  their  fees  and  salaries.     [Stats.  1877-78,  p.  863.] 

"Repealed,  except  as  to   county  surveyor,   hy  fee  bill  of  1895,   p.   267,   and   the 

County    Government    Act,    1897,    p.    526,  §  175.      The    provisions    relating    to    the 

salary  of  recorder  never  went  into  effect.      See   Speegle  v.  Joy,   60  Cal.  278." — 

Code  Commissioners'  Note. 

ACT  2312. 

To  legalize  and  make  valid  copies  of  certain  records  of.     [Stats.  1877-78, 

p.  736.] 
ACT  2313. 

Fees  of  sheriffs  of.     [Stats.  1871-72,  p.  419.] 
Repealed  by  County  Govemment  Act,   1897,  p.  526,  §  175. 

ACT  2314. 

Fixing  salary  of  superintendent  of  common  schools  of.     [Stats.  1871-72, 
p.  316.] 
Repealed  by  County  Government  Act,  1897,  p.  526,   §  175. 

ACT  2315. 

Supervisorial  districts,  reorganizing.     [Stats.  1873-74,  p.  203.] 
Amended    1873-74,    p.    432.      Superseded    by    County    Government    Act,    1897, 
p.  452. 

ACT  2316. 

Supervisors,  terms  of.     [Stats.  1875-76,  p.  124.] 
Amended  1877-78,  p.  326.     Repealed  by  County  Government  Act,  1897,  p.  452. 

TITLE  329. 
MONTEREY  CUSTOM-HOUSE. 
ACT  2320. 

To  provide  for  the  appointment  of  a  board  of  Monterey  customhouse 
trustees  and  for  the  acquisition  of  the  control  of  the  Monterey 
custom-house  property,  and  providing  for  an  appropriation  for  the 
preservation,  protection,  and  improvement  of  said  property.  [Ap- 
proved March  16,  1901.     Stats.  1901,  p.  516.] 

TITIiE  330. 
MOEO  COJO  SLOUGH. 
ACT  2325. 

Declared  navigable.     [Stats.   1873-74,  p.  790.] 
"Repealed  by  Political  Code,  §  2349,   as  amended  1891.     Renewed  by  Political 
Code,  §  2349,  as  amended  in  1907." — Code  Commissioners'  Note. 


Acts  2330,  2331  GENERAL  LAWS.  636 

TITLE  331. 

MORTGAGES. 
ACT  2330. 

To  abolish  attorney's  fees  and  other  charges  in  foreclosure.     [Stats.  1873- 
74,  p.  707.] 
This  act    can     be    found    in    Appendix,     Code     of    Civil     Procedure,     p.     1968. 
It  provided  that  the  court  should  fix  the  attorney's  fees,  luotwithstanding  a  Btipu- 
lation  in  the  mortgage  for  the  amount  of  the  fee. 

TITLE  332. 
MOTORCYCLES. 
ACT  2331. 

An  act  to  regulate  the  operation  of  motor  vehicles  on  public  highways, 
and  making  an  appropriation  for  the  purpose  of  carrying  out  the 
objects  of  this  act. 

[Approved  March  22,  1905.     Stats.  1905,  p.  816.] 
Amended  1907,  p.  914. 
See  Political  Code,  §§  2787,  2789,  2802. 

§  1.  Subdivision  1.  The  words  and  phrases  used  in  this  act  shall,  for 
the  purposes  of  this  act,  unless  the  same  be  contrary  to  or  inconsistent 
with  the  context,  be  construed  as  follows:  (1)  "motor  vehicle"  shall  in- 
clude all  vehicles  propelled  by  any  power  other  than  muscular  power, 
provided  that  nothing  herein  contained  shall,  except  the  provisions  of 
subdivisions  3,  4  and  5  of  section  3  and  subdivision  1  of  section  4  of 
this  act,  apply  to  motorcycles,  motor  bicycles,  traction  engines  or  road 
rollers;  (2)  "public  highways"  shall  include  any  highway,  county  road, 
state  road,  public  street,  avenue,  alley,  park,  parkway,  driveway  or 
public  place  in  any  county,  or  incorporated  city  and  county,  city  or 
town;  (3)  "closely  built  up"  shall  mean  (a)  the  territory  of  any  county 
or  incorporated  city  and  county,  city  or  town  contiguous  to  a  public 
highway  which  is  at  that  point  built  up  with  structures  devoted  to  busi- 
ness, (b)  the  territory  of  any  county  or  incorporated  city  and  county, 
city  or  town  contiguous  to  a  public  highway  not  devoted  to  business, 
where  for  not  less  than  one  quarter  of  a  mile  the  dwelling-houses  on  such 
highway  average  less  than  one  hundred  feet  apart,  provide]  that  the 
local  authorities  having  charge  of  such  highway  shall  have  placed  con- 
spicuously thereon  at  both  ends  of  such  closely  built  up  section  signs  of 
sufficient  size  to  be  easily  readable  by  a  person  using  the  highway,  bear- 
ing the  words  "Slow  down  to  miles,"  inserting  in  the  blank  space 

the  number  of  miles  to  which  the  speed  is  to  be  reduced,  and  also  an 
arrow  pointing  in  the  direction  where  the  speed  is  to  be  reduced;  (4) 
"local  authorities"  shall  include  all  boards  of  supervisors,  trustees  or 
councils,  committees  and  other  public  officials  of  counties,  or  incor- 
porated cities  and  counties,  cities  or  towns;  (5)  "chauffeur"  shall  mean 
any  person  operating  a  motor  vehicle  as  mechanic,  employee  or  for  hire. 

§2.  Subdivision  1.  Every  owner  of  a  motor  vehicle  shall,  for  every 
such  vehicle  owned  by  him,  file  in  the  office  of  the  secretary  of  state 


637  MOTORCYCLES.  Act  2331,  §  2 

a  statement  of  his  name  and  address,  with  a  brief  description  of  the 
vehicle  to  be  registered  including  the  name  of  the  maker,  factory 
number,  style  of  vehicle  and  motor  power  on  a  blank  to  be  prepared 
and  furnished  by  such  secretary  of  state  for  that  purpose.  The  filing  fee 
shall  be  two  dollars. 

Subdivision  2.  The  secretary  of  state  shall  thereupon  file  such  state- 
ment in  his  office,  register  such  motor  vehicle  in  a  book  or  index  kept 
for  the  purpose,  and  assign  it  a  distinctive  number. 

Subdivision  3.  The  secretary  of  state  shall  forthwith  on  sueh  regis- 
tration, and  without  other  fee,  issue  and  deliver  to  the  owner  of  such 
motor  vehicle  a  seal  of  aluminum  or  other  suitable  metal,  which  shall  be 
circular  in  form  approximately  two  inches  in  diameter,  and  have  stamped 
thereon  the  words  "Eegistered  motor  vehicle,  No.  ,  State  of  Cali- 
fornia," with  the  registration  number  inserted  therein;  which  seal  shall 
thereafter  at  all  times  be  conspicuously  displayed  on  the  motor  vehicle, 
to   which   such   number  has  been   assigned. 

Subdivision  4.  If  the  vehicle  has  been  previously  registered,  the  cer- 
tificate issued  thereon  shall  be  returned  to  the  secretary  of  state  and" 
in  lieu  thereof  such  secretary  shall  issue  to  said  owner  a  registration 
seal  containing  the  number  of  such  previous  registration  upon  payment 
of  a  fee  of  one  dollar.  Upon  the  sale  of  a  motor  vehicle,  the  vendor, 
except  a  manufacturer  or  dealer,  shall  within  ten  days,  return  to  the 
secretary  of  state  the  registration  seal  affixed  to  such  vehicle. 

Subdivision  5.  Every  motor  vehicle  shall  also  at  all  times  have  the 
number  assigned  to  it  displayed  on  the  back  of  such  vehicle  in  such  a 
manner  as  to  be  plainly  visible,  the  numbers  to  be  in  arable  numerals, 
black  on  white  background,  each  not  less  than  three  inches  in  height, 
and  each  stroke  to  be  of  a  width  not  less  than  half  an  inch,  and  also 
as  a  part  of  such  number  of  the  abbreviated  name  of  the  state  in  black 
on  white  ground,  such  letters  to  be  not  less  than  one  inch  in  height. 

Subdivision  6.  A  manufacturer  of  or  dealer  in  motor  vehicles  shall 
register  one  vehicle  of  each  style  or  type  manufactured  or  dealt  in  by 
him,  and  be  entitled  to  as  many  duplicate  registration  seals  for  each 
type  or  style  so  manufactured  or  dealt  in  as  he  may  desire  on  payment 
of  an  additional  fee  of  fifty  cents  for  each  duplicate  seal.  If  a  regis- 
tration seal  and  the  corresponding  number  shall  thereafter  be  affixed  to 
and  displayed  on  every  vehicle  of  such  type  or  style  as  in  this  section 
provided,  while  such  vehicle  is  being  operated  on  the  public  highways, 
it  shall  be  deemed  a  sufficient  compliance  with  subdivisions  1,  3,  5  and  8 
of  this  section,  until  such  vehicle  shall  be  sold  or  let  for  hire.  Nothing 
in  this  subdivision  shall  be  construed  to  apply  to  a  motor  vehicle  em- 
ployed by  a  manufacturer  or  dealer  for  private  use  or  for  hire. 

Subdivision  7.  No  motor  vehicle  shall  be  used  or  operated  upon  the 
public  highways  after  this  act  takes  effect  which  shall  display  thereon 
a  registration  seal  or  number  belonging  to  any  other  vehicle,  or  a  fic- 
titious registration   seal   or  number. 

Subdivision  8.  No  motor  vehicle  shall  be  used,  or  operated  on  the 
public  highways  after  this  act  takes  effect,  unless  the  owner  shall  have 
complied  in  all  respects  with  this  section,  except  that  any  person  pur- 


Act  2331,  §  3  GENERAL  LAWS.  638 

chasing  a  motor  vehicle  from  the  manufacturer,  dealer  or  other  person 
after  this  act  goes  into  effect  shall  be  allowed  to  operate  such  motor 
vehicle  upon  the  public  highways  for  a  period  of  five  days  after  the 
purchase  and  delivery  thereof,  provided  that  during  such  period  such 
motor  vehicle  shall  bear  the  registration  number  and  seal  of  the  previous 
owner  under  which  it  was  operated  or  might  have  been  operated  by  him. 
Subdivision  9.  The  provisions  of  this  section  shall  not  apply  to  motor 
vehicles  owned  by  non-residents  of  this  state  and  only  temporarily  within 
this  state,  provided  the  owners  thereof  have  complied  with  any  Is.^ 
requiring  the  registration  of  owners  of  motor  vehicles  in  force  in  the 
state,  territory  or  federal  district  of  their  residence,  and  the  registration 
number  showing  the  initial  of  such  state,  territory  or  federal  district 
shall  be  displayed  on  such  vehicle  substantially  as  in  this  section  pro- 
vided. [Amendment  approved  March  23,  1907.  Stats.  1907,  p.  914.  In 
effect  immediately.] 

§  3.  Subdivision  1.  No  person  shall  operate  a  motor  vehicle  on  a 
public  highway  at  a  rate  of  speed  greater  tlian  is  reasonable  and  proper, 
having  regard  to  the  traffic  and  use  of  the  highway,  or  so  as  to  endanger 
the  life  or  limb  of  any  person,  or  the  safety  of  any  property;  or  in  any 
event  on  any  public  jjighway  where  the  territory  contiguous  thereto  is 
closely  built  up,  at  a  greater  rate  than  one  mile  in  six  minutes,  or  else- 
where in  any  incorporated  city  and  county,  city  or  town  at  a  greater 
rate  than  one  mile  in  four  minutes,  or  elsewhere  outside  of  any  incor- 
porated city  and  county,  city  or  town,  at  a  greater  rate  than  one  mile  in 
three  minutes;  subject,  however,  to  the  other  provisions  of  this  act. 

Subdivision  2.  Upon  approaching  a  bridge,  dam,  sharp  curve,  or 
steep  descent,  and  also  in  traversing  such  bridge,  dam,  curve  or 
descent,  a  person  operating  a  motor  vehicle  shall  have  it  under  control 
and  operate  it  at  a  rate  of  speed  not  exceeding  one  mile  in  fifteen  min- 
utes, and  upon  approaching  a  crossing  of  intersecting  highways  at  a 
speed  not  greater  than  is  reasonable  and  proper,  having  regard  to  the 
traffic  then  on  such  highway  and  the  safety  of  the  public. 

Subdivision  3.  Upon  approaching  a  person  walking  in  the  roadway 
of  a  public  highway,  or  a  horse  or  horses,  or  other  livestock,  being  ridden, 
led  or  driven  thereon,  a  person  operating  a  motor  vehicle  shall  give 
reasonable  warning  of  its  approach,  and  use  every  reasonable  precaution 
to  insure  the  safety  of  such  person  or  animal,  and,  in  the  case  of  horses 
or  other  livestock,  to  prevent  frightening  the  same. 

Subdivision  4.  A  person  operating  a  motor  vehicle  shall,  at  request  or 
on  signal  by  putting  up  the  hand,  from  a  person  riding,  leading  or  driv- 
ing a  restive  horse  or  horses,  or  other  livestock,  bring  such  motor  vehicle 
immediately  to  a  stop,  and,  if  traveling  in  the  opposite  direction,  remain 
stationary  so  long  as  may  be  reasonable  to  allow  such  horse  or  animal  to 
pass,  and,  if  traveling  in  the  same  direction,  use  reasonable  caution  in 
thereafter  passing  such  horse  or  animal;  provided,  that  in  case  such 
horse  or  animal  appears  badly  frightened  or  the  person  operating  such 
motor  vehicle  is  requested  to  do  so,  such  person  shall  cause  the  motor 
of  such  vehicle  to  cease  running  so  long  as  shall  be  reasonably  necessary 
to  prevent  accident  and  insure  safety  to   others. 


639  MOTORCYCLES.  Act  2331,  S  4 

Subdivision  5.  In  case  of  accident  or  injury  to  a  person  or  property 
on  the  public  highways,  due  to  the  operation  thereon  of  a  motor  vehicle, 
the  person  operating  such  vehicle  shall  stop,  and,  upon  request  of  a 
person  injured,  or  any  person  present,  give  such  person  his  name  and 
address,  and,  if  not  the  owner,  the  name  and  address  of  such  owner. 

Subdivision  6.  Local  authorities  may,  notwithstanding  the  other  pro- 
visions of  this  section,  set  aside  for  a  given  time  a  specified  public  high- 
w^ay  for  speed  tests  or  races,  to  be  conducted  under  proper  restrictions 
for  the  safety  of  the  public.  [Amendment  approved  March  23,  1907. 
Stats.  1907,  p.  915.     In  effect  immediately.] 

§4.  Subdivision  1.  Whenever  a  person  operating  a  motor  vehicle 
shall  meet  on  a  public  highway  any  other  person  riding  or  driving  a 
horse  or  horses  or  other  livestock,  or  any  other  vehicles,  the  person  so 
operating  such  motor  vehicle  shall  reasonably  turn  the  same  to  the  right 
of  the  center  of  such  highway  so  as  to  pass  without  interference.  Any 
such  person  so  operating  a  motor  vehicle,  shall,  on  overtaking  any  such 
horse,  livestock  or  other  vehicle,  pass  on  the  left  side  thereof,  and  the 
rider  or  driver  of  such  horse,  livestock  or  other  vehicle  shall,  as  soon 
as  practicable,  turn  to  the  right  so  as  to  allow  free  passage  on  the  left. 
Any  such  person  so  operating  a  motor  vehicle  shall  at  the  intersection 
of  public  highways,  keep  to  the  right  of  the  intersection  of  the  centers 
of  such  highways  when  turning  to  the  right  and  pass  to  the  right  of 
such  intersection  when  turning  to  the  left.  Nothing  in  this  subdivision 
shall,  however,  be  construed  as  limiting  the  meaning  or  effect  of  the 
provisions  of  section  three  of  this  act. 

Subdivision  2.  Every  motor  vehicle,  while  in  use  on  a  public  highway 
shall  be  provided  with  good  and  efficient  brakes,  and  also  with  suitable 
bell,  horn  or  other  signal,  and  be  so  constructed  as  to  exhibit,  during 
the  period  from  one  hour  after  sunset  to  one  hour  before  sunrise,  two 
lamps  showing  white  lights  visible  within  a  reasonable  distance  in  the 
direction  towards  which  such  vehicle  is  proceeding,  showing  the  regis- 
tered number  of  the  vehicle  in  separate  arable  numerals,  not  less  than 
one  inch  in  height  and  each  stroke  to  be  not  less  than  one  quarter  of  an 
inch  in  width,  and  also  a  red  light  visible  in  the  reverse  direction. 

Subdivision  3.  Subject  to  the  provisions  of  this  act,  local  authorities 
shall  have  no  power  to  pass,  enforce  or  maintain  any  ordinance,  rule  or 
regulation  requiring  of  any  owner  or  operator  of  a  motor  vehicle  any 
license  or  permit  to  use  the  public  highways,  or  excluding  or  prohibiting 
any  motor  vehicle  whose  owner  has  complied  with  section  2  of  this  act 
from  the  free  use  of  such  highways,  except  such  driveway,  speedway  or 
road  as  has  been  or  may  be  expressly  set  apart  by  law  for  the  exclusive 
use  of  horses  and  light  carriages,  or  except  as  herein  provided,  in  any  way 
affcctiug  the  registration  or  numbering  of  motor  vehicles  or  prescribing  a 
slower  rate  of  speed  than  herein  specified  at  which  such  vehicles  may  be 
operated,  or  the  use  of  the  public  highways,  contrary  or  inconsistent 
with  the  provisions  of  this  act;  and  all  such  ordinances,  rules  or  regula- 
tions now  in  force  are  hereby  declared  to  be  of  no  validity  or  effect; 
provided,  however,  that  the  local  authorities  of  incorporated  cities  and 


Act  2331,  §  5  GENERAL  LAWS.  640 

counties,  cities  and  towns  may  limit  by  ordinance,  rule  or  re^ilation 
hereafter  adopted  the  speed  of  motor  vehicles  on  the  public  highways, 
on  condition  that  such  ordinance,  rule  or  regulation  shall  also  fix  the 
same  speed  limitation  for  all  other  vehicles,  such  speed  limitation  not  to 
be  in  any  case  less  than  one  mile  in  six  minutes  and  on  further  condition 
that  such  incol-porated  city  and  county,  city  or  town  shall  also  have 
placed  conspicuously  on  each  main  public  highway  where  the  boundary 
of  such  municipality  crosses  the  same  and  on  every  main  highway  where 
the  rate  of  speed  changes,  signs  of  sufficient  size  to  be  easily  readable 

by  persons  using  the  highway,  bearing  the  words  "Slow  down  to  

miles"  (the  rate  being  inserted)  and  also  an  arrow  pointing  in  the  direc- 
tion where  the  speed  is  to  be  reduced  or  changed,  and  also  on  further 
condition  that  such  ordinance,  rule  or  regulation  shall  fix  the  penalties 
for  violation  thereof  similar  to  and  no  greater  than  those  fixed  by  such 
local  authorities  for  violation  of  speed  limitation  by  any  other  vehicles 
than  motor  vehicles,  which  penalties  shall  during  the  existence  of  the 
ordinance,  rule  or  regulation  supersede  those  specified  in  section  6  of 
this  act,  and  provided  further  that  nothing  in  this  act  contained  shall 
be  construed  as  limiting  the  power  of  local  authorities  to  make,  enforce 
and  maintain  further  ordinances,  rules  or  regulations  affecting  motor 
vehicles  which  are  offered  to  the  public  for  hire. 

Subdivision  4.  Local  authorities  may,  notwithstanding  the  provisions 
of  this  act,  make,  enforce  and  maintain  such  reasonable  ordinances,  rules 
or  regulations  concerning  the  speed  at  which  motor  vehicles  may  be 
operated  in  any  public  park  or  parkways,  but  in  that  event,  must  be 
signs  at  each  entrance  of  such  park  and  along  such  parkway,  conspicu- 
ously indicate  the  rate  of  speed  permitted  or  required,  and  may  exclude 
motor  vehicles  from  any  cemetery  or  grounds  used  for  lourial  of  the  dead. 

Subdivision  5.  Nothing  in  this  act  shall  be  construed  to  curtail  or 
abridge  the  right  of  any  person  to  prosecute  a  civil  suit  for  damages  by 
reason  of  injuries  to  person  or  property  resulting  from  the  negligent 
use  of  the  highways  by  a  motor  vehicle  or  its  owner  or  his  employee  or 
agent.  [Amendment  approved  March  23,  1907.  Stats.  1907,  p.  914.  In 
effect  immediately.] 

§  5.  Subdivision  1.  Every  person  hereafter  desiring  to  operate  a 
motor  vehicle  as  a  chauffeur  shall  file  in  the  office  of  the  secretary  of 
state,  on  a  blank  to  be  supplied  by  such  secretary,  a  statement  which 
shall  include  his  name  and  address  and  the  trade  name  and  motive  power 
of  the  motor  vehicle  or  vehicles  he  is  able  to  operate,  and  shall  pay  a 
registration  fee  of  two   dollars. 

Subdivision  2.  The  secretary  of  state  shall  thereupon  file  such  state- 
ment in  his  office,  register  such  chauffeur  in  a  book  or  index  to  be  kept 
for  that  purpose,  and  assign  him  a  number. 

Subdivision  3.  The  secretary  of  state  shall  forthwith,  upon  such 
registration  and  without  other  fee,  insure  and  deliver  to  such  chauffeur  a 
badge  of  aluminum  or  other  suitable  metal  which  shall  be  oval  in  form, 
and  the  greater  diameter  of  which  shall  not  be  more  than  two  inches, 
and  such  badge  shall  have  stamped  thereon  the  words:  "Registered  chauf- 
feur   No.  ,   State  of   California,"   with   the   registration   number   in- 


641  MOTORCYCLES.  Act  2331,  §§  6-10 

serted  therein;  which  badge  shall  thereafter  be  worn  by  such  chauffeur 
pinned  upon  his  clothing  in  a  conspicuous  place  at  all  times  while  he  is 
operating  a  motor  vehicle  upon  the  public  highways. 

Subdivision  4.  No  chauffeur,  having  registered  as  herein  provided, 
shall  voluntarily  permit  any  other  person  to  wear  his  badge,  nor  shall 
any  person  while  operating  a  motor  vehicle  wear  any  badge  belonging 
to  another  person,  or  a  fictitious  badge. 

Subdivision  5.  No  person  shall  operate  a  motor  vehicle  as  a  chauffeur 
upon  the  public  highways  after  thirty  days  after  this  act  takes  effect, 
unless  such  person  shall  have  complied  in  all  respects  with  the  require- 
ments of  this  section. 

§  6.  Any  person  violating  any  of  the  provisions  of  this  act  shall  be 
deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall  be 
punishable  by  a  fine  not  exceeding  one  hundred  dollars  or  by  im- 
prisonment not  exceeding  thirty  days,  or  both,  for  the  first  offense; 
and  punishable  by  a  fine  of  not  less  than  fifty  dollars  nor  more 
than  one  hundred  dollars,  or  imprisonment  not  exceeding  thirty  days, 
or  both,  for  a  second  offense;  and  punishable  by  a  fine  of  not  less  than 
one  hundred  dollars  nor  more  than  two  hundred  and  fifty  dollars  or  im- 
prisonment not  exceeding  thirty  days,  or  both,  for  a  third  or  subsequent 
offense.  [Amendment  approved  March  23,  1907.  Stats.  1907,  p.  918.  In 
effect  immediately.] 

§  7.  The  amount  of  fees  received  by  the  secretary  of  state,  as  in  this 
act  provided,  shall  be  paid  into  the  state  treasury,  to  be  paid  into  the 
general  fund  of  the  state. 

§  8.  There  is  hereby  appropriated  out  of  any  money  in  the  state  treas- 
ury not  otherwise  appropriated,  the  sum  of  twenty  thousand  dollars 
($20,000),  for  the  purpose  of  carrying  out  the  objects  of  this  act,  to 
be  used  by  the  secretary  of  state  in  the  employment  of  the  necessary 
clerk  or  clerks;  the  purchase  of  the  necessary  stationery,  books,  and 
postage;  for  the  necessary  incidental  expenses;  for  the  purchase  of  the 
necessary  seals  and  badges;  for  printing,  ruling,  binding,  and  all  other 
work  performed  and  materials  used  by  the  state  printing  office,  to  be  used 
during  the  balance  of  the  fifty-sixth,  and  during  the  fifty-seventh  and 
fifty-eighth  fiscal  years.  The  state  controller  is  hereby  directed  to  draw 
his  warrant  for  any  claim  against  said  sum,  the  same  having  been 
approved  by  the  state  board  of  examiners,  and  the  state  treasurer  is 
hereby  directed  to  pay  the  same. 

§  8a.  For  the  purpose  of  carrying  out  the  purposes  of  this  act,  and 
the  act  of  which  this  act  is  amendatory,  the  secretary  of  state  may 
appoint  a  chief  clerk  and  cashier  of  the  motor  vehicle  department,  in 
the  office  of  the  secretary  of  state,  and  one  other  clerk.  [New  section 
approved  March  23,  1907.     Stats.  1907,  p.  918.     In  effect  immediately.] 

§  9.  All  acts  and  parts  of  acts  inconsistent  herewith  or  contrary 
hereto  are,  so  far  as  they  are  inconsistent  or  contrary,  hereby  repealed, 

§  10.     This  action  shall  take  effect  immediately. 
Gen.  Laws — 41 


Acts  2332,  2333  GENERAL  LAWS,  642 

TITLE  333. 

MUNICIPAL   COEPOEATIONS. 
ACT  2332. 

An  act  to  validate  the  organization  and  incorporation  of  municipal  cor- 
porations. 
[Approved  March  20,  1905.     Stats.  1905,  p.  400.] 

§  1.  All  municipal  corporations,  the  organization  and  incorporation  of 
which  have  been  authenticated  by  an  order  of  a  board  of  supervisors  in 
this  state,  declaring  the  same  incorporated  as  municipal  corporations  of 
the  classes  to  which  such  corporations  may  respectively  belong,  and  a 
certified  copy  of  which  order  has  been  filed  by  such  board  of  supervisors 
in  the  office  of  the  secretary  of  state,  showing  such  copy  of  said  order  to 
have  been  filed  in  said  office,  and  which  corporations  thereafter  have  acted 
in  the  form  and  manner  of  municipal  corporations  under  the  provisions  of 
"An  act  to  provide  for  the  organization,  incorporation,  and  government 
of  municipal  corporations,"  approved  March  thirteenth,  eighteen  hundred 
and  eighty-three,  and  the  amendments  thereto,  are  hereby  declared  to  be 
and  to  have  been  municipal  corporations  from  the  date  of  filing  the  certi- 
fied copy  of  said  order  of  the  board  of  supervisors  with  the  secretary  of 
state;  and  all  the  acts  of  the  said  municipal  corporations  heretofore  per- 
formed according  to  the  act  aforesaid,  are  hereby  validated,  and  declared 
as  legal. 

See  Acts  2354,  2355,  post. 

ACT  2333. 

An  act  to  provide  for  the  lighting  of  public  streets,  lanes,  alleys,  courts 
and   places   in   municipalities,   and   for   the   assessment   of   the   costs 
and  expenses  thereof  upon  the  property  benefited  thereby. 
[Approved  March  21,  1905.     Stats.  1905,  p.  564.] 

§  1.  "Whenever  the  public  interest  or  convenience  may  require,  the 
city  council  of  any  municipality  in  the  state  shall  have  full  power  and 
authority  to  order  poles,  posts,  wires,  pipes,  conduits  and  lamps,  or  any  ■ 
of  said  appliances,  or  any  other  suitable  or  necessary  appliances,  to  be 
installed  in  and  along  the  whole  or  any  part  of  any  public  street,  lane, 
alley,  court  or  place  in  such  municipality,  for  the  purpose  of  lighting  the 
same;  also  to  order  appliances  in  and  along  the  same,  installed  under  this 
act,  or  otherwise  installed  and  owned  or  controlled  by  such  municipality, 
to  be  maintained;  and  also  to  order  gas,  electric  current,  or  other 
illuminating  agent,  to  be  furnished  for  such  lighting:  in  the  manner  and 
under  the  proceedings   hereinafter   described. 

§2.  Before  ordering  any  improvement  to  be  made,  wliich  is  authorized 
by  section  1  of  this  act,  the  city  council  shall  adopt  a  resolution 
declaring  its  intention  to  do  so,  briefly  describing  the  proposed  improve- 
ment, which  may  include  the  whole  or  any  part  of  one  or  more  streets, 
lanes,  alleys,  courts  or  places,  and  specifying  the  exterior  boundaries  of 
the  district  to  be  benefited  by  said  improvement  and  to  be  assessed  to 


643  MUNICIPAL  CORPORATIONS.  Act  2333,  §§  3,  4 

pay  the  cost  and  expenses  thereof,  and  to  be  known  as  the  assessment 
district.  Said  proposed  improvement  may  include  any  or  all  of  the  differ- 
ent kinds  of  work  mentioned  in  section  1  of  this  act;  provided,  how- 
ever, that  the  maintenance  of  appliances  or  the  furnishing  of  gas,  electric 
current  or  other  illuminating  agent,  shall  be  for  a  period  stated  in  the 
resolution  of  intention,  but  not  exceeding  two  years.  The  city  council 
shall  also,  in  the  same  resolution,  refer  the  proposed  improvement  to 
the  city  engineer,  if  there  be  one,  and  if  not,  to  some  competent  person 
employed  by  the  municipality  for  the  purpose  and  named  in  said  resolu- 
tion, and  direct  him  to  make  and  file  with  the  clerk  of  the  city  council 
a  report  in  writing  presenting  the  following: 

1.  Plans  and  specifications  for  the  work  required  in  order  to  make 
said   improvements; 

2.  tAn  estimate  of  the  cost  of  said  improvement  and  of  the  incidental 
expenses  in  connection  therewith; 

3.  A  diagram  showing  the  district  above  referred  to,  and  also  the 
boundaries  and  dimensions  of  the  respective  subdivisions  of  the  land 
within  said  district,  each  of  which  subdivisions  shall  be  given  a  separate 
number  in  red  ink  upon  said  diagram. 

4.  A  proposed  assessment  of  the  total  amount  of  the  costs  and'  expenses 
of  the  proposed  improvement  upon  the  several  subdivisions  of  land  in 
said  district  in  proportion  to  the  estimated  benefits  to  be  received  by 
such  subdivisions,  respectively,  from  said  improvement.  Said  assess- 
ment shall  refer  to  such  subdivisions  upon  said  diagram  by  the  respective 
red  ink  numbers  thereof,  and  shall  show  the  names  of  the  owners,  if 
known,  otherwise  designating  them  as  unknown.  No  mistake  in  the 
name  of  the  owner  of  any  parcel  of  land  shall  affect  the  validity  of  the 
assessment  thereon. 

In  any  municipality  having  a  board  of  public  works  created  by  its 
charter,  or  by  law,  the  proposed  improvement  shall  be  referred  to  said 
board,  and  the  report  provided  for  herein  shall  be  made  by  said  board. 

§3.  Upon  the  filing  of  the  report  provided  for  in  section  2  of  this 
act,  the  said  clerk  shall  present  the  same  to  the  city  council  for  con- 
sideration, and  said  council  maj^  modify  the  same  in  any  respect,  and. 
in  case  of  any  such  modification,  the  report  as  modified  shall  stand  as 
the  report  for  the  purpose  ^t  all  subsequent  proceedings.  Thereafter  the 
council,  by  resolution,  shall  appoint  a  time  and  place  for  hearing  protests 
in  relation  to  the  proposed  improvement,  which  time  shall  not  be  less 
than  twenty  days  from  the  date  of  the  passage  of  said  resolution,  and 
shall  direct  the  clerk  of  the  city  council  to  give  notice  of  said  hearing, 
and  shall  designate  the  newspaper  in  which  such  notice  shall  be  pub- 
lished. 

§4.  After  the  passage  of  the  resolution  mentioned  in  section  3  of 
this  act,  the  clerk  of  said  city  council  shall  cause  to  be  conspicuously 
posted  along  all  streets  and  parts  of  streets  within  the  assessment  dis- 
trict described  in  the  resolution  of  intention,  at  not  more  than  three 
hundred  feet  in  distance  apart,  notices  (noteless  than  three  in  all),  of 


Act  2333,  §  5  GENERAL  LAWS.  644 

the  passage  of  said  resolution  of  intention  and  of  the  filing  of  said 
report.  Said  notices  shall  be  headed  "Notice  of  Local  Improvement," 
in  letters  not  less  than  one  inch  in  length,  shall  be  in  legible  characters, 
and  shall  state  the  fact  and  date  of  the  passage  of  said  resolution  of 
intention  and  of  the  filing  of  said  report,  and  the  date  set  for  the  hear- 
ing of  said  protests,  and  briefly  describe  the  improvement  proposed,  and 
refer  to  said  resolution  and  report  further  particulars.  He  shall  also 
cause  a  notice  similar  in  substance  to  be  published  for  a  period  of  two 
days  in  a  daily  newspaper,  published  and  circulated  in  said  municipality, 
and  designated  by  said  city  council  for  that  purpose,  or  if  there  is  no 
daily  newspaper  in  said  municipality,  then  by  two  successive  insertions 
in  a  weekly  paper,  so  published,  circulated  and  designated.  Said  notices 
must  be  posted  and  published,  as  above  provided,  at  least  ten  days  before 
the  date  set  for  the  hearing  of  said  protests. 

§5.  Any  person  interested,  objecting  to  said  improvement,  or  to  the 
extent  of  the  assessment  district,  or  to  the  proposed  assessment  provided 
for  in  section  2  of  this  act,  may  file  a  written  protest  with  the  clerk 
of  the  city  council  at  or  before  the  time  set  for  the  hearing  referred 
to  in  section  3  hereof.  The  clerk  shall  indorse  on  every  such  protest 
the  date  of  its  reception  by  him,  and  at  the  time  appointed  for  the  hear- 
ing above  provided  for,  shall  present  to  said  city  council  all  protests  so 
filed  with  him.  If  such  protests  are  against  said  improvement  and  said 
city  council  finds  that  the  same  are  signed  by  the  owners  of  a  majority 
of  the  frontage  of  the  property  fronting  on  streets  or  parts  of  streets 
within  said  assessment  district,  all  further  proceedings  under  said  resolu- 
tion of  intention  shall  be  barred  and  no  new  resolution  of  intention  for 
the  same  improvement  shall  be  passed  within  six  months  after  the 
presentation  of  such  protests  to  the  city  council,  unless  the  owners  of  a 
majority  of  the  frontage  of  the  property  fronting  on  streets  or  parts  of 
streets  within  said  assessment  district  shall  in  the  meantime  petition 
therefor.  If  such  protests  are  against  the  improvement  and  the  council 
finds  that  they  are  not  signed  by  the  owners  of  a  majority  of  the  frontage 
of  the  property  fronting  on  streets  or  parts  of  streets  within  the  assess- 
ment district,  or  if  such  protests  are  against  the  extent  of  the  assessment 
district,  the  council  shall  hear  said  protests  at  the  time  appointed  there- 
for, as  above  provided,  or  at  any  time  to  which  the  hearing  thereof  may 
be  adjourned,  and  pass  upon  the  same,  and  its  decision  shall  be  final  and 
conclusive,  and  if  such  protests  are  sustained  the  proceedings  shall  be 
abandoned,  but  may  be  renewed  at  any  time,  and  if  such  protests  are 
denied,  the  proposed  assessment  shall  be  confirmed.  If  such  protests  are 
against  the  proposed  assessment,  the  council  shall  hear  said  protests  at 
the  time  appointed  therefor  as  above  provided,  or  at  any  time  to  which 
the  hearing  thereof  may  be  adjourned,  and  may  confirm,  modify  or  cor- 
rect said  proposed  assessment. 

When,  upon  the  hearing,  said  proposed  assessment  is  confirmed,  modi- 
fied or  corrected,  or  in  ease  no  protests  are  filed,  the  report  provided  for 
in  section  2  hereof  shall  be  adopted  as  a  whole,  with  any  modifications 
or  corrections  that  have  been  made  therein,  and  the  city  council  shall 


1J45  MUNICIPAL  CORPORATIONS.  Act  2333,  §§  6-10 

by  resolution,  order  said  proposed  improvement  to  be  made,  and  declare 
its  action  upon  said  report  and  assessment,  which  resolution  shall  be  final 
and  conclusive  on  all  persons,  and  the  assessment  shall  be  thereby  levied' 
upon  the  respective   subdivisions  of  land  in   the   assessment   district. 

§6,  The  validity  of  an  assessment  levied  under  this  act  shall  not  be 
contested  in  any  action  or  proceeding  unless  the  same  is  commenced 
within  thirty  days  after  the  time  said  assessment  is  levied,  and  any 
appeal  from  a  final  judgment  in  such  an  action  or  proceeding  must  be 
perfected  within  thirty  days  after  the  entry  of  such  judgment. 

§  7.  Upon  the  passage  of  the  resolution  provided  for  in  section  5 
hereof,  the  clerk  of  said  city  council  shall  transmit  to  the  tax  collector 
of  the  municipality,  the  diagram  and  assessment  provided  for  in  sub- 
divisions 3  and  4  of  section  2  hereof,  and  any  modifications  or  corrections 
thereof  made  by  said  city  council. 

§  8.  Upon  the  receipt  of  the  diagram  and  assessment  referred  to  in 
the  last  preceding  section,  the  tax  collector  of  the  municipality  stall 
record  the  same  in  a  substantial  book,  to  be  kept  for  that  purpose,  in  his 
office,  and  shall  thereupon  fix  a  day  not  less  than  twenty,  nor  more  than 
thirty,  days  from  the  date  of  the  receipt  by  him  of  said  diagram  and 
assessment  after  which  all  assessments  unpaid  shall  become  delinquent 
and  ten  per  cent  shall  be  added  to  the  amount  thereof,  and  shall  also  fix 
a  day  for  the  sale  of  the  various  parcels  of  land  within  said  district  upon 
which  the  assessments  are  unpaid,  which  said  date  shall  be  not  less  than 
fifty  days  nor  more  than  sixty  days  from  the  date  of  the  receipt  by  him 
of  said  diagram  and  assessment. 

§9.  Notice  of  the  sale  of  property  upon  which  the  said  assessments 
nre  delinquent  shall  be  given  by  said  tax  collector  by  posting  and  pub- 
lication in  the  manner  now  provided  by  the  general  laws  of  the  state  of 
California,  for  giving  notice  of  the  sale  of  real  estate  upon  execution, 
provided,  however,  that  the  descriptions  of  the  various  parcels  of  land 
need  not  be  set  out  at  length,  but  only  by  the  respective  numbers  of  the 
same  as  they  appear  upon  the  assessment  and  diagra,m,  which  shall  be 
properly  referred  to  in  said  notice,  and  said  descriptions  shall  all  be 
contained  in  one  notice.  At  the  time  and  place  fixed  for  the  sale  of 
said  property,  the  tax  collector  shall  separately  sell  the  respective  parcels 
of  land  within  said  district,  the  assessments  against  which  have  not  been 
paid,  or  so  much  of  each  parcel  as  shall  be  necessary  to  realize  the 
amount  assessed  against  said  parcel,  said  ten  per  cent  penalty  for  delin- 
quency, and  its  proportion  of  the  expenses  of  sale,  in  the  order  of  their 
numbers  upon  said  diagram.  At  said  sale  the  municipality  may  be  a 
purchaser. 

§  10.  The  tax  collector  shall  issue  for  each  sale  an  original  and  a 
duplicate  certificate  of  sale,  referring  to  the  proceedings,  describing  the 
parcel  sold,  and  giving  the  name  of  the  purchaser  and  the  amount  for 
which  said  parcel  was  sold.     The  original  certificate  he  shall  deliver  to 


Act  2333,  §§  11-14  GENERAL  LAWS.  646 

the  purchaser,  and  the  duplicate  he  shall  keep  on  file  in  his  office  in  the 
form  of  a  stub  in  the  certificate-book. 

§  11.  At  any  time  before  the  expiration  of  one  year  from  the  date  of 
the  sale,  any  property  sold  under  the  provisions  of  the  preceding  sections 
may  be  redeemed  by  the  payment  to  the  tax  collector  of  the  amount  for 
which  the  property  was  sold,  with  an  additional  penalty  of  twenty-five 
per  cent  of  said  amount.  Said  redemption  money  shall  be  paid  by  the 
tax  collector  to  the  person  holding  the  original  certificate  of  sale  upon 
his  delivering  up  the  same  and  receipting  for  the  amount  received  from 
the  tax  collector  therefor.  Upon  redemption  of  any  parcel  of  land  the 
tax  collector  shall  enter  the  fact  and  date  of  such  redemption  upon  the 
duplicate  certificate  of  sale  thereof. 

§  12.  If  the  property  is  sold,  and  is  not  redeemed  within  said  period 
of  one  year  from  the  date  of  the  sale,  the  tax  collector  shall  execute  to 
the  person  named  in  the  original  certificate,  or  to  his  assignee,  a  deed 
of  the  property  described  in  said  certificate,  w^hich  said  deed  shall  refer 
in  general  terms  to  the  proceedings  under  which  the  same  is  issued,  and 
shall  contain  a  description  of  the  property.  Such  deed  shall  convey 
title  in  fee  to  said  property,  and  the  grantee  is  immediately,  upon  the 
receipt  thereof,  entitled  to  possession  of  the  property  described  therein. 

§  13.  The  funds  collected  by  the  tax  collector  under  the  proceedings 
herein  provided  for,  either  upon  voluntary  payment,  or  as  the  result  of 
sales,  shall  be  paid  by  said  tax  collector,  as  fast  as  collected,  to  the 
treasurer  of  said  municipality,  who  shall  place  the  same  in  a  special  fund 
designated  by  the  number  or  name  of  the  proceeding,  .and  payments  shall 
be  made  out  of  said  special  fund  only  for  the  purposes  provided  for  in 
this  act.  To  expedite  the  making  of  any  such  improvement,  the  city 
council  may  at  any  time  transfer  into  said  special  fund,  out  of  any 
money  in  the  general  fund,  such  sums  as  it  may  deem  necessary,  and 
the  sums  so  transferred  shall  be  deemed  a  loan  to  such  special  fund  and 
shall  be  repaid  out  of  the  proceeds  of  the  assessments  provided  for  in 
this   act. 

§  14.  At  any  time  after  the  funds  for  the  work,  or  any  part  of  the 
work,  shall  be  in  the  hands  of  said  treasurer,  the  city  council  may  let 
the  contract  or  contracts  for  such  work  or  the  respective  parts  thereof. 
Every  such  contract  shall  be  let  to  the  lowest  responsible  bidder,  after 
notice  published  by  two  insertions  in  some  newspaper  published  in  such 
municipality  and  designated  by  the  city  council  for  that  purpose,  or  if 
there  be  no  such  newspaper,  then  by  such  posting  as  the  city  council 
may  provide. 

Every  bid  shall  be  accompanied  by  a  certified  check,  amounting  to  ten 
per  cent  of  the  bid,  payable  to  the  order  of  the  clerk  of  said  city  council, 
and  the  same  shall  be  forfeited  to  the  municipality  in  case  the  bidder 
depositing  the  same  does  not,  within  ten  days  after  written  notice  that 
the  contract  has  been  awarded  to  him,  enter  into  a  contract  with  the 
municipality  for  the  work,  the  faithful   performance  of  which  shall  be 


647  MUNICIPAL  CORPORATIONS.  Act  2333,  §§  15-:,3 

secured'  by  an  undertaking  in  such  penal  sum  as  the  city  council  shall 
require,  with  sureties  satisfactory  to  said  council. 

The  contract  must  provide  that  the  work  shall  be  done  and  the  work 
must  be  done,  strictly  in  accordance  with  the  plans  and  specifications 
contained  in  the  report  provided  for  in  sections  2  and  3  of  this 
act.  The  work  must  be  done  under  the  supervision  of  the  board,  officer 
or  person  by  whom  the  report  provided  for  in  section  2  of  this  act  was 
made  and  no  work  shall  be  paid  for  until  it  has  been  accepted  by  said 
board,   officer  or  person   and  by  said   city  council. 

If  the  contractor  abandons  the  work  or  fails  to  proceed  with  the 
same  as  rapidly  as  required  by  his  contract  the  said  city  council  may 
relet  the  work  in  the  same  manner  as  in  the  case  of  the  first  letting 
thereof  and  retain  the  cost  of  the  same  and  also  any  expense  incidental 
to  the  reletting,  out  of  any  funds  due  or  to  become  due  to  the  contractor, 
and  also  hold  him  and  his  sureties  responsible  for  such  cost  and  expense, 
and  for  any  damages  resulting  from  such  abandonment  or  failure  upon 
his  bond. 

§  15.  In  case  the  first  assessment  for  any  improvement  provided  for  in 
this  act  proves  insufficient,  a  supplemental  assessment  may  be  made  to 
raise  the  deficit,  in  the  same  manner  as  nearly  as  may  be,  as  the  first 
assessment,  except  that  protests  may  only  be  made  to  such  supplemental 
assessment,  and  so  on  until  sufficient  money  shall  have  been  realized,  to 
pay  for  such  improvement. 

§  16.  If  at  any  time  an  assessment  for  any  such  improvement  shall 
realize  a  larger  sura  than  is  necessary  therefor,  the  excess  shall  be 
refunded  pro  rata  to  the  parties  by  whom  it  was  paid. 

§  17.  Every  special  assessment  levied  under  this  act  shall,  from  the 
date  of  the  levy  thereof,  be  a  lien  upon  the  land  upon  which  it  is  levied 
paramount  to  all  other  liens,  except  prior  assessments  and  taxation,  and 
such  lien  shall  continue  until  such  special  assessment  is  paid',  or  until 
the  property  is  sold  and  a  deed  is  made  therefor  to  the  purchaser  as 
hereinbefore  provided,  and  all  parties  shall  have  constructive  notice  of 
such  lien  from  the  date  of  the  passage  of  the  resolution  referred  to  in 
section  5  thereof. 

§18.  The  following  words  and  phrases  shall,  where  used  in  this  act, 
have  the  following  meanings: 

(1)  The  term  "improvement"  includes  all  work  and  improvements  men- 
tioned in  section  1  of  this  act. 

(2)  The  terms  "municipality"  and  "city"  include  every  incorporated 
city,  city  and  county,  or  other  corporation  organized  for  municipal  pur- 
poses. 

(3)  The  terms  "city  council"  and  "council"  include  any  body  or  board 
in  which  by  law  is  vested  the  legislative  power  of  any  city. 

(4)  The  terms  "treasurer"  and  "city  treasurer"  include  any  person  or 
officer  who  has  charge  and  makes  payments  of  the  city  funds. 


Acts  2334-2338  GENERAL  LAWS.  648 

(5)  The  term  "city  engineer"  includes  any  person  or  officer  who  has 
charge  of  the  surveying  and  engineering  work  of  said  city. 

§  19.     This  act  shall  take  effect  and  be  in  force  from  and  after  its 

passage. 

ACT  2334. 

An    act    to    authorize    the    construction,    maintenance    and    operation    of 

private   spur   tracks    in   municipalities. 

[Approved  March  21,  1905.     Stats.  1905,  p.  710.] 

§  1.  The  council  or  other  legislative  governing  body  of  any  city  or 
town,  or  city  and  county,  by  a  majority  vote,  may  grant  the  right  to 
property  owners  or  to  the  proprietors^  of  manufacturing  or  industrial 
enterprises  to  construct,  maintain  and  operate  spur  tracks  from  their 
premises  to  a  connection  with  any  railroad'.  Such  grant  shall,  neverthe- 
less, be  revocable  at  the  pleasure  of  the  granting  authority. 

ACT  2335. 

To  authorize  and  direct  the  municipal  authorities  of  the  several  cities 
and  incorporated  towns  of  this  state  to  execute  certain  trusts  in 
relation  to  the  town  lands  granted  to  the  incorporated  cities  and 
towns  in  this  state,  by  the  act  of  Congress  entitled  "An  act  for  the 
relief  of  the  inhabitants  of  cities  and  towns  upon  the  public  lands," 
approved  March  second,  eighteen  hundred  and  sixty-seven.  [Ap- 
proved March  24,  1868.     Stats.   1867-68,  p.  487.] 

Amended    1871-72,    p.    237.      Continued    in   force    by    Political    Code,    §  4442. 
See,  also,  Stats.  1867-68,  p.  692. 
Citations.     Cal.  78/60. 

ACT  2336. 

To  authorize  and  direct  the  county  judges  of  the  several  counties  of  this 
state  to  execute  certain  trusts  in  relation  to  the  town  lands  granted 
to  the  unincorporated  towns  in  this  state  by  the  act  of  Congress 
entitled  "An  act  for  the  relief  of  the  inhabitants  of  cities  and  towns 
upon  the  public  lands,"  approved  March  2,  1867.  [Stats.  1867-68,  p. 
692.] 

Amended  1873-74,  p.  37;  1885,  p.  115;  1897,  p.  93;  1907,  p.  936. 
Citations.      Oal.  62/609;   110/194,  197;   133/52. 

ACT  2337. 

Authorizing  incorporated  cities  to  acquire  by  purchase,  gift,  or  condem- 
nation, water,  water  rights,  reservoir  sites,  etc.     [Stats.  1891,  p.  102.] 
Citations.      Cal.  124/616  ;   152/589. 

ACT  2338. 

To  provide  for  the  receipt  and  appropriation  of  donations  to  the  state, 
or  counties,  or  cities  and  counties,  or  cities  or  towns  therein.     [Ap- 
proved April  3,  1880.     Stats.  1880,  p.  20  (Ban.  ed.  106).] 
Codified   by  §  453a    of    Political    Code.      See,    also,  §  4052a    of    Political    Code: 
See  ante,  Act  802. 


649  MUNICIPAL  CORPORATIONS.  Acts  2339-2347 

ACT  2339. 

To  provide  for  the  organization,  incorporation  and  government  of  merged 

and    consolidated    cities    and    counties    of    more    than    one    hundred 

thousand  inhabitants.     [Stats.  1880,  p.  137.] 

Unconstitutional:      Desmond  v.  Dunn,     55  Cal.  242. 

This  act  was  what  was  known  as  the  McClure  Charter. 

ACT  2340. 

To  provide  for  the  letting  of  contracts  for  lighting  streets  and  public 

buildings  in  cities  and  towns  in  the  state.     [Stats.  1895,  p.  191.] 

Amended  1897,  p.  210.     Repealed  1903,  p.  32. 

Citations.     Oai.  119/31,  32. 

ACT  2341. 

Providing  for  the  planting  and  care  of  shade   trees  in   municipalities. 

[Stats.  1893,  p.  153.] 
ACT  2342. 
Conferring   power   upon    the   governing   body   of   municipal    corporations 

of  the  first  class  to  provide  for  the  erection  of  a  municipal  hospital. 

[Stats.  1897,  p.  9.] 

ACT  2343. 

Providing  for  the  establishment  and  maintenance  of  sewer  districts  ad- 
jacent   to    municipal    corporations.     [Stats.    1899,    p.    81.] 

ACT  2344. 

Providing  for  the  levy  of  a  special  tax  for  specific  public  improvements 
within  municipalities.     [Stats.  1901,  p.  296.] 
See  this  act,  post,  Act  4042. 

ACT  2345. 

To   authorize   the   licensing   of   bicycles,   tricycles   and   similar   vehicles. 
[Stats;   1901,  p.  324.] 
See  this   act,   ante,   Act   1942.      See   Stats.   1905,   p.   816. 

ACT  2346. 

To   provide   for   the    disposal   of   moneys   raised   by   cities   or   towns   for 

public  improvement  after  the  same  has  been  completed  and  paid  for. 

[Stats.   1899,  p.   105.] 

ACT  2347. 

An  act  to  provide  for  the  classification  of  municipal  corporations. 
[Approved  March  2,  1883.     Stats.  1883,  p.  24.] 
Amended  1897,  pp.  218,  421;   1899,  p.   141;    1901,  p.  94. 

Citations.  Oal.  73/311;  76/451;  85/347,  349;  111/104,  105;  117/574,  575; 
118/403;  120/889,  390,  392,  394;  127/159;  143/566,  567,  569,  571;  151/467. 
Aja>,  3/720;   6/738,  739. 


Act  2347,  §§  1-3  GENERAL  LAWS.  C50 

Classes  described. 

§1.  All  municipal  corporatioBS  within  the  state  are  hereby  classified' 
as  follows:  Those  having  a  population  of  more  than  two  hundred  thou- 
sand sliall  constitute  the  first  class;  those  having  a  population  of  more 
than  one  hundred  thousand  and  not  exceeding  two  hundred  thousand 
shall  constitute  the  first  and  one-half  class;  those  having  a  population  of 
more  than  thirty  thousand  and  not  exceeding  one  hundred  thousand  shall 
constitute  the  second  class;  those  having  a  population  of  more  than 
fifteen  thousand  and  not  exceeding  thirty  thousand  shall  constitute  the 
third  class;  those  having  a  population  of  more  than  ten  thousand  and 
not  exceeding  fifteen  thousand  shall  constitute  the  fourth  class;  those 
having  a  population  of  more  than  three  thousand  and  not  exceeding  ten 
thousand  shall  constitute  the  fifth  class;  those  having  a  population  of  not 
exceeding  three  thousand  shall  constitute  the  sixth  class.  [Amendment 
became  a  law  under  constitutional  provision  without  governor's  approval 
March  5,  1901.     Stats.  1901,  p.  94.     In  effect  immediately.] 

Determination  based  on  census. 

§2.  The  census  taken  under  the  direction  of  the  Congress  of  the 
United  States  in  the  year  eighteen  hundred  and  eighty,  and  every  ten 
years  thereafter,  shall  be  the  basis  upon  which  the  respective  popula- 
tions of  said  municipal  corporations  shall  be  determined,  unless  a  direct 
enumeration  of  the  inhabitants  thereof  be  made,  as  in  this  act  provided, 
in  which  case  such  direct  enumeration  shall  constitute  such  basis. 

Question  of  reorganization. 

§  3.  The  council,  board  of  trustees,  or  other  legislative  body  of  any 
municipal  corporation,  may  at  any  time  cause  an  enumeration  of  the 
inhabitants  thereof  to  be  made,  and  in  such  manner  and  under  such 
regulations  as  such  body  may,  by  ordinance,  direct.  If  upon  such  enum- 
eration it  shall  appear  that  such  municipal  corporation  contains  a 
sufficient  number  of  inhabitants  to  entitle  it  to  reorganize  under  a  higher 
or  lower  class,  the  common  council,  trustees,  or  other  legislative  body, 
shall,  upon  receiving  a  petition  therefor,  signed  by  not  less  than  one- 
fifth  of  the  qualified  electors  thereof,  submit  to  the  electors  of  such  city 
or  town,  at  the  next  general  election  to  be  held  therein,  the  question 
whether  such  city  or  town  shall  reorganize  under  the  laws  relating  to 
municipal  corporations  of  the  class  to  which  such  city  or  town  may 
belong.  And  thereupon  such  proceedings  shall  be  had  and  election  held, 
as  provided  in  the  general  law  for  the  reorganization,  incorporation, 
and  government  of  municipal  corporations.  If  a  majority  of  the  votes 
cast  at  such  election  shall  be  in  favor  of  such  reorganization,  thereafter 
such  officers  shall  be  elected  as  are,  or  may  be,  and  at  the  time  prescribed 
by  law  for  municipal  corporations  of  the  class  having  the  population 
under  which  such  reorganization  is  had,  and  from  and  after  the  quali- 
fication of  such  officers,  such  corporation  shall  belong  to  such  class. 
Whenever  the  result  of  such  enumeration  shall  have  been  declared  by 
the  council,  board  of  trustees,  or  other  governing  body,  and  entered  in 
the  minutes  of  such  body,  thereupon  the  number  of  such  inhabitants  so 
ascertained  shall  be  deemed  the  number  of  the  inhabitants  of  such  city 


651  MUNICIPAL    CORPORATION    BILL.  Act  2348 

for  all  the  purposes  of  this  act,  and  for  the  purposes  of  legislation  affect- 
ing municipalities.  The  clerk  of  the  council,  board  of  trustees,  or  other 
governing  body  of  such  city  shall  cause  a  certified  copy  of  such  minute 
order  to  be  filed  with  the  board  of  supervisors  of  the  county  wherein 
such  city  is  situated.  [Amendment  approved  March  20,  1899.  Stats. 
1899,  p.  141.] 

MUNICIPAL  CORPORATION  BILL. 
ACT  2348. 

An  act  to  provide  for  the  organization,  incorporation,  and   government 
of  municipal  corporations.     [Stats.   1883,  p.  93.] 

Amonded  1885,  pp.  127,  134;  1887,  p.  12;  1889,  pp.  371,  389;  1891.  pp.  21, 
28,  54,  55,  114,  233;  1893,  p.  299;  1895,  pp.  24,  159,  266;  1897,  pp.  89,  175,  183, 
196,  403;  1899,  p.  98;  1901,  pp.  12,  18,  70,  269,  293,  656;  1903,  pp.  40,  93, 
135,  336;  1905,  pp.  16,  45,  72,  73,  88,  89,  408;  1907,  p.  272;  1909,  pp.  148, 
420,  937. 

Citations.  Cal.  66/656;  68/143;  69/151;  70/464;  71/208;  72/167,  169; 
73/85,  86,  312,  313,  622;  74/23,  26;  76/95,  451;  79/354,  358;  85/51,  345. 
346,  349,  595,  596;  87/231,  502,  504,  521,  522;  88/412,  431,  432;  89/523; 
91/247;  92/613;  97/380;  98/429;  100/573,  575;  102/304;  103/6G5;  104/275, 
518,  521;  106/501,  502;  107/97.  390,  400;  108/363;  109/319;  112/163,  331; 
118/120,  403,  487;  120/393;  123/310,  460,  601;  124/97;  125/626;  126/229, 
230,  231;  127/16;  129/603,  605,  606,  607;  131/502;  132/238;  135/452,  454, 
502,  582;  137/584;  141/372,  373,  374,  375,  376,  377,  378,  379,  380,  397; 
142/514,515,700;  143/566,  567,  569,  570,571,572,573;  144/13,14;  145/631, 
633,  636,  640;  147/776,  778;  149/78;  151/177,  181,  477,  651;  153/41,  42,  43, 
207,  709;  154/225,  226,  304.  App.  1/631;  2/4S0,  431,  722,  761.  763;  3/483, 
719,  721;  5/598;  6/738,  739;  7/385;  8/436,  437,  438,  439,  443,  498,  500. 

AT.TDT.  1885. 

Citations.      Cal.  69/610. 

AMDT.    1889. 

Citations.  Cal.  91/256;  95/112;  99/147;;  104/519,  523;  107/98,  465,  469; 
113/304;  119/625,626;  121/103;  122/78;  126/280;  132/83;  136/146;  138/243, 
244. 

AMDT.  1891. 

Citations.     Cal.  118/121;    129/600;    153/207. 

AMDT.     1893. 

Citations.     App.  1/68. 

AMDT.  1897. 

Citations.      Cal.  136/148. 

AMDT.   1901. 

Citations.      Cal.  153/207. 

AMDT.   1903. 

Citations.     Cal.  150/189;   151/430. 

AMDT.  1905. 

Citations.      Cal.  152/702,    703,   704, 


Act  2348  GENERAL   LAWS.  652 

SUMMAEY  OF  CONTENTS. 
Chapter     T.     Organization  of  Municipal  Corporations,  §§  1-9. 
Chapter  II.     Municipal    Corporations   of   the    First    Class,   Over    100,000. 

§§  19-288. 
Article      I.      General  Powers.      §  19. 

II.      General   Provisions  Relating  to  Officers.      §§20-29. 

III.  Legislative  Departments.      S§  40-107. 

IV.  Executive  Departments.      §§  118-204. 
V.      Judicial   Departments.      §§213-246. 

VI.      Educational  Department.      §§  247-272. 
VII.      Miscellaneous  Provisions.      §§  286-288. 

Chapter  III.     Municipal  Corporations  of  the  Second  Class,  30,000-100,000. 

§§  300-426. 
Article      I.      General  Powers.      |  300. 

II.      General  Provisions   Relating  to   OfTic(>rs.      §§  301-307. 

III.  Legislative  Department.      §§  319-3  59. 

IV.  Executive   Department.      §§  370-380. 
V.      Judicial   Department.      §§  390-403. 

VI.      Educational  Department.      §§  410-42  6. 

Chapter  IV,     Municipal   Corporations  of  the   Third   Class,   15,000-30,000. 

§§  500-591. 
Article      I.     General  Powers.      §  500. 

II.      General  Provisions  Relating  to  Officers.      §§501-509. 

III.  Legislative  Dei^artment.      §§  520-536. 

IV.  Executive  Department.      §§  550-553. 
V.     Judicial  Department.      §§560-563. 

VI.      School  Department.      §§  570-579. 
VII.      Miscellaneous   Provisions.      §§  590,    591. 

Chapter  V.     Municipal   Corporations   of  the   Fourth   Class,   10,000-15,000. 

§§  600-719. 
Article      I.      General   Powers.      §  600. 

II.     General  Provisions  Relating  to  Officers.      §§  601-611. 

III.  Legislative    Department.      §§  620-636. 

IV.  Taxation.      §§640-666. 

V.      Executive  Department.      §§  670-681. 
VI.      Judicial   Department.      §§  690-701. 
VII.      School  Department.      §§  710-719. 

Chapter  VI.     Municipal    Corporations    of   the    Fifth    Class,    3,000-10,000. 

§§750-812. 
Article      I.      General  Powers.      §  750. 

II.      General  Provisions  Relating  to  Officers.      §§  751-753. 

III.  Legislative  Department.      §§  760-778. 

IV.  Executive  Department.      §§  786-791. 
V.      School  Department.      §§795-805. 

VI.      Judicial   Department.      §§  806-P08. 
VII.     Miscellaneous  Provisions.      §§  810-813. 


653  MUNICIPAL  CORPORATION  BILL.  Act  2348,  §§  1. 2 

Chapter  VII.     Municipal  Corporations  of  the  Sixth  Class,  3,000.     §§  850- 

886. 
Article      I.      General  Powers.      §  850. 

II.     General   Provisions   Relating  to   Officers.      §§  851-857. 

III.  Legislative   Department.      §§858-875. 

IV.  Executive   Department.      §§  876-881. 
V.      Judicial   Department.      §§  882-884. 

VI.     Miscellaneous   Provisions.      §§  885,   886. 

CHAPTER  I. 
Organization  of  Municipal  Corporations. 
City  or  town  may  incorporate. 

§  1.  Any  portion  of  a  county  containing  not  less  than  five  hundred 
inhabitants,  and  not  incorporated  as  a  municipal  corporation,  may  become 
incorporated  under  the  provisions  of  this  act,  and  when  so  incorporated, 
shall  have  the  powers  conferred,  or  that  may  be  hereafter  conferred, 
by  law,  upon  municipal  corporations  of  the  class  to  which  the  same  may 
belong. 

Manner  of  proceeding  in  organizing  a  municipal  corporation. 

§  2.  A  petition  shall  first  be  presented  to  the  board  of  supervisors  of 
such  county,  signed  by  at  least  fifty  of  the  qualified  electors  of  the 
county,  residents  within  the  limits  of  such  proposed  corporation,  and 
the  affidavit  of  three  qualified  electors  residing  within  the  proposed 
limits,  filed  with  the  petition,  shall  be  prima  facie  evidence  of  the 
requisite  number  of  signers.  The  petition  shall  set  forth  and  particu- 
larly describe  the  proposed  boundaries  of  such  corporation,  and  state  the 
number  of  inhabitants  therein,  as  nearly  as  may  be,  and  shall  pray 
that  the  same  may  be  incorporated  under  the  provisions  of  this  act. 
Such  petition  shall  be  presented  at  a  regular  meeting  of  such  board, 
and  shall  be  published  for  at  least  two  weeks  before  the  time  at  which 
the  same  is  to  be  presented,  in  some  newspaper  printed  and  published 
in  such  countj',  together  with  a  notice  stating  the  time  of  the  meeting 
at  which  the  same  will  be  presented.  When  such  petition  is  presented, 
the  board  of  supervisors  shall  hear  the  same,  and  may  adjourn  such 
hearing  from  time  to  time,  not  exceeding  two  months  in  all,  and  on  the 
final  hearing,  shall  make  such  changes  in  the  proposed  boundaries  as 
they  may  find  to  be  proper  and  shall  establish  and  define  such  bound- 
aries, and  shall  ascertain  and  determine  how  many  inhabitants  reside 
within  such  boundaries;  provided,  that  any  changes  made  by  said  board 
of  supervisors  shall  not  include  any  territory  outside  of  the  boundaries 
described  in  such  petition.  The  boundaries  so  established  by  the  board 
of  supervisors  shall  be  the  boundaries  of  such  municipal  corporation 
until  by  action,  authorized  by  law  for  the  annexation  of  additional  ter- 
ritory to,  or  the  taking  of  territory  from,  said  municipal  corporation, 
such  boundaries  shall  be  changed;  provided,  whenever  it  shall  appear  to 
the  board  of  supervisors  that  the  boundaries  of  any  municipal  corpora- 
tion have  been  incorrectly  described,  the  board  shall  direct  the  county 
surveyor  to   ascertain  and  report  a   description   of  the  boundaries.     The 


Act  2348,  §  3  GENERAL  LAWS.  654 

board  of  supervisors  shall,  at  their  first  regular  meeting  after  the  filing 
of  the  report  of  the  county  surveyor,  cause  notice  to  be  published  in 
some  newspaper  published  in  the  county,  that  the  report  will  be  acted 
upon  at  the  next  regular  meeting  of  the  board,  and  at  said  meeting 
the  board  shall  ratify  the  report  of  the  county  surveyor,  with  such  modi- 
fications as  they  shall  deem  necessary,  and  the  boundaries  so  established 
shall  be  the  legal  boundaries  of  said  municipal  corporation.  They  shall 
then  give  notice  of  an  election  to  be  held  in  such  proposed  corporation 
for  the  purpose  of  determining  whether  the  same  shall  become  incor- 
porated. Such  notice  shall  particularly  describe  the  boundaries  so  es- 
tablished, and  shall  state  the  name  of  such  proposed  corporation,  and 
the  number  of  inhabitants  so  ascertained  to  reside  therein,  and  the  same 
shall  be  published  for  at  least  two  weeks  prior  to  such  election,  in  a 
newspaper  printed  and  published  within  such  boundaries,  or  posted  for 
the  same  period  in  at  least  four  public  places  therein.  Such  notice  shall 
require  the  voters  to  cast  ballots,  which  shall  contain  the  words  "For 
incorporation,"  or  "Against  incorporation,"  or  words  equivalent  thereto, 
and  also  the  names  of  persons  voted  for  to  fill  the  various  elective  munici- 
pal offices  prescribed  by  law  for  municipal  corporations  of  the  class  to 
which  such  proposed  corporation  will  belong.  [Amendment  approved 
March  19,  1889.     Stats.  1889,  p.  371.     In  effect  immediately.] 

Election,  how  conducted. 

§  3.  Such  elections  shall  be  conducted  in  accordance  with  the  general 
election  laws  of  the  state,  and  no  person  shall  be  entitled  to  vote  thereat 
unless  he  shall  be  a  qualified  elector  of  the  county,  enrolled  upon  the 
great  register  thereof,  and  shall  have  resided  within  the  limits  of  such 
proposed  corporation  for  at  least  sixty  days  next  preceding  such  elec- 
tion. The  board  of  supervisors  shall  meet  on  the  Monday  next  suc- 
ceeding such  election,  and  proceed  to  canvass  the  votes  cast  thereat; 
and  if,  upon  such  canvass,  it  appears  that  the  majority  of  the  votes 
cast  are  for  the  incorporation,  the  board  shall,  by  an  order  entered 
upon  their  minutes,  declare  such  territory  duly  incorporated  as  a 
municipal  incorporation  of  the  class  to  which  the  same  shall  belong,  under 

the   name  and  style  of  the  city   (or  town,  as  the  case  may  be)   of  

(naming  it),  and  .shall  declare  the  person [s]  receiving,  respectively,  the 
highest  number  of  votes  for  such  several  offices  to  be  duly  elected  to 
such  offices.  Said  board  shall  cause  a  copy  of  such  order,  duly  certi- 
fied, to  be  filed  in  the  office  of  secretary  of  state,  and  from  and  after 
the  date  of  such  filing,  such  incorporation  shall  be  deemed  complete, 
and  such  officers  shall  be  entitled  to  enter  immediately  upon  the  duties 
of  their  respective  offices,  upon  qualifying  in  accordance  with  law,  and 
shall  hold  such  offices  respectively  only  until  the  next  general  municipal 
election  to  be  held  in  such  city  or  town,  and  until  their  successors  are 
elected  and  qualified;  and  it  shall  not  be  necessary  in  any  action,  civil 
or  criminal,  to  plead  and  prove  the  organization  or  existence  of  such 
corporation,  and  the  courts  shall  take  judicial  cognizance  thereof  with- 
out proof.  [Amendment  approved  March  19,  1889.  Stats.  1889,  p.  372. 
In  effect  immediately.] 


C55  MUNICIPAL  CORPORATION  BILL.  Act  2348,  §  4 

ilow  incorporated  city  or  town  may  incorporate  under  this  law, 

§  i.  The  cominon  council,  board  of  trustees,  or  other  legislative  bofly 
of  any  city  or  county,  city,  or  town,  organized  or  incorporated  prior 
to  the  first  day  of  January,  eighteen  hundred  and  eighty,  at  twelve 
o'tdock,  meridian,  shall,  upon  receiving  a  petition  therefor,  signed  by 
not  less  than  one-fifth  of  the  qualified  electors  of  such  city  and  county, 
city  or  town,  as  shown  by  the  vote  cast  at  the  last  municipal  election 
held  therein,  submit  to  the  electors  of  such  city  and  county,  city,  or 
town,  at  the  next  general  election  to  be  held  therein,  the  question 
whether  such  city  and  county,  city,  or  town  shall  become  organized  un- 
der the  general  laws  of  the  state  relating  to  municipal  corporations  of 
the  class  to  which  such  city  and  county,  city,  or  town  may  belong. 
Notice  that  such  question  will  be  so  submitted  shall  be  given  by  pub- 
lication in  a  newspaper  printed  and  published  in  such  city  and  county^ 
city,  or  town;  or  if  there  be  no  newspaper  printed  and  published  therein, 
by  printing  and  posting  the  same  in  at  least  four  public  places  therein, 
including  the  place  or  places  where  such  election  is  to  be  held.  Such 
notice  shall  be  so  published  or  posted  for  at  least  four  weeks  prior  to 
such  election,  and  shall  also  be  made  a  part  of  the  general  election 
notice.  Such  notice  shall  distinctly  state  the  proposition  to  be  so  sub- 
mitted, and  shall  designate  the  class  to  which  such  corporation  belongs, 
and  shall  invite  the  electors  thereof  to  vote  upon  such  proposition  by 
placing  upon  their  ballots  the  words  "For  reorganization,"  or  "Against 
reorganization,"  or  words  equivalent  thereto.  The  votes  so  cast  shall 
be  canvassed  at  the  time  and  in  the  manner  in  which  the  other  votes 
cast  at  such  election  are  canvassed.  If,  upon  such  canvass,  a  majority 
of  all  the  electors  voting  at  such  election  shall  be  found  to  have  voted 
for  such  reorganization,  the  said  council,  board,  or  other  legislative  body 
shall,  by  an  order  entered  upon  their  minutes,  cause  their  clerk,  or 
other  officer  performing  the  duties  of  clerk,  to  make  and  transmit  to 
the  secretary  of  state  a  certified  abstract  of  such  vote;  which  abstract 
shall  show  the  whole  number  of  electors  voting  at  such  election,  the 
number  of  votes  cast  for  reorganization,  and  the  number  of  votes  cast 
against  reorganization.  Said  council,  board,  or  other  legislative  body 
shall  immediately  thereafter  call  a  special  election  for  the  election  of 
the  officers  required  by  law  to  be  elected  in  corporations  of  the  class  to 
which  such  city  and  county,  city,  or  town  shall  belong,  which  election 
shall  be  held  within  six  weeks  thereafter.  Such  election  shall  be  held 
in  all  respects  in  the  manner  prescribed,  or  that  may  hereafter  be  pre- 
scribed by  law  for  municipal  elections  in  corporations  of  such  class,  and 
shall  be  canvassed  by  the  council,  board,  or  other  legislative  body  call- 
ing the  same,  who  shall  immediately  declare  the  result  thereof,  and 
cause  the  same  to  be  entered  upon  their  journal.  From  and  after  the 
date  of  such  entry,  such  corporation  shall  be  deemed  to  be  organized 
under   such   general   laws,   under    the    name    and   style    of    the    city    and 

county  (or  city  or  town  as  the  case  may  be)   of  (naming  it),  with 

the  powers  conferred,  or  that  may  hereafter  be  conferred,  by  law  upon 
municipal  corporations  of  the  class  to  which  the  same  may  belong;  and 


Act  2348,  §§  5-7  GENERAL  LAWS.  656 

the  officers  elected  at  such  election  shall  be  entitled  immediately  to  en- 
ter upon  the  duties  of  their  respective  offices,  upon  qualifying  in  ac- 
cordance with  law,  and  shall  hold  such  offices,  respectively,  only  until 
the  next  general  municipal  election  to  be  held  in  such  city  and  countyj 
city,  or  town,  and  until  their  successors  are  elected  and  qualified. 

Effect  of  reincorporation. 

§5.  Any  city  and  county,  city,  or  town  organized  under  the  provisions 
of  section  4  of  this  act  shall,  for  all  purposes,  be  deemed  and  taken  to 
be  in  law  the  identical  corporation  theretofore  incorporated  and  exist- 
ing; and  such  reorganization  shall  in  no  wise  affect  or  impair  the  title 
to  any  property  owned  or  held  by  such  corporation,  or  in  trust  therefor, 
or  any  debts,  demands,  liabilities,  or  obligations  existing  in  favor  of 
or  against  such  corporation,  or  any  proceeding  then  pending;  nor  shall 
the  same  operate  to  repeal  or  affect  in  any  manner  any  ordinance  there- 
tofore passed  or  adopted  and  remaining  unrepealed,  or,  to  discharge 
any  person  from  any  liability,  civil  or  criminal,  then  existing,  for  any 
violation  of  any  such  ordinance;  but  such  ordinances,  so  far  as  the  same 
are  not  in  conflict  with  such  general  laws,  shall  be  and  remain  in  force 
until  repealed  or  amended  by  competent  authority;  provided,  that  pro- 
ceedings theretofore  commenced  shall,  after  such  reorganization,  be 
conducted  in  accordance  with  the  provisions  of  such  general  laws. 

Duty  of  outgoing  officers. 

§  6.  As  soon  as  the  officers  elected  under  the  provisions  of  either  sec- 
tion 3  or  section  4  of  this  act  shall  have  qualified  in  accordance  with 
law,  all  persons,  if  any,  then  in  possession  of  the  offices  of  such  cor- 
poration, shall  immediately  quit  and  surrender  up  the  possession  of  such 
offices  and  shall  deliver  to  the  officers  so  elected  all  moneys,  books, 
papers,  or  other  things  in  their  official  custody,  and  all  property  of  such 
corporation  in  their  hands,  notwithstanding  that  the  terms  of  office  for 
which  they  were  respectively  elected  or  appointed  may  not  then  have 
expired;  and  all  officers,  boards,  and  persons  holding  any  property  in 
trust  for  any  public  use,  the  administration  of  which  use  is  vested  by 
such  general  laws  in  such  corporation,  or  in  any  of  its  officers,  shall, 
upon  demand  from  such  corporation  or  such  officers,  convey  such  prop- 
erty to  such  corporation  or  such  officers,  by  goo"d  and  sufficient  deeds  of 
conveyance,  in  trust  for  such  public  use. 

Boundary,  how  changed. 

§  7.  The  boundaries  of  any  municipal  corporatiou  may  be  altered, 
and  new  territory  included  therein,  after  proceedings  had  as  required 
in  this  section.  The  council,  board  of  trustees,  or  other  legislative  body 
of  such  corporation  shall,  upon  receiving  a  petition  therefor,  signed  by 
not  less  than  one-fifth  of  the  qualified  electors  thereof,  as  shown  by  the 
vote  cast  at  the  last  municipal  election  held  therein,  submit  to  the  elec- 
tors of  such  corporation,  and  to  the  electors  residing  in  the  territory 
proposed  by  such  petition  to  be  annexed  to  such  corporation,  the  ques- 
tion whether  such   territory  shall  be  annexed  to  such   corporation  and 


657  MUNICIPAL  CORPORATION  BILL.  Act  2348,  §  8 

become  a  part  thereof.  Such  question  shall  be  submitted  at  a  special 
election,  to-be  held  for  that  purpose,  and  such  legislative  body  shall 
give  notice  thereof  by  publication  in  a  newspaper  printed  and  published 
in  such  corporation,  and  also  in  a  newspaper  printed  and  published  out- 
side of  such  corporation,  and  in  the  county  in  which  such  territory  so 
proposed  to  be  annexed  is  situated,  in  both  cases  for  a  period  of  four 
weeks  prior  to  such  election.  Such  notice  shall  distinctly  state  the 
proposition  to  be  so  submitted,  and  shall  designate  specifically  the  bound- 
aries of  the  territory  so  proposed  to  be  annexed;  and  the  electors  shall 
be  invited  thereby  to  vote  upon  such  proposition,  by  placing  upon  their 
ballots  the  words  "For  annexation,"  or  "Against  annexation,"  or  words 
equivalent  thereto.  Such  legislative  body  shall  also  designate  the  place 
or  places  at  which  the  polls  will  be  opened  in  such  territory  so  pro- 
posed to  be  annexed,  which  place  or  places  shall  be  that  or  those  usually 
used  for  that  purpose  within  such  territory,  if  any  such  there  be.  Such 
legislative  body  shall  also  appoint  and  designate  in  such  notic^-  the 
names  of  the  officers  of  election.  Such  legislative  body  shall  meet  on 
the  Monday  next  succeeding  the  day  of  such  election,  and  proceed  to 
canvass  the  votes  cast  thereat.  The  votes  cast  in  such  territory  so  pro- 
posed to  be  annexed  shall  be  canvassed  separately,  and  if  it  shall  ap- 
pear upon  such  canvass  that  a  majority  of  all  the  votes  cast  in  such 
territory  and  a  majority  of  all  the  votes  cast  in  such  corporation  shall 
be  for  annexation,  such  legislative  body  shall,  by  an  order  entered  upon 
their  minutes,  cause  their  clerk,  or  other  officer  performing  the  duties 
of  clerk,  to  make  and  transmit  to  the  secretary  of  state  a  certified 
abstract  of  such  vote;  which  abstract  shall  show  the  whole  number  of 
electors  voting  in  such  territory,  the  whole  number  of  electors  voting 
in  such  corporation,  the  number  of  votes  cast  in  each  for  annexation 
and  the  number  of  votes  cast  in  each  against  annexation.  From  and 
after  the  date  of  the  filing  of  such  abstract,  such  annexation  shall  be 
deemed  complete,  and  thereafter  such  territory  shall  be  and  remain  a 
part  of  such  corporation;  provided,  that  no  property  within  such  ter- 
ritory so  annexed  shall  ever  be  taxed  to  pay  any  portion  of  any  indebted- 
ness of  such  corporation,  contracted  prior  to  or  existing  at  the  date  of 
such  annexation.  If  the  territory  so  proposed  to  be  annexed  consists, 
in  whole  or  in  part,  of  any  municipal  corporation,  or  part  thereof,  such 
territory  shall  not  be  annexed  under  the  provisions  of  this  section. 

Municipal  corporations,  how  consolidated. 

§  8.  Two  or  more  contiguous  municipal  corporations  may  become  con- 
solidated into  one  corporation  after  proceedings  had  as  required  in  this 
section.  The  council,  board  of  trustees,  or  other  legislative  body  of 
either  of  such  corporations  shall,  upon  receiving  a  petition  therefor, 
signed  by  not  less  than  one-fifth  of  the  qualified  electors  of  each  of 
such  corporations,  as  shown  by  the  votes  cast  at  the  last  municipal  elec- 
tion held  in  each  of  such  corporations,  submit  to  the  electors  of  each 
of  such  corporations  the  question  whether  such  corporations  shall  be- 
come consolidated  into  one  corporation.  Such  legislative  body  shall 
designate  a  day  upon  which  a  special  election  shall  be  held  in  each  of 
Gen.  Laws — 42 


Act  2348,  §  8  GENERAL  LAWS.  658 

such  corijorations  to  determine  whether  such  consolidation  shall  be  ef- 
fected, and  shall  give  written  notice  thereof  to  the  council,  board  of 
trustees,  or  other  legislative  body  of  each  of  the  other  of  such  corpora- 
tions, which  notice  shall  designate  the  name  of  the  proposed  new  cor- 
poration. It  shall  thereupon  be  the  duty  of  such  legislative  body  of 
each  of  the  corporations  so  proposed  to  be  consolidated  to  give  notice 
of  such  election,  by  publication  in  a  newspaper  printed  and  published 
in  such  corporation,  for  a  period  of  four  weeks  prior  to  such  election. 
Such  notice  shall  distinctly  state  the  proposition  to  be  so  submitted, 
the  name  of  the  corporations  so  proposed  to  be  consolidated,  the  name 
of  the  proposed  new  corporation,  and  the  class  to  which  such  proposed 
new  corporation  will  belong;  and  shall  invite  the  electors  to  vote  upon 
such  proposition  by  placing  upon  their  ballots  the  words  "For  consolida- 
tion," or  "Against  consolidation,"  or  words  equivalent  thereto.  The 
legislative  bodies  of  each  of  such  corporations  shall  meet  in  joint  con- 
vention at  the  usual  place  of  meeting  of  the  legislative  body  of  that  one 
of  such  corporations  having  the  greatest  population,  as  shown  by  the  last 
federal  census,  on  the  Monday  next  succeeding  the  day  of  such  election, 
and  proceed  to  canvass  the  votes  cast  thereat.  The  votes  cast  in  each 
of  such  corporations  shall  be  canvassed  separately;  and  if  it  shall  ap- 
pear upon  such  canvass  that  a  majority  of  the  votes  cast  in  each  of 
such  corporations  shall  be  for  consolidation,  such  joint  convention,  by 
an  order  entered  upon  their  minutes,  shall  cause  the  clerk,  or  other 
officer  performing  the  duties  of  clerk,  of  the  legislative  body  at  whose 
place  of  meeting  such  joint  convention  is  held,  to  make  a  certified 
abstract  of  such  vote;  which  abstract  shall  show  the  whole  number  of 
electors  voting  at  such  election  in  each  of  such  corporations,  the  num- 
ber of  votes  cast  in  each  for  consolidation,  and  the  number  of  votes 
cast  in  each  against  consolidation.  Such  abstract  shall  be  recorded  upon 
the  minutes  of  the  legislative  body  of  each  of  such  corporations;  and 
immediately  upon  the  record  thereof,  it  shall  be  the  duty  of  the  clerk, 
or  other  officer  performing  the  duties  of  clerk,  of  each  of  such  legislative 
bodies  to  transmit  to  the  secretary  of  state  a  certified  copy  of  such 
abstract.  Immediately  after  such  filing,  the  legislative  body  of  that 
one  of  such  corporations  having  the  greatest  population,  as  shown  by 
the  last  federal  census,  shall  call  a  special  election,  to  be  held  in  such 
new  corporation  for  the  election  of  the  officers  required  by  law  to  be 
elected  in  corporations  of  the  class  to  which  such  new  corporation  shall 
belong,  which  election  shall  be  held  within  six  months  thereafter.  Such 
election  shall  be  called  and  conducted  in  all  respects  in  the  manner 
prescribed,  or  that  may  hereafter  be  prescribed,  by  law  for  municipal 
elections  in  corporations  of  such  class,  and  shall  be  canvassed  by  the 
legislative  body  so  calling  the  same,  who  shall  immediately  declare  the 
result  thereof,  and  cause  the  same  to  be  entered  upon  their  journal. 
From  and  after  the  date  of  such  entry,  such  corporations  shall  be  deemed 
to  be  consolidated  into  one  corporation,  under  the  name  and  style  of  the 

city  and  county  (or  city  or  town  as  the  case  may  be)   of  (naming 

it),  with  the  powers  conferred,  or  that  may  hereafter  be  conferred,  by 


I 


659  MUNICIPAL  CORPORATION  BILL.  Act  2348,  §§  9-20 

law   upon   municipal   corporations   of  the  class  to   which  the  same  shall 

so  belong;  and  the  officers  elected  at  such  election  shall  be  entitled  im- 
mediately to  enter  upon  the  duties  of  their  respective  offices,  upon  quali- 
fying in  accordance  with  law,  and  shall  hold  svieh  offices,  respectively, 
only  until  the  next  general  municipal  election  to  be  held  in  such  city 
and  county,  city,  or  town,  and  until  their  successors  are  elected  and 
qualified.  All  the  provisions  of  sections  5  and  6  of  this  act  shall  apply 
to  such  corporation  and  to  the  officers  thereof;  provided,  that  no  prop- 
erty within  either  of  the  former  corporations  so  consolidated  shall  ever 
be  taxed  to  pay  any  portion  of  any  indebtedness  of  either  of  the  other 
of  such  former  corporations  contracted  prior  to  or  existing  at  the  date 
of  such  consolidation. 

§  9.  The  city  clerk  of  each  municipal  corporation  and  the  city  re- 
corder of  each  municipal  corporation  where  there  is  no  city  clerk  shall 
have  the  powers  and  shall  perform  the  duties  of  a  registrar  within 
such  municipality  which  are  prescribed  and  required  by  the  provisions 
of  an  act  entitled,  "An  act  for  the  registration  of  deaths,  the  issuance 
and  registration  of  burial  and  disinterment  permits,  and  the  establish- 
ment of  registration  districts  in  counties,  cities  and  counties,  cities,  and 
incorporated  towns,  under  the  superintendence  of  the  state  bureau  of 
vital  statistics  and  prescribing  the  powers  and  duties  of  registrars,  coro- 
ners, physicians,  undertakers,  sextons  and  other  persons  in  relation  to 
saeh  registration  and  fixing  penalties  for  the  violation  of  this  act." 
[New  section  approved  March  20,  1905.  Stats.  1905,  p.  408.  In  effect 
March  31st,  1905.] 

CHAPTER  IT. 

Municipal  Corporations  of  the  First  Class. 

(Cities  having  a  population  of  more  than  100,000.) 

Article  I. — General  Powers. 
First  class. 

§  19.     Every  municipal  corporation  of  the  first  class  shall  be  entitled 

the   city   and   county  of  ,  or  the   city   of  — —   (naming  it),   as   the 

case  may  be,  and  by  such  name  shall  have  perpetual  succession,  may  sue 
and  be  sued  in  all  courts  and  places,  and  in  all  proceedings  whatever; 
shall  have  and  use  a  common  seal,  alterable  at  the  pleasure  of  the  city 
authorities,  and  may  purchase,  lease,  receive,  hold,  and  enjoy  real  and 
personal  property,  and  control  and  dispose  of  the  same  for  the  common 
benefit. 

Article  II. — General  Provisions  Relating  to  Officers. 

Names,  nmnbers,  and  tenns  of  officers. 

§  20.  There  shall  be  elected  by  the  qualified  voters  of  such  city,  or 
city  and  county,  at  the  general  state  election  to  be  held  on  the  first 
Tuesday  after  the  first  Monday  of  the  month  of  November  in  each  even- 
numbered  year,  the  following  officers,  viz.:  A  mayor,  sheriff,  auditor, 
tax  collector,  treasurer,  county  clerk,  recorder,  district  attorney,  city  or 
city  and  county  attorney,  coroner,  surveyor,  superintendent  of   streets. 


Act  2348,  §§  21-24  GENERAL  LAWS.  660 

twelve  school  directors,  six  justices  of  the  peace,  public  administrator, 
and  two  police  judges,  who  shall  hold  office  for  two  years.  The  terms 
of  such  officers  shall  commence  on  the  first  Monday  after  the  first  day 
of  January -next  following  their  election.  Also,  twelve  aldermen,  in  the 
manner,  and  who  shall  hold  office,  as  provided  in  section  41  of  this 
chapter,  and  twelve  assistant  aldermen,  who  shall  hold  office  as  provided 
in  section  43  of  this  chapter. 

What  offices  kept  open. 

§  21.  The  mayor,  sheriff,  county  clerk,  county  recorder,  treasurer,  district 
attorney,  auditor,  tax  collector,  assessor,  city  or  city  and  county  attorney, 
superintendent  of  streets,  and  surveyor  shall  keep  public  offices,  which 
shall  be  kept  open  for  the  transaction  of  business  every  day  in  the 
year  except  Sundays,  Christmas,  New  Year's,  Fourth  of  July,  Thanks- 
giving, the  twenty-second  of  February,  and  on  any  days  during  which  a 
general  election  shall  be  held,  between  the  hours  of  nine  o'clock  A.  M. 
and  five  o'clock  P.  M. 

Manner  of  filling  vacancies. 

§  22.  Whenever  vacancies  occur  in  any  of  the  elective  offices  of  such 
city,  or  city  and  county,  and  provision  is  not  otherwise  made  in  this 
or  some  other  act  for  filling  the  same,  the  mayor  shall  appoint,  subject 
to  the  confirmation  of  the  board  of  aldermen,  a  person  to  discharge  the 
duties  of  such  office  until  the  next  election,  when  the  vacancy  shall  be 
filled  by  election  for  the  unexpired  term.  All  persons  so  appointed 
shall,  before  entering  upon  their  duties,  take  the  oath  of  office,  and  give 
bonds  as  required  by  law. 

What  fees  paid  out  of  treasury. 

§  23.  No  fees  or  compensation  to  be  paid  out  of  the  treasury,  other 
than  those  expressly  allowed  in  this  chapter,  shall  be  allowed  or  received 
by  any  officer  of  such  city,  or  city  and  county,  or  of  any  district,  or 
other  subdivision  thereof;  nor  shall  any  allowance  or  provision  be  made 
for  them,  or  any  of  them,  at  the  public  expense  beyond  the  fixed  com- 
pensation herein  provided  under  the  name  of  office  rent,  fuel,  lights, 
stationery,  contingencies,  extra  services,  or  otherwise,  except  the  com- 
pensation or  percentage  allowed  to  the  tax  collector  and  to  the  assessor 
in  the  collection  of  poll  taxes,  and  except  that  the  necessary  and  proper 
books,  stationery,  and  official  blanks  may,  at  the  discretion  of  the 
municipal  council,  be  purchased  and  supplied  for  all  the  courts  of  such 
city,  or  city  and  county,  its  officers,  municipal  council,  and  other  boards, 
and  officers,  the  expense  whereof,  when  the  amount  in  each  particular 
case  shall  have  been  previously  authorized  and  fixed  by  the  municipal 
council,  may  be  paid  out  of  the  general  fund,  upon  demand  upon  the 
treasury  duly  audited,  as  in  this  chapter  provided. 

Bonds,  how  given. 

§  24.  All  officers  of  such  city,  or  city  and  county,  must,  before  they 
can  enter  upon  their  official  duties,  give  a  bond  as  required  by  law.  The 
bonds  and  sureties  of  such  officers  must  be  approved  by  the  president 


661  MUNICIPAL   CORPORATION  BILL.  Act  2348.  §§  25.  26 

of  the  board  of  aldermen,  auditor,  and  a  judge  of  the  superior  court,  in 
and  for  such  city  and  county,  or  in  and  for  the  county  in  which  such 
city  may  be  situated.  When  the  amount  of  such  official  bond  is  not  fixed 
by  law,  it  shall  be  fixed  by  the  municipal  council.  No  banker  re- 
siding or  doing  business  in  such  city,  or  city  and  county,  nor  any  such 
banker's  partner,  clerk,  emploj^ee,  agent,  attorney,  father,  or  brother, 
shall  be  received  as  surety  for  the  treasurer,  mayor,  sheriff,  auditor,  or 
any  officer  having  the  collection,  custody,  or  disbursement  of  money. 
No  person  can  be  admitted  as  surety  on  any  such  bond  unless  he  be 
worth,  in  fixed  property,  including  mortgages,  situated  in  such  city,  or 
city  and  county,  the  amount  of  his  undertaking  over  and  above  all 
sums  for  which  he  is  already  liable,  or  in  any  manner  bound,  whether 
as  principal,  indorser,  or  security,  or  whether  such  prior  obligation  or 
liability  be  conditional  or  absolute,  liquidated,  or  unliquidated,  certain 
or  contingent,  due  or  to  become  due.  All  persons  offered  as  sureties  on 
official  bonds  must  be  examined  on  oath  touching  their  qualifications. 
The  official  bond  of  the  auditor  shall  be  filed  and  kept  in  the  office  of 
the  clerk  of  such  city,  or  city  and  county.  All  other  official  bonds  shall 
be  filed  and  kept  in  the  office  of  the  auditor;  provided  that  the  bonds 
and  sureties  of  the  mayor  must  be  approved  by  the  chairman  of  the 
house  of  assistant  aldermen,  auditor,  and  a  judge  of  the  superior  court 
in  and  for  such  city  and  county,  or  in  and  for  the  county  in  which  such 
city  may  be  situated;  and  that  the  bonds  and  sureties  of  the  auditor 
must  be  approved  by  the  president  of  the  board  of  aldermen,  the  chair- 
man of  the  house  of  assistant  aldermen,  and  a  judge  of  the  superior 
court  in  and  for  such  city  and  county,  or  in  and  for  the  county  in  which 
such  city  may  be  situated. 

Compensation. 

§  25.  The  compensation  or  salary  of  any  officer  provided  for  in  this 
chapter  shall  not  be  increased  or  reduced  after  his  election  or  during 
his  term  of  office. 

Salaries. 

§26.  The  salaries  of  the  officers,  clerks,  deputies,  or  employees  of 
such  city  and  county,  except  as  otherwise  in  this  chapter  provided,  shall 
be  as  follows,  and  payable  in  monthly  installments  at  the  end  of  each 
and  every  month,  viz.: 

Mayor  and  clerk. 

1.  The  salary  of  the  mayor  shall  be  four  thousand  dollars  per  annum; 
he  may  appoint  a  clerk,  to  be  known  as  the  mayor's  clerk,  whose  salary 
shall  be  one  thousand  eight  hundred  dollars  per  annum. 

Sheriff,  deputies,  attorney,  etc. 

2.  The  salary  of  the  sheriff  shall  be  six  thousand  dollars  per  annum; 
he  may  appoint  one  under-sheriff,  whose  salary  shall  be  two  thousand 
four  hundred  dollars  per  annum;  one  bookkeeper,  whose  salary  shall  be 
two  thousand  four  hundred  dollars  per  annum;  he  may  appoint  twenty- 
dve  deputies,  each  of  whom  shall  receive  a  salary  of  one  thousand  six 


A<:t  2348,  5  26  GENERAL  LAWS.  662 

hundred  dollars  per  annum,  one  of  which  said  deputies  shall  be  assigned 
to  and  perform  the  duties  of  assistant  booklieeper;  sixteen  deputies, 
whose  salaries  shall  be  one  thousand  five  hundred  dollars  per  annum; 
one  counsel,  who  shall  be  an  attorney  of  the  supreme  court  of  the  state, 
whose  salary  shall  be  one  thousand  eight  hundred  dollars  per  annum; 
one  matron,  whose  salary  shall  be  nine  hundred  dollars  per  annum;  one 
driver  of  prison  wagon,  whose  salary  shall  be  nine  hundred  dollars  per 
annum. 

Auditor  and  deputies. 

3.  The  salary  of  the  auditor  shall  be  four  thousand  dollars  per  annum; 
he  may  appoint  one  deputy,  whose  salary  shall  be  twenty-four  hundred 
dollars  per  annum;  and  two  clerks  at  a  salary  of  one  thousand  six  hundred 
dollars  per  annum  each. 

Treasurer  and  deputies. 

4.  The  salary  of  the  treasurer  shall  be  four  thousand  dollars  per  an- 
num; he  may  appoint  one  chief  deputy,  whose  salary  shall  be  two  thou- 
sand four  hundred  dollars  per  annum,  and  one  deputy,  whose  salary  shall 
be  two  thousand  one  hundred  dollars  per  annum. 

Tax  collector,  deputies,  etc. 

5.  The  salary  of  the  tax  collector  shall  be  four  thousand  dollars  per 
annum;  he  may  appoint  one  chief  deputy,  one  cashier,  each  of  whom 
shall  receive  a  salary  of  two  thousand  dollars  per  annum,  and  ten  per- 
manent deputies,  whose  salary  shall  be  one  thousand  six  hundred  dollars 
per  annum  each. 

Assessor,  deputies,  etc. 

6.  The  salary  of  the  assessor  shall  be  four  thousand  dollars  per  annum; 
he  may  appoint  one  chief  office  deputy,  one  chief  field  deputy,  and  one 
head  draughtsman,  each  of  whom  shall  receive  a  salary  of  two  thousand 
dollars  per  annum;  an  assistant  draughtsman,  who  shall  receive  a  salary 
of  one  thousand  eight  hundred  dollars  per  annum;  and  eleven  office  depu- 
ties, each  of  whom  shall  receive  a  salary  of  one  thousand  eight  hundred 
dollars  per  annum.  He  may  also  appoint  such  additional  deputies  as 
may  be  allowed  by  the  municipal  council,  at  salaries  not  to  exceed  five 
dollars  per  day  each,  for  such  time  as  they  may  be  employed. 

Recorder,  deputies,  etc. 

7.  The  salary  of  the  recorder  shall  be  three  thousand  dollars  per 
annum;  he  may  appoint  one  chief  deputy,  whose  salary  shall  be  two 
thousand  four  hundred  dollars  per  annum,  and  two  denuties,  each  of 
whom  shall  receive  a  salary  of  one  thousand  eight  hundred  dollars  per 
annum;  also,  two  porters,  who  shall  perform  the  duties  of  watchmen; 
each  of  whom  shall  receive  a  salary  of  nine  hundred  dollars  per  annum. 

County  clerk,  deputies,  etc. 

8.  The  salary  of  the  county  clerk  shall  be  four  thousand  dollars  per 
annum;    he   may   appoint   deputies   as   follows:    one   chief   deputy,  whose 


663  MUNICIPAL  CORPORATION  BILL.  Act  2348,  §  26 

salary  sliall  be  two  thousand  four  hundred  dollars  per  annum;  twelve 
courtroom  clerks,  twelve  registry  clerks,  each  of  whom  shall  receive  a 
salary  of  one  thousand  eight  hundred  dollars  per  annum;  twelve  assistant 
registry  clerks,  each  of  whom  shall  receive  a  salary  of  one  thousand 
five  hundred  dollars  per  annum;  and  twelve  copyists,  each  of  whom  shall 
receive  a  salary  of  one  thousand  six  hundred  dollars  per  annum;  and 
such  county  clerk,  when  the  exigencies  of  his  office  shall  require,  may, 
in  his  discretion,  employ  such  additional  copyists  as  shall  be  necessary, 
at  a  compensation  not  to  exceed  three  dollars  per  day  for  the  days  of 
actual  service;  provided,  said  number  shall  not  exceed  at  any  one  time 
three  copyists  for  each  judge  of  the  superior  court,  to  be  paid  from  the 
treasury  in  the  same  manner  as  the  salaries  herein  provided  for  are  to 
be  paid. 

District  attorney,  assistants,  etc. 

9.  The  salary  of  the  district  attorney  shall  be  five  thousand  dollars 
per  annum;  he  may  appoint  two  assistants,  who  shall  be  attorneys  of  the 
supreme  court  of  this  state,  each  of  whom  shall  receive  a  salary  of  two 
thousand  four  hundred  dollars  per  annum,  and  two  clerks,  who  shall  be 
attorneys  of  the  supreme  court  of  the  state,  each  of  whom  shall  receive 
a  salary  of  one  thousand  five  hundred  dollars  per  annum. 

City  and  county  attorney  and  assistants. 

10.  The  salary  of  the  city,  or  city  and  county,  attorney  shall  be  four 
thousand  dollars  per  annum;  he  may  appoint  two  assistants,  who  shall 
be  attorneys  of  the  supreme  court  of  this  state,  each  of  whom  shall  re- 
ceive a  salary  of  two  thousand  four  hundred  dollars  per  annum;  and  one 
coj-iyist,  who  shall  receive  a  salary  of  nine  hundred  dollars  per  annum. 

Coroner  and  deputies. 

11.  The  salary  of  the  coroner  shall  be  three  thousand  dollars  per 
annum;  he  may  appoint  two  deputies,  one  to  act  as  first  deputy,  whose 
salary  shall  be  one  thousand  six  hundred  dollars  per  annum,  the  other  to 
act  as  second  deputy  and  whose  salary  shall  be  one  thousand  five  hundred 
dollars  per  annum;  and  one  messenger,  to  take  charge  of  the  dead-wagon, 
and  perform  such  other  duties  as  are  required  by  the  coroner  or  his 
deputies.  The  salary  of  the  messenger  shall  be  nine  hundred  dollars  per 
annum. 

Superintendent  of  streets  and  deputies. 

12.  The  salary  of  superintendent  of  streets  shall  be  four  thousand 
dollars  per  annum;  he  may  appoint  twenty  deputies;  three  of  said  depu- 
ties shall  receive  a  salary  of  two  hundred  dollars  per  month  each,  and 
seven  of  said  deputies  shall  receive  a  salary  of  one  hundred  and  fifty 
dollars  per  month  each,  and  ten  of  said  deputies  shall  receive  a  salary 
of  one  hundred  and  twenty-five  dollars  per  month  each. 

Surveyor. 

13.  The  salary  of  the  city,  or  city  and  county,  surveyor,  shall  be  four 
thousand  dollars  per  annum;   he  may  appoint  as  many  deputies,"  not  to 


Act  2348,  §  27  GENERAL  LAWS.  664 

exceed  four,  as  the  municipal  council  shall  from  time  to  time  determine 
are  necessary,  who  shall  receive  such  comprnsation  as  such  municipal 
council  shall  provide,  not  to  exceed  the  sum  of  five  dollars  per  day  when 
actually  employed. 

Superintendeoit  of  schools. 

14.  The  salary  of  the  superintendent  of  schools  shall  be  three  thousand 
dollars  per  annum. 

Police  judge. 

15.  The  salary  of  each  of  the  police  judges  shall  be  four  thousand 
dollars  per  annum. 

Prosecuting  attorney. 

16.  The  salary  of  the  prosecuting  attorney  of  the  police  court  shall  be 
twenty-four  hundred  dollars  per  annum;  and  his  two  assistants  shall  each 
receive  a  salary  of  one  thousand  five  hundred  dollars  per  annum. 

Justices  of  the  peace. 

17.  The  salary  of  the  presiding  justice  of  the  justices'  court  shall  be 
three  thousand  dollars  per  annum;  and  each  of  the  other  justires  of  the 
peace  shall  receive  a  salary  of  two  thousand  four  hundred  dollars  per 
annum. 

Clerk  of  the  justices'  court. 

18.  The  salary  of  the  clerk  of  the  justices'  court  shall  be  two  thousand 
four  hundred  dollars  per  annum;  his  two  deputies  shall  receive  a  salary 
of  one  thousand  two  hundred  dollars  per  annum. 

Collector  of  liceaises. 

19.  The  salary  of  the  collector  of  licenses  shall  be  three  thousand 
dollars  per  annum.  He  may  appoint  one  chief  deputy,  who  shall  receive 
one  thousand  eight  hundred  dollars  per  annum,  and  twelve  deputies,  who 
shall  receive  a  salary  of  one  thousand  five  hundred  dollars  per  annum 
each. 

OfRcers  not  to  be  interested  In  contracts,  etc. 

§  27.  Any  officer  or  commissioner  of  such  city,  or  city  and  county, 
or  any  officer  or  member  of  any  house,  board,  or  department  of  the  gov- 
ernment thereof,  who  shall  be  directly  or  indirectly  interested  in,  or  a 
beneficiary  or  participant  of,  the  profits  of  any  contract  made  with  or 
for  such  city,  or  city  and  county,  or  any  board  or  department  thereof, 
or  who  shall  participate  in  the  profits  made  by  any  person  or  persons 
upon  services,  labor,  purchases,  sales,  subsistence,  supplies,  materials,  or 
any  article  or  thing  furnished  to  or  done  for  such  city,  or  city  and 
county,  or  any  institution,  public  work,  or  branch,  or  department  of  the 
government  thereof,  or  sold  by  the  same,  which  contract,  profit,  pur- 
chase, sale,  or  supply  is  made  or  could  have  been  made,  influenced,  or 
brought  about,  through  or  by  means  of  the  official  action  or  conduct  of 
Buch  officer,  commissioner,  or  member  of  such  board,  except  the  official 


665  MUNICIPAL  CORPORATION  BILL.  Act  2348,  §§  28-40 

salary  or  compensation  of  such  officer,  commissioner,  or  member  of  such 
board  or  department  provided  expressly  by  law,  shall  be  deemed  guilty 
of  a  felony,/and,  on  conviction  by  any  court  of  competent  jurisdiction, 
punished  accordingly.  Any  commissioner,  officer,  clerk,  or  other  person 
having  custody  of  or  access  to  any  bids  or  proposals,  whether  scaled  or 
otherwise,  for  supplying  or  furnishing  any  goods,  provisions,  subsistence, 
labor,  material,  printing,  or  other  thing  of  any  nature,  or  constructing, 
cleaning,  repairing  any  work  or  thing,  or  doing  or  furnishing  anything 
whatsoever  to  such  city  and  county,  or  any  department,  board,  commis- 
sioner, or  officer  thereof,  who  shall  open  or  examine  into  any  one  or  more 
of  such  bids,  proposals,  or  change,  interline,  alter,  or  otherwise  tamper 
with  the  same,  or  shall  purposely  find  out  the  contents  thereof,  or  who 
shall  aid,  abet,  assist,  or  permit  another  so  to  do,  before  or  in  advance 
of  the  time  prescribed  by  law  for  the  opening  thereof,  or  any  lawful 
postponement  of  such  time,  shall  be  deemed  guilty  of  a  felony,  and,  on 
conviction  by  any  court  of  competent  jurisdiction,  shall  be  punished 
accordingly. 

Questions  of  difference,  how  settled. 

§  28.  All  questions  of  differences  between  the  officers  of  such  city,  or 
city  and  county,  as  to  their  relative  duties,  may  be  referred  by  either 
of  them  to  the  city,  or  city  and  county,  attorney,  who  shall  examine  and 
determine  such  questions,  and  his  decision  shall  be  final  as  between  such 
officers. 

Reports  of  ofBlcers. 

§29.  The  following  officers,  and  the  heads  of  the  following  de])art- 
ments  of  such  city,  or  city  and  county,  shall  report  to  the  municipal 
council  on  or  before  the  first  day  of  August  of  each  year  the  condition 
of  their  respective  departments  during  the  fiscal  year  ending  .June  thir- 
tieth previous  thereto,  embracing  all  their  operations  and  expenditures: 
Auditor,  assessor,  tax  collector,  county  clerk,  superintendent  of  streets, 
fire  department,  hospital,  almshouse,  park  commissioners,  treasurer,  sheriff, 
county  recorder,  city,  or  city  and  county  surveyor,  license  collector,  pub- 
lic schools,  fire-alarm  and  police  telegraph,  poundkeeper,  board  of  health, 
city  or  city  and  county  attorney,  industrial  school,  police,  coroner,  health 
officer,  justices'  court,  city-hall  commissioners,  home  for  the  care  of  the 
inebriate,  board  of  election  directors,  commissioner  of  elections,  house 
of  correction,  city  cemetery,  free  public  library,  and  the  building  com- 
mittee of  the  municipal  council.  Immediately  after  the  first  Monday 
in  February,  the  mayor  and  municipal  council  shall  make  up  and  pub- 
lish an  extract  from  these  several  reports  and  other  sources,  of  the  opera- 
tions, expenditures,  and  condition  of  all  departments  of  government  of 
such  city,  or  city  and  county. 

Article  IIT. — Legislative  Department. 
Legislative  power,  how  vested. 

§40.  The  legislative  power  of  such  city,  or  city  and  county,  shall  be 
vested  in  a  body  to  be  styled  the  "municipal  council,"  which  shall  be 


Act  2348,  §§  41-45  GENERAL  LAWS.  '  666 

composed   of  two   boards   or  houses  of  legislation,  one  to  be   called  the 
"board  of  aldermen,"  and  the  other  the  "house  of  assistant  aldermen." 

Board  of  aldermen,  how  elected. 

§  41.  The  board  of  aldermen  shall  consist  of  twelve  persons,  to  be 
elected  by  general  ticket,  from  the  city,  or  city  and  county,  at  large,  the 
members  of  which  shall  hold  office  for  the  term  of  four  years,  to  com- 
mence on  the  first  Monday  after  the  first  day  of  January  next  following 
their  election,  except  that  of  the  aldermen,  who  are  elected  at  the  first 
election  under  this  chapter;  the  six  receiving  the  smallest  number  of 
votes  shall  hold  their  office  for  two  years  only;  so  that  thereafter  only 
six  shall  be  elected  every  two  years.  In  case  of  a  tie  vote  at  such  first 
election,  the  question  of  which  aldermen  shall  hold  the  full  and  which 
the  short  term  shall  be  determined  between  the  candidates  so  tied  by 
lot.  The  aldermen  shall  receive  each  a  salary  of  one  thousand  two  hun- 
dred dollars  a  year,  payable  in  monthly  installments,  out  of  the  general 
fund. 

Secretary. 

§42.  The  board  of  aldermen  shall  appoint  a  secretary,  with  a  salary 
not  to  exceed  two  hundred  dollars  a  month,  who  sliall  keep  the  records 
of  said  board.  He  shall  hold  office  during  the  pleasure  of  the  board. 
He  shall  have  power  to  administer  oaths  and  affirmations  in  all  cases, 
and  to  certify  and  authenticate  copies  of  all  records,  papers,  and  docu- 
ments in  his  official  custody,  and  shall  perform  any  other  services  re- 
quired by  the  board. 

Assistant  aldermen. 

§  43.  The  house  of  assistant  aldermen  shall  consist  of  twelve  persons, 
to  be  elected  every  two  years,  one  each  by  the  qualified  electors  of  the 
respective  wards,  into  twelve  of  which  such  city,  or  city  and  county, 
shall  be  divided  for  such  purpose.  The  assistant  aldermen  shall  hold 
office  for  the  term  of  two  years,  to  commence  on  the  first  Monday  after 
the  first  day  of  January  next  following  their  election,  and  shall  receive 
each  a  salary  of  one  thousand  two  hundred  dollars  a  year,  payable 
monthly  out  of  the  general  fund. 

Salary  of  clerk. 

§  44.  The  house  of  assistant  aldermen  may  appoint  a  clerk,  who  shall 
keep  their  records,  and  hold  office  during  their  pleasure.  He  shall  have 
.a  salary  not  to  exceed  two  hundred  dollars  a  month;  shall  have  power  to 
administer  oaths  and  affirmations,  and  to  certify  and  authenticate  all 
records,  documents,  and  papers  in  his  official  custody.  He  shall  perform 
any  other  service  required  of  him  by  the  house. 

Vacancy,  how  filled. 

§45.  Any  vacancy  occurring  in  either  board  shall  be  filled  by  the 
mayor;  and  the  person  apointcd  to  fill  such  vacancy  shall  hold  office 
till  the  next  election  by  the  people,  and  until  his  successor  is  qualified. 


667  MUNICIPAL  CORPORATION  BILL.  Act  2318,  §§  46-49 

Qualification. 

§  46.  Every  member  of  the  board  of  aldermen  shall  be  a  qualified 
voter,  at  least  twenty-five  years  of  age,  and  shall  have  been  a  citizen  of 
the  United  States  and  of  this  state,  and  a  resident  of  such  city,  or  city 
and  county,  for  three  years  next  before  his  election  or  appointment. 

Qualification. 

§  47.  Every  member  of  the  house  of  assistant  aldermen  shall  be  a 
qualified  voter,  at  least  twenty-five  years  of  ago,  shall  have  been  a 
citizen  of  the  United  States  and  of  this  state,  and  a  resident  of  such 
city,  or  city  and  county,  at  least  two  years,  and  of  the  ward  from  which 
he  is  elected  or  appointed  at  least  one  year  next  before  his  election  or 
appointment. 

Qualification. 

§48.  Every  member  of  either  branch  of  the  municipal  council  shall, 
at  all  times  during  his  incumbency  of  said  office,  possess  the  following 
qualifications:  He  shall  not  be,  directly  or  indirectly,  interested  in  any 
contract  with  such  city,  or  city  and  county,  or  any  department  or  insti- 
tution thereof.  He  shall  not  have  been  convicted  of  malfeasance  in  office, 
bribery,  or  other  corrupt  practices  or  crimes.  Any  member  who  fails  to 
possess,  or  who  shall  at  any  time  during  his  term  of  office  cease  to  pos- 
sess, any  of  the  qualifications  mentioned  in  this  act  as  a  qualification 
shall  thereby  forfeit  his  seat  in  the  board  or  house  to  which  he  belongs, 
and  the  vacancy  shall  be  filled  as  in  other  cases.  If  any  member  of 
either  branch  absent  himself  from  the  state,  or  neglect  to  attend  the 
meeting  of  the  board  or  house  to  which  he  belongs,  for  a  period  of  thirty 
days,  his  office  shall  be  declared  vacant  by  said  board,  and  a  successor 
must  be  appointed,  to  hold  till  the  next  election  by  the  people,  as  pro- 
vided in  other  cases. 

Rules  of  houses  of  aldermen. 

§  49.  Each  board  or  house  shall  elect  its  own  officers,  except  as  to  the 
presiding  officer  of  the  board  of  aldermen.  The  mayor  shall  preside  at 
all  the  sessions  of  the  board  of  aldermen,  without  the.  right  to  vote.  In 
his  absence,  during  any  session,  the  board  shall  appoint  one  of  its  mem- 
bers as  president  pro  tempore,  who  shall,  however,  have  the  same  right 
to  vote  as  other  members.  Each  house  shall  be  the  judge  of  the  election 
returns  and  qualifications  of  its  own  members,  and  may  determine  the 
rules  of  its  own  proceedings,  except  as  herein  provided.  Each  house 
shall  keep  a  record  of  its  acts,  and  allow  the  same  to  be  published,  and 
the  yeas  and  nays  on  any  question  shall,  at  the  request  of  any  member, 
be  entered  on  the  journal  of  the  house;  may  arrest  and  punish  by  fine, 
not  exceeding  five  hundred  dollars,  or  imprisonment  as  provided  by 
ordinance,  not  exceeding  thirty  days,  or  both,  any  person  not  a  member 
who  shall  be  guilty  of  disrespect  to  the  board  or  house  by  disorderly 
or  contemptuous  behavior  in  its  presence  during  its  session;  may  punish 
its  members  for  disorderly  conduct,  and,  with  the  concurrence  of  two 
thirds  of  all  the  members  elect,  may  expel  a  member. 


Aet234S,  §§  50-54  GENERAL  LAWS.  668 

Quorum, 

§  50.  The  house  of  assistant  aldermen  shall  elect  one  of  theif  own 
number  presiding  officer  of  said  house,  who  shall  be  designated  as  the 
"chairman"  thereof.  A  majority  of  the  members  of  either  house  shall 
constitute  a  quorum  to  do  business;  and  no  regulation,  resolution,  ordi- 
nance, or  order  of  either  house  can  pass  without  the  concurrence  of  a 
majority  of  all  the  members  elected  or  appointed  to  such  house;  but  a 
smaller  number  may  adjourn  from  day  to  day,  and  may  compel  the 
attendance  of  absent  members,  in  such  manner  and  under  such  penalties 
as  the  house  or  board  may  provide. 

Sessions  shall  be  public. 

§  51.  All  sessions,  acts,  and  resolutions  of  each  house  shall  be  public. 
Neither  house  shall,  without  the  consent  of  the  other,  adjourn  for  more 
than  seven  days  at  any  one  time,  nor  to  any  other  place  than  that  in 
which  the  two  houses  may  be  sitting. 

Not  eligible  to  any  other  office. 

§  52.  No  member  of  the  municipal  council  shall  during  the  time  for 
which  he  is  elected,  be  eligible  or  appointed  to  any  other  office  under  the 
city,  or  city  and  county,  except  such  offices  as  may  be  filled  by  election  by 
the  people;  nor  shall  any  member,  while  such,  be  an  employee  of  such 
city,  or  city  and  county,  or  any  board  or  department  thereof,  or  of  either 
branch  of  the  municipal  council,  in  any  capacity  whatever;  and  no  com- 
pensation shall  be  audited  or  paid  for  services  as  such  officer  or  em- 
ployee; and  no  act,  ordinance,  or  resolutions  shall  ever  be  passed  whereby 
any  member  of  either  house  shall  become  the  disbursing  officer  of  such 
city,  or  city  and  county,  or  any  board  or  department  thereof,  or  pay  out 
any  of  its  money  upon  any  pretense  whatever. 

Limitations  on  contracts. 

§  53.  No  member  of  the  municipal  council,  or  of  the  board  of  educa- 
tion, or  any  officer  of  such  city,  or  city  and  county,  or  of  any  ward 
thereof,  shall  have  any  power  to  contract  any  debt  or  liability  whatsoever 
against  such  city,. or  city  and  county,  nor  shall  tlie  people,  or  taxpayers, 
or  any  property  therein,  ever  be  liable  to  be  assessed  for  or  on  account 
of  any  debt  or  liability  hereafter  contracted,  or  attempted  to  be  con- 
tracted, in  contravention  of  this  chapter. 

Finance  committee. 

§  54.  The  municipal  council  shall  appoint  a  joint  committee  of  five, 
three  from  the  board  of  aldermen,  and  two  from  the  house  of  assistant 
aldermen,  to  be  denominated  the  "finance  committee,"  which  committee 
may  at  any  time,  and  shall  whenever  required  by  the  municipal  council, 
or  either  laranch  thereof,  investigate  the  transactions  and  accounts  of 
any  and  all  officers  appertaining  to  the  government  of  such  city,  or  city 
and  county,  having  the  collection,  custody,  or  disbursement  of  public 
money,  or  having  the  power  to  approve,  allow,  or  audit  demands  on  the 
treasurer,  and  report  thereon  to  the  municipal  council.     Said  committee 


669  MUNICIPAL  CORPORATION  BILL.  Act  234S,  §§  55-59 

shall  have  full  power  to  send  for  all  persons  and  papers,  and  enter  into, 
examine,  inquire,  and  investigate  all  offices  and  places,  to  administer 
oaths  and  affirmations,  to  examine  witnesses,  and  compel  their  attendance 
by  subpoena  and  attachment  for  contempt,  and  the  production  of  records, 
books,  and  pafiers,  and  may  imprison  in  the  city  or  county  jail  any  per- 
son refusing  to  appear  or  testify,  as  well  as  any  officer  or  person  failing 
or  refusing  obedience  to  the  orders  to  show  records,  papers,  or  books, 
or  to  testify  when  required  so  to  do.  The  sheriff  or  any  policeman  of 
such  city,  or  city  and  county,  shall  enforce  all  orders  of  said  committee, 
and  attend  upon  it  in  like  manner  as  upon  courts  of  record.  The  mayor 
may  be  present  and  participate  in  such  investigations. 

When  municipal  council  shall  meet. 

§  55.  The  municipal  council  shall  meet  on  the  first  Monday  after  the 
first  day  of  January,  and  on  the  first  Mondays  of  April,  July,  and 
October  of  each  year,  and  at  such  other  times  as  required  by  law,  and 
may  be  specially  convoked  by  the  mayor  as  herein  provided. 

Passage  of  ordinances. 

§56.  No  ordinance  shall  be  passed  except  by  bill,  and  no  bill  shall 
be  so  amended  in  its  passage  as  to  change  its  original  object.  No  bill 
shall  contain  more  than  one  subject,  which  shall  be  expressed  by  its 
title.  On  the  final  passage  of  all  bills  the  vote  shall  be  by  "yeas"  and.' 
"nays"  upon  each  bill,  separately,  and  the  names  of  the  members  voting 
for  and  against  the  same  shall  be  entered  on  the  journal.  Bills  may 
originate  in  either  house,  and  no  bill  shall  be  passed  by  either  house 
except  by  a  majority  vote  of  all  the  members  elected  or  appointed  to 
either  house. 

Amendments,  how  concurred  in. 

§  57.  No  amendments  to  bills  by  either  house  shall  be  concurred  in 
by  the  other  except  by  a  vote  of  a  majority  of  all  the  members  elected 
or  appointed  thereto,  taken  by  yeas  and  nays,  and  the  names  of  those 
voting  for  and  against  recorded  upon  the  journal  thereof;  and  reports  of 
committees  of  conference  shall  be  adopted  by  either  house  only  by  the 
vote  of  a  majority  of  all  the  members  elected  thereto,  taken  by  "yeas" 
and  "nays,"  and  the  names  of  those  voting  recorded  upon  the  journals. 

Re-enacting  ordinances. 

§  58.  No  ordinance  shall  be  revived,  re-enacted,  or  amended,  by  mere 
reference  to  its  title,  but  such  ordinance  or  section  shall  [be]  set  forth 
at  length,  as  if  it  revived,  re-enacted,  or  amended. 

Reconsideration. 

§  59.  When  a  bill  is  put  upon  its  final  passage  in  either  house,  and 
failing  to  pass,  a  motion  is  made  to  reconsider  the  vote  by  which  it  was 
defeated,  the  vote  upon  such  motion  to  reconsider  shall  be  taken  up,  and 
the  subject  finally  disposed  of  at  the  next  meeting  of  the  council,  unless 
such  house,  by  a  two-thirds  vote,  decides  to  act  upon  such  reconsideration 
at  the  same  meeting. 


Act  2348,  §§  60,61  GENERAL  LAWS.  670 

Signing  bills. 

§  60.  No  bill  shall  become  an  ordinance  until  the  same  shall  have  been 
signed  by  the  presiding  officer  of  each  of  the  two  houses  in  open  session, 
in  authentication  of  its  adoption  by  such  house.  In  signing  such  bill  for 
authentication,  the  presiding  officer  shall  call  the  attentio\i  of  the  house 
to  the  bill,  and  that  he  is  about  to  sign  it,  and  if  any  member  request, 
the  bill  shall  be  read  at  length  for  information  as  to  its  correctness  as 
enrolled.  If  any  member  object  that  the  bill  is  not  the  same  in  sub- 
stance and  form  as  when  considered  and  passed  by  the  house,  such 
objection  shall  be  passed  upon,  and  if  sustained,  the  presiding  officer 
shall  withhold  his  signature  and  the  bill  shall  then  be  corrected,  and 
finally  disposed  of,  and  signed,  before  the  house  proceeds  to  any  other 
business. 

Appropriation  bills. 

§  61.  No  general  appropriation  act  or  authorization  shall  ever  be 
passed,  but  all  appropriations  shall  be  for  the  specific  amount  of  the 
claim  to  be  paid,  and  no  more;  and  each  ordinance  or  resolution  authoriz- 
ing the  payment  of  money  shall  contain  one  claim  only,  which  shall  be 
expressed  in  the  title.  Every  ordinance  or  resolution  of  the  municipal 
council  providing  for  any  specific  improvement,  the  granting  of  any 
privilege,  or  involving  the  lease  or  appropriation  of  public  property,  or 
the  expenditures  of  public  moneys,  except  for  sums  less  than  five  hun- 
dred dollars,  or  levying  tax  or  assessment,  and  every  ordinance  or  reso- 
lution imposing  a  new  duty  or  penalty,  shall,  after  its  introduction  in 
either  house,  be  published,  with  the  "yeas"  and  "nays,"  in  a  newspaper 
doing  the  city  and  county  printing,  at  least  five  successive  days  before 
final  action  upon  the  same  by  the  house  in  which  it  was  introduced;  and 
in  case  such  ordinance  or  resolution  shall  be  amended  before  final  passage 
in  said  house,  then  the  bill  as  amended,  shall  be  so  published,  in  the 
same  manner,  before  final  action  by  such  house  thereon;  and  every  such 
ordinance,  after  the  same  shall  have  passed  both  houses,  shall,  before  it 
takes  effect,  be  presented  to  the  mayor  for  his  approval.  If  he  approves, 
he  shall  sign  it;  if  not,  he  shall  return  it  within  ten  days  to  the  house 
in  which  the  same  originated,  with  his  objections  in  writing.  Said  house 
shall  then  enter  the  objections  on  the  journal,  and  publish  them  in  the 
newspaper  doing  the  city  printing.  At  the  next  stated  meeting  there- 
after, said  house  shall  proceed  to  reconsider  such  bill.  If,  after  such 
reconsideration,  it  again  passes  both  houses  by  the  votes  of  nine  of  the 
members  elected  or  appointed  to  each  house  voting  therefor,  it  shall 
become  a  law,  notwithstanding  the  mayor's  objections.  Should  any  such 
ordinance  or  resolution  not  be  returned  by  the  mayor  within  ten  days 
after  he  receives  it,  it  shall  become  valid,  the  same  as  if  it  had  received 
his  signature.  Where  a  claim  against  the  treasury  amounts  to  more  than 
five  hundred  dollars  it  shall  not  be  lawful  to  divide  or  break  up  the  same 
into  several  sums  of  less  than  that  amount  so  as  to  evade  the  provisions 
of  this  section  concerning  claims;  and  any  effort  or  attempt  to  accomplish 
such  unlawful  division,  or  breaking  up  a  claim,  shall  be  deemed,  as  to 
every  member  of  the  municipal  council  or  other  officer  consenting  thereto, 


I 


671  MUNICIPAL  CORPORATION  BILL.  Act  2348.  §§  62-64 

or  aiding  the  same,  a  misdemeanor  in  office,  and  be  cause  for  his  removal. 
All  ordinances  authorizing  the  payment  of  any  money  out  of  the  treas- 
ury, or  any  claim  thereon,  shall  be  referred  to  the  appropriate  standing 
committee  of  the  house  where  the  bill  is  introduced,  who  shall  presout 
the  same  to  the  auditor,  in  order  that  he  may  certify  that  there  is  suf- 
ficient money  in  the  proper  fund  out  of  which  such  claim  can  lawfully 
be  paid,  and  that  such  appropriation  can  be  made  without  violating  the 
provisions  of  this  chapter;  and  until  the  auditor  certifies  in  writing, 
signed  by  his  name,  that  there  is  sufficient  money  in  the  proper  fund, 
and  that  the  authorization  can  be  made  without  violating  the  provisions 
of  this  chapter,  no  further  proceedings  shall  be  had  with  such  bill.  It 
shall  be  the  duty  of  the  auditor  with  reasonable  promptness,  to  ascertain 
the  facts,  and  to  give  the  certificate  v/hen  the  facts  warrant  him  in  doing 
so,  and  not  otherwise. 

Powers. 

§62.  The  powers  of  the  municipal  council,  and  all  other  boards,  com- 
missioners, and  officers,  are  those  specially  named  in  this  chapter,  and 
they  are   prohibited  from  exercising  any   other. 

Enacting  clause. 

§  63.     The    enacting    clause    of    ordinances    shall    be    in    the    following 

terms:   "The   municipal   council   of  the   city   and   county   of  ,   or   city 

of  (as  the  case  may  be),  hereby  ordains  as  follows." 

Further  powers. 

§  64.  The  municipal  council  shall  further  have  power  by  regulation 
or   ordinance: 

Selling  said  leasing  property. 

1.  To  provide  for  the  security,  custody  and  administration  of  all 
property  of  such  city,  or  city  and  county,  and  to  purchase  land  required 
for  municipal  purposes  without  any  power  to  sell  or  encumber  the  same, 
or  lease  any  part  thereof  for  more  than  three  years;  except,  however, 
that  such  personal  property  belonging  to  the  fire,  street,  or  other  depart- 
ments, as  they  deem  unsuited  to  the  uses  and  purposes  for  which  the  same 
was  designed,  or  so  much  worn  and  dilapidated  as  not  to  be  worth  re- 
pairing, may  be  sold  or  exchanged. 

Opening  streets. 

2.  To  provide  for  cases  omitted  in  this  chapter,  and  in  conformity 
with  the  principles  adopted  in  it,  for  opening,  altering,  extending,  con- 
structing, repairing,  or  otherwise  improving  public  streets  and  highways 
at  the  expense  of  the  property  benefited  thereby,  without  any  recourse 
in  any  event  upon  such  city,  or  city  and  county,  or  the  public  treasury, 
for  any  portion  of  the  expense  of  such  work,  or  any  delinquency  of  the 
property  holders  or  owners. 

Lighting  streets. 

3.  To  provide  for  lighting  the  streets.  But  no  contract  for  lighting 
streets  or  public  buildings  shall  ever  be  made  for  more  than  one  year  in 


Act  2348,  §  64  GENERAL  LAWS,  673 

duration;  nor  shall  any  contract  to  pay  more  for  gas  or  othor  illuminating 
material  than  is  legally  charged  to  ordinary  consumers,  or  than  the  usual 
market  rates,  be  valid. 

To  provide  water. 

4.  To  provide  water  for  all  municipal  purposes  and  to  pay  for  the 
same  where  lawful  and  necessary.  In  case  water  is  supplied  to  such  city, 
or  city  and  county,  for  municipal  purposes,  any  person,  corporation,  or 
association  holding  a  valid  franchise  under  the  laws  of  this  state  to 
collect  water  rates  for  the  use  of  water,  then  such  city,  or  city  and 
county,  when  it  is  lawful  and  necessary,  shall  pay  the  lawful  rates,  and 
no  more,  as  established  each  year  for  water  supplied  for  other  than 
municipal  purposes;  and  it  shall  not  be  lawful  to  make  any  special  con- 
tract with  such  person,  corporation,  or  association  for  water  so  as  to  vary 
from  the, rates  fixed  by  law. 

To  regulate  markets. 

5.  To  regulate  market-houses  and  market-places. 

Regulating  public  grounds. 

6.  To  provide  for  inclosing,  improving,  and  regulating  all  public 
grounds  of  such  city,  or  city  and  county. 

Establish  fire  limits,  etc, 

7.  To  prohibit  the  erection  of  wooden  buildings  or  structures  within 
any  fixed  limits  where  the  streets  have  been  established  and  graded,  or 
ordered  to  be  graded,  or  to  restrict  and  limit  the  height  of  such  buildings 
or  structures;  to  regulate  the  sale,  storage,  and  use  of  gunpowder,  and 
to  restrict  the  limits  within  which  may  be  manufactured  or  kept  giant- 
powder,  dynamite,  nitroglycerine,  or  other  explosive  or  combustible  ma- 
terials and  substances,  and  the  maintenance  of  acid  works;  and  make  all 
useful  regulations  in  relation  to  the  manufacture,  storage,  and  trans- 
portation of  all  such  substances,  and  the  maintenance  of  acid  works, 
slaughter-houses,  brick-burning,  tanneries,  and  all  other  manufactures  and 
works  of  every  description  that  may  jeopardize  the  public  safety,  and 
to  exclude  them  from  the  city,  or  city  and  county,  when  necessary,  or 
to  restrict  them,  or  any  of  them,  to  a  district.  To  make  all  necessary 
regulations  for  protection  against  fire,  as  well  as  such  rules  and  regula- 
tions concerning  the  erection  and  use  of  buildings  as  may  be  necessary 
for  the  safety  of  the  inhabitants. 

To  permit  laying  down  railroad  tracks. 

8.  To  permit  the  laying  down  of  railroad  tracks  and  the  running  of 
cars  thereon  along  any  street,  or  portion  of  street,  for  the  sole  purpose 
of  excavating  and  filling  in  a  street,  or  a  portion  of  a  street,  or  adjoining 
lots,  and  for  such  limited  time  as  may  be  necessary  for  the  purpose  afore- 
said, and  no  longer. 

Fix  penalties, 

9.  To  determine  the  fines,  forfeitures,  and  penalties  that  shall  be  in- 
curred for  the  breach  of  regulations  established  by  tlhe  said  municipal 


673  MUNICIPAL   CORPORATION  BILL.  Act  2348,  §64 

council,  and  also  for  a  violation,  of  the  provisions  of  this  chapter,  where 
no  penalty  is  allixecl  thereto  or  provided  by  law;  but  no  penalty  to  be 
imposed  shall  exceed  the  amount  of  one  thousand  dollars,  or  six  months' 
imprisonment,  or  both.  And  every  violation  of  any  lawful  order  or 
regulation,  or  ordinances  of  the  municipal  council,  is  hereby  declared  a 
misdemeanor  or  public  offense,  and  all  prosecutions  for  the  same  ehall 
be  in  the  name  of  the  people  of  the  state  of  California, 

Emplojnnent  of  prisoners. 

10.  To  regulate  and  provide  for  the  employment  of  prisoners  sentenced 
to  labor  on  the  public  works  of  such  city,  or  city  and  county,  and  to 
maintain  and  regulate  city,  or  city  and  county,  jails  and  prisons,  with 
manufacturing  or  other  laboring  establishments,  or  appliances  connected 
therewith. 

To  provide  certain  offices. 

11.  To  provide  a  suitable  office  and  jury-room  and  dead-house  or 
morgue,  with  the  furniture  necessary  to  enable  the  coroner  to  efficiently 
discharge  the  duties  of  his  office,  and  to  make  the  necessary  appropria- 
tion therefor;  and  to  audit  and  pay  for  the  necessary  expenses  of  main- 
taining the  morgue  and  offices  attached,  such  sum  as  may  be  necessary, 
not  to  exceed  seventy-five  dollars  per  month,  out  of  the  general  itrncl. 

Regulate  home  of  inebriate. 

12.  To  maintain  and  regulate  a  home  of  the  inebriate,  in  its  discretion. 

City  prison, 

13.  To  provide  and  maintain  a  city  prison. 

Improve  cemeteries. 

14.  To  maintain  and  improve  the  city  cemeteries,  and  to  pay  out  of 
the  general  fund  a  keeper  thereof,  to  be  appointed  by  the  board  of  health, 
at  a  salary  not  to  exceed  one  hundred  dollars  a  month. 

Grant  licenses. 

15.  To  license  and  regulate  hackney  carriages  and  other  public  pas- 
senger vehicles,  and  to  fix  the  rates  to  be  charged  for  the  transportation 
of  persons,  baggage,  goods,  merchandise,  and  property,  or  either,  thereon; 
and  to  license  and  regulate  all  vehicles  used  for  the  conveyance  of  mer- 
chandise, earth,  and  ballast,  or  either;  and  also  to  license  and  regulate 
persons  and  parties  employed  in  conveying  baggage,  property,  and  mer- 
chandise, or  either,  to  or  from  any  of  the  wharves,  slips,  bulkheads,  or 
railroad  stations  within  the  limits  of  such  city,  or  city  and  county;  to 
fix  and  establish  the  amount  of  every  license  paid  into  the  city,  or  city 
and  county,  treasury  for  city,  or  city  and  county,  puqjoses;  to  provide 
for  the  summary  removal  and  disposition  of  any  or  all  vehicles  found  in 
the  streets,  highways,  and  public  squares  during  certain  hours  of  the  day 
or  night,  to  be  designated  by  the  council;  and,  in  addition  to  all  other 
remedies,  to  provide  by  regulation  for  the  sale  or  other  disposition  of 
such  vehicles;  to  protect  the  public  from  injury  by  runaways,  by  pun- 
Gen.  Laws — 43 


Act  2348,  §  64  GENERAL  LAWS.  674 

ishing  persons  who  negligently  leave  horses  or  carriages  in  the  street;  to 
prescribe  the  width  of  the  tires  of  all  drays,  trucks,  and  carts,  in  accord- 
ance with  the  weight  to  be  carried  thereby,  for  the  preservation  of  the 
streets  and  highways. 

Grant  licenses. 

16.  To  regulate,  license,  and  control  the  business  of  keeping  intelli- 
gence offices,  prescribe  the  method  of  conducting  said  business,  and  to 
enforce,  by  fines  and  penalties,  the  payment  of  the  license,  and  by  any 
violation  of  the  regulation  touching  said  business.  To  license  and  regu- 
late pawnbrokers,  and  to  enact  regulations  to  protect  the  public  in  deal- 
ing with  them. 

Fix  fees. 

17.  To  fix  the  fees  and  charges  to  be  collected  by  the  surveyor  of  such 
city,  or  city  and  county,  for  certificates  or  surveys  for  buildings  or  other 
purposes,  and  to  provide  for  a  sufficient  corps  of  deputy  surveyors  to 
perform  such  work,  to  be  paid  from  such  fees  only;  also,  to  regulate  the 
fees  to  be  charged  by  the  superintendent  of  streets,  the  county  recorder, 
and  any  and  all  other  municipal  officers  where  tlieir  fees  are  not  other- 
wise fixed  by  law,  and  compel  the  payment  of  all  such  fees  and  charges 
into  the  city  and  county  treasury  into  the  proper  fund,  in  accordance 
with  the  provisions  of  this  act. 

Enforce  collection  of  certain  moneys. 

18.  To  license  and  regulate,  for  the  purposes  of  city,  or  city  and 
county,  revenue,  all  such  callings,  trades,  and  employments  as  the  public 
good  may  require  to  be  licensed  and  regulated,  and  as  are  not  prohibited 
by  law;  to  provide  for  and  enforce,  with  penalties,  or  otherwise,  the  col- 
lection and  due  payment  into  the  city,  or  city  and  county,  treasury  of  all 
moneys  so  due  or  raised,  and  to  make  all  needful  rules  and  regulations 
to  govern  the  official  conduct  and  duties  of  the  collector  of  licenses. 

Construction  of  hydrants. 

19.  To  provide  and  pay  for  the  construction  and  repair  of  hydrants, 
fire  plugs,  cisterns,  and  pumps  in  the  streets. 

Pay  for  celebrating. 

20.  To  allow  and  order  paid  out  of  the  general  fund  a  sum  not  to  ex- 
ceed three  thousand  dollars  in  any  year,  for  the  celebration  in  such  city, 
or  city  and  county,  of  the  anniversary  of  our  national  independence. 

Election  expenses. 

21.  To  allow  and  order  paid  out  of  the  general  fund  for  the  election 
expenses  of  such  city,  or  city  and  county,  not  to  exceed  forty  dollars  for 
each  election  precinct  for  each  election  in  said  city,  or  city  and  county. 

Prosecute  claims. 

22.  To  provide  ways  and  means  for  the  prosecution  of  the  claims  of 
such  city,  or  city  and  county,  to  any  land  or  other  property  or  right 
claimed  by  such  municipality. 


675  MUNICIPAL   CORPORATION  BILL.  Act  2348,  §  64 

Appoint  weigher  of  coal. 

23.  To  provide  for  the  appointment  by  the  mayor  for  a  weigher  of  coal, 
without  salary,  and  to  regulate  and  define  his  duties,  and  establish  rates 
of  charges  to  be  collected  from  persons  requiring  his  services,  and  for 
his  compensation  from  such  rates  and  charges  alone,  and  with  no  claim 
upon  such  city,  or  city  and  county. 

Abatement  of  nuisances. 

24.  To  authorize  and  direct  the  summary  abatement  of  nuisances;  to 
make  all  regulations  which  may  be  necessary  or  expedient  for  the  preser- 
vation of  the  public  health  and  the  prevention  of  contagious  diseases; 
to  provide  fines  and  penalties  against  individuals  who  may  be  guilty  of 
maintaining  any  nuisances,  and  enforcing  the  same  until  such  nuisance 
be  removed  or  abated;  to  provide  by  regulation  for  the  prevention  and 
summary  removal  of  all  nuisances  and  obstructions  in  the  streets,  alleys, 
highways,  and  public  grounds  of  such  city,  or  city  and  county,  and  to 
prevent  or  regulate  the  running  at  large  of  dogs,  and  to  authorize  the 
destruction  of  the  same  when  at  large  contrary  to  ordinance. 

Regulate  or  prohibit  houses  of  ill-fame. 

23.  To  prohibit,  suppress,  regulate,  or  exclude  from  certain  limits  all 
houses  of  ill-fame,  prostitution,  and  gaming;  to  prohibit,  suppress,  regu- 
late, or  exclude  from  certain  limits  all  occupations,  houses,  places,  pas- 
times, amusements,  exhibitions,  and  practices  which  are  against  good 
morals,  contrary  to  public  order  and  decency,  or  dangerous  to  the  public 
safety. 

Eegulate  manner  of  street  work. 

26.  To  require,  by  ordinance,  all  contractors  for  street  work,  or  other 
persons  lawfully  undertaking  to  improve,  grade,  or  alter  streets  or  pub- 
lic highways,  to  erect  fences  or  barriers,  to  keep  lights  at  night,  and  to 
take  other  necessary  precautions  to  protect  the  public  from  damage,  loss, 
or  accident  by  reason  of  such  grading,  alteration,  or  improvement,  and  to 
fix  and  prescribe  penalties  for  the  violation  of  the  provisions  of  such 
ordinance. 

Safekeeping  of  lost  property. 

27.  To  provide  for  the  safekeeping  and  disposition  of  lost,  stolen,  or  un- 
claimed property  of  every  kind,  which  may  at  any  time  be  in  the  pos- 
session or  under  the  control  of  the  police  of  such  city,  or  city  and  county. 

Suppress  public  demonstrations. 

28.  To  regulate,  and  when  necessary  to  suppress,  all  public  demonstra- 
tions and  processions  which  interfere  with  public  traffic. 

Regulation  of  fire  department. 

29.  To  appoint  a  fire  marshal.  Such  appointment  shall  be  made  on 
the  nomination  of  the  board  of  fire  underwriters  of  such  city,  or  city 
and  county,  if  such  board  shall  exist  therein.  If  more  than  one  such 
board  shall  exist  therein,  then  upon  the  nomination  of  the  board  which 


Act  2348,  §  64  GENERAL  LAWS.  676 

shall  have  been  longest  organized.  His  salary  shall  be  fixed  and  paid 
by  such  board  of  fire  underwriters.  Such  fire  marshal  shall,  before  en- 
tering upon  the  office,  take  and  subscribe  the  oath  of  office,  and  execute 
a  bond  to  the  state  of  California  in  the  sum  of  five  thousand  dollars, 
with  two  or  more  sureties,  to  be  approved  by  a  judge  of  the  superior 
court,  for  the  faithful  discharge  of  his  duties.  Any  person  aggrieved 
by  any  misconduct  of  such  marshal,  or  his  deputy,  may  bring  an  action 
in  his  own  name  upon  such  official  bond,  which  bond  shall  be  filed  in  the 
office  of  the  county  clerk.  It  shall  be  the  duty  of  such  fire  marshal  to 
attend  all  fires  which  may  occur  in  such  city,  or  city  and  county,  with 
a  badge  of  office,  conspicuously  displayed.  He  shall  take  charge  of  and 
protect  all  property  which  may  be  imperiled  at  any  such  fire,  and  safely 
keep  the  same  under  his  possession  and  control  until  satisfactory  proof 
of  ownership  be  made  thereto;  and  shall,  as  far  as  practicable,  prevent 
such  property  from  being  injured  at  such  fire,  and  direct,  when  in  his 
opinion  it  shall  be  necessary,  the  removal  of  goods,  merchandise,  and 
other  property  to  a  place  of  safety.  He  shall  be  authorized  and  empow- 
ered to  exercise  'the  functions  of  a  peace  officer  of  such  city,  or  city 
and  county.  Any  person  who  shall  willfully  hinder  or  obstruct  said  of- 
ficer in  the  lawful  discharge  of  his  duties  shall  be  deemed  guilty  of  a 
misdemeanor;  provided,  however,  that  nothing  herein  contained  shall  be 
so  construed  as  to  authorize  such  fire  marshal  to  interfere  in  any  manner 
with  the  proper  discharge  of  the  lawful  duties  and  authority  of  any  chief 
engineer  of  any  fire  department  of  such  city  and  county.  It  shall  be 
the  duty  of  such  fire  marshal  to  institute  investigations  into  the  cause 
of  such  fires  as  occur  in  such  city,  or  city  and  county;  and  for  this 
purpose  he  shall  have  power  to  issue  subpoenas  and  administer  oaths,  and 
compel  the  attendance  of  witnesses  before  him  by  attachment  or  other- 
wise. All  subpoenas  issued  by  him  shall  be  in  such  form  as  he  may  pre- 
scribe, and  shall  be  directed  to  and  served  by  any  police  officer,  or  by 
any  peace  officer  of  such  city,  or  city  and  county.  Any  witness  who 
refuses  to  attend  or  testify  in  obedience  to  such  subpoena  shall  be  deemed 
guilty  of  contempt,  and  be  punishable  by  him  as  in  cases  of  contempt  in 
justices'  courts  in  civil  cases.  He  shall  make  a  written  report  of  the 
testimony  to  the  district  attorney,  and  institute  criminal  prosecutions  in 
all  cases  in  which  there  appears  to  him  to  be  a  reasonable  and  probable 
cause  for  believing  that  a  fire  has  been  caused  by  design.  It  shall  be 
the  duty  of  such  fire  marshal  to  aid  in  the  enforcement  of  the  fire  ordi- 
nances of  such  city,  or  city  and  county,  and  for  this  purpose  he  is  duly 
authorized  to  visit  and  exam.ine  all  buildings  in  process  of  erection  or 
undergoing  repairs,  and  to  institute  prosecutions  for  all  violations  of  the 
ordinances  of  such  city,  or  city  and  county,  which  relate  to  the  erection, 
alteration,  or  repairs  of  buildings,  and  for  the  prevention  of  fires.  He 
shall  exercise  such  additional  powers  as  may  be  conferred  upon  him  by 
the  ordinances  of  such  city,  or  city  and  county,  to  enable  him  fully  to 
carry  out  the  object  and  purpose  of  his  appointment,  and  for  the  pre- 
vention of  fires.  He  shall  have  the  power  to  appoint  a  deputy,  who  may 
exei'cise  all  the  powers  and  perform  all  the  duties  of  such  marshal.     The 


677  MUNICIPAL  CORPORATION  BILL.  Act  2348,  §  64 

salary  of  such  deputy  shall  be  paid  in  the  same  manner  as  the  fire  mar- 
shal. Any  person  Avho  saves  from  fire,  or  from  a  building  endangered  by 
fire,  any  property,  and  who  willfully  neglects  for.  two  days  to  give  notice 
to  such  fire  marshal,  or  to  the  owner  of  such  property,  of  his  possession 
tliereof,  shall  be  deemed  guilty  of  grand  or  petit  larceny,  as  the  case 
may  be,  according  to  the  value  of  said  property;  and  any  person  who 
shall  be  guilty  of  false  swearing  in  any  investigation  under  this  subdi- 
vision shall  be  deemed  guilty  of  perjury,  and,  upon  conviction  thereof, 
shall  be  punished  therefor  as  in  other  cases  of  perjury.  Such  fire  mar- 
shal may  be  removed  at  any  time  by  the  same  power  or  powers  that  ap- 
pointed him.  And  in  case  of  the  removal,  resignation,  or  death  of  such 
fire  marshal,  his  successor  shall  be  appointed  in  the  same  manner  as 
hereinbefore  provided.  Such  fixe  marshal  is  hereby  authorized  and  em- 
powered to  appoint  one  or  more  persons,  during  the  time  of  fire,  for  the 
purpose  of  saving  and  protecting  property  at  such  fire,  and  until  it  shall 
be  delivered  to  the  owner  or  claimant  thereof,  and  such  person  or  per- 
sons so  appointed  shall  have,  duriug  such  period,  the  authority  and  power 
of  a  policeman  of  such  city,  or  city  and  county,  and  shall  be  known  as 
the  fire  marshal's  police;  and  each  of  such  persons  shall  weai-,  while  in 
the  discharge  of  his  duty,  conspicuously  dis])layed  on  his  person,  such 
badge  or  device  as  such  fire  marshal  shall  designate.  No  person  shall  be 
entitled  to  any  property  in  the  hands  of  such  fire  marshal,  saved  from 
fire,  until  satisfactory  proof  of  ownership  be  made,  and  until  the  actual 
expenses  incurred  by  such  officer  for  the  preservation  and  keeping  of  the 
same  shall  be  paid  to  him  by  the  owner  or  claimant  of  said  property; 
and  in  case  of  dispute  as  to  the  amount  of  such  expenses,  said  dispute 
to  be  determined  by  the  justices'  court  of  such  city,  or  city  and  county. 
Such  fire  marshal  is  hereby  duly  authorized  and  empowered  to  hold  and 
sell,  or  cause  to  be  sold,  at  public  auction,  all  property  in  his  possession, 
saved  from  a  fire  or  fires,  for  which  no  owner  can  be  found,  after  ad- 
vertising the  same  in  two  daily  newspapers  published  in  such  city,  or 
city  and  county,  for  the  period  of  thirty  days;  provided,  however,  that 
if,  upon  application  of  such  fire  marshal  to  the  police  judge,  it  shall 
appear  that  such  property  is  perishable,  such  judge  may  order  such  fire 
marshal  to  make  sale  thereof  upon  such  notice  as  in  the  opinion  of  such 
judge  may  be  reasonable.  The  proceeds  of  all  such  sales,  together  with 
an  account  thereof,  after  deducting  all  expenses,  shall  be  by  him  de- 
posited with  the  treasurer  of  such  city,  or  city  and  county,  to  be  held  by 
such  treasurer,  subject  to  the  claim  of  the  owner  of  such  property.  Such 
fire  marshal  shall,  from  time  to  time,  file  with  the  clerk  of  such  city,  or 
city  and  county,  under  oath,  a  statement  and  description  of  all  property 
in  his  possession,  or  under  his  control  and  sold  by  him,  together  with  the 
amount  of  money  by  him  deposited  with  the  treasurer  of  such  city,  or 
city  and  county. 

Maintain  fire-alarm. 

30.  To  maintain  a  fire-alarm  and  police  telegraph  in  such  city,  or  city 
and  county. 


Act  2348,  §  G4  GENERAL  LAWS.  678 

Eegulate  driltins  of  sand, 

31.  To  require  the  owners  of  lots  to  prevent  sand  from  drifting,  being 
blown,  or  otherwise  moved  therefrom,  into  or  deposited  upon  any  paved, 
planked,  or  mxacadamized  street,  alley,  place,  park,  thoroughfare,  or  other 
public  property,  and  to  enforce  all  such  regulations  by  sufficient  fines 
and  penalties. 

Maintain  house  of  correction. 

32.  To  maintain,  regulate,  govern,  manage,  and  carry  on  a  house  of 
correction,  and  to  utilize  therein  and  thereby  the  labor  of  all  persons 
committed  to  the  jail  or  house  of  correction  of  such  city,  or  city  and 
county,  by  the  police  courts  and  the  superior  courts;  to  prescribe  rules 
of  commitment  and  detention  of  prisoners,  hours  of  labor,  and  all  neces- 
sary^ rules,  regulations,  and  restrictions  for  the  proper  operation  of  said 
institution.  All  prisoners  sentenced  to  a  term  in  the  county  jail,  or 
house  of  correction,  shall  be  deemed  to  have  been  sentenced  to  labor  dur- 
ing such  term.  The  judges  of  police  courts  and  of  the  superior  courts  in 
such  ci'ty  or  city  and  county,  may  sentence  criminals  to  the  house  of  cor- 
rection when,  in  the  judgment  of  such  judge,  the  criminal  is  too  young 
to  be  sentenced  to  the  state  prison,  or  when  it  is  deemed  better  for  the 
well-being  of  the  prisoner.  No  pers'on  shall  be  sentenced  to  imprison- 
ment in  the  house  of  correction  for  a  shorter  or  longer  term  than  that 
for  which  he  might  be  sentenced  in  the  jail  of  such  city,  or  city  and 
county,  or  in  the  state  prison;  and  in  no  case  whatever  for  a  shorter  term 
than  three  months  nor  for  a  longer  term  than  three  years.  No  person 
who  might  be  sentenced  to  imprisonment  in  the  state  prison  shall  be  sen- 
tenced to  imprisonment  in  the  house  of  correction  if  he  is  more  than 
twenty-five  years  of  age,  if  he  has  been  once  before  convicted  of  a 
felony,  or  twice  before  convicted  of  petit  larceny,  nor  unless,  in  the 
opinion  of  the  court,  imprisonment  in  the  house  of  correction  will  be 
more  for  his  interest  than  imprisonment  in  the  state  prison,  and  equally 
for  the  interest  of  the  public.  The  fact  of  a  previous  conviction  may 
be  found  by  the  court  upon  evidence  introduced  at  the  time  of  sentence. 
The  board  of  aldermen  of  the  city,  or  city  and  county,  shall  appoint  a 
competent  superintendent  of  the  house  of  correction  of  such  city  and 
county,  who  shall  also  be  treasurer  of  said  house  of  correction,  and  who 
shall  give  good  and  sufficient  bonds,  in  a  sum,  and  with  sureties,  to  be 
approved  by  said  board  of  aldermen,  for  the  faithful  discharge  of  his 
duties,  and  to  whom  shall  be  paid  a  salary,  to  be  fixed  by  them,  not  to 
exceed  two  hundred  and  fifty  dollars  per  month,  payable  monthly.  Said 
superintendent  shall  only  be  removed  for  just  and  sufficient  legal  cause, 
after  a  fair  and  impartial  investigation  of  his  case  by  said  board  of 
aldermen.  He  shall,  immediately  after  his  appointment,  and  when  au- 
thorized by  said  board  of  aldermen,  appoint,  subject  to  the  approval 
thereof,  such  subordinates  as  may  be  deemed  necessary  by  the  board  of 
aldermen;  and  the  pay  of  such  subordinates  shall  be  fixed  by  said  board 
of  aldermen,  not  exceeding  one  hundred  dollars  per  month  to  each  party 
so  appointed.  The  superintendent  shall  manage  the  general  interests  of 
the  institution:  see  that  its  affairs  are  conducted  in  accordance  with  the 


679  MUNICIPAL  CORPORATION  BILL.  Act  2348,  §  64 

requirements  of  tins  chapter  and  of  such  by-laws  as  the  board  of  alder- 
men may  from  time  to  time  adopt  for  the  orderly  and  economical  man- 
agement of  its  concerns;  to  see  that  strict  discipline  is  maintained 
therein;  to  provide  employment  for  the  inmates;  adjust  and  certify  all 
claims  against  the  institution.  And  all  by-laws  made  by  said  board  of 
aldermen  for  the  management  of  said  institution,  and  not  contrary  to 
the  laws  of  this  state,  shall  be  binding,  in  all  respects,  upon  said  super- 
intendent, olEcers,  and  inmates;  and  said  superintendent  shall  each  year 
prepare  and  submit,  under  oath,  to  the  board  of  aldermen  a  report  of  the 
concerns  of  said  institution.  The  superintendent  shall  reside  at  the 
house  of  correction,  have  charge  of  its  inmates  and  property,  and  be  its 
treasurer;  keep  accounts  of  all  his  receipts  and  expenditures,  and  of  all 
such  property  and  account  in  such  manner  as  the  said  municipal  council 
may  require,  and  hold  all  books  and  papicrs  open  to  their  inspection. 

Maintain  an  industrial  school. 

33.  To  maintain  and  regulate  an  industrial  school  for  the  detention, 
management,  reformation,  education,  and  maintenance  of  such  children, 
under  the  age  of  eighteen  years,  as  shall  be  committed  or  surrendered 
thereto  by  the  courts  of  such  city,  or  city  and  county,  as  vagrants,  living 
an  idle  or  dissolute  life,  or  who  shall  be  convicted  by  the  police  or  su- 
perior court  of  any  crime  or  misdemeanor,  or  who,  being  tried  for  any 
crime  or  misdemeanor  in  such  court,  shall  be  found  to  be  under  fourteen 
years  of  age,  and  to  have  done  an  act  which,  if  done  by  a  person  of  full 
age,  would  be  a  crime  or  misdemeanor;  and  said  council  is  empowered 
to  regulate  the  commitment,  detention  and  discharge  of  such  children, 
and  to  designate  and  prescribe  the  causes,  terms,  and  conditions  thereof; 
and  the  said  police  court  and  superior  court  shall  have  power  to  adjudge 
that  such  persons  so  convicted  shall  be  so  imprisoned;  and  persons  so 
convicted  shall  remain  at  said  industrial  school  until  he  or  she  shall 
attain  majority,  unless  a  shorter  time  shall  be  fixed  by  said  court  in  the 
commitment.  Such  children  shall  be  kept  at  such  employments  and  be 
instructed  in  such  branches  of  useful  knowledge  as  may  be  suitable  to 
their  age  and  capacity.  The  municipal  council  may  provide  for  binding 
out  such  children  as  apprentices  during  their  minority,  to  learn  proper 
trades  and  employments.  There  shall  be  a  superintendent  of  said  in- 
dustrial school,  to  be  appointed  by  the  board  of  aldermen.  He  shall  be 
deemed  a  public  officer,  whose  salary  shall  not  exceed  two  hundred  and 
fifty  dollars  per  month,  and  such  other  employees  as  may  be  necessary, 
with  salary  not  to  exceed  one  hundred  dollars  per  month  each.  Such 
police  and  superior  court,  or  either  of  them,  upon  the  application  of  the 
board  of  aldermen,  and  upon  its  certificate  that  it  is  expedient  to  do  so, 
shall  have  power  to  discharge  any  child  committed  to  said  industrial 
school,  and  who  is  not  bound  out  as  an  apprentice,  or  adopted,  and  may 
in  like  mimner  discharge  such  child  upon  the  application,  in  writing, 
of  the  parents  or  guardian  of  such  child,  who  shall  not  have  been  bound 
out  or  adopted,  and  after  ten  days'  notice,  in  writing,  to  the  board  of 
aldermen,  if,  upon  the  hearing  of  the  application,  such  police  court  or 
superior  court  shall  consider  that  such  discharge  is  expedient. 


Act  2348,  §  64  GENERAL  LAWS.  680 

Maintain  almshouse,  etc. 

34.  To  establish  and  maintain  an  almshonse,  a  city  and  county  hospital, 
a  smallpox  hospital,  and  such  other  institutions  of  the  same  character 
as  are  or  may  be  necessary,  and  to  perpetuate  such  institutions  as  may 
have  been  heretofore  established  in  such  cities,  or  cities  and  counties, 
heretofore  incorporated. 

Payment  of  judgment. 

35.  To  order  paid  out  of  the  general  fund  any  final  judgment  against 
such  city,  or  city  and  county. 

Public  pound. 

36.  To  maintain,  regulate,  and  govern  a  public  pound,  fix  the  limits 
within  which  animals  shall  not  run  at  large,  and  appoint  poundkeepers, 
who  shall  be  paid  for  out  of  the  fines  imposed  and  collected  of  the 
owners  of  impounded  animals,  and  from  no  other  source. 

Improvement  of  waterfront. 

37.  To  allow  and  order  paid  out  of  the  street  department  fund  such 
sums  as  may  be  deemed  necessary  for  improvement  of  streets  bordering 
on  the  waterfront,  and  improvement  of  sewers  and  streets  in  front  of 
public  property. 

Burial  of  indigent  dead. 

38.  To  allow  and  order  paid  out  of  the  general  fund  such  sums  as  may 
be  necessary  for  burying  the  indigent  dead. 

Pay  of  special  counsel. 

39.  To  allow  and  order  paid  out  of  the  general  fund  such  sums,  not 
to  exceed  five  thousand  dollars  in  any  one  fiscal  year,  as  may  be  deemed 
necessary  for  the  employment  of  special  counsel. 

Enact  certain  regulations. 

40.  To  enact  such  general  and  special  police  regulations  for  such  city, 
or  city  and  county,  as  shall  secure  the  health,  comfort,  and  security  of 
the  inhabitants,  the  safety  and  security  of  property  and  life,  and  to 
enforce  the  same  therein. 

Regulation  of  offices  and  departments. 

41.  To  make  needful  rules  and  regulations  for  the  administration, 
care,  and  maintenance  and  conduct  of  all  departments  and  ofiices  of 
such  city,  or  city  and  county,  when  not  otherwise  in  this  chapter  pro- 
vided for.  so  as  to  secure  more  perfect  safety  of  the  public  funds,  and 
greater  efficiency  in  all  departments  of  the  service,  and  to  enforce  the 
observation  of  such  rules  and  regulations,  and  to  authorize  the  appoint- 
ment of  such  additional  clerks,  assistant  deputies,  and  employees  as  in 
their  judiiment  may  be  necessary  for  the  proper  discharge  of  the  duties 
of  such  offices  and  departments. 

General  fund. 

42.  To  appropriate  the  moneys  derived  from  the  revenue  of  such 
city,   or   city   and   county,   to   a   general   fund,   and   such   funds   as    have 


681  MUNICIPAL   CORPORATION  BILL.  Act  2348,  §64 

been  heretofore  or  shall  be  hereafter  established  by  law,  or  the  said 
council,  and  as  shall  be  necessary  for  the  proper  and  economical  admin- 
istration of  such  city,  or  city  and  county. 

Free  library. 

43.  To  establish,  maintain,  and  regulate  free  public  librnrios  and 
reading-rooms,  and  to  perpetuate  such  free  libraries  and  reading-rooms 
as  may  have  been  heretofore  established  in  such  cities,  or  cities  and 
counties,  heretofore  incorporated. 

Law  library. 

44.  To  provide,  fit  up,  and  furnish,  and  provide  with  fuel,  lights, 
stationery,  and  all  necessary  attendance,  conveniences,  and  care,  rooms 
convenient  and  accessible  to  the  courts,  sufficient  for  the  use  and  accom- 
modation of  a  law  library  and  those  who  have  occasion  to  use  it,  and 
approved  by  the  officers  having  the  government  of  said  library,  and 
to  perpetuate  and  in  the  same  manner  provide  for  any  law  library 
now  existing  in  such  city,  or  city  and  county,  the  use  of  which  has 
been  secured  by  law  to  the  courts,  the  bar,  and  the  city,  or  city  and 
county  government.  The  municipal  council  shall  have  power,  and  it 
shall  be  their  duty,  to  appropriate,  allow,  and  order  paid  out  of  the 
proper  fund  such  sums  as  may  be  necessary  therefor. 

Medical  dispensary. 

45.  To  establish  and  maintain  a  free  medical  dispensary,  and  to  per- 
petuate any  such  heretofore  existing  in  such  city,  or  city  and  county. 

Building  committee. 

46.  To  appoint  a  committee  of  five,  three  from  the  board  of  aldermen 
and  two  from  the  house  of  assistant  aldermen,  to  be  denominated  the 
"Building  Committee,"  to  superintend  the  construction  of  buildings  here- 
after to  be  constructed  for  such  city,  or  city  and  county,  or  now  in 
progress  of  construction  therefor,  and  to  appoint  a  secretary  for  such 
committee,  and  to  fix  his  compensation,  and,  if  necessary,  also  to  ap- 
point a  superintendent  and  architect  therefor,  fix  their  respective  com- 
pensation, and  require  of  such  superintendent  and  architect  to  execute 
bonds,  with  two  sureties,  conditioned  for  the  faithful  performance  of 
their  duty,  in  such  sums  as  may  be  deemed  necessary. 

Division  of  city  into  wards. 

47.  To  divide  the  city,  or  city  and  county,  by  ordinance,  into  twelve 
wards,  to  fix  the  boundaries  thereof,  and  to  change  the  same  from  time 
to  time;  provided,  that  no  change  in  the  boundaries  of  any  ward  shall 
be  made  within  sixty  days  next  before  the  date  of  said  general  election, 
nor  within  twenty  months  after  the  same  shall  have  been  established  or 
altered. 

Levy  and  collection  of  revenue. 

48.  To  provide  for  the  levy,  collection,  and  appropriation  of  revenue 
heretofore  by  law  provided  to  be  collected  for  the  erection  and  comple- 


Act  2348,  §§  65-67  GENERAL  LAWS.  682 

tion  of  any  public  building  in  and  for  such  city,  or  city  and  county,  in 
the  manner  as  heretofore  provided  by  any  law  of  this  state  for  the  levy, 
collection,  and  appropriation  of  the  same. 

Board  of  equalization. 

§  65.  The  municipal  council  shall  constitute  a  board  of  equalization 
for  such  city,  or  city  and  county,  and  as  such  shall  have  the  powers  con- 
ferred by  the  general  laws  regulating  the  assessment  and  collection  of 
taxes,  when  not  inconsistent  with  the  provisions  of  this  chapter. 

Definition  of  public  streets. 

§66.  All  the  streets,  lairds,  alleys,  places,  or  courts,  as  laid  down  on 
the  official  map  of  such  city,  or  city  and  county,  and  all  other  streets, 
lanes,  alleys,  places  or  courts  now  dedicated  or  open  to  public  use,  are 
hereby  declared  to  be  open  public  streets,  lanes,  alleys,  places  or  courts 
for  the  purpose  of  this  chapter;  and  the  municipal  council  is  invested 
with  jurisdiction  to  order  any  of  the  work  mentioned  in  section  67  of 
this  act  to  be  done  on  any  of  said  streets,  lanes,  alleys,  places,  or  courts, 
when  the  grade  and  width  of  said  streets,  lanes,  alleys,  places,  or  courts 
have  been  ofhcially  established;  and  for  the  purposes  of  this  chapter  the 
grade  of  all  intermediate  or  intersecting  streets,  lanes,  alleys,  places,  or 
courts  in  any  one  block  shall  conform  bo  the  grades  as  established  of  the 
crossings  of  the  main  streets. 

Grading  streets. 

§67.  The  municipal  council  is  hereby  authorized  and  empowered  to 
order  the  whole  or  any  portion  of  the  said  streets,  lanes,  alleys,  places, 
or  courts  graded  or  regraded  to  the  official  grade,  planked  or  replanked, 
paved  or  repaved,  macadamized  or  remacadamized,  piled  or  repiled,  capped 
or  recapped,  and  to  order  sidewalks,  sewers,  cess-pools,  manholes,  cul- 
verts, curbing,  and  cross-walks  to  be  constructed,  and  to  order  any 
streets  and  sewers  cleaned,  and  to  order  any  other  work  to  be  done 
which  shall  be  necessary  to  make  and  complete  the  whole  or  any  por- 
tion of  said  streets,  lanes,  alleys,  places,  or  courts,  and  they  may  order 
any  of  the  said  work  to  be  improved;  and  when  any  street,  or  por- 
tion of  a  street  has  been  or  shall  hereafter  be  constructed  to  the  satis- 
faction of  the  municipal  council  and  the  superintendent  of  streets,  and 
shall  have  a  brick  sewer,  or  cement  or  iron-stone  pipe  constructed  therein, 
under  such  regulations  as  said  municipal  council  shall  adopt,  the  same 
shall  be  accepted  by  it,  and  thereafter  shall  be  kept  open  and  improved 
by  such  city,  or  city  and  county,  the  expense  thereof,  together  with  all 
work  done  in  front  of  city,  or  city  and  county,  property,  to  be  paid 
out  of  the  street  department  fund,  or  other  proper  fund;  provided,  that 
the  municipal  council  shall  not  accept  of  any  portion  of  the  street  less 
than  the  entire  width  of  the  roadway  (including  the  curbing  and  one 
block  in  length,  or  one  entire  crossing);  and  provided  further,  that  it 
may,  partially  or  conditionally,  accept  any  street,  or  portion  of  a  street, 
without  a  sewer  or  pipe  therein  as  above  stated,  if  a  sewer  or  pipe 
therein  shall  be  deemed  by  them  unnecessary;  but  the  lots  of  land  pre- 


G83  MUNICIPAL   CORPORATION  BILL.  Act  2348,  §  68 

viously  assessable  for  the  cost  of  construction  of  a  sewer  or  pipe  shall 
still  remain  and  be  assessable  for  sueh  cost,  and  for  the  cost  of  repair 
and  restoration  of  the  street  damaged  in  the  said  construction,  when 
thereafter  a  sewer  or  pipe  shall  be  deemed  necessary,  the  same  as  if  no 
partial  or  conditional  acceptance  had  ever  been  had.  The  said  super- 
intendent of  streets  shall  keep  in  his  office  a  register  of  all  accepted 
streets,  the  same  to  be  indexed  so  that  reference  may  be  easily  had 
thereto. 

Special  assessment  for  work  on  private  property. 

§  68,  The  municipal  council  may  order  work  authorized  by  this  chap- 
ter, the  cost  and  expense  of  which  is  made  chargeable,  or  may  be  assessed 
upon  private  property  by  special  assessment,  to  be  done,  after  notice 
of  its  intention  so  to  do  in  the  form  of  a  resolution  describing  the  work, 
and  signed  by  the  clerks  of  both  branches  of  the  municipal  council,  has 
been  published  for  the  period  of  five  days  in  the  paper  doing  the  print- 
ing for  such  city,  or  city  and  county, 'and  also  in  two  daily  newspapers, 
one  of  which  newspapers  shall  be  published  as  a  morning  edition  and 
one  as  an  evening  edition,  printed  and  published  in  such  city,  or  city 
and  county,  for  five  days,  Sundays  and  nonjudicial  days  excepted;  pro- 
vided, that  no  such  notice  shall  be  given  or  order  made  for  the  grading 
of  any  street,  unless  the  majority  of  the  frontage  of  the  lots  and  land 
fronting  on  the  work  proposed  to  be  done,  and  described  in  said  resolu- 
tion, or  which  is  to  be  made  liable  for  such  grading,  except  public  prop- 
erty, shall  have  been  represented  by  the  owners  thereof,  or  by  their 
agents,  in  a  petition  to  the  said  municipal  council,  stating  that  they  are 
the  owners  and  in  possession  or  agents  of  the  lots  named  in  the  petition, 
and  also  requesting  that  such  improvements  or  street  work  shall  be  done. 
All  owners  of  lands,  or  lots,  or  portions  of  lots,  who  may  feel  aggrieved, 
or  have  objection  to  the  ordering  of  the  work  described  in  said  notice, 
or  who  may  have  objection  to  any  of  the  subsequent  proceedings  of  the 
muni'cipal  council  in  relation  to  the  work  mentioned  in  such  notices  of 
intention,  or  may  have  any  objections  to  any  of  the  acts  of  the  super- 
intendent of  streets,  and  the  city,  or  city  and  county,  surveyor  of  such 
city,  or  city  and  county,  in  the  discharge  of  any  of  the  obligations  or 
duties  imposed  upon  him  or  them  by  virtue  of  their  offices,  shail  file  with 
the  clerk  of  either  branch  of  the  municipal  council  a  petition  or  remon- 
strance, wherein  they  shall  set  forth  in  what  respect  they  feel  aggrieved, 
or  the  acts  or  proceedings  to  which  they  object,  which  petition  or 
remonstrance  shall  be  passed  upon  by  the  municipal  council,  and  its 
decisions  thereon  shall  be  final  and  conclusive;  but  the  municipal  council 
shall  not  order  the  work  described  in  said  notices  to  be  done  unless  all 
objections  and  protests,  that  may  have  been  presented  and  filed  as  afore- 
said shall  have  been  by  them  disposed  of.  Should  the  owners  or  agents 
of  more  than  one-half  in  frontage  of  the  lots  and  lands  fronting  on  the  work 
proposed  to  be  done,  and  designated  in  said  notice  of  resolution  or  liable  to 
be  assessed  for  work,  file  with  the  clerk  of  either  branch  of  the  municipal 
council  written  objections  against  any  grading  described  in  said  notice,  at 
any  time  before  the  expiration  of  the  publication  of  said  notice  of  intention, 


Act  2348,  §  69  GENERAL  LAWS.  684 

and  the  publication  thereof,  as  hereinbefore  provided,  then  and  thereupon 
the  municipal  council  shall  be  barred  from  proceeding  further  for  the  period 
of  six  months,  and  shall  not  renew  the  notice  of  intention  for  doing  any 
street  work  so  protested  against  within  six  months,  unless  the  owners  or 
agents  of  a  majority  of  the  frontage  of  the  lots  and  land  fronting  on 
said  street  work,  or  liable  to  be  assessed  therefor  as  aforesaid,  shall 
petition  anew  for  the  work  to  be  done.  At  the  expiration  of  any  notice 
of  intention,  the  municipal  council  shall  be  deemed  to  have  acquired 
jurisdiction  to  order  any  work  to  be  done  which  is  authorized  by  this 
chapter;  and  it  is  further  provided,  that  where  any  public  street  shall 
have  been  graded,  or  graded  nnd  macadamized,  or  graded  and  paved,  for 
the  distance  of  one  or  two  blocks  upon  each  side  thereof  of  any  one  or 
two  blocks  or  crossing  of  a  street  which  is  not  improved,  it  shall  be 
the  duty  of  the  municipal  council,  upon  the  recommendation  of  the  super- 
intendent of  streets,  to  order  the  notice  provided  in  this  section  to  be 
given  without  the  petition  provided  first  aforesaid;  and  if  the  owners  of 
three-fourths  of  the  frontage  of  the  land  and  lots  fronting  on  such  por- 
tions of  said  streets  to  be  graded  or  improved  shall,  within  the  time 
prescribed  in  said  notice,  file  written  objections  to  the  improvement  of 
the  said  street,  such  objection  shall  be  a  bar  for  six  months  for  the 
doing  of  said  work  or  making  said  improvement,  except  when  the  work 
or  improvement  proposed  to  be  done  is  the  construction  of  sewers,  man- 
holes, culverts,  cross-walks,  and  sidewalks,  the  municipal  council  shall 
duly  consider  said  objections  before  ordering  said  work;  and  if  it  shall 
decide  and  declare  by  an  entry  in  the  minutes  of  both  branches  thereof 
that  the  objections  so  made  are  not  good,  thereupon  it  shall  be  deemed 
to  have  acquired  jurisdiction  to  order  any  such  street  work  to  be  done 
that  is  described  in  said  notice;  provided  further,  that  when  one-half 
or  more  of  the  grading,  planking,  macadamizing,  paving,  sidewalking,  or 
sewering  of  any  one  street,  lying  between  two  main  street-crossings, 
has  been  alreacly  performed,  the  municipal  council  may  order  the  re- 
mainder of  such  grading,  planking,  macadamizing,  paving,  sidewalking, 
or  sewering  to  be  done,  notwithstanding  the  objections  of  any  or  all  of 
the  property  owners. 

Manner  of  compelling  certain  street  work  to  be  done. 

§  69.  The  owners  of  more  than  one-half  in  frontage  of  lots  and  lands 
fronting  on  any  street,  lane,  alley,  place,  or  court,  mentioned  in  section 
06  of  this  act,  or  their  duly  authorized  agents,  may  petition  the  said 
municipal  council  to  order  any  of  the  work  mentioned  in  section  67 
of  this  act  to  be  done;  and  the  said  board  may  order  the  work  mentioned 
in  said  petition  to  be  done,  after  notice  of  their  intention  so  to  do  has 
been  published  as  provided  in  section  68  of  this  act.  No  order  or  per- 
mission shall  be  given  to  grade,  or  pile  and  cap,  any  street,  lane,  alley, 
place,  or  court,  in  the  first  instance,  or  any  portion  thereof,  without 
extending  or  completing  the  same  throughout  the  whole  width  of  said 
street,  lane,  alley,  place,  or  court.  When  any  such  work  has  heretofore 
been  done,  or  when  any  such  work  shall  hereafter  be  done,  in  violation 
of  this  section,  neither  the  lots  nor  portions  of  lots  in  front  of  which 


685  MUNICIPAL  CORPORATION  BILL.  Act  2348,  §§  70,  71 

such  work  has  been  or  may  be  done  hereafter,  nor  the  owners  thereof, 
shall  be  exempt  from  assessments  made  for  the  payment  of  the  work 
afterwards  done  to  complete  said  street,  lane,  alley,  place  or  court  to  its 
full  width,  as  provided  in  this   chapter. 

May  be  transmitted. 

§  70.  At  the  expiration  of  publication  of  such  notice,  the  clerk  of 
either  branch  of  the  municipal  council  shall  cause  to  be  transmitted  to 
the  city,  or  city  and  county,  surveyor,  and  to  the  superintendent  of 
streets  of  such  citj^  or  city  and  county,  a  copy  of  the  resolution,  order 
or  ordinance  authorizing  the  said  street  work.  The  said  surveyor  shall 
thereupon,  within  fifteen  days  from  the  completion  of  the  publication 
mentioned  in  the  last  section,  transmit  to  said  municipal  council  a  map 
of  the  district  to  be  benefited  by  said  street  improvement;  which  map 
shall  show  the  relative  location  of  each  lot  to  the  work  proposed  to  be 
done,  and  be  signed  by  said  surveyor.  The  superintendent  of  streets 
shall  also  thereupon,  within  fifteen  days  from  the  completion  of  said 
publication,  transmit  to  the  municipal  council  an  estimate  of  the  cost 
and  expense  of  said  improvement,  which  said  estimate  shall  contain  the 
items  composing  the  gross  sum  estimated,  and  shall  be  signed  by  said 
superintendent. 

Adoption  or  modification  of  map. 

§  71.  The  municipal  council  shall,  at  the  first  meeting  after  the  receipt 
of  such  map  and  estimate,  or  as  soon  as  may  be  practicable,  either  adopt, 
modify,  or  reject  the  same,  and  after  its  final  action  upon  said  map 
and  estimate,  the  same  shall  be  transmitted  to  said  superintendent  of 
streets,  who  shall  record  the  same  in  a  book  to  be  kept  by  him  for  such 
purpose;  and  the  said  superintendent  shall  forthwith  prepare  plans  and 
specifications  for  such  street  work,  and  the  clerk  of  either  branch  of 
the  municipal  council  shall  cause  to  be  conspicuously  posted  in  the  office 
of  said  superintendent,  and  also  published  for  five  days  (nonjudicial  daj-s 
excepted)  in  the  newspapers  hereinbefore  mentioned,  a  notice  inviting 
sealed  proposals  to  contract  for  the  work  contemplated  to  be  performed; 
such  work  not  to  be  performed,  nor  any  contract  for  the  same  made  or 
entered  into,  until  after  the  moneys  sufficient  for  the  payment  of  the 
costs  and  expenses  thereof  shall  have  been  levied,  collected,  and  paid 
into  the  treasury  of  such  city,  or  city  and  county,  as  hereinafter  pro- 
vided; which  notice  shall  substantially  contain  the  plans  and  specifica- 
tions above  mentioned;  and  all  notices,  resolutions,  and  orders  required 
to  be  posted  or  published  under  the  provisions  of  this  chapter  shall  be 
posted  or  published,  or  both  posted  and  published,  as  the  law  may  re- 
quire, by  said  clerk,  as  a  matter  of  course,  and  without  any  special 
direction  or  authority  from  said  municipal  council.  The  said  super- 
intendent shall  furnish  specifications  for  the  performance  of  any  and 
all  street  work  ordered  by  the  municipal  council  and  authorized  by  this 
chapter,  and  the  time  within  which  said  work  must  be  completed  after 
entering  into  the  contract  for  doing  the  same.  All  proposals  shall  be 
delivered  to  the  clerk  of  either  branch   of  the   municipal   council,   and 


Alt  2348,  §71  GENERAL  LAWS.  686 

the  house  of  which  he  is  the  clerk  shall,  in  open  session,  open,  examine, 
and  publicly  declare  the  same;  and  all  proposals  shall  be  for  a  price 
payable  in  gold  coin  of  the  United  States;  provided,  said  municipal 
council  may  reject  any  and  all  proposals  should  they  deem  it  for  the 
public  good,  and  also  may  reject  the  proposals  of  any  party  who  may 
be  proved  delinquent  or  unfaithful  with  any  former  contract  with  such 
city,  or  city  and  county;  and  if  all  proposals  shall  be  rejected,  the 
municipal  council  shall  direct  the  clerk  of  either  house  thereof  to  again 
post  said  notice,  and  publish  the  same  as  in  the  first  instance.  All  pro- 
posals shall  be  accompanied  with  a  bond  to  such  city,  or  city  and 
county,  to  be  approved  by  the  clerk  of  either  house  of  said  municipal 
council,  in  the  sum  of  one  thousand  dollars,  and  in  such  additional 
amount  as  may  be  fixed  by  said  superintendent  of  streets,  with  two  good 
and  sufficient  sureties,  who  must  be  freeholders  of  such  city,  or  city  and 
county,  said  sureties  to  justify  in  double  the  amount,  conditioned  that 
the  party  making  such  proposal  shall,  or  will,  within  ten  days  after 
notice  from  said  superintendent  that  the  moneys  for  the  cost  and  ex- 
penses for  such  work  have  been  paid  into  the  treasury,  enter  into  a 
contract  with  such  city,  or  city  and  county,  in  pursuance  of  such  pro- 
posal, and  to  commence  such  work  within  five  days  after  the  execution 
of  such  contract,  and  complete  the  same  within  the  time  mentioned  in 
the  said  plans  and  specifications,  or  either  of  them,  or  within  any  ex- 
tended time;  it  is  further  provided,  that  all  persons  proposing,  owners 
included,  who  shall  fail  to  enter  into  any  contract  as  herein  provided, 
or  to  complete  the  contracts  entered  into,  are  hereby  prohibited  from 
proposing  a  second  time  for  the  same  work;  and  in  case  of  owners,  they 
are  hereby  prohibited  from  electing  to  take  the  same  work  a  second 
time,  and  from  entering  into  any  contract  concerning  the  same.  At  any 
time  within  five  days  after  such  money  has  been  paid  into  the  treasury, 
the  owners  of  a  majority  of  the  frontage  of  lots  and  lands  liable  to  be 
assessed  for  said  work,  or  their  agents,  and  who  shall  make  oath  that 
they  are  such  owners,  or  the  agents  of  such  owners,  may  elect  to  do 
the  said  work,  and  to  enter  into  a  written  contract  to  do  the  whole  work 
at  the  price  for  which  the  same  is  awarded,  upon  giving  the  bond  as 
hereinafter  provided;  and  they  shall  commence  said  work  within  five 
days  after  the  execution  of  such  contract,  and  shall  prosecute  it  dili- 
gently and  continuously,  and  complete  it  within  the  time  limited  in  the 
contract,  or  within  any  extended  time;  but  should  the  said  contractor, 
or  the  property  owners,  fail  to  prosecute  the  same  diligently  or  con- 
tinuously, in  the  judgment  of  said  superintendent,  or  complete  it  within 
the  time  prescribed  in  the  contract,  or  within  the  extended  time,  then 
it  shall  be  the  duty  of  said  superintendent  to  report  the  same  to  the 
municipal  council,  who  shall  immediately  order  the  clerk  of  either 
branch  of  the  inunicipal  council  to  advertise  for  proposals  as  in  the  first 
instance,  and  relet  the  contract  in  the  manner  hereinbefore  provided; 
and  it  is  further  provided  that  all  contractors  for  street  work  shall,  at 
the  time  of  entering  into  said  contract,  execute  a  bond  payable  to  such 
city,  city  or  county,  with  two  or  more  sureties,  in  the  sum  of  not  less 


637  MUNICIPAL   CORPORATION  BILL.  Act  2348,  §§  72,  73 

than  one  thousand  dollars,  and  in  such  additional  aiuount  as  may  be 
fixed  by  said  superintendent,  conditioned  for  the  faithful  performance 
of  said  contract;  and  said  sureties  shall  justify  in  d()ul)le  the  amount 
of  the  penalty  fixed  in  said  bond;  such  sureties  to  justify  before  said 
superintendent  or  his  deputy,  and  the  qualifications  and  responsibility 
of  such  sureties  shall  be  the  same  as  prescribed  for  sureties  on  the 
official  bonds  of  the  officers  of  such  city,  or  city  and  county;  and  it  is 
further  provided  that  in  case  of  the  nonfulfillment  by  the  obligor  in 
either  of  the  bonds  mentioned  in  this  section,  of  the  conditions  thereof, 
it  shall  be  the  duty  of  the  city,  or  city  and  county,  attorney  to  sue  for 
and  collect  the  sum  in  said  bond  mentioned,  in  any  court  of  competent 
jurisdiction,  and  pay  the  same  into  the  city  and  county  treasury,  to  the 
credit  of  the  proper  fund. 

Assessment.  * 

§72.  After  the  proposal  shall  have  been  received  and  considered  by 
the  municipal  council,  the  superintendent  of  streets  sliall  make  an  assess- 
ment in  proportion  to  the  benefit  upon  all  the  land  in  the  district  shown 
upon  said  map.  Said  assessment  shall  show  the  work  proposed  to  be 
done,  the  estimated  cost  thereof,  the  rate  per  front  foot  assessed  against 
each  lot  within  the  assessment  district,  the  amount  of  each  assessment, 
the  name  of  the  owner  of  each  lot,  or  portion  of  lot,  if  known  to  the 
superintendent,  and  if  such  owner  be  unknown,  the  word  "unknown" 
shall  be  written  opposite  the  number  of  the  lot  (but  an  assessment 
made  to  a  person  not  the  owner  shall  not  render  such  assessment  illegal), 
and  the  amount  assessed  thereon,  the  number  of  each  lot,  or  portion  of 
lot,  assessed,  and  shall  have  attached  thereto  a  diagram  showing  the 
assessment  district,  and  the  relative  location  of  each  lot  assessed  to  the 
work  proposed  to  be  done,  each  lot  being  numbered  in  said  assessment 
and  diagram;  and  when  completed,  shall  be  signed  by  said  superintend- 
ent, and  transmitted  to  the  board  of  aldermen. 

Notice  of  hearing  objections  to  a-ssessment-roU. 

§73.  At  the  first  meeting  of  the  board  of  aldermen,  after  the  receipt 
by  it  of  the  assessment  made  by  said  superintendent,  as  soon  thereafter 
as  may  be  practicable,  it  shall  cause  notice  of  the  time  and  place  of 
the  hearing  of  all  objections  to  said  assessment  to  be  published  for  at 
least  five  days  (Sundays  and  nonjudicial  days  excepted),  prior  to  the  time 
of  such  hearing,  in  two  daily  newspapers,  one  published  as  a  morning 
edition  and  one  as  an  evening  edition,  in  such  city,  or  city  and  county. 
All  objections  shall  be  heard  in  open  session  of  said  board  of  aldermen. 
At  said  hearing  said  board  of  aldermen  may  alter,  modify,  or  confirm 
said  assessment,  as  it  shall  deem  proper;  and  said  superintendent  shall 
thereupon  record  said  assessment  and  diagram  in  a  book  to  be  kept  by 
him  for  that  purpose.  When  so  recorded,  the  several  amounts  assessed 
shall  be  deemed  a  tax  levied  upon  the  lands  described  in  said  assessment 
and  diagram,  upon  which  they  are  respectively  assessed,  and  shall  be  a 
lien  upon  such  parcels  of  land.  Said  superintendent  shall  give  to  each 
assessment  a  number  by  which   the  fund  collected  for  said  work  shall 


Act  2348,  §§  74-76  GENERAL  LAWS.  683 

be  known,  and  shall  immediately  after  the  record  of  said  assessment,  as 
hereinbefore  provided,  deliver  the  said  assessment  and  diagram  to  the 
tax  collector  of  such  city  and  county,  who  shall  thereupon  cause  to  be 
published  for  ten  successive  days  (Sundays  and  nonjudicial  days  ex- 
cepted), in  two  newspapers  of  general  circulation,  one  of  which  shall  be 
publislied  as  a  morning  edition  and  one  as  an  evening  edition,  published 
in  such  city,  or  city  and  county,  a  notice  containing  a  description  of  the 
proposed  improvement,  and  of  the  portion  of  street  or  streets  upon 
which  the  same  is  proposed  to  be  done,  that  the  same  is  in  his  hands 
for  collection;  that  if  said  assessment  is  not  paid  within  fifteen  days 
from  the  date  of  the  last  publication  of  such  notice,  that  the  same  will 
be  delinquent;  that  the  property  assessed,  and  upon  which  the  assessment 
remains  unpaid,  will  be  sold  by  said  tax  collector  for  said  assessment, 
a  brief  description  of  the  pronerty  assessed,  the  amount  assessed  thereon, 
and  the  time  and  place  of  sale,  which  shall  be  not  less  than  five  nor  more 
than  ten  days  after  such  delinquency. 

Sale  of  property  for  unpaid  taxes, 

§  74.  On  the  day  fixed  for  the  sale,  said  tax  collector,  between  the 
hours  of  10  A.  M.  and  3  P.  M.,  must  commence  the  sale  of  the  property 
advertised,  upon  which  the  assessment  remains  unpaid,  and  sell  the  same 
at  public  vendue,  in  the  office  of  said  tax  collector,  to  the  person  who 
will  take  the  least  quantity  of  the  respective  parcels  of  land  assessed, 
and  pay  the  assessment  thereon,  together  with  two  dollars  to  said  tax 
collector  for  the  duplicate  certificate  of  sale.  If  the  purchaser  does  not 
forthwith  pay  the  amounts  of  the  assessment  and  costs  by  him  bid,  the 
tax  collector  shall  immediately  proceed  'to  sell  such  parcel  or  parcels 
again,  in  the  same  manner,  for  the  amount  of  said  assessment  and  costs. 

Duplicate  certificate. 

§  75.  After  receiving  the  amount  of  the  assessment  and  costs,  said 
tax  collector  must  make  out  in  duplicate  a  certificate,  dated  on  the  day 
of  sale,  showing  the  name  of  the  person  assessed,  when  known,  a  brief 
description  of  the  property  sold,  the  street  improvement  for  which  the 
assessment  was  levied,  the  number  of  the  assessment,  that  it  was  sold 
for  an  assessment,  the  amount  thereof,  that  the  same  is  subject  to 
redemption  at  any  time  within  one  year  after  sale,  and  specifying  the 
date  when  the  purchaser  will  be  entitled  to  a  deed;  and  upon  payment 
to  said  tax  collector  of  the  fee  for  recording  the  same,  said  tax  collector 
shall  deliver  one  of  such  duplicates  to  the  purchaser,  and  the  same  day 
file  the  other  in  the  office  of  the  recorder  of  the  county,  or  city  and 
county,  who  shall  record  the  same. 

Vesting  of  lien. 

§  76.  Upon  filing  the  said  duplicate  in  the  office  of  said  recorder,  the 
lien  aforesaid  is  vested  in  the  purchaser,  and  is  only  divested  by  pay- 
ment to  him,  or  to  the  treasurer  of  such  city,  or  city  and  county,  for  his 
use,  of  the  purchase  money  and  costs,  and  two  per  cent  per  month  and 
fraction  of  a  month  up  to   date   of  redemption  thereon.     A  redemption 


639  MUNICIPAL  CORPORATION  BILL.  Act  2346,  §§  77-79 

of  the  property  sold  may  be  made  by  the  owner,  or  any  party  in  interest, 
within  twelve  months  from  the  date  of  purchase. 

Deed  to  purchaser  and  conclusions  of  law. 

§77.  If  property  is  not  redeemed  within  twelve  months  from  the  date 
of  such  sale,  the  tax  collector  must  make  to  the  purchaser,  or  his  assignee, 
a  deed,  reciting  substantially  the  matters  contained  in  the  certificate, 
and  that  -no  person  redeemed  the  property  during  the  time  allowed  by 
law  for  its  redemption.  The  matters  recited  in  the  certificate  of  sale 
must  be  recited  in  the  deed,  and  such  deed,  duly  acknowledged,  shall 
be  prima  facie  evidence  that: 

1.  The  property  was  assessed  as  required  by  law. 

2.  That  the  assessment  was  not  paid. 

3.  That  the  property  was  sold  at  the  proper  time  and  place,  and  by 
the  proper  oflEicer. 

4.  That  the  person  who  executed  the  deed  was  the  proper  officer  there- 
for. 

5.  That  the  title  to  the  property  therein  described  is  vested  in  the 
purchaser,  his  heirs,  or  assigns,  free  from  all  encumbrances,  except  taxes 
for  purposes  of  revenue. 

Payment  into  treasury  by  tax  collector. 

§  78.  Said  tax  collector  shall  daily  pay  into  the  treasury  of  such 
city,  or  city  and  county,  to  the  credit  of  the  proper  street  improvement 
fund,  all  moneys  collected  by  him  on  account  of  such  fund,  and  shall, 
upon  the  receipt  of  any  assessment,  mark  the  same  paid  upon  the  assess- 
ment-roll, and  shall  receipt  to  the  person  paying  the  same  therefor,  wliich 
receipt  shall  show  the  number  of  the  street  improvement  fund,  the  work 
done,  the  number  of  the  lot  upon  which  the  assessment  is  paid,  and  the 
amount  thereof. 

Certificate  of  pajonent  into  treasury. 

§  79.  When  the  full  amount  of  such  assessment  has  been  collected  by 
said  tax  collector,  the  said  collector  shall  certify  to  the  superintendent 
of  streets  that  the  same  has  been  collected  and  paid  into  the  treasury 
of  such  city,  or  city  and  county.  Upon  the  receipt  of  such  certificate 
from  the  tax  collector,  the  said  superintendent  shall  forthwith  notify  the 
person  whose  proposal  shall  have  been  accepted  by  the  municipal  coun- 
cil, as  aforesaid,  of  the  payment  of  such  money  into  the  treasury,  and 
that  such  city,  or  city  and  county,  is  ready  to  enter  into  a  contract  with 
such  person  for  such  work,  in  pursuance  of  said  proposal;  and  said 
superintendent  shall  hold  himself  in  readiness  to  execute  said  contract 
on  behalf  of  such  city,  or  city  and  county.  The  board  of  aldermen  may 
extend  the  time  of  performance  of  the  contract,  as  fixed  by  the  contract 
of  specifications,  upon  the  recommendation  of  said  superintendent;  but 
the  time  of  the  performance  shall  in  no  event  be  in  any  manner  ex- 
tended beyond  sixty  days  after  the  time  fixed  in  such  specifications  or 
contract  for  the  completion  of  said  work. 
Gen.  Laws — 44 


Act  2348,  §§  80-82  GENERAL  LAWS.  690 

Certificate  to  contractor  and  publication  of  notice. 

§  80.  Whenever  any  contract  shall  have  been  completed  to  the  satis- 
faction and  acceptance  of  the  superintendent  of  streets,  he  shall  deliver 
to  the  contractor  a  certificate  to  that  effect,  and  shall  also  notify  said 
board  of  aldermen  that  said  work  and  improvement,  and  the  contract 
therefor,  having  been  completed  to  his  satisfaction  and  acceptance,  and 
that  he  has  given  to  said  contractor  his  certificate  to  that  efi'ect.  There- 
upon said  board  of  aldermen  shall  direct  the  clerk  of  said  board  to 
give  notice  by  publication  for  five  days,  in  a  newspaper  published  and 
circulated  in  such  city,  or  city  and  county,  that  saicl  work  and  improve- 
ment, and  the  contract  therefor,  have  been  completed  to  the  satisfaction 
and  acceptance  of  the  superintendent  of  streets  of  such  city,  or  city 
and  county. 

Appeal  of  property  owner. 

§  81.  Any  person  owning  property  which  has  been  assessed  to  pay  the 
cost  and  expenses  of  such  work  and  improvement,  feeling  aggrieved  at 
the  manner  in  which  such  work  and  improvement  shall  have  been  done, 
or  feeling  aggrieved  at  any  act  or  determination  of  said  superintenJent 
of  streets  in  relation  to  said  work  and  improvement  subsequent  to  the 
date  of  the  execution  of  the  contract  therefor,  shall,  within  five  days 
from  the  first  publication  of  said  notice,  appeal  to  said  board  of  alder- 
men by  briefly  stating  their  objections  in  writing,  and  by  filing  the 
same  with  the  clerk  of  said  board.  At  the  meeting  of  the  board  next 
ensuing  after  the  exj)iration  of  said  five  days  allowed  above  for  filing 
said  objections,  the  said  board,  if  no  objections  have  been  filed,  shall, 
by  resolution,  ratify  and  confirm  all  said  acts  of  said  superintendent  of 
streets,  and  shall  accept  such  work  and  improvement.  But  if  any  such 
objections  last  aforesaid  shall  have  been  filed  within  said  five  days,  then 
said  board  shall  fix  the  time  for  hearing  such  objections,  and  shall  direct 
the  clerk  of  said  board  to  notify  all  persons  desirous  of  being  heard 
upon  said  objections  of  the  time  and  place  when  and  where  said  board 
will  hear  all  parties  desiring  to  be  heard  upon  the  same.  Said  notice 
shall  be  in  writing,  and  shall  be  given  by  posting  the  same  in  three  of 
the  most  conspicuous  public  places  in  such  city,  or  city  and  county,  and 
published  five  days  in  two  daily  newspapers  (one  morning  and  one 
evening  edition),  at  least  five  days  before  the  time  set  for  said  hearing. 
At  the  time  and  place  fixed  for  said  hearing  of  said  objections,  said 
board  shall  proceed  to  hear  all  parties  present  and  desiring  to  be  heard 
upon  the  matters  specified  in  such  objections.  And  whenever  said  board 
shall  have  determined,  by  personal  inspection  or  otherwise,  that  said 
work  and  improvement  objected  to  have  been  completed  in  all  respects 
according  to  the  contract  therefor,  they  shall,  by  resolution,  accept  said 
work  and  improvement,  and  ratify  and  confirm  all  said  acts  of  said 
superintendent  of  streets  in  relation  thereto. 

Notice  to  superintendent  of  streets. 

§  82.  If,  upon  such  hearing,  said  board  of  aldermen  shall  determine, 
by   personal   inspection   or   otherwise,   that   said   work   and   improvement 


691  MUNICIPAL   C0RP0KA;;0N   BILL.  Act  2348,  §§  83,  84 

have  not  been  performed  according  to  the  contract  therefor,  then  they 
shall  notify  the  said  superintendent  of  streets  to  that  effect,  specifying 
in  said  notice  to  him  the  particulars  in  which  said  contract  has  not 
been  performed.  And  said  superintendent  of  streets  shall  thereupon  at 
once  cause  said  contractor  to  complete  said  work  and  improvement  under 
the  contract  therefor  in  those  particulars  specified  by  said  board  in  said 
notice  to  said  superintendent  of  streets.  Whenever  said  board  shall 
ascertain  that  said  work  and  improvement  have  been  completed  in  all 
respects  according  to  the  terms  of  the  contract  therefor,  they  shall,  by 
resolution,  accept  such  work  and  improvement.  All  acts  and  determina- 
tions of  said  board  of  aldermen  upon  appeals,  under  the  provisions  of 
this  and  the  next  preceding  section,  shall  be  final  and  conclusive  upon 
all  persons  entitled  to  an  appeal  thereunder. 

Payment  to  contractor. 

§  83.  Whenever  any  work  or  improvement  shall  have  been  so  com- 
pleted upon  any  street,  lane,  alley,  court,  or  place  in  such  city,  or  city 
and  count}',  for  the  payment  of  costs  and  expenses  of  which  an  assess- 
ment shall  have  been  levied  and  collected  under  the  provisions  of  this 
act,  the  said  board  of  aldermen  shall,  by  resolution,  direct  the  treasurer 
to  pay  out  of  the  appropriate  fund,  at  the  expiration  of  fifteen  days 
from  the  passage  of  such  resolution,  to  the  contractor  who  shall  have  so 
completed  said  work  and  improvement,  the  amount  to  which  he  is  enti- 
tled under  the  terms  of  his  contract;  provided,  however,  that  such  pay- 
ment by  the  treasurer  shall  be  made  subject  to  the  following  provisions, 
to  wit:  that  any  person  or  persons  who  have  performed  labor  upon  or 
furnished  materials  for  the  construction  of  said  work  or  improvement, 
may  file  within  said  fifteen  days,  with  the  treasurer,  any  written  claim 
or  claims  he  or  they  may  have  on  account  of  such  labor  performed  or 
materials  furnished;  and  at  the  expiration  of  said  fifteen  days,  said 
treasurer  shall  pay  to  said  contractor  the  amount  specified  in  said  last- 
named  resolution,  less  the  aggregate  amount  of  all  such  claims,  if  any, 
theretofore  filed  in  accordance  with  the  provisions  of  this  section.  Should 
any  money  be  retained  by  said  treasurer  on  account  of  such  claim  or 
claims,  he  shall  pay  over  the  amount  of  each  claim  only  upon  the  order 
therefor  of  said  contractor,  indorsed  by  the  claimant  entitled  thereto, 
or  upon  the  order  therefor  of  any  court  of  competent  jurisdiction. 

Repayment  of  moneys, 

§  84.  And  when  all  moneys  required  to  be  paid  by  the  said  treasurer, 
under  the  last  preceding  section,  shall  have  been  by  him  paid,  as  re- 
quired in  said  section,  if  there  is  any  money  remaining  in  the  fund  out 
of  which  said  payments  shall  have  been  made  as  aforesaid,  it  shall  be 
the  duty  of  said  treasurer  immediately  to  report  the  amount  of  said 
remaining  moneys  to  said  board  of  aldermen.  Thereupon  it  shall  be  the 
duty  of  said  hoard  to  empower  and  direct  said  treasurer  to  distribute 
and  repay  such  remaining  moneys,  and  in  the  proportion  of  the  amounts 
of  the  original  assessments,  to  the  persons  by  or  for  whom  said  original 
assessments  were  paid,   or  to   their  legal  representatives.     And  it   Bhall 


Act  2348,  §§  85-87  GENERAL  LAWS.  692 

be  the  duty  of  said  treasurer,  in  each  instance  of  such  repayment,  to 
require,  receive  and  file  away  a  receipt  of  said  proportionate  amount 
from  said  persons  or  their  legal  representatives.  And  in  no  case  shall 
a  contractor  who  has  failed  to  fulfill  the  terms  and  conditions  of  his 
contract  be  entitled  to  receive  any  portion  of  the  contract  price  therefor, 
and  he  shall  be  deemed  to  have  forfeited  all  right  to  recover  or  receive 
any  compensation  whatever  under  said  contract. 

Kind  of  labor  on  accepted  streets. 

§  85.  No  contract  to  do  any  work  upon  any  accepted  streets,  other 
than  cleaning  streets  and  sewers,  shall  be  let,  but  such  work  shall  be 
done  under  the  direction  of  the  superintendent  of  streets,  by  laborers 
employed  by  such  city,  or  city  and  county,  through  said  superintendent, 
at  such  wages  as  may  be  from  time  to  time  fixed  by  the  municipal 
council.  All  contracts  for  materials  necessary  to  be  used  for  work  on 
accepted  streets  must  be  given  by  the  municipal  council  to  the  lowest 
bidder  oifering  adequate  security,  after  due  public  notice,  for  not  less 
than  five  days,  in  at  least  two  newspapers  published  in  such  city,  or 
city  and  county. 

Repairing  streets,  sewer,  etc. 

§  86.  In  case  of  urgent  necessity,  the  superintendent  of  streets  may, 
and  it  shall  be  his  duty  to,  repair  any  of  the  unaccepted  public  streets, 
sewers,  or  crossings  cornering  thereon;  and  the  expense  of  the  same 
shall  be  paid  out  of  the  street-department  fund,  in  the  same  manner  as 
provided  for  the  improvement  of  accepted  streets;  and  all  such  repairs 
shall  be  made  in  uniformity  with  the  work  to  be  repaired,  but  such 
repairs  between  two  main  streets  shall  not  exceed  in  cost  the  sum  of 
two  hundred  dollars,  and  the  repairs  of  any  crossing  shall  not  exceed  in 
cost  the  sum  of  one  hundred  dollars;  provided,  the  sums  so  expended 
shall  not  exceed  the  sum  of  two  thousand  dollars  in  any  one  month. 
Such  work,  and  the  material  therefor,  shall  be  performed  and  provided 
in  the  same  manner  as  provided  in  the  foregoing  section  concerning  labor 
and  material  for  accepted  streets. 

No  recourse  on  city  for  damage  for  accident  on  defective  street. 

§  87.  No  recourse  shall  be  had  against  such  city,  or  city  and  county, 
for  damage  to  person  or  property  suffered  or  sustained  by  or  by  reason 
of  the  defective  condition  of  any  street  or  public  highway  of  such  city, 
or  city  and  county,  whether  originally  existing  or  occasioned  by  con- 
struction, excavation,  or  embankment,  or  want  of  repair  of  said  street 
or  public  highway;  and  whether  such  damage  be  occasioned  by  accident 
on  said  street  or  public  highway,  or  by  falling  from  or  upon  the  same; 
but  if  any  person,  while  carefully  using  any  street  or  public  highway  of 
such  city  and  county,  graded,  or  in  course  of  being  graded,  or  carefully 
using  any  other  street  or  public  highway  leading  into  or  crossing  the 
same,  be  injured,  killed,  lost,  or  destroyed;  or  any  horses,  animals,  or 
other  property  be  lost,  injured,  or  destroyed,  through  any  defect  in  said 
street  or  public  highway,  graded,  or  in  course  of  being  graded,  as  afore- 


693  MUNICIPAL   CORPORATION  BILL.  Act  2348,  §§  88-90 

said,  or  by  reason  of  any  excavation  or  embankment  in  or  of  the  same, 
or  by  falling  from  or  upon  such  embankment  or  excavation,  then  the 
person  or  persons  upon  whom  the  law  may  impose  the  duty  either  to 
repair  such  defect  or  to  guard  the  public  from  the  excavation,  embank- 
ment, or  grading  aforesaid,  and  also  the  officer  or  officers  through  whose 
official  neglect  such  defect  remained  unrepaired,  or  said  excavation  or 
embankment  remained  unguarded  as  aforesaid,  shall  be  jointly  and  sev- 
erally liable  to  the  person  or  persons  injured  for  the  damages  sustained. 

Improvement  of  streets  by  property  owners. 

§  88.  The  superintendent  of  streets  may  require,  at  his  option,  by 
notice  in  writing,  to  be  delivered  to  them  personally  cr  left  on  the  prem- 
ises, the  owners,  tenants,  or  occupants  of  lots  or  portions  of  lots  liable 
to  be  assessed  for  work  done  under  the  provisions  of  this  chapter,  to 
improve  forthwith  any  of  the  work  mentioned  in  section  67  of  this  act 
in  front  of  the  property  of  which  he  is  the  owner,  tenant,  or  occupant, 
to  the  center  of  the  street  or  otherwise,  as  the  case  maj^  require,  or  to 
remove  all  filth,  sand,  earth,  or  dirt  from  the  street  in  front  of  the  prem- 
ises; and,  by  a  like  notice,  to  be  served  personally  upon  the  president 
or  any  officer  of  a  railroad  corporation  or  company,  or  to  be  left  at  the 
office  of  said  corporation  or  company,  to  require  such  corporation  or 
company  to  improve  forthwith  any  work  mentioned  in  this  chapter,  which 
said  corporation  or  company  are  required  by  law  to  do  and  perform; 
said  notice  to  specify  what  improvement  is  required  or  work  is  to  be 
done.  After  the  expiration  of  five  days,  if  such  notice  shall  not  have 
been  complied  with,  such  proceedings  shall  be  taken  by  the  proper  author- 
ities to  cause  the  moneys  necessary  for  the  doing  of  such  work  to  bo 
paid  into  the  treasury  as  is  hereinbefore  provided  in  reference  to  work 
and  improvements  upon  unaccepted  streets,  and  to  be  paid  for  in  the 
same  manner. 

Notice,  how  served. 

§  89.  Notices  in  writing,  which  are  required  to  be  given  by  the  super- 
intendent of  streets,  under  the  provisions  of  this  chapter,  may  be  served 
by  any  police  officer,  or  by  any  male  citizen  over  the  age  of  tv/enty-one 
years,  and  the  fact  of  such  service  shall  be  verified  by  the  oath  of  the 
person  making  it,  taken  before  the  superintendent  (who  is  hereby  author- 
ized to  ndminister  oaths),  or  any  other  person  authorized  to  administer 
oaths.  The  superintendent  of  streets  shall  keep  a  record  of  the  fact  of 
giving  such  notices  and  proof  of  service,  and  shall  keep  the  original 
proof  thereof. 

Levy  of  taxes. 

§  80.  1.  On  or  before  the  fourth  Monday  of  July,  annually,  the 
municipal  council  of  such  city,  or  city  and  county,  shall  levy  tlie  amount 
of  taxes  for  city,  or  city  and  county,  purposes,  required  by  law  to  be 
levied  upon  all  property  not  exempt  from  taxation;  said  amount  to  be 
such  as  the  said  council  may  deem  sufficient  to  provide  for  the  payment 
of  all  demands  upon  the  treasury  authorized  by  law  to  be  paid  out  of 


Act  2348,  §90  GENERAL  LAWS.  694 

the  same;  provided,  that  such  taxation,  exclusive  of  any  and  all  special 
taxes,  now  or  which  hereafter  may  be  authorized  by  law,  shall  not  in  the 
aggregate  exceed  the  rate  of  one  dollar  upon  each  one  hundred  dol- 
lars valuation  of  the  property  assessed;  provided  further,  that  the  said 
municipal  council  shall,  in  making  the  said  levy  of  taxes,  apportion  and 
divide  the  taxes  so  levied,  and  to  be  collected  and  applied  to  the  several 
specific  funds  known  as  the  corporation  debt  fund,  general  fund,  school 
fund,  street-light  fund,  street-department  fund,  or  other  fund  provided 
for  by  law  or  by  the  said  council,  according  to  the  estimate  of  said 
council  of  the  necessities  of  the  said  funds,  except  that  the  rate  for  the 
school  fund  shall  not  exceed  thirty-five  dollars  for  each  pupil  who  shall 
have  attended  and  been  taught  the  preceding  year;  and  provided  fur- 
ther, that  the  said  municipal  council  shall  authorize  the  disbursement 
of  said  money  for  the  purposes  hereafter  mentioned;  and  at  the  close 
of  each  fiscal  year  the  said  council  shall  direct  the  treasurer  to  transfer 
all  surplus  moneys  of  all  funds,  excepting  the  school  fund,  after  liquidat- 
ing or  providing  for  all  outstanding  demands  upon  said  funds,  to  the 
general  fund;  but  no  money  shall  be  transferred  from  either  of  the 
said  funds  to  another,  nor  used  in  paying  any  demands  upon  such  other 
fund,  until  all  the  indebtedness  arising  in  any  fiscal  year,  and  payable 
out  of  said  funds  so  raised  for  said  fiscal  year,  shall  have  been"  paid 
and  discharged. 

Corporation  debt  fund. 

2.  The  corporation  debt  fund  shall  be  applied  to  and  used  for  the 
payment  of  the  interest,  and  to  extinguish  or  provide  for  the  extinguish- 
ment of  the  lawfully  contracted  funded  debts  of  such  city,  or  city  and 
county,  in  accordance  with  laws  in  force  at  the  time  of  the  organization 
of  such  city,  or  city  and  county,  under  this  act. 

General  fund. 

3.  The  general  fund  shall  be  applied  and  used  for  the  payment  of  all 
sums  authorized  by  law  to  be  paid  out  of  the  general  fund,  and  not 
otherwise  provided  for  in  this  chapter. 

School  fund. 

4.  The  school  fund  shall  be  applied  and  used  for  the  payment  of  all 
sums  authorized  by  law  to  be  paid  out  of  the  school  fund. 

Street-light  fund. 

5.  The  street-light  fund  shall  be  applied  and  used  in  the  payment  for 
lighting  the  streets  of  such  city  and  county,  and  for  the  repair  of  laTups 
and  posts,  in  pursuance  of  any  existing  or  future  legal  contract  of  such 
city  and  county. 

Street-department  fund. 

6.  The  street-department  fund  shall  be  applied  and  used  for  repairing 
and  improving  all  streets,  lanes,  and  the  crossings  thereof,  which  shall 
have  been  or  hereafter  may  be  accepted,  so  as  to  become  a  charge  upon 
such  city  and  county;  for  cleaning  streets,  lanes^  crossings  and  sewers; 


695  MUNICIPAL  CORPORATION  BILL.  Act  2348,  §§  91-93 

and  for  the  expense  of  improvements  of  streets  in  front  of  school  lots; 
for  all  street  work  in  front  of  or  assessable  upon  property  belonging  to 
such  city  and  county;  for  all  street  work  on  the  -waterfront  of  such  city 
and  county,  not  by  law  assessable  upon  private  property;  for  all  work 
authorized  by  the  said  council,  upon  the  recommendation  of  the  super- 
intendent of  streets,  as  immediately  essential  for  the  safety  of  life,  limb, 
or  property,  or  necessary  for  public  health,  or  which  caniiot  be  by  law 
assessed  upon  private  property,  and  for  such  other  objects  relating  to 
streets  and  highways  as  shall  be  directed  by  law  or  said  council  to  be 
paid  therefrom.  All  moneys  received  from  licenses  on  vehicles,  from 
the  income  from  street  railroads,  from  fines  and  penalties  for  violation 
of  any  law  or  ordinance  regulating  vehicles  on  the  public  streets,  shall 
be  paid  into  the  street-department  fund. 

No  payment  of  public  funds  unless  authorized  by  law, 

§91.  No  payment  can  be  made  from  the  treasury  or  out  of  the  public 
funds  of  such  city,  or  city  and  county,  unless  the  same  be  speciiRcally 
authorized  by  law,  nor  unless  the  demand  which  is  paid  be  duly  audited, 
as  in  this  chapter  provided,  and  that  must  appear  upon  the  face  of  it. 
No  demand  upon  the  treasury  shall  be  allowed  by  the  auditor  in  favor 
of  any  person,  oflficer,  company,  or  corporation,  in  any  manner  indebted 
thereto  without  first  deducting  the  amount  of  such  indebtedness,  nor  to 
any  person  or  officer  having  the  collection,  custody,  or  disbursement  of 
public  funds,  unless  his  account  has  been  duly  presented,  passed,  ap- 
proved, and  allowed,  as  required  by  law;  nor  in  favor  of  any  officer  who 
shall  have  neglected  to  make  his  official  returns  or  his  reports,  in  writing, 
in  the  manner  and  at  the  time  required  by  law,  or  by  the  regulations 
established  by  the  municipal  council;  nor  to  any  officer  who  shall  have 
neglected  or  refused  to  comply  with  any  of  the  provisions  of  this  or  any 
other  act  of  the  legislature  regulating  the  duties  of  such  officer,  on  being 
required  in  writing  to  comply  therewith  by  the  president  of  the  board 
of  aldermen,  or  any  member  of  the  finance  committee  of  the  municipal 
council;  nor  in  favor  of  any  officer  for  the  time  he  shall  have  absented 
himself  without  lawful  cause,  from  the  duties  of  his  office,  during  the 
office  hours  prescribed  in  this  chapter;  and  the  auditor  may  examine  any 
officer  receiving  a  salary  from  the  treasury,  on  oath,  touching  such 
absence. 

Definition  of  "audited." 

§92.  The  terra  "audited,"  as  used  in  this  chapter  with  reference  to 
demands  upon  the  treasury,  is  to  be  understood  [as]  their  having  been 
presented  to  and  passed  upon  by  every  officer  and  board  of  officers,  and 
finally  allowed  as  required  by  law;  and  this  must  appear  upon  the  face 
of  the  paper  representing  the  demand,  or  else  it  is  not  audited. 

What  demands  to  be  audited. 

§  93.  Every  demand  upon  the  treasury,  except  the  salary  of  the 
auditor,  and  including  the  salary  of  the  treasurer,  must,  before  it  can 
be  paid,  be  presented  to  the  auditor  for  such  city,  or  city  and  county. 


Act  2348,  §§  94,  95  GENERAL  LAWS.  696 

to  be  alicwed,  who  shall  satisfy  himself  whether  the  money  is  legally 
due  and  remains  unpaid,  and  whether  the  payment  thereof  from  the 
treasury  of  such  city  and  county  is  authorized  by  law,  and  out  of  what 
fund.  If  he  allow  it,  he  shall  indorse  upon  it  the  word  "Allowed,"  with 
the  name  of  the  fund  out  of  which  it  is  payable,  with  the  date  of  such 
allowance,  and  sign  his  name  thereto;  but  the  allowance  or  approval  of 
the  auditor,  or  the  municipal  council,  or  either  branch  thereof,  or  any 
board,  committee,  or  officer,  of  any  demand  which,  upon  the  face  of  it, 
appears  not  to  have  been  expressly  made  by  law  payable  out  of  the 
treasury  or  fund  to  be  charged  therewith,  shall  afford  no  warrant  to  the 
treasurer  or  other  disbursing  officer  for  paying  the  same.  No  demand 
can  be  approved,  allowed,  audited,  or  paid,  unless  it  specify  each  several 
item,  date,  and  value  composing  it,  and  refer  to  the  law,  by  title,  date, 
and  section,  authorizing  the  same. 

Demands  of  auditor,  how  allowed. 

§94.  The  demand  of  the  auditor  for  his  monthly  salary  shall  be 
audited  and  allowed  by  the  president  of  the  board  of  aldermen.  All 
other  monthly  demands  on  account  of  salaries,  allowances,  or  compensa- 
tions fixed  by  law  or  this  act,  and  made  payable  out  of  the  treasury  of 
such  city,  or  city  and  county,  may  be  allowed  by  the  auditor  without 
any  approval.  All  demands  payable  out  of  the  school  fund  must,  before 
they  can  be  allowed  by  the  auditor,  or  paid,  be  previously  approved  by 
the  board  of  education,  or  by  the  president  thereof,  and  superintendent 
of  schools,  acting  under  express  authorization  of  said  board.  Demands 
for  teachers'  wages,  or  other  expenses  appertaining  to  any  school,  can- 
not be  approved,  allowed,  or  audited  to  any  amount  exceeding  the  share 
of  school  money  which  such  school  will  be  entitled  to  have  apportioned 
to  it  during  the  current  fiscal  year.  x\]l  other  lawful  demands  payable 
out  of  the  treasury,  or  any  public  funds  of  such  city,  or  city  and  county, 
and  not  hereinbefore  in  this  section  specified,  must,  before  they  can  be 
allowed  by  the  auditor  in  any  manner,  or  recognized  or  paid,  be  first 
approved  by  the  municipal  council,  except,  if  the  demand  be  under  two 
hundred  dollars,  by  the  mayor  and  two  members  of  the  board  of  alder- 
men, appointed  by  the  said  board  for  that  purpose,  with  power  to  act 
under  and  subject  to  its  instructions  and  regulations  during  recess  of 
the  said  board.  The  auditor  must  number  and  keep  a  record  of  all  de- 
mands on  the  treasury  allowed  by  him,  showing  the  number,  date,  amount, 
and  name  of  the  original  and  present  holder,  on  what  account  allowed, 
out  of  what  fund  payable,  and,  if  previously  approved,  by  what  officer, 
officers,  or  board  it  has  been  so  approved;  and  it  shall  be  deemed  a 
misdemeanor  in  office  for  the  auditor  to  deliver  any  demand  with  his 
allowance  thereon  until  this  requisite  shall  have  been  complied  with. 

Who  may  administer  oaths. 

§95.  The  mayor,  mayor's  clerk,  auditor,  auditor's  clerk,  chief  of 
police,  police  commissioners,  president  of  the  board  of  education,  each 
member  of  the  municipal  council,  and  every  other  officer  required  by  law 
or  ordinance  to   allow,  audit,   or  certify   demands  upon  the  treasury,   or 


607  MUNICIPAL  CORPORATION  BILL.  Act  2348,  §§  96-98 

to  perform  any  other  oiScial  act  or  function,  shall  have  power  to  admin- 
ister oaths  and  afifirmations,  and  take  and  hear  testimony,  concerning 
any  matter  or  thing  concerning  any  demand  upon  the  treasury,  or  other- 
wise relating  to  their  otiicial  duties.  Every  officer  who  shall  approve, 
allow,  or  pay  any  demand  on  the  treasury  not  authorized  by  law,  or  by 
a  valid  ordinance  of  the  municipal  council,  passed  in  accordance  with 
the  same,  or  in  case  it  is  the  act  of  a  board,  who  shall,  as  a  member 
thereof,  vote  for  the  same,  shall  be  liable  to  the  city,  or  city  and  county, 
individually,  and  on  his  official  bond,  for  the  amount  of  the  demand  so 
illegally  approved,  allowed,  or  paid.  Every  citizen  shall  have  the  right 
to  inspect  the  books  of  the  auditor,  treasurer,  secretary  of  the  board  of 
aldermen,  and  clerk  of  the  house  of  assistant  aldermen,  at  any  time 
during  business  hours.  Copies  or  extracts  from  said  books,  duly  certi- 
fied, shall  be  given  by  the  officer  having  the  same  in  custody,  to  any 
citizen  demanding  the  same  and  paying  fifteen  cents  per  folio  of  one 
hundred  words  for  such  copies  or  extracts. 

Payment  of  audited  demands. 

§  96.  Every  lawful  demand  upon  the  treasury,  duly  audited  as  in  this 
chapter  required,  shall  in  all  cases  be  paid  on  presentation,  and  can- 
celed, and  the  proper  entry  thereof  be  made,  if  there  be  sufficient  money 
in  the  treasury  belonging  to  the  fund  out  of  which  it  is  paj-able;  but 
if  there  be  not  sufficient  money  belonging  to  said  fund  to  pay  such 
demand,  then  it  shall  be  registered  in  a  book  to  be  kept  by  the  treasurer 
for  that  purpose,  showing  its  number,  when  presented,  date,  amount, 
name  of  the  original  holder,  and  on  what  account  allowed,  and  out  of 
what  fund  payable,  and  being  so  registered,  shall  be  returned  to  the 
party  presenting  it,  with  an  indorsement  of  the  word  "Kegistered,"  dated 
and  signed  by  the  treasurer. 

Investigation  of  nonpayment  of  audited  demands. 

§97.  Whenever  any  audited  demand  has  been  presented  to  the  treas- 
urer and  not  paid,  and  it  be  made  known  to  the  president  of  the  board 
of  aldermen,  he  shall  proceed  immediately  to  investigate  the  cause  for 
such  nonpayment,  and  if  it  be  ascertained  that  the  demand  has  been 
illegally  and  fraudulently  approved  or  allowed,  he  shall  cause  the  officer 
guilty  of  such  illegal  and  fraudulent  approval  or  allowance  to  be  sus- 
pended and  proceeded  against  for  misconduct  in  office.  If  he  ascertains 
that  the  demand  has  been  duly  audited  and  that  the  treasurer  has  funds 
applicable  to  the  payment  thereof,  which,  without  reasonable  grounds 
for  doubt  as  to  the  legality  of  such  payment,  he  refuses  to  apply  thereto, 
he  shall  proceed  against  him  as  a  defaulter.  If  it  be  ascertained  that 
the  demand  was  not  paid  for  want  of  funds,  then  he  shall  cause  the 
tax  collector,  or  other  officer  or  person  who  ought  to  have  collected  or 
to  have  paid  the  money  into  the  treasury,  if  they  have  been  grossly 
negligent  therein,  to  be  proceeded  against  according  to  law  and  without 
delay. 

Receipts  for  money  by  all  officers. 

§98.  The  treasurer,  for  all  money  received  into  the  treasury,  and  all 
other  officers  of  such  city,  or  city  and  county,  receiving  money  from  the 


Act  2348,  §§  99-101  GENERAL  LAWS.  69S 

treasury  for  disbursement,  shall  give  receipt  for  all  moneys  by  tliem 
received,  which  receipt  shall  be  presented  to  and  countersigned  by  the 
auditor.  The  auditor,  before  countersigning  any  such  receipt,  shall  num- 
ber it  and  make  an  entry  in  a  book  of  record  to  be  kept  in  his  office  for 
that  purpose,  of  the  number,  date,  and  amount,  by  whom  and  in  whose 
favor  given,  and  on  what  account.  No  such  receipt  shall  be  valid  as 
evidence  in  favor  of  the  person  or  officer  receiving  it  till  presented  to 
the  auditor  and  countersigned  as  aforesaid;  and  any  person  or  officer 
using  or  offering  to  use  such  receipt  as  evidence  in  favor  of  such  person 
or  officer,  of  the  payment  specified  in  it,  without  being  first  countersigned 
as  above  required,  shall  forfeit  to  such  city,  or  city  and  county,  double 
the  amount  of  money  specified  in  such  receipt. 

Remedy  against  auditor  and  other  officers. 

§  99.  If  any  person  feel  aggrieved  by  the  decision  of  the  auditor,  or 
other  proper  officer  or  officers  of  such  city,  or  city  and  county,  except 
the  board  of  education,  in  the  rejection  of  or  refusal  to  approve  or  allow 
any  demand  upon  the  treasury  presented  by  such  person,  he  may  appeal 
and  have  the  same  passed  upon  by  the  municipal  council,  whose  decision 
thereon  shall  be  final;  and  if  the  said  council  shall  approve  and  allow 
the  demand,  it  shall  afterwards  be  presented  to  the  auditor,  and  entered 
in  the  proper  book,  in  like  manner  as  other  demands  allowed  by  him, 
and  an  indorsement  must  be  made  of  its  having  been  so  entered  before 
it  can  be  paid;  but  nothing  herein  contained  shall  be  construed  to  bar 
the  party  presenting  the  claim  from  prosecuting  the  same  in  any  court 
of  competent  jurisdiction;  provided,  that  from  the  decision  of  the  presi- 
dent of  the  board  of  education  and  superintendent  of  schools,  refusing 
or  not  agreeing  to  allow  any  demand  payable  out  of  the  school  fund,  the 
appeal  shall  be  taken  to  the  board  of  education,  whose  decision  snail  be 
final;  but  nothing  herein  contained  shall  be  construed  to  bar  the  party 
presenting  the  claim  from  prosecuting  the  same  in  any  court  of  compe- 
tent jurisdiction. 

Opinion  of  city  attorney. 

§  100.  In  all  cases  of  such  appeals  to  the  municipal  council,  or  the 
board  of  education,  if,  in  the  opinion  of  said  council  or  of  said  board 
deemed  expedient,  the  opinion  of  the  city,  or  city  and  county,  attorney 
shall  be  required,  and  obtained  in  writing,  read,  and  filed;  and  upon 
such  appeal,  and  in  all  other  cases  upon  the  approval  or  allowance  of 
any  demand  upon  the  treasury  or  school  fund,  the  vote  shall  be  taken 
by  "yeas"  and  "nays,"  and  entered  upon  the  records. 

Examination  of  books  of  treasurer  and  other  officers. 

§  101.  The  president  of  the  board  of  aldermen,  in  conjunction  with 
the  auditor  and  the  chairman  of  the  house  of  delegates  of  such  city, 
or  city  and  county,  shall,  every  month,  examine  the  books  of  the  treas- 
urer and  other  officers  of  such  city,  or  city  and  county,  having  the  col- 
lection and  custody  of  the  public  funds,  and  shall  be  permitted,  and  it 
shall  be  their  duty,  to  see  and  count  over  all  the  moneys  remaining  in 


G99  MUNICIPAL   COnrORATION   BILL.      Act  2348,  §§  102,  103 

the  hands  of  such  treasurer,  or  other  officer,  after  having  previously 
ascertained  the  amount  which  should  be  remaining  in  his  hands.  The 
finance  committee  shall  also,  twice  a  year,  viz.,  on  the  first  Monday  in 
July  and  January,  make  the  same  examination  of  books,  count  said 
money,  and  report  the  result  to  the  municipal  council.  If  they  ascer- 
tain clearly  that  such  treasurer,  or  other  officer,  is  a  defaulter,  they  shall 
forthwith  take  possession  of  all  funds,  books,  and  papers  belonging  to 
such  office,  and  the  president  of  the  board  of  aldermen  shall  appoint  a 
person  to  fill  the  same  until  the  said  defaulting  officer  can  be  proceeded 
against  according  to  law,  which  shall  be  done  without  delay,  and  until 
the  said  officer  shall  be  restored  to  duty,  or  office,  or  until  his  successor 
shall  be  appointed,  or  elected  and  qualified.  The  person  so  appointed 
shall  give  bonds  and  take  the  oath  of  office  in  the  same  manner  as  was 
required  of  the  officer  whose  place  he  is  appointed  to  fill.  If  the  treas- 
urer, or  other  officer  so  discharged  as  defaulter,  be  acc^uitted  thereof,  he 
shall  resume  his  duties. 

One-twelfth  law. 

§  102.  Neither  the  municipal  council,  the  board  of  education,  nor  any 
other  board,  commission,  committee,  officer,  or  person,  shall  have  power 
to  authorize,  allow,  contract  for,  pay,  or  render  payable,  and  they  are 
prohibited  from  authorizing,  allowing,  contracting,  paying,  or  rendering 
payable,  in  present  or  future,  in  any  one  month,  any  demand  or  demands, 
liability  or  liabilities,  against  the  treasury  of  such  city,  city  and  county, 
or  the  funds  thereof,  which  shall,  in  the  aggregate,  exceed  one-twelfth 
part  of  the  amount  allowed  by  laws  existing  at  the  time  of  such  con- 
tract, authorization,  allowance,  payment  or  liability,  to  be  expended 
within  the  fiscal  year  of  which  said  month  is  a  part;  provided,  however, 
that  if,  at  the  beginning  of  any  month,  any  money  remains  unexpended 
in  any  of  the  funds  set  apart  for  maintaining  the  municipal  government 
of  such  city,  or  city  and  county,  and  which  might  lawfully  have  been 
expended  the  preceding  month,  such  unexpended  sum  or  sums  may  be 
carried  forward  and  expended  by  order  of  the  municipal  council,  for  the 
same  purpose  allowed  by  law  in  any  succeeding  month  of  the  fiscal 
year.  All  contracts,  authorizations,  allowances,  payments,  and  liabili- 
ties to  pay,  made  or  attempted  to  be  made,  in  violation  of  this  section, 
shall  be  absolutely  void,  and  shall  never  be  the  foundation  or  basis  of 
a  claim  against  the  treasury  of  such  city,  or  city  and  county;  and  all 
officers  of  such  city,  or  city  and  county,  are  hereby  charged  with  notice 
of  the  condition  of  the  treasury  of  such  city,  or  city  and  county,  and 
the  extent  of  the  claims  against  the  same. 

Duties  of  certain  officers  under  the  one-twelfth  law. 

§  103.  It  is  the  duty  of  the  superintendent  of  streets  to  keep  an  ex- 
act account  of  all  street  and  sewer  work  upon  accepted  streets,  and  it 
shall  be  the  duty  of  the  building  committee  to  keep  an  account  of  all 
work  done  on  all  public  buildings  and  every  other  expenditure  charge- 
able against  the  treasury  in  any  of  the  departments  under  charge  of  said 
building  committee  and  officers;  and  it  is  the  duty  of  the  superintendent 


Act  2348,  §  104  GENERAL  LAWS.  700 

of  schools,  the  president  of  the  board  of  education,  the  president  of 
the  board  of  fire  commissioners,  the  president  of  the  board  of  election 
directors,  the  president  of  the  board  of  police  commissioners,  and  every 
other  officer  and  board  having  the  power  to  contract  any  demand,  or  to 
aid  in  the  contraction  of  any  demand,  against  said  treasury,  to  keep  an 
exact  and  full  account  of  all  purchases,  expenditures,  and  liabilities 
made  or  contracted  in  their  respective  departments;  and  for  the  purpose 
of  making  such  accounts,  said  officers  shall  have  power  to  demand  and 
receive  from  every  other  city,  or  city  and  county,  officer,  detailed  state- 
ments in  v/riting,  when  necessary  to  keep  said  accounts,  and  it  is  hereby 
made  the  duty  of  any  and  all  officers  to  furnish  said  statements  when 
demanded;  such  accounts  shall  be  constantly  posted  up  to  date,  so  that 
it  can  be  known  exactly  at  any  time  what  part  or  proportion  of  the 
monthly  sum  allowed  by  this  chapter  and  existing  laws  has  been  con- 
tracted for,  paid,  or  rendered  liable  to  pay  in  the  present  and  future. 
Such  accounts  shall  show  every  contract  for  street  and  sewer  work, 
public  buildings,  purchases  of  material,  or  supplies,  or  other  expendi- 
ture, in  whatever  department  it  is  made,  from  its  incipiency  through  the 
various  stages  of  progress  to  completion,  with  the  amount  to  be  paid 
for  the  same  so  far  as  the  same  is  capable  of  exact  estimation,  and 
when  not,  then  a  sworn  estimate  by  the  proper  officer  of  the  probable 
cost.  Whenever,  at  any  time,  the  contracts  performed  or  unperformed, 
claims  due  or  to  become  due,  exceed  said  one-twelfth  part  of  the  amount 
that  can  be  lawfully  expended  out  of  any  fund  in  the  current  fiscal 
year,  the  president  of  the  board,  head  of  department,  or  other  officer  or 
board  having  the  supervision  of  such  expenditure,  shall  give  notice 
thereof  in  writing,  as  to  his  or  their  department,  to  the  auditor  and  the 
treasurer,  and  to  the  municipal  council  a  notice  in  writing,  served  upon 
the  clerks  of  each  branch  thereof,  and  shall  post  the  same  in  his  or 
their  office,  from  which  time  no  further  contracts  shall  be  made  or  ex- 
penditures authorized  or  allowed,  until  such  time  has  elapsed  as  will 
allow  of  further  proceedings  consistent  with  the  provisions  of  the  law. 

Penalty  for  noncompliance  with  law. 

§  104.  Any  failure  or  neglect  on  the  part  of  any  of  said  offit^ers  or 
boards,  or  members  of  boards,  to  comply  with  any  of  the  provisions  of 
the  preceding  sections,  shall  render  such  officer,  and  each  member  of 
such  board  consenting  thereto,  liable  personally  and  upon  his  official 
bond  to  any  contractor  or  other  person  suffering  damage  by  said  failure 
or  neglect;  but  such  contractor  or  person  damaged  shall  have  no  remedy 
against  such  city,  or  city  and  county,  and  the  said  officers  or  members 
of  boards  authorizing  or  aiding  to  authorize,  auditing,  or  allowing  any 
claim  or  demand  upon  or  against  said  treasury,  or  any  fund  thereof,  in 
contravention  thereof,  shall  be  liable  in  person  and  on  his  official  bond 
to  the  contractor  or  person  damaged,  to  the  extent  of  his  loss.  The  treas- 
urer paying  any  claim  authorized,  allowed,  or  audited  in  contravention 
of  the  provisions  thereof  shall  be  liable  on  his  official  bond  to  refund 
the  same  to  such  city,  or  city  and  county,  and  it  shall  be  the  duty  of 
the  city,  or  city  and  county,  attorney,  to  sue  for  the  same,  if  necessary. 


701  MUNICIPAL  CORPORATION  BILL.      Act  2348,  §§  105-107 

Exception  to  operation  of  one-twelfth  law. 

§  105.  In  case  of  any  great  public  calamity  or  danger,  such  as  earth- 
quakes, conflagrations,  pestilence,  invasion,  insurrection,  or  other  great 
and  unforeseen  emergency,  the  provisions  of  the  three  preceding  sections 
may  be  temporarily  suspended,  as  to  any  lawful  contract,  authorization, 
or  expenditure  necessary  to  avert,  mitigate,  or  relieve  such  evil;  pro- 
vided, that  such  expenditure,  contract,  or  authorization  shall  be  passed 
by  the  unanimous  vote  of  all  members  elected  or  appointed  to  each 
house  of  the  municipal  council,  and  entered  in  the  journals  of  each  house, 
and  the  character  and  fact  of  such  emergency  must  be  recited  in  the 
ordinance  authorizing  such  action;  and  such  ordinance  must  be  approved 
by  the  mayor,  auditor,  and  treasurer  of  such  city,  or  city  and  county. 

Printing  and  advertising  must  be  let  to  lowest  bidder. 

§  106.  All  city,  or  city  and  county,  official  printing  and  advertising, 
for  all  departments  thereof,  excepting  that  of  the  sheriff's  office,  shall 
be  let  by  the  municipal  council,  during  the  month  of  January  of  each 
year,  to  the  lowest  responsible  bidder,  printing,  publishing,  and  proposing 
to  advertise  in  a  newspaper  of  general  circulation  in  such  city,  or  city 
and  county,  and  that  has  been  in  existence  at  the  time  of  the  letting 
of  said  contract  at  least  three  years;  and  provided,  that  any  such  news- 
paper may  bid  for  the  whole  or  any  part  of  the  advertising.  The  bids 
shall  be  opened  by  the  board  of  aldermen,  and  all  bidders  may  be  present 
thereat.  No  bid  shall  be  considered  in  which  there  shall  be  any  erasure 
or  interlineation.  All  such  contracts,  when  awarded,  shall  be  entered 
into  and  bonds  taken  by  the  clerk  of  the  board  of  aldermen,  in  such 
sum  and  containing  such  conditions  as  the  board  of  aldermen  shall  pro- 
vide. 

Contracts,  how  made. 

§  107.  All  contracts  relating  to  city,  or  city  and  connty,  affairs  shall 
be  in  writing,  signed  and  executed  in  the  name  of  the  city,  or  city  and 
county,  by  the  officer  authorized  to  malte  the  same;  and  in  cases  not 
otherwise  directeel  by  the  law,  such  contracts  shall  be  made  and  entered 
into  by  the  mayor.  All  contracts  shall  be  countersigned  by  the  audi- 
tor, and  registered,  by  number  and  dates,  in  his  office,  in  a  book  to  be 
kept  by  him  for  that  purpose.  In  all  eases  of  letting  contracts  to  bid- 
ders, when  for  any  reason  a  contract  fails  of  completion,  new  bids  shall 
be  invited,  openecl,  and  awarded,  as  provided  in  this  chapter  in  the  first 
instance,  until  a  sufficient  contract  is  executed.  In  all  cases  when  the 
board  of  aldermen  have  reason  to  think  the  prices  too  high,  or  that  bid- 
ders have  combined  together  to  prevent  genuine  bidding,  or  for 
any  reason  that  the  public  interests  will  be  subserved,  it  may  in  its 
discretion,  reject  any  and  all  bids,  and  cause  the  same  to  be  readver- 
tised.  The  provisions  of  this  act,  as  to  bids  and  contracts,  shall  be  en- 
forced by  the  municipal  council  by  appropriate  ordinances  as  to  all  bids, 
proposals,  and  contracts  with  such  city,  or  city  and  county,  or  any  de- 
partment thereof. 


Act  2348,  §§  118-121  GENERAL  LAWS.  702 

Article    IV. — Executive    Department. 
Qualifications  and  duties  of  mayor. 

§  118.  The  mayor  shall  be  the  chief  executive  officer;  shall  be  a  quali- 
fied voter,  at  least  twenty-five  years  of  age,  and  shall  have  been  a  citizen 
of  the  United  States  and  of  this  state,  and  a  resident  in  such  city,  or 
city  and  county,  for  "three  years.  It  shall  be  his  duty  vigilantly  to  ob- 
serve the  official  conduct  of  all  public  officers  of  such  city,  or  city  and 
county,  and  to  take  note  of  the  fidelity  and  exactitude,  or  the  want 
thereof,  with  which  they  execute  their  duties  and  obligations,  especially 
in  the  collection,  custody,  administration,  and  disbursement  of  the  public 
funds  and  property,  for  which  purpose  the  books,  records,  and  official 
papers  of  all  boards,  officers,  and  magistrates  of  such  city,  or  city  and 
county,  shall  at  all  times  be  open  to  his  inspection.  He  shall  take 
especial  care  to  see  that  the  books  and  records  of  all  such  officers  are 
kept  in  legal  and  proper  form;  and  any  oflicial  defalcation,  or  willful 
neglect  of  duty,  or  official  misconduct,  which  he  may  have  discovered, 
or  which  shall  have  been  reported  to  him,  shall  at  the  earliest  oppor- 
tunity be  laid  before  the  municipal  council,  and  before  the  grand  jury, 
in  order  that  the  public  interests  shall  be  protected  and  the  officer  in 
default  be  proceeded  against  according  to  law.  He  shall,  from  time  to 
time,  give  the  municipal  council  information  relative  to  the  state  of 
such  city,  or  city  and  county,  and  shall  recommend  to  their  considera- 
tion such  measures  as  he  may  deem  expedient  in  the  interests  of  the 
city.  He  shall  take  care  that  the  laws  of  the  state  and  the  ordinances 
of  the  municipal  council  are  enforced. 

Mayor  pro  tempore, 

§  119.  Whenever  and  so  long  as  the  mayor,  from  any  cause,  is  unable 
to  perform  his  official  duties,  the  board  of  aldermen  shall  designate  one 
of  their  num.ber  as  mayor  pro  tempore,  who  shall  perform  the  same. 

Special  sessions  of  council. 

§  120.  The  mayor  may,  by  due  notice,  call  special  sessions  of  the 
municipal  council,  and  shall  specially  state  to  them,  when  assembled, 
the  objects  for  which  they  have  been  specially  convened,  and  their  ac- 
tions shall  be  confined  to  such  objects. 

Duties  of  auditor. 

§  121.  The  auditor  shall  be  the  head  of  the  finance  department  of  such 
city,  or  city  and  county,  and  as  such  required  to  be  constantly  acquainted 
with  the  exact  condition  of  the  treasury,  and  every  lawful  demand  upon 
it.  He  shall  keep  a  public  office,  and  give  his  personal  attendance  there 
daily  during  the  office  hours  fixed  in  this  chapter,  and  shall  not  follow 
or  engage  in  any  other  occupation  or  calling  while  he  holds  said  office. 
If  he  absents  himself  from  his  office  during  such  office  hours,  except 
on  indispensable  official  business  or  urgent  necessity,  he  shall  lose  his 
salary  for  the  day;  and  it  shall  be  a  part  of  his  official  duty  to  keep 
account  of  the  times  and  occasions  when  he  shall  be  so  absent  froin 
duty.     He   shall   be   the   general   accountant    of   such   city,   or   city   and 


703_  MUNICIPAL   CORPORATION  BILL.      Act  2348,  §§  122,  123 

county,  and  as  such  it  shall  be  his  duty  to  receive  and  preserve  in 
his  office  all  accounts,  books,  vouchers,  documents,  and  papers  relating 
to  the  accounts  or  contracts  of  such  city,  or  city  and  county;  its  debts, 
revenues,  and  other  fiscal  affairs,  and  to  adopt  a  proper  mode  and  man- 
ner of  double-entry  bookkeeping,  and  keep  the  accounts  of  such  city, 
or  city  and  county,  general  and  special,  in  a  systematic  and  ordcriy 
manner.  He  shall  state  and  render  all  accounts  filed  or  kept  in  his 
office  between  the  city  and  other  persons  or  body  corporate,  except 
when  otherwise  provided  by  law  or  ordinance.  He  shall  have  power  to 
administer  oaths,  and  shall  require  settlements  of  accounts  to  be  verified 
by  affidavit  whenever  he  thinks  proper.  He  shall  be  responsible  for  all 
acts  of  his  employees. 

Duties  of  treasurer. 

§  122.  The  treasurer  of  such  city,  or  city  and  county,  shall  receive 
and  safely  keep  in  a  secure  fire-proof  vault,  to  be  prepared  for  that  pur- 
pose, all  moneys  belonging  to  or  which  shall  be  paid  into  the  treasury, 
and  shall  not  loan,  use,  or  deposit  the  same,  or  any  part  thereof,  to  or 
with  any  banker  or  other  person,  nor  pay  out  any  part  of  said  moneys 
except  on  demand  authorized  by  this  chapter,  and  after  they  have  been 
duly  audited.  He  shall  keep  the  key  of  said  vault,  and  not  suffer  the 
same  to  be  opened  except  in  his  presence.  At  the  closing  up  of  the 
same  each  day  he  shall  take  an  account  and  enter  in  the  proper  book 
the  exact  amount  of  money  on  hand,  and  at  the  end  of  every  month  he 
shall  make  and  publish  a  statement  of  all  receipts  into  and  payments 
from  the  treasury,  and  on  what  account.  If  he  violates  any  of  the  pro- 
visions of  this  section  he  shall  be  considered  a  defaulter,  and  shall  be 
deemed  guilty  of  a  misdemeanor  in  office,  and  be  liable  to  removal,  and 
shall  be  proceeded  against  accordingly.  If  he  loan  or  deposit  said 
moneys,  or  any  part  thereof,  contrary  to  the  provisions  oP  this  section, 
or  apply  the  same  to  his  own  use,  or  the  use  of  any  other  person,  in  any 
manner  whatsoever,  or  suffer  the  same  to  go  out  of  his  personal  cus- 
tody, except  in  payment  of  audited  demands  upon  the  treasury,  he  shall 
be  deemed  guilty  of  a  felony,  and,  on  conviction  thereof,  shall  suffer  im- 
prisonment in  the  state  prison  for  a  period  not  less  than  tbree  months 
nor  more  than  ten  years. 

Duties  of  treasurer. 

§  123.  The  treasurer  shall  keep  the  money  "belonging  to  each  fund 
separate  and  distinct,  and  shall  in  no  case  pay  demands  chargeable  against 
one  fund  out  of  moneys  belonging  to  another,  except  as  otherwise  pro- 
vided in  this  chapter,  without  an  express  ordinance  of  the  municipal 
council,  wliich  can  only  be  made  during  or  after  the  end  of  the  third 
quarter  of  the  fiscal  year,  by  a  vote  of  two  thirds  of  each  house.  The 
said  treasurer  shall  give  his  personal  attendance  at  his  public  office  dur- 
ing the  office  hours  fixed  by  this  chapter,  and  if  he  be  absent  himself 
therefrom,  except  on  account  of  sickness  or  urgent  necessity  during 
such  office  hours,  he  shall  lose  his  salary  for  the  entire  day  on  which  he 
was  absent. 


Act  2343,  §§  124-123  GENERAL  LAWS.  .704 

Duties  of  county  clerk. 

§  124.  The  county  clerk  of  such  city  and  county  f5liall  take  charge  of 
and  safely  keep,  or  dispose  of  according  to  law,  all  books,  papers,  and 
records  which  are  or  may  be  filed  or  deposited  in  his  office,  and  of  all 
the  courts  of  which  he  is  clerk;  and  he  shall  not  allow  any  paper, 
files,  or  records  to  leave  his  custody,  except  when  required  by  the  judges 
of  the  courts,  to  be  used  by  them  or  any  of  them. 

Original  papers  not  to  be  produced  in  court  except  on  subpoena. 

§  125.  No  judge  or  officer  of  any  court  shall  make  any  order  for  the 
delivery  by  the  county  clerk  of  such  city  and  county,  of  any  paper,  files, 
or  records  in  his  custody,  except  bills  of  exceptions  and  statements  on 
motion  for  a  new  trial;  nor  shall  the  courts,  or  judges  thereof,  have  any 
power  to  make  orders  for  the  delivery  of  any  certificate  of  incorpora- 
tion, bonds,  or  other  papers  filed  with  the  said  county  clerk.  Whenever 
any  of  said  papers  are  required  for  evidence  in  any  of  the  courts  within 
such  city  and  county,  the  county  clerk,  or  his  deputies,  shall  produce 
the  same  under  subpoena  or  order  of  the  court,  or  furnish  certified  copies 
of  the  same  on  application,  on  payment  to  said  clerk  for  said  copy  at 
the  rate  of  ten  cents  per  folio  for  each  hundred  words,  which  shall  be 
paid  into  the  city  and  county  treasury  by  him. 

County  clerk  not  to  attend  as  witness  outside  of  city,  unless  his  expenses 

are  paid. 

§  126.  Neither  the  county  clerk  nor  any  of  his  deputies  shall  be  re- 
quired to  attend  as  witnesses,  in  their  official  capacities,  outside  of  such 
city  and  county,  except  in  criminal  cases,  unless  his  expenses  be  paid  at 
the  rate  of  ten  cents  per  mile  to  and  from  the  place  where  he  may  be 
required,  and  three  dollars  a  day  for  each  day's  attendance.  A  suffi- 
cient number  of  deputies  shall  be  assigned  by  him  as  courtroom  clerks 
to  the  various  courts  of  which  he  is  the  official  clerk,  while  such  courts 
are  in  session,  and  to  do  duty  in  the  office  when  such  courts  are  not  in 
session.  He  shall  transfer  such  deputies  to  duty  in  court,  or  at  his 
office,  as  the  exigency  of  the  service  may  require,  so  as  to  efficiently 
perform  the  work  in  the  most  economical  manner  possible. 

Fee  for  law  library. 

§  127.  On  the  commencement  in  or  removal  to  the  superior  court  of 
such  city  and  county  of  any  civil  action  or  proceeding,  he  shall  collect 
from  the  plaintiff,  or  party  instituting  such  proceeding  or  filing  the  first 
papers  therein,  the  sum  of  one  dollar,  and  pay  over  the  same  at  the 
end  of  each  month  to  the  treasurer  of  the  law  library  provided  for  in 
this  chapter;  and  the  payment  of  the  sum  of  one  dollar  shall  be  a  con- 
dition precedent  to  the  commencement  of  such  action  or  proceeding,  for 
which  sum  so  required  to  be  collected  he  and  his  sureties  shall  be  re- 
sponsible on  his  official  bond. 

Tax  collector  to  be  charged  with  moneys,  etc.,  coming  into  his  hands. 

§  128.  The  tax  collector,  upon  the  final  settlement  to  be  made  by  him 
as  such  tax  coUector,  according  to  the  requirements  of  the  law,  shall  be 


705  MUNICIPAL  CORPORATION  BILL.      Act  234S,  §§  129-l/ 

charged  with,  and  shall  pay  into  the  hands  of  the  treasurer,  the  full 
amount  of  all  taxes  paid  to  him  under  protest  or  otherwise,  or  by  him 
collected  and  not  previously  paid  over,  without  any  deduction  of  com- 
missions, fees,  or  otherwise;  he  shall  also  be  charged  with  and  be  deemed 
debtor  to  the  treasury  for  the  full  amount  of  all  taxes  due  upon  the 
delinquent  list  delivered  to  him  for  collection,  unless  it  be  made  to 
appear  that  it  was  out  of  his  power  to  collect  the  same  by  levy  and  sale 
of  any  property  liable  to  be  seized  and  sold  therefor.  If  the  impossi- 
bility to  collect  any  portion  of  such  delinquent  taxes  have  resulted  from 
such  negligence  or  defects  in  such  assessment  caused  by  the  willful  mis- 
conduct of  the  assessor,  then  the  assessor  whose  duty  it  was  to  make 
the  assessment  shall  be  liable  and  be  deemed  debtor  to  the  treasury  for 
the  amount  remaining  uncollected  for  that  cause. 

Election  of  assessor  and  his  dutieSo 

§  129.  There  shall  be  elected  by  the  qualified  voters  of  such  city,  or 
city  and  county,  at  the  general  state  election,  an  assessor,  who  shall 
take  office  on  the  first  Monday  after  the  first  day  of  January  next  fol- 
lowing his  election,  and  hold  for  the  term  of  four  years,  and  until  his 
successor  is  elected  and  qualified.  It  shall  be  his  duty  to  assess  all  tax- 
able property  within  such  city,  or  city  and  county. 

Duty  of  sheriff. 

§  130.  The  sheriff  shall  attend  in  person,  or  by  deputy,  all  the  courts 
in  and  for  such  city  and  county,  except  the  police  courts.  He  shall  obey 
the  lawful  orders  and  directions  of  such  courts,  and  in  all  other  respects 
conform  to  the  laws  regulating  sheriffs  in  this  state. 

Duties  of  recorder. 

§  131.  The  recorder  of  such  city  and  county  shall  have  the  custody 
of  all  books,  records,  maps,  and  papers  deposited  in  his  office.  He,  or 
his  chief  deputy,  when  any  papers  are  presented  for  registration,  or  to 
be  copied,  shall  write  on  the  margin  of  each  paper  so  presented  the  num- 
ber of  folios  paid  for,  and  shall,  in  his  monthly  return  to  the  treasurer, 
certify  under  oath  the  number  of  folios  copied  or  registered  by  each 
deputy  or  copyist  appointed  by  him;  and  such  certificate  of  the  recorder 
or  his  chief  deputy  shall  be  conclusive  evidence  to  authorize  the  auditor 
to  audit  such  certified  accounts  of  such  deputies  or  copyists  monthly. 
He  shall  appoint  as  many  copyists  as  he  shall  deem  necessary  to  the 
proper  discharge  of  the  duties  of  his  office,  who  shall  be  paid  at  the 
rate  of  twelve  cents  per  folio  of  one  hundred  words  for  all  matters  reg- 
istered or  copied  by  them  respectively. 

Duties  of  district  attorney. 

§  132.  The  district  attorney  is  the  public  prosecutor,  and  shall  be  an 
attorney  of  the  supreme  court,  and  shall  attend  the  superior  court  of 
this  state,  in  and  for  such  city  and  county,  and  such  other  courts  as 
may  be  hereafter  established  in  and  for  the  same,  and  conduct  therein, 
on  behalf  of  the  people,  all  prosecutions  for  public  offenses.  He  shall 
perform  such  other  duties  as  are  prescribed  by  law. 
Gen.  Laws — 45 


Act  2348,  §§  133-136  GENERAL  LAWS.  706 

Duties  of  city  and  county  attorney. 

§  133.  The  city,  or  city  and  county,  attorney  shall  be  an  attorney  of 
the  supreme  court,  and  shall  prosecute  and  defend  all  suits  and  actions 
at  law  and  in  equity,  and  conduct  all  legal  proceedings,  in  the  courts 
and  elsewhere,  necessary  to  preserve  and  protect  such  city's,  or  city 
and  county's,  rights,  whether  such  suits  or  proceedings  be  conducted  in 
the  name  of  such  city,  or  city  and  county,  or  in  the  name  of  others.  He 
shall  give  legal  advice  to  the  city  government,  and  all  the  officers,  boards, 
and  departments  thereof,  when  required  so  to  do,  and  perform  such  other 
duties  as  such  attorney  as  the  municipal  council  shall  from  time  to  time 
prescribe.  He  shall  keep  in  his  office  well-bound  books  of  registry,  in 
which  shall  be  entered  and  kept  a  register  of  all  actions,  suits,  and  pro- 
ceedings in  which  such  city,  or  city  and  county,  is  interested.  Each 
outgoing  city,  or  city  and  county,  attorney  shall  deliver  such  books  and 
all  other  records,  law  reports,  quarterly  reports  from  municipal  boards 
and  officers,  documents,  statutes,  papers,  furniture,  and  property,  in  his 
possession,  to  his  successor  in  office,  who  shall  give  him  duplicate  re- 
ceipts therefor,  one  to  be  filed  in  the  office  of  the  auditor  and  one  to  be 
retained  by  the  outgoing  city,  or  city  and  county,  attorney. 

Public  administrator. 

§  134.  The  public  administrator  of  such  city,  or  city  and  county,  shall 
be  subject  to  the  orders  of  the  superior  court  in  and  for  such  city,  or 
city  and  county,  and  shall  perform  all  the  duties  prescribed  by  law. 

Duties  of  coroner. 

§  135.  The  coroner  of  such  city,  or  city  and  county,  in  addition  to 
the  duties  imposed  by  law  upon  every  coroner,  shall  keep  a  record  of 
all  inquests  held  by  him,  with  a  copy  of  all  testimony  and  the  inquisi- 
tion of  the  jurors  in  full;  and  in  case  of  loss  of  the  original  records, 
the  same  shall  be  admissible  in  evidence  with  like  effect  as  the  original 
would  have  been.  He  may  appoint  such  deputies,  and  a  messenger  or 
messengers,  as  are  allowed  in  this  act,  or  as  may  be  hereafter  allowed 
by  the  municipal  council  of  such  city,  or  city  and  county.  He  shall 
receive  no  fees  for  any  services  rendered  by  him. 

Duties  of  superintendent  of  streets. 

§  136.  The  superintendent  of  streets  shall  keep  a  public  office,  in 
some  convenient  place,  to  be  designated  by  the  municipal  council.  His 
office  shall  be  kept  open  as  in  this  chapter  provided.  He  shall  not,  dur- 
ing his  continuance  in  office,  follow  any  other  profession  or  calling,  but 
shall  be  required  to  devote  himself  exclusively  to  the  duties  of  his  said 
office.  He  sliall  have  under  his  special  chargo  the  construction,  recon- 
struction, repairing,  and  cleansing  of  all  public  sewers,  man-holes,  sinks, 
drains,  cesspools,  and  of  the  public  streets,  highways,  alleys,  places,  and 
squares,  excepting  the  parks.  It  shall  be  his  duty  to  see  that  the  laws, 
orders,  and  regulations  relative  to  the  public  streets  and  highways, 
alleys,  places,  and  squares  are  carried  into  execution,  and  that  the  penal- 
ties therefor  are  rigidly  enforced,  as  may  be  prescribed  by  the  municipal 


I 


/ 

707  MUMCIPAL  CORPORATION  BILL.      Act  2348,  §§  137,  138* 

council.  He  shall  keep  himself  informed  of  the  condition  of  all  public 
streets,  highways,  alleys,  places,  and  squares;  and  should  he  fail  to  see 
that  the  laws,  ordinances,  a«d  regulations  relating  to  the  public  streets, 
highways,  alleys,  places,  and  squares  are  carried  into  exofution,  after 
notice  from  any  citizen  of  a  violation  thereof,  such  superintendent  and 
his  sureties  shall  be  liable  upon  his  official  bond  to  any  person  injured 
in  person  or  property  by  such  official  neglect. 

Duties  of  surveyor. 

§137.  The  city,  or  city  and  county,  surveyor  shall  be  engineer-in-chief 
of  such  city,  or  city  and  county,  and  of  the  sewerage  system;  shall  make 
all  necessary  plans,  surveys,  maps,  and  drawings,  and  other  necessary 
things,  and  keep  the  same  in  his  office;  and  all  such  maps,  plans,  ma- 
chinery, and  drawings  shall  be  the  property  of  such  city,  or  city  and 
county,  and  remain  in  the  office,  and  be  transferred  by  the  outgoing  to 
the  incoming  officer.  He  shall  do  all  necessary  surveying  and  engineer- 
ing for  the  streets,  alleys,  highways,  and  squares,  at  "^the  request  of  the 
municipal  council,  or  of  any  committee  appointed  by  either  branch  of 
the  same,  and  all  or  any  other  surveying  and  engineer [ing]  work  that 
such  city,  or  city  and  county,  may  require,  and  of  the  public  parks,  at 
the  request  of  the  park  commissioners. 

Appointment  of  collector  of  licenses  and  his  duties. 

§  138.  Within  twenty  days  after  their  first  meeting,  the  municipal 
council  of  such  city,  or  city  and  county  shall  appoint  a  suitable  person 
as  collector  of  licenses  of  such  city,  or  city  and  county,  who  shall  hold 
office  for  two  years  from  and  after  his  appointment,  and  until  his  succes- 
sor shall  be  appointed  and  qualified.  In  case  of  a  vacancy  occurring  by 
death  or  otherwise  in  the  office  of  the  collector  of  licenses  of  such  city, 
or  city  and  county,  holding  his  office  under  the  provisions  of  this  chap- 
ter, the  same  shall  be  filled  for  the  remainder  of  the  unexpired  term  by 
appointment  of  the  board  of  aldermen;  and  in  case  of  the  inability  of 
said  collector  of  licenses  to  act,  his  place  shall,  in  the  same  manner,  be 
temporarily  filled  until  such  disability  is  removed.  The  collector  of 
licenses  and  his  deputies  are  hereby  authorized,  empowered,  and  required 
to  collect  all  the  municipal  licenses  now  required  to  be  collected,  or 
which  shall  hereafter  be  required  to  be  collected  by  them,  or  either  of 
them;  and  it  shall  be  the  duty  of  said  collector  of  licenses,  and  his  depu- 
ties, or  assistant  collectors,  to  attend  to  the  collection  of  licenses,  and 
examine  all  places  of  business  and  persons  liable  to  pay  licenses,  and  to 
see  that  licenses  are  taken  out  and  paid  for.  They  shall  each  have  and 
exercise,  in  the  performance  of  their  official  duties,  the  same  powers  as 
police  officers  in  serving  process  or  summons,  and  in  making  arrests;  also 
shall  each  have  and  exercise  the  power  to  administer  such  oaths  and 
affirmations  as  shall  be  necessary  in  the  discharge  and  exercise  of  their 
official  duties;  and  they,  and  each  of  them,  are  hereby  empowered  to 
enter  any  place  of  business  for  v^hich  a  license  by  law  is  provided  and 
required,  free  of  charge,  at  their  pleasure,  and  to  demand  the  exhibi- 
tion of  any  license  for  the   current   time  from   any  person,   or  firm,   or 


Act  2348,  §§  139,  140  GENERAL  LAWS.  708 

corporation  engaged  or  employed  in  the  transaction  of  any  business  for 
which  a  license  is  by  law  rendered  necessary;  and  if  such  person,  or 
firm,  or  corporation,  or  either  of  them,  shall  be  unable,  or  refuse,  or 
neglect,  or  fail,  to  then  and  there  exhibit  such  license,  he,  she,  or  they, 
as  the  case  may  be,  shall  be  deemed  guilty  of  a  misdemeanor,  and  on 
conviction  thereof  shall  be  punished  accordingly. 

License  moneys. 

§  139.  The  collector  of  licenses  shall  daily  pay  to  the  treasurer  of 
such  city,  or  city  and  county,  all  moneys  so  collected  for  licenses  sold, 
or  by  him  received  as  fees;  and  shall,  under  oath,  at  least  once  in  each 
calendar  month,  and  oftener  when  required  so  to  do  by  the  auditor, 
make  to  the  auditor  a  report  of  all  such  licenses  sold  and  on  hand,  and 
of  all  amounts  so  paid  to  the  city,  or  city  and  county,  treasurer;  shall 
at  such  time  exhibit  to  the  auditor  all  unsold  licenses  in  his  hands,  and 
the  treasurer's  receipts  for  all  moneys  paid  into  the  treasury;  and  all 
licenses  so  signed  by  the  license  collector,  or  deputy  license  collector, 
or  either  of  them,  shall  be  as  valid  as  if  signed  by  the  city,  or  city  and 
county,  treasurer.  All  fees  so, paid  to  him  shall  be  placed  to  the  credit 
of  the  proper  fund  by  the  treasurer. 

Department  of  police. 

§  140.  The  department  of  police  of  such  city,  or  city  and  county,  shall 
consist  of: 

Police  commissioners,  how  appointed. 

First — A  board  of  police  commissioners  of  such  city,  or  city  and  county, 
consisting  of  five  members,  each  of  whom  shall  be  a  qualified  voter,  at 
least  thirty  years  of  age,  and  shall  have  been  a  citizen  of  the  United 
States  and  of  this  state,  and  a  resident  of  such  city,  or  city  and  county, 
for  five  years  next  preceding  his  appointment,  four  of  whom  shall  be 
appointed  by  the  governor  and  chief  justice  of  the  supreme  court  of  the 
state  of  California,  within  thirty  days  after  the  organization  of  such 
city,  or  city  and  county,  under  this  act,  and  who  shall  hold  office  for 
the  term  of  four  years  from  and  after  the  first  Monday  next  succeeding 
the  date  of  their  appointment,  and  until  their  successors  are  appointed 
and  qualified;  and  in  the  month  next  preceding  the  expiration  of  the 
said  term,  and  every  four  years  thereafter,  the  said  governor  and  chief 
justice  of  the  supreme  court  shall  appoint  their  successors,  who  shall 
hold  ofiice  for  the  term  of  four  years  from  and  after  the  first  Monday 
next  succeeding  the  date  of  their  appointment;  but  in  making  such  ap- 
pointments, the  said  governor  and  chief  justice  shall  elect  two  qualified 
persons  from  each  of  the  two  dominant  national  political  parties.  Va- 
cancies that  may  occur  in  the  office  of  any  of  the  members  so  appointed 
shall  be  filled  by  appointment  by  said  governor  and  chief  justice,  of  some 
suitable  person  of  the  same  political  party  as  that  to  which  the  last 
incumbent  belonged,  and  for  the  remainder  of  the  vacant  term  only. 
The  four  members  appointed,  as  hereinbefore  provided,  shall  meet  in 
such  city,  or  city  and  county,  on  the  first  Monday  next  succeeding  the  date  of 


.  §iiL^ 


700  MUNICIPAL   CORPORATION  BILL.  Act  2348 

their  appointment,  and  shall  forthwith  organize  by  electing  one  of  their  num- 
ber president,  and  shall  appoint  the  other  member  of  said  board,  who  shall  be 
the  chief  of  police  of  such  city,  or  city  and  county.  Every  member  of  said 
board  shall,  before  he  enters  upon  the  duties  of  his  oflice,  take  and  subscribe 
the  following  oath  or  affirmation:  "I  do  solemnly  swear  (or  affirm,  as  the 
ease  may  be),  that  I  will  support  the  constitution  of  the  ITnited  States  and 
the  constitution  of  the  state  of  California;  that  I  will  faithfully  discharge 
the  duties  of  police  commissioner  according  to  the  best  of  my  ability; 
and  that  in  the  discharge  of  my  duties  I  will  make  no  appointment  to, 
or  removal  from  the  police  force  for  political  or  partisan  reasons;  and 
that  I  will,  to  the  best  of  my  ability,  discharge  the  duties  of  said 
office  impartially  and  uninfluenced  by  political  considerations,  or  any 
consideration  other  than  that  of  the  public  good."  Ever}'  member  of 
said  board  who  shall  absent  himself  from  such  city,  or  city  and  county, 
for  the  continuous  period  of  sixty  days,  shall,  by  force  thereof,  cease 
to  be  a  police  commissioner,  and  his  office  shall  become  vacant.  No 
member  of  said  board  shall  be  eligible  to  any  other  office  during  his 
incumbency  of  the  office  of  police  commissioner.  No  member  of  said 
board  shall,  during  his  term  of  office,  be  a  member  of  any  convention, 
the  purpose  of  which  is  to  nominate  candidates  for  office,  nor  act  as  a 
judge,  inspector,  clerk,  or  officer  of  any  election,  or  primary  election, 
or  take  part  in  any  election  except  to  deposit  his  vote;  nor  shall  any 
member  of  said  board,  directly  or  indirectly,  influence,  or  attempt  to 
influence  or  control,  the  political  action  of  any  member  of  the  police 
force  of  such  city,  or  city  and  county,  or  any  employee  of  said  depart- 
ment; nor  shall  any  member  of  said  board  collect,  or  suffer  to  be  col- 
lected, from  any  member  or  employee  of  said  department,  any 
assessment  or  contribution  for  political  purposes.  A  violation  of  any  o* 
the  provisions  of  this  section  shall  be  a  misdemeanor,  and  shall  be 
cause  for  the  immediate  removal  from  office  of  the  person  guilty  of 
such  violation.  The  said  board  shall  hold  sessions  at  least  once  a  month 
in  the  office  of  chief  of  police,  or  in  such  other  conveaient  place  as  the 
municipal  council  of  such  city,  or  city  and  county,  shall  designate,  or, 
in  case  of  emergency,  at  such  place  as  it  shall  select,  and  the  clerk  of 
the  chief  of  police,  hereinafter  provided  for,  shall  act  as  clerk  of  said 
board.  Every  member  of  said  boaid,  and  the  clerk  of  said  board,  shall 
have  power  to  administer  oaths  in  all  matters  pertinent  to  the  busi- 
ness of  their  respective  offices,  and  in  all  investigations  pending  before 
said  board,  or  any  member  thereof.  The  said  board  shall  keep  a  record 
of  its  proceedings.     The  said  board  shall  have  power: 

Powers  of  board. 

1.  To  appoint,  suspend,  or  remove  any  person  from  the  police  force  of 
such  city,  or  city  and  county;  provided,  however,  that  the  chief  of  police 
shall  only  be  removable  in  the  manner  provided  by  law  for  the  removal 
of  other  municipal  officers. 

Prescribe  rules. 

2.  To  prescribe  all  needful  rules  and  regulations  for  the  control,  gov- 
ernment, and  discipline  of  said  police  force,  and  from  time  to  time  to 


Act  2348,  §  140  GENERAL  LAWS.  710 

alter   or  repeal   the   same,   and   prescribe   penalties  for   the   violation   of 
any  of  them. 

Determine  complaints. 

3.  To  hear  and  summarily  determine  all  complaints  of  misconduct,  in- 
efficiency, or  other  charge  against  any  member  of  said  police  force,  and 
to  take  such  action  thereon  as  shall  be  conducive  to  the  maintenance 
of  the  discipline  and  efficiency  of  the  same. 

Grant  permits. 

4.  To  grant  permits  to  all  persons  desiring  to  engage  in  the  retail 
liquor  business  in  such  city,  or  city  and  county,  and  to  revoke  any  such 
permit  whenever  it  shall  be  made  to  appear  to  said  board  that  the  re- 
tail liquor  business  of  the  person  to  whom  such  permit  was  given  is  con- 
ducted in  a  disorderly  or  improper  manner,  or  whenever  it  shall  be  made 
to  appear  that  the  person  to  whom  such  permit  was  granted  has,  after 
the  grant  of  such  permit,  been  convicted  in  the  police  or  other  court 
of  such  city,  or  city  and  county,  of  disorderly  or  improper  conduct,  or 
of  the  commission  of  any  criminal  offense  upon  the  premises  whereon 
such  retail  liquor  business  is  conducted;  provided,  however,  that  when- 
ever said  board  refuses  to  grant  such  permit,  or  proposes  to  revoke 
such  permit,  the  person  who  is  refused  such  permit  or  whose  permit  is 
proposed  to  be  revoked,  shall  be  entitled  to  be  heard  before  said  board 
in  person  or  through  counsel,  and  to  have  free  of  charge  all  reasonable 
facilities  for  the  full,  fair,  and  impartial  hearing  on  the  merits  of  his 
application  or  opposition.  In  such  permit  shall  be  distinctly  stated  and 
described  the  name  of  the  person  to  whom  the  same  is  given,  and  the 
premises  on  which  such  retail  business  is  proposed  to  be  carried  on. 

Appoint  special  officers. 

5.  Upon  the  petition  of  any  person,  firm,  or  corporation,  to  appoint  a 
special  officer  to  do  special  service  to  be  paid  for  by  such  person,  firm, 
or  corporation,  specifying  the  boundary  or  locality  at  or  within  which 
he  is  to  act  as  such  special  officer,  which  boundary  or  locality  shall  be 
described  in  his  warrant  of  appointment;  provided,  that  no  special  officer 
shall  be  appointed  to  act  in  any  part  of  such  city,  or  city  and  county, 
commonly  known  as  the  Chinese  quarter;  and  provided  further,  that  all 
special  officers  shall  report  daily  to  the  chief  of  police,  and  be  subject 
to  his  orders  in  case  of  emergency;  and  in  no  event  shall  such  officers 
be  paid  by  such  city,  or  city  and  county. 

Badge. 

6.  To  prescribe  the  badge  of  office  and  uniform  to  be  worn  by  all 
members  of  the  police  force,  and  the  badge  of  office  to  be  worn  by  all 
special  officers. 

Contingent  expenses. 

7.  To  allow  and  order  paid  out  of  the  police  contingent  fund,  for  con- 
tingent expenses,  any  and  all  orders  signed  by  the  chief  of  police;  pro- 
vided,  that   the   aggregate   of   such  orders   shall  not   exceed   the  sum  of 


711  MUNICIPAL   CORPORATION  BILL.  Act  2348,  §  140 

seven  thousand  two  hundred  dollars  a  year,  which  sum  shall  be  set  apart 
annually  in  the  treasury  of  said  city  and  county  for  this  purpose. 

Appoint  substitutes. 

8.  To  appoint  substitutes,  not  to  exceed  four  per  cent  of  the  police 
force,  to  serve  under  such  regulations,  and  subject  to  such  restrictions, 
as  it  may  prescribe,  and  without  pay  from  such  city,  or  city  and  county. 

Issue  subpoenas,  etc. 

9.  To  issue  subpoenas,  tested  in  the  name  of  its  president,  and  to  en- 
force obedience  thereto,  and  punish  disobedience  thereof,  in  the  same 
manner  and  to  the  like  extent  as  the  justices'  court  of  such  city,  or 
city  and  county;  and  to  exercise  the  same  powers  as  the  said  justices' 
court  in  preserving  decorum  in  all  open  sessions  of  said  board,  and 
to  punish  any  contempt  committed  thereat. 

Designate  prisons. 

10.  To  designate  the  prisons  to  be  used  for  the  reception  of  all  per- 
sons arrested,  convicted,  or  sentenced  for  public  offenses  in  cases  not 
provided  for  by  law  or  by  ordinance;  to  establish  stations  and  station- 
houses,  or  substations  and  substation-houses,  at  its  discretion,  for  the 
accommodation  thereat  of  members  of  the  police  force,  and  as  places  of 
temporary  detention  for  persons  arrested. 

Discretionary  powers. 

11.  In  its  discretion,  on  conviction  of  a  member  of  the  force  of  any 
legal  offense,  or  neglect  of  duty,  or  violation  of  the  rules  of  the  board, 
or  neglect  of  or  disobedience  of  orders,  or  incapacity,  or  absence  without 
leave,  or  any  conduct  injurious  to  the  public  peace  or  welfare,  or  other 
breach  of  discipline,  or  immoral  conduct,  or  any  conduct  unbecoming  an 
officer,  to  punish  the  offending  party  by  reprimand,  forfeiting  and  with- 
holding pay  for  a  special  time,  suspension,  or  dismissal  from  the  force; 
all  such  fines  shall  be  immediately  paid  into  the  treasury  to  the  credit  of 
the  police  life  and  health  insurance  fund. 

Warrant  of  appointment. 

12.  To  issue  to  every  member  of  the  police  force  a  proper  warrant  of 
appointment,  signed  by  the  president  and  countersigned  by  the  clerk 
of  the  board,  which  warrant  shall  contain  the  date  of  his  appointment 
and  hia  rank. 

Supplies. 

13.  To  make  requisition  on  the  municipal  council  of  such  city,  or  city 
and  county,  for  all  supplies  or  necessaries  that  may  be  required  in  the 
administration  of  the  department;  provided,  that  the  aggregate  amount 
of  the  same,  exclusive  of  salaries,  shall  not,  in  any  one  fiscal  year,  ex- 
ceed the  sum  of  five  thousand  dollars. 

Report,  when  made. 

14.  "To  annually,  on  or  before  the  first  day  of  August,  report  to  the 
municipal  council  an  estimate  of  the  amount  of  money  that  will  be  re- 


Act  2348,  §  140  GENERAL  LAWS.  712 

quired  to  pay  all  salaries  of  the  department,  and  of  the  amount  of  money 
that  will  be  required  for  the  administration  and  support  of  the  depart- 
ment in  such  year,  specifying  in  detail  the  purposes  and  items  for  which 
the  same  will  be  required,  with  the  estimated  cost  thereof,  respectively. 

Sale  of  property. 

15.  To  provide  for  the  custody,  care,  restitution,  sale,  time,  place,  and 
manner  of  sale  of  all  property  that  may  come  into  the  possession  of  the 
property  clerk  hereinafter  provided  for. 

Control  police  life  insurance  fund. 

16.  To  control,  care  for,  and  manage  the  police  life  and  health  insur- 
ance fund  hereinafter  mentioned,  which  fund  shall  consist  of  the  moneys 
retained  from  the  monthly  salaries  of  the  members  of  the  police  force, 
fines  collected  from  memloers  of  said  force,  and  of  such  other  moneys 
as  may  be  contributed  thereto  by  law,  or  ordinance,  or  by  gift,  devise, 
or  bequest,  and  of  all  moneys  to  the  credit  of  said  fund  at  the  time 
said  board  shall  take  ofBce,  and  to  invest  the  moneys  of  said  fund  in 
such  of  the  following  securities  as  shall  seem  most  safe  and  profitable, 
viz.:  the  bonds  of  such  city,  or  city  and  county,  the  bonds  of  the  state 
of  California,  and  the  bonds  of  the  United  States  of  America.  The 
moneys  and  securities  shall  be  held  by  the  treasurer  of  such  city,  or 
city  and  county,  who  shall  have  no  power  to  deposit,  pledge,  or  in  any 
other  way  part  with  the  same,  except  on  the  order  of  said  board. 

Payment  to  heirs  out  of  fund. 

17.  To  order  paid,  upon  the  death  of  any  member  of  the  police  force, 
out  of  the  police  life  and  health  insurance  fund,  to  the  heirs  of  such 
member,  the  sum  of  one  thousand  dollars. 

Eepajrment  to  infirm  officers. 

18.  To  order  paid,  out  of  the  police  life  and  health  insurance  fund,  to 
any  police  officer  who  shall  resign  by  reason  of  bad  health  or  bodily 
infirmity,  the  amount  of  the  principal  sum  which  such  officer  shall  have 
contributed  thereto. 

Eepajrment  to  incompetent  officers. 

19.  To  order  paid,  out  of  the  police  life  and  health  insurance  fund,  to 
any  officer  dismissed  for  mere  incompetency,  not  coupled  with  any  of- 
fense against  the  laws  of  this  state,  an  amount  not  exceeding  one-half 
of  the  principal  which  such  officer  may  have  contribu4;ed  thereto;  pro- 
vided, that  any  officer  dismissed  for  gross  neglect  or  violation  of  duty, 
or  upon  conviction  of  any  misdemeanor  or  felony,  shall  forfeit  all  claim 
upon   said  fund. 

Registration  of  demands. 

20.  In  case  said  police  life  and  health  insurance  fund  shall  not  be 
sufficient  to  pay  the  demands  on  it,  to  cause  such  demands  to  be  regis- 
tered, and  to  be  paid  in  their  order  out  of  the  fund  as  received. 


713  MUNICIPAL   CORPORATION  BILL.  Act  2348,  §  140 

Repayment  of  excess  to  certain  officers. 

21.  When  the  police  life  and  health  insiirance  fund  shall  exceed  the 
sum  of  fifty  thousand  dollars,  to  allow  and  order  paid  out  of  the  same, 
to  any  officer  who  shall  have  been  permanently  (lisal)lcd  wliile  in  the 
discharge  of  his  duty  as  such  officer,  such  sum  as  in  their  judgment  they 
shall  deem  proper,  not  to  exceed  one  thousand  dollars;  but,  in  no  case 
shall  said  fund  be  reduced  thereby  below  the  sum  of  fifty  thousand 
dollars.  The  president  of  said  board  shall  receive  a  salary  of  three 
thousand  dollars  per  annum.  The  other  members  of  said  board  shall 
each  receive  a  salary  of  one  thousand  two  hundred  dollars  per  annum, 
payable  monthly,  at  the  end  of  each  and  every  month. 

Chief  of  police,  his  powers  and  duties. 

Second.  A  chief  of  police,  appointed  as  hereinbefore  provided,  who 
shall  have  power  to  select  and  designate  one  police  officer  to  serve  as 
clerk  to  the  chief  of  police;  one  police  officer  to  serve  as  property  clerk, 
who,  before  entering  upon  his  duties,  shall  give  bond,  with  good  and 
sufficient  sureties,  in  the  sum  of  ten  thousand  dollars,  to  such  city,  or 
city  and  county,  to  be  approved  as  in  cases  of  other  official  bonds,  which 
bond  shall  be  filed  with  the  auditor  of  such  city,  or  city  and  county; 
twelve  detective  officers,  and  thirty  sergeants  of  police.  He  shall  have 
the  sole  and  exclusive  control,  direction,  and  superintendence  of  the  city 
prisons  of  such  city,  or  city  and  county,  and  may  detail  to  duty  therein 
such  number  of  officers  as  the  exigencies  shall  require.  In  the  suppres- 
sion of  any  riot,  public  tumult,  disturbances  of  the  public  peace,  or  organ- 
ized resistance  against  the  laws,  or  public  authorities,  in  the  lawful  exer- 
cise of  their  functions,  he  shall  have  all  the  powers  that  now  are  or 
may  be  conferred  upon  sheriffs  by  the  laws  of  this  state;  and  his  law- 
ful orders  shall.be  promptly  executed  by  all  police  officers,  and  every 
citizen  shall  also  lend  him  aid,  when  required,  for  the  arrest  of  offen- 
ders and  the  maintenance  of  public  order.  In  case  of  great  public  emer- 
gency or  danger,  he  may  appoint  an  additional  number  of  policemen  of 
approved  character  for  honesty  and  sobriety,  who  shall  have  the  same 
powers  as  other  police  officers,  but  who  shall  act  without  pay.  In  case 
of  imminent  danger  of  riot,  or  actual  riot,  or  organized  resistance  to 
the  laws,  he  shall  have  power,  and  it  shall  be  his  duty,  if  in  his  opinion, 
the  organized  police  force  be  insufficient  in  number  or  unequal  in  strength 
to  preserve  the  peace  and  maintain  public  order,  to  make  his  requisi- 
tion on  the  governor,  or  in  case  of  urgency  on  the  nearest  military 
commander  in  the  national  guard  of  California,  for  such  military  force 
as  may  be  necessary  for  the  occasion;  and  such  military  force  shall  be 
placed  under  his  command  until  the  restoration  of  order  and  tranquility, 
or  until  the  governor  declares  such  city,  or  city  and  county,  in  a  state 
of  insurrection,  as  provided  by  law.  He  shall  keep  a  public  office,  which 
shall  be  open,  and  at  which  he,  or  in  case  of  his  necessary  absence,  a 
captain  of  police  or  sergeant  of  police  by  him  designated  for  that  pur- 
pose, who  shall  have,  during  such  absence,  the  same  powers  as  are  con- 
ferred by  law  upon  the   chief  of  police,  shall  be  in  attendance  at  all 


Act  2348,  §  140  GENERAL  LAWS.  714 

hours  of  the  day  and  night.  In  case  of  his  absence  from  his  office,  it 
shall  be  made  known  to  the  captain  or  sergeant  of  police  in  attendance 
where  he  can  be  found  if  needed.  He  shall  designate  one  or  more  police 
officers  to  attend  constantly  upon  the  police  court  to  carry  on  the  busi- 
ness, and  to  execute  the  orders  and  process  of  said  court.  He  shall  com- 
mand, supervise,  and  direct  the  police  force;  and  shall  observe,  and  cause 
to  be  observed  and  enforced,  the  laws  and  ordinances  within  such  city, 
or  city  and  county.  He  shall  see  that  all  lawful  orders  and  process  of 
the  police  court  are  promptly  executed;  and  shall  exercise  such  other 
powers  connected  with  his  office  as  may  be  prescribed  by  law,  or  by  the 
rules  and  regulations  adopted  by  the  board  of  police  commissioners. 
He  shall  acquaint  himself  with  all  the  statutes  and  laws  in  force  in  this 
state  defining  public  offenses  and  nuisances  and  regulating  the  criminal 
proceedings;  and  shall  procure  and  keep  in  his  office  the  statutes  of  this 
state  and  of  the  United  States,  and  all  elementary  works  on  those  sub- 
jects. He  shall  give  information  and  advice  touching  said  laws  gratu- 
itously to  all  police  officers  asking  for  it.  He  shall  have  power  from 
time  to  time  to  dispose  of  such  sum  or  sums  for  incidental  expenses  as 
in  his  judgment  shall  be  for  the  best  interest  of  such  city,  or  city  and 
county;  provided,  that  the  aggregate  of  all  such  sums  shall  not,  in  any 
one  fiscal  year,  exceed  the  sum  of  seven  thousand  two  hundred  dollars; 
but  all  sums  so  disbursed  or  paid  shall  be  subject  to  the  approval  of 
the  said  board.  He  may,  for  good  cause,  grant  leave  of  absence  for 
not  more  than  thirty  days  to  any  member  of  the  police  force;  but  offi- 
cers absent  from  the  city  within  or  without  the  state  on  official  business 
shall  not  be  deemed  to  be  absentees.  As  chief  of  police,  he  shall  hold 
office  for  the  term  of  four  years  from  his  appointraent,  and  shall  receive 
a  salary  of  four  thousand  dollars  per  annum,  payable  "monthly,  at  the 
end  of  each  and  every  month. 

Captains  of  police,  how  appointed. 

Third.  Six  captains  of  police,  who  shall  be  appointed  by  the  board 
of  police  commissioners  from  the  members  of  the  police  force,  who  shall 
be  assigned  to  such  duty,  and  who  shall  be  subject  to  such  rules  and 
regulations,  as  the  chief  of  police  shall  prescribe.  They  shall  receive  a 
salary  of  two  hundred  dollars  per  month  each,  payable  monthly  at  the 
end  of  each  and  every  month. 

Police  ofacers,  their  qualifications,  powers,  and  duties. 

Fourth.  As  many  police  officers,  not  exceeding  five  hundred,  as  the 
board  of  police  commissioners  may  determine  to  be  necessary,  to  be  ap- 
pointed by  said  board;  but  it  shall  be  the  duty  of  said  board,  on  its 
first  organization,  to  appoint  as  members  of  the  police  force  the  mem- 
bers of  the  police  force,  if  any,  then  in  service,  unless  such  members 
be  incompetent  or  incapable  to  serve.  Every  person  applying  for  ap- 
pointment to  said  police  force,  unless  he  be  a  member  of  the  police 
force  then  existing  in  such  city,  or  city  and  county,  shall  produce  and 
file  with  the  said  board  a  certificate,  signed  by  not  less  than  twelve 
freeholders  and  qualified  voters  of  the  smallest  political  subdivision  of 


715  MUNICIPAL   CORPORATION  BILL.  Act  2348,  §140 

such  city,  or  city  and  county,  stating  that  they  have  been  personally 
and  well  acquainted  with  the  applicant  for  one  year  or  more  next  pre- 
ceding the  application,  and  that  the  applicant  is  of  good  repute  for 
honesty  and  sobriety,  and  they  believe  him  to  be,  in  all  respects,  compe- 
tent and  fit  for  the  office.  All  such  certificates  shall  be  preserved  in  the 
office  of  said  board,  and  shall  not  be  returned  to  the  applicant.  Every 
appointee  to  said  police  force  must  be  a  citizen  of  the  United  States 
and  of  this  state,  able  to  read  and  write  the  English  language,  and  a 
resident  of  such  city,  or  city  and  county,  at  least  five  years  previous 
to  his  appointment,  except  such  member  of  said  police  force  as  may  be 
in  service  at  the  time  of  the  organization  of  said  board;  every  appointee 
shall  not  be  less  than  twenty-five  nor  more  than  forty  j-ears  of  age, 
and  not  less  than  five  feet  and  seven  inches  in  height,  and  shall,  after 
his  nomination,  and  before  his  appointment,  pass  a  thorough  examina- 
tion by  the  surgeon  of  police,  or  by  any  physician  appointed  by  said 
board,  and  be  found  on  such  examination  to  be  sound  in  health,  and 
to  possess  the  physical  qualifications  required  for  recruits  for  the  United 
States  army.  The  police  officers,  in  subjection  to  the  rules  and  regula- 
tions of  the  said  board,  to  the  orders  of  the  respective  captains,  and 
under  the  general  direction  of  the  chief  of  police,  shall  be  prompt  and 
vigilant  in  the  detection  of  crime,  the  arrest  of  public  offenders,  the 
suppression  of  all  riots,  frays,  duels,  and  disturbances  of  the  public 
peace,  the  execution  of  process  from  the  police  court  in  causing  the 
abatement  of  public  nuisances,  and  the  enforcement  of  the  laws  and 
regulations  of  the  police.  They  shall,  as  soon  as  practicable,  upon  an 
arrest,  under  penalty  of  dismissal  from  the  force,  or  of  a  fine  of  not 
more  than  one  hundred  dollars,  or  of  both,  at  the  discretion  of  the  board, 
convey  in  person  the  offender  before  the  nearest  sitting  magistrate. 
If  the  arrest  is  made  during  the  hours  that  the  magistrate  does  not  regu- 
larly hold  court,  or  if  the  magistrate  is  not  holding  court,  such  offender 
may  be  detained  in  a  station-house  until  the  next  public  sitting  of  the 
magistrate,  and  no  longer,  unless  discharged  on  bail,  according  to  law. 
No  member  of  the  police  force  shall  be  eligible  to  any  other  office  while 
a  member  of  such  force,  nor  shall  he  take  any  part  whatever  in  any 
convention  held  for  the  purposes  of  a  political  party;  nor  shall  he  be 
a  member  of  any  political  club;  nor  shall  he  be  allowed  to  interfere 
with  politics  on  the  day  of  election,  or  at  any  time  while  emploj^ed  on 
said  force,  except  to  cast  his  vote.  No  member  of  said  police  force 
while  on  duty  shall  enter  into  any  liquor-saloon,  bar-room,  or  place 
where  liquors  are  retailed,  except  when  necessary  in  the  discharge  of 
his  duties,  on  penalty  of  reprimand,  fine,  suspension,  or  removal  from 
office.  No  member  of  the  police  force  shall  devote  his  time  to  any 
other  profession  or  calling,  become  bail  for  any  person  charged  with 
any  offense  whatever,  solicit  counsel  or  attorneys  for  prisoners,  receive 
any  present  or  reward  for  official  services  rendered,  or  to  be  rendered, 
unless  with  the  knowledge  and  approbation  of  a  majority  of  said  board; 
such  approbation  to  be  given  in  writing  and  certified  by  the  clerk  of  said 
board.  Police  officers  who  shall  be  selected  to  act  as  sergeants  of  police, 
and  police  officers  who  shall  be  selected  to  act  as  detective  police  offi- 


Act  2348,  §§  141,  142  GENERAL    LAWS.  716 

cers,  shall  each  receive  a  salary  of  one  hundred  and  twenty-five  dollars 
per  month,  payable  monthly,  at  the  end  of  each  and  every  month.  The 
police  officer  who  shall  be  selected  to  act  as  clerk  to  the  chief  of  police, 
and  the  police  officer  who  shall  be  selected  to  act  as  property  clerk, 
shall  each  receive  a  salary  of  one  hundred  and  fifty  dollars  per  month, 
payable  monthly,  at  the  end  of  each  and  every  month.  All  other  police 
officers  shall  each  receive  a  salary  of  one  hundred  and  two  dollars  per 
month,  payable  monthly,  at  the  end  of  each  and  every  month;  provided, 
that  the  treasurer  of  such  city,  or  city  and  county,  is  hereby  author- 
ized to  deduct  and  retain  from  the  salary  of  each  member  of  said  police 
force  two  dollars  from  every  month's  salary,  to  be  paid  into  the  fund 
of  the  police  life  and  health  insurance  fund  herein  mentioned. 

Surgeon  of  police,  and  his  duties. 

Fifth.  A  surgeon  of  police,  whose  duty  it  shall  be  to  attend  to  all 
cases  of  accident  or  sickness  at  the  several  police  stations,  to  attend  all 
officers  who  may  be  taken  sick  or  injured  in  the  discharge  of  their 
duty,  to  examine  all  applicants  for  appointment  on  the  police  force,  and 
to  perform  such  other  duties  as  the  board  of  police  commissioners  may 
from  time  to  time  prescribe.  He  shall  be  appointed  by  the  said  board, 
and  shall  hold  office  during  its  pleasure,  but  he  shall  not  be  removed 
without  just  cause.  He  shall  receive  a  salary  of  two  hundred  dollars 
per  month,  payable  monthly,  at  the  end  of  each  and  every  month. 

Fire  commissioners,  how  appointed  and  term  of  oiiice. 

§  141.  There  shall  be  a  board  of  fire  commissioners  of  such  city,  or 
city  and  county,  consisting  of  five  persons,  possessing  the  same  qualifica- 
tions of  eligibility  as  are  herein  prescribed  for  the  members  of  the  board 
of  aldermen,  who  shall  be  appointed  by  the  mayor,  with  the  advice  of 
the  board  of  aldermen,  and  shall  hold  office  for  the  term  of  four  years 
from  and  after  the  time  of  their  appointment,  and  no  more  than  three 
of  whom  shall  belong  to  the  same  national  political  party;  provided, 
that  the  fire  commissioners  now  acting  as  such  in  such  city,  or  city  and 
county,  shall  continue  to  hold  their  respective  offices  until  the  expiration 
of  the  term  for  which  they  may  have  been  respectively  elected  or  ap- 
pointed. 

Powers  and  duties  of  fire  commissioners. 

§  142.  The  said  board  of  fire  commissioners  shall  supervise  and  con- 
trol said  fire  department,  its  officers,  members,  and  employees,  subject 
to  the  laws  governing  the  same,  and  shall  see  that  the  officers,  members, 
and  employees  thereof  faithfully  discharge  their  duties,  and  that  the 
laws,  orders,  and  regulations  relating  thereto  are  carried  into  opera- 
tion and  effect.  They  shall  not,  nor  shall  either  of  them,  or  the  chief 
engineer,  or  assistant  chief  engineer,  or  assistant  engineers,  of  said  fire 
department,  be  interested  in  any  contracts  pertaining  in  any  manner  to 
said  fire  department,  or  the  sale,  furnishing  of  apparatus,  or  supplies 
for  the  same;  and  all  contracts  in  violation  of  this  section  are  declared 
void,  and  any  of  said  persons  violating  the  provisions  of  this  section 


T17  MUNICIPAL   CORPORATION   BILL.     Act  2348,  §§  143,  144 

shall  be  deemefl  guilty  of  misdemeanor,  and  upon  conviction,  shall  be 
punished  accordiugly.  The  municipal  council  of  such  city,  or  city  and 
county,  shall  have  power  to  contract  and  provide  for  all  cisterns,  hydrants, 
apparatus,  horses,  supplies,  engine,  hose  and  hook-and-ladder  houses,  and 
all  alterations  and  repairs  required;  and  said  board  of  fire  commissioners 
shall  supervise  all  contracts  awarded,  and  work  done  for  the  said  fire 
department,  and  shall  see  that  all  contracts  awarded  and  work  done 
are  faithfully  performed.  The  said  board  of  fire  commissioners  shall 
have  power  to  prescribe  the  duties  of  the  ofiicers,  members,  and  em- 
ployees of  said  fire  department,  and  to  adopt  rules  and  regulations  for 
the  management  and  discipline  thereof;  and  a  majority  of  them  shall 
certify  to  the  correctness  of  all  claims  and  demands  before  the  same 
shall  be  paid.  And  the  municipal  council  is  authorized  and  required  to 
provide  and  furnish  for  the  use  of  the  board  of  fire  commissioners  a 
suitable  room  or  rooms  in  some  of  the  buildings  of  such  city,  or  city 
and  county,  to  serve  as  an  office  for  their  meetings  and  the  transaction 
of  business  relating  to  said  fire  department,  in  which  their  clerk,  janitor, 
and  messenger  shall  be  in  attendance  daily  during  office  hours.  The 
chief  engineer,  assistant  chief  engineer,  and  assistant  engineer[s]  of 
said  department  shall  also  make  it  their  headquarters  daily  during  office 
hours,  when  not  otherwise  engaged  in  official  duties.  And  the  said 
municipal  council  shall  furnish  the  chief  engineer,  and  also  the  assistant 
chief  engineer  and  assistant  engineers  hereinafter  mentioned,  with  a 
horse  and  buggy,  and  shall  provide  for  keeping  the  same. 

Officers  of  fire  department, 

§  lis.     The   officers   of  the   fire   department  of   such   city,   or   city  and 
•"ounty,  shall  be: 

1.  Five  fire  commissioners,  to  be  appointed  as  aforesaid; 

2.  One  chief  engineer; 

3.  One  assistant  chief  engineer; 

4.  Four  assistant   engineers; 

5.  One  superintendent  of  steam  fire-engines. 

Members  and  employees  of  fire  department. 

§144.     The  members  and  employees  of  said  fire  department  shall  be: 

1.  One  assistant  superintendent  of  steam  fire-engines; 

2.  One  clerk  and  storekeeper  for  the  corporation  yard; 

3.  One  corporation  yard  drayman; 

4.  One  night  watchman  of  corporation  yard; 

5.  Two  hydrantmen; 

6.  One  veterinary  surgeon; 

7.  One  foreman   of   each   company; 

8.  One  engineer  for  each   steam   fire-engine; 

9.  One  substitute  engineer  and  machinist; 

10.  One  driver   for  each   company; 

11.  One  fireman  for  each  steam  engine  company; 

12.  One  carpenter; 

13.  One  tillerman  for  each  hook-and-ladder  company; 


Act  2348,  §§  145-148  .    GENERAL  LAWS.  718 

14.  One  steward  for  each  hose  company; 

15.  One  janitor  and  messenger; 

16.  One  clerk. 

Paid  members  of  department  to  give  entire  time  to  duties. 

§145.  All  paid  members  of  said  fiie  department,  except  the  veterinary 
surgeon,  foreman,  assistant  foreman,  company  clerks,  hosemen,  hook-and- 
laddcr-raen,  and  stewards  of  volunteer  companies  shall  give  their  un- 
divided attention  to  their  respective  duties,  but  the  foreman,  assistant 
foreman,  company  clerks,  hosemen,  and  hook-and-ladder-men,  and  stew- 
ards of  volunteer  companies,  shall  perform  such  duties  as  may  be  pre- 
scribed from  time  to  time  by  said  board  of  fire  commissioners  and 
ordered  to  be  executed  by  the  "chief  engineer. 

Certain  officers,  how  appointed. 

§  146.  The  chief  engineer,  the  assistant  chief  engineer,  the  superin- 
tendent of  steam  fire-engines,  the  assistant  engineers,  the  clerk,  and  all 
members  and  employees  of  the  fire  department,  shall  be  appointed  by 
the  fire  commissioners,  and  retain  their  positions  during  good  behavior; 
and  it  shall  be  the  duty  of  such  fire  commissioners,  on  their  first  organ- 
ization under  this  act,  to  appoint  as  members  thereof  the  oificers  and 
members  of  any  fire  department  which  shall  be  in  service  in  any  such 
city,  or  city  and  county,  at  the  time  of  its  organization  under  this  act. 
No  officer,  member,  or  employee  of  said  fire  department  shall  be  removed 
for   political   reasons. 

Fire  department  to  consist  of  what. 

§  147.  The  fire  department  of  such  city,  or  city  and  county,  shall  con- 
sist of  such  engine,  hook-and-ladder,  and  hose  companies  as  shall  be 
recommended  by  the  board  of  fire  commissioners,  and  determined  by  the 
municipal  council  necessary  to  afford  protection  against  fire;  provided, 
that  as  an  auxiliary  thereto  patent  fire-extinguishers  may  also  be  pur- 
chased and  employed;  if,  in  the  judgment  of  said  board,  deemed  ad- 
visable; provided,  that  no  hand-engine  shall  be  purchased  for  the  use 
of  said  department,  but  such  as  shall  be  in  possession  of  such  city,  or 
city  and  county,  prior  to  its  organization  under  this  act,  may  be  used 
in  such  localities  and  under  such  regulations  as  the  board  of  fire  com- 
missioners may  prescribe.  The  companies  of  said  department  shall  be 
organized  as  follows:  Each  steam  fire-engine  company  shall  consist  of 
(1)  one  foreman,  one  (1)  engineer,  one  (1)  driver,  one  (1)  fireman, 
and  eight  (8)  hosemen;  one  (1)  of  whom  shall  act  as  assistant  foreman, 
and  one  (1)  as  clerk.  Each  hook-and-ladder  company  shall  consist  of 
one  (1)  foreman,  one  (1)  driver,  one  (1)  tillerman,  and  twelve  (12)  hook- 
and-ladder-men;  one  (1)  of  whom  shall  act  as  assistant  foreman,  and 
one  (1)  as  clerk.  Each  hose  company  shall  consist  of  one  (1)  foreman, 
one  (1)  driver,  and  one  (1)  steward,  and  six  (6)  hosemen;  one  (1)  of 
whom  shall  act  as  assistant  foreman,  and  one  (1)  as  clerk. 

Duties  of  chief  engineer. 

§  148.  The  chief  engineer  shall  be  the  executive  officer  of  said  fire 
department,  and  it  shall  be  his  duty   (and  that  of  the  assistant  chief 


719  MUNICIPAL  CORPORATION  BILL.       Act  2348,  §§  149,  15 


engineer  and  assistant  engineers)  to  see  that  the  laws,  orders,  rules, 
and  regulations  concerning  the  same  are  carried  into  effect,  and  also 
to  attend  to  such  duties  as  fire  wardens  as  may  be  required,  and  to  see 
that  all  law^,  orders,  and  regulations  established  in  such  city,  or  city 
and  county,  to  secure  protection  against  fire,  are  enforced.  It  shall 
also  be  the  duty  of  the  chief  engineer  to  enforce  the  rules  and  regula- 
tions made  from  time  to  time  to  secure  discipline  in  said  fire  depart- 
ment, and  he  shall  have  power  to  suspend  any  subordinate  officer, 
member,  or  employee  for  a  violation  of  the  same,  and  shall  forthwith 
report  in  writing,  with  his  reasons  therefor,  to  the  board  of  fire  com- 
missioners for  their  action.  He  shall  diligently  observe  the  condition 
of  the  apparatus  and  workings  of  said  department,  and  shall  report  in 
writing,  at  least  once  in  each  week,  to  said  board  of  fire  commissioners, 
upon  the  same,  and  make  such  recommendations  and  suggestions  re- 
specting it,  and  for  securing  its  greater  efficiency,  as  ho  may  deem 
proper;  and  in  the  absence  or  inability  of  the  chief  engineer  to  act,  the 
assistant  chief  engineer  shall  assume  the  duties  of  said  office  of  chief 
engineer. 

Clerk  of  board,  his  bond  and  duties. 

§  149.  The  person  elected  as  clerk  by  said  board  of  fire  commissioners 
shall,  before  entering  upon  the  discharge  of  his  duties,  execute  a  bond, 
with  two  or  more  sureties,  in  the  penal  sum  of  twelve  thousand  ($12,000) 
dollars,  for  the  faithful  discharge  of  his  duties,  which  bond  shall  be 
approved  by  said  board  of  fire  commissioners,  and  the  mayor  of  such 
city,  or  city  and  county,  and  when  so  approved  shall  be  filed  in  the 
office  of  the  auditor.  The  amount  of  said  bond  may  be  increased  from 
time  to  time,  when  directed  by  the  board  of  fire  commissioners,  should 
it  deem  it  necessary  for  the  public  good;  said  clerk  shall  attend  daily, 
during  office  hours,  at  the  office  of  the  board  of  fire  commissioners 
(which  shall  be  the  office  of  the  chief  engineer,  assistant  chief  engineer, 
and  assistant  engineers);  shall  perform  the  duties  of  clerk  to  said  board 
and  chief  engineer,  and  shall  perform  such  other  duties  from  time  to 
time  as  said  board  may  prescribe.  The  clerk  and  storekeeper  for  the 
corporation  yard  shall,  before  entering  upon  his  duties,  furnish  a  bond 
in  the  sum  of  ten  thousand  ($10,000)  dollars,  to  be  approved  in  the 
same  manner  as  the  bond  provided  for  in  this  section,  to  be  given  by 
the  clerk  of  said  board  of  fire  commissioners,  and  filed  with  the  audi- 
tor. 

Property  of  department,  how  sold. 

§  150.  The  mayor  of  such  city,  or  city  and  county,  upon  the  recom- 
mendation of  the  board  of  fire  commissioners,  with  the  approval  of  the 
municipal  council,  is  authorized  to  sell  at  private  or  public  sale  from 
time  to  time  any  or  all  of  the  engines,  hose-carriages,  engine-houses,  lots 
on  which  such  houses  stand,  or  parts  of  lots  (or  to  exchange  any  of 
said  lots,  when  in  their  judgment  demanded  by  the  public  good),  or 
other  property  which  shall  not  be  required  for  the  use  of  the  depart- 
ment,   and    to    execute,    acknowledge,    and    deliver    good    and    sufficient 


5>*V^^ 


Act  2348,  §§  151-155  GENERAL   LAWS.  720 

deeds  or  bills  of  sale   for  the  same,  paying  the   proceeds  of   such   sales 
into  the  county  treasury,  to  the  credit  of  the  proper  fund. 

Appropriation  for  purchase  of  horses,  supplies,  etc. 

§  151.  The  municipal  council  of  such  city,  or  city  and  county,  is 
hereby  authorized  and  required  to  appropriate,  allow,  and  order  paid 
annually  out  of  the  general  fund  of  such  city,  or  city  and  county,  the 
salaries  hereinafter  specified  and  allowed,  and  salaries  at  similar  rates 
to  the  several  officers  and  men  of  any  additional  companies  created  as 
aforesaid,  and  the  municipal  council  is  required  to  appropriate,  allow, 
and  order  paid,  out  of  the  general  fund,  a  sum  not  to  exceed  eighty 
thousand  ($80^000)  dollars  annually  for  running  expenses,  horse-feed, 
repairs  to  apparatus,  and  for  the  construction  and  erection  of  cisterns 
and  hydrants,  and  for  the  erection  and  repair  of  buildings,  and  other 
expenses  of  the  fire  department.  To  appropriate  a  sum  not  to  exceed 
thirty  thousand  ($30,000)  dollars  for  the  purchase  of  horses  and  ap- 
paratus for  the  fire  department. 

Allowance  to  disabled  member. 

§  152.  Whenever  a  member  of  the  paid  fire  department  of  such  city, 
or  city  and  county,  shall  become  disabled  by  reason  of  injuries  received 
at  any  fire,  so  as  to  be  unable  to  perform  his  duties,  the  municipal 
council,  upon  the  recommendation  of  the  board  of  fire  commissioners,  is 
hereby  authorized  and  empowered  to  allow  said  disabled  man  a  sum  not 
exceeding  fifty  ($50)  dollars  per  month  for  not  to  exceed  three  (3) 
months,  payable  out  of  the  general  fund  of  such  city,  or  city  and 
county,  in  the  same  manner  and  form  as  other  payments  are  made  out 
of  said  fund. 

"Fireman's  Charitable  Fund." 

§  153.  The  municipal  council  shall  provide,  by  ordinance,  for  the 
payment  into  a  "Fireman's  Charitable  Fund"  of  such  city,  or  city  and 
county,  of  all  moneys  received  for  licenses  for  the  storage,  manufacture, 
or  sale  of  gunpowder,  blasting-powder,  gun-cotton,  fireworks,  nitro- 
glycerine, dualine,  or  any  explosive  oils  or  compounds,  or  as  a  municipal 
tax  upon  the  same;  also  all  fines  collected  in  the  police  court,  for  vio- 
lations of  fire  ordinances.  Said  fund  shall  be  under  the  direction  and 
control  of  and  subject  to  such  regulations  as  may  be  prescribed  by  the 
board  of  fire  commissioners. 

Assistant  foreman  and  clerk. 

§154.  The  chief  engineer  shall  have  power  to  appoint  one  member 
of  each  company  to  act  as  assistant  foreman;  also,  one  member  to  act 
as  clerk;  said  clerk  to  receive  five   ($5)   dollars  per  month  extra  pay. 

Organization  of  board  and  time  of  meeting. 

§  155.  The  fire  commissioners  shall  organize  said  board  immediately 
upon  their  appointment,  and  on  the  first  Monday  after  the  first  day  of 
January  of  each  and  every  year  thereafter,  by  selecting  one  of  their 
number  as  president  and  they  shall  meet  at  least  once  in   each  month 


721  MUNICIPAL    CORPORATION    BILL.         Act  2348,  §§  156-159 

publicly  at  their  office  to  transact  the  business  of  said  fire  department; 
and,  in  addition  to  the  stated  meetings,  they  shall  meet  twice  in  each 
month  for  the  purpose  of  investigating  charges  against  officers,  mem- 
bers, and  employees  of  said  department  for  violating  any  of  the  rules 
and  regulations  thereof;  and  shall  hold  such  intermediate  sessions  as 
they  shall  deem  necessary  to  the  proper  administration  of  the  fire  de- 
partment. No  person  shall  be  eligible  to  any  position  in  said  department 
who  is  not  a  citizen  of  the  United  States,  or  a  resident  of  such  city, 
or  city  and  county,  at  least  two  years,  nor  under  t"wenty-one  (21)  years 
of  age  at  the  time  of  his  appointment. 

Investigations,  how  conducted. 

■§  156.  In  all  investigations  for  violation  of  the  rules  and  regulations 
of  the  fire  department,  the  president  of  the  board  of  fire  comniis.sioners 
shall  have  power  to  issue  subpoenas,  and  administer  oaths,  and  compel 
the  attendance  of  witnesses  before  him  by  attachment  or  otherwise. 
All  subpoenas  issued  by  him  shall  be  in  such  form  as  he  may  prescribe, 
and  shall  be  served  by  any  police  officer  or  by  any  peace  officer  of  such 
city,  or  city  and  county.  Any  person  who  refuses  to  attend  or  testify 
in  obedience  to  such  subpoenas  shall  be  deemed  guilty  of  contempt, 
and  be  punished  by  him  as  in  cases  of  contempt  in  justices'  court  in 
civil   cases. 

Members,  how  dismissed. 

§  157.  No  officer,  member,  or  employee  of  the  fire  department  shall 
be  dismissed  unless  for  cause,  nor  until  after  a  trial.  The  accused  shall 
be  furnished- with  a  written  copy  of  the  charges  against  him  at  least 
five  (5)  days  previous  to  the  day  of  trial,  and  he  shall  have  an  oppor- 
tunity to  examine  witnesses  in  his  behalf,  and  all  witnesses  shall  be 
examined  under  oath,  and  all  trials  shall  be  public. 

Workshop  at  corporation  yard. 

§158.  The  municipal  council  of  such  city  and  county  is  hereby  au- 
thorized and  empowered  to  establish  and  maintain  at  the  corporation 
yard  a  workshop  for  making  repairs  and  improvements  upon  the  ap- 
paratus of  the  fire  department,  and  such  workshop  and  such  repairs  and 
improvements  to  be  under  the  supervision  of  the  board  of  fire  commis- 
sioners, and  the  municipal  council  shall  allow  and  order  paid,  out  of  the 
proper  fund,  all  the  expenses  of  such  workshops,  repairs,  and  improve- 
ments. 

Restrictions  on  members. 

§  159.  No  member  of  said  board  of  fire  commissioners  shall,  during 
his  term  of  office,  be  a  member  of  any  party  convention,  tlie  purpose  of 
which  is  to  nominate  candidates  for  political  office,  nor  shall  the  officers, 
members,  or  employees  of  said  fire  department  take  any  part  whatever 
in  any  partisan  convention,  held  for  the  purposes  of  a  political  party; 
nor  shall  any  member  of  the  said  board  of  fire  commissioners,  directly 
or  indirectly,  attempt  to  control  or  influence  the  action  of  any  mem- 
ber of  said  fire  department,  or  any  employee  thereof,  in  any  primary 
Gen.  Laws — 46 


Act  2348,  §§  160,  161  GENERAL   LAWS.  722 

or  general  election.  No  member  of  the  fire  department  shall  levy,  col- 
lect, or  pay  any  amount  of  money  as  an  assessment  or  contribution  for 
political  purposes.  Any  violation  of  the  foregoing  provisions  of  this 
section  shall  be  deemed  a  misdemeanor. 

Salaries  of  officers  of  fire  department, 

§  160.     The  salaries  of  the  officers  of  the  fire  department  shall  be  paid 
in  monthly  installments,  and  as  follows: 

1.  The  salary  of  the  fire  commissioners  shall  be  one  thousand  two  hun- 
dred dollars  per  annum; 

2.  The  salary  of  the  chief  engineer  shall  be  four  thousand  dollars  per 
annum; 

3.  The   salary   of   the   assistant  chief   engineer   shall  be   two   thousand 
four  hundred  dollars  per  annum; 

4.  The  salaries  of  the  assistant  engineers  shall  each  be  one  thousand 
eight  hundred  dollars  per  annum; 

5.  The  salary  of  the  superintendent  of  steam  fire-engines  shall  be  two 
thousand  four  hundred  dollars  per  annum. 

Salaries  of  employees  of  fire  department. 

§  161.     The  salaries  of  the  members  and  employees  of  the  fire  depart- 
ment shall  be  paid  in  monthly  installments,  and  as  follows: 

1.  The   salary   of   assistant   superintendent   of   steam   fire-engines   shall 
be  one  thousand  six  hundred  and  eighty  dollars  per  annum; 

2.  The   salary  of  the   clerk  and  storekeeper  for  the   corporation  yard 
shall  be  one  thousand  five  hundred  dollars  per  annum; 

3.  The  salary  of  the  corporation  yard  drayman  shall  be  "one  thousand 
and  eighty  dollars  per  annum; 

4.  Tlie  salary  of  the  night  watchman  for  the  corporation  yard  shall  be 
nine  hundred  dollars  per  annum; 

5.  The  salary  of  the  two  hydrantmen  shall  be  one  thousand  and  eighty 
dollars  per  annum  each; 

6.  The    salary   of   the   veterinary   surgeon   shall   be   one   thousand   two 
hundred  dollars  per  annum; 

7.  The  salary  of  the  foreman  of  each  company  shall  be  five  hundred 
and  forty  dollars  per  annum; 

8.  The  salary  of  the  engineer  for  each  steam  fire-engine  company  shall 
be  one  thousand  six  hundred  and  eighty  dollars  per  annum; 

9.  The  salary   of  the   substitute   engineer  and  machinist   shall   be   one 
thousand  six  hundred  and  eighty  dollars  per  annum; 

10.  The  salary  of  the  driver  for  each  company  shall  be  one  thousand 
and  eighty  dollars  per  annum; 

11.  The  salary  of  the  fireman  for  each  steam  fire  company  shall  be  one 
thousand  and  eighty  dollars  per  annum; 

12.  The  salary  of  the  carpenter  for  said  department  shall  be  one  thou- 
sand two  hundred  dollars  per  annum; 

13.  The  salary  of  the  tillerman  for  each  hook-and-ladder  company  shall 
be  ooe  thousand  and  eighty  dollars  per  annum; 

34.  The   salary  of  the   steward  for   each  hose   company   shall  be  nine 
•iMidred  and  sixty  dollars  per  annum; 


723  MUNICIPAL    CORPORATION    BILL.       Act  2348,  §§  162-165 

15.  The  salary  of  each  hoseman  and  each  hook-and-ladder  man  shall 
be  four  hundred  and  eighty  dollars  per  annum; 

16.  The  salary  of  the  janitor  and  messenger  shall  be  one  thousand  two 
hundred  dollars  per  annum; 

17.  The  salary  of  the  clerk  of  the  board  of  fire  commissioners  shall  be 
one  thousand  eight  hundred  dollars  per  annum. 

Fire-alarm  and  police  telegraph. 

§  162.  There  shall  be  maintained  and  provided  for  by  the  municipal 
council  in  such  city,  or  city  and  county,  a  fire-alarm  and  police  tele- 
graph for  municipal  use,  and  the  superintendent  thereof  shall  be  ap- 
pointed by  the  board  of  fire  commissioners,  to  serve  during  its  pleasure, 
except  that  he  shall  not  be  removed  for  political  causes,  reasons,  or 
purposes.  Said  superintendent  is  authorized  to  appoint  the  following 
officers  and  employees:  One  chief  operator,  three  operators,  one  repairer. 
tTvo  assistant  repairers,  and  one  batteryman.  It  shall  be  the  duty  of 
such  board,  on  their  first  organization  under  this  act,  to  appoint  as 
officers  and  employees  thereof  the  officers  and  employees  of  any  fire- 
alarm  and  police  telegraph  which  shall  be  in  service  in  such  city,  or 
city  and  county,  at  the  time  of  its  organization  under  this  act. 

Salaries  of  officers  of  fire-alarms,  etc. 

§  163.  The  salaries  of  the  officers  of  said  fire-alarm  and  police  tele- 
graph shall  be  paid  in  monthly  installments,  and  as  follows: 

1.  The  salary  of  the  superintendent  shall  be  two  thousand  four  hun- 
dred dollars  per  annum; 

2.  The  salary  of  the  chief  operator  shall  be  one  thousand  eight  hun- 
dred dollars  per  annum; 

3.  The  salary  of  each  of  the  three  operators  herein  provided  for  shall 
be  one  thousand  five  hundred  dollars  per  annum; 

4.  The  salary  of  the  repairer  shall  be  one  thousand  two  hundred  dol- 
lars per  annum; 

5.  The  salary  of  each  of  the  two  assistant  repairers  herein  provided 
for  shall  be  one  thousand  and  eighty  dollars  per  annum; 

6.  The  salary  of  the  batteryman  shall  be  nine  hundred  dollars  per 
annum. 

Appropriation. 

§  164.  The  municipal  council  shall  appropriate  such  sum  as  may  be 
necessary,  not  exceeding  fifteen  thousand  dollars  per  annum,  for  the 
maintenance,  repair,  and  extension  of  said  telegraph,  and  to  defray 
the  cost  of  instruments  and  machinery  therefor,  and  for  such  horses  and 
vehicles  as  may  be  necessary  for  the  use  of  said  superintendent. 

Board  of  health,  how  constituted. 

§  165.  There  shall  be  a  board  of  health  for  such  city,  or  city  and 
county,  which  board  shall  consist  of  the  mayor  of  the  city  and  county, 
and  five  physicians  in  good  standing,  residing  in  such  city,  or  city  and 
county,  who  shall  be  appointed  by  the  governor,  and  who  shall  hold 
office  for  the  term  of  four  years,  and  untjj  their  successors  are  appointed 


Act 'J348,  §§  166-1G9  GENERAL   LAWS.  724 

and  qualified;  and  in  case  any  vacancy  shall  at  any  time  occur  in  said 
board  by  removal,  or  resignation,  or  otherwise,  the  same  shall  be  filled 
by  appointment  by  the  governor. 

Meetings. 

§  166.  The  mayor  of  such  city,  or  city  and  county,  shall  be  ex-officio 
president  of  the  board  of  health,  and  in  his  absence,  at  any  meeting, 
the  board  may  elect  a  chairman,  who  shall,  for  the  time,  be  clothed  with 
all  the  power  of  the  president.  Said  board  shall  hold  a  regular  meeting 
at  least  once  in  each  month,  and  at  other  times,  when  called  thereto  by 
the  president,  or  by  a  majority  of  the  board. 

Jurisdiction  of  board  of  health. 

§  167.  Said  board  of  health  is  hereby  invested  with  general  jurisdic- 
tion  over  all  matters  appertaining  to  the  sanitary  condition  of  such 
city,  or  city  and  county,  and  over  all  quarantine  regulations  and  the 
enforcement  thereof,  and  hospitals  and  almshouses,  and  all  municipal 
institutions  created  and  maintained  for  charitable  purposes  and  not 
herein  enumerated,  within  the  corporate  limits  of  such  city,  or  city  and 
county,  and  adopt  such  orders  and  regulations  as  may  be  necessary  to 
the  complete  exercise  of  the  powers  hereinbefore  enumerated,  and  may 
appoint  or  discharge  such  attendants  and  employees  as  may  seem  best  to 
promote  the  public  welfare. 

Salary. 

§  168.     The  members  of  said  board  of  health  shall  receive  no  salary. 

Salaries  of  officers  appointed  by  board  of  health. 

§  169.  Said  board  of  health  shall  have  power  to  appoint  the  follow- 
ing officers  and  employees,  who  shall  receive  the  salaries  hereinafter  pro- 
vided, payable  in  monthly  installments  at  the  end  of  each  month,  viz.: 

1.  One  health  officer,  who  shall  be  executive  officer  of  said  board, 
at  a  salary  of  two  thousand  four  hundred  dollars  per  annum; 

2.  One  quarantine  officer,  at  a  salary  of  one  thousand  eight  hundred 
dollars  per  annum; 

3.  One  secretary,  at  a  salary  of  two  thousand  four  hundred  dollars  per 
annum; 

4.  Six  health  inspectors  and  one  market  inspector,  at  a  salary  of  one 
thousand  two  hundred  dollars  per  annum  each;  one  messenger  at  nine 
hundred  dollars  per  annum; 

5.  One  superintendent  of  the  city,  or  city  and  county,  hospital,  who 
shall  be  a  physician  and  graduate  of  some  medical  college  in  good  stand- 
ing, at  a  salary  of  two  thousand  four  hundred  dollars  per  annum; 

6.  One  resident  hospital  physician,  at  a  salary  of  one  thousand  five 
hundred  dollars  per  annum; 

7.  One  hospital  steward,  at  a  salary  of  one  thousand  two  hundred  dol- 
lars per  annum; 

8.  One  hospital  matron,  at  a  salary  of  nine  hundred  dollars  per  annum; 

9.  One  hospital  apothecary,  at  a  salary  of  one  thousand  two  hundred 
dollars  per  annum; 


72a  MUNICIPAL   CORPORATION  BILL.      Act  23-18,  §§  170,  171 

10.  One  hospital  engineer,  at  a  salary  of  nine  hundred  dollars  per 
annum; 

11.  Two  physicians  and  two  surgeons,  to  be  selected  from  the  faculty 
of  the  medical  department  of  the  University  of  California,  and  two 
physicians  and  two  surgeons  to  be  selected  from  the  faculty  of  the 
Pacific  Medical  College,  at  such  salary  as  the  board  of  health  may  desig- 
nate, not  to  exceed  one  thousand  two  hundred  dollars  each  per  annum, 
as  visiting  physicians  and  surgeons  to  the  city,  or  city"  and  county 
hospital; 

12.  One  almshouse  superintendent,  at  a  salary  of  two  thousand  four 
hundred  dollars  per  annum; 

13.  One  resident  almshouse  physician,  at  a  salary  of  one  thousand  five 
hundred  dollars  per  annum; 

14.  One  almshouse  matron,  at  a  salary  of  seven  hundred  and  twenty 
dollars  per  annum; 

15.  One  city  physician,  at  a  salary  not  to  exceed  one  thousand  eight 
hundred  dollars  per  annum; 

16.  One  assistant  city  physician  for  the  industrial  school  and  house  of 
correction,  at  a  salary  of  one  thousand  two  hundred  dollars  per  annum; 

17.  One  first  cook,  at  a  salary  of  sixty  dollars  per  month; 

18.  One  second  cook,  at  a  salary  of  thirty-five  dollars  per  month; 

19.  One  third  cook,  at  a  salary  of  thirty  dollars  per  month; 

20.  One  baker,  at  a  salary  of  seventy-five  dollars  per  mouth; 

21.  One  clerk,  at  a  salary  of  forty  dollars  per  month; 

22.  One  interpreter,  at  a  salary  of  forty  dollars  per  month; 

23.  One  ambulance  driver,  at  a  salary  of  forty  dollars  per  month; 

24.  Sixteen  nurses,  at  a  salary  of  thirty-five  dollars  each. 

Appointing  power. 

§170.  The  appointing  power  of  all  and  every  of  the  aforesaid  officers 
and  employees  is  vested  solely  in  said  board  of  health,  and  said  board 
shall  have  power  to  prescribe  the  duties  of  every  and  all  of  said  officers 
and  employees,  and  to  remove  the  same  at  pleasure;  and  said  board  of 
health  is  hereby  empowered  to  employ  such  additional  employees  as  may 
be  necessary  to  carry  out  the  purposes  of  this  act,  at  such  compensations 
as  said  board  of  health  may  fix. 

Salaries,  how  paid. 

§  171.  The  salaries  of  the  officers  and  employees  of  said  board  of 
health,  and  all  other  expenses  legally  incurred  by  said  board  under  the 
provisions  of  this  chapter,  shall  be  payable  out  of  the  general  fund  of 
the  treasury  of  such  city,  or  city  and  county;  and  the  auditor  of  such 
city,  or  city  and  county,  is  hereby  directed  to  audit  all  such  demands, 
and  the  treasurer  of  such  city,  or  city  and  county,  is  hereby  directed  to 
pay  the  same  out  of  said  general  fund.  The  said  board  of  health  shall, 
annually,  upon  the  third  Monday  of  April  of  each  year,  transmit,  in 
writing,  to  the  municipal  council  of  such  city,  or  city  and  county,  an 
estimate  of  the  amount  of  money  necessary  to  defray  all  of  the  expendi- 
tures of  said  board  of  health  for  the  next  fiscal  year;  and  the  board  of 
health  shall  not  expend,  in  any  one  fiscal  year,  an  amount  exceeding  tho 


Act  2348,  §§  172-174  GENERAL  LAWS.  726 

amount  of  such  estimate  so  transmitted  by  said  board  of  health  for  such 
fiscal  year,  allowed  upon  such  estimate  by  the  municipal  council,  except 
in  case  of  an  epidemic  of  any  contagious  disease,  when  such  board  of 
health  is  hereby  authorized  to  increase  such  expense  as  may  be  deemed 
necessary  for  the  public  safety;  and  all  such  expenses  shall  be  payable 
out  of  the  general  fund  of  such  city,  or  city  and  county,  at  the  same 
time  and  in  the  same  m^anner  provided  for  other  expenses  of  said  board. 
Nothing  in  this  act  shall  be  construed  to  authorize  said  board  of  health 
to  contract  for  or  purchase  supplies  for  any  of  the  charitable  institutions 
placed  under  its  control  by  this  chapter.  All  contracts  for  any  of  the 
work  authorized  by  this  chapter  to  be  caused  to  be  performed  by  said 
board  of  health  shall  be  awarded  by  said  board  to  the  lowest  responsible 
bidder,  after  notice,  for  not  less  than  five  days,  in  two  daily  newspapers 
published  in  such  city,  or  city  and  county,  under  such  regulations  and 
requirements  as  said  board  of  health  may  adopt. 

Restrictions  on  oflacers. 

§  172.  It  shall  not  be  lawful  for  any  superintendent,  or  other  prin- 
cipal officer  in  charge  of  any  almshouse  in  such  city,  or  city  and  county, 
to  have  or  receive  any  perquisites,  or  to  derive  any  income  or  revenue 
therefrom,  either  directly  or  indirectly,  other  than  the  salary  allowed 
to  him  by  the  board  of  health;  nor  shall  it  be  allowable  for  any  sub- 
ordinate officer  or  employee  to  have  or  receive  any  perquisites,  either 
directly  or  indirectly;  and  it  shall  be  the  duty  of  the  board  of  health  to 
remove  any  such  superintendent,  or  other  principal  officer,  or  any  sub- 
ordinate officer  or  employee  who  violates  any  provision  of  this  section. 
All  fees  authorized  by  any  of  the  provisions  of  this  chapter,  to  be  col- 
lected by  any  officer  or  employee  of  the  board  of  health,  shall  be  im- 
mediately paid  by  such  officer  or  employee  to  the  secretary  of  said 
board  of  health,  who  shall,  upon  the  first  Monday  of  each  month,  pay  the 
same  into  the  treasury  of  such  city,  or  city  and  county,  to  be  credited 
to  the  proper  fund. 

Report  of  shipmasters  of  contagions  diseases. 

§  173.  Shipmasters  bringing  vessels  into  the  harbor  of  any  such  city, 
or  city  and  county,  and  all  masters,  owners,  or  consignees  having  vessels 
in  such  harbor,  which  have  on  board  any  cases  of  Asiatic  cholera,  small- 
pox, yellow,  typhus,  ship-fever,  or  any  other  contagious  disease,  must 
report  the  same  in  writing,  to  the  quarantine  officer  before  landing  any 
passengers,  casting  anchor,  or  coming  to  any  wharf,  or  as  soon  thereafter 
as  they,  or  either  of  them,  become  aware  of  the  existence  of  either  of 
these  diseases  on  board  of  their  vessel. 

Restrictions  on  shipmasters,  etc. 

§  174.  No  captain  or  other  officer  in  command  of  any  vessel  sailing 
under  a  register,  arriving  at  the  port  of  any  such  city,  or  city  and 
county,  nor  any  owner,  consignee,  agent,  or  other  person  having  charge 
of  such  vessel,  must,  under  a  penalty  of  not  less  than  one  hundred  dollars 
nor  more  than  one  thousand  dollars,  land,  or  permit  to  be  landed,  any 
freight,  passengers,  or  other  persons  from  such  vessels,  until  he  has  re- 


727  MUNICIPAL   CORPORATION  BILL.       Act  2348,  5§  175-178 

ported  to  the  quarantine  officer,  presented  his  bill  of  health,  and  received 
a  permit  from  that  officer  to  land  freight,  passengers,  and  other  persons. 

Duty  of  pilot. 

§  175.  Every  pilot  who  conducts  into  the  port  of  any  such  city,  or 
eity  and  county,  any  vessel  subject  to  quarantine,  or  examination  by  the 
quarantine  officer,  must: 

1.  Bring  the  vessel  no  nearer  such  eity,  or  city  and  county,  than  is 
allowed  by  law; 

2.  Prevent  any  person  from  leaving  such  vessel,  and  any  communica- 
tion being  made  with  the  vessel  under  his  charge,  until  the  quarantine 
officer   has  boarded  her  and   given  the  necessary  orders  and   directions; 

3.  Be  vigilant  in  preventing  any  violation  of  the  quarantine  laws,  and 
report,  without  delay,  all  such  violations  that  come  to  his  knowledge,  to 
the  quarantine  officer; 

4.  Present  the  master  of  the  vessel  with  a  printed  copy  of  the  quaran- 
tine laws,  unless  he  has  one; 

5.  If  the  vessel  is  subject  to  quarantine,  by  reason  of  infection,  place 
at  the  masthead  a  small  yellow  flag. 

Duty  of  master  of  vessel. 

§  176.  Every  master  of  a  vessel  subject  to  quarantine,  or  visitation 
by  the  quarantine  officer,  arriving  in  the  port  of  any  such  city,  or  city 
and  county,  who  refuses  or  neglects  either: 

1.  To  proceed  with  and  anchor  his  vessel  at  the  place  assigned  for 
quarantine,  when  legally  directed  so  to  do;  or, 

2.  To  submit  his.  vessel,  cargo,  and  passengers  to  the  quarantine, 
officers,  their  inspection,  examination,  and  direction,  and  furnish  all 
necessary  information  to  enable  that  officer  to  determine  to  what  quaran- 
tine or  other  regulations  they  might  respectively  be  subject;  or, 

3.  To  report  all  cases  of  disease  and  of  death  occurring  on  his  vessel, 
and  to  comply  with  all  the  sanitary  regulations  of  such  port  or  harbor; 

Is  liable  in  the  sum  of  five  hundred  dollars  for  every  such  neglect  or 
refusal. 

Master  of  infected  vessel  must  report. 

§  177.  All  vessels  arriving  off  the  port  of  any  such  city,  or  city  and 
county,  from  ports  which  have  been  legally  declared  infected  ports,  and 
all  vessels  arriving  from  ports  where  there  is  prevailing,  at  the  time 
of  their  departure,  any  contagious,  infectious,  or  pestilential  diseases,  or 
vessels  with  decaying  cargoes,  or  which  have  usually  foul  or  offensive 
holds,  are  subject  to  quarantine,  and  must  be  by  the  master,  owner,  pilot, 
or  consignee  reported  to  the  quarantine  officer  without  delay.  No  such 
vessel  must  pass  within  the  bounds  prohibited  them  by  the  board  of 
health,  until  the  quarantine  officer  has  boarded  her  and  given  the  order 
required  by  law. 

Duty  of  quarantine  officer. 

§  178.  The  quarantine  officer  must  board  every  vessel  subject  to  quar- 
antine or  visitation  by  him,  immediately  on  her  arrival,  make  such  ex- 


Act  2348,  §§  179-183  GENERAL  LAWS.  728 

aminations  and  inspection  of  vessels,  books,  papers,  or  cargo,  or  of 
persons  on  board,  under  oath,  as  he  may  judge  expedient,  and  determine 
whether  the  vessel  should  be  ordered  to  quarantine,  and  if  so,  the  period 
of  quarantine. 

Masters  of  certain  vessels  not  to  permit  landing  until  he  receive  permit. 
§  179.  No  captain,  or  other  officer,  in  command  of  any  passenger- 
carrying  vessel  of  more  than  one  hundred  and  tifty  tons  burden,  nor  of 
any  vessel  of  more  than  one  hundred  and  fifty  tons  burden  having  pas- 
sengers on  board,  nor  any  consignee,  owner,  agent,  or  other  persons  hav- 
ing charge  of  such  vessel  or  vessels,  must,  under  a  penalty  of  not  less 
than  one  hundred  dollars  nor  more  than  one  thousand  dollars,  land,  or 
permit  to  be  landed,  any  passenger  from  the  vessel  until  he  has  pre- 
sented his  bill  of  health  to  the  quarantine  officer  and  received  a  permit 
from  that  officer  to  land  such  passengers,  except  in  such  cases  as  the 
quarantine  officer  deems  it  safe  to  give  the  permit  before  seeing  the  bill 
of  health. 

Fees. 

§  180.  The  following  fees  shall  be  collected  by  the  quarantine  officer 
for  giving  a  permit  to  land  freight  or  passengers,  or  both:  From  any 
sailing  vessel  of  less  than  five  hundred  tons  burden,  from  any  port  out 
of  this  state,  two  dollars  and  fifty  cents;  five  hundred  and  under  one 
thousand  tons  burden,  five  dollars;  each  additional  one  thousand  tons 
burden,  or  fraction  thereof,  an  additional  two  dollars  and  fifty  cents; 
for  steam  vessels,  propelled  in  whole  or  in  part  by  steam,  of  one  thou- 
sand tons  burden  or  less,  five  dollars,  and  two  dollars  and  fifty  cents  ad- 
ditional for  each  additional  one  thousand  tons  burden  or  fraction  thereof. 
But  vessels  not  propelled  in  whole  or  in  part  by  steam,  sailing  to  and 
from  any  port  or  ports  of  the  Pacific  states  of  the  United  States  or  terri- 
tories, and  whaling  vessels  entering  the  harbor  of  any  such  city  and 
county,  are  excepted  from  the  provisions  of  this  section. 

Duty  of  board  of  health. 

§  181.  The  board  of  health  may  enforce  compulsory  vaccination  on 
passengers  or  [on]  variola-infected  ships,  or  coming  from  ports  infected 
with  the  same. 

Same. 

§  182.  The  board  of  health  shall  establish  quarantine  grounds  at  such 
points  and  places  as  in  its  judgment  may  best  conduce  to  public  safety; 
may  provide  suitable  hospitals  whenever  the  same  are  required  for  the 
public  safety,  and  furnish  and  supply  the  same  with  nurses  and  attaches, 
and  remove  thereto  all  persons  afflicted  with  cholera,  smallpox,  yellow, 
typhus,  ship-fever,  or  other  contagious  diseases;  provided,  said  quaran- 
tine grounds  and  hospitals  shall  not  be  established  within  one  mile  of 
the  mainland  on  the  north  side  of  the  bay  of  San  Francisco. 

Duty  of  board  of  health. 

§  183.  The  board  of  health  must  cause  to  be  kept  a  record  of  all 
births,  deaths,  and  interments  occurring  in  such  city,  or  city  and  county, 


729  MUNICIPAL   CORPORATION  BILL.      Act  2348,  §§  184-137 

coming  under  the  provisions  of  this  chapter.  Such  records,  when  filed, 
must  be  deposited  in  the  office  of  the  city,  or  city  and  county,  recorder, 
and  produced  when  required  for  public  inspection. 

Duty  of  physicians  aiid  midwives. 

§  184.  Phj'sieians  and  midwives  must,  on  or  before  the  fourth  day 
of  each  month,  make  a  return  to  the  health  officer  of  all  births,  deaths, 
and  the  number  of  stillborn  children  occurring  in  their  practice  during 
the  preceding  month.  In  the  absence  of  such  attendants,  the  parents 
must  make  such  report  within  thirty  days  after  the  birth  of  the  child. 
Such  returns  must  be  made  in  accordance  with  rules  adopted  by,  and 
upon  blanks  furnished  by,  the  board  of  health. 

Human  bodies  not  to  be  buried  without  psrmit. 

§  185.  No  person  shall  deposit  in  any  cemetery,  or  inter  in  any  such 
city,  or  city  and  county,  any  human  body,  without  first  having  obtained 
and  filed  with  the  health  officer  a  certificate,  signed  by  a  physician  or 
midwife,  or  coroner,  setting  forth  as  near  as  possible  the  name,  age, 
color,  sex,  place  of  birth,  occupation,  date,  locality,  and  the  cause  of 
death  of  deceased,  and  obtain  from  such  health  officer  a  permit.  The 
physicians,  when  death  occurs  in  their  practice,  must  give  the  certificate 
herein  mentioned.  It  shall  be  the  duty  of  the  said  board  of  health  to 
see  that  the  dead  body  of  a  human  being  is  not  allowed  to  remain  in 
any  public  receiving  vault  for  a  longer  period  than  five  days.  At  the 
expiration  of  that  time  it  shall  cause  the  body  to  be  buried,  or  to  be 
placed  in  a  vault  or  niche,  constituted  of  brick,  stone,  or  iron,  and  her- 
metically sealed.  It  shall  also  be  the  duty  of  said  boards  to  require 
all  persons  having  in  charge  the  digging  of  graves,  and  the  burial  of  the 
dead,  to  see  that  the  body  of  no  human  being  who  has  reached  ten  years 
of  age  shall  be  interred  in  a  grave  less  than  six  feet  deep,  or  if  under 
the  age  of  ten  years,  the  grave  to  be  not  less  than  five  feet  deep.  The 
board  of  health  shall  have  entire  charge  of  all  cemeteries  belonging  to 
such  city,  or  city  and  county,  and  may  employ  a  superintendent  thereof, 
at  a  salary  not  to  exceed  seventy-five  dollars  per  month,  the  same  to  be 
paid  out  of  the  general  fund  as  the  salaries  of  the  other  employees  are 
paid. 

Duty  of  superintendent  of  cemeteries. 

§  186.  Superintendents  of  all  cemeteries  in  any  such  city,  or  city  and 
county,  must  return  to  the  health  officer,  on  each  Monday,  the  names  of 
all  persons  interred  or  deposited  within  their  respective  cemeteries  dur- 
ing the  preceding  week,  and  no  superintendent  of  a  cemetery,  or  any 
other  person,  can  remove,  or  cause  to  be  removed,  or  cause  to  be  dis- 
interred, any  human  body  or  remains  that  have  been  deposited  in  a  ceme- 
tery, without  a  permit  therefor  from  the  health  officer,  or  by  order  of 
the  coroner. 

Human  body  not  to  be  disinterred  without  permit. 

§  187.  It  shall  be  unlawful  to  disinter  or  exhume  from  a  grave,  vault, 
or  other  burial-place  within  the  limits  of  such  city,  or  city  and  county, 
the  body  or  remains  of  any  deceased  person,  unless  a  permit  for  so  doing 


Act  2348,  §§  188-192  GENERAL  LAWS.  730 

shaH  have  first  been  obtained  from  the  health  officer  of  such  city,  or  city 
and  county.  Nor  shall  any  body  or  remains  distinterred,  exhumed,  or 
taken  from  any  grave,  vault,  or  other  place  of  burial  or  deposit,  be 
transported  in  or  through  the  streets  or  highways  of  any  such  city,  or 
city  and  county,  unless  the  person  or  persons  removing  or  transporting 
such  body  or  remains  shall  first  obtain  from  the  health  officer  a  permit, 
in  writing,  therefor,  as  aforesaid.  But  when  an  applicant  for  a  permit 
to  disinter  a  body  shall  desire  to  remove  said  body  beyond  the  limits  of 
such  city,  or  city  and  county,  and  shall  so  state  on  making  application, 
the  permit,  if  the  same  be  issued,  shall  include  the  right  to  disinter  and 
remove,  and  said  permit  shall  accompany  the  remains. 

Discretion  of  health  officer. 

§  188.  Permits  to  disinter  or  exhume  the  bodies  or  remains  of  de- 
ceased persons  and  to  transport  the  same,  or  to  exhume,  or  to  transport, 
as  in  the  last  section  provided,  may  be  granted,  in  the  discretion  of  the 
health  officer,  and  under  such  restrictions  and  conditions  only  as  he,  in 
his  judgment,  may  affix,  so  as  in  the  best  possible  manner  to  protect  the 
public  health.  The  health  officer  shall  prepare  a  book  of  blank  permits 
in  proper  form,  and  consecutively  numbered,  containing  stubs,  on  which, 
as  well  as  in  the  permit,  shall  be  entered  a  record  of  the  transaction, 
giving  the  name,  age,  sex,  nativity,  date  of  death,  destination  of  remains 
sought  to  be  removed,  and  upon  granting  each  permit  shall  be  required 
to  be  paid  to  him  the  sum  of  ten  dollars  therefor,  for  the  use  and  benefit 
of  the  general  fund  of  such  city,  or  city  and  county. 

Penalty  of  disinterring  without  permit. 

§  189.  Any  person  or  persons  who  shall  disinter,  exhume,  or  remove, 
or  cause  to  be  disinterred,  exhumed,  or  removed,  from  a  grave,  vault,  or 
other  receptable  or  burial-place,  the  remains  of  a  deceased  person,  with- 
out a  permit  therefor,  shall  be  guilty  of  a  misdemeanor,  and  be  punished 
by  fine  not  less  than  fifty  dollars  nor  more  than  five  hundred  dollars,  or 
imprisonment  in  the  county  jail  for  not  less  ^lian  thirty  days  nor  more 
than  six  months,  or  by  both  such  fine  and  imprisonment. 

Penalty  for  transporting  body  without  permit. 

§  190.  Any  person  or  persons  who  shall  transport,  or  cause  to  be 
transported,  on  or  through  the  streets  or  highways  of  any  such  city,  or 
city  and  county,  the  body  or  remains  of  a  deceased  person  which  has 
been  disinterred  or  exhumed  without  a  permit  therefor,  in  accordance 
with  this  chapter,  shall  be  guilty  of  a  misdemeanor,  and  be  punished  as 
provided  in  the  preceding  section. 

Exception. 

§  191.  Nothing  in  this  chapter  contained  shall  be  taken  to  &pply  to 
the  removal  of  the  remains  of  the  deceased  person  from  one  place  of  in- 
terment to  another  place  of  interment,  or  cemetery,  within  this  state. 

Penalties. 

§192.  No  person,  master,  captain,  or  conductor  in  charge  of  any  boat, 
vessel,  or  railroad  car,  or  public  or  private  conveyance,  shall  receive  for 


731  MUNICIPAL  CORPORATION  BILL.       Act  2348,  §§  193-195 

Transportation,  or  shall  transport,  the  body  of  any  person  who  has  died 
within  the  limits  of  such  city,  or  city  and  county,  without  said  body  is 
accompanied  by  a  permit  for  such  transportation  from  the  health  oilicer, 
which  permit  shall  accompany  the  body  to  its  destination;  and  no  person, 
master,  captain,  or  conductor  as  aforesaid,  shall  bring  into  or  transport 
through  any  such  city,  or  city  and  county,  the  dead  body  or  remains 
of  any  person  unless  it  be  accompanied  with  a  certificate  from  some 
proper  authority  of  the  place  from  whence  it  came,  stating  the  name, 
age,  sex,  and  cause  of  death,  which  certificate  shall  be  filed  at  the  health 
office;  provided,  that  in  no  case  shall  the  body  of  any  person  who  died 
of  contagious  disease  be  brought  to  such  city,  or  city  and  county,  within 
one  year  after  the  day  of  death. 

Nuisances,  how  abated. 

§  193.  Whenever  a  nuisance  shall  exist  on  the  property  of  any  non- 
resident, or  any  property  the  owner  or  owners  of  which  cannot  be  found 
by  either  health  inspector,  after  diligent  search,  or  on  the  property  of 
any  owner  or  owners  upon  whom  due  notice  may  have  been  served,  and 
who  shall  for  three  days  refuse  or  neglect  to  abate  the  same,  or  any 
property  belonging  to  such  city,  or  city  and  county,  it  shall  be  the  duty 
of  the  board  of  health  to  cause  the  said  nuisance  to  be  at  once  removed 
or  abated,  and  to  draw  upon  the  general  fund  in  such  sums  as  may  be 
required  for  such  removal  or  abatement,  not  to  exceed  two  hundred  dol- 
lars; provided,  that  whenever  a  larger  expenditure  is  found  necessary 
to  be  made  in  the  removal  or  suppression  of  any  nuisance,  the  municipal 
council  of  such  city,  or  city  and  county,  shall,  upon  the  written  applica- 
tion of  the  board  of  health,  by  ordinance,  appropriate,  allow,  and  order 
paid,  out  of  the  general  fund,  such  sum  or  sums  as  may  be  necessary  for 
that  purpose;  provided  further,  that  in  all  cases  where  such  expenditure 
will  exceed  five  hundred  dollars,  no  appropriation  shall  be  made  for  that 
purpose  unless  the  city,  or  city  and  county,  attorney  shall  first  give  his 
opinion  in  writing  that  such  expenditure  would  be  a  legal  charge  against 
the  property  affected  thereby.  And  the  auditor  shall  audit  and  the 
treasurer  shall  pay  all  appropriations  of  money  made  in  pursuance  of 
this  section,  in  the  same  manner  as  is  now  provided  by  law  for  auditing 
and  paying  demands  upon  the  treasury. 

Fee-book  open  to  public  inspection. 

§  194.  The  health  officer  and  the  quarantine  officer  must  each  keep  a 
book  open  to  public  inspection,  in  which  must  be  entered  daily  all  fees 
collected  by  them,  and  they  must  pay  all  fees  collected  to  such  city,  or 
city  and  county,  treasurer,  daily,  to  the  credit  of  the  general  fund. 

Bond  of  health  officer. 

§  195.  The  health  officer  must  execute  an  official  bond,  with  two  sure- 
ties, to  be  approved  by  the  board  of  health,  in  the  sum  of  ten  thousand 
dollars;  and  the  quarantine  officer  must  execute  a  like  official  bond,  with 
two  sureties,  in  the  sum  of  ten  thousand  dollars;  which  bonds  shall  be 
filed  with  the  auditor  of  such  city,  or  city  and  county. 


Act  2348,  §§  196-201  GENERAL   LAWS.  732 

Who  may  administer  oaths. 

§  196.  Any  member  of  the  board  of  health,  the  health  officer,  and  the 
quarantine  officer,  and  the  secretary  of  the  board  of  health,  is  hereby 
authorized  to  administer  oaths  on  business  connected  with  the  health  de- 
partment. 

Suits,  where  maintained. 

§  197.  Whenever  any  cause  of  action  arises  under  any  of  the  provi- 
sions of  this  chapter  relating  to  the  health  department,  suit  may  be 
maintained  thereon  in  the  name  of  the  health  or  quarantine  officer,  as 
the  case  may  be,  in  any  superior  court  or  justice's  court  of  this  state. 

Duty  of  physicians  in  certain  cases. 

§  198.  Every  physician  in  anj^  such  city,  or  city  and  county,  shall  re- 
port to  the  health  officer,  in  writing,  every  patient  he  shall  have  labor- 
ing under  Asiatic  cholera,  variola,  diphtheria,  scarlatina,  or  other  con- 
tagious diseases,  immediately  thereafter,  and  report  to  the  same  officer 
every  case  of  death  from  such  disease. 

Duty  of  householders  in  certain  cases. 

§  199.  Every  householder  in  any  such  city,  or  city  and  county,  shall 
forthwith  report,  in  writing,  to  the  health  officer  the  name  of  every  per- 
son boarding,  or  an  inmate  of  his  or  her  house,  whom  he  or  she  shall 
have  reason  to  believe  sick  of  cholera,  or  smallpox,  and  any  deaths 
occurring  at  his  or  her  house  from  such  disease. 

Park  commissioners,  how  appointed  and  their  duties. 

§200.  There  shall  be  a  board  of  park  commissioners  of  such  city,  or 
city  and  county,  consisting  of  three  persons,  to  be  appointed  by  the 
governor  of  this  state,  who  shall  hold  their  office  for  four  years,  and  who 
shall  receive  no  compensation  for  their  services.  In  case  of  a  vacancy, 
the  same  shall  be  filled  by  the  remaining  members  of  the  board  for  the 
residue  of  the  term  then  vacant;  and  all  vacancies  occasioned  by  ex- 
piration of  terms  of  office,  or  neglect,  or  incapacity,  shall  be  filled  by 
the  governor  aforesaid.  Each  of  said  commissioners  shall  be  a  free- 
holder and  resident  of  such  city,  or  city  and  county.  Said  board  shall 
have  full  and  exclusive  control  and  management  of  all  the  parks  of  such 
city,  or  city  and  county,  which  at  the  time  of  the  organization  of  such 
city,  or  city  and  county,  under  this  act,  were  treated  and  improved  as 
public  parks,  with  the  avenues  and  great  highways  connected  therewith. 
Two  of  said  commissioners  shall  constitute  a  quorum  to  do  business,  but 
no  money  shall  be  expended  or  contract  entered  into  authorizing  the 
expenditure  of  money  without  the  approval  of  the  mayor  and  a  majority 
of  said  board  of  park  commissioners. 

Powers. 

§  201.  Said  board  shall  have  power  to  govern,  manage,  and  direct 
said  parks  and  avenues  leading  thereto  as  have  heretofore  been  operated 
or  managed  in  connection  therewith;  to  lay  out,  regulate,  and  improve 
such  parks  and  avenues;  to  pass  ordinances  for  the  regulation  and  gov- 


733  MUNICIPAL   CORPORATION  BILL.       Act  2348,  §§  202-201 

ernment  of  the  same;  to  appoint  one  general  superintendent,  who  shall 
perform  the  duties  of  overseer  and  managing  gardener,  who  shall  re- 
ceive a  salary  of  two  thousand  four  hundred  dollars  per  annum.  The 
city,  or  city  and  county,  surveyor  shall  be  ex-oflicio  engineer  of  the 
works,  and  shall  perform  such  engineering  work  as  the  commissioners 
may  require  of  him.  Prisoners  over  the  age  of  twenty-one  years,  sen- 
tenced to  hard  labor  in  any  of  the  jails,  prisons,  houses  of  correction, 
work-houses,  or  other  penal  establishments  of  such  city,  or  city  and 
county,  may  be  put  to  work  upon  the  parlvs.  The  commissioners  may 
employ  such  other  laborers  as  shall  be  necessary;  within  the  amount 
allowed  by  law  to  be  expended  on  said  parks,  at  wages  not  to  exceed 
the  current  wages  paid  in  such  city,  or  city  and  county,  for  labor.  They 
shall  in  no  year  incur  any  debt  or  deficit,  nor  expend  any  money  beyond 
the  amount  realized  by  the  tax  herein  provided  for.  All  persons  violat- 
ing any  of  the  ordinances  of  the  commissioners  regulating  the  parka 
shall  be  deemed  guilty  of  misdemeanor,  and  punished  accordingly. 

Taxes  for  park  improvement,  how  levied. 

§  202.  The  municipal  council  shall  have  the  power  to  levy  and  collect, 
in  the  mode  prescribed  by  law  for  the  levy  and  collection  of  taxes,  each 
year,  upon  all  property  in  such  city,  or  city  and  county,  the  sum  of  one 
and  one-half  cents  upon  each  one  hundred  dollars  valuation  of  taxable 
property  therein,  for  the  purpose  of  preserving  and  improving  the  parks 
and  avenues  under  control  and  management  of  said  commissioners.  Said 
money  shall  be  paid  into  the  treasury,  and  paid  out  for  said  purpose; 
all  claims  to  be  first  allowed  by  said  commissioners  and  audited  by  the 
auditor.  The  jurisdiction  of  the  park  commissioners  shall  not  extend 
to  unimproved  parks,  nor  squares  and  places  not  hitherto  treated  as 
parks,  unless  extended  thereto  by  an  ordinance  of  the  municipal  council. 
The  commissioners  may  lease,  for  terms  not  to  exceed  three  years,  any 
portion  of  said  grounds  not  immediately  required  for  improvement,  the 
proceeds  to  go  to,  the  improvement  of  the  parks  and  avenues. 

Eeports  of  park  commissioners. 

§  203.  The  park  commissioners  shall  make  semi-annual  reports  to  the 
mayor  and  municipal  council  of  all  their  proceedings,  and  a  detailed 
statement  of  all  the  receipts  and  expenditures. 

Duties  of  mayor  and  other  officers  in  reference  to  contracts. 

§204.  The  mayor  shall  see  that  all  contracts  and  agreements  with 
the  city  are  faithfully  kept  and  performed,  and  to  this  end  he  shall 
cause  legal  proceedings  to  be  instituted  and  prosecuted  against  all  per- 
sons or  corporations  failing  to  fulfill  their  agreements.  And  it  is  the 
duty  of  any  and  every  citj',  or  city  and  county,  officer,  when  it  shall 
come  to  his  knowledge  that  any  contract  with  such  city,  or  city  and 
county,  relating  to  the  business  of  any  office  whatever,  has  been  or  is 
about  to  be  violated  by  the  other  contracting  party,  forthwith  to  report 
the  fact  to  the  mayor.  A  failure  to  do  so  shall  he  a  sufficient  cause 
for  the  removal  of  any  officer  of  any  department.  The  mayor  shall  give 
a  certificate    on  demand,  to  any  officer  giving  such  information  that  he 


Act  2348,  §§  213-215  GENERAL  LAWS.  734 

has  done  so,  which  certificate  shall  be  evidence  in  exoneration  from  a 
charge  of  neglect  of  such  duty.  The  city,  or  city  and  county,  attorney 
shall  prosecute  all  suits  so  ordered  by  the  mayor. 

Article   V. — Judicial   Department. 
Number  and  jurisdiction  of  justices. 

§213.  There  shall  be  in  and  for  such  city,  or  city  and  county,  one 
justices'  court,  composed  of  six  justices  of  the  peace,  which  shall  have 
the  powers  and  jurisdiction  prescribed  and  conferred  by  law  upon  jus- 
tices of  the  peace  and  justices'  courts,  in  such  city,  or  city  and  county. 
All  actions,  suits,  and  proceedings  whereof  justices  of  the  peace  and 
justices'  courts  in  such  city,  or  city  and  county,  have  jurisdiction,  shall 
be  commenced,  entitled  and  prosecuted  in  said  court.  Such  courts  shall 
be  always  open,  nonjudi«ial  days  excepted,  and  causes  therein  may  be 
tried  before  the  presiding  justice,  before  any  one  of  the  justices  before 
whom  the  original  process  may  be  made  returnable,  or  to  whom  the 
cause  may  be  assigned  or  transferred  for  trial. 

Presiding  justice. 

§  214.  The  board  of  aldermen  shall  appoint  one  of  the  justices  of  the 
peace  to  be  presiding  justice,  who,  as  such,  shall  hold  office  until  his 
successor  shall  in  the  same  manner  be  appointed;  and  any  one  of  the 
other  justices  may  attend,  preside  and  act  as  presiding  justice  during 
the  temporary  absence  or  disability  of  the  justice  so  appointed.  The 
board  of  aldermen,  within  ten  days  after  its  organization  as  such  board, 
shall  appoint  a  justices'  clerk,  who  shall  hold  office  during  the  pleasure 
of  the  appointing  power.  The  clerk  shall  take  the  constitutional  oath 
of  office,  and  give  bond,  with  at  least  two  sufficient  sureties,  to  be  ap- 
proved in  the  same  manner  as  the'  official  bond  of  other  officers  of  such 
city,  or  city  and  county,  in  the  sum  of  not  less  than  fifteen  thousand 
dollars,  payable  to  the  city,  or  city  and  county,  conditioned  for  the 
faithful  discharge  of  the  duties  of  his  office,  and  welt  and  truly  to  ac- 
count for  and  pay  into  the  treasury  of  such  city,  or  city  and  county,  as 
required  by  law,  all  moneys  by  him  collected  or  received,  and  by  law 
designated  for  that  use.  A  new  or  additional  bond  may  be  required  by 
the  municipal  council  whenever  it  deems  it  necessary;  and  on  failure 
to  furnish  such  new  or  additional  bond  within  five  days  after  it  shall 
be  required,  the  office  shall  become  vacant.  The  justices'  clerk  shall 
have  authority  to  administer  oaths,  and  take  and  certify  affidavits  in 
any  action,  suit  or  proceeding  in  all  courts  in  such  city,  or  city  and 
county,  and  to  appoint  two  deputy  clerks,  for  whose  acts  he  shall  be 
responsible  on  his  official  bond;  the  said  deputy  clerks  to  hold  office  dur- 
ing the  pleasure  of  said  clerk.  Said  deputy  clerks  have  the  same  power 
as  the  said  clerk,  except  that  of  appointment. 

Offices  for  justices,  and  office  hours. 

§215.  The  municipal  council  of  such  city,  or  city  and  county,  shall 
provide,  in  some  convenient  locality  in  the  city,  or  city  and  county,  a 
suitable  office,  or  suite  of  offices,  for  said  presiding  justice,  justices'  clerk, 


735  MUNICIPAL  CORPORATION  BILL.     Act  2348,  §§  216,  21T 

deputy  clerk,  and  deputy  sheriflp,  and  offices  suitable  for  holding  sessions 
of  said  court,  and  separate  from  one  another,  for  each  of  said  justices 
of  the  peace,  together  with  attendants,  furniture,  fuel,  lights  and  sta- 
tionery, sufficient  for  the  transaction  of  business;  and  if  they  are  not 
provided,  the  court  may  direct  the  sheriif  to  provide  the  same,  and  the 
expenses  incurred,  certified  by  the  justices  to  be  correct,  shall  be  a 
cliarge  against  the  city,  or  city  and  county,  treasury  and  paid  out  of  the 
general  fund  thereof.  The  said  justices,  justices'  clerk  and  deputy  clerk, 
sliall  be  in  attendance  at  their  respective  offices  for  the  dispatch  of 
official  business  daily,  from  the  hour  of  9  o'clock  A.  M.  until  5  o'clock 
P.  M. 

Legal  process,  how  issued. 

§216.  All  legal  process  of  every  kind  in  actions,  suits  or  proceedings 
in  said  justices'  court,  for  the  issue  of  service  of  which  any  fee  is  or 
may  be  allowed  by  law,  shall  be  issued  by  the  said  justices'  clerk,  upon 
the  order  of  the  presiding  justice,  or  upon  the  order  of  one  of  the  jus- 
tices of  the  peace,  acting  as  presiding  justice,  as  in  this  chapter  pro- 
vided; and  the  fees  for  issuance  and  service  of  all  such  process,  and 
all  other  fees  which  are  allowed  by  law  for  any  official  services  of  jus- 
tices, justices'  clerk,  or  sheriff,  shall  be  exacted  and  paid  in  advance 
into  the  hands  of  said  clerk,  and  be  by  him  daily,  weekly  or  monthly, 
as  the  municipal  council  may  require,  and  before  his  salary  shall  be 
allowed,  accounted  for  in  detail,  under  oath,  and  paid  into  the  treasury 
of  such  city,  or  city  and  county,  as  part  of  the  special  fee  fund  thereof; 
provided,  that  such  payment  in  advance  shall  not  be  exacted  from  par- 
ties who  may  prove,  to  the  satisfaction  of  the  presiding  justice,  that 
they  have  good  cause  of  action,  and  that  they  are  not  of  sufficient  pecuni- 
ary ability  to  pay  the  legal  fees;  and  no  judgment  shall  be  rendered 
in  any  action  before  said  justices'  court,  or  any  of  said  justices,  until 
the  fees  allowed  therefor,  and  all  fees  for  previous  services  therein, 
which  are  destined  to  be  paid  into  the  treasury,  shall  have  been  paid, 
except  in  cases  of  poor  persons,  as  hereinbefore  provided. 

Sheriff  and  deputies  for  justices'  courts. 

§  217.  The  sheriff  of  such  city  and  county  shall  be  ex-officio  an  officer 
of  said  court,  and  it  shall  be  his  duty  to  serve  or  execute,  or  cause  to  be 
served  and  executed,  each  and  every  process,  writ,  or  order  that  may 
be  issued  by  said  justices'  court;  provided,  that  a  summons  issued  from 
said  court  may  be  served  and  returned  as  provided  in  section  849  of 
the  Code  of  Civil  Procedure;  and  that  subpoenas  may  be  issued  by  the 
justices'  clerk,  and  served  as  provided  in  sections  1987  and  1988  of  the 
Code  of  Civil  Procedure.  The  said  sheriff  may  appoint,  in  addition  to 
the  other  deputies  allowed  by  law,  tlirce  deimties,  whose  duty  it  shall 
be  to  assist  said  sheriff  in  serving  and  executing  the  process,  writs,  and 
orders  of  the  said  justices'  court.  Said  deputies  shall  receive  a  salary 
of  not  to  exceed  one  hundred  and  twenty-five  dollars  per  month  eacli, 
payable  monthly,  out  of  the  city  and  county  treasury,  and  out  of  the 
special  fee  fund,  after  being  first  allowed  and  audited  as  other  demands 


Act  2348,  §§  218,  219  GENERAL  LAWS.  736 

are  by  law  required  to  be  audited  and  allowed.  One  of  said  deputies 
shall  remain  in  attendance  during  the  sessions  of  said  court,  and  at  such 
other  times  as  the  said  court  or  the  presiding  justice  thereof  may  order 
and  direct,  for  the  purpose  of  attending  to  such  duties  as  may  "be  im- 
posed rn  said  sheriff  or  said  deputies,  as  herein  provided  or  required  by 
law.  The  said  sheriff  shall  be  liable  on  his  official  bond  for  the  faithful 
performance  of  all  duties  required  of  him  or  any  of  his  said  deputies. 

Style  of  action. 

§218.  All  actions,  suits,  and  proceedings  in  such  city,  or  city  and 
county,  whereof  justices  of  the  peace  or  justices'  courts  have  jurisdic- 
tion, except  those  cases  of  concurrent  jurisdiction  that  may  be  com- 
menced  in   some   other  court,   shall   be   entitled:    "In   the   justices'   court 

of  the  city  of (or  the  city  and  county  of ),"  (inserting  the  name 

of  the  city,  or  city  and  county),  and  commenced  and  prosecuted  in  said 
justices'  court,  which  shall  be  always  open.  The  original  process  shall 
be  returnable,  and  the  parties  summoned  required  to  appear,  before  the 
presiding  justice,  or  before  one  of  the  other  justices  of  the  peace,  to  be 
designated  by  the  presiding  justice  at  his  office;  but  all  complaints,  an- 
swers, and  other  pleadings  and  papers  required  to  be  filed,  shall  be  filed 
and  a  record  of  all  such  actions,  suits,  and  proceedings  made  and  kept 
in  the  clerk's  office  aforesaid;  and  the  presiding  justice,  and  each  of 
the  other  justices,  shall  have  power,  jurisdiction,  and  authority  to  hear, 
try,  and  determine  any  action,  suit,  or  proceeding  so  commenced,  and 
which  shall  have  been  made  returnable  before  him,  or  may  be  assigned 
or  transferred  to  him,  or  any  motion,  application,  or  issue  therein  (sub- 
ject to  the  constitutional  right  of  trial  by  jury),  and  to  make  any  neces- 
eary  and  proper  orders  therein. 

In  case  of  disability  of  justice,  case  to  be  tried  before  another  justice. 

§219.  In  case  of  sickness,  or  disability,  or  absence  of  a  justice  of 
the  peace  (on  the  return  of  a  summons,  or  at  the  time  appointed  for 
trial)  to  whom  a  cause  has  been  assigned,  the  presiding  justice  shall  re- 
assign the  cause  to  some  other  justice,  who  shall  proceed  with  the  trial 
and  disposition  of  said  cause  in  the  same  manner  as  if  originally  as- 
signed to  him;  and  if,  at  any  time  before  the  trial  of  a  cause  or  matter 
returnable  or  pending  before  any  of  said  justices,  either  party  shall 
object  to  having  the  cause  or  matter  tried  before  said  justice  on  the 
ground  that  such  justice  is  a  material  witness  for  either  party,  or  on 
the  ground  of  the  interest,  prejudice,  or  bias  of  such  justice,  and 
such  objection  be  made  to  appear  in  the  manner  prescribed  by  sec- 
tion 833  of  the  Code  of  Civil  Procedure,  the  said  justice  shall  suspend 
proceedings,  and  the  presiding  justice,  on  motion  and  production  be- 
fore him  of  the  affidavit  and  proofs,  shall  order  the  transfer  of  the 
cause  or  matter  for  trial  before  some  other  justice,  to  be  designated 
by  him.  The  presiding  justice  may,  in  like  manner,  assign  or  transfer 
any  contested  motion,  application,  or  issue  in  law,  arising  in  any  cause, 
returnable  or  pending  before  him  or  any  other  justice,  to  some  other 
justice,   and  the   said  justice  to  whom  any   cause,   matter,   motion,  ap- 


737  MUNICIPAL   CORPORATION  BILL.      Act  2348,  §§  220-23J 

plication,  or  issue  shall  be  so  as  aforesaid  assigned  or  transferred,  shall 
have  power,  jnridiction,  and  authority  to  hear,  try,  and  determine  the 
same   accordingly. 

Certain  cases  to  be  certified  to  superior  court  by  presiding  justice,  and 

justices'  clerk. 

§220.  Cases  which,  by  the  provisions  of  law,  are  required  to  be  cer- 
tified to  the  superior  court,  by  reason  of  involving  the  question  of  title 
or  possession  of  real  property,  or  the  legality  of  any  tax,  impost,  assess- 
ment, toll,  or  municipal  fine,  shall  be  so  certified  by  the  presiding  jus- 
tice and  justices'  clerk;  and  for  that  purpose,  if  such  question  shall 
arise  on  the  trial  while  the  case  is  pending  before  one  of  the  other 
justices,  such  justice  shall  certify  the  same  to  the  presiding  justice.  All 
abstracts  and  transcripts  of  judgments  and  proceedings  in  said  court, 
or  in  any  of  the  dockets  or  registers  of  or  deposited  in  said  court,  shall 
be  given  and  certified  from  any  of  such  dockets  or  registers  and  signed  . 
by  the  presiding  justice  and  clerk,  and  shall  have  the  same  force  and 
effect  as  abstracts  and  transcripts  of  justices  of  the  peace  in  other 
cases.  Appeals  from  judgments  rendered  in  said  court  shall  be  talcen 
and  perfected  in  the  manner  prescribed  by  law,  and  the  notice  of  appeal 
and  all  papers  required  to  be  filed  to  perfect  it  shall  be  filed  with  the 
justices'  clerk.  Statements  on  appeal  shall  be  settled  by  the  justice 
who  tried  the  cause.  Sureties  on  appeal,  or  on  any  bond  or  undertak- 
ing given  in  any  cause  or  proceeding  in  said  court,  when  required  to 
justify,  may  justify  before  any  one  of  the  justices. 

Jurisdiction. 

§221.  The  jurisdiction  of  the  justices'  court  of  such  city,  or  city 
and  county,  extends  to  the  limits  of  the  city,  or  city  and  county,  and 
its  process  may  be  served  in  any  part  thereof. 

Powers  of  associate  justices. 

§  222.  The  presiding  justice,  whenever  in  his  judgment  the  prompt 
dispatch  of  business  shall  demand  it,  may  require  the  aid  of  one  of  the 
justices  of  the  peace  in  the  discharge  either  of  his  own  duties  or  those 
of  the  justices'  clerk  (the  collection  of  fees,  accounting  for,  and  pay- 
ing the  same  into  the  treasury  excepted),  and  each  of  the  justices,  when 
so  required,  shall,  for  the  purpose,  have  the  same  power  and  authority 
as  the  presiding  justice  or  clerk  in  whose  aid  he  shall  act;  and  any  one 
of  the  justices,  when  required  as  aforesaid,  may  act  as  a  justices'  clerk 
pro  tempore  during  the  temporary  absence  or  disability  of  such  clerk, 
with  the  same  powers,  duties,  and  responsibilities. 

"Justices'  Docket." 

§223.  In  a  suitable  book,  strongly  bound,  the  justices'  clerk  shall 
keep  a  permanent  record  of  all  actions,  proceedings,  and  judgments  com- 
menced, had,  or  rendered  in  said  justices'  court,  which  book  shall  be  a 
public  record,  and  be  known  as  the  "Justices'  Docket,"  in  which  docket 
the  clerk  shall  make  the  same  entries  as  are  provided  for  in  section  911 
of  the  Code  of  Civil  Procedure,  and  which  said  docket  and  entries 
Gen.  Laws — 47 


Act  2348,  §§  224-227  GENERAL   LAWS.  738 

therein  shall  have  the  same  force  and  effect  as  is  provided  by  law  in 
reference  to  dockets  of  justices  of  the  peace.  To  enable  the  clerk  to 
make  up  such  docket,  each  of  the  justices  shall  keep  minutes  of  his  pro- 
ceedings in  every  cause  returnable  before,  or  assigned  or  transferred  to, 
him  for  trial  or  hearing;  and  upon  judgment,  or  other  disposition  of  a 
cause,  such  justice  shall  immediately  certify  and  return  the  said  minutes, 
together  with  all  pleadings  and  papers  in  said  cause,  to  the  clerk's  office, 
who  shall  immediateiy  thereupon  file  the  same,  and  make  the  proper 
entries  under  the  title  of  the  action  in  the  docket  aforesaid. 

Procedure. 

§  224.  The  justices'  court  and  the  justices  of  the  peace  of  every  such 
city  and  county  shall  be  governed  in  their  proceedings  by  the  provisions 
of  law  regulating  proceedings  before  justices  of  the  peace,  so  far  as  such 
provisions  are  not  altered  or  modified  in  this  chapter,  and  the  same  are 
or  can  be  made  applicable  in  the  several  cases  arising  before  them.  The 
justices'  court  of  such  city,  or  city  and  county,  shall  have  power  to  make 
rules,  not  inconsistent  with  the  constitution  and  laws,  for  the  govern- 
ment of  such  justices'  court  and  the  officers  thereof;  but  such  rules  shall 
not  be  in  force  until  thirty  days  after  their  publication;  and  no  rule 
shall  be  made  imposing  any  tax  or  charge  on  any  legal  proceeding,  or 
giving  any  allowance  to  any  justice  or  officer  for  services. 

New  justices'  court  a  continuation  of  old. 

§  225.  All  actions  and  proceedings  pending  and  undetermined  before 
the  justices'  court  of  such  city,  or  city  and  county,  if  any,  at  the  time 
of  its  organization  under  this  act,  shall  be  proceeded  in,  heard,  and  de- 
termined before  the  court  herein  provided  for,  and  execution  shall  be 
issued  thereon,  and  other  proceedings  had  therein,  whether  before  or  after 
judgment,  whether  on  appeal  or  otherwise;  and  the  court  provided  for 
under  this  act  shall  be  deemed  to  be  a  continuation  of  the  same  court 
before  existing,  and  not  a  new  court. 

Prohibition  to  practice  by  justices. 

§  226.  It  shall  not  be  lawful  for  any  justice  of  the  peace,  the  justices' 
clerk,  or  the  sheriff,  or  any  of  his  deputies,  of  such  city,  or  city  and 
county,  to  appear  or  advocate,  or  in  any  manner  act  as  attorney,  counsel, 
or  agent  for  any  party  or  persion  in  any  cause,  or  in  relation  to  any  de- 
mand, account,  or  claim,  pending,  or  to  be  sued  or  prosecuted  before  said 
justices,  or  any  of  them,  or  which  may  be  within  their  jurisdiction.  A 
violation  of  the  provisions  of  this  section  shall  be  deemed  a  misdemeanor 
in  office. 

Qualifications  of  attonieys. 

§  227.  No  person  other  than  an  attorney  at  law,  duly  admitted  and 
licensed  to  practice  in  courts  of  record,  shall  be  permitted  to  appear  as 
attorney  or  agent  for  any  party  in  any  cause  or  proceeding  before  said 
justices,  or  any  of  them,  unless  he  produce  a  sufficient  power  of  attorney 
to  that  effect,  duly  executed  and  acknowledged  before  one  of  said  jus- 
tices, or  before  some  other  officer  authorized  by  law  to  take  acknowledg- 


739  MUNICIPAL   CORPORATION   BILL.       Act  2348,  §§  228-232 

ment  of  deeds;  which  power  of  attorney,  or  a  true  copy  thereof,  duly 
certified  by  one  of  the  justices  aforesaid  (who,  on  inspection  of  the  orig- 
inal, shall  attest  to  its  genuineness),  shall  be  filed  among  the  papers 
in  such  cause  or  proceeding.   ' 

Appointment  of  additional  justices. 

§228.  If,  at  the  time  of  the  organization  of  any  such  city,  or  city 
and  county,  under  this  act,  there  shall  not  be  the  complement  of  justices 
of  the  peace  provided  for  in  this  chapter,  the  municipal  council  of  such 
city,  or  city  and  county  shall  appoint  a  suitable  person  or  persons  to  fill 
such  complement  and  the  person  or  persons  so  appointed  shall  hold  office 
from  his  or  their  appointment,  and  until  his  or  their  successor  or  succes- 
sors is  or  are  elected  or  appointed  and  qualified. 

Police  court. 

§229.  The  judicial  power  of  such  city,  or  city  and  county,  shall  be 
vested  in  a  "police  court,"  to  be  held  therein  by  the  police  judges.  The 
police  court  shall  not  be  a  court  of  record.  Said  court  shall  have  a  seal.  - 
The  judges  of  said  court  may  hold  as  many  sessions  of  said  court  at  the 
same  time  as  there  are  judges  thereof.  There  shall  be  two  departments 
of  said  court,  denominated,  respectively.  Department  One  and  Depart- 
ment Two.  The  court  may  sit  in  departments,  and  shall  be  always  open 
for  the  transaction  of  business.  There  shall  be,  as  far  as  practicable,  an 
equal  distribution  of  cases  between  the  said  departments,  which  cases 
shall  be  alternately  set  down  for  trial  to  each  department  in  the  order 
in  which  the  warrants  are  issued  or  proceedings  brought  before  the  court. 
Said  judges  shall,  as  soon  as  may  be  after  the  commencement  of  the  terms 
of  their  office,  classify  themselves  by  lot  for  assignment  to  said  depart- 
ments, and  shall  be  thereby  assigned  accordingly. 

Power  and  jurisdiction  of  police  court. 

§  230.  All  the  power  and  jurisdiction  of  said  court  shall  be  enjoyed 
and  may  be  exercised  in  bank,  or  in  either  department  thereof.  All  the 
powers  of  said  judges  may  be  exercised  by  either  of  them. 

Same. 

§231.  The  police  court  of  such  city,  or  city  and  county,  shall  have 
jurisdiction: 

1.  Of  an  action  or  proceeding  for  the  violation  of  any  ordinance  of  such 
city,  or  city  and  county; 

2.  Of  proceedings  respecting  vagrants  and  disorderly  persons. 

Same. 

§232.  The  police  court  shall  have  jurisdiction  of  the  following  public 
offenses  committed  in  such  city,  or  city  and  county: 

1.  Petit  larceny;  receiving  stolen  property,  when  the  amount  involved 
does  not  exceed  fifty  dollars. 

2.  Assault  and  battery,  not  charged  to  have  been  committed  upon  a 
public  officer  in  the  discharge  of  his  duties  or  with  intent  to  kill; 

3.  Breaches  of  the  peace,  riots,  aFFrays.  committing  willful  injury  to 
property,  and  of  all  misdemeanors  punishable  by  a  fine  not  exceeding  one 


Act  2348,  §§  233-236  GENERAL   LAWS.  740 

thousand  dollars,  or  by  imprisonment  not  exceeding  one  year,  or  by  both 
such  fine  and  imprisonment; 

4.  Said  court  or  judges  shall  have  jurisdiction  of  proceedings  for  se- 
curity to  keep  the  peace;  and  also,  throughout  such  city  and  county,  the 
same  powers  and  jurisdiction,  in  other  criminal  actions,  cases,  prosecu- 
tions, and  proceedings  as  are  now  or  hereafter  may  be  conferred  by  law 
upon  police  or  justices'  courts. 

Power  to  hold  examinations. 

§  233.  The  judges  of  said  court  shall  have  power  to  hear  cases  for 
examination,  and  may  commit  and  hold  the  offender  to  bail  for  trial  in 
the  superior  court,  and  may  try,  condemn,  or  acquit,  and  carry  their  judg- 
ment into  execution,  as  the  case  may  require  according  to  law,  and  shall 
have  power  to  issue  warrants  of  arrest,  subpoenas,  and  all  other  process 
necessary  to  the  full  and  proper  exercise  of  their  power  and  jurisdiction. 

May  commit  to  home  of  inebriate. 

§  234.  Said  court  or  judges  shall  also  have  power  to  commit  to  the 
home  for  the  care  of  the  inebriate,  when  any  such  institute  may  be  es- 
tablished, any  person  who  m.ay  be  convicted  before  them  of  habitual 
intemperance,  for  a  term  not  exceeding  six  months,  or  until  sooner  re- 
leased by  order  of  the  police  judges,  or  by  the  board  of  managers  of 
such  institution  by  a  two-thirds  vote  of  all  the  members  of  said  board. 

When  may  commit  to  industrial  schools. 

§  235.  The  said  court  or  judges  shall  have  the  power  to  commit  all 
offenders  duly  convicted,  under  eighteen  years  of  age,  to  the  industrial 
school  of  said  city  and  county,  in  all  cases  where  such  commitment  shall 
by  said  court  or  judge  be  deemed  to  be  more  suitable  than  the  punishment 
otherwise  provided  by  law,  not  to  exceed  six  months.  If,  upon  any 
trial,  it  shall  appear  that  the  person  on  trial  is  under  fourteen  years  of 
age,  and  has  done  an  act  which  if  done  by  a  person  of  full  age  would 
warrant  a  conviction  of  the  crime  of  misdemeanor  charged,  then  and  in 
that  case  said  court  or  judges  shall  have  power  to  commit  such  child  to 
the  industrial  school.  In  either  case  said  court  or  judges  may  sentence 
such  person  to  be  confined  in  the  correctional  department  of  said  in- 
dustrial school  for  any  term  not  exceeding  six  months.  Upon  application 
of  the  mayor,  or  any  member  of  the  supervisors,  or  of  any  three  citizens, 
charging  that  any  child  under  eighteen  years  of  age  lives  an  idle,  or  dis- 
solute life,  and  that  his  parents  are  dead,  or,  if  living,  do,  from  drunken- 
ness or  other  vices  or  causes,  neglect  to  provide  any  suitable  employment, 
or  exercise  salutary  control  over  such  child,  the  said  court  or  judges  shall 
have  power  to  examine  the  matter,  and  upon  being  satisfied  of  the  truth 
of  such  charges,  may  sentence  such  child  to  the  industrial  school;  pro- 
vided, that  no  person  shall  be  so  sentenced  for  a  longer  period  than  until 
he  arrive  at  the  age  of  eighteen  years. 

May  sentence  to  labor  on  public  works,  etc. 

§236.  In  cases  where,  for  any  offense,  the  said  court  is  or  judges  are 
authorized  to  impose  a  fine,  or  imprisonment  in  the  county  jail,  or  both, 


741  MUNICIPAL  CORPORATION  BILL.      Act  2348,  §§  237-240 

it  or  they  may  instead  sentence  the  offender  to  be  employed  at  labor  on 
the  public  works,  or  in  the  house  of  correction  or  workhouse  as  the  super- 
visors may  prescribe,  for  a  period  of  time  equal  to  the  term  of  imprison- 
mcHu  which  might  legally  be  imposed,  and  may,  in  case  a  fine  is  imposed, 
embrace  as  a  part  of  the  sentence  that  in  default  of  payment  thereof 
the  offender  shall  be  obliged  to  labor  on  said  works,  at  said  house  of  cor- 
rection  or  workhouse,  or  elsewhere,  at  the  rate  of  one  dollar  'a  day,  till 
the  fine  imposed  is  satisfied;  provided,  that  no  person  under  the  age  of 
twenty-one  years,  or  who  is  to  be  sentenced,  on  conviction  for  drunken- 
ness or  breach  of  the  peace,  shall  be  sentenced  to  labor  upon  the  public 
works  away  from  the  house  of  correction  or  workhouse. 

Punishment  of  contempt. 

§237.  The  said  court  and  judges  may  punish  contempts  in  the  same 
manner  and  to  the  same  extent  as  superior  courts,  and  the  laws  concern- 
ing contempts  applicable  to  superior  courts  shall  be  applicable  to  said 
police  court  and  judges. 

Record  to  be  kept  by  county  clerk. 

§238.  The  county  clerk  shall  keep  a  record  of  the  proceedings  of  the 
police  court,  issue  all  process  ordered  by  said  court,  and  shall  render  to 
the  auditor,  monthly,  and  before  any  amount  can  be  paid  to  him  on  ac- 
count of  his  salary,  an  exact  and  detailed  account,  upon  oath,  of  all  fines 
imposed,  and  all  bail  forfeited,  and  moneys  collected,  as  clerk  of  said 
court,  since  his  last  account  rendered.  He  shall  prepare  bonds,  justify 
and  accept  bail,  when  the  amount  has  been  fixed  by  the  police  judges,  in 
eases  not  exceeding  one  thousand  dollars,  and  he  shall  fix,  justify,  and 
accept  bail  after  arrest,  in  the  absence  of  the  police  judges,  in  all  cases 
not  amounting  to  a  felony,  in  the  same  manner  and  with  the  like  effect 
as  if  the  same  had  been  fixed  by  the  police  judges  or  police  court.  The 
county  clerk  shall  appoint  three  deputy  clerks,  who  shall  act  as  deputy 
flerks  of  said  police  court.  The  clerk  and  the  deputy  clerks  in  this  sec- 
tion mentioned  shall  have  authority  to  administer  oaths  and  affirmations, 
and  take  and  certify  affidavits  in  any  proceeding  in  said  police  court,  in 
and  for  said  city  and  county,  and  to  issue  subpoenas. 

Office  hours. 

§239.  The  police  judges  and  the  deputy  clerks  shall  attend  at  the 
courtrooms  of  said  court  for  the  dispatch  of  business  daily,  from  the  hour 
of  9  o'clock  A.  M.  until  5  o'clock  P.  M.,  and  during  such  other  reasonable 
hours  as  may  be  necessary  for  the  discharge  of  their  respective  duties, 
except  on  legal  holidays. 

Pa3rment  of  fines  by  clerk  into  treasury. 

§240.  The  county  clerk,  as  clerk  of  the  police  court,  shall  pay  to  the 
treasurer  of  said  city  and  county,  immediately,  all  fines  collected  and  bail 
forfeited,  accompanied  by  a  verified  written  statement  showing  from 
whom  each  fine  was  collected,  when  collected,  in  what  case,  specifying 
the  offense,  and  in  what  amount,  and  in  what  case  and  by  whom  such 
bail  was  forfeited.     He  shall  immediately  upon  the  forfeiting  of  any  bail 


Act  2348,  §§  241-245  GENERAL    LAWS.  742 

bond  in  the  police  court,  transmit  to  the  district  attorney  a  copy  of  such 

bail  bond,   duly   certified   by   him  under  the   seal   of  that  court   to   be  a 

true  copy,  stating  in  such  certificate  the  fact  of  such  forfeiture,  and  the 
date  thereof. 

Justice  of  the  peace  may  preside  in  police  court. 

§  241.  Any  justice  of  the  peace  of  the  said  city  and  county  who  may 
be  designated,  in  writing,  by  the  mayor  for  the  purpose,  shall  have  power 
to  preside  in  and  hold  the  police  court  of  said  city  and  county,  or  any 
department  thereof,  in  the  event  of  the  temporary  absence  of  the  police 
judges,  or  either  of  them,  or  of  their  inability  to  act  from  any  cause; 
and  during  such  temporary  absence  or  disability  the  justice  so  designated 
shall  act  as  police  judge,  and  shall  have  and  exercise  all  the  powers,  juris- 
diction, and  authority  which  are  or  may  be  by  law  conferred  upon  said 
court  or  judges. 

Duty  of  assistant  district  attorney. 

§242.  It  shall  be  the  duty  of  the  assistant  district  attorneys,  acting 
in  the  police  court,  or  either  and  each  of  them,  whenever  they  shall  have 
been  credibly  informed  that  any  person  criminally  injured  by  another  is 
likely  to  die,  to  take  the  dying  statement  of  such  person,  and  to  im- 
mediately reduce  the  same  to  writing.  It  is  also  hereby  made  the  duty 
of  attending  physicians,  and  others  knowing  of  such  cases,  to  report  the 
same  immediately  to  such  assistant  district  attorneys. 

Attorney  before  police  court. 

§  243.  No  person  shall  be  permitted  to  act  as  attorney  or  counsel  be- 
fore the  police  court  or  the  police  judges,  unless  he  shall  be  an  attorney 
and  counselor  admitted  to  practice  in  the  supreme  court  of  this  state. 

Bailiffs  for  court. 

§244.  The  chief  of  police  shall  designate  two  or  more  policemen,  who 
shall  attend  constantly  upon  the  police  court,  act  as  bailiffs  therein,  and 
execute  the  orders  and  process  of  said  court  and  the  judges  thereof. 

Abolition  of  courts  and  transfer  of  records. 

§  245.  The  police  judge's  court  and  the  police  judge's  court  number 
two  of  said  city  and  county,  and  the  offices  of  the  judges  thereof,  shall 
be  abolislied  at  12  o'clock  noon,  of  the  first  Monday  after  the  first  day 
of  January,  in  the  year  eighteen  hundred  and  eighty-five,  and  at  that 
time  all  records,  registers,  dockets,  books,  papers,  actions,  warrants,  judg- 
ments, and  proceedings  lodged,  deposited,  or  pending  before  the  said  last- 
mentioned  courts,  or  the  judges  thereof,  shall  be  by  force  hereof  trans- 
ferred to  said  police  court,  which  police  court  and  the  police  judges  herein 
provided  for  shall  have  the  same  power  and  jurisdiction  over  them  as  if 
they  had  been  in  the  first  instance  lodged,  deposited,  or  commenced  in 
said  police  court,  or  before  the  judges  last  aforesaid;  but  nothing  herein 
contained  shall  affect  any  judgment  rendered  or  proceeding  had  before 
that  time  in  said  police  judge's  court  or  said  police  judge's  court  number 
two,  or  before  the  judges  thereof,  or  either  of  them. 


743  MUNICIPAL    CORPORATION    BILL.     Act  2348,  §§  246-249 

Interpreters. 

§  246.  There  shall  be  appointed  by  the  judges  of  the  superior  court 
of  such  city  and  county  five  competent  persons  deputies  to  act  as  inter- 
preters and  translators  of  the  following  languages:  French,  German, 
Italian,  Spanish,  Portuguese,  Chinese,  and  Slavonian.  The  said  deputies 
shall  each  receive  a  salary  of  one  thousand  two  hundred  dollars  per 
annum,  which  shall  be  paid  in  the  same  manner  as  the  salaries  of  other 
officers  are  paid.  It  shall  be  the  duty  of  each  of  said  deputies  to  attend 
in  a],l  the  courts  in  and  for  such  city  and  county,  when  required  by  any 
of  the  judges  thereof,  without  further  compensation  than  the  salaries 
above  provided. 

Article  VI. — Educational  Department. 
Boards  of  education. 

§  247.  There  shall  be  a  board  of  education  for  such  city,  or  city  and 
county,  which  shall  be  composed  of  twelve  school  directors,  elected  as 
provided  in  this  chapter,  who  shall  hold  office  for  tw^o  years,  and  until 
their  successors  are  elected  and  qualified.  They  shall  have  the  same 
qualifications  as  to  eligibility  requisite  for  members  of  the  board  of  alder- 
men. Said  board  shall  organize  immediately  after  the  election  and 
qualification  of  its  members,  by  electing  a  president  from  among  the  di- 
rectors elected,  and  annually  thereafter,  and  shall  hold  meetings  monthly, 
and  at  such  times  as  the  board  shall  determine.  A  majority  of  all  the 
members  elected  shall  constitute  a  quorum  to  transact  business,  but  a 
smaller  number  may  adjourn  from  time  to  time.  The  board  may  de- 
termine the  rules  of  its  proceedings.  Its  sessions  shall  be  public,  and  its 
record  shall  be  open  to  public  inspection. 

Superintendent  of  schools. 

§  248.  There  shall  be  elected  by  the  qualified  voters  of  such  city  and 
county,  at  the  general  state  election,  a  superintendent  of  schools,  who 
shall  take  office  on  the  first  Monday  after  the  first  day  of  January  next 
following  his  election,  and  hold  office  for  the  term  of  four  years,  and 
until  his  successor  is  elected  and  qualified.  He  shall  perform  such  duties 
as  are  prescribed  by  law. 

Powers  of  board. 

§  249.     The  board  of  education  shall  have  power: 

Establish  districts. 

1.  To  establish  school  districts,  and  to  fix  and  alter  the  boundaries 
thereof. 

Maintain  schools. 

2.  To  maintain  public  schools  as  organized  at  the  time  of  the  organiza- 
tion of  such  city,  or  city  and  county,  under  this  act,  and  to  consolidate 
and  discontinue  the  saiue  as  the  public  good  may  require. 

Establish  high  schools. 

3  To  establish  high,  normal,  and  experimental  schools  for  the  educa- 
tion of  teachers. 


Act  2348,  §  249  GENERAL    LAWS.  744 

Employ  and  dismiss  teachers,  etc. 

4.  To  employ  and  pay  and  to  dismiss  teachers,  janitors,  school-census 
marshals,  and  such  mechanics  and  laborers,  and  such  other  persons  as  may 
be  necessary  to  carry  into  effect  the  powers  and  duties  of  the  board,  and 
unless  otherwise  provided  by  law,  to  fix,  alter,  and  allow  paid  their 
salaries  and  compensations,  and  to  withhold,  for  good  and  sufficient  cause, 
the  whole  or  any  part  of  the  salary  or  wages  of  any  person  or  persons 
employed  as  aforesaid. 

Make  and  establish  rules,  etc. 

5.  Also  to  make  and  establish  and  enforce  all  necessary  and  proper 
rules  and  regulations  for  the  government  and  efficiency  of  the  schools, 
teachers,  and  pupils,  and  for  the  carrying  into  effect  of  the  school  system; 
and  to  establish  and  regulate,  and  grade  the  schools,  the  course  of  studies 
and  mode  of  instruction  therein;  to  investigate  all  charges  of  misconduct 
on  the  part  of  teachers  and  other  employees  of  the  board;  to  administer 
oaths  and  take  testimony;  to  summon  and  enforce  the  attendance  of  and 
examine  witnesses  for  such  purpose  before  the  board,  or  a  member  or 
committee  thereof.  Any  person  summoned  and  refusing  to  attend  and 
testify  shall  be  deemed  guilty  of  a  misdemeanor;  and  any  person  testify- 
ing falsely  shall  be  guilty  of  perjury,  and  on  conviction  punished  ac- 
cordingly. 

Provide  fuel,  stationery,  etc. 

6.  To  provide  for  the  school  department  of  such  city,  or  city  and 
county,  fuel,  lights,  blanks,  blank-books,  books,  printing,  and  stationery, 
and  such  other  articles,  materials,  or  supplies  as  may  be  necessary  and 
appropriate  for  use  in  the  schools,  or  in  the  office  of  the  superintendent. 

Provide  schoolhouses. 

7.  To  build,  alter,  repair,  rent,  and  provide  schoolhouses,  and  furnish 
them  with  proper  school  furniture,  apparatus,  and  appliances,  and  to  in- 
sure any  and  all  school  property,  and  to  use  and  control  such  buildings 
as  may  be  necessary  for  the  uses  of  the  board  and  its  committees. 

To  purcha,se  school  lots. 

8.  To  receive,  purchase,  lease,  and  hold  in  fee,  in  trust  for  such  city, 
or  city  and  county,  any  and  all  real  estate  and  personal  property  that 
may  have  been  or  which  hereafter  may  be  acquired  for  the  use  and  bene- 
fit of  the  schools  of  such  city,  or  city  and  county. 

Grade  school  lots. 

9.  To  grade,  fence,  and  improve  school  lots,  and  in  front  thereof. 

To  sue  and  be  sued. 

10.  To  sue  for  any  and  all  lots,  lands,  and  property  belonging  to  or 
claimed  by  the  school  department  of  such  city,  or  city  and  county,  and 
to  prosecute  and  defend  all  actions  at  law  or  in  equity  necessary  to  re- 
cover the  full  enjoyment  and  possession  of  said  lots,  lands,  and  property, 
and  to  require  the  services  of  the  city,  or  city  and  county,  attorney  in  all 
such  suits  and  proceedings. 


745  MUNICIPAL    CORPORATION    BILL.     Act  2348,  §§  250-253 

To  superintend  disbursement  of  school  moneys. 

11.  To  establish  regulations  for  the  just  and  equal  disbursement  of  all 
moneys  belonging  to  the  school  department,  or  to  the  pulilie  school  fund, 
and  to  make  rules  and  regulations  to  secure  economy  and  accountability 
in  the  expenditure  of  school  money. 

To  sell  certain  personal  property. 

12.  To  discharge  all  legal  encumbrances  existing  upon  any  school  prop- 
erty; to  dispose  of  and  sell  such  personal  property  used  in  the  schools 
as  shall  no  longer  be  required,  and  all  moneys  realized  by  such  sales  shall 
be  paid  into  the  city  treasury  to  the  credit  of  tbe  public  school  fund. 

To  lease  lots,  etc. 

13.  To  lease,  for  the  benefit  of  the  public  school  fund,  for  a  term  not 
exceeding  five  years,  any  unoccupied  property  of  the  school  department 
not  required  for  school  purposes;  to  prohibit  any  child  under  six  years 
of  age  from  attending  the  schools;  and  generally  to  do  and  perform  such 
other  acts  as  may  be  necessary  and  proper  to  carry  into  force  and  effect 
the  powers  conferred  on  said  board. 

Who  may  administer  oaths. 

§  250.  The  president  of  the  board  of  education,  the  superintendent, 
and  the  secretary'  shall  have  power  to  administer  oaths  or  affirmations  con- 
cerning any  demands  upon  the  treasury  payable  out  of  the  public  school 
fund,  or  other  matters  relating  to  their  official  duties  or  the  school  de- 
partment. 

Reports. 

§  251.  It  shall  be  the  duty  of  each  director  to  make  quarterly  reports 
to  the  board  of  the  condition  of  the  schools  in  their  respective  districts. 

Supplies,  how  furnished. 

§  252.  It  shall  be  the  duty  of  the  board  of  education  to  furnish  all 
necessary  supplies  for  the  public  schools.  All  supplies,  books,  stationery, 
fuel,  printing,  goods,  material,  building,  repairs,  merchandise,  and  every 
other  article  and  thing  supplied  to  or  done  for  the  public  schools,  or  any 
of  them,  when  the  expenditure  to  be  incurred  is  likely  to  exceed  two  hun- 
dred dollars,  shall  be  done  by  contract,  let  to  the  lowest  responsible 
bidder,  after  advertisement  by  the  superintendent  of  schools;  and  the 
contract  shall  be  entered  into  by  the  superintendent  with  the  party  to 
whom  the  contract  is  awarded;  and  the  superintendent  shall  take  care 
that  such  contract  is  carried  out  in  strict  accordance  with  the  terms 
thereof. 

Bids  and  contracts,  how  made  and  awarded. 

§253.  All  bids  or  proposals  made  under  the  preceding  section  shall  be 
delivered  to  the  superintendent  of  schools,  and  said  board  shall,  in  open 
session,  open,  examine,  and  publicly  declare  the  same,  and  award  the  con- 
tract, to  the  lowest  responsible  bidder;  provided,  said  board  may  reject 
any  and  all  bids,  should  they  deem  it  for  the  public  good,  and  also  the 
bid   of  any  party  who  may  be  proved  delinquent  or  unfaithful  in  any 


Act  2348,  §§  254-258  GENERAL    LAWS,  746 

former  contract  with  such  city  and  county,  or  said  board,  and  cause  a 
republication  of  the  notice  for  proposals  as  above  specified.  Any  person 
may  bid  for  any  one  article. 

Not  to  be  interested  in  contract. 

§  254.  Any  school  director,  otficer,  or  other  person  officially  connected 
with  the  school  department,  or  drawing  a  salary  from  the  board  of  educa- 
tion, who  shall,  while  in  office,  or  so  connected,  or  drawing  salary,  be 
interested,  either  directly  or  indirectly,  in,  or  who  shall  gain  any  benefit 
or  advantage  from  any  contract,  payments  under  which  are  to  be  made 
in  whole  or  in  part  of  the  moneys  derived  from  the  school  fund,  or  raised 
by  taxation  or  otherwise  for  the  support  of  the  public  schools,  shall  be 
deemed  guilty  of  felony,  and  on  conviction,  punished  accordingly;  and 
this  provision  shall  not  be  construed  to  relieve  such  persons  from  any 
other  penalty,  but  shall  be  deemed  cumulative  to  and  with  other  penal- 
ties and  disabilities  as  to  such  acts  and  offenses. 

Annual  report. 

§255.  The  board  shall  make  and  transmit,  between  the  fifteenth  day 
of  January  and  the  first  day  of  February  of  each  year,  to  the  state  super- 
intendent of  public  instruction,  and  to  the  mayor  and  municipal  council 
of  such  city,  or  city  and  county,  a  report,  in  writing,  stating  the  whole 
number  of  public  schools  within  the  jurisdiction,  the  length  of  time  they 
have  been  kept  open,  the  number  of  pupils  taught  in  each  school,  the 
whole  amount  of  money  drawn  from  the  treasury  by  the  department  dur- 
ing the  year,  distinguishing  the  amounts  drawn  from  the  general  fund 
of  the  state  from  all  other,  and  from  what  sources,  and  the  manner  and 
purpose  in  which  such  money  has  been  expended,  with  particulars,  and 
such  other  information  as  may  be  required  from  them  by  the  state  super- 
intendent, the  municipal  council,  or  the  mayor. 

Evening  school. 

§  256.  The  board  shall  provide  evening  schools,  to  be  held  in  the  public 
schoolhouses,  for  the  benefit  of  those  unable  to  attend  the  day  schools, 
They  shall  make  and  enforce  regulations  requiring  the  teachers  to  keep 
records  of  the  names,  ages,  and  residences  of  all  pupils,  and  the  names 
and  residences  of  their  parents,  and  the  aggregate  attendance  of  each 
pupil  during  the  year,  and  to  verify  and  report  the  same  on  the  thirty- 
first  day  of  December  to  the  board;  and  such  other  rules  and  regulations 
for  the  purpose  of  ascertaining  the  attendance  and  efficiency  of  the 
department  and  progress  of  education. 

Superintendent  a  member  of  board. 

§257.  The  superintendent  of  schools  shall  be  ex  officio  member  of  the 
board  of  education  without  the  right  to  vote. 

Clerk. 

§  258.  Said  superintendent  shall  appoint  a  clerk,  subject  to  the  ap- 
proval of  the  board  of  education,  who  shall  act  as  secretary  of  said 
board.     His  salary  shall   be  two   hundred   dollars   a   month.     Said   clerk 


747  MUNICIPAL    CORPORATION    BILL.     Act  2348,  §§  259-263 

may  be  removed  at  the  pleasure  of  the  superintendent,  and  shall  per- 
form such  duties  as  shall  be  required  of  him  by  the  board  or  the  super- 
intendent. 

Report  of  superintendent. 

§  259.  The  superintendent  shall  report  to  the  board  annually,  on  or 
before  the  first  day  of  August,  and  at  such  other  time  as  the  board  may 
require,  all  matters  pertaining  to  the  expenditures,  income,  condition, 
and  progress  of  the  public  schools  of  such  city,  or  city  and  county, 
during  the  preceding  fiscal  year,  with  such  recommendations  as  he  may 
deem  proper.  He  shall  observe  and  cause  to  be  observed,  such  general 
rules  for  the  regulation,  government,  and  instruction  of  the  schools,  not 
inconsistent  v/ith  the  laws  of  the  state,  as  may  be  established  by  the 
board.  He  shall  attend  the  sessions  of  the  board,  and  inform  himself,  at 
each  session,  of  the  condition  of  schools,  schoolhouses,  school  funds,  and 
other  matters  connected  therewith,  and  to  recommend  such  measures 
as  he  may  deem  necessary  for  the  advancement  of  education  in  such 
city,  or  city  and  county.  He  shall  acquaint  himself  with  all  the  laws, 
rules,  and  regulations  governing  the  public  schools  in  such  city,  or  city 
and  county,  and  the  judicial  decisions  thereon,  and  give  advice  on  sub- 
jects connected  with  the  public  schools  gratuitously  to  officers,  teachers, 
pupils,  and  their  parents  and  guardians. 

Shall  visit  schools. 

§  260.  The  superintendent  of  schools  shall  visit  and  examine  the 
schools,  and  see  that  they  are  efficiently  conducted,  and  that  the  laws  and 
regulations  of  the  board  are  enforced  in  all  things,  and  that  no  religious 
or  sectarian  books  or  teachings  are  allowed  in  the  schools,  and  to  report 
monthly  to  the  board.  He  shall  also  report  to  the  state  superintendent 
at  such  times  as  such  officer  shall  require. 

Vacancy,  how  filled. 

§261.  Any  vacancy  in  the  office  of  school  director  shall  be  filled  for 
the  remainder  of  the  term  by  a  person  to  be  appointed  by  the  board 
of  aldermen. 

Vacancy  in  office  of  superintendent,  how  filled. 

§  262.  In  case  of  a  vacancy  in  the  office  of  superintendent,  the  board 
of  aldermen  may  appoint  a  person  to  fill  the  vacancy  until  the  next 
regular  election,  when  the  office  shall  be  filled  by  the  people. 

School  fund. 

§  263.  The  school  fund  of  such  city,  or  city  and  county,  shall  consist 
of  all  moneys  received  from  the  state  school  fund;  of  all  moneys  aris- 
ing from  taxes  which  shall  be  levied  annually  by  the  municipal  council 
of  such  city,  or  city  and  county,  for  school  purposes;  of  all  moneys 
arising  from  sale,  rent,  or  exchange  of  any  school  property,  and  of  such 
other  moneys  as  may,  from  any  source  whatever,  be  paid  into  said  school 
fund.  Said  fund  shall  be  kept  in  the  city,  or  «ity  and  county,  treasury, 
separate  and  distinct  from  all  other  moneys,  and  shall  only  be  used  for 


Act  2348,  §§  264-266  GENERAL  LAWS.  748 

school  purposes  under  the  provisions  of  this  chapter.  No  fees  or  com- 
missions shall  be  allowed  or  paid  for  assessing,  collecting,  keeping,  or 
disbursing  any  school  moneys;  and  if  at  the  end  of  any  fiscal  year  any 
surplus  remains  in  the  school  fund,  such  surplus  money  shall  be  carried 
forward  to  the  school  fund  of  the  next  fiscal  year,  and  shall  not  be,  for 
any  purpose  whatever,  diverted  or  drawn  from  said  fund,  except  under 
the  provisions  of  this  chapter. 

School  fund,  how  used. 

§26-i.  The  said  school  fund  shall  be  used  and  applied  by  said  board 
of  education  for  the  following  purposes,  to  wit: 

1.  For  the  payment  of  the  salaries  or  wages  of  teachers,  janitors, 
school-census  marshals,  and  other  persons  who  may  be  employed  by  said 
board. 

2.  For  the  erection,  alteration,  repair,  rent,  and  furnishing  of  school- 
houses; 

3.  For  the  expenses  of  high,  normal,  and  experimental  schools; 

4.  For  the  purchase  money  or  rent  of  any  real  or  personal  property 
purchased  or  hired   by  the  board; 

5.  For  the  insurance  of  all  school  property; 

7.  For  the  discharge  of  all  legal  encumbrances  now  or  hereafter  exist- 
ing on  any  school  property; 

8.  For  lighting  schoolrooms,  and  the  oflSce  and  rooms  of  the  superin- 
tendent and  the  board  of  education; 

9.  For  supplying  the  schools  with  fuel,  water,  apparatus,  blanks,  blank- 
books,  and  necessary  school  appliances,  together  with  books  for  indigent 
children; 

10.  For  supplying  books,  printing,  and  stationery  for  the  use  of  the 
superintendent  and  board  of  education,  and  for  the  incidental  expenses 
of  the  board  and  department; 

11.  In  grading,  fencing,  and  improving  school  lots. 

Claims,  how  allowed. 

§265,  All  claims  payable  out  of  the  school  fund  (excepting  coupons 
for  interest  in  school  bonds),  shall  be  filed  with  the  secretary  of  the 
board,  and  after  they  shall  have  been  approved  by  a  majority  of  all  the 
members  elect  of  the  board,  upon  a  call  of  "j'eas"  and  "nays"  (which 
shall  be  recorded),  they  shall  be  signed  by  the  president  of  the  board 
and  the  superintendent  of  the  public  schools,  and  be  sent  to  the  city 
and  county  auditor.  Every  demand  shall  have  indorsed  upon  it  a  cer- 
tificate of  its  approval  by  the  board,  showing  the  date  thereof,  and  the 
law  authorizing  it,  by  title,  date,  and  section.  All  demands  for  teachers' 
salaries  shall  be  payable  monthly. 

Demands  on  school  funds. 

§  266.     Demands  on  the  school  fund  may  be  audited  and  approved  in 

the  usual  manner,  although  there  shall  not,  at  the  time,  be  money  in  the 
treasury  for  the  payment  of  the  same;  provided,  that  no  demand  on  said 
fund  shall  be  paid  out  of  or  become  a  charge  against  the  school  fund 
of   any   subsequent   fiscal   year;    and   further   provided,   that    the    entire 


749  MUNICIPAL    CORPORATION    BILL.      Act  2348,  §§  267-270 

expenclitures  of  the  said  school  department,  for  all  purposes,  shall  not, 
in  any  fiscal  year,  exceed  the  revenues  thereof  for  the  same  year. 

Auditor  to  designate  fund. 

§267.  The  city,  or  city  and  county,  auditor  shall  state,  by  indorse- 
ment upon  any  claim  or  demand  audited  in  the  school  fund,  the  particular 
monej'  or  fund  out  of  which  the  same  is  payable,  and  that  it  is  payable 
from  no  other  source. 

Audited  bills  receivable  for  taxes. 

§  268.  Audited  bills  for  the  current  fiscal  year  for  wages  or  salaries 
of  the  teachers  in  the  public  schools  shall  be  receivable  for  school  taxes 
due  upon  real  estate.  All  demands  shall  be  audited  and  paid  in  the 
usual  manner. 

§  269.  All  lawful  demands  authorized  by  this  chapter  for  school  pur- 
poses shall  be  audited  and  approved  in  the  usual  manner,  and  the  auditor" 
and  treasurer  of  such  city,  or  city  and  county,  are  respectively  author- 
ized to  audit  and  pay  the  same,  when  so  ordered  paid  and  approved  by 
the  said  board;  provided,  that  the  said  board  shall  not  have  the  power 
to  contract  any  debt  or  liability,  in  any  form  whatsoever,  against  such 
cit}',  or  city  and  county,  in  contravention  of  this  chapter;  and  provided 
further,  that  the  allowance  or  approval  by  the  board  of  demands  not 
authorized  by  this  chapter  shall  be  no  warrant  or  authority  to  the  auditor 
or  treasurer  to  audit  or  pay  the  same. 

Board  of  education  to  make  estimate. 

§270.  It  shall  be  the  duty  of  the  board  of  education  of  such  city, 
or  city  and  county,  on  or  before  the  second  Monday  of  September  of 
each  year,  to  report  to  the  municipal  council  an  estimate  of  the  amount 
of  money  which  will  be  required  during  the  year  for  the  purpose  of 
meeting  the  current  annual  expenses  of  public  instruction  in  such  city, 
or  city  and  couuty,  specifying  the  amount  required  for  supplies  furnished 
pupils,  for  purchasing  and  procuring  sites,  for  leasing  rooms,  or 
erecting  buildings,  and  for  furnishing,  fitting  up,  altering,  enlarging, 
and  repairing  buildings;  for  the  support  of  schools  organized  since  the 
last  annual  apportionment;  for  salary  of  teachers,  janitors,  clerks,  and 
other  employees,  and  other  expenditures  authorized  by  law;  but  the 
aggregate  amount  so  reported  shall  not  exceed  the  sum  of  thirty-five 
dollars  for  each  pupil  who  shall  have  actually  attended  and  been  taught 
in  the  preceding  year  in  the  schools  entitled  to  participate  in  the  appor- 
tionments. The  number  of  pupils  who  shall  be  considered  as  having 
attended  the  schools  during  any  one  year  shall  be  ascertained  by  adding 
together  the  number  of  days'  attendance  of  all  the  pupils  in  the  com- 
mon schools  during  the  year,  and  dividing  the  same  by  the  number  of 
school  days  in  the  year.  Said  municipal  council  is  authorized  and  era- 
powered  to  levy  and  cause  to  be  collected,  at  the  time  and  in  the  manner 
of  levying  state  and  other  city,  or  city  and  county,  taxes,  the  amount 
of  tax,  not  to  exceed  thirty-five  dollars  per  pupil,  determined  and  re- 
ported by  the  board  of  educatiou.  The  amount  so  levied  and  collected 
shall  not  include  the  amount  received  annually  from  poll  taxes. 


Act  2348,  §§  271-287  GENERAL    LAWS.  750 

No  sectarian  school  shall  receive  school  money. 

§271.  No  school  shall  receive  any  portion  of  the  school  moneys  in 
which  the  religious  doctrines  or  tenets  of  any  particular  Christian  or 
other  religious  sect  are  taught,  inculcated,  or  practiced,  or  in  which  any 
book  or  books  containing  compositions  favorable  or  prejudicial  to  the 
particular  doctrines  or  tenets  of  any  particular  Christian  or  other  relig- 
ious sect  is  used;  nor  shall  any  such  books  or  teachings  be  permitted  in 
the   common   schools. 

No  member  of  board  shall  disburse  school  money,  or  accept  gift. 

§  272.  No  member  of  the  board  of  education  shall  ever  become  the 
disbursing  agent  of  such  board,  or  handle  or  pay  out  any  of  its  money 
under  or  upon  any  pretense  whatever.  Any  violation  of  this  provision 
shall  be  a  misdemeanor,  and  shall  subject  the  offender,  besides  the  punish- 
ment, to  removal  from  office.  Any  member  or  officer  of  the  board  of 
education  who  shall,  while  in  office,  accept  any  donation  or  gratuity  in 
money,  or  of  any  valuable  thing,  either  directly  or  indirectly,  from  any 
teacher,  or  candidate,  or  applicant  for  a  position  as  teacher,  upon  any 
pretense  whatever,  shall  be  deemed  guilty  of  a  misdemeanor  in  office 
and  shall  be  ousted  by  the  board,  or  by  any  court  of  competent  juris- 
diction, from  his  seat,  on  proof  thereof.  Any  member  or  officer  of  the 
board  of  education  who  shall  accept  any  money,  or  valuable  thing,  or 
the  promise  thereof,  with  an  agreement  or  understanding,  express  or  im- 
plied, that  any  person  shall,  in  consideration  thereof,  get  the  vote  or 
influence  of  such  member  or  officer  for  a  situation  as  a  teacher  or 
employee  of  any  kind  in  the  school  department,  shall  be  deemed  guilty 
of  a  felony,  and  on  conviction,  shall  be  punished  accordingly. 

Article  VII. — Miscellaneous  Provisions. 
Laws  which  do  not  conflict  with  this  act  are  continued  In  force. 

§286.  All  the  existing  provisions  of  law  defining  the  duties  of  county 
officers,  excepting  those  relating  to  supervisors  and  boards  of  supervisors, 
so  far  as  the  same  are  not  inconsistent  with,  repealed,  or  altered  by  the 
provisions  of  this  chapter,  shall  be  considered  as  applicable  to  officers 
of  any  consolidated  cities  and  counties,  acting  or  elected  under  this 
chapter.  Provisions  shall  be  made  from  the  revenues  of  any  city,  or 
city  and  county,  heretofore  existing  and  reorganized  under  this  act,  for 
the  payment  of  the  legal  indebtedness  of  the  municipal  corporation  to  . 
which  such  reorganized  city,  or  city  and  county,  shall  succeed,  or  of 
which  it  is  a  reorganization,  as  well  as  for  that  of  such  city,  or  city  and 
countr7,  after  its  organization,  and  all  funding  acts  and  other  la.ws  pro- 
viding for  the  payments  of  principal  and  interest  on  any  funded  debt 
of  such  former  corporation  shall  remain  in  force.  The  taxes  which  may 
be  levied  and  collected  in  such  city,  or  city  and  county,  shall  be  uni- 
form throughout  the  same. 

Where  provisions  of  this  chapter  shall  apply. 

§  287.  The  provisions  of  this  chapter  concerning  the  following  named 
officers,    to    wit:   Sheriff,    county    clerk,    recorder,    coroner,    and    public 


751  MUNICIPAL   CORPORATION  BILL.     Act  2348,  §§  288-301 

administrator,  shall  apply  only  to  consolidated  cities  and  counties.  The 
provisions  of  this  chapter  relating  to  the  district  attorney  shall,  except 
in  consolidated  cities  and  counties,  be  deemed  to  apply  to  the  city 
attorney;  and  no  sheriff,  county  clerk,  recorder,  district  attorney,  coroner, 
or  public  administrator  shall  be  elected  in  any  municipal  corporation 
under  the  provisions  of  this  chapter,  except  in  consolidated  cities  and 
counties. 

Duty  of  municipal  council  in  the  levy  of  taxes. 

§  288.  The  municipal  council  of  any  such  consolidated  city  and  county 
shall  perform  such  duties  in  and  about  the  levy  and  equalization  of  state 
and  county  taxes,  and  all  other  matters  and  things  as  are  or  may  be  pre- 
scribed by  law  for  boards  of  supervisors  of  counties  in  like  cases,  and 
not  inconsistent  with  the  provisions  of  this  chapter. 

CHAPTEE  III. 

Municipal  Corporations  of  the  Second  Class. 

(A  charter  for  cities  having  a  population  of  more  than  30,000  and  not 

exceeding  100,000.) 

Article  I. — General  Powers, 
Powers  of  municipal  corporations  of  the  second  class. 

§  300.  Every  municipal  corporation  of  the  second  class  shall  be  en- 
titled   the    city    of   (naming    it),    and    by    such    name    shall    have 

perpetual  succession,  may  sue,  be  sued,  in  all  courts  and  places,  and  in  all 
proceedings  whatever,  shall  have  and  use  a  common  seal,  alterable  at  the 
pleasure  of  the  city  authorities,  and  may  purchase,  lease,  receive,  hold, 
and  enjoy  real  and  personal  property,  and  control  and  dispose  of  the 
same  for  the  common  benefit;  provided,  that  it  shall  purchase  without 
the  city  no  property  except  such  as  shall  be  deemed  necessary  for  estab- 
lishing hospitals,  prisons,  cemeteries,  and  industrial  schools. 

Article  IT. — General  Provisions  Kelating  to  OflSeers. 
Election,  when  held. 

§  301.  The  municipal  election  shall  be  held  on  the  second  Monday  of 
March  of  each  even-numbered  year,  and  such  election  shall  be  subject 
fro  all  the  provisions  of  the  law  regulating  elections  for  state  officers, 
except  as  otherwise  provided  in  this  chapter.  At  such  election  there 
shall  be  elected,  for  the  government  of  the  city  the  following  officers: 
Seven  councilmen,  who  shall  constitute  a  board  to  be  known  as  the 
city  council;  a  mayor;  a  treasurer,  who  shall  be  ex-officio  clerk  of  the 
city  council;  a  city  attorney;  a  school  superintendent,  and  a  street 
superintendent,  who  shall  respectively  hold  office  for  the  t  rm  of  two 
years,  and  until  their  successors  are  elected  and  qualified.  One  council- 
man shall  be  elected  from  each  ward,  by  the  vote  of  the  city  at  large, 
and  shall  hold  office  for  the  term  of  two  years,  and  until  his  successor 
is  elected  and  qualified. 


Act  2348,  §§  302-307  GENERAL    LAWS.  732 

Bonds. 

§  302.  The  clerk  and  treasurer,  superiutencleiit  of  public  schools,  street 
superintendent,  and  all  other  officers  when  required  by  the  city  council 
by  ordinance,  shall  each,  before  entering  upon  his  official  duties,  and 
within  ten  days  after  receipt  of  his  certificate  of  election  or  appoint- 
ment, execute  a  bond,  in  such  sum  as  the  council  may  direct,  payable  to 
the  city;  which  bond  shall  be  subject  to  the  law  concerning  the  official 
bonds  of  officers,  and  to  approval  by  the  mayor.  And  the  council  may 
at  any  time  require  an  additional  amount,  or  new  sureties,  upon  any 
bond  which  it  may  deem  insufficient.  If  such  additional  security  be  not 
given,  the  council,  upon  notification  thereof  by  the  mayor,  may,  by  vote 
of  two-thirds  of  the  members,  declare  the  office  vacant. 

Fees,  etc.,  to  be  paid  into  treasury. 

§  303.  All  fees,  percentages,  and  all  other  moneys  received  or  col- 
lected by  any  officer  of  the  city,  shall  be  paid  by  such  officer,  at  the  end 
of  each  month,  into  the  city  treasury,  for  the  use  of  the  city;  and  no 
payment  shall  be  made  to  any  officer  for  salary  until  he  shall  have  taken, 
and  filed  with  the  clerk,  an  affidavit  that  he  has  paid  into  the  city 
treasury,  all  fees,  percentages,  and  all  other  moneys  by  him  theretofore 
received   or   collected. 

No  city  officer  shall  be  surety  on  bond  of  any  corporate  officer. 

§  304.  No  member  of  the  city  council,  or  of  the  board  of  education, 
nor  any  officer  of  the  city,  shall  be  surety  upon  the  official  bond  of  any 
corporate  officer,  nor  shall  he  be,  directly  or  indirectly,  interested  with 
or  be  surety  for  any  person  who  may  he  interested  in  any  franchise, 
contract,  appropriation,  work,  or  business,  or  in  the  sale  of  anything 
the  price  of  or  consideration  for  which  is  paid  or  payable  by  the  city, 
or  by  assessments  levied  under  an  ordinance  of  the  council;  nor  shall  any 
contract  be  awarded  or  franchise  granted  to  any  person,  who  may  be 
surety  on  the  official  bond  of  any  officer  of  the  city. 

Vacancy,  how  filled. 

§305.  If  any  officer  of  such  city,  or  member  of  the  city  council,  or 
board  of  education,  shall  remove  from  the  city,  or  absent  himself  there- 
from for  more  than  thirty  days,  or  shall  fail  to  qualify  by  taking  the 
oath  of  office  as  prescribed  by  law,  or  to  file  his  official  bond,  whenever 
such  bond  is  required,  within  ten  days  from  the  time  his  election  is  duly 
ascertained  and  declared,  his  office  shall  be  thereby  absolutely  vacated, 
and  the  city  council  shall  thereupon  fill  the  vacancy  upon  nomination 
by  the  mayor. 

Oath  of  office. 

§  306.  Every  officer  provided  for  in  this  chapter  shall,  before  entering 
upon  the  duties  of  his  office,  take  and  file  with  the  treasurer  the  consti- 
tutional oath  of  office;  provided,  that  the  oath  of  office  of  the  treasurer 
shall  be  filed  with  the  mayor. 

Salaries. 

§307.  The  salaries  of  the  officers  of  such  city  shall  be  as  follows: 
Mayor,  one  thousand  dollars  per  annum;  clerk  and  treasurer,  two  thou- 


753  MUNICIPAL   CORPORATION  BILL.  Act  2348,  §  319 

sand  dollars  per  annum;  assistant  to  the  clerk  and  treasurer,  one 
thousand  two  hundred  dollars  per  annum;  clerk  of  the  police  court,  one 
thousand  two  hundred  dollars  per  annum;  clerk  to  the  police  court,  nine 
hundred  dollars  per  annum;  city  attorney,  two  thousand  dollars  per 
annum;  street  superintendent,  one  thousand  eight  hundred  dollars  per 
annum;  captain  of  police,  one  thousand  eight  hundred  dollars  per  annum; 
police  detective,  one  thousand  five  hundred  dollars  per  annum;  school 
superintendent,  two  thousand  dollars  per  annum;  assistant  school 
superintendent,  one  thousand  two  hundred  dollars  per  annum;  policemen, 
nine  hundred  dollars  per  annum  each.  The  mayor  may  appoint  a  clerk, 
who  shall  receive  a  salary  of  nine  hundred  dollars  per  annum.  The 
salaries  of  all  officers  shall  be  paid  in  monthly  installments,  at  the  end 
of  each  and  every  month  of  service. 

Article  III. — Legislative  Department. 
Time  of  meeting. 

§  319.  The  city  council  shall  meet  on  the  first  Monday  after  their 
election,  and  at  such  other  times  as  they  may  by  ordinance  appoint. 
A  majority  of  the  council  shall  constitute  a  quorum  for  the  transaction 
of  business.  They  shall  determine  the  rules  of  their  proceedings,  and 
judge  of  the  qualification  and  election  of  all  officers;  and  shall  provide, 
by  ordinance,  the  method  of  calling  special  meetings  of  the  council. 
Their  sittings  shall  be  public.  A  journal  of  their  proceedings  shall  be 
kept  by  the  clerk,  under  their  direction;  and  the  a^'es  and  noes  shall 
be  taken  and  entered  on  the  journal  at  the  request  of  any  member. 
They  shall  prescribe,  by  ordinance,  the  duties  of  all  officers  whose  duties 
are  not  defined  in  this  act.  They  shall  have  the  power  to  raise,  by  tax, 
not  exceeding  one  per  cent  for  all  purposes  (except  for  the  redemption  of 
bonds)  on  the  assessed  value  of  the  real  and  personal  property  within 
the  limits  of  such  city,  moneys  for  the  establishment  and  support  of 
free  common  schools,  and  to  provide  suitable  grounds  and  buildings 
therefor,  and  defraying  the  ordinary  expenses  of  the  city,  as  well  as  for 
paving,  planking,  or  otherwise  improving  the  streets  of  the  city.  They 
shall  also  have  power  to  pass  all  proper  and  necessary  ordinances  for 
the  regulation  and  sale  of  city  property,  and  to  give  deeds  therefor. 
They  shall  have  power  to  open,  alter,  establish,  grade,  or  otherwise  im- 
prove and  regulate,  streets,  alleys,  and  lanes,  and  the  sidewalks  upon 
the  same;  to  construct  and  keep  in  repair  bridges,  so  as  not  to  interfere 
with  navigation,  fences,  public  places,  wharves,  docks,  ferries,  piers,  slips, 
sewers,  and  wells,  and  to  make  assessments  therefor;  to  regulate  and  col- 
lect tolls,  wharfage,  dockage,  and  cranage,  upon  all  water  craft,  and  all 
goods  landed;  to  make  regulations  for  securing  the  health,  cleanliness, 
ornament,  peace,  and  good  order  of  the  city;  for  preventing  and  ex- 
tinguishing fires,  and  appointing  and  regulating  firemen,  policemen,  and 
such  other  officers  as  may  be  necessary  to  appoint;  for  the  care  and 
regulation  of  prisons  and  markets;  for  licensing,  taxing,  and  regulating 
all  such  vehicles,  business,  and  employments  as  the  public  good  may 
require,  and  as  may  not  be  prohibited  by  law;  to  levy  a  tax  license  upon 
all  dogs,  or  otherwise  prevent  the  same  from  running  at  large  in  the 
Gen.  Laws — 48 


Act  2348,  §  319  GENERAL  LAWS.  754 

streets  and  public  grouiuls  of  the  city;  to  regulate  and  suppress  all 
occupations,  houses,  places,  amusements,  and  exhibitions  which  are  against 
good  morals,  or  contrary  to  the  public  order  and  decency;  for  the  regu- 
lation and  location  of  slaughter-houses,  markets,  stables,  and  gas-works, 
and  houses  for  the  storage  of  gunpowder  and  other  combustible  materials, 
and  limit  the  quantity  of  combustible  or  explosive  materials  to  be  stored 
in  any  one  place;  for  prohibiting  or  suppressing  the  erection  of  slaughter- 
houses, or  the  slaughtering  of  animals  within  the  limits  of  the  city,  and 
for  prohibiting  or  suppressing  the  erection  or  carrying  on  of  any  soap 
or  glue  factory,  tan-yard,  powder  magazine,  or  other  nuisance  within  the 
limits  of  the  city;  and  to  declare  what  shall  constitute  a  nuisance;  and 
to  make  and  enforce  within  its  limits  all  such  local,  police,  sanitary,  and 
other  regulations  as  are  not  in  conflict  with  general  laws;  and  provide 
suitable  buildings  for  the  management,  good  government,  and  general 
welfare  of  the  city.  They  shall  also  have  power  to  pass  such  ordinance 
or  ordinances  as  may  be  necessary  to  prevent  animals  from  running  at 
large  within  the  limits  of  the  city;  to  establish  a  pound,  and  appoint  a 
poundkeeper,  and  prescribe  his  duties,  and  to  provide  for  the  public  sale, 
tjy  the  poundkeeper,  of  such  animals  as  may  be  impounded,  in  the  same 
way  and  upon  like  notice  that  personal  property  is  sold  by  execution 
under  the  laws  of  this  state;  provided,  that  the  owner  or  owners  of  such 
property  so  impounded  may  reclaim  the  same  at  any  time  before  sale, 
upon  payment  of  costs  and  charges  of  taking  up  and  impounding;  and, 
within  thirty  days  after  the  sale,  upon  proof  of  ownership  of  the  property 
sold,  duly  made  before  the  mayor,  and  upOn  payment  of  the  costs  and 
expenses  of  impounding  and  selling,  and  upon  the  payment  of  the  surtl 
of  one  dollar  to  the  mayor,  as  a  fee  for  the  investigation  of  the  question 
of  ownership,  and  for  his  certificate  to  that  effect,  such  owner  or  owners 
may  receive  the  purchase  money  arising  from  such  sale  or  sales.  Penal- 
ties for  the  violation  of  any  and  all  ordinances  shall  be  by  fine  not 
exceeding  one  hundred  dollars,  and  in  case  the  fine  be  not  paid,  then 
the  person  or  persons  may  be  imprisoned  at  the  rate  of  one  day  for 
every  two  dollars  of  the  fine  imposed,  or  in  lieu  of  the  imprisonment,  or 
any  part  of  it,  the  person  or  persons  so  fined  shall  labor,  under  the 
direction  of  the  city  authorities,  either  upon  the  streets,  public  grounds, 
or  buildings,  or  in  such  other  places  as  may  be  deemed  advisable  for  the 
benefit  or  revenue  of  said  city.  The  city  council,  upon  the  nomination 
of  the  mayor,  shall  have  power  to  appoint  suitable  persons  to  fill  vacan- 
cies in  any  elective  office,  except  that  of  mayor,  until  the  next  regular 
municipal  election,  when,  if  the  term  be  unexpired,  an  election  shall  be 
held  to  fill  such  vacancy  for  the  unexpired  term  of  said  officers.  The 
members  of  the  city  council  shall  receive  no  salary  for  their  services. 
They  shall  have  power  to  provide  for  all  city  elections,  to  designate  the 
place  or  places  of  holding  the  same,  giving  at  least  ten  days'  notice 
thereof;  to  appoint  inspectors  and  judges  of  election,  examine  the  re- 
turns, and  declare  the  result,  and  to  determine  contested  elections.  The 
president  pro  tempore  of  the  board  shall  discharge  the  duties  of  mayor, 
whenever  there  shall  be  a  vacancy  in  the  office  of  mayor,  or  when  the 
mayor  shall  be  absent  from  the  city  for  a   period  exceeding  five   days, 


755  MUNICIPAL    CORPORATION    BILL.  Act  2348,  !  320 

or  be  unable,  from  sickness,  to  attend  to  the  duties  of  hig  office.  In 
the  absence  of  the  clerk,  the  city  council  shall  appoint  one  of  their  mem- 
bers to  act  as  clerk  pro  tempore;  they  shall  also  have  power  to  set  aside 
any  amount  of  money  belonging  to  the  city  which  may  at  any  time  be 
in  the  hani^s  of  the  treasurer,  after  deducting  the  current  expenses  of 
the  city,  and  the  interest  due  upon  the  funded  debts  of  the  city,  as  a 
sinking-fund  whereby  the  bonds  issued  by  the  city  may  be  redeemed,  or 
they  may,  at  any  time  before  said  bonds  shall  become  due,  with  any 
surplus  money  which  may  belong  to  the  city,  after  paying  said  expenses 
and  interest,  redeem  or  purchase  for  the  city,  and  in  its  name,  in  tlie 
manner  most  advantageous  to  the  city,  any  outstanding  bonds,  which 
bonds  or  claims,  when  so  purchased,  shall  be  immerliately  canceled;  pr;;- 
vided,  this  right  shall  not  affect  the  rights  of  the  holders  of  said  bonds, 
or  in  any  way  prevent  them  from  holding  the  same  until  said  bonds" 
become  due  and  payable;  they  shall  also  have  the  power  to  detrrmine 
the  width  of  sidewalks,  and  the  material  and  manner  of  their  construc- 
tion, as  well  as  the  grade  of  the  same;  they  shall  also  have  the  power 
to  establish  fire  districts,  and  within  said  districts  to  prevent  the  erec- 
tion of  wooden  buildings,  or  any  buildings  composed  of  combustible 
materials,  and  also  to  prevent  the  further  repairing  of  wooden  buildings 
within  the  fire  limits  established. 

Further  powers. 

§  320.     Said  council  shall  also  have  power: 

Construction  of  sinks,  etc. 

1.  To  regulate  the  construction  of  sinks,  gutters,  wells,  cesspools  and 
privy-vaults,  and  to  compel  the  cleansing  or  emptying  of  the  same,  and 
the  time  and  manner  in  which  the  work  shall  be  done. 

Anchorage  of  vessels,  etc. 

2.  To  regulate  the  anchorage  of  vessels  within  the  limits  of  the  city, 
and  to  prevent  obstructions  to  the  free  navigation  of  all  navigable  waters 
within  the  same. 

Pollution  of  water. 

3.  To  prevent  persons  from  throwing  into  any  stream,  creek,  bay,  or 
other  body  of  water  within  the  limits  of  the  city,  from  vessels,  wharves, 
or  other  places,  any  dirt,  ballast,  ashes,  garbage,  dead  animals,  or  other 
materials  that  may  obstruct  the  same  or  pollute  the  water  thereof. 

Open  streets. 

4.  To  open  streets  to  the  channel  of  any  navigable  stream  or  creek 
within  the  limits  of  the  city,  and  to  deep  water  to  any  navigable  bay 
or  lake  within  the  same,  and  to  construct  and  maintain  public  wharves 
at  the  ends  of  such  streets. 

Regulate  location  of  boilers,  etc. 

5.  To  regulate  the  location  of  steam  boilers,  the  putting  up  of  signs 
and  awnings,  and  the  construction  of  entrances  to  basements  or  cellars 
from  the  sidewalks. 


Act  2348,  §  321  GENERAL   LAWS.  756 

License  hacks,  etc. 

6.  To  establish  hack-stands,  and  to  regulate  the  rates  of  charges  of 
hacks  and  other  licensed  vehicles,  and  to  require  a  schedule  of  such 
charges,  printed  in  conspicuous  type  and  satisfactory  to  the  council,  to 
be  posted  in  a  conspicuous  place  in  each  hack  or  other  licensed  vehicle; 
provided,  however,  that  the  standing  of  hacks  shall  not  be  permitted 
on  any  street  upon  which  railroads  operated  by  steam  shall  be  used. 

To  compel  attendance  of  absent  members. 

7.  To  compel  the  attendance  of  absent  members  of  said  council  at 
any  of  the  meetings  thereof,  and  to  cause  the  arrest  of  any  person  for 
disorderly  conduct  at  their  meetings. 

Begulate  speed  of  railway  engines. 

8.  To  regulate  the  speed  of  railway  engines  in  the  city,  and  to  require 
railroad  companies  to  station  flagmen  at  street  crossings;  to  grant  fran- 
chises permitting  steam  railroads  upon  any  of  the  streets  of  the  city; 
provided,  that  the  same  shall  only  be  granted  after  two  weeks'  notice, 
previously  published  in  some  newspaper  published  in  the  city,  and  by 
ordinance  passed  by  the  vote  of  two-thirds  of  the  members  elected  to 
said  council,  approved  by  the  mayor,  and  upon  the  previous  petition, 
in  writing,  of  the  owners  of  two-thirds  of  the  front  feet  of  the  lands 
upon  the  portion  of  the  street  to  be  so  used. 

Regulate  entrance  to  and  from  theaters,  etc. 

9.  To  regulate  the  means  of  entrance  to  and  exit  from  theaters,  lec- 
ture-rooms, public  halls,  and  churches,  and  to  prohibit  the  placing  of 
chairs,  stools,  benches,  or  other  obstructions  in  the  aisles  of  such  build- 
ing. 

Railway  companies  to  keep  certain  streets  in  repair. 

10.  To  require  railroad  companies  to  keep  the  street  in  repair  between 
the  tracks  and  along  and  within  the  distance  of  two  feet  upon  each  side 
of  the  track  occupied  by  the  company. 

License  certain  property  and  business. 

§  321.  They  shall  also  have  the  exclusive  right,  in  the  manner  pre- 
scribed by  ordinance,  of  issuing  and  granting  licenses,  and  of  collecting 
tax  licenses  for  the  benefit  of  the  city,  upon  the  following  business  and 
property,  to  wit:  Upon  each  and  every  person  within  the  limits  of  the 
city  who  shall  vend  any  goods,  wares  or  merchandise,  wines,  distilled  or 
fermented  liquors,  drugs,  medicines,  jewelry,  or  wares  of  precious  metals; 
upon  persons  who  keep  horses  or  carriages  for  rent  or  hire;  upon  per- 
sons keeping  billiard-tables  for  hire,  bowling-alleys,  and  shooting- 
galleries;  also  upon  all  taverns,  innkeepers,  and  upon  all  persons  who 
may  sell  or  dispose  of  any  malt,  spirituous  or  fermented  liquors  or  wines 
in  less  quantities  than  one  quart;  and  the  said  licenses  shall  be  issued 
quarterly  or  yearly.  Also  upon  any  person  within  the  limits  of  the  city, 
who  shall  keep  a  stallion,  jack,  bull,  or  ram,  and  who  shall  permit  the 
same  to  be  used  for  the  purpose  of  propagation  for  hire  or  profit,  which 


757  MUNICIPAL    CORPORATION    BILL.        Act  2348,  §§  322-325 

license  shall  be  a  yearly  license;  all  of  which  licenses  when  granted  by 
such  city  and  duly  obtained  by  the  person  or  persons  desiring  the  same, 
shall  entitle  them  to  carry  on  such  business,  trade,  or  profession  in  such 
city. 

Sales  and  leases  of  city  property. 

§322.  All  sales  or  leases  of  property  belonging  to  the  city  shall  be 
by  public  auction  to  the  highest  bidder,  and  upon  such  terms  and  con- 
ditions as  the  council  may  by  ordinance  direct;  and  all  contracts  for  sup- 
plies, of  any  kind,  for  more  than  five  hundred  dollars-  shall  be  let  to 
the  lowest  responsible  bidder,  after  ten  days'  notice  given  by  posting 
the  same  in  three  of  the  most  public  places  in  the  city  or  by  publishing 
the  same  in  any  newspaper  printed  and  published  in  such  city. 

Licenses. 

§  323.  Licenses  shall  be  discriminating  and  proportionate  to  the 
amount  of  business;  and  it  shall  be  the  duty  of  the  council,  by  ordinance, 
to  classify  all  kinds  of  business  licensed  in  accordance  herewith. 

Ordinances. 

§324.     The    enacting    clause    of    all    ordinances    shall    be    as    follows: 

"The    mayor    and    council    of   the    city    of   do    ordain    as    follows." 

Every  ordinance  passed  by  the  city  council  shall  be  presented  to  the 
mayor  for  his  approval;  if  he  approve  it,  he  shall  sign  it;  if  not,  he 
shall  return  it  at  the  first  meeting  of  the  council  held  after  five  days 
thereafter,  or  at  its  next  meeting;  when  the  city  council  shall  reconsider 
such  ordinance,  and  if  the  same  be  approved  by  a  vote  of  two-thirds 
of  all  the  members  elected,  and  not  otherwise,  the  same  shall  take  effect 
and  stand  as  an  ordinance  of  such  city.  All  ordinances  shall  be  pub- 
lished for  one  week  in  a  newspaper  printed  and  published  in  such  city, 
as  often  during  such  period  as  such  newspaper  shall  be  published. 

Fixing  rate  of  taxation. 

§  325.  The  council  shall,  upon  the  first  Monday  of  October,  in  each 
year,  fix  the  rate  of  taxation  to  be  levied  upon  all  property,  both  real 
and  personal,  in  said  municipality  necessary  to  raise  sufficient  revenue 
to  carry  on  the  various  departments  of  the  city  government  for  the 
then  ensuing  year,  not  to  exceed  one  dollar  for  each  one  hundred  dol- 
lars upon  the  assessment-roll,  and  to  pay  the  bonded  and  other  indebted- 
ness of  said  city.  The  said  council  must,  upon  fixing  said  amount, 
transmit  a  statement  thereof  to  the  county  auditor.  The  action  of  the 
city  council  in  fixing  the  rate  of  taxation  for  city  purposes  is  a  valid 
levy  of  the  rate  so  fixed  upon  all  property,  both  real  and  personal,  in 
the  said  city,  and  borne  upon  the  asse.«sment-roll  of  said  county,  and 
has  the  effect  provided  in  sections  3716,  3717,  and  3718  of  the- Political 
Code,  in  regard  to  state  and  county  taxes.  The  county  auditor  shall 
thereupon  compute  and  enter,  in  a  separate  money  column  in  the  assess- 
ment-book, the  respective  sums,  in  dollars  and  cents,  rejecting  the 
fractions  of  a  cent,  to  be  paid  as  a  tax  on  the  property  therein  enumer- 
ated, for  the  purposes  of  such  city  government,  and  foot  up  the  column, 


Act  2348,  §§  326-329  GENERAL    LAWS.  758 

showing  the  total  amount  of  such  taxes.  The  taxes  so  levied  and  com- 
puted shall  be  collected  at  the  same  time  and'  in  the  same  manner  as 
state  and  county  taxes;  and  when  collected,  shall  be  paid  into  the 
county  treasury  for  the  use  of  said  city;  provided,  that  any  property 
sold  for  such  taxes  shall  be  subject  to  redemption  within  the  time  and 
in  the  manner  provided,  or  that  may  hereafter  be  provided  by  law,  for 
the  redemption  of  property  sold  for  state  or  county  taxes.  All  deeds 
made  upon  any  sale  of  property  for  taxes  or  special  assessments,  under 
the  provisions  of  this  chapter,  shall  have  the  same  force  and  effect  in 
evidence  as  is  of  may  hereafter  be  provided  by  law  for  deeds  for  prop- 
erty sold  for  nonpayment  of  state  or  county  taxes.  The  county  treasvirer 
must,  at  any  time  upon  the  demand  of  the  city  treasurer  and  mayor, 
settle  with  the  city  treasurer,  and  pay  over  to  him  all  moneys  in  the 
county  treasury  belonging  to  such  city,  taking  the  receipt  of  the  mayor 
and  city  treasurer  therefor.  The  county  treasurer  shall  receive,  as 
compensation  for  all  services  rendered  under  this  section  as  tax  col- 
lector and  treasurer,  one-third  of  one  per  cent  of  all  moneys  collected 
and  paid  over  to  the  city  treasurer,  but  not  to  exceed  in  all  one  thou- 
sand dollars  per  annum.  The  county  treasurer  and  tax  collector  shall 
be  liable  on  his  official  bond  for  all  moneys  received  by  him  under  the 
provisions  of  this  section. 

Vote  by  yeas  and  nays  in  certain  cases. 

§  326.  In  all  matters  before  the  city  council  concerning  the  grant- 
ing of  franchises,  letting  of  contracts,  auditing  of  bills,  ordering  of 
work  to  be  done  or  supplies  to  be  furnished,  or  whatever  may  involve 
the  payment  of  money,  or  incurring  of  debt  by  the  city,  the  vote  shall 
be  by  yeas  and  nays,  and  be  recorded  in  the  journal. 

Restriction  on  members. 

§  327.  No  member  of  the  city  council  shall  vote  in  the  council  upon 
any  motion,  resolution,  or  ordinance,  in  favor  of  any  franchise,  con- 
tract, bill,  award,  or  appropriation,  in  which  he  may  have  any  pecuniary 
interest,  present  or  prospective. 

Debts, 

§  328.  The  city  council  shall  not  create,  allow  or  permit  to  accrue 
any  debt  or  liability  in  excess  of  the  available  money  in  the  treasury  that 
may  be  legally  apportioned  and  appropriated  for  such  purposes;  nor 
shall  any  warrant  be  drawn  or  evidence  of  indebtedness  be  issued, 
unless  there  be  at  the  time  sufficient  money  in  the  treasury  legally 
applicable  to  the  payment  of  the  same,  except  as  hereinafter  provided. 

Debt,  how  incurred  and  paid. 

§  329.  .  If,  at  any  time,  the  city  council  shall  deem  it  necessary  to 
incur  any  indebtedness  in  excess  of  the  money  in  the  treasury  applicable 
to  the  purpose  for  which  such  indebtedness  is  to  be  incurred,  they  shall 
give  notice  of  a  special  election  by  the  qualified  electors  of  the  city, 
to  be  held  to  determine  whether  such  indebtedness  shall  be  incurred. 
Such   notice   shall  specify   the   amount  of   indebtedness  proposed  to   be 


759  MUNICIPAL   CORPORATION  BILL.     Act  2348,  §§  330-332 

incurred,  the  purpose  or  purposes  of  the  same,  and  the  amount  of  money 
necessary  to  be  raised  annually  by  taxation  for  an  interest  and  sinking 
fund,  as  hereinafter  provided.  Such  notice  shall  be  published  for  at 
least  three  weeks  in  some  newspaper  published  in  such  city,  as  often 
during  said  period  as  said  newspaper  shall  be  published;  and  no  other 
question  or  matter  shall  be  submitted  to  the  electors  at  such  election. 
If,  upon  a  canvass  of  the  votes  cast  at  such  election,  it  appear  that  not 
less  than  two-thirds  of  all  the  qualified  electors  voting  at  such  election 
shall  have  voted  in  favor  of  incurring  such  indebtedness,  it  shall  be 
the  duty  of  the  city  council  to  pass  an  ordinance  providing  for  the 
mode  of  creating  such  indebtedness,  and  of  paying  the  same;  and  an 
annual  tax  shall  be  levied  and  collected  upon  ail  the  real  and  personal 
property  subject  to  taxation  within  such  city,  sufficient  to  pay  the 
interest  on  such  indebtedness  as  it  falls  due;  and  also  to  constitute  a 
sinking  fund  for  the  payment  of  the  principal  thereof,  within  a  period 
of  not  more  than  twenty  years  from  the  time  of  contracting  the  same. 
It  shall  be  the  duty  of  the  city  council,  in  each  year  thereafter,  at  the 
time  at  which  other  taxes  are  levied,  to  levy  a  tax  sufficient  for  such 
purpose,  in  addition  to  the  taxes  by  this  chapter  authorized  to  be  levied. 
Such  tax,  when  collected,  shall  be  exclusively  appropriated  to  the  pay- 
ment of  the  principal  and  interest  of  such  indebtedness,  and  the  city 
treasurer  shall  be  liable  upon  his  official  bond  for  any  part  of  said 
fund   otherwise  used   or   appropriated. 

Separate   fund. 

§  330.  It  shall  be  the  duty  of  the  city  council  before  levying  the 
annual  city  tax,  to  establish,  by  ordinance,  separate  funds,  representing 
the  several  funded  obligations  of  the  city,  if  any,  and  the  several 
departments  requiring  municipal  expenditures,  including  a  general  fund, 
and  the  percentage  of  said  levy  shall  be  named  for  each  fund,  and  the 
whole  amount  of  taxes  and  revenues  of  the  city  apportioned  accordingly, 
and  no  transfer  shall  be  made  except  of  balances  in  excess,  or  from  the 
general  fund  to  meet  deficiencies,  or  to  provide  for  the  redemption  of 
city  bonds. 

Bonded  indebtedness,  how  paid. 

§  331.  Any  city  having  a  bonded  indebtedness,  contracted,  under 
laws  heretofore  passed,  shall  levy  such  taxes  for  the  payment  of  such 
indebtedness,  and  the  interest  thereon,  as  are  provided  for  in  such 
laws,  in  addition  to  the  taxes  herein  authorized  to  be  levied.  All 
moneys  received  from  licenses,  and  from  fines,  penalties,  and  for  for- 
feitures, shall  be  paid  into  the  general  fund. 

Opening  new  streets. 

§  332.  The  city  council  shall  have  power,  upon  the  payment  of  just 
compensation,  to  lay  out  and  open  new  streets,  lanes,  alleys,  courts,  and 
places  within  the  corporate  limits  of  the  city,  but  shall  have  no  power 
to  subject  the  city  to  any  expense  therefor,  except  for  the  necessary 
expense  of  surveying  and  mapping  out  the  same,  and  when  said  streets 


Act  2348,  §§  333-337  GENERAL  LAWS.  760 

are    so    laid    out    and   opened,    the    provisions    of    this    chapter   shall    be 
applicable  thereto. 

License  on  common  carriers. 

§  333.  The  city  council  of  said  city  shall  have  power  to  issue  and 
collect  an  annual  tax  license  on  diaymen,  cabmen,  omnibus  proprietors, 
expressmen,  and  other  common  carriers  doing  business  in  the  city,  the 
proceeds  of  said  licenses  to  be  devoted  to  a  street-  department  fund  for 
keeping  in  repair  the  streets  in  the  city.  Said  annual  license  not  to 
be  more  than  twelve  dollars  nor  less  than  eight  dollars  for  such  persona 
so   licensed. 

Wideaiing  streets. 

§  334.  The  city  council  is  empowered  to  open,  extend,  and  widen 
streets,  and  to  modify  the  boundaries  thereof  within  its  corporate  limits, 
and  to  determine  the  property  benefited  thereby,  and  to  assess  the  ex- 
penses of  such  improvement  upon  the  property  benefited,  as  hereinafter 
provided. 

Proceedings,  how  commenced. 

§  335.  All  proceedings  under  said  power  shall  be  commenced  by 
petition  of  five  or  more  residents  and  freeholders  within  the  city,  signed 
by  the  petitioners,  addressed  to  the  city  council,  and  filed  with  the 
clerk  of  said   council.     Such   petition  shall   contain: 

1.  The  names  of  the  petitioners,  and  a  statement  that  each  of  the 
petitioners  is  a  resident  and  freeholder  within  the  city; 

2.  A  statement  that,  in  the  opinion  of  the  petitioners,  the  public  inter- 
ests require  that  the  improvement  asked  for  (describing  it  generally) 
should  be  made; 

3.  A  request  that  the  common  council  proceed  to  order  the  improve- 
ment made. 

Duty  of  council. 

§  336.  At  the  regular  meeting  next  after  the  meeting  at  which  the 
petition  is  presented  to  the  council,  or  at  any  subsequent  meeting  to 
which  the  proceedings  may  be  regularly  adjourned,  the  said  council 
may,  by  resolution  duly  passed,  determine  the  lands  to  be  benefited  by 
the  improvement  asked  for  in  the  petition,  and  to  be  assessed  for  the 
expenses  thereof.  Said  resolution  shall  contain  a  description  of  each 
lot,  piece,  or  parcel  of  land  necessary  to  be  taken  and  condemned  for 
such  improvement,  and  shall  also  specify  the  exterior  boundaries  of 
the  district  of  land  benefited  thereby,  and  to  be  assessed  therefor,  and 
shall  direct  the  city  engineer  to  make  a  survey  and  map  of  the  lands 
described  in  the  resolution,  a  copy  of  which  resolution  shall  be  forth- 
with transmitted  by  the  clerk  of  said  council  to  the  said  city  engineer. 

Duty  of  city  engineer. 

§  337.  It  shall  be  the  duty  of  the  city  engineer,  immediately  upon 
receiving  a  copy  of  the  resolution  mentioned  in  section  4,  to  survey 
the  lands  described  in  said  resolution  and  make  a  map  thereof,  and  to 


;6i  MUNICIPAL    CORPORATION   BILL.     Act  2348,  §§  338-340 

return  said  map  to  said  council  within  twenty  (20)  days  from  the 
receipt  by  him  of  said  copy  of  the  resolution;  said  map  shall  sliow  each 
piece,  tract,  or  parcel  of  land  necessary  to  be  taken  and  condemned  for 
said  improvement,  and  also  the  exterior  boundaries  of  the  district  to  be 
benefited  by  such  improvement  and  to  be  assessed  on  account  of  the 
cost  and  expenses  thereof,  as  declared  in  the  resolution,  and  the  area 
thereof,  exclusive  of  public  streets  and  alleys.  Said  city  engineer  shall 
have  the  right  to  enter  upon  the  lands  and  make  examinations  and  sur- 
veys thereof,  and  such  entry  shall  constitute  no  cause  of  action  in 
favor  of  the  owners  of  said  lands,  except  for  injuries  resulting  from 
negligence,  wantonness,  or  malice. 

Preliminary  resolution. 

§  338.  The  council,  at  its  regular  meeting  next  after  the  return  of 
the  map  by  the  city  engineer,  shall  pass  a  preliminary  resolution,  declar- 
ing the  intention  of  the  corporation  to  make  the  improvement  asked  for 
in  the  petition.  Said  resolution  shall  contain  a  description  of  each 
piece,  lot,  or  tract  of  land  necessary  and  sought  to  be  taken  and  con- 
demned for  the  improvement,  and  also  the  exterior  boundaries  of  the 
district  of  lands  to  be  benefited  thereby,  and  assessed  for  the  expenses 
thereof;  the  resolution  shall  also  specify  a  time,  not  more  than  fifteen 
(15)  days  from  the  passage  thereof,  for  the  hearing  by  said  council  of 
objections  to  the  proposed  improvement,  and  said  resolution  shall  be 
published  in  at  least  one  daily  paper  printed  and  circulated  in  the  city, 
daily  (Sundays  and  nonjudicial  days  excepted),  for  at  least  ten  (10) 
days  prior  to  the  time  fixed  for  said  hearing. 

Objections. 

§  339.  If  a  majority  of  the  owners  of  the  lands  in  area  to  be  assessed 
for  the  expenses  of  said  improvement  shall,  on  or  before  the  day  fixed 
by  eaid  resolution  for  the  hearing  of  objections,  appear  and  protest 
against  said  improvement,  the  proceedings  shall  be  discontinued;  pro- 
vided, however,  that  such  protest  must  be  in  writing,  and  shall  contain 
a  description  of  the  land  claimed  by  each  protestant;  and  provided 
further,  that  the  council  may,  by  a  unanimous  vote  of  all  its  members, 
approved  by  the  mayor,  proceed  to  cause  such  improvement  to  be  made, 
notwithstanding   such   protest. 

Final  resolution. 

§  340.  If  the  owners  of  a  majority  in  area  of  the  property  to  be 
assessed  for  the  expenses  of  said  improvement  fail  to  appear  and  pro- 
test as  provided  in  section  7,  or  if  the  council,  by  a  unanimous  vote, 
approved  by  the  maj-or,  order  said  improvement  to  be  made,  said 
council  must  immediately  pass  a  final  resolution,  declaring  such  deter- 
mination. Such  resolution  shall  refer  to  the  said  preliminary  resolu- 
tion, by  its  number,  for  a  description  of  the  lands  necessary  and  sought 
to  be  taken  and  condemned  for  said  improvement,  and  the  district  to 
be  assessed  for  the  expenses  thereof. 


Act  2348,  §§  341-344  GENERAL  LAWS.  762 

Commissioners  to  assess  damages, 

§  341.  Immediately  after  the  passage  of  such  final  resolution,  the 
council  shall  apply  to  the  superior  court  of  the  county  in  which  such 
city  is  situated,  either  in  term  time  or  vacation,  by  petition,  for  the 
appointing  of  three  commissioners  to  assess  the  compensation  which  shall 
be  paid  to  the  owners  thereof  for  the  lands  sought  to  be  taken  for  such 
improvement,  and  to  assess  upon  the  property  within  the  district  to  be 
benefited  thereby  the  costs  of  such  improvement.  Said  petition  shall 
recite  all  the  proceedings  had  in  the  premises,  and  shall  specify  the 
exterior  boundaries  of  the  lands  sought  to  be  taken,  and  also  the  exterior 
boundaries  of  the  district  of  lands  to  be  benefited  thereby,  and  assessed 
for  the  expenses  thereof.  A  copy  of  the  map  made  by  the  city  engineer 
shall  be  annexed  to  said  petition,  and  may  be  referred  to  in  the  petition 
for  a  description  of  the  lands  aforesaid. 

Duty  of  court. 

§  342.  Upon  filing  such  petition,  such  court  shall  pass  and  take  such 
jurisdiction  of  such  proceeding,  and  such  court,  or  a  judge  thereof,  shall, 
by  order,  fix  a  day  for  the  hearing  of  such  petition,  which  shall  be  not 
less  than  ten,  nor  more  than  twenty  days  from  the  date  of  such  order. 
Such  order  shall  further  direct  notice  of  the  time  and  place  of  such 
hearing  to  be  given  by  the  clerk  by  publication  in  two  daily  newspapers 
published  in  such  city,  and  designated  in  such  order,  for  at  least  a 
period  of  ten  days  in  succession. 

Requisites  of  notice. 

§  343.  Such  notice  shall  specify  the  exterior  boundaries  of  the  lands 
sought  to  be  taken  for  such  improvement,  and  of  the  lauds  declared 
to  be  profited  thereby  and  to  be  assessed  for  the  expenses  thereof,  and 
shall  further  state  that  the  damages  to  which  the  owner  or  owners  of 
the  land  sought  to  be  taken  may  be  entitled  for  the  same  will  be 
inquired  into  and  determined,  and  that  such  damages,  together  with 
the  cost  of  the  proceedings  for  the  acquiring  title  to  such  lands,  and 
making  apportionment  thereof,  will  be  apportioned  and  assessed  upon 
the  lands  to  be  benefited  thereby,  by  commissioners  to  be  appointed  by 
such  court,  on  the  day  fixed  by  such  order  for  the  hearing.  Such  notice 
shall  be  published  daily  for  at  least  ten  days  (Sundays  and  nonjudicial 
days  excepted)  before  such  hearing. 

Hearing. 

§  344.  At  the  tim.e  fixed  for  the  hearing,  or  at  such  other  time  as  the 
hearing  may  be  adjourned  to,  the  court  shall  proceed  to  hear  any  per- 
son interested  touching  the  regularity  of  the  proceedings,  and  if  satis- 
fied that  the  proceedings  have  been  regular,  shall  appoint  three  com- 
petent and  disinterested  commissioners.  The  court  may,  at  any  time, 
remove  any  or  all  such  commissioners  for  cause,  upon  reasonable  notice 
and  hearing,  and  may  fill  the  vacancies  occurring  among  them  from 
any  cause.  Any  persons  interested  may  object  to  the  appointment  of 
any  person   as   commissioner,   on   one   or   more   of   the  grounds   specified 


763  MUNICIPAL   CORPORATION  BILL.     Act  2348,  §§  345,  3 10 

in  section  641   of   the  Code  of  Civil  Procedure,  as  grounds  for  the   ob- 
jection to  the  appointment  of  persons  as  referees. 

Duty  of  commissioners. 

§345.  Commissioners  shall  be  sworn  to  faitlifully  perform  their 
duties  according  to  the  provisions  of  this  chapter.  They  shall  then 
proceed  to  view  the  lands  mentioned  and  described  in  such  resolution 
and  petition,  and  may  examine  witnesses  on  oath,  to  be  administered 
by  any  one  of  them,  and  shall  keep  minutes  of  the  testimony  so  taken; 
they  shall  ascertain  and  appraise  the  value  of  the  property  sought  to 
be  taken  for  the  improvements,  and  of  all  improvements  thereon  par- 
taking of  the  realty,  and  of  each  and  every  estate  therein;  if  it  con- 
sist of  different  parcels,  the  value  of  each  parcel  and  each  estate,  or 
interest  therein,  shall  be  separately  appraised;  if  this  property  sought 
to  be  taken  constitutes  only  a  part  of  a  larger  parcel,  the  damages  which 
will  accrue  to  the  portion  not  sought  to  be  condemned  or  taken,  by 
reason  of  the  severance  from  the  portion  sought  to  be  taken,  and  the 
construction  of  the  improvement  in  the  manner  proposed  shall  be  ap- 
praised by  said  commissioners;  they  shall  also  ascertain  and  determine, 
as  near  as  may  be,  the  entire  costs  of  the  proceedings  for  the  opening, 
extension,  or  improvement  aforesaid,  including  the  costs  of  court  and  of 
commissioners;  they  shall  then  proceed  to  apportion  and  assess  the  whole 
amount  of  such  costs  and  expenses,  value  of  property  sought  to  be 
taken,  and  damages  to  property  not  taken,  upon  the  property  within 
the  district  declared  by  the  resolution  of  the  council  to  be  benefited  by 
said  improvement,  and  shall  assess  each  tract,  lot,  piece,  or  parcel  of 
land  within  said  district  in  proportion  to  the  benefits  received  by  it 
from  said  improvement. 

Report. 

§  346.  The  said  commissioners,  within  a  time  to  be  fixed  by  the  court, 
shall  make  a  report  of  their  proceedings,  under  their  hands,  or  the  hands 
of  a  majority  of  them,  to  the  said  court,  in  which  report  they  shall 
describe,  with  common  certainty,  the  several  parcels  of  land  sought  to 
be  taken  for  such  improvement,  and  the  names  of  the  owners  thereof, 
respectively,  so  far  as  they  can  be  ascertained,  designating  unknown 
owners,  if  any  such  there  be,  and  the  sum  of  money  which  should  be 
paid  to  each  of  said  owners,  as  his  or  her  compensation  for  the  land 
necessary  and  sought  to  be  taken  and  condemned  for  such  improvement, 
or  of  his  or  her  estate,  therein;  and  in  case  only  a  part  of  a  larger 
parcel  has  been  taken  for  such  improvement,  and  the  remaining  portion 
is  damaged  or  benefited  thereby,  they  shall  describe  such  remaining 
portion,  and  specify  the  sum  to  be  paid  or  assessed  to  the  owner  thereof, 
or  such  damages  or  benefits  as  the  case  may  be;  they  shall  also  describe, 
with  common  certainty,  the  several  parcels  of  land  within  the  district 
deemed  to  be  benefited  by  said  improvement,  and  the  names  of  the 
owners  thereof,  so  far  as  they  can  be  ascertained,  designating  unknown 
owners,  if  such  there  be,  and  the  sum  of  money  which  is  assessed  upon 
each  particular  parcel,  and  which  should  be  paid  by  the  owner  thereof. 


Act  2348,  §§  347-351  WENERAL    LAWS.  7G4 

Objections. 

§  347.  Upon  the  filing  of  such  report,  the  said  court  shall,  by  order, 
fix  a  day  for  hearing  objections  to  the  confirmation  thereof,  and  shall 
direct  notice  of  the  time  and  place  of  said  hearing  to  be  given  by  the 
clerk,  by  publication  in  a  daily  newspaper  published  in  said  city,  for 
at  least  ten  days  (Sundays  and  nonjudicial  days  excepted),  prior  to 
said  day  of  hearing. 

Hearing  report. 

§  348.  Upon  the  day  fixed  for  the  hearing,  the  court  shall  proceed  to 
hear  any  person  interested  upon  any  question  touching  the  regularity  of 
the  proceedings,  the  sufficiency  of  the  compensation  awarded,  or  the  jus 
tice  or  equality  of  the  assessment,  and  may  confirm  said  report  or  set 
the  same  aside,  or  remand  the  same  for  correction  or  alteration  in  any 
particular.  If  the  report  be  set  aside,  the  matter  may  in  like  manner 
be  referred  to  the  same  or  new  commissioners  appointed  by  the  court, 
who  shall  proceed  as  hereinbefore  provided;  if  the  report  be  remanded, 
it  shall  be  corrected,  or  altered  in  any  particular  required  by  the  court. 

Compensation  of  commissioners. 

§  349.  The  commissioners  shall  be  entitled  to  reasonable  compensa- 
tion for  their  services,  to  be  certified  to  by  the  court,  and  taxed  as 
part  of  the  expenses  of  the  proceeding. 

Judgment,  what  to  contain. 

§  350.  Upon  confirmation  of  the  report  of  the  commissioners,  judg- 
ment shall  be  rendered  by  the  court  thereon,  which  judgment  must  de- 
scribe each  parcel  of  land  taken  for  such  improvement,  and  the  amount 
to  which  the  owner  is  entitled  as  compensation  or  damages  for  the  tak- 
ing thereof,  and  the  name  of  such  owner  or  owners,  if  known;  and  in 
case  only  a  portion  of  a  larger  parcel  is  taken,  such  judgment  must 
describe  such  remaining  portion,  and  the  amount,  if  anything,  to  which 
the  owner  thereof  is  entitled  as  damages;  and  must  also  describe  each 
parcel  of  land  assessed  for  the  expenses  of  such  improvement,  and  the 
amount  so  assessed  upon  each  parcel  respectively.  Such  judgment  shall 
direct  a  sale  of  each  parcel  so  assessed,  or  so  much  thereof  as  may  be 
necessary  to  pay  the  amount  of  such  assessment  and  expenses  of  sale, 
and  the  application  of  the  proceeds  of  such  sale  to  the  payment  of  the 
expenses  of  such  sale,  and  the  amount  of  compensation  and  damages 
awarded  by  such  judgment.  Such  judgment  shall  be  a  lien  upon  the 
property  against  which  such  assessment  is  made,  and  may  be  enforced 
by  a  sale  of  the  property  assessed,  as  hereinafter  provided. 

Enforcem-ent  of  judgment. 

§351.  Within  thirty  days  after  the  entry  of  such  judgment,  the  per- 
sons liable  must  pay  to  the  clerk  of  the  court,  for  the  benefit  of  the  par- 
ties entitled  thereto,  the  several  amounts  specified  in  such  judgment,  in 
default  of  which  the  respective  parcels  of  land  upon  which  such  assess- 
ments have  not  been  paid  shall  be  sold  by  the  sheriff  of  such  county 
under  a  certified   copy  of   such  judgment,  and  in   the   manner   provided 


7G5  MUNICIPAL    CORrORATION    BILL.     Act  2348,  §§  352-358 

by   law   for   the   sale   of   property   upon   decree    of   foreclosure   of   mort- 
gage. 

Money,  to  whom  paid. 

§  352.  The  moueys  realized  from  such  sale  shall  be  paid  by  the  officer 
makiug  the  same,  to  the  clerk  of  the  court,  for  the  benefit  of  the  parties 
entitled  thereto. 

Final  order. 

§  353.  Whenever  the  aggregate  amount  of  damages  or  compensation 
awarded  by  such  judgment  shall  have  been  paid  to  the  clerk,  either  by 
voluntary  payment  or  as  moneys  realized  from  sales  under  such  judg- 
ment, the  court  must  make  and  enter  a  final  order  or  decree  of  condem- 
nation of  the  lands  taken  for  such  improvement,  which  order  or  decree 
shall  describe  the  property  condemned  and  the  purpose  of  such  con- 
demnation. 

When  title  vests. 

§354.  A  copy  of  such  order  or  decree  must  be  filed  in  the  ofiice  of 
the  recorder  of  such  county,  and  thereupon,  the  property  described  therein 
shall  vest  in  such  city  for  the  uses  and  purposes  therein  specified;  and 
such  city  shall  be  entitled  to  and  may  take  immediate  possession  thereof. 

Payment  of  awards. 

§  355.  Whenever  the  aggregate  amount  of  damages  or  compensation 
awarded  by  such  judgment  shall  have  come  to  the  hands  of  the  clerk, 
he  shall,'  upon  the  demand  of  any  person  entitled  thereto,  pay  to  said 
party  the  amount  awarded  to  him  or  her  by  said  judgment. 

Where  more  than  one  claimant. 

§  356.  If  there  is  more  than  one  claimant  to  any  parcel  of  land  taken 
for  such  improvement,  or  if  the  owner  of  any  parcel  is  unknown,  the 
amount  awarded  as  damages  or  compensation  for  the  taking  thereof 
shall  remain  in  court  to  be  awarded  to  the  true  owner  by  due  process 
of  law. 

Appeal. 

§  357.  Any  party  feeling  aggrieved  by  any  proceedings,  orders,  or 
judgments  of  such  court  herein  provided  for  may  appeal  to  the  supreme 
court,  as  in  other  cases. 

Appointment   of  police. 

§  358.  The  city  council  shall  not  have  power  to  appoint  a  greater 
number  of  policemen  than  shall  be  equal  to  one  for  every  one  thousand 
of  the  population  of  such  city.  No  policeman  or  member  of  the  fire 
department  shall  be  removed  from  office  except  upon  the  order  and  di- 
rection of  the  mayor,  and  after  charges  in  writing  have  been  made 
against  him,  and  evidence  upon  the  same  shall  have  been  heard  in  pub- 
lic in  the  mode  and  manner  to  be  prescribed  by  ordinance. 


Act  2348,  §§  359-372  GENERAL  LAWS.  766 

Supply  of  gas  and  water. 

§  359.  All  gas  and  water  pipes  laid  in  any  paved,  maoadamized,  or 
graded  street  must  be  of  sufficient  capacity  to  afford  a  free  supply  of  gas 
or  water  for  the  estimated  necessities  of  such  street,  and  the  district 
to  be  supplied  bj^  such  pipes,  for  a  period  of  not  less  than  five  years 
from  the  time  of  laying  the  same;  which  estimate  of  necessity  and 
capacity  shall  be  made  by  the  city  engineer,  and  approved  by  the  coun- 
cil. It  shall  be  the  duty  of  the  council,  by  ordinance,  to  prescribe  regu- 
lations for  the  laying  of  gas  and  water  pipes  in  the  public  streets. 

Article  IV. — Executive  Department. 
Duty  of  mayor. 

§370.  The  mayor  shall  preside  at  all  meetings  of  the  city  council, 
but  the  council  shall  elect  a  president  pro  tempore  to  preside  during  his 
absence.  He  shall  communicate  to  the  council  semi-annually,  or  oftener 
if  necessary  a  general  statement  of  the  situation  and  condition  of  the 
city,  together  with  such  recommendations  relative  thereto  as  he  may 
deem  expedient.  He  shall  be  vigilant  and  active  in  causing  the  ordi- 
nances of  the  city  to  be  executed  and  enforced.  He  shall  be  the  head 
of  police,  and  shall  exercise  a  supervision  and  control  over  the  conduct 
of  all  subordinate  officers,  and  receive  and  examine  into  all  complaints 
preferred  against  any  of  them  for  violation  or  neglect  of  duty,  and 
certify  the  same  to  the  council.  He  shall  sign  all  ordinances  and  con- 
tracts made  on  behalf  of  the  city,  and  countersign  all  licenses  and 
warrants  on  the  treasury.  He  shall  keep  accounts  current  with  every 
officer  charged  with  the  receipt  or  disbursement  of  money,  and  perform 
all  the  duties  of  an  auditor.  He  shall  perform  such  other  duties  as  may 
be  prescribed  by  law  or  ordinance. 

Allowance  of  demands. 

§  371.  Every  demand  upon  the  treasury,  except  for  the  salary  of  the 
mayor,  must,  before  it  can  be  paid,  be  presented  to  the  mayor,  to  be 
allowed,  who  shall  satisfy  himself  whether  the  money  is  legally  due  and 
remains  unpaid,  and  w^hether  the  payment  thereof  from  the  treasury 
of  the  city  is  authorized  by  law,  and  out  of  what  fund.  If  he  allow  it, 
he  shall  indorse  upon  it  the  word  "Allowed,"  with  the  name  of  the  fund 
out  of  which  it  is  payable,  with  the  date  of  such  allowance,  and  sign 
his  name  thereto;  but  the  allowance  or  approval  of  the  mayor,  or  of  the 
city  council,  or  of  any  other  board  or  officer,  of  any  demand  which  upon 
the  face  of  it  appears  not  to  have  been  expressly  made  by  law  payable 
out  of  the  treasury  or  fund  to  be  charged  therewith,  shall  afford  no 
warrant  to  the  treasurer  or  other  disbursing  officer  for  paying  the  same. 
The  demand  of  the  mayor  for  his  salary  shall  be  audited  and  allowed 
by  the  president  pro  tempore  of  the  city  council. 

Duty  of  chief  of  police. 

§  372.  The  chief  of  police  shall  execute,  within  the  city,  and  return 
all  process  issued  and  directed  to  him  by  the  city  justices,  or  either  of 
them,  arrest  all  persons  guilty  of  a  breach  of  the  peace,  or  of  a  viola- 


767  MUNICIPAL  CORPORATION  BILL.     Act  2348,  §§  373-376 

tion  of  any  ordinance  of  the  council,  and  take  them  before  the  proper 
magistrate  within  the  city;  and  do  and  perform  such  other  duties  as  may 
be  prescribed  by  ordinance  or  may  be  required  by  the  mayor. 

Effect  of  records  of  street  superintendent. 

§  373.  The  records  kept  by  the  street  superintendent  of  the  city,  and 
signed  by  him.  shall  have  the  same  force  and  effoct  as  other  public 
records,  and  copies  therefrom,  duly  certified,  may  be  used  in  evidence 
with  the  same  effect  as  the  originals.  The  said  records  shall,  during  all 
office  hours,  be  open  to  the  inspection  of  any  citizen  wighing  to  examine 
them,  free  of  charge. 

OfiRce  of  street  superintendent. 

§  374.  The  street  superintendent  shall  keep  a  public  office  in  some 
convenient  place  to  be  designated  by  the  city  council,  and  such  records 
as  may  be  required  by  law.  He  shall  superintend  and  direct  the  clean- 
ing of  all  the  sewers  in  the  public  streets,  and  the  expense  of  the  same 
shall  be  paid  out  of  the  street  department  fund,  and  perform  all  duties 
required  hy  law  or  ordinance  of  such  city. 

Duty  of  street  superintendent. 

§  375.  It  shall  be  the  duty  of  the  street  superintendent  to  see  that 
the  laws,  orders,  and  regulations  relating  to  the  public  streets  and  high- 
ways are  fullj'  carried  into  execution,  and  that  the  penalties  therefor 
are  regularly  enforced.  He  shall  keep  himself  informed  of  the  condi- 
tion of  all  public  streets  and  highways,  and  also  of  all  public  buildings, 
parks,  lots,  and  ground  of  the  city,  as  may  be  prescribed  by  the  council; 
and  should  he  fail  to  see  the  laws,  orders,  and  regulations  relative  to 
the  public  streets  and  highways  carried  into  execution,  after  notice  from 
any  citizen  of  a  violation  thereof,  he  and  his  sureties  shall  be  liable 
upon  his  official  bond  to  any  person  injured  in  person  or  property  in 
consequence  of  such  neglect. 

No  recourse  on  city  for  certain  damages. 

§  376.  If,  in  consequence  of  any  graded  street  or  public  highway,  im- 
proved under  the  provisions  of  this  chapter,  being  out  of  repair,  and  in 
a  condition  to  endanger  persons  or  animals  passing  therein,  any  person 
while  carefully  using  such  street  or  public  highway,  and  exercising  ordi- 
nary care  to  avoid  such  danger,  suffer  damage  to  his  person,  or  if  any 
animals  or  other  property,  being  lawfully  ridden,  driven,  or  conveyed 
through  such  street  or  public  highway,  be  injured,  lost,  or  destroyed 
through  any  such  defect  therein,  no  recourse  for  damages  thus  suffered 
shall  be  had  against  the  city;  but  if  such  defect  in  such  street  or  public 
highway  shall  have  existed  for  a  period  of  twenty-four  hours  or  more 
after  notice  to  the  street  superintendent,  then  the  street  superintendent, 
and  also  all  other  officers  through  whose  official  negligence  sucli  defect 
shall  have  remained  unrepaired,  shall  jointly  and  severally  be  liable  to 
the  party  injured  for  the  damages  so  sustained. 


Act  2348.  §§  377-391  GENERAL  LAWS.  768 

City  engineer,  appointment  of,  and  duties. 

§  377.  The  city  council  shall  have  power  to  appoint  a  city  engineer, 
and  by  ordinance  to  prescribe  his  duties  and  fix  his  compensation,  not 
to  exceed  eighteen  hundred  dollars  per  annum.  It  shall  be  the  duty  of 
the  city  engineer  to  do  the  surveying  and  other  work  necessary  to  be 
done  by  law  or  any  ordinance  of  said  city,  and  to  survey,  measure,  and 
estimate  the  work  done  and  to  be  done  under  contracts  for  grading 
streets;  and  every  certificate  of  work  done  by  him,  signed  in  his  offi- 
cial capacity,  shall  be  prima  facie  evidence  in  all  the  courts  of  this 
state  of  the  truth  of  its  contents;  he  shall  also  keep  a  record  of  all 
surveys  made  by  him. 

Duties  of  treasurer. 

§  378.  The  treasurer  shall  receive  and  pay  out  all  moneys  belonging 
to  the  city,  and  keep  an  account  of  all  receipts  and  expenditures,  under 
such  regulations  as  may  be  prescribed  by  ordinance;  he  shall  make  a 
monthly  statement  to  the  council  of  the  receipts  and  expenditures  of 
the  preceding  month,  and  in  his  capacity  as  city  clerk  he  shall  keep 
all  the  papers  and  documents  belonging  to  the  city,  attend  the  meetings 
of  the  council,  and  keep  a  journal  of  their  proceedings,  and  a  record  of 
all  their  ordinances,  and  shall  do  all  other  things  required  of  him  by 
ordinances. 

Reports  of  officers. 

§379.  It  shall  be  the  duty  of  the  several  elected  and  appointed  offi- 
cers of  said  city,  whenever  required  by  the  city  council,  to  make  re- 
ports, to  the  said  council,  and  in  the  manner  required  of  them,  and  in 
their  reports  to  embody  all  the  matters  and  information  required  per- 
taining to  the  duties  of  their  respective  offices. 

Other  necessary  affairs. 

§  380.  The  city  council  may  provide  by  ordinance  for  the  election 
or  appointment  of  any  other  officer  or  officers  necessary  for  the  good  gov- 
ernment of  the  city,  and  the  proper  administration  of  the  pulilic  inter- 
est, and  shall  prescribe  their  duties  and  terms  of  office,  and  fix  their 
compensation. 

Article  V. — Judicial  Department. 
Police  court. 

§  390.  The  judicial  power  of  the  city  shall  be  vested  in  a  police 
court,  to  be  held  therein  by  the  city  justices,  or  one  of  them,  to  be  desig- 
nated by  the  mayor,  but  either  of  said  city  justices  may  hold  such  court 
without  such  designation,  and  it  is  hereby  made  the  duty  of  such  city 
justices,  in  addition  to  the  duties  now  required  of  them  by  law,  to  hold 
said  police  court. 

Jurisdiction. 

§  391.  The  police  court  shall  have  exclusive  jurisdiction  of  the  follow- 
ing public  offenses  committed  in  the  city: 

1.  Petit  larceny; 


769  MUNICIPAL  CORPORATION  BILL.     Act  2348,  §§  392-305 

2.  Assault  or  battery,  not  charged  to  have  been  committed  upon  a 
public  officer  in  the  discharge  of  official  duty,  or  with   intent  to  kill; 

3.  Breaches  of  the  peace,  riots,  affrays,  committing  willful  injury  to 
property,  and  all  misdemeanors  punishable  by  fine  or  by  imprisonment, 
or  by  both  such  fine  and  imprisonment; 

4.  Of  proceedings  respecting  vagrants,  lewd  or  disorderly  persons. 

Jurisdiction. 

§  392.  Said  court  shall  also  have  exclusive  jurisdiction  of  all  pro- 
ceedings for  violation  of  any  ordinance  of  said  city,  both  civil  and 
criminal,  and  of  an  action  for  the  collection  of  any  license  required  by 
any  ordinance  of  said  city. 

Justices  Inhibited  in  certain  cases. 

§  393.  Neither  of  said  justices  shall  sit  in  cases  in  which  he  is  a 
party,  or  in  which  he  is  interested,  or  where  he  is  related  to  either 
party  by  consanguinity  or  affinity  within  the  third  degree,  and  in  case 
of  the  sickness  or  inability  of  the  city  justices,  either  of  them  may  call 
in  a  justice  of  the  peace  residing  in  the  county  to  act  in  his  place  and 
stead. 

Powers  of  justices. 

§  394.  Each  of  the  city  justices,  while  acting  as  judge  of  said  court, 
shall  also  have  power  to  hear  cases  for  examination,  and  may  commit 
and  hold  the  offender  to  bail  for  trial  in  the  proper  court,  and  may  try, 
condemn,  or  acquit,  and  carry  his  judgment  into  execution  as  the  case 
may  require,  according  to  law,  and  punish  persons  guilty  of  contempt 
of  court;  and  shall  have  power  to  issue  warrants  of  arrests  in  case  of 
a  criminal  prosecution  for  a  violation  of  a  city  ordinance,  as  well  as 
in  case  of  the  violation  of  the  criminal  law  of  the  state;  also  all  sub- 
poenas, and  all  other  processes  necessary  to  the  full  and  proper  exercise 
of  his  powers  and  jurisdiction;  and  in  such  of  the  cases  enumerated  in 
this  section  in  which  trial  by  jury  is  not  secured  by  the  constitution  of 
the  state,  he  may  proceed  to  judgment  in  the  first  instance  without  a 
jury,  but  on  appeal  the  defendant  shall  be  entitled  to  trial  by  jury  in 
the  superior  court. 

Clerk  of  court. 

§  395.  The  police  court  shall  have  a  clerk,  to  be  appointed  by  the 
city  council,  upon  the  nomination  of  the  mayor,  who  shall  hold  office 
during  the  pleasure  of  the  council.  The  clerk  shall  keep  a  record  of 
the  proceedings  of  and  issue  all  process  ordered  by  the  city  justices,  or 
either  of  them,  or  by  said  police  court,  and  receive  and  pay  weekly 
into  the  city  treasury  all  fines  imposed  by  said  court.  He  shall  also 
each  month  render  to  the  mayor  (as  auditor)  an  exact  and  detailed 
account,  upon  oath;  of  all  fines  imposed  and  collected,  and  all  fines  im- 
posed and  uncollected,  since  his  last  report.  He  shall  prepare  bonds, 
justify  bail,  when  the  amount  has  been  fixed  by  either  of  the  city  jus- 
tices or  said  court,  in  cases  not  exceeding  one  hundred  dollars,  and  may 
administer  oaths.  The  clerk  shall  remain  at  the  courtroom  of  said 
Gen.  Laws — 49 


Act  2348,  §§  396-401  GENERAL  LAWS.  770 

court  during  business  hours,  and  during  such  reasonable  times  thereafter 
as  may  be  necessary  for  discharging  his  duty.  Before  receiving  his? 
salary,  each  or  any  month,  he  shall  make  and  file  with  the  auditor  an 
affidavit  that  he  has  deposited  with  the  city  treasurer  all  moneys  that 
have  come  to  his  hands  belonging  to  the  city.  Any  violation  of  this 
provision  shall  be  a  misdemeanor.  He  shall  give  a  bond  in  the  sum  of 
five  thousand  dollars,  with  at  least  two  sureties  to  be  approved  by  the 
mayor,  conditioned  for  the  faithful  discharge  of  the  duties  of  his  office. 

Disposition  of  moneys, 

§  396.  All  fines  and  other  moneys  collected  on  behalf  of  the  city  in 
the  police  court  shall  be  paid  into  the  city  treasury  on  the  first  Tues- 
day of  each  month;  and  all  bills  for  fees  and  costs  due  the  officers  of 
said  court  shall  be  reported  to  the  city  council  each  month. 

Dockets. 

§  397.  The  city  council  shall  furnish  a  suitable  room  for  the  holding 
of  said  court,  and  shall  also  furnish  the  necessary  dockets  and  blanks. 
One  docket  shall  be  styled  "The  City  Criminal  Docket,"  in  which  all 
the  criminal  business  shall  be  recorded,  and  each  case  shall  be  alphabeti- 
cally indexed;  another  docket  shall  be  styled  "The  City  Civil  Docket," 
and  it  shall  contain  each  and  every  civil  case  in  which  the  city  is  a 
party,  or  which  is  prosecuted  or  defended  for  her  interest,  and  each 
case  shall  be  properly  indexed.  A  third  docket  shall  contain  all  the 
other  business  appertaining  to  the  office  of  said  city  justice,  and  in  all 
cases  the  docket  shall  contain  all  such  entries  as  are  required  by  law 
to  be  made  in  justices'  dockets;  and  in  any  case  tried  before  the  court, 
the  docket  must  show  what  duties  were  performed  by  any  officer  of  the 
court,  and  the  amount  of  the  fees  due  to  the  officer  for  such  services, 
and  what  amount  of  money,  if  any,  collected. 

Court,  when  open. 

§  398.  The  police  court  shall  be  always  open,  except  upon  nonjudicial 
days,  and  then  for  such  purposes  only  as  by  law  permitted  or  required 
of  other  courts  of  this  state. 

Appeals. 

§399.  Appeals  may  be  taken  from  any  judgment  of  said  police  court, 
to  the  superior  court  of  the  county  in  which  such  city  may  be  situated, 
in  the  same  manner  in  which  appeals  are  taken  from  justices'  courts  in 
like  cases. 

Place  of  imprisonment. 

§400.  In  all  cases  of  imprisonment  of  persons  convicted  in  said  police 
court  of  any  offense  committed  in  the  city,  the  persons  so  to  be  im- 
prisoned, or  by  ordinance  required  to  labor,  shall  be  imprisoned  in  the 
city  jail,  or  if  required  to  labor,  shall  labor  in  the  city. 

Seal. 

§  401,     Said  court  shall  have  a  seal,  to  be  furnished  by  the  city. 


771  MUNICIPAL   CORPORATION  BILL.     Act  234S,  §§  402-412 

Monthly  report. 

§  402.  Tlie  city  justices  shall,  on  the  first  Tuesday  of  each  month, 
make  to  the  city  council  a  full  and  complete  report  of  all  the  cases, 
civil  and  criminal,  in  which  the  city  has  an  interest,  or  which  are  re- 
quired to  be  entered  in  the  city  civil  docket,  or  the  city  criminal  docket; 
such  report  to  be  made  upon  blanks  to  be  furnished  by  the  city  council, 
and  in  such  form  as  they  may  require. 

Transcripts  and  Warrants. 

§403.  Certified  transcripts  of  the  dockets,  made  by  the  clerk  of  said 
court,  under  the  seal  of  said  court,  shall  be  evidence  in  any  court  of 
this  state  of  the  contents  of  said  docket;  and  all  warrants  and  other 
process  issued  out  of  said  court,  and  all  acts  done  by  said  court,  and 
certified  under  its  seal,  shall  have  the  same  force  and  validity  in  any 
part  of  this  state  as  though  issued  or  done  by  any  court  of  record  of 
this  state. 

Article  VI. — Educational  Department. 

Board  of  education. 

§  410.  The  government  of  the  school  department  of  the  city  shall  be 
vested  in  a  board  of  education,  to  consist  of  seven  members,  to  be 
called  school  directors.  One  school  director  shall  be  elected  from  each 
ward  at  the  regular  municipal  election,  by  the  vote  of  the  city  at  large, 
and  shall  hold  office  for  the  term  of  four  years,  and  until  his  successor 
is  elected  and  qualified;  provided,  that  the  first  board  of  education 
elected  under  the  provisions  of  this  chapter  shall,  at  their  first  meeting, 
so  classify  themselves  by  lot  as  that  three  of  their  number  shall  go  out 
of  office  at  tlie  expiration  of  two  years,  and  four  at  the  expiration  of 
four  years. 

Organization. 

§  411.  The  board  of  education  shall  meet  on  the  first  Monday  after 
their  election,  and  elect  one  of  their  number  president,  and  shall  hold 
meetings  at  least  once  in  each  mouth  thereafter  at  such  times  as  shall 
be  determined  by  a  rule  of  said  board.  A  majority  of  all  the  mem- 
bers elected  shall  constitute  a  quorum  for  the  transaction  of  business, 
but  a  smaller  number  may  adjourn  from  time  to  time.  The  board  may 
determine  the  rules  of  its  proceedings.  Its  sessions  shall  be  public,  and 
its  records  shall  be  open  to  public  inspection.  The  board  shall  also 
have  power  to  fill  all  vacancies  occurring  in  the  board  until  the  next 
.egular  municipal  election. 

Power  of  board. 
§412.     The  board  of  education  shall  have  sole  power: 

1.  To  establish  and  maintain  public  schools,  and  to  establish  school 
districts,  and  to  fix  and  alter  the  boundaries  thereof. 

Employees. 

2.  To  employ  and  dismiss  teachers,  janitors,  and  school-census  mar- 
shals, and  to  fix,  alter,  allow  and  order  paid  their  salaries  or  compen- 


Act  2348,  §  412  GENERAL  LAWS.  V72 

sation,  and  to  employ  and  pay  siicli  mechanics  and  laborers  as  may 
be  necessary  to  carry  into  effect  the  powers  and  duties  of  the  board, 
and  to  withhold,  for  good  and  sut3ficient  cause,  the  whole  or  any  part 
of  the  salary  or  wages  of  any  person  or  persons  employed  as  aforesaid. 

Regulation  of  schools. 

3.  To  make,  establish,  and  enforce  all  necessary  and  proper  rules 
and  regulations,  not  contrary  to  law,  for  the  government  and  progress 
of  public  schools  within  the  city,  the  teachers  thereof,  and  the  pupils 
therein,  and  for  carrying  into  effect  the  laws  relating  to  education; 
also  to  establish  and  regulate  the  grade  of  schools,  and  determine  what 
text-books,  courses  of  study,  and  mode  of  instruction  shall  be  used  in 
said  schools. 

Supplies. 

4.  To  provide  for  the  school  department  of  the  city  fuel  and  lights, 
water,  blanks,  blank-books,  printing  and  stationery,  and  to  incur  such 
other  incidental  expenses  as  may  be  deemed  necessary  by  said  board. 

Building  and  repairs. 

5.  To  build,  alter,  repair,  rent,  and  provide  schoolhouses,  and  furnish 
them  with  proper  school  furniture,  apparatus,  and  appliances,  and  to 
insure  any  and  all  such  school  property. 

To  hold  property  in  trust. 

6.  To  receive,  purchase,  lease,  and  hold  in  fee,  in  trust  for  the  city, 
any  and  all  real  estate,  and  to  hold  in  trust  any  personal  property  that 
may  have  been  acquired,  or  may  hereafter  be  acquired,  for  the  use  and 
the  benefit  of  the  public  schools  of  the  city;  provided,  that  no  real  estate 
shall  be  bought,  sold,  or  exchanged,  or  expenditures  incurred  for  the 
construction  of  new  schoolhouses  without  the  consent  of  four  members 
of  the  board  of  education  and  four  members  of  the  city  council;  ami 
provided  further,  that  the  proceeds  of  any  such  sale  or  exchange  of 
real  estate  shall  be  exclusively  applied  to  the  purchase  of  other  lots, 
or  the  erection  of  schoolhouses;  and  the  city  council  of  the  city  is 
hereby  authorized  and  required  to  make  over  to  said  board  of  education, 
upon  application  in  writing  by  said  board,  through  its  president  and 
secretary,  by  good  and  sufficient  deeds  of  conveyance,  all  property,  both 
real  and  personal,  now  held  by  said  city  council  in  trust  for  the  city 
for  the  use  and  benefit  of  the  public  schools;  and  the  said  board  is 
hereby  authorized  to  defray  all  expenses  attending  the  same. 

To  improve  property. 

7.  To  grade,  fence,  and  improve  all  school  lots,  and  in  front  thereof 
to  grade,  sewer,  plank,  or  pave  and  repair  streets,  and  to  construct  and 
repair  sidewalks. 

To  sue  and  defend. 

8.  To  sue  for  any  and  all  lots,  lands  and  property  belonging  to  or 
claimed   by   the   said   school    department,   and   to    prosecute   and    defend 


773  MUNICIPAL  CORPORATION  BILL.     Act  2348,  §§  413,  414 

all   actions  at   law  or  in   equity  necessary  to   recover   and  maintain  the 
full  enjoyment  and  possession  of  said  lots,  lands,  and  property. 

To  estimate  money  needed. 

9.  To  determine  annually  the  amount  of  money  requircnl  for  the  sup- 
port of  the  public  schools,  and  for  carrying  into  effect  all  the  provisions 
of  law  in  reference  thereto;  and  in  pursuance  of  this  provision  the  board 
shall,  on  or  before  the  first  Monday  in  February  of  each  year,  sub- 
mit in  writing  to  the  city  council  a  careful  estimate  of  the  whole 
amount  of  money  to  be  received  from  the  state  and  county,  and  the 
amount  required  from  the  city  for  the  above  purposes,  and  the  amount 
so  found  to  be  required  from  the  city,  shall,  by  the  city  council,  be  added 
to  the  other  amounts  to  be  assessed  and  collected  for  city  purposes; 
provided,  that  the  amount  to  be  thus  assessed  for  school  purposes  shall 
not  exceed  thirty  cents  on  each  one  hundred  dollars  valuation  upon  the 
assessment-roll,  iDut  may  be  increased  to  forty  cents  by  consent  of  two- 
thirds  of  the  city  council,  and  that  when  collected  it  shall  be  imme- 
diately paid  into  the  school  fund,  to  be  drawn  out  only  upon  the  order 
of  the  board  of  education. 

Disbursements. 

10.  To  establish  regulations  for  the  just  and  equal  disbursement  of  all 
moneys  belonging  to  the  public  school  fund. 

Demands. 

11.  To  examine  and  allow,  in  whole  and  in  part,  every  demand  pay- 
able out  of  the  school  fund,  or  to  reject  any  such  demands  for  good 
cause. 

Encumbrances. 

12.  To  discharge  all  legal  encumbrances  now  existing,  or  which  may 
hereafter  exist,  upon  any  school  property. 

Age  limit. 

13.  To  prohibit  any  child  under  six  years  of  age  from  attending  the 
public  schools. 

Other  acts. 

14.  And  generally  to  do  and  perform  such  other  acts  as  may  be  nec- 
essary and  proper  to  carry  into  force  and  effect  the  powers  conferred  on 
said  board,  and  to  increase  the  efficiency  of  the  public  schools  in  said  city. 

Oaths  on  demands. 

§  413.  The  president  of  the  board  of  education  shall  have  power  to 
administer  oaths  and  affirmations  concerning  any  demand  upon  the 
treasury  payable  out  of  the  school  fund,  or  other  matters  relating  to 
his  official  duties. 

Contracts.  ,      ,  ^ . , , 

§414.  All  contracts  for  building  shall  be  given  to  the  lowest  bidder 
therefor    offering    adequate    security,    to    be    determined    by    the    board, 


Act  2348,  §§  415,  416  GENERAL  LAWS.  774 

after   due   public   notice    published   for   not   less   than   ten   days   in    one 
daily  paper  of  the  city. 

No  director  or  superintendent  to  be  a  party. 

§  415.  No  school  director  or  superintendent  shall  be  interested  in 
any  contract  pertaining  in  any  manner  to  the  school  department  of 
said  city.  All  contracts  in  violation  of  this  section  are  declared  void, 
and  any  director  or  superintendent  violating  or  aiding  in  violating  the 
provisions  of  this  section  shall  be  deemed  guilty  of  msdemeanor,  and 
shall  be  punished  by  fine  of  not  less  than  one  hundred  dollars  nor 
more   than  one   thousand  dollars. 

City  board  of  examiners. 

§  416.  No  teacher  shall  be  employed  in  any  of  the  public  schools 
without  having  a  certificate  issued  under  the  provisions  of  this  chapter. 
For  the  purpose  of  granting  the  certificates  required,  the  board  of  edu- 
cation shall  appoint  a  city  board  of  examination.  The  city  board  of 
examination  shall  consist  of  the  school  superintendent  and  four  other 
persons,  residents  of  such  city,  at  least  two  of  whom  shall  be  experienced 
teachers.  The  members  of  the  city  board  of  examination  shall  receive 
for  their  services  such  compensation  as  may  be  fixed  by  the  board  of 
education.     Such  city  board  of  examination  shall  have  power: 

Rules. 

First.  To  adopt  rules  and  regulations  not  inconsistent  with  the  laws 
of  this  state  for  its  own  government,  and  for  the  examination  of  teach- 
ers. 

Examination. 

Second.  To  examine  applicants,  and  to  prescribe  a  standard  of  pro- 
ficiency which  will  entitle  the  person  examined  to  a  certificate. 

Certificates. 

Third.     To  grant  city  certificates  of  three  grades: 

1.  High  school  certificates,  valid  for  six  years,  and  authorizing  the 
holder  to  teach  any  primary,  grammar,  or  high  school  in  such  city; 

2.  City  certificates,  first  grade,  valid  for  four  years,  and  authorizing 
the  holder  to  teach  any  primary  or  grammar  school  in  such  city; 

3.  City  certificates,  second  grade,  valid  for  two  years,  and  authorizing 
the  holder  to  teach  any  primary  school  in  such  city; 

Fourth.  Without  examination,  to  grant  city  certificates  and  fix  the 
grade  thereof  to  the  holders  of  state  life  diplomas,  state  educational 
diplomas,  state  normal  school  diplomas,  state  university  diplomas  (when 
recommended  by  the  faculty  of  the  university),  state  certificates,  city 
certificates  granted  in  other  cities  of  this  state,  and  life  diplomas,  and 
state  normal  school  diplomas  of  other  states; 

Fifth.  To  revoke  or  suspend  for  immoral  or  unprofessional  conduct, 
profanity,  intemperance,  or  evident  unfitness  for  teaching,  any  certificate 
granted  by  them. 


775  MUNICIPAL   CORPORATION  BILL.     Act  2348,  §§  417-421 

Secretary. 

§  417.  The  school  superintendent  shall  act  as  secretary  and  book- 
keeper of  the  board  of  education,  and  perform  all  clerical  duties  re- 
quired by  such  board.  In  the  absence  of  the  superintendent,  the  board 
of  education  may  appoint  one  of  their  own  number  to  act  as  secretary.* 
The  school  superintendent  may  appoint  an  assistant  at  a  salary  of  one 
hundred  dollars  per  month.  The  superintendent  may,  for  a  good  and 
sufficient  cause,  provisionally  suspend  any  teacher  employed  in  the 
schools  of  such  city  until  the  next  meeting  of  the  board  of  education. 

Superintendent's,  reports, 

§  418.  The  superintendent  shall  report  to  the  board  of  education  an- 
nually, and  at  such  other  times  as  they  may  require,  all  matters  per- 
taining to  the  expenditures,  income  and  condition  and  progress  of  the 
public  schools  of  said  city  during  the  preceding  year,  with  such  recom- 
mendations as  he  may  deem  proper. 

Duty  of  superintendent. 

§  419.  It  shall  be  the  duty  of  the  superintendent  to  visit  and  ex- 
amine each  school  at  least  once  a  month,  to  observe,  and  cause  to  be 
observed,  such  general  rules  for  the  regulation  and  government  and  in- 
struction of  the  schools,  not  inconsistent  with  the  laws  of  the  state,  as 
may  be  established  by  the  board  of  education;  to  attend  the  sessions 
of  the  board,  and  inform  them  at  each  session  of  the  condition  of  the 
public  schools,  schoolhouses,  school  fund,  and  other  matters  connected 
therewith,  and  to  recommend  such  measures  as  he  may  deem  necessary 
for  the  advaucement  of  education  in  the  city.  He  shall  acquaint  him- 
self with  all  the  laws,  rules,  and  regulations  governing  the  public  school^ 
in  said  city,  and  the  judicial  decisions  thereon,  and  give  advice  on  sub- 
jects connected  with  the  public  schools,  gratuitously,  to  officers,  teachers, 
pupils,  and  their  parents  and  guardians. 

Vacancy. 

§420.  In  case  of  vacancy  in  the  office  of  suporintondont,  the  board 
of  education  shall  have  power  to  fill  the  vacancy  until  the  next  ensuing 
municipal  election. 

School  fund. 

§  421.  The  school  fund  of  the  city  shall  consist  of  all  moneys  re- 
ceived from  the  state  school  fund;  of  all  moneys  arising  from  taxes 
which  shall  be  levied  annually  by  the  city  council  of  the  city  for  school 
purposes;  of  all  moneys  arising  from  the  sale,  rent,  or  exchange  of  any 
school  property,  and  of  such  other  moneys  as  may,  from  any  source 
whatever,  be  paid  into  said  school  fund;  which  fund  shall  be  kept  sepa- 
rate and  distinct  from  all  other  moneys,  and  shall  only  be  used  for 
school  purposes  under  the  provisions  of  this  chapter.  If,  at  the  end  of 
any  fiscal  year,  any  surplus  remains  in  the  school  fund,  such  surplus 
money   shall   be   carried   forward   to   the   school   fund   of   the   next   fiscal 


Act  2348,  §§  422-424  GENERAL  LAW3.  776 

year,  and  shall  not  be,  for  any  purpose  whatever,  diverted  or  withdrawn 
from  said  fund,  except  under  the  provisions  of  this  chapter. 

School  fund,  how  expended. 

*    §  422.     The  said  school  fund  shall  be  used  and  applied  by  said  board 
of  education  for  the  following  purposes,  to  wit: 

1.  For  the  payment  of  the  salaries  or  wages  of  teachers,  janitors, 
school-census  marshals,  and  other  persons  who  may  be  employed  by  said 
board; 

2.  For  the  erection,  alteration,  repairs,  rent,  and  furnishing  of  school- 
houses; 

3.  For  the  purchase  money  or  rent  of  any  real  or  personal  property 
purchased  or  leased  by  said  board; 

4.  For  the  insurance  of  all  property; 

5.  For  the  discharge  of  all  legal  encumbrances  on  any  school  prop- 
erty; 

6.  For  lighting  schoolrooms,  and  the  offices  and  rooms  of  the  super- 
intendent and  board  of  education; 

7.  For  supplying  the  schools  with  fuel,  water,  apparatus,  blanks,  blank- 
books,  and  necessary  school  appliances,  together  with  books  for  indigent 
children; 

8.  For  supplying  books,  printing  and  stationery  for  the  use  of  the 
superintendent  and  board  of  education,  and  for  the  incidental  expenses 
of  the  board  and  department; 

9.  For  the  payment  of  the  salary  of  the  superintendent  and  assistant 
superintendent; 

10.  For  grading  and  improving  all  school  lots,  and  for  grading,  sewer- 
ing, planking,  or  paving  and  repairing  streets,  and  constructing  and 
repairing  sidewalks  in  front  thereof. 

Claims. 

§  423.  All  claims  payable  out  of  the  school  fund  shall  be  filed  with 
the  secretary  of  the  board,  and  after  they  shall  have  been  approved 
by  a  majority  of  all  the  members  elect  of  said  board,  upon  a  call  of 
the  ayes  and  noes,  which  shall  be  recorded,  they  shall  be  signed  by 
the  president  of  the  board  and  by  the  superintendent,  and  be  sent  to 
the  city  treasurer.  Every  demand  shall  have  indorsed  upon  it  a  certificate 
of  its  approval.     All  demands  for  salaries  shall  be  paid  monthly. 

Debt  not  to  be  in  excess  of  income, 

§  424.  All  demands  authorized  by  this  article  shall  be  paid  by  the 
city  treasurer  from  the  school  fund,  when  the  same  shall  be  presented 
to  him,  ordered  paid,  and  approved  by  the  board:  provided,  that  the 
said  board  shall  not  have  power  to  contract  any  debt  or  liabilities,  in 
any  form  whatsoever,  against  the  said  city,  in  contravention  of  this 
article,  or  exceeding  in  any  year  the  income  and  revenue  provided  for 
the  school  fund  for  such  year. 


777  MUNICIPAL  CORPORATION  BILL.      Act  2348,  §§  425-501 

Auditor  to  certify. 

§425.  It  shall  be  the  duty  of  the  auditor  of  the  county  in  which 
any  such  city  may  be  situated,  upon  the  first  Monday  in  each  mouth, 
and  at  such  other  times  as  he  may  deem  proper,  to  certii'y  in  duplicate 
to  the  superintendent  of  schools  of  such  county,  the  amount  of  school 
moneys  at  that  time  in  the  county  treasury,  and  the  amount  received 
during  the  previous  month.  The  county  superintendent  shall,  upon  re- 
ceipt of  such  certificates,  indorse  upon  one  of  them  the  amount  of  such 
moneys  to  which  the  common  schools  in  such  city  are  entitled.  The 
certificate  so  indorsed  shall  at  once  be  returned  to  said  auditor,  who 
shall  direct  upon  the  same  the  county  treasurer  to  pay  the  sum  desig- 
nated upon  such  certificate  to  the  treasury  of  such  city  for  the  use  of 
the  school  fund  thereof. 

Treasiirer  to  pay. 

§  426.  The  treasurer  of  such  county  shall  thereupon  pay  to  the  treas- 
urer of  such  city  the  sum  directed  by  the  auditor  as  above  provided; 
and  when  said  moneys  are  placed  in  such  city  school  fund,  they  shall 
be  used  in  precisely  the  same  manner  as  moneys  raised  by  city  school 
taxes  in  such  city;  provided,  that  the  entire  revenue  derived  by  such 
city  from  the  state  school  fund,  and  the  state  school  tax,  shall  be  ap- 
plied by  said  board  of  education  exclusively  to  the  support  of  primary 
and  grammar  schools. 

CHAPTER  IV. 

Municipal  Corporations  of  the  Third  Class. 

(A  charter  for  cities  having  a  population  of  more  than  15,000  and  not 

exceeding  30,000.) 

Article  I. — General  Powers. 
Third  class. 

§  500.     Every  municipal  corporation  of  the  third  class  shall  be  ontitled 

the   city  of  (naming  it),   and  by   such   name   shall   have   perpetual 

succession,  may  sue  and  be  sued  in  all  courts  and  places,  and  all  pro- 
ceedings whatever;  shall  have  and  use  a  common  seal,  alterable  at  the 
pleasure  of  the  city  authorities,  and  may  purchase,  lease,  receive,  hold, 
and  enjoy  real  and  personal  property,  and  control  and  dispose  of  the 
same  for  the  common  benefit. 

Article  II. — General  Provisions  Relating  to  Officers. 
City  officers. 

§501.  The  government  of  such  city  shall  be  vested  in  a  mayor;  a 
common  council,  to  consist  of  seven  aldermen;  a  board  of  education,  to 
consist  of  seven  school  directors;  a  police  judge;  an  assessor;  a  clerk, 
who  shall  be  ex-officio  auditor;  a  treasurer;  a  superintendent  of  streets; 
a  tax  and  license  collector;  a  water-rate  collector;  a  city  attorney,  and 
such  other  and  inferior  ofiicers  as  the  common  council  may  appoint. 


Act  2348,  §§  502-505  GENERAL  LAWS.  778 

Election  and  tenure. 

§  502.  The  aldermen,  mayor,  police  judge,  city  attorney,  and  assessor 
shall  be  elected  by  the  qualified  electors  of  such  city,  at  a  general  mu- 
nicipal election  to  be  held  therein  on  the  second  Tuesday  in  March,  in 
each  even-numbered  year.  The  mayor,  police  judge,  city  attorney,  and 
assessor  shall  hold  office  for  the  period  of  two  years  from  and  after 
the  Monday  next  succeeding  the  day  of  such  election,  and  until  their 
successors  are  elected  and  qualified.  The  members  of  the  common  coun- 
cil and  board  of  education  shall  hold  office  for  the  period  of  four  years 
from  and  after  the  Monday  next  succeeding  the  day  of  such  election, 
and  until  their  successors  are  elected  and  qualified;  provided,  that  the 
first  common  council  elected  under  the  provisions  of  this  chapter  shall, 
at  their  first  meeting,  so  classify  themselves  by  lot  as  that  three  of 
their  number  shall  go  out  of  office  at  the  expiration  of  two  years,  and 
four  at  the  expiration  of  four  years;  and  provided  further,  that  the 
first  board  of  education  elected  under  the  provisions  of  this  chapter 
shall,  at  their  first  meeting  so  classify  themselves  by  lots  as  that  three 
of  their  number  shall  go  out  of  office  at  the  expiration  of  two  years,  and 
four  at  the  expiration  of  four  years. 

Other  officers  appointed. 

§  503.  All  other  officers,  except  as  otherwise  in  this  chapter  provided, 
shall  be  appointed  by  the  common  council,  upon  the  nomination  of  the 
mayor,  and  shall  hold  office  for  the  period  of  two  years  from  and  after 
the  date  of  such  appointment,  and  until  their  successors  are  appointed, 
elected,  and  qualified. 

Bonds. 

§504.  The  common  council  shall,  by  ordinance,  determine  what  officers 
shall  give  bonds  for  the  faithful  performance  of  their  duties,  and  fix 
the  amount  of  such  bond;  and  each  of  such  officers  shall,  before  entering 
upon  the  duties  of  his  office,  execute  a  bond  to  such  city  in  such  penal 
sum  as  the  common  council  by  ordinance  may  determine,  conditioned 
for  the  faithful  performance  of  his  duties,  including  in  the  same  bond 
the  duties  of  all  offices  of  which  he  is  made  by  this  chapter  ex-officio 
incumbent.  Such  bonds  shall  be  approved  by  the  common  council.  All 
bonds,  when  approved,  shall  be  filed  with  the  clerk,  except  the  bond 
of  the  clerk,  if  any,  which  shall  be  filed  with  the  mayor.  All  the  pro- 
visions of  any  law"  of  this  state  relating  to  the  official  bonds  of  officers 
shall  apply  to  such  bonds  except  as  herein  otherwise  provided.  Every 
officer  of  such  city,  before  entering  upon  the  duties  of  his  office,  shall 
take  and  file  with 'the  clerk  the  constitutional  oath  of  office. 

Vacancies. 

§  505.  Any  vacancy  occurring  in  any  of  the  offices  provided  for  in 
this  chapter,  except  in  the  office  of  school  director,  shall  be  filled  by  ap- 
pointment by  the  common  council  upon  the  nomination  of  tho  mayor, 
but  if  such  office  be  elective,  such  appointee  shall  hold  office  only  until 


779  MUNICIPAL  CORPORATION  BILL.     Act  2348.  §§  506  •' f>? 

the   next   regular   election,   at   which   time   a   person   shall  be   electee',   to 
serve  for  the  remainder  of  such  unexpired  term. 

Compensation. 

§506.  The  aldermen  and  school  directors  shall  receive  no  compensa- 
tion whatever.  The  annual  salaries  of  other  officers  shall  be  as  follows: 
Mayor,  one  thousand  two  hundred  dollars;  police  judge,  one  thousand 
eiglit  hundred  dollars;  assessor,  one  thousand  eight  hundred  dollars; 
city  attorney,  one  thousand  five  hundred  dollars;  street  superintende/it, 
one  thousand  two  hundred  dollars;  clerk  and  auditor,  one  thousand  fve 
hundred  dollars;  tax  and  license  collector,  one  thousand  two  hundred 
dollars;  treasurer,  one  thousand  dollars;  water-rate  collector,  one  thou- 
sand two  hundred  dollars;  school  superintendent,  one  thousand  five  hun- 
dred dollars;  all  of  which  salaries  shall  be  paid  monthly. 

Elections. 

§  507.  All  elections  in  such  city  shall  be  held  in  accordance  with  the 
general  election  law  of  the  state,  so  far  as  the  same  may  be  made  ap- 
plicable; and  no  person  shall  be  entitled  to  vote  at  such  election  unless 
he  shall  be  a  qualified  elector  of  the  county,  enrolled  upon  the  great 
register  thereof,  and  shall  have  resided  in  such  city  for  at  least  thirty 
days  next  preceding  such  election.  The  common  council  shall  give  such 
notice  of  each  election  as  may  be  prescribed  by  ordinance,  shall  appoint 
boards  of  election,  and  fix  their  compensation,  and  establish  and  change 
election  precincts  and  polling-places;  provided,  that  no  part  of  any  ward 
less  than  the  whole  thereof  shall  be  attached  to  any  other  ward,  or 
part  thereof,  in  forming  election  precincts.  At  any  municipal  election 
the  last  printed  great  register  of  the  county  shail  be  used,  and  any 
elector  whose  name  is  not  upon  such  printed  register  shall  be  entitled 
to  vote  upon  producing  and  filing  with  the  board  of  election  a  certificate, 
under  the  hand  and  ofi5cial  seal  of  the  county  clerk,  showing  that  his 
name  is  registered  and  uncanceled  upon  the  great  register  of  such  county, 
provided  that  he  is  otherwise  entitled  to  vote. 

Eligibility  to  office. 

§508.  No  person  shall  be  eligible  to  or  hold  any  oflfice  in  such  city, 
whether  filled  by  election  or  appointment,  unless  he  be  a  resident  and 
elector  therein,  and  shall  have  resided  in  such  city  for  one  year  next 
preceding  the  date  of  such  election  or  appointment;  provided,  however, 
that  the  provisions  of  this  section  shall  not  apply  to  school  superintend- 
ents or  school  teachers.  One  alderman  and  one  school  director  shall  be 
elected  from  each  ward,  and  the  person  so  elected  must  be  a  resident 
of  the  ward  from  which  he  is  so  elected,  and  continue  to  be  such  resi- 
dent during  his  term  of  office,  and  if  he  shall  fail  to  so  continue  a  resident 
of  such  ward,  his  office  shall,  by  reason  thereof,  immediately  become  va- 
cant. 

Free  library. 

§509.  The  trustees  of  any  free  public  library  created  or  existing  in 
Buch  city  under  the  provisions  of  an  act  entitled  "An  act  to  establish 


Act  2348,  §§  520-523  GENERAL  LAWS. 


780 

iventy-sixth,         I 
incil   in   the         ' 


free  public  libraries  and  reading-rooms,"  approved  April  twei 
eighteen  hundred  and  eighty,  shall  be  appointed  by  the  coui 
same  manner  as  other  officers  are  appointed  under  the  provisions  of  this 
chapter,  anything  in  the  provisions  of  said  act  to  the  contrary  notwith- 
standing. 

Article  III. — Legislative  Department. 
Common  council — Meetings. 

§520.  The  common  council  shall  meet  on  the  Monday  next  succeeding 
the  date  of  said  general  municipal  election,  and  shall  hold  regular  meet- 
ings at  least  once  in  each  month,  at  such  times  as  they  shall  fix  by 
ordinance.  Special  meetings  may  be  called  at  any  time  by  the  mayor, 
or  by  three  aldermen,  by  written  notice  delivered  to  each  member  at 
least  three  hours  before  the  time  specified  for  the  proposed  meeting. 
All  meetings  of  the  common  council  shall  be  held  within  the  corporate 
limits  of  the  city,  at  such  place  as  may  be  designated  by  ordinance,  and 
shall  be  public. 

Mayor  to  preside. 

§  521.  At  any  meeting  of  the  common  council,  a  majority  of  the 
aldermen  shall  constitute  a  quorum  for  the  transaction  of  business,  but 
a  less  number  may  adjourn  from  time  to  time,  and  may  compel  the  at- 
tendance of  absent  members  in  such  manner  and  under  such  penalties 
as  may  be  prescribed  by  ordinance.  The  mayor  shall  preside  at  all 
meetings  of  the  council,  and  in  case  of  his  absence,  the  council  may 
appoint  a  president  pro  tem.;  and  in  case  of  the  absence  of  the  clerk, 
the  mayor  or  president  pro  tem.  shall  appoint  one  of  the  members  of  the 
council  clerk  pro  tem. 

Rules. 

§522.  The  common  council  shall  judge  of  the  qualifications  of  its 
members,  and  of  all  election  returns,  and  determine  contested  elections 
of  all  city  officers.  They  may  establish  rules  for  the  conduct  of  their 
proceedings,  and  punish  any  member  or  other  person  for  disorderly  be- 
havior at  any  meeting.  They  shall  cause  the  clerk  to  keep  a  correct 
journal  of  all  their  proceedings,  and,  at  the  desire  of  any  member,  shall 
cause  the  ayes  and  noes  to  be  taken  on  any  question,  and  entered  on  the 
journal. 

Light  and  water  ordinances. 

§523.  No  ordinance,  and  no  resolution  or  order  for  the  payment  of 
money,  for  granting  any  franchise,  for  lighting  or  watering  streets,  or 
for  supplying  water  for  municipal  purposes,  shall  be  passed  by  the  com- 
mon council  on  the  day  of  its  introduction,  nor  within  five  days  there- 
after, nor  at  any  other  than  a  regular  meeting;  and  no  ordinance,  and 
no  such  resolution  or  order,  shall  have  any  validity  or  effect  unless 
passed  by  the  votes  of  at  least  four  aldermen  and  approved  by  the 
mayor;  provided,  that  if  the  mayor  shall  neglect  or  refuse  to  approve 
the  same  within  five  days,  then  the  same  ma,y  be  passed  by  the  votes 
of  five  aldermen,  and  shall  then  take  effect  as  if  approved  by  the  mayor. 


781  MUNICIPAL  CORPORATION  BILL.  Act  2348.  S  524 

Powers  of  council. 

§  524.     The  common  council  of  such  city  shall  have  power: 

1.  To  pass  ortlinanees  not  in  conflict  with  the  constitution  and  laws  of 
tliis  state,  or  of  the  United  States. 

Keal  estate. 

2.  To  purchase,  lease,  or  receive  such  real  estate  and  personal  prop- 
erty as  may  be  necessary  or  proper  for  municipal  purposes,  and  to  con- 
trol, dispose  of,  and  convey  the  same  for  the  benefit  of  the  city;  pro- 
vided, that  they  shall  not  have  power  to  sell  or  convey  any  portion  of 
any  waterfront. 

Water  supply, 

3.  To  acquire,  construct,  repair,  and  manage  pumps,  aqueducts,  reser- 
voirs, and  other  works  necessary  or  proper  for  supplying  the  city  with 
water. 

Streets. 

4.  To  establish,  lay  out,  alter,  open,  keep  open,  improve,  and  repair 
streets,  sidewalks,  alleys,  bridges,  squares,  anrl  other  public  highways  and 
places  within  the  city  and  to  drain,  sprinkle,  and  light  the  same;  to 
remove  all  obstructions  therefrom;  to  establish  the  grades  thereof;  to 
grade,  pave,  macadamize,  gravel,  and  curb  the  same  in  whole  or  in  part, 
and  to  construct  gutters,  culverts,  sidewalks  and  cross-walks  therein 
or  upon  any  part  thereof;  to  cause  to  be  planted,  set  out,  and  cultivated, 
shade  trees  therein;  and  generally  manage  and  control  all  such  high- 
ways and  places. 

Sewers. 

5.  To  construct  and  maintain  drains  and  sewerg. 

Extinguishment  of  fires. 

6.  To  provide  fire-engines  and  all  other  necessary  or  proper  apparatus 
for  the  prevention  and  extinguishment  of  fire,  and  to  construct  and 
maintain  telegraph  and  telephone  lines  for  fire  and  police  purposes. 

Poll-tax. 

7.  To  impose  on  and  collect  from  every  male  inhabitant  between  the 
ages  of  twenty-one  and  sixty  years  an  annual  street  poll-tax  not  exceed- 
ing two  dollars;  and  no  other  road  poll-tax  shall  be  collected  within  the 
limits  of  such  city. 

Dog  tax. 

8.  To  impose  and  collect  an  annual  tax,  not  exceeding  two  dollars,  on 
every  dog  owned  or  harbored  within  the  limits  -of  the  city;  and  no  other 
dog  tax  shall  be  collected  within  the  limits  of  such  city. 

Property  tax. 

9.  To  levy  and  collect  annually  a  property  tax,  not  exceeding  one  dol- 
lar on  each  one  hundred  dollars  of  the  assessed  value  of  all  real  and 
personal  property  within  such  city,  which  said  tax  ehall  be  apportioned 


Act  2348,  §  524  GENERAL  LAWS.  782 

as  follows:  For  the  general  fund,  not  exceeding  fifty  cents  on  each  one 
hundred  dollars;  for  the,  road  fund,  not  exceeding  twenty-five  cents  on 
each  one  hundred  dollars;  and  for  the  school  fund,  not  exceeding  twenty- 
five  cents  on  each  one  hundred  dollars;  each  of  which  funds  shall  be  kept 
separate  from  all  others. 

Licenses. 

10.  To  license,  for  purposes  of  re^ilation  and  revenue,  all  and  every 
kind  of  business  authorized  by  law,  and  transacted  or  carried  on  in  such 
city,  and  all  shows,  exhibitions,  and  lawful  games  carried  on  therein; 
to  fix  the  rates  of  license  tax  upon  the  same,  and  to  provide  for  the 
collection  of  the  same  by  suit  or  otherwise. 

Rivers. 

11.  To  improve  the  rivers  and  streams  flowing  through  such  city,  or 
adjoining  the  s^ame;  to  widen,  straighten,  and  deepen  the  channels 
thereof,  and  remove  obstructions  therefrom;  to  improve  the  waterfront 
of  the  city;  to  construct  and  maintain  embanlvoients  and  other  works 
to  protect  such  city  from  overflow;  and  to  bridge  any  creek  or  river  so 
as  not  to  interfere  with  navigation. 

Public  buildings. 

12.  To  erect  and  maintain  buildings  for  municipal  purposes. 

Tracks  and  pipes. 

13.  To  permit,  under  restrictions  as  they  may  deem  proper,  the  lay- 
ing of  railroad  tracks  and  the  running  of  cars  drawn  by  horses,  steam, 
or  other  motive  power  thereon,  and  the  laying  of  gas  and  water  pipes  in 
the  public  streets,  and  the  construction  and  maintenance  of  telegraph 
and  telephone  lines  therein. 

Ward  division. 

14.  To  divide  the  city,  by  ordinance,  into  seven  wards  as  nearly  equal 
in  population  as  may  be,  to  fix  the  boundaries  thereof,  and  to  change 
the  same  from  time  to  time;  provided,  that  no  change  in  the  boundaries 
of  any  ward  shall  be  made  within  sixty  days  next  before  the  date  of 
said  general  municipal  election,  nor  within  twenty  months  after  the 
same  shall  have  been  established  or  altered. 

Fire  department. 

15.  To  establish  and  regulate  a  fire  department  and  a  police  depart- 
ment, to  appoint  and  remove  the  officers  and  employees  thereof,  and  to 
prescribe  their  duties  and  fix  and  order  paid  their  salaries  and  compen- 
sation. 

Subordinate  officers. 

16.  To  appoint  and  remove  such  subordinate  officers  as  they  may  deem 
proper,  and  to  fix  their  duties  and  compensation. 

Imposition  of  penalties. 

17.  To  impose  fines,  penalties,  and  forfeitures  for  any  and  all  viola- 
tions of  ordinances;  and  for  any  breach  or  violation  of  any  ordinance,  to 


783  MUNICIPAL   CORPORATION  BILL.      Act  2348,  §§  525-528 

fix  the  penalty  by  fine  or  imprisonment,  or  both;  but  no  such  fine  shall 
exceed  five  hundred  dollars,  nor  the  term  of  such  imprisonment  exceed 
six  months. 

Prison  labor. 

18.  To  cause  all  persons  imprisoned  for  violation  of  any  ordinance  to 
labor  on  the  streets  or  other  public  property  or  works  within  the  city. 

Other  acts. 

19.  To  do  and  perform  any  and  all  other  acts  and  things  necessary 
or  proper  to  carry  out  the  provisions  of  this  chapter. 

Enacting  clause. 

§525.     The  enacting  clause  of  all  ordinances  shall  be  as  follows:  "The 

mayor  and   common  council  of  the   city  of  do   ordain   as   follows." 

Every  ordinance  shall  be  signed  by  the  mayor,  attested  by  the  clerk,  and 
published  at  least  five  times  in  a  newspaper  published  in  such  city. 

Common  council  to  audit. 

§  526.  All  demands  against  such  city,  except  for  school  purposes,  shall 
be  presented  to  and  audited  by  the  common  council,  in  accordance  with 
such  regulations  as  they  may  by  ordinance  prescribe;  and  upon  the  al- 
lowance of  any  such  demand,  the  mayor  shall  draw  a  warrant  upon  the 
treasurer  for  the  same,  which  warrant  shall  be  countersigned  by  the 
clerk,  and  shall  specify  for  what  purpose  the  same  is  drawn,  and  out  of 
what  fund  it  is  to  be  paid. 

No  debt  in  excess  of  available  money. 

§  527.  The  common  council  shall  not  create,  audit,  allow,  or  permit 
to  accrue  any  debt  or  liability  in  excess  of  the  available  money  in  the 
treasury  that  may  be  legally  apportioned  and  appropriated  for  such  pur- 
poses; provided,  that  any  city,  during  the  first  year  of  its  existence  under 
this  act,  may  incur  such  indebtedness  or  liability  as  may  be  necessary, 
not  exceeding  in  all  the  income  and  revenue  provided  for  it  for  such 
year;  nor  shall  any  warrant  be  drawn,  or  evidence  of  indebtedness  be 
issued,  unless  there  be  at  the  time  sufficient  money  in  the  treasury  le- 
gally applicable  to  the  payment  of  the  same,  except  as  hereinafter  pro- 
vided. 

Indebtedness  in  excess  to  be  decided  by  election. 

§  528.  If,  at  any  time,  the  common  council  shall  deem  it  necessary 
to  incur  any  indebtedness  in  excess  of  the  money  in  the  treasury  ap- 
plicable to  the  purpose  for  which  such  indebtedness  is  to  be  incurred, 
they  shall  give  notice  of  a  special  election  by  the  qualified  electors  of 
the  city,  to  be  held  to  determine  whether  such  indebtedness  shall  be 
incurred.  Such  notice  shall  specify  the  amount  of  indebtedness  proposed 
to  be  incurred,  the  purpose  or  purposes  of  the  same,  and  the  amount 
of  money  necessary  to  be  raised  annually  by  taxation  for  an  interest 
and  sinking  fund,  as  hereinafter  provided.  Such  notice  shall  be  pub- 
lished for  at  least  three  weeks  in  some  newspaper  published  in  such 
city;  and  no  other  question  or  matter  shall  be  submitted  to  the  electors 


Act  2348,  §§  529-531  GENERAL  LAWS.  784 

at  such  election.  If,  upon  a  canvass  of  the  votes  cast  at  such  election, 
it  appear  that  not  less  than  two-thirds  of  all  the  qualified  electors  voting 
at  such  election  shall  have  voted  in  favor  of  incurring  such  indebted- 
ness, it  shall  be  the  duty  of  the  common  council  to  pass  an  ordinance 
providing  for  the  mode  of  creating  such  indebtedness,  and  of  paying 
the  same;  and  in  each  ordinance  provision  shall  be  made  for  the  levy 
and  collection  of  an  annual  tax  upon  all  the  real  and  personal  property, 
subject  to  taxation  within  such  city  sufficient  to  pay  the  interest  «n 
such  indebtedness  as  it  falls  due;  and  also  to  constitute  a  siiikinj^  fund 
for  the  payment  of  the  principal  thereof,  within  a  period  of  not  more 
than  twenty  years  from  the  time  of  contracting  the  same.  It  shall  be 
the  duty  of  the  common  council  in  each  year  thereafter,  at  the  time  at 
which  other  taxes  are  levied,  to  levy  a  tax  sufficient  for  such  purpose, 
in  addition  to  the  taxes  by  this  chapter  authorized  to  be  levied.  Such 
tax,  when  collected,  shall  be  kept  in  the  treasury  as  a  separate  fund, 
to  be  inviolably  appropriated  to  the  payment  of  the  principal  and  in- 
terest of  such  indebtedness. 

Violation  of  ordinances. 

§529.  The  violation  of  any  ordinance  of  such  city  shall  be  deemed 
a  misdemeanor,  and  ma}'  be  prosecuted  by  the  authorities  of  such  city 
in  the  name  of  the  people  of  the  state  of  California,  or  may  be  redressed 
by  civil  action,  at  the  option  of  said  authorities.  Any  person  sentenced 
to  imprisonment  for  the  violation  of  an  ordinance  may  be  imprisoned 
in  the  city  jail;  or,  if  the  common  council  by  ordinance  shall  so  pre- 
scribe, in  the  county  jail  of  the  county  in  which  such  city  may  be  situ- 
ated, in  which  case  the  expense  of  such  imprisonment  shall  be  a  charge 
in  favor  of  such  county  and  against  such  city. 

Nuisances. 

§530.  Every  act  or  thing  done  or  being  within  the  limits  of  such  city, 
which  is  or  may  be  declared  by  law  or  by  any  ordinance  of  such  city 
to  be  a  nuisance  shall  be  and  is  hereby  declared  to  be  a  nuisance,  and 
shall  be  considered  and  treated  as  such  in  all  actions  and  proceedings 
whatever;  and  all  remedies  which  are  or  may  be  given  by  law  for  the 
prevention  and  abatement  of  nuisances  shall  apply  thereto. 

System  of  street  work. 

§531.  The  common  council  are  authorized  and  empowered  to  provide, 
by  ordinance,  a  system  for  doing  any  or  all  work  in  or  upon  the  streets, 
highways,  and  public  places  of  such  city,  and  for  making  therein  street 
improvements  and  repairs,  and  for  doing  any  or  all  work  authorized  by 
subdivisions  4  and  5  of  section  524  of  this  act,  and  for  the  payment 
of  the  cost  and  expenses  thereof,  either  by  the  levy  and  collection  of 
special  assessments  therefor,  in  proportion  to  benefits,  upon  the  prop- 
erty to  be  benefited  thereby,  or  by  payments  made  out  of  the  road  fund 
of  such  city,  or  by  both;  provided,  that  in  all  cases  where  more  than 
one-half  of  the  expense  of  any  such  improvement,  except  the  construc- 
tion of  a  sewer  or  drain,  exceeding  in  amount  the  sum  of  one  thousand 


785  MUNICIPAL  CORPORATION  BILL.  Act  2348,  §  532 

dollars,  is  to  be  defrayed  by  special  assessment,  the  common  council 
shall  first  adopt  a  resolution,  which  shall  be  entered  upon  their  journal, 
declaring  their  intention  to  make  such  improvement,  and  fixing  a  time 
at  which  objections  to  the  making  of  such  improvcmont  will  be  con- 
sidered. Such  resolution  shall  also  designate  the  boundaries  of  the  dis- 
trict to  be  affected  or  benefited  by  such  improvement.  Upon  adopting 
Buch  resolution,  the  common  council  shall  give  notice  of  such  intention, 
which  notice  shall  be  published  for  twenty  days  in  a  newspaper  printed 
and  published  in  such  city.  Such  notice  shall  describe  the  improvement 
so  proposed  to  be  made,  and  state  the  estimated  cost  thereof,  and  desig- 
nate the  time  set  for  such  hearing,  and  shall  refer  to  such  resolution  so 
entered  upon  the  journal  for  such  description  of  boundaries.  If,  at  or 
before  the  time  so  fixed,  written  objections  to  such  improvement,  signed 
by  the  owners  of  two-thirds  in  value  of  the  property  so  to  be  affected 
or  benefited,  as  shown  by  the  last  preceding  city  assessment-roll,  be  not 
tiled  with  the  clerk,  the  common  council  shall  be  deemed  to  have  ac- 
quired jurisdiction  to  order  the  making  of  such  improvement.  Any  such 
special  assessment  made  and  levied  to  defray  the  cost  and  expenses  of 
any  such  work,  together  with  any  percentage  imposed  for  delinquency 
and  the  costs  of  collection,  shall  constitute  a  lien  upon  and  against  the 
property  upon  which  such  assessment  is  made  and  levied,  from  and  after 
the  date  of  the  order  for  such  assessment;  which  lien  may  be  enforced 
by  a  summary  sale  of  such  property,  and  the  execution  and  delivery  of 
all  necessary  certificates  and  deeds  therefor,  under  such  regulations  as 
may  be  prescribed  by  ordinance,  or  by  an  action  in  any  court  of  com- 
petent jurisdiction  to  foreclose  such  lien;  provided,  that  any  property 
sold  to  satisfy  any  such  lien  shall  be  subject  to  redemption  within  the 
time  and  in  the  manner  provided,  or  that  may  hereafter  be  provided  by 
law  for  the  redemption  of  property  sold  for  taxes. 

Right  of  way. 

§532.  The  common  council  are  authorized  and  empowered  to  provide 
by  ordinance  for  the  establishing,  laying  out,  extending,  and  widening 
streets  and  other  public  highways  and  places  within  the  city,  and  for 
taking  private  property  therefor,  and  for  taking  private  property  for 
the  purpose  of  rights  of  way  for  drains,  sewers,  and  aqueducts,  and  for 
the  purpose  of  widening  and  straightening  the  channels  of  streams,  and 
the  improvement  of  water  fronts;  but  no  private  property  or  right  of 
way  over  or  through  the  same  shall  be  taken  without  the  consent  of 
the  owner  thereof  until  a  just  compensation  for  the  same  shall  be  as- 
certained and  paid  to  such  owner,  or  into  court  for  his  use.  If  the 
owner  of  any  parcel  of  land  proposed  to  be  taken  for  any  such  improve- 
ment shall  be  dissatisfied  with  the  amount  of  compensation  awarded  by 
said  council  for  the  taking  of  such  parcel,  he  may,  within  twenty  days 
after  the  date  of  such  award,  commence  an  action  against  such  city  in 
any  court  of  competent  jurisdiction  within  the  city,  township,  or  county, 
to  recover  such  amount  of  compensation  as  he  may  consider  himself  en- 
titled to.  The  amount  of  compensation  ascertained  and  awarded  in  such 
Gen.  Laws — 50 


Act  2348,  §  532  GENERAL   LAWS.  786 

action  shall  be  deemed  and  taken  to  be  the  amount  of  compensation  to 
wliich  such  j)ersou  will  be  entitled  if  such  improvement  be  made.  If 
such  person  fail  to  recover  in  such  action  a  greater  amount  of  compen- 
sation than  was  so  awarded  by  said  council,  he  shall  not  recover  costs 
but  shall  pay  costs  to  such  city.  Any  owner  of  or  person  interested  in 
any  such  parcel  of  land,  who  sliall  fail  to  commence  such  action  within 
the  time  herein  limited,  shall  be  deemed  to  have  waived  his  right  in 
that  behalf,  and  to  have  assented  to  and  ratified  the  award  of  said 
council.  The  common  council  shall  not  acquire  jurisdiction  to  exercise 
any  of  the  powers  hereinbefore  in  this  section  enumerated,  until  a  peti- 
tion in  writing  therefor  is  first  presented  to  said  council,  signed  by  at 
least  twenty  inhabitants  of  said  city,  taxable  therein  for  municipal  pur- 
poses. Such  petition  must  describe  generally  the  street,  highway,  or 
public  place  proposed  to  be  laid  out  or  established,  or  the  proposed  al- 
teration by  widening  or  extending  the  same,  or  by  widening  or  straight- 
ening the  channels  of  streams,  or  by  the  improvement  of  waterfronts; 
or  if  a  right  of  way  is  sought  for  drains,  sewers,  or  aqueducts,  such  peti- 
tion shall  describe  the  proposed  route  for  the  same.  Such  petition  shall 
be  heard  at  a  regular  meeting  of  the  council,  notice  of  such  hearing 
being  given  by  the  clerk  by  publication  in  a  newspaper  published  in 
such  city,  for  a  period  of  three  weeks  before  such  hearing.  Such  notice 
shall  be  deemed  to  give  said  council  full  jurisdiction  over  the  subject 
matter,  and  over  the  person  of  every  owner  of  or  person  interested  in 
any  parcel  of  land  to  be  taken  or  assessed  for  any  such  improvement; 
and  every  person  interested,  from  and  after  the  expiration  of  such  pub- 
lication, shall  be  deemed  to  have  notice  of  all  subsequent  proceedings; 
provided,  that  nothing  herein  contained  shall  be  construed  to  prevent 
such  council  from  giving  such  other  or  further  notice  as  they  may  deem 
proper.  At  the  time  fixed  in  such  notice,  or  at  such  time  to  which  such 
hearing  may  be  postponed,  the  council  shall  proceed  to  hear  and  deter- 
mine the  prayer  of  such  petition  pursuant  to  such  rules  and  regulations 
as  may  be  prescribed  by  such  ordinance.  Such  system,  so  established  by 
ordinance,  may  provide  for  the  payment  of  such  compensation,  either 
by  the  levy  and  collection  of  special  assessments  therefor,  in  proportion 
to  benefits  upon  the  property  to  be  affected  or  benefited  by  any  such 
improvement,  or  by  payments  made  out  of  the  street  fund,  or  river  and 
waterfront  improvement  fund  of  such  city,  or  by  both.  Any  such  special 
assessment  made  and  levied  to  provide  means  for  the  payment  of  any 
such  compensation  and  the  cost  of  ascertaining  the  same,  together  with 
any  percentage  imposed  for  delinquency  and  the  costs  of  collection,  shall 
constitute  a  lien  upon  and  against  the  property  upon  which  such  assess- 
ment is  made  and  levied,  from  and  after  the  date  of  the  order  for  such 
assessment;  which  lien  may  be  enforced  by  a  summary  sale  of  such  prop- 
erty, and  the  execution  and  delivery  of  all  necessary  certificates  and 
deeds  therefor,  under  such  regulations  as  may  be  prescribed  by  ordinance, 
or  by  an  action  in  any  court  of  competent  jurisdiction  to  foreclose  such 
lien;  provided,  that  any  property  sold  to  satisfy  any  such  lien  shall  be 
subject  to   redemption  within  the  time  and  in  the  manner  provided  or 


787  MUNICIPAL  CORPORATION  BILL.     Act  2348,  §§  533,  534 

that  may  hereafter  be  provided  by  law  for  the  redemption  of  property 
sold  for  taxes. 

Taxes  and  tax  sales. 

§  533.  The  common  council  shall  have  power,  and  it  shall  be  their 
duty,  to  provide  by  ordinance  for  the  assessment,  levy,  and  collection 
of  all  city  taxes,  which  shall  conform,  as  nearly  as  the  circumstances  of 
the  case  may  permit,  to  the  provisions  of  the  laws  of  this  state  in  refer- 
ence to  the  assessment,  levy,  and  collection  of  state  and  county  taxes, 
except  as  to  the  times  for  such  assessment,  levy,  and  collection,  and  ex- 
cept as  to  the  officers  by  whom  such  duties  are  to  be  performed.  All 
taxes  assessed,  together  with  any  percentage  imposed  for  delinquency 
and  the  costs  of  collection,  shall  constitute  liens  on  the  property  assessed 
from  and  after  the  first  Monday  in  March  in  each  year;  which  liens  may 
be  enforced  by  a  summary  sale  of  such  property,  and  the  execution  and 
delivery  of  all  necessary  certificates  and  deeds  therefor,  under  such  regu- 
lations as  may  be  prescribed  by  ordinance,  or  by  actions  in  any  court  of 
competent  jurisdiction  to  foreclose  such  liens;  provided,  that  any  prop- 
erty sold  for  such  taxes  shall  be  subject  to  redemption  within  the  time 
and  in  the  manner  provided  or  that  may  hereafter  be  provided  by  law 
for  the  redemption  of  property  sold  for  state  or  county  taxes.  All  deeds 
made  upon  any  sale  of  property  for  taxes  or  special  assessments  under 
the  provisions  of  this  chapter  shall  have  the  same  force  and  effect  in 
evidence  as  is  or  may  hereafter  be  provided  by  law  for  deeds  for  prop- 
erty sold  for  nonpayment  of  state  or  county  taxes. 

Laws  concerning  indebtedness  to  continue  in  force. 

§534.  No  money  shall  be  expended  or  drawn  out  of  the  street  fund 
for  any  but  street  and  sewer  purposes,  and  no  money  shall  be  expended 
or  drawn  out  of  the  school  fund  for  any  but  school  purposes.  Whenever 
any  city  organizing  under  this  act  has  a  bonded  indebtedness  contracted 
or  issued  under  any  law  of  this  state,  all  the  provisions  of  such  laws  in 
regard  to  the  levying,  collection,  and  disposition  of  taxes  and  revenues 
for  the  payment  of  such  indebtedness  and  the  interest  thereon,  shall 
continue  in  force,  and  the  taxes  levied  and  revenues  raised  for  the  pay- 
ment of  the  interest  and  principal  of  such  indebtedness  shall  be  in  addi- 
tion to  the  taxes  provided  by  section  524  of  this  act,  and  the  common 
council  of  said  city,  organizing  under  this  act,  is  hereby  authorized  and 
empowered  to  levy  and  collect  such  taxes  and  apportion  such  revenues 
for  the  payment  of  such  indebtedness  and  interest,  in  addition  to  the 
limit  of  taxation  hereinbefore  prescribed  in  this  act;  and  nothing  in  this 
chapter  shall  be  construed  to  prevent  any  city  from  levying  and  collect- 
ing the  tax  authorized  by  the  act  entitled,  "An  act  to  establish  free  pub- 
lic libraries  and  reading-rooms,"  approved  April  twenty-sixth,  eighteen 
hundred  and  eighty,  in  addition  to  the  taxes  herein  authorized  to  be 
levied  and  collected.  AH  moneys  received  from  licenses,  and  from  fines, 
penalties  and  forfeitures,  shall  be  paid  into  the  general  fund. 


Act  2348,  §§  535-551  GENERAL  LAWS.  788 

Kiver  improvement. 

§  535.  The  common  council  may  also  levy  and  cause  to  be  collected, 
in  each  year,  in  addition  to  the  taxes  herein  authorized  to  be  levied  and 
collected,  a  tax,  not  exceeding  twenty  cents  on  each  one  hundred  dollars 
of  the  assessed  value  of  all  real  and  personal  property  within  such  city 
subject  to  taxation,  the  proceeds  of  which  tax  shall  be  known  as  the 
"Eiver  and  Waterfront  Improvement  Fund,"  and  shall  be  applied  to  the 
improvement  of  streams,  bays  and  waterfronts,  the  erection  of  embank- 
ments, and  other  works  to  protect  the  city  from  overflow,  and  the^con- 
struction  of  works  of  drainage,  and  for  no  other  purposes  whatever. 

Public  work  to  be  done  by  contract. 

§536.  In  the  erection,  improvement,  and  repair  of  all  public  buildings 
and  works,  in  all  streets  and  sewer  work,  and  in  all  work  in  or  about 
streams,  bays,  or  waterfronts,  or  in  or  about  embnnkments  or  other  works 
for  protection  against  overflow,  or  in  furnishing  any  supplies  or  materials 
for  the  same,  when  the  expenditures  required  for  the  same  exceeds  the 
sum  of  five  hundred  dollars,  the  same  shall  be  done  by  contract,  and  shall 
be  let  to  the  lowest  responsible  bidder,  after  due  notice,  under  such 
regulations  as  may  be  prescribed  by  ordinance;  provided,  that  the  com- 
mon council,  or  board  of  education,  may  reject  all  bids  presented,  and 
re-advertise,  in  their  discretion;  and  provided  further,  that  in  case  of 
any  great  and  unforeseen  calamity  or  emergency  the  common  council,  by 
a  resolution,  unanimously  adopted  and  approved  by  the  mayor,  may  dis- 
pense with  the  foregoing  provisions  of  this  section,  the  reason  for  such 
action  being  entered  on  their  minutes.  The  common  council  shall,  annu- 
ally, at  a  stated  time,  contract  for  doing  all  city  printing  and  advertising, 
which  contract  shall  be  let  to  the  lowest  bidder,  after  notice  as  pro- 
vided in  this  section.  All  advertising  shall  be  done  in  a  newspaper 
printed  and  published  in  such  city,  and  the  contract  therefor  shall  be 
awarded  separately  from  all  other  printing. 

Article  IV. — Executive  Department. 
Mayor. 

§550.  The  mayor  shall  be  at  the  head  of  the  executive  department  of 
the  city.  It  shall  be  his  duty  to  be  vigilant  and  active  in  causing  the 
laws  and  ordinances  of  the  city  to  be  duly  executed  and  enforced;  to 
have  the  general  supervision  of  the  police  department;  to  receive  and 
examine  into  all  complaints  preferred  against  any  officer,  and  to  certify 
the  same  to  the  common  council;  to  administer  and  certify  oaths  and 
affirmations  in  any  and  all  matters  and  proceedings  pertaining  to  the 
city;  to  preside  at  all  meetings  of  the  common  council;  and  to  perform 
such  other  duties  as  are  or  may  be  prescribed  by  law  or  ordinance. 

Clerk. 

§551.  It  shall  be  the  duty  of  the  clerk  to  keep  a  true  and  correct  rec- 
ord of  all  the  proceedings  of  thii  common  council,  and  to  countersign  all 
warrants;  to  keep  accounts  current  with  every  officer  charged  with  the 
receipt  or  disbursement  of  money;  to  keep  the  seal  of  the  city  and  affix 
the  same  to  all  instruments  requiring  such  seal;   to  perform  the  duties 


789  MUNICIPAL  CORPORATION  BILL.     Act  2348,  §§  552-560 

required  of  him  by  the  next  section;  to  report  to  the  common  council  on 
the  first  Monday  of  each  and  every  month  a  full  and  detailed  statement 
of  the  receipts  and  disbursements  of  the  treasury  during  the  preceding 
month,  and  tlie  state  of  each  particular  fund,  which  statement  shall  be 
verified  by  his  oath;  to  administer  and  certify  oaths  and  affirmations; 
to  perform  such  duties  in  and  about  the  assessment,  levy,  and  collection 
of  taxes  and  assessments  as  may  be  prescribed  by  law  or  ordinance;  to 
appoint  deputies;  and  to  perform  such  other  and  further  duties  as  the 
common  council  may  by  ordinance  prescribe. 

Treasurer. 

§  552.  It  shall  be  the  duty  of  the  treasurer  to  receive,  upon  the  order 
of  the  clerk,  all  moneys  due  or  belonging  to  the  city,  for  which  he  shall 
give  his  receipt,  which  receipt  shall  be  filed  with  the  clerk  by  the  person 
making  such  pajnnent,  and  the  clerk  shall  give  to  such  persons  his  re- 
ceipt therefor,  which  receipt  shall  be  the  only  evidence  of  payment.  He 
shall  pay  all  warrants  drawn  by  authority  of  and  in  accordance  with  law. 
He  shall  perform  such  duties  in  the  collection  of  taxes  or  assessments  as 
are  or  may  be  prescribed  by  law  or  ordinance.  He  shall,  on  the  first  Mon- 
day of  each  and  every  month,  present  to  the  common  council  a  full  and 
detailed  statement  of  the  amount  of  money  belonging  to  the  city  re- 
ceived by  him,  and  by  him  disbursed  during  the  preceding  month,  and 
the  state  of  each  particular  fund,  which  statement  shall  be  verified  by 
his  oath.  He  may  appoint  deputies  by  and  with  the  consent  of  the  com- 
mon council,  and  shall  perform  such  other  duties  as  are  or  may  be  pre- 
scribed by  law  or  ordinance. 

Compensation,  how  fixed. 

§  553.  The  common  council  shall,  by  ordinances  not  inconsistent  with 
the  provisions  of  this  chapter,  prescribe  the  duties  of  all  officers,  and  fix 
their  compensation. 

Article  V. — Judicial  Department. 
Police  and  justices'  courts. 

§  560.  The  judicial  power  of  the  city  shall  be  vested  in  a  police  court, 
to  be  held  by  the  police  judge  of  such  city.  Said  police  court  shall  have 
jurisdiction,  concurrently  with  the  justices'  courts,  of  all  criminal  ac- 
tions and  proceedings  arising  within  the  corporate  limits  of  such  city, 
and  which  might  be  tried  in  such  justices'  courts;  and  shall  have  exclu- 
sive jurisdiction  of  all  actions  for  the  recovery  of  any  fine,  penalty,  or 
forfeiture  prescribed  for  the  breach  of  any  ordinance  of  such  city,  of  all 
actions  founded  upon  any  obligation  or  liability  created  by  any  ordinance, 
and  of  all  prosecutions  for  any  violation  of  any  ordinance.  The  rules 
of  practice  and  mode  of  proceeding  in  said  police  court  shall  be  the 
same  as  are  or  may  be  prescribed  by  law  for  justices'  courts  in  like 
cases;  and  appeals  may  be  taken  to  the  superior  court  of  the  county 
in  which  such  city  may  be  situated  from  all  judgments  of  said  police 
court,  in  like  manner  and  with  like  effect  as  in  cases  of  appeals  from 
justices'  courts.     Said  court  shall  be  a  court  of  record. 


Act  2348,  §§  561-572  GENERAL  LAWS.  790 

Police  judge. 

§  561.  The  police  judge  shall  be  judge  of  the  police  court,  and  shall 
have  the  powers  and  perform  the  duties  of  a  magistrate.  He  may  ad- 
minister and  certify  oaths  and  affirmations,  and  take  and  certify  acknowl- 
edgments. 

When  disqualified. 

§  562.  In  all  cases  in  which  the  police  judge'  is  a  party,  or  in  which 
he  is  interested,  or  when  he  is  related  to  either  party  by  consanguinity 
or  affinity  within  the  third  degree,  or  is  otherwise  disqualified,  or  in  case 
of  his  sickness  or  inability  to  act,  the  mayor  may  call  in  a  justice  of  the 
peace  residing  in  the  city  to  act  in  the  place  and  stead  of  the  police 
judge;  or  if  there  be  no  justice  of  the  peace  residing  in  the  city,  or  if 
all  those  so  residing  are  likewise  disqualified,  then  he  may  call  in  any 
justice  of  the  peace  residing  in  the  county  in  which  such  city  may  be 
situated. 

Clerk  of  court. 

§  563.  The  common  council  shall  appoint,  upon  the  nomination  of  the 
mayor,  a  clerk  for  said  police  court.  Said  clerk  shall  keep  the  records 
of  said  court  and  the  seal  thereof,  and  peiform  such  other  duties  as  may 
be  required  of  him  \>y  law  or  ordinance.  He  shall  receive  a  salary  of  one 
hundred  dollars  per  month.  The  council  shall  also  provide  a  seal  for 
said  police  court. 

Article  VI. — School  Department. 
Board  of  education. 

§  570.  From  and  after  the  organization  of  each  of  such  cities,  the 
same  shall  constitute  a  separate  school  district,  which  shall  be  governed 
by  the  board  of  education  of  such  city. 

Vacancies. 

§571.  In  case  a  vacancy  shall  occur  in  the  office  of  school  director, 
the  board  of  education  shall  choose  a  person  to  fill  such  vacancy,  who 
shall  serve  until  the  next  election,  when,  if  the  term  does  not  then  ex- 
pire, a  pei'son  shall  be  elected  to  serve  for  the  remainder  of  such  unex- 
pired term. 

Meetings. 

§  572.  The  board  of  education  shall  meet  on  the  second  Tuesday  atter 
such  gei'eral  municipal  election,  and  choose  one  of  its  members  as  pres- 
ident, and  another  as  vice-president.  Its  regular  meetings  shall  thera- 
after  be  held  as  often  as  twice  in  each  month,  and  the  time  and  place 
for  holding  such  meetings  shall  be  fixed  by  a  rule  of  said  board.  Special 
meetings  of  said  board  may  be  held  when  called  by  written  notice,  signed 
by  its  president,  or  three  of  its  members,  and  delivered  personally  to 
each  of  its  members  who  shall  not  have  signed  the  same.  Four  members 
shall  constitute  a  quorum,  and  no  business  shall  be  transacted  by  said 
board  of  education  without  the  concurrence  of  four  of  its  members;  but 
a  majority  of  the  members  present  at  any  meeting  may  adjourn  from 
time  to  time.     All  meetings  of  said  board  of  education  shall  be  public, 


791  MUNICIPAL  CORPORATION  BILL.  Act  2348,  §  573 

and  full  records  of  its  proceedings  shall  be  kept  by  the  school  superin- 
tendent, who  shall  be  ex-officio  clerk  of  said  board  of  education. 

Powers  of  board. 

§573.     The  board  of  education  shall  have  power: 

To  maintain  schools. 

1.  To  establish  and  maintain  public  schools,  and  to  subdivide  the  school 
districts,  and  to  fix  and  alter  the  boundaries  of  such  subdivisions. 

Superintendent. 

2.  To  appoint  a  school  superintendent,  who  shall  hold  office  during  their 
pleasure,  and  to  prescribe  his  duties,  and  fix  his  compensation. 

Employees. 

3.  To  employ  and  dismiss  teachers,  janitors,  truant-officers,  and  school- 
census  marshals,  and  to  fix,  alter,  allow,  and  order  paid  their  salaries 
or  compensation;  and  to  employ  and  pay  such  mechanics  and  laborers  as 
may  be  necessary  to  carry  into  eflect  the  powers  hereby  conferred. 

Regulation  of  schools. 

4.  To  make,  establish,  and  enforce  all  necessary  or  proper  rules  and 
regulations,  not  in  conflict  with  the  laws  of  this  state,  for  the  govern- 
ment and  management  of  public  schools  within  such  city,  the  teachers 
thereof,  and  the  pupils  therein,  and  for  carrying  into  effect  the  laws  re- 
lating to  education. 

Supplies. 

5.  To  provide  for  the  school  department  of  such  city  fuel  and  lights, 
water,  printing,  and  stationery,  and  to  incur  such  other  incidental  ex- 
penses as  may  be  deemed  necessary  by  said  board. 

Building  and  repairs. 

6.  To  build,  alter,  repair,  rent,  and  provide  schoolhouses,  and  to  furnish 
the  same  with  proper  school  furniture,  apparatus,  and  appliances,  and  to 
insure  any  and  all  school  property. 

Real  estate. 

7.  To  purchase,  receive,  lease,  and  hold  in  fee,  in  trust  for  such  city, 
any  and  all  real  estate  and  personal  property  that  may  have  been  ac- 
quired, or  may  hereafter  be  acquired,  for  the  use  and  benefit  of  the 
iehools  of  such  city;  provided,  that  no  real  estate  shall  be  bought,  sold, 
or  exchanged,  nor  any  expenditure  incurred  for  the  construction  of  new 
schoolhouses,  without  the  approval  of  the  common  council;  and  provided 
further,  that  the  proceeds  of  any  such  sale  or  exchange  of  real  estate 
shall  be  exclusively  applied  to  school  purposes. 

Improvement. 

8.  To  grade,  fence,  and  improve  all  school  lots. 

To  determine  moneys  needed. 

9.  To  determine  annually  the  amount  of  money  required  for  the  sup- 
port of  the  public  schools,  and  for  carrying  into  effect  all  the  provisions 


Act  2348,  §§  574,  575  GENERAL  LAWS.  792 

of  law  in  reference  thereto;  and  in  pursuance  of  this  provision,  the  board 
of  education  shall,  at  least  ten  days  before  the  meeting  of  the  common 
council  at  which  the  annual  city  taxes  are  levied,  submit  in  writing  to 
the  common  council  a  careful  estimate  of  the  whole  amount  of  money  to 
be  received  from  the  state  and  county,  and  of  the  amount  to  be  required 
from  such  city  for  the  above-mentioned  purpose;  and  the  amount  so 
found  to  be  required  from  the  city  shall,  by  the  common  council,  be  added 
to  the  other  amounts  to  be  assessed  and  collected  for  city  purposes,  and 
when  collected,  the  proceeds  thereof  shall  be  immediately  paid  into  the 
school  fund  of  such  city,  to  be  drawn  out  only  upon  the  order  of  the 
board  of  education;  provided,  that  such  annual  tax  shall  not  exceed 
twenty-five  cents  on  each  one  hundred  dollars  of  the  assessed  valuation 
of  the  real  and  personal  property  within  such  city. 

Disbursement  regulations. 

10.  To  establish  regulations  for  the  just  and  equal  disbursement  of  all 
moneys  belonging  to  the  school  fund. 

Encumbrances. 

11.  To  discharge  all  legal  encumbrances  existing  at  the  time  of  the  in- 
corporation of  such  city,  or  thereafter,  on  any  school  property  within 
such  city. 

Admission  of  nonresidents. 

12.  To  admit  nonresident  children,  and  persons  over  twenty-one  years 
of  age,  to  any  of  the  departments  of  the  schools  of  such  city,  upon  the 
payment,  monthly,  in  advance,  to  the  treasurer  of  such  city,  for  the 
school  fund,  of  such  tuition  fee  as  said  board  may  establish. 

Age  limit. 

13.  To  prohibit  any  children  under  six  years  of  age  from  attending  the 
public  schools. 

Grades  and  text-books. 

14.  To  establish  and  regulate  the  grades  of  schools  in  such  city,  and 
the  course  of  study,  and  the  mode  of  instruction  to  be  pursued  therein, 
and  to  determine  what  text-books  shall  be  used. 

Other  acts. 

15.  To  do  and  perform,  in  addition  to  the  foregoing  powers,  such  other 
acts  as  may  be  necessary  or  proper  to  carry  into  effect  the  powers  hereby 
conferred. 

Board  may  sue. 

§574.  The  board  of  education  may  sue  and  be  sued  by  their  name 
of  oflfice.  In  any  action  or  judicial  proceeding  against  said  laoard,  service 
of  process  upon  the  president,  or  upon  a  majority  of  the  members  of  the 
board,  shall  be  sufficient  to  give  the  court  jurisdiction  to  hear  and  de- 
termine the  same. 

County  treasurer  to  pay  over. 

§  575.  All  moneys  received  by  the  treasurer  of  the  county  wherein 
such  city  may  be  situated,  on  account  of  the  school  fund  of  such   city, 


793  MUNICIPAL  CORPORATION   BILL.     Act  2348,  §§  576-591 

or  the  school  district  consisting  of  the  same,  and  all  sums  received  into 
the  county  treasury,  which  may  be  apportioned  to  said  city  or  district, 
shall  be  paid  to  the  treasurer  of  such  city  by  the  treasurer  of  such 
county,  as  soon  as  received,  or  as  soon  as  the  apportionment  shall  be 
made,  when  apportionment  is  necessary. 

Powers  of  president. 

§576.  The  president  of  the  board  of  education  shall  have  power  to 
administer  oaths  and  affirmations  concerning  any  demand  upon  the  treas- 
ury, payable  out  of  the  school  fund,  and  in  all  other  matters  relating  to 
the  duties  of  the  board  of  education,  and  to  witnesses  examined  in  any 
investigation,  had  by  such  board  of  education,  or  by  a  committee  thereof, 
duly  appointed  by  it  for  that  purpose. 

Same. 

§577.  Said  president  may  issue  subpoenas  under  his  hand  and  the 
seal  of  such  city,  attested  by  the  city  clerk,  to  compel  the  attendance  of 
witnesses  before  such  board  of  education,  or  committee  thereof,  who  shall 
be  entitled  to  the  same  fees  as  witnesses  in  civil  cases,  and  who  may  be 
punished  for  contempt  for  nonattendance,  or  refusal  to  be  sworn,  or  to 
answer,  by  the  superior  court  of  the  county  in  which  such  city  may  be 
situated. 

Claims. 

§  578.  Every  claim  payable  out  of  the  school  fund  shall  be  filed  with 
the  clerk  of  the  board  of  education,  and  after  it  shall  have  been  ap- 
proved by  the  board,  a  certificate  of  such  approval  shall  be  indorsed 
thereon,  signed  by  the  president  and  clerk;  and  a  warrant  upon  the  school 
fund  shall  be  issued  thereon  for  the  payment  of  such  claim,  which  war- 
rant shall  be  signed  by  the  president  of  such  board,  and  countersigned 
by  the  clerk,  and  shall  specify  for  what  purpose  the  same  is  drawn. 

Entire  revenue  for  schools. 

§  579.  The  entire  revenue  derived  by  such  city  from  the  state  school 
fund  and  the  state  school  tax  shall  be  applied  by  said  board  of  education 
exclusively  to  the  support  of  primary  and  grammar  schools. 

Article  VII. — Miscellaneous  Provisions. 
Moneys  collected. 

§590.  Every  officer  collecting  or  receiving  any  moneys  belonging  to  or 
for  the  use  of  such  city  shall  settle  for  the  same  with  the  clerk  on  the 
first  Monday  in  each  month,  and  immediately  pay  the  same  into  the 
treasury,  on  the  order  of  the  clerk,  for  the  benefit  of  the  funds  to  which 
such  moneys  respectively  belong. 

No  oflacer  to  be  interested  in  contracts. 

§591.  No  officer  of  such  city  shall  be  interested,  directly  or  indirectly, 
in  any  contract  with  such  city,  or  with  any  of  the  officers  thereof,  in 
their  official  capacity,  or  in  doing  any  work  or  furnisliiiig  any  supplies 
for  the  use  of  such  city  or  its  officers  in  their  official  capacity;  and  any 
claim  for  compensation  for  work  done,  or  supplies  or  materials  furnished, 


Act  2348,  §§  600-602  GENERAL  LAWS.  794 

in  which  any  such  officer  is  interested,  shall  be  void,  and  if  audited  and 
allowed  shall  not  be  paid  by  the  treasurer.  Any  willful  violation  of  the 
provisions  of  this  section  shall  be  a  ground  for  removal  from  office,  and 
shall  be  deemed  a  misdemeanor,  and  punished  as  such. 

CHAPTER  V. 
Municipal  Corporations  of  the  Fourth  Class. 
(Charter  for  cities  having  a  population  of  more  than  10,000  and  not  ex- 
ceeding 15,000.) 

Article  I. — General  Powers. 
Fourth  class. 

§  600.  Every  municipal  corporation  of  the  fourth  class  shall  be  en- 
titled the  city  of  (naming  it),  and  by  such  name  shall  have  per- 
petual succession,  may  sue  and  be  sued  in  all  courts  and  places,  and  in 
all  proceedings  whatever,  and  shall  have  and  use  a  common  seal,  and 
the  same  alter  at  pleasure;  may  purchase,  receive,  have,  take,  hold,  lease, 
use,  and  enjoy  property  of  every  name  or  description,  and  control  and 
dispose  of  the  same  for  the  common  benefit. 

Article  II. — General  Provisions  Eelating  to  Officers. 
Officers. 

§  601.  The  officers  of  such  city  shall  consist  of  a  mayor,  twelve  coun- 
cilman, a  collector,  who  shall  also  be  street  commissioner,  an  assessor, 
treasurer,  city  clerk,  police  judge,  city  attorney,  chief  of  police,  superin- 
tendent of  public  schools,  and  two  school  trustees  for  each  ward;  and 
whenever  a  free  public  library  and  reading-room  is  established  therein, 
five  trustees  thereof;  and  the  council  may  also  provide  for  the  election, 
by  the  voters  of  said  city,  or  by  said  council,  of  a  superintendent  of 
irrigation.  The  city  council  may  also  elect  a  city  surveyor,  harbor- 
master, poundkeeper,  and  city  jailer,  and  whenever  a  paid  fire  depart- 
ment shall  be  established  in  such  cit.t,  a  chief  engineer,  and  one  or  more 
assistant  engineers,  and  any  other  officer  necessary  to  carry  out  the  pro- 
visions of  this  chapter,  and  for  whose  election  or  appointment  no  provi- 
sion is  made,  and  may  by  ordinance  prescribe  the  duties  of  all  city 
officers,  and  fix  their  compensation,  subject  to  the  limitations  herein  con- 
tained. 

Election  under  this  act. 

§  602.  On  the  first  Tuesday  after  the  first  Monday  of  November  of 
each  odd-numbered  year  a  municipal  election  shall  be  held,  at  which  the 
qualified  voters  of  such  city  shall  elect  one  school  trustee  for  each  ward, 
and  six  councilmen,  to  be  voted  for  by  the  wards  they  may  respectively 
represent,  and  each  to  hold  office  for  the  term  of  four  years,  and  until 
the  qualification  of  his  successor;  and  also  a  mayor,  an  assessor,  a  col- 
lector and  street  commissioner,  city  attorney,  police  judge,  chief  of 
police,  and  superintendent  of  public  schools,  who  shall  each  hold  office  for 
two  years,  and  until  the  qualification  of  a  successor;  provided,  that  at 
the  first  election  held  after  the  organization  of  such  city  under  this  act 


795  MUNICIPAL   CORPORATION   BILL.     Act  2318,  §§  603,  004 

?nch  city  shall  elect  two  school  trustees  for  each  ward,  and  twelve  coun- 
cihneii,  who  shall,  at  the  first  meeting  of  the  city  council  and  board  of 
education,  respectively,  decide  by  lot  their  terms  of  office;  six  of  said 
councilmen  and  one-half  of  the  number  of  school  trustees  to  hold  for 
the  term  of  four  years,  and  the  others  for  the  term  of  two  years,  and  in 
each  case  until  the  qualification  of  their  successors. 

Provisions  concerning  elections. 

§  603.  The  city  council  shall  call  all  city  elections,  designate  the  time 
and  place  of  holding  the  same,  giving  at  least  ten  days'  notice  thereof, 
and  shall  appoi,:'.t  one  inspector  or  clerk,  and  two  judges  of  election,  for 
each  ward  or  election  precinct  in  such  city,  who  shall  appoint  two  clerks, 
and  all  shall  take  the  oath  of  office  prescribed  by  law  for  inspectors, 
judges,  and  clerks  of  state  and  county  elections.  All  provisions  of  law 
regulating  elections  for  state  and  county  officers,  not  conflicting  here- 
with, shall  apply  to  elections  under  this  chapter.  The  polls  for  all  city 
elections  shall  be  open  at  8  o'clock  A.  M.,  and  continue  open  until  5 
o'clock  P.  M.,  the  same  day.  If  any  officer  so  appointed  shall  fail  to 
attend,  those  attending,  with  the  electors  assembled  shall  fill  their  places 
by  others  from  the  qualified  electors  present.  All  returns  of  city  elec- 
tions shall  be  made  out  and  signed  by  the  officers  of  such  election  in 
the  usual  form,  and  deposited  with  the  city  clerk  within  two  days  after 
the  election.  The  persons  having  the  plurality  of  the  votes  cast  for  each 
of  the  respective  offices  voted  for  shall  be  declared  elected.  No  person 
shall  vote  at  any  city  election  unless  he  shall  be  an  elector  for  state 
and  county  officers,  and  shall  have  actually  resided  within  such  city,  and 
in  the  precinct  where  he  may  offer  to  vote,  thirty  days  preceding  such 
election;  provided,  that  any  elector  who  may  remove  from  one  precinct 
to  another  within  thirty  days  prior  to  such  election  may,  if  a  qualified 
voter  therein  at  the  time  of  removal,  vote  in  the  precinct  from  which  he 
may  have  moved.  If  any  person  not  having  the  legal  qualifications  of 
an  elector  at  any  city  election  shall  fraudulently  vote,  or  attempt  to 
vote,  or  knowingly  hand  in  two  or  more  ballots  folded  together,  or  shall 
vote,  or  attempt  to  vote,  more  than  once  at  the  same  election,  such  per- 
son or  persons,  on  conviction  thereof,  shall  be  fined  in  any  sum  not  less 
than  twanty  nor  more  than  five  hundred  dollars,  or  be  imprisoned  in  the 
county  jail  for  any  period  not  more  than  three  months,  or  may  be  pun- 
ished by  both  such  fine  and  imprisonment. 

City  coancil  to  canvass  vote. 

§  604.  On  the  Monday  following  the  election,  the  city  council  shall 
convene  and  publicly  canvass  the  result,  and  shall  issue  certificates  of 
election  to  each  person  elected  by  a  plurality  of  votes.  "When  two  or 
more  persons  have  received  an  equal  and  highest  number  of  votes  for  any 
one  of  the  offices  voted  for,  the  city  council  shall  thereafter,  at  its 
first  regular,  meeting,  decide  by  vote  between  the  parties  which  shall  be 
elected.  If  the  city  council  from  any  cause  fail  to  meet  on  the  day 
named,  the  mayor  shall  call  a  special  meeting  of  said  council  within  five 
days  thereafter,  and  in  addition  to  the  notice  provided  for  calling  special 
meetings,  shall  publish  the  same  on  two  successive  days  in  some  ne^rc- 


Act  2348,  §§  C05-608  GENERAL  LAWS.  798 

paper  published  in  such  city.  If  the  mayor  fail  to  call  gaid  meeting 
within  said  five  days,  any  four  councilmen  may  call  it.  At  such  sjiecial 
meeting  all  elections,  appointments,  or  other  business  may  be  transacted 
that  could  have  been  on  the  day  first  herein  named. 

Office,  when  vacant. 

§  605.  Each  officer  of  such  city  shall  take  the  oath  of  office,  and  such 
as  may  be  required  to  give  bond,  file  the  same,  duly  approved,  within 
ten  days  after  receiving  notice  of  his  election  or  appointment,  or  if  no 
notice  be  received,  then  on  or  before  the  date  fixed  for  the  assumption 
by  him  of  the  duties  of  the  office  to  which  he  may  have  been  elected  or 
appointed;  but  if  anyone,  either  elected  or  appointed  to  office,  fail  for 
ten  days  to  qualify  as  required  by  law  or  to  enter  upon  his  duties  at 
the  time  fixed  by  law  or  the  orders  of  the  city  council,  then  such  office 
shall  become  vacant;  or,  if  any  such  officer  shall  absent  himself  from 
such  city  continuoivsly  for  ten  days  without  the  consent  of  the  city  coun- 
cil, or  shall  openly  neglect  or  refuse  to  discharge  his  duties,  such  office 
may  be  by  the  city  council  declared  vacant;  provided,  that  the  penalty 
for  absence  from  the  citj'-  shall  not  apply  to  such  officers  as  serve  with- 
out salary  or  other  compensation.  Such  officers,  as  are  elected  by  the 
voters  of  the  city  shall  enter  upon  their  duties  on  the  first  Monday  of 
January  next  succeeding  the  date  of  their  election;  such  officers  as  are 
appointed  or  elected  by  the  city  council  shall  enter  upon  their  duties 
within  ten  days  after  receiving  notice  of  their  appointment  or  election. 

Unexpired  term. 

§  606.  When  any  vacancy  occurs  in  any  elective  office,  except  the 
mayor,  the  city  council  may  fill  the  same  for  the  unexpired  term,  except 
in  case  of  city  councilmen,  or  school  trustees,  which  shall  be  filled  until 
the  next  city  election,  and  until  the  qualification  of  a  successor.  The 
city  council  may,  upon  written  charges  to  be  entered  upon  their  journal, 
after  notice  to  the  party,  and  after  trial,  by  a  vote  of  two-thirds  of  all 
the  members  elect,  remove  any  officer. 

Official  bonds. 

§607.  It  shall  be  the  duty  of  the  city  council  to  provide  for  the  ac- 
countability of  the  city  assessor,  treasurer,  clerk,  police  judge,  collector, 
and  street  commissioner,  city  attorney,  a«d  all  other  officers  herein  pro- 
vided for,  by  requiring  from  them  sufficient  security  for  the  faithful 
performance  of  their  duties  or  trusts,  which  security  shall  be  given  by 
them  before  entering  on  their  respective  duties.  If  such  security  should 
be  or  become  insufficient,  additional  security  may  be  required,  and  if 
not  given  within  ten  days,  the  council,  by  a  vote  of  two-thirds  of  the 
members,  may  declare  the  office  vacant,  and  may  thereafter  fill  the  same. 

Compensation. 

§  608.  The  mayor,  councilmen,  and  school  trustees  shall-  not  receive 
any  salary  or  compensation  for  their  services;  provided,  that  members 
of  the  city  council,  or  a  committee  thereof  for  that  purpose  appointed, 
may  receive  for  their  services,  while  acting  as  a  board  of  equalization. 


797  MUNICIPAL  CORPORATION   BILL.      Act  2348,  §§  009-621 

a  sum  to  be  cletermiued  by  the  council,  not  to  exceed  for  each  one  five 
dollars  per  day,  for  each  day  while  actually  so  engaged,  for  two  weeks 
in  each  year,  and  no  longer. 

Street  commissioner. 

§609.  The  collector  and  street  commissioner  shall  receive  a  salary,  to 
be  fixed  by  the  city  council,  which  shall  not  exceed  the  sum  of  fifteen 
hundred  dollars  per  annum. 

No  additional  compensation. 

§610.  The  city  council  shall  have  no  power  to  allow  any  extra  or  ad- 
ditional compensation  to  that  in  this  chapter  expressly  authorized  to  any 
officer  for  the  rendition  of  services  that  the  city  council  have  power  to 
require  the  officer  to  perform  by  virtue  of  his  office. 

Ward  division. 

§611.  In  case  any  such  city  shall,  at  the  time  of  its  organization  un- 
der this  act,  be  divided  into  wards,  such  divisions  shall  continue,  but 
the  city  council  may,  at  any  time  not  within  three  months  previous  to 
an  annual  city  election,  change  the  boundaries  of  such  wards,  or  divide 
it  into  others,  not  exceeding  six  in  number;  provided,  that  such  change 
shall  not  affect  the  term  of  office  of  any  councilman  or  school  trustee, 
but  they  shall  serve  out  their  term  for  the  ward  in  which  their  residence 
may  be;  but  if  more  reside  within  any  one  ward  than  the  proportion  to 
which  it  is  entitled,  those  of  the  shortest  unexpired  term  shall,  by  the 
council,  be  assigned  for  such  unexpired  term  to  a  ward  where  there  is 
a  vacancy.  The  representation  of  each  ward  in  the  city  council  shall  be 
as  near  as  may  be  in  proportion  to  its  population,  but  each  ward  shall 
have  two  school  trustees. 

Article  III. — Legislative  Department. 
City  council. 

§620.  The  mayor  and  councilmen  of  the  several  wards  shall  constitute 
the  city  council,  and  at  its  first  meeting  in  January  next  after  a  city 
election  shall  elect  a  city  clerk,  city  treasurer,  and  one  of  their  own 
body  as  president  of  the  city  council,  and  at  any  time  when  the  mayor 
and  president  are  both  absent,  may  elect  a  president  pro  tern.,  who  shall 
act  during  such  absence.  They  shall  also,  at  such  time,  designate  the 
number  of  policemen  for  such  city,  to  be  elected  as  hereinafter  provided. 

Meetings. 

§  621.  A  majority  of  the  councilmen  elect  shall  constitute  a  quorum 
for  the  transaction  of  business.  A  less  number  may  adjourn  from  time 
to  time,  and  they  may  compel  the  attendance  of  absent  members.  The 
council  may  punish  their  members  for  disorderly  conduct,  and  upon 
written  charges  to  be  entered  on  their  journal,  for  such  conduct,  after 
trial,  may  expel  a  member  by  a  vote  of  two-thirds  of  all  the  members 
elected.  The  mayor  shall  have  a  vote  only  in  case  of  a  tie  in  the  votes 
of  the  other  members.  They  shall  determine  their  rules  of  proceeding 
and  the  qualification  of  members.     The  sittings  of  the  council  shall  be 


Act  2348,  §  622  GENERAL  LAWS.  798 

open  to  the  public,  except  where  the  interests  of  the  city  shall  require 
secrecy.  A  journal  of  all  their  proceedings  shall  be  kept  by  the  clerk 
under  their  direction.  At  any  time,  at  the  request  of  any  two  members, 
the  ayes  and  noes  on  any  question  shall  be  taken  and  entered  upon  the 
journal. 

Powers  of  council. 

§  622.  The  city  council  shall  have  power  and  authority  to  make  and 
pass  all  by-laws,  ordinances,  orders,  and  resolutions  not  repugnant  to 
the  constitution  of  the  United  States  or  of  the  state  of  California,  or 
the  provisions  of  this  charter,  necessary  for  the  municipal  government 
and  the  management  of  the  affairs  of  the  city,  for  tlie  execution  of  the 
powers  vested  in  said  body  corporate,  and  for  carrying  into  effect  the 
provisions  of  this  chapter;  to  fix  and  collect  a  license  tax  on  and  to 
regulate  theaters,  melodeons,  balls,  concerts,  dances,  and  all  theatrical, 
melodeon,  circus,  or  other  performances,  and  all  performances  where  an 
admission  fee  is  charged,  or  which  may  be  held  in  any  house  or  place 
where  wines  or  liquors  are  sold  to  the  participators;  also  all  shows,  bil- 
liard-tables, bowling-alleys,  exhibitions  or  amusements;  to  fix  and  collect 
a  license  tax  on  and  to  regulate  all  taverns,  hotels,  restaurants,  saloons, 
bar-rooms,  banks,  brokers,  manufactories,  livery-stable  keepers,  express 
companies,  and  persons  engaged  in  transmitting  letters  or  packages,  rail- 
road, stage,  and  steamboat  companies  or  owners,  whose  principal  place 
of  business  is  in  such  city,  or  who  shall  have  an  agency  therein;  to 
license  and  regulate  auctioneers;  to  license,  regulate,  tax,  prohibit,  or 
suppress  all  tippling-houses,  dram-shops,  saloons,  bars,  bar-rooms,  raffles, 
hawkers,  peddlers,  pawnbrokers,  refreshment  or  coffee  stands,  booths,  or 
sheds;  to  prohibit  or  suppress,  or  to  license  and  regulate,  all  dance- 
houses,  fandango-houses,  cock-fights,  dog-fights,  or  any  exhibition  or  show 
of  any  animal  or  animals;  to  license  and  tax  hackney-coaches,  cabs, 
omnibuses,  drays,  market-wagons,  and  all  other  vehicles  used  for  hire, 
and  to  regulate  their  stands,  and  to  fix  the  rates  to  be  charged  for  the 
transportation  of  persons,  baggage,  and  property;  and  to  license  or  sup- 
press runners  for  steamboats,  railroads,  taverns,  or  hotels;  and  to  fix 
and  collect  a  license  tax  upon  all  occupations  and  trades,  and  all  and 
every  kind  of  business  authorized  by  law,  not  heretofore  specified,  and 
provided,  that  in  the  business  of  selling  intoxicating  drinks,  wines,  ales, 
and  beers,  in  less  quantities  than  one  quart,  or  to  be  drank  on  the  prem- 
ises where  sold,  and  on  any  other  business,  trade,  or  calling  not  provided 
by  law  to  be  licensed  for  state  and  county  purposes,  the  amount  of 
license  shall  be  fixed  ^t  the  discretion  of  the  city  council,  as  they  may 
deem  the  interests  and  good  order  of  the  city  may  require;  also  to  pre- 
vent and  restrain  any  "riot  or  riotous  assemblage,  disturbance  of  the 
peace,  or  disorderly  conduct,  in  any  place,  house,  or  street  in  the  city; 
to  prevent,  remove,  and  abate  nuisances  at  the  expense  of  the  parties 
creating,  causing,  or  committing,  or  maintaining  the  same;  to  establish, 
maintain,  and  regulate  a  common  pound  for  estrays,  and  to  appoint  a 
poundkeeper,  who  shall  be  paid  out  of  the  fines  and  fees  imposed  and 
collected  of  the  owners  of  any  animals  impounded,  and  from  no  other 


799  MUNICIPAL   CORPORATION  BILL.  Act  2348,  §  622 

source;  to  prevent  and  regulate  the  running  at  large  of  any  and  all 
domestic  animals  within  the  city  limits,  or  any  parts  thereof;  and  to  reg- 
ulate or  prevent  the  keeping  of  such  animals  within  any  part  of  the  city; 
to  control  and  regulate  slaughter-houses,  washhouses,  laundries,  tanneries, 
forges,  and  offensive  trades,  and  to  provide  for  their  exclusion  or  re- 
moval from  the  city  limits,  or  from  any  part  thereof;  to  provide,  by 
regulation,  for  the  prevention  and  summary  removal  of  all  filth  and 
garbage  in  the  streets,  sloughs,  alleys,  backyards,  or  public  grounds  of 
such  city,  or  elsev/here  therein;  to  establish,  alter,  and  repair  city  prisons, 
and  to  provide  for  the  regulation  of  the  same,  and  for  the  safekeeping 
of  persons  committed  thereto;  to  provide  for  the  care,  feeding,  and  cloth- 
ing of  the  city  prisoners;  to  provide  for  the  formation  of  a  chain-gang 
for  persons  convicted  of  crimes  or  misdemeanors,  and  their  proper  em- 
ployment and  compulsory  working  for  the  benefit  of  the  city;  and  also 
to  provide  for  the  arrest  and  compulsory  working  of  vagrants;  to  pro- 
hibit and  suppress  all  gaming,  and  all  gambling  or  disorderly  houses,  and 
houses  of  ill-fame,  and  all  immoral  and  indecent  amusements,  exhibi- 
tions, and  shows;  to  establish  and  regulate  markets  and  market-places; 
to  fix  and  regulate  the  speed  at  which  railroad  cars  may  run  within  the 
city  limits,  or  any  portion  thereof;  to  provide  for  and  regulate  the  com- 
mons of  the  city;  to  regulate  and  prohibit  fast  driving  or  riding  in  any 
portion  of  the  city;  to  regulate  or  prohibit  the  loading  or  storage  of 
gunpowder  and  combustible  or  explosive  materials  in  the  city,  or  trans- 
porting the  same  through  its  streets  or  over  its  waters;  to  have,  pur- 
chase, hold,  use,  and  enjoy  property  of  every  name  or  kind  whatsoever, 
and  the  same  to  sell,  lease,  transfer,  mortgage,  convey,  control,  or  im- 
prove; to  build,  erect,  or  construct  houses,  buildings,  or  structures  of  any 
kind  needful  for  the  use  or  purposes  of  such  city;  to  establish,  continue, 
regulate,  and  maintain  a  fire  department  for  such  city,  to  change  or 
reorganize  the  same,  and  to  disband  any  company  or  companies  of  the 
said  department;  also  to  discontinue  and  disband  said  fire  department, 
and  to  create,  organize,  establish,  and  maintain  a  paid  fire  department 
for  such  city;  provided,  that  nothing  in  this  chapter  shall  be  construed 
to  autliorize  the  said  city  council  to  disband  or  discontinue  the  fire  de- 
partment of  any  city  having,  at  the  time  of  its  organization  under  this 
act,  a  volunteer  fire  department  organized  and  existing,  or  to  create, 
establish,  and  maintain  a  paid  fire  department  therein,  without  first  sub- 
mitting the  proposition  of  establishing  a  paid  fire  department  for  such 
city  to  the  legal  voters  thereof,  at  a  general  city  election,  for  decision, 
and  not  after  such  election,  unless  thereat  a  majority  of  all  the  votes 
cast  at  such  election  are  in  favor  thereof;  and  in  the  event  that  any 
time  hereafter  the  volunteer  fire  department  of  such  city  shall  be  dis- 
organized or  disbanded,  and  a  paid  fire  department  established  in  its 
stead,  then  every  person  who  shall  have  been  an  active  fireman  for  the 
space  of  two  years  next  before  the  date  of  such  disbanding  and  estab- 
lishing shall  be  entitled  to  and  shall  receive  an  exempt  fireman's  cer- 
tificate, and  such  certificate  shall  entitle  the  person  to  whom  it  is  issued 
to  all  benefits  and  immunities  accorded  by  the  laws  of  this  slate  in  re- 
gard to  exempt  firemen;  to  institute  and  perfect  any  and  all  measures 


Act  2343,  §  622  GENERAL  LAWS.  800 

and  means  for  the  prevention  or  extinguishment  of  fires;  to  establish  fire 
limits,  and  the  same  to  alter  at  pleasure;  -to  regulate  or  prevent  the 
erection  of  wooden  or  other  buildings  or  structures  of  combustible  ma- 
terials; to  regulate  the  construction  of  buildings,  sheds,  awnings,  signs, 
or  any  structures  of  a  dangerous  or  unsafe  character;  to  adopt,  enter 
into,  and  carry  out  means  for  securing  a  supply  of  water  for  the  use  of 
such  city  of  its  inhabitants,  or  for  irrigating  purposes  therein;  to  pre- 
vent the  overflow  of  the  city,  or  to  secure  its  drainage;  to  provide  for 
the  numbering  of  houses;  to  establish  a  board  of  health;  to  prevent  the 
introduction  and  spread  of  disease;  to  establish  a  city  infirmary,  and 
provide  for  the  indigent  sick;  and  to  provide  and  enforce  regulations 
for  the  protection  of  health,  cleanliness,  peace,  and  good  order  of  the 
city;  to  establish  and  maintain  hospitals  within  or  without  the  city 
limits;  to  control  and  regulate  interments,  and  prohibit  them  within  the 
city  limits;  to  build,  alter,  improve,  keep  in  repair,  and  control  the  water- 
front; to  erect,  regulate,  and  repair  wharves  and  to  fix  the  rate  of  wharf- 
age and  transit  wharf,  and  levy  dues  upon  vessels  and  commodities; 
and  to  provide  for  the  regulation  of  berths,  landing,  stationing,  and  re- 
moving of  steamboats,  sail  vessels,  rafts,  barges,  and  all  other  water 
craft;  to  fix  the  rate  of  speed  at  which  steamboats  and  other  steam  water 
craft  maj^  run  along  the  waterfront  of  the  city;  to  build  bridges  so  as 
not  to  interfere  with  navigation;  to  provide  for  the  removal  of  obstruc- 
tions to  the  navigation  of  any  channel  or  watercourse;  to  clear  out  and 
excavate  sloughs  and  other  watercourses,  or  channels;  to  license  steamers, 
boats,  and  vessels  used  in  any  watercourse  in  the  city,  and  to  fix  and 
collect  a  license  tax  thereon;  to  license  ferries  and  bridges  under  the 
law  regulating  the  granting  of  such  license;  to  determine  and  impose 
fines  for  forfeitures  and  penalties  that  shall  be  incurred  for  the  breach 
or  violation  of  any  city  ordinance,  and  also  for  a  violation  of  the  pro- 
visions of  this  chapter,  when  no  penalty  is  affixed  thereto  or  provided 
by  law,  and  to  appropriate  all  such  fines,  penalties,  and  forfeitures  for 
the  benefit  of  the  city;  but  no  penalty  to  be  enforced  shall  exceed,  for 
any  offense,  the  amount  of  five  hundred  dollars,  or  three  months'  im- 
prisonment, or  both;  and  every  violation  of  any  lawful  order,  regula- 
tion, or  ordinance  of  the  city  council  of  such  city  is  hereby  declared  a 
misdemeanor  or  public  offense,  and  all  prosecutions  for  the  same  may 
be  in  the  name  of  the  people  of  the  state  of  California;  to  create  and 
establish  a  city  police;  to  prescribe  their  duties  and  their  compensation, 
and  to  provide  for  the  regulation  and  government  of  the  same;  to  pro- 
vide for  conducting  elections  and  establishing  election  precincts,  when 
necessary;  to  examine,  either  in  open  session  or  by  committee,  the  ac- 
counts or  doings  of  all  officers  or  other  persons  having  the  care,  manage- 
ment, or  disposition  of  moneys,  property,  or  business  of  the  city;  to 
make  all  appropriations,  contracts,  or  agreements  for  the  use  or  benefit 
of  the  city,  and  in  the  city's  name;  to  provide  by  ordinance  for  the 
opening,  laying  out,  altering,  constructing,  extending,  repairing,  grad- 
ing, paving,  graveling,  macadamizing,  or  otherwise  improving  of  public 
streets,  avenues,  and  other  public  ways,  or  any  portion  of  either  thereof, 
and  for  the  construction,  regulation  and  repair  of  sidewalks,  and  other 


801  MUNICIPAL    CORPORATION    BILL.     Act  2348,  §§  623,  624 

street  improvements,  all  at  the  expense  of  the  property  to  be  benefited 
thereby,  without  any  recourse,  in  any  event,  upon  the  city  for  any  por- 
tion of  the  expense  of  such  work,  or  any  delinquency  of  the  property 
holders  or  owners,  and  to  provide  for  the  forced  sale  thereof  for  such 
purposes;  to  establish  a  uniform  grade  for  streets,  avenues,  sidewalks, 
and  squares,  and  to  enforce  the  observance  thereof;  to  clear,  cleanse, 
alter,  straighten,  widen,  fill  up,  or  close  any  water-way,  drain,  or  sewer, 
or  any  watercourse  in  such  city,  when  so  declared  by  law  to  be  navi- 
gable; to  adopt,  provide  for,  establish,  and  maintain  a  general  system 
of  sewerage,  or  drainage,  or  both,  and  the  regulation  thereof,  the  ex- 
pense thereof  to  be  borne  by  general  taxation  upon  the  taxable  property 
and  inhabitants  of  and  in  such  city;  to  provide  funds  for  the  purpose 
aforesaid,  and  to  determine  manner,  terms,  and  places  of  connection  with 
main  or  central  lines  of  pipes,  sewers,  or  drains  established  with  funds 
derived  from  general  tax,  and  compel  compliance  with  and  conformity 
to  such  general  system  of  sewerage,  or  drainage,  or  both,  and  the  regu- 
lations of  said  council  thereto  relating,  by  the  infliction  of  suitable 
penalties  and  forfeitures  against  person  and  property,  or  either,  for  non- 
conforjuity  to  or  failure  to  comply  with  the  provisions  of  such  system 
and  regulations,  or  either;  to  provide  for  all  public  buildings,  public 
parks,  or  squares,  necessary  or  proper  for  the  use  of  the  city;  to  permit 
the  use  of  the  streets  for  railroad  purposes;  to  order  paid  any  final  judg- 
ment against  such  city;  but  none  of  its  lands,  or  property  of  any  kind 
or  nature,  taxes,  revenue,  franchise,  or  rights,  or  interest,  shall  be  at- 
tached, levied  upon,  or  sold  in  or  under  any  process  whatsoever;  to  regu- 
late the  sale  of  coal  and  wood  in  such  city,  and  may  appoint  a  measurer 
of  wood  and  weigher  of  coal  for  the  city,  and  define  his  duties,  and  pre- 
scribe his  term  of  office,  and  the  fees  he  shall  receive  for  his  services; 
provided,  that  such  fees  shall,  in  all  cases,  be  paid  by  the  parties  requir- 
ing such  service. 

Indebtedness  not  to  exceed  means  in  the  treasury. 

§  623.  The  city  council  shall  not  create,  audit,  allow,  nor  permit  to 
accrue  any  debts  or  liabilities  above  the  actual  revenue  and  available 
means  in  the  treasury  that  may  be  legally  apportioned  for  such  purpose, 
nor  shall  any  warrant  be  drawn,  or  evidence  of  indebtedness  be  issued, 
unless  there  shall  be  sufficient  money  in  the  treasury  justly  applicable 
to  meet  the  same. 

Council  to  audit  demands. 

§  624.  All  accounts  and  demands  that  shall  lawfully  arise  against  the 
city  shall  be  submitted  to  the  city  council,  and  if  found  correct  shall  be 
allowed,  and  an  order  be  made  that  the  demand  be  paid;  upon  which  (if 
there  be  funds  in  the  treasury  as  in  the  preceding  section  provided)  the 
clerk  shall  draw  a  warrant,  which  shall  be  countersigned  by  the  president 
of  the  city  council,  upon  the  treasurer,  in  favor  of  the  owner  or  owners 
of  the  demand,  specifying  for  what  purpose  and  by  what  authority  it  is 
issued,  and  out  of  what  fund  it  is  to  be  paid,  and  the  treasurer  shall  pay 
the  same  out  of  the  proper  fund.  All  accounts  and  demands  against 
Gen.  Laws — 51 


Act  2348,  §  625  GENERAL  LAWS.  802 

such  city,  other  than  such  as  are  chargeable  to  or  payable  out  of  the 
school  fund,  must  be  presented  to  the  city  council  duly  itemized  and  ac- 
companied with  an  affidavit  of  the  party,  or  his  agent,  stating  the  same 
to  be  a  true  and  legitimate  claim  against  such  city  for  the  full  amount 
for  which  the  same  is  presented,  and  that  the  same  accrued  as  set  forth, 
and  with  all  necessary  and  proper  vouchers,  within  one  year  from  the 
date  the  same  accrued;  and  any  claim  or  demand  not  so  presented  within 
the  time  aforesaid  shall  be  forever  barred,  and  said  council  shall  have 
no  authority  to  allow  any  account  or  demand  not  so  presented  in  manner 
and  time  as  aforesaid,  nor  shall  any  action  be  maintained  against  such 
city  for  or  on  account  of  any  demands  or  claim  against  the  same  until 
such  demand  or  claim  shall  have  first  been  presented  to  the  city  council 
for  action  thereon. 

Limitation  of  expenditures. 

§  625.  The  annual  expenses  of  such  city  shall  not  exceed  the  sum  of 
one  hundred  thousand  dollars,  except  in  cities  where  one  per  cent  on  the 
valuation  of  the  property  therein  raises  more  than  the  sum  of  one  hundred 
thousand  dollars,  and  in  such  cities  the  annual  expenses  shall  not  exceed 
the  sum  of  one  per  cent  of  the  valuation  of  the  property  therein;. pro- 
vided, however,  that  moneys  authorized  to  be  raised  and  expended  for 
the  payment  of  the  funded  or  bonded  indebtedness  of  such  city,  and  for 
school  purposes  in  such  city,  as  provided  to  be  raised  by  the  provisions 
of  this  chapter,  shall  not  be  considered  a  portion  of  said  annual  expense. 
If,  at  any  time  after  the  said  sum  shall  have  been  expended  in  any  year, 
it  shall  appear  that  the  interests  of  such  city  demand  an  expenditure  of 
an  additional  sum,  the  city  council  shall  make  a  report  of  the  same, 
which  shall  be  published  for  at  least  three  weeks  in  some  newspaper 
printed  and  published  in  such  city,  particularly  specifying  the  object  or 
objects  for  which  said  expenditure  is  required,  and  the  amount  of  money 
necessary  to  be  raised  to  complete  the  same.  At  any  time  within  ten 
days  after  the  expiration  of  said  publication,  the  city  council  shall  order 
an  election,  giving  ten  days'  notice  thereof,  at  which  time  those  persons 
who  are  legal  voters  of  such  city  may  vote  for  or  against  a  tax  to  raise 
such  additional  sum.  The  election  shall  be  conducted  and  returns  made 
and  canvassed  in  all  respects  as  the  general  elections  of  such  city,  and  a 
majority  shall  determine  if  such  tax  be  levied  or  not.  If  the  vote  is  in 
favor  of  such  tax,  the  city  council  shall  forthwith,  by  an  order  to  be  en- 
tered on  the  journal  of  their  proceedings,  order  the  tax  to  be  levied  and 
collected  upon  the  basis  of  the  last  municipal  assessment,  and  shall  make 
the  proposed  expenditure;  provided,  that  the  special  tax  thus  to  be  levied 
shall,  for  no  one  year,  be  more  than  one  per  cent  of  the  valuation  of 
real  and  personal  property  in  the  city,  as  shown  by  the  last  assessment- 
roll.  All  special  taxes  to  be  levied  and  collected  under  the  provisions 
of  this  section  shall  be  levied  and  collected  in  the  manner,  form,  and 
ways  prescribed  for  the  levying  and  collecting  of  the  genera]  taxes  of 
such  city;  and  as  a  security  for  their  payment,  a  lien  shall  attach  to  and 
against  each  lot  of  Innd  for  the  amount  assessed  against  it  from  the  date 
of  tbe  order;  and  every  person,  firm,  or  corporation  against  whom  a  tax 


803  MUNICIPAL  CORPORATION  BILL.     Act  2348,  §§  626-628 

be  thus  assessed  shall  be  personally  liable  to  pay  the  amount  to  such  city. 
Said  lien  shall  continue  until  such  taxes  are  paid,  or  the  property  become 
vested  in  a  purchaser  under  a  sale  thereof.  [Amendment  approved  March 
19,  1889.     Stats.  1889,  p.  371.     In  effect  immediately.] 

Excessive  expenditure  void, 

§626.  Every  appropriation  or  payment  of  money  made  or  ordered  by 
the  city  council  in  excess  of  said  sura  stated  in  section  G'25,  unk'ss  it 
shall  be  authorized  by  a  vote  of  the  electors  of  such  city,  as  provided  for 
in  the  preceding  section,  shall  be  invalid,  illegal,  and  void,  and  shall  be 
recoverable  by  the  city  from  the  party  or  parties  to  whom  the  same  is 
made,  if  knowingly  taken  or  received  by  such  party  or  parties;  and  the 
members  of  the  city  council  who  shall  have  voted  for  the  same  shall  be 
individually,  jointly,  and  severally  liable  for  such  excess,  and  it  may  be 
recovered  from  them  in  any  court  of  competent  jurisdiction  by  the  party 
or  parties  with  whom  they  have  contracted,  or  by  the  city,  if  payment 
has  been  actually  made.  [Amendment  approved  March  19,  1889.  Stats. 
1889,  p.  371.     In  effect  immediately.] 

Public  streets. 

§  627.  All  the  streets  in  such  city  that  have  been  or  shall  hereafter 
be  laid  out  and  dedicated  by  the  party  or  parties  owning  the  laud  front- 
ing upon  the  same,  or  by  the  authority  of  such  city,  and  declared  to  be 
public  streets,  and  that  have  been  or  shall  hereafter  be  used  as  such, 
shall  be  and  are  hereby  declared  public  streets  to  the  extent  that  the 
same  may  have  been  or  shall  hereafter  be  used,  laid  out,  or  dedicated. 

Contracts  for  work  and  materials. 

§  628.  All  contracts  for  work  to  be  performed,  or  materials  to  be 
used,  ordered  by  or  for  such  city,  or  in  which  it  is  interested,  may  be, 
and  when  the  cost  exceeds  five  hundred  dollars  shall  be,  let  to  the 
lowest  bidder.  A  notice,  signed  by  the  clerk,  soliciting  sealed  proposals, 
shall  be  published  a  reasonable  time,  in  no  case  less  than  ten  days, 
prior  to  the  time  fixed  for  opening  such  bids.  Such  notice  shall  desig- 
nate the  work  to  be  done,  and  the  place  and  the  time  in  which  it  may 
be  performed,  with  such  other  specifications  as  may  tend  to  give  the 
bidders  a  knowledge  of  the  object  to  be  accomplished,  and  with  a  refer- 
ence to  the  diagram  or  specifications  on  file  in  the  clerk's  office.  On 
the  day  limited  in  said  notice  for  the  opening  of  said  bids  the  council, 
or  a  committee  therefor  appointed,  shall,  in  open  meeting,  open  and  de- 
clare said  bids  and  award  the  contract  to  the  lowest  responsible  bid- 
der; provided,  however,  that  the  city  council,  or  its  committee,  may 
reject  all  bids  when  considered  too  high  or  uncertain  from  any  circum- 
stances. The  council  or  committee  may,  before  considering  any  offer, 
require  security  that  the  party  will  enter  into  a  contract  if  awarded  to 
him;  and  all  contracts  shall  be  in  writing,  and  accompanied  with  a  bond 
satisfactory  to  the  mayor.  No  officer  of  such  city  shall  be  interested 
in  any  contract  to  which  the  city  is  a  party,  and  any  contract  contrary  to 
the  provisions  hereof  shall  be  void. 


Act  2348,  §§  629-632  GENERAL  LAWS.  804 

Improvement  of  puTjlic  highways. 

§  629.  The  city  council  is  authorized  and  empowered  to  establish,  lay 
out,  alter,  open,  improve,  and  repair  streets,  avenues,  sidewalks,  alleys, 
bridges,  squares,  and  other  public  highways  and  places  within  the  city, 
and  to  drain,  sprinkle,  and  light  the  same;  to  remove  all  obstructions 
therefrom.;  to  establish  the  grades  thereof;  to  grade,  pave,  macadamize, 
gravel,  and  curb  the  same,  in  whole  or  in  part,  and  to  construct  gutters, 
culverts,  sidewalks,  and  cross-walks  therein,  or  upon  any  part  thereof; 
to  cause  to  be  planted,  set  out,  and  cultivated,  shade  trees  along  the 
lines  thereof  or  therein,  and  generally  to  manage  and  control  all  such 
highways  and  places. 

Apportionment  of  expense. 

§  630.  The  city  council  shall  have  the  power  to  provide  by  ordinance 
for  doing  any  or  all  work  in  or  upon  the  streets,  avenues,  highways,  and 
public  places  of  such  city,  and  for  making  therein  street  improvements 
and  repairs,  or  for  the  preservation  thereof,  and  for  doing  any  or  all 
work  thereupon  or  therein  authorized  by  this  chapter;  and  for  the  pay- 
ment of  the  cost  and  expenses  thereof  by  the  levy  and  collection  of 
special  assessments  therefor  upon  the  property  to  be  affected  or  bene- 
fited thereby.  That  is  to  say,  the  expense  or  cost  of  any  work  or  im- 
provement upon  the  streets,  avenues,  or  public  ways  of  such  city  shall 
be  assessed  upon  the  lots  and  lands  fronting  thereon,  each  lot  or  por- 
tion of  a  lot  being  separately  assessed  for  the  full  debt  thereof  in  pro- 
portion to  the  benefits  upon  the  property  to  be  benefited  sufficient  to 
cover  the  total  expense  of  the  work  to  the  center  of  the  street  on  which 
it  fronts.  The  expense  of  all  improvements  in  the  space  formed  by  the 
junction  of  two  or  more  streets,  or  where  one  main  street  terminates 
in  or  crosses  another  main  street,  and  also  all  necessary  street-crossings 
or  cross-ways,  shall  be  paid  by  such  city.  In  all  the  streets  constitut- 
ing the  waterfront  of  such  city,  or  bounded  on  the  one  side  by  the 
property  thereof,  the  expense  of  work  done  on  that  portion  of  said 
streets  from  the  center  line  thereof  to  the  said  waterfront,  or  to  such 
property  of  the  city  bounded  thereon,  shall  be  provided  for  by  such 
city,  but  no  contract  for  any  such  work  shall  be  given,  excejit  to  the 
lowest  responsible  bidder,  and  in  the  manner  hereinbefore  provided. 
When  any  work  or  improvement  mentioned  in  this  section  is  done  or 
made  on  one  side  of  the  center  line  of  said  streets,  avenues,  or  public 
ways,  the  lots  or  portions  of  lots  fronting  on  that  side  only  shall  be 
assessed  to  cover  the  expenses  of  said  work,  according  to  the  provisions 
of  this  chapter. 

Enacting  clause. 

§631.     The    style    of   the    city   ordinances    shall    be    as    follows:    "The 

mayor  and  city  council  of  the  city  of  do  ordain  as  follows";   and 

all    ordinances    shall    be    published   ir    one    or    more    of    the    newspapers 
published  in  the  city. 

Publication  of  ordinances. 

§  632.  By-laws  and  ordinances  s'lall  be  passed  by  the  city  counci^ 
and  approved  by  the  mayor,  or  the  president  of  the  city  council  acting 


805  MUNICIPAL   CORPORATION  BILL.      Act  2348,  §§  633-640 

in  his  stead.  But  before  any  by-law  or  ordinance  shall  have  any  bind- 
ing validity,  it  shall  be  published  in  one  or  more  newspapers  published 
in  the  city,  and  recorded  in  the  record-book  to  be  kept  by  the  clerk. 
The  clerk  shall  certify  on  the  record  the  fact  of  publication,  and  so 
certified,  the  record  shall  be  prima  facie  evidence  of  the  passage  thereof, 
and  may  be  read  as  evidence  of  the  by-law  or  ordinance,  and  its  publi- 
cation. A  printed  copy  of  any  ordinance  or  by-law,  or  a  compilation 
thereof,  printed  by  authority  of  the  city  council,  and  attested  by  the 
clerk,  shall  be  evidence  thereof  in  same  manner  and  with  like  effect. 

Entry  on  journal. 

§  633.  All  orders  of  the  city  council,  to  have  force  and  legal  validity, 
shall  be  entered  on  the  journal  of  their  proceedings,  which  journal  shall 
be  signed  by  the  officer  who  may  preside  at  such  meeting. 

Ayes  and  noes. 

§  634.  Upon  the  passage  of  all  ordinances  appropriating  money,  im- 
posing taxes,  abolishing  licenses,  increasing  or  lessening  the  amount  to 
be  paid  for  licenses,  the  ayes  and  noes  shall  be  entered  upon  the  jour- 
nal. 

Majority  necessary. 

§  635.  A  majority  of  all  the  members  elected  shall  be  necessary  to 
pass  any  ordinance  appropriating  for  any  purpose  the  sum  of  five  hun- 
dred dollars  or  upwards,  or  any  ordinance  imposing  any  assessment,  tax 
or  license,  or  in  any  wise  increasing  or  diminishing  the  city  revenue. 

Free  library. 

§  636.  The  trustees  of  any  free  public  library,  created  or  existing  in 
such  city  under  the  provisions  of  an  act  entitled  "An  act  to  establish 
the  public  libraries  and  reading-rooms,"  approved  April  twenty-sixth, 
eighteen  hundred  and  eighty,  shall  be  appointed  by  the  city  council  in 
the  same  manner  as  other  officers  are  appointed  under  the  provisions 
of  this  chapter,  anything  in  the  provisions  of  said  act  to  the  contrary 
notwithstanding. 

Article  IV. — Taxation. 
Tax  levy. 

§  640.  The  city  council  shall  have  full  power  and  authority  to  assess, 
levy,  and  collect  annually  taxes  upon  all  the  property  within  the  city, 
taxable  for  state  purposes,  not  exceeding  one  per  cent  upon  the  assessed 
value  thereof,  which  shall  be  paid  into  the  general  fund  for  current 
expenses.  They  shall  provide  for  the  payment  of  the  principal  and  in- 
terest of  the  bonded  indebtedness,  if  &ny,  of  such  city,  and  for  the 
payment  of  the  other  indebtedness  of  such  city  not  funded;  and  they 
shall  each  year  levy,  assess,  and  collect  an  additional  tax  upon  the  tax- 
able property  as  aforesaid,  not  exceeding  two  per  cent  in  any  one  year, 
which,  when  collected,  shall  be  paid  into  a  fund  to  be  disbursed  as  fol- 
lows: 

1.  To  pay  the  interest  on  said  bonds; 

2.  To  a  fund  for  the  payment  of  the  principal  thereof;  and, 


Act  2348,  §  641  GENERAL  LAWS.  806 

3.  To  meet  any  indebtedness,  as  aforesaid,  not  funded. 

And  the  city  council,  in  making  said  levy,  shall  estimate  the  propor- 
tion requisite  for  each  fund,  and  the  same  shall  be  expended,  under  the 
direction  of  the  city  council,  for  the  purpose  aforesaid,  and  for  no  other 
purpose.  Said  tax  shall  be  levied,  assessed,  and  collected  upon  all  prop- 
erty liable  to  taxation  within  such  portion  and  such  limits,  and  so 
much  of  the  territory  of  such  city  as  shall  be  liable  therefor  under  the 
laws  and  charters  in  existence  at  the  time  of  the  organization  of  such 
city  under  this  act;  and  if,  by  reason  of  extension  of  territory,  or  from 
any  cause,  a  portion  only,  or  a  certain  district,  of  such  city  be  liable, 
under  such  laws  and  charters,  for  the  payment  of  the  bonded  and  other 
indebtedness  above  named,  or  any  portion  of  either  thereof,  the  city 
council  in  levying  such  tax  shall  make  such  levy  upon  and  against  the 
property  which  is  situated  and  persons  who  may  reside  in  the  terri- 
tory of  such  city,  liable  in  each  case  for  the  payment  of  such  indebted- 
ness, or  any  particular  class  or  portion  thereof,  according  to  such 
existing  laws  and  charters.  The  city  council  shall  also  have  power  to 
raise  annually,  by  tax  upon  all  the  property  within  the  city  taxable  for 
state  purposes,  whatever  amount  of  money  may  be  requisite  for  the 
support  of  free  public  schools  therein,  including  high  schools,  and  pro- 
viding and  furnishing  houses  therefor;  but  the  tax  provided  for  in  this 
section  shall  not  exceed  thirty-live  cents  on  each  one  hundred  dollars 
valuation  upon  the  assessment-roll  in  any  one  year,  and  may,  in  like 
manner,  raise  by  tax  a  fund  for  the  establishment  and  maintenance  of 
a  free  public  lilarary  and  reading-room;  such  tax  not  to  exceed,  in  any 
one  year,  the  rate  of  ten  cents  on  each  one  hundred  dollars  valuation. 

Duty  of  assessor. 

§  641.  It  shall  be  the  duty  of  the  city  assessor  to  prepare,  between 
the  first  day  of  January  and  the  first  Monday  in  April  in  each  year, 
and  present  to  the  city  clerk,  with  his  certificate  of  its  correctness,  a 
list  of  all  the  real  and  personal  property  within  the  city  on  the  first 
day  of  January  taxable  for  state  and  county  purposes,  with  a  true  valua- 
tion thereof  on  the  first  day  of  January,  which  said  assessment-list  shall 
conform  as  near  as  practicable,  when  not  inconsistent  with  the  provisions 
of  this  chapter,  to  the  assessment  list  required  by  law  to  be  made  by 
the  county  assessor  for  state  and  county  purposes;  also,  to  make  all 
assessments  for  the  improvements  of  streets  as  herein  or  by  ordinance 
provided;  to  be  present  at  the  sessions  of  all  boards  of  equalization 
mentioned  in  this  chapter,  and  to  furnish  to  said  board  such  information 
as  may  be  required,  and  to  perform  such  other  services  in  reference  to 
the  assessments  of  property  in  the  city  or  otherwise  appertaining _  to 
his  oflice  as  the  city  council  by  ordinance  or  resolution  may  require. 
During  the  session  of  the  board  of  equalization  the  city  assessor  shall 
enter  upon  the  assessment  list  all  the  changes  and  corrections  made  by 
the  board,  and  may  assess  and  add  to  such  list  any  property  in  such 
city  not  previously  assessed.  In  the  assessment  and  listing  of  property 
for  taxation,  and  in  the  collection  of  tax  upon  personal  property  not 
secured  by  lien   upon   real   estate,   he   shall   have   and   may  exercise   the 


807  MUNICIPAL  CORPORATION  BILL.     Act  2348,  §.§  642-644 

same  powers  as  are  conferred  by  law  upon  county  assessors,  and  shall 
receive  therefor  the  same  fees  and  compensation.  He  shall  receive  a 
salary  to  be  fixed  by  the  city  council,  which  shall  not  exceed  five  hun- 
dred dollars  per  annum.  [Amendment  approved  March  19,  18S9.  Stats. 
1SS9,  p.  371.     In  effect  immediately.] 

Equalization. 

§  612.  The  city  council,  or  a  committee  of  their  number  selected  for 
that  purpose  by  the  city  council,  at  a  meeting  thereof  to  be  held  on 
the  first  Monday  of  April  of  each  year,  shall  constitute  a  board  of  equal- 
ization, and  shall,  after  the  assessor  shall  have  completed  and  handed 
in  his  assessment  list  to  the  city  clerk,  and  after  five  days'  notice  pub- 
lished in  some  newspaper  in  such  city,  hold  meetings  to  hear  and  deter- 
mine all  complaints  respecting  the  valuation  of  property  as  fixed  by  the 
assessor  in  such  list,  and  shall  have  power,  on  their  own  motion,  with 
or  without  complaint  made,  to  modify  and  change  such  valuation  in 
any  way  they  shall  deem  just  and  proper;  provided,  however,  that  be- 
fore making  any  change  in  any  assessment,  the  board  shall  notify  the 
person  interested  by  letter,  deposited  in  the  postoffice  or  express,  post- 
paid, and  addressed  to  such  person,  at  least  three  days  before  action 
taken,  of  the  day  fixed  when  the  matter  will  be  investigated;  provided, 
further,  that  no  reduction  must  be  made  in  the  valuation  of  property, 
unless  the  party  affected  thereby,  or  his  agent,  makes  and  files  with  the 
board  a  written  application  therefor  verified  by  his  oath,  showing  the 
facts  upon  which  it  is  claimed  such  reduction  should  be  made.  Any 
member  of  said  board  shall  have  power  to  administer  oaths  and  affirma- 
tions in  the  matters  before  said  board,  and  the  sessions  of  said  board 
shall  be  held  from  time  to  time,  as  in  its  notice  specified,  for  the  period 
of  two  weeks,  and  no  longer. 

Clerk  to  complete. 

§  613.  After  the  board  of  equalization  shall  have  completed  their 
duties,  the  city  clerk  shall  add  up  the  columns  of  valuation,  and  enter 
the  total  valuation  of  each  description  of  property  in  the  list,  and  the 
total  value  of  all  property  assessed  and  listed  thereon;  and  thus  equal- 
ized and  added  up,  the  clerk  shall,  on  the  first  Monday  of  May  there- 
after, deliver  it  to  the  city  council. 

Levy  of  the  tax. 

§641.  On  the  first  Monday  in  May  in  every  year  the  city  council, 
by  an  ordinance,  shall  levy  upon  all  the  property  in  the  city  taxable  by 
law  for  state  purposes  a  tax  for  school  purposes,  and  for  the  current 
and  general  expenses  of  the  city,  and,  in  conformity  to  the  provisions 
of  this  chapter,  shall  levy  any  and  all  other  taxes  by  law  directed  then 
to  be  levied  or  assessed;  and,  in  conformity  with  the  provisions  of  this 
chapter,  shall  levy  a  tax  for  the  payment  of  the  funded  debt  upon  the 
property  liable  therefor.  Every  tax  so  levied  is  made  a  lien,  which  shall 
attach  on  said  day  in  each  year  to  and  against  all  real  property  assessed 
for  the  amount  assessed  against  it;  and  if  said  property  be  assessed  to 


Act  2348,  §§  645-649  GENERAL  LAWS.  803 

a  wrong  person,  or  by  a  wrong  name,  said  lien  shall  in  no  wise  be  af- 
fected or  invalidated,  and  it  sliall  not  be  satisfied  or  removed  until  the 
taxes  are  paid,  or  the  property  has  absolutely  vested  in  a  purchaser  under 
and  by  reason  of  a  sale  for  such  taxes.  Every  tax  assessed  upon  per- 
sonal property  is  a  lien  upon  the  real  property  of  the  owner  thereof 
from  and  after  the  time  of  the  levy  of  such  tax.  The  fiscal  year  shall 
begin  on  the  first  day  of  January;  and  the  terms  "real  and  personal 
property"  shall  have  the  same  meaning  as  the  same  terms  used  in  the 
revenue  laws  of  the  state. 

List  to  be  delivered  to  collector. 

§  645.  As  soon  as  the  city  council  have  declared  and  levied  the  taxes 
in  any  year,  as  in  the  preceding  section  provided,  the  city  clerk  shall 
carry  out,  in  a  separate  money  column  in  the  list,  the  amount  of  taxes 
assessed  against  each  individual,  firm,  company,  corporation,  or  unknown 
owner,  and  add  and  put  down  the  aggregate  of  all  taxes  as  shown  by  the 
list;  and  as  thus  carried  out,  the  city  clerk  shall  certify  to  its  correct- 
ness, and  on  or  before  the  third  Monday  of  May  thereafter  deliver  it 
to  the  city  collector,  and  shall  charge  him  with  the  amount  of  taxes  as 
footed  up,  and  take  his  receipt  therefor. 

Collection, 

§  646.  The  collector,  on  receiving  the  assessment  list  certified  by  the 
clerk,  shall  proceed  to  collect  the  taxes  specified  therein,  and  pay  over 
the  same  into  the  treasury,  taking  a  receipt  thereof.  For  the  purpose 
of  collecting  the  taxes  authorized  by  this  chapter,  the  city  collector 
shall  have  such  powers  as  are  given  by  the  revenue  laws  of  this  state 
to  collectors  of  state  and  county  taxes,  so  far  as  the  same  are  applica- 
ble. All  taxes  unpaid  at  the  close  of  official  business  on  the  third  Mon- 
day of  June  shall  be  deemed  delinquent,  after  which  time  the  collector 
shall  receive  no  money  for  taxes;  and  he  shall,  on  said  day,  enter  upon 
assessment-roll  a  levy  upon  all  property  therein  assessed  the  taxes  upon 
which  remain  unpaid,  and  shall  immediately  ascertain  the  total  amount 
of  taxes  unpaid,  and  file  in  the  office  of  the  city  clerk  a  list  of  all  per- 
sons and  property  then  owing  taxes,  verified  by  his  oath,  which  list  shall 
be  known  as  the  delinquent  list. 

Delinquencies. 

§  647.  On  the  third  Monday  in  .June  of  each  year,  at  6  o'clock  P.  M., 
all  unpaid  taxes  are  delinquent,  and  thereafter  the  collector  must  col- 
lect thereon,  for  the  use  of  the  city,  an  addition  of  five  per  cent. 

Delinquent  list. 

§  648.  On  the  first  Monday  in  July  of  each  year,  the  city  collector 
must  deliver  to  the  city  clerk  a  complete  delinquent  list  of  all  persons 
and  property  then  owing  taxes;  and  in  the  list  so  delivered  must  be  set 
down  in  numerical  or  alphabetical  order  all  matters  and  things  contained 
in  the  assessment-roll  and  relating  to  delinquent  persons  or  property. 

Verification. 

§  649.  The  city  clerk  must  carefully  compare  such  delinquent  list  with 
the  assessment-roll,  and  if  satisfied  that  it  contains  a  full  and  true  state- 


809  MUNICIPAL   CORPORATION  BILL.      Act  2348,  §§  650-654 

meiit  of  all  taxes  due  and  unpaid,  he  must  foot  up  the  total  amount  of 
taxes  so  remaining  unpaid,  credit  the  city  collector  therewith,  and  make 
a  final  settlement  with  him  of  all  taxes  charged  against  him  on  the 
assessment-roll;  and  must  require  from  him  the  treasurcr'a  rcccix^t  for 
the  full  amount  of  taxes  collected. 

Certification, 

§  650.  After  the  settlement  with  the  city  collector,  as  prescribed  in 
the  preceding  section,  the  city  clerk  must  charge  the  city  collector  with 
the  amount  of  taxes  due  on  the  delinquent  tax  list,  with  the  five  pet 
cent  added  thereto,  and  within  three  days  thereafter  deliver  the  list, 
duly  certified  to  such  city  collector. 

Publication. 

§  651.  On  or  before  the  third  Monday  in  July  of  each  year,  the  city 
collector  must  publish  the  delinquent  list,  which  must  contain  the  names 
of  the  persons  and  a  description  of  property  delinquent,  and  the  amount 
of  taxes  and  costs  due,  opposite  each  name  and  description,  with  the 
taxes  due  on  personal  property,  added  to  taxes  on  real  estate  where  the 
real  estate  is  liable  therefor,  or  the  several  taxes  are  due  from  the  same 
person.  To  said  list  must  be  appended  and  with  it  published  a  notice 
that  unless  the  taxes  delinquent,  together  with  the  costs  and  percentage, 
are  paid,  the  real  property  upon  which  such  taxes  are  a  lien  will  be 
sold  at  public  auction,  and  designating  therein  the  time  and  place  of 
such  sale,  which  must  take  place  in  or  in  front  of  the  city  collector's 
office,  and  not  less  than  fourteen  nor  more  than  twenty-one  days  from 
the  first  publication. 

Collector  to  certify. 

§  652.  Said  list  must  be  published  three  times  a  week  for  two  suc- 
cessive weeks  in  some  newspaper  or  supplement  thereto  published  in 
such  city,  and  when  such  publication  is  completed,  and  before  com- 
mencing the  sale,  the  city  collector  must  file  with  the  city  clerk  a  copy 
of  the  publication,  with  his  affidavit  attached  thereto,  that  it  is  a  true 
copy  of  the  same,  that  the  publication  was  made  in  a  newspaper  or  a 
supplement  thereto,  stating  the  name  and  place  of  publication;  such 
affidavit  shall  be  prima  facie  evidence  of  all  the  facts  therein  stated. 
The  expense  of  the  publication  of  the  delinquent  list  to  be  paid  by  the 
city. 

Additional  amount. 

§  653.  The  city  collector  must  collect,  in  addition  to  the  taxes  due 
on  the  delinquent  list,  and  five  per  centum  added  thereto,  fifty  cents 
on  each  lot,  piece,  or  tract  of  land  separately  assessed,  and  on  each  as- 
sessment of  personal  property,  one-half  of  which  must  go  to  the  city, 
and  the  other  to  the  city  collector,  in  full  for  preparing  the  list. 

Sale. 

§  654.  On  the  day  fixed  for  the  sale,  or  on  some  subsequent  day  to 
which  he  may  have  postponed  it,  of  which  he  must  give  notice,  the  city 
collector,  between  the  hours  of  10  o'clock  A.  M.  and  3  P.  M.,  must  com- 


Act  2348,  §§  655-661  GENERAL  LAWS.  810 

mence  the  sale  of  the  property  advertised,  commencing  at  the  head  of 
the  list,  and  continuing  alphabetically,  or  in  the  numerical  order  of  lots 
and  blocks,  until  completed. 

Postponement. 

§  655.  He  may  postpone  the  day  of  commencing  the  sale,  or  the  sale, 
from  day  to  day;  but  the  sale  must  be  completed  within  two  weeks 
from  the  day  first  fixed. 

Owner  may  designate  portion. 

§656.  The  owner  or  person  in  possession  of  any  real  estate  offered 
for  sale  for  taxes  due  thereon  may  designate,  in  writing,  to  the  city 
collector,  prior  to  the  sale,  what  portion  of  the  property  he  wishes  sold, 
if  less  than  the  whole;  but  if  the  owner  or  the  possessor  does  not,  then 
the  collector  may  designate  it,  and  the  person  who  will  take  the  least 
quantity  of  the  land,  or  in  case  an  undivided  interest  is  assessed,  then 
the  smallest  portion  of  the  interest,  and  pay  the  taxes  and  costs  due, 
including  fifty  cents  to  the  city  collector  for  the  duplicate  certificate  of 
sale,    is    the   purchaser. 

Duplicate  certificate. 

§  657.  After  receiving  the  amount  of  the  taxes  and  costs,  the  city 
collector  must  make  out  in  duplicate  a  certificate,  dated  on  the  day  of 
sale,  stating  (when  known)  the  name  of  the  person  assessed,  a  descrip- 
tion of  the  land  sold,  the  amount  paid  therefor,  that  it  was  sold  for 
taxes,  giving  the  amount  and  year  of  the  assessment,  and  specifying  the 
time  when  the  purchaser  will  be  entitled  to  a  deed. 

Delivery. 

§  658.  The  certificates  must  be  signed  by  the  collector,  and  one  copy 
delivered  to  the  purchaser,  and  the  other  filed  in  the  ofiice  of  the  county 
recorder. 

Record  of  sales. 

§  659.  The  city  collector,  before  delivering  any  certificate,  must  in  a 
book  enter  a  description  of  the  land  sold,  corresponding  with  the  de- 
scription in  the  certificate,  the  date  of  sale,  purchaser's  name,  and  amount 
paid,  regularly  number  the  descriptions  on  the  margin  of  the  book,  and 
put  a  corresponding  number  on  each  certificate.  Such  book  must  be 
open  to  public  inspection,  without  fee,  during  office  hours,  when  not  in 
actual  use. 

Lien  vested  in  purchaser, 

§  660.  On  filing  the  certificate  with  the  county  recorder,  the  lien  of 
the  city  vests  in  the  purchaser,  and  is  only  divested  by  the  payment  to 
him,  or  to  the  city  treasurer  for  his  use,  of  the  purchase  money,  and 
fifty  per  cent  thereon. 

Redemption. 

§  661.  A  redemption  of  the  property  sold  may  be  made  by  the  owner, 
or  any  party  in  interest  within  twelve  months  from  the  date  of  the  pur- 
chase. 


611  MUNICIPAL   CORPORATION  BILL.     Act  2348,  §§  662-670 

Records  of  redemption. 

§  662.  On  receiving  the  certificate  of  sale,  the  recorder  mnst  file  it, 
nud  make  an  entry  in  a  book  similar  to  that  required  of  the  collector. 
On  the  presentation  of  the  receipt  of  the  person  named  in  the  certifi- 
cate or  of  the  city  treasurer  for  his  use,  of  the  total  amount  of  redemp- 
tion money,  the  recorder  must  mark  the  word  "Redeemed,"  the  date, 
and  by  whom  redeemed,  on  the  certificate,  and  in  the  margin  of  the 
book  where  the  entry  of  the  certificate  is  made. 

Purchaser's   deed. 

§663.  If  the  property  is  not  redeemed  within  the  time  allowed  by 
law  for  its  redemption,  the  city  collector,  or  his  successor  in  office,  must 
make  to  the  purchaser,  or  assignee,  a  deed  of  the  property,  reciting  in 
the  deed  substantially  the  matters  contained  in  the  certificate,  and  that 
no  person  has  redeemed  the  property  during  the  time  allowed  for  its 
redemption.  The  collector  shall  be  entitled  to  receive  from  the  pur 
chaser  three  dollars  for  making  such  deed. 

What  the  deed  proves. 

§  664.  The  matters  recited  in  the  certificate  of  sale  must  be  recited 
in  the  deed,  and  such  deed  duly  acknowledged  or  proved  is  prima  facie 
evidence   that: 

1.  The  property  was  assessed,  as  required  by  law; 

2.  The  property  was  equalized,  as  required  by  law; 

3.  The  taxes  were  levied  in  accordance  with  law; 

4.  The  taxes  were  not  paid; 

5.  At  a  proper  time  and  place  the  property  was  sold,  as  prescribed  by 
law,  and  by  the  proper  officer; 

6.  The  property  was  not  redeemed; 

7.  The  person  who  executed  the  deed  was  the  proper  officer; 

8.  Where  the  real  estate  was  sold  to  pay  taxes  on  personal  property, 
that  the  real  estate  belonged  to  the  person  liable  to  pay  the  tax. 

Deed  is  evidence  of  regularity, 

§  665.  Such  deed,  duly  acknowledged  or  proved,  is  (except  as  against 
actual  fraud),  conclusive  evidence  of  the  regularity  of  all  other  proceed- 
ings, from  the  assessment  by  the  assessor,  inclusive,  up  to  the  execution 
of  the  deed,  and  conveys  to  the  grantee  the  absolute  title  to  the  lands 
described  therein,  free  from  all  encumbrances. 

Assessment-roll  a  guarantee  of  regularity. 

§  666.  The  assessment-roll  or  delinquent  list,  or  a  copy  thereof,  certi- 
fied by  the  city  clerk,  showing  unpaid  taxes  against  any  person  or  prop- 
erty, "is  prima  facie  evidence  of  the  assessment,  the  property  assessed, 
the  delinquency,  the  amount  due  and  unpaid,  and  that  all  the  forms  of 
law  in  relation  to  the  assessment  and  levy  of  such  taxes  have  been  com- 
plied with. 

Article  V. — Executive  Department. 

Duties  and  powers  of  mayor. 

§  670.  The  mayor  shall  be  the  chief  executive  officer  of  the  city.  He 
shall  have  a  general  supervision   over   the   several   departments   of   the 


Act  2348,  §§  671-674  GENERAL, LAWS.  812 

city  government,  and  over  all  its  interests,  shall  preside  over  the  city 
council  when  present,  once  in  three  months  submit  a  general  statement 
of  the  condition  of  its  various  departments,  and  recommend  to  the  city 
council  such  measures  as  he  may  deem  expedient  for  the  public  good, 
or  improvement  of  the  city,  its  finances,  or  government.  He  shall  sign 
all  ordinances  passed  by  the  city  council,  if  he  approves  them;  if  he 
does  not  approve,  he  shall,  within  eight  days  after  its  submission  to 
him,  return  the  same  to  the  city  clerk's  office,  with  his  objections  in 
writing,  and  at  the  first  meeting  of  the  city  council  thereafter  the  same 
shall  be  entered  upon  their  journal,  and  they  shall  then  reconsider  such 
ordinance,  and  unless  two-thirds  of  the  councilmen  elect,  vote  for  its 
passage,  it  shall  not  become  a  law.  If  the  mayor  shall  not  so  return  any 
ordinance  within  eight  days,  it  shall  become  a  law  as  if  he  had  signed 
it.  He  may  call  special  meetings  of  the  city  council  at  any  time;  he 
shall  do  so  at  the  written  request  of  four  councilmen,  by  notifying  each 
member  personally,  or  by  a  written  notice  left  at  his  last  and  usual 
place  of  abode,  or  at  his  place  of  business  during  business  hours,  stat- 
ing the  purpose  of  such  meeting. 

President  of  council. 

§  671.  The  president  of  the  city  council  shall  preside  at  all  its  meet- 
ings when  the  maj'^or  is  not  present;  and  whenever  there  is  a  vacancy 
in  the  office  of  mayor,  or  he  is  absent  from  the  city,  or  unable,  from  any 
cause,  to  discharge  the  duties  of  his  office,  the  president  shall  act  as 
mayor  and  exercise  all  his  authority  and  be  subject  to  his  duties.  He 
shall  countersign  all  warrants  and  licenses  issued  under  and  by  author- 
ity of  the  city,  but  in  his  absence  or  inability  to  perform  said  duty,  the 
mayor,  or,  if  he  is  absent  or  unable  to  perform  said  duty  the  president 
pro  tern.,  or  if  none  has  been  elected  the  chairman  of  the  finance  com- 
mittee, may  sign  the  same. 

Deputies. 

§  672.  The  chief  of  police,  city  attorney,  city  assessor,  city  clerk,  and 
city  collector,  and  street  commissioner  may  each,  with  the  approval  of 
the  city  council,  only  appoint  such  deputies  as  may  be  necessary,  by 
writing,  to  be  filed  with  the  clerk.  Each  deputy  so  appointed  shall  re- 
ceive for  his  services  a  compensation  to  be  fixed  by  the  city  council, 
not  exceeding  one  hundred  dollars  per  month,  and  shall  perform  such 
duties  under  the  direction  of  his  principal  as  may  by  said  council  be 
prescribed.  The  principals  shall  be  each  responsible  for  his  deputy,  and 
may  revoke  the  appointment  at  pleasure. 

Chief  of  police. 

§  673.  The  chief  of  police  shall  receive  a  salary  which  shall  not  ex- 
ceed the  sum  of  fifteen  hundred  dollars  per  annum,  to  be  determined  by 
the   city  council. 

Treasurer. 

§  674.  The  city  treasurer  shall  receive  a  salary  which  shall  not  ex- 
ceed the  sum  of  three  hundred  dollars  per  annum,  to  be  determined  by 
the  city  council. 


813  MUNICIPAL   CORPORATION  BILL.     Act  2348,  §§  675-678 

Duties  of  treasurer. 

§  675.  It  shall  be  the  duty  of  the  city  treasurer  to  receive  and  safely 
keep  all  moneys  belonging  to  such  city,  from  whatever  source  derived, 
to  place  the  same  to  the  credit  of  the  different  funds  to  which  they 
properly  belong,  in  a  book  kept  for  that  purpose;  to  disburse  said  moneys 
by  the  direction  of  the  city  council,  and  in  accordance  with  the  provisions 
made  by  them,  and  the  school  fund,  by  the  direction  of  the  board  of 
education,  under  the  provisions  of  this  chapter,  and  to  make  a  report 
monthly  to  the  city  council  of  the  condition  of  the  treasury. 

Clerk. 

§  676.  It  shall  be  the  duty  of  the  clerk  of  the  city  to  keep  the  cor- 
porate seal  and  all  papers  and  documents  belonging  to  the  city;  to  file 
them  in  his  office,  under  appropriate  heads;  to  attend  the  sittings  of  the 
city  council  and  to  keep  a  journal  of  their  proceedings  and  records  of 
all  their  by-laws,  resolutions,  and  ordinances;  to  sign  all  warrants  and 
licenses  issued  in  pursuance  of  the  orders  and  ordinances  of  the  city 
council,  and  to  affix  the  corporate  seal  on  such  licenses;  to  keep  an 
accurate  account  in  a  suitable  book,  under  the  appropriate  heads,  of 
expenditures,  of  all  orders  drawn  upon  the  city  treasurer,  and  all  war- 
rants issued  in  pursuance  thereof;  also,  to  keep  an  account  in  an  ap- 
propriate book  of  all  licenses  issued,  with  the  names  of  the  persons  to 
whom  issued,  the  date  of  issue,  the  time  for  which  the  same  was  granted, 
and  the  sums  paid  therefor,  and  to  perform  such  other  duties  as  he 
may  be  required  to  perform  by  the  provisions  of  this  act,  or  by  ordi- 
nance. He  shall  receive  for  his  services  a  salary  to  be  fixed  by  the  city 
council,  not  exceeding  the  sum  of  one  hundred  dollars  per  month. 

Assessor. 

§  677.  It  shall  be  the  duty  of  the  city  assessor  to  prepare  the  assess- 
ment-rolls, lists,  and  books,  and  to  make  the  assessment  of  persons  and 
property  in  said  city  as  required  by  this  chapter;  also  to  make  and 
present  all  assessments  for  improvement  of  streets,  or  other  work  of  like 
character.  He  shall  receive  a  salary,  to  be  fixed  by  the  city  council, 
not  exceeding  five  hundred  dollars  per  annum. 

Collector  and  commissioner. 

§  678.  The  city  collector  and  street  commissioner  shall  collect  all 
taxes,  assessments,  licenses,  wharfage  rates,  and  all  other  moneys  or 
dues  owing,  accruing,  belonging,  or  coming  to  said  city,  and  the  same 
shall  pay  over  monthly  to  the  city  treasurer,  unless  otherwise  ordered 
by  the  city  council.  He  shall  regulate  the  landing  and  stationing  of 
all  steamers,  vessels,  boats,  or  other  water  craft,  and  shall  make  report 
to  the  city  council  each  mouth.  As  street  commissioner,  he  shall  have 
the  general  supervision  of  all  streets,  public  squares,  levees,  wharves 
sloughs,  drains,  water-ways,  bridges,  sidewalks,  cross-walks,  and  public 
buildings,  and  shall  superintend  all  work,  repairs,  or  improvement  thereof 
or  thereon.  At  the  request  of  the  street  committee  of  the  city  council, 
he  shall  make  report  to  them  of  any  of  his  doings,  and  shall  do  and 
perform  all  such  other  duties  as  may  be  required  of  him  by  ordinance  of 


Act  2348,  §§  679-691  GENERAL   LAWS,  81  i 

the  city  council.  As  street  commissioner  of  such  city,  he  is  hereby 
authorized,  in  his  ofiScial  capacity,  to  make  all  written  contracts,  and 
receive  all  bonds  authorized  in  this  chapter,  and  to  do  any  other  act, 
either  expressed  or  implied,  that  pertains  to  the  street  department  under 
this  chapter.  He  shall  fix  the  time  for  the  performance  of  the  work 
under  all  contracts  entered  into  by  him,  in  accordance  with  the  notice 
given  by  the  council;  and  may  extend  the  time  so  fixed,  from  time  to 
time,  under  the  direction  of  said  council.  All  work  upon  the  streets, 
avenues,  or  in  the  matter  of  sidewalks  or  bridges,  or  in  the  improvement 
of  the  public  buildings,  squares,  and  places  of  said  city  provided  for 
in  this  chapter,  or  under  the  orders  or  ordinances  of  the  city  council 
of  such  city,  must  in  all  cases  be  done  under  the  direction  and  to  the 
satisfaction  of  the  street  commissioner,  and  the  materials  used  shall  be 
such  as  are  required  by  said  commissioner,  in  accordance  with  the  con- 
tracts; and  all  contracts  made  therefor  must  contain  this  condition,  and 
also  express  notice  that  in  no  case,  except  when  it  is  otherwise  provided 
in  this  chapter,  will  the  city  be  liable  for  any  portion  of  the  expense, 
and  where  such  expense  is  defrayed  by  assessments,  in  no  case  for  any 
delinquency  of  persons  or  property  assessed. 

Police  force. 

§  679.  The  police  force  of  such  city  shall  consist  of  the  chief  of  police, 
and  such  number  of  policemen  as  shall  from  time  to  time  be  fixed  and 
determined  by  the  city  council. 

Police,  commission  to  elect. 

§  680.  The  policemen  of  such  city  shall  be  elected  by  a  police  com- 
mission, to  consist  of  the  mayor,  chief  of  police,  and  the  police  judge; 
and  such  policemen  shall  hold  office  from  and  after  their  election  to  and 
including  the  second  Monday  in  January  next  ensuing  after  a  regular 
city  election,  unless  sooner  removed  for  cause. 

Trial  comraission. 

§  681.  The  president  of  the  city  council,  the  chairman  of  the  finance 
committee,  and  the  chairman  of  the  street  committee  of  the  city  council 
shall  constitute  a  police  trial  coiXimission,  and  such  commission  shall 
have  power,  under  rules  of  procedure  to  be  prescribed  by  ordinance  of 
such  city,  to  receive,  hear,  try,  and  determine  all  complaints  against 
policemen  of  such  city  for  violation  of  official  duty,  or  of  any  rule, 
regulation,  by-law,  or  ordinance  of  such  city,  and  shall  have  power  in 
such  behalf  to  condemn  or  acquit,  reprimand,  suspend,  or  remove  any 
policeman. 

Article  "VI. — Judicial  Department. 
Police  court. 

§  690.  A  police  court  is  hereby  established  in  such  city,  which  court 
shall  always  be  open,  except  upon  nonjudicial  days,  and  upon  such  days 
may  transact  criminal  business  only 

Jurisdiction. 

§  691.  The  police  court  of  such  city  shall  have  jurisdiction  of  the 
following  public  offenses  committed  within  such  city: 


815  MUNICIPAL   CORPORATION  BILL.  Act  2348,  §  C91 

1.  Petit  larceny; 

2.  Assault  or  battery,  not  charged  to  have  been  comniitteil  upon  a 
public  officer  in  the  discharge  of  his  official  duty  or  with  intent  to  kill; 

3.  Breaches  of  the  peace,  riots,  affrays,  committing  willful  injury  to 
property,  and  all  7nisdemeanors  punishable  by  fine  not  exceeding  five 
hundred  dollars,  or  by  imprisonment  not  exceeding  six  months,  or  by 
both  such  fine  and  imprisonment; 

4.  Of  proceedings  respecting  vagrants,  loud  or  disorderly   persons; 

5.  Of  all  proceedings  for  violation  of  any  ordinance  of  said  city,  both 
civil  and  criminal;  of  any  and  all  suits  to  recover  taxes,  general  or 
special,  levied  in  such  city  for  city  purposes,  and  of  all  suits  to  recover 
any  assessment  levied  in  such  city  for  the  improvement  of  streets, 
avenues,  levees,  sidewalks,  and  public  squares,  and  for  the  opening  or 
laying  out  of  the  same,  when  the  amount  of  said  tax  or  assessment 
sought  to  be  collected  against  the  person,  firm,  or  corporation  assessed 
is  less  than  three  hundred  dollars;  provided,  no  lien  upon  the  property 
taxed  or  assessed  for  the  nonpayment  of  the  taxes  or  assessment  is 
sought  to  be  foreclosed  by  said  suit; 

6.  Of  an  action  for  the  collection  of  money  due  to  such  city,  or  from 
the  city  to  any  person,  firm,  or  corporation,  when  the  amount  sought  to 
be   collected   is  less   than   three   hundred   dollars; 

7.  Of  an  action  for  the  breach  or  violation  of  any  official  bond  given 
by  any  city  officer,  and  for  the  breach  of  any  contract,  and  any  action 
for  damages  in  which  the  city  is  a  party,  or  is  in  any  way  interested, 
and  on  all  forfeited  recognizances  given  to  or  for  the  benefit  or  in  be- 
half of  such  city,  and  upon  all  bonds  given  upon  any  appeal  taken 
from  the  judgment  of  said  court  in  any  action  above  named,  when  the 
amount  claimed,  exclusive  of  cost,  is  less  than  three  hundred  dollars; 

8.  Of  an  action  for  the  recovery  of  personal  property  belonging  to  the 
city  when  the  value  of  the  property,  exclusive  of  the  damages  for  the 
taking   or   detention,  is  less   than  three  hundred   dollars; 

9.  Of  an  action  for  the  collection  of  any  license  required  by  any  ordi- 
nance of  the  city; 

10.  The  police  court  shall  have  exclusive  jurisdiction  of  all  proceed- 
ings mentioned  in  this  section;  and  no  justice  of  the  peace  in  such  city 
shall  have  power  to  try  and  decide  any  cases  of  the  classes  mentioned 
in  said  section;  provided,  that  any  justice  of  the  peace  of  such  city 
who  may  be  designated  in  writing  by  the  mayor,  or  president  of  the 
city  council  thereof,  for  the  purpose,  shall  have  power  to  preside  in  and 
hold  the  police  judge's  court  of  said  city  in  the  cases  in  which  the 
police  judge  is  a  party,  or  in  which  he  is  directly  interested,  or  when 
the  judge  is  related  to  either  party  by  consanguinity  or  affinity  within 
the  third  degree;  and  also  in  the  case  of  the  sickness  or  temporary  ab- 
sence of  the  judge,  or  his  inability  to  act  from  any  cause;  and  in  all 
such  cases,  and  during  such  sickness,  temporary  absence,  or  inability,  the 
justice  so  designated  shall  act  as  police  judge,  and  shall  have  and  exer- 
cise all  the  powers,  jurisdiction,  and  authority  which  are  or  may  be  by 
law  conferred  upon  said  court  or  judge. 


Act  2348,  §§  692-G96  GENERAL   LAWS.  816 

Powers  of  judge. 

§  692.  The  judge  of  said  court  shall  also  have  power  to  hear  cases 
for  examination,  and  may  commit  and  hold  the  offender  to  bail  for 
trial  in  the  proper  court,  and  may  try,  condemn,  or  acquit,  and  carry 
his  judgment  into  execution,  as  the  case  may  require,  according  to  law; 
and  to  punish  persons  guilty  of  contempt  of  court,  and  shall  have  power 
to  issue  warrants  of  arrest  in  cases  of  a  criminal  prosecution  for  the 
violation  of  a  city  ordinance,  as  well  as  in  case  of  the  violation  of  the 
criminal  law  of  the  state;  also,  all  subpoenas  and  all  other  processes 
necessary  to  the  full  and  proper  exercise  of  his  powers  and  jurisdiction 
in  all  criminal  trials  before  the  police  judge  for  the  violation  of  a  city 
ordinance,  as  well  as  in  cases  of  a  violation  of  the  criminal  law  of  the 
state,  made  triable  before  such  court;  the  defendant  shall  be  entitled, 
if  demanded  by  him,  to  a  jury  trial  but  a  trial  by  jury  may  be  waived 
by  the  defendant  in  all  such  cases,  and  upon  such  waiver  the  court  shall 
proceed  and  try  the   case. 

Dockets. 

§  693.  The  city  council  shall  furnish,  for  the  use  of  the  police  court, 
two  dockets;  one  shall  be  styled  The  city  criminal  docket,  in  which  all 
the  criminal  cases  shall  be  recorded,  and  each  case  shall  be  alphabeti- 
cally indexed;  the  other  shall  be  styled  The  city  civil  docket,  and  it 
shall  contain  a  record  of  every  civil  case  which  is  prosecuted  before 
said  court,  and  each  case  shall  be  properly  indexed,  and  in  all  cases 
the  dockets  shall  contain  all  such  entries  as  are  required  by  law  to  be 
made  in  the  justice's  docket;  and  in  any  case  commenced  or  tried  before 
the  court  the  docket  must  show  what  duties  were  performed  by  each 
officer,  and  the  amount  of  fees  due  to  the  officer  for  such  services,  and 
the  amount  of  money,  if  any,  collected. 

Appeals. 

§  694.  Appeals  from  the  police  court  may  be  taken  to  the  superior 
court  of  the  county  in  all  cases  cognizable  by  the  said  police  court, 
and  such  appeals  shall  be  taken  as  in  case  of  appeal  from  a  justice's 
court. 

City  and  district  attorney. 

§  695.  The  city  attorney  of  such  city  shall  prosecute  all  cases  for 
the  violation  of  any  lawful  order,  regulation,  or  ordinance  of  the  city 
council,  and  shall  prosecute,  conduct,  and  control  all  proceedings  in 
cases  mentioned  in  section  622  of  this  act,  both  in  the  police  court  and 
on  appeal  therefrom  to  the  superior  court,  but  the  district  attorney  shall 
attend  and  conduct  all  proceedings  of  the  nature  of  a  preliminary  ex- 
amination  before   said  police   court. 

Incarceration. 

§  696.  In  all  cases  when  the  police  court  is  authorized  to  impose  a 
fine  or  imprisonment,  or  both,  upon  persons  convicted  in  said  court  of 
any  offense  triable  therein,  the  said  court  may  sentence  the  offender  to 
be  imprisoned  in  the  <jity  jail,  if  there  be   one  established  by  the   city 


817  MUNICIPAL  CORPORATION  BILL.     Act  2348,  §§  697-699 

council,  if  not,  then  until  said  council  shall  designate  and  establish  a 
city  jail  or  prison,  may  sentence  offenders  to  be  imprisoned  in  the 
county  jail,  and  in  addition  to  imprisonment,  may  sentence  offenders 
to  be  employed  to  labor  in  the  city,  under  the  direction  of  the  chief  of 
police,  and  in  the  manner  prescribed  by  ordinance,  for  the  benefit  of  the 
city,  during  such  time  of  impvisonmeut,  and  may,  in  case  of  imposing 
a  fine,  embrace  as  a  part  of  the  sentence  that,  in  default  of  the  payment 
of  such  fine,  the  defendants  shall  be  imprisoned  and  required  to  labor 
for  the  benefit  of  the  city  as  before  provided,  at  the  rate  of  two  dollars 
a  day,  till  such  fine  is  satisfied.  Offenders  required  to  labor  under  the 
direction  of  the  chief  of  police  shall,  until  the  establishment  of  a  city 
jail,  be  returned  to  the  county  jail  at  the  end  of  each  day's  labor  during 
their  term  of  imprisonment,  until  a  city  jail  shall  be  by  the  city  council 
established.  It  is  hereby  made  the  duty  of  the  officer  having  the  con- 
trol or  charge  of  the  county  jail  of  the  county  wherein  such  city  is 
situated,  to  receive  and  safely  keep  all  persons  imprisoned  by  any  judg- 
ment or  order  of  the  police  court,  in  accordance  with  the  order  of 
commitment,  and  to  allow  those  to  be  removed  from  the  jail  under  the 
charge  of  the  chief  of  police,  who  are  required  to  labor  for  the  benefit 
of  the  city,  or  whom  the  police  judge  may  order  brought  forth  for  trial, 
and  the  keeper  of  the  jail  shall  in  no  way  be  responsible  for  the  safe- 
keeping of  such  prisoners  while  so  under  the  charge  of  the  chief  of 
police. 

Seal. 

§  697.  The  court  shall  have  a  seal,  to  be  provided  by  the  city,  and 
certified  transcripts  of  the  police  judge's  docket  and  the  seal  of  his  court 
shall  be  evidence  in  any  court  of  the  state  of  the  contents  of  the 
docket;  and  all  warrants,  and  other  processes  issued  out  of  said  court, 
and  ail  acts  done  by  said  police  judge  under  its  seal,  shall  have  the 
same  iorce  and  validity,  in  any  part  of  this  state,  as  though  issued  or 
done  by  any  court  of  record  of  this  state. 

Judge's  report. 

§  698.  The  police  judge  shall,  on  the  last  Saturday  of  each  month, 
make  to  the  city  council  a  full  report  of  all  the  cases  tried  in  his  court 
for  that  month,  in  which  the  city  may  be  interested,  and  at  the  same 
time  shall  pay  into  the  city  treasury  all  fines  and  other  moneys  collected 
on  buhalf  of  the  city  for  such   month. 

Salarle'J. 

§  '699,  The  city  council  of  such  city  shall  allow  to  the  police  ;)viage  an 
annual  salary  which  shall  not  exceed  the  sum  of  fifteen  hundred  dol- 
lars, and  to  the  chief  of  police  and  the  several  policemen  of  such  city 
ea^h  a  salary  which  shall  be  fixed  by  said  council.  The  salaries  of  the 
police  judge,  and  chief  of  police  and  policemen  shall  be  paid  from  time 
to  time  as  other  city  officers  and  as  the  council  may  determine.  The 
chief  of  police,  or  any  policeman  of  such  city,  is  hereby  authorized  and 
empowered  to  serve,  execute,  and  return  any  and  all  warrants  of  arrest, 
Gen.  Laws — 53 


Act  2348,  §§  700-711  GENERAL  LAWS.  818 

and  all  processes  directed  to  him  by  the  police  judge  of  said  city,  and 
to  arrest  all  persons  accused  or  guilty  of  the  violation  of  any  city 
ordinance,  or  of  any  public  offense,  and  to  do  and  perform  all  acts  and 
duties  which,  in  criminal  cases,  any  constable  of  the  county  may  law- 
fully do,  and  receive  like  fees  for  such  services;  provided,  the  city 
council  may,  in  their  discretion,  deduct  the  amount  so  received,  for  fees 
from  the  monthly  salary  of  such  officers,  or  order  the  same  paid  into 
the  city  treasury  for  the  use  and  benefit  of  the  city,  as  received  by 
said  officers  respectively;  provided,  that  nothing  in  this  charter  shall  be 
construed  as  authorizing  or  entitling  such  officers  to  charge  or  receive 
from  such  city,  or  the  county  wherein  situated,  any  fees  or  costs  in  any 
case  whatever,  nor  shall  such  city  or  county  be  liable  to  pay  any  fees, 
or  costs  to  such  officers  for  any  service  they  may  render  in  any  action 
or  proceeding,  either  civil  or  criminal.  The  chief  of  police  shall  attend 
the  session  of  the  police  court  when  required,  supervise  and  direct  the 
police  force  of  the  city,  and  perform  such  other  duties  as  may  be 
required  by  the  city  council  appertaining  to  the  government  of  the  city 
or  the  management  of  its  affairs,  not  especially  devolved  upon  some 
other  officer  named  in  this  chapter;  and  the  chief  of  police,  or  any  police- 
man, at  his  discretion,  shall  serve  all  notices  by  this  chapter  provided 
to  be  served,  in  which  the  city  is  in  any  way  interested,  and  the  return 
of  the  officer  serving  shall  be  evidence  of  the  facts  in  such  return 
stated,  but  none  of  such  officers  shall  serve  or  execute  any  civil  process, 
except  as  provided  in  this  chapter. 

Powers  of  justices. 

§700.  The  justices  of  the  peace  in  and  for  the  township  embracing 
such  city  shall  have  the  same  powers  as  the  same  officers  in  any  justice's 
court  of  the  county,  and  shall  have  and  may  exercise  like  powers  and 
authority;  provided,  however,  that  no  justice  of  the  peace  in  such  city 
shall  have  power  to  conduct  or  try  and  decide  any  proceedings  or  cases 
of  the  classes  mentioned  in  section  622  of  this  act;  but  nothing  in  this 
section  shall  be  construed  to  prevent  any  of  the  justices  in  said  city 
from  acting  as  police  judge. 

Interested  party  not  disqualified. 

§701.  The  interest  which  any  inhabitant  of  such  city  may  have  in 
a  penalty  for  the  breach  of  a  by-.'aw  or  ordinance  of  such  city  shull  not 
disqualify  said  inhabitant  to  act  as  judge,  juror,  or  witness  in  any  prose- 
cution to  recover  the  penalty. 

Article  VII. — School  Department. 
Board. 

§710.  The  board  of  education  of  such  city  shall  be  elected  as  in  this 
chapter  provided,  and  shall  consist  of  one  superintendent  and  two 
trustees  from  each  ward  in  the  city. 

Superintendent. 

§711.  The  superintendent  shaTl  be  ex-offic.io  secretary  of  the  board 
of  education,  and  shall  receive  for  his  services  a  salary  which  shall  not 


819  MUNICIPAL  CORPORATION  BILL.      Act  2348,  §§  712,  'J3 

exceed  eighteen  hundred  dollars  per  annum.  He  shall  report  to  the  fity 
council,  annually,  on  or  before  the  first  Monday  in  January,  and  at 
such  other  times  as  they  may  require,  all  matters  pertaining  to  the 
expenditures,  income,  condition,  and  progress  of  the  public  schools  of 
the  city  during  the  preceding  year,  together  with  such  accommodations 
[recommendations],  as  he  may  deem  proper,  and  shall,  at  the  regular 
meeting  of  the  board  of  education  in  June  of  each  year,  submit  to  the 
board  a  detailed  statement  of  the  amount,  as  near  as  may  be  ascer- 
tained, of  fuel,  blanks,  blank-books,  apparatus,  stationery,  and  such 
other  articles,  materials,  or  supplies,  including  books  for  indigent  chil- 
dren, as  may  be  necessary  for  the  use  of  the  city  schools  and  the  board 
for  one  3'ear  following.  He  shall  have  power  to  administer  oaths  and 
aOirmations  concerning  any  demand  upon  the  treasury  payable  out  o^ 
the  school  fund,  or  other  matters  relating  to  his  official  duties.  [Amend- 
ment approved  March  14,  1885.  Stats.  1885,  p.  134.  In  force  from  and 
after  its  passage.] 

Advertisement  for  supplies. 

§  712.  The  board  of  education  shall,  upon  the  receipt  of  the  state- 
ment from  the  superintendent,  as  in  the  preceding  section  provided, 
advertise  for  the  space  of  five  successive  days  in  some  newspaper  pub- 
lished in  such  city,  for  sealed  proposals  for  furnishing  the  articles  in 
said  statement  specified.  Said  advertisement  shall  designate  a  day  after 
the  expiration  of  the  publication  aforesaid  when  said  proposals  will  be 
considered,  at  which  time  the  board  or  a  committee  thereof  by  the 
board  for  such  purpose  designated,  shall  meet  and  publicly  open  and 
declare  the  proposals  received  and  shall  thereupon  award  the  contract 
therefor  to  the  lowest  responsible  bidder  or  bidders,  in  each  case;  pro- 
vided, that  all  bids  may  be  rejected  if  deemed  too  high.  Said  board 
may,  in  their  discretion,  require  a  good  and  sufficient  bond  with  two 
or  more  sureties,  to  be  filed  by  each  bidder,  in  the  sum  of  two  hundred 
dollars,  conditioned  for  the  fulfillment  of  his  proposal  in  case  of  the 
acceptance  thereof. 

Pov/ers  of  board. 

§  713.  Subject  to  and  in  accordance  with  the  directions  and  pro- 
visions of  this  chapter,  the  board  of  education  shall  have  full  power: 

Establish  schools. 

1.  To  establish  and  maintain  public  schools,  including  high  school, 
and  fix  and  alter  the  boundaries  of  the  district  thereof. 

Employees. 

2.  To  employ  and  dismiss  teachers,  janitors,  and  other  necessary  help, 
and  to  fix,  alter,  allow,  and  order  paid  their  salaries  or  compensation, 
and  to  employ  and  pay  such  mechanics  and  laborers  as  may  be  neces- 
sary to  carry  "into  effect  the  powers  and  duties  of  the  board,  and  to  with- 
hold, for  good  and  sufficient  cause,  the  whole  or  any  part  of  the  salary 
or  wages  of  any  person  or  persons  employed  as  aforesaid. 


Act  2348,  §  713  GENERAL  LAWS.  820 

Regulation  of  schools. 

3.  To  make,  establish^  and  enforce  all  necessary  and  proper  rules  and 
regulations  not  contrary  to  law,  for  the  government  and  progress  of  the 
public  schools  within  the  city,  the  pupils  therein  and  the  teachers 
thereof,  and  for  carrying  into  effect  the  laws  relating  to  education;  also, 
to  establish  and  regulate  the  grade  of  schools,  and  determine  what  course 
of  study  and  mode  of  instruction  shall  be  used  in  said  schools. 

Building  and  repairs. 

4.  To  build,  alter,  repair,  rent,  and  provide  sehoolhouses,  and  the 
same  furnish  with  lights,  water,  proper  school  furniture,  apparatus,  and 
school  appliances,  and  to  insure  any  and  all  school  property. 

Beal  estate. 

5.  .To  receive,  purchase,  lease,  and  hold  in  fee,  in  trust  for  such  city, 
any  and  all  real  estate;  and  to  hold  in  trust  any  personal  property  that 
may  have  been  or  may  hereafter  be  acquired  for  the  use  and  benefit  of 
the  public  schools  of  such  city. 

Improvements. 

6.  To  grade,  fence,  and  improve  school  lots,  and  in  front  thereof  to 
grade,  sewer,  plank,  or  pave  and  repave,  and  to  construct  and  repair 
sidewalks. 

Legal  privileges. 

7.  To  sue  for  any  and  all  lots,  lands,  and  property  belonging  to  or 
claimed  by  the  said  school  department;  and  to  prosecute  and  defend  all 
actions  at  law  or  in  equity  necessary  to  recover  and  maintain  the  full 
enjoyment  and  possession  of  said  lots,  lands,  and  property,  and  to  employ 
and  pay  counsel  in  such  cases. 

To  determine  amount  of  money  needed. 

8.  To  determine  annually  the  amount  of  taxation,  not  exceeding  thirty- 
five  cents  on  each  one  hundred  dollars  valuation  on  the  assessment-roll, 
to  be  raised  upon  the  real  and  personal  property  within  the  city  not 
exempt  from  taxation,  for  the  establishment  and  support  of  free  public 
schools  therein;  and  for  carrying  into  effect  all  the  provisions  of  law 
regarding  public  schools,  and  the  amount  so  determined  by  said  board 
of  education  shall  be  reported  in  writing  to  the  city  council  on  or 
before  the  first  Monday  of  April  of  each  year;  and  the  said  city  council 
are  hereby  authorized  and  required  to  levy  and  cause  to  be  collected, 
at  the  time  and  in  the  manner  of  levying  other  city  taxes,  the  amount 
of  taxation  so  determined  and  reported  to  them  by  the  said  board  of 
education,  as  school  tax,  upon  all  taxable  property  in  the  city;  and  said 
tax  shall  be  in  addition  to  all  other  amounts  levied  for  city  purposes. 

Disbursements. 

9.  To  establish  regulations  for  the  just  and  equal  disbursement  of  all 
moneys  belonging  to  the  "public-school  fu]id." 


821  MUNICIPAL  CORPORATION  BILL.      Act  2348,  §§  714,  715 

Demands. 

10.  To  examine  and  allow,  in  whole  or  in  part,  every  demand  payable 
out  of  the  school  fund,  or  to  reject  any  such  demand  for  good  cause,  of 
which  the  board  shall  be  sole  judge. 

Encumbrances. 

11.  To  discharge  all  legal  encumbrances  now  existing,  or  which  may 
hereafter  exist,  upon  any  school  property. 

Age  limit. 

12.  To  prohibit  any  child  under  six  years  of  age  from  attending  the 
public  schools. 

Other  acts. 

13.  And  generally  to  do  and  perform  such  other  acts  as  may  be  neces- 
sary and  proper  to  carry  into  for*:e  and  effect  the  powers  conferred  on 
said  board. 

Fund  to  be  diverted. 

14.  To  use  and  apply  the  school  fund  of  the  city  for  the  purposes  in 
this  section  heretofore  named,  and  for  no  other  purpose  whatever. 

Nonresidents. 

15.  To  admit  nonresident  children  to  any  of  the  departments  of  the 
schools  of  such  city  upon  the  payment,  at  such  time  as  said  board  may 
direct,  of  tuition  fee,  to  be  fixed  by  said  board. 

Board  of  examination. 

§71-4.  No  teacher  shall  be  employed  in  any  of  the  public  schools  of 
^uch  city  without  having  a  certificate  of  the  proper  grade,  issued  under 
the  provisions  of  this  chapter.  For  the  purpose  of  granting  certificates 
recjuired,  the  board  of  education,  either  as  a  body  or  by  a  board  of 
examination  appointed  by  said  board  of  education,  and  of  which  the 
superintendent  shall  be  president,  shall  hold  examinations  of  teachers. 
No  certificate  shall  be  issued  except  to  a  persoia  who  shal'  have  passed 
a  satisfactory  examination  in  such  branches  as  the  board  may  require, 
and  shall  have  given  evidence  of  good  moral  character,  ability,  and  fit- 
ness to  teach.  Examinations  of  teachers  must  be  held  semi-annually, 
at  such  times  as  the  board  may  determine. 

Revocation  and  renewal. 

§715.  The  board  may,  in  its  discretion,  renew  without  re-examina- 
tion the  certificate  of  any  person  so  employed.  It  shall  have  power  to 
revoke  the  certificate  of  any  teacher  upon  evidence  of  immoral  or  unpro- 
fessional conduct  or  incompetency,  and  shall  always  have  the  power  to 
dismiss  any  and  all  teachers,  and  to  alter  the  amount  of  salary  or 
compensation  paid  to  either  or  any  of  them.  The  board  of  education 
may  also,  without  examination,  grant  certificates  and  fix  the  grade 
thereof  to  the  holders  of  life  diplomas,  state  educational  diplomas,  normal 


Act  2348,  §§  716-719  GENERAL  LAWS.  82:3 

scliool  diplomas,  state  university  diplomas,  and  to  the  holders  of  such 
state  and  county  certificates  as  were  in  full  force  and  effect  on  the 
first  day  of  January,  eighteen  hundred  and  eighty. 

Board  must  visit. 

§716.  It  sliall  he  the  duty  of  the  board  of  education  to  visit  and 
examine  each  school  at  least  once  each  and  every  month;  to  observe, 
and  cause  to  be  observed,  such  general  rules  for  the  regulation  and 
government  and  instruction  of  the  schools,  not  inconsistent  with  the 
laws  of  the  state,  as  may  be  established  by  the  board. 

School  fund,  how  constituted  and  applied. 

§717.  The  public  school  fund  of  such  city  shall  consist  of  all  moneys 
received  from  the  state  and  county  school  fund;  of  all  moneys  arising 
from  taxes  which  shall  be  levied  by  the  city  council  for  school  pur- 
poses; of  all  moneys  arising  from  the  sale,  rent,  or  exchange  of  school 
property,  and  of  such  other  moneys  as  may  from  any  source  whatever 
be  paid  into  said  school  fund;  which  fund  shall  be  kept  separate  and 
distinct  from  all  other  moneys,  and  shall  only  be  used  for  school  pur- 
poses under  the  provisions  of  this  chapter.  No  fees  or  commission  shall 
be  allowed  or  paid  for  assessing,  collecting,  keeping,  or  disbursing  of 
school  moneys;  and  if  at  the  end  of  the  fiscal  year  any  surplus  remains 
in  the  school  fund,  such  surplus  money  shall  be  carried  forward  to  the 
school  fund  of  the  next  fiscal  year,  and  no  part  of  the  school  fund  shall 
be  for  any  purpose  or  in  any  manner  whatever  diverted  or  withdrawn 
from  said  fund,  except  as  in  this  chapter  provided. 

Approval  of  claims. 

§  718.  All  claims  payable  out  of  the  school  fund  shall  be  filed  with 
the  secretary  of  the  board,  and  shall  be  approved  by  a  majority  of  all 
the  members  of  the  board,  and  certificate  of  such  approval  shall  be 
indorsed  thereon;  whereupon  the  secretary  of  said  board  shall  draw  a 
warrant  upon  the  city  treasurer  for  the  payment  thereof,  which  war- 
rant shall  be  countersigned  by  the  superintendent.  All  demands  for 
salaries  of  teachers  and  compensation  of  janitors  shall  be  payable 
monthly  in  the  same  manner  without  presentation  of  claims  therefor. 

Payment  of  demands. 

§  719.  All  demands  authorized  by  this  article,  and  by  the  board  ap- 
proved as  aforesaid,  shall  be  paid  by  the  city  treasurer  from  the  school 
fund  upon  the  presentation  of  the  warrants  therefor;  provided,  that  the 
board  of  education  shall  not,  without  the  consent  of  the  city  council 
first  had,  have  power  to  create  any  debts  or  liability  in  any  one  year 
to  exceed  the  actual  revenue  or  available  means  in  the  city  treasury 
under  the  control  of  the  board,  and  justly  applicable  for  school  purposes 
for  such  year. 


MUNICIPAL   CORPORATION  BILL.     Act  2348,  §§  750-752 


CHAPTER  VI. 

Municipal  Corporations  of  the  Fifth  Class. 

(A  charter  for  cities  having  a  population   of   more  than  3^000   and  not 

exceeding  10,000.) 

Article  I. — General  Powers. 
Fifth  class. 

§750.     Every  munifipal  corporation  of  the  fifth  class  slinll  be  eiititlcd 

the   city  of  (naming  it),   and   by  such   name   shall   have   perpetual 

succession,  may  sue  and  be  sued  in  all  courts  and  places,  and  in  all 
proceedings  whatever;  shall  have  and  use  a  common  seal,  alterable  at 
the  pleasure  of  the  city  authorities,  and  may  purchase,  lease,  receive, 
hold,  and  enjoy  real  and  personal  property,  and  control  and  dispose  of 
the  same  for  the  common  benefit. 

Article  II. — General  Provisions  Relating  to  Ofiicers. 
Officers. 

§  751.  The  government  of  said  city  shall  be  vested  in  a  board  of 
trustees,  to  consist  of  five  members;  a  board  of  education,  to  consist  of 
five  members;  and  whenever  a  free  public  library  and  reading-room  is 
established  therein,  five  trustees  thereof;  a  recorder;  a  treasurer;  a 
clerk;  an  attorney;  a  marshal;  an  assessor,  and  such  subordinate  officers 
as  are  hereinafter  provided  for;  provided,  that  the  board  of  trustees 
may,  in  its  discretion,  by  an  ordinance  adopted,  published  and  recorded 
as  required  for  general  ordinances,  at  least  thirty  days  before  a  general 
city  election,  at  which  city  officers  are  to  be  elected,  unite  and  con- 
solidate certain  offices,  by  declaring: 

1.  The  city  marshal  elected  shall  be  ex-officio  superintendent  of  streets, 
/,nd  health  officer; 

2.  The  city  clerk  elected  shall  be  ex-officio  recorder  and  assessor; 

3.  The  city  treasurer  elected  shall  be  ex-officio  city  tax  collector  and 
/icense  tax  collector; 

4.  The  city  attorney  elected  shall  be  ex-officio  city  clerk.  [Amendment 
approved  February  28,  1901.     Stats.  1901,  p.  70.     In  effect  immediately.] 

Election  and  terms  of  office. 

§  752.  The  members  of  the  board  of  trustees,  and  of  the  board  of 
education,  and  the  city  clerk,  city  attorney,  assessor,  marshal,  treas- 
urer, and  recorder  shall  be  elected  by  the  qualified  electors  of  said  city 
at  a  general  municipal  election,  to  be  held  therein  on  the  second 
Monday  in  April,  nineteen  hundred  and  three,  and  on  the  second  Monday 
in  April  of  each  fourth  year  thereafter  and  shall  hold  office  for  the 
period  of  four  years  from  and  after  the  Monday  next  succeeding  the 
day  of  such  election,  and  until  their  successors  are  elected  and  quali- 
fied; provided,  that  a  general  municipal  election  shall  be  held  in  snid 
city  on  the  second  Monday  in  April,  nineteen  hundred  and  five,  for  the 
election  of  successors  to  the  members  of  the  board  of  trustees  and  of 
\,he  board  of   education  whose   terms  of  office   expire   during  said  year, 


Act  2348,  §§  753-756  GENERAL  LAWS.  824 

and  said  successors  shall  hold  office  for  the  period  of  two  years  from 
and  after  the  Monday  next  succeeding  the  day  of  such  election,  and 
until  their  successors  are  elected  and  qualified.  The  board  of  trustees 
may  in  their  discretion  appoint  a  poundmaster,  also  a  superintendent  of 
streets,  and  a  city  engineer,  all  of  whom  shall  hold  office  during  the 
pleasure  of  the  board.  [Amendment  approved  February  26,  1903.  Stats, 
1903,  p.  40.     In  effect  immediately.] 

Official  bonds. 

§  753,  The  clerk,  treasurer,  city  attorney,  and  marshal  shall,  re- 
spectively, before  entering  upon  the  duties  of  their  respective  offices, 
each  execute  a  bond  to  such  city  in  such  penal  sum  as  the  board  of 
trustees  by  ordinance  may  determine,  conditioned  for  the  faithful  per- 
formance of  his  duties,  including  in  the  same  bond  the  duties  of  all 
offices  of  which  he  is  made  by  this  chapter  ex-officio  incumbent.  Such 
bonds  shall  be  approved  by  the  board  of  trustees.  All  bonds,  when 
approved,  shall  be  filed  with  the  clerk,  except  the  bond  of  the  clerk, 
which  shall  be  filed  with  the  president  of  the  board  of  trustees.  All 
the  provisions  of  any  law  of  this  state  relating  to  the  official  bonds  of 
officers  shall  apply  to  such  bonds  except  as  herein  otherwise  provided. 
Every  officer  of  such  city,  before  entering  upon  the  duties  of  his  office, 
shall  take  and  file  with  the  clerk  tne  constitutional  oath  of  office. 

Vacancies. 

§754.  Any  vacancy  occurring  in  any  of  the  offices  provided  for  in 
this  act  shall  be  filled  by  appointm.ent  by  the  board  of  trustees;  but  if 
such  office  be  elective,  such  appointee  shall  hold  office  only  until  the 
next  regular  election,  at  which  time  a  person  shall  be  elected  to  serve 
for  the  remainder  of  such  unexpired  term.  In  case  a  member  of  the 
board  of  trustees  is  absent  from  the  city  for  the  period  of  ninety  days, 
unless  by  permission  of  the  board  of  trustees,  his  office  shall  by  the 
board  be  declared  vacant,  and  the  same  filled  as  in  case  of  other 
vacancies. 

Compensation. 

§755.  The  members  of  the  board  of  trustees  shall  receive  no  com- 
pensation whatever,  except  while  acting  as  a  board  of  equalization. 
The  treasurer,  assessor,  marshal,  clerk,  and  recorder  shall  severally  re- 
ceive at  stated  times,  a  compensation  to  be  fixed  by  ordinance,  by  the 
board  of  trustees,  which  compensation  shall  not  be  increased  or  dimin- 
ished after  their  election,  or  during  their  several  terms  of  office.  Noth- 
ing herein  contained  shall  be  construed  to  prevent  the  board  of  trustees 
from  fixing  such  several  amounts  of  compensation,  in  the  first  instance, 
during  the  term  of  office  of  any  such  officer,  or  after  his  election.  The 
compensation  of  all  other  officers  shall  be  fixed  from  time  to  time  by 
the  board  of  trustees.  [Amendment  approved  March  19,  1889.  Stats. 
1889,  p.  389.     In  effect  immediately.] 

Election  regulations. 

§756.  All  elections  in  such  city  shall  be  held  in  accordance  with  the 
general  electisn  laws  *f  the   state,   so   far  as   the  same  may  be   made 


825  MUNICIPAL   CORPORATION   BILL.      Act  2348,  §§  757-760 

ftppJicable,  and  no  person  shall  be  entitled  to  vote  at  such  election 
unless  he  shall  be  a  qualified  elector  of  the  county,  enrolled  upon  the 
grsat  register  thereof,  and  shall  have  resided  in  such  city  for  at  least 
thirty  days  next  preceding  such  election.  The  board  of  trustees  shall 
give  such  notice  of  each  election  as  may  be  prescribed  by  ordinance, 
shall  appoint  boards  of  election,  and  fix  their  compensation,  and  estab- 
lish election  precincts  and  polling-places,  and  may  cliange  the  same; 
provided,  that  no  part  of  any  ward  less  than  the  whole  thereof  shall 
be  attached  to  any  other  ward,  or  part  thereof,  in  forming  election  pre- 
cincts. At  any  municipal  election  the  last  printed  great  register  of  the 
county  shall  be  used,  and  any  elector  whose  name  is  not  upon  such 
printed  register  shall  be  entitled  to  vote,  upon  producing  and  filing  with 
the  board  of  election  a  certificate,  under  the  hand  and  official  seal  of 
the  county  clerk,  showing  that  his  name  is  registered  and  uncanceled 
upon  the  great  register  of  such  county,  provided  that  he  is  otherwise 
entitled  to  vote. 

Eligibility  to  office. 

§757,  No  person  shall  be  eligible  to  or  hold  any  office  in  such  city, 
whether  filled  by  election,  or  appointment,  unless  he  be  a  resident  and 
elector  therein,  and  shall  have  resided  in  such  city  for  one  year  next 
preceding  the  date  of  such  election  or  appointment. 

Free  library. 

§  758.  The  trustees  of  any  free  public  library  created  or  existing  in 
such  city  under  the  provisions  of  an  act  entitled  "An  act  to  establish 
free  public  libraries  and  reading-rooms,"  approved  April  twenty-sixth, 
eighteen  hundred  and  eighty,  shall  be  elected  by  the  qualified  electors 
of  said  city,  at  a  general  municipal  election  to  be  held  therein  o.n  the 
second  Monday  in  April  next  succeeding  the  passage  and  approval  of 
tliis  act,  and  shall  hold  office  for  the  period  of  four  years  from  and 
after  the  Monday  next  succeeding  the  day  of  such  election,  and  until 
their  successors  are  elected  and  qualified.  In  case  a  vacancy  shall  occur 
in  the  oihce  of  trustee  of  such  free  public  library  and  reading-room, 
the  board  of  trustees  of  said  free  public  library  and  reading-room  shall 
choose  a  person  to  fill  such  vacancy,  who  shall  serve  until  the  next 
general  municipal  election,  when,  if  the  term  docs  not  then  expire,  a 
person  shall  be  elected  to  serve  for  the  remainder  of  such  unexpired  term, 
[Amendment  approved  April  1,  1897.  Stats.  1897,  p.  403.  In  effect  im- 
mediately.] 

Article  III. — Legislative  Department. 

Board  of  trustees. 

§  760.  The  board  of  trustees  shall  meet  on  the  Monday  next  suc- 
ceeding the  date  of  said  general  municipal  election,  shall  take  the  oath 
of  office,  shall  choose  one  of  their  number  president,  and  shall  hold 
regular  meetings  at  least  once  in  each  month,  at  such  times  as  they 
shall  fix  by  ordinance.  Special  meetings  may  be  called  at  any  time  by 
the  president  of  the  board  or  by  three  trustees,  by  written  notice  deliv- 
ered to  each  member  at  least  three  hours  before  the  time  specified  for 


Act  2348,  §§  761-764  GENERAL  LAWS.  826 

the  proposed  meeting.  All  meetings  of  the  board  of  trustees  shall  be 
held  within  the  corporate  limits  of  the  city,  at  such  place  as  may  be 
designated  by  ordinance,  and  shall  be  public. 

Meetings. 

§761.  At  any  meeting  of  the  board  of  trustees,  a  majority  of  the 
trustees  shall  constitute  a  quorum  for  the  transaction  of  business,  but 
a  less  number  may  adjourn  from  time  to  time,  and  may  compel  the 
attendance  of  absent  members  in  such  manner  and  under  such  penalties 
as  may  be  prescribed  by  ordinance.  The  president  of  the  board  shall 
preside  at  all  meetings  of  the  board,  and  in  case  of  his  absence,  the 
board  may  appoint  a  president  pro  tem.;  and  in  case  of  the  absence 
of  the  clerk,  the  president  or  president  pro  tem.  shall  appoint  one  of 
the  members  of  the  board  clerk  pro  tem. 

Rules, 

§762,  The  board  of  trustees  shall  judge  of  the  qualifications  of  its 
members  and  of  all  election  returns,  and  determine  contested  elections 
of  all  city  officers.  They  may  establish  rules  for  the  conduct  of  their 
proceedings,  and  punish  any  member,  or  other  person,  for  disorderly 
behavior  at  any  meeting.  They  shall  cause  the  clerk  to  keep  a  correct 
journal  of  all  their  proceedings,  and,  at  the  desire  of  any  member, 
shall  cause  the  ayes  and  noes  to  be  taken  on  any  question,  and  entered 
on  the  journal. 

Limitation  on  passage  of  ordinances, 

§  763.  No  resolution  granting  any  franchise,  and  no  ordinance  for 
any  purpose,  shall  be  passed  by  the  board  of  trustees  on  the  day  of  its 
introduction,  nor  within  five  days  thereafter,  nor  at  any  other  than  a 
regular  meeting,  or  an  adjourned  regular  meeting,  and  no  such  resolu- 
tion and  no  ordinance  granting  any  franchise  shall  be  passed  without 
being  first  submitted  to  the  city  attorney.  No  resolution  or  order  for 
the  payment  of  money  shall  be  passed  at  any  other  than  a  regular  meet- 
ing, or  an  adjourned  regular  meeting,  and  no  resolution  or  order  for 
the  payment  of  money,  no  resolution  granting  a  franchise,  and  no  or- 
dinance for  any  purpose,  shall  have  any  validity  or  effect  unless  passed 
by  the  affirmative  vote  of  at  least  three  trustees.  [Amendment  ap- 
proved March  19,  1889,     Stats,  1889,  p,  389,     In  effect  immediately,] 

Powers  of  board, 

§  764.     The  board  of  trustees  of  such  city  shall  have  power: 

1.  To  pass  ordinances  not  in  conflict  with  the  constitution  and  laws 
of  this  state,  or  of  the  United  States. 

2.  To  purchase,  lease,  or  receive  such  real  estate  and  personal  prop- 
erty as  may  be  necessary  or  proper  for  municipal  purposes,  and  to  con- 
trol, dispose  of,  and  convey  the  same  for  the  benefit  of  the  city;  pro- 
vided, that  they  shall  not  have  any  power  to  sell  or  convey  any  portion 
of  any  waterfront;  but  may  rent  such  waterfront  for  a  term  not  exceed- 
ing ten  years  for  the  purpose  of  erecting  bathhouses  thereon. 


827  MUNICIPAL  CORPORATION  BILL.  Act  2348,  §  764 

3.  To  contract  for  supplying  the  said  city  with  water,  and  gas,  and 
electric  lights  or  other  lights  for  municipal  purposes;  to  purchase,  lease, 
construct  or  otherwise  acquire  waterworks,  electric  plants,  and  gas- 
works or  plants  or  any  of  same,  and  all  machinery,  conductors,  lands, 
appliances  and  all  other  things  needed  therefor,  and  to  supply  said  city 
with,  and  to  sell  to  the  inhabitants  of  said  city,  gas,  electric  light  or 
other  light,  and  heat,  and  power;  provided  that  no  such  purchase  or 
lease  shall  be  made  unless  the  question  of  acquiring  such  property  is 
submitted  to  the  voters  of  such  city  in  the  same  manner  as  other  prop- 
ositions, at  a  general  or  special  municipal  election,  and  a  majority  of 
the  electors,  voting  at  such  election  shall  vote  in  favor  of  such  prop- 
osition. 

4.  To  establish,  build  and  repair  bridges;  to  establish,  lay  out,  alter, 
keep  open,  open,  improve  and  repair  streets,  sidewalks,  alleys,  squares,  and 
other  public  highways  and  places  within  the  city,  and  to  drain,  sprinkle, 
oil,  and  light  the  same;  to  remove  all  obstructions  therefrom;  to  estab- 
lish the  grades  thereof;  to  grade,  pave,  macadamize,  gravel  and  curb 
the  same  in  whole  or  in  part,  and  to  construct  gutters,  culverts,  side- 
walks, and  cross-walks  therein;  or  upon  any  part  thereof;  to  cause  to 
be  planted,  set  out,  and  cultivated,  shade  trees  therein;  and  generally  to 
manage  and  control  all  such  highT\ays  and  places. 

5.  To  establish,  construct  and  maintain  drains  and  sewers,  and  to 
provide  by  ordinance  for  a  general  system  of  sewers,  and  the  expense 
of  building  and  maintaining  the  same. 

6.  To  provide  fire-engines  and  all  other  necessary  or  proper  apparatus 
for  the  prevention  and  extinguishment  of  fires. 

7.  To  impose  and  collect  from  every  male  inhabitant  between  the 
ages  of  twenty-one  and  sixty  j'ears,  an  annual  street  poll-tax,  not  ex- 
ceeding two  dollars,  and  no  other  road  poll-tax  shall  be  collected  within 
the  limits  of  such  city;  provided,  that  any.  member  of  a  volunteer  fire 
company  in  such  city  shall  be  exempt  from  such  tax. 

8.  To  impose  and  collect  an  annual  license,  not  exceeding  two  dollars 
on  every  dog  owned  or  harbored  within  the  limits  of  the  city. 

9.  To  levy  and  collect  annually  a  property  tax,  which  shall  be  appor- 
tioned as  follows:  For  the  general  fund,  not  exceeding  sixty  cents  on 
each  one  hundred  dollars;  for  strcft  fund,  not  exceeding  thirty  cents 
on  each  one  hundred  dollars;  for  school  fund,  not  exceeding  twenty-five 
cents  on  each  one  hundred  dollars;  for  sewer  fund,  not  exceeding  ten 
cents  on  each  one  hundred  dollars.  The  levy  for  all  purposes  for  any 
one  year  for  all  purposes  to  which  such  funds  are  applicable  shall  not 
exceed  one  dollar  on  each  one  hundred  dollars  of  the  assessed  value  of 
all  real  and  personal  property  within  such  city. 

10.  To  license,  for  purposes  of  regulation  and  revenue,  all  and  every 
kind  of  business,  including  the  sale  of  intoxicating  liquors,  authorized 
by  law  and  transacted  or  carried  on  in  such  city,  and  all  shows,  ex^ii- 
bitions,  and  lawful  games  carried  on  therein;  to  fix  the  rates  of  licens?5 
upon  the  same,  and  to  provide  for  the  collection  of  the  sajne  by  suit  «r 
otherwise. 


Act  2348,  §  764  GENERAL  LAWS.  828 

11.  To  improve  the  rivers  and  streams  flowing  through  snch  city,  or 
adjoining  the  same;  to  widen,  straighten,  and  deepen  the  channels 
thereof,  and  to  remove  obstructions  therefrom;  to  improve  the  water- 
front of  the  city,  and  to  construct  and  maintain  embankments  and  other 
works  to  protect  such  city  from  overflow. 

12.  To  erect  and  maintain  buildings  for  municipal  purposes. 

13.  To  permit,  under  such  restrictions  as  they  may  deem  proper,  the 
laying  of  railroad  tracks  and  the  running  of  cars  drawn  by  horses, 
steam,  electricity,  or  other  power  thereon,  and  the  laying  of  gas  or 
water  pipes  in  the  public  streets,  and  to  construct  and  maintain,  and 
to  permit  the  construction  and  maintenance  of  telephone,  telegraph  and 
electric  light  lines  therein. 

14.  In  its  discretion  to  divide  the  city,  by  ordinance,  into  a  con- 
venient number  of  wards,  not  exceeding  five,  to  fix  the  boundaries  thereof, 
and  to  change  the  same  from  time  to  time;  provided,  that  no  change 
in  the  boundaries  of  any  ward  shall  be  made  within  sixty  days  next 
before  the  date  of  said  general  municipal  election,  or  within  twenty 
months  after  the  same  shall  have  been  established  or  altered.  When- 
ever such  city  shall  be  divided  into  wards,  the  boards  of  trustees  shall 
designate  by  ordinance  the  number  of  trustees  to  be  elected  from  each 
ward,  apportioning  the  same  in  proportion  to  the  population  of  such 
ward;  and  thereafter  the  trustees  so  designated  shall  be  elected  by  the 
qualified  electors  resident  in  such  ward,  or  by  the  general  vote  of  the 
whole  city,  as  may  be  designated  in  such  ordinance. 

15.  To  appoint  and  remove  such  policemen  and  such  other  subordinate 
officers  as  they  may  deem  proper,  and  to  fix  their  duties  and  compen- 
sation. 

16.  To  impose  fines,  penalties,  and  forfeitures  for  any  and  all  viola- 
tions of  ordinances,  and  for  any  breach  or  violation  of  any  ordinance  to 
fix  the  penalty  by  fine  or  imprisonment,  or  both,  but  no  such  fine  shall 
exceed  three  hundred  dollars,  nor  the  term  of  such  imprisonment  exceed 
three  months. 

17.  To  cause  all  persons  imprisoned  for  violation  of  any  ordinance  to 
labor  on  the  streets,  or  other  property  or  works  within  the  city. 

18.  To  establish  fire  limits,  and  the  same  to  alter  at  pleasure;  to  regu- 
late or  prevent  the  erection  of  wooden  or  other  buildings  or  structures 
of  combustible  materials;  to  regulate  the  construction  of  all  buildings, 
shades,  awnings,  signs,  or  any  structure  of  a  dangerous  or  unsafe  char- 
acter; to  provide,  by  regulation,  for  the  prevention  and  summary  re- 
moval of  all  filth  and  garbage  in  the  streets,  sloughs,  alleys,  backyards 
or  public  grounds  of  such  city,  or  elsewhere  therein;  to  regulate  or  pro- 
hibit the  storage  of  gunpowder  and  combustible  or  explosive  materials 
of  every  kind  and  nature  within  the  city  limits,  and  to  prescribe  the 
limits  in  which  the  same  may  be  kept  or  stored. 

19.  To  do  and  perform  any  and  all  other  acts  and  things  necessary 
and  proper  to  carry  out  the  provisions  of  this  chapter,  and  to  exact 
and  enforce  within  the  limits  of  such  city  all  other  local,  police,  sanitary, 
and  other  regulations  as  do  not  conflict  with  general  laws.  [Amendment 
approved  April  16,  1909.     Stats.  1909,  £^  937.     In  effect  immediately.] 


629  MUNICIPAL   CORPORATION  BILL.      Act  2348,  §§  765-768 

Enacting  clause  of  ordinances. 

§  765.  The  enacting  clause  of  all  ordinances  shall  be  as  follows:  "The 
board  of  trustees  of  the  city  of  do  ordain  as  follows."  Every  or- 
dinance shall  be  signed  by  the  president  of  the  board  of  trustees,  attested 
by  the  clerk,  and  published  at  least  once  in  a  newspaper  published  in 
such  city,  or  printed  and  posted  in  at  least  three  public  places  therein. 
It  shall  not  be  necessary  in  any  action,  civil  or  criminal,  to  plead  or 
prove  the  organization  or  existence  of  such  corporation,  nor  the  passage, 
existence,  or  validity  of  any  ordinance  thereof;  and  courts  shall  take 
judicial  cognizance  thereof  without  proof.  [Amendment  approved  March 
19,  1889.     Stats.  1889,  p.  389.     In  effect  immediately.] 

Board  to  audit  demands. 

§766.  All  demands  against  such  city,  except  as  otherwise  by  law 
provided,  shall  be  presented  to  and  audited  by  the  board  of  trustees, 
in  accordance  with  such  regulations  as  they  may  by  ordinance  pre- 
scribe; and  upon  the  allowance  of  any  such  demand,  the  president  of 
the  board  shall  draw  a  warrant  upon  the  treasurer  for  the  same,  which 
warrant  will  be  countersigned  by  the  clerk,  and  shall  specify  for  what 
purpose  the  same  is  drawn,  and  out  of  what  fund  it  is  to  be  paid. 
[Amendment  approved  March  19,  1889.  Stats.  1889,  p.  389.  In  effect 
immediately.] 

Indebtedness  not  to  exceed  moneys  provided. 

§767.  The  board  of  trustees  shall  not  create,  audit,  allow,  or  permit 
to  accrue  any  debt  or  liability  in  excess  of  the  available  money  in  the 
treasury  that  may  be  legally  apportioned  and  appropriated  for  such 
purposes,  except  in  the  manner  provided  by  law  for  incurring  indebt- 
edness; provided,  that  any  city  during  the  first  year  of  its  existence 
under  this  act  may  incur  such  indebtedness  or  liability  as  may  be  neces- 
sary, not  exceeding  in  all  the  income  and  revenue  provided  for  it  for 
such  year;  nor  shall  any  warrant  be  drawn,  or  evidence  of  indebtedness 
be  issued,  unless  there  be  at  the  time  sufficient  money  in  the  treasury 
legally  applicable  to  the  payment  of  the  same,  except  as  hereinbefore 
provided.  [Amendment  approved  March  19,  1889.  Stats.  1889,  p.  389. 
In  effect  immediately.] 

Incurring  of  excess  decided  at  an  election. 

§  768.  If  at  any  time  the  board  of  trustees  shall  deem  it  necessary 
to  incur  any  indebtedness  in  excess  of  the  money  in  the  treasury  appli- 
cable to  the  purposes  for  which  such  indebtedness  is  to  be  incurred,  they 
shall  give  notice  of  a  special  election  by  the  qualified  electors  of  the 
city,  to  be  held  to  determine  whether  such  indebtedness  shall  be  incurred. 
Such  notice  shall  specify  the  amount  of  indebtedness  proposed  to  be 
incurred;  the  purpose  or  purposes  if  the  question  of  indebtedness  for 
more  than  one  purpose  be  proposed  of  the  same,  and  the  amount  of  money 
necessary  to  be  raised  annually  by  taxation  for  an  interest  and  sinking 
fund  as  hereinafter  provided;  provided,  that  such  interest  shall  not  be 
in  excess  of  seven  per  cent  per  annum.     Such  notice  shall  be  published 


Act  2348,  §  768  GENERAL  LAWS.  830 

for  at  least  two  weeks  in  some  newspaper  published  in  such  city,  and 
no  other  question  or  matter  shall  be  submitted  to  the  electors  at  such 
election.  If,  upon  the  canvass  of  the  votes  cast  at  such  election,  it 
appears  that  not  less  than  two-thirds  of  all  the  qualified  electors  voting 
at  such  election  shall  have  voted  in  favor  of  incurring  such  indebted- 
ness, it  shall  be  the  duty  of  the  board  of  trustees  to  pass  an  ordinance 
providing  for  the  mode  of  creating  such  indebtedness  and  of  paying 
the  same;  and  in  such  ordinance  provision  shall  be  made  for  the  levy 
and  collection  of  an  annual  tax  upon  all  the  real  and  personal  property 
subject  to  taxation  within  such  city,  sufficient  to  pay  the  interest  on 
such  indebtedness  as  it  falls  due;  and  also,  to  constitute  a  sinking  fund 
for  the  payment  of  the  principal  thereof  within  a  period  of  not  more 
than  twenty  years  from  the  time  of  contracting  of  the  same.  It  shall 
be  the  duty  of  the  board  of  trustees,  in  each  year  thereafter,  at  the 
time  at  which  taxes  are  levied,  to  levy  a  tax  sufficient  for  such  pur- 
poses in  addition  to  the  taxes  by  this  chapter  authorized  to  be  levied. 
Such  tax  when  collected  shall  be  kept  in  the  treasury  as  a  separate 
fund,  or  funds,  in  case  indebtedness  be  incurred  for  different  purposes, 
to  be  inviolably  appropriated  to  the  payment  of  the  principal  and  inter- 
est of  such  indebtedness.  [Amendment  approved  March  19,  1889.  Stats. 
1889,  p.  371.     In   effect  immediately.] 

At  the  same  session  there  was  another  amendment  of  section  768,  as 
follows: 

Incurring  of  indebtedness  to  be  decided  at  an  election. 

§7GS.  If  at  any  time  the  board  of  trustees  shall  deem  it  necessary 
to  incur  any  indebtedness  in  excess  of  the  money  in  the  treasury  appli- 
cable to  the  purposes  for  which  such  indebtedness  is  to  be  incurred, 
they  shall  give  notice  of  a  special  election  by  the  qualified  electors  of 
the  city,  to  be  held  to  determine  whether  such  indebtedness  shall  be 
incurred.  Such  notice  shall  specify  the  amount  of  indebtedness  pro- 
posed to  be  incurred,  the  purpose  or  purposes  (if  the  question  of  indebt- 
edness for  more  than  one  purpose  be  proposed)  of  the  same,  and  the 
amount  of  money  necessary  to  be  raised  annually  by  taxation  for  an 
interest  and  sinking  fund  for  each  purpose,  as  hereinafter  provided. 
Such  notice  shall  be  published  for  at  least  two  weeks  in  some  news- 
paper published  and  circulated  in  such  city;  and  no  other  question  or 
matter  shall  be  submitted  to  the  electors  at  such  election.  If,  upon  a 
canvass  of  the  votes  cast  at  such  election,  it  appears  that  not  less  than 
two-thirds  of  all  the  qualified  electors  voting  at  such  election,  or  if 
more  than  one  proposition  is  submitted,  voting  on  such  proposition,  shall 
have  voted  in  favor  of  incurring  such  indebtedness,  it  shall  be  the  duty 
o5  the  board  of  trustees  to  pass  an  ordinance  providing  for  the  work  of 
creating  such  indebtedness  and  of  paying  the  same;  and  in  such  or- 
dinance provision  shall  be  made  for  the  levy  and  collection  of  an  annual 
tax  upon  all  the  real  and  personal  property  subject  to  taxation  within 
such  city,  sufficient  to  pay  the  interest  on  such  indebtedness  as  it  falls 
4ue;  and  also  to  constitute  a  sinking  fund  for  the  payment  of  the  prin- 


831  MUNICIPAL   CORPORATION  BILL.      Act  2348,  §§  769-771 

cipal  thereof  within  a  period  of  not  more  than  twenty  years  from  the 
time  of  contracting  the  same.  It  shall  be  the  duty  of  the  board  of 
trustees  in  each  year  thereafter,  at  the  time  at  which  other  taxes  are 
levied,  to  levy  a  tax  suflicient  for  such  purposes  in  addition  to  the  taxes 
by  this  chapter  authorized  to  be  levied.  Such  tax,  when  collected,  shall 
be  kept  in  the  treasury  as  a  separate  fund,  or  funded  if  indebtedness 
be  incurred  for  different  purposes,  to  be  inviolably  appropriated  to  the 
payment  of  the  principal  and  interest  of  such  indebtedness.  [Amend- 
ment approved  March  19,  1889.  Stats.  1889,  p.  397.  In  eflEect  imme- 
diately.] 

Imprisonment. 

§  769.  The  violation  of  any  ordinance  of  such  city  shall  be  deehied 
a  misdemeanor,  and  may  be  prosecuted  by  the  authorities  of  such  city 
in  the  name  of  the  people  of  the  state  of  California,  or  may  be  redressed 
by  civil  action,  at  the  option  of  said  authorities.  Any  person  sentenced 
to  imprisonment  for  the  violation  of  an  ordinance  may  be  imprisoned  in 
the  city  jail,  or,  if  the  board  of  trustees  shall  by  ordinance  so  pre- 
scribe, in  the  county  jail  of  the  county  in  which  such  city  may  be 
situated;  in  which  case  the  expense  of  such  imprisonment  shall  be  a 
charge  in  favor  of  such  county  against  such  citjo  [Amendment  ap- 
proved March  7,  1905.     Stats.  1905,  p.  72.     In  effect  in  sixty  days.] 

Nuisances. 

§  770.  Every  act  or  thing  done  or  being  within  the  limits  of  such 
city,  which  is  or  may  be  declared  by  law  or  by  any  ordinance  of 
such  city  to  be  a  nuisance,  shall  be  and  is  hereby  declared  to  be  a 
nuisance,  and  shall  be  considered  and  treated  as  such  in  all  actions  and 
proceedings  whatever;  and  all  remedies  which  are  or  may  be  given  by 
law  for  the  prevention  and  abatement  of  nuisances  shall  apply  thereto. 

Repairs  assessed  on  fronting  property. 

§  771.  The  board  of  trustees  are  hereby  authorized  and  empowered 
to  order  any  work  authorized  by  this  chapter  to  be  done  upon  the  streets, 
avenues,  highways,  and  public  places  of  such  city.  The  cost  and  ex- 
pense incurred  therefor  shall  be  paid  as  follows,  to  wit:  The  expense  or 
cost  of  improving  and  repairing  streets,  sidewalks,  alleys,  squares,  and 
other  public  highways  and  places  within  the  city,  removing  obstruc- 
tions therefrom;  grading,  paving,  macadamizing,  graveling  and  curbing 
the  same,  and  constructing  gutters,  culverts  and  sidewalks  therein,  shall 
be  assessed  upon  the  lots  and  lands  fronting  thereon,  each  lot  or  portion 
of  a  lot  being  separately  assessed  for  the  full  debt  thereof  in  propor- 
tion to  the  benefits  upon  the  property  to  be  benefited,  sufficient  to  cover 
the  total  expense  of  the  work  to  the  center  of  the  street  on  which  it 
fronts,  provided  that  the  board  of  trustees  may  expend  from  the. general 
fund  for  said  purposes  a  sum  not  exceeding  one  hundred  dollars  on  any  one 
street  in  any  one  year.  The  expense  of  all  improvements  in  the  space 
formed  by  the  junction  of  two  or  more  streets,  or  where  one  main  street 
terminates    in    or    crosses    another    main    street,   and    also    all    necessary 


Act  2348,  §§  772.  773  GENERAL  LAWS.  882 

street  crossings,  or  erossways  at  corners  or  intersection  of  streeis,  and 
the  expense  of  establishing,  building  and  repairing  bridges  in  such  city, 
shall  be  paid  by  such  city.  The  expense  incurred  in  making  and  re- 
pairing sewers  in  any  street  shall  be  paid,  one-fourth  by  the  owner 
of  the  lands  on  one  side  of  said  street,  one-fourth  by  the  owner  of 
the  land  on  the  other  side  of  said  street,  and  one-half  by  the  city  out 
of  the  sewer  fund.  In  all  the  streets  constituting  the  waterfront  of 
such  city,  or  bounded  on  the  one  side  by  the  property  thereof,  the  ex- 
pense of  work  done  on  that  portion  of  said  streets,  from  the  center 
line  thereof  to  the  said  waterfront,  or  to  such  property  of  the  city 
bounded  thereon,  shall  be  paid  for  by  such  city;  but  no  contract  for 
any.  such  work  shall  be  given,  except  to  the  lowest  responsible  bidder, 
and  in  the  manner  hereinafter  provided.  When  any  work  or  improve- 
ments mentioned  in  this  section  is  done  or  made  on  one  side  of  the  center 
line  of  said  streets,  avenues,  or  public  highways,  the  lots  or  portions  of 
lots  fronting  on  that  side  only  shall  be  assessed  to  cover  the  expenses 
of  said  work,  according  to  the  provisions  of  this  chapter.  Whenever 
any  expenses  or  cost  of  work  shall  have  been  assessed  on  any  lands, 
the  amount  of  said  expenses  shall  become  a  lien  upon  said  lands,  which 
shall  take  precedence  of  all  other  liens,  and  which  may  be  foreclosed 
in  accordance  with  the  provisions  of  the  Code  of  Civil  Procedure.  Said 
suit  shall  be  in  the  name  of  the  city  of  (naming  it),  as  plaintiff.  \Tpon 
the  filing  of  a  complaint  in  the  superior  court  to  enforce  a  lien  of  any 
kind  hereon,  the  plaintiff  shall  be  entitled,  if  a  recovery  is  had  or  the 
money  is  paid,  to  include  as  costs  the  sum  of  twenty-five  dollars  as 
attorney's  fees. 

Right  of  way. 

§  772.  Whenever  it  shall  become  necessary  for  the  city  to  take  or 
damage  private  property  for  the  purpose  of  establishing,  laying  out, 
extending  and  widening  streets  and  other  public  highways  and  places 
within  the  city,  or  for  the  purpose  of  rights  of  way  for  drains,  sewers 
and  aqueducts,  and  for  the  purpose  of  widening,  straightening,  or  divert 
ing  the  channels  of  streams,  and  the  improvement  of  waterfronts,  and 
the  board  of  trustees  cannot  agree  with  the  owner  thereof  as  to  the 
price  to  be  paid,  the  trustees  may  direct  proceedings  to  be  taken  under 
section  1237,  and  following  sections,  to  and  including  section  1263  o<! 
the  Code  of  Civil  Procedure,  to  procure  the  same. 

City  tax  levy. 

§  773.  The  board  of  trustees  shall  have  the  power,  and  it  shall  be  thei' 
duty,  to  provide  by  ordinance  a  system  for  the  assessment,  levy  and 
collection  of  all  city  taxes  not  inconsistent  with  the  provisions  of  this 
chapter.  All  taxes  shall  be  collected  by  the  marshal  or  treasurer,  a^ 
may  be  determined  by  the  board  of  trustees  by  ordinance.  All  taxes  as- 
sessed, together  with  any  percentage  imposed  for  delinquency  and  the 
costs  of  collection,  shall  constitute  liens  on  the  property  assessed;  every 
tax  upon  L'he  personal  property  shall  be  a  lien  upon  the  real  property  o^ 
the  owner  thereof.     The  liens  provided  for  in  this  section  shall  attach  s.s 


833  MUNICIPAL  CORPORATION   BILL.      Act  23  IS,  §§  774-776 

of  the  first  Monday  in  March  of  each  year,  and  may  be  enforced  by  a 
sale  of  the  real  property  affected,  and  the  execution  and  delivery  of  all 
necessary  certificates  and  deeds  therefor,  under  s^ch  regulations  as  may 
be  prescribed  by  ordinance,  or  by  action  ia  any  co  art  of  competent  juris- 
diction to  foreclose  such  liens;  provided,  that  any  property  sold  for  such 
taxes  shall  be  subject  to  redemption  within  five  yesrs  and  upon  the  terms 
provided  or  that  may  hereafter  be  provided  for  the  redem[)tion  of  prop- 
erty sold  for  state  taxes.  All  deeds  made  upon  any  sale  of  property  for 
taxes  or  special  assessments  under  the  provisions  of  this  chapter  shall 
have  the  same  force  and  effect  in  evidence  as  is  or  may  hereafter  be 
provided  b}'  law  for  deeds  for  property  sold  for  nonpayment  of  state 
taxes.  [Amendment  approved  March  8,  1905.  Stats,  1905,  p.  88.  In 
effect  in  sixty  days.] 

See  note  to   §  871,  post. 

Equalization, 

§774.  The  board  of  trustees  shall  meet  at  their  usual  place  of  holding 
meetings  on  the  second  Monday  of  August  of  each  year,  at  10  o'clock  in 
the  forenoon  of  said  day,  and  sit  as  a  board  of  equalization,  and  shall 
continue  in  session  from  day  to  day  until  all  the  returns  of  the  assessor 
have  been  rectified.  They  shall  have  power  to  hear  complaints,  and  to 
correct^  modify  or  strike  out  any  assessment  m^e  by  the  assessor,  and 
may,  of  their  own  motion,  raise  any  assessment,  upon  notice  to  the  party 
whose  assessment  is  to  be  raised.  The  corrected  list  for  each  tax  shall 
be  the  assessment-roll  for  said  tax  for  said  year.  It  shall  be  certified 
by  the  city  clerk,  who  shall  act  as  clerk  of  the  board  of  equalization,  as 
being  the  assessment-roll  for  said  tax,  and  shall  be  the  assessment-roll 
upon  which  such  tax  is  to  be  levied  in  said  year. 

Construction  of  act. 

§  775.  Nothing  in  this  chapter  contained  shall  be  construed  to  prevent 
any  city  having  a  bonded  indebtedness,  contracted  under  laws  heretofore 
passed,  from  levying  and  collecting  such  taxes  for  the  payment  of  such 
indebtedness,  and  the  interest  thereon,  as  are  provided  for  in  such  laws, 
in  addition  to  the  taxes  herein  authorized  to  be  levied  and  collected;  nor 
to  prevent  any  city  from  levying  and  collecting  the  tax  authorized  by 
the  act  entitled  "An  act  to  establish  free  public  libraries  and  reading- 
rooms,"  approved  April  twenty-sixth,  eighteen  hundred  and  eighty,  in  ad- 
dition to  the  taxes  herein  authorized  to  be  levied  and  collected.  All 
moneys  received  from  licenses,  street  poll  tax,  and  from  fines,  penalties 
and  forfeitures,  shall  be  paid  into  the  general  fund. 

Waterfront  fund. 

§776.  The  board  of  trustees  may  also  levy,  and  cause  to  be  collected 
in  each  year,  in  addition  to  the  taxes  herein  authorized  to  be  levied  and 
collected,  a  tax,  not  exceeding  ten  cents  on  each  one  hundred  dollars  of  the 
assessed  value  of  all  real  and  personal  property  within  such  city  subject 
to  taxation,  the  proceeds  of  which  tax  shall  be  known  as  the  "Eiver  and 
Waterfront  Improvement  Fund,"  and  shall  be  applied  to  the  improvement 
Gen.  Laws — 53 


Act  2348,  §§  777,  778  GENERAL  LAWS.  834, 

of  streams,  bays  and  waterfronts.,  and  the  erection  of  embankments  and 
other  works  to  protect  the  city  from  overflow,  and  for  no  other  purposes 
whatever. 

PuMic  work  to  be  contracted  for. 

§  777.  In  the  erection,  improvement  and  repair  of  all  public  buildings 
and  works,  in  all  street  and  sewer  work,  and  in  all  work  in  or  about 
streams,  bays,  or  waterfronts,  or  in  or  about  embankments,  or  other 
works  for  protection  against  overflow,  and  in  furnishing  any  supi^lies  or 
materials  for  the  same,  when  the  expenditure  required  for  the  same 
exceeds  the  sum  of  one  hundred  dollars,  the  same  shall  be  done  by  con- 
tract, and  shall  be  let  to  the  lowest  responsible  bidder,  after  notice  by 
publication  in  a  newspaper  of  general  circulation  printed  and  published 
in  such  city,  for  at  least  two  weeks,  or  if  there  be  no  newspaper  printed 
or  published  therein,  by  printing  and  posting  the  same  in  at  least  fotir 
public  places  therein  for  the  same  period.  Such  notice  shall  distinctly 
and  specifically  state  the  work  contemplated  to  be  done;  provided,  that 
the  board  of  trustees  may  reject  any  and  all  bids  presented,  and  re-aJ- 
vertise,  in  their  discretion.  The  board  of  trustees  shall  annually,  at  a 
stated  time,  contract  for  doing  all  city  printing  and  advertising,  which 
contract  shall  be  let  to  the  lowest  bidder,  after  notice,  as  provided  in  tLis 
section,  and  the  contract  therefor  shall  be  awarded  separately  from  all 
other  printing.  [Amendment  approved  March  10,  1891.  Stats.  1891,  p. 
54.] 

Powers  of  president. 

§  778.  The  president  of  the  board  of  trustees  shall  preside  over  al! 
meetings  of  the  board  at  which  he  is  present.  In  his  absence  a  president 
pro  tem.  may  be  chosen.  The  president,  and  in  his  absence  the  president 
pro  tem.,  shall  sign  all  warrants  drawn  on  the  city  treasurer,  and,  unless 
otherwise  provided  by  said  board,  shall  sign  all  written  contracts  en- 
tered into  by  said  city,  as  such  president  or  president  pro  tem.  The 
authority  and  power  of  the  president  pro  tem.  shall  continue  only  during 
the  day  on  which  he  is  chosen.  The  president  and  president  pro  tem. 
shall  have  power  to  administer  oaths  and  affirmations,  and  take  affidavits 
and  certify  the  same  under  their  hands.  The  president  or  president  pro 
tem.  shall  sign  all  conveyances  made  by  said  city,  and  all  instruments 
which  shall  require  the  seal  of  the  city.  The  president  is  authorized  to 
acknowledge  the  execution  of  all  instruments  executed  by  said  city  that 
require  to  be  acknowledged.  He  shall  have  power  to  administer  oath'* 
and  affirmations  concerning  any  demand  upon  the  treasury,  and  in  aU 
matters  relating  to  the  duties  of  the  board  of  trustees,  and  to  witnesses 
examined  in  any  investigation  had  by  said  board,  or  by  any  committee 
thereof  duly  authorized  to  make  such  investigation.  Said  president  may 
issue  subpoenas  under  his  hand  and  the  seal  of  such  city,  attested  by  tbe 
city  clerk  to  compel  the  attendance  of  witnesses  before  such  board  of 
trustees  or  committee  thereof.  [Amendment  approved  March  19,  1889. 
Stats.  1889,  p.  389.     In  effect  immediately.] 


835  MUNICIPAL  CORPORATION  BILL.     Act  2348.  §§  786-788 

Article  IV. — Executive  Department. 
Treasurer. 

§  786.  It  shall  be  the  duty  of  the  treasurer  to  receive  and  safely  keep 
all  moneys  which  shall  come  into  his  hands  as  city  treasurer,  for  all  of 
which  he  shall  give  duplicate  receipts,  one  of  which  shall  be  filed  with 
the  city  clerk.  He  shall  pay  out  said  money  on  warrants  signed  by  the 
proper  officers,  and  not  otherwise,  except  interest  coupons  on  bonds.  He 
shall  make  quarterly  settlements  with  the  city  clerk.  He  shall  collect 
all  taxes  levied  by  the  board  of  trustees,  if  so  required  by  ordinance. 
[Amendment  approved  March  19,  1889.  Stats.  1889,  p.  389.  In  effect 
immediately.] 

Assessor. 

§787.  It  shall  be  the  duty  of  the  assessor,  between  the  first  day  of 
May  and  the  first  day  of  August  in  each  year,  to  make  out  a  true  list  of 
all  the  taxable  property  within  the  city.  The  mode  of  making  out  of 
said  list,  and  proceedings  relating  thereto,  shall  be  in  conformity  with 
laws  now  in  force  regulating  county  assessors,  except  as  the  same  may 
be  otherwise  provided  in  this  act,  or  by  ordinance.  Said  list  shall  de- 
scribe the  property  assessed  and  the  value  thereof,  and  chall  contain  all 
other  matters  required  to  be  stated  in  such  lists  by  county  assessors. 
Said  assessor  shall  verify  said  list  by  his  oath,  and  shall  deposit  the  same 
with  the  city  clerk  on  or  before  the  first  Monday  of  August  in  each  year. 
The  assessor  shall,  during  said  time,  also  make  a  list  of  all  male  persons 
residing  within  the  limits  of  such  city  over  the  age  of  twenty-one  years, 
and  shall  verify  said  list  by  his  oath,  and  shall,  on  or  before  the  first 
Monday  of  August  in  each  year,  deposit  the  same  with  the  city  clerk. 
Said  assessor  and  his  deputy  shall  have  power  to  administer  all  oaths  and 
affirmations  necessary  in  the  performance  of  his  duties. 

City  clerk,  duties  of. 

§  788.  It  shall  be  the  duty  of  the  city  clerk  to  keep  a  full  and  true 
record  of  all  the  proceedings  of  the  board  of  trustees  and  of  the  board 
of  equalization.  The  proceedings  of  the  board  of  trustees  shall  be  kept 
in  a  book,  marked  "Eecords  of  the  Board  of  Trustees."  The  proceedings 
of  the  board  of  equalization  shall  be  kept  in  a  separate  book,  marked 
''Eecords  of  the  Board  of  Equalization."  He  shall  keep  a  book,  whicli 
shall  be  marked  "City  Accounts,"  in  which  shall  be  entered  as  a  credit 
all  moneys  received  by  the  city  for  licenses,  the  amount  of  any  tax  when 
levied,  and  all  other  moneys  received;  and  in  which  shall  be  entered  upon 
the  debtor  side  all  commissions  deducted,  and  all  warrants  drawn  on  the 
treasury.  He  shall  also  keep  a  book,  marked  "Marshal's  Account,"  in 
which  he  shall  charge  the  city  marshal  with  all  the  tax  lists,  if  any,  de- 
livered to  him,  and  all  licenses  delivered  to  him.  He  shall  credit  the 
marshal  with  the  delinquent  lists  returned  by  him.  He  shall  also  keep 
a  book,  marked  "Treasurer's  Account,"  in  which  he  shall  keep  a  full  ac- 
count of  the  transactions  of  the  city  with  the  treasurer.  He  shall  also 
keep  a  book,  marked  "City  Licenses,"  in  which  he  shall  enter  all  licenses 


Act  2348.  §  789  GENERAL  LAWS.  836 

delivered  by  him  to  the  marshal,  and  the  amount  thereof.  He  shall  also 
keep  a  book,  marked  "City  Ordinances,"  into  which  he  shall  copy  all  city 
ordinances,  with  his  certificate  annexed  to  said  copy,  stating  the  fore- 
going ordinance  is  a  true  and  correct  copy  of  an  ordinance  of  such  city, 
and  giving  the  number  and  title  of  said  ordinance,  and  stating  that  the 
same  has  been  published  or  posted  according  to  law.  Said  record  copy, 
with  said  certificate,  or  the  original  ordinance,  shall  be  prima  facie  evi- 
dence of  the  contents  of  the  ordinance  and  of  the  due  passage  and  publi- 
cation of  the  same,  and  shall  be  admissible  as  such  evidence  in  any  court 
or  proceeding.  Said  records  shall  not  be  filed  in  any  case,  but  shall  be 
returned  to  the  custody  of  the  city  clerk.  Nothing  herein  contained 
shall  be  construed  to  prevent  the  proof  of  the  passage  and  publication 
of  ordinances  in  the  usual  way.  Each  of  the  foregoing  books,  except 
the  records  of  the  board  of  trustees  and  the  board  of  equalization,  shall 
have  a  general  index,  sufficiently  comprehensive  to  enable  a  person  readily 
to  ascertain  matters  contained  therein.  The  city  clerk  shall  also  keep 
a  book,  marked  "Demands  and  Warrants,"  in  which  he  shall  note  every 
demand  against  the  city,  and  file  the  same.  He  shall  state  therein,  under 
the  note  of  the  demands,  the  final  disposition  made  of  the  same;  and  if 
the  same  is  allowed  and  a  warrant  is  drawn,  he  shall  also  state  the  num- 
ber of  the  warrant,  with  sufficient  dates.  This  book  shall  contain  an  in- 
dex, in  which  reference  shall  be  made  to  each  demand.  Upon  the  com- 
pletion of  the  assessment-roll  for  any  of  the  taxes  of  the  citA^,  and  levy- 
ing of  the  tax  thereon,  the  city  clerk  shall  apportion  the  taxes  upon 
such  assessment-roll,  and  shall  deliver  it  to  the  officer  charged  with  the 
duty  of  collecting  taxes.  It  shall  not  be  necessary  to  make  a  duplicate 
assessment-roll.  He  may  appoint  a  deputy,  for  whose  acts  he  and  his 
bondsmen  shall  be  responsible;  and  he  and  his  deputy  shall  have  power 
to  administer  oaths  and  affirmations,  to  take  affidavits  and  depositions 
to  be  used  in  any  court  or  proceeding  in  the  state,  and  to  certify  the 
same.  He  and  his  deputies  shall  take  all  necessary  affidavits  to  demands 
against  the  city,  and  certify  the  same  without  charge.  He  shall  be  the 
custodian  of  the  seal  of  such  city.  He  shall  make  a  quarterly  statement, 
in  writing,  showing  the  receipts  and  expenditures  of  the  city  for  the  pre- 
ceding quarter,  and  the  amount  remaining  in  the  treasury.  He  shall,  at 
the  end  of  every  fiscal  year,  make  a  full  and  detailed  statement  of  the 
receipts  and  expenditures  of  the  preceding  year,  and  a  full  statement  of 
the  financial  condition  of  the  affairs  of  the  city,  which  shall  be  published. 
He  shall  perform  such  other  services  as  this  act  and  the  ordinances  of 
the  board  of  trustees  shall  require.  [Amendment  approved  March  19, 
1889.     Stats.  1889,  p.  389.     In  effect  immediately.] 

City  attorney. 

§789.  It  shall  be  the  duty  of  the  city  attorney  to  advise  the  city  au- 
thorities and  officers  in  all  legal  matters  pertaining  to  the  business  of 
said  city,  and  to  render  such  other  services  in  the  line  of  his  profession 
as  may  be  required  of  him  by  the  board  of  trustees.  [Amendment  ap- 
proved March  19,  1889.     Stats.  1889,  p.  389.     In  eff'ect  immediately.] 


837  MUNICIPAL  CORPORATION  BILL.     Act  2348,  §§  790.  791 

Police  department  under  control  of  city  marshal. 

§790.  The  department  of  police  of  said  city  shall  be  under  the  direc- 
tion and  control  of  the  city  marshal;  and  for  the  suppression  of  any  riot, 
public  tumult,  disturbance  of  the  peace,  or  resistance  against  the  laws 
cr  public  authorities  in  the  lawful  exercise  of  their  functions,  he  shall 
have  the  powers  that  are  now  or  may  hereafter  be  conferred  upon  sheriffs 
by  the  laws  of  the  state,  and  shall,  in  all  respects,  be  entitled  to  the 
same  protection;  and  his  lawful  orders  shall  be  promptly  executed  by 
deputies,  police  officers  and  watchmen  in  said  city,  and  every  citizen 
shall  also  lend  him  aid,  when  required,  for  the  arrest  of  offenders  and 
maintenance  of  public  order.  He  shall  and  is  hereby  authorized  to  exe- 
cute and  return  all  process  issued  and  directed  to  him  by  any  legal  au- 
thority. It  shall  be  his  duty  to  prosecute  before  the  recorder  all  breaches 
or  violations  of  or  noncompliance  with  the  city  ordinance  which  shall 
come  to  his  knowledge.  He  shall  collect  all  taxes  levied  by  the  board  of 
trustees,  except  as  is  herein  provided.  He  shall,  at  the  expiration  of  any 
month,  pay  to  the  city  treasurer  all  taxes  and  other  funds  of  said  city 
collected  bj'  him  during  said  month.  He  shall,  upon  payment  of  the 
money,  file  with  the  treasurer  an  affidavit,  stating  that  the  money  so 
paid  "is  all  the  taxes  or  funds  that  he  has  collected  or  received  during 
the  preceding  month.  He  shall,  upon  the  receipt  of  any  tax  list,  give  his 
receipt  for  the  same  to  the  city  clerk,  and  shall,  upon  depositing  with  the 
city  clerk  the  delinquent  tax  list,  take  his  receipt  therefor.  He  shall 
receive  from  the  clerk  all  city  licenses  and  collect  the  same.  He  shall 
have  charge  of  the  city  prison  and  prisoners,  and  of  any  chain-gang 
which  may  be  established  by  the  board  of  trustees.  He  shall,  for  service 
of  any  process,  receive  the  same  fees  as  constables.  He  may  appoint,  sub- 
ject to  the  approval  of  the  board  of  trustees,  one  or  more  de[)uties,  for 
whose  acts  he  and  his  bondsmen  shall  be  responsible,  w-hose  only  com- 
pensation shall  be  fees  for  the  service  of  process,  which  shall  be  the 
same  as  those  allowed  to  the  city  marshal.  He  may  also,  with  the  con- 
currence of  the  president  of  the  board  of  trustees,  when  the  same  may 
be  by  them  deemed  necessary  for  the  preservation  of  public  order,  ap- 
point additional  policemen,  who  shall  discharge  the  duties  assigned  them 
for  one  day  only.  He  shall  perform  such  other  services  as  this  act  and 
the  ordinances  of  the  board  of  trustees  shall  require,  and  shall  receive 
such  compensation  from  the  city  as  shall  be  fixed  by  ordinance,  in  ad- 
dition to  such  mileage  and  fees  as  he  shall  receive  in  the  service  of 
process  of  the  courts  of  this  state,  other  than  the  recorder's  court  of  such 
city,  which  mileage  and  fees  shall  be  the  same  as  is  allowed  by  law  to 
constables  in  the  countv  in  which  such  city  is  situated.  [Amendment 
approved  March  23,  1893.     Stats.  1893,  p.  299.] 

Board  to  fix  compensation. 

§791.  The  board  of  trustees  shall,  by  ordinances  not  inconsistent  with 
the  provisions  of  this  chapter,  prescribe  the  additional  duties  of  all  ofl5- 
cers,  and  fix  their  compensation. 


Act  2348,  §§  795-798  GENERAL  LAWS.  833 

Article  V. — School  Department. 
School  district. 

§  795.  From  and  after  the  organization  of  each  of  such  cities,  the 
same  shall  constitute  a  separate  school  district,  which  shall  be  governed 
by  the  board  of  education  of  such  city;  provided  the  board  of  supervisors 
may  include  more  territory  in  such  school  district  than  that  included  in 
such  city,  and  in  that  case  such  outside  territory  shall  be  deemed  a 
part  of  such  city  for  the  purpose  of  holding  the  general  municipal  elec- 
tion, and  shall  be  an  election  precinct  by  itself  and  its  qualified  electors 
shall  vote  only  for  the  board  of  education,  and  said  outside  territory 
shall  be  deemed  to  be  a  part  of  said  city  for  all  matters  connected  with 
the  school  department,  and  the  annual  levying  and  collecting  of  the  prop- 
erty tax  for  the  school  fund.  [Amendment  approved  March  10,  1891. 
Stats.  1891,  p.  28.] 

Vacancy  in  board. 

§796.  In  case  a  vacancy  shall  occur  in  the  office  of  school  director, 
the  board  of  education  shall  choose  a  person  to  fill  such  vacancy,  who 
shall  serve  until  the  next  election,  when,  if  the  term  does  not  then  expire, 
a  person  shall  be  elected  to  serve  for  the  remainder  of  such  unexpired 
term. 

Meetings, 

§797.  The  board  of  education  shall  meet  on  the  second  Tuesday  after 
such  general  municipal  election,  and  choose  one  of  its  members  as  presi- 
dent, and  shall  appoint  a  secretary,  who  shall  hold  at  the  pleasure  of  said 
board.  The  regular  meetings  of  said  board  shall  thereafter  be  held  as 
often  as  once  in  each  month,  in  the  place  provided  for  the  board  of  trus- 
tees, and  the  time  for  holding  such  meetings  shall  be  fixed  by  the 
board  of  education.  Special  meetings  of  said  board  may  be  held  when 
called  by  written  notice,  signed  by  its  president,  or  three  of  its  mem- 
bers, and  delivered  personally  to  each  of  its  members  who  shall  not  have 
signed  the  same.  Three  members  shall  constitute  a  quorum,  and  no  busi- 
ness shall  be  transacted  by  said  board  of  education  without  the  concur- 
rence of  three  of  its  members;  but  a  majority  of  the  members  present 
at  any  meeting  may  adjourn  from  time  to  time.  All  the  meetings  of 
said  board  of  education  shall  be  public,  and  full  records  of  its  proceed- 
ings shall  be  kept  by  the  secretary  of  said  board.  The  members  of  the 
board  of  education  shall  receive  no  compensation  for  their  services  as 
school  directors.  [Amendment  approved  March  7,  1891,  Stats.  1894,  p, 
114] 

f^rwexs  of  board. 

§798.     The  board  of  education  shall  have  power: 

1,  To  establish  and  maintain  public,  primary,  kindergarten,  grammar, 
and  evening  schools,  and  to  subdivide  the  school  districts,  and  to  fix  and 
?.lter  the  boundaries  of  such  divisions. 

2.  To  employ  and  dismiss  a  superintendent  of  schools,  teachers,  jani- 
tors, truant  officers,  and  school-census  marshals,  and  to  fix,  alter,  allow 


839  MUNICIPAL   CORPORATION  BILL,  Act  2348,  §  798 

and  order  paid  their  salaries  or  compensations;  and  to  employ  and  pay 
such  mechanics  and  laborers  as  may  be  necessary  to  carry  into  effect  the 
powers  hereby  conferred. 

3.  To  make,  establish,  and  enforce  all  necessary  or  proper  rules  and 
regulations,  not  in  conflict  with  the  laws  of  this  state,  for  the  government 
and  management  of  public  schools  within  such  city,  the  teachers  thereof, 
and  the  pupils  therein,  and  for  carrying  into  effect  the  laws  relating 
to  education. 

4.  To  provide  for  the  school  department  of  such  city,  fuel  and  lights, 
water,  printing,  and  stationerj^,  and  to  incur  such  other  incidental  ex- 
penses as  may  be  deemed  necessary  by  said  board. 

5.  To  build,  alter,  repair,  rent  and  provide  schoolhouses,  and  to  fur- 
nish the  same  with  proper  school  furniture,  apparatus,  and  appliances, 
and  to  insure  any  and  all  school  property. 

6.  To  purchase,  receive,  lease,  and  hold  in  fee,  in  trust  for  such  citv, 
an}'  and  all  real  estate  and  personal  property  that  may  have  been  acquired, 
or  may  hereafter  be  acquired,  for  the  use  and  benefit  of  the  schools  of  such 
city;  provided,  that  no  real  estate  shall  be  bought,  sold,  or  exchanged, 
nor  any  expenditure  incurred  for  the  construction  of  new  schoolhouses, 
without  the  approval  of  the  board  of  trustees;  and  provided  further, 
that  the  proceeds  of  any  such  sale  or  exchange  of  real  estate  shall  be 
exclusively  applied  to  the  purchase  of  other  lots  for  the  erection  of 
schoolhouses. 

7.  To  grade,  fence,  and  improve  all  school  lots. 

8.  To  determine  annually  the  amount  of  money  required  for  the  sup- 
port of  the  public  schools,  and  for  carrying  into  effect  all  the  provisions 
of  law  in  reference  thereto;  and  in  pursuance  of  this  provision,  the  board 
of  education  shall,  at  least  ten  days  before  the  meeting  of  the  board  of 
trustees  at  which  the  annual  city  taxes  are  levied,  submit  in  writing  to 
the  board  of  trustees  a  careful  estimate  of  the  whole  amount  of  money 
to  be  received  from  the  state  and  county,  and  of  the  amount  to  be  re- 
quired from  such  city  for  the  above-mentioned  purposes;  and  the  amount 
so  found  to  be  required  from  the  city  shall,  by  the  board  of  trustees,  be 
added  to  the  above  amounts  to  be  assessed  and  collected  for  city  pur- 
poses, and  when  collected,  the  proceeds  thereof  shall  be  immediately 
paid  into  the  school  fund  of  such  city,  to  be  drawn  out  only  upon  the 
order  of  the  board  of  education;  provided,  that  such  annual  tax  shall  not 
exceed  twenty-five  cents  on  each  one  hundred  dollars  of  the  assessed 
valuation  of  the  real  and  personal  property  within  such  city. 

9.  To  establish  regulations  for  the  just  and  equal  disbursement  of  all 
moneys  belonging  to  the  school  fund. 

10.  To  discharge  all  legal  encumbrances  existing  at  the  time  of  the 
incorporation  of  such  city,  or  thereafter,  on  any  school  property  within 
such  city. 

11.  To  admit  nonresident  children,  and  persons  over  twenty-one  years 
of  age,  to  any  of  the  departments  of  the  schools  of  such  city,  upon  the 
payment  monthly,  in  advance,  of  such  tuition  fee  as  said  board  may  es- 
tablish. 

12.  To  prohibit  any  children  under  six  years  of  age  from  attending  the 
public  schools. 


Act  2348,  §§  799-803  GENERAL  LAWS.  840 

13.  To  establish  and  regulate  the  grades  of  schools  in  such  city,  and 
the  course  of  study,  and  the  mode  of  instruction  to  be  pursued  therein, 
and  determine  what   text-books  shall  be  used. 

14.  To  do  and  perform,  in  addition  to  the  foregoing  powers,  such  other 
acts  as  may  be  necessary  or  proper  to  carry  into  effect  the  powers  hereby 
conferred.     [Amendment  adopted  March  14,  1899.     Stats.  1899,  p.  98.] 

Board  may  sue  and  be  sued. 

§  799.  The  board  of  education  may  sue  and  be  sued  by  their  name 
of  office.  In  any  action  or  judicial  proceeding  against  said  board,  service 
of  process  upon  the  president,  or  upon  a  majority  of  the  members  of  the 
board  shall  be  sufficient  to  give  the  court  Jurisdiction  to  hear  and  deter- 
mine the  same. 

Treasurer  custodian  of  moneys. 

§  800.  All  moneys  received  by  the  treasurer  of  the  county  wherein 
such  city  may  be  situated,  on  account  of  the  school  fund  of  such  city, 
or  the  school  district  consisting  -of  the  same,  and  all  sums  received  into 
the  county  treasury,  which  may  be  apportioned  to  said  city  or  district, 
shall  be  paid  to  the  treasurer  of  such  city,  by  the  treasurer  of  such 
county,  as  soon  as  received,  or  as  soon  as  the  apportionment  shall  be 
made,  when  apportionment  is  necessary,  upon  the  order  of  the  board  of 
education. 

Demands. 

§  801.  The  president  of  the  board  of  education  shall  have  power  to 
administer  oaths  and  affirmations  concerning  any  demand  upon  the 
treasury,  payable  out  of  the  school  fund,  and  in  all  other  matters  relating 
to  the  duties  of  the  board  of  education,  and  to  witnesses  examined  in  any 
investigation  had  by  such  board  of  education,  or  by  a  committee  thereof, 
duly  appointed  by  it,  for  that  purpose. 

President  may  compel  witnesses. 

§  802.  Said  president  may  issue  subpoenas  under  his  hand  and  the 
seal  of  such  city,  attested  by  the  city  clerk,  to  compel  the  attendance  of 
witnesses  before  such  board  of  education,  or  committee  thereof,  who 
shall  be  entitled  to  the  same  fees  as  witnesses  in  civil  cases,  and  who 
may  be  punished  for  contempt  for  nonattendance,  or  refusal  to  be  sworn, 
or  to  answer,  by  the  superior  court  of  the  county  in  which  such  city  may 
be  situated. 

Warrants. 

§  803.  Every  claim  payable  out  of  the  school  fund  shall  be  filed  with 
the  secretary  of  the  board  of  education,  and  after  it  shall  have  been 
approved  by  the  board  a  certificate  of  such  approval  sliall  be  indorsed 
thereon,  signed  by  the  president  and  secretary,  and  a  warrant  upon  the 
school  fund  shall  be  issued  thereon  for  the  payment  of  such  claim,  which 
warrant  shall  be  signed  by  the  president  of  such  board,  and  counter- 
signed by  the  secretary  and  shall  specify  for  what  purpose  the  same  is 
drawn. 


841  MUNICIPAL   CORPORATION  BILL.     Act  2348,  §§  304-806 

Duties  Of  secretary. 

§804.  The  secretary  shall  report  to  the  board  annually,  and  at  such 
other  times  as  they  may  require,  all  matters  pertaining  to  the  expense, 
income,  condition,  and  progress  of  the  public  scliools  of  said  city  during 
the  preceding  j-ear,  with  such  recommendations  as  he  may  deem  proper. 
He  shall  observe,  and  cause  to  be  observed,  such  general  rules  and  regu- 
lations for  the  government  of  and  instruction  in  the  schools,  not  incon- 
sistent with  the  laws  of  the  state,  as  may  be  established  by  the  board 
of  education.  He  shall  attend  the  sessions  of  the  board,  and  inform  them 
at  each  session  of  the  condition  of  the  public  schools,  schoolhouses,  school 
funds,  and  other  matters  connected  therewith,  and  recommend  such  meas- 
ures as  he  may  deem  necessary  for  the  advancement  of  education  in  the 
city,  and  shall  perform  such  other  duties  as  may  be  required  of  liim 
by  the  board.  He  shall  receive  as  compensation  for  his  services,  payable 
out  of  the  school  fund,  such  sum  as  the  board  of  education  from  time 
to  time  may  allow. 

rmid  shall  not  be  diverted. 

§  805.  The  entire  revenue  derived  by  such  city  from  the  state  school 
fund  and  the  state  school  tax  shall  be  applied  by  said  board  of  educa- 
tion exclusively  to  the  support  of  primary  and  grammar  schools. 

Article  VI. — Judicial  Department. 
Recorder's  court, 

§806.  A  recorder's  court  is  hereby  established  in  .such  city,  to  be  held 
by  the  recorder  of  such  city;  provided,  that  the  provisions  of  this  sec- 
tion as  to  the  establishment  of  the  recorder's  courts  and  recorders  in  such 
city  shall  not  apply  to  any  such  city  in  which  a  city  justice's  court  or  a 
city  justice  of  the  peace  is  now  or  may  hereafter  be  established,  and 
any  recorder's  court  now  existing  in  any  such  last-mentioned  city  is 
hereby  abolished.  The  justice  of  the  peace  of  any  city  wherein  said  re- 
corder's court  shall  have  been  abolished  or  which  may  hereafter  be 
abolished  is  the  successor  of  the  recorder  of  such  city  whose  court  has 
been  abolished  as  aforesaid;  and  all  records,  registers,  dockets,  books, 
papers,  causes,  actions,  and  proceedings  lodged,  deposited,  or  pending 
before  said  recorder's  court  or  before  the  recorder  of  said  city,  are  trans- 
ferred to  the  justice's  court  of  said  city,  which  shall  have  the  same  power 
and  jurisdiction  over  them  as  if  they  had  been  in  the  first  instance 
lodged,  deposited,  filed,  or  commenced  therein.  Said  recorder's  court  shall 
have  jurisdiction,  concurrently  with  the  justice's  court,  of  all  actions 
and  proceedings,  civil  and  criminal, 'arising  within  the  corporate  limits 
of  such  city,  and  which  might  be  tried  in  such  justice's  court;  and  shall 
have  exclusive  jurisdiction  of  all  actions  for  the  recovery  of  any  fine, 
penalty,  or  forfeiture  prescribed  for  the  breach  of  any  ordinance  of  such 
city,  of  all  actions  founded  upon  any  obligation  or  liability  created  by 
any  ordinance,  and  of  all  prosecutions  for  any  violation  of  any  ordi- 
nance. In  all  civil  actions  for  the  recovery  of  any  fine,  penalty,  or  for- 
feiture prescribed  for  the  breach  of  any  ordinance  of  such  city,  where 
the  fine,  penalty  or  forfeiture  imposed  by  the  ordinance  is  not  more  than 


Act  2348,  §§  807-811  GENERAL  LAWS.  842 

fifty  dollars,  the  trial  must  be  by  the  court,  in  civil  actions  where  the 
fine,  penalty  or  forfeiture  prescribed  for  the  breach  of  any  ordinance  of 
such  city  is  over  fifty  dollars,  the  defendant  is  entitled  to  a  jury.  Ex- 
cept as  in  this  section  otherwise  provided,  the  rules  of  practice  and 
mode  of  proceeding  in  said  recorder's  court  shall  be  the  same  as  are  or 
may  be  prescribed  by  law  for  justices'  courts  in  like  cases,  and  appeals 
may  be  taken  to  the  superior  court  of  the  county  in  which  such  city  may 
be  situated,  from  all  judgments  of  said  recorder's  court  in  like  manner 
and  with  a  like  effect  as  in  cases  of  appeals  from  justices'  courts. 
[Amendment  approved  March  15,  1907.  Stats.  1907,  p.  272.  In  effect 
immediately.] 

Powers  of  recorder  as  judge. 

§  807.  The  recorder  shall  be  judge  of  the  recorder's  court,  and  shall 
have  the  powers  and  perform  the  duties  of  a  magistrate.  He  may  ad- 
minister and  certif}"^  oaths  and  affirmations,  and  take  and  certify  ac- 
knowledgments. He  shall  be  entitled  to  charge  and  receive  for  his  ser- 
vices such  fees  as  are  or  may  be  allowed  by  law  to  justices  of  the  peace 
for  like  services,  except  that  for  his  services  in  criminal  prosecution  for 
violation  of  ordinances  he  shall  be  entitled  to  receive  only  such  monthly 
salary  as  the  board  of  trustees  shall  by  ordinance  prescribe;  which  com- 
pensation, when  once  fixed,  shall   not  be  altered  within   two   years. 

Recorder,  when  disqualified  as  judge. 

§  808.  In  all  cases  in  which  the  recorder  is  a  party,  or  in  which  he 
is  interested,  or  when  he  is  related  to  either  party  by  consanguinity  or 
affinity  within  the  third  degree,  or  is  otherwise  disqualified,  or  in  case  of 
sickness  or  inability  to  act,  the  recorder  may  call  in  a  justice  of  the  peace 
residing  in  the  city,  to  act  in  his  place  and  stead;  or  if  there  be  no  jus- 
tice of  the  peace  residing  in  the  city,  or  if  all  those  so  residing  are  like- 
wise disqualified,  then  he  may  call  in  any  justice  of  the  peace  residing  in 
the  county  in  which  such  city  may  be  situated. 

Article    "VII. — Miscellaneous    Provisions. 

Collection  of  moneys. 

§  810.  Every  officer  collecting  or  receiving  any  moneys  belonging  to  or 
for  the  use  of  such  city  shall  settle  for  the  same  with  the  clerk  on  the 
first  Monday  in  each  month,  and  immediately  pay  the  same  into  the 
treasury,  on  the  order  of  the  clerk,  for  the  benefit  of  the  funds  to  which 
such  moneys  respectively  belong. 

No  officer  to  be  interested  in  contract, 

§811.  No  officer  of  such  city  shall  be  interested,  directly  or  indirectly, 
in  any  contract  with  such  city,  or  with  any  of  the  officers  thereof,  in 
their  official  capacity,  or  in  doing  any  work  or  furnishing  any  supplies 
for  the  use  of  such  city  or  its  officers  in  their  official  capacity;  and  any 
claim  for  compensation  for  work  done,  or  supplies  or  materials  furnished, 
in  which  any  such  officer  is  interested,  shall  be  void,  and  if  audited  and 
allowed  shall  not  be  paid  by  the  treasurer.     Any  willful  violation  of  the 


843  MUNICIPAL  CORPORATION  BILL.     Act  2348,  §§  812-850 

provisions  of  this  section  shall  be  a  ground  for  removal  from  office,  and 

shall  be  deemed  a  misdemeanor,  and  punished  as  such. 

Nuisances, 

§  812.  Every  act  or  thing  done  or  being  within  the  limits  of  such  city, 
which  is  or  may  be  declared  by  law  or  by  any  ordinance  of  such  city  to 
be  a  nuisance,  shall  be  and  is  hereby  declared  to  be  a  nuisance,  and  shall 
be  considered  and  treated  as  such  in  all  actions  and  proceedings  what- 
ever; and  all  remedies  which  are  or  may  be  given  by  law  for  the  pre- 
vention and  abatement  of  nuisances  shall  apply  thereto. 

Fire  departments. 

§  813.  The  fire  department  of  a  city  of  the  fifth  class  shall  consist  of 
companies  of  volunteer  or  paid  firemen,  as  the  board  of  trustees  may  de- 
termine, organized  into  engine,  hose,  or  hook-and-ladder  companies.  Such 
fire  department,  except  where  the  same  comprises  one  or  more  companies 
of  paid  firemen,  and  such  companies  of  volunteer  firemen,  shall  elect  their 
own  officers:  but  the  board  of  trustees  shall  appoint  the  chief  and  other 
officers  of  such  department,  where  the  same  comprises  one  or  more  com- 
panies of  paid  firemen.  The  election  of  any  person  as  chief  of  any  such 
volunteer  fire  department  shall  be  forthwith  certified  by  the  secretary 
of  said  department  to  the  board  of  trustees  of  such  city,  and  by  them, 
at  their  next  regular  meeting,  confirmed.  The  chief  of  the  fire  depart- 
ment shall  give  a  bond  to  the  chairman  of  the  board  of  trustees  of  such 
city,  in  the  sum  of  one  thousand  dollars;  the  chief  of  every  fire  depart- 
ment shall  inquire  into  the  cause  of  every  fire  occurring  in  the  city, 
and  keep  a  record  thereof.  He  shall  have  exclusive  control  of  the  work- 
ing of  the  fire  department  in  time  of  conflagration  or  fire.  He  must  aid 
in  the  enforcement  of  all  fire  ordinances  duly  enacted,  examine  buildings 
in  process  of  erection,  report  violation  of  ordinances  relating  to  the  pre- 
vention and  extinguishment  of  fires  when  directed  by  the  proper  au- 
thorities, and  institute  proceedings  therefor,  and  shall  have  general  con- 
trol, management,  and  direction  of  the  fire  companies,  hose,  hook-and-lad- 
der companies,  and  engine,  and  fire  departments  of  such  city,  and  shall 
perform  such  other  duties  as  may  be  by  the  ordinances  of  said  city,  or  by 
law,  imposed  upon  him.  His  compensation,  which  shall  not  be  less  than 
ten  dollars  per  month,  must  be  fixed  and  paid  by  the  board  of  city  trus- 
tees. [Amendment  approved  February  20,  1905.  Stats.  1905,  p.  16.  In 
effect  immediately.] 

CHAPTEE  VII. 

Municipal  Corporations  of  the  Sixth  Class. 

(A  charter  for  cities  and  towns   having  a  population  of  not   exceeding 

3,000.) 

For  an  act  to  enable  municipal  corporations  of  the  sixth  class  to  elect  officers, 

see  Act  2350,  post. 

Article  I, — General  Powers. 
Sixth  Class. 

§850.  Every  municipal  corporation  of  the  sixth  class  shall  be  entitled 
the  city  (or  town)   of  (naming  it),  and  by  such  name  shall  have 


Act  2348,  §§  851-853  GENERAL  LAWS.  844 

perpetual  succession,  may  sue  and  be  sued  in  all  courts  and  places,  and 
in  all  proceedings  whatever;  shall  have  and  use  a  common  seal,  alterable 
at  the  pleasure  of  the  city  or  town  authorities,  and  may  purchase,  lease, 
receive,  hold,  and  enjoy  real  and  personal  property,  and  control  and  dis- 
pose of  the  same  for  the  common  benefit. 

Article  11. — General   Provisions   Eelating  to   Officers. 
Officers. 

§  851.  The  government  of  such  city  or  town  shall  be  vested  in  a  board 
of  trustees,  to  consist  of  five  members;  a  clerk,  who  shall  be  ex-officio  as- 
sessor; a  treasurer;  a  marshal,  who  shall  be  ex-officio  tax  and  license 
collector;  a  recorder  to  be  appointed  by  the  board  of  trustees;  and  such 
subordinate  officers  as  are  hereinafter  provided  for.  [Amendment  ap- 
proved March  27,  1895.     Stats.  1S95,  p.  266.] 

Election  and  tenure  of  office. 

§  852.  The  members  of  the  board  of  trustees  and  the  clr rlc,  treasurer, 
and  marshal  shall  be  elected  by  the  qualified  electors  of  said  city  or  town 
at  a  general  municipal  election  to  be  held  therein  on  the  second  Monday 
in  April  in  each  even-numbered  year.  The  clerk,  treasurer,  and  mar- 
shal shall  hold  office  for  the  period  of  two  years  from  and  after  the 
Monday  next  succeeding  the  day  of  such  election,  and  until  their  suc- 
cessors are  elected  and  qualified.  Members  of  the  board  of  trustees  shall 
hold  office  for  the  period  of  four  years  from  and  after  the  Monday  next 
succeeding  the  day  of  such  election,  and  until  their  successors  are  elected 
and  qualified;  provided,  that  the  first  board  of  trustees  elected  under  the 
provisions  of  this,  act  shall,  at  their  first  meeting,  so  classify  themselves 
by  lot  as  that  three  of  their  number  shall  go  out  of  office  at  the  expira- 
tion of  two  years  and  two  at  the  expiration  of  four  years.  The  board 
of  trustees  may,  in  their  discretion,  appoint  an  attorney,  a  poundmaster, 
a  superintendent  of  streets,  a  civil  engineer,  and  such  police  and  other 
subordinate  officers  as  in  their  judgment  may  be  deemed  necessary,  and 
fix  their  compensation,  which  said  officers  shall  hold  office  during  the 
pleasure  of  said  board. 

Official  bonds. 

§  853.  The  clerk,  treasurer,  and  marshal  shall,  respectively,  before  en- 
tering upon  the  duties  of  their  respective  offices,  each  execute  a  bond 
to  such  city  or  town  in  such  penal  sum  as  the  board  of  trustees  by  ordi- 
nance may  determine,  conditioned  for  the  faithful  performance  of  his 
duties,  including  in  the  same  bond  the  duties  of  all  offices  of  which  he  is 
made  by  this  chapter  ex-officio  incumbent;  such  bonds  shall  be  approved 
by  the  board  of  trustees.  All  bonds,  when  approved,  shall  be  filed  with 
the  clerk,  except  the  bond  of  the  clerk,  which  shall  be  filed  with  the 
president  of  the  board  of  trustees.  All  the  provisions  of  any  law  of  this 
state  relating  to  the  official  bonds  of  officers,  shall  apply  to  such  bonds, 
except  as  herein  otherwise  provided.  Every  officer  of  such  city,  before 
entering  upon  the  duties  of  the  office,  shall  take  and  file  with  the  clerk 
the  constitutional  oath  of  office. 


845  MUNICIPAL  CORPORATION  BILL.     Act  2348,  §§  854-856 

Vacancies,  how  filled. 

§854.  Any  vacancy  occurring  in  any  of  the  oflfices  provided  for  in  this 
act  shall  be  filled  b}-^  appointment  by  the  boar'd  of  trustees;  but  if  such 
office  be  elective,  such  appointee  shall  hold  office  only  until  the  next 
regular  election,  at  which  time  a  person  shall  be  elected  to  serve  for 
the  remaiuder  of  such  unexpired  term.  In  case  a  member  of  the  board 
of  trustees  is  absent  from  the  city  for  the  period  of  ninety  days,  unless 
by  permission  of  the  board  of  trustees,  his  office  shall  by  the  board  be 
declared  vacant,  and  the  same  filled  as  in  case  of  other  vacancies. 

Trustees,  compensation  may  be  granted  by  electors. 

§  855.  The  members  of  the  board  of  trustees  shall  receive  no  com- 
pensation whatever;  provided,  that  in  all  such  cities,  the  question  of 
whether  the  members  of  such  board  or  any  of  tliem  shall  receive  any 
compensation  lor  his  services  as  such  member  and  the  amounts  thereof, 
may  be  submitted  to  the  qualified  electors  of  such  cities  at  any  general 
election,  and  if  a  majority  of  such  electors  voting  at  such  election  shall 
vote  in  favor  thereof,  then  such  trustee  or  trustees  shall  receive  the 
compensation  specified  in  the  call  submitting  such  question  at  such  elec- 
tion; such  compensation  to  begin  on  the  first  day  of  the  month  next 
succeeding  the  canvass  of  the  return  of  such  election  and  the  amount 
so  fixed  shall,  from  such  date,  be  a  regular  charge  against  such  city, 
payable  the  same  as  other  fixed  salaries  are  paid.  Such  compensation 
may  be  increased  or  diminished  at  any  general  election  thereafter,  by 
submission  of  such  question  in  the  same  manner  and  by  the  same  vote 
as  herein  provided  for  the  original  creation  of  such  compensation. 

The  clerk,  treasurer,  marshal,  and  recorder  shall  severally  receive,  at 
stated  times,  a  compensation,  to  be  fixed  by  ordinance  by  the  board  of 
trustees,  which  compensation  shall  not  be  increased  or  diminished  after 
their  election,  or  during  their  several  terms  of  office.  Notliing  herein 
contained  shall  be  construed  to  prevent  the  board  of  trustees  from  fixing 
such  several  amounts  of  compensation  in  the  first  instance,  during  the 
term  of  office  of  any  such  officer,  or  after  his  election.  The  compensa- 
tion of  all  other  officers  shall  be  fixed  from  time  to  time  by  the  board 
of  trustees.  [Amendment  approved  March  6,  1909.  Stats.  1909,  p.  148. 
In   effect   immediately.] 

Election  provisions. 

§  856.  All  elections  in  such  city  or  town  shall  be  held  in  accordance 
with  the  general  election  laws  of  the  state,  so  far  as  the  same  may  be 
made  applicable;  and  no  person  shall  be  entitled  to  vote  at  such  election 
unless  he  shall  be  a  qualified  elector  of  the  county,  enrolled  upon  the 
great  register  thereof,  and  shall  have  resided  in  such  city  for  at  least  thirty 
daj's  next  preceding  such  election.  The  board  of  trustees  shall  give  such 
notice  of  each  election  as  may  be  prescribed  by  ordinance,  shall  appoint 
boards  of  election,  and  fix  their  compensation,  and  establish  election 
precincts  and  polling-places,  and  may  change  the  same.  At  any  munici- 
pal election  the  last  printed  great  register  of  the  county  shall  be  used, 
and  any  elector  whose  name  is  not  upon  such  printed  register  shall  be 


Act  2348,  §§  857-861  GENERAL  LAWS.  846 

entitled  to  vote  upon  producing  and  filing  with  the  board  of  election 
a  certificate,  under  the  hand  and  official  seal  of  the  county  clerk,  showing 
that  his  name  is  registered  and  uncanceled  upon  the  great  register  of 
such  county;  provided,  that  he  is.  otherwise  entitled  to  vote. 

Eligibility  to  office. 

§  857.  No  person  shall  be  eligible  to  or  hold  any  elective  office  in  such 
city,  unless  he  be  a  resident  and  elector  therein,  and  shall  have  resided 
in  such  city  for  one  year  next  preceding  the  date  of  such  election. 
[Amendment,  became  a  law  under  constitutional  provision  without  gov- 
ernor's approval,  March  14,  1901.  Stats.  1901,  p.  293.  In  effect  imme- 
diately.] 

Article    HI. — Legislative    Department. 
Board  of  trustees. 

§  858.  The  board  of  trustees  shall  meet  on  the  Monday  next  succeed- 
ing the  date  of  said  general  municipal  election,  shall  take  the  oath  of 
office,  shall  choose  one  of  their  number  president,  and  shall  hold  regular 
meetings  at  least  once  in  each  month,  at  such  times  as  they  shall  fix  by 
ordinance.  Special  meetings  may  be  called  at  any  time  by  the  president 
of  the  board,  or  by  three  trustees,  by  written  notice  delivered  to  each 
member,  at  least  three  hours  before  the  time  specified  for  the  proposed 
meeting.  All  meetings  of  the  board  of  trustees  shall  be  held  within  the 
corporate  limits  of  the  city,  at  such  place  as  may  be  designated  by  ordi- 
nance, and  shall  be  public. 

Meetings. 

§  859.  At  any  meeting  of  the  board  of  trustees  a  majority  of  the  trus- 
tees shall  constitute  a  quorum  for  the  transaction  of  business,  but  a  less 
number  may  adjourn  from  time  to  time,  and  may  compel  the  attendance 
of  absent  members  in  such  manner  and  under  such  penalties  as  may  be 
prescribed  by  ordinance.  The  president  of  the  board  shall  preside  at  all 
meetings  of  the  board,  and  in  case  of  his  absence  the  board  may  ap- 
point a  president  pro  tem.;  and  in  case  of  the  absence  of  the  clerk,  the 
president  or  president  pro  tem.  shall  appoint  one  of  the  members  of  the 
board  clerk  pro  tem. 

Rules. 

§860.  The  board  of  trustees  shall  judge  of  the  qnnlifications  of  its 
members  and  of  all  election  returns,  and  determine  contested  elections  of 
all  city  officers.  They  may  establish  rules  for  the  conduct  of  their  pro- 
ceedings, and  punish  any  member  or  other  person  for  disorderly  behavior 
at  any  meeting.  They  shall  cause  the  clerk  to  keep  a  correct  journal  of 
all  their  proceedings,  and  at  the  desire  of  any  member  shall  cause  the 
ayes  and  noes  to  be  taken  on  any  question,  and  entered  on  the  journal. 

Franchises  and  resolutions  to  pay  money. 

§861.  No  ordinance,  and  no  resolution  granting  any  franchise  for 
any  purpose,  shall  be  passed  by  the  board  of  trustees  on  the  day  of  its 
introduction,  nor  within  five  days  thereafter  nor  at  any  other  than  a 


847  MUNICIPAL  CORPORATION  BILL,  Act  2348,  §862 

regular  meeting.     No  resolution  or  order  for  the  payment  of  money  shall  be 
passed  at  any  other  time  than  at  a  regular  meeting.     And  no  such  ordinance, 
resolution,  or  order  shall  have  any  validity  or  effect  unless  passed  by  the 
votes  of  at  least  three  trustees. 
Powers. 

§  862.     The  board  of  trustees  of  said  city  shall  have  power: 

Ordinances. 

1.  To  pass  ordinances  not  in  conflict  with  the  constitution  and  laws  of 
this  state  or  of  the  United  States. 

Real  estate. 

2.  To  purchase,  lease,  or  receive  such  real  estate  situated  inside  or  outside 
of  the  city  limits  and  personal  projperty  as  may  be  necessary  or  proper 
for  municipal  purposes,  and  to  control,  dispose  of,  and  convey  the  same 
for  the  benefit  of  the  city  or  town;  provided,  they  shall  not  have  power  to 
sell  or  convey  any  portion  of  any  waterfront. 

Water. 

3.  To  contract  for  supplying  the  city  or  town  with  water  for  municipal 
purposes,  or  to  acquire,  construct,  repair,  and  manage  pumps,  aqueducts,  res- 
ervoirs, or  other  works  necessary  or  proper  for  supplying  water  for  the  use 
of  such  city  or  the  inhabitants,  or  for  irrigating  purposes  therein. 

Highways. 

4.  To  establish,  build  and  repair  bridges ;  to  establish,  lay  out,  alter,  keep 
open,  improve,  and  repair  streets,  sidewalks,  alleys,  and  other  public  high- 
ways, squares  and  parks,  and  places  within  the  city  or  town,  and  to  drain, 
sprinkle,  oil,  and  light  the  same;  to  remove  all  obstructions  therefrom;  to 
establish  the  grades  thereof;  to  grade,  pave,  macadamize,  gravel,  and  curb 
the  same,  in  whole  or  in  part,  and  to  construct  gutters,  culverts,  sidewalks, 
and  cross-walks  therein,  or  on  any  part  thereof;  to  cause  to  be  planted,  set  out, 
and  cultivated,  shade  trees  therein;  and  generally  to  manage  and  control  all 
such  highways  and  places;  and  in  the  exercise  of  the  powers  herein  granted 
to  expend,  in  their  discretion,  the  ordinary  annual  income  and  revenue  of 
the  municipality  in  payment  of  the  costs  and  expenses  of  the  whole  or  any 
part  of  such  work  or  improvement. 

Sewers, 

5.  To  construct,  establish,  and  maintain  drains  and  sewers. 

Fire  extinguishers. 

6.  To  provide  fire-engines  and  all  other  necessary  and  proper  apparatus  for 
the  prevention  and  extinguishment  of  fires. 

Poll  tax. 

7.  To  impose  on  and  collect  from  every  male  inhabitant  between  the  ages 
of  twenty-one  and  sixty  years,  an  annual  street  poll  tax,  not  exceeding  two 
dollars ;  and  no  other  road  poll  tax  shall  be  collected  within  the  limits  of  the 
city. 

Dog  tax, 

8.  To  impose  and  collect  an  annual  license  not  exceeding  two  dollars  on 
every  male  dog,  and  four  dollars  on  every  female  dog  owned  or  harbored 
within  the  limits  of  the  city. 


Act  2348,  §  862  GENERAL  LAWS.  848 

Property  tax. 

9.  To  levy  and  collect  annually  a  property  tax,  which  shall  not  exceed 
one  dollar  on  each  one  hundred  dollars. 

Licenses. 

10.  To  license,  for  the  purpose  of  revenue  and  regulation,  all  and  every 
kind  of  business  authorized  by  law  and  transacted  and  carried  on  in  such  city 
or  town,  and  all  shows,  exhibitions,  and  lawful  games  carried  on  therein;  to 
fix  the  rates  of  license  tax  upon  the  same,  and  to  provide  for  the  collection 
of  the  same  by  suit  or  otherwise. 

Waterfront  improvement. 

11.  To  improve  the  rivers  and  streams  flowing  through  such  city  or  adjoin- 
ing the  same;  to  widen,  straighten,  and  deepen  the  channels  thereof,  and  re- 
move obstructions  therefrom ;  to  improve  the  waterfront  of  the  city ;  to  con- 
struct and  maintain  embankments  and  other  works,  to  protect  such  city 
from  overflow ;  and  to  acquire,  own,  construct,  maintain,  and  operate  on  any 
lands  bordering  on  any  navigable  bay,  lake,  inlet,  river,  creek,  slough,  or  arm 
of  the  sea  within  the  corporate  limits  of  such  city  or  contiguous  thereto, 
wharves,  chutes,  piers,  breakwaters,  bath-houses,  and  life-saving  stations. 
Public  buildings. 

12.  To  erect  and  maintain  buildings  for  municipal  purposes,  and  to  acquire 
and  maintain  cemeteries,  situated  inside  or  outside  of  said  city. 

Tracks  and  pipes. 

13.  To  acquire,  own,  construct,  maintain,  and  operate  street  railways,  tele- 
phone and  telegraph  lines,  gas  and  other  works  for  light,  power,  and  heat; 
public  libraries,  museums,  gymnasiums,  parks,  and  baths,  and  to  permit  un- 
der such  restrictions  as  they  may  deem  proper,  the  laying  of  railroad  tracks 
and  the  running  of  cars  drawn  by  horses,  steam,  or  other  power  thereon,  and 
the  laying  of  gas  and  water  pipes  in  the  public  streets,  and  to  permit  the 
construction  and  maintenance  of  telegraph  and  telephone  lines  therein. 

Violation  of  ordinances. 

14.  To  impose  fines,  penalties,  and  forfeitures  for  any  and  all  violations 
of  ordinances;  and  for  any  breach  or  violation  of  any  ordinance;  to  fix  the 
penalty  by  fine  or  imprisonment,  or  both ;  but  no  such  fine  shall  exceed  three 
hundred  dollars,  nor  the  term  of  imprisonment  exceed  three  months. 

Prison  labor. 

15.  To  cause  all  persons  imprisoned  for  violation  of  any  ordinance  to  labor 
on  the  streets,  or  other  public  property,  or  works  within  the  city. 

Fire  limits. 

16.  To  establish  and  maintain  fire  limits,  and  regulate  building  and 
construction  and  removal  of  buildings  within  the  municipality. 

Issuance  of  subpoenas. 

17.  To  issue  subpoenas  for  the  attendance  of  witnesses,  or  the  production 
of  booRs  or  other  documents,  for  the  purpose  of  producing  evidence  or  testi- 
mony in  any  action  or  proceeding  pending  before  the  board  of  trustees,  which 
subpoenas  must  be  signed  by  the  president  of  the  board  of  trustees  and  at- 
tested by  the  city  clerk  and  may  be  served  in  the  same  manner  as  subpoenas 
are  served  in  civil  actions.     Whenever  any  person  duly  subpoenaed  to  appear 


849  MUNICIPAL  CORPORATION  BILL.        Act  2348,  §§  863-865 

and  give  evidence,  or  to  produce  any  books  or  any  documents  as  herein  pro- 
vided, shall  neglect  or  refuse  to  appear,  or  to  produce  such  books  or  docu- 
ments, as  required  by  such  subpoena,  or  shall  refuse  to  testify  before  such 
board,  or  to  answer  any  questions  which  a  majority  thereof  shall  decide  to 
be  proper  and  pertinent,  it  shall  be  the  duty  of" the  president  of  the  board  to 
report  the  fact  to  the  judge  of  the  superior  court  of  the  county,  who  shall 
thereupon  issue  an  attachment  in  the  form  usual  in  the  court  of  which  he 
shall  be  judge,  directed  to  the  sheriff  of  the  county  where  such  witness  was 
required  to  appear  and  testify,  commanding  the  said  sheriff  to  attach  such 
person,  and  forthwith  bring  him  before  the  judge  by  whose  order  such  attach- 
ment was  issued.  On  the  return  of  the  attachment  and  the  production  of 
the  body  of  the  defendant,  the  said  judge  shall  have  jurisdiction  of  the  mat- 
ter, and  tlie  person  charged  may  purge  himself  of  the  contempt  in  the  same 
way,  and  the  same  proceedings  shall  be  had,  and  the  same  penalties  may  be 
imposed,  and  the  same  punishment  inflicted  as  in  the  case  of  a  witness  sub- 
poenaed to  appear  and  give  evidence  on  the  trial  of  a  civil  cause  before  a 
superior  court. 

Expenditure. 

18.  To  expend  such  sum  as  the  board  of  trustees  shall  deem  proper,  not  to 
exceed  five  per  cent  of  the  property  tax  levy  in  any  one  fiscal  year,  for  music 
and  promotion. 

Other  acts. 

19.  To  do  and  perform  any  and  all  other  acts  and  things  necessary  or 
proper  to  carry  out  the  provisions  of  this  act.  [Amendment  approved  March 
19,  1909.     Stats.  1909,  p.  420.     In  effect  immediately.] 

Enacting  clause. 

§  863.     The  enacting  clause  of  all  ordinances  shall  be  as   follows :    "The 

board  of  trustees  of  the  city  (or  town)  of ,  do  ordain  as  follows."    Every 

ordinance  shall  be  signed  by  the  president  of  the  board  of  trustees,  attested 
by  the  clerk,  and  published  at  least  once  in  a  newspaper  published  in  such  city 
or  town,  or  printed  and  posted  in  at  least  three  public  places  therein. 

Demands. 

§  864.  All  demands  against  such  city  or  town  shall  be  presented  to  and 
audited  by  the  board  of  trustees,  in  accordance  with  such  regulations  as  they 
may  by  ordinance  prescribe;  and  upon  the  allowance  of  any  such  demand,  the 
president  of  the  board  shall  draw  a  warrant  upon  the  treasurer  for  the  same, 
which  warrant  shall  be  countersigned  by  the  clerk,  and  shall  specify  for  what 
purpose  the  same  is  drawn,  and  out  of  what  fund  it  is  to  be  paid. 

Indebtedness  not  to  exceed  available  funds. 

§  865.  The  board  of  trustees  shall  not  create,  audit,  allow,  or  permit  to 
accrue,  any  debt  or  liability  in  excess  of  the  available  money  in  the  treasury 
that  may  be  legally  apportioned  and  appropriated  for  such  purposes;  pro- 
vided, that  any  city  or  town  during  the  first  year  of  its  existence  under  this 
act  may  incur  such  indebtedness  or  liability  as  may  be  necessary,  not  exceed- 
ing in  all  the  income  and  revenue  provided  for  it  in  such  year;  nor  shall  any 
warrant  be  drawn,  or  evidence  of  indebtedness  be  issued,  unless  there  be  at 
Gen.  Laws — 54 


Act  2348,  §§  866-869  GENERAL  LAWS.  850 

the  time  sufficient  money  in  the  treasury  legally  applicable  to  the  payment 
of  the  same,  except  as  hereinafter  provided. 
Incurring  excess  decided  by  vote. 

§  866.  If  at  any  time  the  board  of  trustees  shall  deem  it  necessary  to  in- 
cur any  indebtedness  in  excess  of  the  money  in  the  treasury  applicable  to  the 
purpose  for  which  such  indebtedness  is  to  be  incurred,  they  shall  give  notice 
of  a  special  election  by  the  qualified  electors  of  the  city  or  town,  to  be  held 
to  determine  whether  such  indebtedness  shall  be  incurred.  Such  notice  shall 
specify  the  amount  of  indebtedness  proposed  to  be  incurred,  the  purpose  or 
purposes  of  the  same,  and  the  amount  of  money  necessary  to  be  raised  an- 
nually, by  taxation,  for  an  interest  and  sinking  fund  as  hereinafter  provided. 
Such  notice  shall  be  published  for  at  least  two  weeks  in  some  newspaper 
published  in  such  city  or  town ;  and  no  other  question  or  matter  shall  be  sub- 
mitted to  the  electors  at  such  election.  If  upon  a  canvass  of  the  votes  cast 
at  such  election  it  appears  that  not  less  than  two-thirds  of  all  the  qualified 
electors  voting  at  such  election  shall  have  voted  in  favor  of  incurring  such 
indebtedness,  it  shall  be  the  duty  of  the  board  of  trustees  to  pass  an  ordi- 
nance providing  for  the  mode  of  creating  such  indebtedness,  and  of  paying 
the  same;  and  in  such  ordinance  provision  shall  be  made  for  the  levy  and 
collection  of  an  annual  tax  upon  all  the  real  and  personal  property  subject 
to  taxation  within  such  city  or  town,  sufficient  to  pay  the  interest  on  such 
indebtedness  as  it  falls  due;  and  also  to  constitute  a  sinking  fund  for  the 
payment  of  the  principal  thereof,  within  a  period  of  not  more  than  twenty 
years  from  the  time  of  contracting  the  same.  It  shall  be  the  duty  of  the 
board  of  trustees,  in  each  year  thereafter,  at  the  time  at  which  other  taxes 
are  levied,  to  levy  a  tax  sufficient  for  such  purpose,  in  addition  to  the  taxes 
by  this  chapter  authorized  to  be  levied.  Such  tax,  when  collected,  shall  be 
kept  in  the  treasury  as  a  separate  fund,  to  be  inviolably  appropriated  to  the 
payment  of  the  principal  and  interest  of  such  indebtedness. 
Incarceration. 

§  867.  The  violation  of  any  ordinance  of  such  city  or  town  shall  be  deemed 
a  misdemeanor,  and  may  be  prosecuted  by  the  authorities  of  such  city  or 
town  in  the  name  of  the  people  of  the  state  of  California,  or  may  be  redressed 
by  civil  action,  at  the  option  of  said  authorities.  Any  person  sentenced  to 
imprisonment  for  the  violation  of  an  ordinance  may  be  imprisoned  in  the 
jail  for  such  city  or  town;  or  if  the  board  of  trustees  by  ordinance  shall  so 
prescribe,  in  the  county  jail  of  the  county  in  which  such  city  or  town  may 
be  situated,  in  which  case  the  expense  of  such  imprisonment  shall  be  a  charge 
in  favor  of  such  county  and  against  such  city  or  town. 

Nuisaaices. 

§  868.  Every  act  or  thing  done  or  being  within  the  limits  of  such  city  or 
town,  which  is  or  may  be  declared  by  law  or  by  any  ordinance  of  such  city 
or  town  to  be  a  nuisance,  shall  be  and  is  hereby  declared  to  be  a  nuisance, 
and  shall  be  considered  and  treated  as  such  in  all  actions  and  proceedings 
whatever;  and  all  remedies  which  are  or  may  be  given  by  law  for  the  pre- 
vention and  abatement  of  nuisances  shall  apply  thereto. 
Cost  of  street  work  assessed  on  fronting  property. 

§  869.  The  board  of  trustees  are  hereby  authorized  and  empowered  to  or- 
der any  work  authorized  by  this  chapter  to  be  done  upon  the  streets,  avenues, 


851  MUNICIPAL  CORPORATION  BILL.  Act  2348,  §  870 

highways,  and  public  places  of  such  city  or  town.  The  cost  and  expense  in- 
curred therefor  shall  be  paid  as  follows,  to  wit:  The  expense  or  cost  of  im- 
proving and  repairing  streets,  sidewalks,  alleys,  squares,  and  other  public 
highways  and  places  within  the  city  or  town,  removing  obstructions  there- 
from; grading,  paving,  macadamizing,  graveling,  and  curbing  the  same,  and 
constructing  gutters,  culverts,  and  sidewalks  therein,  shall  be  assessed  upon 
the  lots  and  lands  fronting  thereon,  each  lot  or  portion  of  a  lot  being  sepa- 
rately assessed  for  the  full  depth  thereof  in  proportion  to  the  benefits  upon 
the  property  to  be  benefited,  sufficient  to  cover  the  total  expense  of  the  work 
to  the  center  of  the  street  on  which  it  fronts;  provided,  that  the  board  of 
trustees  may  expend  from  the  general  fund  for  said  purposes  a  sum  which 
in  their  judgment  may  be  necessary.  The  expense  of  all  improvements  in 
the  space  formed  by  the  junction  of  two  or  more  streets,  or  where  one  main 
street  terminates  in  or  crosses  another  main  street,  and  also  all  necessary 
street  crossings,  or  crossways  at  corners  or  intersection  of  streets,  and  the 
expense  of  establishing,  building,  and  repairing  bridges  in  such  city  or  town, 
shall  be  paid  by  such  city  or  town.  The  expense  incurred  in  making  and 
repairing  sewers  in  any  street  shall  be  paid,  one-fourth  by  the  owner  of  the 
lands  on  one  side  of  said  street,  one-fourth  by  the  owner  of  the  land  on  the 
other  side  of  said  street,  and  one-half  by  the  city  or  town  out  of  the  sewer 
fund.  In  all  the  streets  constituting  the  waterfront  of  such  city  or  town, 
or  bounded  on  the  one  side  by  the  property  thereof,  the  expense  of  work  done 
on  that  portion  of  said  streets,  from  the  center  line  thereof  to  the  said  water- 
front, or  to  such  property  of  the  city  or  town  bounded  thereon,  shall  be  paid 
for  by  such  city  or  town,  but  no  contract  for  any  such  work  shall  be  given 
except  to  the  lowest  responsible  bidder,  and  in  the  manner  hereinafter  pro- 
vided. When  any  work  or  improvements  mentioned  in  this  section  is  done 
or  made  on  one  side  of  the  center  line  of  said  streets,  avenues,  or  public 
highways,  the  lots  or  portions  of  lots  fronting  on  that  side  only  shall  be 
assessed  to  cover  the  expenses  of  said  work  according  to  the  provisions  of 
this  chapter.  Whenever  any  expenses  or  costs  of  work  shall  have  been  as- 
sessed on  any  lands,  the  amount  of  said  expenses  shall  become  a  lien  upon 
said  lands,  which  shall  take  precedence  of  all  other  liens,  and  which  may  be 
foreclosed  in  accordance  with  the  provisions  of  the  Code  of  Civil  Procedure. 
Such  suit  shall  be  in  the  name  of  such  city  or  town  as  plaintiff.  Upon  the 
filing  of  a  complaint  in  the  superior  court  to  enforce  a  lien  of  any  kind  hereon, 
the  plaintiff  shall  be  entitled,  if  a  recovery  is  had  or  the  money  is  paid,  to 
include  as  costs  the  sum  of  twenty-five  dollars  as  attorney's  fees. 

Right  of  way. 

§  870.  Whenever  it  shall  become  necessary  for  the  city  or  town  to  take  or 
damage  private  property  for  the  purpose  of  establishing,  laying  out,  extend- 
ing and  widening  streets  and  other  public  highways  and  places  within  the 
city  or  town,  or  for  the  purpose  of  rights  of  way  for  drains,  sewers  and 
aqueducts,  and  for  the  purpose  of  widening,  straightening  or  diverting  the 
channels  of  streams,  or  the  improvement  of  waterfronts,  or  the  acquisition  or 
maintenance  of  public  harbors,  tlie  trustees  may  direct  proceedings  to  be 
taken  under  section  1237  and  following  sections,  to  and  including  section  1263 
of  the  Code  of  Civil  Procedure,  to  procure  the  same.  [Amendment  approved 
Februarj  20,  1901.    Stats.  1901,  p.  12.    In  effect  immediately.] 


Act  2348,  §§  871,  872  GENERAL  LAWS.  852 

Levy  of  taxes. 

§  871.  The  board  of  trustees  shall  have  the  power,  and  it  shall  be  their 
duty,  to  provide  by  ordinance  a  system  for  the  assessment,  levy,  and  collec- 
tion of  all  city  or  town  taxes  not  inconsistent  with  the  provisions  of  this 
chapter.  All  taxes  shall  be  collected  by  the  marshal  or  treasurer,  as  may  be 
determined  by  the  board  of  trustees  by  ordinance.  All  taxes  assessed,  to- 
gether with  any  percentage  imposed  for  delinquency  and  the  costs  of  collec- 
tion, shall  constitute  liens  on  the  property  assessed;  every  tax  upon  personal 
property  shall  be  a  lien  upon  the  real  property  of  the  owner  thereof.  The 
liens  provided  for  in  this  section  shall  attach  as  of  the  first  Monday  in  March 
of  each  year,  and  may  be  enforced  by  a  sale  of  the  real  property  affected, 
and  the  execution  and  delivery  of  all  necessary  certificates  and  deeds  there- 
for, under  such  regulations  as  may  be  prescribed  by  ordinance,  or  by  action 
in  any  court  of  competent  jurisdiction  to  foreclose  such  liens;  provided,  that 
any  property  sold  for  such  taxes  shall  be  subject  to  redemption  within  five 
years  and  upon  the  terms  provided  or  that  may  hereafter  be  provided  for  the 
redemption  of  property  sold  for  state  taxes.  All  deeds  made  upon  any  sale 
of  property  for  taxes  or  special  assessments  under  the  provisions  of  this 
chapter  shall  have  the  same  force  and  effect  in  evidence  as  is  or  may  here- 
after be  provided  by  law  for  deeds  for  property  sold  for  nonpayment  of  state 
taxes.     [Amendment  approved  March  8,   1905.     Stats.   1905,  p.   89.] 

Section  3  of  the  act  amending  this  section  and  section  773  is  as  follows : 
§  3.  This  act  shall  not  repeal,  or  in  any  manner  affect,  modify,  or  inter- 
fere with  the  provisions  of  an  act  entitled  "An  act  to  provide  for  the  levy  and 
collection  of  taxes  by  and  for  the  use  of  municipal  corporations  and  cities 
incorporated  under  the  laws  of  the  state  of  California,  except  municipal  cor- 
porations of  the  first  class,  and  to  provide  for  the  consolidation  and  abolition 
of  certain  municipal  offices,  and  to  provide  that  their  duties  may  be  per- 
formed by  certain  officers  of  the  county,  and  fixing  the  compensation  to  be 
allowed  for  such  county  officers  for  the  services  so  rendered  to  such  municipal 
corporations,"  approved  March  27,  1895;  or  any  of  the  provisions  of  an  act 
entitled  "An  act  to  provide  for  the  levy  and  collection  of  taxes  by  and  for 
the  use  of  municipal  corporations  and  cities  incorporated  under  the  laws  of 
the  state,  except  municipal  corporations  of  the  first,  second,  third  and  fourth 
classes,  and  cities  operating  under  a  charter  framed  under  section  8,  article 
11,  of  Constitution,"  approved  March  2,  1891. 

Equalization. 

§  872.  The  board  of  trustees  shall  meet  at  their  usual  place  of  holding 
meetings  on  the  second  Monday  of  August  of  each  year,  at  10  o'clock  in 
the  forenoon  of  said  day,  and  sit  as  a  board  of  equalization,  and  shall 
continue  in  session  from  day  to  day  until  all  the  returns  of  the  assessor 
have  been  rectified.  They  shall  have  power  to  hear  complaints,  and  to 
correct,  modify,  or  strike  out  any  assessment  made  by  the  assessor,  and 
may,  of  their  own  motion,  raise  any  assessment,  upon  notice  to  the  party 
whose  assessment  is  to  be  raised.  The  corrected  list  for  each  tax  shall 
be  the  assessment-roll  for  said  tax  for  said  year.  It  shall  be  certified 
by  the  clerk,  who  shall  act  as  clerk  of  the  board  of  equalization,  as  being 


858  MUNICIPAL   CORPORATION  BILL.      Act  2348,  §§  873-875 

the   aspessmentroll  for  said   tax,   and   shall  be   the   assessmeut-roll   upon 
which  such  tax  is  to  be  levied  in  said  year. 

Construction  of  act. 

§873.  Nothing  in  this  chapter  contained  shall  be  construed  to  prevent 
any  city  or  town  having  a  bonded  indebtedness,  contracted  under  lawa 
heretofore  passed,  from  levying  and  collecting  such  taxes  for  the  pay- 
ment of  such  indebtedness,  and  the  interest  thereon,  as  are  provided  for 
in  such  laws,  in  addition  to  the  taxes  herein  authorized  to  be  levied  and 
collected.  All  moneys  received  from  licenses,  street  poll  tax,  and  from 
fines,  penalties,  and  forfeitures,  shall  be  paid  into  the  general  fund. 

Public  work  to  be  done  by  contract. 

§  874.  In  the  erection,  improvement,  and  repair  of  all  public  buildings 
and  works,  in  all  street  and  sewer  work,  and  in  all  work  in  or  about 
streams,  bays,  or  waterfronts,  or  in  or  about  embankments,  or  other 
works  for  protection  against  overflow,  and  in  furnishing  any  supplies  or 
materials  for  the  same,  when  the  expenditure  required  for  the  same  ex- 
ceeds the  sum  of  one  hundred  dollars,  the  same  shall  be  done  by  con- 
tract, and  shall  be  let  to  the  loWcst  responsible  bidder,  after  notice  by 
publication  in  a  newspaper  of  general  circulation,  printed  and  published 
in  such  city  or  town,  for  at  least  two  weeks,  or  if  there  be  no  news- 
paper printed  or  published  therein,  by  printing  and  posting  the  same  in 
at  least  four  public  places  therein  for  the  same  period;  such  notice  shall 
distinctly  and  specifically  state  the  work  contemplated  to  be  done;  pro- 
vided, that  the  board  of  trustees  may  reject  any  and  all  bids  presented 
and  re-advertise,  in  their  discretion.  The  board  of  trustees  shall  annu- 
ally, at  a  stated  time,  contract  for  doing  all  city  printing  and  advertis- 
ing, which  contract  shall  be  let  to  the  lowest  bidder,  after  notice,  as 
provided  in  this  section.  [Amendment  approved  March  9,  1897.  Stats. 
1897,  p.  89.] 

Signature  of  warrant  and  contracts. 

§  875.  The  president  of  the  board  of  trustees  shall  preside  over  all 
meetings  of  the  board  at  which  he  is  present.  In  his  absence  a  president 
pro  tem.  may  be  chosen.  The  president,  and  in  his  absence  the  pres- 
ident pro  tem.,  shall  sign  all  warrants  drawn  on  the  treasurer,  and  shall 
sign  all  written  contracts  entered  into  by  said  city  or  town,  as  such 
president  or  president  pro  tem.  The  authority  and  power  of  the  pres- 
ident pro  tem.  shall  continue  only  during  the  day  on  which  he  is  chosen. 
The  president  and  president  pro  tem.  shall  have  power  to  administer 
oaths  and  affirmations,  and  take  affidavits  and  testify  the  same  under 
their  hands.  The  president  or  president  pro  tem.  shall  sign  all  convey- 
ances made  by  said  city  or  town,  and  all  instruments  wliich  shall  require 
the  seal  of  the  city  or  town.  The  president  is  authorized  to  acknowledge 
the  execution  of  all  instruments  executed  by  said  city  or  town,  that  re- 
quire to  be  acknowledged. 


Act  2348,  §§  876-878  GENERAL  LAWS.  854 

Article  IV. — Executive  Department. 
Treasurer. 

§  876.  It  shall  be  the  duty  of  the  treasurer  to  receive  and  safely  keep 
all  moneys  which  shall  come  into  his  hands  as  treasurer,  for  all  of  which 
he  shall  give  duplicate  receipts,  one  of  which  shall  be  filed  with  the  clerk. 

He  shall  pay  out  said  money  or  warrants  signed  by  the  president  and 
countersigned  by  the  clerk,  and  not  otherwise.  He  shall  make  quarterly 
settlements  with  the  clerk.  When  no  compensation  has  been  allowed 
to  him  by  the  board  of  trustees,  he  shall  be  allowed  one  per  cent  on  all 
moneys  received  and  paid  by  him  as  such  treasurer.  He  may  credit  him- 
self with  such  per  cent  in  his  settlements  with  the  clerk.  Upon  each 
quarterly  settlement  he  shall  file  a  statement  of  his  account  with  the 
clerk.     [Amendment  approved  March  30,  1903.     Stats.   1903,  p.  336.] 

Assessor. 

§  877.  It  shall  be  the  duty  of  the  assessor,  between  the  first  day  of 
May  and  the  first  day  of  August  in  each  year,  to  make  out  a  true  list 
of  all  the  taxable  property  within  the  city  or  town.  The  mode  of  mak- 
ing out  of  said  list,  and  proceedings  relating  thereto,  shall  be  in  con- 
formity with  laws  now  in  force  regula'ting  county  assessors,  except  as 
the  same  may  be  otherwise  provided  in  this  act,  or  by  ordinance.  Said 
list  shall  describe  the  property  assessed,  and  the  value  thereof,  and  shall 
contain  all  other  matters  required  to  be  stated  in  such  lists  by  county 
assessors.  Said  assessor  shall  verify  said  list  by  his  oath,  and  shall  de- 
posit the  same  with  the  clerk  on  or  before  the  first  Monday  of  August 
of  each  year.  The  assessor  shall,  during  said  time,  also  make  a  list  of 
all  male  persons  residing  within  the  limits  of  the  city  or  town,  over  the 
age  of  twenty-one  years,  and  shall  verify  said  list  by  his  oath,  and  shall, 
on  or  before  the  first  Monday  of  August  in  each  year,  deposit  the  same 
with  the  clerk.  Said  assessor  and  his  deputy  shall  have  power  to  ad- 
minister all  oaths  and  affirmations  necessary  in  the  performance  of  his 
duty. 

Clerk. 

§  878.  It  shall  be  the  duty  of  the  clerk  to  keep  a  full,  true  record 
of  all  the  proceedings  of  the  board  of  trustees  and  of  the  board  of  equal- 
ization. The  proceedings  of  the  board  of  trustees  shall  be  kept  in  a 
book,  marked  "Kecords  of  the  Board  of  Trustees."  The  proceedings  of 
the  board  of  equalization  shall  be  kept  in  a  separate  book,  marked  "Rec- 
ords of  the  Board  of  Equalization."  He  shall  keep  a  book,  which  shall 
be  marked  "City  or  Town  Accounts,"  in  which  shall  be  entered  as  a 
credit  all  moneys  received  by  the  city  or  town  for  licenses,  the  amount 
of  any  tax  when  levied,  and  all  other  moneys  when  received,  and  in 
which  shall  be  entered  upon  the  debtor  side  all  commissions  deducted  and 
all  warrants  drawn  on  the  treasury.  He  shall  also  keep  a  book,  marked 
"Marshal's  Account,"  in  which  he  shall  charge  the  marshal  with  all  the 
tax  lists  delivered  to  him,  and  all  licenses  delivered  to  him.  He  shall 
credit  the  marshal  with  the  delinquent  lists  returned  by  him,  and  with 
hia  commission  for  collecting.     He  shall  also  keep  a  book,  marked  "Treas- 


855  MUNICIPAL  CORPORATION  BILL.  Act  2348,  §  878 

urer's  Account,"  in  which  he  shall  keep  a  full  account  of  the  transactions 
of  the  city  or  town  with  the  treasurer.  He  shall  also  keep  a  book, 
marked  "Licenses,"  in  which  he  shall  enter  all  licenses  issued  by  him, 
the  date  thereof,  to  whom  issued,  for  what,  the  time  when  it  expires, 
and  the  amount  paid.  He  shall  also  keep  a  book  marked  "Attorney's 
Account,"  and  shall  therein  charge  said  attorney  with  all  delinquent  tax 
lists  delivered  to  him,  and  shall  credit  him  with  money  paid  and  de- 
linquent tax  lists  returned.  He  shall  keep  a  book,  marked  "Ordinances," 
into  which  he  shall  copy  all  city  or  town  ordinances,  with  his  certificate 
annexed  to  said  copy  stating  the  foregoing  ordinance  is  a  true  and  cor- 
rect copy  oJ  an  ordinance  of  the  city  or  town,  and  giving  the  number 
and  title  of  said  ordinance,  and  stating  that  the  same  has  been  pub- 
lished or  posted  according  to  law.  Said  record  copy,  with  said  certificate, 
shall  be  prima  facie  evidence  of  the  contents  of  the  ordinance  and  of 
the  passage  and  publication  of  the  same,  and  shall  be  admissible  as  such 
evidence  in  any  court  or  proceeding.  Such  records  shall  not  be  filed  in 
any  case,  but  shall  be  returned  to  the  custody  of  the  clerk.  Nothing 
herein  contained  shall  be  construed  to  prevent  the  proof  of  the  pas- 
sage and  publication  of  ordinances  in  the  usual  way.  EacTi  of  the 
foregoing  books,  except  the  records  of  the  board  of  trustees  and  the 
board  of  equalization,  shall  have  a  general  index,  sufficiently  compre- 
hensive to  enable  a  person  readily  to  ascertain  matters  coi^tained  therein. 
The  clerk  shall  also  keep  a  book,  marked  "Demands  and  Warrants,"  in 
which  he  shall  note  every  demand  against  the  city  or  town,  and  file 
the  same.  He  shall  state  therein,  under  the  note  of  the  demands,  the 
final  disposition  made  of  the  same;  and  if  the  same  is  allowed,  and  a 
warrant  drawn,  he  shall  also  state  the  number  of  the  warrant,  with  suffi- 
cient dates.  This  book  shall  contain  an  index,  in  which  reference  shall 
be  made  to  each  demand.  Upon  the  completion  of  the  assessment-roll 
of  any  of  the  taxes  of  the  city  or  town,  and  the  levying  of  the  tax 
thereon,  the  clerk  shall  apportion  the  taxes  upon  such  assessment-roll, 
and  make  out  and  deliver  to  the  marshal  a  tax  list  in  the  usual  form, 
taking  his  receipt  therefor.  He  may  appoint  a  deputy,  for  whose  acts 
he  and  his  bondsmen  shall  be  responsible;  and  he  and  his  deputy  shall 
have  power  to  administer  oaths  or  affirmations,  to  take  affidavits  and 
depositions  to  be  used  in  any  court  or  proceeding  in  the  state,  and  to 
certify  the  same.  He  and  his  deputy  shall  take  all  necessary  affidavits 
to  demands  against  the  city  or  town,  and  certify  the  same  without 
charge.  He  shall  be  the  custodian  of  the  seal  of  the  city  or  town.  He 
shall  make  a  quarterly  statement  in  writing,  showing  the  receipts  and 
expenditures  of  the  city  or  town  for  the  preceding  quarter,  and  the 
amount  remaining  in  the  treasury.  He  shall  at  the  end  of  every  fiscal 
year  make  a  full  and  detailed  statement  of  the  receipts  and  expendi- 
tures of  the  preceding  year,  and  a  full  statement  of  the  financial  condi- 
tion of  the  affairs  of  the  city  or  town,  which  shall  be  published.  He  shall 
perform  such  other  services  as  this  act  and  the  ordinances  of  the  board 
of  trustees  shall  require. 


Act  2348,  §§  879,  880  GENERAL  LAWS.  656 

Attorney. 

§879.  It  shall  be  the  duty  of  the  attorney  to  advise  the  city  or  town 
authorities  and  officers  in  all  legal  matters  pertaining  to  the  business  of 
said  city  or  town.  He  shall  receive  the  delinquent  list  and  receipt 
therefor;  he  is  authorized  to  bring  suit  in  the  name  of  the  city  or  town, 
in  the  proper  court,  for  the  collection  of  any  tax;  he  shall  receive  for 
collecting  taxes  such  per  cent  on  the  amount  collected  as  may  be  pro- 
vided by  ordinance,  which  said  per  cent  shall  be  collected  of  the  de- 
linquent taxpayers  as  provided  by  ordinance.  In  case  a  suit  shall  be 
brought  in  the  superior  court  upon  a  tax  upon  real  estate  to  sell  such 
real  estate  for  the  purpose  of  paying  such  tax  and  costs,  he  shall  be  al- 
lowed, in  addition  to  the  said  per  cent,  twenty-five  dollars  for  each  suit 
brought,  to  be  taxed  as  costs  in  such  suit,  and  not  to  be  paid  to  said 
attorney  unless  collected  of  the  defendant  in  such  suit.  Said  attorney 
shall  receive  such  other  compensation  as  may  be  allowed  by  the  board 
of  trustees. 

Marshal, 

§  880.  The  department  of  police  of  said  city  or  town  shall  be  under 
the  direction  and  control  of  the  marslial;  and  for  the  suppression  of  any 
riot,  public  tumult,  disturbance  of  the  peace,  or  resistance  against  the 
laws  or  public  authorities  in  the  lawful  exercise  of  their  functions,  he 
shall  have  the  powers  that  are  now  or  may  hereafter  be  conferred  upon 
sherilfs  by  laws  of  the  state,  and  shall  in  all  respects  be  entitled  to  the 
same  protection;  and  his  lawful  orders  shall  be  promptly  executed  by 
deputies,  police  officers,  and  watchmen  in  said  city  or  town,  and  every 
citizen  shall  also  lend  his  aid,  when  required,  for  the  arrest  of  offenders 
and  maintenance  of  public  order.  He  shall,  and  is  hereby  authorized 
to,  execute  and  return  all  process  issued  and  directed  to  him  by  any 
legal  authority.  It  shall  be  his  duty  to  prosecute  before  the  recorder 
all  breaches  or  violations  of  or  noncompliance  with  any  ordinance  which 
shall  come  to  his  knowledge.  He  shall  collect  all  taxes  levied  by  the 
board  of  trustees,  except  as  is  herein  provided.  He  shall,  at  the  ex- 
piration of  any  month,  pay  to  the  treasurer  all  taxes  and  other  funds 
of  said  city  or  town  collected  by  him  during  said  month.  He  shall, 
upon  payment  of  the  money,  file  with  the  treasurer  an  atfidavit,  stating 
tha,t  the'  money  so  paid  is  all  the  taxes  or  funds  that  he  has  collected 
or  received  during  the  preceding  month.  He  shall,  upon  the  receipt  of 
any  tax  list,  give  his  receipt  for  the  same  to  the  clerk,  and  shall,  upon 
depositing  with  the  clerk  the  delinquent  tax  list,  take  his  receipt  there- 
for. He  shall  receive  from  the  clerk  all  licenses,  and  collect  the  same. 
He  shall  have  charge  of  the  prison  and  prisoners,  and  of  any  chain-gang 
which  may  be  established  by  the  board  of  trustees.  He  shall  for  ser- 
vice of  any  process  receive  the  same  fees  as  constables,  but  his  fees 
for  services  in  any  criminal  action  or  proceeding  upon  process  issued 
from  the  recorder's  court  shall  not  be  a  charge  against  the  county.  He 
may  appoint,  subject  to  the  approval  of  the  board  of  trustees,  one  or 
more  deputies,  for  whose  acts  he  and  his  bondsmen  shall  be  responsible, 
whose  oniy  compensation  shall  be  fees  for  the  service  of  process,  which 


857  MUNICIPAL   CORPORATION  BILL.     Act  2348,  §§  881-883 

shall  be  the  same  as  those  allowed  to  the  marshal.  He  may  also,  with 
the  concurreuce  of  the  president  of  the  board  of  trustees,  when  the  same 
may  be  by  them  deemed  necessary  for  the  preservation  of  public  order, 
appoint  additional  policemen,  who  shall  discharge  the  duties  assigned 
them  for  one  day  only.  He  shall  perform  such  other  services  as  this  act 
and  the  ordinances  of  the  board  of  trustees  shall  require,  and  shall  re- 
ceive such  compensation  as  shall  be  fixed  by  ordinance.  [Amendment 
approved  March  13,  1903.     Stats.  1^03,  p.  135.     In  effect  immediately.] 

CompeBsation  fixed  by  board. 

§881.  The  board  of  trustees  shall,  by  ordinances  not  inconsistent  with 
the  provisions  of  this  chapter,  prescribe  the  additional  duties  of  all 
oflicers,  and  fix  their  compensation. 

Article  V. — Judicial  Department. 
Recorder's  court, 

§882.  A  recorder's  court  is  hereby  established  in  such  city  or  town, 
to  be  held  by  the  recorder  of  such  city  or  town.  Said  recorder's  court 
shall  have  jurisdiction,  concurrently  with  the  justice's  courts,  of  all 
actions  and  proceedings,  civil  and  criminal,  arising  within  the  corporate 
limits  of  such  city  or  town,  and  which  might  be  tried  in  such  justice's 
court;  and  shall  have  exclusive  jurisdiction  of  all  actions  for  the  re- 
covery of  any  fine,  penalty,  or  forfeiture  prescribed  for  the  breach  of 
any  ordinance  of  such  city  or  town,  of  all  actions  founded  upon  any 
obligation  created  by  any  ordinance,  and  of  all  prosecutions  for  any 
violation  of  any  ordinance.  In  all  civil  actions  for  the  recovery  of  any 
fine,  penalty,  or  forfeiture  prescribed  for  the  breach  of  any  ordinance 
of  such  city  or  town,  where  the  fine,  penalty  or  forfeiture  imposed  by 
the  ordinance  is  not  more  than  fifty  dollars,  the  trial  must  be  by  the 
court,  in  civil  actions  where  the  fine,  penalty  or  forfeiture  prescribed 
for  the  breach  of  any  ordinance  of  such  city  or  town  is  over  fifty  dol- 
lars, the  defendant  is  entitled  to  a  jury.  Except  as  in  this  section  other- 
wise provided,  the  rules  of  practice  and  mode  of  proceeding  in  said 
recorder's  court  shall  be  the  same  as  are  o-r  may  be  prescribed  by  law 
for  justices'  courts  in  like  cases;  and  appeals  may  be  taken  to  the  su- 
perior court  of  the  county  in  which  such  city  or  town  may  be  situated, 
from  all  judgments  of  said  recorder's  court,  in  like  manner  and  with 
like  effect  as  in  cases  of  appeals  from  justices'  courts.  [Amendment 
approved  March  7,  1905.     Stats.  1905,  p.  73.     In  effect  in  sixty  days.] 

Powers  of  recorder  as  judge. 

§883.  The  recorder  shall  be  judge  of  the  recorder's  court,  and  shall 
have  the  powers  and  perform  the  duties  of  a  magistrate.  He  may  ad- 
minister and  certify  oaths  and  aflirniations,  and  take  and  certify  acknowl- 
edgments. He  shall  be  entitled  to  charge  and  receive  for  his  services 
such  fees  as  are  or  may  be  allowed  by  law  for  justices  of  the  peace  for 
like  services,  except  that  for  his  services  in  criminal  prosecutions  for 
violation  of  ordinances  he  shall  be  entitled  to  receive  only  such  fees  as 
the  board  of  trustees  shall  by  ordinance  prescribe;  but  his  fees  for  ser- 


Act  2349  GENERAL  LAWS.  858 

vices  in  any  criminal  case  shall  not  be  a  charge  against  the  coiuty, 
[Amendment  became  a  law  under  constitutional  provision  without  gov- 
ernor's approval  March  12,  1901.  Stats.  1901,  p.  269.  In  effect  im- 
mediately.] 

Kecorder  disctualified  as  judge  in  certain  cases. 

§  884.  In  all  cases  in  which  the  recorder  is  a  party,  or  in  which  he 
is  interested,  or  when  he  is  related  to  either  partyby  consanguinity  or 
affinity  within  the  third  degree,  or  is  otherwise  disqualified,  or  in  case 
of  sickness  or  inability  to  act,  the  recorder  may  call  in  a  justice  cf  the 
peace,  residing  in  the  city  or  town  to  act  in  his  place  and  stead;  or  if 
there  be  no  justice  of  the  peace  residing  in  the  city  or  town,  or  if  all 
those  so  residing  are  liiiewise  disqualified,  then  he  may  call  in  aT'y  jus- 
tice of  the  peace  residing  in  the  county  in  which  such  city  or  town 
may  be  situated. 

Article  VI. — Miscellaneous  Provisions. 

Collection  of  moneys. 

§885.  Every  officer  collecting  or  receiving  any  moneys  belonging  to 
or  for  the  use  of  such  city  or  town  shall  settle  for  the  same  with  the 
clerk  on  the  first  Monday  in  each  month,  and  immediately  pay  the  same 
into  the  treasury,  on  the  order  of  the  clerk,  for  the  benefit  of  the  funds 
to  which  such  moneys  respectively  belong. 

No  officer  to  be  interested  in  any  public  contract. 

§  886.  No  officer  of  such  city  or  town  shall  be  interested,  directly  or 
indirectly,  in  any  contract  with  such  city  or  town,  or  with  any  of  the 
officers  thereof  in  their  official  capacity,  or  in  doing  any  work  or  fur- 
nishing any  supplies  for  the  use  of  such  city  or  town,  or  its  officers  in 
their  official  capacity;  and  any  claim  for  compensation  for  work  done,  or 
supplies  or  materials  furnished,  in  which  any  such  officer  is  interested, 
shall  be  void,  and  if  audited  and  allowed  shall  not  be  paid  by  the  treas- 
urer. Any  willful  violation  of  the  provisions  of  this  section  shall  be  a 
ground  for  removal  from  office,  and  shall  be  deemed  a  misdemeanor,  and 
punished  as  such. 

ACT  2349. 

An    act    to    validate    the    organization    and    incorporation    of    municipal 

corporations  of  the  sixth  class. 

[Approved  February  14,  1903.     Stats.  1903,  p.  29.] 

§  1.  All  municipal  corporations  of  the  sixth  class,  the  organization 
and  incorporation  of  which  have  been  authenticated  by  an  order  of  a 
board  of  supervisors  in  this  state,  declaring  the  same  incorporated  as 
municipal  corporations  of  the  sixth  class,  and  a  certified  copy  of  which 
order  has  been  filed  by  such  board  of  supervisors  in  the  office  of  the 
secretary  of  state,  showing  such  copy  of  said  order  to  have  been  filed 
in  said  "office,  and  which  corporations  thereafter  have  acted  in  the  form 
and  manner  of  municipal  corporations  under  the  provisions  of  "An  act 


859  MUNICIPAL  CORPORATIONS.  Act  2350 

to  provide  for  the  organization,  incorporation,  and  government  of  munici- 
pal corporatious,"  approved  March  thirteenth,  eighteen  hundred  and 
eighty-three,  and  the  amendments  thereto,  are  hereby  declared  to  be 
and  to  have  been  municipal  corporations  of  the  sixth  class  from  the  date 
of  filing  the  certified  copy  of  said  order  of  the  board  of  supervisors  with 
the  secretary  of  state;  and  all  the  acts  of  the  said  municipal  corpora- 
tions heretofore  exercised  according  to  the  act  aforesaid,  are  hereby 
validated  and  declared  as  legal. 

§2.     This  act  shall  take  effect  from  and  after  its  passage  and  approval. 

ACT  2350. 

An  act  entitled  "An  act  to   enable  municipal   corporations  of  the  sixth 
class  to   elect  officers." 
[Approved  March  14,  1885.     Stats.  1885,  p.  136.] 
Cited  and  consti-ued  149  Cal.  516. 

Petition  for  appointment  of  commissioners  of  election. 

§  1.  Whenever  a  corporation  of  the  sixth  class  shall  have  failed,  from 
any  cause,  to  elect  officers  in  accordance  with  its  charter,  and  there  are 
no  officrrs  to  carry  on  the  city  government,  or  call  an  election  for  officers, 
in  any  such  case  citizens  of  such  corporation  may  present  a  petition  to 
the  governor  for  the  appointment  of  three  commissioners  of  election. 
Such  petition  shall  set  forth:  1.  The  name  of  the  corporation,  and  when, 
and  how  organized;  2.  When  the  last  election  for  officers  took  place,  and 
whether  any  of  such  officers  are  performing  their  duties,  and  if  not,  how 
long  since  they  ceased  to  perform  their  duties;  3.  The  provision  of  the 
charter  as  to  the  qualifications  of  voters;  4.  That  the  persons  signing 
the  petition  possess  the  qualifications  provided  by  the  charter  for  voters, 
and  that  each  of  said  signers  is  a  householder  and  freeholder  in  said 
corporation.  The  petition  shall  be  signed  by  not  less  than  seventy-five 
persons  possessing  all  the  qualifications  mentioned  in  the  body  of  the 
petition,  and  shall  be  verified  by  at  least  two  of  the  signers,  that,  of  their 
own  knowledge,  the  petition  is  true,  and  that  all  the  signers  possess 
all  the  qualifications  set  forth  in  the  petition.  Upon  the  presentation  of 
the  petition  to  the  governor,  he  may  either  act  upon  the  petition  or 
require  additional  evidence  of  the  matters  set  forth  in  the  petition. 
Upon  being  satisfied  of  the  truth  of  the  matters  set  forth  in  the  petition, 
the  governor  is  authorized  and  empowered  to  appoint  three  persons  as 
commissioners  of  election  for  such  corporation.  Such  commission  shall 
be  known  and  styled  "Board  of  election  commissioners  for"  (here  give 
name  of  corporation). 

Appointment  of  commissioners. 

§  2.  The  governor  shall  cause  a  commission  to  be  issued  to  the  com- 
missioners, and  the  issuance  of  such  commission  shall  be  conclusive  evi- 
dence of  the  regularity  of  all  the  proceedings  to  and  including  the  ap- 
pointment of  such  commissioner.  Within  ten  days  after  their  appointment, 
the  commissioners  shall  take  the  oath  of  office  before  some  judge  or  clerk, 


Act  2350,  §§  3-6  GENERAL  LAWS.  860 

which  oath  shall  be  indorsed  upon  the  commissiou,  and  a  copy  filed  in 
the  office  of  the  secretary  of  state,  and  shall  organize  by  the  election  of 
a  president  and  secretary  from  their  own  members.  The  board  shall 
cause  to  be  kept  minutes  of  all  their  proceedings,  which  minutes  shall  be 
signed  at  the  close  of  each  meeting  by  the  president  and  secretary. 


Powers  of  commissioners. 

■   i 


§3.  The  board  of  election  commissioners  shall  have  power:  First, 
by  an  order  entered  in  their  minutes,  to  call  an  election  for  such  officers 
as  are  declared  in  the  charter  of  such  corporation  to  be  elected  only  by 
the  voters  in  said  corporation.  Such  orders  shall  specify  the  names  of 
the  offices  to  be  filled,  and,  when  any  office  is  to  be  filled  by  an  election 
in  any  ward  or  subdivision  of  said  corporation,  the  order  shall  so  state, 
and  the  date  fixed  for  the  election.  Previous  to  the  election,  the  board 
shall  a-ppoint  oflicers  of  election,  and  fix  the  places  of  holding  the  elec- 
tion, as  required  in  the  charter  of  such  corporation.  The  board  shall 
cause  notice  of  such  election  to  be  published  in  one  or  more  newspapers 
published  in  said  corporation;  or  if  none  be  published  therein,  then  by 
posting  notices,  for  at  least  twenty  days  before  such  election.  Such 
election  shall  be  conducted  as  required  by  the  charter  of  said  corporation 
for  election  of  officers,  except  that  it  shall  not  be  necessary  to  use 
printed  registers,  but  should  any  voter  be  challenged  on  the  ground  that 
his  name  does  not  appear  on  the  great  register  of  the  county,  it  shall  be 
sufficient  for  him  to  state,  under  oath,  that  he  believes  his  name  is  upon 
the  great  register,  and  if  no  other  evidence  is  offered,  the  board  of  elec- 
tion shall  accept  his  statement  as  true. 

Election  returns. 

§4.  The  boards  of  election  shall  make  return  of  the  election  as 
required  in  the  charter,  except  that  the  returns  shall  be  returned  and 
delivered  to  the  board  of  election  commissioners,  of  all  officers  voted  for 
at  such  election,  without  reference  to  whether  any  of  such  officers  were 
voted  for  in  the  whole,  or  only  a  ward  or  subdivision  of  the  corporation, 
and  no  officer  of  election  shall  issue  a  certificate  of  election. 

Canvassing  returns. 

§5.  Within  five  days  after  the  election  the  board  of  election  com- 
missioners shall  proceed  to  canvass  snid  returns  and  declare  what  per- 
sons were  elected.  Said  board  shall  thereupon  issue  certifirates  of  elec- 
tion to  the  persons  so  declared  to  be  elected;  such  certificate  shall  be 
signed  by  all  the  commissioners,  and  shall  be  conclusive  evidence  of  the 
regularity  of  all  the  proceedings  taken  in  said  election  and  by  said  board, 
except  as  against  any  suit  or  proceeding  that  may  be  commenced  to  oust 
from  office  any  of  said  persons    holding  a  certificate. 

Officer  qualifying. 

§6.  Within  ten  days  after  issuance  of  the  certificates,  the  officers 
shall  be  qualified  and  enter  upon  the  discharge  of  their  duties,  in  ac- 
cordance with  the  charter.  If  any  person  chosen  at  said  election  shall 
fail  to  take  the  oath  of  office  and  enter  upon  the  discharge  of  the  duties 


6G1  MUNICIPAL  CORPORATIONS.  Act  2351 

within  the  time  above  specified,  then  the  office  to  which  he  shall  have 
been  elected  shall  be  deemed  and  held  to  be  vacant,  the  same  as  if  he 
had  never  been  elected.  At  the  first  meeting  of  the  legislative  depart- 
ment of  the  corporation  after  the  election,  the  board  of  election  com- 
missioners shall  deliver  to  said  legislative  department  all  books  and 
papers  in  their  possession,  relating  to  their  office  of  election  commission- 
ers, and  said  legislative  department  shall  cause  the  same  to  be  filed  by 
their  clerk,  and  shall  cause  the  commission  issued  by  the  governor  to 
said  commissioners,  and  the  minutes  of  said  commissioners,  and  notice 
of  the  election,  to  be  entered  in  the  book  of  minutes  of  said  legislative 
department,  and  such  entries,  when  so  made,  shall  be  evidence  of  all  the 
matters  therein  stated,  and  as  conclusive  evidence  as  the  original. 

Effect  of  elections. 

§7.  Whenever  the  officers  elected  at  said  election,  and  the  officers 
authorized  by  the  charter  to  be  elected  or  appointed  by  the  legislative 
or  executive  department  of  said  corporation,  shall  have  qualified  and 
entered  upon  the  discharge  of  their  duties,  then  said  corporation  shall  be 
deemed  and  held  to  be  fully  organized  and  in  operation,  as  if  said  elec- 
tion had  been  held  at  the  time  and  in  all  respects  in  the  manner  required 
by  the  charter. 

Resolution  as  to  organization, 

§8.  Whenever  the  government  of  the  corporation  is  in  full  operation, 
as  set  forth  in  section  seven,  the  legislative  department  shall  cause  a 
resolution  to  be  entered  in  their  minutes  declaring  the  same;  and  such 
resolution  shall  be  conclusive  evidence  of  the  same,  except  as  against  a 
direct  action   or  proceeding  to  set  aside  or  annul  said  government. 

§  9.     This  act  shall  take  effect  from  and  after  its  passage. 

ACT  2351. 

An  act  to  provide  for  the  disincorporation  of  municipal  corporations  of 

the  sixth  class. 
[Approved  March  26,  1895.     Stats.   1895,  p.   115.     Amended   1897,  p.   17; 
1899,   p.    13.] 
Citations.      Cal.  117/362  ;  118/392. 

§1.  A  municipal  corporation  of  the  sixth  class  may  disincorporate 
after  proceedings  had  as  required  in  this  act.  The  council,  board  of 
trustees,  or  other  legislative  body  of  such  corporation  shall,  upon  receiv- 
ing a  petition  therefor,  signed  by  not  less  than  half  of  the  qualified 
electors  thereof,  as  shown  by  the  vote  cast  at  the  last  municipal  election 
held  therein,  submit  to  the  electors  of  such  corporation  the  question 
whether  such  municipal  corporation  shall  disincorporate.  Such  question 
shall  be  submitted  at  a  special  election  to  be  held  for  that  purpose,  and 
such  legislative  body  shall  give  notice  thereof  by  publication  in  a  news- 
paper printed  or  published  in  such  corporation,  or  if  there  is  no  news- 
paper published  in  said  corporation,  tlicn  in  some  newspaper  published 
in  the  county  in  which  said  corporation  in  situated,  for  a  period  of  thirty 


Act  2351,  §  1  GENERAL  LAWS.  862 

days  prior  to  such  election.  Said  notice  shall  state  that  the  question 
of  disincorporating  said  corporation  will  be  submitted  to  the  legal  voters 
of  the  same  at  the  time  appointed  for  such  election,  and  the  electors  shall 
be  invited  thereby  to  vote  upon  such  proposition  by  placing  upon  their 
ballots  the  cross,  as  provided  by  law,  after  the  words  "For  disincor- 
poration,"  or  "Against  disincorporation."  Such  legislative  body  shall 
also  designate  in  said  notice  the  place  or  places  at  which  the  polls  will 
be  open  in  said  municipal  corporation;  and  shall  also  appoint  and  desig- 
nate in  such  notice  the  names  of  the  officers  of  election.  The  vote  at 
said  election  shall  be  taken,  canvassed,  and  returned  in  the  same  manner 
as  in  other  municipal  elections.  Such  legislative  body  shall  meet  on  the 
Monday  next  succeeding  the  day  of  such  election,  and  proceed  to  can- 
vass the  votes  cast  thereat.  If  it  be  found  by  the  canvass  of  said  votes 
that  less  than  two-thirds  of  the  votes  cast  were  in  favor  of  disincor- 
poration, such  legislative  body  shall  declare  the  petition  for  disincorpo- 
ration denied,  in  which  case  no  new  election  shall  be  held  on  the  question 
of  disincorporating  the  corporation  involved  in  said  petition  and  vote 
until  after  the  expiration  of  two  years  from  date  of  the  election  so  held. 
In  case  it  shall  appear  from  said  canvass  that  two-thirds  of  all  the  votes 
cast  were  in  favor  of  disincorporation,  said  legislative  body  shall,  under 
their  hands,  make  and  file  in  their  office,  and  cause  to  be  entered  upon 
their  record  of  proceedings,  an  order  that  the  petition  for  such  disincor- 
poration be  granted,  and  declaring  that  such  corporation  be  disincor- 
porated;  said   order  to  take  effect  at  the   time  hereinafter  provided. 

Said  legislative  body  shall,  in  case  said  corporation  is  so  disincor- 
porated, forthwith  cause  their  clerk,  or  other  officer  performing  the 
duties  of  clerk,  by  an  order  entered  in  their  minutes,  to  make  and  trans- 
mit to  the  secretary  of  state  and  board  of  supervisors  of  the  county  in 
which  said  corporation  is  situated,  a  certified  copy  and  abstract  of  the 
notice  of  election  hereinbefore  provided  for,  the  whole  number  of  electors 
voting  for  said  disincorporation,  and  the  number  of  electors  voting 
against  said  disincorporation.  Thirty  days  from  and  after  the  holding  of 
the  election,  in  case  two-thirds  of  the  said  votes  were  cast  in  favor  of 
said  disincorporation,  said  municipal  corporation  shall  be  forever  disin- 
corporated. Said  legislative  body  shall  forthwith,  after  ascertaining  by 
said  canvass  that  said  disincorporation  has  been  carried,  determine  the 
amount  of  the  indebtedness  of  said  municipal  corporation,  the  amount 
of  money  in  the  treasury  thereof,  and  the  amount  of  any  tax  levy  made 
by  said  corporation  unpaid  or  not  due,  and  all  other  indebtedness  due 
or  coming  due  to  said  corporation,  and  within  thirty  days  from  the  date 
of  said  election  shall  transmit  a  certified  statement  of  said  amount  to 
the  board  of  supervisors  of  the  county  in  which  said  municipal  corpora- 
tion is  situated;  and  the  treasurer  of  said  corporation  shall  before  the 
expiration  of  said  thirty  days,  turn  over  to  the  treasurer  of  said  county 
all  moneys  of  said  municipal  corporation  in  his  possession,  and  said 
county  treasurer  shall  place  said  moneys  in  a  special  fund,  to  be  drawn 
upon  as  hereinafter  provided  for.  Upon  the  disincorporation  of  said 
municipal  corporation,  every  public  officer  of  said  corporation  shall  im- 
mediately turn  over  to  the  board  of  supervisors  of  the  county  in  which 


8G3  MUNICIPAL  CORPORATIONS.  Act  2351,  §3 

said  corporation  is  situated,  all  public  property  of  every  nature  and 
description  in  tboir  possession;  provided,  however,  tliat  all  court  rec^-'ls 
of  the  recorder's  court  of  the  said  municipal  corporation  shall  be  retained 
by  said  recorder  as  justice  of  the  peace  of  the  township,  and  as  such 
justice  of  the  peace  he  shall  have  authority  to  execute  and  complete  all 
unfinished  business  standing  on  the  same.  Nothing  contained  in  this  act 
shall  be  held  to  relieve  said  municipal  corporation,  or  the  territory  in 
eluded  within  it,  from  any  liability  for  any  debt  contracted  by  such 
municipal  corporation  prior  to  its  disincorporation.  All  warrants  for  said 
indebtedness  shall  be  drawn  by  the  board  of  supervisors  of  the  county 
in  which  said  municipal  corporation  is  situated,  on  the  fund  hereinabove 
provided  for  in  the  county  treasury.  If,  at  the  time  of  said  disincor- 
poration, a  tax  shall  have  been  levied  by  said  municipal  corporation,  and 
remains  uncollected,  it  shall  be  the  duty  of  the  tax  collector  of  the 
county  in  which  said  municipal  corporation  was  situated  to  collect  said 
tai:  when  due,  and  pay  the  same  into  the  county  treasury.  All  property 
upon  which  any  municipal  tax  has  been  levied  and  the  same  has  become 
delinquent,  either  before  or  after  the  date  of  such  disincorporation,  and 
all  property  sold  for  any  tax  levied  by  said  municipal  corporation,  may 
be  redeemed  by  any  party  interested,  by  the  payment  to  the  county 
treasurer,  upon  the  estimates  of  the  auditor,  of  the  money  that  would 
have  been  necessary  to  redeem  such  property,  had  said  city  not  disin- 
corporated. All  moneys  paid  into  the  county  treasury  under  the  pro- 
visions of  this  act  shall  be  placed  to  the  credit  of  the  special  fund  here- 
inbefore provided  for.  If,  at  any  time  after  the  disincorporation  of 
such  municipal  corporation,  it  should  be  found  that  there  is  not  sufficient 
money  in  the  treasury  to  the  credit  of  the  fund  hereinabove  provided 
for,  with  which  to  pay  any  indebtedness  of  said  municipal  corporation, 
the  board  of  supervisors  of  said  county  shall  have  the  power,  and  it 
shall  be  their  duty  to  levy,  and  there  'Shall  be  collected  from  the  terri- 
tory formerly  included  within  said  municipal  corporation,  a  tax  or  taxes 
sufficient  in  amount  to  pay  the  said  indebtedness,  of  said  municipal  cor- 
poration, as  the  same  shall  become  due;  such  tax  or  taxes,  assessments, 
and  collections  shall  be  made  in  the  same  manner  and  at  the  same  time 
that  other  taxes  of  said  county  are  levied  and  collected,  and  shall  be  an 
additional  tax  upon  the  property  included  within  said  territory  for  the 
payment  of  said  debts.  If,  after  payment  of  the  debts  of  said  municipal 
corporation,  there  shall  remain  any  surplus  in  the  hands  of  said  county 
treasurer  to  the  credit  of  the  fund  hereinbefore  mentioned,  the  money 
so  remaining  shall  be  transferred  to  the  school  fund  of  the  districts  or 
district  covered  by  said  municipal  corporation.  [Amendment  approved 
February  17,  1899.     Stats.  1899,  p.   13.] 

§2.  The  board  of  supervisors  of  the  county  in  which  any  such  munici- 
pal corporation  has  been  disincorporated,  shall  have  the  power,  and  it 
shall  be  their  duty,  if  the  board  of  trustees  or  other  legislative  body  of 
such  corporation  shall  fail  or  refuse  to  return  to  said  board  of  super- 
visors the  statement  of  said  amounts  as  hereinbefore  in  this  act  provided, 
to  ascertain  the  indebtedness  of  said  municipal  corporation  at  the  time 


Acts  2352-2354  GENERAL  LAWS.  864 

of  its  disincorporation,  and  the  amount  of  money  in  its  treasury  and 
the  amount  due  to  it  at  the  said  time.  Said  board  of  supervisors  shall 
make  provision  for  the  collection  of  the  amounts  due  to  said  municipal 
corporation,  and  for  the  closing  up  of  its  affairs,  and  any  act  or  acts 
necessary  for  such  purpose  and  not  otherwise  herein  provided  for,  shall, 
upon  the  order  of  said  board  of  supervisors  directing  the  same,  be  as 
fully  done  and  performed  by  the  officer  or  officers  performing  similar 
duties  for  the  said  county,  and  with  as  full  effect  as  if  the  same  had 
been  performed  by  the  proper  officer  of  said  municipal  corporation,  before 
disincorporation,  and  said  county  shall  succeed  to  and  possess  all  the 
rights  of  said  municipal  corporation  in  and  to  said  indebtedness,  and 
shall  have  power  to  sue  for  or  otherwise  collect  any  such  debts,  in  the 
name  of  the  county.  All  costs  and  expenses  of  ascertaining  the  facts 
hereinbefore  mentioned,  and  all  other  costs  and  expenses  incurred  by 
the  board  of  supervisors  in  the  execution  of  the  powers  and  duties  of 
said  board  of  supervisors,  provided  for  in  this  act,  shall  be  paid  out  of 
the  special  fund  in  said  county  treasury  hereinbefore  in  this  act  provided 
for.  All  provisions  of  this  act  relating  to  the  settlement  of  a  municipal 
corporation  after  disincorporation  shall  be  applicable  to  the  winding  up 
of  the  affairs  of  any  disincorporated  municipality  whether  disincor- 
porated before  or  after  the  passage  of  this  act.  [Amendment  approved 
February  17,  1899.     Stats.  1899,  p.  13.] 

§  3.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

ACT  2352. 

To    provide    for   the   reorganization    of    municipal    corporations    and    for 
determining   the    population   thereof.     [Stats.    1899,   p.    75.] 
This  act  related  to  cities  of  the  sixth  class. 

ACT  2353. 

To  provide  for  the  ownership  of  property  and  the  winding  up  of  the 
affairs  of  municipal  corporations  disincorporated  under  the  pro 
visions  of  an  act  of  the  legislature  of  the  state  of  California,  en 
titled  "An  act  to  provide  for  the  disincorporation  of  municipa' 
corporations  of  the  sixth  class,"  approved  March  26,  1895,  when  two 
thirds  or  more  in  value  of  assessable  property  within  the  form 
limits  thereof  shall  be  included  within  the  boundaries  of  any  subse 
quently  incorporated  city  or  town.  [Approved  February  17,  1899, 
Stats.   1899,  p.   17.] 

ACT  2354. 

An  act  concerning  municipal   corporations. 
[Approved  March  9,  18S5.     Stats.  1885,  p.  31.] 

Validating  acts  of  municipal  corporations. 

§  1.  All  municipal  corporations,  whose  incorporation  has  been  or  may 
hereafter  be  authenticated  by  an  order  of  any  board  of  supervisors  in 
this  state,  declaring  the  same  incorporated  as  a  municipal  corporation, 


865  MUNICIPAL   CORPORATIONS.  Acts  2355.  2355a 

and  a  certified  copy  of  which  order  has  been  or  may  hereafter  be  filed 
by  such  board  of  supervisors  in  the  office  of  the  secretary  of  state,  and 
which  have  heretofore  been  or  may  hereafter  be  organized  under  a  cer- 
tificate from  the  secretary  of  state,  showing  such  order  to  have  been 
filed  in  his  office,  and  which  thereafter  have  acted,  or  hereafter  may  act, 
in  the  form  and  manner  of  a  municipal  corporation,  under  the  provisions 
of  an  act  entitled  "An  act  to  provide  for  the  organization,  incorporation, 
and  government  of  municipal  corporations,"  approved  March  thirteenth, 
eighteen  hundred  and  eighty-three,  are  hereby  declared  to  be  and  to 
have  been  municipal  corporations  from  the  date  of  filing  the  certified 
copy  of  said  order  of  the  board  of  supervisors  with  the  secretary  of  state; 
and  all  the  acts  of  said  municipal  corporations  heretofore  exercised,  or 
which  may  be  hereafter  exercised,  according  to  the  act  aforesaid,  are 
hereby  validated  and  declared  to  be  legal. 

§  2.     This  act  shall  take  effect  immediately. 
See  ante,  Act  2332;  post,  Act  2355. 

ACT  2355. 

An    act    to    validate    the    organization    and    incorporation    of    municipal 

corporations. 

[Approved  March  17,  1897.     Stats.  1897,  p.  168.] 

§  1.  All  municipal  corporations,  the  organization  and  incorporation 
of  which  have  been  authenticated  by  an  order  of  a  board  of  supervisors 
in  this  state,  declaring  the  same  incorporated  as  municipal  corporations 
of  the  classes  to  which  such  corporations  may  respectively  belong,  and  a 
certified  copy  of  which  order  has  been  filed  by  such  board  of  supervisors 
in  th«  office  of  the  secretary  of  state,  showing  such  copy  of  said  order 
to  have  been  filed  in  said  office,  and  which  corporations  thereafter  have 
acted  in  the  form  and  manner  of  municipal  corporations  under  the  pro- 
visions of  "An  act  to  provide  for  the  organization,  incorporation,  and 
government  of  municipal  corporations,"  approved  March  thirteenth, 
eighteen  hundred  and  eighty-three,  and  the  amendments  thereto,  are 
hereby  declared  to  be  and  to  have  been  municipal  corporations  from  the 
date  of  filing  the  certified  copy  of  said  order  of  the  board  of  supervisors 
with  the  secretary  of  state;  and  all  the  acts  of  the  said  municipal  cor- 
porations heretofore  exercised  according  to  the  act  aforesaid,  are  hereby 
validated  and   declared  as  legal. 

§2.     This  act  shall  take  effect  from  and  after  its  passage  and  approval. 
See  ante,  Acts  2332,  2354. 

ACT  2355a. 

An    act    to    validate    the    organization    and    incorporation    of    municipal 
corporations. 
[Approved  April  12,   1909.     Stats.   1909,  p.  826.] 

§1.     All  municipal  corporations,  the  organization  and  incorporation  of 
which  have  been  authenticated  by  an  order   of   a  board   of   supervisor^ 
Gen.  Laws — 55 


Acts  2356-2358  GENERAL  LAWS.  866 

in  this  state,  declaring  the  same  incorporated  as  municipal  corporations 
of  the  classes  to  which  such  corporations  may  respectively  belong,  and  a 
certified  copy  of  which  order  has  been  filed  by  such  board  of  supervisors 
in  the  office  of  the  secretary  of  state,  and  which  corporations  thereafter 
have  acted  in  the  form  and  manner  of  municipal  corporations  under  the 
provisions  of  "An  act  to  provide  for  the  organization,  incorporation, 
and  government  of  municipal  corporations,"  approved  March  thirteenth, 
eighteen  hundred  and  eighty-three,  and  the  amendments  thereto,  are 
hereby  declared  to  be  and  to  have  been  municipal  corporations  from  the 
date  of  filing  the  certified  copy  of  said  order  of  the  board  of  supervisors 
with  the  secretary  of  state;  and  all  the  acts  of  the  said  municipal  cor- 
porations heretofore  performed  according  to  the  act  aforesaid,  are  hereby 
validated,  and  declared  to  be  legal;  provided,  however,  that  all  municipal 
corporations  shall  be  excepted  from  the  operation  of  this  act  where  the 
right  to  act  as  such  is  being  contested  or  inquired  into  in  any  legal  pro- 
ceeding brought  within  six  months  after  the  certified  copy  of  the  order 
of  the  board  of  supervisors  was  filed  in  the  office  of  the  secretary  of 
state. 

ACT  2356. 

An  act  to  validate  proceedings  for  the  reorganization  of  municipal  cor- 
porations taken  since  the  passage  of  the  act  entitled  "An  act  to 
provide  for  the  organization,  incorporation,  and  government  of 
municipal  corporations,"  approved  March  13,  1883.  [Stats.  1883, 
p.  92.] 

[Approved  March  16,  1889.     Stats.  1889,  p.  203.] 

§  1.  All  cities  and  pounties,  cities,  or  towns  reorganized,  or  claiming 
to  have  been  reorganized,  since  the  passage  of  the  act,  the  title  of  which 
is  recited  in  the  title  hereof,  or  which  have  attempted  since  said  date 
to  reorganize  or  incorporate  under  the  provisions  of  said  act,  and  have 
acted  as  municipal  corporations  since  such  reorganization,  are  hereby 
declared  to  be,  and  to  have  been  from  the  date  of  such  reorganization, 
or  attempted  reorganization,  duly  and  legally  incorporated  and  reorgan- 
ized cities,  and  all  proceedings  for  the  reorganization  of  such  municipal 
corporations  are  hereby  validated  and  declared  legal. 

ACT  2357. 

To  validate  proceedings  for  the  reorganization  of  municipal  corporations 
taken  since  the  passage  of  the  act  entitled  "An  act  to  provide  for 
the  organization,  incorporation,  and  government  of  municipal  cor- 
porations," approved  March  13,  1883.     [Stats.  1887,  p.  150.] 

ACT  2358. 

To  validate  proceedings-  for  the  reorganization  of  municipal  corpora- 
tions taken  since  the  passage  of  the  act  entitled  "An  act  to  provide 
for  the  organization,  incorporation,  and  government  of  municipal 
corporations,"  approved  March  13,  1883,  and  also  since  the  passage 
of   the    act    entitled    "An    act    to    provide    for   the    classification    of 


867  MUNICIPAL  CORPORATIONS.  Acts  2358a.  2359 

munioipal    corporations,"    approved    March    2,    1883.     [Stats.    1891, 
p.  92.] 

ACT  2358a. 

An  act  to  validate  proceedings  for  the  reorganization  of  municipal  cor- 
porations taken  since  the  passage  of  the  act  entitled  "An  act  to 
provide  for  the  organization,  incorporation,  and  government  of 
municipal  corporations,"  approved  March  13,  1883;  and  also,  since 
the  passage  of  the  act  entitled  "An  act  to  provide  for  the  classifica- 
tion of  municipal  corporations,"  approved  March  .3,  1883. 
[Approved  March  18,  1909.     Stats.  1909,  p.  403.] 

§  1.  All  cities  or  towns,  reorganized,  or  claiming  to  have  been  reor- 
ganized, since  the  passage  of  the  acts  the  titles  of  which  are  recited  in 
the  title  hereof,  or  which  have  attempted  since  said  dates  to  reorganize 
or  incorporate  under  the  provisions  of  said  acts,  or  either  of  tliem,  and 
have  acted  as  municipal  corporations  since  such  reorganization,  are 
hereby  declared  to  be  and  to  have  been  from  the  date  of  such  reorgani- 
zation, or  attempted  reorganization,  duly  and  legally  incorporated  and 
reorganized  cities,  and  all  proceedings  for  the  reorganization  of  such 
municipal  corporations  are  hereby  validated  and  declared  legal;  provided, 
that  this  act  shall  not  affect  any  municipal  corporation  where  an  action 
is  pending  to  test  the  validity  of  such  municipal  corporation. 

§  2,     This   act  shall  take  effect  from  and   after  its  passage. 

ACT  2359. 

An  act  to  enable  cities  incorporated  and  operating  under  a  charter  framed 

under  section  8,  article  11,  of  the  constitution,  to  abandon  and  annul 

such  charter,  and  organize  under  general  laws. 

[Approved  March  27,  1897.     Stats.  1897,  p.  200.] 

§  1.  The  common  council,  or  other  legislative  body  of  any  city  in 
this  state,  operating  under  a  charter  framed  under  section  8,  article  11, 
of  the  constitution,  shall  have  power,  and  it  shall  be.  their  duty,  when- 
ever a  petition  is  presented  to  them,  signed  by  one-half  of  the  qualified 
electors  of  such  city,  by  ordinance,  to  submit  to  the  qualified  electors 
of  such  city  at  any  general  election,  the  question  whether  such  city 
shall  abandon  such  charter  and  reorganize  under  the  general  laws  of  the 
state  providing  for  the  organization,  incorporation,  and  governinent  of 
municipal  corporations.  Such  election  shall  be  called  and  held  in  accord- 
ance with  the  provisions  of  such  charter  for  calling  and  holding  elec- 
tions, and  if  two-thirds  of  such  qualified  electors  voting  at  such  election 
shall  vote  to  abandon  such  charter  and  reorganize  under  the  general  laws 
of  the  state  providing  for  the  organization,  incorporation,  and  govern- 
ment of  municipal  corporations,  such  city  shall,  from  and  after  the 
thirtieth  day  after  such  election,  cease  to  be  organized  under  such  char- 
ter, and  such  charter  shall  be  superseded  by  said  general  laws,  and 
organized  thereunder.     In  case  such  proposition  shall  fail  to  receive  tlie 


Acts  2360-2362  GENERAL  LAWS.  868 

vote  of  two-tbirds  of  such  electors,  then  the  proposition  for  the  aban- 
donment of  such  charter  and  reorganization  under  the  general  laws  shall 
not  be  again  submitted  for  two  years. 

§  2.  All  officers  of  such  city  shall  continue  in  office,  and  their  powers 
under  said  charter  shall  not  cease  until  officers  shall  have  been  elected 
and   qualified  under  said  general   laws. 

§  3.     This  act  shall  take  effect  immediately. 

ACT  2360. 

To   authorize   municipal   corporations   of   the   first   class   to   obtain   public 
waterworks.     [Stats.  1885,  p.  42.] 

Repealed  1889,  p.  399. 

Citations.     Oal.  74/223. 

ACT  2361. 

To  authorize  the  incurring  of  indebtedness  by  municipal  corporations 
for  the  construction  of  waterworks,  sewers,  etc.  [Stats.  1889,  p. 
399.] 

Amended  1891,  pp.  84,  94,  132;  1893,  p.  61. 
See  this  act,  post.  Act  2900. 

Citations.  Cal.  91/550;  95/112;  99/147;  104/519,  521,  523;  107/400,  465, 
466,  469,  470,  473;  119/C25,  626;  121/103;  122/78;  125/623,  624;  126/280, 
281;  130/  279;  135/451,  452,  453,  454;  138/243;  142/699,  700,  701;  144/393; 
151/180;  153/291,  294. 

ACT  2362. 

An   act   to   authorize   cities   to    acquire   and   operate   a   joint   system   or 

systems   of   water    supply. 

[Approved  March  24,  1903.     Stats.  1903,  p.  405.] 

§  1.  Any  two  or  more  cities  incorporated  under  the  constitution  and 
laws  of  this  state  are  hereby  empowered  to  jointly  acquire  and  develop 
a  source  or  sources  of  water  supply  for  municipal  and  domestic  purposes, 
and  to  construct  the  works  necessary  for  their  joint  and  several  purposes 
and  needs, 

§  2.  Whenever  the  legislative  body  of  a  city  deems  it  advisable  to 
investigate  the  desirability  of  joint  action  with  any  other  city,  or  cities, 
for  acquiring  and  maintaining  a  water  supply,  such  legislative  body  shall 
pass  a  resolution  to  that  effect,  and  thereupon  the  mayor  of  said  city 
shall,  with  the  consent  and  advice  of  said  legislative  body,  appoint  three 
commissioners  to  confer  with  like  commissioners  from  any  other  city. 
Said  commissioners  from  the  respective  cities  shall  meet  and  consider 
the  question  of  the  desirability  of  their  respective  cities  taking  joint 
action  to  acquire  and  develop  water  supply  for  their  respective  cities, 
and  the  plans,  terms  and  conditions  they  deem  feasible,  just  and 
equitable,  and  if  they  agree  upon  such  plans,  terms  and  conditions  they 
shall  report  the  same  to  the  legislative  bodies  of  their  respective  cities. 

§  3.  If  the  legislative  bodies  of  two  or  more  cities  approve  the  plans, 
terms  and  conditions  of  the  joint  action  reported  by  the  commissioners 


869  MUNICIPAL  CORPORATIONS.  Act  2363 

they  shall,  by  resolution,  declare  such  approval,  and  shall  submit  the 
same  to  the  qualified  voters  of  their  respective  cities  for  their  approval 
or  rejection  at  the  next  city  election,  or  at  a  special  election  called  for 
that  purpose.  If  the  terms,  conditions  and  plans  are  approved  by  a 
majority  of  the  voters  voting  thereon  at  such  election  the  said  cities 
may  enter  upon  the  work  of  developing  or  acquiring  water  supply  for  the 
said  cities  in  accordance  with  such  plans,  terms  and  conditions.  And 
any  city  may,  in  the  manner  required  by  law,  issue  bonds  for  the  pur- 
pose of  prosecuting  and  completing  the  work  of  acquiring  a  water  supply 
jointly  with  other  cities.  All  proceedings  relating  to  the  issue  of  such 
bonds  shall  be  taken  as  now  required  by  law  for  the  issue  of  bonds  to 
acquire  a  water  supply. 

§4.  Joint  ownership  and  costs  shall  be  restricted  to  those  portions 
of  the  sources  and  works  which  shall  be  common  to  all  the  municipalities 
served,  and  each  municipality  shall  exclusively  own,  construct  and 
operate  those  sources  and  works  which  are  for  its  exclusive  use. 

§5.  The  apportionment  of  all  costs  of  acquisition,  construction,  opera- 
tion and  maintenance  of  the  joint  properties  shall  be  made  upon  the 
basis  of  the  amount  of  water  proposed  to  be  apportioned  to  the  several 
municipalities,  unless  a  different  apportionment  of  costs  shall  be  agreed 
upon. 

§  6.  The  total  costs  of  works  which  shall  exclusively  serve  any 
municipality  shall  be  borne  by  such  municipality  exclusively. 

§  7.  The  plans,  terms,  conditions,  or  other  agreement  for  acquiring 
said  water  supply,  may  be  modified  from  time  to  time  by  agreement 
between  the  respective  cities,  which  agreement  shall  be  declared  by  the 
action  of  their  respective  legislative  bodie?.. 

§  8.  The  term  "city"  and  the  term  "municipality,"  as  used  in  this  act 
shall  include  a  consolidated  city  and  ctunty,  and  the  same  rights  and 
privileges  by  this  act  given  to  an  incorporated  city  shall  pertain  to  a 
consolidated  city  and  county. 

§9.  Before  any  resolution  or  ordinance  relating  to  the  joint  acquisi- 
tion of  a  water  supply  becomes  binding  upon  any  city  or  municipality 
it  shall  be  approved  by  the  mayor  of  such  city,  or  passed  over  his  veto, 
in  the  manner  provided  by  law  or  the  charter  of  such  city  for  the  passage 
of  ordinances. 

§  10.     This  act  shall  be  in  force  from  and  after  its  passage. 

ACT  2363. 

An  act  to  provide  for  the  sale  of  an  excess  of  water  when  owned  by  a 
municipality. 
[Approved  March  27,  1S97.     Stats.  1897,  p.  182.] 
Citations.     Oal.  152/593. 

§  1.  Whenever  the  water  supply  owned  by  any  city,  incorporated 
town,  county,  or  city  and  county,  is  in  excess  of  the  amount  required 


Act  2364  GENERAL  LAWS.  870 

to  supply  the  water  required  by  the  inhabitants  thereof,  it  may  be 
declared  by  ordinance  that  such  excess  exists,  and  such  excess  of  water 
may  be  sold  outside  of  the  limits  of  the  corporation;  but  in  no  case  shall 
a  contract  be  made  for  a  supply  of  any  excess  of  water  sold  by  a  city, 
incorporated  town,  county,  or  city  and  county,  outside  the  corporate 
limits  for  a  period  longer  than  one  year;  and  in  no  case  shall  such  a 
contract  be  made,  unless  the  legislative  authority  of  a  city,  incorporated 
town,  county,  or  city  and  county,  declare  by  ordinance  that  there  exists 
an  excess  of  water  not  required  to  supply  the  inhabitants  of  the  city, 
incorporated  town,  county,  or  city  and  county,  within  the  term  of  the 
contract,  but  water  not  required  to  supply  the  inhabitants  of  a  city, 
incorporated  town,  county,  or  city  and  county,  may  be  sold  by  the 
authorities  thereof  outside  the  corporate  limits  from  month  to  month 
during  the  existence  of  such  excess,  and  shall  be  sold  only  at  the  rates 
fixed  for  consumers  inside  the  corporative  limits. 

§  2.     This  act  shall  take  effect  immediately. 

A.CT  2364. 

A.n  act  conferring  power  upon  the  common  council,  board  of  supervisors, 
or  other  governing  body  of  cities,  or  cities  and  counties,  of  over  one 
hundred  thousand  inhabitants,  to  acquire  or  condemn  land  for  a 
suitable  site,  and  erect  thereon  a  suitable  building  or  buildings  for 
municipal  purposes. 

[Approved  March  27,  1895.     Stats.  1895,  p.  242.     Amended  1897,  p.  50.] 

§  1.  Power  and  authority  is  hereby  conferred  upon  the  common  coun- 
cil, board  of  supervisors,  or  other  governing  body  of  every  city,  or  city 
and  county,  in  this  state  having  a  population  of  over  one  hundred  thou- 
sand inhabitants,  to  provide  for  the  erection  and  construction  in  such 
city,  or  city  and  county,  and  at  the  expense  of  the  same,  such  additional 
or  other  municipal  building  or  -buildings  as  the  common  council,  board 
of  supervisors,  or  other  governing  body  of  such  city,  or  city  and  county, 
may  determine  upon  for  the  accommodation  of  the  criminal  department 
of  "the  superior  court,  police  courts,  police  stations,  prisons,  morgues,  or 
coroner's  offices  of  such  city,  or  city  and  county,  and  for  such  other 
municipal  uses  as  may  be  deemed  necessary. 

§2.  In  the  event  that  the  common  council,  board  of  supervisors,  or 
other  governing  body  of  such  city,  or  city  and  county,  shall  deem  it 
expedient,  and  in  their  judgment  that  the  public  good  requires  the  con- 
struction of  such  building  or  buildings,  for  the  construction  of  which 
power  is  conferred  upon  them  by  section  1  of  this  act,  in  the  manner 
and  mode  prescribed  by  this  act,  they  are  hereby  authorized  and  em- 
powered to  express  such  judgment  by  resolution  or  order,  in  such  manner 
as  they  may  deem  proper.  And  for  the  purpose  of  raising  the  money 
necessary  to  complete  said  building  or  buildings,  the  said  common  coun- 
cil, board  of  supervisors,  or  other  governing  body  of  such  city,  or  city 
and  county,  is  hereby  authorized  and  empowered  to  levy  and  collect,  in 
the  same  manner  and  at   the  same  time  as  other   taxes   are  levied  and 


671  MUNICIPAL  CORPORATIONS.  Act  2364.  §§3   5 

collected  in  such  city,  or  city  and  county,  for  municipal  purposes,  an 
ad  valorem  property  tax  on  real  and  personal  property,  which  shall  not 
in  the  afjgregate  exceed  the  sum  of  three  hundred  thousand  dollars, 
which  sum  shall  cover  all  the  expense  of  the  said  building  or  buildings. 

§  3.  As  a  site  for  the  erection  and  construction  of  said  building  or 
buildings,  power  is  hereby  conferred  upon  the  common  council,  board  of 
su{)ervisors,  or  other  governing  body  of  such  city,  or  city  and  county,  to 
acquire  by  purchase,  or  to  condemn  and  acquire  under  the  laws  of  emi- 
nent domain,  such  land  as  may  be  necessary  therefor. 

§  4.  The  money  arising  from  the  tax  hereby  authorized  to  be  levied 
and  collected  shall  be  kept  by  the  city,  city  and  county  treasury  of  such 
city,  or  city  and  county  in  a  fund  to  be  known  as  the  "Public  Building 
Fund,"  and  out  of  which  said  fund  all  claims  for  work,  labor,  and  ma- 
terials used  in  the  construction  of  said  building,  and  all  other  expenses 
authorized  to  be  incurred  under  the  provisions  of  this  act,  shall  be  paid. 
All  claims  against  the  said  fund  shall  be  allowed  by  the  common 
.".ouncil,  board  of  supervisors,  or  other  governing  body  of  such  city,  or 
c.'ty  and  county,  by  resolution  entered  upon  the  minutes  in  the  same 
manner  and  form  as  other  expenditures  are  authorized,  before  the 
auditor  shall  be  authorized  to  audit  the  same;  and  in  no  case  shall  any 
portion  of  said  fund  be  used  or  expended  for  any  other  purpose  than 
,',hose  herein  indicated,  nor  shall  any  part  of  the  cost  of  the  construction 
of  said  building  be  paid  out  of  any  other  or  different  fund;  nor  shall 
any  lien  for  work,  labor,  or  material  at  any  time  attach  to  the  said 
building  or  buildings,  nor  the  land  upon  which  the  same  is  located  in 
any  manner  whatever. 

§5.  When  work  is  to  be  done  upon  said  building  or  buildings,  or 
materials  to  be  furnished,  it  shall  be  the  duty  of  the  common  council, 
board  of  supervisors,  or  other  governing  body  of  such  city,  or  city  and 
county,  to  advertise  for  at  least  ten  days  in  a  daily  newspaper  published 
and  circulated  in  such  city,  or  city  and  county,  for  sealed  proposals  for 
doing  both  said  work  and  furnishing  said  material.  The  said  work  and 
material  shall  be  of  the  best  quality.  The  advertisement  shall  contain 
a  general  description  of  the  work  to  be  done  and  the  materials  to  be 
furnished,  the  time  within  which  the  same  is  to  be  done  or  furnished, 
and  may  refer  to  plans  and  specifications  for  such  other  details  as  may  be 
necessary  to  give  a  correct  understanding  regarding  the  work  or  mater- 
ials. The  advertisement  shall  also  state  the  day  and  an  hour  of  said 
day  within  which  bids  will  be  received.  At  the  hour  and  day  stated  in 
the  advertisement,  the  said  board  or  body  shall  proceed  to  open  the  bids 
in  the  presence  of  the  bidders,  and  an  abstract  of  each  shall  be  recorded 
in  the  minutes  by  the  clerk.  A  day  and  hour  shall  then  be  fixed  for 
considering  the  bids  and  awarding  the  contract.  An  abstract  of  said 
bids,  showing  the  name  of  each  bidder,  the  price  at  which  work,  labor, 
and  materials  are  offered  to  be  done  or  furnished  by  each,  and  such 
other  things  as  may  be  necessary  to  show  or  explain  the  offer,  shall  be 
made  by  the  clerk  and  published  for  five  days  in  a  daily  newspa^i^er  of 


Act  2364,  §§  6,  7  GENERAL  LAWS.  872 

general  circulation  published  in  such  city,  or  city  and  county.  At  the 
expiration  of  five  days  after  the  first  publication  of  the  abstract,  on  the 
day  and  at  the  hour  fixed  by  said  board  or  body,  said  board  or  body 
siiall  proceed  to  consider  the  several  bids  and  award  the  contract  for 
doing  the  work  and  supplying  the  material  for  which  proposals  are 
invited,  and  for  none  other,  to  the  lowest  bidder  who  shall  furnish^  suf- 
ficient sureties  to  guarantee  the  performance  of  the  contract;  provided, 
the  advertisement  hereinbefore  provided  for,  shall  invite  proposals  and 
bids,  in  one  total  sum  or  amount,  for  the  pcrformancf3  of  all  the  work 
and  the  furnishing  of  all  the  materials  called  for  in  the  said  advet 
tisement  for  the  erection  of  the  entire  building  or  buildings.  Said 
board  or  body  shall  have  the  right  to  reject  any  or  all  bids,  when  in 
their  judgment  the  public  interests  may  be  thereby  promoted.  Sticb 
contract  shall  be  executed  on  behalf  of  such  city,  or  city  and  coinity, 
by  the  mayor,  or  president  of  the  common  council,  board  of  super- 
visors, or  other  governing  body  of  such  city,  or  city  and  county.  No 
change  in  the  plans  or  specifications  shall  be  made  after  proposals  for 
doing  work  and  furnishing  materials  have  been  called  for,  nor  shall 
any  contractor  be  allowed  a  claim  for  work  done  or  materials  fur- 
nished in  excess  of  his  contract,  except  on  the  approval  of  said  com- 
mon council,  board  of  supervisors,  or  other  governing  body  of  cities,  or 
cities  and  counties;  provided,  that  the  aggregate  cost  of  any  change, 
or  changes,  shall  not  exceed  the  sum  of  three  thousand  dollars.  All 
contracts  shall  be  in  writing,  and  shall  be  carefully  drawn  by  the  city 
attorney,  city  and  county  attorney,  or  other  law  officer  of  such  city,  or 
city  and  county,  and  shall  contain  detailed  specifications  of  the  work 
to  be  done,  the  manner  in  which  the  same  shall  be  executed,  the  quality 
of  the  material,  and  the  time  within  which  the  same  shall  be  eonmleted; 
and  such  penalty  for  the  nonperformance  of  such  contract  as  said  board 
or  body  may  deem  just  and  reasonable.  All  contracts  shall  be  signed  in 
triplicate — one  copy  of  which,  with  the  plans  and  specifications  of  the 
work  to  be  done,  shall  be  filed  with  the  clerk  or  secretary  of  said  board 
or  body,  and  shall  at  all  times,  in  office  hours,  be  open  to  the  inspection 
of  the  public;  one,  with  the  plans  and  specifications,  shall  be  kept  in 
the  office  of  said  board  or  body,  and  the  other  copy,  with  plans  and 
specifications,  shall  be  delivered  to  the  contractor.  [Amendment  ap- 
proved March  2,  1897.     Stats.  1897,  p.  50.     In  effect  immediately.] 

§6.  The  common  council,  board  of  supervisors,  or  other  governing 
bodv  of  such  city,  or  city  and  county,  may  make  payments  on  such  con- 
tract from  time  "to  time,  as  work  progresses  or  materials  are  furnished; 
but  until  the  contract  is  completed,  at  no  time  shall  the  payments  exceed 
seventy-five  per  centum  of  the  value  of  t'l     labor  or  materials  furnished. 

§7.  The  plans  and  specifications  herein  referred  to  shall  be  secured 
by  said  board  or  body  after  the  publication  for  ten  days  in  a  daily 
newspaper  of  general  circulation  in  such  city,  or  city  and  county,  of  a 
resolution  inviting  the  submission  of  competitive  plans  and  specifica- 
tions for  said  building  or  buildings.  Said  resolution  shall  contnin  a 
general  statement  of  the  purposes  for  which  said  building  or  buildings 


873  MUNICIPAL  CORPORATIONS.  Acts  2365,  2366 

are  to  be  used,  the  cost  thereof,  and  the  character  of  the  design  required. 
Said  plans  and  siiecifieations  may  be  submitted  to  such  board  or  body 
under  such  requirements  and  conditions,  and  at  such  time  as  said  board 
or  body  may  prescribe. 

§  8.     This   act   shall   take   effect   and   be   in   force   from   and   after   its 

ACT  2365. 

An  act  authorizing  municipal  corporations  to  lease,  purchase,  own,  and 
operate  gravel-beds  and  quarries,  and  to  transport  gravel  and  rock 
therefrom  to  such  municipal  corporations,  for  the  purpose  of  making, 
improving,  and  repairing  roads. 

[Approved  March  27,  1897.     Stats.  1897,  p.  217.] 

Municipal  corporations  may  acquire  gravel  beds  and  quarries. 

§  1.  Any  incorporated  city  or  town  in  this  state  may  acquire,  lease, 
purchase,  and  operate  any  gravel-bed  or  quarry  within  the  county  where 
such  city  or  town  is  situated,  and  may  equip  and  operate  a  plant  at  such 
gravel-bed  or  quarry,  or  within  such  town  or  city,  for  the  purpose  of 
breaking,  crushing,  or  otherwise  preparing  gravel  or  rock  to  be  used  in 
making,  paving,  improving,  or  repairing  its  streets.  Any  such  city  or 
town  may  acquire,  lease,  or  purchase  and  maintain  all  necessary  roads, 
rights  of  way  and  tramways  over  which  to  transport  gravel  or  rock  from 
sucli  gravel-bed  or  quarry  to  such  city  or  town,  and  all  necessary  appli- 
ances for  that  purpose. 

Two-thirds  vote  necessary. 

§2.  No  money  shall  be  expended  or  expense  incurred  for  any  of  the 
purposes  set  forth  in  section  1,  unless  the  same  is  authorized  at  a 
regular  meeting  of  the  legislative  body  of  such  city  or  town,  and  by  a 
vote  of  two-thirds  of  the  members  thereof. 

§3.  This  act  shall  not  extend  or  enlarge  any  limitation  upon  munici- 
pal taxation  or  the  expenditure  of  municipal  funds,  now  existing  by 
reason  of  state  laws  or  city  charters  in  any  of  the  cities  or  towns  of 
this  state. 

ACT  2366. 

An  act  to  promote  the  protection  of  cities,  towns,  and  municipal  cor, 
porations  from  overflow  by  water  and  the  drainage  of  the  same, 
and  for  such  purposes  authoriziug  the  incurring  of  indebtedness  and 
the  issuance  of  bonds  therefor  by  the  same,  and  providing  for  the 
disjiosition  of  the  proceeds  of  such  bonds,  and  for  the  supervision 
of  the  protective  and  other  works. 

[Approved  March  26,  1895.     Stats.  1895,  p.  95.] 

§  1.  Any  city,  town,  or  municipal  corporation  incorporated  under  the 
laws  of  this  state  may,  by  procedure  hereinafter  prescribed,  incur  in- 
debtedness and  liability,  although  in  excess  of  the  income  and  revenue  by 


Act  2366,  §  2  GENERAL  LAWS.  874 

it  provided  for  tlie  current  fiscal  year,  but  not  so  that  the  aggregate 
funded  indebtedness  thereof  shall  exceed  six  per  cent  of  the  assessed 
value  of  all  the  real  and  personal  property  in  the  municipality,  for  the 
purpose  of  protecting  such  city,  town,  or  municipal  corporation  from 
overflow  by  water,  and  for  the  purpose  of  draining  such  city,  town,  or 
municipal  corporation,  and  for  the  purpose  of  securing  an  outlet  for  such 
overflow  water  and  drainage,  or  for  any  part  of  said  purposes,  whether 
by  means  of  canals,  ditches,  levees,  dikes,  embankments,  dams,  and 
machinery  and  other  like  appropriate  or  ancillary  means  or  works  or 
any  of  the  same,  whether  situated  within  or  without  the  territorial 
limits  of  such  city,  town,  or  municipal  corporation. 

§  2.  The  procedure  mentioned  in  section  1  aforesaid  shall  be  as 
follows,  to  wit:  The  city  council  or  legislative  body  of  such  city,  town, 
or  municipal  corporation  shall,  first,  have  made  by  some  competent  per- 
son general  plans  and  estimates  of  the  cost  of  such  canals,  ditches, 
levees,  dikes,  embankments,  dams,  machinery,  and  other  means  or  works 
as  may  be  contemplated,  which  general  plans  and  estimates  shall,  after 
adoption,  be  filed  in  the  ofiice  of  the  clerk  of  such  municipalty,  and 
which  general  plans  shall  be  substantially  adhered  to  thereafter  in  pro- 
ceedings under  this  act.  Said  city  council  or  legislative  body  shall, 
secondly,  after  the  filing  of  such  general  plans  and  estimates,  and  by 
resolution  or  ordinance  passed  at  a  regular  meeting  by  a  vote  of  two- 
thirds  of  all  its  members  and  approved  by  the  executive  of  the  munici- 
pality, determine,  if  so  advised,  that  the  public  good  demands  the  con- 
struction, acquisition,  and  completion,  or  either,  of  canals,  ditches,  levees, 
dikes,  embankments,  dams,  machinery,  and  other  like  appropriate  or 
ancillary  means,  or  works,  or  any  of  the  same,  for  any  or  all  of  the  pur- 
poses mentioned  in  section  1  aforesaid;  and  shall  further,  by  the  same 
resolution  or  ordinance,  determine,  if  so  advised,  that  the  cost  of  the 
same  will  be  too  great  to  be  paid  out  of  the  ordinary  income  or  revenue 
of  the  municipality;  and  such  resolution  or  ordinance,  shall,  after  its 
passage  and  approval,  be  published  as  hereinafter  prescribed.  Said  city 
council  or  legislative  body  shall,  within  one  month  after  the  publication 
aforesaid,  and  by  resolution  or  ordinance  passed  at  a  regular  meeting 
by  a  vote  of  two-thjrds  of  all  its  members,  and  approved  by  the  executive 
of  the  municipality,  call  a  special  election,  and  submit  to  the  qualified 
voters  of  such  city,  town,  or  municipal  corporation  the  proposition  to 
incur  a  debt  for  any  or  all  of  the  purposes  mentioned  in  section  1 
aforesaid,  and  which  have  been  as  aforesaid  determined  to  be  demanded 
for  the  public  good.  The  resolution  or  ordinance  calling  such  special 
election  shall  specify  the  purpose  for  which  the  indebtedness  is  pro- 
posed to  be  incurred,  the  estimated  cost  of  the  things  proposed,  that 
bonds  of  the  municipality  will  issue  in  the  amount  of  such  estimated  cost, 
the  number  and  character  of  such  bonds,  the  rate  of  interest  to  be  paid, 
and  the  amount  of  the  tax  levy  for  each  year  during  the  outstanding  of 
such  bonds  to  be  made  for  their  payment.  Such  last-named  resolution 
or  ordinance  shall  be  published  as  hereinafter  prescribed.  Such  city 
council  or  legislative  .body  shall  cause  to  be  published,  after  the  publi- 
cation last  named  and  prior  to  the  day  of  holding  such  special  election, 


875  MUNICIPAL  CORPORATIONS.  Act  2366,  §5  3-8 

a  notice  of  the  same,  which  notice  shall  set  forth  substantially  all  the 
matters  contained  in  the  aforesaid  resolution  or  ordinance  calling  such 
special  election. 

§  3.  Every  publication  hereinbefore  mentioned  or  required  shall  be 
in  some  newspaper  published  in  such  city,  "town,  or  municipal  corpora- 
tion; if  in  a  daily  paper  in  at  least  ten  issues  thereof,  and  if  in  a  weekly 
paper  at  least  two  issues  thereof;  and  no  publication  shnll  be  deemed 
to  have  begun  until  any  one  required  preceding  the  same  shall  have 
been  completed. 

§4.  Such  special  election  shall  be  held  in  the  manner  provided  bj' 
law  for  holding  elections  in  such  city,  town,  or  municipal   corporation. 

§5.  It  shall  require  the  votes  of  two-thirds  of  all  the  voters  voting 
at  such  special  election  to  authorize  the  incurring  of  any  indebtedness  or 
the  issuance  of  any  bonds  under  this  act.  If  two-thirds  of  all  the  votes 
cast  at  such  special  election  be  in  favor  of  the  proposition  submitted, 
the  city  council  or  legislative  body  may,  by  ordinance  reciting  the  result 
of  said  election,  provide  for  the  issuance  of  the  proposed  bonds  and  any 
matter  incidental  thereto. 

§  6.  All  municipal  bonds  issued  under  this  act  shall  be  of  the  kind 
known  as  serials,  and  of  such  denominations  as  the  city  council  or  legis- 
lative body  may  determine;  provided,  that  no  bond  shall  be  for  less  than 
one  hundred  dollars  nor  for  more  than  one  thousand  dollars,  and  that 
not  less  than  one-fortieth  part  of  the  whole  indebtedness  evidenced  by 
the  whole  of  the  issue  of  such  bonds  shall  be,  by  the  terms  of  such 
bonds,  made  payable  each  and  every  year.  Each  bond  shall  be  made 
payable  either  in  gold  coin  oi  other  lav.ful  money  of  the  United  States 
as  may  be  expressed  in  such  bond,  on  a  day  and  at  a  place  designated 
therein,  with  interest  at  the  rate  specified  therein,  which  rate  shall  not 
exceed  seven  per  cent  per  annum,  to  be  fixed  by  such  city  council  or 
legislative  body.  Said  place  of  payment  shall  be  either  at  the  office  of 
the  treasurer  of  the  municipality,  or  at  some  designated  bank  in  San 
Francisco,  Chicago,  or  New  York.  Said  bonds  shall  be  executed  on  the 
part  of  such  municipality  by  the  mayor  or  other  executive  thereof,  and 
by  the  treasurer  thereof,  and  countersigned  by  the  clerk  of  the  munici- 
pality. The  interest  coupons  shall  be  numbered  consecutively  and  signed 
by  the  treasurer. 

§7.  Any  of  such  bonds  may  be  issued  by  the  city  council  or  legisla- 
tive body  of  such  city,  town,  or  municipal  corporation,  and  by  the  same 
sold,  at  not  less  than  their  face  value;  and  the  proceeds  of  such  sale 
shall  be  deposited  in  the  municipal  treasury  to  the  credit  of  a  designated 
fund  and  be  applied  exclusively  to  the  purposes  and  objects  for  which, 
as  aforesaid,  the  electors  have  voted  to  incur  indebtedness  or  liability, 
until  such  purposes  and  objects  shall  have  been  accomplished,  after 
which,  the  surplus,  if  any,  may  be  transferred  to  the  general  fund  of 
the   municipality. 

§8.  Such  city  council  or  legislative  body  shall,  at  the  time  of  fixing 
the  general  tax  levy,  and  in  the  manner  for  such  general  tax  levy  pro- 


Acts  2367,  2368  GENERAL  LAWS.  876 

vided,  levy  and  collect  annually,  each  year,  for  the  term  of  forty  years, 
a  tax  sufficient  to  pay  the  annual  interest  on  such  bonds  and  also  one- 
fortieth  part  of  the  aggregate  amount  of  such  indebtedness  so  incurred. 
The  taxes  herein  required  to  be  levied  and  collected  shall  be  in  addition 
to  all  other  taxes  levied  for  municipal  purposes,  and  shall  be  collected 
at  the  same  time  and  in  the  same  manner  as  other  municipal  taxes  are 
collected. 

§9.  The  city  council  or  legislative  body  of  every  city,  town,  or 
municipal  corporation  wherein  or  for  which  any  public  works  or  improve- 
ments are  being  had  or  constructed  for  the  purposes  hereinbefore  speci- 
fied, and  for  which  indebtedness  has  been  incurred  under  the  provisions 
of  this  act,  shall  have  power  to  make  all  needful  rules  and  regulations 
for  acquisition,  construction,  and  completion  of  such  works  and  improve- 
ments; to  appoint  all  needful  agents,  superintendents,  and  engineers  to 
supervise  and  construct  the  same,  and  shall  have  power  in  all  lawful 
ways  to  protect  and  preserve  the  rights  and  interests  of  the  municipality 
in  respect  thereof. 

§  10.  All  contracts  as  to  said  works  and  improvements  shall  be  let, 
in  such  parcels  as  the  city  council  or  legislative  body  may  determine,  to 
the  lowest  responsible  bidder,  after  notice  given  for  at  least  ten  days 
by  publication  in  one  or  more  newspapers  published  in  the  municipality, 
inviting  sealed  proposals.  Security  or  bonds  may  be  required  in  order  to 
guarantee  good  faith  in  bidding  and  in  the  performance  of  contracts, 
or  either,  in  such  amount  as  such  council  or  legislative  body  may  deter- 
mine, and  such  council  or  legislative  body  may  reject   any  or  all  bids. 

§  11.  The  city  council  or  legislative  body  of  the  municipality  may,  by 
resolution,  if  it  deem  the  same  necessary,  require  the  treasurer  of  the 
municipality  to  give  additional  bonds  for  the  safe  custody  and  care  of 
public  funds  derived  under  this  act. 

§12.  The  provisions  of  this  act  are  intended  to  be  paramount  and 
controlling  as  to  all  matters  provided  for  therein  and  as  to  all  questions 
arising  in  or  out  of  procedure  thereunder. 

§  13.     This  act  shall  take  effect  from  and  after  the  time  of  its  passage. 

ACT  2367. 

To  authorize  the  governing  bodies  of  cities  and  towns  other  than  cities 

of  the  first  class,  to  refund  indebtedness.     [Stats.  1883,  p.  370.] 

Amended  1893,  p.  57;  1895,  p.  203.      Repealed  1897,  p.  75. 

Citations.      Cal.    104/693,    696;    109/379,    380;    112/328;    119/629;    121/21, 
211;  123/319;  138/385,  386. 

Unconstitutional  in  part:   Los  Angeles  v.  Teed,  112  Cal.  319. 

ACT  2368. 

Authorizing  the   common  council,  board  of  trustees,   or  other  governing 
body  of  any  incorporated  city  or  town  other  than  cities  of  the  first 


877  MUNICIPAL  CORPORATIONS.  Acts  2369-2371 

class  to  refund  its  indebtedness,  to  issue  bonds  therefor  and  to  pro- 
vide for  the  payment  of  the  same.     [Stats.   1S97,  p.  75.] 
Amended  1901,  p.  274. 
Unconstitutional  in  part:  Los  Angel«s  v.  Hance,  122  Cal.  77. 

ACT  2369. 

Authorizing  the  incurring   of  indebtedness  by  cities   and    towns  to   pay 

the    cost   of   any    permanent    public    improvement.     [IStats.    1887,    p. 

120.] 

Amended  1889.  p.  14.     Repealed  1889,  p.  402. 

ACT  2370. 

Authorizing  cities  of  not  less  than  twenty-six  nor  more  than  thirty  thou- 
sand inhabitants  to  vote  upon   the   question   of   paying  indebtedness 
incurred  in  the  years  1889  and  1890.     [Stats.  1891,  p.  8.] 
Unconstitutional:   Darcy  v.   Mayor,    104   Cal.    642;    Ex   parte   GiamboLini,    117 
Cal.  573 ;  Pasadena  V.  Stimson,  91  Oal.  238. 

ACT  2371. 

An.  act  authorizing  the  incurring  of  indebtedness  by  cities,   towns,  and 
municipal  corporations  for  municipal  improvements,  and  regulating 
the  acquisition,  construction,  or  completion  thereof. 
[Became   a   law    under    constitutional    provision   without    governor's    ap- 
proval, February  25,  1901.     Stats.  1901,  p.  27.] 
Amended  1907,  pp.  570,  609,  634;   1909,  p.  720. 

Citations.  Oal.  142/699,  700;  144/391;  148/586;  151/178,  179,  180,  181, 
476,  477,  574,  575,  576;  153/290,  291,  292,  293,  295,  296.  App.  6/343,  344, 
345. 

"This  act  was  not  repealed  by  'Local  Improvement  Act'  1901,  p.  34  (Town  of 
Mill  Valley  v.  House,  142  Oal.  698).  The  provisions  of  the  San  Francisco  char- 
ter for  a  bonded  indebtedness  for  municipal  improvements,  including  schoolhouses, 
prevail  on  that  subject  over  the  provisions  of  this  act,  so  far  as  there  may  be  any 
conflict  between  them  (Law  v.  San  Francisco,  144  Cal.  384).  See,  also,  1889, 
p.  361,  and  Oakland  v.  Thompson,  34  Oal.  Dec.  91." — Code  Commissioners'  Note. 

§  1.  Any  city,  town  or  municipal  corporation  incorporated  under  the 
laws  of  this  state,  may  as  hereinafter  provided  incur  indebtedness  to  pay 
the  cost  of  any  municipal  improvement  requiring  an  expenditure  greater 
than  the  amount  allowed  for  such  improvement  by  the  annual  tax  levy. 

§  2.  Whenever  the  legislative  branch  of  any  city,  town  or  municipal 
corporation  shall,  by  resolution  passed  by  vote  of  two-thirds  of  all  its 
members  and  approved  by  the  executive  of  said  municipality,  determine 
that  the  public  interest  or  necessity  demands  the  acquisilion,  construc- 
tion or  completion  of  any  municipal  improvement,  including  bridges, 
waterworks,  water  rights,  sewers,  liglit  or  power  worlvs  or  plants,  build- 
ings for  municipal  uses,  wharves,  schoolhouses,  fire  apparatus,  and  street 
work,  or  other  works,  property  or  structures  necessary  or  convenient 
to  carry  out  the  objects,  purposes  and  powers  of  the  municipality,  the 


Act  2371,  §  3  GENERAL  LAWS.  878 

cost  of  which  will  be  too  great  to  be  paid  out  of  the  ordinary  annual 
income  and  revenue  of  the  municipality,  it  may  at  any  subsequent  meet- 
ing of  such  board,  by  a  vote  of  two-thirds  of  all  its  members,  and  also 
approved  by  the  said  executive,  call  a  special  election  and  submit  to  the 
qualified  voters  of  said  city,  town  or  municipal  corporation  the  proposi- 
tion of  incurring  a  debt  for  the  purpose  set  forth  in  said  resolution,  and 
no  question  other  than  the  incurring  of  the  indebtedness  for  said  pur- 
pose shall  be  submitted;  provided,  that  propositions  of  incurring  indebt- 
edness for  more  than  one  object  or  purpose  may  be  submitted  at  the 
same  election.  The  ordinance  calling  such  special  election  shall  recite 
the  objects  and  purposes  for  which  the  indebtedness  is  proposed  to  be 
incurred,  the  estimated  cost  of  the  proposed  public  improvements,  the 
amount  of  the  principal  of  the  indebtedness  to  be  incurred  therefor,  and 
the  rate  of  interest  to  be  paid  on  said  indebtedness,  and  shall  fix  the 
date  on  which  such  special  election  will  be  held,  the  manner  of  holding 
such  election  and  the  voting  for  or  against  incurring  such  indebtedness, 
and  in  all  particulars  not  recited  in  such  ordinance,  such  election  shall 
be  held  as  provided  by  law  for  holding  municipal  elections  in  such 
municipality;  provided,  however,  that  if  the  rate  of  interest  to  be  paid 
on  such  indebtedness  shall  not  exceed  four  and  one-half  per  centum  per 
annum,  payable  semi-annually,  the  rate  of  interest  need  not  be  recited  in 
such  ordinance,  but  in.  its  discretion,  the  said  legislative  branch  may 
recite  in  such  ordinance  a  maximum  rate  of  interest  to  be  paid  on  such 
indebtedness,  not  exceeding  six  per  centum  per  annum  payable  semi- 
annually, which  rate  when  so  recited,  shall  not  be  exceeded  in  the 
issuance  of  bonds  for  such  indebtedness.  [Amendment  approved  March 
19,   1907.     Stats.  1907,  p.  609.     In   effect  immediately.] 

§  3.  Such  ordinance  shall  be  published  once  a  day  for  at  least  seven 
days  in  some  newspaper  published  at  least  six  days  a  week  in  such 
municipality,  or  once  a  week  for  two  weeks  in  some  newspaper  published 
less  than  six  days  a  week  in  such  municipality,  and  one  insertion  each 
week  for  two  succeeding  weeks  shall  be  a  sufficient  publication  in  such 
newspaper  published  less  than  six  days  per  week.  In  municipalities 
where  no  such  newspaper  is  published,  such  ordinance  shall  be  posted 
in  three  public  places  therein  for  two  succeeding  weeks.  No  other 
notice  of  such  election  need  be  given.  It  shall  require  the  votes  of  two- 
thirds  of  all  the  voters  voting  at  such  special  election  to  authorize  the 
issuance  of  the  bonds  herein  provided;  provided,  however,  should  the 
proposition  so  submitted  at  such  election  fail  to  receive  the  requisite 
number  of  votes  of  the  qualified  voters,  voting  at  such  election  to  incur 
the  indebtedness  for  the  purpose  specified,  the  legislative  branch  of 
such  municipality  shall  have  no  power  or  authority  within  one  year  after 
such  election  to  call  or  order  another  election  for  incurring  any  indebt- 
edness for  improvements,  substantially  the  same  as  voted  upon  at  such 
prior  election,  unless  a  petition,  signed  by  a  majority  of  the  taxpayers 
on  the  latest  assessment-roll  of  such  municipality,  be  filed  with  such 
municipality,  requesting  that  such  proposition  or  a  proposition  sub 
stantially  the  same  be   submitted   at   an   election  to  be   called   for   tlie 


879  MUNICIPAL  CORPORATIONS.  Act  2371,  §§  4-G 

submission  of  such   proposition   and   to   be   held  in  accordance   with   the 
provisions  of  this  act. 

§  4.  No  city,  town  or  municipal  corporation  shall  incur  an  indebted- 
ness for  public  improvements  w^hich  shall  in  the  aggregate  exceed  fifteen 
per  cent  of  the  assessed  value  of  all  the  real  and  personal  property  of 
such  city,  town  or  municipal  corporation. 

§5.  All  municipal  bonds  issued  under  the  provisions  of  this  act  shall 
be  payable  substantially  in  the  following  manner:  A  part  to  be  deter- 
mined by  the  legislative  body  of  the  municipality,  which  shall  be  not 
less  than  one-fortieth  part  of  the  whole  amount  of  such  indebtedness, 
shall  be  paid  each  and  every  year  on  a  day  and  date,  and  at  a  place 
within  the  United  States,  to  be  fixed  by  the  legislative  branch  of  the 
municipality  issuing  the  bonds  and  designated  in  such  bonds,  together 
with  the  interest  on  all  sums  unpaid  at  such  date;  provided,  however, 
that,  in  case  of  bonds  issued  for  the  acquisition,  construction  or  com- 
pletion of  waterworks  or  light  or  power  works  or  plants,  or  any  other 
authorized  revenue-producing  public  works,  plant,  utility  or  property, 
the  legislative  body  of  the  municipality  may,  in  its  discretion  determine 
and  fix  a  date  for  the  earliest  maturity  of  the  principal  of  such  bonds 
not  more  than  ten  years  from  the  date  of  the  issue  of  such  bonds,  but, 
in  this  event,  tho  whole  amount  of  such  indebtedness  must  be  made  pay- 
able in  equal  annual  parts  in  not  to  exceed  forty  years  from  the  time 
of  contracting  the  same.  The  bonds  shall  be  issued  in  such  denomina- 
tions as  the  legislative  branch  of  the  municipality  may  determine,  ex- 
cept that  no  bonds  shall  be  of  a  less  denomination  than  one  hundred 
dollars,  nor  of  a  greater  denomination  than  one  thousand  dollars,  and 
shall  be  payable  on  the  day  and  at  the  place  fixed  in  such  bonds,  and 
with  interest  at  the  rate  specified  in  the  bonds,  which  rate  shall  not 
be  in  excess  of  six  per  cent  per  annum,  and  shall  be  payable  semi- 
annually, and  said  bonds  shall  be  signed  by  the  executive  of  the 
municipality,  or  by  such  other  officer  thereof,  as  the  council,  board  of 
trustees,  or  other  legislative  body  of  the  municipality  shall,  by  resolu- 
tion adopted  by  a  two-thirds  vote  of  all  its  members,  authorize  and 
designate  for  that  purpose;  and  also  signed  by  the  treasurer  thereof, 
and  shall  be  countersigned  by  the  clerk.  The  coupons  of  said  bonds 
shall  be  numbered  consecutively  and  signed  by  the  treasurer. 

In  case  of  any  of  such  officers  whose  signatures  or  countersignatures 
appear  on  the  bonds  or  coupons  shall  cease  to  be  such  officer  before 
the  delivery  of  such  bonds  to  the  purchaser,  such  signatures  or  counter- 
signatures shall  nevertheless  be  valid  and  sufficient  for  all  purposes 
the  same  as  if  they  had  remained  in  office  until  the  delivery  of  the 
bonds.  [Amendment  approved  March  25,  1909.  Stats  1909,  p.  720. 
In  effect  immediately.] 

Also  amended  in  1907,  Stats.  1907,  p.  610. 

§  6.  Such  bonds  may  be  issued  and  sold  by  the  legislative  branch  of 
the  city,  town  or  municipal  corporation  as  they  may  determine,  but  for 


Act  2371,  §§  7-9  GENERAL  LAWS.  880 

not  less  than  tlieir  par  value,  and  the  proceeds  of  such  bonds  shall  be 
placed  in  the  municipal  treasury  to  the  credit  of  the  proper  improvement 
fund,  and  shall  be  applied  exclusively  to  the  purposes  and  objects  men- 
tioned in  the  ordinance. 

§  7.  The  legislative  branch  of  said  city,  town  or  municipality  shall 
at  the  time  of  fixing  the  general  tax  levy,  and  in  the  manner  for  such 
general  tax  levy  provided,  levy  and  collect  annually  each  year  until 
said  bonds  are  paid,  or  until  there  shall  be  a  sum  in  the  treasury  of  said 
city,  town  or  municipality  set  apart  for  that  purpose  to  meet  all  sums 
coming  due  for  principal  and  interest  on  such  bonds,  a  tax  sufficient  to 
pay  the  annual  interest  on  such  bonds,  and  also  such  part  of  the  prin- 
cipal thereof  as  shall  become  due  before  the  time  for  fixing  the  next 
general  tax  levy.  Provided,  however,  that  if  the  maturity  of  the  in- 
debtedness created  by  the  issue  of  bonds  be  made  to  begin  more  than 
one  year  after  the  date  of  the  issuance  of  such  bonds,  such  tax  shall 
be  levied  and  collected  at  the  time  and  in  the  manner  aforesaid  an- 
nually each  year,  sufficient  to  pay  the  interest  on  such  indebtedness  as 
it  falls  due,  and  also  to  constitute  a  sinking  fund  for  the  payment  of 
the  principal  thereof  on  or  before  maturity.  The  taxes  herein  required 
to  be  levied  and  collected  shall  be  in  addition  to  all  other  taxes  levied 
for  municipal  purposes,  and  shall  be  collected  at  the  time  and  in  the 
same  manner  as  other  municipal  taxes  are  collected,  and  be  used  for 
no  other  purpose  than  the  payment  of  said  bonds  and  accruing  interest. 
[Amendment  approved  March  19,  1907.  Stats.  1907,  p.  611.  In  effect 
immediately.] 

§  8.  It  shall  be  the  duty  of  the  legislative  branch  of  every  city, 
town  or  municipal  corporation,  wherein  public  improvements  are  being 
made  under  the  provisions  of  this  act,  to  make  all  needful  rules  and 
regulations  for  carrying  out  and  maintaining  such  improvements,  to 
appoint  all  needful  agents,  si;perintendents  and  engineers  to  properly 
look  after  the  construction  and  operation  of  such  public  works,  and  in 
all  lawful  ways  to  protect  and  preserve  the  rights  and  interests  of  the 
municipality;  provided,  however,  that  in  cities,  towns,  or  municipalities 
operating  under  a  charter  heretofore  or  hereafter  framed  under  section  8 
of  article  11  of  the  constitution,  and  having  a  board  of  public  works,  all 
the  matters  and  things  required  in  this  section  to  be  done  and  per- 
formed by  the  legislative  branch  of  the  municipality  shall  be  done  and 
performed  by  the  board  of  public  works  of  such  city,  town  or  municipal- 

ity. 

§9.  All  contracts  for  the  construction  or  completion  of  any  public 
work  or  improvement  or  for  furnishing  labor  or  materials  therefor,  as 
herein  provided,  shall  be  let  to  the  lowest  responsible  bidtler.  The  legis- 
lative branch  of  the  municipality  shall  advertise  for  at  least  ten  days 
in  one  or  more  newspapers  published  in  the  municipality,  inviting  sealed 
proposals  for  furnishing  the  labor  and  materials  for  the  proposed  work 
or  improvement  before  any  contract  shall  be   made   therefor.     The  said 


881  MUNICIPAL   CORPORATIONS.  Act  2371,  §§  9%.  10 

legislative  branch  shall  have  the  right  to  require  such  bonds  as  they 
may  deem  best  from  the  successful  bidder  to  insure  the  faithful  per- 
formance of  the  contract  work,  and  shall  also  have  the  right  to  reject 
anj^  and  all  bids;  provided,  hov>'ever,  that  nothing  herein  contained 
shall  be  construed  as  prohibiting  the  municipality  itself  from  construct- 
ing or  completing  such  works  or  improvements,  and  employing  the  labor 
necessary  therefor;  and  provided  further,  that,  in  cities,  towns  or 
municipalities  operating  under  a  charter,  heretofore  or  hereafter  framed 
under  section  8  of  article  11  of  the  constitution  and  providing  for  a 
board  of  public  works  all  the  matters  and  things  required  in  this  sec- 
tion to  be  done  and  performed  by  the  legislative  branch  of  the  municipal- 
ity shall  be  done  and  performed  by  the  board  of  public  works  of  such 
city,  town  or  municipality,  and,  in  case  such  charter  also  prescribes  the 
manner  of  letting  and  entering  into  contracts  for  the  furnishing  of 
labor,  materials  or  supplies  for  the  constructing  or  completion  of  pub- 
lic works  or  improvements,  the  contracts  therefor  shall  be  let  and  en- 
tered into  in  conformity  with  such  charter.  [Amendn.ent  approved 
Ms,.ch   19,    1907.     Stats.    1907,   p.   611.     In   effect   immediately.] 

§  9V'2'  Whenever  the  legislative  branch  of  any  municipality  shall  by 
resolution  deem  the  expenditure  of  money  raised  by  the  sale  of  bonds 
uMder  the  terms  of  this  act  for  the  purpose  for  which  said  bonds  were 
voted  impracticable  or  unwise,  said  legislative  branch  of  said_  city, 
town,  or  municipal  corporation  may  call  a  special  election  to  obtain  the 
consent  of  the  people  of  said  city,  town,  or  municipal  corporation  to 
use  said  money  for  some  other  specified  municipal  purpose.  The  ordi- 
narce  calling  such  special  election  shall  recite  the  new  object  or  purpose 
for  which  the  said  money  is  proposed  to  be  expended,  and  shall  fix 
the  date  on  which  such  spacial  election  will  be  held,  the  manner  of  hold- 
ing svch  election  and  the  voting  for  or  against  the  expenditure  of  said 
money  for  said  purpose,  and  in  all  particulars  not  recited  in  said  ordi- 
nance such  election  shall  be  held  as  provided  by  law  for  holding  of  such 
Eiunicipal  elections  in  such  municipality.  Such  ordinance  shall  be  pub- 
lished once  a  day  for  at  least  seven  days  in  some  newspaper  published 
at  least  six  days  a  week  in  such  municipality,  or  once  a  week  for  two 
weeks  in  some  newspaper  published  less  than  six  days  a  week  in  such 
municipality,  and  one  insertion  each  week  for  two  succeeding  weeks  shall 
be  a  sufficient  publication  in  such  newspaper  published  less  than  six 
days  per  week.  In  municipalities  where  no  such  newspaper  is  pub- 
lished, such  ordinance  shall  be  posted  in  three  public  places  therein  for 
two  succeeding  weeks.  No  other  notice  of  such  election  need  be  given. 
It  shall  reciuire  the  votes  of  two-thirds  of  all  the  voters  at  such  special 
election  to  authorize  the  expendilure  of  the  money  for  the  purpose 
mentioned  in  the  ordinance  calling  said  special  election.  [New  section 
approved  March  19,  1907.     Stats.  1907,  p.  634.     In  effect  immediately.] 

§  10.     Whenever   the  legislative   branch   of   any   municipality   shall   by 
resolution    deem   it   necessary,   they   may   require   the   treasurer  of  such 
Gen.  Laws — 58 


Act  2372  GENERAL  LAWS.  882 

municipality  to  give  additional  bonds  for  the  safe  custody  and  care  of 
the  public  funds. 

§  11.  All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby 
repealed. 

§  12.  This  act  shall  not  be  deemed  to  repeal,  conflict  with  or  modify 
any  provision  of  any  statute  of  this  state  concerning  the  levy  of  special 
taxes  for  specific  public  improvements  when  bond  issues  are  not  con- 
templated. 

§  12y2.  All  proceedings  which  may  have  been  prior  to  the  passage 
of  this  act,  taken  by  any  city,  town  or  municipal  corporation,  incor- 
porated under  the  laws  of  this  state,  in  the  manner  prescribed  by  the 
said  act  of  which  this  act  is  amendatory,  for  the  incurring  of  indebt- 
edness for  the  purpose  of  acquiring,  constructing,  completing  or  repair- 
ing any  wharf  or  w^harves,  shall  be  and  the  same  are  hereby  declared 
to  be  valid  as  fully  as  though  the  incurring  of  indebtedness  for  such 
purpose  had  been  expressly  authorized  by  said  act,  and  any  and  all 
indebtedness  incurred,  or  which  may  hereafter  be  incurred,  by  any  such 
city,  town  or  municipal  corporation,  or  any  bonds  which  may  have  been 
or  may  hereafter  be  issued  pursuant  to  any  such  proceedings  so  taken 
or  had  shall  be  and  the  same  are  hereby  declared  to  be  valid,  as  fully 
as  though  the  creation  of  said  indebtedness  or  the  issuance  of  said 
bonds  had  been  expressly  authorized  by  said  act.  [New  section  added 
March  18,  1907.     Stats.   1907,  p.  570.     In  effect  immediately.] 

§  13.     This  act  shall  take  effect  immediately. 

The  amendatory  act  of  March  19,  1907.  Stats.  1907,  p.  609,  contained  the 
following  section  "§  5.  That  nothing  in  this  act  contained  shall  be  construed 
as  affecting  the  issue  or  sale  of  bonds  in  pursuance  of  proceedings  begun  prior  to 
the  taking  effect  of  this  act  and  under  the  provisions  of  the  act  amended  hereby." 

ACT  2372. 

An  act  authorizing  cities,  towns,  and  municipal  corporations  to  estab- 
lish and  maintain  public  assembly  or  convention  halls,  and  to  incur 
indebtedness  for  such  improvements, 

[Approved  March  25,  1903.     Stats.  1903,  p.  412.] 

§  1.  Any  city,  town,  or  municipal  corporation  in  this  state  may 
acquire,  by  purchase,  condemnation,  or  otherwise,  all  necessary  land 
whereon  to  construct,  and  may  construct  and  maintain  thereon,  a  public 
assembly  or  convention  hall,  and  may  incur  indebtedness,  as  herein- 
after provided,  to  pay  the  cost  of  such  improvement. 

§2.  Whenever  the  legislative  body  of  any  city,  town  or  municipal 
corporation,  shall,  by  resolution  passed  by  a  vote  of  a  majority  of  its 
members,  determine  that  the  public  interest  or  necessity  demands  the 
acquisition  of  the  necessary  land  whereon  to  construct,  and  the  con- 
struction   or    completion    thereon,    of    a   public    assembly    or    convention 


883  MUNICIPAL   CORPORATIONS.  Act  2372,  §§  3-7 

hall,  Ihc  cost  of  which  will  be  too  great  to  bo  paid  out  of  the  onlinary 
annual  income  and  revenue  of  the  naunicipalitj'  it  ma}'  at  any  subse- 
quent meeting  of  such  body,  by  an  ordinance,  passed  by  a  vote  of  two- 
thirds  of  all  its  members,  call  a  special  election,  and  submit  to  the 
((ualified  voters  of  said  municipality,  the  proposition  of  incurring  a  debt 
for  the  purpose  set  forth  in  said  resolution.  The  ordinance  calling  such 
special  election  shall  recite  the  object  and  purpose  for  which  the  indebt- 
edness is  proposed  to  be  incurred,  the  estimated  cost  of  the  proposed 
improvement,  the  amount  of  the  principal  of  the  indebtedness  to  be 
incurred  therefor,  and  the  rate  of  interest  to  be  paid  on  said  indebted- 
ness; and  shall  fix  the  date  on  which  such  special  election  will  be  held, 
the  manner  of  holding  such  election,  and  of  voting  for  or  against  such 
proposition;  and  in  all  other  particulars  not  recited  in  said  ordinance, 
such  election  shall  be  held  as  provided  by  law  for  holding  municipal 
elections  in  such  municipality.  Such  ordinance  shall  be  published  once 
a  day  for  a  period  of  five  days  in  a  daily  newspaper  published  in  said 
municipality,  or  once  a  week  for  three  successive  weeks  in  a  w^eekly 
newspaper  published  in  said  municipality.  No  other  notice  of  such  elec- 
tion need  be  given, 

§  3.  It  shall  require  the  votes  of  two-thirds  of  all  the  voters  voting  at 
such  special  election  to  authorize  the  issuance  of  the  bonds  herein  pro- 
vided for. 

§4.  No  city,  town,  or  municipal  corporation  shall  incur  an  indebt- 
edness under  the  provisions  of  this  act,  which  together  with  all  other 
indebtedness  of  said  city,  town,  or  municipal  corporation,  shall,  in  the 
aggregate,  exceed  fifteen  per  cent  of  the  assessed  value  of  all  the  real 
and  personal  property  in  said  city,  town  or  municipal  corporation. 

§5.  All  bonds  issued  under  the  provisions  of  this  act  shall  be  issued, 
sold,  and  made  payable,  in  the  manner  and  form  prescribed  for  the 
issue,  sale,  and  payment  of  municipal  bonds,  by  an  act  entitled,  "An 
act  authorizing  the  incurring  of  indebtedness  by  cities,  towns,  and 
municipal  corporations  for  municipal  improvements,  and  regulating  the 
acquisition,  construction,  or  completion  thereof,"  which  became  a  law, 
under  the  provisions  of  the  constitution,  without  the  governor's  approval, 
February  25,  1901. 

§  6.  The  proceeds  of  the  sale  cf  bonds  issued  under  the  provisions 
of  this  act  shall  be  placed  in  the  municipal  treasury  to  the  credit  of  a 
fund  to  be  known  as  the  public  hall  fund,  and  shall  be  applied,  exclu- 
sively, to  the  purpose  and  object  mentioned  in  the  ordinance. 

§7.  The  legislative  body  of  said  municipality  shall,  at  the  time  of 
fixing  the  general  tax  levy,  and  in  the  manner  for  such  general  tax  levy 
provided,  levy  and  collect,  annually,  each  year  until  said  bonds  are 
paid,  a  tax  sufficient  to  pay  the  annual  interest  and  the  part  of  the 
principal  of  such  bonds,  that  shall  become  due  before  the  time  for  fixing 
the  next  general  tax  levy,  and  is  not  at  the  time  of  fixing  such  annual 


Act  2372,  §§  8,  9  GENERAL  LAWS.  884 

tax  levy,  otherwise  provicled  for  by  funds  then  in  the  treasury  and  set 
apart  for  that  purpose.  The  taxes  herein  required  to  be  levied  and 
collected  shall  be  in  addition  to  all  other  taxes  levied  for  municipal 
purposes,  and  shall  be  collected  at  the  same  time,  and  in  the  same 
manner  as  other  municipal  taxes  are  collected,  and  be  used  for  no  other 
purpose  than  the  payment  of  said  bonds  and  accruing  interest. 

§  8.  All  moneys  derived  from  the  use  or  hire  of  such  assembly  or 
convention  hall  shall  be  deposited  in  the  treasury  of  the  municipality 
to  the  credit  of  said  public  hall  fund,  and  shall  be  applied,  exclusively, 
to  the  following  purposes,  to  wit: 

First — For  the  necessary  expenses  of  conducting,  maintaining,  and 
insuring  such  hall,  and  of  making  all  improvements  and  repairs  thereof. 

Second — For  the  payment  of  installments  of  interest  or  principal  be- 
coming due  on  said  bonds  until  the  whole  of  said  bonded  indebtedness 
shall  have  been  paid. 

Third — Any  surplus  remaining  after  providing  for  the  purposes,  first 
and  second  above  specified,  may  be  appropriated  and  used  for  general 
municipal  purposes. 

§  9.  The  legislative  body  of  any  city,  town,  or  municipal  corporation 
wherein  bonds  have  been  issued  tor  the  construction  or  completion  of 
a  public  assembly  or  convention  hall,  under  the  provisions  of  this  act, 
shall  have  the  power  to  appoint  and  employ  all  needful  architects,  en- 
gineers, superintendents,  and  agents,  to  prepare  plans  for  the  construc- 
tion or  completion  of  such  public  assembly  or  convention  hall,  and  to 
superintend  such  work.  All  contracts  for  the  construction  or  comple- 
tion of  such  public  assembly  or  convention  hall,  or  for  the  furnishing 
of  labor  or  materials  therefor,  shall  be  let  to  the  lowest  responsible 
bidder.  The  legislative  body  of  the  municipality  shall  advertise  for  at 
least  ten  days  in  one  or  more  newspapers  published  in  such  municipal- 
ity, inviting  sealed  proposals  for  the  construction  or  completion  of  said 
improvement,  or  for  the  furnishing  of  labor  and  materials  therefor 
before  any  contracts  shall  be  made.  The  said  legislative  body  shall 
have  the  right  to  require  from  the  successful  bidder,  such  bonds  as  they 
may  deem  best  to  insure  the  faithful  performance  of  his  contract. 
They  shall  also  have  the  right  to  reject  any'  and  all  bids.  Said  legis- 
lative body  shall  have  power  to  appoint  such  officers,  or  agents,  and 
to  make  and  enforce  such  rules  and  regulations  as  may  be  necessary 
for  the  management,  control,  letting,  and  use  of  such  public  assembly 
or  convention  hall;  provided,  however,  that  in  cities,  towns,  or  municipal 
corporations,  operating  under  a  charter,  heretofore  or  hereafter  framed 
under  section  8  of  article  11  of  the  constitution,  and  providing  for  a 
board  of  public  works,  all  matters  and  things  required  in  this  section 
to  be  done  and  performed  by  the  legislative  body  of  the  municipality, 
shall  be  done  and  performed  by  said  board  of  public  works;  provided, 
further,  that  in  cities,  towns,  or  municipal  corporations  not  having  such 
board  of  public  works,  the  legislative  body  may,  by  ordinance,  fipnoint 
a  commission  to  select  the  site  for  said  hall,  to  have  charge  and  super- 


885  MUNICIPAL   CORPORATIONS.  Acts  2373,  2374 

vision  of  its  construction,  and  to  manage  and  control  the  letting  and  use 
thereof,  and  may,  by  ordinance,  prescribe  and  regulate  the  powers  and 
duties  of  said  commission. 

§  10.     This  act  shall  take  effect  immediately. 

ACT  2373. 

To  provide  for  changing  the  boundaries  of   municipal  corporations,  and 
to  exclude  territory  therefrom.     [Stats.  1889,  p.  356.] 
Citations.     Cal.  85/  370,371,372;  95/452;   100/572;   109/471,473;   123/605; 
148/627,  628,  641,  642;  153/544,  547,  549;   154/222,  226. 

Superseded  in  part,  at  least,  by  1889,  p.  433,  c.  CCLXXX.      See  next  act. 

ACT  2374. 

An  act  to  provide  for  the  alteration  of  the  boundaries  of  and  for  the 
annexation  of  territory  to  incorporated  towns  and  cities,  and  for 
the  incorporation  of  such  annexed  territory  in  and  as  a  part  of 
such  municipalities,  and  for  the  districting,  government,  and  munici- 
pal control  of  annexed  territory. 

[Approved  March  19,  1889.     Stats.  1S89,  p.  338.] 
Amended  1905,  p.  551. 
Citations.      Cal.  123/600,  606;   133/340. 

"See    1889,    pp.    356,    433;    1899,    p.    37.      Constitutional    (People    v.    Town    of 
Ontario,  148  Cal.  625)." — Code  Commissioner's  Note. 

Alteration  of  boundaries  of  incorporated  towns  or  cities. 

§  1.  The  boundaries  of  any  incorporated  town  or  city,  whether  here- 
tofore or  hereafter  formed,  incorporated,  reincorporated,  organized,  or 
reorganized,  may  be  altered,  and  new  territory  annexed  thereto,  incor- 
porated and  included  therein,  and  made  a  part  thereof,  upon  proceed- 
ings being  had  and  taken  as  in  this  act  provided.  The  council,  board  of 
trustees,  or  other  legislative  body  of  any  such  municipal  corporation, 
upon  receiving  a  written  petition  therefor  containing  a  description  of 
the  new  territory  asked  to  be  annexed  to  such  corporation,  and  signed 
by  not  less  than  one-fifth  in  number  of  the  qualified  electors  of  such 
municipal  corporation,  computed  upon  the  number  of  votes  cast  at  the 
last  general  municipal  election  held  therein,  must,  without  delay,  submit 
to  the  electors  of  such  municipal  corporation,  and  to  the  electors  residing 
in  the  territory  proposed  by  such  petition  to  be  annexed  to  such  cor- 
poration, the  question  whether  such  new  territory  shall  be  annexed  to, 
incorporated  in,  and  made  a  part  of  said  municipal  corporation.  Such 
question  shall  136  submitted  at  a  special  election  to  be  held  for  that 
purpose,  and  no  other;  and  such  legislative  body  is  hereby  empowered 
to,  and  it  shall  be  its  duty  to  cause  notice  to  be  given  of  such  election 
by  the  publication  of  a  notice  thereof  in  a  newspaper  printed  and  pub- 
lished in  such  municipal  corporation,  and  also  in  a  newspaper,  if  any 
such  there  be,  printed  and  published  outside  of  such  corporation,  but  in 
the  county  in  which  the  territory  so  proposed  to  be  annexed  is  situated, 
in  each  case  at  least  once  a  week  for  a  period  of  four  successive  weeks 


Act  2374,  §  1  GENERAL  LAWS.  880 

next  preceding  the  date  of  such  election.  Such  notice  shall  distinctly 
state  the  proposition  to  be  submitted,  i.  e.,  that  it  is  proposed  to  annex 
to,  incorporate  in,  and  make  a  part  of  such  municipal  corporation  the 
territory  sought  to  be  annexed,  specifically  describing  the  boundaries 
thereof;  and  in  said  notice  the  qualified  electors  of  said  municipal  cor- 
poration, and  the  qualified  electors  residing  in  said  territory  so  proposed 
to  be  annexed,  shall  be  invited  to  vote  upon  such  proposition  by  placing 
upon  their  ballots  the  words  "For  annexation"  or  "Against  annexation," 
or  words  equivalent  thereto.  Such  legislative  body  is  hereby  empow- 
ered, and  it  shall  be  its  duty,  to  establish,  and  in  such  notice  of  election 
designate  the  voting  precinct  or  precincts,  and  the  place  or  places  at 
which  the  polls  will  be  opened  in  such  territory  so  proposed  to  be 
annexed,  and  also  in  such  municipal  corporation.  And  such  place  or 
places  shall  be  that  or  those  commonly  used  as  voting  places  within 
such  municipal  corporation,  and  also  that  or  those  commonly  used  within 
such  new  territory,  if  any  such  there  be.  Such  legi'slative  body  is 
empowered  to,  and  it  shall,  appoint  the  officers  of  such  election,  who 
shall  be,  for  each  voting  place  in  such  municipal  corporation,  and  for 
such  voting  place  in  said  new  territory,  two  judges  and  one  in3pector, 
each  of  whom  shall  be  a  qualified  elector  of  the  voting  precinct  in  which 
he  is  appointed  to  act  as  an  officer  of  such  election.  The  ballots  used  at 
such  election,  the  opening  and  closing  of  the  polls,  and  the  holding  and 
conducting  of  such  election,  shall  be  in  conformity,  as  far  as  may  be, 
with  the  general  laws  of  this  state  concerning  elections;  and  the  judges 
and  inspectors  of  such  election  shall  immediately  on  the  closing  of  the 
polls,  count  the  ballots,  make  up  and  certify  the  tally-sheets  of  the 
ballots  cast  at  their  respective  polling-places,  seal,  and  then  immedi- 
ately return  the  same  as  below  provided,  doing  so,  as  nearly  as  prac- 
ticable, in  the  manner  provided  in  the  election  laws  of  this  state;  but 
the  ballots,  tallj^-sheets,  and  returns  shall  be  so  returned  to  and  depos- 
ited with  the  clerk  of  such  legislative  body.  Such  legislative  body  shall, 
at  the  time  provided  for  its  regular  meeting  next  after  the  expiration 
of  three  days  from  and  after  the  date  of  said  election,  meet  and  proceed 
to  open  and  canvass  said  ballots,  tally-sheets,  and  returns;  and  such 
canvass  shall  be  completed  at  such  meeting,  if  practicable,  and  in  any 
event,  as  soon  as  practicable,  avoiding  adjournment  or  adjournments, 
if  possible,  until  said  canvass  is  completed.  Such  canvass  by  such  legis- 
lative body  shall  be  conducted  and  completed  as  follows:  The  ballots 
cast  in  such  outside  territory  so  proposed  to  be  annexed  together  with 
the  tally-sheets  and  returns  belonging  therewith,  shall  be  canvassed 
separately;  and  the  ballots  cast  inside  of  said  municipal  corporations, 
together  v/ith  their  tally-sheets  and  returns,  shall  be  canvassed  sep- 
arately. Immediately  upon  the  completion  of  such  canvass  said  legis- 
lative body  shall  cause  a  record  thereof  to  be  made  and  entered  upon 
its  minutes,  showing  the  whole  number  of  ballots  cast  in  such  outside 
territory,  the  whole  number  of  ballots  east  in  such  municipal  corpora- 
tion, the  number  thereof  cast  in  each  in  favor  of  annexation,  and  the 
number  thereof  cast  in  each  against  annexation;  and  if  it  shall  appear 
from  such  canvass  that  a  majority  of  all  the  ballots  cast  in  such  outside 


887  MUNICIPAL   CORPORATIONS.  Act  2374,  §§  2-4 

territory,  and  a  majority  of  all  the  ballots  cast  inside  of  said  municipal 
corporation,  are  in  favor  of  annexation,  the  clerk,  or  other  oflicer  per- 
forming the  duties  of  clerk,  of  such  legislative  body,  shall  promptly 
make  and  certif}', .  under  the  seal  of  said  municipal  corporation,  and 
transmit  to  the  secretary  of  state,  a  copy  of  said  record  fo  entered  upon 
said  minutes,  together  with  a  sfatemcnt  showing  the  date  of  said  elec- 
tion and  the  time  and  result  of  said  canvass,  which  document  shall  be 
filed  by  the  secretary  of  state  immediately  upon  the  receipt  thereof. 
From  and  after  the  date  of  the  filing  of  said  document  in  the  office  of 
the  secretary  of  state,  the  annexation  of  such  territory  so  proposed  to 
be  annexed  shall  be  deemed  and  shall  be  complete,  and  thenceforth  such 
annexed  territory  shall  be,  to  all  intents  and  purposes,  a  part  of  such 
municipal  corporation,  except  only  that  no  property  within  such  annexed 
territory  shall  ever  be  taxed  to  pay  any  portion  of  any  indebtedness 
or  liability  of  such  municipal  corporation  contracted  prior  to  or  existing 
at  the  time  of  such  annexation.  No  territory  which,  at  the  time  such 
petition  for  such  proposed  annexation  is  presented  to  such  legislative 
body,  forms  any  part  of  any  incorporated  town  or  city,  shall  be  annexed 
under  the  provisions  of  this  act. 

Altering  boundaries  of  wards. 

§  2.  The  legislative  body  of  any  incorporated  town  or  city  which  is 
or  shatl  be  divided  into  wards,  and  to  which  territory  has  been  hereto- 
fore or  shall  be  hereafter  annexed,  must  by  ordinance  either  so  alter 
the  ]  cundaries  of  the  wards  of  such  municipal  corporation  as  to  include 
such  annexed  territory  in  one  or  more  wards  adjoining  such  annexed 
territory,  or  make  of  such  annexed  territory  one  or  more  additional 
wavds;  provided,  that  the  number  of  wards  shall  not  be  so  increased  as 
to  exceed  the  number  which  such  municipal  corporation  may  according 
to  law  have.  In  altering  the  boundaries  of  wards,  or  creating  new 
wards,  regard  must  be  had  to  the  number  of  inhabitants,  so  that  each 
w^rd  shall  contain,  as  near  as  may  be,  an  equal  number  of  inhabitants, 
exclusive  of  persons  incapable  of  citizenship  in  this  state. 

§  3.  Nothing  in  this  act  provided  for  sh?ll  alter  or  affect  the 
boundaries  of  any  senatorial  or  assembly  district. 

Expenses,  how  paid. 

§4.  All  proper  expenses  of  proceedings  for  annexation  of  territory 
under  this  act,  whether  such  annexation  shall  be  made  and  completed 
or  not,  shall  be  paid  by  the  municipal  corporation  so  annexing  or  attempt- 
ing to  annex  such  territory.  In  the  event  that  a  tax  for  road  purposes 
has  been  levied  by  the  board  of  supervisors  of  any  county  against  prop- 
erty situate  in  territory  which,  subsequent  to  such  levy,  is  annexed  by 
any  town  or  city  under  the  provisions  of  this  act,  but  which,  at  the  time 
of  such  annexation  has  not  been  collected,  then  all  such  taxes  so  uncol- 
lected shall  be  and  become  the  property  of  the  town  or  city  to  which 
such  territory  is  annexed,  and  same  shall,  with  other  county  taxes, 
be  collected  by  the  county  tax  collector,  and  by  him  paid  into  the 
county    treasury    of   said    county,    after    which    the    same    shall,    by    the 


Act  2375  GENERAL  LAWS.  888 

county  treasurer,  be  paid  to  such  town  or  city,  upon  proper  warrant 
therefor.  The  town  or  city  clerk,  or  other  officer  performing  the  duties 
of  clerk  of  such  town  or  city,  shall,  at  any  regular  meeting  of  the  board 
of  supervisors  of  said  county,  present,  and  file  a  verified  claim  for  any 
money  thus  due  such  town  or  city;  setting  forth  the  fact,  and  the  date 
of  such  annexation,  and  the  amount  in  the  hands  of  said  county  treas- 
urer so  due  such  town  or  city.  Said  claim  shall  be  audited  by  the  board 
of  supervisors  in  the  manner  in  which  other  claims  against  the  county 
are  audited,  and  if  the  amount  thereof  is  correct,  the  same  shall  be 
allowed,  and  the  county  auditor  instructed  to  draw  his  warrant  for  said 
amount  against  the  road  fund  of  the  district  in  which  such  annexed 
territory  is  situated.  This  law  shall  apply  to  all  such  taxes  not  paid 
into  the  county  treasury  prior  to  the  passage  of  this  act.  [Amended 
1905,  p.  551;  took  effect  immediately.] 

§  5.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
approval. 

There  was  also  passed  at  the  same  session  the  following  act: 

ACT  2375. 

An  act  to  provide  for  changing  the  boundaries  of  cities  and  municipal 
corporations,  and  to  exclude  territory  therefrom. 
[Approved  March  20,  1889.     Stats.  1889,  p.  433.] 
Amended' 1905,  p.  715. 
Citations.      Cal.  85/370,  371;  95/452;  139/626, 

Exclusion  of  territory  and  changing  boundaries  of  municipal  corporations. 

§  1.  The  boundaries  of  any  city  or  municipal  corporation  may  be 
altered,  and  territory  excluded  therefrom  after  proceeding  had,  as  re- 
quired in  this  section.  The  council,  board  of  trustees,  or  other  legis- 
lative body  of  such  corporation,  shall,  upon  receiving  a  petition  there- 
for, signed  by  not  less  than  a  majority  of  the  qualified  electors  thereof, 
as  shown  by  the  vote  cast  at  the  last  municipal  election  held  therein, 
submit  to  the  electors  of  such  corporation  the  question  whether  such 
territory  as  is  proposed  by  such  petition  shall  be  excluded  from  such 
municipal  corporation  and  cease  to  be  a  part  thereof.  Such  question 
shall  be  submitted  at  a  special  election  to  be  held  for  that  purpose, 
and  such  legislative  body  shall  give  notice  thereof  by  publication  in  a 
newspaper  printed  and  published  in  such  corporation  for  a  period  of 
four  weeks  prior  to  such  election.  Such  notice  shall  distinctly  state  the 
proposition  to  be  so  submitted,  and  shall  designate  specifically  the 
boundaries  of  the  territory  so  proposed  to  be  excluded.  And  the  electors 
shall  be  invited  thereby  to  vote  upon  such  proposition  by  placing  upon 
their  ballots  the  words  "For  exclusion"  or  "Against  exclusion,"  or  words 
equivalent  thereto;  such  legislative  body  shall  also  designate  the  place 
or  places  at  which  the  polls  will  be  opened  in  such  territory  so  proposed 
to  be  excluded,  which  place  or  places  shall  be  that  or  those  usually 
used  for  that  purpose  within  such  territory,  if  any  such  there  be,  and 
for  the  purposes  of  this  act,  the  qualified  electors  residing  in  the  terri- 


889  MUNICIPAL   CORPORATIONS.  Act  2376 

tory  proposed  to  be  excluded  shall  be  entitled  to  vote  at  the  polls  in 
such  tcnitoiy,  and  not  elsewhere.  Such  legislative  body  shall  also  ap- 
point and  designate  in  such  notice  the  names  of  the  ofTicers  of  election. 
Such  legislative  body  shall  meet  on  the  Monday  next  succeeding  the 
day  of  such  election,  and  proceed  to  canvass  the  votes  cast  thereat. 
The  votes  cast  in  such  territory  so  proposed  to  be  excluded  shall  be 
canvassed  separately,  and  if  it  shall  appear  on  such  canvass  that  a 
majority  of  all  the  votes  cast  in  such  territory,  and  a  majority  of  all  the 
votes  in  such  corporation,  shall  be  for  exclusion,  such  legislative 
body  shall,  by  an  order  entered  upon  their  minutes,  cause  their  clerk, 
or  other  officer  performing  the  duties  of  clerk,  to  make  and  transmit 
to  the  secretary  of  state  a  certified  abstract  of  such  vote,  which  abstract 
shall  show  the  whole  number  of  electors  voting  in  such  territory,  the 
whole  number  of  electors  voting  in  such  corporation,  exclusive  of  such 
territory,  the  number  of  votes  cast  in  each  for  exclusion,  and  the  whole 
number  of  votes  cast  in  each  against  exclusion.  From  and  after  the 
date  of  filing  such  abstract,  such  exclusion  of  territory  from  such 
municipal  corporation  shall  be  deemed  complete,  and  thereafter  such 
territory  shall  cease  to  be  a  part  of  such  municipal  corporation;  pro- 
vided, that  nothing  contained  in  this  act  shall  be  held  to  relieve  in  any 
manner  whatsoever  any  part  of  such  territory  from  any  liability  for 
any  debt  contracted  by  such  municipal  corporation  prior  to  such  exclu- 
sion; and  provided  further,  that  such  municipal  corporation  is  hereby 
authorized  to  levy  and  collect  from  any  territory  so  excluded,  from  time 
to  time,  such  sums  of  money  as  shall  be  found  due  from  it  on  account 
of  its  just  proportion  of  liability  for  any  payment  on  the  principal  or 
interest  of  such  debts.  Such  assessment  and  collection  shall  be  made 
in  the  same  manner  and  at  the  same  time  that  such  assessment  and 
collection  is  levied  and  made  upon  the  property  of  such  municipal  cor- 
poration for  any  payment  on  account  of  such  debts;  and  provided  fur- 
ther, that  any  such  territory  so  excluded  from  any  municipal  corporation 
may  at  any  time  tender  to  the  legislative  body  of  such  municipal  cor- 
poration the  amount  for  which  such  territory  is  liable  on  account  of 
such  debts,  and  after  such  tender  is  made,  such  authority  as  is  herein 
given  such  municipal  corporation  to  levy  and  assess  taxes  on  such 
excluded  territory  shall  cease;  provided,  however,  that  after  an  election 
shall  have  been  held  for  the  exclusion  of  any  portion  of  a  municipal 
corporation,  if  the  vote  shall  be  against  exclusion,  no  election  for  the 
exclusion  of  the  same  territory  shall  again  be  held  within  three  years 
from  the  date  of  such  former  election.     [Amended  190.5,  p.  715.] 

§2.     This   act   shall   take   effect   and   be   in   force   from   and    after   its 
passage. 

ACT  2376. 

An  act  providing  for  the  adjustment,  settlement,  and  payment  of  any 
indebtedness  existing  against  any  city  or  municipal  corporation  at 
the   time   of   exclusion   of  territory   therefrom,   and   the   division   of 


Acts  2377-2381  GENERAL  LAWS.  890 

the  property  thereof.     [Approved  March  25,   1893.     Stats.   1893,  p. 

536.] 

Codified  by  §§  1822c-1822f,  Code  of  Civil  Procedure. 

ACT  2377. 

To  provide  for  the  alteration  of  the  boundaries  of  incorporated  town5 
and  cities  by  the  annexation  of  uninhabited  territory  thereto,  and 
for  the  incorporation  of  such  annexed  territory  in  and  as  a  part  of 
such  municipality,  and  for  the  districting,  government  and  municipal 
control  of  annexed  territory.  [Stats.  1899,  p.  37.] 
Citations.  Oal.  148/634,  640,  642. 
See  People  v.  Ontario,  148  Cal.  625. 

ACT  2378. 

Municipal  corporations  act,  enabling  them  to  annex  adjacent  property. 
[Stats.  1871-72,  p.  50.] 
Repealed  1873-74,  p.  535. 

ACT  2379. 

To  provide  for  changing  the  boundaries  of  cities  and  municipal  cor- 
porations, and  to  exclude  territory  therefrom.  [Approved  March 
19,  1889.     Stats.  1889,  p.  356.J 

Citations.      Cal.  85/370,  371,  372;   95/452;  100/572;   109/471,  473;   123/605. 
The  code  commissioners  say  this  act  was  superseded,  in  part  at  least,  by  1889, 
p.  433,  ante.      Se«  Act  2375,  ante. 

ACT  2380. 

To  enable  the  board  of  supervisors,  town  council,  board  of  aldermen, 
or  other  legislative  body  of  any  city  and  county,  city,  or  town,  to 
obtain  data  and  information,  from  any  corporation,  company,  or 
person  supplying  water  to  such  city  and  county,  citv,  or  town,  re- 
quiring such  boards,  town  council,  or  other  legislative  body  to 
perform  the  duties  prescribed  by  section  1  of  article  14  of  the 
constitution,  and  prescribing  penalties  for  the  nonperformance  of 
such  duties.  [Approved  March  7,  1881.  Stats.  1881,  p.  54.] 
Amended  1885,  p.  95.  * 

Citations.      Cal.  61/5,    61/28,   44,   45;    82/331,    335,    336;    100/138;    118/479, 
487,  579;  122/288. 

Unconstitutional  in  part.      Fitch  v.  Supervisors,  122  Cal.  285. 

See  this  act,  tit.  "Water  Companies,"  post,  4348.     See,  also.  Act  4346,  post. 

ACT  2381. 

Authorizing  municipalities  of  less  than  the  first  class  to  obtain,  by  pur- 
chase, donation,  or  devise,  lands  for  cemetery  purposes;  and  author- 
izing the  board  of  trustees  of  said  municipalities  to  make  all  neces- 
sary rules  and  regulations  for  the  government  and  disposition  of 
the  same.     [Stats.  1899,  p.  22.] 


691  MUNICIPAL  CORPORATIONS.  Acts  2382,  2383 

ACT  2382. 

An  act  to  ratify  and  confirm  the  conveyance  of  certain  property  to 
trustees  for  charitable  or  educational  purposes  by  the  city  council 
or  trustees  of  any  city  of  less  than  fifty  thousand  inhabitants,  or 
of  any  incorporated  town. 

[Approved  March  8,  18S9.     Stats.  1889,  p.  94.] 

Confirming  conveyance  of  property  for  charitable  or  educational  pur- 
poses, 
§  1.  Wherever  the  city  council  or  trustees  of  any  citv  of  less  than 
fifty  thousand  inhabitants,  or  of  any  incorporated  town,  has  by  deed 
of  trust  convej^ed  property,  or  any  portion  thereof,  that  has  been  set 
apart  for  a  public  park,  to  trustees,  for  charitable  or  educational  uses, 
such  conveyance  is  hereby  ratified  and  confirmed;  provided,  that  no 
institution  now  existing  or  to  be  established  on  such  property  shall  be 
private  in  its  benefits,  or  sectarian  in  its  work  or  teachings,  or  be  to 
any  extent  under  the  management  or  control  of  or  in  any  way  tributary 
to  any  religious  creed  or  order,  church,  or  sectarian  denomination  what- 
soever; provided  further,  that  land  so  conveyed  shall  be  kept  open  as 
public  grounds  by  the  trustees  of  such  institutions  as  are  or  may  be 
placed  thereon,  and  that  the  public  visitation  of  such  grounds  shall  not 
be  restricted,  excepting  by  such  reasonable  regulations  as  park  property 
and  the  proper  maintenance  of  such  institutions  may  require;  provided, 
further,  that  property  so  conveyed  shall  revert  to  the  grantors,  when- 
ever and  so  far  as  the  grantees  do  not  use  the  same  in  accordance  with 
the  stipulations  of  the  deed  of  trust  and  with  the  requirements  of  this 
statute. 

§2.     This  act  shall  take  effect  immediately. 

ACT  2383. 

An  act  to   provide   for  the   consolidation   of  municipal   corporations. 
[Approved  March  11,  1909.     Stats.  1909,  p.  282.] 

Consolidation  of  municipalities,  proceedings  for. 

§  1.  Two  or  more  municipal  corporations,  each  one  of  which  is  con- 
tiguous to  the  other,  or  to  one  of  the  others  of  said  municipal  corj'ora- 
tions,  either  one  or  more  of  which  shall  be  incorporated  under  general 
laws,  or  operating  under  a  freehilders'  charter,  may  become  consoli- 
dated into  one  municipal  corporation,  to  be  thereafter  governed  in  the 
name  and  under  the  general  municipal  incorporation  law,  or  freeholders' 
charter,  as  the  case  may  be,  under  which  the  greater  or  greatest  in 
population  of  such  municipal  corporations,  as  shown  by  the  last  federal 
census,  may  be  governed,  pursuant  to  proceedings  had  and  taken  in 
accordance  with  the  provisions  of  this  act.  If  any  one  or  more  of 
said  municipal  corporations  shall  have  been  incorporated  subsequent  to 
the  taking  of  the  last  federal  census,  the  greater  or  greatest  in  popula- 
tion of  such  municipal  corporations  shall,  for  the  purposes  of  this  act, 


Act  2333,  §2  GENERAL  LAWS.  892 

be  deemed  to  be  the  municipal  corporation  in  which  the  larger  or  largest 
vote  was  cast  at  the  last  preceding  general  state  election. 

Submission  of  (luestion  to  electors.     Special  election. 

§2.  The  council,  board  of  trustees,  or  other  legislative  body  of  the 
one  of  said  municipal  corporations  having  the  greater  or  greatest  popu- 
lation, ascertained  as  hereinbefore  provided,  shall,  upon  receiving  a 
petition  therefor,  signed  by  not  less  than  one-fifth  of  the  qualified  voters 
of  each  of'  said  municipal  corporations  designated  in  said  petition  and 
proposed  to  be  consolidated,  as  shown  by  the  total  number  of  votes 
cast  at  the  last  preceding  general  state  election  in  each  of  said  municipal 
corporations  respectively,  forthwith  submit  to  the  qualified  electors  of 
each  of  such  corporations  the  question  whether  such  municipal  corpora- 
tions shall  become  consolidated  into  one  municipal  corporation,  to  be 
governed  in  the  name,  and  under  the  freeholders'  charter,  or  as  a  city 
of  the  class  under  the  general  municipal  incorporation  law,  as  the  case 
may  be,  under  which  the  greater  or  greatest  in  population  of  Buch 
municipal  corporations,  ascertained  as  hereinbefore  provided,  may  be 
governed  at  the  time  such  petition  is  so  received.  Such  legislative  body 
shall  designate  a  day  upon  which  a  special  election  shall  be  held  in 
each  of  such  municipal  corporations  so  proposed  to  be  consolidated  for 
the  purpose  of  submitting  to  the  qualified  electors  of  each  of  said  munici- 
pal corporations  the  question  whether  such  consolidation  shall  be  effected, 
and  shall  cause  written  notice  that  such  petition  has  been  received,  and 
of  the  date  of  such  election,  to  be  given  by  the  clerk  thereof  to  the 
council,  board  of  trustees,  or  other  legislative  body  of  each  of  the 
other  of  such  municipal  corporations. 

It  shall  thereupon  be  the  duty  of  the  legislative  body  of  each  of  the 
municipal  corporations  so  proposed  to  be  consolidated  to  forthwith  give 
notice  of  such  election  by  publication  in  a  newspaper  printed,  published 
and  circulated  in  such  municipal  corporation,  and  designated  for  that 
purpose,  by  such  legislative  body,  if  any  such  newspaper  be  printed 
and  published  therein,  at  least  once  a  week  for  four  successive  weeks 
prior  to  such  election.  If  there  be  no  newspaper  printed,  published 
and  circulated  in  any  one  or  more  of  such  municipal  corporations,  the 
legislative  body  thereof  shall  cause  such  notice  to  be  posted  in  three  of 
the  most  public  places  in  such  municipal  corporation  in  which  there  is 
no  such  newspaper  for  at  least  four  weeks  prior  to  such  election.  Such 
notice  shall  distinctly  state  the  proposition  so  to  be  submitted,  the 
names  of  the  municipal  corporations  so  proposed  to  be  consolidated,  the 
date  of  such  election,  which  date  .^hall  be  within  twenty  days  after  the 
expiration  of  the  publication  or  posting  of  such  notice,  and  shall  be 
the  same  for  all  such  municipal  corporations  so  proposed  to  be  con- 
solidated. The  legislative  body  of  each  such  municipal  corporation 
shall  establish,  and  in  such  notice  of  election  shall  designate  the  election 
precinct  or  precincts  for  said  special  election  and  the  place  or  places 
at  which  the  polls  therefor  will  be  opened  in  each  municipal  corpora- 
tion proposed  to  be  consolidated  respectively;  and  in  establishing  such 
election   precincts,  such   legislative   body   may   consolidate   the   precincts 


893  MUNICIPAL   CORPORATIONS.  Act  2383,  $  2 

which  existed  in  such  municipal  corjtoration  for  the  holding  of  the  last 
preceding  general  state  election,  into  special  election  precincts  and  to 
a  number  not  exceeding  three  for  each  such  special  election  precinct,  and 
shall  number  such  special  election  precincts  so  established  consecutively, 
and  each  such  special  election  precinct  so  established  shall,  for  the  pur- 
pose of  such  election,  be  known  by  the  number  so  designated.  Such 
notice  shall  direct  the  electors  of  each  municipal  corporation  so  proposed 
to  be  consolidated  to  vote  upon  the  proposition  of  such  proposed  con- 
solidation in  the  manner  hereinafter  provided.  The  legislative  body  of 
each  such  municipal  corporation  shall  appoint  oiRcers  of  election  from 
the  registered  electors  of  each  precinct,  or  special  election  precinct,  so 
established,  as  aforesaid,  whose  names  appear  upon  the  last  assessment- 
roll  of  such  municipal  corporation,  to  serve  as  election  otHcers  only  in 
the  election  precinct  in  which  they  are  registered  and  actually  reside, 
to  constitute  the  election  board  for  such  precinct,  which  shall  consist 
of  two  judges  and  one  inspector.  Upon  the  ballots  to  be  used  at  such 
election  there  shall  be  printed  the  words  "for  consolidation,"  and 
"against  consolidation,"  in  separate  lines,  and  there  shall  be  a  voting 
square  at  the  right  of  and  opposite  to  each  such  proposition.  If  an 
elector  shall  stamp  a  cross  (X),  in  the  voting  square  after  and  op- 
posite to  the  printed  words  "for  consolidation,"  his  vote  shall  be 
counted  in  favor  of  consolidation;  if  he  shall  stamp  a  cross  (X)  in 
the  voting  square  after  and  opposite  to  the  printed  words  against  con- 
solidation, his  vote  shall  be  counted  against  consolidation.  The  ballots 
used  at  such  election,  the  opening  and  closing  of  the  polls,  and  the 
holding  and  conducting  of  such  election  shall  be  in  conformity,  as  near 
as  may  be,  with  the  general  laws  of  this  state  concerning  general  elec- 
tions, except  as  herein  provided. 

The  judges  and  inspectors  of  each  such  election  precinct  shall  imme- 
diately on  the  closing  of  the  polls  canvass  the  ballots,  make  up  and 
certify  the  tally-sheets  of  the  ballots  cast  at  their  respective  polling- 
places,  seal  up,  and  immediately  return  the  ballots  and  tally-sheets  as 
hereinafter  provided.  As  soon  as  all  the  ballots  are  counted  and  sealed 
up,  a  statement  must  be  attached  to  the  tally-sheets  showing  the  total 
number  of  votes  cast,  the  number  of  votes  cast  in  favor  of  consolida- 
tion, the  number  of  votes  cast  against  consolidation  in  each  such  election 
precincts  and  such  statement  must  be  signed  by  the  members  of  the 
election  board.  The  ballots  and  tally-sheets  and  returns  shall  be  de- 
livered to  and  deposited  with  the  clerk  of  the  legislative  body  of  the 
municipal  corporation,  which  received  the  petition  hereinbefore  men- 
tioned, and  submitted  the  question  of  such  consolidation.  In  all  par- 
ticulars except  as  hereinbefore  provided  said  canvass  shall  be  conducted 
and  said  ballots  and  tally-sheets  Fhall  be  returned  as  provided  b^y  law 
for  general  elections.  The  legislative  bodies  of  each  of  such  municipal 
corporations  so  proposed  to  be  consolidated  shall  meet  in  joint  conven- 
tion at  the  regular  place  of  meeting  of  the  legislative  body  of  the  one 
of  such  municipal  corporations  that  received  the  petition  hereinbefore 
mentioned  and  submitted  such  question  of  consolidation  as  hereinbefore 
provided,  on  the  Monday  next  succeeding  the  day  of  such  election  at  the 


Act  2383,  §2  GENERAL  LAWS.  894 

hour  of  ten  o'clock  A.  M.  of  said  day,  for  the  purpose  of  canvassing 
the  returns  of  said  election  and  certifying  the  result  thereof;  provided 
however,  that  the  presence  of  a  majority  of  the  members  of  each  of 
such  legislative  bodies  at  such  joint  convention  shall  constitute  a 
quorum  thereof,  and  shall  be  sufl&cient  to  enable  such  joint  convention 
to  perform  the  duties  herein  prescribed.  The  president  of  the  council, 
board  of  trustees,  or  other  legislative  body  of  the  municipal  corpora- 
tion in  which  such  joint  convention  is  held,  shall  be  ex-officio  president 
of  such  joint  convention,  and  the  city  clerk  of  such  municipal  corpora- 
tion shall  be  ex-officio  the  clerk  thereof.  Such  joint  convention  shall  at 
the  time  hereinbefore  appointed,  meet  and  proceed  to  canvass  said  re- 
turns, and  such  canvass  shall  be  completed  at  such  meeting  if  practicable, 
and  in  any  event,  within  three  days  thereafter.  Such  canvass  by  such 
joint  convention  shall  be  conducted  and  completed  as  follows:  The  re- 
turns of  the  votes  cast  in  each  such  municipal  corporations  shall  be 
canvassed  separately,  and  in  such  order  as  said  joint  convention,  by  a 
majority  vote,  shall  direct.  Immediately  upon  the  completion  of  such 
canvass  said  joint  convention  shall  cause  a  record  thereof  to  be  made 
and  entered  upon  its  minutes,  showing  the  total  number  of  votes  cast 
in  each  such  municipal  corporation,  the  number  thereof  cast  in  each 
in  favor  of  consolidation,  and  the  number  thereof  cast  in  each  against 
consolidation.  If  it  shall  appear  from  such  canvass  that  a  majority 
of  the  votes  cast  in  each  such  municipal  corporation  shall  be  in  favor 
of  such  Consolidation,  such  joint  convention,  by  an  order  entered  upon 
its  minutes  shall  declare  the  result  and  cause  the  clerk  thereof  to 
make  an  original  abstract  of  the  result  of  such  election  in  each  such 
municipal  corporation,  which  abstract  shall  show  the  total  number  of 
votes  cast  at  such  election  in  each  such  municipal  corporation,  the  num- 
ber of  votes  cast  in  each  for  consolidation,  and  the  number  of  votes 
cast  in  each  against  consolidation.  Said  abstract  shall  be  signed  by 
the  president  of  such  joint  convention,  and  attested  by  the  clerk 
thereof,  under  the  seal  of  the  municipal  corporation  in  which  such  joint 
convention  shall  be  held.  Said  C'erk  shall  also  make  certified  copies 
of  such  abstract  equal  in  number  to  the  number  of  municipal  corpora- 
tions in  which  such  election  was  held;  one  of  which  he  shall  file  in  his 
office,  as  city  clerk  of  the  municipal  corporation  in  which  such  joint 
convention  was  held,  and  the  other  certified  copies  of  such  abstract 
shall  be  delivered  one  to  each  of  the  clerks  of  the  other  municipal  cor- 
porations in  which  such  election  was  held,  v/ithin  three  days  after  the 
completion  of  such  canvass  by  such  joint  convention;  and  the  same 
shall  be  presented  to  the  legislative  body  of  each  such  municipal  cor- 
porations by  the  clerk  thereof  at  its  next  regular  meeting  after  the 
delivery  thereof  to  him,  as  aforesaid,  and  recorded  upon  the  minutes 
of  such  legislative  body.  The  clerk  of  such  joint  convention  shall  keep 
a  record  of  its  proceedings,  and  upon  the  completion  of  such  canvass 
shall  file  such  record  in  his  office,  as  clerk  of  the  municipal  corpora- 
tion in  which  such  joint  convention  shall  be  held.  Upon  the  recording 
of  such  abstracts  in  the  minutes  of  tlae  legislative  body  of  each  municipal 
corporation,  the   clerk  thereof   shall   certify   that  fact   to   the   city   clerk 


895  MUNICIPAL   CORPORATIONS.  Act  2383,  §  2 

of  the  nuinicipal  corporation  in  which  such  joint  convention  was  held, 
who  shall  transmit  to  the  secretary  of  state  the  said  original  abstract 
of  the  result  of  said  election,  made  and  signed  as  hereinbefore  pro- 
vided, and  said  original  abstract  shall  be  filed  by  the  secretary  of  state 
in  his  office  immediately  upon  receiving  the  same,  and  a  certificate  of 
the  filing  of  such  original  abstract  in  his  office  shall  be  by  the  secre- 
tary of  state  transmitted  forthwith  to  the  clerk  of  the  municipal  cor- 
poration in  which  such  joint  convention  was  held. 

In  the  event  that  the  one  of  siK-h  municipal  corporations  so  proposed 
to  be  consolidated,  having  the  greater  or  greatest  population  ascertained 
as  hereinbefore  provided,  shall  be  operating  under  a  freeholders'  char- 
ter, such  consolidation  shall  be  deemed  to  be  completed,  and  such 
municipal  corporations  shall  be  deemed  to  be  consolidated  into  a  new 
municipal  corporation  upon  the  filing  of  such  original  abstract  in  the 
office  of  the  secretary  of  state,  as  aforesaid;  and  thereupon,  said  free- 
holders' charter  shall  ipso  facto  Le  and  become  the  charter  of  such 
consolidated  municipal  corporation,  which  shall  operate  and  be  gov- 
erned as  a  new  municipal  corporation  in  the  name  of  and  under  such 
freeholders'  charter  of  the  one  of  such  municipal  corpoi^ations  so  con- 
solidated having  the  greater  or  greatest  population,  and  the  other  or 
others  of  the  municipal  corporations  so  consolidated  shall  be  ipso  facto 
dissolved,  and  disincorporated,  and  any  freeholders'  charter  thereof  shall 
be  deemed  to  be  surrendered  and  annulled.  And  upon  the  completion 
of  such  consolidation,  such  other  or  others  of  the  municipal  corporations 
so  consolidated  shall  be  deemed  to  be  annexed  to  and  joined  to  and 
merged  into  the  on«  of  said  municipal  corporation  so  operating  under  a 
freeholders'  charter  and  having  the  greater  or  greatest  population,  as 
aforesaid. 

In  the  event  that  the  one  of  such  municipal  corporations  so  proposed 
to  be  consolidated,  having  the  greater  or  greatest  population,  ascertained 
as  hereinbefore  provided,  shall  not  be  operating  under  a  freeholders' 
charter,  and  the  electors  of  all  such  municipal  corporations  proposed  to 
be  consolidated  shall  vote  in  favor  of  consolidation,  and  all  other  acts 
and  proceedings  for  the  consolidation  of  such  municipal  corporations  into 
one  municipal  corporation  shall  have  been  severally,  duly  and  regularly 
done  and  performed  as  hereinbefore  provided,  and  the  original  abstract 
mentioned  in  this  section  of  this  act  shall  have  been  filed  in  the  officfi 
of  the  secretary  of  state  as  aforesaid,  thereupon  the  legislative  body  of 
the  one  of  such  municipal  corporations  so  proposed  to  be  consolidated 
having  the  greater  or  greatest  population,  shall  proceed  to  call  a  spe- 
cial election  to  be  held  in  all  the  municipal  corporations  so  proposed  to 
be  consolidated,  for  the  election  of  the  officers  required  by  law  to  be 
elected  in  corporations  of  the  class  to  which  the  consolidated  municipal 
corporation  shall  belong  wiien  such  consolidation  is  completed.  Such 
election  shall  be  held  within  ninety  days  after  the  filing  of  such  original 
abstract  in  the  office  of  the  secretary  of  state,  as  hereinbefore  provided, 
and  shall  be  called  and  conducted  in  all  respects  in  the  manner  pre- 
scribed, or  that  may  hereafter  be  prescribed  by  law  for  municipal  elec- 
tions in  municipal  corporations  of  such  class. 


Act  2383,  §  3  GENERAL  LAWS.  898 

The  returns  of  such  election  shall  be  canvassed  by  the  legislative  body 
calling  the  same  at  its  next  regular  meeting  after  such  election,  in  the 
manner  provided  by  law,  and  upon  the  completion  of  such  canvass  shall 
declare  the  result  thereof,  and  cause  the  same  to  be  entered  upon  its 
minutes.  From  and  after  the  date  of  such  entry,  such  consolidation 
shall  be  deemed  to  be  completed,  and  such  municipal  corporation  shall 
be  deemed  to  be  consolidated  into  a  new  municipal  corporation;  and 
thereupon  such  new  corporation  shall  be  governed  in  the  name  of  and 
under  the  general  law  applicable  to  municipal  corporations  of  the  class 
to  which  such  new  corporation  shall  belong,  with  the  powers  conferred, 
or  that  may  be  hereafter  conferred  upon  municipal  corporations  of  such 
class.  The  officers  elected  at  such  election  shall  be  entitled  immediately 
to  enter  upon  the  duties  of  their  respective  offices,  upon  qualifying  in 
accordance  with  law,  and  shall  hold  said  offices  respectively  only  until 
the  next  general  municipal  election  to  be  held  in  such  municipal  corpora- 
tion, and  until  their  successors  are  elected  and  qualified. 

Titles    to    municipal    property.    Vested    rights.     Ofacers.     Debts.     Ordi- 
nances. 

§  3.  Any  municipal  corporation  created  by  the  consolidntion  of  munici- 
pal corporations  under  the  provisions  of  this  act,  shall  fur  all  purposes 
be  deemed  and  taken  to  be  the  successor  of  the  several  municipal  cor- 
porations so  consolidated  therein;  and  the  title  to  any  yToperty  owned 
or  held  by  any  such  municipal  corporations  or  in  trust  therefor,  or  by 
any  officer  or  board  of  any  such  municipal  corporations,  in  trust  or 
otherwise  for  public  use,  shall,  upon  such  consolidation  being  completed, 
as  hereinbefore  provided,  ipso  facto  be  vested  in  such  new  municipal 
corporation,  or  any  officer  or  board  thereof  which  has  the  power  to 
hold,  or  control  such  property  under  the  freeholders'  clr^.rter,  or  other 
law  under  which  the  greater  or  greatest  in  population  of  the  municipal 
corporations  so  consolidated  was  theretofore  governed. 

That  upon  the  completion  of  such  consolidation,  if  the  greater  or 
greatest  population  of  such  municipal  corporations  so  consolidated  be 
operated  under  a  freeholders'  charter,  all  persons  then  in  possession  or 
occupancy  of  the  several  offices  in  each  of  the  other  municipal  corpora- 
tions so  consolidated,  shall  immediately  quit  and  surrender  the  posses- 
sion of  such  offices,  which  shall  thereupon  cease  and  iletermine,  and 
they  shall  forthwith  deliver  all  moneys,  funds,  books,  papers,  archives, 
and  records  in  their  official  custody,  and  all  other  property  of  such 
municipal  corporations  in  their  hands,  or  under  their  control  to  the 
proper  officers  under  the  freeholders'  charter  of  such  greater  or  greatest 
municipal  corporation;  and  if  the  greater  or  greatest  in  population  of 
such  municipal  corporations  so  consolidated  be  theretofore  organized 
and  existing  under  the  general  municipal  incorporation  laws  of  this 
state,  all  persons  then  in  possession  or  occupancy  of  the  several  offices 
and  in  each  of  the  municipal  corporations  so  consolidated,  shall,  upon 
the  completion  of  such  consolidation,  immediately  upon  the  entry  of  the 
officers  of  the  new  municipal  corporation  created  by  such  consolidation, 
upon  the  duties  of  their  respective  offices  as  hereinbefore  provided,  de- 


897  MUNICIPAL  CORPORATIONS.  Act  2383,  §  4 

liver  all  moneys,  funds,  books,  papers,  archives,  and  records  in  their 
official  custody,  and  all  other  property  of  such  municipal  corporations 
in  their  hands,  or  under  their  control,  to  the  proper  officers  of  such  new 
municipal  corporation. 

That  any  consolidation  of  municipal  corporations  efTeeted  under  the 
provisions  of  this  act  shall  not  affect  any  debts,  demands,  liabilities  or 
obligations  of  any  kind  existing  in  favor  of  or  aga-nst  any  such 
municipal  corporations  so  consolidated,  at  the  time  of  such  consolidation 
or  any  action  or  proceeding  then  pending  in  any  court  in  which  any  such 
debt,  demand,  liability  or  obligation  of  any  kind  may  be  involved,  or 
any  action  or  proceeding  brought  by  or  against  any  such  municipal  cor- 
poration prior  to  such  consolidation;  but  all  such  proceedings  shall  be 
continued  and  concluded,  by  final  judgment  or  otherwise,  in  all  respects 
the  same  as  if  such  consolidation  had  not  been  effected.  All  ordinances 
of  any  municipal  corporations  consolidated  under  the  provisions  of  this 
act,  except  those  of  the  one  having  the  greater  or  grea^-ost  population 
shall  immediately,  upon  such  consolidation  being  effected,  be  deemed  to 
be  repealed  and  of  no  further  force  and  effect;  provided,  however,  that 
such  repeal  shall  not  operate  to  discharge  any  person,  from,  any  liabilityj 
civil  or  criminal,  then  existing,  nor  to  affect  any  prosecution  then  pend- 
ing for  any  violation  of  any  such  ordinances;  and  all  cases  then  pending 
in  any  justices'  court,  police  court  or  court  of  any  recorder,  or  other 
judicial  municipal  magistrate  or  officer  of  any  of  the  municipal  cor- 
porations so  consolidated,  except  of  the  one  having  the  greater  or 
greatest  population  shall,  upon  such  consolidation  being  effected  be 
deemed  ipso  facto  to  be  transferred  to  justices'  court,  police  court  or 
court  of  any  recorder,  or  other  judicial  municipal  magistrate  or  officer 
of  the  one  of  such  municipal  corporations  of  the  greater  or  greatest  popu- 
lation having  jurisdiction  of  proceedings  or  misdemeanors  or  of  other 
actions  civil  or  criminal  of  the  character  so  transferred;  provided  fur- 
ther, that  such  repeal  shall  not  apply  to  ordinances  under  which  vested 
rights  have  accrued,  or  to  ordinances  relating  to  proceed'ngs  for  street 
or  other  public  improvements,  or  to  proceedings  for  opening,  extending, 
widening  or  straightening  streets  or  other  public  places,  or  to  proceed- 
ings for  changing  the  grade  therv^of,  all  of  which  proceedings  shall  be 
continued  and  conducted  by  and  under  the  authority  of  the  new  consoli- 
dated municipal  corporation,  with  the  same  force  and  effect  as  if  con- 
tinued and  conducted  by  and  under  the  authority  of  the  municipal 
corporation  by  which  they  were  commenced.  And  all  ordinances  of  thft 
one  of  the  municipal  corporations  consolidated  under  the  provisions  of 
this  act  having  the  greater  or  greatest  population,  shall,  upon  the  com- 
pletion of  such  consolidation,  ipso  facto  have  full  force  and  effect  in 
and  throughout  the  new  consolidated  municipal  corporation. 

Provision  for  payment  of  debts. 

§4.     That  no  property  in  either  of  the  municipal  corporations  consoli- 
dated under  the  provisions   of   this   act  shall  ever  be  taxed  to   pay  any 
portion  of  any  indebtedness  or  liability  of  any  of  the  other  such  munici- 
pal corporations,  contracted  OS  incurred  prior  to  or  existing  at  the  time 
Gen.  Laws — 57 


Act  2384  GENERAL  LAWS.  898 

of  such  consolidation.  The  legislative  body  of  any  consolidated  municipal 
corporation,  consolidated  under  the  provisions  of  this  act,  shall  provide 
for  the  payment  of  the  indebtedness  or  liability  of  each  of  the  municipal 
corporations  consolidated  therein  and  shall  levy  and  collect  the  neces- 
sary taxes  therefor,  and  for  that  purpose,  and  for  all  other  purposes, 
such  consolidated  municipal  corporation  and  its  officers  shall  be  deemed 
the  successor  and  successors  of  such  municipal  corporations  so  consoli- 
dated and  their  respective  officers. 

Boroughs,  right  to  establish, 

§5.  In  the  event  that  the  greater  or  greatest  in  population  of  any 
municipal  corporations,  consolidated  under  the  provisions  of  this  act, 
shall  be  operating  under  a  freeholders'  charter,  which  charter  shall  at 
any  time  provide  that  a  borough  or  boroughs  may  be  established  in  any 
territory,  or  incorporated  city  or  town,  annexed  to  or  joined  to  such 
municipal  corporation,  such  borough  or  boroughs  to  be  governed  as  in 
such  charter  provided;  nothing  in  this  act  contained  shall  prevent  or 
be  construed  to  prevent  any  other  municipal  corporation,  or  any  portion 
thereof  so  consolidated  with  the  municipal  corporation  so  operating  un- 
der such  freeholders'  charter,  from  becoming  a  borough  under  such  free- 
holders' charter,  to  be   established  and  governed  as  therein  provided. 

Expenses  of  consolidation. 

§6.  All  proper  expenses  of  proceedings  for  the  consolidation  of 
municipal  corporations  under  this  act,  shall,  if  such  consolidation  be 
made  and  completed,  be  paid  by  the  consolidated  municipal  corporation; 
and  if  such  consolidation  be  not  completed,  each  municipal  corporation 
shall  pay  the  expenses  of  calling  and  holding  said  election  within  such 
corporation. 

§  7.  All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereb> 
repealed. 

ACT  2384. 

An  act  authorizing  municipal  corporations,  other  than  freeholder  charter 
cities,  to  change  their  names,  and  providing  the  procedure  there- 
for. 

[Approved  March  3,  1909.     Stats.  1909,  p.  138.] 

§  1.  The  name  of  any  city  or  municipal  corporation  within  this  state, 
except  a  freeholder  charter  city,  may  be  changed  upon  proceedings 
taken  as  in  this  act  provided.  The  council  board  of  trustees  or  other 
legislative  body  of  such  corporation,  shall,  upon  receiving  a  petition 
asking  that  the  name  of  the  city  be  changed,  and  stating  the  name  to 
which  it  is  proposed  to  change  it,  signed  by  not  less  than  fifty  per 
cent  of  the  qualified  electors  thereof,  as  shown  by  the  vote  cast  at  the 
last  municipal  election  held  therein,  submit  to  the  electors  of  such  cor- 
poration the  question  whether  the  name  shall  be  changed  as  proposed 
in  such  petition.  Such  questions  shall  be  submitted  at  a  special  elec- 
tion to  be  held  for  that  purpose,  and  such  legislative  body  shall  give 


89D  MUNICIPAL  CORPORATIOXS.  Act  2385 

notice  thereof  by  publication  at  least  once  a  week  for  a  period  of  four 
weeks,  prior  to  such  election,  in  a  newspaper  printed  and  published  in 
such  corporation. 

Such  notice  shall  distinctly  state  the  proposed  name,  and  the  electors 
shall  be  invited  thereby  to  vote  for  or  against  such  proposed  change  of 
name.  If  upon  canvassing  the  votes  cast  at  such  election  it  is  found 
that  two-thirds  of  the  total  number  of  votes  so  cast  are  in  favor  of  the 
proposed  change  of  name,  the  board  of  trustees  shall  file  a  statement 
of  the  holding  of  such  election  and  the  result  thereof,  with  the  secre- 
tary of  state,  and  also  the  board  of  supervisors  of  the  county  in  which 
the  city  or  municipal  corporation  is  situated,  and  from  thenceforth  and 
thereon  the  name  shall  be  changed  to  that  proposed  at  the  said  elec- 
tion. 

§  2.  If  upon  canvassing  the  votes  cast  at  such  election  it  is  found 
that  two-thirds  of  the  total  number  of  votes  so  cast  are  not  in  favor 
of  such  change  of  name,  no  further  proceedings  shall  be  had  for  a 
term  of  ten  years  thereafter. 

§  3.  In  all  other  respects  not  recited  herein,  the  election  herein  men- 
tioned, shall  be  held  as  provided  by  law  for  holding  municipal  elections 
in  such  municipality. 

§4.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

ACT  2385. 

An  act  approving  leases  heretofore  made  by  counties  or  municipalities 

of   certain   lands   belonging   to    the   state. 

[Approved  March  23,  1907,     Stats.  1907,  p.  987.] 

§  1.  In  all  cases  in  which  any  county  or  municipality  in  the  state 
of  California  has,  prior  to  the  first  day  of  January,  1907,  and  subsequent 
to  the  first  day  of  January,  1901,  leased  to  any  person  or  persons  any 
tide  or  submerged  lands  belonging  to  the  state,  within  the  municipal 
boundaries  of  such  county  or  municipality,  or  within  boundaries  over 
which  it  was  at  the  time  of  any  such  lease,  acting  in  the  exercise  of 
de  facto  authority,  the  exclusive  right  to  the  use  and  possession  of  such 
lands  from  the  date  of  such  lease,  for  the  full  term  thereof,  not  ex- 
ceeding fifty  (50)  years  in  any  case,  is  hereby  confirmed  in  the  lessee 
or  lessees  thereof  and  their  successors  in  interest;  and  priority  in  date 
of  any  such  leases  shall  give  priority  in  right;  provided,  that  nothing 
in  this  act  contained  shall  be  deemed  or  taken  to  confirm  any  such  leases, 
unless  the  property  therein  described  shall  at  all  times  during  the  con- 
tinuance of  such  leases  be  applied  by  the  lessees,  or  their  successors  in 
interest,  to  public  or  quasi-public  uses;  and  provided  further,  that  within 
one  (1)  year  from  the  date  this  act  shall  take  effect  said  lessee  or 
lessees,  or  their  successors  in  interest,  shall  commence  in  good  faith  the 
improvement  of  said  premises  for  the  purposes  aforesaid  and  shall  pros- 
ecute the  same  to  completion  with  reasonable  diligence;   and  provided, 


Acts  2386-2388  GENERAL  LAWS.  600 

further,  that  nothing  herein  contained  shall  be  deemed  to  extend  or 
revive  any  lease  which  by  its  terms  has  expired,  nor  to  apply  to  any 
interest  or  claim  of  interest  other  than  under  a  lease. 

§  2.     This  act  shall  take  effect  and  be  in  force  upon  its  passage. 

ACT  2386. 

An  act  authorizing  any  incorporated  town,  city  or  municipal  corpora- 
tion to  permit  the  construction  and  maintenance  of  any  state  or 
county  highway  or  boulevard  over  highways  or  streets  in  its  in- 
corporated limits,  or  any  portion  thereof,  by  the  supervisors  or 
highway  commissioners  of  the  county. 

[Approved  March  19,  1909.     Stats.  1909,  p.  429.] 

§  1.  Any  incorporated  city,  town  or  municipal  corporation  in  this 
state,  is  hereby  authorized  and  empowered  to  permit  by  ordinance  the 
use  of  its  streets  and  highways  by  the  board  of  supervisors  or  highway 
commissioners  of  the  county,  for  the  purpose  of  constructing  and  main- 
taining thereon  any  highway  or  boulevard  as  part  of  a  state  or  county 
system  of  roads  through  its  incorporated  limits,  or  any  portion  thereof. 

ACT  2387. 

An  act  authorizing  municipal  corporations,  counties,  and  cities  and  coun- 
ties to  acquire  and  hold  lands  by  purchase  or  otherwise,  or  by  lease 
for  a  term  of  years,  for  the  purpose  of  developing  and  encourag- 
ing agricultural,  horticultural,  or  botanical  products  and  exhibiting 
the  same,  or  for  the  purpose  of  erecting,  rebuilding  or  furnishing 
historical   museums   or   art  galleries   thereon. 

[Approved  March  22,  1909.     Stats.  1909,  p.  655.] 

§  1.  Any  municipal  corporation,  county,  or  city  and  county  in  this 
state  is  hereby  authorized  and  empowered  to  acquire  and  hold  by  pur- 
chase or  otherwise,  or  by  lease,  lands  situated  within  the  limits  thereof, 
for  a  term  not  exceeding  fifty  years,  for  the  purpose  of  developing  and 
r'neouraging  agricultural,  horticultural,  or  botanical  products  and  for 
exhibiting  the  same,  or  for  the  purpose  of  erecting,  rebuilding  or  fur- 
nishing historical  museums  or  art  galleries  thereon  under  such  terms 
and  conditions  as  may  be  approved  by  the  city  council,  board  of  trus- 
tees, or  other  legislative  body  of  such  municipal  corporation,  or  by  the 
board  of  supervisors  of  such  county  or  city  and  counly. 

§  2.  All  acts  and  parts  of  acts  in  conflict  with  this  act,  are  hereby 
repealed. 

§  3.     This  act  shall  take  effect  immediately. 

ACT  2388. 

An  act  granting  to  municipal  corporations  of  the  state  of  California, 
rights  of  way  over  public  lands  of  the  state  for  the  location,  con- 
struction  and    maintenance   of   waterworks   and   power   plants;    and 


901  MUNICIPAL  CORPORATIONS.  Act  2388,  §§  1,  2 

the  right  to  take  material  from  such  lands  for  the  construction  of 
such  works  and  to  take  any  waters  belonging  to  the  state  for  the 
purpose  of  supplying  any  such  municipality  and  its  inhabitants  with 
water. 

[Approved  March  20,  1909.     Stats.  1909,  p.  581.] 

Grant  of  rights  of  way  over  state  lands.     Right  to  take  waters. 

§1.  That  there  is  granted  to  every  municipal  corporation  of  the  state 
of  California,  the  right  of  way  for  the  location,  construction  and  main 
tenance  of  waterworks  and  works  for  the  generation  and  distribution 
of  electrical  power,  and  for  every  necessary  adjunct  thereto,  over  any 
swamp,  overflowed,  or  other  public  lands  of  the  state,  not  otherwise 
disposed  of  or  in  use,  not  in  any  case  exceeding  in  length  or  width  that 
which  is  necessary  for  the  construction  of  such  works  or  adjuncts,  or 
for  the  protection  thereof,  and  not,  in  any  case,  exceeding  one  hundred 
feet  in  width  along  each  side  of  the  marginal  limits  of  such  works  or 
adjuncts;  also  the  right  to  take  from  any  of  the  lands  belonging  tc 
the  state  adjacent  to  the  works  of  such  corporation,  all  materials,  such 
as  wood,  stone  and  earth,  naturally  appurtenant  thereto,  which  may  be 
necessary  and  convenient  for  the  original  construction  of  such  works 
and  adjuncts;  and  also  the  right  to  take  any  waters  belonging  to  the 
state,  not  otherwise  disposed  of,  now  or  hereafter  flowing  or  existing 
in  any  stream  or  lake  intersected,  crossed,  or  tapped  by  said  waterworks, 
so  far  as  may  be  necessary  to  give  such  municipality  and  its  inhabitants 
an  ample  supply  of  water  for  all  municipal,  domestic,  irrigation  and 
manufacturing  purposes.  Whenever  any  municipal  corporation  shall  de- 
sire to  take  any  of  the  said  waters  so  belonging  to  the  state,  for  the 
purposes  mentioned  in  this  act,  the  legislative  authority  thereof  shall 
cause  a  notice  that  said  municipal  corporation  intends  to  take  such 
waters,  to  be  posted  and  recorded  in  the  manner  provided  in  sec- 
tion 1415  of  the  Civil  Code  of  California.  Said  notice  shall  be  signed 
in  the  corporate  name  of  such  municipal  corporation  by  its  mayor,  or 
other  officer,  authorized  so  to  do  by  the  legislative  authority  thereof 
In  taking  any  of  said  waters,  under  this  act,  such  municipal  corpora- 
tion shall  comply  with  and  be  subject  to  all  the  provisions  of  title  VIII, 
sections  1410  to  1422,  inclusive,  of  said  Civil  Code;  provided  however, 
that  for  the  purpose  of  the  taking  of  any  of  said  waters  by  such 
municipal  corporation,  under  the  provisions  of  this  act,  the  words  "water- 
works," as  used  herein,  shall  be  construed  to  be  the  works  b}'  which 
such  municipal  corporation  proposes  to  convey  said  waters,  so  taken 
from  such  stream  or  lake,  to  the  place  of  intended  use  and  store  the 
same;  and  provided  further,  that  the  construction  of  said  waterworks 
shall  be  deemed  to  be  included  in,  and  to  be  a  part  of,  the  construc- 
tion of  the  works  in  which  said  municipal  corporation  intends  to  divert 
said  waters,  within  the  meaning  of  section  1416  of  the  said  Civil  Code. 

Change  of  route,  reversion  of  lands. 

§2.  If  the  route  or  location  of  any  such  works  or  adjuncts  is  changed 
so  as  not  to  cover  or  cross  the  lands  selected,  or  the  use  of  the  land 


Act  2389  GENERAL  LAWS.  802 

selected  is  abandoned,   such  selected  lands  revert,  and  the  title   thereto 
is  reinvested  in  the  state  or  its  grantees  free  from  all  such  uses. 

Plat  of  lands  to  be  furnished  certain  officers. 

§  3.  When  any  selection  of  the  right  of  way  or  land  for  such  water- 
works or  adjuncts  thereto  is  made  by  any  municipal  corporation,  the 
legislative  authority  thereof  must  transmit  to  the  surveyor  general,  con- 
troller of  state  and  recorder  of  the  county,  in  which  the  selected  lands 
are  situated,  a  plat  of  the  lands  so  selected,  giving  the  extent  thereof 
and  the  uses  for  which  the  same  is  claimed  or  desired,  duly  verified  to 
be  correct,  and  if  approved,  the  surveyor  general  must  so  indorse  the 
plat  and  issue  to  the  corporation  a  permit  to  use  such  right  of  way 
and  lands,  unless  on  petition  properly  presented  to  a  court  of  competent 
jurisdiction,  a  review  is  had  and  such  use  prohibited. 

§4.     This  act  shall  take  effect  immediately. 

ACT  2389. 

An  act  authorizing  municipal  corporations  to  permit  other  municipal 
corporations  to  construct  and  maintain  sewers,  water-mains,  and 
other  conduits  therein,  also  to  construct  and  maintain  sewers,  water 
mains,  and  other  conduits  for  their  joint  benefit,  and  at  their  joint 
expense,  and  to  make  and  enter  into  contracts  for  said  purposes. 
[Approved  March  22,  1909.     Stats.  1909,  p.  677.] 

§1.  That  any  municipal  corporation,  under  such  terms  and  conditions 
as  may  be  prescribed  by  the  city  council,  or  other  legislative  body 
thereof,  is  hereby  authorized  and  empowered  to  permit  any  other 
municipal  corporation  to  construct  and  maintain  sewers,  water  mains  or 
other  conduits  in,  across,  or  along  the  streets  and  other  public  places 
of  such  municipal  corporation,  and  to  use  the  same  for  such  purposes, 
under  the  provisions  of  this  act,  and  not  otherwise. 

§  2.  Whenever  the  city  council,  or  other  legislative  body  of  any 
municipal  corporation,  shall  find,  and  by  resolution  shall  declare,  that 
the  location  of  such  municipal  corporation,  or  any  portion  of  the  terri- 
tory included  therein,  is  such  that  the  same  cannot  be  adequately  or 
conveniently  provided  with  sewers,  water  mains  or  other  conduits,  with- 
out the  construction  and  maintenance  by  such  municipal  corporations, 
of  certain  sewers,  water  mains,  or  other  conduits  connecting  therewith, 
in,  across,  or  along  certain  streets,  or  other  public  places  of  any  other 
municipal  corporation,  or  corporations,  such  city  council,  or  other  legis- 
lative body,  may  cause  a  copy  of  such  resolution  to  be  submitted  to  the 
council,  or  other  legislative  body  of  such  other  municipal  corporation  or 
corporations  in  which  such  streets  or  other  public  places  are  situated.  Said 
resolution  shall  contain  a  description  of  the  sewers,  water  mains,  or 
other  conduits  proposed  to  be  constructed  and  maintained  in  such  other 
municipal  corporation  or  corporations,  and  shall  designate  the  streets, 
or  other  public  places   thereof,  in,   across  or   along   which   such   sewers, 


903  MUNICIPAL   CORPORATIONS.  Act  2389,  5  3 

water  mains,  or  other  conduits  are  so  proposed  to  be  constructed  and 
maintained.  Said  resolution  shall  be  accompanied  by  a  request  in  writ- 
ing, that  the  municipal  corporation  on  behalf  of  which  the  same  is  made, 
signed  by  the  clerk  thereof,  be  granted  permission  to  construct  and 
maintain  the  sewers,  water  mains  or  other  conduits  described  in  said 
resolution.  The  city  council,  or  other  legislative  body  of  any  municipal 
corporation  receiving  such  request  and  a  copy  of  such  resolution  may 
by  ordinance  grant  such  permission  at  its  discretion,  and  under  such 
terms  and  conditions  as  it  shall  therein  prescribe.  If  the  permission 
granted  under  the  provisions  of  this  section  shall  be  for  the  construc- 
tion and  maintenance  of  sewers,  the  city  council,  or  other  legislative 
body  of  any  municipal  corporation  granting  the  same  may,  as  a  condi- 
tion to  the  exercise  of  such  permission,  require  that  said  municipal 
corporation  shall  have  the  right  to  connect  its  sewers  with  the  sewers 
to  be  constructed  under  such  permission,  and  to  use  the  same  in  con- 
nection with  its  sewer  system,  upon  the  payment  by  it  of  such  propor- 
tionate part  of  the  cost  of  construction  and  maintenance  of  such  sewers 
to  the  municipal  corporation  by  which  the  same  shall  be  constructed, 
as  may  be  determined  by  resolutions  of  the  city  councils,  or  other  legis- 
lative bodies,  of  both  municipal  corporations;  such  payment  to  be  so 
made  at  such  times  and  in  such  amounts  as  may  be  so  determined. 

§  3.  All  contracts  for  the  construction  or  completion  of  any  sewers, 
water  mains  or  other  conduits,  or  for  furnishing  labor  or  materials  there- 
for, to  be  constructed  by  any  municipal  corporation  in,  across  or  along 
the  streets  of  any  other  municipal  corporation  or  corporations,  as  herein 
provided,  shall  be  let  to  the  lowest  responsible  bidder.  The  city  coun- 
cil or  other  legislative  body  of  the  municipal  corporation  so  constructing 
such  sewers,  water  mains  or  other  conduits,  under  permission  granted  as 
in  this  act  provided,  shall  advertise  for  at  least  ten  days  in  one  or 
more  newspapers  published  in  such  municipal  corporation,  inviting  sealed 
proposals  for  furnishing  the  labor  and  materials  for  the  proposed  work 
before  any  contract  shall  be  made  therefor.  The  said  city  council,  or 
other  legislative  body,  shall  require  such  bonds  as  it  may  deem  best, 
from  the  successful  bidder  to  insure  the  faithful  performance  of  the 
contract  work,  and  shall  also  have  the  right  to  reject  any  and  all  bids; 
provided,  however,  that  nothing  herein  contained  shall  be  construed  as 
prohibiting  such  municipal  corporation  itself  from  constructing  or  com- 
pleting such  works,  and  employing  the  labor  necessary  therefor,  without 
such  advertisement  for  proposals  or  letting  of  a  contract;  and  provided, 
further,  that  in  any  municipal  corporation  operating  under  a  freeholders* 
charter,  heretofore  or  hereafter  framed  under  section  8  of  Article  XI  of 
the  constitution,  and  providing  for  a  board  of  public  works,  all  the 
matters  and  things  required  in  this  section  to  be  done  and  performed 
by  the  city  council,  or  other  legislative  body  of  such  municipal  cor- 
poration, shall  be  done  and  performed  by  the  board  of  public  works 
thereof;  and  provided,  further,  that  in  case  such  charter  or  general 
law  under  which  such  municipal  corporation  is  operating  or  existing, 
prescribes   the    manner   of   letting   and    entering   into    contracts   for    the 


Act  2390  GENERAL  LAWS.  904 

furnishing  of  labor,  materials  or  supplies,  for  the  construction  or  com- 
pletion of  public  works  or  improvements,  the  contracts  for  such  sewers, 
water  mains,  or  other  conduits  shall  be  let  and  entered  into  in  con- 
formity with  fcuch  charter  or  general  law. 

§4.  Whenever  the  councils,  or  other  legislative  bodies  of  two  or 
more  municipal  corporations  shall  find,  and  by  resolutions  adopted  by 
them  shall  declare,  that  it  will  be  for  the  interest  or  advantage  of 
such  municipal  corporations  so  to  do,  such  municipal  corporations,  by 
their  respective  city  councils,  or  other  legislative  bodies,  may  enter  into 
a  joint  agreement  authorizing  the  construction  and  maintenance  of 
sewers,  water  mains,  or  other  conduits  situated  in  the  streets  or  other 
public  places  of  either  or  any  of  such  municipal  corporations,  or  in  part 
outside  of  the  limits  thereof,  at  the  joint  cost  and  expense  of,  and  for 
the  joint  use  and  benefit  of  such  municipal  corporations,  upon  such  terms 
and  conditions,  and  under  such  regulations,  as  may  be  approved  by  the 
city  councils  or  other  legislative  bodies  of  all  such  municipal  corpora- 
tions; and  the  city  council  or  other  legislative  body  of  each  such  munici- 
pal corporation  may  bind  and  obligate  such  municipal  corporation  to 
pay  such  proportionate  part  of  the  cost  of  the  construction  and  mainte- 
nance of  such  sewers,  water  mains,  or  other  conduits  at  such  times  and 
in  such  installments  as  may  be  so  approved.  All  contracts  for  the  con- 
struction of  sewers,  water  mains  or  other  conduits,  under  the  provisions 
of  this  section  shall  be  made  and  entered  into  by  the  one  of  such 
municipal  corporation  designated  by  the  city  councils  or  other  legislative 
bodies  of  all  such  municipal  corporations,  and  in  the  manner  provided 
in  section  3  of  this  act.  Two  or  more  municipal  corporations  may  also, 
by  their  city  councils,  or  other  legislative  bodies,  enter  into  an  agree- 
ment or  agreements  with  each  other  for  the  joint  use  by  such  municipal 
corporations  of  any  sewers,  water  mains,  or  other  conduits  theretofore, 
in  whole  or  in  part,  constructed  in  the  streets  or  other  public  places  of 
either  or  any  such  municipal  corporations,  upon  such  terms  and  condi- 
tions as  they  may,  by  mutual  agreement  made  by  their  respective  city 
councils,  or  other  legislative  bodies,  determine  to  be  proper. 

§  5.     This  act  shall  take  effect  immediately. 

TITLE  334. 
MUNICIPAL  WATER  DISTRICTS. 
ACT  2390. 

An  act  to  provide  for  the  incorporation,  organization   and  management 

of    municipal   water    districts. 

[Approved  April  26,  1909.     Stats.  1909,  p.  1097.] 

Municipal  water  district. 

§  1.  A  municipal  water  district  may  be  organized,  and  incorporated 
and  managed  as  herein  provided  and  may  exercise  the  powers  herein 
expressly  granted  or  necessarily  implied. 


905  MUNICIPAL   WATER  DISTKICTS.  Act  2390,  §§  2-7 

Ordinance,  what  must  recite. 

§2.  When  any  municipality  in  the  state  of  California  desires  to  or- 
ganize sncli  a  municipal  water  district,  as  herein  provided  for,  tlie  legis- 
lative body  of  anj^  municipal  corporation,  at  any  regular  meeting  of 
such  body,  may  pass  an  ordinance  reciting: 

1.  The  name  of  the  city  adopting  the  ordinance; 

2.  That  the  public  interest  requires  the  incorporation  of  a  municipal 
water  district; 

3.  The  names  of  the  municipalities  which  it  is  desired  to  include  within 
the  district; 

4.  The  name  of  the  district  which  shall  include  the  words  "municipal 
water  district." 

Copy  to  other  municipalities. 

§3.  Within  ten  days  after  such  ordinance  becomes  a  law  the  clerk 
of  the  said  legislative  body  adopting  the  same  shall  transmit  by  regis- 
tered mail  a  certified  copy  thereof  to  the  legislative  body,  or  bodies,  of 
the  other  municipalities  named  therein,  addressed  to  the  clerk  thereof. 

Approval  "by  other  municipalities. 

§  4.  Within  forty  days  after  the  receipt  of  such  certified  copy  of 
such  ordinance  by  any  municipality  named  therein  the  legislative  body 
thereof  shall  by  ordinance  either  approve  or  disapprove  the  said  ordi- 
nance without  alteration  or  amendment;  a  failure  on  the  part  of  any 
municipality  to  act  as  herein  provided  shall  be  deemed  a  refusal  to 
approve  of  such  ordinance. 

Copy  to  initiating  municipality. 

§5.  After  the  passage  of  said  ordinance  required  to  be  passed  by 
section  4  hereof  the  clerk  of  the  municipality  acting  thereon  shall  forth- 
with forward  a  certified  copy  of  such  ordinance  to  the  municipality 
initiating  the  proceedings. 

Fixing  time  for  election. 

§  6.  Within  thirty  days  after  the  receipt  of  all  the  ordinances  passed 
by  the  municipalities  named  in  the  initiatory  ordinance,  if  it  shall  ap- 
pear that  said  initiatory  ordinance  has  been  approved  by  all  of  the 
municipalities  named  therein,  the  legislative  body  of  the  municipality 
initiating  the  proceeding  shall  fix  a  day  for  holding  a  special  election 
in  each  of  the  municipalities  that  have  approved  of  said  ordinance  at 
which  shall  be  submitted  to  the  electors  thereof  the  proposition  of  or- 
ganizing such  municipal  water  district,  and  shall  also  provide  for  hold- 
ing a  similar  election  within  its  own  municipality;  in  case  the  initiatory 
ordinance  has  not  been  approved  by  all  of  the  municipalities  named 
therein  no  further  proceedings  shall  be  had,  but  new  proceedings  may 
be  taken  as  provided  in  section  2. 

Conduct  of  election.     Ballots.     Returns. 

§7.  The  date  fixed  for  such  special  election  shall  be  certified  to  all 
of  the  municipalities  which  may  have  adopted  the  ordinance  herein  pro- 


Act  2390,  §§  8-H  GENERAL  LAWS.  80G 

vicled  for  and  the  legislative  body,  or  bodies,  of  such  municipalities 
which  shall  have  approved  said  ordinance  shall  call  and  provide  for 
the  holding  of  a  special  election  in  their  respective  municipalities  on  the 
day  so  fixed,  and  such  election  shall  be  held  and  conducted  in  manner 
and  form  as  required  by  law  for  the  holding  of  special  elections  within 
such  municipalities,  and  the  cost  in  each  municipality  of  holding  such 
election  shall  be  paid  by  the  municipality  within  which  it  is  held.  The 
ballots  used  at  such  election  shall  contain  the  words:  "Proposition  to 
organize  a  municipal  water  district  (stating  the  name),"  and  the  words 
"Yes"  and  "No,"  so  placed  that  a  voter  may  indicate  his  wish  in  this 
connection  as  either  in  favor  of,  or  against  said  proposition;  such  bal- 
lots shall  be  counted  and  returns  thereof  made  by  the  boards  selected 
to  conduct  such  election  in  time,  form  and  manner  as  required  by  law 
for  the  holding  of  special  elections  within  municipalities  and  shall  be 
canvassed  and  the  result  thereof  declared  and  determined  by  the  board 
or  officers  charged  with  such  duties  within  the  municipality  holding 
the  election. 

Certificate  of  result. 

§  8.  Within  ten  days  after  the  canvass  of  the  votes  cast  at  such  elec- 
tion, the  board  or  otficers  canvassing  the  same  shall  certify  the  result 
thereof  to  the  legislative  body  of  the  municipality  initiating  the  pro- 
ceedings. 

Certificate  to  secretary  of  state. 

§  9.  Within  thirty  days  after  the  receipt  of  the  certificates  showing 
the  result  of  the  election  held  in  the  several  municipalities,  if  it  appears 
therefrom  that  the  proposition  submitted  has  been  approved  by  a  ma- 
jority of  the  votes  cast  on  said  proposition  in  each  municipality  wherein 
such  election  is  held,  the  legislative  body  of  the  municipality  receiving 
such  certificates  shall  certify  to  the  secretary  of  state  the  passage  of 
the  ordinance  provided  for  in  section  2,  its  subsequent  approval  by  the 
several  municipalities  approving  the  same  in  manner  aforesaid  and  the 
result  of  the  elections  held  as  herein  provided. 

Certificate  by  secretary  of  state. 

§  10,  Upon  the  receipt  of  the  certificate  mentioned  in  the  foregoing 
section,  the  secretary  of  state  shall,  within  ten  days,  issue  his  certificate 
reciting  that  the  municipal  water  district  (naming  it)  has  been  duly 
incorporated  according  to   the  laws  of  the  state  of  California  and  that 

such  district  is  composed  of  the  municipalities  of  (naming  all 

the  municipalities  which  have  approved  at  the  election  such  organiza- 
tion). A  copy  of  such  certificate  shall  be  transmitted  to  each  of  the 
municipalities  comprising  such  district.  From  and  after  the  date  of 
such  certificate  the  district  named  therein  shall  be  deemed  incorporated 
as  a  municipal  water  district  with  all  the  rights,  privileges  and  powers 
set  forth  in   this  act  and  necessarily  incident   thereto. 

Infonnality  of  proceedings. 

§  11.  No  informality  in  any  proceeding  or  informality  in  the  conduct 
of  any  election,  not  substantially  affecting  adversely  the  legal  rights  of 


907  MUNICIPAL  WATER  DISTRICTS.  Act  2390,  §§  12,  13 

any  citizen,  shall  be  held  to  invalidate  the  incorporation  of  any  municipal 
water  district,  and  any  proceeding  wherein  the  validity  of  such  incor- 
poration is  denied  shall  be  commenced  within  three  months  from  the 
date  of  the  certificate  of  incorporation,  otherwise  said  incorporation  and 
the  legal  existence  of  said  municipal  water  district  and  all  proceedings 
in  respect  thereto  shall  be  held  to  be  valid  and  in  every  respect  legal 
and  incontestable. 

Power  of  water  district, 

§  12.  Any  municipal  water  district  incorporated  as  herein  provided 
shall  have  power: 

1.  To  have  perpetiial  succession; 

2.  To  sue  and  be  sued,  except  as  otherwise  provided  herein  or  by  law, 
in  all  actions  and  proceedings  in  all  courts  and  tribunals  of  competent 
jurisdiction; 

3.  To  adopt  ai  seal  and  alter  it  at  pleasure; 

4.  To  take  by  grant,  purchase,  gift,  devise  or  lease,  hold,  use,  enjoy, 
and  to  lease  or  dispose  of  real  and  personal  property  of  every  kind 
within  or  without  the  district,  necessary  to  the  full  exercise  of  its 
powers; 

5.  To  acquire,  or  contract  to  acquire,  lands,  rights  and  privileges,  and 
construct,  maintain  and  operate  conduits,  pipe  lines,  reservoirs,  works, 
machinery  and  other  property  useful  or  necessary  to  store,  convey,  sup- 
ply or  otherwise  make  use  of  water  for  the  benefit  of  the  district; 

6.  To  sell  water  under  the  control  of  the  district  to  the  municipalities 
comprising  the  same  without  preference  to  such  municipalities;  and  *t 
may,  whenever  there  is  a  surplus  above  that  which  may  be  required  by 
such  municipalities,  sell,  or  otherwise  dispose  of  such  surplus  outside  of 
the  district  to  persons,  firms,  public  or  private  corporations; 

7.  To  have  and  exercise  the  right  of  eminent  domain  and  in  the  man- 
ner provided  by  law  for  the  condemnation  of  private  property  for  public 
use,  to  take  any  property  necessary  to  supply  the  district  or  any  por- 
tion thereof  with  water,  whether  such  property  be  already  devoted  to 
the  same  use  or  otherwise,  and  may  condemn  any  existing  waterworks 
or  system,  or  any  portion  thereof  owned  by  any  person  or  corporation. 
In  proceedings  relative  to  the  exercise  of  such  right,  the  district  shall 
have  the  same  rights,  powers  and  privileges  as  a  municipal  corpora- 
tion; 

8.  To  borrow  money  and  incur  indebtedness  and  to  issue  bonds  or 
other  evidences  of  such  indebtedness;  also  to  refund  or  retire  any  in- 
debtedness or  lien  that  may  exist  against  the  district  or  property 
thereof; 

9.  To  cause  taxes  to  be  levied  for  the  purpose  of  paying  any  obliga- 
tion of  the  district; 

10.  To  make  contracts,  to  employ  labor  and  do  all  acts  necessary  for 
the  full  exercise  of  the  foregoing  powers. 

Board  of  directors. 

§  13.  The  powers  herein  enumerated  shall,  except  as  herein  other- 
wise provided,  be  exercised  by  a  board  to  be  known  as  the  board  of 


Act  2390,  §§  14-17  GENERAL  LAWS.  908 

directors  of   the   named   municipal   water   district.     Such  board   shall   be 
composed  as  follows: 

1.  The  mayor,  or  president  of  the  board  of  trustees  of  each  municipal- 
ity comprising  the  district  shall  be,  ex-offieio,  a  member  of  said  board. 

2.  Each  municipality  having  five  thousand  legal  and  registered  voters 
shall  choose  by  and  from  the  members  of  its  legislative  body  one  addi- 
tional director  and  each  municipality  for  each  and  every  ten  thousand 
legal  and  registered  voters  over  five  thousand  shall  choose  by  and  from 
the  members  of  its  legislative  body  one  additional  director,  all  of  whom 
shall  serve  during  the  pleasure  of  the  body  making  the  appointment; 
provided,  that  if  such  members  do  not  desire  to  serve  as  such  directors, 
said  legislative  body  may  choose  any  other  person  who  is  an  elector  and 
resident  of  such  municipality.  The  number  of  legal  and  registered 
voters  in  each  municipality  on  the  first  day  of  November,  1908,  and 
every  four  years  thereafter  shall  be  taken  as  the  basis  for  determining 
the  representation  of  such  municipality  in  the  board  of  directors. 

Meeting  of  "board  of  directors. 

§  14.  The  legislative  body  of  the  municipality  initiating  the  pro- 
ceedings for  incorporating  the  district  shall  fix  a  time  and  place  for  the 
first  meeting  of  the  board  of  directors,  which  shall  be  within  thirty 
days  from  the  date  of  the  incorporation  of  the  district. 

Commissioners. 

§  15.  At  such  meeting  of  the  directors  or  at  such  time  to  which  the 
proceedings  may  be  continued,  the  board  of  directors  shall  choose  three 
commissioners  who  shall  constitute  the  commissioners  of  the  named  water 
district,  but  no  director  shall  be  eligible  to  appointment  to  such  com- 
mission. The  said  commissioners  shall  have  the  power  to  make  and 
enter  into  all  contracts,  appoint  a  secretary,  who  may  be  a  member  of 
the  commission,  and  such  other  assistants  and  employees  as  may  be 
necessary  for  the  exercise  of  the  powers  of  the  district,  to  fix  their 
compensation,  prescribe  their  duties  and  remove  any  appointee  at  pleas- 
ure, and  to  generally  manage  its  affairs,  subject  to  such  restrictions  as 
the  board  of  directors  may  impose.  The  commissioners  shall  receive 
such  compensation  as  the  board  of  directors  shall  determine  and  shall 
serve  during  its  pleasure. 

Directors,  organization  and  per  diem. 

§  16.  The  board  of  directors  shall  elect  one  of  its  number  president, 
adopt  rules  of  procedure  and  fix  a  time  and  place  for  holding  regular 
meetings.  The  secretary  of  the  commission  shall  act  as  secretary  of 
the  board  of  directors.  The  directors  shall  receive  for  each  day's  at- 
tendance at  the  meetings  of  the  board  their  necessary  expenses  of 
attending  the  meeting  and  shall  receive  no  other  compensation. 

Commissioners,  organization.    Funds  of  district. 

§  17.  The  commissioners  shall  elect  one  of  its  members  president,  who 
shall  sign  all  contracts  on  behalf  of  the  district  and  perform  such  other 
duties  as  may  be  imposed  by  the  commissioners  or  the  board  of  direc- 


y09  MUNICIPAL  WATER  DISTRICTS.  Act  2390,  §§  18,  19 

tors.  They  shall  appoint  an  auditor,  who  shall  not  be  a  member  of  the 
board  of  directors,  and  who  shall  be  charged  with  the  duty  of  installing 
and  maintaining  a  system  of  auditing  and  accounting  that  shall  com- 
pletely and  at  all  times  show  the  financial  condition  of  the  district.  He 
shall  draw  warrants  to  pay  demands  made  against  the  district  when 
such  demands  have  been  first  approved  by  at  least  two  of  the  commis- 
sioners. The  commissioners  shall  also  designate  a  depositary  or  de- 
positaries to  have  the  custody  of  the  funds  of  the  district,  all  of  which 
depositaries  shall  give  security  sufficient  to  secure  the  district  against 
possible  loss,  and  who  shall  pay  the  warrants  drawn  by  the  auditor  for 
demands  against  the  district  under  such  rules  as  the  directors  may  pre- 
scribe. 

Bonded  indebtedness. 

§  18.  Whenever  the  board  of  directors  deem  it  necessary  for  the  dis- 
trict to  incur  a  bonded  indebtedness  it  shall,  by  resolution,  so  declare 
and  state  the  purpose  for  which  the  proposed  debt  is  to  be  incurred  and 
the  amount  thereof,  and  shall  direct  the  commisioners  to  take,  or  cause 
to  be  taken,  such  proceedings  as  may  be  necessary  to  incur  such  debt 
and  in  the  manner  herein  provided. 

Duty  of  commisioners    Fix  date  of  election.     Notice  of. 

§  19.  The  commissioners  shall  adopt  a  resolution  reciting  the  adop- 
tion of  the  resolution  mentioned  in  the  foregoing  section,  state  the  prop- 
osition to  be  submitted  to  the  electors,  the  amount  of  debt  proposed  to 
be  incurred,  the  maximum  term  the  bonds  proposed  to  be  issued  shall 
run  before  maturity,  which  shall  not  exceed  forty  years,  and  the  maxi- 
mum rate  of  interest  to  be  paid,  which  shall  not  exceed  five  per  cent 
per  annum. 

They  shall  fix  a  date  upon  which  an  election  shall  be  held  for  the 
purpose  of  authorizing  said  bonded  indebtedness  to  be  incurred,  and 
shall  transmit  a  certified  copy  of  the  resolution  fixing  such  date  to  the 
officers  or  board  having  charge  of  the  conduct  of  elections  of  each 
municipality  comprising  the  district.  It  shall  be  the  duty  of  such  board 
or  officers  in  each  municipality  to  provide  for  holding  such  special  elec- 
tion on  the  day  so  fixed  and  in  the  manner  and  form  as  special  elections 
are  held  and  conducted  within  the  municipalit3\ 

Such  board  or  officers  shall  give  notice  of  the  holding  of  such  election, 
which  notice  shall  contain  the  resolution  adopted  by  the  commissioners 
of  the  water  district,  the  location  of  polling  places  and  the  names  of 
the  officers  selected  to  conduct  the  election,  which  shall  consist  of  one 
judge,  one  inspector  and  two  clerks.  Such  notice  shall  be  published 
for  two  weeks  in  a  newspaper  published  in  each  municipality,  which 
paper  shall  be  designated  by  the  commissioners  of  the  water  district, 
or  if  there  is  no  newspaper  printed  in  any  municipality,  then  b}'  post- 
ing such  notice  in  three  public  places  therein.  All  the  expenses  of 
holding  such  election  shall  be  borne  by  the  district  and  shall  be  paid 
or  credited  to  each  city  upon  the  filing  of  a  verified  claim  therefor  with 
the  secretary  of  the  commission.     The  returns  of  such  election  shall  be 


Act  2390,  §§  20-23  GENERAL  LAWS.  910 

made,  the  votes  canvassed  and  the  results  thereof  ascertained  and  de- 
clared as  in  case  of  other  special  elections  within  such  municipalities. 
The  board,  or  officers,  declaring  the  results  of  such  election  shall  certify 
such  result  to  the  commissioners  of  the  water  district.  No  irregulari- 
ties or  informalities  in  conducting  such  election  shall  invalidate  the 
same,  if  the  election  shall  have  otherwise  been  fairly  conducted.  In 
all  respects  not  otherwise  provided  for  herein  said  election  shall  be 
called,  managed  and  directed  as  is  by  law  provided  for  special  elec- 
tions in  the  municipality  in  which  such  election  is  to  be  held. 

Form  of  bonds. 

§  20.  If  from  such  returns  it  appears  that  more  than  two-thirds  of 
the  votes  cast  at  such  election  were  in  favor  of  and  assented  to  the 
incurring  of  such  indebtedness,  then  the  commissioners  may,  by  resolu- 
tion, at  such  time  or  times  as  they  may  deem  proper,  provide  for  the 
form  of  such  bonds  and  for  the  issuance  of  any  part  thereof,  as  may 
sell  or  dispose  of  the  bonds  so  issued  at  such  times  or  in  such  manner 
as  they  may  deem  to  be  to  the  public  interest. 

Status  of  bonds. 

§21.  Any  bonds  issued  by  any  district  are  hereby  given  the  same 
force,  value  and  use  as  bonds  issued  by  any  municipality  and  shall  be 
exempt  from  all  taxation  within  the  state  of  California. 

Power  to  construct  works. 

§  22.  The  commissioners  shall  have  power  to  construct  works  across 
any  stream  of  water,  watercourse,  street,  avenue,  highway,  railway, 
canal,  ditch,  or  flume  which  the  route  of  said  works  may  intersect  or 
cross,  provided  such  works  are  constructed  in  such  manner  as  to  afford 
security  for  life  and  property,  and  said  commissioners  shall  restore  the 
crossings  and  intersections  to  their  former  state  as  near  as  may  be,  or 
in  a  manner  not  to  have  impaired  unnecessarily  their  usefulness.  Every 
company  whose  right  of  way  shall  be  intersected  or  crossed  by  said 
works  shall  unite  with  said  commissioners  in  forming  said  intersections 
and  crossings  and  grant  the  rights  therefor.  The  right  of  way  is  hereby 
given,  dedicated  and  set  apart  to  locate,  construct  and  maintain  said 
works  over  and  through  any  of  the  lands  which  are  now  or  may  be  the 
property  of  this  state  and  to  have  the  same  rights  and  privileges  apper- 
taining thereto  as  have  been  or  may  be  granted  to  the  municipalities 
within  the  state. 

Control  of  distributing  systems. 

§  23.  The  commissioners  shall  have  no  supervision  or  control  of  any 
of  the  distributing  systems  of  the  several  municipalities,  but  the  dis- 
tribution of  water  in  said  municipalities,  the  fixing  of  rates  and  collect- 
ing of  charges  therefor  shall  be  under  the  exclusive  supervision  and 
control  of  each  such  municipality,  and  the  control  of  the  district  shall 
end  with  the  delivery  of  water  to  the  several  municipalities  at  the  point 
of  delivery  by  said  district  j   provided,  that  until  a  municipality  shall 


911  MUNICIPAL  WATER  DISTRICTS.  Act  2390.  §§  24-27 

acquire  a  distributing  system  the  district  may  own  and  lease  the  same 
to  the  municipality  ui^on  such  terms  as  may  be  mutually  agreed  upon. 

Estimate  of  cost  of  organization. 

§24.  Immediately  after  the  organization  of  the  board  an  estimate 
may  be  prepared  of  the  probable  amount  of  water  that  will  be  used  by 
the  several  municipalities  comprising  said  district  which  estimate  shall 
be  based  upon  the  population  of  said  municipalities,  and  thereafter  the 
board  may,  in  lieu  of  the  other  methods  of  procuring  funds  herein  pro- 
vided, notify  the  several  municipalities  of  the  estimated  probable  cost 
of  the  organization  and  conduct  of  such  district,  exclusive  of  the  pur- 
chase of  lands  and  the  construction  of  works,  canals  and  reservoirs,  and 
the  proportionate  amount  payable  from  each  of  such  cities,  whereupon 
each  of  such  municipalities  shall  be  required  to  contribute  to  said  dis- 
trict its  proportionate  amount  of  the  cost  of  organization  of  said  dis- 
trict, provided  that  the  sums  so  paid  by  each  of  such  municipalities 
shall  be  credited  to  the  municipality  making  the  payment  and  tlie  same 
deducted  from  the  charge  for  water  first  delivered  to  said  municipality 
as  herein  provided. 

Water  rates. 

§  25.  The  commissioners,  in  the  furnishing  of  water  to  any  municipal- 
ity, shall  fix  such  rate  as  wall  pay  the  operating  expenses  of  the  district, 
provide  for  repairs  and  depreciation  of  works  owned  or  operated  by 
it,  pay  the  interest  on  any  bonded  debt,  and,  so  far  as  possible,  provide 
a  sinking  or  other  fund  for  the  payment  of  the  principal  of  such  debt 
as  it  may  become  due;  it  being  the  intention  of  this  section  to  require 
the  district  to  pay  the  interest  and  principal  of  its  bonded  debt  from 
the   revenues   of   the    district. 

Tax  to  cover  bonded  debt. 

§26.  If,  from  any  cause,  the  revenues  of  the  district  shall  be  inade- 
quate to  pay  the  principal  or  interest  on  any  bonded  debt  as  it  be- 
comes due,  then  the  board  of  directors  may  cause  a  tax  to  be  levied  for 
that  purpose  as  herein  provided. 


Tax  rate  to  be 

§  27.  That  board  of  directors  shall  require  a  report  from  the  several 
municipalities  forming  the  district,  showing  the  amount  of  the  assess- 
ment-roll of  each  such  municipality  for  the  current  fiscal  year.  The 
board  of  directors  shall  determine  the  amount  necessary  to  be  raised 
by  taxation,  and  shall  apportion  such  amount  among  the  several  munici- 
palities constituting  the  district  according  to  the  ratio  which  the  value 
of  all  property  assessed  in  each  municipality  bears  to  the  total  value  of 
all  property  assessed  in  all  such  municipalities  and  shall  fix  a  rate  of  tax 
to  be  levied  which  will  raise  the  amount  of  money  required  by  the 
district.  The  commissioners  shall  thereupon,  and  within  a  reasonable 
time  previous  to  the  time  when  such  municipality  is  required  by  law 
governing   such   municipality  to   fix  its  tax   rate,   certify   to   the   taxing 


Act  2390,  §§  28,  29  GENERAL  LAWS.  912 

body  of  each  municipality  the  rate  so  fixed  with  a  direction  that  at 
the  time  and  in  the  manner  required  by  law  for  the  levying  of  taxes  for 
municipal  purposes,  such  municipality  shall  levy  and  collect  a  tax,  in 
addition  to  such  other  tax  as  may  be  levied  by  such  municipality,  at 
the  I  ate  so  fixed  and  determined,  and  it  is  made  the  duty  of  the  officer 
or  body  having  authority  to  levy  taxes  within  such  municipalities  to 
levy  the  tax  so  required.  And  it  shall  be  the  duty  of  all  municipal 
officers  charged  with  the  duty  of  collecting  taxes,  to  collect  such  tax  in 
time,  form  and  manner  as  municipal  taxes  are  collected  and  when  col- 
lected, to  pay  the  same  to  the  district  ordering  its  levy  and  collection. 
Such  tax  shall  be  a  lien  on  all  property  within  the  municipalities  com- 
prising the  district  and  of  the  same  force  and  effect  as  other  liens  for 
taxes,  and  its  collection  may  be  enforced  by  the  same  means  as  pro- 
vided for  the  enforcement  of  liens  for  state  and  municipal  taxes. 

Exclusion  of  municipality. 

§  28.  Any  municipality  which  may  have  become  a  part  of  said  water 
district,  as  hereinbefore  provided,  may  be  excluded  therefrom  upon  re- 
quest of  a  majority  of  the  electors  of  said  municipality  expressed  in  a 
special  election  called  for  that  purpose  by  the  legislative  body  of  said 
municipality  in  accordance  with  the  provisions  herein,  so  far  as  the 
same  are  applicable  for  the  holding  of  special  elections;  provided,  that 
if  any  objection  is  made  to  said  exclusion  by  an  ordinance  of  the  legis- 
lative body  of  any  of  the  other  municipalities  comprising  said  district, 
which  said  ordinance  if  it  is  passed  must  be  passed  within  ten  days 
after  receiving  from  the  legislative  body  of  the  municipality  proposing 
to  withdraw  from  the  water  district  a  certified  copy  of  resolution  or 
ordinance  of  intention  to  withdraw,  then  the  commissioners  of  said  dis- 
trict shall  call  a  special  election,  as  hereinbefore  provided,  for  the  pur- 
pose of  submitting  to  the  electors  of  the  various  municipalities  the 
question  whether  said  municipality  may  be  excluded  from  said  district. 
The  commissioners  shall  ascertain  the  result  of  said  election  as  certified 
by  the  proper  officer  or  body  of  each  of  the  municipalities  comprising 
said  district  and  voting  thereat,  and  if  a  majority  of  all  votes  cast  in 
the  district  shall  be  in  favor  of  the  exclusion  of  said  municipality  they 
shall  certify  the  same  and  enter  the  result  upon  the  minutes  of  the 
commissioners  and  from  and  after  the  date  of  such  entry  such  municipal- 
ity shall  be  excluded  from  the  district,  but  such  exclusion  shall  not 
operate  to  release  it  from  any  liability  for  the  payment  of  any  bonded 
debt  incurred  while  it  was  a  part  of  such  district. 

Inclusion  of  municipality. 

§  29.  Whenever  a  petition  is  presented  to  the  commissioners  from  any 
municipality  asking  that  said  municipality  be  made  a  part  of  said  dis- 
trict and  become  subject  to  the  privileges  and  provisions  of  this  act, 
said  commissioners  may,  in  their  discretion,  pass  a  resolution  authorizing 
the  inclusion  of  said  municipality,  notice  of  which  shall  be  mailed  to 
the  proper  officer  of  each  of  the  municipalities  included  in  the  district 
and   if   no   objection   is   made   thereto   by   the  legislative    body   of   any 


dl3  NAPA  CITY.  Acts  2391-2393a 

municipality  then  comprising  said  district  witbin  thirty  days  after  the 
receipt  of  such  notice  then  the  legislative  body  of  said  municipality  so 
petitioning  to  be  included  in  said  district  shall  call  a  special  election 
as  provided  herein  for  the  purpose  of  submitting  to  the  electors  of  said 
municipality  the  question  whether  or  not  said  municipality  shall  join 
and  become  a  part  of  said  district.  If  a  majority  of  the  votes  cast  at 
the  election  shall  be  in  favor  of  the  municipality  joining  and  becoming 
a  part  of  said  district  the  same  shall  be  certified  to  the  commissioners 
of  the  district,  who  in  turn  shall  certify  the  same  to  the  secretary  of 
state  and  thereafter  said  municipality  shall  be  a  part  of  said  district 
and  entitled  to  all  the  privileges  and  subject  to  all  the  obligations  of 
this  act. 

Meaning  of  certain  words. 

§  30.  Nothing  in  this  act  shall  be  construed  as  repealing  or  in  any 
wise  modifying  the  provisions  of  any  other  act  relating  to  water  or  the 
supply  of  water  to,  or  the  acquisition  thereof  by  municipalities  within 
this  state.  The  term  "municipality"  as  used  in  this  act  shall  include  a 
consolidated  city  and  county,  city  or  town,  and  the  word  "district" 
shall  apply,  unless  otherwise  expressed  or  used,  to  a  water  district 
formed  under  the  provisions  of  this  act,  and  the  word  "board"  and  the 
words  "board  of  directors"  shall  apply  to  the  board  of  directors  of  such 
district,  and  the  word  "commissioners"  shall  apply  to  the  commissioners 
of  such  water  district,  and  the  commissioners  shall  be  regarded  as  a 
board  of  commissioners. 

§  31.  This  act  shall  take  effect  from  and  after  its  passage  and  ap' 
proval. 

TITLE  335. 
NAPA  CITY. 
ACT  2391 

Act  to  incorporate.     [Stats.   1871-72,  p.   542.] 
Reincorporating  under   statute   of   1873-74,   p.    140,   which   must   operate   as  F 
repeal  of   the  earlier  statute. 

ACT  23S2. 

Reincorporating.     [Stats.   1873-74,  p.  140.] 
Amended   1875-76,  p.   550;    1877-78,  p.   1011.      Superseded  by   charter,    1893r 
p.   641. 

ACT  2393. 

Water  supply  for.     [Stats.  1875-76,  p.  595.] 
Superseded  by  charter,  1893,  p.  641. 

ACT  2393a 

Charter  of  Napa.     [Stats.   1893,  p.   641.] 

Amended  1903,  p.  689. 

Citations.      App.  8/53. 

Gen.  Laws — 58 


Acts  2394-2403  GENERAL  LAWS.  614 

TITLE  336. 
NAPA  COUNTY. 
ACT  2394. 

Legalizing  certain  notarial  acknowledgments.     [Stats.   1875-76,  p.   572. ]l 
This  act  legalized  acknowledgments  taken  by  one  N.  M.  Bonham. 

ACT  2395. 

In  reference  to   county  assessor.     [Stats.   1871-72,  p.  437.] 
Superseded  by  County  Government  Act,   1897,  p.  532,    §  180. 

ACT  2396. 

Providing  for  the  building  and  furnishing  of  a  courthouse   and  jail  in. 

[Stats.   1877-78,  p.   569.1 
ACT  2397. 

Act  defining  northern  boundary  of.     [Stats.   1871-72,  p.  305.] 
ACT  2398. 

Dispensing  with  copies  of  great  register  in  certain  elections  in.     [Stats. 
1873-74,  p.  515.] 
"Repealed  by  Political   Code,    §§  1094-1097   and   1115,    1116,   as  amended  in 
1899." — Code  Commissioners'  Note. 

ACT  2399. 

Estrays  in.     [Stats.  1871-72,  p.  434.] 
Repealed  1873-74,  p.  705. 

ACT  2400. 

Applying  provisions   of  act  of   1873-74,  p.   50,   to.     [Stats.    1873-74,  p. 
705.] 
Repealed  1897,  p.  198. 

This   act   made   the   act  relating   to   the   trespassing   of   animals   applicable   to 
Napa  County. 

ACT  2401. 

Supervisors  to  transfer  a  certain  fund.     [Stats.  1877-78,  p.  550.] 
Superseded  by  subd.    18,    §  25,   County   Government   Act,    1897,   p.   463. 
This    act    authorized   the    transfer   of    the    swamp    laud   fund   into    the   general 
fund. 

ACT  2402. 

Salaries  and  compensation  of  certain   officers.     [Stats.  1873-74,  p.   392.] 
Amended    1877—78,    p.    551.     Repealed    by    County    Government    Acts,    1897, 
p.  532,   §  180, 

ACT  2403. 

Concerning  persons  under  sentence  of  imprisonment  in  jail  of.     [Stats. 
1871-72,  p.  791.] 
Superseded  by  subd.  29,  §  25,  County  Government  Act,  1897,  p.  465. 


915  NAPA  LADIES   SEMINARY— NATIONAL  GUARD.     Acts  2404-2424 

This    act    authorized    the    supervisors   to   put   the   prisoners   to    work   upon   the 
public  works. 

ACT  2i04. 

To    provide    for    the    transcribing    and    transferring    certain    records    in 

Sonoma  and  Solano  counties  to  the  county  of  Napa.     [Stats.   1858, 

p.  65.] 

ACT  2405. 

Transcribing  records  of.     [Stats.  1863-64,  p.  500.] 
This    was    an    act    for    the    betler    preservation    of    certain    records    in    Napa 
County. 

ACT  2406. 

To  provide  for  the  establishment  and  maintenance  of  roads  in.     [Stats. 
1877-78,  p.  1024.] 
Repealed  1883,  p.  5,  c.  X,  §  2. 

ACT  2407. 

Board  of  supervisors,  reorganizing.     [Stats.  1873-74,  p.  158.] 
Supplemented  1873-74,  p.   329.     Repealed  by   County  Government  Act,    1897, 
p.  455,    §§  14-18. 

ACT  2408. 

Fixing  fees  of  county  surveyor.     [Stats.  1873-74,  p.  108.] 

ACT  2409. 

Title  to  certain  lands  in,  quieting.     [Stats.   1873-74,  p.   329.] 
This  act  related  to  certain  lands  in  the  Suscol  rancho. 

TITLE  337. 
NAPA  LADIES   SEMINARY. 
ACT  2414. 

Authorizing  the-  granting  of  diplomas  by.     [Stats.  1871-72,  p.  SOL] 

TITLE  338. 
NAPA  EIVER. 
ACT  2419. 

Authorizing  construction  of  bridge  across,  at  Napa  City.     [Stats.   1871- 
72,  p.  792.] 
Repealed  1875-76,  p.  855. 

TITLE  339. 
NATIONAL  GUARD. 
ACT  2424. 

To  define  the  duties  of  inspectors  of  rifle  practice.     [Stats.  1877-78,  p. 
758.] 
"Probably  repealed  by  Political  Code,   i  2008,  adopted   1897." — Code  Commis- 
tionera'  Note. 


Acts  2425-2432  GENERAL  LAWS.  916 

ACT  2425. 

To  provide  for  independent   and  unattached   companies   of,   and  to   pro- 
vide for  the  manner  of  making  allowances  for  the  use  and  support 
of  such  companies.     [Stats.  1901,  p.  110. J 
This  act  appears  in  full  in  Appendix,  Political  Code,  p.  1841. 

ACT  2426. 

To  establish  a  camp  of  instruction  for  the,  and  to  authorize  the  acquisi- 
tion by  donation  of  a  site  for  the  same.     [Stats.   1899,  p.  65.] 

ACT  2427. 

Providing  that  all  encampments  of  the  national  guard  shall  be  held  at 

the    state    camp    of    instruction    unless    otherwise    ordered.     [Stats. 

1899,  p.  148.] 

ACT  2428. 

Authorizing  the  acquisition  by  donation   of  a  site  or  sites  for  camps  of 

instruction  for  the  national  guard  of  the  state  and  to  improve  the 

same.     [Stats.  1893,  p.  123.] 

Probably  repealed  1899,  p.  65. 

ACT  2429. 

Eegarding  organizations,  officers,  and  members  of  the  national  guard 
who  entered  the  United  States  volunteer  service  in  the  Spanish- 
American  war;  their  privileges,  and  exemptions,  and  retirements, 
and  providing  for  the  return  to  such  national  guard  of  such  organ- 
izations, officers  and  members.     [Stats.  1899,  p.  158.] 

ACT  2430. 

An  act  making  an  appropriation  to  pay  the  claims  for  services,  sub- 
sistence, supplies,  transportation,  and  other  expenses  of  the  national 
guard  of  California  and  the  University  Cadets,  called  into  service 
by  order  of  the  governor  in  the  months  of  April,  May  and  June, 
1906.  [Approved  June  14,  1906.  Stats.  1906,  p.  41.] 
This  act  appropriated  $400,000  for  the  purposes  indicated. 

ACT  2431. 

An  act  to  provide  a  site  for  an  armory  for  the  national  guard  in  the 
city  and  county  of  San  Francisco  and  making  available  and  re- 
appropriating  certain  moneys  for  the  purchase  of  said  site  and  the 
erection,  equipment,  completion  and  furnishing  of  said  armory. 
[Approved  March  22,  1909.     Stats.  1909,  p.  G40.] 

ACT  2432. 

An  act  making  an  appropriation  for  the  expenses  of  the  national  guard 
in  case   of  insurrection,  invasion,   tumult,  riot,  or  imminent  danger 
thereof.     [Approved  April  12,  1909.     Stats.  1909,  p.  850.] 
This   act  appropriated  $100,000  for  the  purposes  indicated. 


917  NATURALIZATION— NEGLIGENCE.  Acts  2433-2451 

ACT  2433. 

An   act    to    provide   for   the   building,    equipping    and    furnishing    of   an 
armory  to  be  used  for  the   national   guard   and  national   guard  pur- 
poses, in  the  city  of  Los  Angeles,  and  to  make  an  appropriation  for 
the   same.      [Approved  March  25,   1909.     Stats.   1909,  p.  718.] 
This  act  appropriated  $100,000  for  the  purposes  indicated. 

TITLE  340. 
NATURALIZATION. 
ACT  2434. 

Naturalization,   provision   for   indexing   names   of   person   who   have    de- 
clared   tlieir   intention    to   become   or   who   have   become   citizens   of 
the  United  States.     [Stats.  1871-72,  p.  80.] 
Section  1  probably  in  force;   §  2  superseded  by  the  fee  bill  of  1895,  p.  267. 

TITLE  341. 
NAVAL  BATTALION. 
ACT  2439. 

To   establish   a   naval  battalion   to   be   attached   to   the   national   guard. 
[Stats.  1891,  p.  258.] 
Repealed  1893,  p.  63. 

ACT  2440. 

To   establish   a   naval   battalion   to   be    attached   to   the   national   guard. 
[Stats.  1893,  p.  62.] 
Modified,    if    not    superseded,    by    Political    Code,    §  1962,    as    amended    1901, 
p.  583.      See  present   §  2111. 

TITLE  342. 
NAVIGATION. 
ACT  2445. 

Buoys   and   beacons,  protection   of.     [Stats.   1873-74,   p.   619.] 
Codified  in  part  by  §  609,  Penal  Code:  See  post,  Act  4354. 

ACT  2446. 

Submarine  sites  for  lighthouses,   and  other  aids  to   navigation.     [Stats. 
1873-74,  p.  621.] 
This  act  authorized  the  governor  to  convey  sites  to  the  United  States  for  the 
above  purpose. 

TITLE  343. 
NEGLIGENCE. 
ACT  2451. 

Requiring  compensation  for  causing  death  by  wrongful  act,  neglect,  or 
default.     [Stats.  1SG2,  p.  447.] 
Citations.      Cal.  42/216,   217;    50/612;    84/521;    115/391. 
Superseded  by  Code  of  Civil  Procedure,   §§  376,  377. 


Acts  2456-2472  GENERAL  LAWS.  918 

TITLE  344. 
NEUCES  CEEEK. 
ACT  2456. 

To    declare    Neuces   Creek   in    Contra   Costa    County    navigable.     [Stats. 
1858,  p.  127.] 
Incorporated  in  Political  Code,  §  2349. 

TITLE  345. 

NEVADA  CITY. 
ACT  2461. 

Incorporating.     [Stats.  1877-78,  p.  221.J 

TITLE  346. 
NEVADA  COUNTY. 
ACT  2466. 

Fees  and  mileage  in  criminal  cases  in.     [Stats.  1875-76,  p.  404.] 
Repealed   by    fee   bill   of    1895,    p.    267,    and   County    Governmeut    Acts    1897, 
p.  524,   §  173. 

ACT  2467. 

Lawful  fences  in.     [Stats.   1863-64,  p.  318.] 
This  act  extended  the  act  of  1855  concerning  lawful  fences  to  Nevada  County. 

ACT  2468. 

Eegulating   salaries   of   officers   of.     [Stats.    1877-78,   p.   551.] 
Repealed  by  County  Government  Acts,  1897,  p.  524,  §  173. 

ACT  2469. 

To  remedy  defects  in  certain  county  records.  [Stats.  1871-72,  p.  377.] 
I  This   act  validated   certain   records   in   Nevada   County  which    the   president   of 

'        the  board  had  omitted  to  sign. 

ACT  2470. 

Indexing  certain  records  of.     [Stats.   1873-74,  p.   280.] 
This  act  provided  for  the  manner  of  indexing  certain  deeds. 

ACT  2471. 

Public  roads  in.     [Stats.  1871-72,  p.  448.] 
Amended    1873-74,    p.    293;    1875-76,    p.    423;    1877-78,    pp.    279,    364.     Re- 
pealed by  statute  of  1883,  p.  5,   c.  X,    §  2. 

This    act   provided   for   the    location,    construction,    and   maintenance    of   public 
roads  in  Nevada  County. 

ACT  2472. 

Nevada  school  district,  board  of  education  of,  establishing  and  defining 
powers  and  duties  of.     [Stats.  1873-74,  p.  614.] 


919  NEW  REPUBLIC— NOTARIES.  Acts  2473-2500 

ACT  2473. 

Quarterly   meetings  of  supervisors.     [Stats.   1873-74,   p.   239.] 
Repealed  by  County  Government  Acts,  1897,  p.  452. 

ACT  2474. 

Authorizing   supervisors   to   remove   bodies   of   certain   deceased   persons. 
[Stats.   1877-78,  p.   104.] 

TITLE  347. 
NEW  EEPUBLIC. 
ACT  2479. 

Name   changed   to   Santa  Eita.     [Stats.    1873-74,   p.   823.] 

TITLE  348. 
NEW  SAN  PEDEO. 
ACT  2484. 

To  change   the  name  of  New  San  Pedro  to   Wilmington.     [Stats.   1863, 
p.  328.] 

NORMAL  SCHOOLS. 

See  "Schools." 

TITLE  349. 
NORTH    BEACH    AND    MISSION    RAILROAD    COMPANY. 
ACT  2489. 

Granting  certain  privileges  to.     [Stats.   1871-72,  p.  761.] 
See  Acts   3260,   3261,  post. 
ACT  2490. 

Granting  certain  privileges  to.     [Stats.  1877-78,  p.  278.] 

TITLE  350. 
NORTH  SAN  FRANCISCO  HOMESTEAD  AND  RAILROAD  ASSOCIA- 
TION. 
ACT  2495, 

Authorizing  sale  and  conveyance  of  lands  in  San  Francisco   to.     [Stats. 
1863-64,  p.  482.] 
This    act    authorized    the    commissioners    of    swamp    and    overflowed    lands    to 
convey  certain  overflowed  land  to  this  corporation. 

TITLE  351. 
NOTARIES. 
ACT  2500. 

Fresno,  Tulare,  and  Humboldt  counties,  additional  notaries  for.     [Stats. 
1873-74,  p.  20.] 
Repealed  by  Political  Code,   §  791. 
See  Act  1564,  ante. 


Acts  2501-2506*  GENERAL  LAWS.  920 

ACT  2501. 

Additional  for  certain  counties.     [Stats.   1873-74,  p.  30.] 
Repealed  by  Political  Code,   §  791. 

This    act    provided    for    additional    notaries    in    the    counties    of    Santa    Clara, 
Napa,   Santa  Barbara,   San  Luis  Obispo,  and  Sonoma. 

ACT  2502. 

Defining   duties  of.     [Stats.   1871-72,   p.   792.] 
Supplementing  act  of  April  25,   1862.     Repealed  by  Political  Code,    §  791. 

TITLE  352. 
NOVATO  CEEEK, 
ACT  2505. 

Declaring  Novato  Creek  or  estuary  in  Marin  County  navigable.     [Stats. 
1860,  p.   257.] 
Incorporated  in  Political  Code,   §  2349. 

TITLE  353. 

NUECES  CREEK. 
ACT  2506. 

Declared  navigable.     [Stats.  1858,  p.  127. j 
Incorporated  in  Political  Code,   §  2349. 

TITLE  354. 
NUISANCES. 

ACT  2506a. 

An  act  declaring  property  infested  with  certain  rodents  to  be  a  public 
nuisance;  requiring  owners,  occupants,  and  persons  having  possession 
of  or  dominion  over  such  property  to  endeavor  to  exterminate  and 
destroy  such  rodents;  providing  for  the  inspection  of  property  by 
boards  of  health  and  health  officers;  authorizing  boards  of  super- 
visors and  other  governing  bodies  to  purchase  materials  and  employ 
inspectors  to  prosecute  such  work  of  extermination;  authorizing 
state  and  local  health  authorities  to  prosecute  such  work  in  certain 
cases;  providing  for  the  payment  of  the  expense  thereof;  making 
the  amount  of  such  expense  a  lien  on  the  property;  providing  for 
the  collection  of  such  amount  by  foreclosure  of  such  lien;  and 
declaring  any  violation  of  the  provisions  thereof  to  be  a  misde- 
meanor. 

[Approved  March  13,  1^909.     Stats.   1909,  p.  311.] 

Duty  of  persons  to  exterminate  rodents. 

§  1.  It  shall  be  and  is  hereby  declared  to  be  the  duty  of  every  per- 
son, firm,  copartnership,  company  and  corporation,  owning,  leasing,  occu- 
pying, possessing  or  having  charge  of  or  dominion  over,  any  land,  place, 
building,   structure,   wharf,   pier,   dock,   vessel   or   water   craft,   which   is 


921  NUISANCES.  Act  2506a,  §§  2-4 

infested  with  rats,  mice,  gophers  or  ground  squirrels,  or  as  soon  as  the 
presence  of  the  same  shall  come  to  his,  their,  or  its  knowledge,  at  once 
to  proceed  and  to  continue  in  good  faith  to  endeavor  to  exterminate 
and  destroy  such  rodents,  by  poisoning,  trapping,  and  other  appropriate 
means. 

State  board  of  health,  authority  of. 

§  2.  The  state  beard  of  health  and  inspectors  appointed  by  such 
board,  and  local  health  officers  and  inspectors  appointed  for  the  pur- 
pose, as  hereinafter  provided,  shall  have  authority  and  shall  be  permitted 
to  enter  into  and  upon  any  and  all  lands,  places,  buildings,  structures, 
wharves,  piers,  docks,  vessels  and  water  craft,  for  the  purpose  of  ascer- 
taining whether  the  same  are  infested  with  such  rodents  and  whether 
the  requirements  of  this  act  as  to  the  extermination  and  destruction 
thereof  are  being  complied  with;  provided,  however,  that  no  building 
occupied  as  a  dwelling,  hotel  or  rooming-house,  shall  be  entered  for  such 
purpose  except  between  the  hours  of  9  o'clock  in  the  forenoon  and  5 
o'clock  in  the  afternoon  of  any  day. 

Supervisors  may  appropriate  moneys. 

§  3.  The  board  of  supervisors  of  each  county  and  the  city  council  or 
other  governing  body  of  each  city  and  county,  city  and  town,  whenever 
it  may  by  resolution  determine  that  it  is  necessary  for  the  preservation 
of  the  public  health  or  to  prevent  the  spread  of  contagious  or  infectious 
disease,  communicable  to  mankind,  or  when  such  board  shall  so  determine 
that  it  is  necessary  to  -prevent  great  and  irreparable  damage  to  crops 
or  other  property,  may  appropriate  money  for  the  purchase  of,  and  may 
purchase,  poison,  traps  and  other  materials  for  the  purpose  of  extermi- 
nating and  destroying  such  rodents,  in  such  county,  city  and  county,  city 
or  town,  and  may  employ  and  pay  inspectors,  who  shall  have  authority 
to  and  shall  prosecute  such  work  of  extermination  and  destruction,  under 
the  direction  of  such  board,  or  of  the  local  health  officer,  or  board  of 
health,  on  both  private  and  public  property,  in  such  county,  city  and 
county,  city  or  town. 

Refusal  to  exterminate.    Expense  of  extermination.     Sale  of  Property. 

§  4.  Whenever  any  person,  firm,  copartnership,  company  or  corpora- 
tion, owning,  leasing,  occupying,  possessing  or  having  charge  of  or  do- 
minion over,  any  land,  place,  building,  structure,  wharf,  pier,  dock,  vessel 
or  water  craft,  which  is  infested  with  such  rodents,  shall  fail,  neglect 
or  refuse  to  proceed  and  to  continue  to  endeavor  to  exterminate  and  de- 
strov  such  rodents,  as  herein  required,  it  shall  be  the  duty  of  the  state 
board  of  health,  its  inspectors  and  the  local  board  of  health  and  health 
officer,  at  once  to  cause  such  nuisance  to  be  abated  by  exterminating  and 
destroying  such  rodents.  The  expense  thereof  shall  be  a  charge  against 
the  county,  city  and  county,  city  or  town,  wherein  the  work  is  done,  and 
the  board  of  supervisors  or  other  governing  body  shall  allow  and  pay  the 
same.  Thereupon,  the  clerk  of  such  board  shall  file  in  the  office  of  the 
county  recorder  a  notice  of  such  payment,  claiming  a  lien  on  such  prop- 


Acts  2507-2508*  GENERAL  LAWS.  822 

erty  for  the  amount  of  such  payment.  Any  and  all  sums  so  paid  by  such 
county,  city  and  county,  city  or  town,  shall  be  a  lien  on  the  property  on 
which  said  nuisance  shall  have  been  abated,  and  may  be  recovered  in  an 
action  against  such  property,  which  action,  to  foreclose  such  lien  shall 
be  brought,  within  ninety  days  after  such  payment,  and  be  prosecuted 
by  the  district,  city  or  town  attorney,  in  the  name  of  such  county, 
city  and  county,  city  or  town,  and  for  its  benefit.  When  the  prop- 
erty is  sold,  enough  of  the  proceeds  shall  be  paid  into  the  treasury  of 
such  county,  city  and  county,  city  or  town,  to  satisfy  such  lien  and 
the  costs,  and  the  overplus,  if  any  there  be,  shall  be  paid  to  the  owner  of 
the  property,  if  known,  and  if  not  known  shall  be  paid  into  court  for  the 
use  of  such  owner  when  ascertained.  When  it  appears  from  the  com- 
plaint in  such  action  that  the  property  on  which  such  lien  is  to  be  fore- 
closed is  likely  to  be  removed  from  the  jurisdiction  of  the  court,  the 
court  may  appoint  a  receiver  to  take  possession  of  the  property  and  hold 
the  same  while  the  action  may  be  pending  or  until  the  defendant  shall 
execute  and  file  a  bond,  with  sufficient  sureties,  conditioned  for  the  pay- 
ment of  any  judgment  that  may  be  recovered  against  him  in  the  action 
and  all  costs. 

Penalty. 

§  5.  Any  violation  of  the  provisions  of  this  act  shall  be  deemed  a  mis- 
demeanor and  shall  be  punishable  as  such. 

ACT  2507. 

To  prevent  certain  public  nuisances.     [Stats.  1852,  p.  100.] 
Superseded  by  Penal  Code,   §  374. 

ACT  2508. 

Authorizing  and  directing  district  attorneys  to  bring  suits  to  abate  public 
nuisances.     [Stats.  1899,  p.  103.] 
Citations.      Cal.  147/380;  150/197. 

Superseded   by    §4156   of  Political   Code:    See   Penal   Code,    §  373a,   and   P.   v. 
McCue,   33   Cal.  Dec.   45. 

TITLE  355. 
NURSING. 
ACT  2508a. 

An  act  to  promote  the  better  education  of  practitioners  of  nursing  the 
sick  in  the  state  of  California,  to  provide  for  the  issuance  of  certi- 
ficates of  registration  as  a  registered  nurse  to  qualified  applicants  by 
the  board  of  regents  of  the  University  of  California,  and  to  provide 
penalties  for  violation  hereof. 

[Approved  March  20,  1905.     Stats.  1905,  p.  533.] 

§1.  Commencing  in  the  month  of  July,  1905,  and  at  least  semi-an- 
nually thereafter,  the  board  of  regents  of  the  University  of  California 
shall  hold,  or  cause  to  be  held,  such  examination  or  examinations  as  they 


923  NURSING.  Act  2508a,  §§  2-5 

may  deem  proper  to  test  the  qualifications  and  fitness  of  applicants  for 
certification  and  registration  as  registered  nurses  within  the  state  of  Cali- 
fornia. Such  examinations  shall  be  practical  in  character,  and  a  reason- 
able notice  designating  the  time  and  place  thereof  must  be  given  by 
publication  in  at  least  two  daily  papers  published  within  the  state  of 
California. 

§  2.  All  applicants  for  examination  must  furnish  satisfactory  evidence 
of  good  moral  character  and  of  having  complied  with  the  provisions  of 
this  act  relative  to  qualifications;  and  any  examiner  may  inquire  of  any 
applicant  for  examination  concerning  his  or  her  character,  qualifications 
or  experience,  and  may  take  testimony  in  regard  thereto,  under  oath, 
which  he  is  hereby  empowered  to  administer. 

§  3.  All  persons  satisfactorily  passing  such  examinations  shall  be 
granted  by  the  board  of  regents  of  the  University  of  California,  a  cer- 
tificate stating  that  he  or  she  is  a  registered  nurse  within  the  state  of 
California,  and  shall  thereafter  be  known  and  styled  as  a  registered  nurse. 
The  secretary  of  the  said  board  of  regents  shall  keep  in  his  office  a  book 
showing  the  names  of  all  persons  to  whom  certificates  as  registered  nurses 
have  been  granted.  Graduates  of  all  training  schools  for  nurses  which 
shall  have  been  approved  by  the  said  board  of  regents  may  be  certified 
as  registered  nurses,  without  examination,  at  any  time  within  three  years 
after  the  passage  of  this  act,  upon  payment  of  the  fee  prescribed  in  sec- 
tion four  hereof. 

§  4.  Every  person  applying  for  examination,  or  for  registration  as  a 
registered  nurse,  shall  pay  to  the  secretary  of  the  said  board  of  regents 
a  fee  of  five  dollars,  which  shall  in  no  case  be  refunded.  A  certificate 
of  registration  shall  be  void  three  years  after  the  date  thereof,  but  a 
new  certificate  may  be  issued  to  the  holder  upon  the  payment  of  a  fee 
of  one  dollar.  All  expenses  incurred  in  carrying  out  the  provisions  of 
this  act  shall  be  paid  from  the  fees  and  fines  collected  hereunder,  and 
the  surplus  receipts,  if  any,  shall  be  used  to  provide  for  education  in 
nursing. 

§  5.  (I)  No  person  shall  be  eligible  for  examination  or  for  registration 
as  a  registered  nurse  who  shall  not  furnish  satisfactory  evidence  of  hav- 
ing graduated,  from  a  nurses'  training  school:  (a)  that  is  attached  to  a 
reputable  hospital;  (b)  that  gives  a  general  training  and  a  systematic, 
theoretical  and  practical  course  of  study  covering  a  period  of  at  least 
two  years;  (c)  and  that  has  been  approved  by  the  board  of  regents  of 
the  University  of  California. 

(II)  After  .January  1,  1908,  no  person  shall  be  eligible  for  examination 
or  for  registration  as  a  registered  nurse,  unless: 

(a)  He  or  she  is  at  least  twenty-one  years  of  age; 

(b)  He  or  she  is  a  graduate  of  a  training  school  approved  by  the  board 
of  regents  of  the  University  of  California,  and  after  said  date  no  school 
shall  be   approved  or  remain  on   the  list  of   schools   approved  by   said 


Acts  2509-25H  GENERAL  LAWS.  924 

board  of  regents,  unless  it  is  attached  to  a  general  hospital,  and  its 
course  requires  a  three  years'  training  in  that  hospital;  provided,  that  a 
training  school  approved  as  aforesaid  may  graduate  students  who  have 
spent  a  year  therein  subsequent  to  completing  a  two  years'  course  in  the 
training  school  attached  to  a  special  hospital. 

(Ill)  After  January  1,  1910,  no  person  shall  be  eligible  for  examina- 
tion or  for  registration  unless  he  or  she  furnishes  satisfactory  evidence 
of  having  substantially  completed  the  course  of  studies  pursued  in  the 
grammar  schools  of  the  state  of  California,  or  an  equivalent  course. 

§  6.  The  board  of  regents  of  the  University  of  California  shall  have 
power  to  revoke  any  certificate  of  registration  for  incompetency,  dishon- 
tisty,  intemperance,  immorality  or  unprofessional  conduct,  after  a  full  and 
fair  investigation  of  the  charges  preferred  against  the  accused.  Prior 
to  such  hearing  a  written  copy  of  such  charges  shall  be  furnished  to  the 
accused,  who  shall  have  at  least  twenty  days'  notice  in  writing  of  the 
time  and  place  where  such  charge  will  be  heard  and  determined. 

§  7.  Any  person  procuring  registration  under  this  act,  by  false  repre- 
sentation or  who  shall  refuse  to  surrender  a  certificate  of  registration 
which  has  been  revoked  as  set  out  in  this  act,  or  who  shall  use  the  title 
of  "registered  nurse,"  or  append  the  letters  "E.  N."  or  any  other  words, 
letters  or  figures  to  indicate  that  the  person  using  the  same  is  a  regis- 
tered nurse,  unless  such  person  shall  be  lawfully  entitled  so  to  do,  shall 
be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  pun- 
ished by  a  fine  of  not  less  than  fifty  dollars  nor  more  than  five  hundred 
dollars,  or  by  imprisonment  in  the  county  jail  for  not  less  than  five  days 
nor  more  than  six  months,  or  by  both  such  fine  and  imprisonment;  pro- 
vided, however,  that  nothing  in  this  act  contained  shall  be  construed  to 
prohibit  or  affect  that  gratuitous  nursing  of  the  sick,  nor  to  nursing  the 
sick  for  hire  by  a  person  who  does  not  in  any  way  assume  to  be  a  reg- 
istered nurse. 

TITLE  356. 

OAKLAND. 
ACT  2509. 

Charter  of.     [Stats.  1889,  p.  513.] 

Amended  1895,  p.  353;   1907,  p.   1349;   1909,  p.   1320. 
Citations.      Cal.  99/148;    145/421,   422,    423,    425,    427. 

ACT  2510. 

Incorporating.     [Stats.  1873-74,  p.  804.] 
Supplementing    act    of   April   24,    1862.      Superseded   by    charter   of    Oakland: 
See  ante.   Act  2509, 

ACT  2511. 

Alameda,   Oakland,   and    Piedmont    Eailway    Company,    authorizing    city 

council  of  Oakland  to  grant  certain  priv'ileges  to.     [Stats.  1875-76, 

p.  499.] 


925  OAKLAND.  Acts  2512-2522 

ACT  2512. 

Assessor,  salary  of.     [Stats.  1875-76,  p.  148.] 
Superseded   by   the    charter   of    Oakland,    1889,    pp.    531,    533,    §§  40    and   44: 
See   Act  2509. 

ACT  2513. 

Providing   compensation   for  the   township   assessor   of   the   township  of, 

[Stats.   1877-78,  p.  557.] 
ACT  2514. 

Common   council,  appropriation  of  moneys  by  to   certain  benevolent  so- 
cieties.    [Stats.   1877-78,  p.   252.] 
Superseded  by  charter  of  Oakland,   1889,  p.  513,   §  31,  subd.  46. 
This   act   authorized   the   payment   from   fines   collected   in   the   police    court   to 
the  Oakland  Benevolent  Society  and  the  Ladies'   Relief  Society. 

ACT  2515. 

To  issue  and  sell  bonds  of,  and  with  proceeds  to  pay  and  cancel  certain 

other  bonds.     [Stats.  1873-74,  p.  845.] 
ACT  2516. 
To  provide  for  the  liquidation  of  the  floating  indebtedness  of  the  city 

of  Oakland  and  to  prevent  the  incurring  of  further  debts.     [Stats. 

1873-74,  p.  799.] 

This  act  authorized  the  issuance  of  bonds  not  exceeding   $100,000. 

ACT  2517. 

To  provide  funds  for.     [Stats.  1871-72,  p.  590.] 
This  act  authorized  the  city  council  to  issue  bonds. 

ACT  2518. 

Authorizing  the  construction  of  a  bridge  across  the  estuary  of  San  An- 

tonio,  between  Eighth  Street  and  East  Ninth  Street.     [Stats.  1875- 

76,  p.  653.] 

ACT  2519. 

Elections  in,  time  for  holding.     [Stats.  1875-76,  p.  64.] 
Superseded  by  the  charter  of  Oakland,   1889,  p.  514.      See  Act  2509. 

ACT  2520. 

Gas  and  water  pipes  in,  laying  of.     [Stats.  1875-76,  p.  312.] 
See  Charter  of  Oakland,   §  31,  subd.  26;   also   §§  70,  71,  ante.  Act  2509. 

ACT  2521. 

Oakland  Harbor,  to  facilitate  the  construction   of  a  canal  for.     [Stats. 
1875-76,  p.  862.] 
Amended  1877-78,  p.   113. 

ACT  2522. 

'  Katifying  an  ordinance  of.     [Stats.  1877-78,  p.  71.] 
This  ordinance  abandoned  certain  streets. 


Acts  2523-2532  GENERAL  LAWS.  926 

ACT  2523. 

Legalizing  the  ordinances  of  Oakland,  in  respect  to  the  penalties  therein, 

[Stats.  1871-72,  p.  75.] 
ACT  2524. 

An  act  granting  certain  lands  and  salt  marsh  and  tide  lands  of  the  state 
of  California,  to  the  city  of  Oakland.  [Approved  March  22,  1909. 
Stats.  1909,  p.  665.] 

See,  also,  act  of  1873-74,   p.   132,  granting  certain  salt  marsh  and  tide   lands 
to. 

ACT  2525. 

Superintendent  of  public  schools,  salary  of,  act  fixing  and  also  limiting 
powers  of  board  of  education.     [Stats.  1875-76,  p.  169.] 
Amended    1877-78,    p.    735.     Superseded    by    the    charter    of    Oakland,    1889, 
p.  514:   See  Act  2509. 

ACT  2526. 

Authorizing  construction  of  main  sewers.     [Stats.  1875-76,  p.  896.] 
Probably  superseded  by  charter  of  Oakland,  1889,  p.  514.      See  Act  2509. 

ACT  2527. 

Streets  in,  opening.     [Stats.  1875-76,  p.  468.] 
Repealed  1877-78,  p.  619. 

ACT  2528. 

Opening  of  streets  in.     [Stats.  1877-78,  p.  614.] 
Probably  superseded  by  the  Vrooman  Act,  1885,  p.  147. 

ACT  2529. 

To  district  the  city  into  wards.     [Stats.  1875-76,  p.  62.] 
Amended    1877-78,   p.    843.     Superseded   by    §  6   of    art.   I   of    the    charter   of 
Oakland,    1889,    p.   519. 

ACT  2530. 

Authorizing  to  obtain  a  supply  of  water.     [Stats.  1873-74,  p.  892.] 
Superseded  by  charter,  1889,  p.  529,  §  31,  subd.  41. 

ACT  2531. 

Enabling    city    to    acquire    and    maintain   waterworks.     [Stats.    1877-78, 
p.  427.] 
Superseded  by  charter,   1899,  p.  529,   §  31,  subd.  41. 

ACT  2532. 

An  act  authorizing  and  empowering  the  directors  of  the  State  Agricul- 
tural Society  to  hold  state  industrial  and  agricultural  fairs  at  the 
city  of  Oakland,  county  of  Alameda,  state  of  California,  and  making 
an  appropriation  therefor.  [Approved  April  12,  1909.  Stats.  1909, 
p.  851. 


92T  OCEAN  PARK — OFFICERS.  Acts  2536-2546 

TITLE  356a. 
OCEAN  PAEK. 
A  city  of  the  sixth  class. 
See  California  Blue  Book,  1907,  p.  304. 

TITLE  357. 
ODD  FELLOWS. 
ACT  2536.. 

Amending  act  relating  to  corporations.     [Stats.  1853,  p.  274.] 
Repealed  by  §  288,  Civil  Code. 

This   act  authorized  ten  or  more   citizens  to  assume  corporate  powers  for  the 
purpose  of  erecting  Odd  Fellows'  halls. 

ACT  2537. 

Independent  Order  of  Odd  Fellows,  authorizing  trustees  to  lease  a  lot  in 
San  Francisco,     [Stats.   1877-78,  p.  561.] 

TITLE  358. 
OFFICEES. 
ACT  2542. 

Educational  offices,  making  women  eligible  to.     [Stats.  1873-74,  p.  356.] 
Citations.      Cal.  71/121;  123/618,  619. 
This  act  appears  in  full  in  Appendix,   Political  Code,  p.  1842. 

ACT  2543. 

To  secure  to  native-born  and  naturalized  citizens  the  exclusive  right  to 
be  employed  in  the  public  service.     [Stats.  1901,  p.  589.] 
See  Act  126,  ante. 

ACT  2544. 

To  provide  for  the  payment  by  the  state  or  counties,  or  cities,  or  cities 

and  counties,  nf  the  premium  or  charge  on  official  bonds  when  given 

by  surety  companies.     [Stats.  1903,  p.  476.] 
This  act  appears  in  full  in  Appendix,  Political  Code,  p.  1781. 

ACT  2545. 

Civil  officers,  removal  of  for  violation  of  official  duty.     [Stats.  1873-74, 
p.  911.] 
"Repealed    by    the    constitution    of    1879    and    the    County    Government    Acts. 
(Fraser  v.  Alexander,   75   Cal.   147.)" — Code   Commissioners'    Note. 
Citations.      Cal.  52/623;  75/148,  150,  151,  154;   97/381. 

ACT  2546. 

Concerning  confirming  and  ratifying  leases  and  other  contracts  made  by 
any  officer  or  boards  of  officers  of  the  state.     [Stats.  1901,  p.  601.] 


Acts  2547-2552  GENERAL  LAWS.  923 

ACT  2547. 

To  protect  candidates  for  certain  public  offices,  to  prohibit  certain  acts 

by  such  candidates,  and  to  provide  a  punishment  for  infractions  of 

this  law.     [Stats.  1897,  p.  53.] 

Codified  by  §  55a  of  Penal  Code. 

This  act  prohibited  the  pledging  of  candidates  or  the  giving  of  pledges  by 
candidates. 

ACT  2548. 

Eelating  to  the  intoxication  of  officers.     [Stats.  1880,  p.  77.] 
This  act  appears  in  full  in  Appendix,  Penal  Code,  p.  2085. 

ACT  2549. 

To  protect  the  wages  of  labor  and  the  salaries  and  fees  of  subordinate 
officers.     [Stats.   1871-72,  p.   951.] 
Codified. by   §§  74a  and  653d  of  Penal   Code   1905:   Seethe  respective  sections 
of  the  Penal  Code  referred  to. 

This  act  made  it  a  felony  to  receive  or  retain  a  portion  of  the  wapes  of 
laborers  employed  upon  public  works  or  the  fees  or  salaries  allowed  to  subordi- 
nate officers. 

ACT  2550. 

Concerning  officers.     [Stats.   1861,  p.  139.] 
This  act  related  to  the  signature  of  ex  officio  officers. 
Superseded  by  §  1031,  Pol.  Code, 

ACT  2551. 

An  act  forbidding  the  employment  of  the  inmates  of  state  institutions  in 
the  manufacture,  or  production  of  articles,  for  the  use  of  state  of- 
ficers, or  the  officers  and  employers  of  state  institutions. 
[Approved  March  19,  1903.     Stats.  1903,  p.  210.] 

§1.  No  inmate  of  any  state  institution  shall  be  employed  in  the  manu- 
facture or  production,  of  any  article,  intended  for  the  private  and  per- 
sonal use  of  any  state  officer,  or  officer,  or  employee,  of  any  state 
institution;  provided,  that  this  act  shall  not  prevent  repairing  of  any 
kind  nor  the  employment  of  such  inmates  in  household  or  domestic  work 
connected  with  such  institution, 

§  2.  All  acts  or  parts  of  acts  in  conflict  with  this  act,  are  hereby  re- 
pealed. 

§  3.     This  act  shall  take  effect  on  and  after  its  passage. 

ACT  2552. 

An  act  to  execute  and  carry  into  effect  section  3  of  article  20  of  the  con- 
stitution of  the  state  of  California. 
[Approved  March  23,  1901.     Stats.  1901,  p.  552.] 

§  1.  Whenever  any  person  within  this  state  shall  hold  any  office  or 
position  of  public  trust  and  shall  have  taken  the  oath  of  office  prescribed 


©29  OFFICERS.  Act  2553 

by  section  3  of  article  20  of  the  state  constitution  npon  entering  upon 
such  office,  or  shall,  after  his  election  or  appointment,  have  offered  to 
take  such  oath,  it  shall  be  unlawful  to  remove  such  person  from  such 
office  or  position  of  public  trust  because  such  person  has  not  complied 
with  some  or  any  provision  of  any  law,  charter,  or  regulation  prescribing 
an  additional  test  or  qualification  for  such  office  or  position  of  public 
trust,  and  any  person  who  is  removed  or  threatened  with  removal  from 
any  office  or  position  of  public  trust  under  any  pretense  or  device  what- 
ever, if  the  real  reason  be  because  of  noncompliance  with  provisions  re- 
quiring such  additional  test  or  qualification,  shall  be  entitled  to  restrain 
such  unlawful  removal  or  to  enforce  restoration  by  process  of  injunction, 
both  prohibitory  and  mandatory. 

§2.  It  shall  be  unlawful  for  any  person  having  the  power  of  removal 
from  office  of  any  public  official,  state  or  local,  to  remove  or  threaten 
to  remove  such  ofHcial  from  his  office  because  such  official  in  the  appoint- 
ment of  any  person  to  a  position  of  public  trust  under  such  last-named 
official,  refuses  to  require  any  test  or  additional  qualification  than  the 
oath  referred  to  in  section  one  of  this  act  as  a  condition  of  permitting 
such  appointee  to  enter  upon  or  remain  in  such  position  of  public  trust: 
and  such  person  making  or  threatening  such  unlawful  removal  from  office 
may  be  restrained  by  prohibitory  and  mandatory  injunction  from  effect- 
ing such  removal  under  any  pretense  or  device  if  the  real  reason  of  such 
removal  or  threatened  removal  be  or  was  such  as  herein  declared  unlaw 
ful, 

§  3.     This  act  shall  take  effect  immediately. 

ACT  2553. 
An  act  providing  for  vacations  for  certain  employees  of  the  state. 
[Approved  March  15,  1909.     Stats.  1909,  p.  383.] 

§1.  Each  employee  regularly  employed  at  the  state  hospitals  and 
each  employee  regularly  employed  in  the  service  of  any  of  the  state 
commissions,  or  state  boards  or  in  the  state  printing  office  who  shall 
have  been  employed  for  a  period  of  not  less  than  six  months  shall  be 
allowed,  during  each  year  of  his  service,  a  vacation  of  not  less  than  fif- 
teen days'  duration;  said  vacation  to  be  without  loss  of  pay,  and  the 
time  allowed  for  said  vacation  to  be  designated  by  the  management  of 
such  state  hospitals,  and  by  the  members  of  the  state  commissions  and 
state  boards  and  by  the  superintendent  of  state  printing. 

§  2.     This  act  shall  take  effect  immediately. 
Gen.  Laws — 59 


Acts  2556, 2557  GENERAL  LAWS.  030 

TITLE  359. 
OIL. 
ACT  2556. 

An  act  to  prevent  injury  to  oil  or  petroleum-bearing  strata  or  formations 
by  the  infiltration  or  intrusion  of  water  therein.     [Approved  March 
24,  1903.     Stats.  1903,  p.  399.] 
Repealed   1909,  p.   586. 

ACT  2557. 

An  act  to  prevent  injury  to  oil,  gas  or  petroleum-bearing  strata  or  for- 
mations by  the  penetration  or  infiltration  of  water  therein. 
[Approved  March  20,  1909.     Stats.  1909,  p.  586.] 

§1.  It  shall  be  the  duty  of  the  owner  of  any  well  now  drilled  or  that 
may  be  drilled  in  the  state  of  California  on  lands  producing  or  contain- 
ing oil,  gas  or  petroleum,  to  properly  case  such  well  or  wells,  with  metal 
casing  in  accordance  with  most  approved  methods,  and  to  effectually  shut 
off  all  water  overlying  or  underlying  the  oil-bearing  strata  and  to  ef- 
fectually prevent  any  water  from  penetrating  such  oil-bearing  strata. 

§  2.  It  shall  be  the  duty  of  the  owner  of  any  well  referred  to  in  sec- 
tion 1  of  this  act,  before  abandoning  the  same  to  withdraw  the  casing 
therefrom,  and  to  securely  fill  such  well  with  clay,  earth  or  cement  mor- 
tar, or  other  good  and  sufficient  materials,  used  alone  or  in  suitable  com- 
bination, and  thoroughly  pack  and  tamp  the  same  into  such  well  to  a 
point  as  far  above  the  upper  oil-bearing  strata  as  the  commissioner  here- 
inafter provided  for  may  decide  shall  be  necessary,  and  while  withdraw- 
ing the  casing  therefrom  to  effectually  and  permanently  shut  off  and 
exclude  all  water  underlying  and  overylying  said  oil-bearing  strata,  and 
to  the  satisfaction  of  the  commissioner,  whether  any  oil-bearing  strata 
has  been  encountered  or  not. 

§  3.  It  shall  be  the  duty  of  the  owner  of  any  well  referred  to  in  sec 
tion  1  of  this  act,  to  keep  a  careful  and  accurate  log  of  the  drilling  of 
such  well,  such  log  to  show  the  character  and  depth  of  the  formations 
passed  through  or  encountered  in  the  drilling  of  such  well,  and  partic- 
ularly to  show  the  location  and  depth  of  the  water-bearing  strata,  to- 
gether with  the  character  of  the  water  encountered  from  time  to  time, 
and  to  show  at  what  point  such  water  was  shut  off,  if  at  all,  and  if  not 
to  so  state  in  such  log,  and  show  the  depth  at  which  oil-bearing  strata 
is  encountered,  the  depth  and  character  of  the  same,  and  whether  all 
water  overlying  and  underlying  such  oil-bearing  strata  was  successfully 
and  permanently  shut  off  so  as  to  prevent  the  percolation  or  penetration 
into  such  oil-bearing  strata;  said  record  of  well  to  be  kept  on  file  and 
subject  to  the  inspection  of  hereinafter  mentioned  commissioner  at  any 
time  during  business  hours. 

§4.  The  term  "owner"  as  herein  used  shall  mean  and  include  each  and 
every  person,  persons,  partnership,  copartnei'ship,  association  or  corpora- 


931  OIL.  Act  2557, §4 

tion  ownirg,  leasing,  managing,  operating,  drilling  or  possessing  any  well 
mentioned  in  sections  1  and  2  of  this  act,  either  as  principal  or  princi- 
pals, lessee  or  lessees  of  such  principal  or  principals,  contractor  or  con- 
tractors, and  their  and  each  of  their  employees.  The  term  "oil-bearing 
strata"  as  herein  used  shall  mean  and  include  any  bed,  seam  or  stratum 
of  rock  or  sand  or  other  material  which  contains,  includes,  or  yields  earth 
oil,  rock  oil,  or  petroleum  oil  or  natural  gas  or  either  of  them. 

In  order  to  carry  out  the  provision  of  sections  1  and  2  of  this  act,  upon 
petition  of  three  or  more  operating  oil  companies,  within  the  county,  it 
shall  be  the  duty  of  the  board  of  supervisors  of  said  county  to  appoint 
a  commissioner  who  shall  be  a  practical  oil  man,  whose  term  of  office  shall 
be  until  December  31st  of  the  year  following  time  of  appointment  or  un- 
til his  successor  is  appointed. 

The  duties  of  said  commissioner  shall  be  to  see  that  the  provisions  of 
this  act  shall  be  enforced. 

The  compensation  of  said  commissioner  shall  be  fixed  by  the  board  of 
supervisors  and  shall  be  paid  out  of  the  general  county  fund. 

Upon  the  filing  of  a  complaint  with  said  commissioner  alleging  the 
violation  of  any  of  the  provisions  of  sections  1  or  2  of  this  act,  it  shall 
be  the  duty  of  the  hereinbefore  mentioned  commissioner  of  the  county, 
if  so  requested  by  the  complainants,  to  make  or  cause  to  be  made,  a 
thorough  investigation  of  the  well  in  question,  to  determine  whether  or 
not  any  of  the  provisions  of  this  act  have  been  violated  and  for  such 
purpose  he  is  hereby  empowered  to  appoint  all  necessary  agents  and  as- 
sistants to  conduct  such  examination  and  such  agents  and  assistants  may 
enter  upon  the  premises  where  such  well  is  situated  and  may  take  charge 
of  such  well  for  the  purpose  of  making  such  investigations.  If  the  de- 
fendant in  the  action  shall  be  convicted  of  a  violation  of  any  of  the 
provisions  of  sections  1  or  2  of  this  act,  he  shall,  in  addition  to  the  pen- 
alties hereafter  set  forth,  pay  all  reasonable  and  proper  costs  incident 
to  the  making  of  such  investigations. 

Any  well  drilled  and  abandoned,  in  violation  of  sections  1  or  2  of  this 
act  is  hereby  declared  a  public  nuisance. 

If  any  well,  under  the  provision  of  sections  1  or  2  of  this  act  be  de- 
clared a  public  nuisance,  it  shall  be  the  duty  of  commissioner  of  the 
county  in  which  such  well  is  situated  to  enter  upon  the  premises,  take 
possession  of  such  well  and  to  abate  said  nuisance  and  to  take  all  neces- 
sary steps  to  prevent  the  percolation  or  penetration  of  water  into  the 
oil-bearing  strata.  He  shall  keep  an  accurate  account  of  the  expense  of 
such  work  and  all  expenses  so  incurred  shall  be  a  charge  against  the 
owner  of  such  well  and  a  lien  upon  the  same. 

Any  person  violating  the  provisions  of  this  act  shall  be  guilty  of  a  mis- 
demeanor. 

Any  owner  of  any  well  referred  to  in  sections  1  or  2  of  this  act,  who 
retuses  to  permit  the  commissioner  to  inspect  the  same  or  who  willfully 
hinders  or  delays  the  commissioner  in  the  performance  of  Ma  duty  is 
guilty  of  a  misdemeanor. 


Acts  2561-2578  GENERAL  LAWS.  932 

An  "act"  to  prevent  injury  to  oil,  or  petroleum-benring  strata,  or  for- 
mations by  infiltration  or  intrusion  of  water  therein  approved  March  2-1, 
1903,  is  hereby  appealed. 

TITLE  360. 
OLEOMAEGARINE. 
ACT  2561. 

To  prevent  sale  of  as  butter.     [Stats.  1877-78,  p.  535.] 
"Probably  repealed  by   1883,   p.   20;   if  not,   it  is  superseded  by  1895,  p.  41, 
c.   CCCLXXXI,  and  1897,  p.   65,  c.  LXXV." — Code   Commissioners'    Note. 

ACT  2562. 

To  prevent  the  sale  of  as  butter.     [Stats.  1883,  p.  20.] 
"Probably  repealed  by  1895,  p.  41.      See   1897,  p.   65;    1907,  p.   265." — Cods 
Commissioners'   Note. 

TITLE  361. 
OLIVE  OIL. 
ACT  2567. 

To  regulate  the  sale  of  olive  oil.     [Stats.  1891,  p.  46.] 
Repealed  1893,  p.  211. 

ACT  2568. 

To  regulate  the  sale  of  imitation  olive  oil.     [Stats.  1893,  p.  210.] 
This  act  appears  in  full  in  Appendix,  Penal  Code,  p.  2085. 

TITLE   362. 
OPTOMETRY. 
ACT  2573. 

An  act  to  regulate  the  practice  of  optometry  and  for  the  appointment  of 
a  board  of  examiners  in  the  matter  of  said  regulation. 
[Approved  March  20,  1903.     Stats.  1903,  p.  285.] 
Amended  1907,  p.  63;   1909,  p.  775. 

§  1.  Any  person  shall  be  deemed  to  be  practicing  optometry  within 
the  meaning  of  this  act  who  shall  display  a  sign,  or  in  any  way  adver- 
tise himself  as  an  optician  or  optometrist,  or  who  shall  employ  any  means 
for  the  measurement  of  the  powers  of  vision,  or  the  adaption  of  lenses 
for  the  aid  thereof,  or  who  shall,  in  the  sale  of  spectacles  or  eye-glasses 
or  lenses,  use  in  the  testing  of  the  eyes  therefor,  lenses  other  than  the 
lenses  actually  sold.  [Amendment  approved  March  25,  1909.  Stats.  1909, 
p.  775.] 

§2.  It  shall  be  unlawful  for  any  person  to  engage  in  the  practice  of 
optometry  in  the  state  of  California  unless  such  person  shall  have  ob- 
tained a  certificate  of  registration  from  the  California  state  board  of  ex- 
aminers in  optometry,  as  hereinafter  provided.  [Amendment  approved 
March  25,  1909.     Stats.  1909,  p.  775.] 


933  OPTOMETRY.  Act  2573,  §§  3-5 

§  3.  There  is  hereby  created  a  board,  whose  duty  it  shall  be  to  carry 
out  the  purposes  and  enforce  the  provisions  of  this  act,  and  shall  be 
styled  the  California  State  Board  of  Examiners  in  Optometry.  Said 
board  shall  be  appointed  by  the  governor  as  soon  as  practicable  after 
the  passage  of  this  act,  and  shall  consist  of  three  persons  actually  en- 
gaged in  the  practice  of  optometry  and  residing  in  the  state  of  Califor- 
nia. Each  member  of  said  board  shall  hold  office  for  a  term  of  six  years, 
one  member  of  the  board  to  retire  every  two  years,  but  members  shall 
hold  office  until  their  successors  are  appointed  and  qualified.  Appoint- 
ments to  fill  vacancies  caused  by  death,  resignation  or  removal,  shall  be 
made  for  the  residue  of  such  term  by  the  governor.  The  members  of  said 
board,  before  entering  upon  their  duties,  shall  respectively  take  and  sub- 
scribe to  the  oath  required  to  be  taken  by  other  state  officers,  and  filed 
with  the  clerk  of  the  county  in  which  said  member  resides  and  said  board 
shall  have  a  common  seal.  [Amendment  approved  February  28,  1907, 
Stats.  1907,  p.  64.] 

§4.  Said  board  shall  choose  at  its  first  regular  meeting,  and  annually 
thereafter,  one  of  its  members  president,  and  one  secretary  thereof,  who 
severally  shall  have  the  power  during  their  term  of  office  to  administer 
oaths  and  take  affidavits,  certifying  thereto  under  their  hand  and  the 
seal  of  the  board.  Said  board  shall  meet  at  least  once  in  each  year  at 
the  state  capitol,  and  in  addition  thereto,  whenever  and  wherever  the 
president  and  secretary  thereof  shall  call  a  meeting;  a  majority  of  said 
board  shall  at  all  times  constitute  a  quorum.  The  secretary  of  said 
board  shall  keep  a  full  record  of  the  proceedings  of  said  board,  which 
records  shall  at  all  reasonable  times  be  open  to  public  inspection. 

§  5.  Every  person,  before  beginning  to  practice  optometry  in  this  state 
after  the  passage  of  this  act,  shall  pass  an  examination  before  sai<l  board 
of  examiners.  Such  examination  shall  be  confined  to  such  knowledge  as 
said  board  deems  essential  to  the  practice  of  optometry.  Examinations 
shall  be  given  by  the  board  at  least  four  times  in  each  year,  the  first 
examination  to  begin  on  the  second  Monday  in  March,  and'  to  be  helu 
in  San  Francisco,  California;  the  second  to  begin  on  the  second  Monday 
in  June,  and  to  be  held  in  Los  Angeles,  California;  the  third  examina- 
tion to  begin  on  the  second  Monday  in  September,  and  to  be  held  in 
San  Francisco,  California,  and  the  fourth  examination  to  begin  on  the 
second  Monday  in  DecemlDer,  and  to  be  held  in  Los  Angeles,  California. 
Any  person  desiring  to  be  examined  by  said  board  must  fill  out  and 
swear  to  an  application  furnished  by  the  board,  and  must  file  the  same 
with  the  secretary  of  said  board  at  least  two  weeks  prior  to  the  holding 
of  an  examination  whiv^h  the  applicant  is  desirous  of  taking.  Each  ap- 
plicant on  making  application  shall  pay  to  the  secretary  of  the  board  a 
fee  of  twenty  dollars,  which  shall  be  for  the  use  of  said  board.  All  per- 
sons successfully  passing  such  examinations  shall  be  registered  in  the 
board  register,  which  shall  be  kept  by  said  secretary,  as  licensed  to  prac- 
tice eptometry,  and  shall  receive  a  certificate  of  such  registration,  to  be 


Act  2573,  §§  6-9  GENERAL  LAWS.  934 

signed  by  the  president  and  secretary  of  said  board,  upon  the  payment 
to  the  secretary  of  said  board  of  the  sum  of  five  dollars,  which  said  sum 
shall  be  for  the  use  of  said  board.  [Amendment  approved  March  25, 
1909.     Stats.  1909,  p.  775.] 

Also  amended  in  1907,  Stats.  1907,  p.  64. 

§  6.  Every  person  who  is  actually  engaged  in  the  practice  of  op- 
tometry in  the  state  of  California,  at  the  time  of  the  passage  of  this  act, 
shall,  within  six  months  thereafter,  file  an  affidavit  in  proof  thereof  with 
said  board,  who  shall  make  and  keep  record  of  such  person,  and  shall, 
in  the  consideration  of  the  sum  of  five  dollars,  issue  to  him  a  certificate 
of  registration. 

§  7.  All  persons  entitled  to  a  certificate  of  registration  under  the  full 
provisions  of  section  6,  shall  be  exempt  from  the  provisions  of  section  5 
of  this  act. 

§  8.  All  recipients  of  said  certificate  of  registration  shall  present  the 
same  for  filing  to  the  clerk  of  the  county  in  which  thej'  reside,  and  shall 
pay  a  fee  of  fifty  cents  to  the  clerk  for  recording  the  same.  Said  clerk 
shall  record  said  certificate  in  a  book  to  be  provided  by  him  for  that 
purpose.  Any  person  so  licensed  removing  his  residence  from  one  county 
to  another  in  this  state,  shall,  before  engaging  in  the  practice  of  optome- 
try in  such  other  county,  obtain  from  the  clerk  of  the  county  in  which 
said  certificate  of  registration  is  recorded  a  certified  copy  of  such  cer- 
tificate of  registration,  and  shall,  before  commencing  practice  in  such 
county,  file  the  same  for  record  with  the  clerk  of  the  county  to  which 
he  removes,  and  pay  the  clerk  of  said  county  for  recording  the  same  a 
fee  of  fifty  cents.  Any  failure,  neglect,  or  refusal  on  the  part  of  any 
person  holding  such  certificate  of  registration,  or  certified  copy  of  such 
certificate  of  registration,  to  record  the  same,  as  hereinbefore  provided, 
for  six  months  after  the  issuance  of  said  certificate  of  registration,  or 
from  the  date  of  removal  of  residence  shall  ipso  facto  work  the  forfeiture 
of  his  certificate  of  registration,  and  it  shall  not  be  restored  except  upon 
the  payment  of  twenty-five  dollars  to  the  California  state  board  of  ex- 
aminers in  optometry.  [Amendment  approved  March  25,  1909.  Stats. 
1909,  p.  776.] 

§  9.  Any  person  entitled  to  a  certificate,  as  provided  for  in  section  6 
of  this  act,  who  shall  not  within  six  months  after  the  passage  thereof 
make  written  application  to  the  board  of  examiners  for  a  certificate  of 
registration,  accompanied  by  a  written  statement,  signed  by  him,  and 
duly  verified  before  an  officer  authorized  to  administer  oaths  within  this 
state,  fully  setting  forth  the  grounds  upon  which  he  claims  such  certi- 
ficate, shall  be  deemed  to  have  waived  his  right  to  a  certificate  under  the 
provisions  or  refusal  on  the  part  of  any  person  holding  such  certificate 
under  the  provisions  of  such  section.  Any  failure,  neglect  or  refusal  on 
the  part  of  any  person  holding  such  certificate  to  file  the  same  for  rec- 


935  OPTOMERY.  Act  2573,  §§  10-12 

ord,  as  hereinbefore  provided,  for  six  months  after  the  issuance  thereof, 
shall  forfeit  the 


§  10.  Every  person  to  whom  a  certificate  of  examination  or  registra- 
tion is  granted  shall  display  the  same  in  a  conspicuous  part  of  his  office 
wnerein  the  practice  of  optometry  is  conducted. 

§  11.  Out  of  the  funds  coming  into  the  possession  of  said  board,  each 
member  thereof  may  receive  as  compensation,  the  sum  of  ten  dollars  for 
each  day  actually  engaged  in  the  duties  of  his  office,  and  mileage  at  five 
cents  per  mile  for  all  distances  necessarily  traveled  in  going  to  and 
coming  from  the  meetings  of  the  board.  Said  expense  shall  be  paid 
from  the  fees  and  assessments  received  by  the  board  under  the  provisions 
of  this  act,  and  no  part  of  the  salary  or  other  expense  of  the  board  shall 
ever  be  paid  out  of  the  state  treasury.  All  moneys  received  in  excess 
of  said  per  diem  allowance  and  mileage  as  above  provided  for,  shall  be' 
held  by  the  secretary  as  a  special  fund  for  meeting  the  expense  of  said 
board  and  carrying  out  the  provisions  of  this  act,  and  he  shall  give  such 
bonds  as  the  board  shall  from  time  to  time  direct,  and  the  said  board 
shall  make  an  annual  report  of  its  proceedings  to  the  governor  on  the 
first  Monday  in  January  of  each  year,  which  report  shall  contain  an 
account  of  all  moneys  received  and  disbursed  by  them  pursuant  to  this 
act.     [Amendment  approved  March  25,  1909.     Stats.  1909,  p.  776.] 

§  12.  Every  registered  optometrist  who  desires  to  continue  the  prac- 
tice of  optometry  in  this  state,  shall  annually,  on  or  before  the  first 
day  of  August  of  each  year,  pay  to  the  secretary  of  said  board  a  regis- 
tration fee  to  be  fixed  by  the  board,  and  which  shall  in  no  case  exceed 
the  sum  of  five  dollars  per  annum,  for  which  he  shall  receive  a  renewal 
of  such  registration,  and  in  case  of  the  default  of  such  payment  by  any 
person,  his  certificate  shall  be  revoked  by  the  board  of  examiners,  on 
twenty  days'  notice  in  writing  by  the  secretary  of  the  time  and  place 
of  considering  such  revocation,  and  the  deposit  of  said  notice  in  the 
United  States  postoffice,  addressed  to  the  person  at  his  last  known  place 
of  residence  or  business,  and  the  postage  prepaid  thereon,  shall  be  due 
and  legal  service  of  such  notice,  but  no  certificate  shall  be  revoked  for 
such  nonpayment  if  the  person  so  notified  shall  pay  before  or  at  the 
time  of  consideration  of  said  revocation  his  fee  and  such  penalty  as  may 
be  imposed  by  said  board;  provided  that  said  board  may  impose  a  penalty 
not  exceeding  ten  dollars  upon  persons  so  notified  as  a  condition  for 
allowing  certificates  to  stand  valid.  Any  person  whose  certificate  of 
registration  has  been  revoked  for  failure  to  pay  his  renewal  fee,  as  herein 
provided,  may  apply  to  have  the  same  regranted,  and  the  same  shall  be 
regranted  to  him  upon  his  paying  to  the  board  all  renewal  fees  that 
should  have  been  paid  had  the  certificate  of  registration  not  been  re- 
voked, together  with  a  penalty  of  twentv-five  dollars.  [Amendment  ap- 
proved March  25,  1909.  Stats.  1909,  p.  777.] 
Also  amended  in  1907,  Stats.  1907,  p.  65. 


A»t  2573,  §§  13-15  GENERAL  LAWS.  836 

§  13.  Any  person  registered  as  provided  for  in  this  act  may  have  his 
certificate  of  registration  revoked  or  suspended  by  the  California  State 
Board  of  Examiners  in  Optometry  for  any  of  the  following  clauses: 

1.  His  conviction  of  a  felony  or  misdemeanor  involving  moral  tur- 
pitude, in  which  case  the  record  of  conviction,  or  a  certified  copy  thereof 
certified  by  the  clerk  of  the  court,  or  by  the  judge  in  whose  court  the 
conviction  is  had,  shall  be  conclusive  evidence. 

2.  When  his  certificate  of  registration  has  been  secured  by  fraud  or 
deceit  practiced  upon  the  board. 

3.  For  unprofessional  conduct,  or  for  gross  ignorance  or  inefficiency 
in  his  profession.  Unprofessional  conduct  shall  mean  employing  what 
are  known  as  "cappers"  or  "steerers"  to  obtain  business;  the  obtaining 
of  any  fee  by  fraud  or  misrepresentation;  employing,  directly  or  indi- 
rectly, any  suspended  or  unlicensed  optician  or  optometrist  to  perform 
any  work  covered  by  this  act;  the  advertising  of  optical  business  or  treat- 
ment or  advice  in  which  untruthful,  improbable,  or  impossible  state- 
ments are  made;  or  habitual  intemperance,  or  gross  immorality. 

4.  When  the  holder  is  suffering  from  a  contagious  or  infectious  disease. 
Provided,  however,  that  before  any  certificate  shall  be  so  revoked  or 

suspended  the  holder  thereof  shall  have  notice  in  writing  of  the  charge 
or  charges  against  him,  and  at  a  date  specified  in  said  notice  at  least 
five  days  after  the  service  thereof,  be  given  a  public  hearing,  and  have 
an  opportunity  to  produce  testimony  in  his  favor,  and  to  confront  the 
witnesses  against  him.  Any  person  whose  certificate  has  been  suspended 
may,  after  the  expiration  of  ninety  days,  apply  to  have  the  same  re- 
granted,  and  the  same  shall  be  regranted  him  upon  a  satisfactory  show- 
ing that  the  disqualification  has  ceased.  [Amendment  approved  March 
25,  1909.     Stats.  1909,  p.  777.] 

§  14.  Any  person  who  shall  violate  any  of  the  previsions  of  this  act, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction,  shall  be 
fined  not  less  than  fifty  dollars,  nor  more  than  two  hundred  dollars,  or 
shall  be  confined  not  less  than  one  month,  nor  more  than  three  months 
in  the  county  jail;  or  fined  not  less  than  fifty  dollars,  nor  more  than 
two  hundred  dollars,  and  imprisoned  not  less  than  one  month,  nor  more 
than  three  months  in  the  county  jail,  and  in  default  of  payment  of  said 
fine,  shall  be  imprisoned  in  the  county  jail  at  the  rate  of  one  day  for 
every  two  dollars  of  the  fine  so  imposed,  and  all  fines  thus  received, 
shall  be  paid  to  the  secretary  of  the  board  for  the  purposes  of  the  en- 
forcement of  this  act.  [Amendment  approved  February  28,  1907.  Stats. 
1907,  p.  65.] 

§15.  All  justices  of  the  peace  and  the  respective  municijial  courts 
shall  have  jurisdiction  of  violations  of  this  act.  It  shall  be  the  duty  of 
the  respective  district  attorneys  to  prosecute  all  violations  of  this  act, 
and  it  shall  be  the  duty  of  police  officers,  sheriffs,  constables  and  mar- 
shals to  report  any  violations  of  this  act  to  the  secretary  of  the  Cali- 
fornia State  Board  of  Examiners  in  Optometry,  and  render  such  assistance 
to  the  board,  or  an  officer  thereof,  as  thoy  may  be  called  upon  to  per- 
form.    [Amendment  approved  March  25,  1909.     Stats.  1909,  p.  778.] 


937  ORANGE   COUNTY— ORDINANCES.  Acts  2578,  2583 

§  16.     Nothing  in  this  act  shall  be  construed  to  apply  to  physicians  or 
surgeons  authorized  to  practice  under  the  laws  of  the  state  of  California, 
nor  to  persons  who   sell  spectacles  or  eye-glasses,  or  lenses  as  merchan- 
dise.    [Amendment  approved  March  25,  1909.     Stats.   1909,  p.  778.] 
Also  amended  in  1907,  Stats.  1907,  p.  65. 

§  17.  It  shall  be  unlawful  for  the  board  of  examiners  in  optometry 
to  grant  a  certificate  to  any  one  in  the  state  of  California  under  legal 
age.     [Amendment  approved  February  28,  1907.     Stats'.  1907,  p.  65.] 

TITLE  363. 

ORANGE  COUNTY. 

ACT  2578. 

To  create  the  county  of  Orange,  to  define  the  boundaries  thereof,  to  de- 
termine   the    county    seat    by    an    election,    and    to    piuvide    for    its 
organization   and   election   of   officers,   and   to    classify   said   county. 
[Approved  March  11,  1889.     Stats.  1889,  p.  123.] 
Citations.      Cal.  81/491,  501;   104/236;   152/228. 

TITLE  364. 
ORDINANCES. 
Av/T  2583. 

An  act  to  require  ordinances  and  resolutions  passed  by  the  city  council 
or  other  legislative  body  of  any  municipality  to  be  presented  to  the 
mayor  or  other  chief  executive  officer  of  such  municipality  for  his 
approval.  [Approved  March  27,  1897.  Stats.  1897,  p.  190.'] 
Citations.  Cal.  118/486,  487;  123/460;  150/64.  App.  8/499,  500,  501,  503, 
504. 

Unconstitutional   as   to  cities  having  charters:    Morton  v.  Broderick,    118   Cal. 
486. 

§  1.  Every  ordinance  and  every  resolution  of  the  city  council  of  any 
municipality  providing  for  any  specific  improvement,  or  the  granting  of 
any  franchise,  or  other  privilege,  or  affecting  real  property  interests,  or 
the  expenditure  of  more  than  one  hundred  dollars  of  the  public  moneys, 
or  levying  tax  or  assessment,  or  establishing  rates  for  artificial  lic;ht, 
and  every  ordinance  or  resolution  imposing  a  duty  or  penalty,  which 
shall  have  passed  the  city  council,  shall,  before  it  takes  effect,  be  pre- 
sented to  the  mayor  for  his  approval.  The  mayor  shall  return  such  or- 
dinance or  resolution  to  the  city  council  within  ten  days  after  receiving 
it.  If  he  approve  it  he  shall  sign  it,  and  it  shall  then  take  effect.  If 
he  disapprove  it  he  shall  specify  his  objections  thereto  in  writing.  If 
he  do  not  return  it  with  such  disapproval  within  the  time  above  specified, 
it  shall  take  effect  as  if  he  ha^  approved  it.  The  objections  of  the 
mayor  shall  be  entered  at  large  on  the  journal  of  the  citj--  council,  and 
the  city  council  shall  cause  the  same  to  be  immediately  published.  The 
city  council  shall,  after  five,  and  within  thirty  days  after  such  ordinance 
or  resolution  shall  have  been  returned  with  the  mayor's  disapproval,  re- 


Acts  2588-2594  GENERAL  LAWS.  838 

consider  and  vote  upon  the  same;  and  if  the  same  shall,  upon  recon- 
sideration, be  again  passed  by  the  affirmative  vote  of  not  less  than 
three-fourths  of  all  the  members,  the  presiding  officer  shall  certify  that 
fact  on  the  ordinance  or  resolution,  and  when  so  certified,  it  shall  take 
effect  as  if  it  had  received  the  approval  of  the  mayor;  but  if  the  ordi- 
nance or  resolution  shall  fail  to  receive  upon  the  first  vote  thereon  after 
its  return  with  the  mayor's  disapproval,  the  affirmative  votes  of  three- 
fourths  of  all  thQ  members,  it  shall  be  deemed  finally  lost.  The  vote  on 
such  reconsideration  shall  be  taken  by  ayes  and  noes,  and  the  names  of 
the  members  voting  for  or  against  the  same  shall  be  entered  in  the 
journal;  provided,  that  the  provisions  of  this  section  shall  not  apply  to 
cities  in  which  the  mayor  is  a  member  of  the  city  council,  or  other  gov- 
erning body. 

§  2.  The  word  "municipality,"  and  the  word  "city,"  as  used  in  this 
act,  shall  be  understood  and  so  construed  as  to  include,  and  is  hereby 
declared  to  include,  all  corporations  heretofore  organized  and  now  exist- 
ing, and  those  hereafter  organized,  for  municipal  purposes. 

§3.  The  term  "city  council"  is  hereby  declared  to  include  any  body 
or  board  which,  under  the  law,  is  the  legislative  department  of  the  gov- 
ernment of  any  city. 

§4.  In  municipalities  in  which  there  is  no  mayor,  then  the  duties  im- 
posed upon  said  officer  by  the  provisions  of  this  act  shall  be  performed 
by  the  president  of  the  board  of  trustees,  or  other  chief  executive  officer 
of  the  municipality. 

§  5.  This  act  shall  take  effect  and  be  in  force  from  and  after  its  pas- 
sage, and  all  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby 
repealed. 

TITLE  365 
OEOVILLE. 
ACT  2588. 

To   supply  the  town  of  Oroville  with  water  for  fire   purposes.     [Stats, 
1877-78,  p.  796.] 

TITLE  366. 
ORPHAN  ASYLUM. 
ACT  2593. 

Appropriation  for  relief  of.     [Stats.  1871-72,  p.  903.] 
Apparently  superseded  by  1880,  p.   13. 

ACT  2594. 

In    relation    to    the    care    of    orphan    and    abandoned    children.     [Stats. 
1873-74,  p:  297.] 
Amended   1877-78,  p.   72. 

Partly  codified  by  amendment  of  the  Penal  Code  1905:  See   §  271a  of  the  Penal 
Code.      See,   also,   §  2-16,  subd.  4,  of  the  Civil  Code. 


939  OSTEOPATHY — OYSTERS.  Acts  2595-2609 

This  act  required  the  quarterly  publication  of  the  names  of  children  admitted 
and   also   provided  as   to  what   constituted  an   abandonment   of   children. 

ACT  2595. 

Appropriating  money  for  support  of  orphans,  half-orphans,  and  abandoned 
children.     [Stats.  1880,  p.  13.] 

Amended  1883,  p.  57;   1907,  p.  856. 

Citations.      Cal.  115/535;    123/151;    136/64;    189/400,   402,   406,   407,   408. 

Codified  by  §§  2283-2290  of  Political  Code:  See  Political  Code,  §§  2283-2200. 

ACT  2596. 

To  authorize  managers  of  orphan  asylums  to  give  their  consent  to  the 

adoption  of  certain  children  under  their  care.     [Approved  April  1, 

1878.     Stats.  1877-78,  p.  963.] 

See  Civil  Code,   §  224. 

ACT  2597. 

To  provide  for  the  appointment  of  guardians  of  children  in  orphan  asylums 

maintained   in   any   orphans'   home   or   orphan   asylum  in   this   state. 

[Stats.  1893,  p.  203.] 

This  act  appears  in  full  in  Appendix,  Civil  Code,  p.  1911. 

TITLE  367. 
OSTEOPATHY. 
ACT  2602. 

An  act  to  regulate  the  practice  of  osteopathy  in  the  state  of  California, 
and  to  provide  for  a  state  board  of  osteopathic  examiners,  and  to 
license  osteopaths  to  practice  in  this  state,  and  punish  persons  vio- 
lating the  provisions  of  this  act.  [Became  a  law  under  constitu- 
tional provision  without  governor's  approval,  March  9,  1901.  Stats. 
1901,  p.  113.] 
Amended   1909,  p.  418. 

Probably  superseded  by  the  act  of  March  14,  1907,  regulating  the  practice 
of  medicine,  surgery,  osteopathy  and  other  modes  of  treating  the  sick  or  af- 
flicted: See  ante,  Act  2163. 

TITLE  368. 
OYSTEES. 
ACT  2607. 

Concerning  oysters.     [Stats.  1851,  p.  432.J 
Continued   in   force   by   codes,— Penal   Code,    §  23 ;    Political    Code,    §  19,— and 
later  repealed.   Stats.   1873-74,   p.  941. 

ACT  2608. 

Concerning  oyster-beds.     [Stats.   1865-66,  p.   848.J 
Continued  in  force.  Penal  Code,  §  23;  Political  Code,   §  19,  and  later  repealed, 
Stats.  1873-74,  p.  940. 

ACT  2609. 

Encouraging  planting  and  cultivation  of.     [Stats.  1873-74,  p.  940.] 
CiUtions.     Oal.  1 5  0/  3  9  4. 


Act  2614,  §§  1-4  GENERAL  LAWS.  940 

TITLE  369. 

PAEIS  GEEEN. 
ACT  2614. 

An  act  to  prevent  fraud  in  the  sale  of  paris  green  used  as  an  inseeticicle, 
[Became    a   law   under   constitutional    provision    without    governor's   ap- 
proval, February  28,  1901.     Stats.  1901,  p.  69.] 

§  1.  It  shall  be  the  duty  of  each  and  every  manufacturer  of  paris 
green  (commercial  aceto-arsenite  of  copper)  to  be  used  as  an  insecticide 
within  this  state,  and  of  every  dealer  in  original  packages  of  said  paris 
green  manufactured  outside  of  this  state,  before  the  said  paris  green  is 
offered  or  exposed  for  sale,  or  sold  within  this  state  as  an  insecticide,  to 
submit  to  the  director  of  the  California  agricultural  experiment  station 
at  Berkeley,  samples  of  said  paris  green,  and  a  written  or  printed  state- 
ment setting  forth:  First,  the  brands  of  said  paris  green  to  be  sold,  the 
number  of  pounds  contained  in  each  package  in  which  it  is  put  on  the 
market  for  sale,  the  name  or  names  of  the  manufacturers  and  the  place 
of  manufacturing  the  same;  second,  the  statement  shall  set  forth  the 
amount  of  combined  arsenic  which  the  said  paris  green  contains,  and  the 
statement  so  furnished  shall  be  considered  as  constituting  a  guarantee 
to  the  purchaser  that  every  package  of  such  paris  green  contains  not  less 
than  the  amount  of  combined  arsenic  set  forth  in  the  statement. 

§2.  Every  purchaser  of  said  paris  green  in  original  packages,  which 
is  manufactured  outside  of  this  state,  who  intends,  to  sell  or  expose  the 
same  for  sale,  and  every  manufacturer  of  said  paris  green  within  this 
state,  shall,  after  filing  the  statement  above  provided  for,  with  the  di- 
rector of  the  California  agricultural  experiment  station  at  Berkeley,  re- 
ceive from  the  said  director  a  certificate  stating  that  he  has  complied 
with  the  foregoing  statement,  which  certificate  shall  be  furnished  with- 
out charge  therefor;  said  certificate  when  furnished  shall  authorize  the 
party  when  receiving  the  same  to  deal  in  this  state  in  the  said  paris 
green.  Any  person  who  fails  to  comply  with  the  terms  of  section  1  of 
this  act  shall  not  be  entitled  to  such  certificate  and  shall  not  be  entitled 
to  deal  in  said  paris  green  within  this  state.  Nothing  in  this  section 
shall  be  construed  as  applying  to  retail  dealers  selling  said  paris  green 
which  has  already  been  labeled  and  guaranteed. 

§  3.  Paris  green,  when  sold,  offered  or  exposed  for  sale,  as  an  in- 
secticide, in  this  state,  shall  contain  at  least  fifty  per  centum  of  arsenious 
oxide  and  shall  not  contain  more  than  four  per  centum  of  the  same  in 
the  uncombined  state. 

§4.  The  director  of  the  California  state  agricultural  station  at 
Berkeley  shall  examine  or  cause  to  be  examined  different  brands  of  paris 
green  sold,  offered  or  exposed  for  sale  within  the  state,  and  cause  samples 
of  the  same  to  be  analyzed,  and  shall  report  results  of  analyses  forthwith 
to  the  secretary  of  the  state  board  of  horticulture  and  to  the  party  or 
parties  submitting  said  samples,  and  such  report  shall  be  final  as  regards 
its  quality. 


941  PAROLE   COMMISSIONERS.  Acts  2619,  2620 

§  5.  Any  person  or  persons,  firm,  association,  company  or  corporation 
violating  any  of  the  provisions  of  this  act,  and  any  person  who  shall  sell 
any  package  of  paris  green  or  any  part  thereof  which  has  not  been 
labeled  as  herein  provided,  shall  be  guilty  of  a  misdemeanor,  and  shall 
be  fined  not  less  than  fifty  dollars  nor  more  than  two  hundred  dollars, 
together  with  the  costs  of  the  suit  in  an  action  caused  to  be  brought  by 
the  state  board  of  horticulture  through  its  secretary  in  the  name  of  the 
people  of  the  state  of  California. 

§  6.  The  attorney  general  of  the  state  of  California  ig  charged  with 
the  prosecution  of  all  such  suits. 

§7.     This  act  shall  take  eifect  immediately. 

TITLE  370. 
PAEOLE  COMMISSIONEES. 
ACT  2619. 

To  establish  board  of  parole  commissioners  for  the  parole  of  and  govern- 
ment of  paroled  prisoners.     [Stats.  1893,  p.  183.] 
Amended   1901,  p.   82. 
This  act  appears  in  full  in  Appendix,  Penal  Code,  p.  2147. 

ACT  2620. 

An  act  to  provide  for  the  creation  of  a  board  of  parole  commissioners  for 
each  county  in  this  state,  for  the  paroling  of  prisoners  confined  in 
county  jails,  and  authorizing  and  empowering  such  boards  to  make 
rules  and  regulations  in  relation  thereto. 

[Approved  March  25,  1909.     Stats.  1909,  p.  783.] 

§  1.  A  board  of  parole  commissioners  consisting  of  the  sheriff  and 
district  attorney  is  hereby  created  for  each  county  in  this  state,  who 
shall  establish  rules  and  regulations  under  which  any  prisoner  who  is 
now  or  hereafter  may  be  imprisoned  in  the  county  jail  of  said  county 
after  judgment  of  conviction  for  the  commission  of  a  misdemeanor,  may 
be  allowed  to  go  upon  parole  outside  of  the  said  jail,  but  to  remain  while 
on  parole  in  the  legal  custody  and  under  the  control  of  the  board  estab- 
lishing said  rules  and  regulations,  and  subject  at  any  time  to  be  take'^ 
back  within  the  enclosure  of  said  jail;  and  full  power  to  make  and  en- 
force such  rules  and  regulations  and  retake  and  imprison  any  prisoner 
so  upon  parole  is  hereby  conferred  upon  the  said  board  hereinbefore 
mentioned,  whose  written  order  shall  be  a  sufficient  warrant  for  all 
officers  named  therein  to  authorize  such  officer  to  return  to  actual  custody 
any  conditionally  released  or  paroled  prisoner,  and  it  is  hereby  made  the 
duty  of  all  chiefs  of  police,  marshals  of  cities  and  villages,  and  sheriffs 
of  counties,  and  all  police  and  peace  officers  and  constables  to  execute 
any  such  order  in  like  m.anner  as  ordinary  criminal  process.  If  any 
prisoner  so  paroled  shall  leave  the  county  in  which  he  was  so  imprisoned 
without  permission  from  the  board  granting  his  parole,  he  shall  be  held 
as  an  escaped  prisoner  and  arrested  as  such. 

§2.     Thig  act  shall  take  effect  immediately  from  and  after  its  passage. 


Acts  2624-2631  GENERAL  LAWS.  942 

TITLE  371. 

PARTNERSHIPS. 
ACT  2624. 

To    authorize    the    formation   of    special    partnerships.     [Stats.    1869-70, 
p.  123.] 
Superseded  by  Civil  Code,   §§  2477-2485. 

TITLE  372. 
■     PASADENA. 
ACT  2627. 

Charter  of  Pasadena.     [Stats.  1901,  p.  884.] 

Amended   1905,   p.    1011;    1909,   p.   1198. 
Citations.     Cal.  152/589,  592. 

TITLE  373. 
PAUPERS. 
ACT  2629. 

To  provide  for  the  indigent  sick  in  the  counties  of  this  state.     [Stats. 
1855,  p.  67.] 
Probably   repealed  by   the    County   Government   Act:    See   Power   v.    May,    123 
Cal.    147,    150.      Compare   the    act   of    1901,    p.    636,    to    provide   for    the   mainte- 
nance and  support  of  indigent,   incompetent,  and  incapacitated  persons. 

ACT  2630. 

Appropriation    for   support    of   aged    persons   in   indigent    circumstances. 
[Stats.  1883,  p.  380.] 
Repealed  1895,  p.  23. 

This    act   provided   for   a   per   capita    appropriation   for   persons   maintained    in 
institutions. 

Citations.     Cal.  69/74;    77/134;    114/395;    123/151;    136/64;    138/59. 

ACT  2631. 

An  act  to  provide  for  the  maintenance  and  support,  in  certain  cases,  of 
indigent,  incompetent,  and  incapacitated  persons  (other  than  persons 
adjudged  insane  and  confined  within  state  hospitals),  becoming  a 
public  charge  upon  the  counties  or  cities  and  counties  within  the 
state  of  California,  and  for  the  payment  thereof  into  a  fund  for  the 
maintenance  and  support  of  such  persons. 

[Approved  March  23,  1901.     Stats.  1901,  p.  636.] 
Citations.     Cal.  143/70. 

§  1.  Every  county  and  every  city  and  county  shall  relieve  and  sup- 
port all  pauper,  incompetent,  poor,  indigent  persons  and  those  incapac- 
itated by  age,  disease,  or  accident,  lawfully  resident  therein,  when  such 
persons  are  not  supported  and  relieved  by  their  relatives  or  friends,  or 
by  their  own  means,  or  by  state  hospitals  or  other  state  or  private  in- 
stitutiousL. 


943  PAUPERS.  Act  2631,  §§  2-6 

§  2.  The  term  "residence"  as  used  in  this  act  shall  be  taken  to  mean 
and  shall  be  considered  to  mean  the  actual  residence  of  each  of  such 
persons,  or  the  place  where  such  person  was  employed,  or  in  case 
such  person  was  in  no  employment,  then  it  shall  be  considered  and  held 
to  be  the  place  where  such  person  made  his  or  her  home,  or  his  or  her 
headquarters. 

§  3.  Every  person,  firm  or  corporation,  or  the  officers,  agents,  servants, 
or  employees  of  any  person,  firm  or  corporation,  bringing  into  or  leaving 
within,  or  procuring  the  bringing  into  or  the  leaving  within,  or  aiding 
in  the  bringing  into  or  the  leaving  within,  of  any  pauper  or  poor  or  in- 
digent or  incapacitated  or  incompetent  person  as  hereinbefore  mentioned, 
in  any  county  or  city  and  county  in  the  state  of  California,  wherein  such 
person  is  not  lawfully  settled  or  not  lawfully  residing  as  herein  defined, 
knowing  him  to  be  such  pauper,  poor,  indigent,  or  incapacitated  or  in- 
competent person,  shall  be  guilty  of  a  misdemeanor. 

§  4.  If  any  person  shall  become  chargeable  as  a  pauper,  or  poor,  or 
indigent,  or  incapacitated,  or  incompetent  person  as  herein  designated, 
in  any  county,  or  city  and  county,  who  did  not  reside  therein  (as  herein 
specified)  at  the  commencement  of  three  months  immediately  preceding 
his  becoming  so  chargeable,  but  did  at  that  time  reside  (as  herein  speci- 
fied) in  some  other  county,  or  city  and  county  in  this  state,  it  shall  be 
the  duty  of  the  county  clerk  of  said  first-mentioned  county  or  city  and 
county  to  send  written  notice  by  mail  or  otherwise  to  the  county  clerk 
of  the  county  or  city  and  county  in  which  such  person  so  resided,  re- 
questing the  proper  authorities  of  such  county  or  city  and  county  to  re- 
move such  person  forthwith,  and  to  pay  the  expenses  accruing  or  to 
accrue,  in  taking  care  of  such  person;  and  such  county  or  city  and  county, 
wherein  such  person  resided  at  the  commencement  of  the  three  months 
immediately  preceding  such  person's  becoming  chargeable  as  a  poor, 
indigent,  or  incapacitated,  or  incompetent  person  as  herein  designated, 
shall  pay  to  the  county  or  city  and  county  so  taking  care  of  such  person 
all  reasonable  charges  for  the  same,  and  such  amount  may  be  recovered 
by  suit  in  any  court  of  competent  jurisdiction  by  such  county  or  city 
and  county. 

§5.  It  shall  be  the  duty  of  the  superintendent  of  any  county  hospital 
or  almshouse  in  any  county  or  city  and  county  in  this  state,  or  his  sub- 
ordinates, immediately  upon  receiving  any  person  into  such  hospital  or 
almshouse  as  a  public  charge,  such  person  being  poor,  indigent,  or  in- 
capacitated, or  incompetent  as  herein  defined,  or  any  registrar  of  chari- 
ties or  of  any  charity  supported  by  public  funds  or  aided  in  part  by 
public  funds,  aiding  such  person,  to  make  diligent  inquiry  into  the  ability 
of  such  person  or  of  his  relatives  as  hereinafter  mentioned  to  bear  the 
actual  charges  and  expenses  of  the  maintenance  and  support  of  such  per- 
son, and  to  forthwith  notify  the  district  attorney  of  such  county  or  city 
and  county,  or  the  city  and  county  attorney  thereof,  and  the  board  of 
supervisors  of  such  county  or  city  and  county,  of  the  result  of  such  in- 
quiry. 


Act  2631,  §§  6,  7  GENERAL  LAWS.  944 

§  6.  In  case  such  person  shall  be  or  shall  thereafter  become  the  owner 
of  property,  real,  personal,  or  mixed,  it  shall  be  the  duty  of  the  district 
attorney  of  the  county,  or  city  and  county,  or  the  city  and  county  at- 
torney thereof,  in  which  such  person  shall  become  a  public  charge,  in 
whole  or  in  part,  to  cause  the  entire  or  partial  support  as  hereinafter 
provided  to  be  fixed,  of  such  person  to  be  made  out  of  such  property,  and 
to  that  end  shall  procure  by  suit  or  otherwise  the  assignment  and  pay- 
ment for  such  purpose  of  all  annuities  and  pensions;  and  in  case  such 
person  shall  be  incompetent  or  a  minor,  within  the  provisions  of  the 
codes  relating  to  the  guardianship  of  the  persons  and  estates  of  incom- 
petent persons  and  minors,  it  shall  be  the  duty  of  the  district  attorney 
of  such  county,  or  city  and  county,  or  the  city  and  county  attorney 
thereof,  to  apply  to  the  proper  court  for  the  appointment  of  a  general 
guardian  of  the  person  and  estate,  or  either,  of  such  person  or  minor 
Such  application  and  appointment  shall  be  made  in  the  manner  as  pro- 
vided by  the  codes  of  this  state  for  the  application  for  the  appointmenl 
of  guardians  of  infants  and  incompetent  persons,  and  all  proceedings 
thereunder,  except  as  herein  expressly  declared  otherwise,  shall  be  in 
accordance  with  such  provisions  of  said  codes,  and  the  public  support 
of  such  minor  or  such  incompetent  shall  be  deemed  one  of  the  grounds 
for  which  an  application  may  be  made  on  behalf  of  such  person  for  the 
sale  of  his  property,  as  in  the  Code  of  Civil  Procedure  provided.  From 
the  proceeds  of  the  property  of  said  person  or  from  such  other  funds 
as  such  guardian  may  obtain,  or  from  such  funds  as  the  district  attorney 
of  the  county,  or  the  city  and  county,  or  the  city  and  county  attorney 
thereof,  may  be  able  to  collect,  there  shall  be  paid  into  the  county 
treasury  of  the  county,  the  sum  per  month  fixed  by  the  board  of  super- 
visors of  such  county  or  city  and  county,  quarterly  in  advance,  for  the 
maintenance  and  support  of  any  such  person  or  pauper;  and  there  shall 
also  be  paid  out  of  the  proceeds  of  such  sale  or  such  other  funds,  such 
clothing  and  other  supplies  as  may  have  been  furnished  to  such  person 
or  pauper. 

If  any  pauper,  indigent,  poor,  incompetent,  or  incapacitated  person 
has  kindred  of  the  degree  of  husband,  wife,  children  (other  than  minors), 
father  or  mother,  brother  or  sister,  grand-children,  or  grand-parents  liv- 
ing within  this  state,  of  sufficient  pecuniary  ability,  such  kindred  in  the 
order  above  named  shall  support  such  person  by  paying  into  the  county 
treasury  of  such  county,  the  sum  per  month  fixed  on  by  the  board  of 
supervisors,  quarterly  in  advance,  for  the  maintenance  and  support  of 
such  pauper,  indigent,  poor,  incompetent  or  incapacitated  person,  and 
shall  in  the  order  above  named,  also  pay  for  the  clotlung  and  other  sup- 
plies, if  any,  furnished  to  such  person.  And  if  it  shall  be  that  the  rela- 
tives liable  as  aforesaid  are  not  of  sufficient  ability  wholly  to  maintain 
such  poor  person  or  pauper,  but  are  able  to  contribute  something,  they 
shall  be  required  to  pay  a  sum  in  proportion  to  their  ability. 

§  7.  Upon  the  failure  on  the  part  of  said  kindred  to  perform  such  duty, 
an  action  shall  be  brought  by  the  district  attorney  of  the  county  or  the 
city  and  county,  or  the  city  and  county  attorney  thereof,  in  the  name  of 


945  PAWNBROKERS.  Acts  2636,  2637 

the  county  or  city  and  county,  against  said  kindred  in  the  order  above 
named.  And  such  action  shall  be  prosecuted  as  are  all  other  actions  for 
the  recovery  of  money  in  this  state. 

§  8.  If  there  be  in  the  hands  of  any  guardian  of  any  such  person  or 
in  the  hands  of  any  officer  of  said  county  upon  the  discharge  or  death 
of  said  person,  any  funds,  the  same  shall  be  refunded  after  the  payment 
of  all  the  claims  of  the  said  county  or  city  and  county  thereon  and  of 
the  funeral  expenses,  in  case  of  death  of  such  person. 

§  9.  All  moneys  derived  in  accordance  with  the  provisions  of  this  act 
shall  be  paid  into  such  fund  of  the  county  or  city  and  county  as  is  used 
for  the  support  and  furtherance  of  the  care  of  the  persons  herein  re- 
ferred to. 

§  10.     This  act  shall  take  effect  immediately. 

TITLE  374. 
PAWNBKOKERS. 
ACT  2636. 

To  define  the  duties  and  liabilities  of  pawnbrokers  and  pledgees.     [Stats. 
1861,  p.  184.] 
Amended    1869-70,    p.    820;    1871-72,    p.    102.     Superseded    by    Penal    Code, 
§5  338-343. 

ACT  2637. 

An  act  to  define  personal  property  brokers  and  regulate  their  charge  and 

business. 

[Approved  April  16,  1909.     Stats.  1909,  p.  969.] 

Personal  property  broker  defined. 

§  1.  That  every  person  or  corporation  engaged  in  the  business  of  loan- 
ing or  advancing  money  or  other  thing  and  taking  in  whole  or  in  part 
as  security  for  such  loan  or  advance  any  chattel  mortgage,  bill  of  sale 
or  other  obligation  or  contract  involving  the  forfeiture  of  rights  in  or 
to  personal  property,  the  use  or  possession  of  which  is  retained  by  other 
than  the  mortgagee  or  lender,  or  engaged  in  the  business  of  loaning 
or  advancing  money  or  other  thing,  and  taking  either  in  whole  or  in  part 
as  security  therefor  any  lien  on,  assignment  of  or  power  of  attorney 
relative  to  wages,  salary,  earnings,  income  or  commissions,  shall  be  held, 
and,  for  the  uses  and  purposes  of  this  act,  la  hereby  declared  and  de- 
fined to  be  a  personal  property  broker. 

Percentage  that  may  be  charged. 

§2.  Such  personal  property  broker  may  charge,  receive  and  collect 
a  benefit  or  percentage  upon  money  or  other  thing  advanced,  or  for  the 
use  and  forbearance  thereof,  of  five  per  centum  per  month  where  such 
loan  or  advance  is  made  upon  securit}'  properly  falling  within  the  scope 
of  business  as  set  forth  in  section  1  hereof. 
Gen.  Laws — 60 


Act  2637,  §§  3-6  GENERAL  LAWS,  946 

Further  charges  forbidden.    Exception. 

§  3.  No  further  or  other  charges  either  for  recording,  insuring  or 
examining  the  security  or  property,  or  for  the  drawing,  executing  or 
filing  of  papers,  or  for  any  services  or  upon  any  pretext  whatsoever  be- 
yond the  aforesaid  charge  for  interest  or  discount  shall  be  asked,  charged, 
or  in  any  way  received,  where  the  same  would  thereby  make  a  greater 
charge  for  the  money  or  thing  advanced  than  the  aforesaid  rate  of  five 
per  centum  per  month,  and  where  made,  all  such  charges  sail  be  con- 
sidered and  be  of  the  same  effect  as  so  much  added  interest;  provided, 
however,  that  with  the  consent  of  the  borrower  he  may  be  required  to 
pay  the  fees  or  charges  actually  expended  where  the  same  are  made 
necessary  by  law  to  give  full  legal  effect  to  any  instrument  given  here- 
under. 

Excess  of  legal  rate  forbidden. 

§  4.  No  contract  of  any  kind  or  nature  made  by  any  personal  property 
broker  which  comes  within  the  scope  of  business  as  set  forth  in  section 
1  hereof,  or  which  in  any  way  involves  any  security  given  to  secure  the 
performance  of  such  contract,  shall  be  valid  or  of  any  force,  virtue  or 
effect,  either  at  law  or  in  equity,  if  there  is  therein  or  thereon  directly 
or  indirectly  charged,  accepted  or  contracted  to  be  received  or  paid, 
either  in  money,  goods,  discount,  or  thing  in  action,  or  in  any  other  way, 
a  greater  benefit,  rate  of  discount,  or  interest  than  the  rate  of  five  per 
centum  per  month;  and  if  a  greater  benefit,  rate  of  discount  or  interest 
than  five  per  centum  per  month  is  directly  or  indirectly  advanced  or  paid 
upon  any  such  contract  as  is  in  this  section  designated,  the  excess  above 
tlie  said  rate  of  five  per  centum  per  month  so  advanced  or  paid  may  be 
demanded  and  recovered  by  the  person  or  his  legal  representatives  or 
assigns  who  advanced  or  paid  the  same  from  the  person  or  corporation 
either  to  whom  or  for  whose  use  or  benefit  such  payment  or  advance  or 
any  part  thereof  was  made. 

Loan  tickets. 

§  5.  Whenever  a  loan  or  advance  shall  be  made,  renewed  or  extended, 
hereunder  there  shall  be  given  to  the  borrower  a  ticket  or  memorandum 
plainly  inscribed  with  the  name  of  the  person  or  corporation  mailing 
the  loan,  and  members  or  general  partners  of  the  same  if  it  be  a  firm, 
partnership  or  association,  and  further  designating  the  number  and  nature 
of  the  instruments  taken  as  security,  the  number  of  notes  and  amount 
of  each,  and  the  name  of  the  party  or  parties  in  whose  favor  each  of  the 
aforesaid  papers  are  executed,  when  the  same  are  payable,  the  amount 
actually  advanced  thereon,  the  amount  including  all  interest  and  expenses 
charged  or  to  be  paid  for  such  loan  or  advance,  and  copies  of  sections 
2,  3  and  4  of  this  act. 

Violation  of  act,  penalty  for. 

§6.  The  failure  of  any  person  or  corporation,  or  any  employee,  em- 
ployees, agent,  agents,  representative  or  representatives  making,  renew- 
ing or  extending  a  loan  or  advance  properly  falling  within  the  scope 
of  business  as  set  forth  in  section  1  of  this  act  to  comply  with  any  or 


947  PENSIONS— PETALUMA.  Acts  2641-2655 

any  part  of  the  provisions  of  section  5  hereof,  shall  be  punishable  by  a 
fine  of  not  to  exceed  fifty  dollars  for  the  first  oflcnse,  and  by  a  fine  of 
not  to  exceed  two  hundred  dollars  for  each  subsequent  offense. 

TITLE  375. 
PENSIONS. 
ACT  2641. 

Authorizing  county  clerks  to  take  affidavits  for  pension  claimants  with- 
out payment  of  fees  or  compensation.      [Stats.  1887,  p.  81.] 
This  act  appears  in  full  in  Appendix,  Political  Code,  p.  1782. 
See  Political   Code,   §  4302. 

TITLE  376. 

PESTHOUSES. 
ACT  2646. 

To  prevent  the  establishment  of  pesthouses  within  the  limits  of  any  town 
or  city.     [Stats.  1853,  p.  35.] 
Superseded  by  Penal  Code,  §  373. 

TITLE  377. 
PETALUMA. 
ACT  2651. 

Reincorporating.     [Stats.  1873-74,  p.  703.] 
Amending    and    supplementing    act    of    March    27,    1868.     Repealed    1873-74, 
p.   865. 

ACT  2652. 

Reincorporating.     [Stats.  1867-68,  p.  383.] 
Amended  1871-72,  p.  48;    1873-74,  pp.  23,    357,   703,   865;    1875-76,  p.   288. 
Superseded  in  1884  by  incorporating  under  the  statute  of  1883. 

ACT  2653. 

Powers  and  duties  of  board  of  education  of.     [Stats.  1871-72,  p.  5.] 

Sections  5  and  15  amended,  and  section  16  and  17  repealed,  1875-76,  p.  121. 
Two  sections  numbered  16  and  17  added,  1877-78,  p.  291.  The  city  was  rein- 
corporated in  1884,  under  the  statute  of  1883. 

ACT  2654. 

Providing  a  system  of  sewerage  for.     [Stats.  1877-78,  p.  436.] 
Superseded    by    incorporating,    in    1884,    under   Municipal    Corporation   Act   of 
1883. 

ACT  2655. 

To  widen   English  Street,  and  to   take  private  lands  therefor.     [Stats. 
1875-76,  p.  473.] 
Amended  1877-78,  p.  203. 
Citations.     Oal.  152/193. 


Acts  2660-2664  GENERAL  LAWS.  948 

TITLE  378. 

PETALUMA  CEEEK. 
ACT  2660. 

Erection  and  maintenance  of  a  drawbridge   across,  hj  the  trustees  of 
Petaluma,  act  authorizing.     [Stats.  1875-76,  p.  726.] 

ACT  2661. 

To  improve  the  navigation  of.     [Stats.  1859,  p.  214.] 
Amended  1865-66.  p.  525. 

TITLE  379. 
PHAEMACY. 
ACT  2664. 

An  act  to  regulate  the  practice  of  pharmacy  in  the  state  of  California. 
[Approved  March  20,  1905.     Stats.  1905,  p.  535.] 
Amended  1907,  p.  766;   1909,  p.  1013.      (See  1907,  p.  124.) 
The  title  of   this   act  was  amended  March   21,    1907,    Stats.   1907,   p.   766,   to 
read  as  follows:    "An  act  to  regulate   the   practice   of  pharmacy  in  the   state  of 
California,   and  to  provide   a  penalty  for  the  violation   thereof;   and  for   the   ap- 
pointment of  ^  board  to  be  known  as  the  California  state  board  of  pharmacy." 

§  1.  From  and  after  the  passage  of  this  act  it  shall  be  unlawful  for 
any  person  to  manufacture,  compound,  sell,  or  dispense  any  drug,  poison, 
medicine  or  chemical,  or  to  dispense  or  compound  any  prescription  of  a 
medical  practitioner,  unless  such  person  be  a  registered  pharmacist  or 
a  registered  assistant  pharmacist  within  the  meaning  of  this  act,  except 
as  hereinafter  provided.  Every  store,  dispensary,  pharmacy,  laboratory 
or  office  for  the  sale,  dispensing  or  compounding  of  drugs,  medicines  or 
chemicals,  or  for  the  dispensing  of  prescriptions  of  medical  practitioners, 
shall  be  in  charge  of  a  registered  pharmacist.  A  registered  assistant 
pharmacist  may  be  left  in  charge  of  a  store,  dispensary,  pharmacy, 
laboratory  or  office  for  the  sale,  dispensing,  or  compounding  of  drugs, 
medicines  or  chemicals,  or  for  the  dispensing  of  prescriptions  of  medical 
practitioners  only  during  the  temporary  absence  of  the  registered  phar- 
macist. Temporary  absence  within  the  meaning  of  this  act  shall  be  held 
to  be  only  those  unavoidable  absences  which  may  occur  during  a  day's 
work,  and  when  the  registered  pharmacist  in  charge  shall  be  within  im- 
mediate call,  ready  and  able  to  assume  the  direct  supervision  of  said 
pharmacy.  No  registered  assistant  shall  conduct  a  pharmacy.  Every 
store  or  shop  where  drugs,  medicines  or  chemicals  are  dispensed  or  sold 
at  retail,  or  displayed  for  sale  at  retail,  or  where  prescriptions  are  com- 
pounded, which  has  upon  it  or  in  it  as  a  sign,  the  words  "pharmacist," 
"pharmaceutical  chemist,"  "apothecary,"  "druggist,"  "pharmacy,"  "drug- 
store," "drugs,"  or  any  of  these  words,  or  the  characteristic  show-bottles 
or  globes,  either  colored  or  filled  with  colored  liquids,  shall  be  deemed 
a  "pharmacy"  within  the  meaning  of  this  act. 

§2.  Any  person  in  order  to  be  a  registered  pharmacist  must  be  a 
licentiate  in  pharmacy,  or  a  practicing  pharmacist. 


9-49  PHARMACY.  Act  2664,§§  3-5 

§3.  Licentiates  in  pharmacy  are  persons  who  have  had  five  years'  ex- 
perience in  stores  where  the  prescriptions  of  medical  practitioners  are 
compounded,  and  shall  have  passed  an  examination  before  the  state  board 
of  pharmacy,  or  who  shall  present  satisfactory  evidence  to  the  said  board 
that  they  have  had  twenty  years'  actual  experience  in  the  practice  of 
pharmacy,  and  have  also  been  registered  as  a  licentiate,  or  assistant 
pharmacist  in  good  standing  in  any  state  or  territory  for  a  period  of  at 
least  ten  years  prior  to  the  date  of  their  application;  provided,  that 
graduates  from  a  reputable  college  of  pharmacy  may  be  registered  after 
eighteen  years  of  like  experience.  Practicing  pharmacists  are  persons 
who,  at  the  passage  of  this  act,  are  registered  as  such,  and  who  shall 
have  on  or  before  the  first  day  of  January  next  succeeding  the  passage 
of  this  act,  paid  to  the  board  of  pharmacy  of  this  state  all  moneys  due 
for  renewal  of  registration  as  required  by  the  acts  of  the  legislature 
regulating  the  practice  of  pharmac}'  in  the  state  of  California,  approved 
March  11,  1891,  and  March  15,  1901.  [Amendment  approved  April  21,' 
1909.     Stats.  1909,  p.  1013.] 

§  4.  Eegistered  assistant  pharmacists  are  persons  who  at  the  time  of 
the  passage  of  this  act  are  already  registered  as  such,  and  who  S'hall 
have  on  or  before  the  first  day  of  January  next  succeeding  the  passage 
of  this  act  paid  to  the  board  of  pharmacy  of  this  state  all  moneys  due 
for  renewal  of  registration  as  required  by  the  acts  of  the  legislature 
regulating  the  practice  of  pharmacy  in  the  state  of  California,  approved 
March  11,  1891,  and  March  15,  1901;  provided,  that  no  person  shall  be 
examined  or  registered  as  a  licentiate,  unless  such  person  has  had  five 
years'  pharmaceutical  experience  in  a  pharmacy  under  the  supervision  of 
a  registered  pharmacist;  and  provided  further,  that  no  person  shall  be 
examined  or  registered  as  an  assistant  pharmacist  from  and  after  the 
passage  of  this  act;  unless  such  person  shall  be  not  less  than  eighteen 
years  of  age  and  has  had  not  less  than  three  years'  instruction  and  ex- 
perience in  a  pliarmacy,  under  a  registered  pharmacist;  or  has  been  regis- 
tered as  an  apprentice  as  provided  in  section  15  of  this  act  for  not  less 
than  three  years;  and,  provided  further,  that  an  applicant  for  registra- 
tion as  an  assistant  pharmacist  must  first  pass  a  satisfactory  examination 
before  the  board  of  pharmacy. 

§  5.  The  governor  shall  appoint  seven  competent  registered  pharma- 
cists, residing  in  different  parts  of  the  state,  to  serve  as  a  board  of  phar- 
macy. The  members  of  the  board  shall,  within  thirty  (30)  days  after 
their  appointment,  individually  take  and  subscribe  before  the  county 
clerk,  in  the  county  in  which  they  individually  reside,  an  oath  faithfully 
and  impartially  to  discharge  the  duties  prescribed  by  this  act.  They 
shall  hold  office  for  the  term  of  four  (4)  years,  and  until  their  successors 
are  appointed  and  have  qualified.  In  case  of  vacancy  in  the  board  of 
pharmacy,  the  governor  shall  fill  the  same  by  appointing  a  member  to 
serve  for  the  remainder  of  the  term  only.  The  office  of  tlio  board  shall 
be  located  in  San  Francisco.  The  board  shall  organize  by  electing  a 
president,  a  secretary,  and  a  treasurer.     The  secretary  may  or  may  not  be 


Act  2664,  §§  6,  7  GENERAL  LAWS.  950 

a  member  of  the  board  as  the  board  in  its  sound  discretion  shall  deter- 
mine. The  secretary  and  treasurer  shall  each  give  a  satisfactory  bond 
running  to  the  board  of  pharmacy  in  a  sum  of  not  less  than  two  thousand 
dollars,  and  such  greater  sum  as  the  board  may  from  time  to  time,  require 
for  the  faithful  discharge  of  their  respective  duties. 

§  6.  It  shall  be  the  duty  of  the  secretary  to  keep  a  book  of  registration 
open  at  the  city  of  San  Francisco,  in  vphich  shall  be  entered  under  the 
supervision  of  the  board,  the  names,  titles,  qualifications,  and  places  of 
business  of  all  persons  coming  under  the  provisions  of  this  act.  The 
secretary  shall  give  receipts  for  all  moneys  received  by  him  and  pay  the 
same  to  the  treasurer  of  the  board,  taking  his  receipt  for  the  same.  The 
treasurer  shall  disburse  the  same  by  order  of  the  board  for  necessary  ex- 
penses, taking  proper  vouchers  therefor.  The  balance  of  said  money, 
after  paying  the  expenses  of  the  board,  he  shall  pay  to  the  state  treasurer, 
who  shall  keep  it  in  a  special  fund  to  be  used  in  carrying  out  the  provi- 
sions of  this  act.  It  shall  be  the  duty  of  the  secretary  of  the  board  to 
erase  from  the  register  the  name  of  any  registered  pharmacist  or  assist- 
ant pharmacist  who  has  died,  or  who  in  the  opinion  of  the  board  has  for- 
feited his  right  under  the  law  to  do  business  in  this  state.  Beside  the 
duties  required  by  this  act,  it  shall  be  the  duty  of  the  secretary  to  per- 
form such  other  reasonable  duties  appertaining  to  his  office,  as  may  be 
required  of  him  by  the  board  of  pharmacy.  The  secretary  shall  receive 
such  compensation  as  may  be  fixed  by  the  board  of  pharmacy,  if  he  be  a 
member  of  the  board,  then  such  compensation  shall  be  in  addition  to  his 
per  diem  as  a  member  of  said  board. 

§7.  Four  members  of  the  board  shall  constitute  a  quorum.  They  shall 
hold  a  meeting  at  least  once  in  every  four  months. 

Powers  and  Duties  of  the  Board. 

Subdivision  1.     The  state  board  of  pharmacy  shall  have  power: 

(a)  To  make  such  by-laws  and  regulations,  not  inconsistent  with  the 
laws  of  this  state,  as  may  be  necessary  for  the  protection  of  the  public, 
appertaining  to  the  practice  of  pharmacy  and  the  lawful  performance  of 
its  duties. 

(b)  To  regulate  the  practice  of  pharmacy. 

(c)  To  regulate  the  sale  of  poisons. 

(d)  To  regulate  the  quality  of  all  pharmaceutical  preparations  and 
medicines  dispensed  or  sold  in  this  state,  using  the  United  States  Pharma- 
copoeia or  National  Formulary,  as  the  standard. 

(e)  To  investigate  all  complaints  as  to  the  quality  and  strength  of  all 
pharmaceutical  preparations  and  medicines,  and  to  take  such  action  as 
may  be  necessary  to  prevent  the  sale  of  such  as  do  not  conform  to  the 
standard  and  tests  prescribed  in  the  latest  edition  of  the  United  States 
Pharmacopoeia  or  National  Formulary. 

(f)  To  employ  inspectors  of  pharmacy  and  to  inspect  during  business 
hours  all  pharmacies,  dispensaries,  stores,  or  places  in  which  drugs,  mcil'- 
cines  and  poisons  are  compounded,  dispensed  or  retailed,  and  to  cause 


951  PHARMACY.  Act  2664,  §§  8,  9 

the  prosecution  of  all  persons  whenever  there  appears  to  the  board  to  be 
reasonable    ground    for    such    action. 

(g)  To  examine  and  register  as  pharmacists  and  assistant  pharmacists 
all  applicants  whom  it  shall  deem  qualified  to  be  such.  All  persons  ap- 
plying for  registration,  under  this  act,  shall  pay  the  follov/ing  fees  there- 
for to  the  secretary  of  the  board  of  pharmacy:  Every  applicant  for  regis- 
tration, other  than  that  of  an  apprentice,  shall  pay  a  fee  of  ten  dollars 
on  filing  his  or  her  application,  which  shall  be  compensation  to  the  board 
of  pharmacy  for  investigation  or  examination  of  the  applicant;  and  if  the 
board  finds  that  any  applicant  for  registration  on  experience  and  creden- 
tials is  entitled  to  be  registered,  then  he  or  she  shall  pay  an  additional 
fee  of  fifteen  dollars  upon  the  issuance  of  certificate  of  such  registration; 
and  any  licentiate  found  by  the  board  on  ex'amination  to  be  entitled  to 
a  certificate  shall  pay  the  additional  sum  of  five  dollars  upon  the  issu- 
£.nce  of  certificate;  all  applicants  for  examination  as  assistant,  if  found, 
satisfactory  by  the  board,  shall  be  entitled  to  their  certificate  witliout 
further  fee;  and  provided  further,  that  an  applicant  for  registration  on 
experience  and  credentials  may  at  his  or  her  option  be  examined  as  a 
licentiate   without    further   fee    for   application. 

(h)  In  the  event  any  person  having  registered  shall  have  lost  his 
or  her  certificate,  or  the  same  has  been  destroyed,  or  if  he  or  she  desires 
the  renewal  of  the  same,  a  new  certificate  may  be  issued  by  said  board 
upon  the  applicant  paying  therefor  the  sum  of  three  dollars;  provided 
further,  that  where  the  original  certificate  is  not  lost  or  destroyed,  then 
the  certificate  shall  be  surrendered  before  a  renewal  of  same  shall  be 
issued;  and  provided  further,  that  the  board  shall  have  power  to  require 
satisfactory  evidence  from  the  applicant  of  the  loss  or  destruction  of  the 
certificate;  and  provided  further,  that  where  the  applicant  is  delinquent 
for  the  annual  dues  required  by  this  act  then  he  or  she  shall  be  re- 
quired to  pay  to  said  board  sufficient  fees  to  cover  his  delinquency  in 
that  behalf  before  he  or  she  shall  be  entitled  to  a  reissue  of  the  certificate 
in  this  subdivision  provided  for. 

(i)  To  provide  by  proper  rules  and  regulations  for  the  revocation  by 
said  board  of  licenses  issued  under  the  provisions  of  this  act,  whenever 
the  holder  of  such  license  shall  be  guilty  of  habitual  intemperance  or 
addicted  to  the  use  of  narcotic  drugs,  or  shall  have  been  convicted  of  a 
felony.  [Amendment  approved  April  21,  1909.  Stats.  1909,  p.  1013.] 
Also  amended  in  1907,   Stats.  1907,  p.  766. 

§  8.  No  member  of  the  board  shall  teach  pharmacy  in  any  of  its 
branches,  unless  it  be  as  a  teacher  in  a  public  capacity  and  in  a  college 
of  pharmacy.  The  members  of  the  board  of  pharmacy  shall  each  be  paid 
the  sum  of  eight  dollars  per  diem  for  every  meeting  of  the  board  which 
they  attend,  together  with  their  necessary  expenses,  and  mileage  at  the 
rate  of  five  cents  per  mile  for  each  mile  necessarily  traveled.  All  com- 
pensation of  members  and  all  other  expenses  of  the  board,  shall  be  paid 
out  of  the  examination  and  registration  fees  and  fines. 

§9.  Every  person  holding  a  certificate  from  said  board  shall  renew 
annually  their  registration  with  said  board;  and  every  registered  pharma- 


Act  2664,  §§  10,  11  GENERAL  LAWS.  852 

cist,  and  every  assistant  registered  pharmacist  who  desires  to  retain  his 
registration  on  the  books  of  the  board  of  pharmacy  in  this  state  shall 
annually,  after  the  expiration  of  the  first  year's  registration  and  on  or 
before  the  first  day  of  July  of  each  succeeding  year,  pay  to  the  secre- 
tary of  the  board  of  pharmacy  a  renewal  fee,  to  be  fixed  by  the  board, 
which  shall  not  exceed  two  dollars  for  registered  pharmacist  and  one 
dollar  for  assistant  registered  pharmacist,  in  return  for  which  fee  a 
renewal  certificate  of  registration  shall  be  issued.  In  case  any  person 
defaults  in  payment  of  said  fee  his  or  her  registration  may  be  revoked 
by  the  board  of  pharmacy  on  sixty  days'  notice,  in  writing  from  the  sec- 
retary, unless  within  said  time  the  fee  is  paid,  together  with  such  penalty 
not  exceeding  ten  dollars,  as  the  board  may  impose.  Upon  payment  of 
said  fee  and  penalty  the  board  must  reinstate  the  delinquent's  registra- 
tion. No  person  having  received,  or  who  may  hereafter  receive  a  certifi- 
cate of  regi-jtration  as  a  pharmacist  or  assistant  pharmacist,  shall  engage 
in  business  as  pharmacist  or  assistant  pharmacist,  in  any  county  of  this 
state  in  which  he  or  she  shall  locate,  or  into  which  he  or  she  shall  after- 
wards remove,  until  he  or  she  shall  have  had  such  certificate  recorded 
in  the  office  of  the  county  clerk  of  such  county,  and  it  is  hereby  made  the 
duty  of  the  county  clerk  to  record  such  certificate  in  a  book  to  be  pro- 
vided and  kept  for  that  purpose,  and  the  county  clerk  is  authorized  to 
charge  a  fee  of  fifty  cents  for  the  recording  of  such  certificate — to  be 
paid  by  the  person  offering  such  certificate  for  record.  Each  pharmacist 
or  assistant  pharmacist  holding  a  certificate  of  registration  as  a  pharma- 
cist, or  assistant  pharmacist,  and  being  engaged  in  business  as  a  pharma- 
cist or  assistant  pharmacist,  shall  have  such  certificate  recorded,  as  is  in 
this  section  provided,  within  thirty  days  after  the  taking  effect  of  this 
act.  The  record  of  the  certificate  required  by  this  section,  or  a  certified 
copy  thereof,  shall  be  evidence  in  all  courts  that  the  person  holding  it 
was  registered  as  evidenced  by  said  certificate  on  the  date  of  the  same. 
Any  registered  pharmacist  or  assistant  registered  pharmacist  failing  to 
comply  with  any  of  the  foregoing  provisions  shall  be  deemed  guilty  of 
a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined  not  less  than 
five  dollars  nor  more  than  twenty-five  dollars.  Upon  the  certificate  being 
recorded  as  herein  provided,  it  shall  be  the  duty  of  the  coun-ty  clerk  to 
notify  the  secretary  of  the  board  of  pharmacy  of  the  name  of  the  party 
and  the  date  of  such  record.  [Amendment  approved  March  21,  1907. 
Stats.  1907,  p.  767.     In  effect  in  sixty  days.] 

§  10.  Every  person  upon  receiving  a  certificate  of  registration  under 
this  act,  or  who  has  heretofore  received  a  certificate  of  registration  in 
this  state,  shall  keep  his  last  receipt  for  re-registration,  conspicuously  ex- 
posed in  his  place  of  business.  Every  registered  pharmacist,  and  assist- 
ant pharmacist,  shall  within  thirty  days  after  the  changing  of  his  place 
of  business  as  designated  on  the  books  of  the  board  of  pharmacy,  notify 
the  secretary  of  the  board  of  his  new  place  of  business,  and  upon  receipt 
of  said  notification,  the  secretary  shall  make  the  necessary  change  in  his 
register. 

§11.  Every  proprietor  or  manager  of  a  pharmacy  or  drugstore  ehall 
be  held  responsible  for  the  quality  of  all  drugs,  chemicals  and  me^cines 


I 


«53  PHARMAOT.  Act  2664.  §  12 

sold  or  dispensed  by  him,  except  those  sold  in  the  original  packages  of 
the  manufacturer  and  except  those  articles  or  preparations  known  as  pat- 
ent or  proprietary  medicines.  Any  persons  who  shall  knowingly,  will- 
fully, or  fraudulently  falsify  or  adulterate,  or  cause  to  be  falsified  or 
adulterated,  any  drug  or  medicinal  substance,  or  any  preparation  au- 
thorized or  recognized  by  the  pharmacopoeia  of  the  United  States  or  used, 
or  intended  to  be  used,  in  medical  practice,  or  shall  mix,  or  cause  to  be 
mixed,  with  any  such  drug  or  medicinal  substance  any  foreign  or  inert 
substance  whatever,  for  the  purpose  of  destroying  or  weakening  its  medi- 
cinal power  or  effect,  or  of  lessening  its  cost,  and  shall  willfully,  know- 
ingly, or  fraudulently  sell  the  same,  or  cause  it  to  be  sold,  for  medi- 
cinal purposes,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  punished  by  a  fine  of  not  less  than  fifty  dollars  and  not 
more  than  two  hundred  dollars,  or  hy  imprisonment  for  not  less  than  fifty 
days  and  not  more  than  two  hundred  days,  or  by  both  such  fine  and  im- 
prisonment. 

Every  registered  pharmacist  shall  file  or  cause  to  be  filed,  all  physician's 
prescriptions,  or  a  copy  thereof,  compounded  'or  dispensed  in  his  phar 
macy  or  store,  and  anj^  person  who  shall  willfully  fail  so  to  do  shall  be 
deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall  be 
liable  to  a  fine  not  exceeding  fifty  dollars;  and  for  such  subsequent  offense 
shall  be  liable  to  a  fine  of  not  less  than  fifty  dollars,  and  not  more  than 
one  hundred  dollars.  The  state  board  of  pharmacy  may  at  any  time, 
when  in  their  judgment  it  appears  advisable,  deputize  one  of  their 
members,  or  any  other  competent  person,  to  investigate  any  suspected 
violation  of  any  of  the  provisions  of  this  act,  and  if  the  result  of  such 
investigation  seems  to  the  board  to  justify  such  action  the  board  shall 
cause  the  prosecution  of  any  person  violating  any  of  the  provisions  of 
this  act.     [Amendment  approved  April  21,  1909.     Stats.  1909,  p.  10.15.] 

§  12.  Any  person  who  shall  attempt  to  secure,  or  secures  registration 
for  himself  or  any  other  person  under  this  act  by  making  or  causing  to 
be  made  any  false  representations,  or  who  shall  fraudulently  represent 
himself  to  be  registered,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  liable  to  punishment  by  a  fine  not  ex- 
ceeding one  hundred  dollars,  or  by  imprisonment  for  a  term  not  exceed- 
ing fifty  days,  or  by  both  such  fine  and  imprisonment.  Any  person  who 
shall  permit  the  compounding  of  prescriptions  of  medical  practitioners, 
or  the  selling  of  drugs  and  medicines,  in  his  or  her  store  or  pharmacy, 
except  under  the  direct,  immediate  and  personal  supervision  of  a  regis- 
tered pharmacist,  or  any  person  not  registered  who  shall  retail  medicine, 
poisons  or  chemicals,  except  in  a  pharmacy  under  the  direct,  immediate 
and  personal  supervision  of  a  registered  pharmacist,  or  any  person  vio- 
lating any  of  the  provisions  of  this  act,  when  no  other  penalty  is  pro- 
vided, shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  liable  to  punishinent  by  a  fine  of  not  less  than  twenty 
dollars,  and  not  more  than  one  hundred  dollars,  or  by  imprisonment  of  not 
exceeding  fifty  days,  or  by  both  such  fine  and  imprisonment.  All  fines 
recoverable  under  this  act  shall  be  paid  by  the  magistrate  receiving  the 
same  to  the  state  board  of  pharmacy.     Any  person  convicted  of  violating 


Act  2664,  §§  13,  14  GENERAL  LAWS.  954 

the  provisions  of  this  act  the  third  time  shall  in  addition  to  the  penal- 
ties hereinbefore  mentioned  have  his  or  her  registration  as  a  pharmacist 
canceled.  Nothing  in  this  act  shall  apply  to  or  interfere  with  any  prac- 
titioner of  medicine  who  is  duly  registered  as  such  by  the  state  board 
of  medical  examiners  of  this  state  with  supplying  his  own  patients,  as 
their  physician,  and  by  them  employed  as  such,  with  such  remedies  as 
he  may  desire  and  who  does  not  keep  a  pharmacy,  open  shop,  or  drug- 
store, advertised  or  otherwise  for  the  retailing  of  medicines  or  poisons, 
nor  does  this  act  apply  to  the  exclusively  wholesale  business  of  any 
dealer.  Nor  does  this  apply  to  registered,  trademarked  or  copyrighted 
proprietary  medicines,  registered  in  the  United  States  patent  office  nor 
to  the  sale  of  proprietary  medicines,  when  manufactured  under  the 
supervision  of  a  registered  pharmacist  in  the  state  of  California  for 
which  trademarks  may  have  been  filed  with  the  secretary  of  state  of 
California,  by  merchants  possessing  a  license  issued  by  the  board  of 
pharmacy  as  described  in  section  16  of  this  act.  [Amendment  approved 
March  21,  1907.     Stats.  1907,  p.  768.     In  effect  in  sixty  days.] 

§  13.  Any  proprietor  of  a  pharm_acy,  who  shall  fail,  or  neglect  to 
place  in  charge  of  such  pharmacy  a  registered  pharmacist,  or  any  pro- 
prietor, who  shall  by  himself,  or  any  other  person,  permit  the  compound- 
ing of  prescriptions,  or  the  vending  of  drugs,  medicines,  or  poisons,  in  his 
or  her  store,  or  place  of  business,  except  by  or  in  the  presence  and  under 
the  direct,  immediate  and  personal  supervision  of  a  registered  pharmacist, 
or  any  person,  not  being  a  registered  pharmacist,  who  shall  take  charge 
of,  or  act  as  manager  of  any  pharmacy,  or  store,  or  who,  not  being  a 
registered  pharmacist,  retails,  compounds,  or  dispenses  drugs,  medicines, 
or  poisons,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  liable  to  a  fine  of  not  less  than  twenty  ($20)  dollars  and  not 
more  than  one  hundred  dollars,  or  by  imprisonment  for  a  term  of  not 
exceeding  fifty  days,  or  by  both  such  fine  and  imprisonment.  [Amend- 
ment approved  April  21,  1909.  Stats.  1909,  p.  1015.1 
Also  amended  in   1907,   Stats.  1907,  p.   769. 

§  14.  Any  member  of  the  board  of  pharmacy,  or  inspector  duly  au- 
thorized by  said  board  may  examine  applicants  orally,  or  in  writing,  and 
issue  a  temporary  certificate  to  practice  pharmacy,  which  shall  authorize 
such  practice  for  a  period  not  to  exceed  four  months  from  its  date. 
The  issuance  of  such  temporary  certificate  shall  not  entitle  the  holder 
thereof  to  a  permanent  certificate,  and  no  permanent  certificate  shall  be 
issued  to  such  holder  until  he  passes  a  satisfactory  examination  by  the 
board.  Only  one  temporary  certificate  shall  ever  be  issued  to  the  same 
applicant,  and  no  temporary  certificate  shall  be  granted  to  any  person 
whose  application  has  been  denied  by  the  board.  The  member  or  author- 
ized inspector  conducting  the  examination  as  herein  set  forth  shall  be 
entitled  to  charge  and  receive  the  sum  of  three  dollars  for  such  certifi- 
cate, said  moneys  to  be  paid  to  the  board  of  pharmacy.  [Amendment 
approved  April  21,  1909.  Stats.  1909,  p.  1016.] 
Also  amended  in  1907,  Stats.  1907,  p.  769. 


955  PHARMACY.  Act  2664,  §§  15,  16 

§  15.  It  shall  be  the  duty  of  all  registered  pharmacists  who  take  into 
their  employ  an  apprentice,  whose  purpose  it  is  to  become  a  pharmacist, 
to  report  to  the  board  of  pharmacy  such  facts  regarding  his  schooling 
and  preliminary  qualifications  as  the  board  of  pharmacy  may  require  for 
the  purpose  of  registration  as  an  apprentice.  The  board  of  pharmacy 
shall  adopt  a  standard  of  qualifications  regarding  schooling  and  prelim- 
inary qualifications  for  all  persons  desiring  to  be  registered  as  appren- 
tices, as  provided  for  in  this  section.  The  pharmaceutical  experience  of 
every  apprentice  shall,  after  the  passage  of  this  act,  be  deemed  to  begin 
on  the  date  on  which  he  began  the  study  of  pharmacy,  and  such  date 
shall  be  inserted  in  the  certificate  of  registration  of  said  apprentice,  pro- 
vided the  preliminary  qualifications  have  been  found  satisfactory  by  the 
board.  Sworn  testimony  shall  be  furnished  the  board  upon  which  they 
shall  determine  the  date  as  aforesaid.  The  date  so  determined  and 
entered  as  aforesaid  shall  be  deemed  to  be  the  beginning  of  the  appli- 
cant's pharmaceutical  experience  for  the  purpose  of  this  act;  provided, 
that  the  students  matriculating  and  attending  any  reputable  college  of 
pharmacy  shall  be  registered  as  apprentices  upon  such  fact  being  shown. 
The  board  shall  keep  a  register  for  the  registration  of  apprentices  and 
furnish  upon  application  proper  blanks  for  this  purpose.  No  apprentice 
shall  be  permitted  to  sell  drugs,  medicines,  or  poisons,  or  compound  pre- 
scriptions except  under  the  direct,  immediate  and  personal  supervision 
of  a  registered  pharmacist.  No  registered  apprentice  shall  ever  be  left 
in  charge  of  a  pharmacy.  No  applicant  for  registration  as  an  appren- 
tice shall  be  registered  as  such  if  such  applicant  has  had  more  than 
three  years'  experience  in  a  pharmacy,  but  must  apply  for  registration 
as  assistant  pharmacist.  [Amendment  approved  March  21,  1907.  Stats. 
1907,  p.  770.     In  effect  in  sixty  days.] 

§16.  The  board  of  pharmacy  shall  issue  a  permit  to  general  dealers 
in  rural  districts  in  which  the  conditions,  in  their  judgment,  do  not 
justify  the  employment  of  a  registered  pharmacist,  and  where  the  store 
of  such  general  dealer  is  not  less  than  three  miles  distant  from  the  store 
of  a  registered  pharmacist;  which  said  permit  shall  authorize  the  per- 
sons or  firm  named  therein  to  sell  in  such  locality,  but  not  elsewhere,  and 
under  such  restrictions  and  regulations  as  said  board  may  from  time  to 
time  adopt,  the  following  simple  household  remedies  and  drugs,  and  no 
other,  in  such  manner  and  form  as  may  be  hereafter  authorized  by  said 
board,  as  follows,  to  wit: 

Tincture  of  arnica,  spirits  of  camphor,  almond  oil,  distilled  extract 
witch-hazel,  paregoric,  syrup  of  ipecac,  syrup  of  rhubarb,  hive  syrup, 
sweet  spirits  of  nitre,  tincture  of  iron,  epsom  salts,  rochelle  salts,  senna 
leaves,  carbonate  of  magnesia,  seidlitz  powders,  quinine,  cathartic  pills, 
chamomile  flowers,  caraway  seed,  chlorate  of  potash,  moth  balls,  plasters, 
salves,  ointments,  peroxide  of  hydrogen,  copperas,  gum  camphor,  blue 
ointment,  asafoetida,  saffron,  anise  seed,  saltpetre. 

The  board  shall  charge  an  annual  fee  of  eight  dollars  in  advance  for 
such  permit,  and  it  shall  be  unlawful  for  any  dealer  to  sell  any  drugs 
or  ordinary  household  remedies  without  complying  with  the  requirements 


Act  2664,  §§  17,  18  GENERAL  LAWS.  956 

of  this  section.  Whenever  a  registered  pharmacist  shall  establish  a 
pharmacy  within  three  miles  by  the  shortest  road  from  the  place  of 
business  of  such  general  dealer,  no  further  license  shall  be  granted,  and 
the  license  already  issued  shall  be  void,  provided  that,  the  following 
drugs,  medicines  and  chemicals  may  be  sold  by  grocers  and  dealers  gen- 
erally without  restriction,  viz.: 

Glauber  salts,  vaseline,  turpentine,  condition  powders,  cream  of  tar- 
tar, carbonate  of  soda,  bay  rum,  essence  of  Jamaica  ginger,  essence  of 
peppermint,  ammonia,  alum,  castor  oil,  bicarbonate  of  soda,  chloride  of 
lime,  glycerine,  witch-hazel,  sheep  dip,  borax,  sulphur,  blue-stone,  flax- 
seed, Insect  powder,  fly  paper,  ant  poison,  squirrel  poison,  and  gopher 
poison,  and  arsenical  poisons  used  for  orchard  spraying,  when  prepared 
and  sold  only  in  original  and  unbroken  packages  and  labeled  with  the 
official  poison  labels.  [Amendment  approved  April  21,  1909.  Stats.  1909, 
p.  1016.] 

Also  amended  in  1907,  Stats.  1907,  p.  770. 

§  17.  It  shall  be  the  duty  of  the  board  of  pharmacy,  by  resolution,  at 
least  annually  to  request  of  the  chief  of  police,  marshal  or  constable  of 
every  city,  town  or  township  in  this  state,  to  furnish  a  list  of  all  drug- 
stores, together  with  the  names  of  the  owners,  managers,  and  all  em- 
ployees in  said  stores,  and  a  brief  statement  of  the  capacity  in  which 
said  persons  are  employed  in  said  stores,  and  also  the  firm  name  of  all 
stores  retailing  drugs,  medicines  or  poisons.  Upon  such  request  in  writ- 
ing, it  shall  be  the  duty  of  the  chief  of  police,  marshal,  or  constable  of 
said  city,  town  or  township  to  require  the  patrolmen  or  deputies  under 
their  command,  upon  their  respective  beats,  to  obtain  such  lists  as  are 
in  this  section  specified,  and  deliver  the  same  to  the  board  of  pharmacy. 
It  shall  be  the  duty  of  the  owner  or  manager  of  any  drugstore  or  other 
store  retailing  drugs,  medicines  or  poisons  when  called  upon  by  an  officer 
as  above  set  forth,  or  by  a  member  of  the  board  of  pharmacy,  or  a  duly 
authorized  inspector,  to  furnish  said  officer,  member  of  the  board  of 
pharmacy  or  duly  authorized  inspector  with  the  information  required. 
Any  person  refusing  to  furnish  the  information,  or  willfully  furnishing 
information  that  is  false  or  untrue  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  shall  be  punished  by  a  fine  of  not 
less  than  twenty  dollars  nor  more  than  fifty  dollars,  or  by  imprisonment 
for  not  less  than  ten  days  and  not  more  than  thirty-five  days,  or  by  both 
such  fine  and  imprisonment.  [Amendment  approved  March  21,  1907. 
Stats.  1907,  p.  770.     In  effect  in  sixty  days.] 

§  18.  The  several  penalties  prescribed  in  this  act  may  be  recovered 
in  any  court  having  jurisdiction,  by  a  civil  action  instituted  by  the  board 
of  pharmacy,  in  the  name  of  the  state  of  California,  or  by  criminal 
prosecution  upon  complaint  being  made;  and  it  shall  be  the  duty  of  the 
district  attorney  of  the  county  wherein  viofations  of  the  provisions  of 
this  act  occur,  to  conduct  all  such  actions  and  prosecutions  at  the  re- 
quest of  the  board. 


9,57  PHARMACY.  Acts  2665,  2666 

§  19.  All  persons  registered  under  this  act  shall  be  exempt  and  free 
from  jury  duty. 

§  20.  This  act  shall  take  effect  July  1,  1905,  and  all  laws  in  conflict 
with  this  act,  in  and  so  far  as  they  conflict),  are  hereby  repealed. 

The  title  of  the  amendatory  act  of  April  21,  1909,  stated  that  it  also  amended 
§§4,  5,  and  6,  but  the  body  of  the  act  did  not  contain  such  amendments. 
Act  regulating  sale  of  poisons:   See  Stats.  1907,  p.   124. 

ACT  2665. 

An  act  to  regulate  the  work  and  hours  of  employees  engaged  in  selling, 
at  retail,  drugs  and  medicines,  and  compounding  physicians'  pre- 
scriptions, and  providing  a  penalty  for  the  violation  thereof. 

[Approved.  February  28,  1905.     Stats.  1905,  p.  28.] 
Amended  1907,  p.  273. 

§  1.  As  a  measure  for  the  protection  of  public  health,  no  person 
employed  by  any  person,  firm  or  corporation,  shall  for  more  than  an 
average  of  ten  hours  a  day  or  sixty  hours  a  week  of  six  consecutive 
calendar  days,  perform  the  work  of  selling  drugs  or  other  medicines,  or 
compounding  physicians'  prescriptions,  in  any  store,  establishment  or 
place  of  business,  where  and  in  which  drugs  or  medicines  are  sold,  at 
retail,  and  where  and  in  which  physicians'  prescriptions  are  compounded; 
provided,  that  the  answering  of  and  attending  to  emergency  calls  shall 
not  be  construed  as  a  violation  of  this  act. 

§  2.  No  person,  firm  or  corporation  employing  another  person  to  do 
work  which  consists  wholly  or  in  part  of  selling,  at  retail,  drugs  or 
medicines,  or  of  compounding  physicians'  prescriptions,  in  any  store,  or 
establishment  or  place  of  business  where  or  in  which  medicines  are  sold 
and  where  and  in  which  physicians'  prescriptions  are  compounded  shall 
require  or  permit  said  employed  person  to  perform  such  work  for  more 
than  an  average  of  ten  hours  a  day,  or  sixty  hours  a  week  of  six  con- 
secutive calendar  days. 

§  3.  Any  person,  firm  or  corporation  violating  any  of  the  provisions 
of  this  act  shall  be  deemed  guilty  of  misdemeanor  and  shall  be  pun- 
ished therefor  by  a  fine  not  less  than  twenty  dollars  nor  more  than 
fifty  dollars,  or  by  imprisonment  for  not  exceeding  sixty  days,  or  by 
both  such  fine  and  imprisonment,  at  the  discretion  of  the  court. 

§  4.  All  acts  or  parts  of  acts  inconsistent  with  the  provisions  of  this 
act  are  hereby  repealed. 

§  5.  The  commissioners  of  the  state  bureau  of  labor  statistics  are 
hereby  authorized,  directed  and  empowered  to  enforce  the  provisions  of 
this  act.     [Amendment  approved  March  15,  1907.     Stats.  1907,  p,  273.] 

ACT  2666. 

To  regulate  the  practice  of  pharmacy  and  sale  of  poisons  in  the  state  of 
California.     [Approved  March  11,  1891.     Stats.  1891,  p.  86.] 
Amended  1893,  p.  68.     Repealed  1901,  p.  304. 


Acts  2667-2686  GENERAL  LAWS.  958 

ACT  2667. 

An  act  to  regulate  the  practice  of  pharmacy  and  sale  of  poisons  in  the 
state  of  California.      [Stats.  1901,  p.  299.] 
Probably    superseded    by    act    of    1905,    p.    535,    to    regulate    the    practice    of 
pharmacy:   See  ante,  Act    2664. 

Superseded  by   1905,   p.   535,    and   Penal   Code,    §  347a    (1905,    p.   765).     See 
1907,   p.   124. 

PHYSICIANS. 
Sea  tit.   "Medicine,"   ante. 

TITLE  380. 
PILOTS. 
ACT  2672. 

To  provide  for  the  appointment  of  pilots  at  the  port  of  Wilmington  and 
the  bay  of  San  Pedro,  and  defining  their  duties  and  compensation. 
[Stats.  1889,  p.  416.] 

TITLE  381. 
PITT  EIVER. 
ACT  2677. 

To   provide   for   removing   obstructions   in.     [Stats.   1901,   p.   808.] 

ACT  2678. 

To  provide  for  removal  of  obstructions  in,  above  the  mouth  of  Hat 
Creek,  so  as  to  enable  salmon  to  reach  the  spawning  grounds  jn 
the  upper  waters  of  said  river  and  its  tributaries.  [Stats.  1880,  p. 
104.] 

TITLE  382. 
PLACER  COUNTY. 
ACT  2683. 

Trespassing  of  animals  in   certain  townships.     [Stats.   1875-76,   p.   542.] 
Modified,    if    not    repealed,    by    the    astray    law    of    1897,    p.    198,    and    1901, 
p.   603. 

ACT  2684. 

Providing    for    location,    construction,    and    maintenance    of     highways. 
[Stats.  1871-72,  p.  142.] 
Repealed  1883,  p.  5,  c.  X,   §  2. 

ACT  2685. 

Providing  for  the  location   and  better   maintenance   of   roads   and  high- 
ways.    [Stats.  1873-74,  p.  833.] 
Repealed  1883,  p.  5,  c.  X,   §  2. 

ACT  2686. 

Roads  and  highways  in.     [Stats.   1875-76,  p.  413.] 
Amended  1877-78,  p.  115.     Repealed  1883,  p.  5,  c.  X,  §  2, 


959  PLAOERVILLE.  Acts  2687-2700 

ACT  2687, 

Notaries  public,  additional  for.     [Stats.  1871-72,  p.  33.] 
Superseded  by  Political  Code,   §  791. 

ACT  2688. 

County  recorder,  salary  of.     [Stats.  1873-74,  p.  702.] 
Repealed   1877-78,  p.   269. 

ACT  2689. 

Eecorder   of,  fees   and   compensation   of.     [Stats.   1877-78,  p.   268.] 

Repealed    by    County    Government    Act    1897,   p.    527,    S  177,    and    fee   bill    of 
1895,   p.   267. 

ACT  2690. 

Legalizing  records  of.     [Stats.  1863-64,  p.  84.] 
ACT  2691. 

Consolidating  offices  of  sheriff  and  tax  collector,  and  making  the  sheriff 
ex  officio  tax  collector.     [Stats.   1873-74,  p.  709.] 
Repealed  by  County  Government  Act:   See  1897,  p.  452, 

\CT  2692. 

Supervisors,  regulating  powers  of.     [Stats.  1877-78,  p.  197.] 
Repealed  by  County  Government  Act:    See  1897,  p.  452. 

ACT  2693. 

Eeorganizing  board  of  supervisors  in.     [Stats.  1873-74,  p.  347.] 
Amended  and  supplemented  1873-74,  p.  775;   1875-76,  p.  573.     Act  of  1873- 
74,  p.   775,   repealed  1875-76,   p.   573. 

TITLE  383, 
PLACEKVILLE, 
ACT  2697, 

Authorizing    common    council    to    issue    certain   bonds.     [Stats.    1863,   p. 
166.] 
Citations.     Cal.  147/162. 

ACT  2698. 

Reincorporating.     [Stats.   1863,  p.  211.] 
Amended  1863-64,  p.  493;  1871-72,  p.  431. 
Citations.      Cal.  147/163. 

ACT  2699. 

Raceway  through,  extending  time  for  construction   of.     [Stats.   1877-78, 

p.  83.] 
ACT  2700. 

Improvement  of  streets  and  sidewalks  of.     [Stats.  1875-76,  p.  893.] 


Acts  2701-2710  GENERAL  LAWS.  060 

ACT  2701. 

City  clerk  of,  to  execute  certain  trusts.     [Stats.  1873-74,  p.  706.] 
Repealed  1873-74,  p.   754. 

This  act  was  passed  to  carry  into  effect  the  act  of  Congress  for  the  relief  of 
inhabitants  of  towns  on  the  public  lands. 

A.CT  2702. 

City  clerk  to  execute  certain  trusts.     [Stats.  1873-74,  p.  754.] 
Repealed  1375-76,  p.  328. 

This   act  was  passed  to   carry  out  the  provisions   of   the   act   of   Congress   for 
the  relief  of  inhabitants  of  towns  upon  the  public  lands. 

ACT  2703. 

Charles  F.  Irwin  appointed  a  trustee  to  execute  certain  trusts.     [Stats. 
1875-76,  p.  328.] 
Amended  1877-73.   p.  252. 

This    act   provided    for    the    carrying   out    of   the   grant   by   the    United    Stat-ss 
government  to  the  city  for  the  benefit  of  the  occupants. 

ACT  2704. 

An  act  concerning  common  schools  in  the  city  of  Placerville.     [Approved 
April  1,  1864.     Stats,  1863-64,  p.  303.] 
Repealed  1909,  p.  80. 

ACT  2705. 
An  act  supplementary  to  and  amendatory  of  an  act  entitled  "An  act  con. 
cerning  common  schools  in  the  city  of  Placerville,  approved  April 
first,  eighteen  hundred  and  sixty-four,"  to  provide  ways  and  means 
for  building,  furnishing,  and  repairing  schoolhouses  in  said  city,  and 
for  other  purposes.  [Approved  March  16,  1874.  Stats.  1873-74, 
p.  386.] 
Repealed  1909,  p.  80. 

TITLE  384. 
PLUMAS  COUNTY. 
ACT  2708. 

Fixing  salary  of  district  attorney  of.     [Stats.  1871-72,  p.  733.] 
Repealed  by  County  Government  Act,  1897,  p.  565,   §  206. 

ACT  2709. 

Concerning  highways.     [Stata.  1871-72,  p.  65.] 
Repealed  1873-74,  p.   306. 

ACT  2710. 

Additional  notaries  in.     [Stats.  1871-72,  p.  304.] 
Superseded  by  Political  Code,   §  791. 
This  act  provided  for  an  additional  notary  to  reside  at  Mohawk  Valley. 


96X  TLYMOUTH— POLICE.  AcU  2711-2728 

ACT  2711. 

In  relation  to  certain  officers  of,  and  to  fix  tlieir  compensation.     [Stats. 

1877-78,  p.  547.] 
"Repealed  by  County  Government  Acts,   see    1897,   p.   565,    §206;   never  went 
into   effect.      (Whiting  v.   Haggard,   60   Cal.  513;   People  ex  rel.  Orr  ▼.  Whiting, 
64  Cal.  67.)" — Code  Commissioners'   Note. 

ACT  2712. 

Koads  in,  keeping  in  repair.     [Stats.  1875-76,  p.  6.] 
Superseded  1883,  p.  5,  c.  X,   S  2. 

ACT  2713. 

Tax  collector  of,  fees  of.     [Stats.  1873-74,  p.  382.] 
Repealed  by  County  Government  Acts,  see  1897,  pp.  566,  572,   §§  206,  215. 

TITLE  385. 
PLYMOUTH. 
ACT  2718. 

To  prevent  hogs  and  goats  from  running  at  large  in  Plymouth,  Amador 
County.     [Stats.  1877-78,  p.  1020.] 
Probably  repealed,  1897,  p.  198. 

TITLE  386. 
POISONS. 
ACT  2723. 

To  regulate  the  sale  of  certain  poisonous  substances.  [Stats.  1880,  p.  102.] 
Codified  by   §  347a  of  Penal   Code,   1905. 

Act  regulating  sale  of  poisons:    See  Acts  2664,  2666,   2667,   ante. 
"See,  also,  1891,  p.  88;  1901,  p.  302;  1905,  p.  535;  1907,  p.  124.     Penal  Code, 
§  347a   (1905,  p.  765)." — Code  Commissioners'  Note. 

ACT  2724. 

An  act  to  regulate  the  sale  of  poisons  in  the  state  of  California  and  pro- 
viding a  penalty  for  the  violation  thereof.     [Approved  March  6,  1907. 
Stats.  1907,  p.  124.] 
Amended   1909,   p.   422. 

This  act   appears  in  full  in  Appendix.   Ponal  Code,  p.  2088. 
Citationa.     App.  8/564,  565. 

TITLE  387. 
POLICE. 
ACT  2728. 

To  regulate  the  hours  of  service  by  members  of  the  police  department  of 
cities  of  the  first  class  and  of  cities  and  counties.  [Stats.  1901, 
p.  107.] 

Gen.  Laws — 61 


Acts  2729-2739  GENERAL  LAWS.  »62 

ACT  2729. 

Eegulating  the  hours  of  service  on  regular  duty  by  members  of  the  police 

department  of  cities  of  the  first  class,  cities  and  counties,  cities  of 
the  first  and  one  half  class,  and  cities  of  the  second  class.     [Stats. 
1903,  p.  51.] 
This  act  appears  in  full  in  Appendix,  Penal  Code,  p.  2103. 

ACT  2730. 

To  increase   the  police  force   of  various   cities,   cities   and   counties   and 
towns.     [Stats.    1891,   p.   10.] 
This  act  appears  in  full  in  Appendix,  Penal  Code7p.2101. 

ACT  2731. 

Providing  for  the  compensation  of  chief  and  captain  of  police  and  po- 
lice  officers  in   cities   having  not   less   than   ten   thousand  nor   more 
than    twenty-five   thousand    inhabitants.      [Stats.    1893,   p.    280.] 
Unconstitutional:  Darcy  v.  Mayor  of  San  Jose,   104  Cal.   642. 

ACT  2732. 

To  regulate  the  salaries  of  certain  officers  of  the  police  department  in 

municipalities  of  the  first  class  and  to  provide  for  the  appointment 

and  salaries  of  other  officers.     [Stats.  1897,  p.  72.] 

Unconstitutional:    Popper   v.   Broderick,    123   Cal.   456. 

ACT  2733. 

Eequiring  boards  of  commissioners  having  control  of  the  police  force  to 
grant  yearly  vacations.     [Stats.  1891,  p.  47.] 

Amended  1907,  p.  62. 

This  act  appears  in  full  in  Appendix,  Penal  Code,  p.  2102. 

ACT  2734. 

To  provide  for  the  appointment  of  policemen,  with  the  powers  of  peace 
officers,  to  serve  upon  the  premises,  cars   or  boats  of   railroad  and 
steamship  companies.     [Stats.  1901,  p.  6G6.] 
This  act  appears  in  full  in  Appendix,  Penal  Code,  p.  2104. 

ACT  2735. 

Creating  police  relief,  health,  life  insurance,  and  pension  fund.     [Stats. 
1889,  p.  56.] 
Amended  1891,  pp.  287,  469;   1S97,  p.  52. 

Citations.      Cal.  80/267,   268,   269,   270;    127/551,    552;    134/51.      App.  1/495, 
490. 

This  act  appears  in  full  in    Appendix,  Penal  Code,  p.  2094. 
"See  Pennie  v.  Reis,  132  U.  S.  464." — Code  Commissioner's  Note. 

ACT  2736. 

An  act  relating  to  senior  rights  of  members  of  paid  police  departments 
of  counties,  cities  and  counties,  cities  or  towns.  [Approved  Febru- 
ary 23,  1907.     Stats.  1907,  p.  46.] 


963  POLICE   COURTS.  Acts  2737,  2739 

This  act  appears  in  full  in  Appendix,  Penal  Code,  p.  2104.  It  relates  to  the 
senior  rights  in  the  assignment  of  duty  of  officers  who  have  served  ten  years 
in  the  department. 

ACT  2737. 

An  act  providing  that,  in  any  city  of  the  first  class  or  city  and  county 
in  this  state,  where  by  general  law  or  by  charter  the  board  of  police 
commissioners  of  such  city,  or  city  and  county  are  authorized  and 
empowered  to  appoint,  promote,  suspend,  disrate  or  dismiss  any  po- 
lice officer  or  member  of  the  police  department,  and  to  prescribe  rules 
and  regulations  for  the  government,  discipline,  equipment  and  uni- 
form of  such  police  department,  and  from  time  to  time  to  alter  or 
repeal  the  same,  and  to  prescribe  penalties  for  the  violations  of  any 
such  rules  and  regulations,  all  such  rules  and  regulations  must  be 
reasonable  and  couched  in  plain  and  concise  language,  and  provid-, 
ing  that  such  board  of  police  commissioners  shall  prescribe  a  sepa- 
rate and  distinct  penalty  for  the  violation  of  each  of  such  rules  and 
regulations  which  shall  be  graded  according  to  the  importance  and 
nature  of  the  rule  or  regulation  violated,  and  providing  that  such 
penalty  shall  in  all  cases  be  reasonable,  and  that  the  same  shall  be 
couched  in  plain  and  concise  language,  and  printed  or  published,  as 
the  case  may  be,  in  the  manual  or  guide  published  for  the  guidance 
and  information  of  the  police  officers  or  members  of  such  police  de- 
partment and  in  connection  with  the  rule  or  regulation  to  which  the 
same  is  intended  to  apply,  and  providing  further  that  such  board 
of  police  commissioners  shall  not  have  power  to  inflict  unreasonable 
penalties  for  the  violation  of  such  rules  and  regulations;  nor  to  in- 
flict penalties  for  the  violation  of  such  rules  and  regulations  arbi- 
trarily, nor  unless  justified  by  proper  and  competent  evidence,  also 
providing  certain  procedure  in  hearings  for  the  violation  of  such 
rules  and  regulations,  and  that  courts  of  competent  jurisdiction  may 
review  the  proceedings  had  upon  such  hearings  for  certain  purposes, 
and  that  all  acts  and  parts  of  acts  in  conflict  herewith  are  hereby 
repealed.     [Approved  March  23,  1907.     Stats.  1907,  p.  993.J 

TITLE   388. 

POLICE  COUETS. 
ACT  2739. 

To  provide  for  police  courts  in  cities  having  more  than  thirty  thousand 

and    less    than    one    hundred    thousand    inhabitants.     [Stats.    18S5, 

p.  213.] 

Amended  1891,  p.  292;   1893,  p.  41;   1895,  p.  113. 

Citations.  Cal.  73/488,  504,  505,  506;  76/439,  440,  441,  442,  445,  447,  449, 
450,  452,  454;  78/565;  82/341,  343;  89/472,  473;  92/279;  109/265;  114/ 
334;    120/384,   395. 

AMDT.  1891. 

Citations.     Cal.  109/265. 


Acts  2740,  2741  GENERAL  LAWS.  9(14 

ACT  2740. 

To  provide  for  police  courts  in  cities  having  a  population  of  fifteen  thou- 
sand and  under  eigliteen  thousand  inhabitants.     [Stats.  1891,  p.  433.] 
Unconstitutional:   Ex  parte  Giambonini,  117   Cal.   573. 

ACT  2741. 

An  act  to  establish  police  courts  in  cities  of  the  first  and  one-half  class, 
to  fix  their  jurisdiction  and  provide  for  ofBcers  of  said  courts  and  fix 
the  compensation  of  certain  officers  thereof. 
[Became   a   law   under   constitutional    provision    without    governor's    ap- 
proval, March  5,  1901.     Stats.  1901,  p.  95.] 
Amended  1303,  pp.  320,   335;   1905,  p.  41;   1907,  pp.   136,   850;   1909,  pp.  435, 
797. 

Citations.      Cal.  153/164,  167,  169. 

§  1.  The  judicial  power  of  every  city  of  the  first  and  one-half  class 
shall  be  vested  in  a  police  court  to  be  held  therein  by  the  city  justices 
of  such  city,  or  one  of  them.  Either  one  of  said  justices  may  hold  such 
court,  and  there  may  be  as  many  sessions  of  said  court  at  the  same  time 
as  there  are  city  justices  in  such  city,  and  it  is  hereby  made  the  duty  of 
said  city  justices,  in  addition  to  the  duties  now  required  of  them  by  law, 
to  hold  said  police  court,  as  judges  thereof. 

§  2.  Said  police  court  shall  have  exclusive  jurisdiction  of  all  misde- 
meanors punishable  by  fine  or  by  imprisonment,  or  by  both  such  fine  and 
imprisonment,  committed  in  the  city  where  such  police  court  is  held;  and 
in  all  such  cases  to  try  and  determine  the  same,  convict  or  acquit,  pass 
and  enter  judgment  and  carry  such  judgment  into  execution  as  the  case 
may  require,  according  to  law. 

§  3.  The  said  court  shall  also  have  exclusive  jurisdiction  of  all  pro- 
ceedings for  violation  of  any  ordinance  of  said  city,  both  civil  and  crimi- 
nal, and  of  all  actions  for  the  collection  of  any  licenses  required  by  the 
ordinances  of  said  city. 

§4.  Neither  of  said  justices  shall  sit  in  cases  in  which  he  is  a  party, 
or  in  which  he  is  interested,  or  where  he  is  related  to  either  party  by 
consanguinity  or  affinity  within  the  third  degree;  and  in  case  of  the  sick- 
ness or  inability  of  said  justices,  or  either  of  them,  either  of  said  justices 
may  call  in  any  justice  of  the  peace  of  the  county  to  act  in  his  place  or 
stead. 

§5.  Each  of  the  city  justices,  while  acting  as  judge  of  said  police 
court,  shall  have  jurisdiction  to  issue  warrants  of  arrest,  search-warrants, 
subpoenas,  and  all  other  processes  necessary  to  the  full  and  proper  exer- 
cise of  the  powers  and  jurisdiction  of  said  court;  to  punish  persons  guilty 
of  contempt  of  said  court;  to  try  all  charges  of  misdemeanor  offenses 
committed  within  its  jurisdiction,  as  well  as  all  charges  for  violation  of 
city  ordinances,  and  render  judgment  therein,  with  full  power  to  carry 
such  judgment  into  execution. 


965  POLICE   COURTS.  Act  2741,  §§  6,  7 

§  6.  Said  police  court  shall  have  a  clerk  for  each  of  the  judges  of 
said  court,  who  shall  be  appointed  by  the  judge  of  the  said  court  pre- 
siding in  the  department  thereof  in  which  the  said  clerk  is  to  act,  which 
said  clerk  shall  hold  office  for  the  term  of  four  years  from  the  date  of 
appointment.  Each  of  said  clerks  shall  give  a  bond  in  the  sum  of  five 
thousand  dollars,  with  at  least  two  sureties,  to  be  approved  by  the 
mayor,  conditioned  for  the  faithful  discharge  of  the  duties  of  his  office. 
Each  of  said  clerks  shall  receive  an  annual  salary  of  twenty-one  hundred 
dollars  a  year,  payable  in  equal  monthly  installments  out  of  the  treasury 
of  said  city,  which  salary  shall  be  full  compensation  for  all  services 
rendered  by  him.  Each  of  the  said  clerks  shall  keep  a  record  of  the 
proceedings  of,  and  issue  all  processes  ordered  by,  the  city  justices,  or 
either  of  them,  or  by  said  police  court,  and  receive  and  pay  into  the  city 
treasury  all  fines  imposed  by  said  court.  They  shall  also  render  each 
month  to  the  city  council  an  exact  and  detailed  account  under  oath  of 
all  fines  imposed  and  collected,  and  of  all  fines  imposed  and  uncollected" 
since  their  last  reports.  They  shall  prepare  bonds,  justify  bail  when  the 
amount  has  been  fixed  by  either  of  said  justices  or  by  said  police  court, 
and  may  administer  and  certify  oaths.  Said  clerks  shall  remain  at  the 
courtrooms,  of  said  court  during  the  business  hours  and  during  such  rea- 
sonable times  thereafter  as  may  be  necessary  for  a  proper  performance 
of  their  duties.  Before  receiving  any  monthly  payment  of  salary  each 
of  said  clerks  shall  make  and  file  with  the  city  auditor  an  affidavit 
that  he  has  deposited  with  the  city  treasurer  all  moneys  that  have  come 
into  his  hands,  belonging  to  the  city.  Any  violation  of  this  provision 
shall  be  a  misdemeanor.  [Amendment  approved  March  31,  1909.  Stats. 
1909,  p.  797.     In  effect  immediately.] 

Also  amended  in  1907,  Stats.  1907,  p.  136. 

§7.  Said  police  court  shall  have  a  prosecuting  attorney  and  three 
assistant  prosecuting  attorneys  and  one  stenographer,  all  of  whom  shall 
be  appointed  by  the  district  attorney  of  the  county  in  which  said  city 
is  situated.  Said  prosecuting  attorney  shall  receive  an  annual  salary 
of  twentj-seven  hundred  and  fifty  dollars,  which  shall  be  paid  in  equal 
monthly  "^installments  out  of  the  treasury  of  said  city,  which  salary 
shall  be  in  full  compensation  for  all  services  rendered  by  him;  and  said 
three  assistant  prosecuting  attorneys  shall  receive  an  annual  salary  of 
twenty-four  hundred  dollars  each,  which  shall  be  paid  in  equal  monthly 
installments  out  of  the  treasury  of  said  city,  which  salaries  shall  be 
in  full  compensation  for  all  services  rendered  by  them;  and  said  stenog- 
rapher shall  receive  an  annual  salary  of  twelve  hundred  dollars,  which 
shall  be  paid  in  equal  monthly  installments  out  of  the  treasury  of  said 
city,  which  salary  shall  be  in  full  compensation  for  all  services  rendered 
by  him.  It  shall  be  the  duty  of  said  prosecuting  attorney  and  said  as- 
sistant prosecuting  attorneys  to  attend  the  sessions  of  said  police  court 
and  conduct  on  behalf  of  the  people,  all  prosecutions  for  public  offenses, 
both  misdemeanors  and  felonies,  of  which  said  court  has  jurisdiction; 
except  criminal  cases  arising  upon  violation  of  the  provisions  of  the 
city    charter    or    ordinances,   which    shall   be    prosecuted    by   said    prose- 


Act  2741,  §§  8-15  GENERAL  LAWS.  966 

cuting  attorney  and  assistants  when  requested  by  the  city  attorney  of 
said  city,  who  may  deputize  said  prosecutors  for  such  purposes.  [Amend- 
ment approved  March  22,  1907.     Stats.  1907,  p.  850.] 

§  8.  All  fines  and  other  moneys  collected  on  behalf  of  the  city  in  the 
police  court  shall  be  paid  into  the  city  treasury  on  the  first  Tuesday  of 
each  month. 

§9.  The  city  council  shall  furnish  suitable  rooms  for  the  holding  of 
said  police  court  and  shall  also  furnish  the  necessary  dockets,  blanks, 
stationery,  and  supplies  for  the  carrying  on  of  the  business  of  said 
courts.  One  docket  shall  be  styled  "The  City  Criminal  Docket,"  in  which 
all  the  criminal  business  of  said  court  shall  be  recorded,  and  each  case 
shall  be  alphabetically  indexed.  Another  docket  shall  be  styled  "The 
City  Civil  Docket,"  and  it  shall  contain  each  and  every  civil  case  in 
which  the  city  is  a  party,  or  which  is  prosecuted  or  defended  for  her 
interest;  and  each  case  shall  be  properly  indexed. 

§  10.  The  police  court  shall  be  always  open,  except  upon  nonjudicial 
days,  and  then  for  such  purposes  only  as  by  law  permitted  or  required 
of  other  courts  of  this  state. 

§  11.  Appeals  may  be  taken  from  any  judgment  of  said  police  court 
to  the  superior  court  of  the  county  in  which  such  city  may  be  located, 
in  the  same  manner  in  which  appeals  are  taken  from  the  justices'  courts 
in  like  cases. 

§  12.  In  all  cases  of  the  conviction  in  said  police  court  of  any  person 
charged  with  any  offense  committed  in  the  city,  and  the  imprisonment 
of  any  person  so  convicted,  the  person  so  to  be  imprisoned  or  by  ordi- 
nance required  to  labor,  shall  be  imprisoned  in  the  city  jail,  or  in  a 
branch  thereof,  or,  if  required  to  labor  shall  labor  in  the  city,  and  the 
imprisonment  in  any  branch  city  jail  shall  be  deemed  an  imprisonment 
in  the  city  jail.  [Amendment  approved  March  19,  1909.  Stats.  1909, 
p.  436.     In  effect  immediately.] 

§  13.     Said  courts  shall  have  a  seal,  to  be  furnished  by  the  city. 

§  14.  The  city  justices  shall,  on  the  first  Tuesday  of  each  month,  make 
to  the  city  council  a  full  and  complete  report  of  all  the  cases,  civil  and 
criminal,  in  which  the  city  has  an  interest,  or  which  are  required  to 
be  entered  in  the  city  civil  docket  or  the  city  criminal  docket;  such  re- 
port to  be  made  upon  blanks  furnished  by  the  city  council  and  in  such 
form  as  they  may  require. 

§  15.  Certified  transcripts  of  the  dockets  or  files  of  said  court,  certi- 
fied by  the  clerk  of  said  court  under  the  seal  of  said  court,  shall  be 
evidence  in  any  court  of  this  state  of  the  contents  of  said  docket  or  of 
said  files,  as  the  case  may  be;  and  all  warrants  and  other  process  issued 
out  of  said  court  and  all  acts  done  by  said  court  and  certified  under  its 


967  POLICE   COURTS.  Act  274?, 

seal,  shall  have  the  same  force  and  validity  in  any  part  of  this  state 
as  though  issued  or  done  by  any  court  of  record  of  this  state. 

§  16.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

ACT  2742. 

An  act  to  establish  police  courts  in  cities  of  the  second  class,  to  fix  their 
jurisdiction,  and  provide  for  officers  of  said  courts,  and  fix  the  com- 
pensation   of    certain    officers    thereof.     [Approved   March    23,    1901. 
Stats.  1901,  p.  576.] 
Amended   1905,  p.  634;    1907,  p.   748;   1909,  p.  975. 

§  1.  The  judicial  power  of  every  city  of  the  second  class  shall  be 
vested  in  a  police  court  to  be  held  therein  by  the  city  justices  of  such- 
city,  or  one  of  them.  Either  one  of  said  justices  may  hold  such  court, 
and  there  may  be  as  many  sessions  of  said  court  at  the  same  time  as 
there  are  city  justices  in  such  city,  and  it  is  hereby  made  the  duty  of 
said  city  justices,  in  addition  to  the  duties  now  required  of  them  by 
law,  to  hold  said  police  court,  as  judges  thereof. 

§  2.  Said  police  court  shall  have  exclusive  jurisdiction  of  all  misde- 
meanors punishable  by  fine  or  by  imprisonment,  or  by  both  such  fine  and 
imprisonment,  committed  in  the  city  where  such  police  court  is  heldj 
and  in  all  such  cases,  to  try  and  determine  the  same,  convict  or  acquit, 
pass  and  enter  judgment  and  carry  such  judgment  into  execution  as  the 
case  may  require,  according  to  law. 

§3.  The  said  court  shall  also  have  exclusive  jurisdiction  of  all  pro- 
ceedings for  violation  of  any  ordinance  of  said  city,  both  civil  and 
criminal,  and  of  all  actions  for  the  collection  of  any  licenses  required 
by  the  ordinances  of  said  city. 

§  4.  Neither  of  said  justices  shall  sit  in  cases  in  which  he  is  a  party, 
or  in  which  he  is  interested,  or  where  he  is  related  to  either  party  by 
consanguinity  or  affinity  within  the  third  degree;  and  in  case  of  the  sick- 
ness or  inability  of  said  justices,  or  either  of  them,  either  of  said  justices 
may  call  in  any  justice  of  the  peace  of  the  county  to  act  in  his  place  or 
stead. 

§5.  Each  of  the  city  justices,  while  acting  as  judge  of  said  police 
court,  shall  have  jurisdiction  to  issue  warrants  of  arrest,  search-warrants, 
subpoenas,  and  all  other  processes  necessary  to  the  full  and  proper  ex- 
ercise of  the  powers  and  jurisdiction  of  said  court;  to  punish  persons 
guilty  of  contempt  of  said  court;  to  try  all  charges  of  misdemeanor 
offenses  committed  within  its  jurisdiction,  as  well  as  all  charges  for 
violation  of  city  ordinances,  and  render  judgment  therein,  with  full 
power  to  carry  such  judgment  into  execution. 

§6.  Said  police  court  shall  have  a  clerk  for  each  of  the  judges  of 
said  court,  who  shall  be  appointed  by  the  judge  of  the  said  court  pre- 


Act  2742.  §§  7-11  GENERAL  LAWS.  068 

siding  in  the  department  thereof  in  which  the  said  clerk  is  to  act,  which 
said  clerks  shall  hold  office  for  the  term  of  two  years  from  the  date 
of  appointment.  Each  of  said  clerks  shall  give  a  bond  in  the  sum  of 
five  thousand  dollars,  with  at  least  two  sureties,  to  be  approved  by  the 
mayor  of  said  city,  conditioned  for  the  faithful  discharge  of  the  duties 
of  his  office.  Each  of  said  clerks  shall  receive  an  annual  salary  of  one 
thousand  eight  hundred  dollars  a  year,  payable  in  equal  monthly  install- 
ments out  of  the  treasury  of  said  city,  which  salary  shall  be  the  full 
compensation  for  all  services  rendered  by  him.  Each  of  the  said  clerks 
shall  keep  a  record  of  the  proceedings  of,  and  issue  all  processes  ordered 
by,  the  city  justices,  or  either  of  them,  or  by  said  police  court,  and  re- 
ceive and  pay  into  the  city  treasury  all  fines  imposed  by  said  court. 
They  shall  also  render  each  month  to  the  city  council  an  exact  and  de- 
tailed account  under  oath  of  all  fines  imposed  and  collected,  and  of  all 
fines  imposed  and  uncollected  since  their  last  reports.  They  shall  pre- 
pare bonds,  justify  bail  when  the  amount  has  been  fixed  by  either  of 
said  justices  or  by  said  police  court,  in  cases  not  exceeding  one  hundred 
dollars,  and  may  administer  and  certify  oaths.  Said  clerks  shall  re- 
main at  the  courtrooms  of  said  court  during  the  business  hours  and 
during  such  reasonable  times  thereafter  as  may  be  necessary  for  a  proper 
performance  of  their  duties.  Before  receiving  any  monthly  payment 
of  salary  each  of  said  clerks  shall  make  and  file  with  the  city  auditor 
an  affidavit  that  he  has  deposited  with  the  city  treasurer  all  moneys  that 
have  come  into  his  hands,  belonging  to  the  city.  Any  violation  of  this 
provision  shall  be  a  misdemeanor. 

§7.     [Amended  1905,  p.  634;   1907,  p.  748.     Kepealed  1909,  p.  975.] 

§  8.  All  fines  and  other  moneys  collected  on  behalf  of  the  city  in  the 
police  court  shall  be  paid  into  the  city  treasury  on  the  first  Tuesday  of 
each  month. 

§  9.  The  city  council  shall  furnish  suitable  rooms  for  the  holding  of 
said  police  court  and  shall  also  furnish  the  necessary  dockets,  blanks,  sta- 
tionery, and  supplies  for  the  carrying  on  of  the  business  of  said  courts. 
One  docket  shall  be  styled  "The  City  Criminal  Docket,"  in  which  all  the 
criminal  business  of  said  court  shall  be  recorded,  and  each  case  shall  be 
alphabetically  indexed.  Another  docket  shall  be  styled  "The  City  Civil 
Docket,"  and  it  shall  contain  each  and  every  civil  ease  in  which  the  city 
is  a  party,  or  which  is  prosecuted  or  defended  for  her  interest;  and  each 
case  shall  be  properly  indexed. 

§  10.  The  police  court  shall  be  always  open,  except  upon  nonjudicial 
days,  and  then  for  such  purposes  only  as  by  law  permitted  or  required 
of  other  courts  of  this  state. 

§  11.  Appeals  may  be  taken  from  any  judgment  of  said  police  court 
to  the  superior  court  of  the  county  in  which  such  city  may  be  located, 
in  the  same  manner  in  which  appeals  are  taken  from  the  justices'  courts 
in  like  cases. 


969  POLICE  COURTS.  Acts  2743, 2744 

§12.  In  all  cnses  of  imprisonment  of  persons  convicted  in  said  police 
court  of  any  olfense  committed  in  the  city,  the  person  so  to  be  impris- 
oned, or  by  ordinance  required  to  labor,  shall  be  imprisoned  in  the  city 
jail,  or,  if  required  to  labor,  shall  labor  in  the  city. 

§  13.     Said  courts  shall  have  a  seal,  to  be  furnished  by  the  city. 

§14.  The  city  justices  shall,  on  the  first  Tuesday  of  each  month,  make 
to  the  city  council  a  full  and  complete  report  of  all  the  cases,  civil  and 
criminal,  in  which  the  city  has  an  interest,  or  which  are  required  to 
be  entered  in  the  city  civil  docket  or  the  city  criminal  docket,  such  report 
to  be  made  upon  blanks  furnished  by  the  city  council  and  in  such  form 
as  they  may  require. 

§  15.  Certified  transcripts  of  the  dockets  or  files  of  said  court,  certi- 
fied by  the  clerk  of  said  court  under  the  seal  of  said  court,  shall  be  evi; 
dence  in  any  court  of  this  state  of  the  contents  of  said  docket  or  of 
said  files,  as  the  case  may  be;  and  all  warrants  and  other  process  issued 
out  of  said  court  and  all  acts  done  by  said  court  and  certified  under  its 
geal,  shall  have  the  same  force  and  validity  in  any  part  of  this  state 
as  though  issued  or  done  by  any  court  of  record  of  this  state. 

§  16.  This  act  shall  take  effect  and  be  in  force  from  and  after  the 
thirtieth  day  of  March,  A.  D.  nineteen  hundred  and  one. 

ACT  2743. 

An  act  to  provide  for  prosecuting  attorneys  of  police  courts  in  cities  of 
the  second  class,  and  regulating  the  compensation  of  such  officers. 
[Approved  March  23,  1901.     Stats.  1901,  p.  664.] 

§  1.  The  police  court  in  all  cities  of  the  second  class  shall  have  a 
prosecuting  attorney,  to  be  appointed  by  the  district  attorney  of  the 
county  in  which  said  city  is  situated,  who  shall  hold  office  for  the  period 
of  four  years  from  the  date  of  his  appointment.  He  shall  receive  an 
annual  salary  of  two  thousand  (2,000)  dollars,  payable  in  equal  monthly 
installments,  out  of  the  treasury  of  said  city,  which  salary  shall  be  in 
full  compensation  for  all  services  rendered  by  him.  It  shall  be  the  duty 
of  said  prosecuting  attorney  to  attend  the  sessions  of  said  court,  and 
conduct  on  behalf  of  the  people  all  prosecutions  for  public  offenses  of 
which  said  court  has  jurisdiction. 

§  2.  All  other  acts  or  parts  of  acts  in  conflict  herewith  are  hereby  re- 
pealed. 

§  3.  This  act  shall  be  in  full  force  and  effect  from  and  after  its  pas- 
sage. 

ACT  2744. 

An  act  providing  for  the  appointment  of  police  judges  in  municipalities 
having  a  freeholders'  charter,  wherein  provision  is  made  for  a  police 


Act  2748  GENERAL  LAWS.  970 

court  judge,  but  no  provision  is  made  for  the  appointment  or  elec- 
tion of  such  police  judge. 

[Approved  February  23,  1907.     Stats.  1907,  p.  54.] 

§  1.  That  in  all  municipalities  having  a  freeholders'  charter,  which 
provides  for  a  police  court  to  be  presided  over  by  a  police  judge  but 
makes  no  provision  for  the  election  or  appointment  of  a  police  judge,  the 
board  of  trustees  or  council  of  such  municipalities  shall  have  authority 
to  make  an  appointment  to  fill  such  office. 

§  2.  The  person  so  appointed  must  be  an  elector  of  the  municipality 
and  shall  hold  office  during  the  existence  of  the  board  of  trustees  or 
council  appointing  him  and  until  his  successor  in  office  shall  have  been 
appointed  and  qualified. 

§  3.  All  acts  or  portions  of  acts  in  conflict  with  this  act  are  hereby 
repealed. 

§  4.     This  act  shall  take   effect  immediately. 

TITLE  389. 
POULTRY. 
ACT  2748. 

An    act    to    establish    a    poultry    experiment    station    in    the    county    of 
Sonoma,   and   making  an   appropriation   therefor. 
[Approved  March   13,   1903.     Stats.   1903,   p.   143.] 

§  1.  There  is  hereby  established  in  the  county  of  Sonoma,  at  or  near 
the  city  of  Petaluma,  a  poultry  experiment  station,  to  be  known  as 
the  "California  Poultry  Experiment  Station." 

§2.  The  purposes  of  said  station  shall  be  the  study  of  the  diseases  of 
poultry  to  ascertain  the  causes  of  such  diseases,  and  to  recommend 
treatment  for  the  prevention  and  cure  of  the  same;  to  ascertain  the 
relative  value  of  poultry  foods  for  the  production  of  flesh,  fat,  eggs,  and 
feathers;  to  recommend  methods  of  sanitation,  and  to  conduct  investiga- 
tions for  the  purpose  of  securing  results  conducive  to  the  promotion  of 
the  poultry  interests  of  the  state.  This  act  shall  be  liberally  construed 
to  the  end  that  the  station  hereby  established  may  at  all  times  con- 
tribute to  the  technical  and  general  knowledge  of  the  public  upon  the 
subject  of  poultry  husbandry. 

§  3.  The  said  station  shall  be  under  the  supervision  of  the  director 
of  the  agricultural  experiment  stations  of  the  state  of  California,  who 
shall,  from  time  to  time,  cause  to  be  issued  bulletins  of  information 
regarding  the  care  of  poultry. 

§4.  Within  thirty  days  after  the  passage  of  this  act  the  governor 
shall  appoint  three  persons,  two  of  whom  shall  be  from  the  staff  or 
professors  in  the  agricultural  department  of  the  University  of  California, 


971  PRESTON   SCHOOL   OP  INDUSTRY.  Acts  2753-2756 

and  one  a  practical  poultry-raiser,  which  said  persons  shall  constitute  a 
board  or  commission  to  select  and  secure  a  site  of  not  less  than  five  acres 
for  such  poultry  experiment  station.  Such  board  shall  have  full  power 
to  secure  such  site,  by  lease,  purchase,  or  donation  thereof,  and  shall 
proceed  to  the  performance  of  the  duties  herein  imposed  within  thirty 
days  after  receiving  notice  of  their  appointment. 

§  5.  All  moneys  appropriated  for  the  use  of  the  station  hereby  estab- 
lished shall  be  under  the  control  of  the  regents  of  the  University  of 
California. 

§  6.  The  sum  of  five  thousand  dollars  is  hereby  appropriated  out  of 
any  inoney  in  the  state  treasury,  not  otherwise  appropriated,  for  secur- 
ing the  necessary  site,  and  for  equipping  and  maintaining  said  California 
poultry  experiment  station  as  provided  by  this  act.  Of  the  amount 
herein  appropriated,  the  sum  of  two  thousand  five  hundred  dollars  shall  ■ 
be  available  during  the  fiscal  year  nineteen  hundred  three  and  nineteen 
hundred  four,  and  two  thousand  five  hundred  dollars  shall  be  available 
during  the  fiscal  year  nineteen  hundred  four  and  nineteen  hundred  five. 

§  7.  The  state  controller  is  hereby  authorized  to  draw  his  warrants 
for  the  sum  herein  appropriated  in  favor  of  the  treasurer  of  the  regents 
of  the  University  of  California,  and  the  state  treasurer  is  hereby  directed 
to  pay  the  same. 

§  8.     This  act  shall  take  effect  immediately. 

TITLE  390. 
PEESTON  SCHOOL  OF  INDUSTEY. 
ACT  2753. 

To  establish  the  Preston  School  of  Industry,  and  to  provide  for  the  man- 
agement and  maintenance  of  the  same.     [Stats.  1889,  p.  100.] 
Amended   1893,  p.   39;    1909,  p.  964. 
In  full  in  Api^endix,  Penal  Code,  p.  2108. 
Citations.      Cal.  110/653;    136/108;    138/493,   494,   495. 

ACT  2754. 

To  provide  for  the  purchase  of  additional  land  for.     [Stats.  1897,  p.  422.] 

ACT  2755. 

To  prevent  evil-disposed  persons  from  coming  upon  the  grounds  of  the 

Whittier   State   School   or   the   Preston   School   of   Industry.     [Stats. 

1895,  p.  92.] 

Codified  by   §§  171a,  171b,   171c,  Penal  Code. 

ACT  2756. 

Eelating  to  the  commitments  to  the  state  school  at  Whittier,  and  to  the 
Preston  School  of  Industry;  fixing  the  authority  to  examine  and 
commit  to  such  schools  with  the  superior  court  judges  of  the  coun- 
ties   and   fixing   the    responsibilities   from   which    commitments    are 


Acta  2757-2766  GENERAL  LAWS.  972 

made  to  the  state  for  maintenance  of  the  persons  committed  there- 
from;  providing  the  manner  of   payment   thereof   and  fixing   the  re- 
sponsibility of  the  parents  to  the  counties  from  which  their  children 
are  committed.     [Stats.  1895,  p.  122.] 
In  full  in  Appendix,  Penal  Code,  p.  2134. 

ACT  2757. 

An  act  to  authorize  the  trustees  of  the  Preston  School  of  Industry  and 
the  Whittier  State  School  to  acquire  property  by  gift,  bequest  or 
devise.     [Approved  March  6,  1909.     Stats.  1909,  p.  149.] 

TITLE  391. 
PRISONS. 
ACT  2760. 

To   provide  for   a  branch   state   prison   at   Folsom.     [Stats.    1873-74,  p. 
785.] 
See  Stats.  1889,  p.  404. 

ACT  2761. 

For  the  government  of  the  state  prison  convicts  and  to  provide  for  the 
location   of   a   branch   prison.     [Stats.    1858,   p.    295.] 

ACT  2762. 

Regulating  and  governing  state  prison.     [Stats'.   1875-76,  p.  832.] 

"Repealed   by    the    constitution    of    1879.      See    1880,    p.    67,    c.    LXXI;    1889, 
p.    404." — Code    Commissioner's    Note. 

ACT  2763. 

To  regulate  and  govern  the  state  prisons.     [Stats.  1889,  p.  404.] 

Amended   1905,   pp.   520,   724. 

Codiaed  by   §§  1572   et   seq.   of  Penal   Code. 

Citations.      Cal.  145/186,   187,    188,   189. 

ACT  2764. 

Concerning  conveyances.     [Stats.  1862,  p.  496.] 
This    act    provided    for    the    acknowledgments    of    deeds    and    instruments    by 
prisoners.     Compare   §  675,  Penal  Code. 

ACT  2765. 

To  provide  for  the  erection  and  operation  of  rock-crushing  plants  at 
the  state  prisons,  for  the  preparation  of  highway  material  for  the 
benefit  of  the  people  of  the  state  and  providing  for  the  necessary 
advances  and  appropriation  of  money  to  carry  out  said  work. 
[Stats.  1895,  p.  274.] 
This  act  appears  in  full  in  Appendix,  Penal  Code,  p.  2137. 

ACT  2766. 

Authorizing  the  state  board  of  prison  directors  to  purchase  California- 
grown  hemp  to  be  used  in  the  manufacture  of  grain  bags,  and  to 
fix  the  price  at  which  such  bags  shall  be  sold.  [Stats.  1901,  p.  515.] 
This  act  appears  in  full  in  Appendix,  Penal  Code,  p.  2143. 


973  PRISONS.  Acts  2767-2774 

ACT  2767. 

Providing  for  furnishing  to  sheriffs  and  chiefs  of  police  of   certain  in- 
formation,   descriptions    and    photographs    of    convicts    about    to    be 
discharged  from  state  prison.     [Stats.  1897,  p.  213.] 
Repealed   1905,   p.   532, 
See  Act  739,   ante. 

ACT  2768. 

Providing  for  the  confinement  of  prisoners  of  the  United  States.     [Stats. 
1856,  p.  29.] 
Supplemented  1863-64,  p.  24.      Superseded  by  Penal  Code,    §  1601. 

ACT  2769. 

To   provide  for  the  erection   at   Folsom   State   Prison   of  a   building   for 
the   accommodation   of   the  insane   prisoners   and   making   an   appro- 
priation therefor.     [Stats.  1903,  p.  519.] 
(See  1905,  pp.  229,   746.) 

ACT  2770. 

To  provide  for  the  erection  at  San  Quentin  of  a  building  to  accommo- 
date insane  prisoners.     [Stats.  1889,  p.  419.] 
Repealed   1893,  p.  148. 

ACT  2771. 

To    provide    for    the    construction    of   a    sewerage    system    at    the    state 

prison  at  Folsom.     [Stats.  1899,  p.  29.] 
ACT  2772. 
To  regulate  and  govern  the  operation  of  the  rock-crushing  plant  at  the 

Folsom  State   Prison,  to   provide   for  the   sale   of   crushed   rock   and 

the  disposition  of  the  revenues  derived  therefrom.     [Stats.  1897,  p. 

99.] 

This  act  appears  in  full  in  Appendix,  Penal  Code,  p.  2140. 

ACT  2773. 

Directing  the  state  prison  directors  of  the  state  of  California  to  employ 

at  least  twenty  prisoners  in  the  construction  of  roads  to  the   state 

prisons  at  San  Quentin  and  at  Folsom.     [Approved  March  12,  1903. 

Stats.  1903,  p.  127.] 

This  act   can  be  found  in  Appendix,  Penal  Code,  p.  2146. 

ACT  2774. 

Directing  the  state  prison  directors  to  employ  at  least  twenty  prisoners 

in   the    construction   of   roads   to   the    state   prison   at   San   Quentin. 

[Stats.  1893,  p.  141.] 

Probably  superseded  by   the  act  of  1903,  p.   127.     See  Act   2773,   ante. 


Act  2775,  §§  1-4  GENERAL  LAWS.  974 

ACT  2775. 

An  act  creating  the  office  of  matron  of  the  jail  or  prison  in  and  for 
cities  and  towns  of  the  first,  first  and  one-half,  second,  and  third 
classes,  wherein  ofiicial  matrons  or  their  duties  are  not  now  pro- 
vided for  by  law,  defining  the  duties  and  powers  and  fixing  the 
term  of  office  and  compensation  of,  and  providing  for  the  appoint- 
ment of,  and  the  giving  of  official  bond  by,  such  matron, 
[Approved  March  23,  1901.     Stats.  1901,  p.  573.] 

§  1.  Public  welfare  and  present  necessity  in  the  several  cities  and 
towns  in  this  state  of  the  first,  first  and  one-half,  second,  and  third 
clas'ses,  requiring  that  in  such  cities  and  towns  there  should  be  an 
official  matron  of  the  city  or  town  jail  or  prison  therein,  the  office  of 
matron  of  the  city  or  town  jail  or  prison  is  hereby  created  in  and  for 
those  several  cities  and  towns  in  this  state  of  the  first,  first  and  one- 
half,  second,  and  third  classes,  and  concerning  which  there  is  now  no 
provision  of  law  for  the  office  of,  or  prescribing  the  duties  of,  matron 
of  the  jail  or  prison  of  such  city  or  town;  and  the  duties  and  powers 
of  such  matron  in  such  cases  shall  be  as  follows:  She  shall  have  free 
access  at  all  reasonable  times  to  the  immediate  presence  of  all  female 
prisoners  in  the  jail  or  prison  of  which  she  is  the  official  matron,  includ- 
ing the  right  of  personal  visitation  and  conversation  with  them;  and, 
in  all  cases  of  searching  the  person  of  female  prisoners  therein,  such 
matron  exclusively  shall  make  such  search;  and  the  matron  shall,  by 
example,  advice  and  admonition  employ  her  best  abilities  at  all  times 
to  secure  and  promote  the  health,  welfare  and  reformation  of  all  such 
prisoners.  The  term  of  office  of  such  matron  shall  be  two  years  from 
her  appointment  and  qualification  and  until  her  successor  is  appointed 
and  qualified. 

§  2.  The  legislative  board  or  body  of  each  such  city  or  town,  referred 
to  in  section  1  of  this  act,  is  hereby  authorized  and  empowered  to 
appoint,  and  to  provide  for  the  payment  of  the  compensation  of,  a 
matron  of  the  jail  or  prison  in  and  for  the  city  or  town  of  which  such 
board  or  body  is  the  governing  board  or  body,  and  to  specify  the  con- 
ditions and  fix  the  amount  of  the  matron's  official  bond,  to  be  approved 
by  such  board  or  body. 

§  3.  The  compensation  of  such  matrons,  hereby  regulated  in  propor- 
tion to  the  duties  to  be  discharged,  shall  be  as  follows,  payable  monthly: 
In  and  for  such  cities  of  the  first  class,  seventy-five  dollars  per  month; 
in  and  for  such  cities  of  the  first  and  one-half  class  and  of  the  second 
class,  sixty-five  dollars  per  month;  in  and  for  such  cities  of  the  third 
class,  fifty  dollars  per  month. 

§  4.  To  further  the  carrying  into  effect  of  the  authority  herein  con- 
ferred and  in  furtherance  of  the  discharge  of  the  duties  of  such  matrons, 
it  is  hereby  enacted  that  no  officer,  deputy,  policeman,  constable,  jailer, 
keeper,  guard  or  person  having  charge  or  control  of  the  jail  or  prison 


975  PRISONS.  Acts  2776-2778 

of  any  such  city  or  town,  referred  to  in  section  1  of  this  act,  shall 
refuse  the  matron,  duly  appointed  and  qualified  hereunder,  free  access 
at  all  reasonable  times  to  the  immediate  presence  of  all  female  prison- 
ers therein,  including  the  right  of  visitation  and  conversation  with 
them,  or  in  such  jail  or  prison  allow  the  searching  of  the  person,  in 
the  case  of  a  female  prisoner,  to  be  made  except  by  such  matron  of  such 
jail  or  prison,  or  obstruct  the  performance  by  such  matron  of  her  official 
duties  in  such  jail  or  prison  as  those  duties  may  be  specified  under  the 
authority  of  this  act  or  of  law. 

§  5.     All  acts  and  parts  of  acts  inconsistent  with  this  act  are  hereby 
repealed. 

§  6.     This  act  shall  take  effect  immediately. 
Compare   §  4226,  Political  Code. 

ACT  2776. 

An  act  to  establish  a  state  hospital  for  the  care,  custody  and  main- 
tenance of  insane  convicts  and  certain  other  insane  pcrs^ons  charged 
with  the  commission  of  a  felony,  near  Folsom,  California,  and  to 
provide  for  the  government  and  management  thereof,  and  to  direct 
the  expenditure  of  money  heretofore  appropriated  by  an  act  enti- 
tled "An  act  to  provide  for  the  erection  at  Folsom  State  Prison  of 
a  building  for  the  accommodation  of  insane  prisoners,  and  making 
an  appropriation  therefor,"  approved  March  26,  1903,  and  declaring 
that  the  same  may  be  used  and  expended  for  the  purposes  of  this 
act,  and  making  an  additional  appropriation  of  fifteen  thousand  dol- 
lars for  certain  improvements.  [Approved  March  18,  1905.  Stats. 
1905,  p.  229.] 

ACT  2777. 

An  act  making  an  appropriation  for  the  erection  and  construction  of 
additional  cells  at  the  state  prison  at  Folsom,  the  erection  of  a 
wall  around  said  prison,  the  purchase  of  necessary  cement,  derricks 
and  tools  and  other  expenses  incidental  and  relating  to  the  pur- 
poses in  this  act  mentioned.  [Approved  March  18,  1905.  Stats, 
1905,  p.  178.] 

ACT  2778. 

An  act  making  an  appropriation  for  the  erection  and  construction  of 
additional  cells  at  the  state  prison  at  San  Quentin,  for  the  pur- 
chase of  powder,  tools  and  appliances  for  excavating,  the  erection  of 
machine-shops,  the  installation  of  a  new  pipe-line,  the  construction 
of  iron  tanks,  the  erection  and  extension  of  a  wall  around  said 
prison,  the  purchase  of  electrical  apparatus,  and  providing  additional 
accommodations  for  prisoners  at  the  state  prison  at  San  Quentin 
and  for  other  expenses  incidental  and  relating  thereto.  [Approved 
March  18,  1905.  Stats.  1905,  p.  203.] 
Amended  1907,  p.  973. 


Acts  2779-2791  GENERAL  LAWS.  976 

ACT  2779. 

An  act  authorizing  the  state  board  of  prison  directors  to  provide  for 
assisting  discharged  prisoners  to  secure  employment  and  mailing  an 
appropriation  for  the  purpose  of  the  act.  [Approved  April  14, 
1909.     Stats.  1909,  p.  882.] 

ACT  2780. 

An  act  authorizing  and  directing  the  state  board  of  prison  directors  to 
malce  an  investigation  and  report  to  the  governor  of  and  relating 
to  the  cost,  management  and  government  of  a  reformatory  institu- 
tion in  this  state,  and  making  an  appropriation  therefor.  [Approved 
April  14,  1909.     Stats.  1909,  p.  876.] 

TITLE  392. 
PEIZE-FIGHTING. 
ACT  2781. 

To   prohibit   prize-fighting.     [Stats.    1893,   p.    101.] 
Superseded  by  Penal  Code,  §  412,  as  amended  1899,  p.  153. 

ACT  2782. 

An  act  to  prevent  any  minor  under  the  age  of  eighteen  years  visiting 
any  prize-fight,  cock-fight,  or  place  where  any  prize-fight  or  cock- 
fight is  advertised  or  represented  to  take  place  and  to  provide  a 
punishment  therefor.  [Approved  April  17,  1909.  Stats.  1909,  p. 
983.] 

TITLE  393. 
PROBATE  COUETS. 
ACT  2785. 

In  relation  to  probate  sales.     [Stats.  1865-66,  p.  824.] 
This   act  ratified  void   sales   of  real   estate.     It  was   declared   unconstitutional 
in  Pryor  v.  Downey,  50  Cal.   388. 

TITLE  394. 

PEOCESS. 
ACT  2790. 

Execution  of  final  process  in  new  counties.     [Stats.  1873-74,  p.  365.] 

Code  commissioners    say  this  act  is  superseded  by  §  687  of  Code  of  Civil  Pro- 
cedure. 

ACT  2791 

To  declare  valid  writs,  processes,  and  certificates  issued  by  the  superior 
courts  and  the  clerks  thereof,  before  the  courts  had  been  legally 
provided  with  seals.     [Stats.  1880,  p.  19.] 


977  PROSTITUTION— PROTECTION  DISTRICTS.      Acts  2796-2805 

TITLE  395. 
PKOSTITUTION. 
ACT  2798. 

To  prevent  the  placing,  keeping,  or  leaving  of  married  women  in  houses 
of  prostitution.      [Stats.   1891,  p.  285.] 
Codified  by  §  266g  of  Penal  Code,  1905. 
Citationa.      Cal.  116/77,  145/502;  150/117. 

ACT  2797. 

To   prevent  compulsory  prostitution   of  women,   and   the   importation   of 

Chinese   or  Japanese   women   for   immoral   purposes,   and   to   provide 

penalties  therefor.     [Stats.  1893,  p.  217.] 

Codified  by  §  266a  et  seq.  of  Penal  Code,   1905:    See  §  266a,  Penal  Code.      See 
also  ante,  Act  592. 

TITLE  396. 
PEOTECTION  DISTRICTS. 
ACT  2802. 

To  protect  lands  not  recognized  as  swamp  lands,  from  overflow.     [Stats. 
1880,  p.  55.] 
Amended  1889,  p.   366. 

"Unconstitutional   in   some   respects.      (Hutson   v.   Protection   District,    79    Cal. 
90.)      Probably  superseded  by  1895,  p.  247." — Code  Commissioners'  Note. 
This  act  provided  for  the  formation  of  protection   districts. 

ACT  2803. 

Providing  for  the   dissolutiun   and   annulment  of  swamp  and   overflowed 

land   reclamation   and   protection   districts  for  nonuser   of   corporate 

powers.     [Stats.  1899,  p.  13.] 

ACT  2804. 

An  act  to  provide  for  the  formation  of  protection  districts  in  the  vari- 
ous counties  of  this  state,  for  the  improvement  and  rectification  of 
the  channels  of  innavigable  streams  and  watercourses,  for  the  pre- 
vention of  the  overflow  thereof,  by  widening,  deepening,  and 
straightening  and  otherwise  improving  the  same,  and  to  autliorize 
the  boards  of  supervisors  to  levy  and  collect  assessments  from  the 
property  benefited  to  pav  the  exnenses  of  the  same.  [Approved 
March  27,  1895.  Stats.  1895,  p.  247.] 
Amended   1897,   p.   219;    1903,   p.   328;    1909,   p.   807. 

Probably    superseded    by    the    act    of    1907,    relating    to    the    organization    and 
formation   of  protection   districts. 

ACT  2805. 

An  act  providing  for  the   organization  and  government  of  districts  for 

the    protection    of    the    lands    of    farming    or    other    comniuiiitios    or 

neighborhoods  within   this  state  from  overflow  or  damage   from   the 

waters    of    any    innavigable    stream,   watercourse,    canyon,    or    wash 

Gen.  Laws — 62 


Act  2805,  §§  1,  2  GENERAL  LAWS.  878 

extending  by,  through,  or  over  such  communities  or  neighlDorhoods, 
and  to  provide  for  the  acquisition  of  lands,  rights  of  way,  and  other 
property  by  purchase,  gift,  or  condemnation,  and  for  extending, 
straightening,  locating,  improving,  and  maintaining  the  channels  of 
such  streams,  watercourses,  canyons,  or  washes,  and  confining  said 
waters  in  such  channels  and  preventing  the  overflow  thereof,  and 
for  the  construction  by  such  districts  of  the  necessary  works  for 
said  purposes. 

[Approved  February  23,  1907.     Stats.  1907,  p.  16.] 
Amended   1907,   p.   850. 

Protection  districts,  organization. 

§1.  Whenever  fifty,  or  a  majority  of  the  owners  who  are  also  the 
owners  of  a  majority  of  the  lands  of  any  farming  or  other  community 
or  neighborhood  within  this  state,  which  lands  lie  in  one  body  and  are 
liable  to  overflow  or  damage  from  the  waters  of  any  innavigable  stream, 
watercourse,  canyon,  or  wash  extending  by,  through,  or  over  such  com- 
munity or  neighborhood,  and  may  be  protected  by  the  same  system  of 
works,  desire  to  provide  for  the  protection  of  such  lands  from  said 
damage,  they  may  propose  the  organization  of  a  protection  district  under 
the  provisions  of  this  act,  and  when  so  organized,  such  district  shall 
have  the  powers,  rights,  and  duties  conferred,  or  which  may  be  conferred 
by  law  upon  such  protection  districts.  The  equalized  county  assess- 
ment-roll next  preceding  the  presentation  of  a  petition  for  the  organiza- 
tion of  a  protection  district  under  the  provisions  of  this  act,  shall  be 
prima  facie  evidence  of  ownership  for  the  purposes  of  this  act;  provided, 
that  no  person  who  has  received  or  acquired  ownership  of  land  within 
such  proposed  district  for  the  purpose  of  enabling  him  or  her  to  join 
in  such  petition  or  to  become  an  elector  of  said  district,  shall  be  com- 
petent to  sign  such  petition  or  vote  at  any  election  held  for  the  purpose 
of  its  organization.  Such  illegal  signing,  however,  shall  not  invalidate 
such  petition  when  there  shall  be  found  a  sufficient  number  of  other 
legal  petitioners. 

Petition  for  formation  of  district.    Bond.     Publication. 

§  2.  In  order  to  propose  the  organization  of  a  protection  district,  a 
petition  shall  be  presented  to  the  board  of  supervisors  of  the  county  in 
which  the  lands  of  the  community  or  neighborhood  and  within  the  pro- 
posed district,  or  the  greater  portion  thereof,  are  situated,  signed  by 
the  required  number  of  owners  of  lands  within  such  proposed  district, 
as  above  provided,  which  petition  shall  set  forth  and  particularly  de- 
scribe the  proposed  boundaries  of  such  district  and  the  purposes  of  such 
organization,  and  shall  pray  that  the  same  be  organized  under  the 
provisions  of  this  act.  The  petitioners  must  accompany  the  petition 
with  a  good  and  sufficient  bond,  to  be  approved  by  the  said  board  of 
supervisors,  in  double  the  amount  of  the  probable  cost  of  organizing 
such  district,  conditioned  that  the  obligors  will  pay  all  the  cost  in  case 
such  an  organization  will  not  be  effected.  The  petition  shall  be  pre- 
sented at  a  regular  meeting  of  said  board  of  supervisors,  and  shall  have 


9T9  PROTECTION  DISTRICTS.  Act  2805,  §§  3-5 

been  published  for  at  least  two  weeks  before  such  presentation,  in  some 
newspaper  of  general  circulation  in  said  community  or  neighborhood 
and  printed  and  published  in  the  county  where  the  petition  is  presented, 
together  with  a  notice  stating  the  date  of  the  meeting  of  said  board 
at  which  the  petition  will  be  presented;  and  if  any  portion  of  the 
proposed  district  lies  within  another  county,  or  counties,  then  said  peti- 
tion and  notice  shall  be  likewise  published  in  such  a  newspaper  printed 
and  published  in  each  of  such  counties. 

Board  of  supervisors,  hearing  on  petition.     Boundaries. 

§  3.  When  such  petition  is  presented,  the  board  of  supervisors  shall 
hear  the  same,  together  with  any  objections  in  writing  which  may  have 
been  made  and  filed  with  said  board  by  any  owner  of  land  within  such 
proposed  district,  and  also  may  adjourn  such  hearing  from  time  to  time, 
not  exceeding  four  weeks  in  all,  and  on  the  final  hearing  said  board 
shall  make  such  changes  in  the  proposed  boundaries  as  may  be  deemed' 
advisable  by  them  in  carrying  out  the  purposes  of  this  act,  and  shall 
define  and  establish  such  boundaries;  but  said  board  shall  not  modify 
said  boundaries  so  as  to  exclude  from  such  proposed  district  any  land 
liable  to  damage  from  the  overflow  of  such  waters,  as  hereinbefore 
stated;  nor  shall  said  board  modify  said  boundaries  so  as  to  include 
within  such  proposed  district  lands  not  liable  to  be  damaged  by  such 
overfliow;  nor  shall  said  board  modify  said  boundaries  so  as  to  include 
any  lands  not  included  within  the  boundaries  proposed  in  said  petition. 
Any  owner  of  lands  adjacent  to  the  borders  of  said  district  may,  by 
his  written  application  therefor  filed  with  said  board  on  or  before  the 
time  of  the  hearing  of  said  petition,  in  the  discretion  of  said  board 
have  such  lands  included  within  said  proposed  district.  Upon  such  hear- 
ing of  said  petition,  the  board  of  supervisors  shall  determine  whether 
or  not  said  petition  complies  with  the  requirements  and  purposes  of 
this  act,  and  must  hear  all  competent  and  relevant  testimony  offered  in 
support  or  in  opposition  thereto.  Such  determination  shall  be  entered 
upon  the  minutes  of  said  board  of  supervisors. 

Election  precincts.     Directors. 

§  4.  When  under  the  provisions  of  the  preceding  sections  the  bound- 
aries of  the  proposed  district  shall  be  defined  and  established  by  said 
board,  they  shall  make  an  order  dividing  said  district  into  three  or  five 
divisions,  as  nearly  equal  in  size  as  practicable,  which  divisions  shall  be 
numbered  consecutively  and  constitute  election  precincts  for  said  dis- 
trict, and  one  director,  who  shall  be  an  elector  and  resident  of  the 
precinct  for  which  he  is  elected,  shall  be  elected  as  hereinafter  provided, 
by  each  precinct;  provided  that  when  requested  in  the  petition,  three 
directors,  who  shall  be  residents,  and  electors,  of  the  district,  shall  be 
elected  at  large  by  the  qualified  electors  of  the  district. 

Notice  of  election.     Publication.     Ballots, 

§5.  Said  board  of  supervisors  shall  then  give  notice  of  an  election 
to  be   held  in   such   proposed   district,   for   the   purpose   of    determining 


Act  2805,  §§  6-8  GENERAL  LAWS.  980 

whether  or  not  the  same  shall  be  organized  under  the  provisions  of  this 
act.  Such  notice  shall  designate  a  name  for  such  proposed  district  and 
describe  the  boundaries  of  the  precincts  established  therein,  when  more 
than  one,  together  with  a  designation  of  the  polling-place  and  board 
of  election  for  each  precinct;  and  said  notice  shall  be  published  for  at 
least  three  weeks  previous  to  such  election,  in  a  newspaper  of  general 
circulation  within  the  boundaries  of  said  proposed  district  and  pub- 
lished within  the  county  in  which  the  petition  for  the  organization  of 
such  district  was  presented;  and  if  any  portion  of  such  proposed  district 
is  within  another  county,  or  counties,  then  such  notice  shall  be  pub- 
lished for  the  same  length  of  time  in  such  a  newspaper  published  in 
each  of  said  counties.  Such  notice  shall  require  the  electors  to  cast 
ballots  which  shall  contain  the  words  "Protection  District— Yes,"  or, 
"Protection  District — No,"  or  words  equivalent  thereto,  and  also  the 
names  of  one  or  more  persons  (according  to  the  division  of  the  proposed 
district  as  prayed  for  in  the  petition  and  ordered  by  the  board),  to  be 
voted  for  to  fill  the  office  of  director.  Such  election  shall  be  conducted, 
as  nearly  as  practicable,  in  accordance  with  the  general  laws  of  the 
state,  but  no  particular  form  of  ballot   shall  be  required. 

Who  entitled  to  vote  at  elections  held  under  act. 

§  6,  No  person  shall  be  entitled  to  vote  at  any  election  held  under 
the  pro^'isions  of  this  act  unless  he  possesses  all  the  qualifications  re- 
quired of  electors  under  the  general  election  laws  of  the  state,  provided 
however  that  any  person  who  is  an  actual  and  bona  fide  owner  of  one 
or  more  acres  of  land  located  and  situated  in  said  district  shall  have 
the  right  to  vote  at  any  election  held  hereunder,  whether  he  be  a 
resident  of  said  district  or  not.  [Amendment  approved  March  21,  1907. 
Stats.   1907,  p.  850.] 

Canvass  of  vote.     Declaration  of  result. 

§  7.  Said  election  shall  then  be  held,  and  the  said  board  of  super- 
visors shall,  on  the  first  Monday  succeeding  such  election,  if  then  in 
session,  or  at  its  next  succeeding  general  or  special  session,  proceed  to 
canvass  the  votes  cast  thereat,  and  if  upon  such  canvass  it  appear  that 
at  least  two-thirds  of  all  the  votes  cast  are  "Protection  District — Yes," 
the  board  shall,  by  an  order  entered  in  its  minutes,  declare  such  territory 
duly  organized  as  a  protection  district,  under  the  name  theretofore 
designated,  and  shall  declare  the  persons  receiving,  respectively,  the 
highest  number  of  votes  for  directors,  to  be  duly  elected  to  such  offices. 

Copy  of  order  to  he  recorded. 

§8.  Said  board  shall  then  cause  a  copy  of  such  order,  duly  certified 
by  the  clerk  of  said  board,  to  be  immediately  filed  for  record  in  the 
office  of  the  county  recorder  of  any  county  in  which  any  portion  of 
the  lands  embraced  in  such  district  is  situated,  and  must  also  imme- 
diately forward  a  copy  thereof  to  the  clerk  of  the  board  of  super- 
visors of  each  of  said  last  mentioned  counties;  and  no  board  of  super- 
visors of   any   county  in   which   any   portion   of   the   lands   embraced   in 


931  PROTECTION  DISTRICTS.  Act  2805,  J  §  9-12 

such  districts  are  situated,  shall,  after  the  date  of  the  organization 
thereof,  allow  another  district  to  be  formed  including  any  portion  of 
said  lands,  without  the  consent  of  the  board  of  directors  of  the  district 
in  which  they  are  situated.  From  and  after  such  filing,  the  organiza- 
tion of  the  district  shall  be  complete. 

Contest. 

§  9.  Such  election  or  organization  may  be  contested  by  any  person 
owning  property  within  the  proposed  district  liable  to  assessmiMit.  The 
directors  elected  at  such  election  shall  be  made  parties  defendant. 
Such  contest  shall  be  brought  in  the  superior  court  of  the  county  where 
the  petition  for  organization  is  filed;  provided,  that  if  more  than  one 
contest  be  pending,  they  shall  be  consolidated  and  tried  together.  The 
court  having  jurisdiction  shall  speedily  try  such  contest,  and  deter- 
mine upon  the  hearing  whether  the  election  was  fairly  conducted  and  in 
substantial  compliance  with  the  requirements  of  this  act,  and  enter  its 
judgment  accordingly.  Such  contest  may  be  brought  within  twenty 
days  after  the  canvass  of  the  vote  and  declaration  of  the  result  by  the 
board  of  supervisors,  but  not  later.  The  right  of  appeal  is  hereby 
given  to  either  party  to  the  record. 

Directors,  term  of  office. 

§10.  The  directors  elected  at  the  election  hereinbefore  provided 
for.  shall  immediately  enter  upon  their  duties  as  such,  upon  qualifying 
in  the  manner  herein  provided.  Said  directors  shall  hold  office,  re- 
spectively, until  their  successors  are  elected  and  qualified. 

Classification  of  directors.     Organization.     Secretary. 

§  11.  Such  directors  shall,  on  the  first  Tuesday  after  their  election 
after  they  shall  have  qualified,  meet  and  classify  themselves  by  lot  into 
two  classes,  as  nearly  equal  in  number  as  possible,  and  the  term  of 
office  of  the  class  having  the  greatest  number  shall  expire  at  the  next 
general  February  election  in  this  act  provided  for;  and  the  term  of 
office  of  the  class  having  the  lesser  number  shall  terminate  at  the  next 
general  February  election  thereafter.  After  such  classification  said 
directors  shall  organize  as  a  board,  shall  elect  a  president  from  their 
number  and  appoint  a  secretary,  who  shall  each  hold  office  during  the 
pleasure  of  the  board.  The  salary  of  the  secretary  and  the  amount  of 
the  bond  to  be  given  by  him  for  the  faithful  performance  of  his  duties 
shall  be  fixed  by  the  board  of  directors. 

Meetings.    Minutes  of  proceedings.     Financial  statement. 

§  12.  The  board  of  directors  shall  hold  regular  meetings  in  their 
office,  on  the  first  Tuesday  in  March,  June,  September,  and  December, 
and  such  special  meetings  as  may  be  required  for  the  proper  transaction 
of  business;  provided,  that  all  special  mtetings  must  be  ordered  by  a 
majority  of  the  board,  by  an  order  entered  in  the  minutes  specifying 
the  business  to  be  transacted.  Three  days'  notice  to  any  member  not 
joining  in  the  order  must  be  given  by  the  secretary,  and  only  the  busi- 
ness specified  in  the  order  must  be  transacted  at  such  special  meeting. 


Act  2805,  §§  13,  14  GENERAL  LAWS.  982 

All  meetings  of  the  board  must  be  public,  and  a  majority  of  the  mem- 
bers shall  constitute  a  quorum  for  the  transaction  of  business.  A  min- 
ute of  all  proceedings  of  the  board  shall  be  kept  by  the  secretary,  and 
all  records  of  the  board  shall  be  open  to  public  inspection  during  business 
hours.  The  board  of  directors  shall,  on  the  first  Tuesday  in  March  of 
each  and  every  year,  render,  and  immediately  ther(5after  cause  to  be 
published,  a  verified  statement  of  the  financial  condition  of  the  dis- 
trict, showing  particularly  the  receipts  and  disbursements  of  the  last 
preceding  year,  together  with  the  source  of  such  receipts  and  purpose 
of  such  disbursements.  Said  publication  shall  be  made  at  least  once 
a  weekj  for  two  weeks,  in  some  paper  of  general  circulation  within 
said  district  and  published  in  the  county  where  the  ofdce  of  the  board 
of  directors  of  such  district  is  situated. 

Coiiduct  of  affairs  of  district.    Acquisition  of  land. 

§  13.  The  board  of  directors  shall  have  the  power,  and  it  shall  be 
their  duty,  to  manage  and  conduct  the  business  and  affairs  of  the  dis- 
trict; to  make  and  execute,  in  the  name  of  the  district,  all  necessary 
contracts;  to  adopt  a  seal  for  the  district,  to  be  used  in  the  attestation 
of  proper  documents;  to  provide  for  the  payment  from  the  proper  fund 
of  all  the  debts  and  just  claims  against  the  district;  to  employ  and 
appoint  engineers  to  survey,  plan,  locate,  and  supervise  the  construction 
of  works  necessary  for  the  protection  of  the  lands  within  said  district 
from  damage  by  overflow  from  the  waters  of  said  stream,  watercourse, 
canyon,  or  wash,  as  hereinbefore  stated,  and  to  estimate  the  cost  of 
such  works  and  the  land  needed  for  right  of  way,  also  to  construct, 
maintain,  and  keep  in  repair  all  works  necessary  for  the  purpose  of  such 
protection.  The  board  and  its  agents  and  employees  shall  have  the 
right  to  enter  upon  any  land  to  make  surveys,  and  may  locate  the 
necessary  protection  works  for  the  purpose  of  protecting  the  lands  of 
said  district  from  damage  by  the  overflow  of  the  waters  of  said  stream, 
watercourse,  canyon  or  wash.  Said  board  shall  also  have  the  right  to 
acquire,  hold,  and  possess,  either  by  donation,  purchase,  or  condemna- 
tion, in  the  name  and  on  behalf  of  said  district,  any  land  or  other  prop- 
erty necessary  for  the  construction,  use,  maintenance,  repair,  and  im- 
provement of  any  works  for  the  purpose  of  protection,  as  herein  pro- 
vided. The  board  may  establish  equitable  by-laws,  rules,  and  regulations 
necessary  or  proper  for  carrying  on  the  business  herein  provided  for. 

Change  of  boundaries. 

§  14.  The  board  of  directors,  when  they  deem  it  advisable,  for  the 
best  interests  of  the  district,  and  the  convenience  of  the  electors  thereof, 
may  at  any  time,  but  not  less  than  sixty  days  before  an  election  to  be 
held  in  the  district,  change  the  boundaries  of  the  election  precincts  of 
the  district;  provided,  such  changes  shall  be  made  to  keep  all  the  pre- 
cincts as  nearly  equal  in  area  and  population  as  may  be  practicable. 
Such  changes  of  boundaries  of  the  precincts  must  be  shown  on  the 
minutes  of  the  board. 


983  PROTECTION  DISTRICTS.  Act  2805,  §§  15-17 

Condemnation  proceedings, 

§15.  In  case  of  condemnation  proceedings,  tlie  board  shall  proceed, 
in  the  name  of  the  district,  under  the  provisions  of  Title  VII,  Part  III, 
of  the  Code  of  Civil  Procedure,  which  said  provisions  are  hereby  made 
applicable  for  that  purpose;  and  it  is  hereby  declared  that  the  use  of 
the  property  which  may  be  condemned,  taken,  or  appropriated  under 
the  provisions  of  this  act,  is  a  public  use,  subject  to  the  regulation  and 
control  of  the  state,  in  the  manner  prescribed  by  law. 

Elections.     Official  "bonds.     Vacancies. 

§  16.  In  each  district  organized  as  herein  provided,  an  election  shall 
be  held  on  the  first  Wednesday  in  February  of  each  odd-numbered  year, 
at  which  directors  for  the  district  shall  be  elected  to  fill  the  places  of 
those  whose  terms  then  expire.  The  person  receiving  the  highest  number 
of  votes  for  the  office  to  be  filled  at  such  election  is  elected  thereto. 
Within  ten  days  after  receiving  their  respective  certificates  of  election," 
each  of  said  persons  shall  qualify  as  such  director  by  taking  and  sub- 
scribing the  official  oath  and  filing  a  bond,  as  herein  provided.  Each 
director  shall  execute  an  official  bond  in  the  sum  of  five  thousand 
dollars,  which  shall  be  approved  by  the  judge  of  the  superior  court  of 
the  county  where  the  organization  of  the  district  was  effected,  and 
shall  be  recorded  in  the  office  of  the  county  recorder  of  such  county, 
and  then,  together  with  his  official  oath,  filed  with  the  secretary  of  the 
board  of  directors.  All  official  bonds  herein  provided  shall  be  in  the 
form  prescribed  by  law  for  the  official  bonds  of  county  officers.  If  a 
vacancy  shall  occur  in  the  office  of  director,  the  same  shall  be  filled 
by  appointment  by  the  remaining  members  of  said  board  of  directors. 
A  director  so  appointed  shall  qualify  within  ten  days  after  receiving 
notice  of  his  appointment,  as  in  said  act  provided,  as  if  he  were  elected 
to  such  office,  as  hereinbefore  provided;  and  he  shall  hold  such  office 
only  until  the  next  regular  election  for  such  district,  and  until  Ms 
successor  is  elected  and  qualified. 

Organization  of  board.     Office,  place  of. 

§  17.  On  the  first  Tuesday  in  March  next  following  the  election,  the 
directors  who  shall  have  been  elected  at  the  general  February  election, 
and  those  whose  terms  have  not  expired  shall  meet  and  organize  as  a 
board,  elect  a  president  and  appoint  a  secretary,  who  shall  each  hold 
office  during  the  pleasure  of  the  board.  The  full  term  of  office  of  direct- 
ors is  hereby  fixed  at  four  years.  The  office  of  the  board  of  directors 
of  any  such  district  may  be  established  by  said  board  of  directors  at 
the  county  seat,  of  the  county  where  the  same  was  organized,  or  at 
some  proper  and  convenient  place  within  the  district,  but  after  the 
office  is  once  established  it  shall  not  be  changed  without  giving  notice 
thereof  by  posting  in  three  public  places  in  the  district  and  by  pub- 
lishing a  similar  notice  for  thirty  days  in  some  newspaper  of  general 
circulation  throughout  said  district  and  published  in  the  county  where 
the  same  is  organized. 


Act  2805,  §§  18-21  GENERAL  LAWS.  084 

Notice  of  election.     Election  officers,  appointment. 

§  18,  Fifteen  days  before  any  election  held  under  this  act,  subsequent 
to  the  organization  of  any  district,  the  secretary  of  the  board  of 
directors  shall  cause  notices  to  be  posted  in  three  public  places  in  each 
election  precinct,  of  the  time  and  place  of  holding  the  election,  and 
shall  also  post  a  similar  notice  of  the  same  in  a  conspicuous  place  in 
the  office  of  said  board,  specifying  the  polling-places  of  each  precinct, 
and  the  names  of  the  members  of  the  boards  of  election,  for  each  pre- 
cinct. Prior  to  the  time  for  posting  such  notices,  the  board  must  ap- 
point for  each  precinct,  from  the  electors  thereof,  one  inspector  and 
one  judge  and  one  clerk,  who  shall  constitute  a  board  of  election  for 
such  precinct.  If  the  board  fail  to  appoint  a  board  of  election,  or  the 
members  appointed,  or  any  of  them,  do  not  attend  at  the  opening  of  the 
polls  on  the  morning  of  election,  the  electors  of  the  precinct  present  at 
that  hour,  may  appoint  the  board,  or  supply  the  place  of  an  absent 
member  thereof.  The  board  of  directors  must  in  its  order  appointing 
the  board  of  election,  designate  the  place  within  each  precinct  where 
the  election  must  be  held. 

Organization  of  election  board.     Polls,  when  opened  and  when  closed. 

§  19.  The  inspector  is  chairman  of  the  election  board,  and  may  ad- 
minister all  oaths  required  in  the  progress  of  an  election;  and  appoint 
judges  and  clerks,  if,  during  the  progress  of  the  election,  any  judge 
or  clerk  cease  to  act.  Any  member  of  the  board  of  election,  or  any 
clerk  thereof,  may  administer  and  certify  oaths  required  to  be  admin- 
istered during  the  progress  of  an  election.  The  board  of  election  for 
each  precinct  must,  before  opening  the  polls,  appoint  two  persons  to  act 
as  clerks  of  the  election.  Before  opening  the  polls,  each  member  of 
the  board  and  each  clerk  must  take  and  subscribe  an  oath  to  faithfully 
perform  the  duties  imposed  upon  them  by  law.  Any  elector  of  the 
precinct  may  administer  any  certify  such  oath.  The  polls  must  be  open 
at  9  o'clock  A.  M.,  and  be  kept  open  until  4  o'clock  P.  M.,  when  the 
same  must  be  closed.  The  provisions  of  the  general  election  laws  con- 
cerning the  form  of  ballots  to  be  used  shall  not  apply  to  elections  held 
under  this  act. 

Voting. 

§20.  Voting  may  commence  as  soon  as  the  polls  are  opened,  and  may 
be  continued  during  all  the  time  the  polls  remain  opened,  and  shall  be 
conducted,  as  nearly  as  practicable,  in  accordance  with  the  provisions 
of  the  general  election  laws  in  this  state. 

Election  returns. 

§  21.  As  soon  as  all  the  votes  are  read  off  and  counted,  a  certificate 
shall  be  drawn  up  on  each  of  the  papers  containing  the  poll-list  and 
tallies,  or  attached  thereto,  stating  the  number  of  votes  each  one  voted 
for  has  received,  and  designating  the  office  to  fill  which  he  was  voted 
for,  which  number  shall  be  written  in  figures  and  in  words  at  full 
length.     Each   certificate  shall   be   signed   by   the   clerk,  judge   and   the 


985  PftOTECTION  DISTRICTS.  Act  2805,  §§  22-24 

inspector.  One  of  said  certificates  with  the  poll-list  and  the  tally  paper 
to  which  it  is  attached,  shall  be  retained  by  the  inspector,  and  pre- 
served by  him  at  least  six  months.  The  ballots  shall  be  strung  upon  a 
cord  or  thread  by  the  inspector,  during  the  counting  thereof,  in  the 
order  in  which  they  are  entered  upon  the  tally-list  by  the  clerks;  and 
said  ballots  together  with  the  other  of  said  eertificatcs,  with  the  poll- 
list  and  tally  paper  to  which  it  is  attached,  shall  be  sealed  by  the 
inspector  in  the  presence  of  the  judges  and  clerks  and  indorsed  "election 
returns  of  (naming  the  precinct)  precinct"  and  be  directed  to  the  secre- 
tary of  the  board  of  directors  and  shall  be  immediately  delivered  by 
the  inspector,  or  by  some  other  safe  and  responsible  carrier  designated 
by  said  inspector,  to  said  secretary,  and  the  ballots  shall  be  kept  un- 
opened for  at  least  six  months,  and  if  any  person  be  of  the  opinion 
that  the  vote  of  any  precinct  has  not  been  correctly  counted,  he  may 
appear  on  the  day  appointed  for  the  board  of  directors  to  open  and. 
canvass  the  returns  and  demand  a  recount  of  the  vote  of  the  precinct 
that  is  so  claimed  to  have  been  incorrectly  counted. 

Canvass  of  returns. 

§  22.  No  list,  tally  paper,  or  certificate,  from  any  election,  shall  be 
set  aside  or  rejected  for  want  of  form  if  it  can  be  satisfactorily  under- 
stood. The  board  of  directors  must  meet  at  its  usual  place  of  meeting 
on  the  first  Monday  after  each  election  to  canvass  the  returns.  If,  at 
the  time  of  meeting,  the  returns  from  each  precinct  in  the  district  in 
which  the  polls  were  opened  have  been  received,  the  board  of  directors 
must  then  and  there  proceed  to  canvass  the  returns;  but  if  all  the 
returns  have  not  been  received,  the  canvass  must  be  postponed  from 
day  to  day  until  the  returns  have  been  received,  or  until  six  postpone- 
ments have  been  had.  The  canvass  must  be  made  in  public  and  by  open- 
ing the  returns  and  computing  the  vote  of  the  district  for  each  person 
voted  for  and  declaring  the  result  thereof. 

Declaration  of  result. 

§  23.  The  secretary  of  the  board  of  directors  must,  as  soon  as  the 
result  is  declared,  enter  in  the  records  of  such  board  a  statement  of 
such  result,  which  statement  must  show:  (a)  the  whole  number  of 
votes  cast  in  the  district  and  in  each  precinct  thereof  if  there  be  more 
than  one  precinct;  (b)  the  names  of  the  persons  voted  for;  (c)  the 
office  to  fill  which  each  person  was  voted  for;  (d)  the  number  of  votes 
given  in  each  precinct  to  each  of  such  persons;  (e)  the  number  of 
votes  given  in  each  division  for  the  office  of  director.  The  board  of 
directors  must  declare  the  persons  having  the  highest  number  of  votes 
given  for  each  ofiace.  The  secretary  must  immediately  make  out  and 
deliver  to  such  person  a  certificate  of  election,  signed  by  him,  and 
authenticated  with  the  seal  of  the  board. 

Number  of  directors. 

§  24.  In  any  district  the  board  of  directors  thereof  may,  upon  the 
presentation  of  a  petition  therefor,  by  a  majority  of  the  land  owners 


Act  2805,  §§  25,  26  GENERAL  LAWS.  986 

of  said  district,  order  that  on  and  after  the  next  ensuing  general  elec- 
tion for  the  district,  there  shall  be  either  three  or  five  directors,  as 
said  board  may  order,  and  they  shall  be  eletted,  by  the  district  at 
large,  or  by  divisions,  as  so  petitioned  and  ordered;  and  after  such 
order  such  directors  shall  be  so  elected. 

Titles  to  district  property,  where  vested. 

§  25.  The  legal  title  to  all  property  acquired  under  the  provisions  of 
this  act  shall  immediately  and  by  operation  of  law  vest  in  such  protec- 
tion district,  and  shall  be  held  by  such  district  in  trust  for  and  is  hereby 
dedicated  and  set  apart  to  the  uses  and  purposes  set  forth  in  this  act. 
And  said  board  is  hereby  authorized  and  empowered  to  hold,  use,  ac- 
quire, manage,  occupy,  and  possess  said  property  as  herein  provided. 
The  said  board  is  hereby  authorized  and  empowered  to  take  convey- 
ances or  other  assurances  for  all  property  acquired  by  it  under  the  pro- 
visions of  this  act,  in  the  name  of  such  protection  district,  to  and  for 
the  uses  and  purposes  herein  expressed,  and  to  institute  and  maintain 
or  defend  any  and  all  actions  and  proceedings,  suits  at  law  or  in  equity, 
necessary  or  proper  in  order  to  fully  carry  out  the  provisions  of  this 
act,  or  to  enforce,  maintain,  protect,  or  preserve  any  and  all  rights, 
privileges,  and  immunities  created  by  this  act,  or  acquired  in  pursuance 
thereof.  And  in  all  courts,  actions,  suits,  or  proceedings,  the  said  board 
may  sue,  appear,  and  defend  in  person  or  by  attorneys,  and  in  the  name 
of  such  protection  district. 

Employment  of  engineer.     Plans  for  work.    Bond  election.     Additional 

money. 

§  26.  Upon  the  completion  of  the  organization  of  such  district  and 
of  its  board  of  directors,  as  hereinbefore  provided  for,  said  board  of 
directors  shall  employ  a  civil  engineer,  or  engineers,  to  make  a  plan, 
or  plans,  for  the  construction  of  works  necessary  for  the  protection  of 
the  land  of  such  district  from  overflow  and  damage  as  hereinbefore 
specified;  and  also  an  estimate  of  the  cost  of  said  works  and  of  the 
lands  and  property  necessary  to  be  taken  or  injured  by  such  construc- 
tion; which  engineer,  or  engineers,  shall  report  in  writing  to  said  board 
such  plans  and  estimates,  when  completed;  and  said  board  of  directors, 
after  securing  such  plans  and  estimates,  shall  determine  therefrom  and 
such  other  information  and  evidence  as  they  majj-  deem  proper  to  secure, 
the  probable  cost  of  the  construction  of  said  works  and  the  lands  and 
property  necessary  to  be  taken  and  injured  by  such  construction.  Said 
board  shall  thereupon  call  a  special  election,  at  which  shall  be  sub- 
mitted to  the  electors  of  such  district  the  question  whether  or  not  the 
bonds  of  said  district  shall  be  issued  in  the  amount  so  determined. 
Notice  of  such  election  must  be  given  by  posting  notices  in  three  public 
places  in  each  election  precinct  in  said  district  for  at  least  twenty 
days,  and  also  by  publication  of  such  notice  in  some  newspaper  of  gen- 
eral circulation  within  said  district  and  published  in  the  county  where 
the  ofiSce  of  the  board  of  directors  of  such  district  is  required  to  be 
kept,  once   a  week  for   at  least   three   successive  week*.     Such   notices 


987  PROTECTION  DISTRICTS.  Act  2805,  §  27 

must  specify  the  time  of  holding  the  election,  the  amount  of  bonds 
proposed  to  be  issued;  and  said  election  must  be  held  and  the  result 
thereof  determined  and  declared  in  all  respects  as  nearly  as  practicable 
in  conformity  with  the  provisions  of  this  act  governing  the  election  of 
officers;  provided,  that  no  informalities  in  conducting  such  an  election 
shall  invalidate  the  same,  if  the  election  shall  have  been  otherwise 
fairly  conducted.  At  such  election  the  ballots  shall  contain  the  words 
"Bonds — Yes"  or  "Bonds — No,"  or  words  equivalent  thereto.  If  a  ma- 
jority of  the  votes  cast  are  "Bonds — Yes,"  the  board  of  directors  shall 
cause  bonds  in  said  amount  to  be  issued;  if  a  majority  of  the  votes 
cast  at  any  bond  election  are  "Bonds— No,"  the  result  of  such  election 
shall  be  so  declared  and  entered  of  record.  Whenever,  also,  the  con- 
struction fund  in  this  act  provided  for  has  been  exhausted  by  expendi- 
tures therefrom  as  in  this  act  authorized,  and  it  is  necessary  to  raise 
additional  money  for  said  purpose,  the  board  of  directors  may  estimate 
and  determine  the  amount  of  the  money  necessary  to  be  raised  anS 
thereupon  submit  to  said  electors  the  question  of  raising  the  same  by 
the  issuance  of  bonds  in  the  same  manner  and  with  like  effect  as  at 
such  previous  election  hereinbefore  provided  for. 

Bonds,  when  payable.     Interest  rate. 

§  27.  All  bonds  issued  under  the  provisions  of  this  act  shall  be  pay- 
able in  gold  coin  of  the  United  States,  in  ten  series  as  follows,  to  wit: 
On  the  first  day  of  January  after  the  expiration  of  eleven  years,  five 
per  cent  of  the  whole  number  of  said  bonds;  on  the  first  day  of  Jan- 
uary, after  the  expiration  of  twelve  years,  six  per  cent;  on  the  first 
day  of  .January  after  the  expiration  of  thirteen  years,  seven  per  cent; 
on  the  first  day  of  January  after  the  expiration  of  fourteen  years, 
eight  per  cent;  on  the  first  day  of  January  after  the  expiration  of 
fifteen  years,  nine  per  cent;  on  the  first  day  of  January  after  the  ex- 
piration of  sixteen  years,  ten  per  cent;  on  the  first  day  of  January 
after  the  expiration  of  seventeen  years,  eleven  per  cent;  on  the  first 
day  of  January  after  the  expiration  of  eighteen  years,  thirteen  per 
cent;  on  the  first  day  of  January  after  the  expiration  of  nineteen 
years,  fifteen  per  cent;  on  the  first  day  of  January  after  the  expira- 
tion of  twenty  years,  sixteen  per  cent;  that  the  several  enumerated 
percentages  being  of  the  entire  amount  of  the  bond  issue,  but  each 
bond  must  be  made  payable  at  a  given  time  for  its  entire  amount  and 
not  for  a  percentage.  Said  bonds  shall  bear  interest  at  a  rate  to  be 
determined  by  said  board  of  directors  and  specified  in  said  notice  of 
election  not  to  exceed  six  per  cent  per  annum,  payable  semi-annually, 
on  the  first  day  of  January  and  July  of  each  year.  The  principal  and 
interest  shall  be  payable  at  the  place  designated  therein.  Said  bonds 
shall  be  each  of  the  denomination  of  not  less  than  one  hundred  dollars 
nor  more  than  five  hundred  dollars;  shall  be  negotiable  in  form,  signed 
by  the  president  and  secretary,  and  the  seal  of  the  board  of  directors 
shall  be  affixed  and  the  bonds  of  each  issue  shall  be  numbered  consecu- 
tively, and  bear  date  at  the  time  of  their  issue.  Coupons  for  the  inter- 
est shall  be  attached  to  each  bond,  signed  by  the  secretary.     Said  bonds 


Act  2805,  §§28-30  GENERAL  LAWS,  988 

shall  express  on  their  face  that  they  were  signed  by  authority  of  this 
act,  stating  its  title  and  date  of  approval,  and  shall  also  so  state  the 
number  of  the  issue  of  which  such  bonds  are  a  part.  The  secretary 
shall  keep  a  record  of  the  bonds  sold,  their  number,  the  date  of  sale, 
the  price  received,  and  the  name  of  the  purchaser. 

Sale  of  bonds.    Publication,    Proposals, 

§  28,  The  board  may  sell  said  bonds  from  time  to  time,  in  such  quan- 
tities as  may  be  necessary  and  most  advantageous  to  raise  money  for  the 
construction  of  said  works,  the  acquisition  of  said  property  and  rights, 
and  otherwise  to  fully  carry  out  the  objects  and  purposes  of  this  act. 
Before  making  .any  sale  the  board  shall,  at  a  meeting,  by  resolution, 
declare  its  intention  to  sell  a  specified  amount  of  the  bonds,  and  the 
day  and  hour  and  place  of  such  sale,  and  shall  cause  such  resolution 
to  be  entered  in  the  minutes,  and  notice  of  the  sale  to  be  given,  by 
publication  thereof  at  least  three  weeks  in  some  newspaper  of  general 
circulation  in  said  district  and  published  in  the  county  where  the  office 
of  the  said  board  is  located,  and  in  any  other  newspaper,  at  its  discre- 
tion. The  notice  shall  state  that  sealed  proposals  will  be  received  by 
the  board  at  their  office,  for  the  purchase  of  bonds,  till  the  day  and 
hour  named  in  the  resolution.  At  the  time  appointed  the  board  shall 
open  the  proposals,  and  award  the  purchase  of  the  bonds  to  the  highest 
responsible  bidder;  provided,  however,  that  thoj^  may  reject  all  bids. 
Said  board  shall  in  no  event  sell  any  of  said  bonds  for  less  than  the 
par  value  thereof. 

Bonds  a  Hen  against  property. 

§  29.  Any  bonds  issued  under  the  provisions  of  this  act  shall  be  a 
lien  upon  the  property  of  the  district  and  the  lien  for  the  bonds  of 
any  issue  shall  be  a  preferred  lien  to  that  for  any  subsequent  issue. 
Said  bonds,  and  the  interest  thereon,  shall  be  paid  by  revenue  derived 
from  an  annual  assessment  upon  the  real  property  of  the  district;  and 
all  the  real  property  in  the  district  shall  be  and  remain  liable  to  be 
assessed  for  such  payments  as  hereinafter  provided. 

Assessments.     To  be  submitted  to  electors, 

§  30.  In  case  the  money  raised  by  the  sale  of  bonds  issued  be  in- 
sufficient or  in  case  the  bonds  be  unavailable  for  the  completion  of  the 
works,  and  additional  bonds  be  not  voted,  the  board  of  directors  shall 
provide  for  the  completion  of  said  works  by  levying  assessments  there- 
for; provided,  however,  that  such  levy  of  assessment  shall  not  be  made 
except  first  an  estimate  of  the  amount  required  for  the  purpose  thereof 
has  been  made  by  said  board,  and  the  question  as  to  the  making  of 
said  levy  submitted  to  a  vote  of  the  electors  of  the  district.  Before 
such  question  is  submitted,  the  order  of  submission  shall  be  entered  in 
the  minutes  of  the  board,  stating  the  amount  to  be  levied  and  the  pur- 
pose therefor,  and  if  submitted  at  a  special  election  said  order  shall, 
in  addition,  fix  the  day  of  election.  Notice  of  such  election  must  be 
given   by   posting   notices   in   three   public   places   in   each    election   pre- 


989  PROTECTION  DISTRICTS.  Act  2805,  §§  31-33 

cinct  in  snid  district  for  at  least  twenty  days,  and  also  by  publication 
of  such  notice  in  some  newspaper  of  general  circulation  in  said  district 
and  published  in  the  county  where  the  office  of  the  board  of  directors 
of  such  district  is  required  to  be  kept,  once  a  week  for  at  least  three 
successive  weeks.  Such  notices  must  specify  the  time  of  holding  the 
election,  and  the  amount  of  assessment  proposed  to  be  levied.  Said 
election  must  be  held  and  the  result  thereof  determined  and  declared  in 
all  respects  as  nearly  as  practicable  in  conformity  with  the  provisions 
of  this  act  governing  the  election  of  officers;  provided,  that  no  informali- 
ties in  conducting  such  an  election  shall  invalidate  the  same,  if  the 
election  shall  have  been  otherwise  fairly  conducted.  At  such  election 
the  ballots  shall  contain  the  words,  "Assessment — Yes,"  or  "Assess- 
ment— No,"  or  words  equivalent  thereto.  If  a  majority  of  the  votes 
cast  are  "Assessment — Yes,"  the  board  of  directors  shall  proceed  in  the 
manner  prescribed  in  the  sections  herein  provided  for  raising  funds  for_ 
the  annual  requirements;  if  a  majority  of  the  votes  cast  are  "Assess- 
ment— No,"  the  result  of  such  election  shall  be  so  declared  and  entered 
of  record. 

New  bonds. 

§31.  Whenever  a  district  organized  under  the  provisions  of  this  act, 
has  outstanding  bonds,  coupons,  or  other  evidences  of  indebtedness,  the 
payment  thereof  may  be  provided  for  by  the  issuance  of  new  bonds,  in 
the  manner  hereinafter  prescribed. 

Funding  of  bonds. 

§  32.  In  order  to  propose  the  funding  of  such  bonds,  coupons,  or  other 
evidences  of  indebtedness  a  petition  shall  be  presented  to  the  board  of 
directors  of  such  protection  district,  signed  by  a  majority  of  the  owners 
of  the  land  situated  therein,  which  petition  shall  set  forth  the  amount 
of  bonds,  coupons,  or  other  evidences  of  indebtedness  proposed  to  be 
funded,  together  with  a  general  description  of  same,  also  the  total 
amount  of  the  bonds  sought  to  be  issued  (provided,  that  said  amount 
shall  in  no  case  be  greater  than  the  total  amount  of  bonds,  coupons, 
and  other  evidences  of  indebtedness  then  outstanding  and  sought  to  be 
funded),  together  with  a  full  and  complete  statement  of  the  purposes 
for  which  such  bonds  are  to  be  used.  On  presentation  of  such  petition, 
the  same  shall  be  entered  in  full  on  the  minutes  of  the  board. 

Special  election. 

§33.  Immediately  after  the  recording  of  said  petition  the  board 
shall  call  a  special  election,  at  which  shall  be  submitted  to  the  electors 
of  such  district  the  question  whether  or  not  the  bonds  of  such  district  in 
the  amount  set  forth  in  said  petition  shall  be  issued.  Notice  of  such 
election  must  be  given  by  posting  notices  in  three  public  places  in 
each  election  precinct  in  said  district  for  at  least  twenty  days,  and 
also  by  publication  of  such  notice  in  some  newspaper  of  general  circula- 
tion in  said  district  and  published  in  the  county  where  the  office  of 
the   board  of   directors  of   such   district  is   required  to   be  kept,  once   a 


Act  2805,  §§  34-36  GENERAL  LAWS.  9D0 

week  for  at  least  three  successive  weeks  before  such  election.  Such 
notice  must  specify  the  time  of  holding  the  election,  the  amount  of 
bonds  proposed  to  be  issued,  the  amount  of  bonds,  coupons  or  other  evi- 
dences of  indebtedness  proposed  to  be  funded,  together  with  a  general 
description  of  the  same.  Said  election  shall  be  held  and  the  result  thereof 
determined  and  declared  in  all  respects  as  nearly  as  practicable  in  con- 
formity with  the  provisions  governing  the  election  of  officers;  provided, 
that  no  informalities  in  conducting  such  an  election  shall  invalidate  the 
same,  if  the  election  shall  have  been  otherwise  fairly  conducted.  At 
such  election,  the  ballots  shall  contain  the  words  "Bonds — Yes"  or 
"Bonds — No"  or  words  equivalent  thereto.  If  two-thirds  of  the  votes 
cast  fire  "Bonds — Yes"  the  board  of  directors  shall  cause  bonds  in  said 
amount  to  be  issued.  If  more  than  one-third  of  the  votes  cast  at  such 
election  are  "Bonds — No,"  the  result  of  such  election  shall  be  so  de- 
clared.    The  result  in  either  case  shall  be  duly  entered  of  record. 

Refunding  bonds,  how  payable. 

§34.  If  said  bonds  are  directed  to  be  issued  as  herein  provided  for 
the  board  of  directors  shall  cause  the  same  to  be  issued.  Said  bonds 
shall  be  made  payable  in  gold  coin  of  the  United  States,  in  twenty 
series,  as  follows,  to  wit:  On  the  first  day  of  January  after  the  expira- 
tion of  twenty  years,  five  per  cent  of  the  whole  amount  of  said  bonds, 
and  on  the  first  day  of  January  of  each  year  thereafter,  an  equal  amount 
of  such  bonds  until  all  shall  have  been  finally  paid;  that  is,  five  per  cent 
of  the  whole  issue  of  bonds — not  five  per  cent  of  each  bond,  each  being 
wholly  payable  when  due.  Said  bonds  shall  bear  interest  at  a  rate  to 
be  determined  by  the  board  of  directors  and  specified  in  the  notice  of 
election  not  to  exceed  six  per  cent  per  annum,  payable  semi-annually  on 
the  first  day  of  January  and  July  of  each  year.  They  shall  be  negotia- 
ble in  form,  and  shall  be  of  denominations  of  not  less  than  $100  nor 
more  than  $500.  Said  bonds  shall  in  all  respects  conform  to  the  form 
of  bonds  prescribed  hereinbefore. 

Must  sell  at  par. 

§  35.  It  shall  be  unlawful  to  sell  or  exchange  any  of  the  bonds  as 
herein  provided  for  less  than  their  par  value. 

County  treasurer  to  be  custodian. 

§36.  When  bonds  issued  under  section  34  of  this  act  shall  be  duly 
executed,  they  shall  be  deposited  with  the  treasurer  of  the  county  wherein 
the  district  was  organized,  who  is  hereby  authorized  and  charged  with 
the  duty  of  receiving  the  same,  and  his  receipt  shall  be  taken  therefor, 
and  he  shall  be  charged  with  the  same  on  his  official  bond,  and  shall 
have  no  power  to  deliver  the  same  in  exchange  for  any  bonds  or  in- 
debtedness proposed  to  be  funded  until  the  bonds  or  evidence  of  indebt- 
edness proposed  to  be  funded  shall  have  been  surrendered  to  him,  and 
he  shall  have  been  ordered  by  the  board  of  directors  of  the  district,  by 
an  order  duly  entered  on  their  records  to  make  such  delivery.  When 
such  bonds  have  been  exchanged  for  other  bonds,  coupons,  or  other  evi- 
dences  of   indebtedness,   the    treasurer   shall   at   once    cancel   such   other 


991  PROTECTION  DISTRICTS.  Act  2805,  §§  37-39 

bonds,  coupons,  or  other  evidences  of  indebtedness  by  writing  across  the 
face  thereof  "canceled"  and  the  date  of  concellation,  and  report  the 
same  with  his  next  regular  report  hereinafter  provided  for  to  the  board 
of  directors  of  the  district  designating  the  bond,  coupon,  or  other  evi- 
dence of  indebtedness,  so  that  it  can  be  identified,  the  date  of  cancella- 
tion, and  the  person  from  whom  it  was  received,  together  with  the 
amount  paid  therefor,  or  the  terms  of  exchange,  in  case  there  is  an  ex- 
change. 

Bonds  may  be  sold  from  time  to  time. 

§  37.  When  said  bonds  are  issued  for  the  purpose  of  sale  to  the  highest 
bidder,  the  board  may  sell  said  bonds  from  time  to  time,  in  such  quanti- 
ties as  may  be  necessary  and  most  advantageous,  to  raise  money  to  pay 
bonds,  coupons,  or  other  evidences  of  indebtedness  of  the  district  which 
were  outstanding  at  the  time  of  the  filing  of  said  petition,  and  gen- 
erally described  therein.  Eesolution  of  intention  must  be  declared,  and' 
notice  given,  and  the  sale  conducted  in  the  manner  prescribed  in  this  act 
for  the  sale  of  original  bonds.  Said  bonds  shall  in  no  event  be  sold 
for  less  than  their  par  value  including  accrued  interest.  All  moneys 
realized  from  the  sale  of  bonds,  issued  under  the  provisions  of  this  sec- 
tion, shall  be  paid  into  the  hands  of  the  said  treasurer,  and  by  him 
kept  in  a  separate  fund,  known  as  the  funding  fund,  and  shall  he  ap- 
plied exclusively  to  the  payment  of  bonds,  coupons,  or  other  evidences 
of  indebtedness  of  the  district  outstanding  at  the  time  of  the  filing  of 
the  said  petition,  and  described  therein. 

Exchange  of  bonds. 

§  38.  The  bonds  issued  as  herein  provided  for  may  be  exchanged,  at 
not  less  than  their  par  value,  including  accrued  interest,  for  any  of  the 
indebtedness  set  out  and  described  in  the  notice  of  the  election  authoriz- 
ing the  issuance  of  said  refunding  bond.  A  contract  for  such  exchange 
may  be  made  by  the  board  of  directors  upon  such  terms  as  said  board 
may  deem  advisable;  provided,  that  they  must  receive  not  less  than  par 
value  for  the  bonds  so  exchanged. 

Estimate  of  amount  needed. 

§  39.  The  board  of  directors  must,  on  or  before  the  first  meeting  of 
the  board  of  supervisors  in  September  of  each  year,  furnish  the  super- 
visors and  the  auditor  of  the  county  wherein  the  district  is  situated,  or 
if  such  district  is  not  entirely  within  one  county,  then  as  hereinafter 
provided,  to  the  supervisors  and  auditors  of  each  county  in  which  any 
portion  of  the  district  is  situated,  an  estimate  in  writing  of  the  amount 
of  money  needed  for  the  purposes  of  the  district  for  the  ensuing  fiscal 
year.  The  amount  must  be  sufficient  to  raise  the  annual  interest  on  the 
outstanding  bonds,  to  pay  the  estimated  cost  of  repairs,  the  incidental 
expenses  of  the  district,  and  in  any  year  in  which  any  bonds  shall  fall 
due,  an  amount  sufficient  to  pay  the  principal  of  the  outstanding  bonds 
as  they  mature;  and  in  any  year  when  an  assessment  or  installment 
thereof  is  payable,  sufficient  to  pay  the  same. 


Act  2805,  §§  40-44  9ENEBAL  LAWS.  992 

Division  of  estimate. 

§  40.  If  such  district  is  in  more  than  one  county  the  total  estimate  as 
provided  for  in  the  preceding  section  shall  be  divided  by  the  board  of 
directors  in  proportion  to  value  of  the  real  property  of  the  district  in 
each  county.  This  value  must  be  determined  from  the  equalized  values 
of  the  last  assessment-rolls  of  such  counties.  When  such  division  of  the 
estimate  has  been  made,  the  board  shall  furpish  the  supervisors  and  audi- 
tors of  the  respective  counties  a  written  statement  of  that  part  of  the 
estimate  apportioned  to  that  county. 

Protection  district  tax  levy. 

§  41.  The  board  of  supervisors  of  each  county  wherein  is  situated  a 
district  or  any  part  thereof  organized  under  the  provisions  of  this  act, 
must,  annually,  at  the  time  of  levying  county   taxes,  levy  a  tax  to   be 

known  as  the  " (name  of  district)  protection  district  tax,"  sufficient 

to  raise  an  amount  reported  to  them  as  herein  provided,  by  the  board  of 
directors.  The  supervisors  must  determine  tlie  rate  of  such  tax  by  de- 
ducting fifteen  per  cent  for  anticipated  delinquencies  from  the  total  as- 
sessed value  of  the  real  property  of  the  district  within  the  county  as  it 
appears  on  the  assessment-roll  of  the  county,  and  then  dividing  the  sum 
reported  by  the  board  of  directors  as  required  to  be  raised  by  the  re- 
mainder of  such  total  assessed  value. 

Duty  of  county  auditor. 

§  42.  The  tax  so  levied  shall  be  computed  and  entered  on  the  assess- 
ment-roll by  the  county  auditor,  and  if  the  supervisors  fail  to  levy  the 
tax  as  provided  in  the  preceding  section,  then  the  auditor  must  do  so. 
Such  tax  shall  be  collected  at  the  same  time  and  in  the  same  manner 
as  state  and  county  taxes,  and  when  collected  shall  be  paid  into  the 
county  treasury  for  the  use  of  said  district. 

Levying  and  collecting  tax. 

§  43.  The  provisions  of  the  Political  Code  of  this  state  prescribing  the 
manner  of  levying  and  collecting  taxes  and  the  duties  of  the  several 
county  officers  with  respect  thereto,  are,  so  far  as  they  are  applicable 
and  not  in  conflict  with  the  specific  provisions  of  this  act,  hereby 
adopted  and  made  a  part  hereof.  Such  officers  shall  be  liable  upon  their 
several  official  bonds  for  the  faithful  discharge  of  the  duties  imposed 
upon   them  by  this  act. 

Repository  of  funds. 

§  44.  If  the  district  is  in  more  than  one  county,  the  treasury  of  the 
county  wherein  the  district  was  organized  shall  be  the  repository  of  all 
the  funds  of  the  district.  For  this  purpose  the  treasurers  of  any  other 
counties  wherein  is  situated  a  portion  of  said  district,  must,  at  any  time, 
not  oftener  than  twice  each  year,  upon  the  order  of  the  board  of  direc- 
tors, settle  with  said  board  and  pay  over  to  the  treasurer  of  the  county 
where  the  district  was  organized,  all  moneys  in  their  possession  belong- 
ing to  the  district.  Said  last-named  treasurer  is  authorized  and  required 
to  receive  and  receipt  for  the  same,  and  to  place  the  same  to  the  credit 


993  PROTECTION  DISTRICTS.  Act  2805,  §§  45-48 

of  the  district.  He  shall  be  responsible  upon  his  official  bond  for  the 
safekeeping  and  disbursement,  in  the  manner  herein  provided,  of  these 
and  all  other  moneys  of  the  district  held  by  him. 

Apportionment  of  funds. 

§  45.  The  following  funds  are  hereby  created  and  established,  to 
which  the  moneys  properly  belonging  shall  be  apportioned  by  the  treas- 
urer, to  wit:  Bond  fund,  construction  fund,  general  fund,  funding  fund. 

Duty  of  county  treasurer. 

§  46.  The  treasurer  shall  pay  out  of  the  same  only  upon  warrants  of 
the  board  of  directors,  signed  by  the  president  and  attested  by  the 
secretary.  The  treasurer  shall  report  in  writing  to  the  board  of  directors 
whenever  requested  by  them  or  the  secretary,  the  amount  of  money  in 
the  fund,  the  amount  of  receipts  since  his  last  report,  and  the  amounts . 
paid  out. 

Redemption  of  bonds. 

§  47.  Upon  the  presentation  of  the  coupons  due,  to  the  treasurer,  he 
shall  pay  the  same  from  the  bond  fund.  Whenever  said  fund  shall 
amount  to  the  sum  of  ten  thousand  dollars  in  excess  of  an  amount  suf- 
ficient to  meet  the  interest  coupons  due,  the  board  of  directors  may  di- 
rect the  treasurer  to  pay  such  an  amount  of  said  bonds  not  due  as  the 
money  in  said  fund  will  redeem,  at  the  lowest  value  at  which  they  may 
be  offered  for  liquidation,  after  advertising  in  the  manner  hereinl)efore 
provided  for  the  sale  of  bonds,  for  sealed  proposals  for  the  redemption 
of  said  bonds.  Said  proposals  shall  be  opened  by  the  board  in  open 
meeting,  at  a  time  to  be  named  in  the  notice,  and  the  lowest  bid  for  said 
bonds  must  be  accepted;  provided,  that  no  bond  shall  be  redeemed  at  a 
rate  above  par.  In  case  the  bids  are  equal,  the  lowest  numbered  bond 
shall  have  the  preference.  In  case  none  of  the  holders  of  said  bonds 
shall  desire  to  have  the  same  redeemed,  as  herein  provided  for,  said 
money  shall  be  invested  by  the  treasurer,  under  the  direction  of  the 
board,  in  United  States  bonds,  or  the  bonds  of  the  state,  which  shall 
be  kept  in  said  "bond  fund"  and  may  be  used  to  redeem  said  district 
bonds  whenever  the  holders  thereof  may  desire. 

Bids  for  construction  of  works. 

§  48.  After  the  adoption  of  a  plan  of  works  and  providing  funds  for 
the  construction  of  the  same,  and  securing  the  necessary  rights  of  way 
as  in  this  act  provided,  the  board  of  directors  shall  give  notice  by  pub- 
lication thereof  not  less  than  twenty  days  in  one  newspaper  published 
in  each  of  the  counties  composing  the  district  (provided,  a  newspaper  is 
published  therein)  and  in  such  other  newspapers  as  they  may  deem  ad- 
visable, calling  for  bids  for  the  construction  of  such  work,  or  of  any 
portion  thereof;  if  less  than  the  whole  work  is  advertised,  then  the  por- 
tion so  advertised  must  be  particularly  described  in  such  notice.  Said 
notice  shall  set  forth  that  plans  and  specifications  can  be  seen  at  the  office 
of  the  board,  and  that  the  board  will  receive  sealed  proposals  therefor, 
and  that  the  contract  will  be  let  to  the  lowest  responsible  bidder,  stating 
Gen.  Laws — 63 


Act  2805,  §5  49-53  GENERAL  LAWS.  994 

the  time  and  place  for  opening  said  proposals,  which,  at  the  time  and 
place  appointed  shall  be  opened  in  public;  and  as  soon  as  convenient 
thereafter  the  board  shall  let  said  work,  whether  in  portions  or  as  a 
whole,  to  the  lowest  responsible  bidder;  or  they  may  reject  any  and  all 
bids  and  readvertise  for  proposals,  or  may  proceed  to  construct  the  work 
under  their  own  superintendence.  Contracts  for  the  purchase  of  material 
shall  be  awarded  to  the  lowest  responsible  bidder.  Any  person  or  per- 
sons to  whom  a  contract  may  be  awarded  shall  enter  into  a  bond,  with 
good  and  sufficient  sureties,  to  be  approved  by  the  board,  payable  to 
said  district  for  its  use  for  fifty  per  cent  of  the  amount  of  the  contract 
price,  conditioned  for  the  faithful  performance  of  said  contract.  The 
work  shall  be  done  under  the  direction  and  to  the  satisfaction  of  the 
engineer,  and  be  approved  by  the  board. 

Warrants. 

§  49.  No  claim  shall  be  paid  by  the  treasurer  until  allowed  by  the 
board,  and  only  upon  a  warrant  signed  by  the  president,  and  counter- 
signed by  the  secretary. 

Construction  fund. 

§  50.  The  cost  and  expense  of  purchasing  and  acquiring  property  and 
constructing  the  works  and  improvements  herein  provided  for,  shall  be 
wholly  paid  out  of  the  construction  fund. 

Pay  of  directors. 

§  51.  Each  member  of  the  board  of  directors  shall  receive  three  dol- 
lars per  day  and  actual  and  necessary  expenses  for  each  day's  attendance 
at  the  meetings  of  the  board,  and  while  engaged  in  official  business  un- 
der the  order  of  the  board. 

Officers  must  be  interested  in  contracts. 

§  52.  No  director  or  any  other  officer  named  in  this  act  shall  in  any 
manner  be  interested,  directly  or  indirectly  in  any  contract  awarded  or 
to  be  awarded  by  the  board,  or  in  the  profits  to  be  derived  therefrom; 
and  for  any  violation  of  this  provision,  such  officer  shall  be  deemed 
guilty  of  a  misdemeanor,  and  such  conviction  shall  work  a  forfeiture  of 
his  office,  and  he  shall  be  punished  by  a  fine  not  exceeding  five  hun- 
dred dollars  or  by  imprisonment  in  the  county  jail  not  exceeding  six 
months,  or  by  both  such  fine  and  imprisonment. 

Special  asssssments,  elections  for. 

§  53.  The  board  of  directors  may  at  any  time,  when  in  their  judg- 
ment it  may  be  deemed  advisable  call  a  special  election  and  submit  to 
the  qualified  electors  of  the  district  the  question,  whethpr  or  not  a  spe- 
cial assessment  shall  be  levied  for  the  purpose  of  raising  money  to  be 
applied  to  any  of  the  purposes  provided  in  this  act.  Such  assessment 
may  be  payable  in  one  or  more  equal  annual  installments  as  may  be 
determined  by  the  board  of  directors  and  specified  in  the  notice  of  thp 
election  hereinafter  provided.  Bach  election  must  be  called  upon  the 
notice   prescribed    and   the    same    shall   be    held    and    the   result   thereof 


995  PROTECTION  DISTRICTS,  Act  2805,  §§  54-56 

determinccl  and  declared  in  all  respects  in  conformity  with  the  provisions 
of  section  26  of  this  act.  The  notice  must  specify  the  amount  of  money 
proposed  to  be  raised  and  the  purpose  for  which  it  is  intended  to  be 
used.  At  such  election  the  ballots  shall  contain  the  words  "Assessment — 
Yes"  or  "Assessment — No."  If  two-thirds  or  more  of  the  votes  cast  are 
"Assessment — Yes,"  the  board  shall  proceed  in  the  manner  hereinbefore 
prescribed  for  raising  the  annual  funds  by  taxation.  When  collected, 
the  money  shall  be  paid  into  the  district  treasury  for  the  purposes  speci- 
fied in  the  notice  of  such  special  election. 

Limit  of  debt. 

§  54.  The  board  of  directors  shall  have  no  power  to  incur  any  debt  or 
liability  whatever  either  by  issuing  bonds  or  otherwise,  in  excess  of  the 
express  provisions  of  this  act;  and  any  debt  or  liability  incurred  in 
excess  of  such  express  provisions  sliall  be  and  remain  absolutely  void; 
except  for  the  purposes  of  organization,  or  for  any  of  the  purposes  of 
this  act,  the  board  of  directors  may,  before  the  collection  of  the  first 
assessment,  incur  an  indebtedness  not  exceeding  in  the  aggregate  the 
sum  of  five  thousand  dollars,  and  may  cause  warrants  of  the  district 
to  issue  therefor,  bearing  interest  at  the  rate  of  not  to  exceed  seven 
per  cent  per  annum. 

Tax  exemption. 

§55.  The  rights  of  way  and  wovTcs  belonging  to  any  protection  dis- 
trict organized  under  this  act  shall  not  be  taxed  for  state  and  county 
or  municipal  purposes. 

Suit  to  determine  validity  of  bonds. 

§  56.  The  board  of  directors  shall  within  thirty  days  after  the  issue 
of  any  bonds  in  this  act  provided  for  bring  an  action  in  the  superior 
court  of  the  county  wherein  is  located  the  office  of  such  board,  to  deter- 
mine the  validity  of  any  such  bonds.  Such  action  shall  be  in  the 
nature  of  a  proceeding  in  rem,  and  jurisdiction  of  all  parties  interested 
may  be  had  by  publication  of  summons  for  at  least  once  a  week  for 
three  weeks  in  some  newspaper  of  general  circulation  in  said  district 
and  published  in  the  county  where  the  action  is  pending,  such  paper  to 
be  designated  by  the  court  having  jurisdiction  of  the  proceedings.  Juris- 
diction shall  be  complete  within  thirty  days  after  the  full  publication 
of  such  summons  in  the  manner  herein  provided.  Anyone  interested 
may,  at  any  time  before  the  expiration  of  said  thirty  days,  appear,  and 
by  proper  proceedings  contest  the  validity  of  such  bonds,  and  may  in 
the  same  action  or  proceeding  contest  the  validity  of  any  bonds,  coupons, 
or  other  evidences  of  indebtedness  referred  to  in  the  petition  for  fund- 
ing and  proposed  to  be  funded,  and  if  any  such  bonds,  coupons,  or  evi- 
dences of  indebtedness  be  shown  to  be  invalid,  then  the  same  shall  only 
be  funded  for  the  amount  of  such  proportion  thereof  as  equals  the  fair 
and  reasonable  value  of  whatever  the  district  may  have  received  in 
consideration  therefor,  together  with  the  unpaid  interest  thereon,  and 
the  amount  of  such  proportion  shall  be  determined  and  adjudicated  by 
the   court  in  said  action   or  proceeding.     Said  action  shall  be   speedily 


Act  2805,  §§  57-60  GENERAL  LAWS,  996 

tried  and  judgment  rendered  declaring  such  bonds  bo  contested  either 
valid  or  invalid.  Either  party  shall  have  the  right  to  appeal  from  such 
judgment. 

Same. 

§  57.  If  no  such  proceeding  shall  have  been  taken  by  the  board  of 
directors,  then  at  any  time  after  thirty  days  and  within  ninety  days 
after  the  issue  of  any  bonds  under  the  provisions  of  this  act,  any  dis- 
trict assessment  paj'er  may  bring  an  action  in  the  superior  court  of  the 
county  wherein  the  office  of  the  board  of  directors  is  located,  to  deter- 
mine the  validity  of  any  such  bonds.  The  board  of  directors  shall  be 
made  parties  defendant  and  service  of  summons  shall  be  made  on  the 
members  of  the  board  personally,  if  they  can  be  found  within  the  state; 
if  not,  then  by  publication  for  three  weeks  in  some  newspaper  of  gen- 
eral circulation  in  said  district  and  published  in  the  county  wherein  the 
office  of  the  board  of  directors  is  located,  such  newspaper  to  be  desig- 
nated by  the  court  having  jurisdiction.  Before  such  publication  can 
be  had,  an  affidavit,  in  the  usual  form  shall  be  made,  showing  such  facts. 
Said  board  shall  have  the  right  to  appear  and  contest  such  action.  No- 
tice of  said  action  shall  be  given  by  publication  of  summons  therein  in 
the  same  manner  and  for  the  same  time  as  required  in  the  preceding 
section  hereof  in  actions  brought  by  the  publication  of  such  summons  in 
the  manner  herein  provided.  Any  district  assessment  payer  or  anyone 
interested  may  appear  and  defend  said  action,  and  thereafter  the  same 
proceedings  shall  be  had  in  such  action  as  are  hereinbefore  provided 
for  in  the  preceding  section  hereof  in  actions  brought  by  the  board  of 
directors,  and  the  same  matters  determined  and  adjudicated  by  the 
court  therein.  Such  action  shall  be  speedily  tried,  with  the  right  of 
appeal  to  either  party. 

Proceedings. 

§  58.  At  the  hearing  of  such  proceedings  the  court  shall  hear  and 
determine  the  sufficiency  of  all  proceedings. 

Actions  consolidated. 

§  59.  If  more  than  one  action  shall  be  pending  at  the  same  time  con- 
cerning similar  contests  in  this  act  provided  for,  they  shall  be  consoli- 
dated and  tried  together. 

Eules  of  pleadings. 

§  60.  The  court  hearing  any  of  the  contests  herein  provided  for,  in 
inquiring  into  the  regularity,  legality,  or  correctness  of  such  proceed- 
ings, must  disregard  any  error,  irregularity  or  omission  which  does  not 
affect  the  substantial  rights  of  the  parties  to  said  action  or  proceed- 
ing. The  rules  of  pleading  and  practice  provided  by  the  Code  of  Civil 
Procedure,  which  are  not  inconsistent  with  the  provisions  of  this  act, 
are  applicable  to  all  actions  or  proceedings  herein  provided  for.  The 
costs  of  any  hearing  or  contest  herein  provided  for  may  be  allowed  and 
apportioned  between  the  parties  or  attached  to  the  losing  party,  in  the 
discretion  of  the  court. 


897  PROTECTION  DISTRICTS,  Act  2805.  §§  61-6* 

Contest. 

§  61.  No  contest  of  any  matter  or  thing  herein  provided  for  shall 
be  made  other  than  within  the  time  and  manner  herein  specified. 

Boundaries  may  be  changed. 

§  62.  The  boundaries  of  any  protection  district  now  organized  oi 
hereafter  organized  under  the  provisions  of  this  act,  may  be  changed, 
and  tracts  of  land  which  were  included  within  the  boundaries  of  such 
district  at  or  after  its  organization  under  the  provisions  of  this  act,  may 
be  excluded  therefrom,  in  the  manner  herein  prescribed;  but  neither 
such  change  of  the  boundaries  of  the  districts  nor  such  exclusion  of 
lands  from  the  district  shall  impair  or  affect  its  organization,  or  its 
right  in  or  to  property,  or  any  of  its  rights  or  privileges  of  whatever 
kind  or  nature;  nor  shall  it  affect,  impair,  or  discharge  any  contract, - 
obligation,  lien,  or  charge  for  or  upon  which  said  district  was  or  may 
become  liable  or  chargeable,  had  said  change  of  its  boundaries  not  been 
made,  or  had  not  such  land  been  excluded  from  the  district. 

Petition  for  exclusion  from  district. 

§  63.  The  owner  or  owners  in  fee  of  one  or  more  tracts  of  land  which 
constitute  a  portion  of  a  protection  district,  may,  jointly  or  severally, 
file  with  the  board  of  directors  of  the  district  a  petition,  praying  that 
such  tract  or  tracts,  and  any  other  tracts  contiguous  thereto,  may  be 
excluded  and  taken  from  said  district.  The  petition  shall  state  the 
grounds  and  reasons  upon  which  it  is  claimed  that  such  lands  should  be 
excluded,  and  shall  describe  the  boundaries  thereof,  and  also  the  lands 
of  such  petitioner,  or  petitioners  which  are  included  within  such  bound- 
aries; but  the  description  of  such  lands  need  not  be  more  particular  or 
certain  than  is  required  when  the  lands  are  entered  in  the  assessment- 
book  by  the  county  assessor.  Such  petition  must  be  acknowledged  in 
the  same  manner  and  form  as  is  required  in  the  case  of  a  conveyance 
of  land,  and  the  acknowledgment  shall  have  the  same  force  and  effect  as 
evidence  as  the  acknowledgment  of  such  a  conveyance. 

Notice  of  petition.    What  notice  shall  state. 

§  64.  The  secretary  of  the  board  of  directors  shall  cause  a  notice  of 
the  filing  of  such  petition  to  be  published  for  at  least  two  weeks  in 
some  newspaper  of  general  circulation  in  the  district  and  published  in 
the  county  where  the  ofiSce  of  the  board  of  directors  is  situated,  and  if 
any  portion  of  such  territory  to  be  excluded  lie  within  another  county 
or  counties,  then  said  notice  shall  be  so  published  in  a  newspaper  pub- 
lished within  each  of  said  counties;  or,  if  no  newspaper  be  published 
therein,  then  by  posting  such  notice  for  the  same  time  in  at  least  three 
public  places  in  said  district,  and  in  case  of  the  posting  of  said  notices, 
one  of  said  notices  must  be  so  posted  on  the  lands  proposed  to  be  ex- 
cluded. The  notice  shall  state  the  filing  of  such  petition,  the  names  of 
the  petitioners,  a  description  of  the  lands  mentioned  in  said  petition, 
and  the  prayer  of  said  petition;  and  it  shall  notify  all  persons  inter- 
ested in,  or  who  may  be  affected  by  such  change  of  the  boundaries  of 


Act  2805,  §§  65-67  GENERAL  LAWS.  998 

the  district,  to  appear  at  the  office  of  said  board  at  a  time  named  in 
said  notice,  and  show  cause,  in  writing,  if  any  they  have,  why  the 
change  of  the  boundaries  of  said  district,  as  proposed  in  said  petition, 
should  not  be  made.  The  time  to  be  specified  in  the  notice  at  which 
they  shall  be  required  to  show  cause  shall  be  at  the  regular  meeting  of 
the  board  next  after  the  expiration  of  the  time  for  the  publication  of  the 
notice. 

Hearing  of  petition.     Expenses  of  hearing. 

§  65.  The  board  of  directors,  at  the  time  and  place  mentioned  in  the 
notice,  or  at  the  time  or  times  to  which  the  hearing  of  said  petition  may 
be  adjourned,  shall  proceed  to  hear  the  petition,  and  all  evidence  of 
proofs  that  may  or  shall  be  introduced  by  or  on  behalf  of  the  petitioner 
or  petitioners,  and  all  objections  to  such  petition  that  may  or  shall  be 
presented  in  writing  by  any  person  showing  cause  as  aforesaid,  and  all  evi- 
dence and  proofs  that  may  be  introduced  in  support  of  such  objections. 
Such  evidence  shall  be  taken  down,  in  shorthand,  and  a  record  made 
thereof  and  filed  with  the  board.  The  failure  of  any  person  interested 
in  said  district,  other  than  the  holders  of  bonds  thereof  outstanding  at 
the  time  of  the  filing  of  said  petition  with  said  board,  to  show  cause,  in 
writing,  why  the  tract  or  tracts  of  land  mentioned  in  said  petition 
should  not  be  excluded  from  said  district,  shall  be  deemed  and  taken  as 
an  assent  by  him  to  the  exclusion  of  such  tract  or  tracts  of  land,  or 
any  part  thereof,  from  said  district;  and  the  filing  of  such  petition  with 
said  board,  as  aforesaid,  shall  be  deemed  and  taken  as  an  assent  by 
each  and  all  of  such  petitioners  to  the  exclusion  from  such  district  of 
the  lands  mentioned  in  the  petition,  or  any  part  thereof.  The  expenses 
of  giving  said  notice  and  of  the  aforesaid  proceedings  shall  be  paid  by 
the  person  or  persons  filing  such  petition. 

Board  may  grant  or  deny  petition  to  exclude. 

§  66.  If  upon  the  hearing  of  any  such  petition,  no  evidence  or  proofs 
in  support  thereof  be  introduced,  or,  if  the  evidence  fail  to  sustain  said 
petition,  or  if  the  board  deem  it  not  for  the  best  interests  of  the  district, 
that  the  lands,  or  some  portion  thereof,  mentioned  in  the  petition, 
should  be  excluded  from  the  district,  the  board  shall  order  that  said 
petition  be  denied  as  to  such  lands;  but  if  the  said  board  deem  it  for 
the  best  interests  of  the  district  that  the  lands  mentioned  in  the  petition, 
or  some  portion  thereof,  be  excluded  from  the  district,  and  if  no  person 
interested  in  the  district  show  cause  in  writing  why  the  said  lands,  or 
some  portion  thereof,  should  not  be  excluded  from  the  district,  or  if, 
having  shown  cause,  withdraws  the  same,  or  upon  the  hearing  fails  to 
establish  such  objections  as  he  may  have  made,  then  it  shall  be  the  duty 
of  the  board  to,  and  it  shall  forthwith,  make  an  order  that  the  land's 
mentioned  and  described  in  the  petition,  or  some  defined  portion  thereof, 
be  excluded  from  said  district. 

Holders  of  bonds  may  consent  to  exclusion.     Assent,  how  given. 

§  67.  If  there  be  outstanding  bonds  of  the  district  at  the  time  of  the 
filing  of  said  petition,  the  holders  of  such  outstanding  bonds  may  give 


999  PROTECTION  DISTRICTS.  Act  2805,  §§  68-70 

their  assent,  in  writing,  to  the  effect  that  they  severally  consent  that  the 
lands  mentioned  in  the  petition,  or  such  portion  thereof  as  may  be  ex- 
cluded from  said  district  by  order  of  said  board,  may  be  excluded  from 
the  district;  and  if  said  lands,  or  any  portion  thereof,  be  thereafter 
excluded  from  the  district,  the  lands  so  excluded  shall  be  released  from 
the  lien  of  such  outstanding  bonds.  The  assent  must  be  acknowledged 
by  the  several  holders  of  such  bonds  in  the  same  manner  and  form  as  is 
required  in  case  of  a  conveyance  of  land,  and  the  acknowledgment  shall 
have  the  same  force  and  effect  as  evidence  as  the  acknowledgment  of 
such  conveyance.  The  assent  shall  be  filed  with  the  board,  and  must  be 
recorded  in  the  minutes  of  the  board;  and  said  minutes,  or  a  copy  thereof, 
certified  by  the  secretary  of  said  board,  shall  be  admissible  in  evidence, 
with  the  same  effect  as  the  said  assent,  and  such  certified  copy  thereof 
may  be  recorded  in  the  office  of  the  county  recorder  of  the  county 
wherein  said  lands  are  situated. 

Minutes  of  board  to  be  recorded. 

§  68.  In  the  event  the  said  board  of  directors  shall  exclude  any  lands 
from  said  district  upon  petition  therefor,  it  shall  be  the  duty  of  the 
board  of  directors  to  make  an  entry  in  the  minutes  of  the  board,  de- 
scribing the  boundaries  of  the  district,  should  the  exclusion  of  said  lands 
from  said  district  change  the  boundaries  of  said  district,  and  for  that 
purpose  the  board  may  cause  a  survey  to  be  made  of  such  portions  of 
the  district  as  the  board  may  deem  necessary;  and  a  certified  copy  of 
the  entry  in  the  minutes  of  the  board  excluding  any  land,  certified  by  the 
president  and  secretary  of  the  board,  shall  be  filed  for  record  in  the 
recorder's  office  of  each  county  within  which  are  situated  any  of  the  lands 
of  the  district;  but  said  district,  notwithstanding  such  exclusion,  shall 
be  and  remain  a  protection  district  as  fully  to  every  intent  and  pur- 
pose as  it  would  be  had  no  change  been  made  in  the  boundaries  of  the 
district,  or  had  the  lands  excluded  therefrom  never  constituted  a  portion 
of  the  district. 

Office  of  director  becomes  vacant,  when. 

§  69.  If  the  lands  excluded  from  any  district  under  this  act  shall  em- 
brace the  greater  portion  of  any  division  or  divisions  of  such  district, 
then  the  office  of  director  for  such  division  or  divisions  shall  become  and 
be  vacant  at  the  expiration  of  ten  days  from  the  final  order  of  the  board 
excluding  said  lands;  and  such  vacancy  or  vacancies  shall  be  filled  by  ap- 
pointment by  the  remainder  of  the  board  from  the  district  at  large.  A  di- 
rector appointed  as  above  provided,  shall  hold  his  office  until  the  next 
regular  election  for  said  district,  and  until  his  successor  is  elected  and 
qualified. 

Election  of  directors.     Election  precincts. 

§  70.  At  least  thirty  days  before  the  next  general  election  of  such 
district,  the  board  of  directors  thereof  shall  make  an  order  dividing  said 
district  into  three  or  five  divisions,  as  the  case  may  require,  as  nearly 
equal  in  size  as  may  be  practicable,  which  shall  be  numbered  first,  sec- 
ond, third  and  so  on,  and  one  director  shall  be  elected  by  each  division. 


Act  2805,  §§  71-73  GENERAL  LAWS.  1000 

For  the  purposes  of  ele^jtions  in  such  district,  the  said  board  of  directors 
must  establish  a  convenient  number  of  election  precincts,  and  define  the 
boundaries  thereof,  which  said  precincts  may  be  changed  from  time  to 
time,  as  the  board  of  directors  may  deem  necessary. 

Guardians  and  executors  may  sign  petitions. 

§  71.  A  guardian,  an  executor,  or  an  administrator  of  an  estate,  who 
is  appointed  as  such  under  the  laws  of  this  state,  and  who  as  such 
guardian,  executor,  or  administrator,  is  entitled  to  the  possession  of  the 
lands  belonging  to  the  estate  which  he  represents,  may  on  behalf  of  his 
ward,  or  the  estate  which  he  represents,  upon  being  thereto  properly 
authorized  by  the  proper  court,  sign  and  acknowledge  the  petition  in 
section  63  of  this  act  mentioned,  and  may  show  cause,  as  herein  pro- 
vided, why  the  boundaries  of  the  district  should  not  be  changed. 

Excluded  lands  not  released  from  bonded  debt,  when. 

§72.  Nothing  herein  provided  shall,  in  any  manner,  operate  to  release 
any  of  the  lands  so  excluded  from  the  district  from  any  obligation  to 
pay,  or  any  lien  thereon,  of  any  valid  outstanding  bonds  or  other  in- 
debtedness of  said  district  at  the  time  of  the  filing  of  said  petition  for 
the  exclusion  of  said  lands,  but  upon  the  contrary,  said  lands  shall  be 
held  subject  to  said  lien,  and  answerable  and  chargeable  for  and  with 
the  payment  and  discharge  of  all  of  said  outstanding  obligations  at  the 
time  of  the  filing  of  the  petition  for  the  exclusion  of  said  land,  as  fully 
as  though  said  petition  for  such  exclusion  were  never  filed  and  said  order 
of  exclusion  never  made;  and  for  the  purpose  of  discharging  such  out- 
standing indebtedness,  said  lands  so  excluded  shall  be  deemed  and  con- 
sidered as  part  of  said  protection  district  the  same  as  though  said 
petition  for  its  exclusion  had  never  been  filed  or  said  order  of  exclusion 
never  made;  and  all  provisions  which  may  have  been  resorted  to  to 
compel  the  payment  by  said  land  of  its  quota  or  portion  of  said  out- 
standing obligations,  had  said  exclusion  never  been  accomplished,  may, 
notwithstanding  said  exclusion,  be  resorted  to  to  compel  and  enforce 
the  payment  on  the  part  of  said  land  of  its  quota  and  portion  of  said 
outstanding  obligations  of  said  protection  district  for  which  it  is  liable, 
as  herein  provided.  But  said  land  so  excluded  shall  not  be  held  answer- 
able or  chargeable  for  any  obligation  of  any  nature  or  kind  whatever, 
incurred  after  the  filing  with  the  board  of  directors  of  said  district  of 
the  petition  for  the  exclusion  of  said  lands  from  the  said  district;  pro- 
vided, that  the  provisions  of  this  section  shall  not  apply  to  any  out- 
standing bonds,  the  holders  of  which  have  assented  to  the  exclusion  of 
such  lands  from  said  district,  as  hereinbefore  provided. 

Change  of  boundaries  does  not  impair  contracts. 

§  73.  The  boundaries  of  any  protection  district  now  organized  or  here- 
after organized  under  the  provisions  of  this  act  may  be  changed  in  the 
manner  lierein  pre^icribed,  but  such  change  of  the  boundaries  of  the 
district  shall  not  impair  or  affect  its  organization,  or  its  rights  in  or  to 
property,  or  any  of  its  rights  or  privileges  of  whatsoever  kind  or  nature; 


1001  ■  PROTECTION  DISTRICTS.  Act  2805,  §§  74-76 

nor  shall  it  affect,  impair,  or  discharge  any  contract,  obligation,  lien  or 
charge  for  or  upon  which  it  was  or  might  become  liable  or  chargeable, 
had  such  change  of  its  boundaries  not  been  made. 

Petition  to  include  other  lands. 

§  74:.  The  owners  of  one-half  or  more  of  any  body  of  lands  adjacent 
to  the  boundary  of  a  protection  district,  which  are  contiguous  and  which 
taken  together,  constitute  one  tract  of  land,  may  file  with  the  board  of 
directors  of  said  district  a  petition,  in  writing,  praying  that  the  bound- 
aries of  said  district  may  be  so  changed  as  to  include  therein  said  lands. 
The  petition  shall  describe  the  boundaries  of  said  parcel  or  tract  of  land, 
and  shall  also  describe  the  boundaries  of  the  several  parcels  owned  by 
the  petitioners,  if  the  petitioners  be  the  owners,  respectively,  of  distinct 
parcels,  but  such  descriptions  need  not  be  more  particular  than  they  are 
required  to  be  when  such  lands  are  entered  by  the  county  assessor  in  the' 
assessment-book.  Such  petition  must  contain  the  assent  of  the  petitioners 
to  the  inclusion  within  said  district  of  the  parcels  or  tracts  of  land 
described  in  the  petition,  and  of  which  said  petition  alleges  they  are, 
respectively,  the  owners;  and  it  must  be  acknowledged  in  the  same  man- 
ner that  conveyances  of  land  are  required  to  be  acknowledged. 

Notice  of  filing  of  petition. 

§  75.  The  secretary  of  the  board  of  directors  shall  cause  a  notice  of 
the  filing  of  such  petition  to  be  given  and  published  in  the  same  manner 
and  for  the  same  time  that  notices  of  special  elections  for  the  issue  of 
bonds  are  required  by  this  act  to  be  published.  The  notice  shall  state 
the  filing  of  such  petition  and  the  names  of  the  petitioners,  a  description 
of  the  lands  mentioned  in  said  petition,  and  the  prayer  of  said  petition; 
and  it  shall  notify  all  persons  interested  in,  or  that  may  be  affected  by 
such  change  of  the  boundaries  of  the  district,  to  appear,  at  the  oifice  of 
said  board,  at  a  time  named  in  said  notice,  and  show  cause  in  writing, 
if  any  they  have,  why  the  change  in  the  boundaries  of  said  district,  as 
proposed  in  the  said  petition,  should  not  be  made.  The  time  to  be  speci- 
fied in  the  notice  at  which  they  shall  be  required  to  show  cause  shall  be 
the  regular  meeting  of  the  board  next  after  the  expiration  of  the  time 
for  the  publication  of  the  notice.  The  petitioners  shall  advance  to  the 
secretary  sufficient  money  to  pay  the  estimated  costs  of  all  proceedings 
arising  from  such  petition. 

Hearing  of  petition.     Failure  to  show  cause. 

§76.  The  board  of  directors,  at  the  time  and  place  mentioned  in 
the  said  notice,  or  at  such  other  time  or  times  to  which  the  hearing  of  said 
petition  may  be  adjourned,  shall  proceed  to  hear  the  petition  and  all  the 
objections  thereto,  presented  in  writing  by  any  person  showing  cause 
as  aforesaid  why  said  proposed  change  of  the  boundaries  of  the  district 
should  not  be  made.  The  failure  by  any  person  interested  in  said  dis- 
trict, or  in  the  matter  of  the  proposed  change  of  its  boundaries,  to  show 
cause,  in  writing,  as  aforesaid,  shall  be  deemed  and  taken  as  an  assent 
on  his  part  to  a  change  of  the  boundaries  of  the  district  as  prayed  for  in 


Act  2805,  §§  77-80  GENERAL  LAWS.  1002 

said  petition,  or  to  such  a  change  thereof  as  will  include  a  part  of  said 
lands.  And  the  filing  of  such  petition  with  said  board,  as  aforesaid, 
shall  be  deemed  and  taken  as  an  assent  on  the  part  of  each  and  all  of 
such  petitioners  to  such  a  change  of  the  boundaries  that  they  may  in- 
clude the  whole  or  any  portion  of  the  lands  described  in  said  petition. 

Condition  precedent  to  granting  petition. 

§77.  The  board  of  directors  to  whom  such  petition  is  presented, 
may  require,  as  a  condition  precedent  to  the  granting  of  the  same, 
that  the  petitioners  shall  severally  pay  to  such  district  such  respective  sums, 
as  nearly  as  the  same  can  be  estimated  (the  several  amounts  to  be  de- 
termined by  the  board),  as  such  petitioners  or  their  grantors  would  have 
been  required  to  pay  to  such  district  as  assessments,  had  such  lands  been 
included  in  such  district  at  the  time  the  same  was  originally  formed. 

Board  may  accept  or  reject  petition. 

§78.  The  board  of  directors,  if  they  deem  it  not  for  the  best  interests 
of  the  district  that  a  change  of  its  boundaries  be  so  made  as  to  include 
therein  the  lands  mentioned  in  the  petition,  shall  order  that  the  petition 
be  rejected.  But  if  they  deem  it  for  the  best  interests  of  the  district 
that  the  boundaries  of  said  district  be  changed  and  if  no  person  inter- 
ested in  said  district  or  the  proposed  change  of  its  boundaries  shows 
cause,  in  writing,  why  the  proposed  change  should  not  be  made,  or  if, 
having  shown  cause,  withdraws  the  same,  the  board  may  order  that  the 
boundaries  of  the  district  be  so  changed  as  to  include  therein  the  lands 
mentioned  in  said  petition  or  some  part  thereof.  The  order  shall  describe 
the  boundaries  as  changed,  and  shall  also  describe  the  entire  boundaries 
of  the  district  as  they  will  be  after  the  change  thereof  as  aforesaid  is 
made;  and  for  that  purpose  the  board  may  cause  a  survey  to  be  made 
of  such  portions  of  such  boundary  as  is  deemed  necessary. 

Resolution  of  change. 

§  79.  If  any  person  interested  in  said  district  of  the  proposed  change 
of  its  boundaries,  shall  show  cause  as  aforesaid  why  such  boundaries 
should  not  be  changed,  and  shall  not  withdraw  the  same,  and  if  the 
board  of  directors  deem  it  for  the  best  interests  of  the  district  that  the 
boundaries  thereof  be  so  changed  as  to  include  therein  the  lands  men- 
tioned in  the  petition,  or  some  part  thereof,  the  board  shall  adopt  a  reso- 
lution to  that  effect.  The  resolution  shall  describe  the  exterior  bound- 
aries of  the  lands  which  the  board  are  of  the  opinion  should  be 
included  within   the  boundaries  of  the  district  when  changed. 

Election.     Ballots. 

§  80.  Upon  the  adoption  of  the  resolution  mentioned  in  the  last  pre- 
ceding section,  the  board  shall  order  that  an  election  be  held  within 
said  district,  to  determine  whether  the  boundaries  of  the  district  shall 
be  changed  as  mentioned  in  said  resolution;  and  shall  fi:?:  the  time  at 
which  such  election  shall  be  held,  and  cause  notice  thereof  to  be  given 
and   published.     Such    notice    shall    be   giveu   and   published,    and    such 


1003  PROTECTION  DISTRICTS.  Act  2805,  §§  81-84 

election  shall  be  held  and  conducted,  the  returns  thereof  shall  be  made 
and  canvassed,  and  the  result  of  the  election  ascertained  and  d^^clared, 
and  all  things  pertaining  thereto  conducted  in  the  manner  prescribed 
by  this  act  in  case  of  a  special  election  to  determine  whether  bonds  of 
a  protection  district  shall  be  issued.  The  ballots  cast  at  said  election 
shall  contain  the  words  "For  change  of  boundary"  or  "Against  change 
of  boundary,"  or  words  equivalent  thereto.  The  notice  of  election  shall 
describe  the  proposed  change  of  the  boundaries  in  such  manner  and 
terms  that  it  can  readily  be  traced. 

Result  of  election. 

§  81.  If  at  such  election  a  majority  of  all  the  votes  cast  at  said  elec- 
tion shall  be  against  such  change  of  the  boundaries  of  the  district,  the 
board  shall  order  that  said  petition  be  denied,  and  shall  proceed  no 
further  in  that  matter.  But  if  a  majority  of  such  votes  be  in  favor  of 
such  change  of  the  boundaries  of  the  district,  the  board  shall  thereupon 
order  that  the  boundaries  be  changed  in  accordance  with  said  resolution 
adopted  by  the  board.  The  said  order  shall  describe  the  entire  bound- 
aries of  said  district,  and  for  that  purpose  the  board  may  cause  a 
survey  of  such  portions  thereof  to  be  made  as  the  board  may  deem 
necessary. 

Order  of  change  to  be  recorded. 

§  82.  Upon  a  change  of  the  boundaries  of  a  district  being  made,  a 
copy  of  the  order  of  the  board  of  directors  ordering  such  change,  certi- 
fied by  the  president  and  secretary  of  the  board,  shall  be  filed  for  record 
in  the  recorder's  office  of  each  county  within  which  are  situated  any  of 
the  lands  of  the  district,  and  thereupon  the  district  shall  be  and  remain 
a  protection  district,  as  fully,  and  to  every  intent  and  purpose,  as  if  the 
lands  which  are  included  in  the  district  by  the  change  of  the  boundaries, 
as  aforesaid,  had  been  included  therein  at  the  original  organization  of 
the  district. 

Petition  to  be  recorded  in  minutes. 

§  83.  Upon  the  filing  of  the  copies  of  the  order,  as  in  the  last  pre- 
ceding section  mentioned,  the  secretary  shall  record  in  the  minutes  of 
the  board  the  petition  aforesaid;  and  the  said  minutes,  or  a  certified 
copy  thereof,  shall  be  admissible  in  evidence  with  the  same  effect  as 
the  petition. 

Guardians  and  executors  may  sign. 

§  84.  A  guardian,  an  executor  or  an  administrator  of  an  estate,  who 
is  appointed  as  such  under  the  laws  of  this  state,  and  who,  as  such 
guardian,  executor  or  administrator,  is  entitled  to  the  possession  of  the 
lands  belonging  to  the  estate  which  he  represents,  may,  on  behalf  of  his 
ward,  or  the  estate  which  he  represents,  upon  being  thereunto  author- 
ized by  the  proper  court,  sign  and  acknowledge  the  petition  in  section 
74  of  this  act  mentioned,  and  may  show  cause  why  the  boundaries  of 
the  district  should  not  be  changed. 


Act  2805,  §§  85-89  GENERAL  LAWS.  1004 

Precinct  redivision. 

§  85.  In  case  of  the  inclusion  of  any  land  witliin  any  district  by  pro- 
ceedings under  this  act,  the  board  of  directors  must,  at  least  thirty  days 
prior  to  the  next  succeeding  general  election,  make  an  order  rediyiding 
such  district,  into  three  or  five  precincts,  as  the  case  may  require,  as 
nearly  equal  in  size  as  may  be  practicable,  which  shall  be  numbered  first, 
second,  third  and  so  on,  and  one  director  shall  thereafter  be  elected  by 
each  precinct. 

Keduction  of  bonded  indebtedness. 

§  86.  Whenever  the  board  of  directors  of  a  protection  district  hereto- 
fore organized,  or  hereafter  organized  under  the  provisions  of  this  act, 
shall  determine  the  authorized  bonded  indebtedness  of  such  protection 
district  is  greater  than  such  district  is  liable  to  need  to  complete  its 
system  as  planned,  and  there  be  no  outstanding  bonds,  the  board  of 
directors  may  call  a  special  election  for  the  purpose  of  voting  upon  a 
proposition  to  reduce  such  bonded  indebtedness  to  such  sum  as  the  board 
may  determine  to  be  sufficient  for  such  purpose. 

Notice  of  election  therefor.    Ballots. 

§87.  Notice  of  the  said  election  shall  be  given  in  the  same  manner 
as  provided  in  this  act,  in  relation  to  calling  special  elections  for  issu- 
ance of  bonds.  The  notice  of  election  must  state  the  amount  of  the 
authorized  bonded  indebtedness  of  such  district,  and  the  amount  to  which 
it  is  proposed  to  reduce  the  same;  also,  the  date  on  which  said  election 
will  be  held,  and  the  polling-places,  as  established  by  said  board  of 
directors.  The  ballots  cast  at  said  election  shall  contain  the  words,  "For 
reducing  bonds — Yes,"  or  "For  reducing  bonds — No."  "When  the  vote 
is  canvassed  by  the  board  of  directors  and  entered  of  record,  if  a  ma- 
jority of  the  votes  cast  shall  be  "For  reducing  bonds^ — Yes,"  then  in  that 
event  the  board  of  directors  shall  only  be  empowered  to  issue  or  sell  the 
amount  of  bonds  as  was  stipulated  in  the  said  notice  of  such  special 
election;  but  if  a  majority  of  said  votes  are  not  "For  reducing  bonds — 
Yes,"  then  the  authority  to  issue  bonds  shall  remain  the  same  as  before 
said  special  election  was  held. 

Assent  to  reduction  of  debt,  manner  of. 

§  88.  In  case  there  be  outstanding  bonds  of  any  district  desiring  to 
take  advantage  of  the  provisions  of  sections  86  and  87  of  this  act  con- 
cerning reduction  of  bonded  indebtedness,  the  assent  of  such  bond- 
holders may  be  obtained  to  such  reduction  of  the  bonded  indebtedness, 
in  the  same  manner  as  provided  in  section  67  of  this  act.  If  such  assent 
is  obtained  in  the  manner  therein  provided,  then,  and  in  that  event, 
such  district  shall  be  empowered  to  take  advantage  of  all  the  provisions 
of  said  sections  of  this  act,  but  not  otherwise.  No  reduction  of  the 
bonded  indebtedness,  as  in  this  act  provided,  shall  in  any  manner  affect 
any  order  of  court  that  may  have  been  made,  adjudicating  and  confirm- 
ing the  validity  of  said  bonds. 

Unsold  bonds. 

§89.  "Whenever  there  remains  in  the  hands  of  the  board  of  directors 
of  any  protection  district  organized  under  the  provisions  of  this  act,  after 


1005  PROTECTION  DISTRICTS.  Act  2806 

the  completion  of  its  protection  system,  and  the  payment  of  all  demands 
against  such  district,  any  bonds  voted  to  be  issued  by  said  district,  but 
not  sold,  and  not  necessary  to  be  sold  for  the  raising  of  funds,  for  the 
use  of  such  district,  said  board  of  directors  may  call  a  special  election 
for  the  purpose  of  voting  upon  a  proposition  to  destroy  said  unsold 
bonds,  or  so  many  of  them  as  may  be  deemed  best,  or  may  submit  such 
proposition  at  a  general  election. 

Notice  of  election  for  destruction  of  unsold  bonds. 

§  90.  Such  election  shall  be  held  in  the  same  manner  as  other  elec- 
tions held  under  the  provisions  of  this  act.  A  notice  of  such  election 
shall  be  given  in  the  same  manner  as  provided  in  section  26  of  this 
act  in  relation  to  calling  special  elections  for  the  issuance  of  bonds. 
The  notice  of  election  must  state  the  amount  of  the  bonded  indebtedness 
of  such  district  authorized  by  the  vote  of  the  district,  the  amount,  of 
the  bonds  remaining  unsold,  and  the  amount  proposed  to  be  destroyed, 
and  the  date  on  which  such  election  is  proposed  to  be  held,  and  the 
polling-places  as  fixed  by  the  board  of  directors.  The  ballots  to  be  cast 
at  such  election  shall  contain  the  words  "For  destroying  bonds — Yes" 
and  "For  destroying  bonds — No,"  and  the  voter  must  erase  the  word 
"No"  in  case  he  favors  the  destruction  of  bonds,  otherwise  the  word 
"Yes." 

Destruction  of  bonds. 

§  91.  When  the  vote  is  canvassed  by  the  board  of  directors  an'd  en- 
tered of  record,  if  a  two-thirds  majority  of  the  votes  cast  should  be 
found  to  be  in  favor  of  the  destruction  of  said  bonds,  then  the  presi- 
dent of  the  board,  in  the  presence  of  a  majority  of  the  members  of  the 
board,  must  destroy  the  bonds  so  voted  to  be  destroyed,  and  the  total 
amount  of  bonds  so  destroyed  and  canceled  shall  be  deducted  from  the 
sum  authorized  to  be  issued  by  the  electors  of  said  district,  and  no  part 
thereof  shall  thereafter  be  reprinted  or  reissued. 

Act  not  to  repeal  other  acts. 

§  92.  This  act  is  not  intended  to  supersede  or  repeal  any  other  act 
for  the  organization  of  reclamation  or  protection  districts,  or  for  pro- 
tection purposes,  but  is  intended  as  an  independent  and  alternative 
means  of  effecting  the  protection  herein  provided  for  where  the  pro- 
visions of  this  act  are  most  applicable  or  desirable  to  the  parties  inter- 
ested. 

§  93.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

ACT  2806. 

An  act  to  provide  for  the  formation,  organization  and  government  of 
storm-water  districts,  for  the  purpose  of  protecting  the  land  therein 
from  damage  from  storm  water  and  from  the  waters  of  any  in- 
navigable stream,  watercourse,  canyon  or  wash,  for  the  construction 
ot  the  necessary  works  of  protection  by  said  district,  and  for  the 


Act  2806,  §§  1,  2  GENERAL  LAWS.  1006 

levying  of  taxes  and  assessments  to  pay  for  the  cost  of  constructing, 
repairing   and   maintaining  sucli  improvements. 

[Approved  March  13,  1909.     Stats.  1909,  p.  339.] 

Storm  water  districts,  how  formed.     Resolution  of  Intention.     Notice  of 

intention. 

§  1.  Storm-water  districts  may  be  formed  under  the  provisions  of 
this  act  for  the  purpose  of  protecting  the  lands  in  such  districts  from 
damage  from  storm  water,  and  from  the  waters  of  any  innavigable 
stream,  watercourse,  canyon  or  wash.  AVhen  ten  or  more  owners  of  land 
whose  names  appear  as  such  upon  the  last  assessment-roll,  in  any  dis- 
trict of  land  which  lies  in  one  body  and  is  liable  to  damage  from  storm 
water  or  from  the  waters  of  any  innavigable  stream,  watercourse,  can- 
yon or  wash,  shall  present  a  petition  to  the  board  of  supervisors  of  the 
county  in  which  said  land  lies,  or  if  the  same  lies  in  more  than  one 
county,  then  to  the  board  of  supervisors  of  the  county  in  which  the 
greater  area  of  such  land  lies,  setting  forth  the  exterior  boi.r.idaries  of 
said  district  and  asking  that  the  district  so  described  be  formed  into  a 
storm-water  district  under  the  provisions  of  this  act,  the  said  board 
of  supervisors  shall  pass  a  resolution  declaring  their  intention  to  form 
and  organize  said  portion  of  said  county  or  counties  into  a  storm-water 
district  for  the  purpose  of  protecting  the  land  therein  from  damage 
from  storm  water,  and  from  the  waters  of  any  innavigable  stream, 
watercourse,  canyon  or  wash,  and  describing  the  exterior  boundaries  of 
the  district.  Said  resolution  shall  fix  a  time  and  place  for  the  hearing 
of  the  matter,  not  less  than  thirty  days  after  the  passage  thereof,  and 
direct  the  clerk  of  said  board  to  publish  a  notice  of  *,he  intention  of  the 
board  of  supervisors  to  form  such  storm-water  district,  and  of  the  time 
and  place  fixed  for  the  hearing,  and  shall  designate  some  newspaper  of 
general  circulation,  published  and  circulated  in  said  proposed  storm-water 
district,  or  if  there  is  no  newspaper  so  published  and  circulated,  then 
some  newspaper  of  general  circulation  published  and  circulated  in  each 
county  in  which  any  part  of  said  proposed  district  is  situated  in  which 
such  notice  is  to  be  published. 

Publication  of  notice. 

§  2.  Thereupon  said  clerk  shall  cause  to  be  published  in  the  news- 
paper or  newspapers  so  designated,  for  a  period  of  twenty  days  before 
the  date  fixed  for  the  hearing,  a  notice,  which  shall  be  headed  "Notice 
of  intention  of  the  board  of  supervisors  to  form  a  storm-water  district." 
Said  notice  shall  set  forth  the  fact  of  the  passage  of  such  resolution 
with  the  date  thereof,  the  boundaries  of  the  proposed  district,  and  the 
time  and  place  for  the  hearing,  and  shall  state  that  it  is  proposed  to 
assess  all  property  embraced  in  said  proposed  storm-water  district,  for 
the  purpose  of  paying  the  damages,  costs  and  expenses  of  constructing 
and  repairing  such  dikes,  levees,  ditches,  canals  and  other  improve- 
ments as  may  be  necessary  to  protect  the  land  in  said  district  from 
damage  from  storm  water  and  from  the  waters  of  any  innavigable 
stream,  watercourse,  canyon  or  wash,  and  the  necessary  expense  of 
maintaining  the  said  district,  and  shall  refer  to  the  resolution  for  further 


1007  PROTECTION  DISTRICTS.  Act  2806,  §§  3-6 

particulars.  Said  clerk  shall  send  a  copy  of  said  notice  by  registered 
mail,  postage  prepaid,  to  each  owner  of  land  in  the  proposed  district 
whose  name  appears  as  such  on  the  last  completed  assessment-roll  of 
the  county  or  counties  in  which  said  proposed  district  lies,  addressed  to 
such  owner  at  his  address  given  on  such  assessment-roll,  or  if  no  address 
is  so  given,  then  to  his  last  known  address,  or  if  it  be  not  known  then 
at  the  county  seat  of  the  county  in  which  his  land  lies.  Said  clerk 
shall  make  and  file  in  his  office  an  affidavit  of  such  mailing,  showing 
the  names  and  addresses  of  the  persons  to  whom  such  notices  were  sent, 
which  shall  be  prima  facie  evidence  that  said  notices  were  mailed  as 
herein  required. 

Objections  to  formation  of  district. 

§3.  Any  person  interested  objecting  to  the  formation  of  such  pro- 
posed district,  or  to  the  extent  thereof,  may,  at  or  before  the  time  fixed 
for  the  hearing  of  the  matter,  file  a  written  objection  thereto,  stating 
briefly  his  ground  of  objection,  with  the  clerk  of  said  board  of  super- 
visors, who  shall  indorse  thereon  the  date  of  its  reception  by  him,  and 
shall  at  the  time  fixed  for  the  hearing,  place  all  such  objections  filed 
with  him  before  said  board  of  supervisors. 

Hearing.     Declaration  of  supervisors. 

§  4.  At  the  time  fixed  for  the  hearing,  or  to  which  the  hearing  may 
be  adjourned,  the  board  of  supervisors  shall  hear  the  objections  filed, 
if  any,  and  pass  upon  the  same.  Said  board  may,  in  its  discretion,  sus- 
tain, in  whole  or  in  part,  any  or  all  of  the  objections  filed,  and  may 
change  or  alter  the  boundaries  of  such  proposed  district  to  conform  to 
the  needs  of  the  district,  except  that  they  shall  not  include  therein  any 
territory  not  included  in  the  boundaries  mentioned  in  the  petition,  and 
may,  in  their  discretion,  declare  such  storm-water  district  formed  with 
the  boundaries  designated  by  them,  and  shall  designate  such  district 
by  uame  as  the  storm-water  district  of  county  (or  coun- 
ties); provided  that  no  such  district  shall  be  formed  wherein  a  majority 
of  the  owners  of  property  in  said  district,  according  to  the  last  previous 
assessment-roll,  object  in  writing  to  such  action. 

Control  of  district, 

§  5.  Each  storm-water  district  shall  be  under  the  control  of  three 
trustees,  to  be  elected  as  hereinafter  provided,  who  shall  constitute  the 
governing  board  thereof.  Each  trustee  shall  be  a  freeholder  of  the 
district  and  shall  have  resided  therein  at  least  one  year  next  preceding 
his  election,  and  shall  give  bond  in  such  sum  as  the  board  of  supervisors 
who  formed  the  district  shall  fix,  which  bond  shall  be  approved  by  a 
superior  judge  of  said  county  and  filed  with  the  county  clerk  thereof. 
Said  trustees,  except  those  first  elected,  shall  take  office  on  the  first  day 
of  July  next  succeeding  their  election,  and  shall  hold  office  for  the  term 
'  of  two  years,  and  until  their  successors  are  elected  and  qualified. 

Election   of  trustees.     Conduct   of   election.     Organization   of   board   off 

trustees. 

§  6.  Upon  the  formation  of  such  storm-water  district  the  said  board 
of   supervisors   must   call   an   election    therein   for   the   election   of   three 


Act280C,  §§  7, 8  GENERAL  LAWS.  1008 

trustees  of  such  district.  Notice  of  said  election  stating  the  time,  place 
or  places  and  purpose  thereof,  and  the  names  of  the  election  officers 
shall  be  given  by  the  board  by  publication  in  some  newspaper  of  gen- 
eral circulation,  designated  by  the  board  and  published  in  their  county, 
for  two  weeks  before  said  election.  Such  election  shall,  except  as  herein 
otherwise  provided,  be  held  in  conformity  to  the  law  for  holding  special 
elections,  as  to  matters  provided  for  thereby,  and  as  to  other  matters 
in  conformity  to  the  general  election  law,  so  far  as  applicable;  but  no 
sample  ballots  shall  be  sent  out.  The  election  board  shall  count  the  votes 
as  soon  as  the  polls  are  closed,  and  forward  the  returns  of  the  election 
to  said  board  of  supervisors.  Said  board  of  supervisors  at  their  next 
regular  meeting  thereafter  shall  canvass  said  returns,  and  issue  cer- 
tificates of  election  to  the  persons  elected.  The  board  of  trustees  so 
elected  shall  meet  and  organize  on  the  next  Monday  after  their  cer- 
tificates of  election  are  isseud  to  them,  and  shall  hold  office  until  the  first 
day  of  July  next  succeeding  the  first  regular  election  of  trustees  herein- 
after provided  for  after  the  formation  of  said  district,  and  until  their 
successors  are  elected  and  qualified.  On  the  first  Friday  of  June  of  each 
even-numbered  year  there  shall  be  held  an  election  in  said  storm-water 
district  for  the  purpose  of  electing  three  trustees  of  said  district.  Such 
regular  election  must  be  called  by  the  board  of  trustees  of  such  district 
in  the  manner  herein  provided  for  calling  the  first  election,  and  the 
election  shall  be  held  in  the  same  manner  as  the  said  first  election,  and 
certificates  of  election  shall  be  issued  by  the  trustees. 

Trustees,  compensation.    Meetings,  etc. 

§7.  The  trustees  shall  receive  no  compensation  for  their  services. 
They  shall  elect  one  of  their  own  number  president.  They  shall  appoint 
a  clerk,  who  shall  hold  office  at  their  pleasure,  and  receive  such  compen- 
sation as  they  may  fix.  They  must  establish  and  keep  an  office  in  or 
near  the  district  for  the  transaction  of  the  business  thereof,  at  which 
all  books,  records,  and  papers  of  the  district  must  be  kept  and  be  open 
to  public  inspection  at  all  reasonable  times.  They  shall  hold  regular 
meetings  at  such  office,  at  such  times  as  they  shall  by  order  prescribe. 
Special  meetings  may  be  held  on  written  order  of  any  two  trustees 
and  two  days  written  notice  to  any  trustee  not  joining  in  the  order. 
The  order  must  specify  the  business  for  which  the  special  meeting  is 
called   and   no   other   business   shall   be   transacted   thereat. 

Powers  of  districts.     Contracts.    Emergency  work. 

§  8.  Each  storm-water  district  shall  have  power  to  sue  and  be  sued. 
The  trustees  thereof  shall  have  power  in  the  name  and  in  behalf  of  the 
district  to  purchase,  receive  by  donation,  or  acquire  by  condemnation 
any  rights  of  way  or  other  real  or  personal  property  necessary  to  carry 
out  the  purposes  for  which  the  district  was  formed,  and  for  that  purpose 
all  the  provisions  of  the  Code  of  Civil  Procedure  relating  to  eminent 
domain  are  hereby  made  applicable  to  proceedings  by  such  district  to 
condemn  property.  The  said  board  of  trustees  shall  also  have  power 
to  employ  such  engineers,  surveyors  and  others  as  may  be  necessary  to 


1009  PROTECTION  DISTRICTS.  Act  2806,  §§  9,  10 

survey,  plan,  or  locate,  or  supervise  the  construction  or  repair  of,  the 
improvements  necessary  to  carry  out  the  purposes  for  which  the  district 
was  formed;  to  construct,  maintain  and  keep  in  repair  any  and  all 
improvements,  requisite  or  necessary  to  carry  out  the  purposes  of  the 
district;  and  to  do  any  and  all  other  acts  and  things  necessary  or  re- 
quired for  the  protection  of  the  lands  in  said  district  from  damage  from 
storm  waters  and  from  waters  of  any  innavigable  stream,  watercourse, 
canyon  or  wash;  and  to  employ  the  services  of  any  person  legal  or  other- 
wise, which  in  the  judgment  of  said  board  of  trustees  may  be  necessary 
to  carry  out  said  purposes.  All  work  of  construction,  repair,  or  mainte- 
nance, the  cost  whereof  exceeds  $500  shall  be  done  by  contract;  and  all 
contracts  shall  be  let  by  the  board  to  the  lowest  responsible  bidder,  who 
will  give  bond  for  the  faithful  performance  thereof  satisfactory  to  the 
board,  after  advertisement  for  bids  published  by  their  clerk  for  not  less 
than  ten  days  in  some  newspaper  of  general  circulation,  designated  by 
the  board  and  published  in  the  county  in  which  the  district  or  some  part 
thereof  is  situated,  specifying  the  time  and  place  for  the  opening  of  bids, 
and  the  particular  work  to  be  bid  for;  provided  however,  that  the  board 
may  reject  all  bids  and  re-advertise,  and  may  by  unanimous  action  in 
cases  of  great  emergency,  the  nature  of  which  shall  be  entered  on  their 
minutes,  proceed  -at  once  to  replace  or  repair  any  of  the  works  or  im- 
provements of  the  district  without  advertisement. 

Improvements,  survey  for  determining  what. 

§  9.  As  soon  as  said  district  is  organized,  the  board  of  trustees  thereof 
shall  cause  a  survey  to  be  made  to  determine  what  improvements  shall 
be  made  to  carry  out  the  purposes  of  the  district,  and  shall  also  cause 
a  map  of  such  survey,  and  plans  and  specifications  showing  such  im- 
provements in  detail,  to  be  prepared,  and  they  shall  adopt  such  map, 
plans  and  specifications,  and  thereafter  all  such  improvements  shall  be 
made  in  accordance  with  the  map,  plans  and  specifications  so  adopted; 
provided,  that  at  any  time  after  the  adoption  of  said  map,  plans  and 
specifications,  and  before  the  commissioner's  report  of  assessment  of  bene- 
fits and  award  of  damages  has  been  finally  adopted  and  confirmed  by  the 
board  of  trustees,  said  board  may  rescind  their  action  in  adopting  said 
map,  plans  and  specifications,  and  may  modify  the  same  or  adopt  others 
in  place  tliereof. 

Commissioners,  appointment  and  duties  of.     Compensation. 

§  10.  After  adopting  said  map,  plans  and  specifications,  the  board  of 
trustees  shall  appoint  three  commissioners,  one  of  whom  shall  be  a  civil 
engineer,  to  assess  benefits  and  damages  and  to  estimate  the  total  cost 
of  making  the  proposed  improvements,  which  estimate  shall  include  all 
expenses  of  every  kind  incurred  or  to  be  incurred,  either  directly  or 
indirectly,  in  carrying  out  said  improvements.  Before  entering  upon 
the  discharge  of  their  duties,  the  commissioners  shall  each  take  and 
subscribe  an  oath  to  perform  the  duties  of  such  commission  to  the  best 
of  their  ability,  and  shall  each  file  with  the  clerk  of  said  trustees  a 
bond  to  the  state  of  California  in  the  penal  sum  of  one  thousand  dollars, 
Gen.  Laws — 64 


Act  2806,  §§  11,  12  GENERAL  LAWS.  1010 

to  faithfully  perform  the  duties  of  the  office  of  said  commissioner,  which 
bond  must  be  approved  by  said  board  of  trustees.  The  board  of  trustees 
may  at  any  time  remove  any  or  all  of  said  commissioners  for  cause  upon 
reasonable  notice  and  hearing,  and  may  fill  any  vacancies  occurring 
among  them  from  any  cause.  Said  commissioners  shall  receive  for  their 
services  such  compensation  as  the  trustees  may  determine  from  time 
to  time,  provided  that  such  compensation  shall  not  exceed  ten  dollars  per 
day  for  such  civil  engineer,  nor  five  dollars  per  day  for  the  other  com- 
missioners, nor  continue  for  more  than  three  months  unless  the  board 
of  trustees  shall  extend  the  time.  The  compensation  of  the  commission- 
ers shall  be  considered  as  an  expense  of  the  improvements,  and  shall  be 
chargeable  and  payable  as  other  expenses  thereof. 

Assessments  of  costs. 

§  11.  Said  commissioners  shall  proceed  to  view  the  land  embraced 
within  the  boundaries  of  said  storm-water  district  and  the  improvements 
to  be  made,  and  may  examine  witnesses  under  oath,  to  be  administered 
by  any  one  of  them.  Having  viewed  the  land  to  be  taken  and  the  im- 
provements to  be  made,  and  considered  the  testimony  presented,  they 
shall  proceed  with  all  diligence  to  determine  the  value  of  the  land  to 
be  taken  for  rights  of  way  or  construction  of  improvements,  and  the 
damage  to  property  affected  thereby,  and  also  to  estimate  the  cost  of 
constructing  the  proposed  improvements  and  the  expenses  incident 
thereto,  and  having  determined  the  same,  shall  proceed  to  assess  the 
said  value  of  land  taken,  damage  to  property  affected  and  cost  and 
expenses  of  the  proposed  improvements  to  the  county  or  counties  and 
upon  the  lands  embraced  within  the  exterior  boundaries  of  said  storm- 
water  district.  Said  assessment  shall  be  made  in  the  following  manner. 
The  board  of  supervisors  of  each  county  in  which  any  part  of  the  dis- 
trict is  situated,  may,  if  they  consider  that  the  proposed  improvements 
will  be  of  benefit  to  the  county  roads,  by  order  entered  upon  their 
minutes,  provide  that  such  county  shall  pay  a  portion  of  the  total  cost 
of  the  improvements,  such  payment  to  be  made  out  of  the  road  fund 
of  the  district  where  the  improvements  are  to  be  made,  or  out  of  the 
general  road  fund,  as  the  board  of  supervisors  may  det,ermine.  The 
total  amount  to  be  paid  by  all  counties  contributing  shall  not  exceed 
one-half  of  the  total  cost  of  the  improvements.  The  commissioners  shall 
assess  to  the  county  or  counties  aforesaid  such  part  of  the  total  cost  of 
the  improvement  as  the  board  of  supervisors  thereof  have  agreed  to  pay 
as  aforesaid,  and  the  remainder  of  such  assessment  shall  be  made  upon 
the  lands  in  said  district  in  proportion  to  the  benefits  to  be  derived  by 
such  lands  from  said  improvements,  including  in  said  assessment  the 
property  of  any  railroad  company  within  said  district,  if  such  there  be. 

Report  to  trustees.     Eights  of  way. 

§12.  Said  commissioners,  after  making  their  assessment  of  benefits 
and  damages,  shall  with  all  diligence  make  a  written  report  thereof  to 
the  board  of  trustees  of  the  district  and  shall  accompany  their  report 
with  a  plat  of  the  district,  showing  the  land  taken  or  to  be  taken  for 


1011  PROTECTION  DISTRICTS.  Act  2806,  §§  13,  14 

rights  of  way  or  the  construction  of  the  improvements,  or  to  be  dam- 
aged thereby,  and  the  land  assessed,  showing  the  relative  location  of 
each  lot  or  parcel  of  land  and  its  dimensions  and  area,  so  far  as  the 
commissioners  can  reasonably  ascertain  the  same.  Each  lot  or  parcel 
of  land  to  be  taken,  damaged  or  assessed  shall  be  designated  in  said 
plat  by  an  appropriate  number,  and  a  reference  to  it  by  such  number 
in  the  report  shall  be  a  sufficient  description  of  it  in  all  respects.  Said 
report  of  the  commissioners  shall  specify  each  lot  or  parcel  of  land  taken 
or  to  be  taken  for  rights  of  way  or  the  construction  of  such  improve- 
ments, or  to  be  damaged  thereby,  with  the  names  of  the  owners  thereof 
or  persons  interested  therein,  and  the  particulars  of  their  interest,  so  far 
as  the  same  can  be  ascertained;  the  names  of  the  land  owners  who  con- 
sent to  give  the  right  of  way,  or  to  waive  damages  to  their  land  not 
taken,  and  their  written  consent  thereto;  the  names  of  land  owners  who 
do  not  consent  and  the  amount  of  damage  claimed  by  each;  and  the - 
amount  awarded  to  each  land  owner  by  the  commissioners  for  the  value 
of  land  to  be  taken  or  damages  to  land  not  taken.  Said  report  shall 
also  specify  each  lot,  or  parcel  of  land  to  be  assessed,  together  with  the 
names  of  the  owners  or  claimants  thereof  or  persons  interested  therein, 
so  far  as  the  same  are  known  to  the  commissioners,  and  the  particulars 
of  their  interest,  so  far  as  the  same  can  be  ascertained,  and  the  amount 
assessed  against  each  such  piece  or  parcel  of  land. 

Conflicting  claims. 

§  13.  If  in  any  case  the  commissioners  find  that  conflicting  claims 
of  title  exist,  or  they  are  in  doubt  as  to  the  ownership  of  any  lot  or 
parcel  of  land  or  any  improvement  thereon,  or  of  any  interest  in  such 
land  or  improvement,  it  shall  be  set  down  as  belonging  to  unknown 
owners.  En"ors  in  the  designation  of  the  owner  or  owners  of,  or  persons 
interested  in,  any  land  or  improvements  or  of  the  particulars  of  their 
interest,  shall  not  affect  the  validity  of  the  assessment  or  of  any  con- 
demnation of  the  property  to  be  taken. 

Hearing  of  report. 

§  14.  The  report  of  such  commissioners  and  the  plat  accompanying 
it  shall  be  filed  with  the  trustees  of  the  district,  and  said  board  of 
trustees  shall  thereupon  fix  a  time  for  the  hearing  thereof,  which  shall 
not  be  less  than  four  weeks  after  the  filing  thereof,  and  thereupon  the 
clerk  of  said  board  of  trustees  shall  give  notice  of  such  hearing  by  pub- 
lication for  at  least  two  weeks  in  a  newspaper  of  general  circulation 
published  and  circulated  in  said  district,  if  such  there  be,  or  if  there 
is  no  such  newspaper,  then  in  some  newspaper  of  general  circulation 
published  in  one  of  the  counties  in  which  said  district  is  situated,  said 
newspaper  to  be  designated  by  the  board.  Such  notice  shall  be  substan- 
tially in   the  following  form: 

Notice  of  the  filing  of  the  commissioner's  report  of  storm-water 

district  of  the  county  of  . 

Notice  is  hereby  given  that  the  commissioners  of  the  storm-water 

district  of  the  county  of  ,  did  on  the  day  of  ,  19 — ,  file 


Act  2806,  §§  15,  16  GENERAL  LAWS.  1012 

their  report  of  the  assessment  of  benefits  and  award  of  damages  with 
the  board  of  trustees  of  said  district,  which  said  report   is  now  on  file 

in  the  office  of  said  trustees,  at  ,  and  that  said  report  will  be  heard 

by  said  trustees  at  their  office  on  the  day  of  ,   190 — ,  at  the 

hour  of  M.     Said  report  and  the  map,  plans  and  specifications  of 

the  improvements  mentioned  therein  are  hereby  referred  to  for  further 
particulars.  All  persons  interested  are  hereby  rquired  to  show  cause, 
if  any  they  have,  at  the  time  fixed  for  said  hearing,  why  such  report 
should  not  be  adopted  and  confirmed  by  said  board  of  trustees,  and  the 
improvements  therein  referred  to  constructed  by  said  district.  All  ob- 
jections shall  be  in  writing,  signed  by  the  person  objecting,  and  filed  with 
the  board  of  trustees  at  or  before  the  time  above  mentioned. 

(Signed)  . 

Clerk  of  the  board  of  trustees  of storm-water  district,  of county. 

Objections  to  report,  hearing  of. 

§  15.  Any  person  interested  may  file  with  the  said  board  of  trustees, 
at  or  before  the  time  fixed  for  the  hearing,  a  written  objection  to  said 
report  or  any  part  thereof,  or  to  the  map,  plans,  or  specifications  for  the 
proposed  improvements,  or  to  the  making  of  such  proposed  improvements. 
At  the  time  fixed  for  such  hearing  or  at  any  other  time  to  which  the 
hearing  may  be  adjourned,  the  board  of  trustees  shall  hear  all  objections 
so  filed,  if  any,  and  pass  upon  the  same,  and  shall  proceed  to  pass  upon 
such  report,  and  may  confirm,  correct  or  modify  the  same,  or  may  take 
such  action  in  regard  to  the  map,  plans,  and  specifications  as  is  author- 
ized by  section  9  of  this  act,  or  may  order  the  commissioners  to  make 
a  new  assessment,  report  and  plat,  which  shall  be  filed,  heard,  and  acted 
upon  in  the  same  manner  and  on  like  notice,  as  in  the  case  of  an  original 
report.  The  action  of  the  board  upon  the  report  and  objections  thereto, 
and  upon  the  map,  plans  and  specifications,  shall  be  final  and  conclusive 
as  to  all  matters  which  they  might  have  remedied  or  avoided;  and  no 
assessment  shall  be  set  aside,  except  upon  such  hearing,  for  any  error, 
defect,  or  informality  therein  or  in  the  proceedings  prior  thereto,  where 
the  district  has  been  legally  formed  and  notice  of  the  hearing  of  the 
report  has  been  given  as  herein  prescribed.  When  such  report  has  been 
adopted  and  confirmed,  said  board  may  by  order  entered  upon  its  min- 
utes  discharge   said   commissioners,   and   their   authority   shall   thereupon 


Installment    assessments.     Duty   of   tax    collector.     Payment   of    assess- 
ments. 

§  16.  After  said  report  has  been  adopted,  the  board  of  trustees,  if 
they  consider  the  total  sura  to  be  raised  for  the  payment  of  the  cost  of 
such  improvements  too  great  to  be  properly  expended  in  one  year,  or 
too  great  to  be  raised  in  one  year  by  assessment  against  the  property 
in  such  storm-water  district,  may  by  order  entered  upon  their  minutes, 
provide  that  the  total  sum  assessed  shall  be  raised  in  any  number  of 
equal  annual  installments,  not  exceeding  ten.  When  the  board  has 
adopted  the  report  and  determined  the  number  of  equal  annual  install- 


1013  PROTECTION  DISTRICTS.  Act  2806,  §17 

ments  in  wliich  such  assessment  shall  be  raised,  they  shall  cause  their 
clerk  to  forward  to  the  tax  collector  of  the  county  in  which  such  dis- 
trict is  situated,  who  shall  file  the  same  in  his  office,  a  certified  copy  of 
the  report,  assessment  and  plat  as  adopted  and  confirmed  by  said  board  of 
trustees,  together  with  a  certified  copy  of  the  order  of  said  board,  fixing 
the  number  of  equal  annual  installments  in  which  such  assessment  is  to 
be  raised,  which  documents  shall  constitute  the  assessment-roll.  From 
and  after  the  filing  of  such  certified  copy  of  the  report  and  order  of 
the  board  in  the  tax  collector's  office,  the  first  year's  installment  of  the 
amount  assessed  thereon  against  each  parcel  of  land  shall  become  due 
and  payable  immediately,  and  the  total  amount  assessed  against  each- 
parcel  of  land  shall  constitute  a  lien  thereon;  and  thereafter  installments 
of  the  assessment  for  the  succeeding  years  shall,  become  due  and  payable 
on  the  first  Monday  of  October  of  each  year;  provided,  that  any 
or  all  subsequent  installments  of  the  assessment  on  any  parcel  of  lan'd 
may,  at  the  option  of  any  person  desiring  to  pay  the  same,  be 
paid  at  any  time  after  the  first  installment  becomes  due  and 
payable.  If  the  district  is  situated  in  two  or  more  counties,  a  certi- 
fied copy  of  said  report,  assessment,  plat  and  order  of  the  board  of 
trustees  shall  be  filed  with  the  tax  collector  of  each  county  in  which  any 
part  of  said  district  is  situated,  and  thereafter  each  tax  collector  shall 
proceed  as  to  the  property  in  said  district  within  his  own  county  in  the 
manner  hereinafter  directed,  and  the  assessment  on  the  property  in  said 
county  shall  be   collected  in  the  manner  hereinafter   directed. 

Publication  by  tax  collector.    Annual  notice. 

§  17.  Within  one  month  after  the  filing  of  such  certified  copy  of  said 
report,  assessment,  plat  and  order  with  the  tax  collector,  said  tax  col- 
lector shall  give  notice  by  ten  days'  publication  in  a  newspaper  of  gen- 
eral circulation  published  in  said  district,  or  if  there  is  none,  in  a 
newspaper  of  general  circulation  published  in  his  county,  that  the  assess- 
ment-roll of  storm-water  district  of  county,  has  been  filed  in 

his  office,  with  the  date  of  said  filing;  that  the  amounts  entered  thereon 
are  due  and  payable;  that  if  not  paid  on  or  before  the  first  Monday  in 
January  next  ensuing,  the  same  will  become  delinquent  and  will  be 
collected  in  the  same  manner  as  delinquent  taxes.  If  the  first  Monday 
in  January  next  ensuing  is  less  than  three  months  from  the  date  of 
filing  the  assessment-roll  with  the  tax  collector,  the  date,  to  be  stated  in 
the  notice,  shall  be  three  months  after  the  filing  of  such  assessment-roll. 
The  tax  collector  shall  note  on  said  assessment-roll  all  assessments  paid, 
with  the  dates  of  payment,  giving  receipts  as  in  the  case  of  payments 
of  taxes,  and  shall  pay  all  money  collected  into  the  county  treasury  at 
the  same  time  and  in  the  same  manner  as  money  collected  for  taxes  paid 
into  such  treasury.  All  collections  of  subsequent  installments  of  the 
assessment  shall  be  made  in  the  same  manner  as  above  set  forth,  and 
the  tax  collector  shall  annually  (after  the  first  year),  immediately  after 
the  first  Monday  of  October  give  notice  as  above  directed  that  the  (giv- 
ing the  number}  annual  installment  of  the  assessments  of  said  district 
is  now  due  and  payable,  and  that  if  not  paid   on  or  before  the  first 


Act  2806,  §§  18-20  GENERAL  LAWS.  1014 

Monday  of  January  next  ensuing,  the  same  will  become  delinquent  and 
will  be  collected  in  the  same  manner  as  delinquent  taxes;  and  the  same 
proceedings  shall  be  had  thereon  as  upon  the  collection  of  the  first 
assessment.  If  said  district  is  situated  in  two  or  more  different  coun- 
ties, all  moneys  collected  on  account  of  such  assessment  shall  be  paid 
into  the  treasury  of  the  county  in  which  said  district  was  organized. 

Delinquent   installments,   penalty   added.     Duty    of    county   treasurer. 

§  18.  When  any  installment  of  said  assessments  has  become  delinquent, 
as  stated  in  said  notice  of  the  tax  collector,  the  tax  collector  shall  pro- 
ceed to  collect  such  delinquent  installments  of  assessments,  with  five  per 
cent  added  thereon,  and  pay  the  same,  including  the  said  five  per  cent 
so  collected,  over  to  the  county  treasurer  as  aforesaid,  in  the  same  man- 
ner as  state  and  county  taxes  are  collected  and  paid  over;  and  all  of  the 
provisions  of  chapter  7,  Title  IX,  Part  III,  and  of  section  3897  of  the 
Political  Code  not  in  conflict  with  any  of  the  provisions  of  this  act, 
are  hereby  made  applicable  to  the  collection  of  assessments  and  delin- 
quent installments  of  assessments  in  such  storm-water  district.  Before 
any  installment  of  said  assessment  becomes  delinquent,  the  board  of 
supervisors  of  each  county  against  which  any  part  of  the  cost  of  the 
improvement  has  been  assessed,  as  hereinbefore  provided,  shall  direct 
the  county  treasurer  to  transfer  the  amount  of  such  installment  of  such 
assessment  from  any  money  then  in  the  fund  of  such  county  from  which 
the  same  is  to  be  paid,  to  the  special  fund  to  be  raised  by  such  assess- 
ments; or  if  such  district  is  in  two  or  more  counties,  and  was  organized 
in  some  other  county,  to  pay  such  amount  to  the  treasurer  of  such  other 
county,  who  shall  place  the  same  in  the  special  fund  raised  by  said 
assessment. 

Disposition  of  fund.     Payments  from  fund. 

§  19.  All  moneys  paid  upon  such  assessments,  either  by  property 
owners  or  by  the  county  or  counties  affected,  shall  be  placed  in  the  county 
treasury  of  the  sounty  in  which  such  storm-water  district  was  organized, 
to  the  credit  of  a  special  fund  to  be  known  as  the  storm-water  dis- 
trict improvement  fund;  and  shall  be  used  only  to  pay  the  expense  and 
cost  of  constructing  the  improvements  described  in  the  map,  plans  and 
specifications  adopted  by  the  board  of  trustees.  Any  surplus  remaining 
after  the  construction  thereof  shall  be  paid  into  the  current  expense 
fund.  All  payments  from  said  fund  shall  be  made  upon  claims  prepared 
in  the  manner  required  by  law  for  the  preparation  of  claims  against  a 
county,  and  first  presented  to  the  board  of  trustees  of  said  district  and 
by  them  approved,  and  thereafter  presented  and  filed  as  claims  against 
the  county  and  approved  by  the  board  of  supervisors  of  said  county,  and 
upon  a  warrant  drawn  by  the  auditor  of  said  county  upon  the  order  of 
said  board  of  supervisors,  in  the  same  manner  as  other  claims  upon  the 
county  treasury. 

Payments  for  property  taken.     Notice  of  payment. 

§20.  When  sufficient  money  is  in  such  storm-water  district  improve- 
ment fund  to  pay  for  the  property  to  be  taken  and  damaged  according 


1015  PROTECTION   DISTRICTS.  Act  2806,  §§  21-23 

to  the  award  made  in  the  report  of  the  commissioners,  the  clerk  of  said 
board  of  trustees  shall  notify  the  owner,  possessor  or  occupant  of  any 
land  or  improvement  thereon  to  whom  an  award  shall  have  been  made 
for  property  to  be  taken  or  damaged,  that  such  award  has  been  made, 
stating  the  amount  thereof  and  the  property  aifected  thereby,  and  that 
upon  such  person  filing  a  claim  and  tendering  a  conveyance  of  the  prop- 
erty to  be  taken  or  a  release  of  the  damages  to  property  not  taken, 
such  claim  will  be  allowed  and  the  amount  awarded  paid  to  him.  Such 
notice  shall  be  given  by  depositing  such  notice  in  the  postoffice  at  the 
county  seat  of  such  countj^,  postage  prepaid  addressed  to  such  owner, 
possessor  or  occupant,  if  his  name  be  known,  at  his  last  known  postoffice 
address.  If  the  name  of  the  owner  of  such  property  is  not  given  in  the 
report  of  the  commissioners,  or  his  postoffice  address  cannot  be  ascer- 
tained, said  notice  shall  be  given  by  said  clerk  by  posting  a  copy  thereof 
in  a  conspicuous  place  upon  the  property  described  in  said  notice.  He' 
shall  thereupon  indorse  a  certificate  of  such  posting  upon  the  orignal 
notice  and  file  the  same  in  his  office. 

Awards  not  accepted,  proceedings  when. 

§  21.  If  any  award  of  damages  for  land  or  right  of  way  to  be  taken 
or  damaged  is  not  accepted  within  fifteen  days  after  the  mailing  or  post- 
ing of  this  notice,  it  shall  be  deemed  rejected  by  the  property  owner, 
and  thereupon  the  board  of  trustees  of  the  district  may  cause  proceedings 
to  secure  the  land  or  right  of  way  desired  to  be  instituted  in  the  name 
of  the  district,  by  some  attorney  to  be  employed  by  them  for  that  pur- 
pose, against  all  nonaccepting  property  owners;  and  when  thereunder 
the  right  of  way  or  land  is  secured,  the  improvement  must  be  commenced 
as  hereinafter  provided.  In  such  suit  no  informality  in  the  proceedings 
of  the  board  of  supervisors  or  of  the  commissioners  or  of  the  board  of 
trustees  shall  vitiate  such  suit;  but  the  order  of  the  board  of  trustees 
directing  the  suit  to  be  brought  shall  be  conclusive  proof  of  the  regu- 
larity of  such  prior  proceedings;  and  the  suit  shall  be  determined  by 
the  court  or  jury  in  accordance  with  the  rights  of  the  resjiective  parties 
as  shown  in  court,  independent  of  said  proceedings  before  said  board  of 
supervisors  or  before  said  commissioners  or  before  said  trustees. 

Defective  rights  of  way. 

§22.  If  any  right  of  way  attempted  to  be  acquired  by  virtue  of  this 
act  shall  be  found  to  be  defective  from  any  cause,  the  board  of  trustees 
may  again  institute  proceedings  to  acquire  the  right  of  way  as  in  this 
act  provided,  or  otherwise,  or  may  purchase  the  same,  and  include  the 
cost  thereof  in  the   expenses  of   such   improvement. 

Improvements  to  begin,  when. 

§23.  As  soon  as  there  is  sufficient  money  in  the  improvement  fund 
to  pay  for  the  construction  of  the  improvements,  or  any  separate  part 
thereof,  and  the  necessary  land  and  rights  of  way  therefor  have  been 
secured,  the  trustees  must  proceed  with  the  construction  of  said  im- 
provement. The  board  of  trustees  shall  determine  the  amount  of  work 
to  be  done  in  each  year  and  the  place  where  such  work  is  to  be  done, 


Act  2806,  5  §  24-26  GENERAL  LAWS.  1016 

and  may  let  a  contract  for  any  portion  of  such  improvement  tliat  they 
may  deem  proper,  and  none  of  such  work  shall  be  done  without  their 
order.  The  work  shall  be  done  under  the  direction  and  to  the  satisfac- 
tion of  the  board  of  trustees. 

Improvements  to  include  what. 

§24.  The  improvements  made  under  this  act  may  include  the  widen- 
ing, deepening  and  straightening  of  the  channels  of  innavigable  streams, 
watercourses  or  washes,  the  construction  of  new  channels  therefor,  and 
the  construction  of  levees,  banks,  dikes,  conduits,  ditches  and  canals  for 
the  conveyance  of  storm  water,  and  the  waters  of  such  streams,  water- 
courses or  washes,  or  for  confining  such  streams,  watercourses  or  washes 
to  their  channels;  and  said  work  may  be  done  either  within  or  without 
the  boundaries  of  the  district,  as  may  be  necessary  in  order  to  properly 
protect  the  land  in  said  district  from  damage  and  secure  a  free  outlet 
for  such  streams,  watercourses,  washes,  and  storm  water. 

Estimate  for  tax  levy. 

§25.  The  board  of  trustees  of  each  storm-water  district  shall  annually 
during  the  month  of  August  estimate  the  amount  of  money  which  will  be 
needed  for  the  current  year  for  maintaining  and  repairing  the  works  and 
improvements  of  said  district,  and  defraying  the  other  ordinary  expenses 
of  said  district,  and  shall  upon  the  first  Monday  of  September  of  each 
year  certify  to  the  board  of  supervisors  of  the  county  or  counties  in 
which  said  district  lies,  the  amount  of  money  which  is  needed  for  said 
purposes.  Such  board  or  boards  of  supervisors  shall  at  the  time  of 
making  the  levy  of  taxes  for  county  purposes  for  that  year,  levy  a  tax 
upon  the  property  in  their  county  in  said  district  sufficient  in  amount  to 
raise  the  sum  estimated  by  the  board  of  trustees  to  be  necessary.  When 
the  district  is  in  two  or  more  counties,  the  amount  to  be  raised  upon  the 
part  of  the  district  in  each  county  shall  be  in  proportion  to  the  assessed 
valuation  of  the  several  portions  of  the  district  in  the  respective  counties. 
Said  tax  when  levied  shall  be  entered  upon  the  assessment-roll  and  col- 
lected in  the  same  manner  as  state  and  county  taxes.  When  the  same 
is  collected,  it  shall  be  placed  in  the  treasury  of  the  county  in  which 
said  district  was  organized,  to  the  credit  of  the  current  expense  fund 
of  said  district,  and  shall  be  used  only  for  the  purpose  for  which  it  was 
raised.  Payments  shall  be  made  from  said  fund  in  the  same  manner  as 
from  the  improvement  fund  of  the  district. 

Additional  improvements. 

§26.  Whenever  the  board  of  trustees  of  any  storm-water  district  shall 
deem  it  necessary  to  construct  new  or  additional  improvements  other 
than  those  which  have  been  constructed  under  the  first  proceedings  had 
for  that  purpose,  they  may  cause  plans,  specifications,  and  a  map  of  said 
improvements  to  be  prepared  and  may  thereupon  proceed  in  the  same 
manner  as  in  the  case  of  the  construction  of  the  first  improvements  of 
said  district,  by  the  appointment  of  commissioners  and  the  levy  of  an 
assessment  to  pay  the  cost  thereof. 


1017  PUBLIC  ADMINISTRATORS.  Act  2809 

Disincorporation,  proceedings  for. 

§  27.  Any  storm-water  district  may  be  disincorporatecl  at  any  time 
before  the  adoption  of  the  first  commissioner's  report  by  proceedings 
had  in  the  following  manner:  Whenever  a  petition  praying  for  such 
disincorporation  shall  be  presented  to  the  trustees  of  said  district  signed 
by  a  majority  of  the  electors  therein,  they  shall  call  an  election  in  the 
same  manner  as  elections  for  members  of  the  board  of  trustees  are  called, 
and  submit  to  the  electors  of  said  district  the  question  of  disincorpora- 
tion. Said  election  shall  be  held  in  all  respects  in  the  same  mr^nner 
as  regular  elections  of  trustees  of  the  district.  If  it  appears  that  two- 
thirds  of  the  electors  voting  at  said  election  have  voted  in  favor  of  dis- 
incorporation, the  trustees  shall  cause  such  fact  to  be  entered  upon  their 
minutes,  and  shall  forward  a  copy  of  such  entry  to  the  board  of  super- 
visors by  whom  the  district  was  organized,  who  shall  file  the  same  with 
their  clerk,  and  from  the  date  of  such  filing,  said  district  shall  be. 
deemed  disincorporated. 

Property  may  be  added  to  or  excluded. 

§  28.  Property  may  be  added  to  or  excluded  from  any  storm-water 
district  by  action  of  the  board  of  supervisors  by  whom  said  district  was 
organized,  upon  a  petition  presented  to  them  signed  by  a  majority  of  the 
owners  of  land  within  said  territory  to  be  annexed  or  excluded,  as  shown 
by  the  last  previous  assessment-roll.  Before  making  the  order  of  annexa- 
tion or  exclusion,  the  board  of  supervisors  shall  give  notice  in  like  man- 
ner as  upon  the  original  formation  of  the  district,  and  protests  may  be 
presented  and  shall  be  considered  at  the  same  time  and  in  the  same 
manner  as  in  the  case  of  the  formation  of  the  district.  Upon  the  final 
hearing  of  said  petition,  the  board  of  supervisors  shall  make  such  order 
as  shall  seem  best  to  them;  provided,  however  that  property  in  any 
territory  so  excluded  shall  not  be  released  from  the  lien  of  any  assess- 
ment which  has  been  made  upon  said  property.  ' 

Intent  of  act. 

§29.  This  act  is  not  intended  to  supersede  or  repeal  any  other  act 
for  the  construction  and  maintenance  of  ditches,  levees,  dikes,  or  works 
for  protection,  drainage  or  reclamation,  but  is  intended  as  an  independ- 
ent and  alternative  method  of  constructing  the  improvements  herein 
provided  for. 

Construction  of  act. 

§  30.  The  provisions  of  this  act  shall  be  liberally  construed  to  pro- 
mote the  objects  thereof.  This  act  may  be  designated  and  referred  to 
as  the  "Storm-water  district  act  of  1909,"  and  shall  take  effect  and  be 
in  force  upon  its  passage  and  approval. 

TITLE  397. 
PUBLIC  ADMINISTEATORS. 
ACT  2809. 

For  relief  of  purchasers  at  sales  made  by.     [Stats.  I860,  p.  16.] 
This  «ct  validated  sales  made  without  first  having  obtained  letters  ol  admin- 
istratioQ. 


Acts  2810-2819  GENERAL  LAWS.  1018 

ACT  2810. 

Providing  for,  in  certain  cases.     [Stats.  1871-72,  p.  796.] 
Repealed  by   County  Government   Act,    1897,   p.   490,    §§  142-147,   prescribing 
the  duties  of  coroner. 

This  act  made  the  coroner  the  public  administrator  in  certain  cases:  See 
Political  Code,   §  4183,   as  added  in  1907. 

TITLE  398. 
PUBLIC  BUILDINGS. 
ACT  2815. 

Public  buildings  and  structures,  regulating  erection  of.     [Stats.  1871-72, 
p.  925.] 
Superseded    as    to    state    officers    and    works,    1875-76,    p.    427:    See    this    act 
post,   Act   2896. 

Citations.     Cal.  47/510;  122/297;  141/395. 

ACT  2816. 

State,  contracts  in  behalf  of,  in  relation  to  buildings.     [Stats.  1875-76, 
p.  427.] 

Amended  1891,  p.  457;   1895,  p.  237. 

See  post.  Act  2891. 

ACT  2817. 

To  provide  for  the  completion  of  unfinished  county,  city  and  county,  city, 
and   township  buildings.     [Stats.   1887,  p.   95.] 
Amended  1891,  p.  83;   1893,  p.  126;  1895,  p.  166. 

ACT  2818. 

Concerning  the  completion  of  unfinished  public  buildings  in  any  county, 
city,  city  and  county,  or  town  in  this  state,   and   permitting  altera- 
tions of  the  original  plans  or  designs  for  the  construction  thereof. 
[Stats.  1895,  p.  165.] 
Citations.      Cal.  110/222. 
See  this  act  post.  Act  2899. 

ACT  2819. 

An  act  to  provide  for  the  selection,  location,  acquisition  and  purchase  of 
a  site  or  sites,  in  the  city  and  county  of  San  Francisco,  state  of 
California,  for  the  erection,  equipment  and  furnishing  of  a  building 
or  buildings,  and  for  the  improvement  of  the  grounds  thereof,  for  the 
use  and  occupancy  of  the  officers  and  departments  of  the  state  gov- 
ernment of  the  state  of  California  maintaining  headquarters  in  said 
city  of  San  Francisco,  and  making  an  appropriation  thereof.  [Ap- 
proved June  12,  1906.     Stats.  1906',  p.  18.] 

This  act  created  a  commission  consisting  of  the  governor,  the  mayor  of  San 
Francisco  and  the  attorney  general,  and  appropriated  $500,000  for  the  pur- 
poses indicated. 


1019  PUBLIC  DEBT.  Acts  2820-2326 

ACT  2820. 

An  act  to  facilitate  the  erection  of  a  building  or  buildings  and  the  ob- 
taining of  a  site  or  sites  therefor  at  San  Francisco  for  the  use  of 
the  officers,  commissions,  boards  and  departments  of  the  state  gov- 
ernment maintaining  headquarters  in  said  city,  by  providing  against 
a  deficit  in  the  general  fund  caused  by  the  appropriation  made  for 
said  purposes  and  to  provide  for  the  transfer  of  money  to  the  general 
fund  from  the  state  school  land  fund  to  be  held  in  trust  as  an 
investment  for  the  support  of  the  common  schools  of  the  state  of 
California  and  to  provide  for  the  payment  of  interest  on  such  invest- 
ment.    [Approved  June  12,  1906.     Stats.  1906,  p.  20.] 

TITLE  399. 
PUBLIC  DEBT. 

Bonds:    See  tit.   "Bonds,"   ante. 

ACT  2823. 

Concerning  the  war  debt  of  the  state,  and  providing  for  the  redemption 

thereof.     [Stats.  1S56,  p.  206.] 
ACT  2824. 

Loan   commissioners,    granting   additional   powers   to,   adding   to    act   of 
April  2,   1870,  p.   646.     [Stats.    1873-74,  p.   235.] 
Superseded  by  1891,  p.  210:   See  ante,  Act  381. 

ACT  2825. 

An  act  to  authorize  cities  of  not  less  than  twenty-six  thousand  nor  more 
than  thirty  thousand  inhabitants,  to  vote  upon  the  question  of  pay- 
ing indebtedness  incurred  in  the  years  1889  and  1890.  [Approved 
February  20,  1891.     Stats.  1891,  p.  8.] 

Unconstitutional:    Darcy  v.   Mayor,    104   Cal.    642;    Ex  parte   Giambonini,    117 
Cal.  573;  Pasadena  v.  Stimson,  91  Cal.  238. 

ACT  2826. 

An  act  to  prohibit  the  creation  of  debts  against  the  state  in  excc?^s  of 

appropriations  made  by  law  except  in  cases  of  actual  necessity,  and 

on  consent  of  the  board   of   examiners. 

[Approved  March  23,  1893.     Stats.  1893,  p.  285.] 

§  1.  No  officer  or  employee  in  the  service  of  the  state  shall  have 
power  to  create  any  deficiency  in  excess  of  any  appropriation  of  money 
made  by  law,  except  in  case  of  actual  necessity,  and  only  then  upon  the 
written  authority,  first  obtained,  of  the  governor,  secretary  of  state,  and 
attorney  general;  and  any  indebtedness  attempted  to  be  created  against 
the  state  in  violation  of  the  provisions  of  this  act  shall  be  absolutely 
null  and  void,  and  shall  not  be  allowed  by  the  state  board  of  examiners. 

§2.     This  act  shall  take  effect  from  and  after  its  passage. 


Acts  2828-2830  GENERAL  LAWS.  1020 

TITLE  400. 
PUBLIC  HEALTH. 
ACT  2828. 

An  act  to  prevent  the  propagation  of  disease  through  contamination  of 
the  atmosphere  by  gases  and  fumes  arising  from  crematories  for  the 
disposition  of  garbage,  ashes,  offal,  and  other  refuse  matter,  and  to 
prescribe  penalties. 

[Approved  April  17,  1909.     Stats.  1909,  p.  978.] 

Operation  of  garbage  crematories. 

§  1.  No  person,  firm,  company  or  corporation  shall  operate  within 
any  city,  city  and  county  or  town  of  this  state  any  crematory  for  the 
destruction  by  fire  heat,  of  garbage,  ashes,  offal,  or  other  refuse  matter, 
except  as  hereinafter  provided  for. 

Contamination  of  atmosphere. 

§  2.  No  such  crematory  shall  be  operated  in  this  state  except  in  such 
a  manner  as  will  prevent  the  propagation  of  disease  through  contamina- 
tion of  the  atmosphere  of  any  city,  city  and  county  or  town  by  the  gases 
or  fumes  arising  from  the  fires  or  ovens  of  any  such  crematory  operated 
for  the  destruction  by  fire  heat,  of  garbage,  ashes,  oflfal,  and  other  refuse 
matter. 

Misdemeanor. 

§3.  Every  such  person,  firm,  company  or  corporation  or  officer,  agent, 
or  employee  of  such  corporation,  which  burns  by  fire  heat  or  destroys 
by  cremation  any  such  garbage,  ashes,  offal,  and  other  refuse  matter, 
in  violation  of  the  provisions  of  this  act,  shall  be  guilty  of  a  misdemeanor. 

ACT  2829. 

An  act  providing  for  the  sanitation  of  food-producing  establishments, 
places  where  food  is  stored,  prepared,  kept  or  manufactured  and  in 
which  food  is  distributed;  regulating  the  health  of  persons  by  whom 
the  materials  from  which  food  is  prepared  or  the  finished  product  is 
handled;  providing  for  the  inspection  of  such  places,  persons  and 
things;  declaring  places  and  things  in  violation  of  this  act  to  be 
nuisances,  dangerous  to  health  and  providing  for  the  abatement  of 
the  same;  making  violations  of  this  act  misdemeanors;  and  providing 
for  the  punishment  of  the  same.  [Approved  March  6,  1909.  Stats.' 
1909,  p.   151.] 

ACT  2830. 

An  act  for  the  preservation  of  the  public  health  of  the  people  of  the 
state  of  California,  and  empowering  the  state  board  of  health  to 
enforce  its  provisions,  and  providing  penalties  for  the  violation 
thereof. 

[Approved  March  23,  1907.     Stats.  1907,  p.  893.] 

Public  health  act.    How  to  be  construed. 

§1.  This  act  shall  be  known  as  the  Public  Health  Act  and  its  pro- 
visions are  to  be  liberally  construed,  with  a  view  to  effect  its  purpose 


1021  PUBLIC  HEALTH.  Act  2830,  §§  2-6 

of  preventing  by  uniform  measures,  the  spread  of  contagious,  infectious 
and  communicable  diseases  and  to  preserve  and  promote  the  health  of  the 
people  of  the  state.  Its  provisions  are  not  intended  to  repeal  or  super- 
sede any  statutes  of  the  state  now  in  force,  which  are  promotive  of  the 
general  health  and  not  in  conflict  with  or  repugnant  to  its  provisions, 
but  they  shall  be  deemed  supplemental  to  such  statutes;  and  where  the 
provisions  of  this  act  are  not  in  conflict  with  and  repugnant  to  such 
statutes,  they  shall  be  construed  consistently  therewith,  and  as  continua- 
tions thereof. 

Pollution  of  waters. 

§  2.  It  shall  be  unlawful  to  discharge  or  deposit,  or  cause  or  suffer  to 
be  discharged  or  deposited,  any  sewage,  garbage,  feculent  matter,  offal, 
refuse,  filth,  or  any  animal,  mineral,  or  vegetable  matter  or  substance, 
offensive,  injurious,  or  dangerous  to  health,  in  any  springs,  streams, 
rivers,  lakes,  wells  or  other  waters  used  or  intended  to  be  used  for  human. 
or  animal  consumption;  or  to  discharge  or  deposit,  or  cause  or  suffer  to 
be  discharged  or  deposited,  any  such  offensive,  injurious  or  dangerous 
matter  or  substance  upon  the  land  or  place  adjoining  such  waters  so  as 
to  cause  or  suffer  such  matter  or  substance  to  flow  or  be  emptied  or 
drained  into  such  waters. 

Cesspools,  sewer  pipes,  etc. 

§  3.  It  shall  be  unlawful  to  erect,  construct,  excavate,  or  maintain, 
or  cause  to  be  erected,  constructed,  excavated,  or  maintained,  any  privy, 
vault,  cesspool,  sewer-pipes  or  conduits,  or  other  pipes  or  conduits,  for 
the  discharge  of  impure  waters,  gas,  vapors,  oils,  acids,  tar,  or  other 
matter  or  substance  offensive,  injurious,  or  dangerous  to  health,  whereby 
any  part  of  such  matter  or  substance  shall  empty,  flow,  seep,  drain,  con- 
dense or  otherwise  pollute  or  affect  any  of  such  waters  so  intended  for 
human  or  animal  use  or  consumption;  or  to  erect  or  maintain  any  per- 
manent or  temporary  house,  camp,  or  tent,  so  near  to  such  springs, 
streams,  rivers,  lakes,  or  other  sources  of  water  supply,  as  to  cause  or 
suffer  the  drainage,  seepage,  or  flow  of  impure  waters,  or  any  other 
liquids,  or  the  discharge  or  deposit  therefrom,  of  any  animal,  mineral, 
or  vegetable  matter,  to  corrupt  or  pollute  such  waters. 

Pollution  of  waters  by  livestock. 

§  4.  It  shall  be  unlawful  to  cause  or  permit  any  horses,  cattle,  sheep, 
swine,  poultry  or  any  kind  of  livestock  or  domestic  animals,  to  pollute 
the  waters,  or  tributaries  of  such  waters,  used  or  intended  for  drinking 
purposes  by  any  portion  of  the  inhabitants  of  this  state. 

By  bathing. 

§5.  No  pergon  shall  bathe  or  wash  clothes  in  any  spring,  stream, 
river,  lake,  reservoir,  well  or  other  waters  which  are  used  or  intended  for 
drinking  purposes  by  the  inhabitants  of  the  vicinage  or  of  any  city,  city 
and  county,  or  town,  of  this  state. 

Ice  must  be  stored  in  clean  places. 

§  6.  Ice  offered  or  intended  for  public  use  or  consumption  shall  b» 
kept  or  stored  in  clean  places  free  from  all  filth,  offal,  refuse,  and  pol 


Act  2830,  §§  7-11  GENERAL  LAWS.  1022 

luted  waters,  and  separate  and  removed  from  contact  with  animal  or 
vegetable  matter,  and  not  in  proximity  to  any  cesspool,  privy-vault,  or 
sewer,  nor  in  places  where  such  ice  may  be  subject  to  contamination 
from,  or  the  action  of,  acids,  oils,  noxious,  offensive,  or  injurious  gases, 
smoke  or  vapors,  and  all  ice  kept  or  stored  in  violation  of  this  section 
shall  be  deemed  polluted  ice  and  not  fit  for  human  consumption;  and  it 
shall  be  unlawful  to  sell,  offer  for  sale,  or  store  for  sale  such  polluted  ice. 

Ice,  certain  not  to  be  sold, 

§7.  It  shall  be  unlawful  to  sell,  offer,  or  keep  for  sale  for  public  use 
or  consumption,  ice  which  shall  have  been  used  for  the  cooling  of  malt, 
vinous  or  spirituous  liquors,  or  for  the  refrigeration  of  butter,  milk,  meat 
or  any  animal  or  vegetable  matter  or  substances,  or  which  shall  have 
been  taken  from  any  asylum,  hospital,  sanitarium,  sick-room,  slaughter- 
house, or  any  place  where  human  or  animal  remains  have  been  kept  or 
deposited. 

Trajisportation  of  ice. 

§  8.  In  the  transportation  or  carriage  of  ice  intended  for  public  use 
or  consumption,  care  shall  be  taken  to  prevent  contact  with  filth,  offal, 
and  other  refuse,  and  contamination  from  animal  and  vegetable  matter, 
and  from  offensive  and  noxious  oils,  acids  and  other  substances  injur- 
ious,  dangerous   or   offensive   to   health. 

Ico  from  impure  waters. 

§  9.  No  person,  firm,  company,  or  corporation  shall  make  or  permit 
to  be  made,  or  offer  or  permit  to  be  offered  for  sale  for  public  use  or 
consumption,  any  ice  manufactured  from  impure  or  polluted  water,  or 
natural  ice  cut  or  taken  from  any  corrupt  or  impure  waters  or  water 
source;  nor  taken  or  manufactured  from  any  waters  or  source  of 
water  supply  after  notice  from  the  state  board  of  health,  or  its  secretary, 
that  such  waters  are  impure  or  polluted. 

Inspection  of  places  where  ice  is  stored. 

§10.  In  the  interest  of  the  public  health,  every  health  officer  or 
health  inspector,  upon  proper  demand  and  notice  of  his  authority,  shall 
be  permitted,  during  office  hours,  to  enter  and  inspect  the  works,  prem- 
ises, sources  of  supply,  and  places  of  storage  of  any  person,  firm,  com- 
pany, or  corporation,  maintaining,  selling  or  offering  for  sale,  water  or 
ice  for  human  use  or  consumption,  and  it  shall  be  unlawful  for  any  per- 
son, firm,  company,  or  corporation  to  refuse  to  permit  a  reasonable  in- 
spection or  investigation  of  such  works  and  premises  or  the  ice  and 
water  kept  or  stored  therein,  or  to  impede  or  obstruct  such  officer  dur- 
ing such  investigation. 

Duty  of  local  health  ofiicers.     Report  to  state  board  of  health. 

§11.  It  shall  be  the -duty  of  every  county,  city  and  county,  munici- 
pal, town,  or  other  health  officer  or  inspector  to  enforce  diligei)tly  within 
the  county,  city  and  county,  municipality,  town  or  district  of  which  he 
is   such  health  officer,  all  state  laws   pertaining  to   health   and   sanitary 


1023  PUBLIC  HEALTH.  Act  2830,  §  12 

matters,  and  all  orders,  rules  and  regulations  concerning  health,  quaran- 
tine, and  disinfection  prescribed  or  directed  by  the  state  board  of  health, 
and  all  local  ordinances,  resolutions,  orders,  and  regulations  concerning 
health,  of  the  board  of  supervisors,  which  shall  not  be  in  conflict  with 
the  general  laws  or  the  orders,  rules  and  regulations  of  the  state  board 
of  health. 

Said  health  officers  shall  report  to  the  state  board  of  health  all  viola- 
tions of  the  state  health  laws  and  all  violations  of  the  state  laws  relating 
to  registration  of  births,  marriages,  and  deaths,  which  shall  come  to  their 
knowledge. 

Every  county  health  officer,  and  every  city  and  county,  city,  or  town 
board  of  health,  or  chief  executive  health  officer  thereof,  shall  report 
in  writing  to  the  state  board  of  health  regularly  on  or  before  the  fifth 
day  of  each  month,  and  also  whenever  requested  by  the  state  board  of 
health,  or  its  secretary,  all  infectious,  contagious  and  communicable  dis-  • 
eases  in  man  or  beast  which  shall  come  to  his  knowledge,  upon  blanks 
furnished  by  the  state  board  of  health;  and  he  shall,  in  cases  of  local 
•  epidemic  of  disease,  report  at  such  times  as  shall  be  requested  by  the 
state  board  of  health,  or  its  secretary,  all  facts  concerning  the  disease, 
and  the  measures  taken  to  abate  and  prevent  its  spread. 

^  It  shall  also  be  the  duty  of  every  such  county  health  officer,  and  every 
city,  city  and  county,  and  town  board  of  health  or  chief  executive  health 
officer  thereof,  in  cases  of  epidemic,  whenever  quarantine  is  established, 
promptly  to  transmit  to  the  secretary  of  the  state  board  of  health  a  true 
copy  of  all  quarantine  rules,  orders  and  regulations  adopted  by  the  local 
health  board  or  health  officer,  and  of  all  subsequent  changes  or  modifica- 
tions in  the  matter  of  such  quarantine  and  in  such  local  rules,  orders, 
and  regulations;  and  every  such  board  of  health  or  chief  executive  health 
officer  thereof,  shall  promptly  report,  in  writing,  to  the  secretary  of  the 
state  board  of  health  any  changes  that  may  occur  in  their  offices,  and 
the  names  and  residences  of  all  newly  appointed  or  elected  officers. 

Quarantine,  state  board  of  health  may  order. 

§  12.  Whenever  in  the  judgment  of  the  state  board  of  health,  or  when 
said  board  is  not  in  session,  whenever  in  the  judgment  of  the  secretary 
of  said  board,  such  action  shall  be  deemed  necessary  to  protect  or  pre- 
serve the  public  health,  every  county  health  officer,  and  every  city  and 
county,  city  or  town  board  of  health,  or  chief  executive  health  officer 
thereof,  shall,  when  so  directed  by  said  state  board  of  health  or  its  sec- 
retary, quarantine  and  disinfect,  as  required  by  the  general  and  special 
instructions  of  said  state  board  or  secretary  within  the  jurisdiction  of 
such  local  board  of  health  or  health  officer,  persons,  animals  and  things  of 
whatever  nature,  and  houses,  rooms,  and  places,  and  destroy,  or  cause 
to  be  destroyed,  bedding,  carpets,  household"goods,  furnishings  and  mater- 
ials, clothing  or  animals,  when  such  property  is,  by  said  state  board  of 
health  or  its  secretary,  deemed  an  imminent  menace  to  the  public  health, 
and  when  ordinary  means  of  disinfection  are  deemed  unsafe,  and  the 
board  of  supervisors,  council  or  other  governing  body,  where  such  de- 
struction of  property  occurs,  shall  have  power  to  make  adequate  provi- 


Act  2830,  §  13  GENERAL  LAWS.  1024 

sion  and  compensation  in  proper  cases  for  those  injured  by  such  neces- 
sary destruction. 

Quarantine  rules. 

§  13.  The  following  rules  and  requirements  shall  be  strictly  observed 
in  all  cases  of  quarantine,  subject,  however,  to  such  changes  and  modifica- 
tions as  the  state  board  of  health,  or  its  secretary  may  otherwise  require 
and  direct. 

Eule  1.  Every  county,  eity  and  county,  city,  or  town  board  of  health, 
or  chief  executive  health  officer  thereof,  upon  receiving  information  of 
the  existence  of  such  diseases  within  its  or  his  jurisdiction,  must  imme- 
diately quarantine  each  and  every  case  of  Asiatic  cholera,  yellow  fever, 
typhus  fever,  plague,  smallpox,  scarlet  fever,  diphtheria,  membranous 
croup,  measles,  leprosy,  and  every  case  of  anthrax  and  glanders  affect- 
ing human  beings,  and  such  other  contagious  or  infectious  diseases  which 
may  from  time  to  time  be  declared  quarantinable,  and  in  addition  to  their 
local  rules  and  regulations  shall  follow  all  general  and  special  rules, 
regulations,   and   orders   of   the   state   board   of   health,   or   its   secretary. 

Said  health  boards  or  officers  must,  within  twenty-four  hours  after 
quarantine,  report  fully,  in  writing,  to  the  secretary  of  the  state  board  of 
health,  all  of  such  cases  quarantined;  provided,  however,  that  said  health 
officers  shall  immediately  report  by  telegraph  to  said  secretary  of  the 
state  board  of  health  every  case  discovered  or  known  of  plague,  Asiatic 
cholera,  yellow  fever  or  typhus  fever,  and  after  investigation  and  within 
twenty-four  hours  shall  report  the  cause,  source  and  extent  of  contagion 
and  infection,  and  all  acts  done  and  measures  adopted  in  each  case,  and 
shall  make  such  further  reports  as  the  secretary  of  the  state  board  of 
health  may  require. 

Eule  2.  In  addition  to  the  list  of  quarantinable  diseases  given  in 
rule  1  of  this  section  the  following  is  a  partial  list  of  contagious,  in- 
fectious and  communicable  diseases,  all  of  which,  thoup;h  not  required 
to  be  quarantined  by  the  state  board  of  health,  must  be  properly  re- 
ported in  writing  to  the  state  board  of  health,  or  its  secretary,  by  the 
said  local  health  boards  or  chief  executive  health  officers,  viz.:  Manila, 
Cuban,  Philippine,  adobe,  or  kangaroo  itch;  chicken-pox,  erysipelas, 
pneumonia,  uncinariasis  or  hookworm,  cerebro-spinal  meningitis,  tra- 
choma, whooping-cough,  mumps,  dengue,  dysentery,  tuberculosis  of  the 
respiratory  tract,  typhoid  fever,  tetanus,  and  any  disease  which  appears 
to  have  become  epidemic.  This  list  can  be  changed  at  any  time  by  the 
state  board  of  health  or  its  secretary. 

Eule  3.  When  any  building,  house,  structure,  or  part  thereof,  or  tent 
or  other  place,  is  quarantined  because  of  a  contagious,  infectious  or 
communicable  disease,  said  local  health  boards  or  chief  executive  health 
officer  shall  cause  to  be  firmly  fastened,  in  the  most  conspicuous  place 
upon  such  house,  building,  tent,  or  other  place,  a  placard  or  flag,  upon 
which  is  printed  the  name  of  the  disease,  in  plain  and  legible  letters 
of  at  least  two  and  one-half  inches  in  length.  This  placard  or  flag 
must  not  be   removed  by  any  person   except   the   health   officer  or  his 


1025  PUBLIC  HEALTH.  Act  2830,  §  13 

deputy,  and  in  no  case  until  the  premises  have  been  thoroughly  dis- 
infected. 

Rule  4.  When  persons  quarantined  in  a  house,  building,  structure, 
tent,  or  other  place  have  recovered  from  the  disease  for  which  the 
quarantine  is  established,  or  when  the  quarantine  is  for  exposure  to  a 
contagious,  infectious  or  communicable  disease,  and  the  period  of  incu- 
bation designated  has  elapsed,  the  quarantine  shall  ii  t  be  raised  by 
order  of  the  local  board  of  health  or  local  health  officer  until  every 
exposed  room,  together  with  all  bedding,  clothing,  and  all  other  personal 
property  contained  therein,  has  been  thoroughly  disinfected,  or  if  neces- 
sary, such  personal  property  may  be  destroyed,  by  or  under  the  direc- 
tion of  the  health  officer  or  his  deputy;  and  until  all  persons  quarantined 
shall  have  taken  a  thorough  antiseptic  bath  and  put  on  clothing  free 
from  contagion. 

Rule  5.  Whenever  quarantine  is  established  by  any  local  board  of- 
health  or  health  officer  to  prevent  the  spread  of  any  contagious,  infec- 
tious, or  communicable  disease,  it  shall  be  the  duty  of  all  persons  to 
obey  the  rules,  orders  and  regulations  of  such  health  board  or  health 
officer. 

Rule  6.  No  milkman  shall  take  away  any  milk  bottles  or  other 
receptacles  for  milk  from  any  building,  house,  structure,  tent,  or  other 
place,  in  which  a  contagious,  infectious  or  communicable  disease  exists 
or  has  existed,  nor  from  any  place  within  any  quarantined  district,  nor 
at  any  time  after  such  quarantine  has  been  removed,  unless  with  the 
written  permission  of  the  local  health  officer,  and  after  such  milk  bot- 
tles or  receptacles  have  been  disinfected  and  cleaned  to  the  satisfaction 
of  such  officer. 

Whenever  there  exists  in  the  house  of  any  milkman,  milk  dealer  or 
milk  distributor,  any  case  of  cholera,  typhus  fever,  plague,  scarlet  fever, 
diphtheria,  membranous  croup,  leprosy,  anthrax,  glanders,  cerebro-spinal 
meningitis,  whooping-cough,  typhoid  fever,  dysentery,  trachoma  or 
tetanus,  then  it  shall  be  unlawful  for  such  milkman,  milk  dealer,  or 
milk  distributor,  to  continue  the  sale  or  distribution  of  milk  until  the 
local  board  of  health  or  chief  executive  health  officer  has  appointed  at 
the  expense  of  the  county  where  such  milkman,  dealer  or  distributor 
lives,  a  person  to  superintend  his  cows,  dairy  or  other  place  where  such 
milk  is  sold,  or  from  which  it  is  delivered  or  distributed,  and  all  cows, 
bottles,  vessels  and  milk  utensils.  Such  person  so  appointed  by  the  local 
board  of  health,  or  chief  executive  officer,  shall  strictly  require  that 
all  persons  attending  to  the  cows,  dairy,  sheds,  milk  cans,  bottles,  ves- 
sels and  milk  utensils  shall  not  have  access  to  the  infected  house,  nor 
any  communication  with  the  persons  who  reside  in  such  infected  house, 
except  with  the  permission  and  under  the  inspection  of  the  local  health 
officer. 

Rule   8.     Every   person   subject   to   quarantine,   residing  or  being  in   a 

quarantined  building,   house,  structure  or  tent,  shall  not  go  beyond   the 

lot  upon   which   such  building,   house,   structure   or  tent   is   situated,   nor 

put   himself  in   immediate   communication  with   any  person   not   subject 

Gen.  Laws — 65 


Act  2830,  §5  14-18  GENERAL  LAWS.  1026 

to  quarantine,  other  than  the  health  officer  and  physician.  The  local 
board  of  health  or  local  chief  executive  health  officer  maintaining  a 
quarantine  shall  appoint,  or  cause  to  be  appointed  a  suitable  person  to 
perform  necessary  outside  services  for  the  necessary  wants  of  the  per- 
sons quarantined.  Such  person  so  appointed  shall  never  enter  the  build- 
ing, house,  structure,  or  tent  nor  come  in  personal  contact  with  any  of 
the  persons  quarantined,  but  shall  receive  orders  and  deliver  answers 
verbally  at  a  distance,  and  shall  leave  at  the  entrance  of  the  building, 
house,  structure  or  tent,  or  at  such  other  place  as  may  be  designated  by 
the  health  officer  or  deputy,  all  articles  which  he  may  have  brought,  and 
he  shall  strictly  observe  the  orders  of  the  local  health  officer. 

Places  of  quarantine. 

§  14.  Every  county,  city  and  county,  city,  and  town  board  of  health, 
or  chief  executive  health  officer  thereof,  whenever  required  by  the 
state  board  of  health,  or  its  secretary,  shall  establish  and  maintain 
places  of  quarantine  or  isolation,  which  shall  be  subject  to  the  special 
directions  of  said  state  board,  or  its  secretary. 

Quarantine  against  other  towns  or  counties. 

§  15.  No  quarantine  shall  be  established  by  one  county,  or  city,  city 
and  county,  or  town,  against  another  city,  city  and  county,  county,  or 
town,  without  the  written  consent  of  the  state  board  of  health,  or  its 
secretary. 

Persons  ill  of  contagious  diseases,  report  of  fact. 

§  16.  All  physicians,  nurses,  clergymen,  attendants,  owners,  propri- 
etors, managers,  employees,  and  persons  living  in  or  visiting  any  sick 
person  in  any  hotel,  lodging-house,  house,  building,  office,  structure,  or 
other  place  where  any  person  shall  be  ill  of  any  infectious,  contagious, 
or  communicable  disease,  shall  promptly  report  such  fact  to  the  county, 
city  and  county,  city,  or  other  local  health  board  or  health  officer, 
together  with  the  name  of  the  person,  if  known,  and  place  where  such 
person  is  confined,  and  nature  of  the  disease,  if  known. 

Protection  to  schools. 

§  17.  No  instructor,  teacher,  pupil,  or  child  aif ected  with  any  con- 
tagious, infectious,  or  communicable  disease  which  is  or  might  be  the 
subject  of  quarantine,  or  has  been  declared  reportable,  or  who  resides 
in  any  house,  building,  structure,  tent,  or  other  place  where  such  disease 
exists  or  has  recently  existed,  shall  be  permitted,  by  any  superintendent, 
principal  or  teacher  of  any  college,  seminary,  public  or  private  school, 
to  attend  such  college,  seminary,  or  school,  except  by  the  written  per- 
mission of  the  local  health  officer. 

Embalming. 

§  18.  No  embalming  fluid  or  methods  of  embalming  not  approved  by 
the  state  board  of  health  shall  be  employed  by  any  person  in  the  case 
of  death  from  contagious,  infecHous  or  communicable  diseases,  or  in 
cases  where  the  remains  are   to  be  transported  ©r  carried  upon  trains 


1027  PUBLIC  HEALTH.  Act  2830,  §§  19.  20 

or  vessels  or  other  public  conveyances  for  interment  or  cremation 
within  this  gtate   or  for  transportation  without   the  state. 

Same. 

§  19.  No  person  shall  embalm  a  body  of  any  person  who  has  died 
from  an  unknown  cause,  except  with  the  written  permission  of  the 
local  health  officer. 

Rules  for  transportation  of  dead. 

§20.  The  following  rules  and  requirements  in  cases  of  the  trans- 
portation of  the  dead  shall  be  strictly  observed,  subject,  however,  to 
such  changes  and  modifications  as  the  state  board  of  health  or  its  secre- 
tary may  otherwise  require  and  direct: 

Eule  1.  The  transportation  within  the  boundaries  of  the  state  of 
California,  from  any  other  state,  territory,  district,  or  islands  of  the- 
United  States,  or  from  any  foreign  country,  of  remains  or  bodies  dead 
from  plague,  Asiatic  cholera,  yellow  fever,  typhus  fever,  anthrax,  or 
glanders,  or  the  transportation  of  the  same  from  this  state  to  any  part 
of  the  United  States,  or  any  foreign  country,  is   absolutely  prohibited. 

No  remains  or  bodies  of  those  dead  from  any  of  said  diseases  shall  be 
transported  within  this  state  to  any  place  beyond  a  distance  of  twenty- 
five  miles  except  by  permission  and  under  the  direction  of  the  state 
board  of  health  or  its  secretary,  and  subject  also  to  the  conditions  pro- 
vided in  rules  2,  5  and  6  of  this  section  hereinafter  set  forth. 

Eule  2.  The  bodies  of  persons  dead  of  Asiatic  cholera,  yellow  fever, 
diphtheria,  membranous  croup,  scarlet  fever  (scarlatina,  scarlet-rash), 
erysipelas,  glanders,  anthrax,  or  leprosy,  shall  not  be  accepted  for 
transportation  unless  prepared  for  shipment  by  (a)  arterial  and  cavity 
injection  with  a  disinfecting  fluid  approved  by  the  state  board  of  health; 

(b)  disinfection  and  stopping  of  all  orifices  with  absorbent  cotton,     and 

(c)  washing  the  body  with  a  disinfectant;  (d)  such  body  shall  be  envel- 
oped in  a  layer  of  dry  cotton  not  less  than  one  inch  thick,  completely 
wrapped  in  a  sheet  securely  fastened,  and  encased  in  an  air-tight  zinc, 
tin,  copper,  or  lead-lined  coffin  or  iron  casket,  all  joints  and  seams 
hermetically  sealed,  and  all  inclosed  in  a  strong,  tight,  wooden  box; 
provided,  that  instead  of  such  zinc,  tin,  copper  or  lead-lined  coffin  or 
iron  casket,  the  body  having  been  prepared  for  shipment  by  disinfecting 
and  wrapping  as  above,  may  be  placed  in  a  strong  coffin  or  casket,  or 
tin-lined  box,  all  joints  and  seams  hermetically  soldered. 

In  the  shipment  of  bodies  dead  from  any  disease  named  in  this  rule, 
such  body  must  not  be  accompanied  by  persons  or  articles  which  have 
been  exposed  to  the  infection  of  the  disease,  unless  certified  by  the 
health  officer  to  have  been  properly  disinfected. 

Euie  3.  The  bodies  of  those  dead  from  typhoid  fever,  puerperal  fever, 
tuberculosis,  measles,  or  other  contagious  or  infectious  diseases  not 
enumerated  under  rules  1  and  2  of  this  section,  may  be  received  for 
transportation  when  prepared  for  shipment  by  arterial  and  cavity  injec- 
tion with  an  approved  disinfecting  fluid,  washing  the  exterior  of  the 
body   with   the  same,   and   enveloping   the   entire   body   with  a  layer   of 


Act  2830,  §  20  GENERAL  LAWS.  1028 

cotton  not  less  than  one  inch  thick,  and  wrapped  in  a  sheet  securely 
fastened,  and  encased  in  an  air-tight  metallic  coffin  or  casket  or  an  air- 
tight metallic  box;  provided,  that  this  shall  apply  only  to  bodies  which 
can  reach  their  destinations  within  thirty  hours  from  the  time  of  death. 

Rule  4.  The  bodies  of  those  dead  from  any  cause  not  stated  in  rules 
1,  2  and  3  of  this  section,  may  be  received  for  transportation  when 
encased  in  a  sound  coffin  or  casket  and  inclosed  in  a  strong  outside 
wooden  box;  provided,  they  can  reach  their  destination  within  thirty 
hours  from  the  time  of  death.  If  the  body  cannot  reach  its  destination 
within  thirty  hours  from  the  time  of  death,  it  must  be  prepared  for 
shipment  by  arterial  and  cavity  injection  with  an  approved  disinf r-eting 
fluid,  washing  the  exterior  of  the  body  with  the  same,  and  enveloping 
the  entire  body  with  a  layer  of  dry  cotton  not  less  than  one  inch  thick, 
and  wrapped  in  a  sheet  securely  fastened,  and  encased  in  an  air-tight 
metallic  coffin  or  casket  or  an  air-tight  metal-lined  box. 

Eule  5.  Every  dead  body  must  be  accompanied  by  a  transit  permit 
showing  physician's  or  coroner's  certificate,  and  as  far  as  obtainable, 
showing  name  of  deceased,  age,  date,  place  and  cause  of  death,  and  all 
other  matters  required  by  an  act  of  the  legislature  of  the  state  of  Cali- 
fornia approved  March  18,  1905,  and  entitled  "An  act  for  the  registra- 
tion of  deaths,  the  issuance  and  registration  of  burial  and  disinterment 
permits,  and  the  establishment  of  registration  districts  in  counties,  cities 
and  counties,  cities  and  incorporated  towns,  under  the  superintendence 
of  the  state  bureau  of  vital  statistics  and  prescribing  the  powers  and 
duties  of  registrars,  coroners,  physicians,  undertakers,  sextons,  and  other 
persons  in  relation  to  such  registration,  and  fixing  penalties  for  the 
violation  of  this  act." 

Said  transit  permit  shall  indicate  the  place  to  which  the  body  is  to 
be  transported  and  the  name  of  the  consignee  or  person  to  whom  it  is 
to  be  delivered,  and  shall  include  the  registrar's  or  health  officer's  permit 
showing  whether  death  resulted  from  a  communicable  or  noncommuni- 
cable  disease,  and  also  the  undertaker's  certificate,  showing  the  manner 
in  which  the  body  had  been  prepared  for  shipment. 

The  transit  permit  must  be  made  in  triplicate,  and  the  signatures  of 
physician  or  coroner,  health  officer,  registrar,  and  undertaker  must  be 
upon  the  original  and  the  duplicate  and  triplicate  copies. 

The  physician's  certificate  and  transit  permit  shall  be  delivered  to  the 
passenger  or  agent,  if  any,  in  charge  of  the  body.  The  whole  duplicate 
copy  shall  be  sent  to  the  officer  in  charge  of  the  baggage  department 
of  the  initial  line  and  by  him  to  be  forwarded  to  the  state  board  of 
health  or  other  proper  health  authority  of  the  state  or  territory,  foreign 
country  or  place  of  destination,  and  the  triplicate  copy  shall  be  trans- 
mitted to  the  secretary  of  the  state  board  of  health  of  California,  at 
Sacramento. 

Rule  6.  When  bodies  are  shipped  by  express,  as  described  in  rule  5 
of  this  section,  a  transit  permit  must  be  made  out  in  triplicate.  The 
undertaker's  certificate  and  paster  of  the  original  shall  be  detached  from 
the  transit  permit  and  securely  fastened  in  a  conspicuous  place  on  the 


1029  PUBLIC  HEALTH.  Act  2830,  §§  21,  22 

cofTin  box.  The  physician's  certificate  and  transit  permit  shall  be 
attached  to  and  accompany  the  express  waybill  covering  the  remains, 
and  be  delivered  with  the  body  at  the  point  of  destination  to  the  person 
to  whom  it  is  consigned.  The  whole  duplicate  copy  shall  be  sent  by 
the  forwarding  e.xpress  agent  to  the  state  board  of  health  of  the  state 
from  which  said  shipment  was  made,  and  the  triplicate  to  the  secretary 
of  the  state  board  of  health  of  California,  at  Sacramento. 

Eule  7.  Disinterred  bodies  or  remains  of  persons  who  have  died  from 
any  disease  or  cause  shall  be  treated  as  infectious  or  dangerous  to  the 
public  health,  and  shall  not  be  accepted  for  transportation  in  or  re- 
moved from  this  state  unless  said  removal  has  been  approved  by  the 
state  board  of  health  or  its  secretary.  If  the  disinterment  be  in  this 
state  the  consent  of  the  health  board  or  chief  executive  health  officer 
of  the  locality  where  the  body  is  to  be  reinterred  shall  be  first  obtained. 
No  dead  body  shall  be  brought  into  this  state  without  the  approval  of  ' 
the  health  authorities  of  the  state,  territory.  District  of  Columbia  or 
foreign  country  from  which  such  body  shall  be  removed  and  no  such 
body  shall  be  received,  transported,  or  buried  in  this  state  unless  satis- 
factory evidence  of  compliance  with  the  rules  of  the  state  board  of 
health  respecting  the  same  shall  be  submitted  to  the  secretary  of  the 
state  board  of  health  and  his  written  consent  obtained  to  such  tTans- 
portation,  receipt  or  burial;  and  no  disinterred  body  shall  be  shipped 
or  transported  from  one  place  to  another  in  this  state  without  the  writ- 
ten permission  of  the  secretary  of  the  state  board  of  health  and  full 
compliance  with  the  rules  of  this  board  respecting  disinterment  of  bodies. 
And  all  such  disinterred  remains  or  the  coffin  or  casket  containing  the 
same,  must  be  wrapped  in  a  woolen  blanket  thoroughly  saturated  with 
a  1-1000  solution  of  corrosive  sublimate  and  inclosed  in  a  hermetically 
soldered  zinc,  tin  or  copper-lined  box.  Bodies  deposited  in  or  taken 
from  vaults  shall  be  treated  and  considered  the  same  as  buried  bodies. 

The  permission  of  the  state  board  of  health,  or  its  secretary,  shall  not 
be  required  in  cases  of  disinterment  nor  shall  this  rule  be  applicable 
where  the  remains  are  to  be  reinterred  within  the  same  city  or  town, 
or  where  such  remains  are  to  be  reinterred  in  an  adjoining  county,  city 
and  county,  city  or  town  where  the  distance  between  the  place  of  dis- 
interment and  the  place  where  the  remains  are  to  be  reinterred  does  not 
exceed  thirty  miles;  provided,  however,  that  the  consent  of  the  local 
health  authorities  shall  be  first  obtained  and  all  local  health  regulations 
strictly  observed. 

Violation  of  act  a  misdemeanor. 

§  21.  Any  person  violating  any  of  the  provisions  of  this  act,  whether 
acting  for  himself,  or  as  the  agent  or  servant  of  another  person,  or  of 
a  firm,  company  or  corporation,  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  shall  be  punished  as  provided  in  section  19  of  the  Penal 
Code  of  the  State  of  California. 

§  22.     This  act  shall  take  efi:ect  from  its  passage. 


Acts  2831-2835  GENERAL  LAWS.  1030 

ACT  2831. 

To  create  the  office  of  attorney  for  the  state  board   of  health   and  the 

board  of  health  of  the  city  and  county  of  San  Francisco.     [Approv*.d 

March  31,  1891.     Stats.  1S91,  p.  209!] 

Citations.      Cal.  116/109. 

ACT  2832. 

To   protect  public  health   from  infection   caused  by  exhumation  and  re 
moval  of  the  remains  of  deceased  persons.     [Stats.  1877-78,  p.  1050.] 

Amended   1889,  p.   139. 

See   ante,    Act    545. 

ACT  2833. 

To  prevent  the  introduction,  and  provide  for  the  investigation  and  sup- 
pression,   of    contagious    or    infectious    diseases,    and    appropriating 
money  to  be  used  for  such  purpose.     [Stats.  1901,  p.  10.] 
Repealed  1903,  p.  414. 

ACT  2834. 

To  protect  the  public  health,  to  prevent  the  introduction  and  spreading 
of  disease,  and  to  provide  for  the  protection  of  the  health  of  crim- 
inals under  sentence  or  conviction  of  a  misdemeanor.  [Stats.  1883, 
p.  280.] 

Partly    codified    by  §  1615,   Penal   Code,    1905:    See    "History"    to    §  1615,  Penal 
Code. 

This   act  authorized  the   cutting  of   the  hair  of  persons  convicted  of  a  misde- 
meanor. 

ACT  2835. 

An  act  to  prevent  the  introduction  of  contagious  or  infectious  diseases 
into  the  state  of  California. 
[Approved  March  15,  1883.     Stats.  1883,  p.  376.] 
See  Political  Code,    §  2979a. 

Railroad  cars  to  be  inspected. 

§  1.  Whenever  there  shall  exist,  in  the  opinion  of  the  state  board  of 
health,  imminent  danger  of  the  introduction  of  contagious  or  infectious 
diseases  into  the  state  of  California,  by  means  of  railroad  communication 
with  other  states,  the  said  state  board  of  health  are  authorized,  and  it 
is  hereby  made  their  duty,  to  make  or  cause  to  be  made,  by  any  accred- 
ited agent  or  inspector,  an  inspection  of  all  railroad  cars,  coming  into 
the  state  at  such  point,  or  between  such  points  within  the  state  lioiits 
as  may  be  selected  for  the  purpose. 

Detention  of  train  a  minimum. 

§2.  Such  inspection  shall  be  made,  where  practicable,  during  the 
ordinary  detention  of  a  train  at  a  station,  or  while  in  transit  between 
stations,  and  in  all  cases  shall  be  so  conducted  as  to  occasion  the  least 


1031  PUBLIC  HEALTH.  Acts  2836-28D8 

possible    detention    or    interruption    of    travel    or    inconvenience    to    the 
railroad  companies,  so  far  as  consistent  with  the  purposes  of  this  act. 

Infected  cars  to  be  sidetracked. 

§  3.  Should  the  discovery  be  made  of  the  existence  among  the  pas- 
gengers  of  any  case  or  cases  of  dangerous,  contagious,  or  infectious  dis- 
ease, the  said  board  of  health,  or  their  agent,  or  inspector,  under  rules 
and  conditions  proscribed  by  them  as  being  applicable  to  the  nature  of 
the  disease,  shall  have  power  to  cause  the  sidetracking  or  detention  of 
any  car  or  cars  so  infected,  to  isolate  the  sick  or  remove  them  to  a 
suitable  place  for  treatment,  to  establish  a  suitable  refuge  station,  to 
cause  the  passengers  and  materials  in  such  infected  car  to  be  subjected 
to  disinfection  and  cleansing  before  proceeding  further  into  the  state, 
and,  in  the  case  of  smallpox,  to  offer  free  vaccination  to  all  persons- 
exposed  in  any  car  or  at  any  station. 

Appropriation. 

§4.  The  sum  of  five  hundred  dollars  is  hereby  appropriated  out  of 
any  moneys  in  the  treasury  not  otherwise  appropriated,  to  be  expended 
solely  for  the  purposes  of  this  act,  and  all  expenditures  herein  author- 
ized shall  be  specified  in  an  itemized  account  to  be  presented  to  the 
state  board  of  examiners,  and  paid  as  other  demands  on  the  treasury 
are  paid;  provided,  that  in  no  case  shall  the  sum  expended  exceed  that 
herein  specially  appropriated  for  the  purpose. 

§  5.     This  act  shall  take  effect  from  and  after  its  passage. 

ACT  2836. 

An   act   to   prevent   the   introduction,   and   provide   for  the   investifjation 

and   suppression   of   contagious   or  infectious   diseases,   nnd    api>rnpri- 

ating   money   to   be   used   for   such   purpose.     [Approved   March   20, 

1903.     Stats.  1903,  p.  255.] 

This  act  appropriated  $100,000  for  the  purpose  indicated. 

ACT  2837. 

To  authorize  the  state  board  of  health  to  purchase  and  mannfncture 
diphtheria  antitoxin,  and  to  appropriate  six  thousand  dollars  there- 
for.    [Approved  March  12,  1895.     Stats.   1895,  p.  45.] 

ACT  2838. 

An  act  entitled  An  act  to  grant  to  boards  of  health  in  cities,  and  cities 

and   counties,  the  power  to  regulate   the  plumbing  and   drainage  of 

buildings. 

[Approved  March  15,   1883.     Stats.  1883,  p.  3G6.] 

Plumbers  required  to  register. 

§1.  Every  master  or  Journeyman  plumber  carrying  on  his  trade  shall, 
under  such  rules  and  regulations  as  the  board  of  health  of  such  county! 
or  city   and   county,   shall  prescribe,  register  his   name   and   address   at 


Act  2839  GENERAL  LAWS.  1032 

the  health  ofRce  of  such  county,  or  city  and  county;  and  after  the  said 
date  it  shall  not  be  lawful  for  any  person  to  carry  on  the  trade  of 
plumbing  in  any  county,  or  city  and  county,  unless  his  name  and  address 
be  registered  as  above  provided. 

Publication. 

§  2.  A  list  of  the  registered  plumbers  shall  be  published  in  the  yearly 
report  of  the  health  office. 

Board  of  health  to  approve  plans. 

§  3.  The  drainage  and  plumbing  of  all  buildings,  both  public  and 
private,  hereafter  erected  in  any  county,  or  city  and  county,  shall  be 
executed  in  accordance  with  plans  previously  approved,  in  writing,  by 
the  board  of  health  of  said  county,  or  city  and  county;  suitable  draw- 
ings and  description  of  the  said  drainage  and  plumbing  shall,  in  each 
case,  be  submitted  and  placed  on  file  in  the  health  office.  The  said 
board  of  health  are  also  authorized  to  receive  and  place  on  file  drawings 
and  descriptions  of  the  drainage  and  plumbing  of  buildings  erected  prior 
to  the  passage  of  this  act. 

Supervisors  to  apportion  tax. 

§4.  The  boards  of  supervisors,  or  other  city  or  county  officials,  whose 
duty  it  is  to  make  apportionments  for  the  board  of  health  of  such 
county,  or  city  and  county,  shall  make  the  necessary  apportionments,  and 
shall  insert  the  same  in  the  yearly  tax  levy,  to  provide  for  carrying  out 
the  provisions  of  this  act. 

Court  of  record  may  enjoin. 

§  5.  Any  court  of  record  in  said  county,  or  city  and  county,  or  any 
judge  or  justice  thereof,  shall  have  power  at  any  time  after  the  service 
of  notice  of  the  violation  of  any  of  the  provisions  of  this  act,  and  upon 
the  affidavit  of  the  health  officer  or  a  member  of  the  board  of  health  of 
such  county,  or  city  and  county,  to  restrain  by  injunction  order  the 
further  violation  named  in  this  act,  or  of  any  w^ork  upon  or  about  the 
building  or  premises  upon  which  the  said  violation  exists,  and  no  under- 
taking shall  be  required  as  a  condition  to  the  granting  or  issuing  of 
such  injunction  or  by  reason  thereof. 

§  6.  Any  person  violating  any  of  the  provisions  of  this  act  shall  be 
deemed  guilty  of  a  misdemeanor. 

§  7.     This  act  shall  take  effect  immediately. 

ACT  2839. 

An  act  to  grant  to  boards  of  health  or  health  officers,  in  cities,  and 
cities  and  counties,  the  power  to  regulate  the  plumbing  and  drain- 
age of  buildings,  and  to  provide  for  the  registration  of  plumbers. 

[Approved   March  3,   1885.     Stats.   1885,  p.   12.] 
Amended  1887,  p.  58. 


1033  PUBLIC  HEALTH.  Act  2839,  §§  1-5 

License  from  board  of  health. 

§  1.  It  shall  not  be  lawful  for  any  person  to  carry  on  business,  or 
labor  as  a  master  or  journeyman  plumber,  in  any  incorporrited  city,  or 
in  any  city  and  county,  in  this  state  until  he  shall  have  obtained  from  the 
board  of  health  of  said  city  or  city  and  county  a  license  authorizing  him 
to  carry  on  business,  or  labor  as  such  mechanic.  A  license  so  to  do  shall 
be  issued  only  after  a  satisfactory  examination  by  the  board  of  each 
applicant  upon  his  qualifications  to  conduct  such  business  or  to  so  labor. 
All  applications  for  license,  and  all  licenses  issued,  shall  state  the  name 
in  full,  age,  nativity,  and  place  of  residence  of  the  applicaut  or  person 
so  licensed.  It  shall  be  the  duty  of  the  secretary  of  each  board  of 
health  to  keep  a  record  of  all  such  licenses  issued,  together  with  an 
alphabetical  index  to  the  same.  [Amendment  approved  March  9,  1887. 
Stats.   1887,  p.  58.     In  effect  immediately.] 

Publish  list  in  yearly  report. 

§2.  A  list  of  all  licensed  plumbers  shall  be  published  in  the  yearly 
report  of  the  health  officer  or  board  of  licalth.  [Amendment  approved 
March  9,  1887.     Stats.  1887,  p.  58.     In  effect  immediately.] 

Plans  of  plumbing. 

§  3.  The  drainage  and  plumbing  of  all  buildings,  both  public  and 
private,  hereafter  erected  in  any  city,  or  city  and  county,  shall  be  exe- 
cuted in  accordance  with  plans  previously  approved  in  writing  by  the 
board  of  health  of  said  city,  or  city  and  county;  and  suitable  drawings 
and  description  of  the  said  drainage  and  plumbing  shall,  in  each  case, 
be  submitted  to  the  board  of  health,  and  placed  on  file  in  the  health 
office.  The  said  board  of  health  is  also  authorized  to  receive  and 
place  on  file  drawings  and  descriptions  of  the  drainage  and  plumbing  of 
buildings  erected  prior  to  the  passage  of  thiis  act. 

Tax  levy. 

§4.  The  board  of  supervisors,  or  other  city,  or  city  and  county, 
officials  whose  duty  it  is  to  make  appropriations  and  tax  levies  for  gen- 
eral purposes  of  such  city,  or  city  and  county,  shall  make  the  necessary 
appropriation  and  tax  levies,  and  shall  insert  the  same  in  the  yearly 
tax  levy,  to  provide  for  carrying  out  the  provisions  of  this  act.  Such 
appropriations  and  levy  shall  be  made  at  the  same  time  and  in  the 
same  manner  as  appropriations  and  tax  levies  are  made  for  other  city, 
or  city  and  county,  purposes. 

Where  no  board  of  health. 

§  5.  In  any  city,  or  city  and  county,  where  there  is  under  existing 
laws,  a  health  officer,  but  no  board  of  health,  such  health  officer  shall 
perform  all  the  duties  required  by  this  act  of  the  board  of  health  until 
a  board  of  health  shall  be  created,  and  in  any  city,  or  city  and  county, 
where  there  is  no  health  officer  nor  board  of  health,  the  board  of  super- 
visors or  city  council,  or  other  municipal  legislative  board  or  body,  shall 
create  a  board  of  health,  who  shall  perform  all  the  duties,  required  b} 
this  act  of  the  board  of  health  or  health  officer. 


Act  2840  GENERAL  LAWS.  1034 

Injunction. 

§  6.  Any  superior  court,  or  judge  tliereof ,  shall  have  power  to  restrain 
by  injunction  the  continuance  of  work  to  be  done  upon  or  about  build- 
ings or  premises  where  the  provisions  of  this  act  have  not  been  complied 
with,  and  no  undertaking  shall  be  required  as  a  condition  to  the  grant- 
ing or  issuing  of  such  injunction,  or  by  reason  thereof. 

Penalty. 

§  7.  Any  person  violating  any  of  the  provisions  of  this  act  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  punished 
accordingly. 

§  8.     This  act  shall  take  effect  immediately. 

ACT  2840. 

An  act  to  encourage  and  provide  for  a  general  vaccination  in  the  state 
of   California. 
[Approved  February  20,  1889.     Stats.  1889,  p.  32.] 
Citations.      Cal.  84/226,   228,   229;    143/661. 

Exclusion  of  children  from  schools  unless  vaccinated. 

§  1.  The  trustees  of  the  several  common-school  districts  in  this  state, 
and  boards  of  common-school  government  in  the  several  cities  and  towns, 
are  directed  to  exclude  from  the  benefits  of  the  common  schools  therein 
any  child  or  any  person  who  has  not  been  vaccinated,  until  such  time 
when  said  child  or  person  shall  be  successfully  vaccinated;  provided, 
that  any  practicing  and  licensed  physician  may  certify  that  the  child 
or  person  has  used  due  diligence  and  cannot  be  vaccinated  so  as  to  pro- 
duce a  successful  vaccination,  whereupon  such  child  or  person  shall  be 
excepted  from  the  operation  of  this  act. 

Notice  by  school  trustees. 

§  2.  The  trustees  or  local  boards,  annually,  or  at  such  special  times 
to  be  stated  by  the  state  board  of  health,  must  give  at  least  ten  days' 
notice,  by  posting  a  notice  in  two  or  more  public  or  conspicuous  places 
within  their  jurisdiction,  that  provision  has  been  made  for  the  vaccina- 
tion of  any  child  of  suitable  age  who  may  desire  to  attend  the  common 
schools,  and  whose  parents  or  guardians  are  pecuniarily  or  otherwise 
unable  to  procure  vaccination  for  such  child. 

List  of  children  not  vaccinated. 

§  3.  The  said  trustees  or  board  must  within  sixty  days  after  the 
passage  of  this  act,  and  every  year  thereafter,  ascertain  the  number  of 
children  or  persons  in  their  respective  school  districts  or  subdivision  of 
the  city  school  government  being  of  an  age  suitable  to  attend  common 
schools,  who  have  not  been  already  vaccinated,  and  make  a  list  of  the 
names  of  all  such  children  or  persons.  It  also  shall  be  [the]  duty  of 
said  trustees  or  board  to  provide,  for  the  vaccination  of  all  such  children 


1035  PUBLIC  HEALTH.  Acts  2841-2843 

or  persons  in  their  respective  school  districts,  a  good  and  reliable  vac- 
cine virus  wherewith  to  vaccinate  such  children  or  persons  w.ho  have 
not  been  vaccinated.  And  when  so  vaccinated,  to  give  a  certificate  of 
vaccination,  which  certificate  shall  be  evidence  thereof  for  the  purpose 
of  complying  with  section  1. 

Expenses  for,  how  paid. 

§  4.  The  necessary  expenses  incurred  by  the  provisions  of  this  act 
shall  be  paid  out  of  the  common  school  moneys  apportioned  to  the 
district,  city,  or  town.  .  And  if  there  be  not  sufficient  money,  the  trus- 
tees must  notify  the  board  of  supervisors  of  the  amount  of  money 
necessary,  and  the  board  must,  at  the  time  of  levying  the  county  tax, 
levy  a  tax  upon  the  taxable  property  in  the  district  sufficient  to  raise 
the  amount  needed.  The  rate  of  taxation  is  ascertained  by  deducting 
fifteen  per  cent  for  delinquencies  from  the  assessment,  and  the  rate" 
must  be  based  upon  the  remainder.  The  tax  so  levied  must  be  com- 
puted and  entered  upon  the  assessment  roll  by  the  county  auditor,  and 
collected  at  the  same  time  and  in  the  same  manner  as  state  and  county 
taxes,  and  when  collected  shall  be  paid  into  the  county  treasury  for 
the  use  of  the  district. 

Annual  report  of  trustees. 

§  5.  The  trustees  of  the  several  school  districts  of  thjs  state  are 
hereby  required  to  include  in  their  annual  report,  and  report  to  the 
secretary  of  the  state  board  of  health,  the  number  in  their  several  dis- 
tricts between  the  ages  of  five  and  seventeen  years  who  are  vaccinated, 
and  the  number  unvaccinated. 

§  6.     This  act  shall  take  effect  immediately. 

ACT  2841. 

To  provide  for  the  proper  sanitary  conditions  of  factories  and  work- 
shops, and  the  preservation  of  the  health  of  employees.  [Stats. 
1889,  p.  3.] 

Amended   1901,   p.   571;    1909.  p.   43. 
Unconstitutional:   Schaezlein  v.  Cabaniss,  135  Cal.  466.  , 

ACT  2842. 

An  act  providing  for  the  dissemination  of  knowledge  among  the  people 
of  California  as  to  the  best  means  of  preventing  the  spread  of  tuber- 
culosis, and  making  an  appropriation  therefor.  [Approved  March 
21,  1907.     Stats.  1907,  p.  846.] 

ACT  2843. 

An  act  to  provide  for  the  medical  treatment  of  indigent  residents  afflicted 
with  incipient  pulmonary  tuberculosis;  and  to  prescribe  the  duties 
of  the  state  board  of  health  and  other  public  officials  with  relation 
thereto.     [Approved  April  14,  1909.     Stats.  1909,  p.  899.] 


Acts  2844,  2845  GENERAL  LAWS.  1036 

ACT  2844. 

An  act  providing  for  the  dissemination  of  knowledge  among  the  people 
of  California  as  to  the  best  means  of  preventing  the  spread  of  tuber- 
culosis,   and    making    an    appropriation    therefor.     Approved    March 
15,  1909.     Stats.  1909,  p.  368.] 
A  similar  act  was  passed  in  1907:  See  Stats.  1907,  p.  864. 

TITLE  401. 
PUBLIC  INSTITUTIONS. 
ACT  2845. 

An  act  providing  for  the  exchange  of  commodities  between  the  public 
institutions  owned  or  managed  and  controlled  by  the  state,  or  the 
political  divisions  thereof. 

[Approved  March  18,  1905.     Stats.  1905,  p.  185.] 

§  1.  It  shall  be  the  duty  of  the  state  board  of  examiners,  within 
six  months  after  the  passage  of  this  act,  to  arrange,  so  far  as  may  be 
practical,  for  an  exchange  of  surplus  products,  either  manufactured  or 
natural,  between  the  several  public  institutions  owned  or  managed  and 
controlled  by  the  stat^  or  the  political  divisions  thereof. 

§2.  It  shall  be  the  duty  of  the  state  board  of  examiners  to  so  dis- 
tribute and  arrange,  with  the  assistance  of  the  boards  of  managers, 
directors  or  trustees  of  the  several  institutions  referred  to  in  section  1 
of  this  act,  the  labor  and  industry  of  their  inmates  that  it  will  prove 
conducive  to  their  mutual  assistance,  with  a  view  of  advancing  the 
economic  management  of  all  the  institutions  owned  or  managed  and 
controlled  by  the  state,  or  the  political  divisions  thereof;  and  all  such 
surplus  products  shall  not  be  sold  or  disposed  of  to  any  individual,  cor- 
poration or  association  not  connected  with  the  state,  or  any  political 
division  thereof,  so  long  as  there  shall  be  any  demand  for  any  such 
products  by  any  public  institutions  owned  or  managed  and  controlled 
by  the  state,  or  the  political  divisions  thereof. 

§  3.  In  estimating  the  value  of  such  articles  for  the  purpose  of  such 
exchange  or  sale  between  public  institutions,  the  cost  of  producing  or 
raising  such  products,  with  ten  per  cent  added,  shall  be  the  sale  price 
thereof. 

§4.  Each  institution  shall  notify  the  state  board  of  examiners  what 
surplus  products  they  have  to  dispose  of,  as  set  forth  in  this  act,  and 
the  state  board  of  examiners  shall  notify  all  the  other  institutions  owned 
or  managed  and  controlled  by  the  state,  or  the  political  divisions  thereof, 
that  such  articles  can  be  procured  and  where,  and  thereupon  the  pro- 
visions of  section  2  of  this  act  shall  become  effective,  and  the  state 
board  of  examiners  shall  allow  no  claims  for  the  purchase  of  any  prod- 
ucts  from   any   individual,    corporation    or    associatioa   so   long   as    the 


1037  PUBLIC  LANDS.  Acts  2846-2852 

same   might   have  been   procured   from   a  state   institution   after   it   had 
been  duly  notified  of  that  fact. 

§5.     All  acts  and  parts  of  acts  inconsistent  with  this  act  are  hereby 
repealed. 

TITLE  402. 

PUBLIC  LANDS. 
ACT  2846. 

Authorizing  the  governor  to  reconvey  part  of  the  lands  to  the  United 
States,  conveyed  to  the  state  and  listed  under  the  agricultural  col- 
lege grant  of  150,000  acres.     [Stats.  1883,  p.  287.] 

ACT  2847. 

Prescribing  the   mode   of  maintaining  and   defending  possessory   actions 

on  lands  belonging  to  the  United  States.     [Stats.  1850,  p.  203.] 

Repealed  by  act  of  1852,  p.  158. 

ACT  2848. 

Prescribing  the   mode   of  maintaining  and   defending  possessory  actions 
on   public   lands.     [Stats.   1852,   p.   158.] 
Amended  1859,  p.   94;   1861,  p.   143. 

Citations.      Cal.  42/151,   406;    44/200;    103/422;    139/377. 
Not  repealed:  See  Gray  v.  Dixon,  74  Cal.  508. 

ACT  2849. 

For  the  protection  of  actual  settlers  and  to  quiet  title  to  lands.     [Stats. 
1856,  p.  54.] 
"In   many   respects   unconstitutional    (Billings   v.    Hall,    7   Cal.    7;    Lathrop    v. 
Mills,  19  Cal.  513;  Pioche  v.  Paul,  22  Cal.  105);   and  the  parts  not  unconstitu- 
tional are  probably  superseded  by  the  codes." — Code  Commissioners'  Note. 

ACT  2850. 

For  the  better  protection  of  settlers  on  public  lands.     [Stats.   1858,  p. 
345.] 
This    act   provided   for    the    redress    of    parties   ousted    under    »    foreign    grant 
which  was  afterward  rejected  or  did  not  include  the  land. 

ACT  2851. 

Public  lands,  protection  of  settlers  on.     [Stats.   1873-74,  p.  327.] 
Amended  1881,  p.  72. 
Citations.      Cal.  134/47. 
See  Political  Code,   §§  3441,  3443. 

ACT  2852. 

For   the   better  protection   of   settlers   on   the   public   lands   of   the   United 

States  and  for  the  protection  and  encouragement  of  persons  desirous 

of  settling  thereon.     [Stats.  1887,  p.  147.] 

Codified  by  §  420  of  Penal  Code,  1905. 


Acts  2853-2859  GENERAL  LAWS.  1038 

ACT  2853. 

Pre-emption   and   homestead   claimants,    protection    of.     [Stats,    1873-74, 

p.  543.] 
ACT  2854. 

Public   lands,   bona   fide   settlers   on,   protection    of,     [Stats.    1873-74,   p, 
543.] 
This    act    protected    the    rights    of    settlers    on    lands    within    the    survey    of    a 
Mexican  grant  and  which  had  been  restored  to  the  public  domain. 

ACT  2855. 

To  provide  for  the  management  and  sale  of  lands  belonging  to  the  state. 
[Stats.  1867-68,  p.  507.] 

Amended  1869-70,  pp.  14,  814,  875.      Supplemented  1869-70,  p.  878. 

Amended  1871-72,  pp.   883,   668,   685,   858. 

Citations.  Cal.  45/357,  692;  46/189,  390;  47/182,  227,  240;  48/28;  51> 
475,  537;  52/181;  56/223;  57/585,  586;  61/207;  63/308;  65/636;  68/542 
74/111;  83/105;  84/615;  91/33;  115/333,  335;  117/457;  121/523;  130/609, 
615;  140/279;  141/446;  144/211,  212,  213,  643,  644,  646;  149/798,  799, 
800;  151/258. 

AMDT.  1869-70. 

Citations.  Cal.  47/240,  413;  51/537;  52/106;  58/261;  63/308;  64/209; 
68/543;    134/48. 

This  act  repealed  all  prior  acts:  Kings  Co.  v.  Tulare  Co.,  119  Cal.  509,  512, 
As  to  the  effect  of  the  Political  Code  upon  it,  see  Reclamation  District  No.  3  v. 
Goldman,   61   Cal.  205. 

ACT  2856. 

Eeservation  from  sale   of  certain  land.     [Stats.   187.5-76,  p.   R7?)."I 

This  act  reserved  the  north  half  of  section  16,  in  township  7  south,  and 
range   3   east,   Mt.   Diablo   meridian. 

ACT  2857. 

Kegulating  the  sale  of  lands  uncovered  by  the  recession  or  drainage  of 
the  waters  of  inland  lakes.     [Stats.  1893,  p.  341.] 

Amended  1899,  p.   182. 

Citations.      Cal.  121/505;    136/492,  494,   497;    143/327,   328,   330,   332. 

Codified   by    §§  3493m-3493t   of   Political   Code. 

ACT  2858. 

Salt  marsh  and  tide  lands,  survey  and  disposition  of.     [Stats.   1873-74, 
p.  858.] 
Supplementing   and    amending    act    of    April    1,    1870,    Stats.    1869-70,    p.    541, 
repealed  by  code  amendments  1875—76,  p.  15, 

Itself   supplemented  and   amended   the   act  of   1867-68,  p.   692, 

ACT  2859. 

Sale  of  Bwamp  lands,  distribution  of  funds  derived  from.     [Stats.  1873- 
74,  p.  770.] 
Citations.     Cal.  119/513. 


1039  PUBLIC  LANDS.  Acts  2860-2867 

ACT  2860. 

To   provide   for  applications  for  the  purchase   of  sixteenth   and    thirty- 
sixth  sections,  to  regulate  the  application  for  the  purcliasc  of  such 
sections,  and  requiring  a  deposit  to  accompany  all  applications  for 
the  purchase  of  the  same.     [Stats.  1889,  p.  434.] 
Citations.      Cal.  139/626. 
See  this  act  post,  Act  3827. 

ACT  2861. 

Providing   for    examination   into   the    sale   and    disposal   of   state   lands. 
[Stats.   1875-76,  p.   798.] 
This  act  created  a  commission  to  hold  office   one   year  for  the  above  purpose 

ACT  2862. 

Making  certificates  of  purchase  or  of  location  evidence  of  title.     [Stats. 
1859,  p.   227.] 
Supplemented  1859,  p.  332.      Amended  1867-68,  p.  529. 
Citations.      Cal.  42/297;    51/45;    71/24. 

In  True  v.  Thompson,  42  Cal.  293,  it  was  held  that  this  act  was  superseded 
and  repealed  by  the  act  of  1863,  p.  591,  in  so  far  as  it  made  a  certificate  of 
location  prima  facie  evidence  of  title.  The  act  of  1863  was  in  turn  repealed 
by  the  act  of  1867-68,  p.   530. 

ACT  2363. 

Legalizing    applications    to    purchase    state    lands.     [Stats.    1869-70,    p. 
352.] 
Citations.      Cal.  45/450;    47/240;    56/223,    558;    58/541;    83/105;    117/464. 
This    statute    validated    sales    under   the    act   of    March    28,    1868,    where    the 
affidavits   were   defective. 
See  Act  3833,  post. 

ACT  2864. 

Legalizing   purchase    of   lands    belonging    to    state.     [Stats.    1871-72     p. 

622.] 
ACT  2865. 

School  lands,  act  to  legalize  payments  for.     [Stats.  1871-72,  p.  137.] 

ACT  2866. 

Respecting  payment  in  full  by  holders  of  certificates  of  purchase  of 
lands  gold  prior  to  March  27,  1872,  and  for  which  the  said  state 
has  at  any  time  heretofore  issued  certificates  of  purchase  to  subse- 
quent purchasers.     [Stats.  1889,  p.  428.] 

ACT  2867. 

For  the  relief  of  purchasers  of  state  lands.     [Stats.  1871-72,  p.  587.] 

Amended  1877-78,  p.  914. 

Citations.  Cal.  46/26;  52/376;  55/122;  56/224,  225,  226,  228;  62/259; 
63/30;  68/543;  73/363;  74/112,  398;  83/106;  85/534,  535;  99/308;  107/ 
547,  548. 


Acts  2868-2874  GENERAL  LAWS.  1040 

ACT  2868. 

To   provide   for    the   presentation    and    cancellation    of   unlocated    school 

land  warrants.     [Stats.  1893,  p.  181.1 
ACT  2869. 

Authorizing  the  governor   and  surveyor-general  to   sell   and   convey   cer- 
tain lands.     [Stats.  1891,  p.  251.] 
Citations.     CaL  114/112. 

This  act  authorized  the   sale  of  certain  lands  to   the   claimants  and   occupants 
thereof. 

ACT  2870. 

Justice,   John   D.,   to   cure   defects  in   application   of,   to   purchase   lands. 
[Stats.   1877-78,   p.   535.] 

ACT  2871. 

To  authorize  certain  persons  to  remove  improvements  placed  upon  pub- 
lic  lands   after   said   lands   have   become    private    property.     [Stats. 
1867-68,  p.  708.] 
Declared  unconstitutional:   Collins  v.  Bartlett,   44  Cal.  372. 

ACT  2872. 

To   enable  purchasers  of  state  lands  to   redeem  them  where  their  titles 
have  been  or  may  hereafter  be  foreclosed  for  nonpayment  of  inter- 
est.    [Stats.  1881,  p.  65.] 
Citations.      Cal.  115/333;  144/425. 

ACT  2873. 

An  act  granting  rights  of  way  for  lines,  roads,  structures,  levees,  canals 

and    excavations    to    the    United    States,    over    the    public    lands    of 

this  state. 

[Approved  March  21,  1907.     Stats.  1907,  p.  848.] 

§  1.  A  right  of  way  is  hereby  granted  over  the  public  lands  of  this 
state,  and  over  any  public  land  which  may  hereafter  become  the  prop- 
erty of  this  state,  to  the  United  States,  for  all  telegraph,  telephone, 
power  or  light  lines,  roads,  railroads,  tramways,  dikes,  levees,  dams, 
mounds,  embankments,  tunnels,  ditches  or  canals,  or  other  works,  struc- 
tures or  excavations  requiring  rights  of  way  built,  erected,  excavated  or 
constructed  under  the  provisions  of  the  act  of  Congress,  approved  June 
17,  1902,  relating  to  irrigation  and  reclamation. 

§2.  All  patents  or  conveyances  of  such  lands  which  may  hereafter 
be  located  or  filed  on  shall  be  issued  subject  to  the  rights  of  way  herein 
provided  for. 

ACT  2874. 

An  act  validating  the  title  to  lands  selected  by  the  state  in  lieu  of  sur- 
veyed school  sections  situated  witliin  the  exterior  boundaries  of 
national   reservations   created   by   proclamation   of  the   President   of 


3  0-11  PUBLIC  LANDS.  Acts  2875, 2876 

tlie  United   States  and  vesting  the  title   of  the   state  to   such  sur- 
veyed  school   sections   in   the   United   States. 

[Approved  April  24,  1909.     Stats.  1909,  p.  1091.] 

§  1.  The  selection  of  all  lands  heretofore  made  by  the  surveyor  gen- 
eral from  the  government  of  the  United  Sfates  in  lieu  of  surveyed  school 
sections  situated  witliin  the  exterior  boundaries  of  national  reservations 
created  by  proclamation  of  the  president  of  the  United  States  and 
which  have  been  listed  to  the  state  of  California  and  also  all  such  selec- 
tions which  are  now  pending  before  the  land  department  of  the  United 
States,  when  listed  to  the  state,  are  hereby  declared  to  be  good  and 
valid  and  to  vest  the  title  of  the  United  States  and  the  state  when  said 
state  shall  have  issued  its  patent  therefor,  to  such  lands  in  the  appli- 
cant, his  successors  or  assigns,  for  whom  such  selection  was  made,  and 
the  title  of  the  state  of  California  in  and  to  such  surveyed  school  sec- 
tions so  used  as  bases  for  such  indemnity  selections  shall  vest  in  the 
United  States  at  the  date  of  such  listing  to  the  state  and  the  title  of 
the  said  state  shall  be  deemed  to  be  released  and  quitclaimed  to  the 
said  United  States  at  the  time  of  such  listing  to  the  state  as  aforesaid. 

§2.     This  act  shall  take  effect  from  and  after  its  passage. 

ACT  2875. 

An  act  to  authorize  the  settlement  of  an  existing  controversy  between 

the  United  States  of  America  and  state  of  California,  and   making 

an  appropriation  to  carry  out  the  provisions  of  said  act.     [Approved 

March  21,  1907.     Stats.  1907,  p.  840.] 

This  act  was  passed  to  settle  a  claim  by  the  United  States  that  40,000  acres 
of  the  public  domain  in  excess  of  the  just  amount  had  been  listed  to  the  state. 

ACT  2876. 

An  act  to  authorize  the  state  of  California  to  release  and  convey  to  the 
United  States  such  portions  of  the  sixteenth  and  thirty-sixth  sec- 
tions of  land  contained  in  the  Cleveland  national  forest,  formerly 
San  .Tacinto  forest  reserve  (and  referred  to  in  that  certain  act 
entitled  "An  act  to  authorize  the  settlement  of  an  existing  contro- 
versy between  the  United  States  of  America  and  the  state  of  Cali- 
fornia, and  making  an  appropriation  to  carry  out  the  provisions  of 
said  act,"  approved  March  21,  1907)  as  may  remain  after  the 
settlement  referred  to  in  said  act  has  been  consummated,  for  the 
purpose  of  reimbursing  the  United  States  for  lands  surrendered  to 
it  by  the  state  and  which  said  lands  so  surrendered  were  thereafter 
sold  and  patented  by  said  state.  [Approved  March  20,  1909.  Stats. 
1909,  p.  578.] 

Gen.  Laws — 66 


Acts2876a-2881  GENERAL  LAWS.  1042 

TITLE  403. 
PUBLIC  MUSEUMS. 
ACT  2876a. 

An  aet  to  provide  for  the  establishment  and  maintenance  of  public 
museums  of  natural  and  historical  objects  within  mnnifipalities  of 
the  fourth,  fifth,  and  sixth  class.  [Approved  March  20,  1909.  Stats. 
1909,  p.  547.] 

TITLE  404. 
PUBLIC  PARKS. 
ACT  2877. 

To  authorize  the  common  councils  and  boards  of  supervisors  of  the  sev- 
eral cities,  counties,  and  cities  and  counties  in  this  state  to  levy 
taxes  for  the  maintenance  of  public  parks  having  an  area  of  over 
ten  acres  each  within  their  respective  limits.  [Approved  March  8, 
1887.     Stats.  1887,  p.  52.] 

ACT  2878. 

To   enable   incorporated  "cities  and  counties"  and  "cities"  and  "towns," 

to    acquire,    maintain    and    improve    public    parks    and     boulevards. 

[Approved  March  19,  1889.     Stats.  1889,  p.  361.] 

Citations.      Cal.  132/374,  375;   151/574;   153/292,  293,  295. 

"See  Oakland  v.  Thompson,  34  Cal.  Dec.  91." — Code  Commissioners'  Note. 

ACT  2879. 

To  provide  for  the  maintenance  and  support   of  the  public  parks  here- 
tofore created  within  the  various   cities  and   cities   and  counties  of 
the  state,  and  to  amend  the  existing  acts  in  relation  thereto.     [Ap- 
proved March  14,  1889.     Stats.  1889,  p.  143.] 
Amended  1893,  pp.  79,  343. 

ACT  2880. 

Authorizing  the  commissioners  of  any  public  park  in  this  state,  and 
especially  the  park  commissioners  of  Golden  Gark  Park,  in  San 
Francisco,  to  accept  donations  and  bequests  in  aid  of  the  improve- 
ment and  embellishment  of  their  respective  parks,  and  to  invest 
the  funds  derived  therefrom.  [Approved  March  9,  1885.  Stats. 
1885,  p.  38.] 

ACT  2881. 

To  authorize  cities  and  towns  owning  public  parks  outside  of  their 
limits,  to  lay  out,  construct,  and  maintain  roads,  streets,  and  boule- 
vards from  the  boundaries  of  such  cities  or  towns  to,  into,  and 
through  such  parks,  and  to  acquire  lands  for  that  purpose.  [Be- 
came a  law,  under  constitutional  provision,  without  governor's  ap- 
proval, March  1,  1897.     Stats.  1897,  p.  45.] 


1043  PUBLIC  WORKS.  Acts  2882-2890 

ACT  2882. 

To  extend  the  jurisdiction  and  authority  of  cities  and  towns  over  parkn 
owned  by  them  situated  beyond  the  limits  of  such  cities  and  towns, 
and  over  streets  and  avenues  leading  to  the  same.  [Became  a 
law,  under  constitutional  provision,  without  the  governor's  approval, 
March  1,  1897.     Stats.  1897,  p.  47.] 

ACT  2883. 

Giving  the  consent  of  the  state  of  California  to  the  reservation  of  cer- 
tain lands  by   Congress.     [Approved  March   14,   1891,     Stats.   1891, 
p.  107.] 
This  act  granted  the  consent  of  the  state  to  forest  reservations. 

ACT  2884. 

An  act  to  provide  for  the  acquisition  by  municipalities  of  land  for  pub-- 
lic  park  or  public  playground  purposes  by  condemnation,  and  for 
the  establishment  of  assessment  districts  and  the  assessment  of 
property  therein  to  pay  the  expense  of  acquiring  such  land.  [Ap- 
proved April  22,  1909.     Stats.  1909,  p.  106G.] 

ACT  2885. 

An  act  to  authorize  the  governor  to  accept  on  behalf  of  the  state  the 

grant  of  certain  lands  in  Butte  county.     [Approved  March  22,  1909. 

Stats.  1909,.  p.  666.] 

This  act  authorized  the   state  to   accept  a  grant  of  lands  in  Butte   County  by 
Annie  E.  K.  Bidwell  for  a  park. 

TITLE  405. 
PUBLIC  WORKS. 

Hours  of  labor  on:   See   tit.   "Hours  of  Labor,"  ante.  ' 

ACT  2888. 

Creating  a  commissioner  of  public  works,  defining  his  duties  and  pow- 
ers, prescribing  his  compensation  and  making  an  appropriation. 
[Stats.  1893,  p.  345.] 

Amended  1897,  p.  26.     Repealed  1899,  p.  157;  1900,  p.  20. 
Citations.     Cal.  125/414. 

ACT  2889. 

Creating  a  commissioner  of  public  works,  defining  his  duties  and  powers 
and   fixii 'X   his    compensation.     [Stats.   1899,   p.   157.] 
Superseded  by  1000,  p.  20. 

ACT  2890. 

An   act   creating   a    commissioner    of    public   works,    defining   his    duties 

and   powers,   and   fixing   his   compensation.     [Approved   February   9, 

1900.     Stats.  1900,  p.  20.] 

Sepealed  1907,  pp.  215,  223. 


Acts2891-2893a  GENERAL  LAWS.  1014 

ACT  2891. 

An  act  providing  for  the  appointment  of  an  auditing  board  to  the  com- 
missioner of  public  works,  authorizing  and  directing  liim  and  them 
to  perform  certain  duties  relating  to  drainage,  to  purchase  machin- 
ery, tools,  dredges,  and  appliances  therefor,  to  improve  and  rectify 
water    channels,    to    erect    works    necessary    and    incident    to    said 
drainage,    to    condemn    land    and    property    for    the    purposes    afore- 
said,  making   certain   acts   a   felony,   and   making   an   appropriation 
of  money  for  the  purposes  of  this  act.     [Approved  March  17,  1897. 
Stats.  1897,  p.  171.] 
Amended  1900,  p.  21;   1901,  p.  91. 
Repealed  1907,  pp.  215,   224. 
Citations.      Cal.  125/415. 

ACT  2892. 

An  act  authorizing  the  commissioner  of  public  works  to  obtain  a  riglit 
of  way  for  a  canal  to  divert  the  waters  of  Mormon  channel  into  the 
Calaveras  Eiver,  to  maintain  condemnation  suits  therefor,  and  mak- 
ing an  appropriation  to  pay  for  said  right  of  way  and  the  costs 
and  expenses  of  obtaining  the  same.  [Approved  March  25,  1903. 
Stats.  1903,  p.  476.] 
See  Act  2393a. 

ACT  2893. 

To  provide  for,  insure,  and  maintain  preference  in  the  appointment, 
employment,  and  retention  in  the  public  service,  and  upon  public 
works  of  the  state  of  California,  of  honorably  discharged  ex-Union 
soldiers,  sailors,  and  marines  of  the  war  of  the  rebellion.  [Approved 
March  31,  1891.     Stats.  1891,  p.  289.] 

ACT  2893a. 

An  act  to  furnish,  grant,  convey  and  relinquish  to  the  United  States  of 
America  the  right  of  way  in  San  Joaquin  county  now  (or  hereafter) 
obtained  by  the  commissioner  of  public  works  under  an  act  of  the 
legislature,  approved  March  25,  1903,  entitled  "An  act  authorizing 
the  commissioner  of  public  works  to  obtain  a  right  of  way  for  a 
canal  to  divert  the  waters  of  Mormon  channel  into  the  Calaveras 
Eiver,  to  maintain  condemnation  suits  therefor,  and  making  an 
appropriation  to  pay  for  said  right  of  way,  and  the  costs  and  ex- 
penses of  obtaining  the  same,"  and  under  the  laws  of  the  state  of 
California  relating  to  such  matters,  for  the  purpose  of  the  con- 
struction and  completion  of  such  right  of  way  by  the  United  States 
of  America  of  a  diverting  canal  east  of  the  city  of  Stockton  from 
the  Mormon  channel  to  the  Calaveras  Eiver  and  along  the  channel 
of  the  Calaveras  Eiver  to  the  San  Joaquin  Eiver,  pursuant  to  an 
act  of  Congress  of  June  13,  1902,  and  to  subsequent  acts  of  Con- 
gress relating  thereto,  and  to  authorize  the  commissioner  of  public 
works  and  the  governor  of  the  state  to  execute  conveyances  thereof, 
and  to   authorize  and  direct  the  secretary  of  state  to   countexsigu 


1045  rUCLIC  WORKS,  Acts  2894,  2895 

and   make   delivery  of  the   same   to   the   United  States   of   America. 
[Approved  June  9,  1906.     Stats.  1906,  p.  13.] 

ACT  2894. 

An   act   fixing  the   minimum   rate   of   compensation   for  labor   on   public 
work. 
[Approved  March   9,   1897.     Stats.   1897,  p.   90.] 
Citations.      Cal.  119/578;  127/102;  136/532. 

§  1.  The  minimum  compensation  to  be  paid  for  labor  upon  all  work 
performed  under  the  direction,  control,  or  by  the  authority  of  any  officer 
of  this  state  acting  in  his  official  capacity,  or  under  the  direction,  con- 
trol, or  by  the  authority  of  any  municipal  corporation  within  this  state, 
or  of  any  officer  thereof  acting  as  such,  is  hereby  fixed  at  two  (2)  dol- 
lars per  day;  and  a  stipulation  to  that  effect  must  be  made  a  part  of_ 
all  contracts  to  which  the  state,  or  any  municipal  corporation  therein,,' 
is  a  party;  provided,  however,  that  this  act  shall  not  apply  to  persons 
employed  regularly  in  any  of  the  public  institutions  of  the  state,  or  any 
city,  city  and  county,  or  county. 

§2.     This  act  shall  take  effect  immediately. 

ACT  2895. 

A.n  act  to  secure  the  payment  of  the  claims  of  materialmen,  mechanics, 

or  laborers,  employed  by  contractors  upon  state,  municipal,  or  other 

public  work. 

[Approved  March  27,  1897.     Stats.   1897,  p.   201.] 

Citations.      Cal.  129/394;   133/23,  24;   135/637. 

§1.  Every  contractor,  person,  company,  or  corporation,  to  whom  is 
awarded  a  contract  for  the  execution  or  performance  of  any  building, 
excavating,  or  other  mechanical  work,  for  this  state,  or  by  any  county, 
«ity  and  county,  city,  town,  or  district  therein,  shall,  before  entering 
upon  the  performance  of  such  work,  file  with  the  commissioners,  man- 
agers, trustees,  officers,  board  of  supervisors,  board  of  trustees,  common 
council,  or  other  body  by*  whom  such  contract  was  awarded,  a  good 
and  sufficient  bond,  to  be  approved  by  such  contracting  body,  officers, 
or  board,  in  a  sum  not  less  than  one-half  of  the  total  amount  payable 
by  the  terms  of  the  contract;  such  bond  shall  be  executed  by  the"  con- 
tractor, and  at  least  two  sureties,  in  an  amount  not  less  than  the  sum 
specified  in  the  bond,  and  must  provide  that  if  the  contract,  person, 
company,  or  corporation,  fails  to  pay  for  any  materials  or  supplies  fur- 
nished for  the  performance  of  the  work  contracted  to  be  done,  or  for 
any  work  or  labor  done  thereon  of  any  kind,  that  the  sureties  will  pay 
the  same,  in  an  amount  not  exceeding  the  sum  specified  in  the  bond; 
provided,  that  such  claims  shall  be  filed  as  hereafter  required. 

§2.  Any  materialman,'  person,  company,  or  corporation,  furnishing 
materials  or  supplies,  used  in  the  performance  of  the  work  contracted  to 
be  executed  or  performed,  or  any  person  who  performed  work  or  labor 


Act  2896  GENERAL  LAWS,  1046 

upon  the  same  or  any  person  who  supplies  both  work  and  materials,  and 
whose  claim  has  not  been  paid  by  the  contractor,  company,  or  corpora- 
tion, to  whom  the  contract  has  been  awarded,  shall,  within  thirty  days 
from  the  time  such  work  is  completed,  file  with  the  commissioners,  man- 
agers, trustees,  officers,  board  of  supervisors,  board  of  trustees,  common 
council,  or  other  body  by  whom  such  contract  was  awarded,  a  verified 
statement  of  such  claims,  together  with  a  statement  that  the  same  has 
not  been  paid.  At  any  time  within  ninety  days  after  the  filing  of  such 
claim,  the  person,  company,  or  corporation  filing  the  same  may  com- 
mence an  action  against  the  sureties  on  the  bond,  specified  and  required 
by  section  1  hereof. 

§  3.     This  act  shall  take  effect  immediately. 

ACT  2896. 

An  act  to  regulate  the  erection  of  public  buildings  and  structures. 
[Approved  April  1,  1872.     Stats,   1871-72,  p,  925.] 
Citations.      Cal.  47/510;    122/297;    141/395. 

Plans  and  specifications.    Advertisement. 

§  1.  When  by  any  statute  of  this  state  power  is  given  to  any  state 
or  county  officer  or  officers,  or  to  any  board  of  supervisors  or  corpora- 
tion, or  any  board  of  trustees  or  commissioners,  or  other  person  or 
persons  created  or  appointed  by  authority  of  any  such  statute,  to  erect, 
or  cause  to  be  erected  or  constructed,  any  state  or  county  or  other  build- 
ing or  structure,  it  shall  be  the  duty  of  said  officer  or  officers,  board  of 
supervisors,  corporation,  or  board  of  trustees,  or  commissioners,  or  other 
person  or  persons,  to  advertise  for  plans  and  specifications  in  detail  for 
said  building  or  other  structure,  and  to  state  in  said  advertisement  the 
amount  authorized  by  law  or  otherwise  to  be  expended  for  the  erection 
of  said  building  or  structure;  and  also  the  premium  to  be  awarded  to 
the  architect  whose  plans  and  specifications  for  the  same  may  be  adopted. 

Architect's  bond  for  contract. 

§  2.  Whenever  the  plans  and  specifications  of  any  architect  shall  be 
adopted,  such  officer  or  officers,  board  of  supervisors,  or  corporation,  or 
board  of  trustees  or  commissioners,  or  other  person  or  persons  so  adopting 
the  same,  shall,  before  any  premium  shall  be  awarded  for  such  plans 
and  specifications,  require  such  architect  to  execute  and  file  with  such 
officer  or  officers,  board  of  supervisors,  corporation,  or  board  of  trustees 
or  commissioners,  or  other  person  or  persons,  a  good  and  sufficient  bond, 
with  two  sufficient  sureties  thereto,  in  the  penal  sura  of  five  thousand 
dollars,  to  be  approved  by  such  officer  or  officers,  board  of  supervisors, 
corporation,  or  board  of  trustees,  or  commissioners,  or  other  person  or 
persons,  as  the  case  may  be,  and  conditioned  that  within  sixty  days 
from  the  date  of  said  bond  he  will,  on  presentment  to  him,  enter  into 
a  contract  containing  such  provisions  and  conditions  as  may  be  re- 
quired by  such  officer  or  officers,  board  of  supervisors,  corporation,  or 
board  of  trustees,  or  commissioners,  or  other  person  or  persons;  and  also 


1047  PUBLIC  WORKS.  Acts  2897,  2898 

conditioned  that  he  will  give  such  further  bond  to  secure  the  faithful 
performance  of  such  contract,  with  such  sureties  as  may  be  required  of 
him,  in  the  event  that  such  officer  or  officers,  board  of  supervisors,  cor- 
poration, or  board  of  trustees  or  commissioners,  or  other  person  or  per- 
sons, so  acting  under  authority  of  law,  should,  within  said  sixty  days, 
require  said  architect  to  enter  into  such  contract  to  erect  such  building 
or  structure,  at  the  price  named  in  said  advertisement  to  be  expended 
for  such  purpose.  In  case  said  architect  whose  plans  and  specifications 
are  adopted  should  enter  into  such  contract,  it  shall  be  the  duty  of  such 
officer  or  officers,  board  of  supervisors,  corporation,  or  board  of  trustees 
or  commissioners,  or  other  person  or  persons,  to  employ  a  competent 
architect  or  superintendent  to  superintend  the  erection  of  such  building 
or  structure,  and  to  see  that  such  plans  and  specifications  are  faithfully 
carried  out. 

When  contracts  void. 

§  3.  All  contracts  entered  into  by  such  officer  or  officers,  board  of 
supervisors,  corporation,  board  of  trustees,  commissioners,  or  other  per- 
son or  persons,  in  violation  of  the  provisions  of  this  act,  shall  be  null 
and  void. 

§  4.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

Superseded  as  to  state  oflScers  and  works  by  the  following  act: 

A.CT  2897. 

An  act  to  regulate  contracts  on  behalf  of  the  state,  in  relation  to  erec- 
tions and  buildings.  [Approved  March  23,  1876.  Stats.  1875-76, 
p.  427.] 

Amended  1891,  p.  457;   1895,  p.  237;   1905,  p.  416;   1907,  p.  225.     Repealed 
1909,  p.   656. 

Citations.      Cal.  111/582,  587;   125/591,  592. 
See  Act  2901,   post. 

ACT  2898. 

An  act  to  provide  for  the  completion  of  all  unfinished  county,  city,  city 
and  county,  town,  and  township  buildings  in  the  several  counties, 
cities  and  counties,  cities,  and  towns,  throughout  the  state  of  Cali- 
fornia. 

[Approved  March   10,  1887.     Stats.  1887,  p.  95.] 
Amended   1891,   p.    83;    1893,   p.   126;    1895,   p.   166. 
Citations.      Cal.  96/290;  128/129. 

Construction  of  unfinished  buildings. 

§  1.  In  the  event  that  the  board  of  supervisors  of  the  several  coun- 
ties, cities,  and  cities  and  counties  of  the  state  of  California  sliall  deem 
it  expedient  to  continue  the  construction  of  any  unfinished  county,  or 
city  i.ad  county,  or  town,  or  township  building  or  buildings  now  in  the 


Act  2898,  §  1  GENERAL  LAWS.  1048 

process  of  construction,  they  are  hereby  authorized  and  empowered  to 
express  such  judgment,  by  resolution  or  order,  in  such  form  as  they  may 
deem  proper;  and  for  tlie  purpose  of  raising  the  money  necessary  to 
complete  said  building  or  buildings  the  board  of  supervisors  of  the  sev- 
eral counties,  cities,  and  cities  and  counties  of  the  state  of  California 
are  hereby  authorized  and  empowered  to  levy  and  collect,  annually,  for 
the  fiscal  year  commencing  July  first,  eighteen  hundred  and  eighty- 
seven,  and  ending  June  thirtieth,  eighteen  hundred  and  eighty-eight, 
and  each  and  every  fiscal  year  thereafter  during  the  eight  fiscal  years 
next  ensuing,  in  the  same  manner  and  at  the  same  times  as  other  taxes 
in  said  counties,  cities,  and  towns,  and  townships,  and  cities  and  coun- 
ties are  levied  and  collected,  an  ad  valorem  property  tax  on  real  and 
personal  property  within  the  said  counties,  or  cities  and  counties,  cities, 
towns,  and  townships,  of  ten  cents  on  each  one  hundred  dollars  of  value, 
as  shown  by  the  assessment  rolls  of  said  counties,  cities,  cities  and 
counties,  towns,  and  townships  for  the  current  fiscal  year;  provided, 
the  moneys  raised  under  the  provisions  of  this  act  shall  be  expended 
only  in  the  manner  and  for  the  purposes  authorized  by  law  or  by  the 
act  or  acts  authorizing  the  construction  of  the  building  or  buildings; 
and  provided  further,  that  no  part  of  said  moneys  shall  be  used  for  the 
purchase  of  carpets,  furniture,  fixtures,  or  other  office  furnishings  of 
the  rooms  or  offices  completed  and  in  use  at  the  time  of  the  passage  of 
this  act,  nor  for  any  furniture  or  other  office  fixtures  or  furnishings  for 
the  rooms  or  offices  yet  to  be  completed,  save  and  except  such  office 
fixtures  as  are  usually  affixed  to  and  constitute  a  part  of  the  permanent 
structure  or  arrangement  of  such  offices  or  rooms;  and  it  is  further  pro- 
vided, that  whenever,  in  the  judgment  of  the  board  of  supervisors  of 
the  several  counties,  cities,  and  cities  and  counties,  of  the  state  of 
California,  or  of  any  person  or  persons,  board,  or  commission  having 
charge  of  any  building  or  buildings  now  in  the  process  of  construction, 
it  shall  be  deemed  necessary  for  the  preservation  of  the  building  or 
buildings,  or  convenient  occupation  thereof,  or  the  improvement  or  main- 
tenance of  sanitary  conditions  therein,  or  the  protection  of  life,  to  make 
repairs  on  said  building  or  buildings,  or  alterations  thereof  not  incon- 
sistent with  the  accepted  plan  of  the  building  or  buildings,  the  board 
of  supervisors,  person  or  persons,  board,  or  commission  having  legal 
charge  of  the  same,  shall  have  the  power  to  expend  in  any  one  year 
on  such  repairs  or  alterations,  exclusive  of  the  cost  of  repairs  or  altera- 
tions on  the  roof  or  roofs  thereof,  the  sum  of  ten  thousand  dollars, 
and  no  more;  which  sum  may  be  expended  without  regard  to  any  of 
the  requirements  of  any  act  or  acts  authorizing  the  construction  of  the 
building  or  buildings,  if  the  amount  expended  at  any  one  time  does 
not  exceed  the  sum  of  one  thousand  dollars;  but  whenever  an  expend- 
iture iix  excess  of  the  sum  of  one  thousand  dollars  should  be  required,  it 
shall  be  made  according  to  the  provisions  of  the  act  or  acts  authorizing 
the  construction  of  the  building  or  buildings.  [Amendment  approved 
March  26,  1895.     Stats.   1895,  p.   166.     In  effect  immediately.] 

Also  amended  in  1891,  Stats.  1891,  p.  83,  and  in  1893,  Stats.   1893,  p.  126. 


1049  PUBLIC  WORKS.  Acts  2899,  2900 

§2.  All  laws  now  in  force,  except  in  so  far  as  they  relate  to  the 
levy  and  collection  of  taxes  for  the  completion  of  anj^  county,  or  city 
and  county,  or  city,  or  towns,  or  townships  building  or  buildings,  are 
hereby  continued  in  full  force  and  effect. 

ACT  2899. 

An  act  concerning  the  completion  of  unfinished  public  buildings  in  any 
county,  city,  city  and  county,  or  town  in  this  state,  and  permitting 
alterations  of  the  original  plans  or  designs  for  the  construction 
thereof. 

[Approved  March  26,  1895.     Stats.  1895,  p.  165.] 

§  1.  Where  there  are  any  unfinished  public  building  or  buildings 
now  in  process  of  construction  in  any  county,  city,  city  and  county,  or 
town  in  this  state,  the  board  of  supervisors  or  other  governing  body_ 
of  any  county,  city,  city  and  county,  or  town,  or  any  commission  created 
by  an  act  of  the  legislature,  having  in  charge  the  construction  of  such 
unfinished  building,  shall  have  the  right  in  the  construction  thereof  to 
omit  from  the  original  or  adopted  plan  therefor  such  part  or  parts  as 
in  their  judgment  they  shall  deem  necessary  to  be  left  out;  provided, 
no  contract  has  been  let  for  the  construction  of  such  part  or  parts.  If, 
in  the  judgment  of  such  ofiicers,  the  public  good  requires,  they  may  let 
contracts  according  to  law  for  the  construction,  in  whole  or  in  part,  of 
the  unfinished  portions  of  such  public  building  or  buildings  in  accord- 
ance with  such  altered  plan.  When  the  same  shall  have  been  con- 
structed in  accordance  with  such  altered  plan,  the  building  shall  be 
deemed  to  have  been  completed. 

§  2.  Whenever,  during  the  construction  of  such  public  building  or 
buildings,  changes  in  the  original  plans  or  designs  have  heretofore  been 
made,  and  contracts  for  the  construction  of  the  work,  in  whole  or  in 
part,  in  accordance  with  the  altered  plans  or  designs,  have  been  entered 
into  by  the  board  of  supervisors,  or  other  governing  body  of  any  county, 
city,  city  and  county,  or  town,  or  by  the  commission  having  the  con- 
struction thereof  in  charge,  the  said  alteration  of  the  original  plans  or 
designs  that  have  been  made  and  contracts  for  same  that  have  been 
entered  into,  are  hereby  ratified,  approved,  and   confirmed. 

§  3.     This  act  shall  take  effect  from  and  after  its  passage. 

ACT  2900. 

An  act  authorizing  the  incurring  of  indebtedness  by  cities,  towns,  and 
municipal  corporations,  incorporated  under  the  laws  of  this  state, 
for  the  construction  of  waterworks,  sewers,  and  all  necessary  ])ub- 
lic  improvements,  or  for  any  purpose  whatever,  and  to  repeal  the 
act  approved  March  9,  1S85,  entitled  "An  act  to  authorize  munieifial 
corjiorations  of  the  fifth  class,  containing  more  than  three  thousand 
and  less  than  ten  thousand  inhabitants,  to  obtain  waterworlts," 
also   to   repeal  an   act  approved   March   15,   1887,  entitled  "An  act 


Act  2900,  I  §  1,2  GENERAL  LAWS.  1050 

authorizing    the    incurring    of    indebtedness    by    cities,    towns,    and 

municipal  corporations,  incorporated  under  the  laws  of  this  state." 
[Approved  March  19,  1889.     Stats.  1889,  p.  399.] 

Amended  1891,  pp.  84,  94,  132;  1893,  p.  91. 

Of  the  last  amendment,  the  code  commissioners  say:  "This  latter  amendment 
attempted  to  be  repealed  by  1897,  p.  97,  but  such  repeal  declared  unconsti- 
tutional in  City  of  Los  Angeles  v.  Hance,   122  Cal.   78." 

Citations.  Cal.  91/550;  95/112;  99/147;  104/519,  521,  523;  107/400,  465, 
466,  469,  470,  473;  119/625,  626;  121/103;  122/78;  125/623,  624;  126/ 
280,  281;  130/279;  135/451,  452,  453,  454;  136/146;  138/243;  142/699, 
700,   701;    144/393;    151/180;    153/291,    294. 

Municipal  corporations  may  incur  indebtedness. 

§  1.  Any  city,  town  or  municipal  corporation,  incorporated  under  the 
laws  of  this  state,  may,  as  hereinafter  provided,  incur  indebtedness  to 
pay  the  cost  of  any  municipal  improvement,  or  for  any  purpose  what- 
ever requiring  an  expenditure  greater  than  the  amount  allowed  for  such 
improvement  by  the  annual  tax  levy. 

Manner  of  procedure. 

§  2.  Whenever  the  legislative  branch  of  any  city,  town,  or  municipal 
corporation  shall,  by  ordinance  passed  by  a  vote  of  two-thirds  of  all  its 
members,  and  approved  by  the  executive  of  said  city,  town,  or  municipal 
corporation,  determine  that  the  public  interest  or  necessity  demands 
the  acquisition,  construction,  or  completion  of  any  municipal  buildings, 
bridges,  waterworks,  water  rights,  sewers,  or  other  municipal  improve- 
ments, the  cost  of  which  will  be  too  great  to  be  paid  out  of  the  ordinary 
annual  income  and  revenue  of  the  municipality,  they  may,  after  the 
publication  of  such  ordinance  for  at  least  two  weeks  in  some  news- 
paper published  in  such  municipality,  and  at  their  next  regular  meeting 
after  such  publication,  or  at  an  adjourned  meeting,  by  ordinance  passed 
by  a  vote  of  two-thirds  of  all  its  members,  and  also  approved  by  the 
said  executive,  call  a  special  election  and  submit  to  the  qualified  voters 
of  said  city,  town,  or  municipal  corporation,  the  proposition  for  the 
purpose  set  forth  in  the  ordinance,  and  no  question  other  than  the 
incurring  of  indebtedness  for  said  purpose  shall  be  submitted.  The  or- 
dinance calling  such  special  election  shall  recite  the  objects  and  pur- 
poses for  which  the  indebtedness  is  proposed  to  be  incurred,  the  estimated 
cost  of  the  proposed  public  improvement,  the  necessity  for  such  improve- 
ment, and  that  the  bonds  of  the  municipality  shall  issue  for  the  payment 
of  the  cost  of  such  improvement,  as  in  such  ordinance  set  forth,  if  the 
proposition  be  accepted  by  the  qualified  voters,  as  hereinafter  provided, 
and  shall  fix  the  day  on  which  such  special  election  shall  be  held  the 
manner  of  holding  such  election,  and  the  voting  for  or  against  incurring 
such  indebtedness;  such  election  shall  be  held  as  provided  by  law  for 
holding  such  elections  in  such  city,  town,  or  municipal  corporation; 
provided,  however,  that  where  by  the  terms  or  provisions  of  the  char- 
ter of  any  city,  town,  or  municipal  corporation,  the  cost  of  making  the 
proposed  improvements  is  to  be  or  must  be  paid  from  a  special  fund 


1051  PUBLIC  WORKS.  Act  2900,  §§  3-6 

created  by  such  charter  for  that  purpose,  the  proposition  of  incurring 
such  an  indebtedness  may  be  submitted  to  the  qualified  voters  at  any 
general  election  for  officers  of  the  state  of  California  or  of  such  city, 
town,  or  municipal  corporation.  [Amendment  approved  March  11,  1891. 
Stats.   1891,  p.  94.] 

Publication  of  intention  to  incur  indebtedness. 

§3.  Such  ordinance  shall  be  published  once  a  day  for  at  least  ten 
days,  or  once  a  week  for  two  weeks,  before  the  publication  of  the 
notice  of  the  special  election,  in  some  newspaper  published  in  such 
municipality.  After  said  publication,  said  legislative  body  shall  cause 
to  be  published,  for  not  less  than  two  weeks,  in  at  least  one  of  the 
newspapers  published  in  such  municipality,  a  notice  of  such  special 
election,  the  purpose  for  which  the  indebtedness  is  to  be  incurred,  the 
number  and  character  of  the  bonds  to  be  issued,  the  rate  of  interest  to 
be  paid,  and  the  amount  of  tax  levy  to  be  made  for  the  payment  thereof. - 
It  shall  require  the  votes  of  two-thirds  of  all  the  voters  voting  at  such 
special  election  to  authorize  the  issuance  of  the  bonds  herein  provided. 

Plans  and  estimates  of  improvements. 

§  4.  It  shall  be  the  duty  of  the  legislative  branch  of  any  municipal- 
ity contemplating  permanent  public  improvements,  to  first  have  plans 
and  estimates  of  the  cost  of  such  improvements,  made  by  a  competent 
engineer  or  architect  who  has  had  successful  experience  in  such  work, 
before  the  question  of  incurring  an  indebtedness  for  such  improvement 
is  submitted  to  vote. 

Limit  of  indebtedness. 

§5.  No  city,  town,  or  municipal  corporation  shall  incur  an  indebted- 
ness for  public  improvements  which  shall,  in  the  aggregate,  excee<I 
fifteen  per  cent  of  the  assessed  value  of  all  the  taxable  real  estate  and 
personal  property  of  such  city,  town,  or  municipal  corporation.  [Amend- 
ment approved  March  11,  1891.     Stats.  1891,  p.  84.] 

Character  of  bonds. 

§  6.  All  municipal  bonds  for  public  improvements  issued  under  the 
provisions  of  this  act  shall  be  of  the  character  of  bonds  known  as  serials, 
and  shall  be  payable  in  gold  coin  or  lawful  money  of  the  United  States, 
in  the  manner  following:  One  fortieth  part  of  the  wiiole  amount  of 
indebtedness  shall  be  paid  each  and  every  year,  on  a  day  and  at  a 
place  to  be  fixed  by  the  legislative  branch  of  the  municipality  issuing 
the  bonds,  together  with  the  interest  on  all  sums  unpaid  at  such  date. 
The  bonds  shall  be  issued  in  such  denominations  as  the  legislative 
branch  of  the  municipality  may  determine,  except  that  no  bonds  shall 
be  of  a  less  denomiuation  than  one  hundred  dollars  nor  of  a  greater 
denomination  than  one  thousand  dollars  each,  payable  on  the  day  and 
at  the  place  fixed  in  such  bond,  and  with  interest  at  the  rate  specified 
in  the  bond,  which  rate  shall  not  be  in  excess  of  the  legal  rate  of  the 
state  of  California,  and  may  be  payable  annually  or  semi-annually. 
Such  bonds   may  be  issued   and   sold  by  the   legislative   branch  of  the 


Act  2900,  §§  7-9  GENERAL  LAWS.  1052 

city,  town,  or  municipal  corporation,  as  they  may  determine,  at  not 
less  than  their  face  value,  in  gold  coin  of  the  United  States,  and  the 
proceeds  of  such  sale  shall  be  placed  in  the  municipal  treasury  to  the 
credit  of  the  proper  improvement  fund,  and  shall  be  applied  exclusively 
to  the  purposes  and  objects  mentioned  in  the  ordinance,  until  such 
objects  are  fully  accomplished,  after  which,  if  any  surplus  remains, 
such  surplus  shall  be  transferred  to  the  general  fund  of  such  municipal- 
ity. [Amendment  approved  March  1,  'l893.  Stats.  1893,  p.  61.  In 
effect  immediately.     Eepealed  all  conflicting  acts.] 

This  section  was  in  turn  repealed  by  the   act  of  March   9,   1897,   Stats.   1897, 

p.    75.     This   repeal    was    declared   unconstitutional.      See    note    at   head   of    this 

act. 

Rato  of  interest. 

§  7.  The  legislative  branch  of  any  city,  town,  or  municipal  corpora- 
tion, issuing  bonds  under  authority  of  this  act,  shall  have  the  right 
to  determine  the  rate  of  interest  such  bonds  shall  bear;  provided,  that  in 
no  case  shall  it  exceed  seven  per  cent  per  annum,  and  to  name  the 
date  and  place  where  such  bonds  and  interest  shall  be  paid;  provided, 
that  the  place  of  payment  shall  be  either  at  the  office  of  the  treasurer 
of  the  municipality,  or  at  some  designated  bank  in  San  Francisco, 
Chicago,  New  York,  or  Boston.  The  said  bonds  shall  be  signed  by  the 
executive  of  the  municipality,  and  also  by  the  treasurer  thereof,  and 
shall  be  countersigned  by  the  clerk.  The  coupons  of  said  bonds  shall 
be  numbered  consecutively,  and  signed  by  the  treasurer. 

Tax  levy. 

§  8.  The  legislative  branch  of  said  city,  town,  or  municipal  cor- 
poration shall,  at  the  time  of  fixing  the  general  tax  levy,  and  in  the 
manner  for  such  general  tax  levy  provided,  levy  and  collect  annually, 
each  year,  for  the  term  of  forty  years,  a  tax  sufficient  to  pay  the  annual 
interest  on  such  bonds,  and  also  one  fortieth  part  of  the  aggregate 
amount  of  such  indebtedness  so  incurred.  The  taxes  herein  required 
to  be  levied  and  collected  shall  be  in  addition  to  all  other  taxes  levied 
for  municipal  purposes,  and  shall  be  collected  at  the  same  time  and  in 
the  same  manner  as  other  municipal  taxes  are  collected.  [Amend- 
ment approved  March  1,  1893.  Stats.  1893,  p.  61.  In  effect  immedi- 
ately.    Eepealed  all   conflicting  acts. 

This   section  was   in   turn  repealed  by   the    act  of  March   9,    1897,    Stats.    1897, 

p.    75.      See   note   under    §  6. 

Duty  of  corporation. 

§9.  It  shall  be  the  duty  of  the  legislative  branch  of  every  city, 
town,  or  municipal  corporation  wherein  public  improvements  are  being 
made  under  the  provisions  of  this  act,  to  make  all  needful  rules  and 
regulations  for  carrying  out  and  maintaining  such  improvements;  to 
appoint  all  needful  agents,  superintendents,  and  engineers  to  properly 
lof^k  after  the  construction  and  operation  of  such  public  works,  and  in 
all  lawful  ways  to  protect  and  preserve  the  rights  and  interest  of  the 


1053  PUBLIC  WORKS.  Act  2900,  §§  10-13 

municipality;  providetl,  however,  that  in  cities,  towns,  or  municipali- 
ties operating  under  a  charter  heretofore  or  hereafter  framed  under 
section  8  of  article  XI  of  the  constitution,  and  having  a  board  of  pub- 
lic works,  all  the  matters  and  things  required  in  this  section  to  be  done 
and  performed  by  the  legislative  branch  of  the  municipality  shall  be 
done  and  performed  by  the  board  of  public  works  of  such  city,  town, 
or  municipality.  [Amendment  approved  March  19,  1891.  Stats.  1891, 
p.  132.] 

Letting  of  contracts. 

§  10.  All  contracts  for  the  construction  or  completion  of  any  pub- 
lic works  or  improvements,  or  for  furnishing  labor  or  materials  there- 
for, as  herein  provided,  shall  be  let  to  the  lowest  responsible  bidder. 
The  legislative  branch  of  the  municipality  shall  advertise  for  at  least 
ten  days,  in  one  or  more  newspapers  published  in  the  municipality, 
inviting  sealed  proposals  for  furnishing  the  labor  and  materials  for 
the  proposed  improvements,  before  any  contract  shall  be  made  therefor. 
The  said  legislative  branch  shall  have  the  riglit  to  require  such  bonds 
as  they  may  deem  best,  from  the  successful  bidder,  to  insure  the  faith- 
ful performance  of  the  contract  work.  They  shall  also  have  the  right 
to  reject  any  or  all  bids;  provided,  however,  that  in  cities,  towns,  or 
municipalities  operating  under  a  charter  heretofore  or  hereafter  framed 
under  section  8  of  article  XI  of  the  constitution,  and  having  a  board 
of  public  works,  all  the  matters  and  things  required  in  this  section  to 
be  done  and  performed  by  the  legislative  branch  of  the  municipality 
shall  be  done  and  performed  by  the  board  of  public  works  of  such  city, 
town,  or  municipality.  [Amendment  approved  March  19,  1891.  Stats. 
1891,  p.  132.] 

Additional  bonds  of  treasurer. 

§  11.  Whenever  the  legislative  branch  of  any  municipality  shall,  by 
resolution,  deem  it  necessary,  they  may  require  the  treasurer  of  such 
municipality  to  give  additional  bonds  for  the  safe  custody  and  care 
of  the  public  funds. 

Repealing  acts  1885,  1887. 

§  12.  The  act  approved  March  ninth,  eighteen  hundred  and  eighty- 
five,  entitled  An  act  to  authorize  municipal  corporations  of  the  fifth 
class,  containing  more  than  three  thousand  and  less  than  ten  thousand 
inhabitants,  to  obtain  public  waterworks,  and  the  act  approved  March 
fifteenth,  eighteen  hundred  and  eighty-seven,  entitled  An  act  authoriz- 
ing the  incurring  of  indebtedness  by  cities,  towns,  and  municipal  cor- 
porations, incorporated  under  the  laws  of  this  state,  and  all  general 
acts,  or  special  acts,  or  parts  of  acts,  conflicting  with  this  act,  are 
hereby  repealed. 

§  13.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

The  act  of  March  15,  1887,  was  also  amended  by  act  approved  February  16, 
1889,    Stats.   1889,  p.  14. 


Act  2901,  §§  1.  2  GENERAL  LAWS.  1054 

ACT  2901. 

An  act  to  regulate  contracts  on  behalf  of  the  state  in  relation  to  the 
erection,  construction,  alteration,  repair  or  improvement  of  any 
state  structure,  building,  road,  or  other  state  improvement  of  any- 
kind  and  to  repeal  an  act  entitled  "An  act  to  regulate  contracts 
on  behalf  of  the  state  in  relation  to  erections  and  buildings," 
approved   March   28,   1876. 

[Approved  March   22,   1909.     Stats.   1909,  p.   656.] 

Control  of  construction  of  public  buildings. 

§  1.  Whenever  provision  is  made  by  law  for  the  erection,  construc- 
tion, alteration,  repair  or  improvement  of  any  state  structure,  build- 
ing, road  or  other  state  improvement  of  any  kind  excepting  improve- 
ments on  the  property  of  the  state  on  the  v^aterfront  of  the  city  and 
county  of  San  Francisco  under  the  jurisdiction  of  the  board  of  state 
harbor  commissioners,  the  total  cost  of  which  will  exceed  the  sum  of 
one  thousand  dollars,  the  same  shall  be  under  the  sole  charge  and  direct 
control  of  the  department  of  engineering.  Said  department,  before 
entering  into  any  contract  for  the  erection,  construction,  alteration, 
repair  or  improvement  of  any  state  structure,  building,  road  or  other 
state  improvement  of  any  kind  shall  prepare  full,  complete  and  accu- 
rate plans  and  specifications  and  estimates  of  cost,  giving  such  direc- 
tions for  the  same  as  will  enable  any  competent  mechanic  or  other 
builder  to  carry  them  out.  The  plans,  specifications  and  estimates  of 
cost  must  be  approved  by  the  advisory  board  of  the  department  of 
engineering  and  the  original  draft  thereof  filed  permanently  in  the 
office  of  the  department  of  engineering  before  further  action   is   taken. 

Contracts.     Registration  of  prospective  bidders. 

§2.  Said  department  of  engineering  shall,  after  the  approval  and 
filing  of  plans,  specifications  and  estimates  of  cost  as  in  this  act  re- 
quired, let  such  work  by  contract  to  the  lowest  responsible  bidder  or 
bidders  upon  public  notice  which  shall  be  given  as  follows:  Notice  of 
such  work  must  be  published  once  a  week  for  three  consecutive  weeks 
next  preceding  the  day  set  for  the  receiving  of  bids  in  a  paper  having 
a  general  circulation  in  the  county  where  the  work  is  to  be  done. 
Provided,  that  in  a  record  kept  for  that  purpose  the  state  engineer 
shall  register  anyone  desiring  to  be  so  registered  for  the  purpose  of 
becoming  a  prospective  bidder  upon  state  work,  which  registration  shall 
be  renewed  on  or  before  the  beginning  of  each  fiscal  year,  and  whenever 
any  state  work  is  to  let  by  contract  the  state  engineer  shall  cause  a 
notice  of  the  same  to  be  mailed  to  each  of  the  addresses  so  registered 
at  least  twenty-five  days  prior  to  the  date  set  for  the  receiving  of  bids. 
In  each  case  such  notice  must  state  the  time  and  place  for  the  receiv- 
ing and  opening  of  sealed  bids  and  must  also  state  that  bids  will  be 
received  for  the  entire  work  and  also,  where  possible,  for  the  perform- 
ance of  each  of  the  following  parts  thereof,  viz.:  first,  for  the  masonry 
work,  including  all  brick,  stone,  terra  cotta,  and  concrete  work,  and  all 
necessary  excavations,  and  filling;   second,  for  the  iron  work;  third,  for 


1055  PUBLIC  WORKS.  Act  2901,  55  3-5 

the  carpenter,  electric  and  glazing  work;  fourth,  for  the  plastering 
work;  fifth,  for  the  plumbing  and  gas-fitting  work;  sixth,  for  the  heat- 
ing work;  seventh,  for  the  tinning,  galvanized  iron,  and  slating  work; 
eighth,  for  the  painting  and  graining  work. 

Award  of  contracts.     Work  may  be  by  day's  labor. 

§  3.  On  the  day  named  in  said  public  notice  the  department  of  en- 
gineering shall  proceed  to  publicly  open  said  sealed  bids  and  shall 
award  such  contract  or  contracts  to  the  lowest  responsible  bidder  or  bid- 
ders. No  bid  shall  be  considered  unless  accompanied  with  a  bond  of 
said  bidder  equal  to  ten  per  cent  of  his  bid  with  sufficient  sureties, 
conditioned  that  if  said  bid  shall  be  accepted  the  party  bidding  will 
duly  enter  into  a  proper  contract  and  faithfully  perform  his  or  their 
contract  or  contracts,  in  accordance  with  said  bid,  and  the  plans  and 
specifications,  which  shall  be  and  are  hereby  made  a  part  of  such  con- 
tract or  contracts.  Such  contract  or  contracts  shall  not  be  binding  on 
the  state  until  they  are  submitted  to  the  attorney  general,  and  by 
him  found  to  be  in  accordance  with  the  provisions  of  this  act,  and  his 
certificate  thereon  to  that  effect  made.  If  in  the  opinion  of  such  de- 
partment of  engineering  the  acceptance  of  the  lowest  responsible  bid 
or  bids  shall  not  be  for  the  best  interests  of  the  state,  it  may  be  law- 
ful for  them  to  reject  all  bids  and  advertise  for  others  in  the  manner 
aforesaid.  But  after  the  approval  of  the  plans,  specifications  and  esti- 
mates of  costs  by  the  advisory  board  of  the  department  of  engineering, 
if,  in  the  opinion  of  such  department  of  engineering  the  acceptance 
of  any  bid  or  bids  shall  not  be  for  the  best  interests  of  the  state,  or  if 
in  the  opinion  of  such  department  of  engineering  the  acceptance  of  any 
further  bids  after  the  rejection  of  all  bids  submitted  shall  not  be  for 
the  best  interests  of  the  state,  it  may  be  legal  for  them  to  direct  that 
the  erection,  construction,  alteration,  repair,  or  improvement  of  any  state 
structure,  building,  road,  or  other  state  improvement  of  any  kind  shall 
be  done  by  day's  labor,  under  the  direction  and  control  of  the  depart- 
ment of  engineering.  All  contracts  shall  provide  that  such  department 
of  engineering  may,  as  hereinafter  provided,  and  on  the  conditions 
stated,  make  any  change  in  the  plans  and  specifications.  Certified 
copies  of  such  contracts  shall  be  filed  with  the  controller  and  the  board 
of  examiners. 

Change  of  plans. 

§  4.  After  the  contract  or  contracts  are  let  no  change  shall  be  made 
to  increase  or  diminish  the  cost  of  any  contract  in  excess  of  five  hun- 
dred dollars,  except  upon  the  approval  of  the  advisory  board  of  the 
department  of  engineering,  and  then  only  upon  additional  plans  and 
specifications  and  estimates  of  cost  being  filed  and  approved,  and 
amended  contracts  entered  into  and  filed  with  the  original  contract. 

Estimates  must  not  be  exceeded. 

§  5.  No  contract  or  contracts  shall  be  made  exceeding  in  amount  the 
estimates  of  costs  approved  by  the  advisory  board  of  the  department 
of   engineering   and  no   plans   and   specifications   and   estimateg   of   cost 


Act  2901,  §§  6-8  GENERAL  LAWS.  1056 

including  expense  of  advertising  and  inspection,  shall  be  approved  by 
said  board  requiring  a  greater  expenditure  of  money  than  is  appro- 
priated for  the  specific  purpose  in  the  act  authorizing  the  same. 

Pasrments  upon  contracts. 

§  6.  Pa3'ments  upon  contract  shall  be  made  as  the  department  of 
engineering  may  prescribe  upon  estimates  made  and  approved  by  the 
said  department  and  audited  by  the  board  of  examiners,  but  no  pay- 
ment shall  be  made  in  excess  of  ninety  per  cent  of  the  percentage  of 
actual  work  completed,  to  which  has  been  added  one-half  of  the  value 
of  material  delivered  on  the  ground  and  unused.  The  department  of 
engineering  shall  withhold  not  less  than  ten  per  cent  of  the  contract 
price  until  final  completion  and  acceptance  of  the  work.  The  controller 
shall  draw  his  warrants  upon  estimates  so  made  and  approved  by  the 
department  of  engineering  and  audited  by  the  board  of  examiners  and 
the  state  treasurer  shall  pay  the  same. 

Injury  to  state  a  felony. 

§7.  Any  member  of  the  advisory  board  or  person  employed  under 
the  department  of  engineering  who  shall  knowingly  perform  any  official 
act  to  the  injury  of  the  state,  or  any  contractor  or  his  agent  or  employee 
who  shall  knowingly  permit  the  violation  of  the  contract  of  such  con- 
tractor to  the  injury  of  the  state,  or  any  agent  or  employee  of  any 
contractor  who  shall  have  knowledge  of  any  work  being  done  in  viola- 
tion of  contract  and  does  not  immediately  notify  the  department  of 
engineering  or  the  inspector  upon  said  work  in  regard  to  the  same  is 
guilty  of  a  felony  and,  upon  conviction  thereof,  shall  be  confined  in 
the  state  prison  for  not  less  than  one  year  nor  more  than  five  years, 
and  be  liable  to  the  state  for  double  the  amount  the  state  may  have 
lost,  or  be  liable  to  lose  by  reason  thereof. 

Neglect  of  work  under  contract. 

§  8.  Whenever,  in  the  opinion  of  the  department  of  engineering,  the 
work  under  any  contract  made  in  pursuance  of  this  act,  is  neglected  by 
the  contractor  or  contractors,  or  the  same  is  not  prosecuted  with  dili- 
gence and  force  specified  or  intended  in  and  by  the  terms  of  the  con- 
tract, it  shall  be  lawful  for  such  department  of  engineering  to  make  a 
requisition  upon  such  contractor  or  contractors  for  such  additional 
specific  force,  or  for  such  additional  specific  material,  to  be  brought  into 
the  work  under  such  contract,  or  to  remove  improper  materials  from  the 
grounds;  of  which  action  of  said  department  of  engineering  due  notice 
in  writing  of  not  less  than  five  days,  shall  be  served  upon  such  con- 
tractor, or  his  or  their  agent  having  charge  of  the  work.  If  such  con- 
tractor or  contractors  fail  to  comply  with  such  requisition  within  fifteen 
days,  it  shall  be  lawful  for  said  department  of  engineering  to  employ 
upon  such  work  the  additional  force,  or  supply  the  materials  so  speci- 
fically required  as  aforesaid,  or  such  part  of  either  as  they  may  deem 
proper,  and  to  remove  improper  materials  from  the  grounds;  and  it  shall 
be  the  duty  of  such  department  of  engineering  to  make  separate  esti- 


1057  PUBLIC  WORKS.  Act  2901,  §5  9-12 

mates  of  all  such  additional  force  or  materials  bo  employed  or  supplied 
as  aforesaid,  and  the  amount  so  estimated  shall  be  charged  against  said 
contractor  or  contractors,  and  deducted  from  his  or  their  next,  or  any- 
subsequent,  estimate;  or  the  same,  or  any  part  thereof,  not  paid  as 
aforesaid,  may  be  recovered  by  action  from  such  contractor  or  contrac- 
tors, and  their  sureties. 

Time  limits  in  contracts.    Bonds. 

§  9.  In  all  contracts  made  under  the  provisions  of  this  act,  there 
shall  be  a  provision  in  regard  to  the  time  when  the  whole,  or  any  speci- 
fied portion,  of  the  work  contemplated  in  said  contract  shall  be  com- 
pleted, and  also  providing  that  for  each  and  every  day  the  same  shall 
be  delayed  beyond  such  time  or  times  so  named,  the  said  contractor  or 
contractors,  shall  forfeit  and  pay  to  the  state  a  sum  of  money,  to  be 
fixed  and  determined  in  said  contract,  to  be  deducted  from  any  pay- 
ment or  payments  due,  or  to  become  due,  to  said  contractor  or  contrac- 
tors. Any  such  contract  shall  provide  for  the  filing  of  a  sufficient  bond 
by  the  contractor  to  secure  the  payment  of  the  claims  of  materialmen, 
mechanics,  or  laborers  employed  upon  state  work;  a  penalty  of  ten 
dollars  per  day  to  be  forfeited  to  the  state  for  each  calendar  day  dur- 
ing which  any  laborer,  workman  or  mechanic  is  employed  or  permitted 
to  labor  more  than  eight  hours;  a  minimum  compensation  of  not  less 
than  two  dollars  per  day  for  labor;  that  no  Chinese  or  Mongolian  labor 
shall  be  employed  and  such  other  provisions  as  are  now  or  may  hereafter 
be  provided  by  law. 

Act  of  1876  repealed. 

§  10.  An  act  entitled  "An  act  to  regulate  contracts  on  behalf  of  the 
state  in  relation  to  erections  and  buildings,"  approved  March  23,  1876, 
and  all  acts  amendatory  thereto  are  hereby  repealed,  and  all  other  acts 
or  parts  of  acts  in  conflict  with  the  provisions  of  this  act  are  hereby 
repealed.  Such  repeal  shall  not  affect,  however,  the  operation  of  any 
other  act  heretofore  passed,  whether  such  act  shall  refer  to  the  act 
hereby  repealed  or  not,  so  as  to  exempt  any  public  work  from  the  pro- 
visions of  this  act. 

Causes  of  action  continued. 

§  11.  All  of  the  provisions  of  this  act  shall  be  so  construed  as  to 
preserve  and  keep  in  full  force  and  effect  all  causes  of  action  and  ac- 
tions for  penalties  which  have  already  accrued  or  may  hereafter  accrue 
under  any  contract,  heretofore  entered  into,  against  any  contractor  or 
person  under  and  by  virtue  of  the  provisions  of  said  act  entitled  "An 
act  to  regulate  contracts  on  behalf  of  the  state  in  relation  to  erections 
and  buildings,"  approved  March  23,  1876,  which  is  repealed  by  virtue 
of  this  act,  and  all  such  actions  and  causes  of  action  may  be  prosecuted 
to  final  judgment  and  all  such  penalties  may  be  imposed  and  collected 
under  the  provisions  of  said  act  so  repealed  to  the  same  extent  and  in 
the  same  manner  as  though  said  act  had  not  been  repealed. 

§  12.     This  act  shall  take   effect  immediately. 
Gen.  Laws — 67 


Acts  2902,  2905  GENERAL  LAWS.  1058 

ACT  2902. 

An  act  authorizing  any  incorporated  city,  town  or  municipal  corporation, 
to  construct,  equip,  use,  maintain  and  operate  any  works,  road,  rail- 
road, tramway,  power  plant,  telephone  or  telegraph  line,  or  other 
necessary  works  or  structures,  for  the  preparation,  manufacturing, 
handling  or  transporting  of  materials  or  supplies  required  in  the 
construction  or  completion  of  any  public  work,  improvement  or 
utility,  and  to  lease,  acquire,  by  purchase,  condemnation  or  other- 
wise, and  hold  and  use  lands  and  other  necessary  property  for  said 
purposes. 

[Approved  March  18,  1907.     Stats.  1907,  p.  597.] 

§  1.  Any  incorporated  city,  town  or  municipal  corporation  in  this 
state  is  hereby  authorized  to  construct,  equip,  use,  maintain  and  oper- 
ate any  works,  road,  railroad,  tramway,  power  plant,  telephone  or  tele- 
graph "line,  or  other  necessary  works  or  structures,  within  or  without 
such  city,  town  or  municipal  corporation,  or  the  county  wherein  such  city 
town  or  municipal  corporation  is  located,  for  the  preparation,  manufac- 
ture, handling  or  transporting  of  any  materials  or  supplies  required  in 
the  construction  or  completion  by  such  city,  town  or  municipal  corpora- 
tion of  any  public  work,  improvement  or  utility,  and,  for  the  purpose 
of  constructing,  equipping,  using,  maintaining  or  operating  any  such 
works,  road,  railroad,  tramway,  power  plant,  telephone  or  telegraph  line, 
or  other  necessary  works  or  structures,  such  city,  town  or  municipal 
corporation  is  hereby  authorised  to  lease  or  acquire,  by  purchase,  con- 
demnation or  otherwise,  and  hold  and  use  any  land,  rights  of  way, 
water,  water  rights,  quarry,  gravel-bed  or  other  mineral  deposits,  or  any 
other  necessary  property,  within  or  without  such  city,  town  or  municipal 
corporation,  or  the  county  wherein  such  city,  town  or  municipal  corpora- 
tion is  located. 

§  2.  Nothing  in  this  act  contained  shall  be  construed  as  extending 
or  enlarging  any  limitation  prescribed  by  law  or  municipal  charter  upon 
taxation,  expenditure  of  public  funds,  or  the  incurring  of  indebtedness, 
by  any  city,  town  or  municipal  corporation. 

§  3.     This  act  shall  take  effect  immediately, 

TITLE  406. 
PUTAH  CREEK. 
ACT  2905. 

Solano    and   Yolo    counties,   protecting   from   overflow   by   Putah   Creek 
[Stats.  1871-72,  p.  941.] 
Repealed   1873-74,  p.   84. 

This    act    provided   for    the    formation    of    the    Yolo    and    Solano    canol    district 
for  the  purpose  of  protecting  certain   lands  from  overflow   from  Futah   Creek. 


1059  QUARANTINE.  Act  2910,  §§  1-5 

TITLE  407. 
QUAEANTINH. 
ACT  2910. 

An  act  to  regulate  quarantine,  and  the  admission  of  horses,  cattle,  sheep, 

and  swine  into  the  state   of  California  from  infected   districts. 

[Approved  March  19,  1889.     Stats.  1889,  p.  375.] 

Quarantine  against  entry  of  domestic  animals. 

§  1.  The  state  board  of  health  shall  be  empowered  to  declare  quaran- 
tine against  the  entry  of  domestic  animals  from  any  state  or  territory, 
or  any  foreign  port  or  country,  in  which  contagious  or  infectious  dis- 
eases are  known  to  exist;  said  infected  parts  to  be  named  in  the  proc- 
lamation. 

Entry  of,  through  state  board  of  health. 

§2.  All  domestic  animals  coming  into  the  state  from  districts  men- 
tioned in  section  1  must  be  required  to  enter  the  state  at  such  points 
only  as  the  state  board  of  health  may  by  proclamation  determine,  and 
designate  where  they  must  be  unloaded  for  inspection. 

Evidence  of  owners. 

§  3.  All  owners  of  domestic  animals  coming  into  this  state  from  locali- 
ties quarantined  against  will  be  required  to  furnish  the  following  evi- 
dence that  such  animals  are  free  from  disease: 

First — The  affidavit  of  two  disinterested  parties,  who  have  known 
such  animals  for  a  period  of  four  months  prior  to  the  date  of  shipment, 
that  they  have  been  healthy,  and  exposed  to  no  contagious  disease,  and 
that  no  contagious  disease  is  known  or  believed  to  exist  in  the  district 
or  country  from  which  they  came. 

Second — The  certificate  of  the  county  clerk  of  the  county  that  per- 
sons making  such  affidavit  are  responsible  and  reputable  citizens  of  the 
county. 

Third — The  affidavit  of  the  owner  or  person  in  charge,  made  at  the 
point  of  entry,  that  such  domestic  animals  are  the  identical  animals 
described  in  the  foregoing  affidavits,  and  that  shipment  has  been  di- 
rect and  without  unloading,  except  for  food  and  water,  and  in  cleansed 
and  disinfected  cars. 

AflBdavit  of  owners. 

§  4.  Owners  or  persons  in  charge  of  domestic  animals  from  localities 
not  named  in  such  proclamation  must  certify,  under  oath,  that  such 
domestic  animals  have  been  kept  in  one  place  for  a  period  of  four 
months  immediately  preceding  the  date  of  shipment  (giving  the  name 
of  the  town  and  county  and  state,  territory,  or  country),  and  have  not 
been  exposed  to  any  contagious  disease  for  a  period  of  three  months 
prior  to  the  date  of  shipment. 

Evidence  to  be  submitted. 

§  5.  All  the  foregoing  evidence  to  be  submitted  to  the  state  veterin- 
arian, or  an  authorized  inspector  of  the  state,  when  permits  for  ship- 
msuts  in  this  state  shall  be  issued. 


Act  2910,  §§  6-14  GENERAL  LAWS.  1060 

Quarantined  calves. 

§  6.  Dealers'  calves  gathered  in  quarantined  states  or  territories  will 
be  quarantined  at  the  points  of  entry. 

Domestic  animals. 

§7.  Domestic  animnls  not  receiving  permits  for  shipment,  and  re- 
tained in  quarantine,  will  be  held  at  the  owner's  risk  and  expense. 

Same. 

§  8.  All  domestic  animals  arriving  at  points  of  entry  shall  be  in- 
spected free  of  charge  to  the  owner. 

Railway  company  must  have  pennit. 

§  9.  No  railway  company  doing  business  in  this  state  shall  receive 
for  shipment  into  this  state  any  domestic  animals  unless  accompanied 
by  a  permit  signed  by  an  authorized  inspector. 

Cattle,  when  not  to  enter  state. 

§  10.  No  cattle  shall  enter  this  state  from  Texas,  New  Mexico,  or 
Mexico,  for  grazing  purposes  during  the  months  of  March,  April,  May, 
June,  July,  August,  September,  October  and  November  in  each  year. 

Shipment  for  slaughter. 

§  11.  All  cattle  from  those  parts  mentioned  in  section  10  entering 
this  state  during  the  months  mentioned  in  section  10,  and  intended  for 
butchering  purposes,  shall  pass  from  the  point  of  entry  into  the  slaughter- 
house yard,  which  yard  shall  be  specially  constructed  and  isolated  for 
the  purpose  of  receiving  such  stock.  The  stock  shall  be  unshipped  in 
said  yard  direct  from  the  cars  running  into  the  yards  for  that  purpose. 

Character  of  cars. 

§  12.  Said  cattle  shall  moreover  be  shipped  in  specially  constructed 
cars,  which  will  prevent  the  dropping  of  manure  and  urine  on  the 
tracks  during  transit,  and  in  unshipping  such  cattle  the  cars  shall  be 
thoroughly   disinfected   with   carbolized   whitewash. 

When  may  "be  unshipped. 

§  13.  All  cattle  entering  this  state  for  the  purposes  mentioned  in 
section  11  shall  only  be  unshipped  between  the  point  of  entry  and  des- 
tination at  places  set  apart  by  the  state  board  of  health  in  its  proclama- 
tion; and  no  native  stock  shall  be  allowed  at  any  time  to  enter  said 
places;  said  places  shall  be,  moreover,  thoroughly  disinfected  in  such 
manner  as  the  state  board  of  health  may  direct. 

Violation  of  act. 

§  14.  Any  person  or  persons,  corporations,  or  firms,  who  shall  vio- 
late any  of  the  provisions  of  this  act  shall  be  liable  for  all  damages 
sustained,  and  a  fine  of  one  thousand  dollars,  to  be  recovered  in  any 
court  of  competent  jurisdiction,  on  account  of  any  contagious  or  infec- 
tious disease  being  communicated  from  any  diseased  animal  to  any 
other  animal  in  the  neighborhood,  or  along  the  line  of  such  transporta 


1061  RAILROADS.  Acts  2915-291? 

tion  of  such  diseased  animals  into  or  through  this  state,  or  from  one 
part  thereof  to  another;  and  the  existence  or  presence  of  such  con- 
tagious or  infectious  disease  among  the  native  cattle  of  this  state  on  the 
same  ranch  with  or  in  the  vicinity  of  any  such  diseased  animals,  or 
along  the  line  or  route  over  which  they  were  transported,  shall  be  prima 
facie  evidence  that  the  same  were  affected  with  such  disease  at  the 
time  of  being  so  removed  or  transported,  and  communicated  it  to  such 
native  domestic  animals  so  affected  therewith. 

Definition. 

§  15.  The  words  "domestic  animals,"  whenever  used  in  this  act,  shall 
be  construed  to  mean  and  include  horses,  mules,  asses,  cattle,  sheep, 
goats  and  swine. 

Inspectors  to  be  appointed. 

§  16.  The  state  board  of  health  are  hereby  authorized  to  appoint  one 
inspector  for  each  of  the  points  of  entry  by  railroad  communication  into 
this  state,  who  shall  reside  at  such  point  as  may  be  designated  by  the 
state  board  of  health,  and  shall  receive  such  compensation  for  actual 
services  as  may  be  determined  by  said  board,  not  to  exceed  one  hundred 
dollars  per  month;  such  compensation  to  be  paid  out  of  any  moneys  in 
the  state  treasury  not  otherwise  appropriated,  upon  the  warrants  of 
the  controller  of  state  drawn  upon  the  certificate  of  the  state  board  of 
health  allowing  the  same. 

§  17.     This  act  shall  take  effect  immediately. 

TITLE  408. 
EAILKOADS. 
ACT  2915. 

To  provide  for  incorporation  of  railroad  companies.     [Stats.  1S61,  p.  607.] 

Amended  1862,  pp.  498,  547;  1863,  p.  610;  1865-66,  p.  310;  1867-68,  p.  705; 
1869-70,  p.  577.  Repealed  by  Civil  Code,  §  288.  See,  also.  Gal.  Pac.  B.  B. 
Co.  V.  Cent.  Pac.  R.  B.  Co.,  47  Cal.  528. 

Citations.  Cal.  41/359;  42/206;  45/312;  47/519;  49/397;  50/349;  52/59, 
61;  63/469;   66/609,  611;   71/85;   75/645;   109/584;   115/590;   129/540. 

ACT  2916. 

Supplementing   statute    concerning    railway    corporations.     [Stats.    1862, 
p.  498.] 
Bepealed  by   §  288,  Civil  Code. 

ACT  2917. 

Permitting   and    authorizing   railway   and   other  corporations   organized 

under  the  laws  of  this  state,  or  of  any  state   or  territory,   or  any 

act    of    Congress,    to    do    business    in    this    state    on    equal    terms. 

[Stats.  1880,  p.  21.] 

Citations.     Cal.  87/397;    116/103;    154/289, 


Acts  2918-2921  GENERAL  LAWS,  1062 

Section  1  codified  by  §  407  of  Civil  Code.  Section  2  codified  by  §  473a  of 
Civil  Code. 

This  act  also  authorized  one  railroad  corporation  to  lease  the  road  of  another 
corporation  and  to  acquire  the  lease  of  its  road. 

ACT  2918. 

Nevada   County,   railroad   from   Colfax   to    Nevada   City,   providing   for. 
[Stats.  1873-74,  p.  492.] 

ACT  2919. 

Railroad    from    Marysville    to    Knight's    Landing,    construction    of,    and 
regulation  of  freights  and  fares.     [Stats.  1873-74,  p.  780.] 

ACT  2920. 

Commissioners     of     transportation,     appointment     of.      [Stats.    1875-76, 
p.  783.] 

Repealed  1877-78,  p.   969. 

Citations.      Cal.  62/506. 

See  ante,   Act  676. 

ACT  2921. 

An  act  providing  for  the  organization  of  the  railroad  commission  of 
the  state  of  California,  defining  its  powers  and  duties  and  the 
powers  and  duties  of  transportation  companies,  their  officers  and 
employees,  and  defining  offenses  by  transportation  companies,  their 
officers,  employees  and  other  persons,  and  providing  penalties  there- 
for; and  repealing  an  act  entitled  "An  act  to  create  the  office  of 
commissioner  of  transportation,  and  to  define  its  povv'ers  and  duties; 
to  fix  the  maximum  charges  for  transporting  passengers  and 
freight  on  certain  railroads,  and  to  prevent  extortion  and  unjust 
discrimination  therein,"  approved  April  1,  1878,  and  also  repealing 
an  act  entitled  "An  act  to  organize  and  define  the  powers  of  the 
board  of  railroad  commissioners,"  approved  April  15,  1880. 
[Approved  March  19,  1909.     Stats.  1909,  p.  499.] 

Railroad  coininlsslon,  of  -whom  composed. 

§  1.  The  three  persons  elected  railroad  commissioners  pursuant  to  the 
provisions  of  section  22  of  article  XII  of  the  constitution  of  the  state, 
constitute  and  shall  be  known  and  designated  as  the  railroad  commis- 
sion of  the  state  of  California.  They  shall  have  power  to  elect  one  of 
their  number  president  of  said  board,  to  appoint  a  secretary,  to  appoint 
an  assistant  secretary,  and  to  employ  a  stenographer. 

Salaries.     Expenses. 

§  2.  The  salary  of  each  commissioner  shall  be  six  thousand  dollars 
per  annum;  the  salary  of  the  secretary  shall  be  three  thousand  dollars 
per  annum;  the  salary  of  the  assistant  secretary  shall  be  eighteen  hun- 
dred dollars  per  annum;  the  salary  of  the  stenographer  shall  be  nine 
hundred   dollars   per  annum;   such  salaries  to   be  paid  by  the  state   of 


1063  RAILROADS.  Act  2921,  §§  3-7 

California  in  the  same  manner  as  the  salaries  of  state  officers  are  paid. 
Said  comiiiissioneis,  and  the  persons  in  their  official  employment  wlien 
traveling  in  the  performance  of  their  official  duties,  shall  have  their 
traveling  expenses  other  than  transportation  paid,  the  amounts  to  be 
passed  on  by  the  state  board  of  examiners,  and  paid  by  the  state.  Said 
board  of  railroad  commissioners  shall  be  allowed  one  hundred  dollars 
per  month  for  office  rent,  and  fifty  dollars  per  month  for  fuel,  lights, 
postage,  exprcssage,  subscription  to  publications  upon  the  subject  of 
transportation,  and  other  incidental  expenses,  to  be  paid  by  the  state; 
provided,  that  all  moneys  remaining  unexpended  at  the  expiration  of 
each  fiscal  year  shall  be  returned  to  the  state  treasurer.  The  state  shall 
furnish  said  board  with  all  necessary  stationery  and  printing,  upon 
requisitions  signed  by  the  president  of  said  board. 


§  3.  Said  commissioners  and  the  persons  in  their  official  employment 
shall,  when  in  the  performance  of  their  official  duties,  have  the  right 
to  pass  free  of  charge  on  all  railroads,  steamers,  ships,  vessels  and  boats, 
and  on  all  vehicles  employed  in  or  by  any  transportation  company, 
subject  to  the  provisions  of  this  act,  engaged  in  the  transportation  of 
freight  and  passengers  within  this  state. 

Duty  of  attorney  general. 

§4.  It  shall  be  the  duty  of  the  attorney  general  to  institute  and 
prosecute  any  and  all  such  suits  and  proceedings  as  shall  be  requested 
of  him  by  said  board,  and  to  appear  therein,  and  in  all  suits  and  pro- 
ceedings to  which  the  board  is  a  party,  for  said  board,  and  said  suits 
and  proceedings  shall  have  precedence  over  all  other  business  except 
criminal  business;  provided,  that  said  board  shall  have  the  power  to 
employ  additional  counsel  to  assist  the  attorney  general,  or  otherwise, 
whenever  they  may  deem  it  expedient.  The  fees  and  expenses  of  said 
additional  counsel  shall  be  determined  by  the  state  board  of  examiners 
and  paid  by  the  state. 

Office. 

§  5.  The  office  of  said  board  shall  be  in  the  city  and  county  of  San 
Francisco.  Said  office  shall  always  be  open  (legal  holidays  and  non- 
judicial days  excepted).  The  board  shall  hold  its  sessions  at  least 
once  a  month  in  said  city  and  county  of  San  Francisco,  and  at  such 
other  times  and  such  other  places  within  this  state  as  may  be  expedient. 
The  sessions  of  said  board  shall  be  public. 

Salaries  how  paid. 

•  §  6.  The  salaries  of  the  commissioners,  secretary,  assistant  secretary 
and  other  officers  and  attaches  in  any  manner  employed  by  the  board 
of  commissioners  shall  be  paid  out  of  any  money  in  the  general  fund 
appropriated  therefor. 

Seal. 

§  7.  The  board  shall  have  a  seal,  to  be  devised  by  its  members,  or 
a  majority  thereof.     Such  seal  shall  have  the  following  inscription  sur- 


Act  2921,  §§  8-11  GENERAL  LAWS.  1064 

rounding  it:  "Eailroad  Commission,  State  o£  California."  The  seal 
shall  be  af3fixed  only  to,  first,  writs;  second,  authentications  of  a  copy 
of  a  record  or  other  proceedings,  or  copy  of  a  document  on  file  in  the 
office  of  said  commission. 

Process. 

§  8.  The  process  issued  by  said  board  shall  extend  to  all  parts  ot 
the  state.  The  board  shall  have  power  to  issue  writs  of  summons  and 
of  subpoena  in  a  like  manner  as  courts  of  record.  The  summons  shall 
direct  the  defendant  to  appear  and  answer  within  fifteen  days  from 
the  day  of  service.  The  necessary  process  issued  by  the  board  may  be 
served  in  any  county  of  this  state  by  any  person  authorized  to  serve 
process  of  courts  of  record. 

Duty  of  secretary. 

§  9.  The  secretary  of  said  board  shall  issue  all  process  and  notices 
required  to  be  issued,  and  do  and  perform  such  other  duties  as  the 
board  may  prescribe. 

Complaints. 

§  10.  All  complaints  before  said  board  shall  be  in  writing  and  under 
oath.  All  decisions  of  said  board  shall  be  given  in  writing,  and  the 
grounds  and  the  decisions  shall  be  stated.  A  record  of  the  proceed- 
ings of  said  board  shall  be  kept,  and  the  evidence  of  persons  appearing 
before  said  board  shall  be  preserved. 

Certain  terms  defined. 

§  11.  The  term  "transportation  company,"  as  used  in  this  act,  shall 
include  railroads  operated  for  commercial  purposes,  express  companies, 
sleeping-car  companies,  and  companies  operating  vessels  engaged  in 
carrying  freight  or  passengers  on  the  waters  of  this  state.  The  term 
"railroad"  and  "railroad  company,"  as  used  in  this  act,  shall  include  all 
bridges  and  ferries  used  or  operated  in  connection  with  any  railroad, 
and  all  the  road  in  use  by  any  railroad  company  operating  a  railroad, 
whether  owned  or  operated  under  a  contract,  agreement,  or  lease,  and 
all  switches,  spurs,  tracks  and  terminal  facilities,  used  in  the  transpor- 
tation of  persons  or  property,  and  all  freight  depots,  yards  or  grounds, 
used  in  the  transportation  or  delivery  of  any  of  said  property.  The 
term  "transportation"  as  used  in  this  act,  shall  include  cars  and  other 
vehicles  and  all  instrumentalities  and  facilities  of  shipment  or  carriage 
used  by  transportation  companies  in  the  movement  of  persons  or  prop- 
erty, irrespective  of  ownership,  or  of  any  contract,  express  or  implied, 
for  the  use  thereof,  and  all  services  in  connection  with  the  receipt; 
delivery,  transfer  in  transit,  ventilation,  refrigeration  or  icing,  storage 
and  handling  of  property  transported.  The  term  "company,"  as  used 
in  this  act,  shall  include  corporations,  associations,  partnerships,  trus- 
tees, assignees,  and  individuals. 

Whenever  any  transportation  company  by  water  uses  or  operates,  as 
incidental  to  the  operation  of  its  ships  or  boats,  any  barge,  canal-boat, 


1065  RAILROADS.  Act  2921,  §§  12-ia 

steamer,   tug,   ferryboat,   or   lighter,    tlie   thing   so   incidentally    used    or 
operated  shall  be  deemed  to  be  part  of  its  transportation. 

Duty  of  coimnission. 

§  12.  It  is  hereby  made  the  duty  of  such  railroad  commission  to  see 
that  the  provisions  of  this  act  and  all  laws  of  this  state  concerning 
transportation  companies  are  enforced  and  obeyed,  and  that  violations 
thereof  are  promptly  prosecuted,  and  penalties  due  the  state  therefor 
recovered  and  collected.  And  said  commission  shall  report  all  such 
violations,  with  the  facts  in  their  possession,  to  the  attorney  general 
or  other  officer  charged  with  the  enforcement  of  the  laws,  and  request 
him  to  institute  the  proper  proceedings. 

Examination  of  books  of  companies. 

§  13.  The  commissioners,  or  either  of  them,  or  such  person  as  they  ' 
may  employ  for  that  purpose,  shall  be  authorized,  at  such  times  as  they 
may  deem  necessary,  to  examine  the  books  and  papers  of  any  transpor- 
tation company,  and  to  examine  under  oath  any  officer  or  employee  of 
such  company  in  respect  to  the  business  of  the  same.  If  any  transpor- 
tation company  shall  willfully  refuse  to  permit  such  inspection  of  its 
books  and  papers,  said  company  shall,  for  each  offense,  be  subject  to  a 
penalty  of  five  hundred  dollars  for  each  day  it  shall  so  refuse,  payable 
to  the  state  of  California,  and  recoverable  in  an  action  in  the  name  of 
said  board  of  railroad  commissioners  by  the  attorney  general  at  the 
request  of  said  board,  in  the  superior  court  of  the  county,  or  city  and 
county,  where  said  company  has  its  principal  operating  office  in  the 
state  of  California.  No  person  employed  by  said  board  to  make  such 
inspection  shall  be  entitled  to  make  the  same  until  he  shall  first  pro- 
duce his  authority  therefor,  in  writing  under  the  hand  and  seal  of  said 
commission. 

Refusal  to  exhibit  books,  penalty  for. 

§  14.  Any  officer,  agent  or  employee  of  any  transportation  company 
who,  upon  proper  demand,  shall  willfully  fail  or  refuse  to  exhibit  to 
the  commissioners,  or  either  of  them,  or  any  person  authorized  to  in- 
vestigate the  same,  any  book,  record,  or  paper  of  such  transportation 
company,  which  is  in  the  possession  or  under  the  control  of  such  officer, 
agent  or  employee,  shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon 
conviction  in  any  court  having  jurisdiction  thereof,  shall  be  punished 
by  a  fine  in  a  sum  not  less  than  five  hundred  dollars  and  not  to  ex- 
ceed $2,000. 

Witnesses,  pay  of. 

§15.  The  said  commission  is  authorized  to  investigate  any  breach 
of  the  provisions  of  this  act,  and  to  issue  subpoenas  for  the  attendance 
of  the  witnesses,  and  each  of  said  witnesses  so  subpoenaed  shall  receive 
for  his  attendance  before  the  commission  $2  per  day  and  three  cents 
per  mile  for  the  distance,  by  the  nearest  practicable  route,  in  going  to 
and  returning  from  the  place  of  meeting  of  said  commission,  and   said 


Act  2921,  §§  16,  17  GENERAL  LAWS.  1066 

witness  fees  shall  be  ordered  paid  by  tlie  state  controller,  upon  pres- 
entation of  proper  vouchers  sworn  to  by  the  witness  and  approved  by 
the  chairman  of  the  commission;  provided,  that  the  chairman  of  said 
commission  shall  not  approve  any  such  voucher  in  the  case  of  a  witness 
subpoenaed  at  the  instance  of  parties  other  than  the  commission,  unless 
it  shall  appear  to  said  chairman  that  the  testimony  of  such  witness  was 
material  to  the  matter  investigated.  In  case  any  witness  shall  fail  or 
refuse  to  obey  such  subpoena,  the  commission  may  issue  an  attachment 
for  said  witness,  directed  to  any  sheriff  or  constable  in  the  state  of 
California,  to  compel  such  witness  to  attend  before  the  commission  and 
give  his  testimony  in  respect  to  the  matter  investigated.  No  person 
shall  be  excused  from  attending  and  testifying,  or  from  producing 
books  and  papers  in  obedience  to  said  subpoena  on  the  ground  that  the 
testimony  or  evidence  required  of  him  may  tend  to  incriminate  him,  but 
no  person  shall  be  prosecuted,  punished  or  subjected  to  any  penalty  or 
forfeiture  for  or  on  account  of  any  transaction,  matter  or  thing  con- 
cerning which  he  may  testify  or  produce  evidence,  documentary  or 
otherwise,  before  said  commission  in  obedience  to  said  subpoena,  pro- 
vided, however,  that  no  person  so  testifying  shall  be  exempt  from  pros- 
ecution and  punishment  for  perjury  committed  in  so  testifying.  The 
sheriff  or  constable  executing  any  process  issued  under  the  provisions 
of  this  act  shall  receive  such  compensation  therefor  as  may  be  allowed 
by  the  commission,  not  to  exceed  the  fees  as  the  same  shall  now  or 
hereafter  be  prescribed  by  law  for  similar  services. 

Rates  of  charges,  establishment  of. 

§  16.  The  said  board  of  railroad  commissioners  shall  have  the  power, 
and  it  shall  be  their  duty,  to  establish  rates  of  charges  for  transporta- 
tion by  transportation  companies  subject  to  the  provisions  of  this  act, 
and  the  order  for  the  said  rates  so  made  shall  take  effect  on  the 
twentieth  day  after  service  of  the  same  upon  the  transportation  com- 
pany affected  thereby,  and  in  case  such  company  be  a  corporation  such 
service  shall  be  sufficient  if  made  upon  the  president,  vice-president, 
secretary  or  managing  agent  thereof,  and  in  case  such  company  be  a 
partnership,  upon  any  member  of  the  firm;  to  examine  the  books,  rec- 
ords and  papers  of  all  such  transportation  companies,  and  for  this  pur- 
pose they  shall  have  power  to  issue  subpoenas  and  all  other  necessary 
processes;  to  hear  and  determine  complaints  against  said  transporta- 
tion companies;  to  send  for  persons  and  papers;  to  administer  oaths, 
take  testimony  and  punish  for  contempt  of  their  orders  and  processes 
in  the  same  manner  and  to  the  same  extent  as  courts  of  record;  and  to 
enforce  their  decisions,  and  correct  abuses  through  the  medium  of  the 
courts. 

Through  routes  and  joint  rates. 

§  17.  The  commission  may,  after  hearing  on  a  complaint  and  upon 
such  reasonable  notice  as  it  may  fix  to  the  company  or  companies  com- 
plained of,  establish  through  routes  and  joint  rates  as  the  maximum  to 
be    charged,    and   prescribe    the    division    of    such    rates    as    hereinafter 


1067  RAILROADS.  Act  2921,  §  18 

provided,  and  the  terms  and  conditions  under  which  such  through  routes 
shall  be  operated  when  that  may  be  necessary  to  give  effect  to  any 
provision  of  this  act  and  the  company  or  companies  complained  of  have 
refused  or  neglected  to  establish  voluntarily  such  through  routes  and 
joint  rates;  provided,  no  reasonable  or  satisfactory  through  route  ex- 
ists, and  this  provision  shall  apply  when  one  of  the  connecting  com- 
panies is  a  water  line.  Should  the  companies  fail  to  agree  among 
themselves  upon  the  apportionment  or  division  of  such  joint  rates,  the 
commission  may,  after  hearing,  upon  such  reasonable  notice  to  said 
companies  as  it  may  fix,  make  a  supplemental  order  prescribing  the 
just  and  reasonable  proportion  of  such  joint  rate  to  be  received  by 
each  company  party  thereto. 

Schedules  to  be  filed  and  posted.    Changes  in  rates.    Joint  tariffs.    Form 

of  schedules. 

§  18.  Every  transportation  company,  subject  to  the  provisions  of  this 
act,  shall  file  with  the  commission,  within  a  time  fixed  by  the  commis- 
sion, and  print  and  keep  open  to  public  inspection,  schedules  showing 
all  the  rates,  fares  and  charges  for  transportation  between  different 
points  on  its  own  route  and  between  points  on  its  own  route  and  points 
on  the  route  of  any  other  transportation  company  subject  to  the  pro- 
visions of  this  act,  when  a  through  route  and  joint  rate  have  been  es- 
tablished. These  schedules  shall  plainly  state  the  places  between  which 
property  and  passenger  will  be  carried,  and  shall  also  state  separately 
all  terminal  charges,  storage  charges,  icing  charges,  and  all  other  charges 
which  the  commission  may  require,  all  privileges  or  facilities  granted 
or  allowed,  and  any  rules  or  regulations  which  in  anywise  change, 
affect,  or  determine  any  part  or  the  aggregate  of  such  aforesaid  rates, 
fares  and  charges,  or  the  value  of  the  service  rendered  to  the  passenger, 
shipper  on  consignee.  Such  schedules  shall  be  plainly  printed  in  large 
type,  and  copies  for  the  use  of  the  public  shall  be  kept  on  file  in  every 
depot,  station  and  office  of  such  transportation  companies  where  pas- 
sengers or  freight,  respectively,  are  received  for  transportation,  in  such 
form  that  they  shall  be  accessible  to  the  public  and  can  be  con- 
veniently inspected.  The  provisions  of  this  section  shall  apply  to  all 
traffic,  transportation  and  facilities  defined  in   this  act. 

No  change  shall  be  made  in  the  rates,  fares  and  charges,  or  joint 
rates,  fares  and  charges  which  have  been  made,  filed  and  published  by 
any  transportation  company  subject  to  the  provisions  of  this  act,  except 
after  thirty  days'  notice  to  the  commission,  and  to  the  public,  pub- 
lished as  aforesaid,  which  shall  plainly  state  the  changes  proposed  to 
be  made  in  the  schedule  then  in  force  and  the  time  when  the  changed 
rates,  fare  or  charges  will  go  into  effect;  and  the  proposed  changes 
shall  be  shown  by  printing  new  schedules,  or  shall  be  plainly  indicated 
upon  the  schedules  in  force  at  the  time,  and  kept  open  to  public  in- 
spection; provided,  that  the  commission  may,  in  its  discretion  and  for 
good  cause  shown,  allow  changes  upon  less  than  the  notice  herein 
specified,  or  modify  the  requirements  of  this  section  in  respect  to  pub- 
lishing, posting  and  filing  of  tariffs,  either  in  particular  instances  or  hj 


Act  2921,  §§  19,  20  GENERAL  LAWS.  1068 

a  general  order  applicable  to  special  or  peculiar  circumstances  or  condi- 
tions. 

The  names  of  the  several  transportation  companies  which  are  parties 
to  any  joint  tariff  shall  be  specified  therein,  and  each  of  the  parties 
thereto,  other  than  the  one  filing  the  same,  shall  file  with  the  commis- 
sion such  evidence  of  concurrence  therein  or  acceptance  thereof  as  may- 
be required  or  approved  by  the  commission,  and  where  such  evidence  of 
concurrence  or  acceptance  is  filed,  it  shall  not  be  necessary  for  the 
transportation  companies  filing  the  same  to  also  file  copies  of  the  tariffs 
in  which  they  are  named  as  parties. 

The  commission  may  determined  and  prescribe  the  form  in  which  the 
schedules  required  by  this  section  to  be  kept  open  to  public  inspection 
shall  be  prepared  and  arranged,  and  may  change  the  form  from  time  to 
time  as  shall  be  found  expedient. 

No  transportation  company  subject  to  the  provisions  of  this  act,  un- 
less otherwise  provided  by  this  act,  shall  engage  or  participate  in  the 
transportation  of  passengers  or  property,  as  defined  by  this  act,  unless 
the  rates,  fares  and  charges  upon  which  the  same  are  transported  by 
said  transportation  company  have  been  filed  and  published  in  accord- 
ance with  the  provisions  of  this  act;  nor  shall  any  transportation  com- 
pany charge  or  demand  or  collect  or  receive  a  greater  or  less  compensation 
for  such  transportation  of  passengers  or  property,  or  for  any  service  in 
connection  therewith,  between  the  points  named  in  such  tariffs,  than 
the  rates,  fares  and  charges  which  are  specified  in  the  tariffs  filed  and 
\n  effect  at  the  time. 

Change  of  rates,  notice  to  company. 

§  19.  The  said  commission,  before  establishing,  changing,  amending, 
or  abolishing  any  rule,  regulation,  or  rate  of  charge  for  transportation, 
shall  give  the  transportation  company  to  be  affected  thereby  ten  days' 
notice  of  the  time  and  place  for  the  taking  of  action  by  the  commission 
in  respect  to  the  same,  and  said  company  shall  be  entitled  to  be  heard 
at  such  time  and  place  and  to  process  for  the  attendance  of  its  wit- 
nesses, to  the  end  that  such  action  may  be  taken  by  the  commission  as 
shall  be  reasonable  and  just  in  the  premises. 

Petition  for  investigation. 

§  20.  Any  person,  firm,  corporation,  or  association,  or  any  mercantile, 
agricultural  or  manufacturing  society,  or  any  body  politic,  or  municipal 
organization,  complaining  of  anything  done  or  omitted  to  be  done  bv 
any  transportation  company  subject  to  the  provisions  of  this  act,  in 
contravention  of  the  provisions  thereof  or  of  the  constitution  of  this 
state  may  apply  to  said  commission  by  petition,  which  shall  set  forth 
the  facts;  whereupon,  if  there  shall  appear  to  the  commission  to  be  any 
reasonable  grounds  for  investigating  such  complaint,  it  shall  cause  a 
copy  of  the  same  to  be  served  on  the  transportation  company  concerned, 
and  call  upon  said  company  to  answer  the  same  at  a  time  and  place 
specified  in  said  call  by  said  commission.  The  commission  shall  investi- 
gate the  matters  complained  of  under  such  reasonable  rules  and  modes 


1069  RAILROADS.  Act  2921,  §  21 

of  procerlure  as  it  shall  deem  proper.     No  complaint  shall  at  any  time 
be  dismissed  because  of  the  absence  of  direct  damage  to  the  plaintiff. 

Reports  of  investigations.     Complaints.    Award  of  damages  to  complain- 
ant. 

§  21.  Whenever  an  investigation  shall  be  made  by  said  commission, 
it  shall  be  its  duty  to  make  a  report  in  writing  in  respect  thereto,  which 
shall  state  the  conclusions  of  the  commission,  together  with  its  decision, 
order  or  requirement  in  the  premises;  and  in  case  damages  are  awarded, 
such  report  shall  include  the  findings  of  fact  in  which  the  award  is 
made.  All  reports  of  investigations  made  by  the  commission  shall  be 
entered  of  record,  and  a  copy  thereof  shall  be  furnished  to  the  party 
who  may  have  complained,  and  to  any  transportation  company  that 
may  have  been  complained  of.  The  commission  may  provide  for  the 
publication  of  its  reports  and  decisions  in  such  form  and  manner  as_ 
may  be  best  adapted  for  public  use  and  information,  and  such  author- 
ized publications  shall  be  competent  evidence  of  the  reports  and  de- 
cisions of  the  commission  therein  contained  in  all  courts  of  this  state, 
without  any  further  proof  or  authentication  thereof.  The  expense  of 
such  publication  shall  be  ordered  paid  by  the  controller  on  the  certifi- 
cate of  the  chairman  of  said  commission  that  the  same  has  been  in- 
curred, and  shall  be  payable  out  of  any  moneys  in  the  general  fund 
not  otherwise  appropriated. 

If,  in  any  such  investigation,  the  commission  shall  determine  that  any 
party  complainant  is  entitled  to  an  award  of  damages  under  the  pro- 
visions of  this  act,  for  a  violation  thereof,  the  commission  shall  make 
an  order  directing  the  transportation  company  to  pay  to  the  complain- 
ant the  sum  to  which  he  is  entitled,  on  or  before  a  day  named.  If 
such  transportation  company  does  not  comply  with  an  order  for  the 
payment  of  money  within  the  time  limited  in  such  order,  the  com- 
plainant, or  any  person  for  whose  benefit  such  order  was  made,  may 
file,  in  the  superior  court  of  the  state  of  California,  for  the  county  in 
which  complainant  resides,  or  in  which  is  located  the  principal  operat- 
ing office  of  the  transportation  company  in  said  state,  a  petition  setting 
forth,  briefly,  the  causes  for  which  he  claims  damages,  and  the  order 
of  the  commission  in  the  premises.  Such  suit  shall  proceed  in  all  re- 
spects like  other  civil  suits  for  damages  in  said  superior  court,  except 
that  on  the  trial  of  said  suit  the  findings  and  order  of  the  commission 
shall  be  prima  facie  evidence  of  the  facts  therein  stated,  and  either 
party  thereto  shall  have  the  right  of  appeal  to  the  supreme  court  as 
in  other  cases  applicable  thereto. 

All  complaints  for  the  recovery  of  damages  shall  be  filed  with  the 
commission  within  one  year  from  the  time  the  cause  of  action  accrues 
and  not  after,  and  a  petition  for  the  enforcement  of  an  order  of  the 
commission  for  the  payment  of  money  shall  be  filed  in  the  superior 
court  within  six  months  from  the  date  of  the  order  and  not  after. 

In  such  suits  all  parties  in  whose  favor  the  commission  may  have  made 
an  award  for  damages  by  a  single  order  may  be  joined  as  plaintiffs, 
and  all  of  the  transportation  companies,  parties  to  such  order,  may  be 


Act  2921,  §  22  GENERAL  LAWS.  1070 

joined  as  defendants,  and  the  venue  of  all  such  suits  shall  be  in  the 
county  where  any  of  such  transportation  companies  shall  have  its  prin- 
cipal operating  office  in  the  state  of  California. 

In  the  case  of  such  joint  suit,  the  recovery,  if  any,  may  be  by  judg- 
ment in  favor  of  any  one  of  such  plaintiffs,  against  the  defendant  found 
to  be  liable  to  such  plaintiff. 

Every  order  of  the  commission  shall  be  forthwith  served  by  mailing 
the  same  to  any  one  of  the  principal  officers,  or  agents,  or  members  of 
the  transportation  company  at  its  principal  operating  office  in  this  state, 
and  the  registry  mail  receipt  shall  be  prima  facie  evidence  of  the  re- 
ceipt of  such  order  by  the  transportation  company  in  due  course  of 
mail. 

The  commission  shall  be  authorized  to  suspend  or  modify  its  orders 
upon  such  notice  and  in  such  manner  as  it  shall  deem  proper. 

Authority  to  prescribe  just  rates. 

§  22.  The  commission  is  authorized  and  it  shall  be  its  duty  when- 
ever, after  full  hearing  upon  a  complaint  made  as  provided  in  section  20 
of  this  act,  or  upon  complaint  of  any  transportation  company  subject 
to  the  provisions  of  this  act,  it  shall  be  of  the  opinion  that  any  of 
the  rates  or  charges  demanded,  charged  or  collected  by  any  transpor- 
tation company  or  companies  subject  to  the  provisions  of  this  act,  for 
transportation  services,  or  that  any  regulations  or  practices  of  said  com- 
panies affecting  such  rates  or  charges,  whether  in  respect  to  the  com- 
plainants mentioned  in  said  section  20,  or  in  respect  to  any  such 
transportation  company  itself,  are  unjust  or  unreasonable,  or  unjustly 
discriminatory,  or  unduly  preferential  or  prejudicial,  or  otlierwise  in 
violation  of,  or  contrary  to,  any  of  the  provisions  of  this  act,  to  deter- 
mine and  prescribe  what  will  be  the  just  and  reasonable  rfite  or  rates, 
charge  or  charges,  to  be  thereafter  observed  in  such  case  as  the  maxi- 
mum to  be  charged;  and  what  regulation  or  practice  in  respect  to  such 
transportation  is  just,  fair  and  reasonable  to  be  thereafter  followed; 
and  to  make  an  order  that  the  transportation  company  shall  cease  and 
desist  from  such  violation  of  the  act,  to  the  extent  to  which  the  com- 
mission find  the  same  to  exist,  and  shall  not  thereafter  publish,  demand 
or  collect  any  rate  or  charge  for  such  transportation  service  in  excess 
of  the  maximum  rate  or  charge  so  prescribed,  and  shall  conform  to  the 
regulation  or  practice  so  prescribed,  and  to  make,  in  proper  cases,  an 
order  in  respect  to  such  rate  or  charges,  or  such  regulations  or  prac- 
tices, where  the  transportation  company  is  complainant,  and  shall  pre- 
scribe the  just  and  reasonable  rate  or  rates,  charge  or  charges,  to  be 
thereafter  observed  by  such  transportation  company  as  the  maximum  to 
be  charged,  and  what  regulation  or  practice  in  respect  to  such  trans- 
portation services  is  just,  fair  and  reasonable  to  be  thereafter  followed 
by  the  said  transportation  company. 

All  orders  of  the  commission,  except  orders  for  the  payment  of  money, 
shaAl  take  effect  on  the  twentieth  day  after  service,  as  provided  in  sec- 
tion 16  hereof,  and  shall  continue  in  force  for  such  time  not  exceeding 
one  year,  as  shall  be  prescribed  in  the  order  of  the  commission,  unless 


1071  RAILROADS.  Act  2921,  §  23 

the  same  shall  be  suspended  or  modified  or  set  aside  by  the  commissiun, 
or  be  suspended  or  set  aside  by  a  court  of  competent  jurisdiction. 

The  superior  court  of  the  state  of  California  shall  be  such  court  of 
competent  jurisdiction,  and  the  venue  of  suits  brought  in  any  superior 
court  of  said  state  against  the  commission,  to  enjoin,  set  aside,  annul 
or  suspend  any  order  or  requirement  of  the  commission,  shall  be  in  the 
county  where  the  transportation  company  against  which  such  order  or 
requirement  may  have  been  made  has  its  principal  operating  office  in 
the  state  of  California,  and  may  be  brought  at  any  time  after  such 
order  is  promulgated.  If  said  order  or  requirement  has  been  made 
against  two  or  more  transportation  companies,  such  venue  shall  be  in 
the  county  where  any  one  of  said  transportation  companies  has  its  prin- 
cipal operating  office  in  the  state  of  California,  and  jurisdiction  to  hear 
and  determine  such  suits  is  hereby  vested  in  said  superior  court.  An 
appeal  to  the  supreme  court  of  the  state  of  California  may  be  taken 
from  any  interlocutory  order  or  decree  granting  or  continuing  an  injunc- 
tion in  any  suit,  but  such  appeal  must  be  taken  within  thirty  days 
from  the  entry  of  such  order  or  decree,  and  it  shall  take  precedence  in 
the  appellate  court  over  all  other  causes  except  causes  of  like  character 
and  criminal  causes. 

Failure  to  obey  order  of  commission. 

§  23.  If  any  transportation  company  fails  or  neglects  to  obey  any 
order  of  the  commission,  other  than  for  the  payment  of  money,  while 
the  same  is  in  effect,  any  party  injured  thereby,  or  the  commission  in 
its  own  name,  may  apply  to  the  superior  court  of  the  state  of  Cali- 
fornia for  the  county  where  such  transportation  company  has  its  prin- 
cipal operating  office  in  the  state  of  California  for  an  enforcement  of 
such  order.  Said  application  shall  be  by  petition,  which  shall  state  the 
substance  of  the  order  and  the  respect  in  which  the  transportation  com- 
pany has  failed  of  obedience,  and  shall  be  served  upon  the  company 
in  such  manner  as  the  court  shall  direct,  and  the  court  shall  prosecute 
such  inquiries  and  make  such  investigations  through  such  means  as  it 
shall  deem  needful  in  the  ascertainment  of  the  facts  at  issue  or  which 
may  arise  upon  the  hearing  of  such  petition.  If,  upon  such  hearing  as 
the  court  may  determine  to  be  necessary,  it  appears  that  the  order  was 
regularly  made  and  duly  served,  and  that  the  transportation  company 
is  in  disobedience  of  the  same,  the  court  shall  enforce  obedience  to 
such  order  by  a  writ  of  injunction,  or  other  proper  process,  mandatory 
or  otherwise,  to  restrain  such  company,  its  officers,  agent  or  representa- 
tives from  further  disobedience  of  such  order,  or  to  enjoin  upon  it,  or 
them,  obedience  to  the  same;  and  in  the  enforcement  of  such  process 
the  court  shall  have  those  powers  ordinarily  exercised  by  it  in  com- ' 
pelling  obedience  to  its  writs  of  injunction  and  mandamus.  From  any 
action  upon  such  petition  an  appeal  shall  lie  by  either  party  to  the 
supreme  court  of  the  state  of  California,  and  in  such  court  the  cause 
shall  have  priority  in  hearing  and  determination  over  all  other  causes 
except  criminal  causes,  but  guch  appeal  shall  not  vacate  or  suspend 
the  order  appealed  from. 


Act  2921,  §§  24-26  GENERAL  LAWS.  1072 

Application  for  rehearing.     Proceedings  on  rehearing. 

S  24.  After  a  decision,  order  or  requirement  has  been  made  by  the 
cominission  in  any  proceeding,  any  party  thereto  may  at  any  time  make 
application  for  rehearing  of  the  same,  or  any  matter  determined  therein, 
and  the  commission  may,  in  its  discretion,  grant  sucli  a  rehearing  if 
sufficient  reason  therefor  be  made  to  appear.  Applications  for  rehear- 
ing shall  be  governed  by  such  reasonable  rules  as  the  commission  may 
establish.  No  such  application  shall  excuse  any  transportation  company 
subject  to  the  provisions  of  this  act  from  complying  with  or  from  obey- 
ing any  decision,  order,  or  requirement  of  the  commission,  or  operate  in 
any  manner  to  stay  or  postpone  the  enforcement  thereof,  without  the 
special   order  of  the   commission. 

In  case  a  rehearing  is  granted,  the  proceedings  thereon  shall  conform 
as  nearly  as  may  be  to  the  proceedings  in  an  oi'iginal  hearing,  except 
as  the  commission  may  otherwise  direct;  and  if,  in  its  judgment,  after 
such  rehearing  and  the  consideration  of  all  facts  including  those  arising 
since  the  former  hearing,  it  shall  appear  that  the  original  decision,  order 
or  requirement  is  in  any  respect  unjust  or  unwarranted,  the  commission 
may  reverse,  change  or  modify  the  same  accordingly.  Any  decision, 
order  or  requirement  made  after  such  rehearing,  reversing,  changing  or 
modifying  the  original  determination,  shall  be  subject  to  the  same  pro- 
visions as  an  original  order. 

Commission  may  investigate  on  own  motion. 

§  25.  Whenever  the  commission  shall  believe  that  any  rate  or  charge 
for  transportation  is  unjust  or  unreasonable,  or  unjustly  discriminatory 
or  unduly  preferential,  or  that  any  service  in  the  matter  of  such  trans- 
portation is  inadequate  or  that  anything  has  been  done  or  omitted  to 
be  done  by  any  common  carrier  subject  to  the  provisions  of  this  act  in 
contravention  to  the  provisions  thereof  or  of  the  constitution  and  that 
investigation  relating  thereto  should  be  made,  it  may,  upon  its  own 
motion,  investigate  the  same.  Before  making  such  investigation,  it  shall 
furnish  the  transportation  company  concerned  a  statement  in  writing 
setting  forth  the  rate  or  charge  or  service  to  be  investigated.  There- 
after, on  ten  days'  notice  to  such  transportation  company  of  the  time 
and  place  of  said  investigation,  the  commission  may  proceed  to  investi- 
gate such  rate  or  charge  or  service  in  the  same  manner  and  make  like 
orders  in  respect  thereto  as  if  such  investigation  had  been  made  on 
complaint. 

Who  may  intervene. 

§  26.  Any  party  authorized  by  this  act  to  be  complainant  in  any  in- 
vestigation before  the  commission,  or  subject  to  be  defendant  therein, 
may,  in  the  discretion  of  the  commission,  be  permitted  to  intervene  in 
any  such  investigation  where  said  party  has  an  interest  in  the  matter 
under  investigation  in  tlv?  success  of  either  complainant  or  defendant, 
or  an  interest  against  both.  In  any  such  investigation  before  the  com- 
mission, any  party  thereto,  or  the  commission,  may  in  the  investigation 
cause  the  deposition  of  witnesses  residing  within  or  without  the  statfc 


1073  RAILROADS.  Act  2921,  §§  27-31a 

to  be  taken  in  the  manner  prescribed  by  law  for  like  depositions  in  civil 
actions  in  the  superior  courts  of  this  state. 

Rules  of  procedure. 

§27.  The  commission  shall  have  the  power  to  adopt  rules  to  govern 
its  proceedings,  and  to  regulate  the  mode  and  manner  of  all  investiga- 
tions of  transportation  companies  and  other  parties  before  it,  in  the 
establishment  of  rates,  rules,  regulations,  or  in  the  making  of  orders 
and  in  the  doing  of  other  acts  required  of  it  under  this  act. 

Oaths,  who  may  administer. 

§  28.  The  chairman  and  each  of  the  commissioners,  for  the  purposes 
of  this  act,  shall  have  pov/er  to  administer  all  oaths,  certify  to  all  offi- 
cial acts,  and  to  compel  the  attendance  of  witnesses  and  the  production 
of  books,  papers,  and  testimony. 

Burden  of  proof. 

§  29.  In  all  investigations  under  this  act  the  burden  of  proof  shall 
be   upon   the   complainant. 

Evidence. 

§  30.  All  evidence  taken  before  the  commission  in  the  investigation 
of  any  breach  of  this  act,  when  reduced  to  writing,  may  be  used  by  any 
party  thereto  as  evidence  upon  the  trial  of  any  cause  or  proceeding 
growing  out  of  the  same  transaction  against  such  transportation  com- 
pany, involving  the  same  subject  matter,  and  between  the  same  parties, 
to  the  same  extent  as  a  deposition  in  a  civil  case.  The  commissioners 
are  authorized  to  employ  a  phonographic  reporter  for  the  purpose  of 
taking  and  transcribing  such  testimony  whenever  such  commission  shall 
deem  it  necessary,  or  whenever  they  shall  be  requested  to  do  so  by  any 
party  to  the  proceedings,  and  a  certified  copy  under  the  hand  and  seal 
of  said  commission  shall  be  sufficient  proof  of  such  testimony  in  any 
cause  or  proceeding  in  which  the  same  shall  be  admissible  as  herein 
provided. 

Charges  must  be  reasonable. 

§31.  All  charges  made  for  any  service  rendered  or  to  be  rendered 
in  the  transportation  of  passengers  or  property,  or  in  connection  there- 
with, by  transportation  companies  subject  to  the  provisions  of  this  act, 
shall  be  just  and  reasonable,  and  every  unjust  and  unreasonable  charge 
for  such  service  or  any  part  thereof  is  prohibited  and  declared  to  be 
unlawful. 

Accidents,  Investigation  of. 

§31a.  The  railroad  commission  shall  investigate  the  cause  of  all  acci- 
dents on  any  railroad  within  the  state  which  result  in  loss  of  life  or 
injury  to  persons  or  property,  and  which  in  its  judgment  shall  require 
investigation.  Every  common  carrier  and  railroad  corporation  is  hereby 
required  to  give  immediate  notice  to  the  commission  of  every  accident 
happening  upon  any  line  of  railroad  owned,  operated,  controlled  or 
Gen.  Laws — 68 


Act  2921,  §§  31b,  31c  GENERAL  LAWS.  1074 

leased  by  it  in  such  manner  as  the  commission  may  direct.  Sucli  notice 
shall  not  be  admitted  as  evidence  or  used  for  any  purpose  against  such 
common  carrier  or  railroad  corporation  giving  such  notice  in  any  suit 
or  action  for  damages  growing  out  of  any  matter  mentioned  in  said 
notice. 

Switch  connections. 

§  31b.  A  railroad  corporation,  upon  the  application  of  any  shipper 
tendering  traffic  for  transportation,  shall  construct,  maintain  and  oper- 
ate upon  reasonable  terms  a  switch  connection  or  connections  with  a 
lateral  line  of  railroad  or  private  sidetrack  owned,  operated  or  controlled 
by  such  shipper,  and  shall,  upon  the  application  of  any  shipper,  pro- 
vide upon  its  own  property  a  sidetrack  and  switch  connection  with  its 
line  of  railroad,  whenever  such  sidetrack  and  switch  connection  is  rea- 
sonably practicable,  can  be  put  in  with  safety,  and  the  business  there- 
for is  sufficient  to  justify  the  same. 

If  any  railroad  corporation  shall  fail  to  install  or  operate  any  such 
switch  connection  with  a  lateral  line  of  railroad  or  any  such  sidetrack 
and  switch  connection  as  aforesaid,  after  written  application  therefor 
has  been  made  to  it,  any  corporation  or  person  interested  may  present 
the  facts  to  the  railroad  commission  by  written  petition,  and  the  com- 
mission shall  investigate  the  matter  stated  in  such  petition,  and  give 
such  hearing  thereon  as  it  may  deem  necessary  or  proper.  If  the  com- 
mission be  of  opinion  that  it  is  safe  and  practicable  to  have  a  connec- 
ti'^n,  substantially  as  prayed  for,  established  or  maintained,  and  that 
the  business  to  be  done  thereon  justifies  the  construction  and  mainte- 
nance thereof,  it  shall  make  an  order  directing  the  construction  and 
establishment  thereof,  specifying  the  reasonable  compensation  to  be 
paid  for  the  construction,  establishment,  and  maintenance  thereof,  and 
may  in  like  manner  upon  the  application  of  the  railroad  cor]joration 
order  the  discontinuance  of  such  switch  connection. 

Continuous  carriage  required. 

§  31c.  No  common  carrier  shall  enter  into  or  become  a  party  to  any 
combination,  contract,  agreement  or  understanding,  written  or  oral,  ex- 
press or  implied,  to  prevent  by  any  arrangement  or  by  change  of  ar- 
rangement of  time  schedule,  by  carriage  in  different  cars  or  by  any  other 
means  or  device  whatsoever  the  carriage  of  freight  and  property  from 
being  continuous  from  the  place  of  shipment  to  the  place  of  destination. 
No  breakage  of  bulk,  stoppage  or  interruption  of  carriage  made  by  any 
common  carrier  shall  prevent  the  carriage  of  freight  and  property  from 
being  treated  as  one  continuous  carriage  from  the  place  of  shipment 
to  the  place  of  destination.  Nor  shall  any  such  breakage  of  bulk, 
stoppage  or  interruption  of  carriage  be  made  or  permitted  by  any  com- 
mon carrier  except  it  be  done  in  good  faith  for  a  necessary  purpose 
without  intention  to  avoid  or  unnecessarily  interrupt  or  delay  the 
continuous  carriage  of  such  freight  or  property  or  to  evade  any  of  the 
provisions  of  law,  of  this  act  or  of  any  order  of  the  railroad  commis- 
sion. 


1075  RAILROADS.  Act  2921,  §§  31d-34 '/4 

Short  haul  charges. 

§  31d.  No  common  carrier,  subject  to  the  provisions  of  this  act,  shall 
charge  or  receive  any  greater  compensation  in  the  aggregate  for  the 
transportation  of  passengers  or  of  a  like  kind  of  propcrt.y,  under  sub- 
stantially similar  circumstances  and  conditions,  for  a  shorter  than  for 
a  longer  distance  over  the  same  line  in  the  same  direction,  the  shorter 
being  included  within  the  longer  distance;  but  this  shall  not  be  con- 
strued as  authorizing  any  such  common  carriers  to  charge  and  receive 
as  great  a  compensation  for  a  shorter  as  for  a  longer  distance  haul. 

"Extortion"  defined. 

§  32.  If  any  transportation  company,  or  any  officer  or  agent  of  any 
transportation  company  subject  to  thig  act,  shall  hereafter  willfully 
charge,  collect,  demand  or  receive  from  any  person,  firm  or  corporation 
a  greater  rate,  charge  or  compensation  than  the  rate,  charge  or  com- 
pensation published  as  in  this  act  provided,  such  transportation  company 
or  such  officer  or  agent  thereof,  as  the  case  may  be,  shall  be  deemed 
guilty  of  extortion,  which  is  hereby  declared  a  misdemeanor,  and  on 
conviction  thereof  shall  be  fined  in  a  sum  not  less  than  five  hundred 
dollars  and  not  more  than  five  thousand  dollars. 

Rebates. 

§  33.  If  any  transportation  company  subject  hereto  shall,  directly  or 
indirectly,  by  any  special  rate,  rebate,  drawback,  or  other  practice, 
method  or  device,  charge,  demand,  collect  or  receive  from  any  person, 
company,  firm  or  corporation,  a  greater  or  less  compensation  for  any 
service  rendered,  or  to  be  rendered  by  it  in  the  transportation  of  pas- 
sengers or  freiglat,  than  it  charges,  demands,  collects  or  receives  from 
any  other  person,  company,  firm  or  corporation  for  doing  a  like  and 
contemporaneous  service  in  the  transportation  of  a  like  kind  of  traffic, 
under  substantially  similar  circumstances  and  conditions,  such  transpor- 
tation company  shall  be  deemed  guilty  of  unjust  discrimination,  which 
is  hereby  prohibited. 

Undue  preference. 

§  34.  It  shall  also  be  unjust  discrimination  for  any  such  transporta- 
tion company  to  make  or  give  any  undue  or  unreasonable  preference  or 
advantage  to  any  particular  person,  company,  firm,  corporation,  or  local- 
ity, or  to  any  particular  description  of  traffic,  in  any  respect  whatsoever, 
or  to  subject  any  particular  description  of  traffic,  in  any  respect  what- 
soever, or  to  subject  any  particular  person,  company,  firm,  corporation 
or  locality,  or  any  particular  description  of  traffic  to  any  undue  or  un- 
reasonable prejudice  or  disadvantage  in  any  respect  whatsoever. 

Penal  clause. 

§  3-41/2.  Any  transportation  company  guilty  of  unjust  discrimination, 
as  defined  in  this  act,  shall  be  guilty  of  a  misdemeanor,  and  on  convic- 
tion thereof  shall  be  fined  in  a  sum  not  less  than  five  hundred  dollars, 
and  not  more  than  five  thousand  dollars.  Every  officer  and  agent  of 
any  such  company  who  shall  violate,  or  who  proeuree,  aids  or  abets  any 


Act  2921,  §§  35-37  GENERAL  LAWS.  1076 

violation  by  such  company  of  any  of  the  provisions  of  sections  33  and 
34  of  this  act  shall  be  guilty  of  a  misdemeanor. 

Interchange  of  traffic. 

§  35.  All  transportation  companies  subject  to  the  provisions  of  this 
act  shall,  according  to  their  respective  powers,  afford  all  reasonable, 
proper  and  equal  facilities  for  the  interchange  of  traffic  between  their 
respective  lines,  and  for  the  receiving,  forwarding,  and  delivery  of 
passengers  and  property  to  and  from  their  several  lines  and  those  con- 
nected therewith,  and  shall  not  discriminate  in  their  rates  and  charges 
between  such  connecting  lines;  but  this  shall  not  be  construed  as  re- 
quiring any  such  transportation  company  to  give  the  use  of  its  tracks 
or  terminal  facilities  to  another  transportation  company  engaged  in  like 
business. 

False  billing. 

§  36.  Any  officer  or  agent  of  any  transportation  company  subject  to 
this  act  who  by  means  of  false  billing,  false  classification,  false  weight, 
or  by  any  other  device,  shall  willfully  suffer  or  permit  any  person  or 
persons  to  obtain  transportation  for  property  at  less  than  the  published 
rates  then  in  force,  or  who,  by  means  of  false  billing,  false  classifica- 
tion, false  weighing,  or  by  any  device  whatever  shall  willfully  charge 
any  person,  firm  or  corporation  more  for  the  transportation  of  property 
than  the  published  rates,  shall  be  guilty  of  a  misdemeanor,  and  on  con- 
viction thereof  siall  be  fined  in  a  sum  of  not  less  than  five  hundred 
dollars  and  not  more  than  five  thousand  dollars. 

Company  responsible  for  act  of  agent.    Soliciting  favors  of  company  by 

shipper. 

§37.  The  act,  omission  or  failure  of  any  officer,  agent  or  other  per- 
son acting  for  or  employed  by  any  transportation  company  subject  to 
the  provisions  of  this  act,  or  shipper,  acting  within  the  scope  of  his 
employment,  shall,  in  every  case,  be  also  deemed  to  be  the  act,  omis- 
sion or  failure  of  such  transportation  company  or  shipper,  as  well  as 
that  of  the  person.  The  willful  failure  upon  the  part  of  any  transpor- 
tation company  subject  to  the  provisions  of  this  act  to  file  and  publish 
the  tariff  or  rates  and  charges  as  required  by  this  act,  shall  be  a  mis- 
demeanor, and  upon  conviction  thereof  the  transportation  company  of- 
fending shall  be  subject  to  a  fine  of  not  less  than  five  hundred  dollars 
and  not  more  than  five  thousand  dollars. 

It  shall  be  unlawful  for  any  person,  persons  or  corporation  willfully 
to  offer,  grant  or  give,  or  to  solicit,  accept  or  receive  any  advantage  or 
discrimination  in  respect  to  the  transportation  of  any  property  in  the 
intra-state  commerce  of  this  state,  whereby  any  such  property  shall,  by 
any  device  whatever,  be  transported  at  a  less  rate  than  that  named  in 
the  tariffs  published  and  filed  by  such  transportation  company  as  re- 
quired by  this  act,  or  whereby  any  other  advantage  is  given  or  dis- 
crimination practiced.  Every  person  or  corporation  who  shall  so  offer, 
grant  or  give,  or  shall  go  solicit,  accept  or  receive  any  such  advantage 


1077  RAILROADS.  Act  2921,  §§  38-40» 

or  discrimination  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  con- 
viction thereof  shall  be  punished  by  a  fine  of  not  less  than  five  hundred 
dollars  and  not  more  than  five  thousand  dollars;  except  that  where  the 
advantage  given  or  discrimination  practiced  shall  be  in  the  transporta- 
tion at  a  less  rate,  as  aforesaid,  than  the  published  tariff  rate,  the  penalty 
on  conviction  shall  be  a  fine  of  not  less  than  one  thousand  dollars  and 
not  more  than  five  thousand  dollars. 

Every  offense  created  by  this  act  shall  be  prosecuted  in  a  court  hav- 
ing jurisdiction  of  offenses  within  the  city,  city  and  county,  or  county 
in  which  such  offense  was  committed;  and  whenever  the  offense  is  be- 
gun in  one  jurisdiction  and  completed  in  another,  it  may  be  proceeded 
against  in  either. 

Liability  for  damages. 

§  38.  In  case  any  transportation  company  subject  to  this  act,  or  any 
person  or  corporation  within  the  provisions  hereof,  shall  do,  cause  to 
be  done,  or  permit  to  be  done,  except  unintentionally  or  innocently 
through  a  mistake  of  fact,  any  matter,  act  or  thing  in  this  act  prohibited 
or  declared  to  be  unlawful,  or  shall  similarly  omit  to  do  any  act,  mat- 
ter or  thing  herein  required  by  this  act  to  be  done,  such  transportation 
company,  person,  or  corporation  shall  be  liable  to  the  penalties  herein- 
before provided  for,  and  shall,  in  addition,  be  liable  to  the  person  or 
persons,  firm  or  corporation  injured  by  such  act  or  omission  for  the  dam- 
ages proximately  resulting  therefrom;  and  in  addition  to  such  damages, 
such  transportation  company,  in  all  cases  where  the  same  shall  be  guilty 
of  extortion  or  unjust  discrimination  as  defined  in  this  act,  shall  pay 
to  such  person,  firm  or  corporation  so  injured  a  penalty  of  not  less  tlaan 
five  hundred  dollars  and  not  more  than  five  thousand  dollars. 

Free  passes. 

§  39.  No  railroad  or  other  transportation  company  shall  grant  free 
passes,  or  passess,  or  tickets,  at  a  discount,  to  any  person  holding  any 
office  of  honor,  trust,  or  profit  in  this  state,  and  every  transportation 
company  issuing  free  passes  or  tickets  at  a  discount  in  violation  of  the 
provisions  of  this  section  shall  be  deemed  guilty  of  a  misdemeanor, 
and  for  each  offense  shall  be  punished  by  a  fine  of  not  less  than  five 
hundred  dollars  nor  more  than  five  thousand  dollars. 

Published  rate  to  be  deemed  just. 

§  40.  In  all  actions  between  private  parties  and  transportation  com- 
panies subject  to  the  provisions  of  this  act,  in  respect  to  any  rate, 
charge,  order,  rule  or  regulation  published  as  required  by  this  act,  the 
published  rate,  charge,  order,  rule  or  regulation  shall  be  deemed  to  be 
just  and  reasonable,  and  shall  not  be  open  to  controversy  except  in  and 
by  way  of  such  proceedings  for  that  purpose  before  the  commission 
and  the  courts  as  are  provided  for  in  this  act. 

Investigations  by  interstate  commerce  commission. 

§  iOa.  The  said  commission  is  hereby  authorized  and  directed  when 
public    interests    require,   to    file    petitions    for    investigations,    or    cona- 


Act  2921,  §§  40c,  40d  GENERAL  LAWS.  1078 

plaint  or  complaints,  with  the  interstate  commeree  commission,  and  to 
file  such  suit  or  suits,  in  tribunals  or  courts  of  competent  jurisdiction 
as  are  permitted  under  the  terms  of  what  is  known  as  the  interstate 
commerce  act,  complaining  of  anything  done,  or  omitted  to  be  done  by- 
common  carriers  subject  to  the  provisions  of  the  interstate  commerce 
act.  Said  board  is  also  hereby  authorized  and  instructed  to  file  peti- 
tions for  investigations,  or  complaint,  or  complaints,  and  to  commence 
such  suit  or  suits,  in  tribunals,  or  courts  of  competent  jurisdiction, 
complaining  of  the  order,  or  orders,  of  any  transcontinental  railroad 
company,  or  other  common  carriers,  either  railroad  or  steamship,  raising 
freight  rates,  or  entering  into  contracts  or  combinations  to  raise,  or 
maintain  rates,  or  to  take  any  action  that  will  prevent  competition,  to 
and  from,  or  to  or  from,  California  points  to  points  in  the  United  States 
outside  of  California.  The  attorney  general  is  hereby  directed  to 
represent  said  board  and  the  people  of  the  state  of  California,  in  any 
proceeding  commenced  under  the   provisions  of  this  section. 

Co-operation  with  interstate  commerce  commission. 

§40c.  The  said  commission  is  hereby  empowered  and  directed  to  co- 
operate with  the  interstate  commerce  .commission  in  the  investigation 
of  discriminations  in  charges  of  facilities  for  transportation  of  passen- 
gers or  freight  made  by  any  railroad  or  other  transportation  company, 
between  places  or  persons,  or  in  the  facilities  for  the  transportation  of 
the  same  classes  of  passengers  or  freight  within  this  state,  or  coming 
from  or  going  to  any  other  state,  and  to  that  end  and  for  either  of 
said  purposes  shall  arrange  for  joint  meetings  with  the  interstate  com- 
merce commission  or  any  section  thereof  in  the  various  commercial  and 
industrial   centers   of   this  state. 

Sessions  of  state  board,  to  be  held  where. 

§  40d.  The  state  board  of  railroad  commissioners  shall  meet  and  hold 
a  session  of  such  board  for  the  purpose  of  investigating  any  discrimina- 
tions, or  any  complaint  of  any  citizen  of  this  state,  against  any  rail- 
road or  other  transportation  company  at  least  once  every  six  months, 
commencing  May  1,  1909,  at  each  of  the  following  cities:  San  Fran- 
cisco, Los  Angeles,  San  Diego,  Stockton,  Sacramento,  Oakland,  Fresno, 
San  Jose,  Santa  Barbara,  Eedding,  Bakersfield,  Marysville,  San  Ber- 
nardino and  Eureka,  and  at  such  other  cities  or  towns  in  counties  other 
than  those  in  which  the  cities  hereinabove  named  are  respectively  situ- 
ated, when  a  petition  for  a  meeting  of  such  board  i?  filed  with  the 
secretary  thereof  by  ten  shippers.  Notice  of  such  meetings  shall  be 
given  by  said  board  by  advertising  same  for  a  period  of  one  week  in 
one  or  more  daily  newspapers  published  in  the  city  and  county  of  Snn 
Francisco,  and  for  a  like  period  in  a  daily  newspaper  in  the  county 
where  any  meeting  is  to  be  held  if  there  be  one  published  therein,  if 
not,  then  for  a  .period  of  two  weeks  in  a  weekly  newspaper  published 
therein.  Such  notice  shall  contain  a  request  for  the  public  interested 
in  transportation  matters  to  appear  and  present  any  complaints  or  file 
petitions  for  better  facilities  or  for  reduction  of  rates.     At  such  meet- 


1079  RAILROADS.  Acts  2922-2924 

ings  testimony  may  be  taken  in  support  of  suoh  complaint  or  petition. 
If  demanded  by  any  railroad  or  other  transportation  company,  affected 
by  such  complaint  or  petition,  the  board  may  hear  such  testimony  as 
such  company  may  present;  whereupon  such  board  shall  take  such  pro- 
ceedings on  such  complaint  or  petition  as  may  be  authorized  by  the 
constitution  and  laws  of  this  state.  The  testimony  taken  at  all  hear- 
ings of  such  board  authorized  by  the  provisions  of  this  act  shall  be 
reduced  to  writing,  and  a  copy  of  the  same  shall  be  reported  to  the 
legislature  at  the  beginning  of  each  regular  session  thereof. 

Construction  of  certain  words. 

§41.  The  words  "commission,"  "commissioners"  and  "railroad  com- 
mission," as  used  in  this  act,  shall  be  construed  as  meaning  the  board 
of  railroad  commissioners  of  the  state  of  California,  and  the  word 
"commissioner"  as  used  in  this  act  shall  be  construed  as  meaning  any 
one  of  the  members  of  the  board  of  railroad  commissioners  of  the  state 
of  California. 

To  what  carriers  applies. 

§  42.  This  act  shall  be  construed  and  held  to  apply  only  to  the 
transportation  of  property  and  passengers  within  the  state  of  Cali- 
fornia. 

Repeal  of  certain  acts. 

§  43.  An  act  entitled  "An  act  to  create  the  office  of  commissioner  of 
transportation,  and  to  define  its  powers  and  duties;  to  fix  the  maximum 
charges  for  transporting  passengers  and  freights  on  certain  railroads, 
and  to  prevent  extortion  and  unjust  discrimination  thereon,"  approved 
April  1,  1878,  and  also  an  act  entitled  "An  act  to  organize  and  define 
the  powers  of  the  board  of  railroad  commissioners,"  approved  April  15, 
1880,  and  all  acts  or  parts  of  acts  inconsistent  with  the  provisions  of 
this  act,  are  hereby  repealed. 

§  44.     This  act  shall  take  effect  immediately. 

Former    act    concerning   powers    of    railroad    commissioners:    See    Stats.    1880, 
p.   45.      Repealed  1909,   499:    See  post,   Act   2935. 

Citations.      Cal.  79/164;   105/320;    132/678,   687. 

ACT  2922. 

To  provide  for  the  construction  of  a  railroad  from  Tone  to  Snttcr  Creek 
or  Jackson.     [Stats.  1877-78,  p.  841.] 

ACT  2923. 

Granting  right  of  way  and  station  grounds  to  the  Southern  California 
Eailwav  Company  over  a  portion  of  the  asylum  grounds  in  San 
Bernardino  County.     [Stats.  1893,  p.  121.] 

ACT  2924. 

Relating  to  the  operation  of  railroads.     [Stats.  1893,  p.  208.] 
Citations.     Cal.  121/658. 
Codified  by  §  465a  of  Civil  Code. 


Acts  2925-2931  GENERAL  LAW3.  1080 

This  act  authorized  railroads  nsing  steam  to  nse  electricity  or  steam,  or  hoth, 
provided  that  in  incorporated  cities  of  more  than  &fa  thousand  inhabitants  au- 
thority must  bo  obtained. 

ACT  2925. 

To  compel  the  operation  of  railroads.     [Stats.  1880,  p.  43.] 
Codified  by   §  468  of  Civil  Code. 
Citations.     App.  3/683. 

ACT  2926. 

To  provide  for  the  management  and  operation  of  railroads  above  centain 
elevations.     [Stats.  1897,  p.  5.] 
Codified  by    §  468   of  Civil  Code. 

ACT  2927. 

To  enable  railroad  companies  to  complete  their  roads.     [Stats.  1877-78, 
p.  944.] 
This  act  appears  in  full  in  Appendix,  Civil  Code,  p.  1929. 

ACT  2928. 

To  ratify  ordinances  passed  by  the  governing  bodies  of  municipal  cor- 
porations,  giving  permission   to   propel   cars   by   electricity.     [Stats. 
1891,  p.   12.] 
This  act  appears  in  full  in  Appendix,  Civil  Code,  p.  1929. 

ACT  2929. 

Kates  of  fare  on  street  railroads  in   cities  of  more  than  one  hvmdred 
thousand  inhabitants.     [Stats.  1877-78,  p.  18.] 
This  act  appears  in  full  in  Appendix,  Civil  Code,  p.  1930. 

ACT  2930. 

Requiring  street  railroad  corporations  to  allow  United  States  mail  car- 
riers to  ride  free  of  charge.     [Stats.  1893,  p.  44.] 
This  act  appears  in  full  in  Appendix,  Civil  Code,  p.  1932. 

ACT  2931. 

An  act   to  authorize  cities   and  towns  to   grant  franchises  for  the  con- 
struction  and   maintenance   of   railroads   beyond   the   limits   of   such 
cities  or  towns  leading  to  public  parlis  owned  thereby. 
[Became   a   law,   under   constitutional   provision,   without   governor's   ap- 
proval, March  1,  1897.     Stats.  1897,  p.  46.] 
"See    1901,    p.    267;    1907,   p.    780;    in   both    of   which   references    this    act   is 
incorrectly   referred   to   as   chapter   forty   instead   of   chapter   fifty." — Code   Com- 
missioners'  Note. 

§  1.  It  shall  be  lawful  for  the  council,  trustees,  or  other  governing 
body  of  any  city  or  town  owning  public  parks  situated  outside  of  said 
city  or  town,  to  grant  franchises  for  the  building  and  operation  of  rail- 


1081  RAILROADS.  Acts  2932, 2933 

roads  from  any  point  in,  or  at  the  exterior  boundary  of  such  city  or 
town,  to,  in,  or  through  such  park,  in  the  same  manner  and  to  the 
same  extent  as  it  now  has  power  to  grant  the  same  for  street  railroads 
within  the  limits  of  such  city  or  town;  provided,  that  in  addition  to  all 
other  conditions,  it  shall  be  made  a  condition  of  such  franchise  that  the 
fare  of  passengers  on  such  road  or  roads  shall  never  exceed  five  cents 
for  a  single  trip. 

§  2.  All  railroads,  except  as  otherwise  provided  in  this  act,  author- 
ized by  this  act  to  be  so  chartered  shall  be  governed  by  the  provisions 
of  Part  IV,  Title  IV,  of  the  Civil  Code  of  California,  concerning  street 
railroads  and  corporations,  so  far  as  the  same  shall  be  applicable  thereto, 
and  of  all  acts  amendatory  thereof.  Also  by  the  provisions  of  "An  act 
providing  for  the  sale  of  railroad  and  other  franchises  in  municipalities 
and  relative  to  granting  of  franchises,"  approved  March  twenty-third, 
eighteen  hundred  and  ninety-three. 

§  3.     This  act  shall  take  effect  immediately. 

ACT  2932. 

To   promote  the   safety  of   employees  and   passengers  upon   street  rail- 
roads, by  compelling  equipment  of  cars  and  dummies  with  fenders 
and  brakes,  and  to  prescribe  penalties.     [Approved  March  22,  1899. 
Stats.  1899,  p.  183.] 
Codified  by  §  369a  of  Penal  Code,  1905. 

ACT  2933. 

An  act  requiring  persons,  corporations,  receivers  or  trustees  operating 
lines  of  railway  to  furnish  cars  for  shipment  of  freight  upon  written 
application  from  shippers  of  freight  and  providing  a  penalty  and 
damages  to  be  paid  by  such  persons,  corporations,  receivers  or  trus- 
tees to  shippers  for  failure  to  do  so  and  providing  a  penalty  and 
damages  to  be  paid  to  persons,  corporations,  receivers  or  trustees 
operating  such  railway  lines  by  the  applicant  or  shipper  for  failure 
to  load  or  unload  cars  so  furnished. 

[Approved  April  20,  1909.     Stats.  1909,  p.  1007.] 

Duty  of  railroads  to  supply  cars  to  shippers.  Time  in  which  to  furnish 
cars. 
§  1.  When  the  owner,  or  manager  or  shipper  of  any  freight  of  any 
kind  shall  make  application  in  writing  to  any  superintendent,  agent  or 
other  person  in  charge  of  transportation  of  any  railway  company  or  per- 
son, corporation,  receiver  or  trustee  ojierating  any  line  of  railway,  at  the 
point  where  cars  are  desired  upon  which  to  ship  any  freight,  it  shall  be 
the  duty  of  such  railway  company,  corporation,  receiver,  trustee  or  other 
person  in  charge  thereof,  to  supply  the  number  of  ears  so  required  at 
the  point  indicated  in  the  application  within  the  time  hereinafter  spec- 
ified after  receipt  of  such  application,  and  such  railway  company,  person, 
corporation,  trustee  or  receiver  shall  supply  such  cars  to  the  persons  so 


Act  2933,  §  I  2-4  GENERAL  LAWS.  1082 

applying  therefor  in  the  order  in  which  such  applications  are  made  with- 
out giving  any  preference  to  any  person;  provided,  if  the  application  be 
for  ten  cars  or  less,  the  same  shall  be  furnished  in  five  days;  provided, 
if  the  application  be  for  ten  cars  and  less  than  fifty  cars  the  same  shall 
be  furnished  in  ten  days;  and  provided  further,  that  if, the  application  be 
for  fifty  cars  or  more,  such  railway  company,  person,  corporation,  re- 
ceiver or  trustees  shall  have  fifteen  full  days  in  which  to  supply  the  cars, 
if  the  application  be  for  cars  for  the  transportation  of  perishable  freight 
the  number  of  cars  applied  for  shall  be  furnished  within  forty-eight 
hours;  provided,  that  the  point  to  which  said  freight  is  to  be  shipped  is 
on  the  line  of  the  railway  company  to  which  such  application  for  cars 
is  made  or  on  the  line  of  a  railroad  with  which  the  railway  company  to 
which  such  application  is  made  has  connections  and  to  which  point  it 
ordinarily  receives  freight  for  shipment;  and  provided  further,  that  rail- 
way companies  to  which  such  application  may  be  made  shall  not  be 
obligated  under  the  terms  hereof  to  furnish  cars  of  any  class  required 
for  the  transportation  of  the  class  of  commodity  to  be  shipped  and  for 
which  application  is  made,  unless  it  owns  or  usually  operates  such  class 
of  cars.  All  cars  supplied  in  compliance  with  the  provisions  of  this  sec- 
tion shall  be  suitable  for  the  purpose  for  which  they  are  ordered.  The 
time  herein  stated  for  the  delivery  of  cars  mentioned  in  any  such  applica- 
tion shall  begin  to  run  from  the  hour  of  7  o'clock  A.  M.  of  the  next  day 
following  the  day  of  the  receipt  of  any  such  application  by  the  railway 
company,  corporation,  receiver,  trustee  or  other  person  in  charge  to  whom 
it  is  given. 

Application  shall  state  what. 

§2.  Said  application  for  cars  shall  state  the  number  of  cars  desired, 
the  kind  of  freight  to  be  shipped,  the  point  of  destination,  the  time  and 
place  at  which  they  are  desired;  provided,  that  the  place  designated  where 
the  cars  are  to  be  furnished  shall  be  at  some  station  or  switch  on  the  rail- 
road of  the  person,  corporation,  receiver  or  trustee  to  whom  or  to  whose 
agent  such  application  is  made. 

Penalty  for  failure  to  furnish. 

§  3.  When  cars  are  applied  for  under  the  provisions  of  this  act,  if 
they  are  not  furnished  as  herein  provided,  the  railway  compan}^,  person, 
corporation,  receiver  or  trustee  so  failing  to  furnish  them  shall  be  liable 
and  immediately  indebted  to  the  party  or  parties  so  applying  for  said 
car  or  cars  in  the  sum  of  five  dollars  per  day  for  each  car  failed  to  be  so 
furnished,  to  be  recovered  in  any  court  of  competent  jurisdiction,  and  in 
addition  all  actual  damages  that  such  applicant  may  sustain  by  the  fail- 
ure to  furnish  said  car  or  cars. 

Deposit  of  freight  charges.     Failure  of  applicant  to  load  cars;  penalty  for. 

§  4.  Such  applicant  shall,  at  the  time  of  applying  for  such  car  or 
cars,  deposit  with  the  agent  of  such  company  or  with  such  person,  cor- 
poration, receiver  or  trustee  one-fourth  of  the  amount  of  the  freight 
charge  for  the  use  of  such  car  or  cars,  if  such  agent,  or  such  person,  cor- 


1083  RAILROADS.  Act  2933,  §  5 

poration,  receiver  or  trustee  shall  require  such  deposit;  and  such  applicant 
shall  within  forty-eight  hours  after  such  car  or  cars  have  been  delivered 
and  placed  as  heretofore  provided  fullj^  load  the  same;  and  upon  failure 
to  do  so,  he  shall  be  liable  and  immediately  indebted  and  pay  to  such 
company,  person,  corporation,  receiver  or  trustee  the  sum  of  six  dollars 
per  day  for  each  car  not  used;  provided,  that  where  applications  are  made 
on  several  days,  all  of  which  are  filled  upon  the  same  day,  the  applicant 
shall  have  forty-eight  hours  to  load  the  car  or  cars  furnished  on  the  first 
application,  and  the  next  forty-eight  hours  to  load  the  car  or  cars  fur- 
nished on  the  next  application,  and  eo  on;  and  the  penalty  herein  pre- 
scribed shall  not  accrue  as  to  any  car  or  lot  of  cars  applied  for  on  any 
one  day,  until  the  period  within  which  they  may  be  loaded  has  expired, 
and  if  the  said  applicant  shall  not  use  such  cars  so-  ordered  by  him,  he 
shall  forfeit  and  pay  to  the  said  railroad  company  in  addition  to  the 
penalty  herein  prescribed,  the  actual  damages  that  such  company  may 
sustain  by  the  failure  of  the  applicant  to  use  said  cars.  Every  such 
company,  person,  corporation,  receiver  or  trustee  shall  have  a  lien  upon 
any  deposit  made  in  accordance  with  this  section  for  any  damages  or 
penalties  accruing  to  it  by  failure  to  load  any  car  or  cars  delivered  and 
placed  as  in  this  act  provided. 

Cars  must  be  moved  when  loaded.  Time  for  unloading  cars.  Demurrage. 
§  5.  The  time  within  which  said  cars  are  to  be  loaded  shall  begin  to 
run  from  the  hour  of  7  o'clock  A.  M.  of  the  day  next  following  the  day 
the  same  are  furnished  at  the  place  required  and  at  the  time  specified 
in  the  application  therefor.  If  the  said  applicant  shall  not  use  such  cars 
so  ordered  by  him,  he  shall  so  notify  the  railroad  furnishing  the  same, 
and  he  shall  be  liable  for  the  penalty  above  set  forth  to  the  railway  com- 
pany, corporation,  receiver,  trustee  or  other  person  in  charge  furnishing 
the  same  for  the  period  of  one  day  after  said  notification.  When  cars 
have  been  furnished  and  loaded  it  shall  be  the  duty  of  the  railway  com- 
pany, corporation,  receiver,  trustee  or  other  person  in  charge  to  promptly 
remove  the  same  from  the  point  where  loaded  and  deliver  the  same  to 
the  connecting  railroad  or  to  the  person  or  persons  to  whom  they  are 
consigned,  within  a  reasonable  time.  All  persons  to  whom  cars  are 
consigned  shall  unload  the  same  within  forty-eight  (48)  hours  after  de- 
livery thereof  to  the  said  consignee  at  the  usual  and  appropriate  point 
of  unloading;  and  upon  failure  to  unload  said  car  or  cars  witliin  the  time 
herein  specified,  after  the  delivery  thereof  as  herein  stated,  the  consignee 
thereof  shall  be  liable  and  shall  be  held  to  be  immediately  indebted  to 
the  railway  company,  corporation,  receiver,  trustee  or  other  person  in 
charge,  delivering  said  cars,  in  the  sum  of  six  dollars  per  day,  or  fraction 
of  a  day,  for  each  car  so  left  unloaded.  The  time  for  unloading  such 
cars  shall  be  computed  in  the  manner  hereinbefore  prescribed  for  loading 
cars.  Nothing  in  this  act  contained  shall  be  construed  to  prevent  any 
railway  company,  person,  corporation,  receiver  or  trustee,  operating  any 
line  of  railway  from  making  and  enforcing  any  and  all  necessary  rules 
for  demurrage  to  insure  the  loading  and  unloading  of  cars  within  twenty- 
four  hours  after  delivery  thereof  to  consignors  or  consignees  at  the  usual 


Acts  2934,  293?  GENERAL  LAWS.  1084 

and  appropriate  point  of  loading  or  unloading;  provided,  the  rate  or 
charge  for  demurrage  so  made  shall  not  exceed  three  dollars  for  the  first 
day  after  said  period  of  twenty-four  hours  for  each  car,  and  thereafter 
the  rate  or  charge  for  demurrage  shall  be  the  sum  of  six  dollars  per  day 
for  each  car  as  hereinabove  in  this  section  provided. 

Claims  for  failure  to  furnish  cars. 

§  6.  Any  claim  which  any  person  may  have  against  any  railway  com- 
pany, corporation,  receiver,  trustee  or  other  person  in  charge,  for  failure 
to  furnish  cars  or  for  damages  sustained  by  reason  thereof,  shall  be  as- 
signable in  the  same  manner,  and  to  the  same  extent,  as  any  assignable 
claim  or  chose  in  action,  and  suit  or  action  for  the  collection  thereof  may 
be  brought  against  any  railway  company,  corporation,  receiver,  trustee 
or  other  person  in  charge  by  any  person  having  any  such  claim,  or  by 
the  assignee  thereof. 

What  evidence  necessary  in  suits. 

§  7.  It  shall  be  necessary  for  the  party  or  parties  bringing  suit  against 
any  railway  company,  person,  corporation,  receiver,  or  trustee  under  the 
provisions  of  this  act,  to  show  by  evidence  that  he  or  they  had  on  hand 
at  the  time  any  demand  for  cars  was  made  the  amount  of  oil,  lumber, 
wheat  or  other  grain,  wool,  hides,  fruit  or  other  freight,  necessary  to 
load  the  cars  so  ordered;  provided  no  charge  for  failure  of  any  railway 
company,  corporation,  receiver,  trustee  or  other  person  in  charge  to 
furnish  a  car  or  cars  as  herein  required'  shall  be  made  or  enforced,  or 
damages  therefor  claimed,  when  such  failure  is  caused  by  public  calamity, 
strikes,  washouts,  acts  of  God,  the  public  enemy,  mobs,  riots,  wrecks, 
fires  or  accidents.  The  causes  in  this  act  enumerated,  which  afford  an 
excuse  on  the  part  of  a  railroad  for  not  furnishing  the  cars  as  required, 
shall  likewise,  and  to  the  same  extent,  excuse  the  owner,  manager  or 
shipper  or  consignee  of  any  freight  from  all  liability  hereunder  for 
failure  to  load  or  unload  cars  as  herein  required. 

Act  applies  to  what  shipments. 

§  8.  This  act  shall  apply  only  to  shipments  begun  and  terminating 
within  the  state  of  California. 

ACT  2934. 

An  act  making  an  appropriation  to  assist  the  state  board  of  equalization 
in  gathering  data  in  the  several  counties  for  equalization  purposes, 
and  for  the  employment  of  expert  accountants  to  verify  reports  of 
railroad  companies  made  to  said  board.  [Approved  February  22, 
1909.  Stats.  1909,  p.  39.] 
This  act  appropriated  $25,000  for  the  purposes  indicated. 

TITLE  409. 
EAMIE  CULTUEE. 
ACT  2937. 

To  encourage  the  cultivation  of  ramie  in  the  state  of  California,  to  pro- 
vide a  bounty  for  ramie  fiber,  and  to  make  an  appropriation  there- 


1085  RECLAMATION  DISTRICTS.  Acts  2939-2946 

for;  to  appoint  a  state  superintendent  of  ramie  culture,  and  make  an 
appropriation    for    his    salary.     [Approved    March    31,    1891.     Stats. 
1891,  p.  283,] 
Uncoustitutional:  Murray  v.  Colgan,  94  Cal.  435. 

TITLE  410. 
BECLAMATION  DISTEICTS. 
ACT  2939. 

An  act  to  create  a  reclamation  district  to  be  called  "American  Kiver 
Eeclamation  District  Number  1,"  and  providing  for  the  control  and 
management  thereof.  [Approved  April  28,  1909.  Stats.  1909,  p. 
1127.] 

ACT  2940. 

An  act  to  create  a  reclamation  district  to  be  called  "Eeclamation  District 

No.   800,"   and   providing   for   the   control   and   management  thereof. 

[Approved  March  14,  1907.     Stats.  1907,  p.  259.] 

ACT  2941. 

An  act  to  create  a  reclamation  district,  to  be  called  "Eeclamation  Dis- 
trict Number  Seventy,"  and  providing  for  the  control  and  manage- 
ment thereof.     [Approved  March  21,  1905.     Stats.  1905,  p.  717.] 

ACT  2942. 

Providing  for  funding  of  indebtedness  of.     [Stats.  1871-72,  p.  835.] 
Amended  1873-74,  pp.  237,  585;    1875-76,  p.  888, 
Citations.      Cal.  45/357,  358  ;  47/233. 

ACT  2943. 

San  Joaquin  County,  Mormon  Slough,  authorizing  inhabitants  of  to  form 

a  reclamation  district.     [Stats.  1871-72,  p.  709.] 
ACT  2944. 

Sutter  County,  levee  district  No.  1,  defining  boundary  and  providing  for 
the  care  of,  etc.     [Stats.  1873-74,  p.  511.] 
Amended  1877-78,  p.  914;   1889,  p.  355;  1901,  p.  629;  1907,  p.  47. 
CiUtions.     Cal.  56/225;  68/544. 

ACT  2945. 

Sutter  County,  levee  district  No.  2,  funding  of  indebtedness  of.     [Stats. 

1875-76,  p.  155.] 
ACT  2946. 

Levee  district  No.  2,  Sutter  County,  defining  boundary  and  providing  for 
government  of.     [Stats.  1875-76,  p.  391.] 
Amended  and  supplemented   1893,  p.   199;   1895,  p.  236. 
See  ante,  Act  1917. 


Acts  2947-2956  GENERAL  LAWS.  1086 

ACT  2947. 

To  empower  the  trustees  of  levee  district  No.  1,  Sutter  County,  to  issue 
bonds  for  the  payment  or  funding  of  its  indebtedness.  [Stats.  1880, 
p.  30.] 

ACT  2948, 

To  define  the  boundaries  and  provide  for  the  government  of  levee  district 
No.  6,  Sutter  County.     [Stats.  1891,  p.  237.] 
Amended  1907,  p.  56. 

ACT  2949. 

To  provide  for  funding  the  indebtedness  of  levee  district  No.  6,  Sutter 

County,  and  to  provide  for  the  pavmeiit  of  such  funded  debt.     [Stats. 

1891,  p.  235.] 

ACT  2950. 

Conferring  additional  powers  upon  trustees  of  swamp  land  district  No.  17, 

in  San  Joaquin  County.     [Stats.  1875-76,  p.  781.] 
ACT  2951. 

Providing  for  the  payment  of  interest  on  trustees'  orders  against  certain 
swamp  lands.     [Stats.  1871-72,  p.  802.] 
This  act  related  to  swamp  land  districts  Nos.  50  and  54. 

ACT  2952. 

Reclamation  district  No.  54,  Sacramento  County,  ratifying.     [Stats.  1877- 

78,  p.  530.] 
ACT  2953. 

Sutter  County,  relating  to  swamp  land  district  No.  70.     [Stats.  1871-72, 
p.  719.] 
This  act  provided  that  the  warrant  should  bear  interest. 

ACT  2954. 

Swamp  land  district  No.  70,  to  reorganize.     [Stats.  1877-78,  p.  580.] 
Amended  1891,  p.  62.     Repealed  1907,  p.  16. 

ACT  2955. 

To  legalize  the  acts  of  the  supervisors  of  Yolo  County  in  forming  reclama- 
tion district  No.  108.     [Stats.  1871-72,  p.  776.] 
Citations.      Cal.  52/188;   53/350;   97/54. 

ACT  2956. 

An  act  to  provide  for  the  presentation  to  and  approval  by  the  board  of 

supervisors,  registration,  interest  upon,  time  of  payment  and  receipt 

in  payment  of  assessment  of  warrants  of  Reclamation  District  No. 

108,  situated  in  Colusa  and  Yolo  counties.     [Approved  April  16,  1909. 

Stats.  1909,  p.  940.] 

Former  act  on  this  subject:    See   Stats.    1871-72,  p.   696,   which  was  repealed 
la  1903,  Stats.  1903,  p.  53. 


1087  RECLAMATION  DISTRICTS.  Acts  2957-2968 

ACT  2957. 

Contra  Costa  County,  swamp  land  district  No.  118,  relative  to.     [Stats. 
1873-74,  p.  689.] 
This  act  validated  certain  acts  relating  to. 
ACT  2958. 

Swamp  land  reclamation  district  No.  118,  act  relating  to  assessment  in. 
[Stats.  1875-76,  p.  140.] 
Unconstitutional:  People  v.  Houston,  54  Cal.  536. 

ACT  2959. 

Eeclamation  district  No.  124,  Colusa  County.     [Stats.  1873-74,  p.  957.] 
Citations.     Cal.  68/516. 
This  act  legalized  this  district. 

ACT  2960. 

Swamp  land  district  No.  150,  Yolo  County,  formation  of.     [Stats.  1873- 
74,  p.  867.] 
Citations.     Cal.  98/52. 

ACT  2961. 

To  create  and  organize  reclamation  district  No.  205    Sacramento  County. 
[Stats.  1877-78,  p.  911.] 

Repealed  1880,  p.  25. 

Citations.     Cal.  117/122. 

ACT  2962. 

Swamp  land  district  No.  221,  San  Joaquin  County,  legalizing.     [Stats. 

1877-78,  p.  434.] 
ACT  2963. 
Eeclamation  district  No.  252,  Sacramento  County    establishing.     [Stats. 

1877-78,  p.  531.] 
ACT  2964. 
Creating  reclamation  district  No.  254,  Sacramento  County.     [Stats.  1877- 

78,  p.  909.] 
ACT  2965. 
Swamp  land  district  No.   307,  Yolo  County,  legalizing   proceedings  in. 

[Stats.  1877-78,  p.  250.] 
ACT  2966. 
Reclamation  district  No.  317,  Sacramento  County,  creating.     [Stats.  1877- 

78,  p.  562.] 
ACT  2967. 

Sacramento  County,  swamp  lands  in,  funds  for.     [Stats.  1871-72,  p.  881.] 
Repealed  1873-74,  p.  274. 
This  act  related  to  districts  Nos.   50   and  54. 

ACT  2968. 

Sacramento   County,    delinquent   reclamation    assessments,    collection   of, 
[Stats.  1873-74,  p.  885.] 


Acts  2969-2975  GENERAL  LAWS.  1088 

ACT  2969. 

San  Joaquin  County,  reclamation  districts  in.     [Stats.  1875-76,  p.  281.] 

ACT  2970. 

To  create  and  establish  two  new  reclamation  districts  of  this  state,  to  be 
known,  respectively,  as  Union  Island  Eeclamation  District  No.  1,  and 
Union  Island  Eeclamation  District  No.  2,  embracing  within  their  re- 
spective territorial  limits  a  portion  of  Union  Island,  in  San  Joaquin 
County;  to  define  the  boundaries  of  such  districts,  and  provide  for 
the  organization  and  government  thereof,  and  to  dissolve  all  other 
reclamation  districts  in  conflict  therewith.  [Approved  February  23, 
1903.     Stats.  1903,  p.  87.] 

ACT  2971. 

Yolo  and  Solano  counties,  supervisors,  powers  of.     [Stats.  1873-74,  p.  602.] 
This  act  authorized  the  supervisors  to  approve  petitions  for  the  formation  of 
reclamation  districts. 

ACT  2972. 

To  facilitate  equalization  of  assessments  in  reclamation  districts.     [Stats. 

1881,  p.  68.] 
ACT  2973. 

To  subject  certain  reclamation  districts  to  the  provisions  of  the  Political 
Code.     [Stats.  1885,  p.  77.] 
This  made  districts  organized  prior  to  January  1,   1873,   subject   to   the  pro- 
visions  of   the   code. 

Citations.     Cal.  144/644,  646, 

ACT  2974. 

Providing  for  the  dissolution  and  annulment  of  reclamation  districts  for 

nonuser  of  corporate  powers.     [Stats.  1899,  p.  13.] 
ACT  2975. 
An  act  to  provide  for  the  issuing  of  bonds  by  reclamation  districts,  and 

the   disposal  thereof  for  reclamation   and  other   purposes,  and   their 

payment  by  taxation  upon  the  property  situated  in  such  reclamation 

districts. 

[Approved  March  27,  1895.     Stats.  1895,  p.  197.] 

Amended  1909,  p.   933, 

§1.  Whenever  in  any  reclamation  district  in  this  state,  now  formed 
or  which  may  hereafter  be  formed  any  assessment  has  been  levied  and 
assessed  upon  the  lands  of  said  district  according  to  the  provisions  of 
the  Political  Code,  for  the  purpose  of  paying  the  cost  of  the  reclamation 
thereof  according  to  the  plans  thereof;  and  where  in  the  judgment  and 
opinion  of  the  board  of  trustees  of  said  district  it  would  be  difficult  or 
oppressive  for  the  land  owners  of  said  district  to  pay  the  same  or  any 
unpaid  portion  thereof  in  the  ordinary  way  in  which  such  assessments  are 
paidj  or  where  such  assessment  or  unpaid  portion  thereof  could  only  con- 


1089  RECLAMATION  DISTRICTS.  Act  2975,  §§  2, 3 

veniently  and  practically  be  paid  by  them  in  such  small  installments  and 
at  such  length  of  interval  as  would  seriously  delay  the  work  of  reclama- 
tion and  the  completion  thereof;  the  board  of  trustees  of  any  such  dis- 
trict shall  so  declare  by  order  entered  upon  the  records  of  said  board,  and 
shall  thereupon  order  a  special  election  to  be  held  at  some  place  in  said 
district  to  be  designated  by  said  board  of  trustees,  at  which  said  special 
election  shall  be  submitted  to  the  owners  of  land  in  said  district  the 
question  whether  or  not  the  bonds  of  said  district  shall  be  issued  in  an 
amount  necessary  to  construct  Said  works  of  reclamation,  and  equal  to 
the  amount  of  said  hereinbefore  mentioned  assessment,  which  said  amount 
shall  be  entered  by  said  board  of  trustees  in  its  records  and  stated  by 
them  in  the  order  for  such  special  election.  [Amendment  approved 
April  15,  1909.     Stats.  1909,  p.  933.] 

§  2.  Notice  of  such  special  election  must  be  given  by  the  board  of 
trustees  by  posting  notices  thereof  in  at  least  three  public  places  in  the 
district,  at  least  twenty  days  prior  thereto,  and  also  by  publication  for 
the  same  time  in  some  newspaper  published  in  each  county  in  which  any 
portion  of  said  district  may  be  situated,  if  there  be  a  newspaper  pub- 
lished in  each  of  such  counties,  and  if  there  is  no  newspaper  so  pub- 
lished, then  by  such  publication  in  each  county  in  which  there  is  a 
newspaper  published,  and  such  notice  must  specify  the  time  and  place 
of  holding  such  election,  the  amount  of  bonds  proposed  to  be  issued,  and 
the  names  of  three  landholders  of  the  district  to  act  as  a  board  of 
election. 

§  3.  At  such  election  each  holder  of  lands  in  the  district  shall  be 
entitled  to  vote  in  person  or  by  proxy,  and  shall  have  the  right  to  cast 
one  vote  for  each  dollar's  worth  of  real  estate  owned  by  him  in  the 
district,  the  value  thereof  to  be  determined  from  the  next  preceding 
assessment-roll  of  the  county  where  the  same  is  situated;  and  the  board 
of  trustees  of  the  district  shall,  prior  to  the  election,  procure  from  the 
assessor  of  each  county  where  any  portion  of  the  district  is  situated,  a 
list,  certified  by  such  assessor,  containing  a  description  of  all  the  land 
of  the  district  situated  in  such  county,  the  name  of  the  person  to  whom 
each  tract  is  assessed,  and  the  value  thereof  as  appears  from  the  assess- 
ment-roll of  said  county,  which  said  list  shall  be  furnished  to  and  be 
used  by  the  said  board  of  election  in  determining  the  number  of  votes 
each  voter  is  entitled  to  cast.  No  person  shall  vote  by  proxy  at  such 
election,  unless  authority  to  cast  such  vote  shall  be  evidenced  by  an 
instrument  in  writing,  duly  acknowledged  and  certified  as  grants  of  real 
property,  and  filed  with  the  board  of  election.  The  ballots  cast  at  such 
election  shall  contain  the  words  "Bonds — Yes,"  or  the  words  "Bonds- 
No,"  and  also  the  name  of  the  person  casting  the  ballot,  with  the  number 
of  votes  cast  by  him;  and  a  list  of  the  ballots  cast  shall  be  made  by  the 
board  of  election,  containing  the  name  of  the  voter,  and  if  the  ballot  be 
cast  by  proxy,  the  name  of  the  person  casting  it,  the  number  of  votes 
cast,  and  whether  the  same  be  cast  for  or  against  the  issuing  of  the 
bonds. 

Gen.  Laws — 69 


Act  2975,  §§  4-6  GENERAL  LAWS.  1090 

§  4.  If  the  persons,  or  any  of  them,  appointed  and  specified  in  the 
notice  of  election  as  the  board  of  election  fail  to  attend  at  the  time  and 
place  appointed  for  the  election,  the  voters  present  at  the  time  for  open- 
ing the  polls  may  appoint  any  landholder  of  the  district  then  present  to 
fill  the  place  of  any  absent  member  thereof.  Each  member  of  such  board 
of  election  must,  before  entering  upon  his  duties  as  such,  take  an  oflScial 
oath  as  such  member  of  the  board  of  election,  which  said  oath  may  be 
administered  by  any  officer  authorized  to  administer  oaths,  or  by  any 
landholder  in  the  district.  The  polls  shall  be  kept  open  for  the  reception 
of  votes  from  10  o'clock  A.  M.  until  4  o'clock  P.  M.  At  the  close  of  the 
polls  the  board  of  election  shall  at  once  proceed  to  canvass  the  votes,  and 
declare  the  result  and  forward  a  certificate,  showing  the  number  of  votes  . 
cast  for  and  against  the  issuing  of  bonds,  to  the  board  of  supervisors  of 
the  county  where  the  district  was  formed,  and  deliver  a  duplicate  thereof 
to  the  board  of  trustees  of  the  district,  and  shall  also  deliver  to  the  said 
board  of  trustees  all  ballots  cast  at  such  election,  and  all  documents  and 
papers  used  at  such  election. 

§  5.  If  a  majority  of  the  votes  cast  at  such  election  are  in  favor  of 
the  issuance  of  bonds,  the  board  of  trustees  of  the  district  shall  cause 
bonds  in  the  amount  stated  in  the  order  for  election  to  be  issued  and 
placed  in  the  custody  of  the  treasurer  of  the  county  in  which  the  district 
was  formed.  Said  bonds  shall  be  of  the  denomination  of  one  hundred 
dollars  each,  shall  be  negotiable  in  form,  signed  by  the  president  of  the 
board  of  trustees  of  the  district,  and  the  chairman  of  the  board  of  super- 
visors of  said  county,  and  attested  by  the  clerk  of  said  board  of  super- 
visors, and  the  seal  of  said  board  of  supervisors,  shall  be  numbered 
consecutively  as  issued,  and  bear  date  at  the  time  of  their  issue,  and 
shall  express  on  their  face  that  they  were  issued  by  authority  of  this 
act,  stating  its  title  and  date  of  approval,  and  the  date  of  the  election 
at  which  their  issuance  was  authorized.  Said  bonds  shall  bear  interest  at 
the  rate  of  seven  per  cent  per  annum,  payable  semi-annually  on  the  first 
day  of  January  and  the  first  day  of  July  in  each  year,  at  the  office  of 
said  county  treasurer,  upon  the  presentation  of  the  proper  coupons  there- 
for. Coupons  for  each  installment  of  interest  shall  be  attached  to  said 
bonds,  and  shall  be  numbered,  signed,  and  attested,  in  the  same  rnanner 
as  the  bond.  The  principal  of  said  bonds  shall  be  paid  as  follows,  to 
wit:  Ten  per  cent  of  the  whole  amount  of  bonds  issued,  according  to 
their  consecutive  numbers,  shall  be  paid  in  ten  years  from  the  date  of 
their  issue,  at  the  office  of  said  county  treasurer,  and  ten  per  cent  thereof 
each  succeeding  year  thereafter,  until  all  are  paid.  If  any  bond  shall  not 
be  presented  for  payment  when  the  same  becomes  due,  it  shall  cease  to 
draw  interest;  but  if  presented  at  such  time,  and  not  paid  for  want  of 
funds,  the  said  county  treasurer  shall  so  indorse  it,  and  thereafter  such 
bond  shall  draw  interest  until  paid,  at  said  rate  of  seven  per  cent  per 
annum,  payable  semi-annually. 

§  6.  The  treasurer  of  said  county  shall  place  the  bonds  prepared  pur- 
suant to  this  act  to  the  credit  of  said  district,  and  may  at  any  time  sell 


1091  RECLAMATION  DISTRICTS.  Act  2975,  §§  7-9 

any  of  said  bonds  for  the  best  price  obtainable  therefor,  but  in  no 
event  for  less  than  the  face  value  of  said  bond,  and  the  accrued  interest 
thereon.  Any  money  derived  from 'the  sale  of  said  bonds  by  said  county 
treasurer  shall  be  placed  in  the  treasury  to  the  credit  of  said  district, 
and  a  proper  record  of  such  transaction  be  placed  upon  the  books  of 
said  treasurer. 

§7.  The  board  of  trustees  of  said  district  may  draw  orders  upon  the 
said  county  treasurer,  payable  in  bonds  or  money  in  the  proportion  and 
to  the  amount  therein  named,  to  pay  for  labor  or  services  performed  for, 
or  materials  or  property  furnished  to,  said  district,  for  the  purpose  of 
constructing  the  reclamation  works  thereof,  and  the  expenses  necessarily 
incident  to  maintaining  the  same,  and  the  contingent  expenses  of  said 
district,  which  said  orders  shall  be  approved  by  the  board  of  supervisors 
of  the  county  where  such  district  was  formed,  and  thereafter  be  paid  by 
said  treasurer  in  the  manner  therein  provided  for  if  such  bonds  or  money 
then  remaining  in  said  treasury  to  the  credit  of  said  district  be  sufficient 
to  pay  the  same. 

§  8.  The  principal  of  said  bonds  and  the  interest  thereon  shall  be 
paid  by  revenue  derived  as  follows:  Thirty  days  before  any  sum  or 
sums  is  due  or  payable  on  account  of  the  principal  or  interest  or  both, 
of  said  bonds,  the  board  of  trustees  of  the  district  shall  determine  the 
total  amount  thereof,  and  shall  immediately  by  entry  on  its  minutes 
direct  that  such  an  installment  of  the  assessment  theretofore  declared 
on  the  lands  of  said  district  and  for  which  the  bonds  were  issued,  as 
may  be  necessary  to  pay  the  same,  together  with  such  other  indebtedness 
of  the  district  then  due  and  payable  as  the  board  may  see  fit  to  include, 
shall  be  collected  and  paid  into  the  county  treasury  to  the  credit  of  said 
district,  in  the  manner  and  form  now  provided  by  law  for  the  payment 
of  installments  of  reclamation  assessments.  Should  any  default  be  made 
in  the  payment  of  any  such  installment  hereinbefore  provided  for,  the 
same  may  be  collected  as  now  provided  by  law,  and  all  remedies  or  pro- 
ceedings now  provided  by  law  for  the  collection  of  reclamation  assess- 
ments, or  for  installments  thereof,  are  hereby  made  applicable  to  and 
available  for  the  collection  of  the  installments  herein  provided  for. 

When  such  installments  of  said  assessment  have  been  paid  in  and 
collected  in  pursuance  of  the  order  herein  provided  for,  the  whole  of 
said  sums  so  paid,  or  such  portion  thereof  as  may  be  necessary  for  the 
payment  of  all  interest  then  due  or  to  become  due  within  the  next  en- 
suing six  months,  or  for  the  payment  of  any  installment  of  the  principal 
of  said  bonds  then  due  or  to  become  due  within  the  ensuing  six  months 
shall  be  set  apart  by  the  county  treasurer  from  other  funds  to  the  credit 
of  the  district  and  shall  be  used  and  paid  out  by  him  only  for  the  pay- 
ment of  interest  on  such  bonds,  or  installments  of  the  principal  thereof, 
or  any  part  or  portion  of  either  or  both,  then  due  or  to  become  due  as 
aforesaid.     [Amendment  approved  April  15,  1909.     Stats.  1909,  p.  934.] 

§  9.  Whenever  any  such  reclamation  district  is  situated  partly  in 
different  counties,  any  installment  or  installments  of  assessment  as  herein 


Acts  2976,  2977  GENERAL  LAWS.  1092 

provided  for  shall  be  paid  as  provided  by  the  Political  Code  for  the 
payment  of  other  installments  of  reclamation  assessments.  All  sums  or 
taxes  or  installments  thereof  which  sliall  be  paid  to  the  treasurer  of  any 
county  other  than  the  treasurer  of  the  county  wherein  the  district  was 
formed,  shall  immediately  be  paid  by  said  treasurer  upon  the  order  of 
the  board  of  trustees  of  the  district,  to  the  treasurer  of  the  county 
wherein  the  district  was  formed,  who  shall  place  the  same  to  the  credit 
of  the  district  as  hereinabove  provided.  Said  board  of  trustees  must 
issue  said  order  to  said  treasurer  of  any  county  other  than  the  county 
in  which  the  district  was  formed,  immediately  upon  the  expiration  of 
twenty  days  after  the  payment  of  said  installment  of  taxes  shall  have 
been  ordered.  [Amendment  approved  April  15,  1909.  Stats.  1909,  p. 
934.] 

§  10.  No  assessor,  tax  collector,  treasurer,  or  clerk  shall  receive  any 
fee  for  any  service  required  to  be  performed  by  them  under  the  pro- 
visions of  this  act.  All  expenses  necessarily  incurred  in  carrying  out 
the  provisions  of  this  act  shall  be  paid  out  of  any  money  to  the  credit 
of  the  district  for  which  the  services  are  performed  in  the  treasury  of 
the  county  where  the  district  was  formed,  upon  the  order  of  the  board 
of  trustees  of  said  district,  approved  by  the  board  of  supervisors  of  said 
county. 

§  11.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

In  addition,  the  following  acts  may  be  referred  to: 

ACT  2976. 

Providing  for  appeals  from  orders  forming  reclamation  or  swamp  land 
districts,  setting  off  lands  from  such  districts,  or  consolidating  dis- 
tricts.    [Approved  April  16,  1880,  p.  119  (Ban.  ed.,  385).] 
Superseded  by  the  following  act: 

ACT  2977. 

An   act   providing  for  appeals  from  orders   of  the  board   of  supervisors 
forming   or   refusing   to   form   reclamation   or   swamp   land   districts, 
setting  off  lands  from  such  districts,  or  including  lands  in  such  dis- 
tricts, or  consolidating  swamp  land  or  reclamation  districts, 
[Approved  March  11,  1893.     Stats.  1893,  p.  174.] 

§  1.  Any  person  having  an  interest  affected  by  any  order  of  the  board 
of  supervisors  of  any  county,  approving  or  refusing  to  approve  any 
petition  for  the  formation  of  a  reclamation  or  swamp  land  reclamation 
district,  or  in  any  manner  creating  or  consolidating  such  districts,  or  in- 
cluding in  or  excluding  from  such  district  any  lands,  may,  within  thirty 
days  after  said  order  is  made,  appeal  therefrom  to  the  superior  court  of 
the  county. 

§2.  Such  appeal  shall  be  taken  and  prosecuted  in  the  manner  pre- 
scribed by  law  and  the  rules  of  said  superior  court  relating  to  appeals 


1093  RECLAMATION  DISTRICTS.  Acts  2978-2982 

from  inferior  courts,  and  the  matter  shall  be  tried  anew  in  said  superior 
court.  The  judgment  rendered  in  the  superior  court  in  such  matter  shall 
be  final.  Each  superior  court  held  in  any  county  of  the  state  in  which 
there  are  any  reclamation  or  swamp  land  reclamation  districts  shall  make 
rules  regulating  appeals  in  the  cases  hereinbefore  mentioned;  and  the 
clerk  of  the  board  of  supervisors  shall,  upon  a  notice  of  appeal  and  under- 
taking on  appeal  being  filed  with  him,  transmit  the  same,  and  all  papers 
and  documents  used  on  the  hearing  before  said  board,  to  the  clerk  of  the 
superior  court  in  and  for  said  county,  who  shall  thereupon  file  the  same 
without  receiving  any  fee  therefor. 

§  3.  This  act  shall  take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

§  4.  All  acts  and  parts  of  acts  in  conflict  with  the  provisions  of  this 
act  are  hereby  repealed. 

ACT  2978. 

An  act  legalizing  the  formation  and  organization  of  reclamation  district 
number  seven  hundred  and  thirty,  in  the  county  of  Yolo,  state  of 
California.     [Approved  March  6,   1909.     Stats.   1909,   p.   145.] 
See,   also,    act   of   1909,   p.   146,   fixing,    establishing   and  defining   the   exterior 
boundaries  of  this  district. 

ACT  2979. 

An  act  legalizing  the  formation  and  organization  of  reclamation  district 
number  seven  hundred  and  eighty-five,  in  the  county  of  Yolo,  state 
of   California.     [Approved  April   14,   1909.     Stats.   1909,  p.   896.] 

ACT  2980. 

An  act  legalizing  the  formation  and  organization  of  reclamation  district 
number  seven  hundred  and  eighty-seven,  in  the  county  of  Yolo,  state 
of  California.     [Approved  April  14,  1909.     Stats.  1909,  p.  899.] 

ACT  2981. 

An   act   authorizing  the  payment  of  assessments  levied   in   reclamation 
district  No.  791  to  be  made  to  the  county  treasurer  of  the  county 
of  Sacramento.     [Approved  March  8,  1909.     Stats.  1909,  p.  231.] 
See    act,    Stats.    1909,    p.    310,    authorizing    this    district    to    contract    for    and 
maintain    joint    levees    or    other    joint    works    of    reclamation    with    any    person, 
firm,    corporation,    district    or    municipality.      See,    also,    act    of    1909,    p.    297, 
authorizing   this    district   to    contract    for    the    disposition   of    drainage    and   flood 
waters   and   for  the   sale   thereof   to   any   person,   firm,   or  corporation    for  irriga- 
tion or  any  other  lawful  purpose. 

ACT  2982. 

An  act  providing  for  the  government  of  consolidated  swamp  land,  levee, 

or  reclamation  districts. 

[Approved  March  20,  1909.     Stats.  1909,  p.  576.] 

§1.  "Whenever  any  swamp  land,  levee  or  reclamation  districts  are  con- 
solidated,  the  consolidated   district   shall   be   known   by   the   name    and 


Acts  2983-2987  GENERAL  LAWS,  1094 

number  of  the  district  containing  the  larger  or  largest  area  of  lands  and 
thereafter  the  consolidated  district  shall  be  subject  to,  governed  by,  and 
administered  in  accordance  with  the  law  governing  or  applying  to  such 
district  from  which  the  name  or  number  is  taken. 

§  2.     This  act  shall  take  effect  immediately. 

ACT  2983. 

An  act  to  provide  for  the  recordation  of  contracts  and  subscription  agree- 
ments to  stock  in  water  users'  associations,  organized  in  conformity 
with  an  act  of  Congress,   approved  June   17,   1902,   and  to   regulate 
recorders'  fees  for  filing,  recording  and  indexing  same. 
[Approved  March  20,  1907.     Stats.  1907,  p.  749.] 

§  1.  All  county  recorders  in  this  state  are  hereby  authorized  and 
directed  to  accept  from  any  incorporated  water  users'  association,  organ- 
ized under  the  laws  of  the  state  of  California  for  the  purpose  of  securing 
the  benefits  of  an  act  of  Congress  approved  June  17,  1902,  known  as  the 
"Eeclamation  Act,"  books  containing  printed  copies  of  agreements  with 
the  United  States,  or  with  such  water  users'  association,  in  relation  to 
the  lands  affected  by  the  projects  provided  for  by  said  act,  and  copies 
of  blank  forms  of  subscription  agreements  to  the  capital  stock  of  such 
water  users'  associations,  or  the  transfer  thereof,  or  other  documents 
necessary  to  be  recorded  by  such  associations  and  to  use  such  form  books 
or  such  form  blanks  for  the  purpose  of  recording  the  same;  and  recorders 
shall  charge  for  filing,  recording  and  indexing  such  documents,  papers, 
writings  or  contracts  the  sum  of  twenty-five  cents  for  each  document. 

§  2.     This  act  shall  take  effect  immediately 

TITLE  411. 

RECORDERS. 
ACT  2984. 

To  legalize  acts  of  county  recorders  and  county  auditors.     [Stats.  1863- 
64,  p.  187.] 
Recorders  of  particular  counties:   See  particular  title. 

TITLE  412. 
BECORDS. 
ACT  2987. 

To  transfer  the  records,  papers,  and  bu-^.iness  of  the  courts  existing  on 
the  thirty-first  day  of  December,  1879,  in  this  state,  to  the  courts 
now  existing  therein.  [Approved  February  4,  1880.  Stats.  1880, 
p.  2.] 

Citations.      Cal.  57/542  ;  87/83  ;  89/128. 
This  act  appears  in  Appendix,  Code  of  Civil  Procedure,  p.  1969. 


1095  BED  BLUFF— REDWOOD  CITY.  Acts  2992-3010 

TITLE  413. 
RED  BLUFF. 
ACT  2992. 

Incorporating.     [Stats.  1875-76,  p.  637.] 
Amended    1877-78,    p.    116;     1891,    p.    108.     Repealed    by    incorporating,    in 
1895,  under  Municipal  Corporation  Act  of  1883. 

ACT  2993. 

To  authorize  the  county  judge  of  Tehama  County  to  distribute  town  lots 
held  by  him  in  trust  for  the  citizens  of  Eed  Bluff,  and  to  issue  cer- 
tificates of  title  to  the  inhabitants  in  accordance  with  their  respective 
interests.     [Stats.  1867-68,  p.  107.] 
Amended  1877-78,  p.  602. 

ACT  2994. 

Preventing  hogs  from  running  at  large  in.     [Stats.  1871-72,  p.  529.] 
See  statute  of  1897,  p.  198,  p.  9,  and  1901,  p.  603,  §  9. 

ACT  2995. 

To  prevent  hogs  from  running  at  large  in  the  towns  of  Eed  Bluff  and 
Tehama,  in  Tehama  County.     [Stats.  1873-74,  p.  776.] 
Repealed  1877-78,  p.   79. 

TITLE  414. 
EEDDING. 
ACT  3000. 

Change  of  name  of.     [Stats.  1873-74,  p.  32.] 
Repealed   1880,   p.    24. 
This  act  changed  the  name  from  Redding  to  Reading. 

TITLE  415. 
EED  MEN. 
ACT  3005. 

Concerning    corporations    for    charitable    and    beneficial    purposes,     [Stats. 
1869-70,  p.  726.] 
This    act    enabled    any    society    of    the    Improved    Order   of    Red    Men,    or   any 
other  society  for  charitable  or  beneficial  purposes,  to  incorporate. 

TITLE  416. 
EEDWOOD  CITY. 
ACT  3010. 

Incorporating.     [Stats.  1867-68,  p.  411,] 
Amended  1869-70,  p.  364;  1871-72,  pp.  712,  714.     Superseded  by  incorporat- 
ing in  1897  under  the  statute  of  1883. 
Citations.     Cal.  68/513. 


Acts  3011-3027  GENERAL  LAWS.  1096 

ACT  3011. 

Trustees    authorized    to    extend    and    open    Stambaugh    Street.     [Stats. 

1873-74,  p.  466.] 
ACT  3012. 

Election   of   clerk   of  board  of   trustees   and   superintendent   of   streets. 
[Stats.  1875-76,  p.  593.] 
Repealed   by   incorporating    city,    in    1887,    under   Municipal    Corporation    Act 
of  1883. 

RESTOEATION  OF  RECOEDS. 
See  ante,    "Burnt  or  Destroyed  Records  or  Documents." 

TITLE  417. 
EEVENUE. 
ACT  3017. 

To   provide   revenue  for  the   support   of  the   government   of   the   state. 
[Stats.  1861,  p.  419.] 
Amended   1862,   pp.    171,    172,   242,   254,   266,    538,    553;    1863,   pp.    30,    122, 
166,  712,  721,  732,  754;   1863-64,  pp.  45,  71,  92,  254,  499,  513;  1865-66,  pp.  607, 
660,    802;    1867-68,   pp.    82,    674;    1869-70,    p.    423;    1871-72,   pp.   295,    399. 
Citations.      Cal.  43/653;   47/150,   618;    63/531;    70/505,   506,   507;    119/685. 
Probably   entirely   superseded  by  Title   IX   of  Part   III  of   the  Political  Code 
end  County  Government  Acts. 

See  as  to  this  statute  Yolo  Co.  v.  Colgan,  132   Cal.  265. 

EIO  VISTA. 
See  tit.  "Brazos  del  Rio,"  ante. 

TITLE  418. 
EIVEESIDE  COUNTY. 

ACT  3022. 

To  create  the  county  of  Eiverside,  classify  it,  define  its  boundaries,  pro- 
vide for  its  organization,  and  the  appointment,  election  of  officers, 
the  location  of  county  seat  by  election,  and  the  adjustment  and  fulfill- 
ment of  certain  rights  and  obligations  arising  between  such  county 
and  certain  other  counties.  [Approved  March  11,  1893.  Stats.  1893, 
p.  158.] 
Citations.      Cal.  101/284;    108/222;    125/497;    134/518;    152/228. 

EOADS  AND  HIGHWAYS. 
See  "Highways" ;   "Parks." 

TITLE  419. 
EODEOS. 
ACT  3027. 

To  regulate  rodeos.     [Stats.  1851,  p.  445.] 
Amended   1852,  p.   102;    1855,  p.   163;    1858,  p.   70;    1861,   p.   180;    1865-66, 
p.   673;    1873-74,   p.   793.      Supplemented   1858,  p.   155. 

Continued  in  force  by  codes:  Penal  Code,   §  23;   Political  Code,   |  19. 


1097  ROUGH  AND  READY— SACRAMENTO  CITY.  Acts  3028-3043 

ACT  3028. 

Supplemental  to  act  concerning  rodeos.     [Stats.  1858,  p.  155.] 

TITLE  420. 
BOUGH  AND  READY. 
ACT  3033. 

To  change  the  name  of  the  town  of  "Eough  and  Ready,"  in  Scotts  Valley, 
Siskiyou  County,  to  Etna.     [Stats.  1873-74,  p.  346.] 

TITLE  421. 
SACRAMENTO  CITY. 
ACT  3037. 

Boundaries,  establishing.     [Stats.  1873-74,  p.  191.] 
Superseded  by  the  charter  of  Sacramento,  1893,  p.  547,   §  5. 

ACT  3038. 

To   incorporate.     [Stats.    1863,    p.   415.] 
Supplemented  1863-64,  pp.  258,  295.     Amended  1863-64,  pp.  198,  484;  1865- 
66,    p.    639;    1867-68,    p.    310;    1869-70,    p.    339;    1871-72,    pp.    243,    697,    768, 
860;    1877-78,   p.   590;    1889,  p.   148.      Superseded  by   the   charter  ratified  May 
17,    1892,    Stats.    1893,    p.    545. 

Citations.      Cal.  41/70;    85/411,    412;    89/391;    96/43;    102/111;     106/127; 
118/394,    398,    400. 

ACT  3039. 

Charter  of  Sacramento.     [Stats.  1893,  p.  545.] 
Amended  1905,  p.  924. 
Citations.      Cal.  153/370,  371.     App.  1/463,  465 ;  6/224. 

ACT  3040. 

Election  of  attorney  for.     [Stats.  1877-78,  p.  173.] 
Superseded  by  chapter  49  of  the  charter  of  Sacramento,  1893,  p.  563. 

ACT  3041. 

Auditor  and  ex  officio  clerk  of  board  of  trustees,  salary  of.     [Stats.  1873- 
74,  p.  714.] 
Repealed  by  the  charter  of  Sacramento,  1893,  p.  547. 

ACT  3042. 

Redemption  of  funded  indebtedness.     [Stats.  1871-72,  p.  546.] 
Amended  1887,  p.  75;  1889,  p.  325.     All  of  these  acts  repealed  1899,  p.  85. 
Citationg.     Cal.  71/312. 

ACT  3043.    . 

To  confer  upon  Sacramento  City  the  power  to  construct  canals  and  levees. 
[Stats.  1877-78,  p.  852.] 
See  charter  of  Sacramento,   1893,  p.   547,   §  70. 


Acts  3044-3054  GENERAL  LAWS. 


ACT  3044. 


Authorizing   George   "W.   Chesley    to   lay   gas-pipes  in.     [Stats.    1871-72, 

p.  730.] 
ACT  3045. 

Establishing  and  maintaining  a  dispensary  in.     [Stats.  1871-72,  p.  531.] 
Probably  repealed  by  art  XII  of  the  charter  of  Sacramento,   1893,  p.  598. 

ACT  3046. 

To   provide   for   the   drainage   of  Sacramento   City,   and   of   swamp   land 
district  number  two.     [Stats.  1867-68,  p.  127.J 

Amended  1869-70,  p.   127;   1871-72,  p.  854. 

Citations.     Cal.  52/560;  59/597. 

ACT  3047. 

Establishing  paid  fire  department  in.     [Stats.  1871-72,  p.  866.] 
Supplemented    1873-74,    p.    306.      Superseded    by    art.    X    of    the    charter    of 
Sacramento,   1893,  pp.   591-595. 

ACT  3048. 

Exempt  Firemen's  Association  of,  organizing.     [Stats.  1871-72,  p.  715.] 

ACT  3049. 

Expert,  appointment  of.     [Stats.  1875-76,  p.  362.] 
Repealed  by  the  charter  of  Sacramento. 

ACT  3050. 

Authorizing  suit  against  by  John  Hoagland  et  al.     [Stats.   1875-76,  p. 
214.] 

Amended   1875-76,   p.    365. 

Unconstitutional:   Hoagland  T.  Sacramento,   52   Cal.   142. 

ACT  3051. 

City  and  county,  streets  and  roads  in.     [Stats.  1873-74,  p.  728.] 
Amended    1875-76,    by    repealing     §  1,    p.     303.      Section    2    repealed    1907, 
p.  930. 

ACT  3052. 

Streets,  improvement  of.     [Stats.  1875-76,  p.  157.] 
Superseded  by  the  charter  of  Sacramento,  1893,  p.  546. 

ACT  3053. 

Legalizing  the  assessment  of  a  street  tax.     [Stats.  1873-74,  p.  896.] 
Unconstitutional:    People   v.    Lynch,    51    Cal.    15. 

ACT  3054. 

Legalizing   street   assessment  in.     [Stats.    1873-74,   p.   691.] 
Unconstitutional:  People  v.  Lynch,  51  Cal.  15. 


1099  SACRAMENTO  COUNTY.  Acts  3055-3068 

ACT  3055. 

Payment  of  school  moneys  into  the  treasury  of.     [Stats.  1875-76,  p.  860.) 

ACT  3056. 

Granting  swamp  lands  to.     [Stats.  1857,  p.  155.] 

ACT  3057. 

Further  powers  of  board  of  trustees.     [Stats.  1875-76,  p.  624.] 
Amended  1877-78,  p.  840.      Superseded  by  the  charter  of  Sacramento. 

ACT  3058. 

Relative  to  boards  of  trustees.     [Stats.  1877-78,  p.  639.] 
Superseded  by  the   charter,   1893,  p.   545. 

ACT  3059. 

Collection  of  water  rates  in.     [Stats.  1877-78,  p.  369.] 
Superseded  by  the   charter,   1893,  p.  545. 

ACT  3060. 

An  act  to  repeal  an  act  entitled,  "An  act  to  further  define  the  powers  of 
the  board  of  trustees  of  the  city  of  Sacramento,"  approved  March 
22,   1886.     [Approved  March  23,   1907.     Stats.  1907,  p.  930.] 
There  is  an  error  in  the  title  of  this  act. 

TITLE  422. 
SACRAMENTO  COUNTY. 
ACT  3064. 

Government   of.     [Stats.   1873-74,  p.   909.] 
Amended  l§75-76,  p.   280;   1877-78,  p.   267.      Superseded  by  County  Govern- 
ment Acts:    See   1897,  p.  452. 

ACT  3065. 

In  relation  to  assessor  of.     [Stats.  1877-78,  p.  87.] 
Repealed  by  County  Government  Acts:   See  1897,  p.  507,   §  162. 

ACT  3066. 

Fixing  compensation  of  district  attorney.     [Stats.   1871-72,  p.  863.] 
Superseded  by  County  Government  Act,   1897,  p.  452. 

ACT  3067. 

East  Park,  protection  of  property  of.     [Stats.  1873-74,  p.  465.] 

ACT  3068. 

Fees  of  justices  of  the  peace  and  constables  in.     [Stats.  1873-74,  p.  863.] 
Repealed  by  fee  bill,  1895,  pp.  270,  272. 


Acts  3069-3078  GENERAL  LAWS.  1100 

ACT  3069. 

Fees  of  office  and  compensation  of  officers.     [Stats.  1873-74,  p.  204.] 

Supplemented  1873—74,  p.   713.     Repealed  as  to  the  officers  therein  named  by 
the  fee  bill,  1895,  p.  267,  and  County  Government  Act,   1897,  p.  452. 

ACT  3070. 

To  provide  an  additional  judge  for.     [Stats.  1895,  p.  48.] 

ACT  3071. 

Board  of  levee  commissioners,  additional   powers   conferred   on.     [Stats. 
1877-78,  p.  73.] 
Repealed  1877-78,  p.  853. 

ACT  3072. 

Concerning    construction    and    repair    of   levees    in    Sacramento    County. 
[Stats.  1862,  p.  151.] 
Amended   1862,   pp.   459,   548;    1863,   p.   468. 
Citations.      Cal.  52/148;    73/268;    148/215,   219,   221,   222. 

ACT  3073. 

Additional  notaries  public  in.     [Stats.  1871-72,  p.  881.] 
Repealed  by  Political  Code,    §  791. 
This  act  provided  for  the  appointment  of  four  additional  notaries. 

ACT  3074. 

Transcribing  of  certain  records  in.     [Stats.  1873-74,  p.  475.] 

ACT  3075. 

Public  roads  in.     [Stats.  1875-76,  p.  658.] 
Repealed  in  part  by   1883,   p.    5,   c.  X,    §  2,    and  by   County  Government   Act, 
1897,  p.  452. 

ACT  3076. 

Eoads  in.     [Stats.   1873-74,  p.   728.] 
Amended   1875-76,   by  repealing   §  1,   p.  303. 

ACT  3077. 

Allowing  certain  persons  to  take  possession  of  and  improve  a  certain  road 
in.     [Stats.  1873-74,  p.  599.] 
The    road    referred    to    in    this    act    was    what    was    commonly    known    as    the 
Georgiana  Slough  Road. 

ACT  3078. 

Restricting   sheep   from   being   herded   or   running   at   large    in.     [Stats. 
1875-76,  p.  305.] 
As  to  running  at  large:   See  1897,  p.  198;   1901,  p.  603, 


1101  SALES— SALINAS   CITY.  Acts  3079-3087 

ACT  3079. 

Relating  to  president  and  clerk  of  board  of  supervisors  of.     [Stats.  1871- 
72,  p.  721.] 
Repealed  by  County  Government  Act,  1897,  p.  452. 

ACT  3080. 

Defining  powers  of  board  of  supervisors  of.     [Stats.  1871-72,  p.  216.] 
Repealed  by  County  Government  Act,  1897,  p.  452. 

ACT  3081. 

Prescribing  the  manner  of  counting  the  moneys  in  the  hands  of  the  treas- 
urer of.     [Stats.  1875-76,  p.  831.] 
Superseded  by  County  Government  Act,   1897,  p.  483,   §  115. 

TITLE  423. 

SALES. 
ACT  3083. 

An  act  to  prevent  false  and  incorrect  representations  and  advertisements 
concerning  articles  offered  for  sale  and  prescribing  a  punishment 
for   the   violation    thereof. 

[Approved  April  22,  1909.     Stats.  1909,  p.  1078.] 

§  1.  Any  firm,  person,  corporation  or  association  of  persons,  or  any 
employee  of  such  or  any  of  such,  who  in  the  newspapers  of  other  period- 
icals of  this  state,  or  in  public  advertisements,  or  in  communications  in- 
tended for  a  large  number  of  persons  knowingly  makes  or  disseminates 
any  statements  or  assertions  of  facts  with  respect  to  his,  its  or  their 
business  affairs  concerning  the  quantity,  the  quality,  the  value,  the  price, 
the  method  of  production  or  manufacture,  or  the  fixing  of  the  price  of 
his,  its,  or  their  merchandise  or  professional  work;  or  the  manner  or 
source  of  purchase  of  such  merchandise,  or  the  possession  of  awards, 
prizes  or  distinctions;  or  the  motive  or  purpose  of  a  sale,  intended  to 
have  the  appearance  of  an  advantageous  offer,  which  is  or  are  untrue  or 
calculated  to  mislead,  shall  be  guilty  of  a  misdemeanor. 

TITLE  424. 
SALINAS  CITY. 
ACT  3086 

Incorporation   of.     [Stats.   1873-74,   p.   242.] 
Repealed  1875-76,  p.  119. 

ACT  3087. 

Eeincorporating.     [Stats.  1875-76,  p.  94.] 
Amended   1895,  p.  206. 
Superseded  by  charter  1903,  p.  699. 


AcU  3092-3108  GENERAL  LAWS.  1102 

TITLE  425. 
SALINAS  EIVER. 
ACT  3092. 

To    declare    Salinas    Eiver    in    Monterey    County,    a    navigable    stream. 
[Stats.  1861,  p.  49.] 
Incorporated  in  Political  Code,   §  2349. 

TITLE  426. 
SAN  ANTONIO  CREEK. 
ACT  3097. 

To  declare  navigable  the  Arroyo  del  San  Antonio  or  Keyes  Creek,  in  Marin 

County.     [Stats.  1860,  p.  126.] 

Amended  in  1873-74,  p.   564.     Incorporated  in   Political   Code,    §  2349. 

ACT  3098. 

To  authorize  the  construction  of  a  swing  or  draw  bridge  across  the  San 
Antonio  Creek,  in  Alameda  County.     [Stats.  1869-70,  p.  693.] 
Amended  1871-72,  p.  83. 

TITLE  427. 
SAN  BENITO  COUNTY. 
ACT  3103. 

Act  creating.     [Stats.  1873-74,  p.  95.] 
Supplemented  1873-74,  p.  428.      The  latter  act  supplemented  1875-76,  p.  177. 
Original  act  amended  1887,  p.  103. 

ACT  3104. 

Provisions  of  act  of  1873-74,   p.  50,  to  prevent   trespassing  of  animals, 
made  applicable  to.     [Stats.  1873-74,  p.  474.] 
Repealed  1877-78,  p.  176;   1897,  p.  198;    1901,  p.  603. 

ACT  3105. 

Licenses  in.     [Stats.  1877-78,  p.  272.] 
Superseded    by    Political    Code,    §  3366,    as    amended    1901,    p,    635,    and    by 
County  Government  Acts:   See  1897,  p.  473,   §  55. 

ACT  3106. 

Legalizing  transcribed  records  of.     [Stats.  1875-76,  p.  512.] 

ACT  3107. 

Directing  the  transcription  of  matters  of  record  from  Fresno  and  Merced 
counties  to  San  Benito  County.     [Stats.  1889,  p.  107.] 

ACT  3108. 

Roads  and  highways  in.     [Stats.  1877-78,  p.  S73.] 
Repealed  1883,  p.  5,  c.  X,   $  2. 


1103       SAN  BERNARDINO  CITY— SAN  BERNARDINO  COUNTY.      Acts  3110-3119 

TITLE  428. 
SAN  BERNAEDINO  CITY. 
ACT  3110. 

Charter  of.     [Stats.  1905,  p.  940.] 
Amended  1909,  p.  1166. 
Citations.      Cal.  153/26.     App.  3/717,  718,  719,  720. 

ACT  3111. 

Granting  to,  state's  interest  in  certain  lands.     [Stats.   1871-72,  p.  362.] 
This  act  conveyed  to  the  city  any  land  which  may  have  escheated  to  the  state 
on  the  incorporation  becoming  extinct  on  March  6,  1863. 

TITLE  429. 
SAN  BERNAEDINO  COUNTY. 
ACT  3113. 

Making    act    protecting   agriculture    and    preventing   the    trespassing   of 

animals.     [Stats.  1871-72,  p.  510.] 

Repealed  provisionally,  1873-74,  p.  190;  also  1897,  p.  198;  1901,  p.  603. 

ACT  3114. 

Protection   of   agriculture,   and   preventing   trespassing   of   animals   upon 
private  property.     [Stats.  1875-76,  p.  307.] 
Repealed  1897,  p.  198. 

ACT  3115. 

Eegulating  and  protecting  bee-keeping  in.     [Stats.  1877-78,  p.  563.] 

ACT  3116. 

District  attorney,  salary  of.     [Stats.  1875-76,  p.  389.] 
Repealed  by  County  Government  Acts:   See  1897,  p.  516,   §  167. 

ACT  3117. 

Regulating  fees  of  office  and  salaries  of  officers  of.     [Stats.  1871-72,  p. 
490.] 
Amended   1874,   p.    130.     Repealed  by  fee   bill,   1895,   p.   269,   and  by  County 
Government  Act,   1897,  p.  516,   §  161. 

ACT  3118. 

Officers  and  fees  of  office  in.     [Stats,  1873-74,  p.  616.] 
See   §§217,  218,  221,  County  Government  Act,   1897,  pp.   573,   574. 

ACT  3119. 

Salaries  and  fees.     [Stats.  1877-78,  p.  80.] 
Repealed  by  County  Government  Actg:   See  1897,  p.  516,   §  167. 


Acts  3120-3140  GENERAL  LAWS.  1104 

ACT  3120. 

Irrigation,  protecting,  and  making  water  rights  responsible  for  expenses 
incurred  on  irrigating  ditches.     [Stats.  1875-76,  p.  486.] 

ACT  3121. 

To  provide  an  additional  judge  for.     [Stats.   1887,  p.   19.] 

ACT  3122. 

Public  records  in  office  of  county  recorder.     [Stats.  1875-76,  p.  853.] 
This  act  provided  for  the  transcription  and  preservation  of  the  records. 

ACT  3123. 

Making  the  provisions   of  the  Political   Code   concerning  highways  ap- 
plicable to.     [Stats.  1875-76,  p.  57.] 
ACT  3124. 

Legalizing  records  in.     [Stats.  1860,  p.  82.] 

ACT  3125. 

Providing  for  election  of  supervisors  in.     [Stats.   1873-74,  p.   111.] 
Superseded  by  County  Government  Act,   1897,  p.  452. 

ACT  3126. 

To  divide  into  supervisor  districts.     [Stats.  1877-78,  p.  799.] 
Repealed  by   County  Government  Acts:    See   1897,  p.  452. 

ACT  3127. 

Supervisors,  compensation   of.     [Stats.   1875-76,  p.  4SS.] 
Repealed  by   County  Government  Acts:    See   1897,  p.  452. 

ACT  3128. 

To  authorize  the  construction  of  a  wagon  road  in,  and  to  provide  for  tlie 
payment  of  the  cost.     [Stats.  1877-78,  p.  586.] 

ACT  3129. 

Board  of  water  commissioners  for.     [Stats.  1863-64,  p.  87.] 
Amended   1865-66,  p.  93. 

TITLE  430. 
SAN  BUENAVENTURA. 
ACT  3139. 

Incorporating.     [Stats.  1865-66,  p.  216.] 
Superseded  by  1873-74,  p.  54,  reincorporating. 

ACT  3140. 

Eeincorporating.     [Stats.  1875-76,  p.  534.] 
Amended  1877-78,  p.  537. 


H05  SAN  DIEGO  CITY.  Acts  3141-3152 

ACT  3141. 

Reincorporating,    and    approving    certain    ordinances    and    proceedings. 

[Stats.  1873-74,  p.  54.] 
Superseded  by  reincorporation   by   statute  of   1875-76,   p.   534. 

TITLE  431. 
SAN  DIEGO  CITY. 
ACT  3145. 

Charter  of.  [Stats.  1889,  p.  643.] 
Amended  1901,  p.  879;  1905,  901;  1909,  1137. 

Citations.  Cal.  97/430;  100/572;  117/357;  118/541,  544,  545,  552,  595, 
596;  120/438;  128/372;  131/299,  300,  301,  303,  306,  307;  141/318,  320. 
App.  2/734;  5/266,  268,  269,  272;  6/738;  8/42,  43. 

ACT  3146. 

Act  to  reincorporate.     [Stats.  1871-72,  p.  285.] 
Repealed  1875-76,  p.  815. 

ACT  3147. 

Eeincorporating.     [Stats.  1875-76,  p.  806.] 
Amended  1889,  p.   302.      Superseded  by  charter,   1889,  p.   643. 
Citations.      Cal.  67/105;   77/513,  514,  515,  516,  517;   108/277. 
.  This   amendment   was  declared  unconstitutional:   People   ex  rel.   Miller  T.   San 
Diego,  85  Cal.   369. 

ACT  3148. 

Legalizing  conveyances  of  pueblo  lands  in.     [Stats.  1869-70,  p.  409.] 

ACT  3149. 

Concerning   conveyances  by  municipal   authorities   of.     [Stats.   1873-74, 
p.  85.] 

Citations.     Cal.  101/527. 

This  act  validated  deeds  made  without  a  seal. 

ACT  3150. 

To   legalize,   ratify,   and   confirm   certain   conveyances   of  land   made   by 

municipal  authorities  of.     [Stats.  1871-72,  p.  309.] 
ACT  3151. 

Authorizing  trustees  of  the  city  of  to  convey  lands  to  the  United  States. 
[Stats.  1867-68,  p.  8.] 
This  act  authorized  the  conveyance  of  lands  to  the  United  States  for  military 
or  naval  purposes. 

ACT  3152. 

To  transfer  certain  real  estate  to  the  United  States.     [Stats.  1875-76,  p. 
154.] 
This  act   authorized  the  transfer  of  realty  necessary  to   change  the  course  of 
the  river  San  Diego. 
Gen.  Laws — 70 


Acts  3153-3164  GENERAL  LAWS.  1106 

ACT  3153. 

Ratifying  a  conveyance  made  by  the  city  of  to  Richard  C.  McCormick. 

[Stats.   1875-76,  p.   882.] 
ACT  3154. 

Legalizing   certain   ordinances   of   and   repealing   others   with   reference   to 
Texas  &  Pacific  Railroad  Company.     [Stats.  1873-74,  p.  370.] 

ACT  3155. 

Port  of,  establishing  pilots  and  pilot  regulations.  [Stats.  1871-72,  p. 
650.] 

ACT  3156. 

School  districts,  legalizing  and  confirming  boundaries  of.  [Stats.  1873- 
74,  p.  391.] 

ACT  3157. 

An  act  authorizing  the  city  of  San  Diego  and  the  authorities  thereof 
to  convey  a  portion  of  La  Jolla  Park,  in  said  city,  to  the  regents 
of  the  University  of  California  for  the  purposes  of  a  biological 
station.     [Approved  February  7,   1907.     Stats.   1907,  p  2.] 

TITLE  432. 
SAN  DIEGO  COUNTY. 
ACT  3159. 

An  act  to  authorize  and  provide  for  the  transfer  to  the  United  States 
of  the  title  to  and  the  jurisdiction  over  certain  tide  lands  in  San 
Diego  Bay,  San  Diego  County,  State  of  California,  and  to  empower 
the  Board  of  State  Harbor  Commissioners  for  the  bay  of  San  Diego 
as  the  agent  of  the  state  to  make  such  transfer.  [Approved  June 
16,  1906.     Stats.  1906,  p.  77.] 

ACT  3161. 

Government  of.     [Stats.  1875-76,  p.  558.] 
Repealed  by  County  Government  Acts:    See   1897,   p.   452. 

ACT  3162. 

Providing  for  government  of.     [Stats.  1871-72,-'p.  191.] 
Amended    1873-74,    p.    221.     Certainly    modified    and    probably    repealed    by 
County  Government  Act,  1897,  p.  452. 

ACT  3163. 

To  protect  agriculture,  and  prevent  trespassing  of  animals  upon  private 
property.     [Stats.  1875-76,  p.  458.] 
Amended   1877-78,   p.   245.     Repealed  by   the   estray   law,    1897,   p.   198,   and 
1901,  p.  603. 

ACT  3164. 

Assessor  of,  compensation  of.     [Stats.  1873-74,  p.  443.] 
Repealed  by  County  Government  Acts:  See  1897,  p.  513,   §  165. 


1107  SAN  DIEGO  COUNTY.  Acts  3165-317* 

ACT  3165. 

Officers  and  fees  of  office  in.     [Stats.  1873-74,  p.  616.] 
See  §§  317,  218,  221,  County  Government  Act,  1897,  pp.  573,  574. 

ACT  3168. 

Fees  of  office  and  salaries  of  officers.     [Stats.  1875-76,  p.  586.] 
Amended  1877-78,  p.   128.     Repealed  by  County  Government  Acts:   See  1897, 
p.  513,   §  165;  and  by  the  fee  bill,   1895,  p.  267. 

Kept  in  force  by  the  constitution  of  1879:  People  v.  Hamilton,  103  Cal.  488. 

ACT  3167. 

To  appropriate  funds  for  the  use   of  county  clerk   of.     [Stats.   1877-78, 
p.  108.] 
Repealed  by  County  Government  Acts:   See  1897,  p.  513,   §  165. 

ACT  3168. 

Additional  notaries  public.      [Stats.  1871-72,  p.  238.] 
Superseded   by  Political  Code,    §791. 
This  act  provided  for  the  appointment  of  three  additional  notaries. 

ACT  3169. 

Supervisors  to  transfer  certain  funds   of.     [Stats.   1877-78,  p.   257.] 
Superseded  by  subd.  18,   §  25,  County  Government  Act,  1897,  p.  463. 
This   act   authorized  the   transfer  of   funds   from   the   swamp   land  fund   to   the 

contingent  fund. 

ACT  3170. 

Funding  indebtedness  of.     [Stats.  1877-78,  p.  540.] 
ACT  3171. 

To  increase  the  number  of  superior  judges  in.     [Stats.  1889,  p.  5.] 

ACT  3172. 

To  reduce  the  number  of  superior  judges  in.     [Stats.   1895,  p.  24.] 

ACT  3173. 

Eoads  and  highways  in.     [Stats.  1877-78,  p.  50.] 
Repealed  1883,  p.  5,  c.  X,   §  2. 

ACT  3174. 

•An  act  providing  for  authority  to  use  the  tide  waters  of  the  entrance 
to  "False  Bay"  in  San  Diego  County,  and  certain  lands  adjacent 
thereto,  to  propel  machinery;  and  to  permit  the  erection  and  main- 
tenance of  structures  for  the  installation,  maintenance  and  opera- 
tion of  such  machinery  J  and  fixing  the  charge  therefor.  [Approved 
March  20,  1905.     Stats.  1905,  p.  294.] 


Acts  3176,  3177  GENERAL  LAWS.  1108 

TITLE  433. 

SAN  FRANCISCO. 
There  are  a  number  of  acts  relating  to  cities  and  counties  of  the  first 
class,  as  follows: 

An   act   relating  to   assistants   to   city   attorneys   in   cities   over   100,000. 
[See  ante,  "City  Attorney."] 

An  act  relating  to  deputies,  clerks,  and  copyists.     [See  ante,  tit.  "County 
Clerk."] 

An  act  relating  to  coroners.     [See  ante,  tit.  "Coroners."] 

An  act  providing  for  the  manner  of  paying  fees  in  cities  and  counties 
of  the  same  class.     [See  ante,  tit.  "Fees."] 

An  act  to  regulate  the  quality  and  standard  of  illuminating  power  and 
gas  in  cities  over  100,000.     [See  ante,  tit.  "Gas."] 

An  act  conferring  on  cities  of  the  first  class  power  to  provide  for  the 
erection  of  a  municipal   hospital.     [See   ante,  tit.   "Hospitals."] 

An  act  relating  to  Italian  interpreters  in  cities  over  100,000.     [See  ante, 
tit.  "Interpreters."] 

An  act  relating  to  the  recovery  of  judgments  in  cities  of  over  100,000. 
[See  ante,  tit.  "Counties,"  "Judgments."] 

An   act   relating  to   police   in   cities   of   the   first   class.     [See   ante,   tit. 
"Police."] 

An  act  conferring  on  the  governing  bodies  of  cities  and  cities  and 
counties  over  100,000  inhabitants  the  power  to  acquire  or  condemn 
land  for  a  suitable  site  and  erect  thereon  suitable  buildings  for 
municipal  purposes.     [See  ante.  Act  2364.] 

An  act  relating  to  treasurers'  deputies  and  clerks  in  cities  and  counties 
over  200,000.     [See  post,  tit.  "Treasurers."] 

Bonds  for  construction  of  seawall.     [See  act  providing  for  submission  of 
question  of  issuance  to  people,  tit.  "Bonds,"   ante.] 

ACT  3176. 

An  act  making  an  appropriation  to  pay  the  claim  of  the  board  of  educa- 
tion  of  the  city  and  county  of  San  Francisco  against  the  state  of 
California.     [Approved  June  14,  1906.     Stats.   1906,  p.  40.] 
This  act  appropriated  $25,000  for  the  purposes  indicated. 

ACT  3177. 

Charter  of  San  Francisco.     [Stats.   1899,  p.   241.] 

Amended  1903,  p.  583;  1907,  pp.  10,  29. 

Citations.  Cal.  139/230,  231,  232,  234,  454,  456;  145/175,  179,  686;  150/ 
83,  189;  151/717;  152/7.  App. 1/408,  409;  3/175,  176,  236;  4/237,  238, 
239,  246,  258,  259,  260,  261,  262,  263;  5/416,  417,  421;  6/219,  220,  221,  224. 


1109  SAN  FRANCISCO.  Acts  3178-3188 

ACT  3178. 

For  establishing  and  maintaining  an  almshouse  in.     [Stats.   1865-66,  p. 
214.] 
Amended  1867-68,  p.  427.      Superseded  by  the  charter  of  that  city. 

ACT  3179. 

Opening  Army  Street  in.     [Stats.  1877-78,  p.  270.] 
ACT  3180. 

Assessor  to   appoint   deputies.     [Stats.   1877-78,  p.   173.] 
Superseded  by  chap.  4  of  art.  IV  of  the  charter  of  San  Francisco. 

ACT  3181. 

Auditor,  facilitating  transaction  of  business  in  office  of.     [Stats.  1875- 
76,  p.  852.] 
Superseded  by  charter  of  San  Francisco,  c.  2,  art.  IV. 
This  act  provided  for  a  deputy  auditor. 

ACT  3182. 

Authorizing  the  grading  of  Bay  Street   and   the   changing  of  its  grade. 
[Stats.  1877-78,  p.   931.] 
Citations.      Cal.  63/400,  402;  80/9,  10,  15. 

ACT  3183. 

Board  of  education  authorized  to  exchange  a  lot  of  land.     [Stats.  1873- 

74,  p.  574.] 
ACT  3184. 

In  relation  to  the  powers  and  duties  of  board  of  education  of.     [Stats. 
1871-72,  p.  561.] 
Repealed  1873-74,  p.  782. 

ACT  3185. 

Defining   the    boundaries   of   San   Francisco   beach    and    water   lots,    and 
granting  the  same  to  the  city.     [Stats.  1851,  p.  307.] 
Citations.      Cal.  54/42,   43,   44,  454,  459,  460,  461,  462;    118/179,  214;   137/ 
246. 

ACT  3186. 

City  hall,  act  to  provide  for  the  erection.     [Stats.  1869-70,  p.  738.] 
Citations.      Cal.  42/550;  110/222. 

ACT  3187. 

Purchaser  of  city  hall  lots,  execution  and  delivery  of  deeds  to.     [Stats. 

1873-74,  p.  939.] 
ACT  3188. 

New  city  hall,  completion  of.     [Stats.   1875-76,  p.  461.] 
Amended  1877-78,  pp.  82,   382. 

Citations.     Oal.  56/336;    60/313;    61/524;    67/157,   158,   159;    110/223,   224; 
114/330. 


Acts  3189-3198  GENERAL  LAWS.  1110 

ACT  3189. 

Board  of  city  hall  commissioners,  abolishing.  [Stats.  1873-74,  p.  828.] 
Supplemented  1875-76,  p.  863. 

ACT  3190. 

Cemetery  Avenue,  authorizing  supervisors  to   convey  a  certain  piece  of 

land  comprising,     fstats.  1873-74,  p.  272.] 
ACT  3191. 

To  provide  for  an  open  canal  through  Channel  Street  in.     [Stats.  1867- 
68,  p.  355.] 
Citations.     Cal.  64/500;  79/543. 

ACT  3192. 

Channel  Street  and  Mission  Creek,  construction  of  open  canal  through. 
[Stats.   1871-72,  p.  926.] 
Citations.     Cal.  54/73;  64/501,  502. 

ACT  3193. 

City  board  of  examination,  conferring  further  power  upon,  and  upon 
the  board  of  education,  auditor,  and  treasurer.  [Stats.  1873-74, 
p.  177.] 

ACT  3194. 

Authorizing  commissioners  of  the  funded  debt  to  transfer  certain  funds 

and  property  to.     [Stats.  1871-72,  p.  909.] 
ACT  3195. 
To  authorize  the  commissioners  of  the  funded  debt  to  compromise  and 

settle  certain  claims  to  real   estate  and  to   convey  such  real  estate 

pursuant  thereto.     [Stats.  1862,  p.  217.] 

Amended  1863,  p.   69.     Time  extended,   1863-64,  p.  474. 

ACT  3196. 

Authorizing  sales  and  conveyances  by  commissioners  of  the  funded  debt 
of.     [Stats.   1865-66,  p.  686.] 
Citations.      Cal.  54/461. 

ACT  3197. 

Legalizing  conveyances  made  by  the  commissioners  of  the  sinking  fund. 
[Stats.   1858,  p.  84.] 
This   act   confirmed   certain   sales   made  by   the   commissioners   on   January  25, 
1851.      See  Act  3200,  post. 

ACT  3198. 

Authorizing   mayor   of   to    convey   certain   lands,    to    the   San    Francisco 
Lying-in  Hospital  and  Foundling  Asylum.     [Stats.  1871-72,  p.  513.] 


IIH  BAN  FRANCISCO.  Acts  3199-3206 

ACT  3199.  , 

Authorizing  supervisors  to  sell  and  convey  a  certain  piece  of  land  com- 
prising old  Cemetery  Avenue  and  the  triangular  plaza  reserved  by 
the  Outside  Land  Committee  up  to  the  new  Cemetery  Avenue. 
[Stats.  1871-72,  p.  234.] 

ACT  3200. 

To   legalize   certain  conveyances.  '  [Stats.   1857,  p.   200.] 
Citations.      Cal.  53/596. 

This  act  confirmed  sales  at  auction  by  the  commissioners  of  the  funded  debt 
of  San  Francisco  before  the  first  day  of  January,   1854.      See  Act  3197,  ante. 

ACT  3201. 

Authorizing  conveyances  to  South  San  Francisco  Homestead  and  Rail- 
road Association,  of  certain  overflowed  lands  in  San  Francisco. 
[Stats.  1868,  p.  487.] 

ACT  3202. 

Providing  for  the  relief  of  John  J.  Conlin,  and  directing  the  supervisors 

of   San   Francisco    to   order   paid   to   said    Conlin   his   claim   against 

the  city.     [Stats.  1895,  p.  348.] 

Citations.     Cal.  114/406. 

Unconstitutional:   Conlin  v.  Supervisors,  114  Cal.  404. 

ACT  3203. 

Relative  to  coroners  in.     [Stats.  1871-72,  p.  403.] 

Amended  1873-74,   p.   908;    1875-76,   p.   397. 

Citations.      Cal.  46/152;  118/140;  122/638,  639,  640. 

Codified  in  part  by  amendments  of  Penal  Code,  1905:  See  §§  1510,  1511a, 
1511b,  1512,  1514a,  Penal  Code. 

"Modified  as  to  appointees  by  §  2,  c.  6,  art.  IV,  charter  of  San  Francisco. 
Superseded  as  to  coroners  generally  by  County  Government  Act,  1897,  p.  490. 
See  Kuhlman  ▼.  Superior  Court,  122  Cal.  636." — Code  Commissioners'  Note. 

ACT  3204. 

Concerning  costs  in.     [Stats.  1865-66,  p.  66.] 
Amended   1871-72,  p.   93.     Repealed  1905,  p.   387. 

Citations.     Cal.  58/67;   70/328;   89/461;  113/645,   648.     App.  5/63,  64,  236. 

The   code  commissioners  in  their  note,  which  was  prior  to   the  repeal   of   1903, 

say:    "Perhaps   in   force    as   to   plaintiff's    costs.      (Fanning   v.    Leviston,    93    Cal. 

188;    Golden   G.   L.   Co.   v.   Sahrbacher,    105   Cal.   114.)      Repealed   1895,   p.   267 

(Miller  V.   Curry,   113   Cal.   644),   as  to  fees  named  in  that  act." 

ACT  3205. 

County  clerk,  act  in  relation  to.     [Stats.  1871-72,  p.  58.] 
See   charter  of  San  Francisco,   §  14,  art.  XVI,  and   §   3,   c.  6,  art.  V. 

ACT  3206. 

County  clerk  to  keep  his  office  open  on  all  election  days.     [Stats.  1875- 
76,  p.  142.] 
Repealed  1880,  p.  18. 


Acts  3207-3216  GENERAL  LAWS.  1112 

ACT  3207.         • 

Concerning  deputies   and  assistants  of  county   clerk   and   their   salaries. 
[Stats.  1871-72,  p.  76.] 

Citations.     CaL  67/183. 

"Attempted  to  be  superseded  by  1880,  p.  20,  c.  XXVI,  as  amended  1891, 
p.  5,  c.  VII,  but  they  were  unconstitutional  (San  Francisco  ▼.  Broderick,  125 
Cal.  188);  but  now  superseded  by  charter  of  that  city." — Code  Commissioners' 
Note. 

ACT  3208. 

Additional  fees  for  city  and  county  attorney  and  his  assistants.     [Stats. 
1871-72,  p.  46.] 
Superseded  by   §  12,   1885,  p.   157. 

ACT  3209. 

Empowering  cities  and  counties  of  over  100,000  to  pay  for  rent  of  court 

rooms,   police   stations,   and  for   the   salaries  of  janitors  out  of   the 

general  fund.     [Stats.  1880,  p.  114.] 

Superseded  by  charter  of  San  Francisco. 

ACT  3210. 

District  attorney  of  San  Francisco,  authorizing  appointment  of  a  second 
assistant.     [Stats.   1877-78,   p.   70.] 
Superseded  by  charter  of  San  Francisco. 

ACT  3211. 

District  attorney  of,  office  of. .  [Stats.  1873-74,  p.  602.] 
Superseded  by  c.  3  of  art.  V  of  charter  of  San  Francisco,   1899,  p.  273. 

ACT  3212. 

Dupont   Street,  preservation   of   name   of.     [Stats.   1877-78,  p.   23.] 

ACT  3213. 

Dupont   Street,  San   Francisco,  widening   of.     [Stats.   1875-76,   p.   433.] 
Citations.      Cal.  62/13,    14,    18;    72/409,    440,    442;    92/327;    93/86;    98/672; 
115/68;   120/3,  6;  132/513;  150/133,  134,  139. 

ACT  3214. 

To  define  and  establish  the  width  of  East  Street.     [Stats.   1865-66,  p. 

361.] 
ACT  3215. 
Authorizing  closing  part  of  Elm  Street  in  San  Francisco.     [Stats.  1877- 

78,  p.  961.] 
ACT  3216. 

Eegistration  of  voters.  [Stats.  1877-78,  p.  299.] 
Citations.  Cal.  54/405;  55/614,  616,  621,  622,  652;  75/629;  86/65,  67, 
68,  69;  88/515,  516,  517,  518;  97/84;  111/305,  306;  114/330;  126/392,  393, 
394,  396,  398,  399,  402. 


1113  SAN  FRANCISCO.  Acts  3217-3224 

"Superseded  iu  part,  if  not  entirely,  by  Political  Code,  §§  1127,  1128,  1129, 
and  art.  XI  of  the  charter  of  San  Francisco.  (Fragley  v.  Phelan,  126  Cal. 
383.)" — Code  Commissioners'  Note. 

ACT  3217. 

Concerning  the  fees  of  jurors  and  witnesses  in  the  city  and  county  of 
San  Francisco.      [Stats.   1863-64,   p.   365.] 
Repealed  by  act  of  1865-66,  p.  122.     The  repealing  act  was  in  turn  repealed 
by  the  statute  of  1903,  p.  253. 
Citations.      Cal.  124/87. 
Repealing  act,   cited,  pp.  138,  272. 

ACT  3218. 

Fifteenth  Avenue  extension  in,  opening.     [Stats.  1875-76,  p.   762.] 

ACT  3219. 

To  provide  for  the  prevention  of  conflagrations  and  the  protection  of 
property  saved  froln  fire  in  San  Francisco.     [Stats.  1865-66,  p.  79.] 

Amended   1867-68,   p.   280. 

This  act  provided  for  the  appointment  of  a  fire  marshal  by  the  board  of  un- 
derwriters.    It  was  superseded  by  the  charter  of  San  Francisco,  c.  5,  art.  IX. 

ACT  3220. 

Providing  for  a  paid  fire  department  in.     [Stats.  1873-74,  p.  942.] 
Superseded  by  the  charter  of  San  Francisco,  art.  IX. 

ACT  3221. 

Keorganizing  and  regulating  the  paid  fire  department  of.     [Stats.  1877- 
78,  p.  685,] 

Superseded  by  charter  of  that   city. 

Citations.     Cal.  139/229,   230,   231. 

ACT  3222. 

Supervisors,    appointment    by,    of    messenger    to   board    of   fire    commis- 
sioners.    [Stats.  1873-74,  p.  863.] 
Probably   superseded  by   charter   of    San   Francisco. 

ACT  3223. 

Providing  for  support  of  men  belonging  to  "paid  fire  department"  of, 

if  disabled  while  in  the  performance  of  their  duties.     [Stats.  1871- 

72,  p.  703.] 

Superseded  by  §  3,  c.  7,  art.  IX,  charter  of  San  Francisco. 

ACT  3224. 

Concerning   the   compensation   of   the   secretary   of   the   fire   department. 
[Stats.  1871-72,  p.  448.] 
,   Superseded  by  charter. 


Acts  3225-3233  GENERAL   LAWS.  1114 

ACT  3225. 

Authorizing  president  and  secretary  of  exempt  fire  company  to   admin- 
ister oaths  in  certain  cases.     [Stats.  1875-76,  p.  610.] 

ACT  3226. 

To   authorize   the   exempt   fire   company   of,   to   receive   and   manage   the 
San   Francisco    department    charitable    fund    and    receive    from    the 
city    and    county    of    San    Francisco    a    house    and    lot    for    its    use. 
[Stats.  1865-66,  p.  851.] 
Amended  1871-72,  p.  359. 

ACT  3227. 

To   establish    and   maintain   a   free    dispensary   in.     [Stats.    1877-78,   p. 
579.] 
Superseded  by  charter  of  that  city. 

ACT  3228. 

To   provide   for  a  free  public   market   on  waterfront.     [Stats.   1897,   p. 
238.] 

Amended   1903,  p.  76. 

In  full  in  Appendix,  Political  Oode,  p.  1837. 

ACT  3229. 

Golden  Gate  Park,  preservation  and  improvement  of.     [Stats.   1875-76, 
p.  861.] 
Superseded  by  charter  of  San  Francisco,  art.  XIV. 

ACT  3230. 

Board   of    state   harbor   commissioners   authorized   to    set    off   a   part   of 
waterfront  for  certain  purposes.     [Stats.   1871-72,  p.   728.] 
Superseded  by  Political   Code,  §  2524,   as  amended   1889. 

This   act  authorized   the  setting  apart  of   a  portion   of   the   waterfront  for   the 
exclusive  use  of   fishermen. 

ACT  3231. 

Home  of  inebriates  in.     [Stats.  1869-70,  p.  585.] 
Repealed  1895,  pp.   76,  201. 

ACT  3232. 

House   of    correction,   providing   funds   to   build   a.     [Stats.    1871-72,  p. 

878.] 
ACT  3233. 

In  relation  to  the  house  of  correction  of.     [Stats.  1877-78,  p.  953.] 
Repealed    1893,   p.   5. 
Citations.      Cal.  64/252;   72/11;   87/79,  82;  109/266. 


1115  SAN  FRANCISCO.  Acts  3234-3243 

ACT  3234. 

House    of   correction,   act   for   government   of,   and   to    utilize   labor    of. 
[Stats.   1875-76,  p.  632.] 
Probably  repealed  by  the  charter  of  San  Francisco,  art.  II,  c.  2,  §  1,  subd.  11. 

ACT  3235. 

Preventing   and   hunting   and    shooting   on   private    grounds    in.     [Stats. 

1871-72,   p.   764.] 
ACT  3236, 
Illuminating  power,   quality,   standard,   and   price   of   gas,   regulating   in 

all   cities   with   a   population   of   over    100,000.     [Stats.    1877-78,   p. 

167.] 

Repealed  as  to  San  Francisco  by  c.  2  of  art.  II  of  the  charter. 

Citations.      Cal.  62/591,  592,  593;   76/326,  327. 

See  ante.  Act  1344. 

ACT  3237. 

Supervisors   of,   transferring  management,   control,   and   direction   of  in- 
dustrial school  department  to.     [Stats.  1871-72,  p.  544.] 
"Juvenile   offenders  are  now  committed  to   the   Preston   School   of  Industry   or 
the  Whittier  State  School  (1889,  pp.  100,  111)." — Code  Commissioners'  Note. 

ACT  3238. 

Industrial  school  department  of.     [Stats.   1873-74,  p.  271.] 
Probably  superseded  by  1889,  pp.  100,  111,  c.  103   and  108. 

ACT  3239. 

Care  of  inebriates,  and  certain  insane   persons  in.     [Stats.   1875-76,  p. 
325.] 
Repealed   1895,  p.   76. 
Citations.     Cal.  95/145,  146,  150. 

ACT  3240. 

Inspector   of   steam   boilers   and   steam  tanks,   appointment   of.     [Stats. 
1875-76,  p.  496.] 
Repealed   1880,  p.  8. 

ACT  3241. 

Additional  interpreter  for  criminal  courts.     [Stats.  1875-76,  p.  153.] 
Superseded  by  the  charter  of  San  Francisco. 

ACT  3242. 

Declaring  Islais  Creek  in,  navigable.     [Stats.  1867-68,  p.  356.] 
Repealed    by  §  2349,    Political    Code.     Jurisdiction    given    to    harbor    commis- 
sioners.     (Sec.  2,  Stats.  1877-78,  p.  263.) 

ACT  3243. 

Ivy  Avenue,  to  close.     [Stats.  1877-78,  p.  682.] 


Acts  3244-3252  GENERAL  LAWS.  1116 

ACT  3244. 

To  organize  and  regulate  the  justices'  court  in  the  city  and  county  of 
San   Francisco.     [Stats.   1865-66,   p.   423.] 
Amended   1869-70,   p.   56;    1871-72,   p.   758.      Continued   in   force   by   Code   of 
Civil    Procedure,  §  119,    as    added    in    1873-74.     Repealed    by    change    in    code 
adopted  in  1880. 

Citations.      Oal.  48/48;   114/331. 

ACT  3245. 

Eegulating    proceedings    in    civil    cases    in    justices'    courts    in.     [Stats. 
1871-72,  p.  94.] 
Repealed  by  Code  of  Civil  Procedure,  §  95. 

ACT  3246. 

Justices'  courts  for,  summons  in.     [Stats.   1875-76,  p.  855.] 
Superseded  by  Code  of  Civil  Procedure,  §  849. 

ACT  3247. 

Leidesdorflf  Street,  opening  and  extending.     [Stats.  1875-76,  p.  563.] 

ACT  3248. 

Licenses  in.     [Stats.  1877-78,  p.  442.] 
Superseded  by  charter  of   San  Francisco. 
See  Purdy  v.  Sinton,   56  Cal.  133. 

ACT  3249. 

Facilitating  and  increasing  state  and  county  and  municipal  licenses  in. 
[Stats.  1871-72,  p.  736.] 
Citations.      Cal.  52/608;    53/572;    61/375;    62/526;    114/330. 
Not   repealed   by    codes:   Ex   parte    Newton,    53    Cal.    571.     The    code   commis- 
sioners say  of  this  act:   "As  to  collector  of  licenses,  superseded  by  c.  5,  art.  IV 
of  the  charter  of  San  Francisco,   1899,  p.  274;    as  to  power  to  impose  licenses, 
by  subd.   15,  §  1,  c.  2,   art.  II  of  the  same  charter,   1899,  p.  248;    and  probably 
the  whole  statute  is  superseded  by  the  various  provisions  of  this  charter." 

ACT  3250. 

Concerning  collector  of  licenses.     [Stats.  1875-76,  p.  860.] 
Superseded  by  charter  of  San  Francisco,  c.  5,  art.  IV. 

ACT  3251. 

Manufacture  of  acids   and  explosive   chemicals  in.     [Stats.   1875-76,  p. 
360.] 
Repealed  by  charter  of  San  Francisco. 

ACT  3252. 

To  fix  the  salary  of  the  clerk  of  the  mayor  of.     [Stats.  1877-78,  p.  1023.] 
Superseded  by  charter  of  that  city. 


1117  SAN  FRANCISCO.  Acts  3253-3261 

ACT  3253. 

To   declare  Mission  Creek  in  the  county  of   San  Francisco   a  navigable 
stream.     [Stats.  1854,  p.   190,  Kerr's  ed.,  p.   19.] 
Incorporated  in  Political  Code,  §  2349. 

ACT  3254. 

Montgomery    Avenue,    modifying    grade    and    providing    for    grade    of. 
[Stats.   1875-76,  p.   753.] 
Citations.      Cal.  67/47,  48.  50,  51,  52;   76/52;    102/448. 
Declared  impracticable  in  the  Montgomery  Avenue  case:    54  Cal.  579. 

ACT  3255. 

Montgomery  Avenue,  ratifying  certain  orders  relative  to  street  work  on. 
[Stats.  1877-78,  p.  341.] 
CiUtions.      Cal.  68/430;   76/311. 

Unconstitutional:   Fanning  v.  Schammel,  68  Cal.  428;  Kelly  v.  Luning,  76  Cal. 
309. 

ACT  3256. 

Establishing  and  opening  Montgomery  street  south.     [Stats.  1877-78,  p. 

932.] 
ACT  3257. 

Montgomery    Avenue,    opening    and    establishing.     [Stats.    1871-72,    p. 
911.] 
Supplemented  1873-74,  p.   522. 

Citations.      Cal.  47/357,   359,   361;   57/164,   166,   167,   174,   175    177;    59/220, 
221,  223,  227,  228,  230,  234;   79/392;  87/47,   149;   154/718. 

ACT  3258. 

To  provide  a  public  morgue  in.     [Stats.  1885,  p.  25.] 
Superseded  by  c.  6  of  art.   IV,  and  subd.  9  of  c.  2    of   §  1    of  art.  II  of  the 
charter  of  San  Francisco. 

ACT  3259. 

Mutual  real   estate  company,  sales  and   conveyances   of.     [Stats.   1875- 
76,  p.  525.] 
This   act  authorized  the   surviving   trustees   to  make   sales   and  conveyances. 

ACT  3260. 

North  Beach  and  Mission  Railroad  Company,  granting  certain  privileges 
to.     [Stats.   1873-74,  p.  851.] 
See  ante.  Acts  2489,  2490. 

ACT  3261. 

North  Beach  and  Mission  Eailroad  Company,  granting  certain  privileges 
to.     [Stats.  1875-76,  p.  525.] 


Acts  3262-3270  GENERAL  LAWS.  1118 

ACT  3262. 

Additional  notaries  public.     [Stats.  1871-72,  p.  184.] 
Repealed  by  Political   Code,    §  791. 
This  act  provided  for  a   notary  te   reside   at  Yerba   Buena. 

ACT  3263. 

Additional  notary  for.     [Stats.  1873-74,  p.  139.] 
Repealed  by  Political   Code,    §  791. 

ACT  3264. 

Providing  for  the  appointment  of  an  additional  notary  public.     [Stats. 
1880,  p.  106.] 

Superseded  by  Political  Code,   §  791. 

This  act  required  the  keeping  of  an   oflSce  at  the  Presidio. 

ACT  3265. 

Authorizing  the  appointment  of  a  notary  public  in  the  city  and  county 
of  San  Francisco,  to  reside  and  transact  notarial  duties  at  Yerba 
Buena  Island,  or  Goat  Island,  in  the  bay  of  San  Francisco,  in  addi- 
tion to  the  number  of  notaries  now  authorized  by  law  for  said 
city  and  county.  [Stats.  1903,  p.  26.] 
This  act  appears  in  full  in  Appendix,  Political  Code,  p.  1847. 

ACT  3266. 

Supervisors,    ratifying    and    confirming    certain    ordinances    and    resolu- 
tions  of.     [Stats.   1873-74,  p.  487.] 
This   act   ratified   certain   ordinances   and   resolutions    relating   to    street   work. 

ACT  3267. 

Supervisors,  ratifying  and  confirming  certain  ordinances  of,  relating  to 
street  work.     [Stats.  1873-74,  p.  588.] 

Citations.     Cal.  53/45. 

Unconstitutional:   Reis  v.   Graff,   51   Cal.   86;   Brady  v.  King,   53   Cal.   44. 

ACT  3268. 

Supervisors,    legalizing,    ratifying,    and    confirming    certain    orders    and 
resolutions  of.     [Stats.  1873-74,  p.  589.] 

Citations.     Cal.  51/90. 

These  orders  and  resolutions  related  to  the  grading  of  Townsend  Street. 

ACT  3269. 

Ratifying  order  of  supervisors  of.     [Stats.   1873-74,  p.  789.] 
This   ordinance   authorized   the   conveyance   of   a    tract   of   land   to    one    George 
F.    Sharp   on   the   performance   of   certain   conditions. 

ACT  3270. 

Confirming    order    800,    quieting   title    to    lands   in.     [Stats.    1867-68,   p. 
379.] 
See,  also,  1867-68,  p.  410. 


1119  SAN  FRANCISCO.  Acts  3271-3280 

ACT  3271. 

Confirming  ordinance  840  of  supervisors  of.     [Stats.  1869-70,  p.  213.] 

This    ordinance    pledged    the    city    to    pay    $3,000    to    persons    advancing    that 
amount   to   the  Mechanic's   State   Council. 

ACT  3272. 

To   confirm  order  number  883   of  the  board  of  supervisors   of.     [Stats. 
1869-70,  p.  83.] 
This  order  provided  for  an  exchange  of  deeds  between  the  city  and  county  of 
San    Francisco    and    Edward    Tompkins    to    certain    land    in    what    is    known    as 
Hamilton   Square. 

ACT  3273. 

Confirming  order  No.   1004  of  board  of  supervisors.     [Stats.  1871-72,  p. 
511.] 
This  was  an  ordinance  requiring  property  owners  to  fence  lots  and  to  prevent 
drifting  sand. 

ACT  3274. 

Confirming  order  No.  1404  of  the  board  of  supervisors  of.     [Stats.  1877- 
78,  p.  338.] 
Citations.      Cal.  54/574;   64/509,  510,   511. 

ACT  3275. 

Ratifying  resolution  11,900  of  supervisors  of.     [Stats.   1877-78,  p.   630.] 
This  resolution   vacated   certain  streets. 

ACT  3276. 

To  extend  the  jurisdiction  of  the  park  commissioners  to  a  certain  high- 
way.    [Stats.   1877-78,  p.  967.] 
This    extended    their   jurisdiction   over    Point   Lobos    Avenue. 

ACT  3277. 

Pharmacy,  regulating  practice  of,  in.     [Stats.  1871-72,  p.  681.] 
Amended  1875-76,  p.  583;   1877-78,  p.   838.     Repealed  1883,  p.  93. 

ACT  3278. 

Practice  of  pharmacy  in.     [Stats.  1875-76,  p.  583.] 
Amending  1871-72,  p.  681.     Repealed  1883,  p.  93. 

ACT  3279. 
Increasing  and  regulating  police  force  of.     [Stats.  1871-72,  p.  512.] 
Superseded  by  e.   1-7  of  art.  A'^III  of  the  charter  of   San   Francisco. 

ACT  3280. 

To  enable  the  supervisors  of  San  Francisco  to  increase  the  police  force. 
[Stats.   1877-78,  p.   879.] 
Amended  1877-78,  p.   965.      Superseded  by   1889,   p.   108,   and   the  charter  of 
that  city:   See  Pennie  v.  Reis,   80   Cal.  266;   Clark  v.  Police  Commissioners,   123 
Cal.  24. 


Acts  3281-3288  GENERAL  LAWS.  1120 

Citations.      Cal.  61/322,    324,    325;    64/378;    66/655;    87/543,   544;    110/450; 
453;    123/24;    127/551,    552.      App.  1/497. 

ACT  3281. 

To  create  an  additional  police  judge's  court.     [Stats.  1881,  p.   74.] 
Superseded  by  c.  8  of  art.  V  of  the  charter  of  San  Francisco. 

ACT  3282. 

To  create  a  police  court,     [Stats.  1889,  p.  62.] 
Supplemented  1893,  p.  9.      Superseded  by  the  charter  of  that  city,  c.  8,  art.  V. 
Citations.     Cal.  78/421,  422,  423;  95/145,  147,  150;  145/747. 
Supplemental  act  cited,  145/747. 

ACT  3283. 

Police  judge's  court,  authorizing  prosecuting  attorney  to  appoint  clerk. 
[Stats.  1875-76,  p.  856.] 
Superseded  by  charter  of  San  Francisco,  c.  8,  art.  V. 

ACT  3284. 

To  empower  consolidated  cities  and  counties  of  over  100,000  inhabitants 
to  make  alterations  in  county  prisons.     [Stats.  1880,  p.  100.] 
Superseded  by  charter  of  San  Francisco. 

ACT  3285. 

Providing  for  improvement   of  public   parks.     [Stats.   1869-70,   p.   802.] 

Amended   1871-72,   p.    706.     Superseded  by   charter  of   San   Francisco,    1899, 
p.    354. 

Citations.     Cal.  76/159. 

This  act  created  the  office  of  park  commissioners. 

ACT  3286. 

Concerning  certain  public  reservations  for.     [Stats.  1873-74,  p,  333.] 
This   act   made   certain   reservations   for  park   and  reservoir  purposes. 

ACT  3287. 

To  establish  a  quarantine  for  the  bay  and  harbor  of  San  Francisco,  and 

sanitary  laws  for  the  city  and  county  of  San  Francisco.     [Approved 

April  4,  1870.     Stats.  1869-70,  p.  716.] 

Amended   1875-76,   p.   305.      Superseded  by   the   charter. 

Citations.     Cal.  79/112. 

ACT  3288. 

Providing  for  repair  and  improvement  of  roads  and  highways  in.     [Stats. 
1871-72,  p.  901.] 
Probably  repealed  by  1883,  p.  5,  c.  X,  §  2;   also  by  charter  of  San  Francisco 
of  1899. 


1121  SAN  FRANCISCO.  Acts  3289-3299 

ACT  3289. 

Regulation  of  sailor  boarding-houses  and  shipping  oflBces.     [Stats.  186U- 
70,  p.  241.] 
Superseded  by  original   §§  2583  et  seq.  of  the  Political  Code.     These   sections 
were  in  turn  repealed.        (Amendments  1875-76,  p.  52.) 

ACT  3290. 

To  provide  for  the  payment  of  certain  salaries  in,  out  of  the  "Special 
Fee  Fund."     [Stats.  1877-78,  p.  630.] 
Superseded  by  charter  of  that  city. 

This  act  provided  for  the  payment  of  the  salaries  of  certain  clerkg  appointed 
by  the  supervisors  and  not  otherwise  provided  for  by  law. 

ACT  3291. 

Authorizing  the  conveyance  of  a  certain  lot  to  San  Francisco  Ladies' 
Protection  and  Belief  Society.     [Stats.  1871-72,  p.  765.] 

ACT  3292. 

To  provide  for  the  San  Francisco  law  library.     [Stats.  1869-70,  p.  235.] 
Amended  1880,  p.  40.      See  c.  9,  art.  V,  charter  of  San  Francisco,  1899,  p.  284. 

ACT  3293. 

Common  schools  of.     [Stats.  1871-72,  p.  846.] 
Citations.     Cal.  55/500;    66/475;    81/544,    545,    549;    82/593;    89/218,    220; 
152/518,  519. 

Superseded  by  art.  VII  of  the  charter  of  San  Francisco,  1899. 

ACT  3294. 

Support  of  common  schools  of.     [Stats.  1875-76,  p.  902.] 
Superseded  by  charter  of  Saa  Francisco. 

ACT  3295. 

Seventh  Street,  opening.     [Stats.  1875-76,  p.  772.] 
ACT  3296. 
Seventh  Street,  between  Bryant  and  Brannan  streets,  establishing  grade 

of.     [Stats.   1877-78,  p.  232.] 
ACT  3297. 
Sixth    Street,    opening    and    establishing,    and    opening    Channel    Street. 

[Stats.   1875-76,  p.   866.] 
ACT  3298. 

Authorizing  the  construction  of  a  sewer.     [Stats.   1877-78,  p.  943.] 

This  act  authorized  the  construction  of  a  sewer  to  drain  the  lagoon  known  aa 
Washerwoman's  Bay. 

ACT  3299. 

Concerning  sheriff  of.     [Stats.   1871-72,  p.  904.] 
Superseded  by  charter  of  San  Francisco,   §  2,  c.  6,  art.  V. 
Gen.  Laws — 71 


Acts  3300-3309  GENERAL  LAWS.  1122 

ACT  3300. 

Sheriff,  relating  to  office  of.     [Stats.  1877-78,  p.  355.] 
Superseded  by  charter  of  San  Francisco,  c.  6,  art.  V. 

ACT  3301. 

Certain  streets,  grades  in,  modifying.     [Stats.   1875-76,  p.  500.] 

ACT  3302. 

To   change   the   grade    of   certain   street   crossings,     [Stats.   1877-78,   p. 

966.] 
ACT  3303. 

Legalizing  grades  of  certain  streets.     [Stats.  1873-74,  p.  590.] 

ACT  3304. 

Street  repairs  in.     [Stats.  1877-78,  p.  4.] 
Superseded  by  charter  of  San  Francisco. 

ACT  3305. 

Authorizing  and  facilitating  repair  of  streets  and  sewers  of,  in  case  of 
urgent  necessity.     [Stats.  1877-78,  p.  544.] 
Superseded  by  charter  of  that  city. 

ACT  3300. 

For    the    payment    of   street    assessments    against    the    property    of   the 
United  States  in.     [Stats.  1867-68,  p.  148.] 
Repealed  by  the  charter  of  that  city,  art.  VI,  c.  2,  §  8. 

ACT  3307. 

Street  improvements.     [Stats.  1871-72,  p.  804.] 

Amended   1877-78,   p.   139. 

Citations.  Cal.  52/482;  54/56,  247,  487,  567;  56/366;  57/235,  299,  517; 
58/582,  586;  60/555;  61/280;  63/366,  401,  449;  65/374;  66/114,  129,  534; 
67/48;  69/473,  640;  75/363;  76/105,  150,  151,  320,  321,  546;  80/5,  10,  15; 
82/12,  13;  84/142;  87/13,  42,  43;  89/306,  320;  93/161;  97/310,  573;  108/ 
160;    125/140;    129/275. 

"Superseded  by  constitution  of  1879.  (McDonald  v.  Patterson,  54  Cal.  245; 
Thomason  v.  Ruggles,  69  Cal.  465.)" — Code  Commissioners'  Note.  See,  how- 
ever.  City  Imp.   Co.  v.  Broderick,   125  Cal.  139,   140. 

ACT  3308. 

Certain  streets  closed.     [Stats.  1873-74,  p.  192.] 
ACT  3309. 

Vacating  certain  streets,  alleys,  and  market-places  in.     [Stats.  1871-72, 
p.  722. 
Amended  1873-74,   p.  359;    1903,  p.  363. 


1123  SAN  FRANCISCO.  Acts  3310-3318 

ACT  3310. 

Superintendent   of  streets,  further  powers  granted   to.     fStats.   1875-76, 
p.  507.] 
Repealed  by  Vrooman  act,   1885,  p.   147. 

ACT  3311. 

To   confer   on   supervisors   of   cities   and   counties   containing   more   than 
one  hundred  thousand  inhabitants,  power  to  extend  and  complete  all 
intercepting   sewers   heretofore   partially   constructed.     [Stats.   1880, 
p.  61.] 
Superseded  by  charter  of   San  Francisco. 

ACT  3312. 

Supervisors,  powers  of  as  to  contracts.     [Stats.  1877-78,  p.  200.] 
Repealed  by   charter  of  San  Francisco. 

ACT  3313. 

Conferring  further  powers  on  board  of  supervisors  of.     [Stats.   1863,  p. 
560.] 
Citations.      Cal.  98/616. 

"Remained    in    force    (San    Francisco    v.    Kiernan,    98    Cal.    614)    until    super- 
seded by  the  charter  of  that  city,  1899,  p.  309." — Code   Commissioners'   Note. 
This  act  conferred  certain  powers  as  to  streets. 

ACT  3314. 

Conferring  additional   powers   on  board   of   supervisors   and   on  auditor 
and  treasurer.     [Stats.   1871-72,  p.   735.] 
Superseded  by  charter  of  San  Francisco,   1899,  pp.  241-368. 

ACT  3315. 

Supervisors,  conferring  additional  powers  upon.     [Stats.  1873-74,  p.  31.] 
Superseded  by  charter  of  San  Francisco,  1899,  p.  241. 

ACT  3316. 

Supervisors,  conferring  additional  powers  on.     [Stats.  1875-76,  p.  795.] 
Citations.     Cal.  52/461. 
Superseded  by  the   charter  of   San  Francisco. 

ACT  3317. 

Supervisors,    additional    powers    of.     [Stats.    1877-78,   p.    231.] 

Superseded  by  the   charter  of   San   Francisco. 

This  act  related  to  the  grading  of  and  work  on  streets. 

ACT  3318. 

Conferring    further    powers    on    the    board    of    supervisors    of.     [Stats. 
1877-78,  p.  829.] 
This   act  gave   the  supervisors   power  to   appropriate  money  from   the   General 
Fund  for  urgent  necessity  purposes,  for  furniture  and  repairs  for  public  build- 
ings,  and  for  advertising  purposes. 


Acts  3319-3328  GENERAL  LAWS.  1124 

ACT  3319. 

Conferring   further   powers   on   the   board   of   supervisors.     [Stats.    1877- 
78,  p.  915.] 
Repealed    1880,   p.   76. 
This   act  authorized  the   supervisors  to   cut,   fill,   and  grade   certain   streets. 

ACT  3320. 

To  confer  additional  powers  on  the  board  of  su-  ervisors  in  relation  to 
accepted  streets.     [Stats.  1877-78,  p.  959.] 
Superseded  by  the   charter  of  that  city. 

ACT  3321. 

Supervisors,  auditor,  and  treasurer,  additional  powers  of.     [Stats.  1873- 
74,  p.  711.] 

Supplemented   1875-76,   p.    74. 

Citations.      Cal.  54/74;  64/502. 

This  act  authorized  the  making  of  certain  appropriations,  the  acquiring  of 
certain  lands,  including  lands  contiguous  to  Channel  Street  and  Mission  Creek, 
and  the  vacation  and  sale  of  certain  parts  of  Channel  Street  and  Mission  Creek. 

ACT  3322. 

Supervisors,  auditor,  and  treasurer,  powers  of.     [Stats.  1875-76,  p.  854.] 
Superseded  by  charter  of   San   Francisco. 
Citations.      Cal.  62/586,  590,  600,  601;  120/267. 
This   act  provided  for   the   expending  of   unexpended   balances. 

ACT  3323. 

Personal  property,  assessment,  and  collection  of  taxes  on.     [Stats.  1873- 
74,  p.  477.] 
Repealed  1895,  p.  308.     Unconstitutional:   People   v.   Pittsburg  R.  R.   Co.,   67 
Cal.  625. 

Citations.     Cal.  67/625. 

ACT  3324. 

Tehama  Street,  to  provide  for  the   opening  and  extending  of.     [Stats. 

1877-78,  p.  802.] 
ACT  3325. 
Authorizing  final  judgments  quieting  titles  to  lands  in,  to  be  recorded. 

[Stats.  1865-66,  p.  531.] 
ACT  3326. 

To   expedite  the  settlement  of  land  titles  in.     [Stats.  1869-70,  p.  353.] 
Citations.     App.  3/283,  284,  285. 

ACT  3327. 

Training  ship,   establishing   and   maintaining.     [Stats.    1873-74,   p.   394.] 
Repealed  1875-76,  p.  54. 

ACT  3328. 

Training  ship  in,  establishing  and  maintaining.      [Stats.  1875-76,  p.  54.] 
Amended   1877-78,   p.   233. 


1125  SAN  FEANCISCO.  Acts  3329-3337 

ACT  3329. 

Kegulating  payment   of   money  out   of   treasury  of.     [Stats.   1877-78,   p. 
111.] 
Supplemented  and   amended   1877-78,   p.   333.      Superseded  by   the   charter  of 
San   Francisco. 

Citations.      Cal.  58/582,  585;  62/590,  600;  104/317;  111/326.     App.  5/418. 
This  act  was  what  was  known  as  the  one-twelfth  act. 

ACT  3330. 

Authorizing  the   supervisors   to   open  Valencia   street.     [Stats.    1877-78, 

p.  923.1 
ACT  3331. 

Establishing  the  grade  of  Vallejo  Street.     [Stats.  1877-78,  p.  931.] 
Citations.      Cal.  63/402 ;   80/9,  10,  15. 

ACT  3332. 

To  ratify  and  confirm  the  Van  Ness  ordinance.     [Stats.  1858,  p.  52.] 

Citations.  Cal.  43/476;  47/284;  49/537,  538;  50/271,  272,  375;  54/310; 
59/55;  68/555;  70/325;  76/20;  92/416;  93/244;  107/658;  108/462;  124/354; 
125/535,  536;  138/226;  139/389,  548,  549. 

ACT  3333. 

Van  Ness  Avenue,  to  provide  for  the  improvement  of.     [Stats.  1877-78, 

p.  829.] 
ACT  3334. 

Describing  the  waterfront  of.     [Stats.  1851,  p.  307.] 

ACT  3335. 

Concerning  waterfront  of.     [Stats.  1877-78,  p.  263.] 
Amended    1880,    p.    10;    1889,    p.    379;    1891,    p.    233;    1895,    p.    194;    1901, 
p.   627;    1905,   p.    109.      See   Political   Code,    §2524,    as   amended    1901,    p.    619; 
also  the  case  of  People  ex  rel.  State  Harbor  Commissioners  v.  Pacific  Imp.  Co., 
130   Cal.   442. 

Citations.     Cal.  64/502;  81/29,  35;  130/444,  445,  448. 

This  act  related  to  the  jurisdiction  of  the  harbor   commissioners. 

ACT  3336. 

To  provide  for  the  sale  of  the  interest  of  the  state  in  property  within 
the  waterfront  line.     [Stats.  1853,  p.  219.] 

Supplemented  1855,  p.  226;    1858,   p.   139. 

Citations.      Cal.  118/215. 

Unconstitutional  in  part:   Guy  v.  Hermance,  5  Cal.  73. 

ACT  3337. 

To  provide  for  the   sale   of   certain  property  of  the   state  of   California 
within  the  waterfront  line.     [Stats.   1858,  p.  323.J 


Acts  3338-334S  GENERAL  LAWS.  1126 

ACT  3338. 

To   provide    for   the   further    extension   of   the   waterfront   line.     [Stats. 

1880,  p.  132.] 
ACT  3339. 

Waterfront   of,    confirming   title   to    certain   property   on,     [Stats.    1877- 
78,  p.  417.] 
Citations.      Cal.  81/29. 

ACT  3340. 

Water  rates  in,  establishing.     [Stats.  1875-76,  p.  82.] 
Amended  1875-76,  p.   760.     Repealed  by   constitution  of  1879:    Spring  Valley 
W.  W.  V.  Bryant,  52  Cal.  132. 
Citations.      Cal.  52/141 ;   53/611. 

ACT  3341. 

Waterworks  for,  to  provide  and  maintain.     [Stats.  1873-74,  p.  807.] 
Superseded  by  art.  XII,   charter  of  San  Francisco,   1899,  p.   346. 
Citations.      Cal.  53/385;    54/321. 
This   act   authorized   the   supervisors   to   obtain   a   water   supply. 

ACT  3342. 

Waterworks  for,  to  provide  and  maintain.     [Stats.  1875-76,  p.  501.] 

Unconstitutional:    Spring   Valley  v.   Bryant,    52    Cal.    132,    53    Cal.    611.     Re- 
pealed  1880,  p.  1. 

ACT  3343. 

Waterfront    of,    compromise    of    litigation    concerning.     [Stats.    1875-76, 

p.  905.] 
ACT  3344. 
Authorizing  a  conveyance  to  William  Scholle,  of  certain  water  lots  in 

San  Francisco.     [Stats.  1881,  p.  3.] 
ACT  3345. 

An  act  to  regulate  the  sales  of  perishable  products  on  the  wharves  and 
■  other  state  property  in  the  city  and  county  of  San  Francisco  by 
prohibiting  such  sales  except  by  or  in  behalf  of  those  holding  per- 
mits from  the  board  of  state  harbor  commissioners  and  making  such 
unlawful  sales  a  misdemeanor,  and  prescribing  the  penalty  therefor, 
and  providing  the  conditions  upon  which  such  permits  shall  be 
issued. 

[Approved  March  2,  1903.     Stats.  1903,  p.  73.] 

§  1,  It  shall  be  unlawful  for  any  person  to  sell,  upon  the  public 
wharves  or  other  property  belonging  to  this  state,  in  the  city  and  county 
of  San  Francisco,  and  within  the  jurisdiction  of  the  board  of  state 
harbor  commissioners,  any  fruit,  vegetables,  poultry,  eggs,  honey,  game, 
or  other  produce  commonly  known,  and  hereinafter  referred  to  as  per- 
ishable products,  unless  such  person  or  the  person,  firm  or  corporation, 
which  he  may  duly  represent,  shall  hold  the  permit  hereinafter  described 


1127  SAN  FRANCISCO.  Act  3345,  §§  2,  8 

authorizing  such  sales  to  be  made.  Any  violation  of  this  act  shall  be 
deemed  a  misdemeanor  punishable  by  a  fine  of  not  less  than  twenty-five 
dollars  or  more  than  five  hundred  dollars. 

§  2.  Perishable  products  consigned  to  persons,  firms  or  corporations 
not  holding  the  permit  hereinafter  described,  and  delivered  by  carrier 
upon  any  wharf  on  the  San  Francisco  waterfront,  must  be  removed  from 
said  wharf  within  twenty-four  hours  after  their  arrival,  and  the  board 
of  state  harbor  commissioners  must  levy  and  collect  on  such  perishable 
products  in  addition  to  the  regular  state  tolls,  such  additional  wharfage 
as  they  may  prescribe,  but  not  less  than  the  amount  of  the  regular  tolls, 
for  each  twenty-four  hours  or  fraction  thereof  which  such  perishable 
products  shall  remain  upon  the  wharf. 

§  3.  Upon  application  of  any  person,  firm  or  corporation  receiving 
or  expecting  to  receive  perishable  products  to  be  delivered  by  carrier 
upon  any  wharf  on  the  San  Francisco  waterfront,  the  board  of  state 
harbor  commissioners  shall  issue  free  of  charge  to  such  applicant,  a 
permit  authorizing  him  to  sell  such  products  when  delivered  on  the 
wharves  or  state  property,  during  the  time  such  perishables  are  per- 
mitted to  remain  there,  under  the  general  regulations  prescribed  by  the 
commission;  provided,  nevertheless  that  said  permit  shall  not  be  issued 
until  the  applicant  shall  have  signed  the  application  which  shall  read 
as  follows: 

"I  (or  we),  expecting  to  receive  consignments  of  perishable  prod- 
ucts to  be  delivered  by  carrier  on  the  wharves  or  other  property  of 
the  state  of  California  in  the  city  and  county  of  San  Francisco,  and 
desiring  to  dispose  of  the  same  before  removal,  hereby  make  application 
for  a  permit  to  be  valid  for  one  year  from  the  date  of  issue,  to  sell 
perishable  products  on  said  wharves  or  other  state  property.  In  con- 
sideration of  the  receipt  of  such  permit,  I  (or  we)  promise  to  faithfully 
observe  all  the  regulations  which  are  or  may  be  prescribed  by  the  board 
of  the  state  harbor  commissioners  in  regard  to  such  sales,  and  in  par- 
ticular I  (or  we)  agree  that  I  (or  we)  will  not,  during  the  life  of  such 
permit,  be  a  party  to  any  conspiracy,  agreement  or  understanding  where- 
by I  (or  we)  shall  refuse  to  sell  [to]  any  solvent  purchaser  or  buy 
from  any  person  whatever,  and  I  (or  we)  agree  that  I  (or  we)  will  sell, 
impartially,  and  at  the  same  prices,  to  all  who  desire  to  purchase  for 
cash,  without  regard  to  their  business  or  intended  disposition  of  the 
products,  and  will  exercise  no  discrimination  whatever  between  buyers 
or  sellers,  by  reason  of  their  occupation,  affiliations  or  nonaffiliations. 
I  (or  we)  also  agree  that  in  case  of  violation  of  this  agreement,  the 
board  of  state  harbor  commissioners  may  revoke  the  permit  hereby  ap- 
plied for,  whereupon  I  (or  we)  agree  to  surrender  the  same,  and  I  (or 
we)  agree  that  the  board  of  state  harbor  commissioners  shall  be  the 
sole  judges  of  the  fact  of  such  violation,  I  (or  we)  having  had  a  hearing 
in  the  matter,  — — . 

Date.  , 


Acts  3346,  3349  GENERAL  LAWS.  1128 

§  4.  The  permit  herein  provided  for  shall  be  in  such  form  as  the 
board  of  state  harbor  commissioners  may  determine  and  shall  be  valid 
for  one  year  from  date  of  issue  and  no  longer. 

§  5.  In  case  of  violation  of  his  agreement  by  the  holder  of  any  per- 
mit the  board  of  state  harbor  commissioners  upon  a  hearing  after  giving 
due  notice  to  all  parties  concerned,  and  finding  the  fact  of  such  violation 
shall  revoke  and  cancel  the  permit,  and  shall  not  issue  a  new  permit  to 
the  offending  party,  except  upon  a  new  execution  of  the  agreement 
hereinbefore  set  forth  and  the  payment  of  a  fee  of  fifty  dollars,  and 
the  right  to  receive  a  new  permit  shall  rest  in  the  discretion  of  said 
board  of  state  harbor  commissioners. 

§6.  The  board  of  state  harbor  commissioners  and  all  its  officials 
and  employees  are  charged  with  the  enforcement  of  this  act,  and  shall 
eject  from  the  wharves  or  other  state  property  all  persons  found  attempt- 
ing to  make  sales  in  violation  of  this  act.  And  the  board  of  state  harbor 
commissioners  through  such  officials  as  it  may  from  time  to  time  desig- 
nate, shall  prosecute  all  violations  of  this  act  in  the  proper  court. 

§  7.  All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby 
repealed. 

§  8.     This  act  shall  take  effect  immediately. 

ACT  3346. 

An  act  to  regulate  fees  in  the  city  and  county  of  San  Francisco.     [Ap- 
proved February  9,   1866.     Stats.   1865-66,   p.   66.] 
Amended   1871-72,  p.   93. 
Repealed  1905,  p.  387. 

Citations.      Cal.  98/188;  113/645,  648.     App.  5/63,  64,  236. 
TITLE  434. 
SANITAEY  DISTRICTS. 
ACT  3349. 

An  act  to  provide  for  the  formation,  government,  operation,  and  disso- 
lution of  sanitary  districts  in  any  part  of  the  state,  for  the  con- 
struction of  sewers,  and  other  sanitary  purposes;  the  acquisition  of 
property  thereby;  the  calling  and  conducting  of  elections  in  such 
districts;  the  assessment,  levy,  collection,  custody,  and  disbursement 
of  taxes  therein;  the  issuance  and  disposal  of  the  bonds  thereof, 
and  the  determination  of  their  validity,  and  making  provision  for 
the    payment    of    such    bonds,    and    the    disposal    of    their    proceeds. 

[Approved  March  31,   1891.     Stats.   1891,  p.   223.] 
Amended    1893,   p.   88;    1895,   p.    85;    but   this   amendment  declared   unconstitu- 
tional  (In  re  Werner,   129  Cal.  567);   also  amended   1901,  p.   633;    1903,  p.   121; 
1905.  p.   94;   1907,  p.  83;   1909,   pp.  233,   583. 

The  amendatory  aci  of  1905,  referred  to  the  act  as  having  been  approved  in 
1901.  As  this  is  the  only  act  on  the  subject,  it  was  evidently  the  intention 
of  the  legislature  to  amend  this  act. 


1129  SANITARY  DISTRICTS.  Act  3349,  §§  1-4 

Citations.      Cal.  99/556,  557;  123/600;   129/568,  570,  572.     App.  6/39. 

§  1.  Whenever  twenty-five  persons  in  any  county  of  the  state  shall 
desire  the  formation  of  a  sanitary  district  within  the  county,  they  may 
present  to  the  board  of  supervisors  of  such  county  a  petition,  in  writing, 
signed  by  them,  stating  the  name  of  the  proposed  district,  and  sotting 
forth  the  boundaries  thereof,  and  praying  that  an  election  be  held  as 
provided  by  this  act.  Each  of  the  petitioners  must  be  a  resident  and 
freeholder  within  the  proposed  district. 

§  2.  When  such  petition  is  presented  as  above  provided,  the  board 
of  supervisors  must,  within  thirty  days  thereafter,  order  that  an  election 
be  held  as  provided  by  this  act.  The  order  must  fix  the  day  of  such 
election,  which  must  be  within  sixty  days  from  the  date  of  the  order, 
and  must  show  the  boundaries  of  the  proposed  district,  and  must  state 
that  at  such  election  persons  to  fill  the  offices  provided  by  this  act,  viz.: 
a  sanitary  assessor,  and  five  members  of  the  sanitary  board,  will  be 
voted  for.  This  order  shall  be  entered  in  the  minutes  of  the  board, 
and  shall  be  conclusive  evidence  of  the  due  presentation  of  a  proper 
petition,  and  of  the  fact  that  each  of  the  petitioners  was,  at  the  time 
of  the  signature  and  presentation  of  such  petition,  a  resident  and  free- 
holder within  the  limits  of  the  proposed  district. 

§  3.  A  copy  of  such  order  shall  be  posted  for  four  successive  weeks 
prior  to  the  election,  in  three  public  places  within  the  proposed  district, 
and  shall  be  published  for  four  successive  weeks  prior  to  the  election  in 
some  newspaper  published  in  the  proposed  district,  if  there  be  one,  and 
if  not,  in  some  newspaper  published  in  the  county.  It  shall  be  sufficient 
if  the  order  be  published  once  a  week. 

§  4.  The  board  of  supervisors,  at  any  time  prior  to  the  election,  shall 
select  one  polling  place  within  the  proposed  district,  and  make  all  suit- 
able arrangements  for  the  holding  of  such  election.  The  ticket  shall 
contain  the  words  "For  a  sanitary  district,"  or  "Against  a  sanitary 
district,"  as  the  case  may  be,  and  the  name  of  a  person  for  sanitary 
assessor,  and  the  names  of  five  persons  for  members  of  the  sanitary 
board.  Such  election  shall  be  conducted  in  accordance  with  the  general 
election  laws  of  the  state,  so  far  as  the  same  shall  be  applicable,  except 
as  herein  otherwise  provided.  Every  qualified  elector,  resident  within 
the  proposed  district  for  the  period  requisite  to  enable  him  to  vote  at  a 
general  election,  shall  be  entitled  to  vote  at  the  election  above  provided 
for.  If  a  majority  of  the  votes  cast  at  such  election  shall  be  in  favor 
of  a  sanitary  district,  the  board  of  supervisors  shall  make  and  cause  to 
be  entered  in  the  minutes  an  order  that  a  sanitary  district  of  the  name 
and  with  the  boundaries  stated  in  the  petition  (setting  forth  such 
boundaries)  has  been  duly  established,  and  said  order  shall  be  conclusive 
evidence  of  the  fact  and  regularity  of  all  prior  proceedings  of  every 
kind  and  nature  provided  for  by  this  act  or  by  law,  and  of  the  exist- 
ence and  validity  of  the  district.     If  a  majority  of  the  votes  cast  shall 


Act  3349.  §  5  GENERAL  LAWS.  1130 

be  against  a  sanitary  district,  the  board  shall,  by  order,  so  declare; 
no  other  proceedings  shall  be  taken  in  relation  thereto  until  the  expira- 
tion of  one  year  from  the  presentation  of  the  petition. 

§  5.  Every  sanitary  district  formed  under  the  provisions  of  this  act 
shall  have  power  to  have  and  use  a  common  seal,  alterable  at  the  pleas- 
ure of  the  sanitary  board;  to  sue  and  be  sued  by  its  name;  to  construct 
and  maintain,  and  keep  clean  such  sewers  and  drains  as  in  the  judgment 
of  the  sanitary  board  shall  be  necessary  or  proper,  and  for  this  pur- 
pose to  acquire  by  purchase,  gift,  devise,  condemnation  proceedings,  or 
otherwise,  such  real  and  personal  property  and  rights  of  way,  either 
within  or  without  the  limits  of  the  district,  as  in  the  judgment  of  the 
sanitary  board  shall  be  necessary  or  proper,  and  to  pay  for  and  hold  the 
same;  to  make  and  accept  any  and  all  contracts,  deeds,  releases,  and 
documents  of  any  kind  which,  in  the  judgment  of  the  sanitary  board, 
shall  be  necessary  or  proper  to  the  exercise  of  any  of  the  powers  of  the 
district,  and  to  direct  the  payment  of  all  lawful  claims  and  demands 
against  it;  to  issue  bonds  as  hereinafter  provided,  and  to  assess,  levy, 
and  collect  taxes  to  pay  the  principal  and  interest  of  the  same,  and  the 
cost  of  laying  and  the  expense  of  maintaining  any  sewer  or  sewers  that 
may  be  constructed  subsequent  to  the  issuance  of  said  bonds,  or  any 
lawful  claims  against  said  district,  and  the  running  expenses  of  the 
district;  to  employ  all  necessary  agents  and  assistants,  and  pay  the 
same;  to  lay  its  sewers  and  drains  in  any  public  street  or  road  of  the 
county,  and  for  this  purpose  enter  upon  the  same  and  make  all  necessary 
and  proper  excavations,  restoring  the  same  to  proper  condition;  but  in 
case  such  street  or  road  shall  be  in  an  incorporated  city  or  town,  the 
consent  of  the  lawful  authorities  thereof  shall  first  be  obtained;  to  make 
and  enforce  all  necessary  and  proper  regulations  for  the  removal  of 
garbage,  and  the  cleanliness  of  the  roads  and  streets  of  the  district, 
and  for  the  purpose  of  guarding  against  the  spread  of  contagious  and 
infectious  diseases,  and  for  the  isolation  of  persons  and  houses  affected 
with  such  diseases,  and  for  the  notification  of  the  other  inhabitants  of 
the  existence  thereof,  and  all  other  sanitary  regulations  not  in  conflict 
with  the  constitution  and  laws  of  the  state;  to  make  and  enforce  all 
necessary  and  proper  regulations  for  suppressing  disorderly  and  dis- 
reputable resorts,  and  houses  of  ill-fame  within  the  district,  and  to  de- 
termine the  qualification  of  persons  authorized  to  sell  liquors  at  retail, 
and  from  and  after  the  passage  of  this  act  no  license  to  keep  a  saloon, 
or  sell  liquors  at  retail,  shall  take  effect  or  be  operative  within  any 
sanitary  district  unless  the  same  be  approved  by  the  sanitary  board  of 
the  district;  to  impose  fines,  penalties,  and  forfeitures  for  any  and  all 
violations  of  its  regulations  or  orders,  and  to  fix  the  penalty  thereof  by 
fine  or  imprisonment,  or  both;  but  no  such  fine  shall  exceed  the  sum  of 
one  hundred  dollars,  and  no  such  imprisonment  shall  exceed  one  monthj 
to  call,  hold,  and  conduct  all  elections  necessary  or  proper  after  the 
formation  of  the  district;  to  prescribe,  by  order,  the  time,  mode,  and 
manner  of  assessing,  levying,  and  collecting  taxes  for  sanitary  pur- 
poses, except  as  otherwise  provided  herein;  to  compel  all  residents  and 


1131  SANITARY  DISTRICTS.  Act  3349,  §§  6-9 

property  owners  within  the  district  to  connect  their  houses  and  habita- 
tions with  the  street  sewers  and  drains;  and  generally  to  do  and  per- 
form any  and  all  acts  necessary  or  proper  to  the  complete  exercise  and 
effect  of  any  of  its  powers,  or  the  purpose  for  which  it  was  formed. 
[Amendment  approved  March  26,  1895.  Stats,  1895,  p.  85.  In  effect 
immediately.] 

See  note'  at  beginning  of  act. 

§  6.  The  officers  of  the  district  shall  be  a  sanitary  assessor  and  five 
members  of  the  sanitary  board. 

§  7.  There  shall  be  an  election  for  sanitary  assessor  on  every  even- 
numbered  year  in  which  members  of  the  sanitary  board  are  elected,  and 
at  the  same  time,  place,  and  manner;  and  the  person  then  elected  shall 
hold  office  for  two  years  next  thereafter,  and  until  the  election  and 
qualification  of  his  successor.  The  person  elected  assessor  at  the  election 
at  which  the  district  was  formed  shall  hold  office  until  the  election  and 
qualification  of  his  successor;  provided,  that  if  at  any  time  a  vacancy 
occur  in  the  office  of  assessor,  the  sanitary  board  shall  appoint  a  suitable 
person  to  fill  such  vacancy  until  the  next  election  at  which  an  assessor 
may  be  elected  under  the  provisions  of  this  act. 

§  8.  It  shall  be  the  duty  of  the  sanitary  assessor  to  make  out,  before 
the  first  Monday  in  July  of  each  year,  a  list  of  all  the  tangible  real 
and  personal  property  within  the  district.  Such  list  shall  contain  a 
brief  and  general  description  of  the  property,  an  assessment  of  the  value 
thereof,  the  name  or  names  of  the  owner  or  owners,  and  such  other 
matters  as  may  be  ordered  by  the  sanitary  board  and  such  matters  as 
shall  be  necessary  to  make  such  list  conform  to  the  provisions  of  the 
general  laws  of  the  state  of  California.  The  land  shall  be  assessed 
separately  from  the  improvements  thereon.  No  mistake  in  the  name  of 
the  owner  of  any  of  the  real  or  personal  property  assessed,  or  any  in- 
formality in  the  description,  or  in  other  parts  of  the  assessment,  shall 
invalidate  the  same.  The  sanitary  assessor  shall  verify  said  list  by 
his  oath,  before  some  officer  authorized  to  administer  oaths,  and  shall 
deposit  the  same  with  the  sanitary  board  on  the  first  Monday  of  July 
of  each  year,  or  as  soon  thereafter  as  is  practicable.  He  shall  have 
power  to  administer  all  oaths  and  affirmations  necessary  or  proper  in 
the  performance  of  his  duty  as  assessor,  and  shall  receive  such  compen- 
sation as  shall  be  fixed  by  the  order  of  the  board.  He  shall  also  perform 
such  further  duties  and  do  such  further  acts  as  may  be  ordered  or  re- 
quired by  the  sanitary  board. 

§  9.  There  shall  be  an  election  for  two  members  of  the  sanitary 
board  in  every  even-numbered  year,  beginning  with  the  second  even- 
numbered  year  after  the  election  at  which  the  district  was  organized, 
and  the  two  members  then  to  be  elected  shall  hold  office  until  the  election 
and  qualification  of  their  successors  in  the  next  even-numbered  year;  and 
there  shall  be  an  election  for  three  members  of  the  sanitary  board  in  every 
odd-numbered  year,  beginning  with  the  second  odd-numbered  year,  after 


Act  3349,  §§  10,  11  GENERAL  LAWS.  1132 

the  election  at  which  the  district  was  organized,  and  the  three  members 
then  to  be  elected  shall  hold  office  until  the  election  and  qualification  of 
their  successors  in  the  next  odd-numbered  year.  The  five  members  elected 
at  the  election  at  which  the  district  was  organized  shall,  at  their  first 
meeting,  or  as  soon  thereafter  as  may  be  practicable,  so  classify  them- 
selves, by  lot,  that  two  of  them  shall  go  out  of  office  in  the  second 
even-numbered  year  after  the  election  at  which  the  district*  was  organ- 
ized, and  upon  the  election  and  qualification  of  their  successors,  as 
provided  by  this  act,  and  three  of  them  in  the  second  odd-numbered 
year  after  the  election  at  which  the  district  was  organized,  and  upon 
the  election  and  qualification  of  their  successors,  as  provided  by  this 
act.  All  elections  for  officers  after  the  formation  of  the  district  shall 
be  on  the  first  Monday  after  the  first  Tuesday  in  the  month  of  March. 
The  members  of  the  sanitary  board  shall  receive  no  compensation  what- 
ever, either  for  general  or  special  services. 

§  10.  The  sanitary  board  shall  be  the  governing  power  of  the  dis- 
trict, and  shall  exercise  all  the  powers  thereof,  except  the  making  of  an 
assessment  list  in  the  first  instance,  as  herein  provided.  At  its  first 
meeting,  or  as  soon  thereafter  as  may  be  practicable,  the  board  shall 
choose  one  of  its  members  as  president,  and  another  of  its  members  as 
secretary.  And  all  contracts,  deeds,  warrants,  releases,  receipts,  and 
documents  of  every  kind  shall  be  signed  in  the  name  of  the  district  by 
its  president,  and  shall  be  countersigned  by  its  secretary.  The  board 
shall  hold  such  meetings,  either  in  the  day  or  in  the  evening,  as  may 
be  convenient.  In  case  of  the  absence  or  inability  to  act  of  the  presi- 
dent or  secretary,  the  board  shall,  by  order  entered  upon  the  minutes, 
choose  a  president  pro  tem.,  or  secretary  pro  tem.,  or  both,  as  the  case 
may  be. 

§11.  On  the  first  Monday  of  July  each  year,  at  the  hour  of  7:30 
P.  M.,  the  sanitary  board  shall  meet  at  its  usual  place  of  meeting  within 
said  district,  and  proceed  to  organize  itself  into  a  board  of  equaliza- 
tion, and  if  the  sanitary  assessor  has  returned  the  assessment  list  for 
said  year  said  board  shall  proceed  to  equalize  the  property  so  assessed 
and  returned  by  said  sanitary  assessor.  If  said  assessment  list  has  not 
been  returned  by  said  sanitary  assessor  said  board  must  adjourn  from 
day  to  day  until  said  assessment  list  has  been  returned,  and  for  the 
purpose  of  adjournment  one  or  more  of  the  members  of  said  board  pres- 
ent may  make  said  adjournment  and  announce  the  same.  Upon  the 
assessment  list  having  been  returned  by  the  assessor,  said  board  of 
equalization  shall  proceed  to  equalize  the  property  listed  on  said  assess- 
ment list,  and  said  board  shall  continue  in  session  as  a  board  of  equal- 
ization until  the  property  upon  the  entire  list  returned  by  the  assessor 
shall  have  been  examined,  rectified  and  equalized,  with  such  reasonable 
intermissions  during  the  day  and  from  day  to  day  as  may  be  expedient. 
The  board  shall  have  power  to  hear  complaints  as  to  the  proceedings  of 
the  assessor,  and  to  adjudicate  and  determine  the  controversy  thereon, 
and  may  of  its  own  motion  raise  an  assessment,  after  such  reasonable 


1133  SANITARY  DISTRICTS.  Act  3349,  9  12 

notice  to  the  party  whose  assessment  is  to  be  raised,  as  may  be  ordered 
by  the  board.  After  the  examination  and  rectification  of  the  assessor's 
list  shall  have  been  completed,  the  board  shall,  by  resolution,  fix  the 
rate  of  taxation  for  sanitary  purposes,  designating  the  number  of  cents 
on  each  one  hundred  dollars  to  be  levied  for  each  fund,  and  shall  desig- 
nate the  fund  into  which  the  same  shall  be  paid;  but  no  more  than  fifteen 
cents  on  each  one  hundred  dollars  shall  be  levied  for  all  the  sanitary 
purposes  of  any  one  year,  besides  what  shall  be  required  for  the  pay- 
ment of  the  principal  and  interest  of  such  year  upon  outstanding  bonds. 
After  the  entry  in  the  minutes  of  the  resolution  fixing  the  rate  of 
taxation,  the  sanitary  board  shall  cause  the  assessor  to  compute  the 
amount  of  the  tax  upon  each  piece  of  real  and  personal  property,  and 
enter  the  same  upon  the  assessment  list  in  a  suitable  place.  The  list, 
when  BO  completed,  shall  be  verified  by  the  assessor  and  signed  by  the 
president  and  secretary;  and  the  amount  of  the  tax  shall  thereupon _ 
become  a  lien  upon  the  property  upon  which  it  is  assessed,  and  shall 
have  the  effect  of  a  judgment  against  the  person  of  the  owner  thereof, 
and  every  such  lien  shall  have  the  force  and  effect  of  an  execution  duly 
levied  against  all  the  property  of  the  delinquent;  and  the  judgment 
shall  not  be  deemed  satisfied  or  the  lien  extinguished  until  the  taxes  are 
paid  or  the  property  sold  to  satisfy  the  same,  and  no  statute  of  limita- 
tions shall  apply;  but  no  more  than  seventy-five  thousand  dollars  of 
bonds  shall  be  voted  for  or  issued  at  any  one  time,  nor  shall  the  bonded 
indebtedness  of  the  district  ever  exceed  the  sum  of  seventy-five  thousand 
dollars  at  any  one  period,  whether  it  be  made  up  of  one  issue  of  bonds 
or  of  several  issues.     [Amended  1905,  p.  94.] 

§  12.  As  soon  as  practicable,  but  not  later  than  the  third  Monday  in 
July,  after  the  taxes  have  been  computed  and  extended  on  the  assess- 
ment list,  verified  by  the  assessor  and  signed  by  the  president  and  sec- 
retary of  said  board,  the  board  shall  transmit,  or  cause  the  assessor 
to  transmit,  a  duplicate  of  the  list  so  made,  to  the  tax  collector  of  the 
county,  who  shall  collect  the  taxes  shown  by  said  list  to  be  due,  in  the 
same  manner  as  he  collects  the  county  taxes,  and  all  the  provisions  of 
the  laws  of  the  state  as  to  the  collection  of  taxes  and  delinquent  taxes, 
and  the  enforcement  of  the  payment  thereof,  so  far  as  applicable,  shall 
apply  to  the  collection  of  taxes  for  sanitary  purposes;  and  said  tax 
collector,  and  the  sureties  on  his  official  bond,  shall  be  responsible  for 
the  due  performance  of  the  duties  imposed  upon  him  by  this  act;  pro- 
vided, that  the  sanitary  board  may,  in  its  discretion,  direct  the  district 
attorney  of  the  county  to  commence  and  prosecute  suits  for  the  collec- 
tion of  the  whole,  or  any  portion  of  the  delinquent  taxes;  and  it  shall 
be  the  duty  of  the  district  attorney  to  carry  out  such  directions  of  the 
sanitary  board,  and  he,  and  the  sureties  upon  his  official  bond,  shall  be 
responsible  for  the  due  performance  of  the  duty  imposed  upon  him  by 
this  act. 

All  money  collected  for  sanitary  purposes  by  the  district  attorney  un- 
der this  act  shall  be  at  once  paid  to  the  county  treasurer;  provided 
further,  that  the  sanitary  board  may,  at  any  time,  by  order  entered  in 


Act  3349,  §13  GENERAL  LAWS.  1134 

its  minutes,  provide  a  system  for  the  collection  of  delinquent  taxes,  or 
make  any  change  in  the  manner  of  their  collection,  which  as  to  such 
taxes  shall  have  the  force  of  law.  Whenever  any  property  is  sold  for 
delinquent  sanitary  taxes,  under  the  provisions  of  this  act,  the  tax 
collector  shall  file  with  the  county  recorder,  at  the  expense  of  the  pur- 
chaser, a  copy  of  the  certificate  of  such  sale;  and  when  at  any  time 
redemption  is  made  of  any  property  which  has  been  sold  for  delinquent 
sanitary  taxes  the  redemption  officer  of  the  sanitary  district  shall  imme- 
diately forward  a  copy  of  the  redemption  certificate  to  the  county  re- 
corder and  the  county  recorder  shall  inscribe  or  stamp  upon  the  margin 
of  the  certificate  of  sale  of  said  property  then  on  file  in  his  office,  the 
word  "Redeemed,"  together  with  the  date,  the  amount  paid,  and  the 
name  of  the  party  redeeming  said  property;  and  further  provided,  that 
whenever  the  tax  collector  issues  a  deed  to  the  purchaser  of  any  prop- 
erty sold  for  delinquent  sanitary  taxes,  the  said  tax  collector  shall 
forward  a  copy  of  the  deed  to  the  county  recorder,  and  the  county  re- 
corder shall  then  inscribe  or  stamp  upon  the  margin  of  the  certificate  of 
sale  of  said  property  then  on  file  in  his  office,  the  words  "Deeded  to," 
together  with  the  date,  and  the  name  of  the  party  to  whom  said  deed 
was  issued.  In  the  event  that  property  upon  which  sanitary  district 
taxes  have  become  delinquent  is,  on  account  of  such  delinquency,  sold 
by  the  tax  collector,  and  a  deed  therefor  is  issued  to  any  person  other 
than  the  state  of  California,  the  party  who  was  of  record  as  the  owner 
of  such  property  at  the  time  of  such  sale  and  of  such  issuance  of  such 
deed,  is  hereby  granted  the  right  to  redeem  said  property  from  the 
tax  title  purchaser  thereof,  at  any  time  within  a  period  of  five  years 
from  and  after  the  issuance  of  such  deed,  by  the  payment  to  the  said 
tax  title  purchaser  of  the  amount  for  which  the  said  property  was  to 
him  sold  by  the  tax  collector  and  an  additional  premium  which  shall 
not  be  greater  than  one  hundred  per  cent  of  the  said  purchase  price. 
It  is  hereby  declared  to  be  unlawful  for  any  person  or  persons  who 
have  purchased  at  a  delinquent  tax  sale  any  property  which  is  sold 
for  delinquent  sanitary  taxes,  to  demand  for  its  redemption  any  sum 
greater  than  the  amount  which  is  by  this  act  specified;  or  to  refuse  to 
redeem  any  such  property  to  the  party  who  was  the  owner  thereof  at 
the  time  of  such  delinquent  tax  sale,  when  proper  tender  is  made,  within 
five  years  after  date  of  such  sale,  of  an  amount  which  is  not  greater 
than  the  amount  which  is  by  this  act  prohibited.  [Amendment  ap- 
proved March  20,  1909.     Stats.  1909,  p.  583,     In   effect  immediately.] 

§  13.  The  tax  collector  shall  pay  over  to  the  county  treasurer  all 
moneys  collected  by  him  for  sanitary  purposes,  as  fast  as  the  same  shall 
be  collected,  and  the  said  treasurer  shall  keep  the  same  in  the  county 
treasury,  as  follows:  In  a  fund  called  the  bond  fund  of  sanitary  dis- 
trict (naming  it)  he  shall  place  and  keep  the  moneys  levied  by  the 
sanitary  board  for  such  fund;  and  no  part  of  the  money  in  this  fund 
shall  be  transferred  to  any  other  fund,  or  be  used  for  any  other  pur- 
pose than  the  payment  of  the  principal  and  interest  of  the  bonds  of 
the  sanitary  district,  so  long  as  any  such  bonds  shall  be  unpaid;   in  a 


1135  SANITARY  DISTRICTS.  Act  3349,  §§  14,  15 

fund  called  the  running  expense  of  sanitary  district  (naming  it)  he 
shall  place  and  keep  the  moneys  levied  by  the  sanitary  board  for  such 
fund.  The  whole  or  any  part  of  the  money  in  the  running  expense  fund 
may  be  transferred  to  the  bond  fund,  or  to  the  other  fund  hereinafter 
provided  for,  upon  the  order  of  the  sanitary  board,  and  it  shall  be  the 
duty  of  the  treasurer  to  comply  with  such  order.  The  treasurer  shall 
pay  out  moneys  from  either  of  said  funds,  or  from  the  fund  hereinafter 
mentioned,  only  upon  the  written  order  of  the  sanitary  board,  signed 
by  the  president  and  countersigned  by  the  secretary,  which  order  shall 
specify  the  name  of  the  person  to  whom  the  money  is  to  be  paid  and 
the  fund  from  which  it  is  to  be  paid,  and  shall  state  generally  the  pur- 
pose for  which  the  payment  is  made,  and  such  order  shall  be  entered 
in  the  minutes  of  the  sanitary  board.  The  treasurer  shall  keep  the  order 
as  his  voucher,  and  shall  keep  a  specific  account  of  his  receipts  and 
disbursements  of  money  for  sanitary  purposes.  The  treasurer  and  sure- 
ties upon  his  official  bond  shall  be  liable  for  the  due  performance  of 
the  duties  imposed  upon  him  by  this  act.  The  treasurer  shall  keep  the" 
money  arising  from  the  sale  of  bonds,  in  the  fund  hereinafter  mentioned. 

§  14.  At  any  time  after  the  district  is  organized,  the  sanitary  board 
°iay,  by  order  entered  in  the  minutes,  call  an  election  for  the  purpose 
of  determining  whether  bonds  shall  be  issued  for  the  construction  of 
sewers.  Such  order  shall  fix  the  day  of  the  election  and  shall  specify 
the  amount  of  money  to  be  raised,  and  shall  state  in  general  terms  the 
purpose  for  which  it  is  to  be  raised.  A  copy  of  such  order  shall  be 
posted  for  four  successive  weeks  prior  to  the  election  in  at  least  three 
public  places  within  the  district,  and  shall  be  published  for  four  suc- 
cessive weeks  prior  to  the  election  in  some  newspaper  published  within 
the  district,  if  there  be  one,  and  if  not,  in  some  newspaper  published 
in  the  county.  It  shall  be  sufficient  if  the  order  be  published  once  a 
week. 

§  15.  At  any  time  prior  to  the  day  fixed  for  the  election,  the  board 
shall  select  one,  and  may  select  two,  polling-places  within  the  district, 
appoint  officers  of  election,  and  make  all  necessary  and  proper  arrange- 
ments for  holding  the  election.  The  tickets  shall  contain  the  words 
"For  the  issuance  of  bonds  as  proposed  by  the  sanitary  board,"  or 
"Against  the  issuance  of  bonds  as  proposed  by  the  sanitary  board." 
The  election  shall  be  conducted  in  accordance  with  the  general  election 
laws  of  the  state,  so  far  as  the  same  shall  be  applicable,  except  as  herein 
otherwise  provided.  Every  qualified  elector  resident  within  the  district 
for  the  length  of  time  necessary  to  enable  him  to  vote  at  a  general 
election  shall  be  entitled  to  vote  at  the  election  above  provided  for. 
After  the  votes  shall  have  been  announced,  the  ballots  shall  be  sealed 
up  and  delivered  to  the  secretary  or  president  of  the  sanitary  board, 
which  shall,  as  soon  as  practicable,  proceed  to  canvass  the  same,  and 
shall  enter  the  result  upon  its  minutes.  Such  entry  shall  be  conclusive 
evidence  of  the  fact  and  regularity  of  all  prior  proceedings  of  every 
kind  and  nature  provided  by  this  act  or  by  law,  and  of  the  facts  stated 
in  such  entry.     If,  at  such  election,  two-thirds  of  the  votes  cast  be  in 


Act  3349,  §  16  GENERAL  LAWS.  1136 

favor  of  the  issuance  of  bonds,  as  proposed  by  the  sanitary  board,  the 
said  board  shall  thenceforth  have  full  power  and  authority  to  issue  and 
dispose  of  bonds  as  proposed  in  the  order  calling  the  election.  [Amend- 
ment approved  March  9,  1893.  Stats.  1893,  p.  88.  In  effect  immedi- 
ately.] 

§  16.  All  bonds  issued  under  the  provisions  of  this  act  shall  be  of 
such  denomination  as  the  sanitary  board  may  determine,  except  that 
no  bonds  shall  be  of  a  less  denomination  than  one  hundred  dollars,  nor 
of  a  greater  denomination  than  one  thousand  dollars.  Said  bonds  shall 
be  payable  in  gold  coin  of  the  United  States  at  the  office  of  the  county 
treasurer  of  the  county  wherein  said  district  is  situated,  and  shall  bear 
interest  at  a  rate  not  exceeding  five  (5)  per  centum  per  annum,  which 
interest  shall  be  payable  semi-annually  in  like  gold  coin.  Not  less  than 
one-twentieth  part  of  the  total  issue  of  bonds  shall  be  payable  each  year, 
on  a  day  to  be  specified  by  the  sanitary  board,  but  no  bonds  shall  be 
payable  in  installments,  but  each  bond  issued  hereunder  shall  be  pay- 
able in  full  on  the  date  specified  therein  by  said  board.  Each  bond 
shall  be  signed  by  the  president  and  countersigned  by  the  secretary  of 
the  sanitary  board,  and  said  bonds  shall  be  numbered  consecutively, 
beginning  with  number  one  (1),  and  shall  have  coupons  attached  refer- 
ring to  the  number  of  the  bond  to  which  they  are  attached,  which 
coupons  shall  be  signed  by  the  president  and  countersigned  by  the  sec- 
retary of  said  board.  The  bonds  must  be  disposed  of  by  the  sanitory 
board  in  such  manner  and  in  such  quantities  as  may  be  determined  by 
said  board  in  its  discretion,  but  no  bond  must  be  disposed  of  for  less 
than  its  face  value.  The  proceeds  of  such  sale  shall  be  deposited  wUb 
the  county  treasurer  and  shall  be  by  him  placed  in  the  fund  to  be  called 

the    sewer    construction    fund    of    sanitary    district    (naming    it)j 

the  money  in  such  fund  shall  be  used  for  the  purpose  indicated  in  the 
order  calling  the  election  upon  the  question  of  the  issuance  of  the  bonds, 
and  for  no  other  purpose;  provided,  that  if  after  such  purposes  are 
entirely  fulfilled  any  balance  remain  in  such  fund,  such  balance  naay, 
upon  the  order  of  the  sanitary  board,  be  transferred  to  either  of  the 
other  funds  provided  by  this  act.  If  the  result  of  the  election  be  against 
the  issuance  of  bonds  no  other  election  upon  the  question  shall  be 
called  or  held  for  a  period  of  one  year.  Whenever  the  entire  amount  of 
bonds  issued  by  any  one  district  under  the  provisions  of  the  act  of 
which  this  is  amendatory  shall  be  presented  by  the  holder  or  holders 
thereof  to  the  sanitary  board  of  the  sanitary  district  issuing  the  same, 
there  shall  be  exchanged  therefor  and  issued  in  lieu  thereof  to  such 
holder  or  holders,  by  the  sanitary  board,  bonds  issued  in  accordance 
herewith  for  the  various  installments  payable  on  the  so  surrendered 
bonds  and  said  new  bonds  so  issued  in  exchange  for  said  old  surrendered 
bonds  shall  be  payable  at  the  same  times  and  place  as  the  installments 
due  under  the  old  bonds;  it  being  the  intention  hereof  to  permit  the 
surrender  of  sanitary  district  bonds  heretofore  issued  payable  in  install- 
ments by  the  holders  thereof,  and  the  exchange  therefor  of  a  like  amount 
of  bonds  of  such  sanitary  district  having  a  denomination  equal  to   the 


1137  SANITARY  DISTRICTS.  Act  3349,  §§  17,  18 

installments  payable  under  one  or  more  of  the  bonds  heretofore  issued 
by  any  one  sanitary  district;  said  new  bonds  to  be  payable  at  the  same 
time  as  said  installments  and  in  equal  amounts;  the  amount  of  sai.i 
new  bonds  to  be  payable  in  any  one  year  to  equal  the  amount  of  thfl 
installments  on  said  old  bonds  payable  in  such  year.  All  expenses  of 
the  exchange  shall  be  borne  by  the  holder  of  the  bonds  presented  for 
exchange,  and  interest  on  the  new  bonds  shall  be  paid  at  the  same  time 
and  rate  as  on  the  old  bonds.  Upon  such  exchange  being  effected  the 
old  bonds  shall  be  canceled  by  punching  holes  in  the  signatures  thereto 
attached,  and  shall  be  retained  by  the  treasurer  of  said  county  as  evi- 
dence of  such  cancellation.  [Amendment  approved  March  23,  1901. 
Stats.  1901,  p.  633.     In  effect  immediately.] 

§17.  It  is  hereby  made  the  duty  of  the  sanitary  board  to  levy,  each 
year,  upon  the  property  within  the  district,  a  sufficient  tax  to  pay  off 
the  interest  accruing  upon  said  bonds  for  the  respective  year,  as  it 
falls  due,  and  also  to  pay  one-twentieth  of  the  principal  of  said  bonrls, 
so  that  the  entire  amount  of  principal  and  interest  of  said  bonds  shiU 
be  paid  within  twenty  years  from  the  date  of  the  issuance  of  said 
bonds;  and  it  is  hereby  made  the  duty  of  the  tax  collector,  or  such 
other  person  as  may  be  charged  with  the  duty  of  collecting  the  sanitary 
taxes,  to  collect  the  said  taxes  so  to  be  levied,  and  the  duty  of  the 
sanitary  board  to  order  the  same  to  be  paid,  in  manner  and  form  as 
provided  by  this  act,  and  the  duty  of  the  county  treasurer  to  pay  the 
same.  If,  for  any  reason,  any  portion  of  the  tax  for  any  year  remains 
unpaid,  and  in  consequence  thereof  any  portion  of  the  interest  or  prin- 
cipal due  for  any  year  remains  unpaid,  the  same  shall  be  added  to  the 
levy  for  the  next  year,  and  be  collected  and  paid  accordingly.  The 
payment  of  the  whole  amount  of  the  principal  and  interest  of  all  of 
said  bonds,  within  twenty  years  from  their  issuance,  is  hereby  made  the 
imperative  duty  of  the  district;  and,  if  necessary  for  that  purpose,  a 
special  tax  shall  be  levied;  and  it  is  hereby  made  the  duty  of  every 
ofKicer  and  board  to  do  his  respective  part  towards  the  levy,  collection, 
and  payment  of  such  tax;  and  mandamus  shall  issue  from  the  superior 
court  of  the  county  in  which  the  district  is  situated,  or  from  any  other 
competent  court,  upon  application  of  any  party  interested,  for  the  pur- 
pose of  compelling  the  performance  of  the  duty  imposed  by  this  act 
upon  any  and  all  officers  or  boards. 

§  18.  If  the  result  of  any  election  upon  the  question  of  the  issuance 
of  bonds  be  in  favor  of  such  issuance,  the  sanitary  board  may,  in  their 
discretion,  before  such  issuance,  commence,  in  the  superior  court  of  the 
county,  a  special  proceeding  to  determine  their  right  to  issue  such  bonds 
and  the  validity  thereof,  similar  to  the  proceeding  in  relation  to  irriga- 
tion bonds,  provided  for  by  an  act  entitled  "An  act  supplemental  to  an 
act  entitled  'An  act  to  provide  for  the  organization _  and  government 
of  irrigation  districts,  and  to  provide  for  the  acquisition  of  water  and 
other  property,  and  for  the  distribution  of  water  thereby  for  irrigation 
purposes,'  approved  March  seventh,  eighteen  hundred  and  eighty-seven, 
and  to  provide  for  the  examination,  approval,  and  confirmation  of  pro- 
Gen.  Laws — 72 


Act  3349,  §§  19-21  GENERAL  LAWS.  1138 

ceedings  for  the  issue  and  sale  of  bonds  issued  under  the  provisions 
of  said  act";  and  all  the  provisions  of  said  act  shall  apply  to  and  govern 
the  proceedings  so  to  be  commenced  by  the  sanitary  board,  so  far  as 
the  same  are  applicable;  and  said  proceedings  shall  be  in  accordance 
with  the  provisions  of  said  act,  so  far  as  the  same  are  applicable,  and 
the  judgment  in  such  proceedings  shall  have  the  same  effect  as  a  judg- 
ment in  relation  to  irrigation  bonds  under  the  provisions  of  said  act. 

§  19.  Any  general  regulation  of  the  sanitary  board  shall  be  by  order 
entered  in  the  minutes,  but  such  order  shall  be  published  once  a  week 
for  one  week  in  some  newspaper  published  within  the  district,  if  there 
be  one,  and  if  there  be  no  such  newspaper  then  such  order  shall  be 
posted  for  one  week  in  three  public  places  within  the  district.  A  sub- 
sequent order  of  the  board  that  such  publication  or  posting  has  been 
duly  made  shall  be  conclusive  evidence  that  such  publication  or  posting 
has  been  properly  made.  Orders  not  establishing  a  general  regulation 
need  not  be  published  or  posted  (unless  otherwise  provided  by  this  act), 
but  shall  be  entered  in  the  minutes,  and  the  entry  shall  be  signed  b}' 
the  secretary  of  the  board.  A  general  regulation  shall  take  effect  imme- 
diately upon  the  expiration  of  the  week  of  publication  or  posting  thereof. 
An  ordinary  order  shall  take  effect  upon  the  entry  in  the  minutes. 

§  20.  The  board  may  instruct  the  district  attorney  of  the  county  to 
commence  and  prosecute  any  and  all  actions  and  proceedings  necessary 
or  proper  to  enforce,  any  of  its  regulations  or  orders,  and  may  call  upon 
said  district  attorney  for  advice  as  to  any  sanitary  subject;  and  it  shall 
be  the  duty  of  the  district  attorney  to  obey  such  instructions  and  to 
give  advice  when  called, on  by  the  board  therefor.  The  board  may  at 
any  time  employ  special  counsel  for  any  purpose.  All  fines  for  the  vio- 
lation of  any  regulation  or  order  of  the  sanitary  board  shall,  after  the 
expenses  of  the  prosecution  are  paid  therefrom,  be  paid  to  the  secretary 
of  the  board,  who  shall  forthwith  deposit  the  same  with  the  county 
treasurer,  who  shall  place  the  same  in  the  running  expense  fund  of 
the  district. 

§  21.  The  district  may  at  any  time  be  dissolved  upon  the  vote  of 
two-thirds  of  the  qualified  electors  thereof,  upon  an  election  called  by 
the  sanitary  board  upon  the  question  of  dissolution.  Such  election  shall 
be  called  and  conducted  in  the  same  manner  as  other  elections  of  the 
district.  Upon  such  dissolution,  the  property  of  the  district  shall  vest 
in  any  incorporated  city  or  town  that  may  at  said  time  be  in  occupa- 
tion of  a  considerable  portion  of  the  territory  of  the  district,  and  if 
there  be  no  such  incorporated  city  or  town,  then  the  property  shall  be 
vested  in  the  board  of  supervisors  of  the  county  until  the  formation  of 
such  a  city  or  town;  provided,  however,  that  if  at  the  time  of  such 
election  to  dissolve  such  district  there  be  any  outstanding  bonded  in- 
debtedness of  such  district,  then,  in  such  event,  the  vote  to  dissolve  such 
district  shall  dissolve  the  same  for  all  purposes  excepting  only  the  levy 
and  collection  of  taxes  for  the  payment  of  such  indebtedness.     And  from 


1139  SANITARY  DISTRICTS.  Act  3349,  §  22 

the  time  such  district  is  thus  dissolved  until  such  bonded  indebtedness, 
with  the  interest  thereon,  is  fully  paid,  satisfied,  and  discharged,  the 
legislative  authority  of  said  incorporated  city  or  town,  or  the  board  of 
supervisors,  if  there  be  no  such  incorporated  city  or  town,  is  hereby 
constituted  ex  officio  the  sanitary  board  of  such  district.  And  it  is 
hereby  made  obligatory  upon  such  board  to  levy  such  taxes  and  per- 
form such  other  acts  as  may  be  necessary  in  order  to  raise  money  for 
the  payment  of  such  indebtedness  and  the  interest  thereon,  as  herein 
provided. 

§  22.  The  sanitary  board  shall  have  power  at  any  time  after  main 
sewers,  or  other  sewers  are  laid,  to  order  and  contract  for  the  con- 
struction of  a  sewer  in  any  street  or  part  of  a  street  of  the  district 
where  a  sewer  is  not  already  constructed,  and  to  provide  by  such  order 
that  the  cost  thereof  shall  be  borne  by  the  property  fronting  along  the 
line  of  the  sewer  as  ordered.  Before  ordering  any  work  done,  or  im- 
provement made,  which  is  authorized  by  this  section,  the  sanitary  board 
shall  pass  a  resolution  of  intention  so  to  do  and  describing  the  work. 
The  secretary  of  the  board  shall  thereupon  cause  to  be  conspicuously 
posted  along  the  line  of  said  contemplated  work  or  improvem.ent,  at  not 
more  than  three  hundred  feet  in  distance  apart,  but  not  less  than  three 
in  all,  notices  of  the  passage  of  said  resolution.  Said  notices  shall,  in 
legible  characters,  state  the  fact  of  the  passage  of  the  resolution,  its 
date  and  briefly  the  work  or  improvement  proposed,  and  refer  to  the 
resolution  for  further  particulars.  He  shall  also  cause  a  notice,  similar 
in  substance,  to  be  published  for  a  period  of  five  consecutive  days  in  a 
daily  newspaper  published  and  circulated  in  said  district,  and  desig- 
nated by  said  sanitary  board,  or  by  one  insertion  in  a  weekly  newspaper 
so  published,  circulated  and  designated.  If  there  be  no  newspaper 
published  and  circulated  in  said  district,  then  and  in  that  case  said  sec- 
relary  shall  post  said  notices  in  three  public  places  in  said  district  in 
addition  to  said  posting  along  the  line  of  said  work  or  improvement. 
Any  owner  or  property  fronting  upon  said  proposed  work  or  improve- 
ment may  make  a  written  objection  to  the  same  within  fifteen  days 
from  and  after  the  first  publication  of  said  notice,  or  from  and  after 
the  day  of  the  posting  of  said  notice  if  the  same  cannot  be  published 
as  herein  provided,  which  objection  shall  be  delivered  to  the  secretary 
of  the  sanitary  board,  who  shall  indorse  thereon  the  date  of  its  recep- 
tion by  him.  The  sanitary  board  shall,  at  its  next  meeting  after  the 
time  for  presentation  of  objections  has  expired,  fix  a  time  for  hearing 
said  objections,  not  less  than  one  week  thereafter.  The  secretary  of 
the  sanitary  board  shall  thereupon  notify  the  person  or  persons  making 
such  objection,  by  depositing  a  notice  thereof  in  the  United  States  post- 
ofl&ce  in  said  district,  or  if  there  be  none  in  said  district,  then  in  the 
one  nearest  thereto,  postage  prepaid,  addressed  to  each  objector,  or  his 
agent,  when  such  objector  appears  by  agent.  At  the  time  specified  said 
sanitary  board  shall  hear  the  objections  urged,  and  pass  upon  the  same, 
and  its  decision  shall  be  final  and  conclusive.  Upon  such  decision  or 
at  the  expiration  of  the  said  fifteen  days,  if  no  written  objection  to  the 


Act  3349,  §  22  GENERAL  LAWS.  1140 

work  therein  described  has  been  made  as  aforesaid  by  any  owner  of  the 
property  fronting  on  said  work  or  improvement,  the  sanitary  board 
shall  be  deemed  to  have  acquired  jurisdiction  to  order  any  work  to  be 
done,  or  improvement  to  be  made,  authorized  by  said  resolution  and 
this  section.  After  said  sanitary  board  has  acquired  jurisdiction  to  do 
such  work  and  make  such  improvement,  it  may  order  the  work  done 
and  improvement  made,  and  provide  in  such  order  a  time  for  receiving 
bids,  and  likewise  authorize  the  president  and  secretary  of  the  sanitary 
board  to  enter  into  a  contract  for  the  performance  of  said  work  and 
making  of  said  improvement.  Such  order  shall  be  published  for  a  pe- 
riod of  five  consecutive  days  in  a  daily  newspaper  published  and  circu- 
lated in  said  district,  and  designated  by  said  sanitary  board,  or  by 
one  insertion  in  a  weekly  newspaper  so  published,  circulated  and  desig- 
nated, and  in  case  there  be  no  such  newspaper  published  and  circulated 
in  said  district,  then  and  in  that  event  such  order  shall  be  posted  in  at 
least  three  public  places  in  said  district;  and  at  the  opening  of  said 
bids  the  board  must  award  the  contract  to  the  lowest  responsible  bidder, 
or  may  reject  any  and  all  bids  and  re-advertise  for  bids  and  upon  the 
opening  of  such  bids  award  the  contract  to  the  lowest  responsible  bid- 
der, unless  the  board  is  satisfied  there  is  collusion  between  bidders  when 
it  may  again  reject  the  bids  and  again  advertise  for  bids  until  they 
are  satisfied  the  bids  are  fair  and  not  made  under  collusion  or  fraud 
when  it  must  award  the  contract.  And  in  case  such  order  is  made  and 
such  contract  is  let,  then  the  cost  of  such  work  and  improvement  done 
under  such  contract  shall  become  a  lien  upon  and  shall  be  assessed 
against  such  blocks,  lots  and  lands  fronting  upon  said  work  and  im- 
provement as  would  be  assessable  for  said  work  and  improvement  under 
the  provisions  of  that  certain  act  entitled  "An  act  to  provide  for  work 
upon  streets,  lanes,  alleys,  courts,  places,  and  sidewalks,  and  for  the  con- 
struction of  sewers  within  municipalities,"  approved  March  eighteenth, 
eighteen  hundred  and  eighty-five,  and  acts  amendatory  and  supple- 
mental thereto,  and  the  manner,  method  and  mode  of  such  assessment 
and  collection  of  such  assessment  and  foreclosure  of  such  lien  shall  be 
made  in  accordance  with  the  provisions  of  section  6  and  subsequent  of 
said  act  and  acts  supplemental  and  amendatory  to  such  provisions;  pro- 
vided, however,  that  the  words  "city  council"  used  in  said  act  shall 
be  understood  to  mean  "sanitary  board";  the  words  "superintendent  of 
streets"  and  "city  engineer"  shall  be  understood  to  mean  "the  engineer 
of  such  sanitary  district";  the  words  "city"  and  "municipality"  shall 
be  understood  to  mean  "sanitary  district";  the  words  "clerk"  and  "city 
clerk"  shall  be  understood  to  mean  "secretary  of  said  sanitary  board"; 
the  term  "treasurer"  or  "city  treasurer"  shall  be  understood  to  mean  any 
person  or  officer  who  shall  have  charge  of  and  make  payment  of  the 
funds  of  such  sanitary  district;  and  further  provided,  that  all  ihe  pow- 
ers and  duties  conferred  by  the  said  provisions  of  said  act  and  acts 
amendatory  and  supplemental  thereof  upon  city  councils,  superintend- 
ent[s]  of  streets,  clerks  and  city  clerks,  and  treasurers  and  engineers 
and  city  engineers  are  hereby  conferred  and  imposed  upon  the  respective 


1141  SANITARY  DISTRICTS.  Act  3349,  §  22  V4 

officers    and   board    above   specified.     [Amendment    approved    March    10, 
1903.     Stats.  1903,  p.  121.     In  effect  immediately.] 

§  22V2'  The  boundaries  of  any  sanitary  district  may  be  altered,  and 
outlying  contiguous  territory  in  the  same  county  as  such  sanitary  dis- 
trict annexed  thereto  in  the  manner  following: 

A  petition  signed  by  the  owner  or  owners  representing  more  than  one- 
half  of  the  assessed  valuation  of  such  contiguous  territory  proposed  to 
be  annexed  as  shown  by  the  last  equalized  assessment-book  of  the  county 
in  which  said  sanitary  district  is  situated,  designating  specifically  the 
boundaries  of  such  contiguous  territory  proposed  to  be  annexed,  and 
the  assessed  valuation  thereof  as  shown  by  said  last  equalized  assess- 
ment-book, au(i  stating  that  such  territory  is  not  within  the  limits  of 
any  other  sanitary  district,  and  asking  that  such  territory  be  annexed 
to  said  sanitary  district,  shall  be  presented  to  the  sanitary  board  thereof. 

At  their  first  regular  meeting  after  the  presentation  of  said  petition 
said  sanitary  board  shall  take  up  and  consider  the  same.  If  such  peti- 
tion is  disapproved,  such  disapproval  shall  be  entered  upon  the  minutes 
of  the  board,  and  no  further  proceedings  shall  be  taken  in  regard  to 
such  annexation  until  a  new  petition  is  filed.  If  said  petition  be  ap- 
]iroved  by  said  board,  such  approval  shall  be  entered  upon  the  minutes 
of  said  board  and  indorsed  upon  said  petition,  and  said  petition  shall 
thereupon  be  transmitted  to  and  filed  with  the  board  of  supervisors  of 
the  cou-.ily  in  which  such  sanitary  district  is  situated.  Said  board  of 
RupervisoiT,  at  its  next  regular  meeting  after  the  filing  of  said  petition, 
shall  by  order  alter  the  boundaries  of  said  sanitary  district  and  annex 
thereto  the  contiguous  territory  described  in  said  petition.  Such  order 
shall  be  conclusive  evidence  of  the  validity  of  all  prior  proceedings 
leading  to  such  annexation  and  recited  in  said  order,  and  from  and 
after  the  same  such  territory  shall  become  and  be  a  part  of  such  sanitary 
district. 

The  property  within  such  territory  so  annexed  shall  be  taxed,  together 
with  the  rema'inder  of  said  district,  to  pay  its  proportion  of  the  unpaid 
lionded  or  other  indebtedness  of  such  sanitary  district  existing  at  the 
time  of  such  annexation  incurred  for  the  cost  of  construction,  esti- 
mated as  hereafter  provided,  of  main  sewers  already  constructed  in  said 
district,  and  also  to  pay  the  running  expenses  of  said  district.  The 
engineer  of  such  district  shall,  when  required  by  the  sanitary  board 
thereof,  estimate  the  unpaid  cost  of  construction  of  all  main  sewers, 
already  constructed  in  said  district  at  the  time  of  such  annexation,  and 
such  estimate  when  approved  by  the  sanitary  board  shall  be  final  and 
conclusive  and  shall  be  the  basis  upon  which  said  sanitary  board  shall 
tax  said  annexed  territory. 

At  any  time  after  the  annexation  of  such  contiguous  territory  the 
sanitary  board  may,  by  an  order  entered  in  the  minutes,  call  an  election 
within  such  annexed  territory  for  the  purpose  of  determining  whether 
bonds  shall  be  issued  for  the  construction  of  sewers  therein.  Such  order 
shall  fix  the  day  of  the  election  and  shall  specify  the  amount  of  money 


Act  3349,  §  22 1^  GENERAL  LAWS.  H42 

to  be  raised,  and  shall  state  in  general  terms  the  purposes  for  which 
it  is  to  be  raised.  A  copy  of  such  order  shall  be  posted  for  four  suc- 
cessive weeks  prior  to  the  election  in  at  least  three  public  places  within 
such  annexed  territory  in  said  district,  and  shall  be  published  for  four 
successive  weeks  prior  to  the  election  in  some  newspaper  published 
within  the  district,  if  there  be  one,  and  if  not,  in  some  newspaper  pub- 
lished in  the  county.  It  shall  be  sufficient  if  the  order  be  published 
once  a  week. 

At  any  time  prior  to  the  day  fixed  for  the  election  the  board  shall 
select  one  polling-place  within  said  annexed  territory,  appoint  officers  of 
election  therein,  and  make  all  necessary  and  proper  arrangements  for 
holding  the  election.  The  tickets  shall  contain  the  words,  "For  the 
issuance  of  bonds  as  proposed  by  the  sanitary  board,"  or  "Against  the 
issuance  of  bonds  as  proposed  by  the  sanitary  board." 

The  election  shall  be  conducted  in  accordance  with  the  general  elec- 
tion laws  of  the  state  so  far  as  the  same  shall  be  practicable,  except  as 
herein  otherwise  provided. 

Every  qualified  elector,  resident  within  such  annexed  territory  for  the 
length  of  time  necessary  to  enable  him  to  vote  at  a  general  election, 
shall  be  entitled  to  vote  at  the  election  above  provided  for. 

After  the  votes  shall  have  been  announced  the  ballots  shall  be  sealed 
up  and  delivered  to  the  secretary  or  president  of  the  sanitary  board, 
which  shall,  as  soon  as  practicable,  proceed  to  canvass  the  same,  and  shall 
enter  the  result  on  its  minutes.  Such  entry  shall  be  conclusive  evidence 
of  the  fact  and  regularity  of  all  the  prior  proceedings  of  every  kind 
and  nature  provided  by  this  act  or  by  law,  and  of  the  facts  stated  in 
such  entry,  and  if  at  such  election  two-thirds  of  the  votes  east  be  in 
favor  of  the  issuance  of  bonds  as  proposed  by  the  sanitary  board,  the 
said  board  shall  thenceforth  have  full  power  and  authority  to  issue  and 
dispose  of  bonds  as  proposed  in  the  order  calling  the  election. 

AH  bonds  so  issued  shall  be  of  such  denomination  as  the  sanitary 
board  may  determine,  except  that  no  bonds  shall  be  of  a  less  denomina- 
tion than  one  hundred  dollars,  nor  of  a  greater  denomination  than  one 
thousand  dollars.  Such  bonds  shall  be  payable  in  gold  coin  of  the 
United  States  at  the  office  of  the  county  treasurer  of  the  county  wherein 
said  district  is  situated  and  shall  bear  interest  at  a  rate  not  exceeding 
five  per  centum  per  annum,  which  interest  shall  be  payable  semi-annually 
in  like  gold  coin.  Not  less  than  one-twentieth  part  of  the  total  issue 
of  bonds  shall  be  payable  each  year  on  a  day  to  be  specified  by  the 
sanitary  board,  but  no  bond  shall  be  payable  in  installments,  but  each 
bond  issued  hereunder  shall  be  payable  in  full  on  the  date  specified 
therefor  by  said  board.  Each  bond  shall  be  signed  by  the  president 
and  countersigned  by  the  secretary  of  the  sanitary  board,  and  said 
bonds  shall  be  numbered  consecutively  beginning  with  number  one,  and 
shall  have  coupons  attached  referring  to  the  number  of  the  bond  to 
which  they  are  attached,  which  coupons  shall  be  signed  by  the  presi- 
dent and  countersigned  by  the  secretary  of  said  board. 

The  bonds  must  be  disposed  of  by  the  sanitary  board  in  such  manner 
and  in  such  quantities  as  may  be  determined  by  such  board  in  its  dis- 
cretion, but  no  bond  must  be  disposed  of  for  less  than  its  face  value. 


1143  SANITARY  DISTRICTS.  Act  3349,  §22% 

The  proceeds  of  such  sale  shall  be  deposited  with  the  county  treasurer 
and  shall  be  by  him  placed  in  the  fund  to  be  called  "The  sewer  con- 
struction fund  of  annexed  territory  of  sanitary  district"  (nam- 
ing it).  The  money  in  such  fund  shall  be  used  for  the  purposes  indicated 
in  the  order  calling  the  election  upon  the  question  of  the  issuance  of 
the  bonds,  and  for  no  other  purpose;  provided,  that  if  after  such  pur- 
poses are  entirely  fulfilled  any  balance  remains  in  such  fund,  such  balance 
may  by  the  order  of  the  sanitary  board  be  transferred  to  the  "bond, 
interest  and  redemption  fund"  for  the  redemption  of  bonds  and  the 
payment  of  interest  thereon,  issued  under  the  provisions  of  this  sec- 
tion. 

If  the  result  of  the  election  be  against  the  issuance  of  bonds  no  other 
election  upon  the  question  shall  be  called  or  held  for  a  period  of  one 
year. 

It  is  hereby  made  the  duty  of  the  sanitary  board  to  levy  each  year_ 
upon  the  property  within  the  said  annexed  territory  a  sufficient  tax  to 
pay  off  the  interest  accruing  upon  said  bonds  for  the  respective  year 
as  each  falls  due,  and  also  to  pay  at  least  one-twentieth  of  the  prin- 
cipal of  said  bonds  so  that  the  entire  amount  of  the  principal  and 
interest  of  said  bonds  shall  be  paid  within  twenty  years  from  the  date 
of  the  issuance  of  said  bonds;  and  it  is  hereby  made  the  duty  of  the 
tax  collector,  or  such  other  person  as  may  be  charged  with  the  duty 
of  collecting  the  sanitary  district  taxes,  to  collect  the  tax  so  to  be 
levied,  and  the  duty  of  the  sanitary  board  to  order  the  same  paid  in 
manner  and  form  as  provided  by  this  act,  and  the  duty  of  the  county 
treasurer  to  pay  the  same.  If,  for  any  reason,  any  portion  of  the  tax 
for  any  year  remains  unpaid,  and  in  consequence  thereof  any  portion 
of  the  interest  or  principal  due  for  any  year  remains  unpaid,  the  same 
shall  be  added  to  and  levied  for  the  next  year,  and  be  collected  and 
paid  accordingly. 

The  payment  of  the  whole  amount  of  the  principal  and  interest  of 
all  of  said  bonds,  within  twenty  years  from  their  issuance,  is  hereby 
made  the  imperative  duty  of  the  annexed  territory;  and,  if  necessary 
for  that  purpose,  a  special  tax  shall  be  levied  by  the  sanitary  board  on 
the  property  situate  in  said  annexed  territory;  and  it  is  hereby  made 
the  duty  of  every  officer  and  board  to  do  his  respective  part  towards 
the  levy,  collection  and  payment  of  such  tax;  and  mandamus  shall  issue 
from  the  superior  court  of  the  county  in  which  the  district  is  situated, 
or  from  any  other  competent  court  upon  the  application  of  any  party 
interested  for  the  purpose  of  compelling  the  performance  of  the  duty 
imposed  by  this  act  upon  any  and  all  boards  and  officers. 

If  the  result  of  any  election  upon  the  question  of  the  issuance  of  bonds 
for  such  annexed  territory  be  in  favor  of  such  issuance,  the  sanitary 
board  may,  in  their  discretion,  before  such  issuance,  commence  in  the 
superior  court  of  the  county  a  special  proceeding  to  determine  their 
right  to  issue  such  bonds  and  the  validity  thereof,  similar  to  the  pro- 
ceedings in  relation  to  irrigation  bonds  provided  for  by  an  act  entitled, 
"An  act  supplemental  to  'An  act  to  provide  for  the  organization  and 
government  of  irrigation  districts,  and  to  provide  for  the  acquisition 
of  water  and  other  property,  and  for  the  distribution  of  water  thereby 


Acts  3353-3355  GENERAL  LAWS.  1144 

for  irrigation  purposes,'  approved  March  seventh,  eighteen  hundred  and 
eighty-seven,  and  to  provide  for  the  examination,  approval,  and  con- 
firmation of  proceedings  for  the  issue  and  sale  of  bonds  issued  under 
the  provisions  of  said  act,"  and  all  the  provisions  of  said  act  shall  ap- 
ply to  and  govern  the  proceedings  so  to  be  commenced  by  the  sanitary 
board,  so  far  as  the  same  are  applicable;  and  said  proceedings  shall  be 
in  accordance  with  the  provisions  of  said  act  so  far  as  the  same  are 
applicable,  and  the  judgment  in  such  proceedings  shall  have  the  same 
effect  as  a  judgment  in  relation  to  irrigation  bonds  under  the  provisions 
of  said  act.  [Amendment  approved  March  9,  1909.  Stats.  1909,  p.  233. 
In  effect  immediately.] 

§  23.     All  acts  and  parts  of  acts  in  conflict  with  this  act,  or  any  por- 
tion thereof,  are  hereby  repealed. 

§  24.     This  act  shall  take  effect  immediately. 

TITLE  435. 
SAN  JOAQUIN  COUNTY. 
ACT  3353. 

An  act  to  furnish,  grant,  convey  and  relinquish  to  the  United  States  of 
America  the  right  of  way  in  San  Joaquin  County  now  (or  here- 
after) obtained  by  the  commissioner  of  public  works  under  an  act 
of  the  legislature,  approved  March  25,  1903,  entitled  "An  act  au- 
thorizing the  commissioner  of  public  works  to  obtain  a  right  of 
way  for  a  canal  to  divert  the  waters  of  Mormon  Channel  into  the 
Calaveras  Eiver,  to  maintain  condemnation  suits  therefor,  and  mak- 
ing an  appropriation  to  pay  for  said  right  of  way,  and  the  costs 
and  expenses  of  obtaining  the  same,"  and  under  the  laws  of  the 
state  of  California  relating  to  such  matters,  for  the  purpose  of  the 
construction  and  completion  of  such  right  of  way  by  the  United 
States  of  America  of  a  diverting  canal  east  of  the  city  of  Stock- 
ton from  the  Mormon  Channel  to  the  Calaveras  Eiver  and  along 
the  channel  of  the  Calaveras  Eiver  to  the  San  Joaquin  Eiver,  pur- 
suant to  an  act  of  Congress  of  June  13,  1902,  and  to  subsequent 
acts  of  Congress  relating  thereto,  and  to  authorize  the  commissioner 
of  public  works  and  the  governor  of  the  state  to  execute  convey- 
ances thereof,  and  to  authorize  and  direct  the  secretary  of  state  to 
countersign  and  make  delivery  of  the  same  to  the  United  States 
of  America.     [Approved  June  9,  1906.     Stats.  1906,  p.  13.] 

ACT  3354. 

Authorizing    the     construction    of    certain    levees    by    certain     parties. 

[Stats.   1877-78,   p.   48.] 
ACT  3355. 

Protecting   certain  lands  from   overflow.     [Stats.    1871-72,   p.   861.] 


1145  SAN  JOAQUIN  COUNTY.  Acts  3356-3365 

ACT  3356. 

Providing    for    the    appointment    of    phonographic    reporter    in.     [Stats. 
1871-72,  p.  551.] 
Repealed   by    Code    of    Civil    Procedure,    §§269-274:    People    v.    Lon    Me,    49 
Cal.  353. 

ACT  3357. 

Concerning  certain  records  of.     [Stats.  1857,  p.  228.] 
This  act  validated  certain  records  of  that  county. 

ACT  3358. 

Roads  and   highways.     [Stats.  1875-76,   p.  341.] 
Amended  1877-78,  p.  1034.     Repealed  1883,  p.  5,   c.  X,   §  2. 

ACT  3359. 

Authorizing   road   districts   in,   to   levy   a   special   tax.     [Stats.   1871-72, 
p.  627.] 
Repealed  by  statute  of  1883,  p.  5,  c.  X,   §  2. 

ACT  3360. 

Regulating    salaries    and    fixing    compensation    of    officers    of.     [Stats. 
1871-72,  p.  874.] 
Repealed   1873-74,    p.   578. 

ACT  3361. 

Regulating  salaries  and  fixing  compensation  of  officers  of.     [Stats.  1873- 
74,  p.  575.] 
Repealed  by  County  Government  Acts:    See  1897,  p.  511,   §  164. 

ACT  3362. 

Shorthand  reporter,  duties  of.     [Stats.  1875-76,  p.  12.] 
Superseded  by  Code  of  Civil  Procedure,    §§268   to   274. 

ACT  3363. 

To  encourage  destruction  of  squirrels  and  gophers  in,  and   to  provide  a 
bounty  for  the  same.     [Stats.  1877-78,  p.  773.] 
Superseded  by  subd.  26,   §  25,  County  Government  Act,  1897,  p.  465. 

ACT  3364. 

Supervisors  of.     [Stats.  1873-74,  p.  466.] 
Repealed  by  County  Government  Acts:   See   1897,  p.  452. 

ACT  3365. 

Making  county  treasurer  ex  officio   tax  collector,   and   the   recorder   ex 
officio  county  auditor.      [Stats.  1873-74,  p.  692.] 
Superseded  by  County  Government  Acts:   See  1897,  p.  452. 


Acts  3366-3380  GENERAL  LAWS.  1146 

ACT  3366. 

An  act  to  pro'tide  one  (1)  additional  judge  of  the  superior  court  of  the 
county  of  San  Joaquin,  State  of  California;  for  the  manner  of  his 
election  and  for  his  compensation.  [Approved  March  18,  1905. 
Stats.  1905,  p.  100.] 

TITLE  436. 
SAN  JOAQUIN  EIVEE. 
ACT  3370. 

Declaring  navigable.     [Stats.  1871-72,  p.  117.] 
Superseded  by  Political  Code,   §  2349,  as  amended  1891,  p.  96. 

ACT  3371. 

Public   wharves   on,   act   concerning.     [Stats.    1871-72,   p.   657.] 

TITLE  437. 
SAN  JOSE. 
ACT  3375. 

Charter  of  San  Jose.     [Stats.  1897,  p.  592.] 
Amended  1905,  p.  684;  1907,  p.  1272. 
Citations.     Cal.  141/660,   663;    145/247;   153/379,   380.     App.  8/235,  236. 

ACT  3376. 

Act  to  reincorporate.     [Stats.  1871-72,  p.  333.] 
Repealed  1873-74,  p.  419. 
Citations.     Cal.  141/662,   663. 

ACT  3377. 

Eeincorporating.     [Stats.  1873-74,  p.  395.] 
Amended  1875-76,  p.  627;    1877-78,  pp.  289,  846;   1891,  p.  97.      Superseded 
by  the   charter  of   Snn   Jose,    1R97,   p.   593. 

Citations.     Cal.    65/359;    66/5;    68/92;    90/39;    92/574;    102/644;    107/188, 
191,    193;    141/063. 

ACT  3378. 

Establishment  of  board  of  health  in,     [Stats.   1877-78,  p.  296.] 
Superseded  by  charter,  1897,  p.  342. 

ACT  3379. 

Authorizing  to  issue  bonds  to  provide  for  sewerage  of  said  city.     [Stats. 
1871-72,  p.  365.] 
Repealed  1873-74,  p.   764. 

ACT  3380. 

Incorporating  the  fire  department  of.     [Stats.  1809-70,  p.  562.] 
Sea  charter  of  that  city,  1897,  p.  624. 


1147  SAN  JUAN— SAN   LUIS   OBISPO    COUNTY.        Acts  3381-3401 

ACT  3381. 

Law  library  in,  establishing.     [Stats.  1873-74,  p.  727.] 
See   Statute   of   1891,   p.   430,   which,   however,   does  not  repeal   this   act,   if   a 
library  had  been   established  under  or  preceding   it. 

ACT  3382. 

Confirming  and  ratifying  acts  of  mayor  and  common  council  of.     [Stats. 
1877-78,  p.  1G3.] 
This  act  authorized  the  opening  of  Market   Street  through  Market  Square. 

ACT  3383. 

Santa  Clara  Avenue  and  certain  public  lands,  act  concerning.     [Stats. 

1877-78,  p.  290.] 
ACT  3384. 
Authorizing  and  empowering  the  school  trustees  to  erect  a  high  school 

building.     [Stats.  1897,  p.  167.] 
ACT  3385. 

Providing    for    the    opening,    widening,    and    extending    of    streets    in. 
[Stats.  1877-78,  p.  620.] 
Probably  superseded  by  the  Vrooman  Act,   1885,  p.  147. 

TITLE  438. 

SAN  JUAN. 
ACT  3390. 

Incorporating  town  of.     [Stats.  1869-70,  p.  24.5.] 
Superseded  by  incorporating,   in  1896,  under  the  statute  of  1883. 

TITLE  439. 

SAN  LEANDEO. 
ACT  3395. 

To  incorporate.     [Stats.  1871-72,  p.  458.] 
Repealed  by  revising  act,  1873-74,  p.  63. 

ACT  3396. 

Incorporating.     [Stats.   1873-74,  p.  63.] 
Revising   act   of   March    21,    1872,    p.    458.      Superseded    by    incorporating,    in 
1892,  under  statute  of  1883. 

TITLE  440. 
SAN  LUIS  OBISPO  COUNTY. 
ACT  3401. 

Concerning  trespassing  animals  in.     [Stats.   1871-72,  p.   749.] 
The   code   commissioners    (1903)    say:    "Probably  repealed  by   the   estray   law 
of  1897,   p.   198;   1901,  p.   603." 


Acts  3402-3414  GENERAL  LAWS.  1148 

ACT  3402. 

Regulating  fees  and  salaries  in.     [Stats.   1869-70,  p.  437.] 
Amended   1871-72,    p.   425;    1875-76,   p.   912. 
See  note  to  Act   1119,   ante. 

ACT  3403. 

Regulating  fees  of  recorder  of.     [Stats.  1877-78,  p.  701.] 
Repealed  by  County  Government  Acts:    See   1897,   p.   527,    §  176. 

ACT  3404, 

Fees  and  compensation  of  district  attorney  of.     [Stats.  1877-78,  p.  451.] 
Superseded  by  County  Government  Acts:    See   1897,  p.   527,    §  176. 

ACT  3405. 

Authorizing  transcribing  of  records  in.     [Stats.  1860,  p.  11.] 
ACT  3406. 
Authorizing    the    transcribing    of    certain    records    in.     [Stats.    1871-72, 

p.  402.] 
ACT  3407. 

Concerning  roads  in.     [Stats.  1871-72,  p.  134.] 
Amended  1871-72,  p.  690.     Repealed  1873-74,  p.  30. 

ACT  3408. 

Providing    funds    for    road    purposes    of.     [Stats.    1875-76,    p.    907.] 
ACT  3409. 

Fixing  salaries  of  certain  officers  of.     [Stats.  1873-74,  p.  618.] 
"Repealed   as    to    county   judges   by   the    constitution   of    1879,    abolishing    the 
offices,   and   as  to  the  other  offices,   by  the  County  Government  Acts:    See   1897, 
p.   452." — Code  Commissioners'    Note. 

ACT  3410. 

Salaries  and  compensation  of  certain  officers.     [Stats.  1875-76,  p.  608.] 
Amended  1877—78,  p.   128.     Repealed  by  County  Government  Acts,   see   1897, 
p.   527,    §  176. 

ACT  3411. 

Making  the   act  to   abate   the   squirrel   nuisance   applicable  to.     [Stats. 

1875-76,  p.  637.] 
ACT  3412. 

Providing  for  an  additional  superior  judge  for.     [Stats.  1889,  p.  6.] 
ACT  3413. 

Reducing  the  number  of  superior  judges  in.     [Stats.   1889,  p.   333.] 

ACT  3414. 

Supervisors,  reorganizing.     [Stats.  1875-76,  p.  493.] 
Amended  1877-78,  p.  36.      Superseded  by  County  Government  Acts:   See  1897, 
p.  452. 


1149      SAN  LUIS  OBISPO,  TOWN  OP— SAN  MATEO   COUNTY.     Acts  3418-3431 

TITLE  441. 
SAN  LUIS  OBISPO,  TOWN  OF. 
ACT  3418. 

Incorporating.     [Stats.   1875-76,   p.    361.] 
Amended    1877-78,    p.    683.      Superseded    by    incorporating,    in    1884,    under 
Municipal  Corporation  Act  of  1883. 

ACT  3419. 

Act  reincorporating.     [Stats.  1871-72,  p.  220.] 
Amended    1871-72,    p.   434;    1873-74,    p.    328.      Superseded   by    incorporating 
under  Municipal   Corporation   Act   of   1883. 

ACT  3420. 

Issuance  of  bonds  by.     [Stats.  1875-76,  p.  382.] 
ACT  3421. 
Substitution  of  bonds  of  city  of  in  lieu  of  bonds  of  the   town  of  San 

Luis  Obispo.     [Stats.  1877-78,  p.  237.] 
ACT  3422. 

Town  of,  funds  for.     [Stats.  1873-74,  p.  294.] 
Superseded   by   incorporating,    in    1884,    under   Municipal    Corporation    Act    of 
1883. 

This  act  authorized  the   issuance   and  sale  of  bonds. 

ACT  3423. 

In  relation  to  the  police  judge  of.     [Stats.  1877-78,  p.  946.] 
Superseded   by   incorporation,    in   1884,   under   the   Municipal   Corporation   Act 
of  1883. 

ACT  3424. 

Streets  and  roads.     [Stats.  1877-78,  p.  701.] 
Modified   by   Political    Code,    §  2642,    abolishing    the    office    of    road    overseers. 
Superseded  by  incorporation,  in  1884,  under  Municipal  Corporation  Act  of  1883. 

ACT  3425. 

To  settle  title  to  lands  in  the  town  of.     [Stats.  1867-68,  p.  245.] 
Citations.     Cal.  94/132. 

TITLE  442. 
SAN  MATEO  COUNTY. 
ACT  3430. 

Boundary  fences  and  trespass  of  animals  in.     [Stats.   1875-76,  p.   173.] 
As  to   trespassing  of  animals,  repealed   1897,   p.   198. 

ACT  3431. 

Providing   for    construction    and   improvement    of   highways   in.     [Stats. 
1871-72,  p.  297.] 
Repealed  1883,   p.   5,   c.  X,    §  2. 


Acts  3432-3440  GENERAL  LAWS.  1150 

ACT  3432. 

Preseribicg   duties    and    providing   salaries   for   certain    officers    of,    etc. 
[Stats.   1873-74,  p.  479.] 
Amended  1873-74,  p.  779;   1877-78,  p.  583.     Modified  and  probably  repealed 
by  County   Government  Acts:    See   1897,  p.   462 

ACT  3433. 

Pounds  in,  establishing.     [Stats.  1875-76,  p.  335.] 
Amended   1877-78,   p.    333.     Repealed  by    1897,   p.    198,   and   subd.    14,    §  25, 
County   Government  Act,    1897,  p.  463. 

ACT  3434. 

Road  overseer  in,  compensation  of.     [Stats.  1875-76,  p.  31.] 
Repealed  as  to  road  overseers   by  Political  Code,    §  2642. 

ACT  3435. 

Eoad  overseers,  compensation  of.     [Stats.  1S77-78,  p.  109.] 
Superseded   by   Political   Code,    §  2652,    as   amended   in    1891,   p.   478,   and  by 
County  Government  Acts:   See   1897,  p.  452. 

ACT  3436. 

Extermination  of  squirrels.     [Stats.  1877-78,  p.  218.] 
Superseded  by  subd.  26,    §  25,  County  Government  Act,   1897,  p.  465. 

ACT  3437. 

To   confer  powers  upon  supervisors  of.     [Stats.   1877-78,  p.  700.] 
Repealed  1881,  p.   21. 

This   act   authorized   the    supervisors   to    transcribe    the   records   of    San   Fran- 
cisco and   San  Mateo  counties. 

ACT  3438. 

Supervisors,  additional  powers  of.     [Stats.  1875-76,  p.  485.] 
Superseded  by  County  Government  Acts:   See  1897,  p.  452. 

This   act    authorized   the   supervisors   to    empower   the   treasurer    to   appoint    a 
deputy. 

ACT  3439. 

Transfer    of    swamp    land    fund    of,    to    general    fund.     [Stats.    1875-76, 

p.  213.] 

Superseded  by  subd.   18,    §  25,   County  Government  Act,   1897,   p.  463. 

ACT  3440. 

To  declare  certain  tide  lands  public  grounds  and  granting  the  same  to, 
in  trust  for  the  use  of  the  public.     [Stats.  1893,  p.  42.] 


1151  SAN  EAFAEL— SANTA  BARBARA  CITY.         Acts  3445-3456 

TITLE  443. 
SAN  RAFAEL. 
ACT  3445. 

Incorporating.     [Stats.   1873-74,   p.   111.] 
Amended    1877-78,    p.    767.      Superseded    by    incorporating,    in    1889,    under 
Municipal   Government  Act  of   1883. 

TITLE  444. 
SANTA  BARBAEA  CITY. 
ACT  3449. 

Charter  of.     [Stats.  1899,  p.  448.] 
Amended  1905,  p.  929;  1909,  p.  1149. 
Citations.     Cal.  140/558,  559;    142/670.     App.  6/342,   344. 

ACT  3450. 

Incorporating.     [Stats.    1873-74,  p.   330.] 
Amended  1875-76,  p.  285;   1877-78,  p.  776.     Last  act  repealed  1887,  p.  103. 
Superseded  by  the  charter  of   Santa  Barbara,    1899,  p.   450. 

ACT  3451. 

Additional  powers  of  common  council.     [Stats.  1877-78,  p.  292.] 
Superseded  by  charter  1899,  p.  448. 

ACT  3452. 

Legalizing  proceedings  of  trustees  of.     [Stats.   1865-66,  p.  638.] 

ACT  3453. 

Legalizing  grants  of  lands  in.     [Stats.  1861,  p.  371.] 
Supplemented  1862,  p.  495.     Amended  1863,   p.   47. 
This  act  legalized  grants  made  by  the  Ayuntamiento. 

ACT  3454. 

To  legalize  and  confirm  certain  grants  and  sales  of  town  lands  by  the 
board  of  trustees  and  the  mayor  and  common  council  of  the  city  of 
Santa  Barbara,  made  since  the  passage  of  the  act  of  March  31, 
1866.      [Stats.   1869-70,  p.  666.] 

ACT  3455. 

Confirming  conveyances  made  to  Santa  Barbara  Cemetery  Association. 
[Stats.  1875-76,  p.  572.] 

ACT  3456. 

Ratifying  ordinance  47  and  ordinance  48,  passed  by  common  council  of. 
[Stats.   1875-76,  p.  282.] 
These  ordinances  related  to  certain  city  blocks  and  certain  plazas. 


Acts  3457-3469  GENERAL  LAWS.  1152 

ACT  3457. 

Laying  out,  opening,  and  improving  streets  in.     [Stats.  1877-78,  p.  777.] 
"Unconstitutional.      (Boorman    v.    Santa    Barbara,    65    Cal.    313.)      Superseded 
by   Vrooman    Act,    1885,    p.    147,    and   by   the    charter   of    Santa   Barbara,    1899, 
p.   450." — Code   Commissioners'   Note. 
Citations.      Cal.  65/314;   72/416. 

TITLE  445. 
SANTA  BAEBAEA   COUNTY. 
ACT  3462. 

Concerning  trespassing  animals  in.     [Stats.  1871-72,  p.  749.] 
Repealed  by  estray  law  of  1897,  p.  198.      See,  also.  Stats.  1901,  p.  603. 

ACT  3463. 

Concerning  conveyances  in.     [Stats.   1873-74,  p,  61.] 
This  act  validated  a  deed  acknowledged  and  recorded  by  0.  E.  Cook,  formerly 
county  clerk  and  ex  officio   county  recorder. 

ACT  3464. 

County  clerk  of.     [Stats.  1875-76,  p.  212.] 
Repealed  by  County  Government  Acts:   See  1897,  p.  531,   §  179. 

ACT  3465. 

Fixing  salaries  of  certain  officers.     [Stats.  1873-74,  p.  618.] 
"Repealed  as   to  county  judges  by   the    constitution  of   1879,   and   as  to   other 
officers    by    the    County   Government    Acts:    See    1897,    p.    452." — Code    Commis- 
sioners'  Note. 

ACT  3466. 

Concerning  roads  in.     [Stats.  1871-72,  p.  134.] 
Amended  1871-72,  p.  690.     Repealed  1873-74,  p.  30. 

ACT  3467. 

Creating    special    road    district    in,    and    providing    road    fund.     [Stats. 
1875-76,  p.  494.] 
Repealed   1877-78,   p.  108. 

ACT  3468. 

To    provide    for    the    extermination    of    squirrels    in.     [Stats.    1877-78, 
p.  787.] 
Repealed   1880,  p.   7. 

ACT  3469. 

Legalizing  all  proceedings  of.     [Stats.  1871-72,  p.  78.] 
Citations.     Cal.  52/157. 


1153  SANTA  CLARA  CITY — SANTA  CLARA  COUNTY.       Acts  3473-3485 

TITLE  446. 
SANTA  CLARA  CITY. 
ACT  3473. 

Act  to  reincorporate.     [Stats.  1871-72,  p.  251.] 
Amended  and  sections   added,   1873-74,  p.   591. 
Citations.     Cal.  143/554. 

ACT  3474. 

Authorizing    corporate    authorities    to    take    and    hold    in    trust    certain 
lands.     [Stats.  1871-72,  p.  306.] 
This  act  had  reference   to   certain  lands  granted  by   Congress   to   the   town  of 
Santa  Clara  for  the  benefit  of  the  bona  fide  occupants. 

TITLE  447. 
SANTA  CLAEA  COUNTY. 
ACT  3479. 

To  provide  for  the  construction  and  protection  of  the  Alameda  road  in. 

[Stats.   1871-72,  p.  367.] 
ACT  3480. 
Artesian  wells  in,  act  to  regulate  use  of,  and  to  prevent  waste  of  water. 

[Stats.  1875-76,  p.  331.] 
Repealed  1877-78,  p.   196. 

ACT  3481. 

Defining  duties  of  county  assessor  of.     [Stata.  1871-72,  p.  534.] 
See  §§  14'8  and  162  of  the  County  Government  Act,  1897,  pp.  491,  507. 
This  act  made   the  assessor  the  collector  of  poll  taxes. 

ACT  3482. 

Auditor,  seal  of  office.     [Stats.  1873-74,  p.  600.] 
ACT  3483. 

Authorizing  supervisors  to  pay  certain  moneys  to  county  clerk  and  audi- 
tor.    [Stats.   1871-72,  p.  859.] 
Repealed  by  County   Government  Act,   1897,   p.   452. 

ACT  3484. 

Coroner  of.     [Stats.  1877-78,  p.  426.] 
Repealed  by  County   Government   Acts:    See   1897,  p.   506,    §  161. 

ACT  3485. 

Regulating  fees  of  county  clerk.     [Stats.  1871-72,  p.   212.] 
Amended   1875-76,   p.   402.     Repealed  by   fee  bill,   1895,   p.   267.      (Miller  y. 
Ciirry,   113  Cal.   644.) 
Gen.  Laws — 78 


Acts  3486 -3495  GENERAL  LAWS.  1154 

ACT  3486. 

Firemen   of,   exemption  from   payment   of   poll   taxes.     [Stats.    1873-7'!, 
p.  825.] 
"Probably    superseded  by    County    Government    Acts:    See    1897,    p.    452,    and 
constitution   of   1879,    §  12,    art.   XIII." — Code    Commissioners'    Note. 

ACT  3487. 

To  increase  the  number  of  judges  of  the  superior  court,  and  to  pro- 
vide for  the  appointment  of  an  additional  judge.  [Stats.  1897, 
P    ?.] 

ACT  3488. 

Fees  and  salaries  of  officers  of.     [Stats.  1873-74,  p.  610.] 
Repealed  by  County  Government  Acts:   See   1897,  p.   506,   §  161. 

ACT  3489. 

Fees   and  salaries  of  officers  of.     [Stats.   1875-76,  p.  35.] 
Amended  1875-76,  p.   363;   1877-78,  p.   288. 

"Repealed  as  to  salaries  by  County  Government  Act:  See  1897,  p.  506,  §  161; 
and  as  to  fees  by  the  fee  bill  of  1895,  p.  267,  as  to  the  officers  therein  pro- 
vided for." — Code   Commissioners'    Note. 

ACT  3490. 

Eecorder  of,  fees  of.     [Stats.  1873-74,  p.  230.] 
Repealed  by  the  fee  bill  of  1895,  p.  267. 

ACT  3491. 

Legalizing   certain  records  of.     [Stats.   1861,  p.   507.] 

ACT  3492. 

Concerning  Spanish  records  in.     [Stats.  1863,  p.  11.] 
This  act  authorized  the  translation  into  English  of  the   Spanish   records. 

ACT  3493. 

Concerning  the  county  records  of.     [Stats.  1869-70,  p.  779.] 
This  act  provided  for   the   transcribing  of  the   records. 

ACT  3494. 

Complete    records    in,    providing    for    the    keeping    of.     [Stats.    1873-74, 
p.  231.] 
Superseded    by    County    Government    Act,    1897,    p.    484,    §§  120,    121,    as    to 
recorders  only. 

ACT  3495. 

Eoads  and  highways.     [Stats.  1873-74,  p.  453.] 
Amended  1875-76,   pp.   167,   606. 

"Unconstitutional  as  to  condemnation  proceedings.  (Weber  v.  Santa  Clara, 
59  CaL  265.)      Repealed  1883,  p.  5,   c.  X,   §  2." — Code  Commissioners'   Note. 


1155  SANTA   CRUZ  CITY— SANTA  CRUZ   COUNTY.     Acts  3496-3511 

ACT  3496. 

Public  roads  in,  protection   of.     [Stats.    1875-76,   p.   250.] 
Repealed  1877-78,  p.  298. 

ACT  3497. 

Providing  for   opening  of  Santa  Clara   and   Saratoga   avenues.     [Stats. 
1871-72,  p.  415.] 
Repealed  1873-74,   p.   556.     Unconstitutional:   Williams  v.   Corcoran,   46   Cal. 
553. 

Citations.     Cal.  46/555. 

ACT  3498. 

Santa    Clara    Avenue,    providing    for    opening    and    improving.     [Stats. 
1871-72,  p.  370.] 
Amended   1873-74,  p.  538.     Repealed   1877-78,  p.   291. 
Citations.     Cal.  141/662,  663. 

ACT  3499. 

Concerning  streams  in.     [Stats.  1871-72,  p.  652.] 

Amended  1877-78,  p.  293.      Superseded  by  subd.  41,  §  25,  and  by  §  52,  County 
Government  Act,    1897,   pp.   467,  473. 

This  act  gave  the  supervisors  certain  powers  over  innavigable  streams. 

TITLE  448. 
SANTA  CRUZ  CITY. 
ACT  3504. 

Eeincorporating.     [Stats.  1875-76,  p.  189.] 
Supplemented   1877-78,  p.  870. 
Citations.      Cal.  60/68,  69. 

ACT  3505. 

To    incorporate,   amending   and   supplementing   act   of    March   31,    186G. 
[Stats.  1871-72,  p.  471.] 
Superseded  1875-76,  p.  189. 

ACT  3506. 

Isaac   E.   Davis  'and   Henrys  Cowell    authorized   to   lay   water   pipes   in. 
[Stats.  1873-74,  p.   229.] 

TITLE  449. 
SANTA  CRUZ   COUNTY. 
ACT  3511. 

To  provide  a  sufficient  number  of  deputies  for  the  county  assessor  of. 
[Stats.  1877-78,  p.  958.] 
Repealed  by   County  Government  Acts:    See   1897,   p.   452. 


Acts  3512-3525  GENERAL  LAWS.  1156 

ACT  3512. 

In  relation  to   office  of  district  attorney  of.     [Stats.  1871-72,  p.  440.] 
Repealed  by  County  Government  Act,  1897,  p.  523,   §  172. 

ACT  3513. 

Fees  and  salaries  of  officers  of.     [Stats.  1875-76,  p.  576.] 
Repealed  by  County  Government  Acts:   See  1897,  p.  523,   §  172. 

ACT  3514. 

Juries   in   justices'    courts   and   witnesses    in    courts   of    record.     [Stats- 
1877-78,  p.  564.] 
Repealed  by  fee  bill  of  1895,  p.  273. 

ACT  3515. 

Public    and    private   roads  in.     [Stats.    1875-76,   p.    611.] 
Repealed  1883,  p.  5,  c.  X,    §  2. 

ACT  3516. 

Authorizing  condemnation  of  lands  for  road  purposes.     [Stats.   1871-72, 
p.  397.] 
"Probably    superseded    by    the    provisions    of    subds.    4,    7,    and    37    of    §  25, 
County  Government   Act,    1897,    p.   457." — Code   Commissioners'   Note. 

ACT  3517. 

To  regulate  fees  of  sheriff.     [Stats.  1871-72,  p.  331.] 
Repealed  by  fee  bill,  1895,  p.  269. 

ACT  3518. 

Supervisors,  duties  and  salaries  of.     [Stats.  1877-78,  p.  155.] 
Repealed  by  County  Government  Acts:   See  1897,  p.  452. 

ACT  3519.  ^ 

Supervisors,   change  of  line  of  Santa  Cruz  Kailroad  Company.     [Stats. 

1875-76,  p.  725.] 
ACT  3520. 

County  surveyor  of.     [Stats.  1875-76,  p.  34,] 
This  act  fixed  the  fees  and  compensation  of  the  surveyor. 

TITLE  450. 
SANTA  MONICA. 
ACT  3525. 

Seagulls,  protection  of.     [Stats.  1875-76,  p.  287.] 
This  act  prohibited  the  killing  of  gulls  within  five  miles  of  the  fown. 
Codified  by  §  599,  Penal  Code.  ' 


1157  BANTA  ROSA— SCHOOLS.  Acts  3529-3535 

TITLE  451. 
SANTA  EOSA. 
ACT  3529. 

Charter  of.     [Stats.   1903,  p.  703.] 
A  new  charter  was  adopted  in  1905,   Stats.  1905,  p.  867. 
Citations.     Cal.  142/301. 

ACT  3530. 

Reincorporating.     [Stats.  1871-72,  p.  628.] 
Amended  1873-74,  p.  378.     Entire  act  amended  1875-76,  p.  251. 
CiUtions.     Cal.  138/152. 

ACT  3531. 

Eeineorporating.     [Stats.  1875-76,  p.  251.] 
Citations.     Cal.  102/427;   125/121;   126/349;   138/152. 

ACT  3532. 

Altering   and  defining  limits  of.  '  [Stats.   1869-70,  p.  473,] 

ACT  3533. 

Board  of  education  of,  powers  and  duties  of,  establishing  and  defining 
[Stats.  1875-76,  p.   514.] 

SCHOOL  LANDS. 
See  "Public  Lands,"  ante. 

SCHOOL  OF  INDUSTET. 
Se«  "Preston  School  of  Industry,"  ante. 

SCHOOL  OF  EEFOEM. 
8ee  "Whittier  State  School,"  post. 

TITLE  452. 
SCHOOLS. 
ACT  3534. 

An  act  to  provide  for  certain  improvements  and  repairs  to  the   State 
Normal  School  at  San  Jose  and  making  an  appropriation   therefor. 
[Approved  June   14,   1906.     Stats.   1906,  p.  28.] 
Twenty-nine  thousand  dollars  was  appropriated  for  the  purposes  indicated. 

ACT  3535. 

An  act  to  provide  for  the  purchase  of  a  site,  for  the  erection,  equipment, 
and  furnishing  of  a  building  or  buildings,  and  for  the  improvement 
of  grounds,  for  the  use  of  the  San  Francisco  State  Normal  School; 
and  making  an  appropriation  therefor.  [Approved  March  3,  1905. 
Stats.  1905,  p.  38.] 


Act  3536,  §§  1,  2  GENERAL  LAWS.  1158 

ACT  3536. 

An  act  to  provide  for  the  registration  of  bonds  issued  by  common  school, 

high  school,  or  union  high  school  districts. 

[Approved  March  18,  1905.     Stats.  1905,  p.  123.] 

§  1.  Whenever  the  owner  of  any  coupon  bond,  or  if  any  bond  payable 
to  bearer,  already  issued  or  hereafter  issued  by  any'  common  school, 
high  school,  or  union  high  school  districts  now  or  hereafter  existing  in 
this  state,  shall  present  any  such  bond  to  the  treasurer  or  other  officer 
of  the  county  in  which  said  district  is  located,  who  by  law  performs  the 
duties  of  treasurer,  with  a  request  for  the  conversion  of  such  bond  into 
a  registered  bond,  such  treasurer,  or  such  other  officer,  shall  cut  off  and 
cancel  the  coupons  of  any  such  coupon  bond  so  presented,  and  shall 
stamp,  print  or  write,  upon  such  coupon  bond,  or  such  other  bond  pay- 
able to  bearer,  so  presented,  either  upon  the  back  or  upon  the  face 
thereof,  as  may  be  convenient,  a  statement  to  the  effect  that  the  said 
bond  is  registered  in  the  name  of  the  owner,  and  that  thereafter  the 
interest  and  principal  of  said  bond  are  payable  to  the  registered  owner. 
Thereafter,  and  from  time  to  time  any  such  bond  may  be  transferred 
by  such  registered  owner  in  person,  or  by  attorney  duly  authorized  on 
presentation  of  such  bond  to  such  treasurer,  or  such  other  officer,  and 
the  bond  be  again  registered  as  before,  a  similar  statement  being 
stamped,  printed,  or  written  thereon.  Such  statement  stamped,  printed, 
or  written  upon  such  bond  may  be  in  substantially  the  following  form: 
(Date,  giving,  month,  year,  and  day.) 

This  bond  is  registered  pursuant  to  the  statute  in  such  cases  made  and 

provided   in    the   name   of   (here   insert    name    of   owner)    and   the 

interest  and  principal  thereof  are  hereafter  payable  to  such  owner. 

Treasurer  (or  such  other  officer). 
After  any  bond  shall  have  been  registered  as  aforesaid,  the  principal 
and  interest  of  such  bond  shall  be  payable  to  the  registered  owner. 
Such  treasurer  or  such  other  officer,  shall  keep  in  his  office  a  book  or 
books  which  shall  at  all  times  show  what  bonds  are  registered  and  in 
whose  names  respectively. 

§  2.  Whenever  under  any  statute  or  law  of  this  state  any  bonds  are 
issued,  whether  the  proceedings  for  the  issuance  of  such  bonds  have  becsn 
had  in  whole  or  in  part  prior  to  the  enactment  of  this  statute,  or  whether 
the  same  have  been  had  in  whole  or  in  part  after  the  enactment  of  this 
statute,  such  bonds  may  be  issued  either  in  the  form  of  coupon  bonds, 
or  in  the  form  of  registered  bonds,  or  some  in  the  form  of  coupon  bonds, 
and  some  in  the  form  of  registered  bonds,  as  has  been  or  hereafter  may 
be  provided  in  the  proceedings  for  the  issuance  of  such  bonds,  and  not- 
withstanding any  language  or  provision  to  the  contrary  contained  in  any 
such  statute  authorizing  the  issuance  of  the  bonds,  or  in  any  other  law 
of   the  state.     The   provisions  of   section   1   of  this  act  shall   apply  to 


1159  SCHOOLS.  Acts  3537-3544 

coupon   bonds,   so   issued,   as  well   as   to    other   coupon   bonds,   or   other 
bonds  paj'able  to  bearer. 

ACT  3537. 

An  act  confirming  the  organization  of  school  districts. 
[Approved  March  18,  1905.     Stats.  1905,  p.  243.] 

§  1.  All  school  districts  in  this  state  that  for  a  period  of  five  (5)  years 
have  been  acting  as  school  districts  under  the  laws  of  this  state,  are 
hereby  declared  to  be  duly  incorporated  and  to  be  bodies  politic  under 
the  laws  of  this  state,  and  as  such  school  districts,  under  their  appro- 
priate names,  shall  have  all  the  rights  and  privileges  and  be  subjected 
to  all  of  the  duties  and  obligations  of  duly  incorporated  school  dis- 
tricts. 

§  2.     This  act  shall  take  effect  immediately. 

ACT  3538. 

Putah  school  district  and  Yolo  school  district,  union  of.     [Stats.  1873-74, 

p.  350.] 
ACT  3539. 

Siskij'ou,   Modoc,   and   Sonoma   counties,   apportioning  school   moneys  in, 

manner  of.     [Stats.  1873-74,  p.  896.] 

Amended  1875-76,   p.   33.      Superseded  by  Political  Code,    §§1543,   1858. 

ACT  3540. 

Wood's  Island,  in  Sacramento  County,  annexed  to  Kio  Vista  school  dis- 
trict in  Solano  County,  for  school  purposes.     [Stats.  1875-76,  p.  32.] 

ACT  3541. 

Grass  Valley  school  district,  board  of  education,  establishing  and  defin- 
ing  powers   of.     [Stats.    1875-76,   p.   233.] 
ACT  3542. 

School    moneys,    distribution    of    in    certain    counties.     [Stats.    1875-76, 
p.  332.] 
This   act  related  to   Fresno,   Contra   Costa,    Shasta,   and  Lassen   counties.     Re- 
pealed   as    to    Fresno    County,    1877-78,    p.    782.     Repealed    as    to    Contra    Costa 
County,   1877-78,  p.   182.      Superseded  by  Political  Code,    §  1858. 

ACT  3543. 

Consolidating   Eattlesnake   school    district   with    Wild   Goose   school    dis- 
trict, in  El  Dorado  County.     [Stats.  1875-76,  p.  801.] 

ACT  3544. 

Millville   school    district.   Shasta   County,    an   act   concerning   census   of. 
[Stats.   1875-76,  p.  817.] 
Superseded  by  Political   Code,    §  1617,   subd.   16,    and   §  1634. 


Acts  3545-3553  GENERAL  LAWS,  1160 

ACT  3545. 

Setting  off  southwestern  portion  of  Sutter  Island,  in  Sacramento  County, 

from    Onisbo    school    district,    to    Slough    school    district   for    school 

purposes.     [Stats.  1877-78,  p.  591.] 

ACT  3546. 

Scott's  Valley  school   district,  Siskiyou  County,   authorizing  trustees   of 
to  borrow  money  for  school  purposes.     [Stats.  1877-78,  p.  593.] 

ACT  3547. 

Courthouse    school    district,    Sonoma    County,    to    re-establish.      [Stats. 

1877-78,  p.  752.] 
ACT  3548. 

To  attach  a  portion  of  Kings  Eiver  Switch  school  district  to  Kingsbury 
school    district,   in    Fresno    County.     [Stats.    1877-78,    p.    1010.] 

ACT  3549. 

For  the  establishment  of  high  schools.     [Stats.  1891,  p.  182.] 
Citations.      Cal.  101/656;    102/470;    112/317;    124/696,    697;    129/602;    140/ 
557,   558,   559,   560,   561. 

Unconstitutional:  McCabe  v.  Carpenter,  102  Cal.  469.     Repealed  1893,  p.  276. 

ACT  3550. 

Legalizing  the  establishment  of  high  schools  in  incorporated  cities,  and 

providing  for  the  maintenance  and  support  of  such  schools.     [Stats. 

1901,  p.  299.] 

Citations.     Cal.  152/519. 

ACT  3551. 

To  authorize  the  establishment  of  county  high  schools,  and  provide  for 
their  support.     [Stats.  1891,  p.  57.] 
Repealed  1893,   p.   276. 

ACT  3552. 

An    act    relative    to    the    meeting-place    of    high    school    boards    within 
municipal   corporations.     [Became    a    law   under   constitutional    pro- 
vision  without   governor's   approval,   March   15,   1901.     Stats.   1901, 
p.  296.] 
Repealed  1909,  p.  473. 

ACT  3553. 

An  act  creating  a  fund  for  the  benefit  and  support  of  high  schools  and 
providing   for   its    distribution,   and   repealing   an   act   entitled   "An 
act  creating  a  fund  for  the  benefit  and  support  of  high  schools,  and 
.   providing    for    its    distribution,"    approved    March    2,    1903.     [Ap- 
proved March  6,  1905.     Stats.  1905,  p.  58.] 
Amended   1906,  p.   41.     Repealed   1909,  p.  473. 
Citations.      Cal.  152/516,  517,  518,  520,   521,  522. 
Former  statute:   See  State.  1903,  p.  64,  repealed  by  above  act  of  1905,  p.  58. 


1161  SCHOOLS.  Acts  3554-3560 

ACT  3554. 

Establishing  a  branch  state  normal  school.     [Stats.  1881,  p.  89.] 
This  act  established  a  branch  in  Los  Angeles  County. 

ACT  3554a. 

An  act  to  authorize  and  empower  the  board  of  trustees  of  the  state 
normal  school  at  Los  Angeles  to  sell  and  convey  the  lands  and  build- 
ings of  said  school,  and  from  the  proceeds  of  said  sale  to  purchase 
and  improve  a  new  and  suitable  site  for  said  school;  to  erect  and 
construct  upon  the  site  so  purchased  buildings  and  other  structures 
and  improvements  necessary  and  proper  for  said  school;  to  purchase 
furniture,  fixtures,  apparatus,  and  other  things  necessary  for  said 
school,  and  to  rent  such  temporary  buildings  and  grounds  as  may  be 
necessary  for  the  use  of  said  school  until  the  completion  of  the  new 
school  buildings.     [Approved  March  4,  1907.     Stats.  1907,  p.  101.] 

ACT  3555. 

To  establish  a  branch  state  normal  school  in  northern  California.     [Stats. 

1887,  p.  60.] 

This  act  provided  for  a  normal  school  somewhere  north  of  Marysville. 

ACT  3556. 

Establishing  a  state  normal  school  in  San  Diego  County.  [Stats.  1897, 
p.  114.] 

ACT  3557. 

To  establish  a  state  normal  school  in  San  Francisco.  [Stats.  1899, 
p.  177.] 

ACT  3558. 

To  authorize  and  empower  the  trustees  of  the  state  normal  school  at 
San  Jose  to  reconvey  to  the  city  of  San  Jose  a  parcel  of  land  situ- 
ate in  said  city  and  belonging  to  the  state  of  California,  to  the 
said  city  of  San  Jose,  for  the  purpose  of  erecting  and  maintaining 
a  free  public  library  upon  said  parcel  of  land.  [Approved  Marcl 
23,  1901.     Stats.  1901,  p.  575.] 

ACT  3559. 

Text-books   in   public    schools,   preventing    change    in.     [Stats.    1875-76, 
p.  1.] 
Repealed   1880,   p.   42,    and  by    §    7,   art.   IX,    of    the    constitution:  People    v. 
Board   of  Education,   55   Cal.   331. 

ACT  3560. 

To  provide  for  the  care  and  security  of  the  state  series  of  school  text- 
books, by  the  erection  of  a  fire-proof  warehouse  to  be  used  for  the 
storage  of  the  same,  authorizing  the  appointment  of  a  storekeeper 
to  have  the  care  and  custody  of  said  text-books,  and  appropriating 
money  to  pay  the  expenses  of  erecting  said  warehouse.  [Approved 
March  15,  1887.  Stats.  1887,  p.  131.] 
Ten  thousand  dollars  was   appropriated  for  the  purposes  indicated. 


Act  3561,  §§  1,  2  GENERAL  LAWS.  1162 

ACT  3561. 

An  act  to  provide  for  compiling,  illustrating,  eleetrotyping,  printing, 
binding,  copyrigliting,  and  distributing  certain  books  of  a  state 
series  of  school  text-books,  and  appropriating  money  tlierefor. 

[Approved  March  15,  1887.     Stats.  1887,  p.  139.] 
See  post,  Act   3563. 

Defining  additional  books  for  compilation. 

§  1.  In  addition  to  the  books  directed  to  be  compiled  for  use  in  the 
common  schools  of  the  state  by  section  1  of  the  act  entitled  An  act  to 
provide  for  compiling,  illustrating,  eleetrotyping,  printing,  binding,  copy- 
righting, and  distributing  a  state  series  of  school  text-books,  and  ap- 
propriating money  therefor,  approved  February  twenty-six,  eighteen 
hundred  and  eighty-five,  the  state  board  of  education  shall  compile,  or 
cause  to  be  compiled  the  following  described  text-books,  viz.:  One 
(1)  elementary  arithmetic;  one  (1)  elementary  grammar,  or  language 
lessons;  one  (1)  elementary  geography;  one  (1)  physiology  and  hygiene, 
including  a  system  of  gymnastic  exercises;  and  special  instructions  as 
to  the  nature  of  alcoholic  drinks  and  narcotics,  and  their  effects  upon 
the  human  system;  and  the  sum  of  fifteen  thousand  dollars,  in  addition 
to  the  unexpended  balance  of  the  sum  appropriated  by  section  8  of 
said  act  aforesaid,  is  hereby  appropriated  out  of  any  money  in  the  state 
treasury  not  otherwise  appropriated,  for  the  purpose  of  compiling,  or 
causing  to  be  compiled,  the  text-books  hereinbefore  enumerated,  together 
with  those  enumerated  in  section  1  of  said  act  aforesaid,  and  still  re- 
maining to  be  compiled.  The  appropriation  provided  for  in  this  section 
shall  be  subject  to  the  order  of  the  state  board  of  education;  provided, 
that  all  demands  against  said  appropriation  shall  first  be  approved  by 
said  state  board  of  education,  and  presented  to  the  state  board  of  ex- 
aminers, in  itemized  form,  for  their  approval;  and  upon  the  approval 
of  the  state  board  of  examiners,  the  controller  is  hereby  authorized  to 
draw  his  warrant  upon  the  state  treasurer  for  the  payment  of  said  de- 
mands, and  the  state  treasurer  is  authorized  to  pay  the  same. 

Remunera,tion  for  compiling  books. 

§2.  The  state  board  of  education  shall  employ  well-qualified  persons 
to  compile  the  books  mentioned  in  section  1  of  this  act,  and  shall  fix 
the  remuneration  for  the  services  thus  rendered;  provided,  that  if  com- 
petent authors  shall  compile  any  one  or  more  works  of  the  first  order 
of  excellence,  and  shall  offer  the  same  as  a  free  gift  to  the  people  of  the 
state,  together  with  the  copyright  of  the  same,  and  the  exclusive  right 
to  manufacture  and  sell  such  works  within  the  state  of  California,  it 
shall  be  the  duty  of  the  state  board  of  education  to  accept  such  gift, 
and  to  expend  no  money  for  the  purpose  of  compiling  works  relating  to 
the  subjects  treated  of  in  the  books  thus  donated.  The  state  board  of 
education  shall  furnish  to  the  superintendent  of  state  printing  designs 
for  all  cuts  and  engravings  to  be  used  in  the  said  series  of  text- 
books. 


1163  SCHOOLS.  Act  3561,  §§  3-5 

Supervision  of  superintendent  of  state  printing. 

§  3.  The  printing  of  all  the  text-books  provided  for  in  section  1  of 
this  act,  and  all  the  mechanical  work  connected  therewith,  shall  be  done 
by  and  under  the  supervision  of  the  superintendent  of  state  printing, 
at  the  state  printing  office;  provided,  that  the  purchase  of  paper  for 
the  school  books,  and  the  cardboards,  cloth,  and  leather  for  covers,  shall 
be  procured  by  advertising  for  proposals  to  furnish  the  same  in  the 
manner  now  provided  for  by  section  532  of  the  Political  Code,  relating 
to  paper  supplies  for  the  state  printing  office;  and  provided  further, 
that  all  folding,  stitching,  binding,  and  ruling  shall  be  done  in  the  state 
bindery;  but  the  accounts  of  the  school  book  binding  shall  be  kept 
separate  from  those  of  all  other  binding.  The  sum  of  one  hundred  and 
sixty-five  thousand  dollars,  in  addition  to  the  unexpended  balance  of 
the  sum  appropriated  by  section  9  of  said  act  aforesaid,  approved  Feb- 
ruary twenty-sixth,  eighteen  hundred  and  eighty-five,  seven  thousand 
five  hundred  dollars  of  which  shall  be  available  during  the  present  fiscal 
year,  is  hereby  appropriated  out  of  any  money  in  the  state  treasury  not 
otherwise  appropriated,  to  purchase  the  necessary  machinery,  and  to 
properly  maintain  the  same,  and  to  purchase  such  type  and  other  mate- 
rials as  may  be  required  in  the  manufacture  of  the  text-books  provided 
for  in  section  1  of  this  act,  together  with  those  enumerated  in  section  1 
of  said  act  aforesaid,  approved  February  twenty-sixth,  eighteen  hundred 
and  eighty-five,  and  remaining  to  be  manufactured,  as  well  as  to  pay 
the  salaries  or  wages  of  the  compositors,  binders,  and  other  persons  to  be 
employed  in  such  manufacture;  provided,  that  the  state  board  of  educa- 
tion shall  first  approve  the  style  of  printing,  engravings,  and  illustra- 
tions, kind  of  paper,  size,  and  binding  of  volumes;  said  sum  to  be  drawn 
by  the  superintendent  of  state  printing  in  the  same  manner  as  pro- 
vided in  subdivision  4  of  section  526  of  the  Political  Code. 

Secure  copyrights. 

§  4.  The  state  board  of  education  shall  secure  copyrights  to  all  the 
books  that  shall  be  compiled  under  the  provisions  of  this  act,  and  shall 
protect  said  copyrights  from  all  infringement. 

Moneys  received  kept  in  state  treasury. 

§  5.  All  moneys  that  have  been  received  or  may  hereafter  be  re- 
ceived from  the  state  series  of  school  text-books  shall  be  kept  by  the 
state  treasurer  as  a  separate  and  distinct  fund,  to  be  known  as  the 
"State  School  Book  Fund,"  which  said  fund  shall  be  subject  to  the  fol- 
lowing drafts,  viz.:  By  the  superintendent  of  state  printing  for  all 
moneys  needed  for  manufacturing  any  editions  of  any  book  of  the  state 
series,  over  and  above  the  first  fifty  thousand  copies  manufactured  of 
such  book,  the  same  to  be  drawn  as  provided  in  subdivision  4  of  sec- 
tion 526  of  the  Political  Code;  provided,  that  all  demands  on  the  state 
school  book  fund  shall  be  presented  to  the  state  board  of  examiners  in 
itemized  form,  for  their  approval;  and  upon  the  approval  of  the  state 
board  of  examiners,  the  controller  is  hereby  authorized  to  draw  his  war- 


Acts  3562,  3563  GENERAL  LAWS.  1164 

rant  upon  the  state  treasurer  for  the  payment  of  said  demands,  and  the 
state  treasurer  is  authorized  to  pay  the  same. 

§  6.     This  act  shall  take  effect  from  and  after  its  passage. 

ACT  3562. 

An  act  to  provide  for  compiling,  illustrating,  electrotyping,  printing, 
binding,  copyrighting,  and  distributing  an  elementary  book  on  civil 
government,  for  the  state  series  of  school  text-books. 

[Approved  March  19,  1889.     Stats.  1889,  p.  327.] 

Compiling,  etc.,  books  on  civil  government  of  the  United  States. 

§  1.  The  state  board  of  education  shall  compile,  or  cause  to  be  com- 
piled, the  following  described  text-book  for  use  in  the  common  schools 
of  the  state,  viz.:  One  (1)  elementary  book  on  the  civil  government  of 
the  United  States,  with  a  special  analysis  of  the  government  of  the  state 
of  California. 

Printing  of. 

§  2.  The  printing  of  said  elementary  book  on  civil  government,  pro 
vided  for  in  section  1  of  this  act,  shall  be  done  by  and  under  the  super- 
vision of  the  superintendent  of  state  printing,  subject  to  the  provisions 
of  section  3  of  an  act  entitled  An  act  to  provide  for  compiling,  illustrat- 
ing, electrotyping,  printing,  binding,  copyrighting,  and  distributing  cer- 
tain books  of  a  state  series  of  school  text-books,  and  appropriating  money 
therefor,  approved  March  fifteenth,  eighteen  hundred  and  eighty-seven. 

§  3.     This  act  shall  take  effect  from  and  after  its  passage. 

ACT  3563. 

An  act  to  provide  for  compiling,  illustrating,  electrotyping,  printing, 
binding,  copyrighting,  and  distributing  a  state  series  of  school  text- 
books, and  appropriating  money  therefor. 

[Approved  February  26,  1885.     Stats.  1885,  p.  6.] 
Amended  1887,  p.   145;    1891,  p.  453. 
See  ante,  Act  3561. 

Series  of  school  books. 

§  1.  The  state  board  of  education  shall  compile,  or  cause  to  be  com- 
piled, for  use  in  the  common  schools  of  the  state,  a  series  of  school  text- 
books of  the  following  description,  viz.:  Three  (3)  readers,  one  (1)  speller, 
one  (1)  arithmetic,  one  (1)  grammar,  one  (1)  history  of  the  United 
States,  and  one  (1)  geography.  The  matter  contained  in  the  readers 
shall  consist  of  lessons  commencing  with  the  simplest  expressions  of  the 
language,  and,  by  a  regular  gradation,  advancing  to  and  including  the 
highest  styles  of  composition,  both  in  prose  and  poetry. 

Compilers  of  same. 

§  2.  The  state  board  of  education  shall  employ  well-qualified  persons 
to  compile  the  books  mentioned  in  section  1  of  this  act,  and  shall  fix 


1165  60HOOLS.  Act  3568,  SS  3-5 

the  remuneration  for  the  services  thus  rendered;  provided,  that  if  com- 
petent authors  shall  compile  any  one  or  more  works  of  the  first  order 
of  excellence,  and  shall  offer  the  same  as  a  free  gift  to  the  people  of  the 
state,  together  with  the  copyright  of  the  same,  and  the  exclusive  right 
to  manufacture  and  sell  such  works  within  the  state  of  California,  it 
shall  be  the  duty  of  the  state  board  of  education  to  accept  such  gift, 
and  to  expend  no  money  for  the  purpose  of  compiling  works  relating  to 
the  subjects  treated  of  in  the  books  thus  donated.  The  state  board  of 
education  shall  furnish  to  the  superintendent  of  state  printing  designs 
for  all  cuts  and  engravings  to  be  used  in  the  said  series  of  text-books. 

Printing  and  binding. 

§  3.  The  printing  of  all  the  text-books  provided  for  in  section  1  of 
this  act,  and  all  the  mechanical  work  connected  therewith,  shall  be  done 
by  and  under  the  supervision  of  the  superintendent  of  state  printing  at 
the  state  printing-office;  provided,  that  the  purchase  of  paper  for  the 
school  books,  and  the  cardboards,  cloth,  and  leather  for  covers,  shall 
be  procured  by  advertising  for  proposals  to  furnish  the  same,  in  the 
manner  now  provided  for  by  section  532  of  the  Political  Code,  relating 
to  paper  supplies  for  the  state  printing-office;  and  provided  further,  that 
when  the  state  his  its  bindery  in  operation,  all  folding,  stitching,  bind- 
ing, and  ruling  of  the  state  shall  be  done  in  the  state  bindery;  but  the 
accounts  of  the  school  book  binding  shall  be  kept  separate  from  those 
of  all  other  binding. 

Copyrights. 

§  4.  The  state  board  of  education  shall  secure  copyrights  to  all  the 
books  that  shall  be  compiled  under  the  provisions  of  this  act,  and  shall 
protect  said  copyrights  from  all  infringement. 

Order  of  uniform  use. 

§  5.  Whenever  any  one  or  more  of  the  state  series  of  school  text- 
books shall  have  been  compiled  and  adopted,  the  state  board  of  educa- 
tion shall  issue  an  order  requiring  the  uniform  use  of  said  book  or 
books  in  the  common  schools  of  the  state;  but  said  order  for  the  uni- 
form use  of  said  book  or  books  shall  not  take  effect  till  the  expiration 
of  at  least  one  year  from  the  time  of  the  completion  of  the  electrotype 
plates  of  said  book  or  books,  and  thereafter  such  book  or  books  shall  be 
used  in  all  the  common  schools  of  this  state;  and  no  school  board  or 
other  school  authority  in  this  state  shall  have  the  power  to  authorize 
the  use  of,  nor  shall  any  common  school  in  this  state  use  any  books  as 
text-books  for  pupils  other  than  those  directed  to  be  used  by  the  order 
aforesaid  of  such  state  board,  except  books  on  such  subjects  as  are 
not  provided  for  by  text-books  published  by  the  state.  Nothing  in  this 
act  shall  be  construed  to  prevent  any  county  or  school  district  from 
adopting  any  one  or  more  of  the  state  series  of  school  text-books  when- 
ever said  book  or  books  shall  have  been  published.  The  superintendent 
of  public  instruction  must  withhold  from  any  city,  city  and  county, 
county,  or  from  any  school  district  in  this  state  using  school  books  in 
violation   of   the   provisions   of    this   act    and    section    all   state    school 


Act  3563,  §  6  GENERAL  LAWS.  1166 

moneys  to  which  it  may  be  entitled,  until  it  comply  with  the  require- 
ments of  this  section;  and  any  moneys  so  withheld  must  be  apportioned 
by  the  superintendent  at  the  next  annual  apportionment  in  the  same 
manner  as  other  school  moneys  in  the  treasury.  [Amendment  approved 
March  31,  1891.     Stats.  1891,  p.  453.] 

Text-books,  how  obtained. 

§  6.  All  orders  for  text-books  shall  be  made  on  the  superintendent  of 
public  instruction,  and  shall  be  accompanied  by  cash,  in  payment  for 
the  same,  at  the  price  fixed  by  the  state  board  of  education  as  the  cost 
price  at  Sacramento;  provided,  that  if  the  books  are  to  be  shipped  by 
mail,  the  cost  of  postage  shall  also  accompany  the  order.  The  following 
persons  shall  be  entitled  to  order  books: 

1.  County  superintendents  of  schools,  for  the  use  of  teachers,  parents, 
and  pupils  in  their  counties  only. 

2.  Principals  of  state  normal  schools,  for  their  own  and  for  the  use 
of  the  pupils  in  their  respective  schools  only. 

3.  The  secretary  or  clerk  of  any  school  district  in  the  state,  whether 
incorporated  or  operating  under  the  general  law  of  the  state,  for  the 
use  of  the  pupils  in  such  district  only;  but  no  books  ordered  by  the 
county  superintendents,  or  clerks  of  district  boards  of  trustees,  or  prin- 
cipals of  state  normal  schools,  shall  be  sold  at  a  price  exceeding  the 
cost  price  at  Sacramento,  with  the  actual  cost  of  freight  and  cartage 
added. 

4.  Any  retail  dealer  who  shall  first  transmit  to  the  state  superintend- 
ent of  public  instruction  an  affidavit,  duly  subscribed  by  him,  in  sub- 
stance as  follows,  to  wit: 

"In  consideration  of  receiving  for  sale,  upon  the  inclosed  or  upon  any 
further  order,  the  series  of  school  text-books,  or  any  part  thereof,  pub- 
lished by  the  state  of  California,  I  hereby  agree  that  I  will  not  sell  the 
same  to  any  person  or  persons  for  the  purpose  of  being  sold  again,  or 
to  any  person  or  persons  beyond  the  limits  of  the  state  of  California; 
and  that  I  will  not  sell  said  series  of  text-books  or  any  part  or  portion 
thereof,  at  a  price  exceeding  the  price  to  the  pupil  fixed  by  the  state 
board  of  education." 

Said  affidavit  shall  be  indorsed  by  the  county  superintendent  in  the 
following  words,  viz.: 

"I  hereby  certify  that  (A  B)  is  a  regular  retail  dealer  in  school  books 
in county.     C  D,  county  superintendent." 

It  shall  be  the  duty  of  the  state  superintendent  of  public  instruction 
to  furnish,  at  once  to  each  county  superintendent,  for  the  use  of  any 
dealer  in  his  county  who  may  apply  for  permission  to  sell  the  books  of' 
the  state  series,  printed  copies  of  the  above  affidavit,  together  with  the 
list  of  prices  of  such  books  fixed  as  the  cost  price  at  Sacramento,  and 
the  price  to  the  pupil;  and  any  dealer  who  shall  fail  to  comply  with  the 
conditions  of  such  affidavit  shall  forfeit  his  right  to  any  further  pur- 
chase of  said  books  from  the  state.  And  it  shall  be  the  duty  of  the 
superintendent  of  public  instruction  to  report  to  the  state  controller, 
on  or  before  the  fifth  day  of  every  month,  the  number  of  books  sold 


11G7  SCHOOLS.  Act3563,  §5  r-lO 

by  him  during  the  preceding  month,  and  pay  the  moneys  received  for 
the  same  into  the  state  treasury.  It  shall  also  be  the  duty  of  the 
superintendent  of  state  printing,  on  or  before  the  fifth  day  of  every 
month,  to  report  to  the  state  controller  the  number  and  value  of  the 
books  shipped  by  him  on  the  order  of  the  state  superintendent  of  public 
instruction,  and  the  number  and  value'  of  the  finished  books  on  hand. 
[Amendment  approved  March  15,  1887.  Stats.  1887,  p.  145.  In  effect 
immediately.] 

Duties  of  board  of  supervisors. 

§  7.  It  shall  be  the  duty  of  the  boards  of  supervisors  of  the  counties 
or  cities  and  counties  in  this  state  to  provide  a  revolving  fund,  for  the 
purpose  of  enabling  the  county  school  superintendents  to  purchase  the 
state  text-books;  all  moneys  to  be  taken  therefrom  to  be  replaced  by  the 
moneys  received  from  the  sale  of  said  books  to  the  scholars  of  the  pub- 
lic schools  of  his  county,  either  by  himself  or  by  the  teachers  of  the" 
public  schools,  or  the  clerks  of  boards  of  district  trustees.  [Amend- 
ment approved  March  15,  1887.  Stats.  1887,  p.  146,  In  effect  imme- 
diately.] 

Appropriation  for  compilations. 

§  8.  The  sum  of  twenty  thousand  dollars  is  hereby  appropriated,  out 
of  any  money  in  the  state  treasury  not  otherwise  appropriated,  for  the 
purpose  of  compiling,  or  causing  to  be  compiled,  the  series  of  text-books 
for  the  common  schools,  as  set  forth  in  section  1  of  this  act.  The  appro- 
priation provided  for  in  this  section  shall  be  subject  to  the  order  of  the 
state  board  of  education;  provided,  that  all  demands  against  said  appro- 
priation shall  first  be  approved  by  said  state  board  of  education  and 
presented  to  the  state  board  of  examiners  in  itemized  form  for  their 
approval,  and  upon  the  approval  of  the  state  board  of  examiners,  the 
controller  is  hereby  authorized  to  draw  his  warrant  upon  the  state  treas- 
urer for  the  payment  of  said  demands,  and  the  state  treasurer  is  author- 
ized to  pay  the  same. 

Appropriation  for  presses,  type,  etc, 

§  9.  The  sum  of  one  hundred  and  fifty  thousand  dollars  is  hereby 
appropriated  out  of  any  money  in  the  state  treasury  not  otherwise  appro- 
priated, to  purchase  the  necessary  machinery,  presses,  types,  bindery,  elec- 
trotyping  apparatus,  and  such  other  material  as  may  be  required  in  the 
manufacture  of  the  text-books  provided  for  in  section  1  of  this  act,  as 
well  as  to  pay  the  salaries  or  wages  of  the  compositors,  binders,  and 
other  persons  to  be  employed  in  such  manufacture;  provided,  that  the 
state  board  of  education  shall  first  approve  the  style  of  printing,  engrav- 
ings, and  illustrations,  kind  of  paper,  size,  and  binding  of  volumes;  said 
sum  to  be  drawn  by  the  superintendent  of  state  printing  in  the  same 
manner  as  provided  in  subdivision  4  of  section  526  of  the  Political  Code. 

Furnished  at  cost  of  printing. 

§10,  All  school  books  compiled  by  the  state  shall  be  furnished  to  the 
public   school  children   of   the   state   at   the   cost  of  printing,  publishing, 


Act  3564  GENERAL  LAWS.  -  1168 

and  distributing  the  eame;  said  cost  to  be  ascertained  and  fixed  by  the 
state  board  of  education,  on  or  before  the  fifteenth  day  of  June  of  each 
school  year;  and  it  is  further  enacted,  that  the  cost  of  distribution  shall 
be  taken  to  be  the  cost  of  postage  required  for  mailing  each  book. 
[Amendment  approved  March  15,  1887.  Stats.  1887,  p.  146.  In  effect 
immediately.] 

§  11.  All  acts  or  parts  of  acts  in  conflict  with  the  provisions  of  this 
act  are  hereby  repealed. 

§  12.     This  act  shall  take  effect  immediately. 

Superintendent  of  public  instruction  to  employ  assistance. 

§  4.  The  superintendent  of  public  instruction  is  hereby  authorized  to 
employ  assistance  necessary  to  the  carrying  out  of  the  provisions  of  this 
act.  And  the  controller  is  hereby  directed  and  authorized  to  draw  his 
warrants  for  a  sum  not  exceeding  two  thousand  dollars  annually,  on  the 
general  fund  of  the  state,  for  the  payment  of  such  assistance.  [Amend- 
ment approved  March  15,  1887.  Stats.  1887,  p.  146.  In  effect  imme- 
diately.] 

The  amendatory  act  added  this  new  section  at  the  end,  but  did  not  give  it  a 

■ew  number.     This  number  is  the  amendment  section  number. 

ACT  3564. 

An  act  to  provide  for  the  revision  of  certain  books  of  the  state  series 
of  school  text-books,  for  the  compilation  of  an  additional  book  of 
said  series,  and  for  the  continued  publication  of  the  same;  and  to 
authorize  and  direct  the  use,  for  these  purposes,  of  the  money  accum- 
ulated in  the  state  school  book  fund. 

[Approved  March  9,  1893.     Stats.  1893,  p.  85.] 

§  1.  The  state  board  of  education  is  hereby  authorized  and  directed 
to  revise  the  following  books  of  the  state  series  of  school  text-books, 
viz.:  The  first,  second,  and  third  readers,  the  English  grammar,  the 
United  States  history,  and  the  advanced  arithmetic,  and  to  compile  a 
primary  history  of  the  United  States;  and  in  such  revision  and  compila- 
tion may  employ  well-qualified  persons  to  assist  them;  provided,  that  in 
revising  said  readers  the  board  may  cause  them  to  be  issued  in  a  series 
of  five  books  or  less,  in  their  discretion;  and  the  board  shall  furnish  to 
the  superintendent  of  state  printing  designs  for  all  cuts  and  engravings 
to  be  used  in  the  books  revised  and  compiled  under  the  provisions  of  this 
section, 

§  2.  All  indebtedness  incurred  by  said  board  in  carrying  out  the  pro- 
visions of  section  1  of  this  act  shall  be  paid  out  of  the  money  accumu- 
lated in  the  state  school  book  fund  from  the  sale  of  the  state  series  of 
school  text-books;  provided,  that  all  demands  on  account  of  such  indebt- 
edness shall  first  be  approved  by  said  state  board  of  education,  and  pre- 
sented to  the  state  board  of  examiners,  in  itemized  form,  for  their  ap- 


1169  SCHOOLS.  Act  3564,  5  §  3-7 

proval,  anti  upon  the  approval  thereof  by  the  state  board  of  examiners 
the  controller  is  hereby  authorized  to  draw  his  warrant  upon  the  state 
treasurer  for  the  payment  of  said  demands,  and  the  state  treasurer  is 
authorized  to  pay  the  same;  provided  further,  that  the  indebtedness  in- 
curred by  said  board  in  carrying  out  the  provisions  of  section  1  of  this 
act  shall  not  exceed  the  sum  of  twenty-five  thousand  dollars  ($25,000), 
which  sum  is  hereby  appropriated  from  the  state  school  book  fund  for 
the  use  of  the  said  board  in  the  premises. 

§  3.  The  state  board  of  education  shall  secure  copyrights  to  all  the 
books  that  shall  be  revised  or  compiled,  as  the  case  may  be,  under  the 
provisions  of  this  act,  and  shall  protect  said  copyrights  from  all  infringe- 
ment. 

§4.  Whenever  any  one  or  more  of  the  state  series  of  school  text- 
books shall  have  been  revised  or  compiled,  the  state  board  of  education 
shall  issue  an  order  requiring  the  uniform  use  of  said  book  or  books  in 
the  common  schools  of  the  state;  but  said  order  for  the  uniform  use  of 
said  book  or  books  shall  not  take  effect  till  the  expiration  of  at  least 
one  year  from  the  time  of  the  completion  of  the  electrotype  plates  of 
said  book  or  books.  Nothing  in  this  act  shall  be  construed  to  prevent 
any  county,  city,  city  and  county,  or  school  district  from  using  any  one 
or  more  of  the  state  series  of  school  text-books  provided  for  in  this  act, 
whenever  said  book  or  books  shall  have  been  published. 

§  5.  The  printing  and  binding  of  all  text-books,  specified  in  section  1 
of  this  act,  and  all  the  mechanical  work  connected  therewith,  shall  be 
done  by  and  under  the  supervision  of  the  superintendent  of  state  print- 
ing, at  the  state  printing-ofl&ce;  provided,  that  the  purchase  of  paper  for 
the  school  books,  and  the  binder's  boards,  cloths,  and  leather  for  covers, 
shall  be  procured  by  advertising  for  proposals  to  furnish  the  same,  in 
the  manner  now  provided  for  by  section  532  of  the  Political  Code,  relat- 
ing to  paper  supplies  for  the  state  printing  office. 

§  6.  Whenever  the  appropriations  heretofore  made  from  the  general 
fund  to  the  use  of  the  superintendent  of  state  printing  for  the  manu- 
facture of  books  of  the  state  series  of  school  text-books  is  exhausted,  all 
indebtedness  incurred  for  the  further  manufacture  of  said  books  shall  be 
paid  from  the  state  school  book  fund,  together  with  all  indebtedness 
incurred  for  the  purchase  and  proper  maintenance  of  such  necessary 
machinery  as  may  be  required  in  the  manufacture  of  said  books,  and 
to  purchase  such  type  and  other  materials  as  may  be  required  for  the 
same;  provided,  that  all  demands  on  the  state  school  book  fund,  for  the 
purposes  enumerated  in  this  section,  shall  be  presented  to  the  state  board 
of  examiners,  in  itemized  form,  for  their  approval;  and  upon  the  ap- 
proval of  the  state  board  of  examiners,  the  controller  is  hereby  author- 
ized to  draw  his  warrant  upon  the  state  treasurer  for  the  payment  ot 
said  demands,  and  the  state  treasurer  is  authorized  to  pay  the  same. 

§7.     This  act  shall  take  effect  immediately. 
Gen.  Laws — 74 


Act  3565,  §§  1-3  GENERAL  LAWS,  1170 

ACT  3565. 

An  act  to  provide  for  the  levy  and  collection  of  taxes  by  and  for  scliool 

districts,  except  in  municipal  corporations  of  the  first  class. 

[Approved  February  14,  1891.     Stats.  1891,  p.  4.] 

§  1.  In  all  cases  where  the  board  of  school  trustees,  board  of  school 
directors,  board  of  education,  or  other  governing  board  of  any  school 
district  in  this  state,  except  in  [a]  municipal  corporation  of  the  first 
class,  has  or  may  hereafter  have  power  to  raise  money  by  taxation  with- 
out a  vote  of  the  people  of  the  school  district,  in  addition  to  the  funds 
provided  by  state  and  county  for  school  or  educational  purposes,  such 
money  shall  be  raised  and  such  taxes  shall  be  levied  and  collected  in 
the  manner  following,  to  wit:  The  board  of  trustees,  directors,  or  board 
of  education  shall,  within  the  limits  fixed  by  law,  estimate  tlie  amount 
of  money  to  be  so  raised  by  taxation,  and  required  by  their  respective 
districts  for  school  purposes  during  the  year  next  ensuing,  which  year 
shall  begin  on  the  first  Monday  of  January,  at  12  o'clock,  M.  Said 
meeting  for  such  purpose  shall  be  held  between  the  first  and  twentieth 
day  of  September  in  each  year;  said  estimate,  showing  the  amount  and 
for  what  purpose  the  same  is  to  be  used,  shall  be  entered  upon  the  records 
of  the  board  making  the  same,  and  signed  by  a  majority  of  said  board, 
and  attested  by  the  clerk  or  secretary  of  said  board.  Said  clerk  or  secre- 
tary shall  immediately  furnish  to  the  board  of  supervisors  of  the  county 
in  which  such  district  is  situated  a  copy  of  said  record  containing  such 
estimate,  which  shall  show  the  name  of  the  district,  the  amount  of 
money  to  be  raised,  and  the  purposes  for  which  it  is  to  be  used. 

§2.  The  board  of  supervisors,  upon  receipt  of  such  estimate,  must, 
at  the  time  of  levying  the  county  taxes,  levy  a  tax  upon  all  the  taxable 
property  in  the  school  district  requiring  such  money  sufficient  to  raise 
the  amount;  the  rate  of  taxation  shall  be  ascertained  by  deducting  fifteen 
per  cent  for  anticipated  delinquencies  from  the  aggregate  assessed  value 
of  the  property  in  the  district  as  it  appears  on  the  assessment-roll  of  the 
county,  and  then  divide  the  amount  to  be  raised  by  the  remainder  of 
said  aggregate  assessed  value.  The  taxes  so  levied  shall  be  computed 
and  entered  on  the  assessment-roll  by  the  county  auditor,  and  collected 
at  the  same  time  and  in  the  same  manner  as  state  and  county  taxes; 
and  when  collected,  shall  be  paid  into  the  county  treasury  for  the  use 
of  the  district  for  which  said  money  was  collected.  The  county  treas- 
urer shall,  upon  demand,  pay  out  such  moneys  to  the  district  entitled 
thereto,  in  the  same  manner  as  other  school  moneys  are  paid  out  by 
such  treasurer. 

§  3.  All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby 
repealed. 

The    code    commissioners    say    of    this    act:    "Modified,    perhaps    repealed,    by 
Political  Code,    §§  1830  and  1836,  as  amended  1893,  p.  263." 


1171  SCHOOLS.  Acts  3566,  35G1 

ACT  3566. 

To  euable  cities  of  the  fifth  class  to  issue    bonds  for  the    purchase  of 

schoolhouse  lots,  for  the  building  of  schoolhouses  and  supplying  the 

same.     [Stats.  1891,  p.  264.] 

Repealed   1893,  p.  295. 

See  Act  3567,  post. 

ACT  3567. 

An  act  to  enable  school  districts,  in  cities  of  the  fifth  class,  and  school 
districts  which  embrace  territory  a  portion  of  which  is  within  and 
a  portion  of  which  is  without  such  cities  of  the  fifth  class,  to  issue 
bonds  for  the  purpose  of  raising  money  to  purchase  school  lots,  and 
for  building  or  purchasing  one  or  more  schoolhouses,  and  supplying 
the  same  with  furniture,  necessary  apparatus,  and  improving  the 
grounds,  and  for  liquidating  any  indebtedness  already  incurred  for 
such  purposes,  and  to  repeal  an  act  approved  March  31,  1891,  en- 
titled "An  act  to  enable  cities  of  the  fifth  class  to  issue  bonds  for 
the  purpose  of  raising  money  to  purchase  school  lots  and  for  build- 
ing or  purchasing  one  or  more  schoolhouses,  and  supplying  the  same 
with  furniture,  necessary  apparatus,  and  improving  the  grounds, 
and  for  liquidating  any  indebtedness  already  incurred  for  such  pur- 


[Approved  March  23,  1893.     Stats.  1893,  p.  292.] 
Amended   1897,  p.   103. 
Citations.     Cal.  153/286,  287. 

§  1.  The  board  of  education  of  any  school  district  in  a  city  of  the 
fifth  class,  or  of  any  school  district  which  embraces  territory,  a  portion 
of  which  is  within  and  a  portion  of  which  is  without  such  city  of  the 
fifth  class,  may,  when  in  their  judgment  it  is  advisable,  and  must,  when 
requested  by  the  board  of  trustees  of  such  city,  call  an  election  and 
submit  to  the  electors  of  the  district  whether  the  bonds  of  such  distriat 
shall  be  issued  and  sold  for  the  purpose  of  raising  money  to  purchase 
school  lots,  and  for  building  or  purchasing  one  or  more  schoolhouses,  and 
supplying  the  same  with  furniture,  necessary  apparatus,  and  improving 
the  grounds,  and  for  liquidating  any  indebtedness  already  incurred  for 
such  purposes.  [Amendment  approved  March  11,  1897.  Stats.  1897,  p. 
103.     In  effect  immediately.] 

§  2.  Such  election  must  be  called  by  posting  notices,  signed  by  the 
board  of  education,  in  three  of  the  most  public  places  in  the  district, 
for  not  less  than  twenty  days  before  the  election,  and  by  publisliing  such 
notices,  in  some  newspaper  published  in  such  city,  not  less  than  once  a 
week  for  three  successive  weeks. 

§  3.     Such  notices  must  contain: 

1.  The  time  and  place  of  holding  such  election. 

2.  The  names  of  one  inspector  and  two  judges  in  each  voting  precinct 
in  said  district,  to  conduct  the  same. 


Act  3567,  §§  4-8  GENERAL  LAWS.  1172 

3.  The  hours  during  the  day,  not  less  than  six  hours,  in  which  the 
polls  will  be  open. 

4.  The  amount  and  denomination  of  the  bonds,  the  rate  of  interest,  and 
the  number  of  years,  not  exceeding  ten,  the  whole  or  any  part  of  said 
bonds  are  to  run. 

§  4.  Such  election  shall  be  held,  in  all  respects  as  nearly  as  practi- 
cable, in  conformity  with  the  general  election  law;  provided,  that  no 
particular  form  or  ballot  shall  be  required,  excepting  that  the  words  to 
appear  on  the  ballots,  which  shall  be  "Bonds — Yes,"  or  "Bonds — No";  nor 
shall  any  informalities,  not  amounting  to  fraud,  in  conducting  such  elec- 
tion, invalidate  the  same. 

§5.  On  the  seventh  day  after  said  election,  at  1  o'clock,  P.  M.,  the 
returns  having  been  made  to  the  board  of  education,  the  board  must 
meet  and  canvass  said  returns,  and  if  it  appears  that  two-thirds  of  the 
votes  cast  at  said  election  were  in  favor  of  issuing  such  bonds,  then  the 
board  shall  cause  an  entry  of  that  fact  to  be  made  upon  its  minutes, 
and  shall  certify  the  board  of  supervisors  of  the  county  in  which  said 
district  is  located  the  proceedings  had  in  the  premises;  and  thereupon 
said  board  of  supervisors  shall  be  and  they  are  hereby  authorized  and 
directed  to  issue  the  bonds  of  such  district  to  the  number  and  amount 
provided  in  such  proceedings,  payable  out  of  the  bond  fund  of  such  dis- 
trict (naming  the  same),  and  that  the  money  shall  be  raised  by  taxation 
upon  the  taxable  property  in  said  district  for  the  redemption  of  said 
bonds,  and  the  payment  of  the  interest  thereon;  provided,  that  the  total 
amount  of  bonds  so  issued  shall  not  exceed  five  per  cent  of  the  taxable 
property  of  the  district  as  shown  by  the  last  equalized  assessment  of 
the  property  in  such  school  district. 

§  6.  The  board  of  supervisors,  by  an  order  entered  upon  its  minutes, 
shall  prescribe  the  form  of  said  bonds,  and  of  the  interest  coupons  at- 
tached thereto,  and  must  fix  the  time  when  the  whole  or  any  part  of 
the  principal  of  said  bonds  shall  be  payable,  which  shall  not  be  more 
than  ten  years  from  the  date  thereof. 

§7.  Said  bonds  must  be  payable  in  gold  coin  of  the  United  States; 
must  be  signed  by  the  president  of  the  board  of  supervisors,  and  coun- 
tersigned by  the  clerk  of  the  county,  who  must  affix  the  county  seal 
thereto;  must  not  bear  a  greater  rate  of  interest  than  eight  per  cent, 
said  interest  to  be  payable  semi-annually  in  like  gold  coin;  and  said 
bonds  must  be  sold  in  the  manner  prescribed  by  the  board  of  super- 
visors but  for  not  less  than  par,  in  gold  coin  of  the  United  States,  and 
the  proceeds  of  the  sale  thereof  must  be  deposited  in  the  county  treas- 
ury to  the  credit  of  the  building  fund  of  said  school  district,  and  be 
drawn  out  for  the  purpose  aforesaid  as  other  school  moneys  are  drawn 
out. 

§  8.  The  board  of  supervisors,  at  the  time  of  making  the  levy  of  taxes 
for  county  purposes,  must  levy  a  tax  for  that  year  upon  the  taxable 


1173  SCHOOLS.  Act  3567,  §  9 

property  in  such  district  for  the  interest  and  redemption  of  said  bonds; 
and  such  tax  must  not  be  less  than  sufficient  to  pay  the  interest  of 
said  bonds  for  that  year,  and  such  portion  of  the  principal  as  is  to 
become  due  during  such  year,  and  in  any  event  must  be  high  enough  to 
raise,  annually,  for  the  first  half  of  the  term  said  bonds  have  to  run,  a 
sufficient  sum  to  pay  the  interest  thereon,  and  during  the  balance  of  the 
term,  high  enough  to  pay  such  annual  interest;  and  to  pay,  annually,  a 
proportion  of  the  principal  of  said  bonds  equal  to  a  sum  produced  by 
taking  the  whole  amount  of  said  bonds  outstanding  and  dividing  it  by 
the  number  of  years  said  bonds  then  have  to  run;  and  all  moneys  so 
levied,  when  collected,  shall  be  paid  into  the  county  treasury  to  the  credit 
of  the  building  fund  of  such  district,  and  be  used  for  the  payment  of 
principal  and  interest  on  said  bonds,  and  for  no  other  purpose.  The 
principal  and  interest  on  said  bonds  shall  be  paid  by  the  county  treas- 
urer, upon  the  warrant  of  the  auditor,  out  of  the  fund  provided  therefor; 
and  it  shall  be  the  duty  of  the  auditor  to  cancel  and  file  with  the  treas- 
urer the  bonds  and  coupons  as  rapidly  as  they  are  paid.  This  section 
shall  also  apply  to  all  cases  where  bonds  were  issued  under  the  pro- 
visions of  the  aforesaid  act,  approved  March  31,  eighteen  hundred  and 
ninety-one,  and  in  such  cases  all  moneys  collected  under  the  provisions 
of  this  section  shall  be  paid  by  the  county  treasurer,  upon  the  warrant 
of  the  auditor,  to  the  city  treasurer  of  the  city  where  such  bonds  and 
the  interest  thereon  are  payable.  Warrants  for  all  such  moneys  shall  be 
drawn  by  the  auditor  from  time  to  time,  upon  the  demand  of  such  city 
treasurer.  [Amendment  approved  March  11,  1897.  Stats.  1897,  p.  104. 
In  effect  immediately.] 

§9.  If  the  board  of  supervisors  of  any  county  in  which  any  school 
district  has  issued  bonds,  under  the  provisions  of  this  a«t  or  under  the 
provisions  of  said  act  approved  March  thirty-first,  eighteen  hundred  and 
ninety-One,  shall  fail  to  make  the  levy  necessary  to  pay  such  bonds  or 
interest  coupons  at  maturity,  and  the  same  shall  have  been  presented  to 
the  county  treasurer,  and  the  payment  thereof  refused,  the  owner  may 
file  the  bonds,  together  with  all  unpaid  coupons,  with  the  state  controller, 
taking  his  receipt  therefor,  and  the  same  shall  be  registered  in  the  state 
controller's  office;  and  the  state  board  of  equalization  shall,  at  their 
next  session,  and  at  each  annual  equalization  thereafter,  add  to  the  state 
tax  to  be  levied  in  said  district  a  sufficient  rate  to  raise  the  amount  of 
principal  and  interest  past  due  prior  to  the  next  levy,  and  the  same 
shall  be  levied  and  collected  as  a  part  of  the  state  tax,  and  paid  into 
the  state  treasury,  and  passed  to  the  special  credit  of  such  district  bond 
tax,  and  shall  be  paid  by  warrants,  as  the  payments  mature,  to  the  holder 
of  such  registered  obligations,  as  shown  by  the  register  in  the  office  of 
the  state  controller,  until  the  same  shall  be  fully  satisfied  and  dis- 
charged; any  balance  then  remaining  shall  be  transmitted  to  the  treas- 
urer of  the  county  in  which  is  situated  the  district  by  which  such  bonds 
were  issued,  and  shall  be  placed  by  the  county  treasurer  to  the  credit  of 
the  general  school  fund  of  said  district.  [Amendment  approved  March 
11,  1897.     Stats.  1897,  p.  104.     In  effect  immediately.] 


Acts  3568-3570  GENERAL  LAWS.  1174 

§  10.  The  act  approved  March  thirty-first,  eighteen  hundred  and 
ninety-one,  entitled  "An  act  to  enable  cities  of  the  fifth  class  to  issue 
bonds  for  the  purpose  of  raising  money  to  purchase  school  lots,  and  for 
building  or  purchasing  one  or  more  schoolhouses,  and  supplying  the  same 
with  furniture,  necessary  apparatus,  and  improving  the  grounds,  and  for 
liquidating  any  indebtedness  already  incurred  for  such  purposes,"  is 
hereby  repealed, 

§  11.     This  act  shall  take  effect  and  be  in  force  from  and  after  its 


ACT  3568. 

A.n  act  to  provide  for  the  change  of  name  of  school  districts  and  the 

manner  of  making  such  change. 

[Approved  March  16,  1903.     Stats.  1903,  p.  163.] 

§  1.  Whenever  a  petition  shall  be  presented  to  the  board  of  super- 
visors, signed  by  at  least  fifteen  qualified  electors  of  said  district,  asking 
that  the  name  of  any  school  district  be  changed,  the  said  board  of 
supervisors  shall  designate  a  day  upon  which  they  will  act  upon  such 
petition,  which  day  must  not  be  less  than  ten  days  nor  more  than  forty 
days  after  the  receipt  thereof.  The  clerk  of  the  said  board  of  super- 
visors must  give  notice  to  all  parties  interested,  by  sending  by  regis- 
tered mail  to  each  of  the  trustees  of  such  school  district,  a  notice  of 
the  time  set  for  the  hearing  of  said  petition,  which  notice  must  be 
mailed  at  least  ten  days  before  the  day  set  for  hearing,  whereupon  the 
board  shall  by  resolution  either  grant  or  deny  the  petition,  and  if 
granted,  the  clerk  shall  notify  the  county  superintendent  of  the  change 
uf  the  name  of  said  district. 

§  2.     This  act  shall  take  effect  immediately. 

ACT  3569. 

An  act  to  provide  for  the  appointment  and  salary  of  a  clerk  in  the  office 
of  the  superintendent  of  public  instruction,  and  to  make  an  appro- 
priation therefor.     [Approved  March  27,  1895.     Stats.  1895,  p,  238.] 

ACT  3570. 

An  act  to  create  and  administer  a  public  school  teachers'  annuity  and 
retirement  fund  in  the  several  counties,  and'  cities  and  counties  of 
the  state. 

[Approved  March  26,  1895.     Stats.  1895,  p.  170.] 
Amended  1897,  p.  225;   1901,  p.  676;   1903,  p.  271;   1909,  p.  296. 

§  1.  The  superintendent  of  public  schools,  or  in  consolidated  cities 
and  counties,  the  superintendent  of  common  schools,  the  county  treasurer, 
or  in  consolidated  cities  and  counties,  the  city  and  county  treasurer,  and 
the  chairman  of  the  board  of  supervisors,  or  in  consolidated  cities  and 
counties,  the  mayor,  of  each  county,  or  consolidated  city  and  county,  and 


1175  SCHOOLS.  Act  3570,  §§  2-4 

their  successors  in  office,  are  hereby  constituted  a  board  of  trustees  of 
the  public  school  teachers'  annuity  and  retirement  fund,  to  manage  the 
same  as  hereinafter  directed;  said  board  shall  be  known  as  the  public 
school  teachers'  retirement  fund  commissioners,  and  its  members  shall 
serve  without  extra  compensation,  and  shall  be  liable  on  their  official 
bonds  for  tlie  performance  of  the  duties  imposed  by  this  act.  It  shall  be 
the  duty  of  the  district  attorney  of  every  county,  or  the  city  and  county 
attorney  of  every  consolidated  city  and  county,  to  attend  to  all  suits, 
matters,  and  things  in  which  the  said  board  of  commissioners  may  be 
legally  interested,  and  to  give  his  advice  or  opinion  in  writing,  whenever 
required  bv  said  board.  [Amendment  approved  March  29,  1897.  Stats. 
1897,  p.  225.     In  effect  immediately.] 

§  2.  The  public  school  teachers'  retirement  fund  commissioners  shall 
organize  as  such  board  by  choosing  one  of  their  number  as  chairman  and 
one  as  secretary.  The  county  treasurer,  or  in  consolidated  cities  and  . 
counties,  the  city  and  county  treasurer,  shall  be  ex  officio  treasurer  of 
said  retirement  fund.  Said  board  shall  hold  quarterly  meetings  on  the 
third  Saturday  in  January,  April,  July,  and  October  of  each  year,  at  the 
office  of  the  county  superintendent  of  public  schools,  or,  in  consolidated 
cities  and  counties,  at  the  office  of  the  superintendent  of  schools.  It 
shall  biennially,  at  its  meeting  in  January,  select  from  its  members  a 
chairman  and  a  secretary.  A  majority  of  its  members  shall  constitute  a 
quorum  for  the  transaction  of  business.  It  shall  report  annually  to  the 
board  of  supervisors  of  the  county,  or  consolidated  city  and  county,  the 
condition  of  said  retirement  fund,  and  the  receipts  and  disbursements  on 
account  of  the  same,  with  a  full  and  complete  list  of  the  beneficiaries  of 
said  fund,  and  the  amounts  paid  to  each  of  them.  [Amendment  approved 
March  29,  1897.     Stats.  1897,  p.  225.     In  effect  immediately.] 

§  3.  Said  board  of  public  teachers'  retirement  fund  commissioners  shall 
issue  warrants,  signed  by  its  chairman  and  secretary,  to  the  persons  en- 
titled thereto,  for  the  amounts  of  money  ordered  paid  to  such  persons 
from  said  fund  by  said  board,  stating  therein  for  what  purpose  such  pay- 
ment is  made,  and  the  treasurer  shall  pay  such  warrants  on  presentation. 
Said  board  shall  keep  a  record  of  all  its  proceedings,  and  said  record 
shall  be  open  to  public  inspection.  It  shall,  at  each  quarterly  meeting, 
make  a  list,  of  all  persons,  if  any,  entitled  to  pay  out  of  the  funds  pro- 
vided by  this  act,  and  enter  said  list  in  a  book  to  be  kept  by  them  for 
that  purpose,  to  be  known  as  the  public  school  teachers'  annuity  and 
retirement  fund  book,  which  list  shall  be  sworn  to  as  correct  by  the 
chairman  and  the  secretary  of  said  board,  and  which  shall  be  open  to 
public  inspection.  [New  section  approved  March  29,  1897.  Stats.  1897, 
p.  22G.     In  effect  immediately.] 

§  4.  In  addition  to  the  powers  hereinbefore  granted  to  said  board,  it 
shall  have  the  power  (1)  to  provide  for  the  payment  of  its  necessary  ex- 
penses, -.uch  as  printing,  stationery,  and  postage  stamps;  and  where  the 
numbe-,.  of  those  subject  to  the  burdens  of  this  act  is  greater  than  one 


Act  3570,  5  5  GENERAL  LAWS.  1176 

hundred,  it  may  employ  a  clerk  at  a  salary  not  to  exceed  fifty  (50)  dol- 
lars per  annum;  and  (2)  to  make  such  needful  rules  and  regulations  for 
the  transaction  of  its  business,  from  time  to  time,  as  may  be  necessary; 
the  said  expenses  and  the  said  clerk's  salary  shall  be  paid  from  the  an- 
nuity fund  in  such  counties  or  consolidated  cities  and  counties,  wherein 
there  shall  be  "annuity  funds,"  but,  wherever  there  shall  be  no  "annuity 
fund,"  the  said  expenses  shall  be  paid  from  the  "distribution  fund,"  and 
the  said  salary  from  the  reserve  fund.  [Amendment  approved  March 
20,  1903.     Stats.  1903,  p.  271.     In  effect  immediately.] 

Amended  also  in  1897,  Stats.,  1897,  p.  232,  and  in  1901,  Stats.  1901,  p.  677. 

§5.  Those  subject  to  the  burdens  of  this  act  in  each  county,  or  in 
each  consolidated  city  and  county,  at  a  meeting  called  for  the  purpose 
by  the  superintendent  of  public  schools  of  such  county  or  of  such  city 
and  county,  on  the  first  Saturday  in  May  following  the  creation  of  the 
fund  hereinafter  specified,  shall  elect  by  ballot  five  of  their  number,  who 
shall  constitute  a  committee  on  retirement;  the  members  of  said  com- 
mittee shall,  immediately  after  their  election,  classify  themselves  by  lot 
so  that  one  shall  serve  for  one  year,  two  serve  for  two  years,  and  two 
shall  serve  for  three  years;  and,  annually,  at  a  meeting  to  be  called  in 
the  same  manner  on  the  first  Saturday  in  May  of  each  year  after  the  first 
meeting,  the  successor  or  successors  of  the  member  or  members  of  said 
committee  whose  term  of  office  is  about  to  expire,  shall  be  elected  for  a 
term  of  three  years;  provided,  however,  that  said  committee  shall  always 
consist  of  at  least  one  class  teacher  from  some  primary  school,  one  from 
some  grammar  school,  and  one  from  some  high  school  in  the  county,  or 
consolidated  city  and  county,  whenever  such  election  is  possible.  In  the 
event  of  a  vacancy,  the  superintendent  of  schools  shall  appoint  until  the 
next   annual   election. 

Within  fifteen  days  after  the  taking  effect  of  this  amendatory  act, 
the  contributors  to  said  fund  in  any  county,  or  consolidated  city  and 
county,  in  this  state,  at  a  meeting  called  for  that  purpose,  by  the  super- 
intendent of  public  schools  of  such  county,  or  consolidated  city  and 
county  (or  if  he  neglects  or  refuses  to  call  such  meeting,  then  such  meet- 
ing may  be  called  by  ten  of  such  contributors),  may  select  and  designate 
by  resolution  adopted  by  a  majority  vote  of  those  present,  which  of  the 
two  alternatives  presented  in  section  8  class  two,  in  section  8  class  six, 
in  section  8  class  seven,  and  in  section  11,  respectively,  shall  be  followed 
in  such  county  or  consolidated  city  and  county. 

In  the  event  that  no  such  meeting  is  called  or  held  for  the  purpose  of 
making  such  selection  and  designation,  the  said  contributors  in  such 
county,  or  consolidated  city  and  county,  wherein  no  such  meeting  shall 
be  held,  will  be  deemed  to  have  selected  the  first  (marked  subdivision 
"A")  of  each  of  the  above  mentioned  alternatives. 

In  counties  and  consolidated  cities  and  counties  where  a  public  school 
teachers'  annuity  and  retirement  fund  shall  be  hereafter  created  the  said 
selection  and  designation  shall  be  made  at  the  said  meeting  to  be  held 
on  the  first  Saturday  in  May  following  the  creation  of  said  fund.  After 
any  selection  and  designation  shall  have  been  made,  pursuant  to  this  sec- 


1177  SCHOOLS.  Act  3570,  §§  6-8 

tion,  no  change  shall  ever  be  made  thereafter  in  that  connection.  A 
certified  copy  of  all  resolutions  adopted  pursuant  to  this  section  shall 
be  furnished  by  said  meeting  of  said  contributors  to  the  board  of  public 
school  teachers'  retirement  fund  commissioners  of  such  county  or  con- 
solidated city  and  county.  [Amendment  approved  March  20,  1903.  Stats. 
1903,  p.  271.     In  effect  immediately.] 

Amended  also  in  1897,  Stats.  1897,  p.  227,  and  1901,  Stats.  1901,  p.  677. 

§  6.  The  board  of  education  of  any  incorporated  city  or  town,  and  the 
board  of  trustees  of  any  school  districts  outside  of  said  city  or  town, 
shall  refer  all  applications  for  retirement  to  said  committee  on  retire- 
ment, or  may,  of  its  own  motion,  submit  the  name  of  any  person  or  per- 
sons, whom  it  desires  to  have  retired,  to  the  said  committee  on  retirement 
and  it  shall  thereupon  be  the  duty  of  said  committee  to  investigate 
the  case  and  report  to  said  board  of  education  or  board  of  trustees, 
whether  or  not  said  teacher  should  be  retired,  and  the  annuity  to  which 
said  teacher  is  entitled,  if  entitled  to  any.  At  least  three  members  of 
the  said  committee  must  concur  in  the  report,  if  it  be  in  favor  of  granting 
said  annuity.  This  report  of  said  committee  shall  be  final.  Said  board 
of  education,  or  board  of  trustees,  shall  thereupon  certify  and  send  this 
report  to  the  public  school  teachers'  retirement  fund  commissioners,  who 
shall  be  bound  by  its  decision.  [New  section,  approved  March  29,  1897, 
Stats.  1897,  p.  227.     In  effect  immediately.] 

§7.  In  addition  to  the  powers  heretofore  granted  to  said  committee 
on  retirement,  it  shall  have  the  power  (1)  to  subpoena  and  compel  wit- 
nesses to  attend  and  testify  before  it  on  all  matters  relating  to  the  opera- 
tion of  this  act,  and  any  member  of  said  committee  may  administer  an 
oath  or  affirmation  to  such  witness  in  the  form  prescribed  in  courts  of 
justice;  (2)  to  make  such  rules  and  regulations  for  the  transaction  of 
its  business  as  may  from  time  to  time  be  necessary.  [New  section  ap- 
proved March  29,  1897.     Stats.  1897,  p.  227.     In  effect  immediately.] 

§  8.  Any  public  school  teacher  or  any  occupant  of  one  of  the  oflSces 
mentioned  in  subdivision  4  of  section  12  of  this  act,  who  has  been  a 
contributor  under  the  provisions  of  this  act,  and  who  has  ceased  teaching, 
for  a  time,  or  has  ceased  to  occupy  such  office,  may  again  become  a  con- 
tributor upon  returning  to  teaching  in  the  public  schools  of  this  state, 
or  upon  becoming  an  occupant  of  any  one  of  the  offices  mentioned  in  said 
subdivision  4  of  section  12,  and  shall  thereupon  be  credited  with  his  said 
previous  service  and  contribution;  provided,  that  no  person  shall  be  a 
contributor  to  a  public  school  teachers'  annuity  and  retirement  fund 
under  this  act  who  does  not  hold  a  valid  certificate  or  diploma  to  teach  in 
the  public  schools  of  this  state. 

The  annuitants  under  this  act  are  classed  as  follows: 

ANNUITANTS. 

Class  One.  Any  teacher  who  shall  have  served  in  the  public  schools 
of  this  state  for  thirty  years  as  a  teacher,  and  who  shall  have  been  sub- 


Act  3570,  §  8  GENERAL  LAWS.  1178 

jeet  to  the  burdens  imposed  by  this  act  for  thirty  years,  shall  be  entitled 
to  retire  under  the  provisions  of  this  act. 

Any  teacher  who  has  served  in  the  public  schools  of  this  state,  and 
who  has  served  in  one  or  more  of  the  offices  mentioned  in  said  subdivision 
4  of  section  12,  and  the  aggregate  period  of  whose  service  in  the  said 
public  schools  and  in  said  office  or  offices  shall  be  thirty  years,  and  who 
shall  have  been  subject  to  the  burdens  imposed  by  this  act  during  said 
thirty  years,  shall  be  entitled  to  retire  under  the  provisions  of  this  act; 
provided,  however,  such  teacher  shall  have  held  a  valid  certificate  or 
diploma  to  teach  in  the  public  schools  of  this  state  during  all  of  said 
period.  Annuitants  of  class  one  shall  be  entitled  to  receive  from  the 
said  public  school  teachers'  annuity  and  retirement  fund  the  sum  of 
thirty  (30)  dollars  per  month  in  counties,  and  fifty  (50)  dollars  per 
month  in  consolidated  cities  and  counties,  payable  quarterly. 

Class  Two.  Any  teacher  who  shall  have  served  in  the  public  schools  of 
this  state  for  thirty  years,  and  who  was  unable  to  contribute  to  said 
public  school  teachers'  annuity  and  retirement  fund  for  thirty  years,  by 
reason  of  the  nonestablishment  or  nonexistence  of  said  fund,  and  any 
teacher  who  shall  have  served  in  the  public  schools  of  this  state,  and 
who  shall  have  served  in  one  or  more  of  the  offices  mentioned  in  said 
subdivision  4  of  section  12,  and  the  aggregate  period  of  whose  service 
in  the  said  public  schools,  and  in  said  office  or  offices,  is  thirty  years, 
and  who  has  held  a  valid  certificate  or  diploma  to  teach  in  the  public 
schools  of  this  state  during  all  of  said  period,  and  who  was  unable  to 
contribute  to  said  fund  for  thirty  years  by  reason  of  the  nonestablish- 
ment or  nonexistence  of  said  fund,  shall  be  retired  upon  application  to 
the  said  board  under  either  subdivision  A  or  subdivision  B,  hereof,  as 
the  contributors  to  said  fund  in  such  county,  or  consolidated  city  and 
county,  shall  have  selected  to  follow,  as  provided  in  section  5  of  this  act. 

A.  Such  applicant  upon  retirement  shall  receive  from  the  public  school 
teachers'  annuity  and  retirement  fund  the  sum  of  thirty  (30)  dollars 
per  month  in  counties,  and  fifty  (50)  dollars  per  month  in  consolidated 
cities  and  counties,  payable  quarterly;  provided,  that  such  applicant  for 
retirement  is,  at  the  date  of  the  taking  effect  of  this  amendatory  act,  a 
contributor  to  the  public  school  teachers'  annuity  and  retirement  fund 
in  the  county  or  consolidated  city  and  county,  where  he  is  teaching  or 
holding  such  office,  or  becomes  a  contributor  thereto  within  ninety  (90) 
days  after  he  becomes  such  teacher  or  such  office  holder,  and  shall  have 
paid  into  the  said  fund,  at  the  time  of  such  retirement,  a  sum  aggregat- 
ing what  he  would  have  paid  into  said  fund  in  thirty  (30)  years,  had  he 
been  a  contributor  thereto  for  that  period;  provided,  further,  that 
annuities  under  this  class  shall  not  begin  until  five  (5)  years  after  the 
retired  teacher  became  a  contributor. 

B.  Such  applicant  upon  retirement  shall  receive  from  the  public 
school  teachers'  annuity  and  retirement  fund  the  sum  of  five  (5)  dollars 
per  month,  payable  quarterly,  for  every  two  and  one-half  (21,4)  years 
(or  fraction  thereof  equal  to  or  greater  than  one-half  of  two  and 
one-half  years)  such  teacher  or  office  holder  shall  have  contributed  to 
said  fund,  until  the  maximum  annuity  of  thirty  (30)   dollars  per  month 


1179  SCHOOLS.  Act  3570,  §  8 

in  counties  and  fifty  (50)  dollars  per  month  in  consolidated  cities  and 
counties  shall  have  been  reached;  provided,  that  such  applicant  for  retire- 
ment is,  at  the  date  of  the  taking  effect  of  this  amendatory  act,  a  con- 
tributor to  the  public  school  teachers'  annuity  and  retirement  fund  in 
the  county,  or  consolidated  city  and  county  where  he  is  teaching  or 
holding  such  office,  or  becomes  a  contributor  within  ninety  (90)  days 
after  the  taking  effect  of  this  amendatory  act,  or  becomes  a  contributor 
thereto  within  ninety  (90)  days  after  he  becomes  such  teacher  or  such 
office  holder. 

No  person  shall  be  retired  under  this  subdivision  unless  he  shall  have 
paid  into  said  fund,  at  the  time  of  such  retirement,  a  sum  aggregating 
what  he  would  have  paid  into  said  fund  in  thirty  (30)  years  had  he 
been  a  contributor  thereto  for  that  period. 

No  teacher  or  office  holder  shall  be  retired  until  he  has  been  a  con- 
tributor to  the  fund  for  five  (5)  years. 

Class  Three.  Any  public  school  teacher  who  shall  have  served  for. 
thirty  years,  twenty-five  of  which  shall  have  been  in  the  public  schools 
of  this  state,  or  partly  in  the  public  schools  of  this  state  and  partly  in 
one  or  more  of  the  offices  mentioned  in  said  subdivision  4  of  section  12, 
and  who  shall  have  been  subject  to  the  burdens  imposed  by  this  act 
for  twenty-five  years,  shall  receive  upon  retirement  after  thirty  years  of 
such  service,  the  sum  of  thirty  (30)  dollars  per  month  in  counties,  and 
fifty  (50)  dollars  per  month  in  consolidated  cities  and  counties,  payable 
quarterly;  provided,  he  shall  have  paid  into  the  said  fund,  at  the  time 
of  such  retirement,  a  sum  aggregating  what  he  would  have  paid  into  said 
fund  in  thirty  (30)  years,  had  he  been  a  contributor  thereto  for  that 
period. 

Class  Four.  Any  public  school  teacher  or  any  officer  mentioned  in 
said  subdivision  4  of  section  12,  subject  to  the  burdens  of  this  act,  who 
shall  remove  to  another  county  in  this  state,  may  continue  to  be  a  con- 
tributor to  the  public  school  teachers'  annuity  and  retirement  fund  in 
the  county,  or  in  the  consolidated  city  and  county,  from  which  he  re- 
moved, so  long  as  he  continues  to  be  a  public  school  teacher  or  the 
occupant  of  one  of  said  offices;  and  it  is  hereby  made  the  duty  of  the 
county  treasurer  of  the  county,  or  consolidated  city  and  county,  wherein 
such  teacher  or  officer  agreed  to  become  subject  to  the  burdens  of  this 
act,  to  receive  such  contributions  of  such  nonresidents,  and  to  place  such 
contributions  to  the  credit  of  the  public  school  teachers'  annuity  and 
retirement  fund. 

Class  Five.  Any  teacher  who  ceases  to  serve  in  the  public  schools  of 
any  county,  or  of  any  consolidated  city  and  county,  or  who  ceases  to 
serve  in  one  of  the  offices  mentioned  in  said  subdivision  4  of  section  12, 
in  the  county  or  consolidated  city  and  county,  where  he  has  been  subject 
to  the  burdens  imposed  by  this  act,  and  who  shall  have  served  in  the 
public  schools  of  this  state  for  thirty  (30)  years,  or  who  shall  have 
served  partly  in  the  public  schools  of  this  state  and  partly  in  one  or 
more  of  the  offices  mentioned  in  said  subdivision  4  of  section  12  for 
an  aggregate  period  of  thirty  (30)  years,  shall  be  entitled  to  retire,'  and 
to  receive  from  the  public  school  teachers'  annuity  and  retirement  fund 


Act  3570,  §  8  GENERAL  LAWS.  1180 

of  the  county,  or  consolidated  city  and  county,  to  which  he  has  con- 
tributed for  at  least  five  (5)  years,  an  annuity  equal  to  such  proportion 
of  the  maximum  annuity  granted  under  this  act  as  the  time  he  has  been 
subject  to  the  burdens  imposed  by  this  act  in  such  county,  or  consolidated 
city  and  county,  bears  to  the  period  of  thirty  years. 

Class  six.  Contributors  to  said  public  school  teachers'  annuity  and  re- 
tirement fund  retiring  under  this  class,  shall  be  retired  either  under  sub- 
division A,  or  subdivision  B  hereof,  as  the  contributors  to  said  fund  in 
such  county,  or  consolidated  city  and  county,  shall  have  selected  to 
follow,  as  provided  in  section  5  of  this  act. 

A.  If  any  teacher,  or  any  oflfice  holder  mentioned  in  said  subdivision 
4  of  section  12,  after  the  expiration  of  fifteen  (15)  years,  and  before  the 
expiration  of  thirty  (30)  years,  of  service  in  the  public  schools  of  this 
state,  or  of  service  partly  in  the  said  public  schools  and  partly  in  one 
or  more  of  the  offices  mentioned  in  said  subdivision  4  of  section  12,  shall 
be  compelled,  by  reason  of  incapacity,  to  retire  from  public  school  serv- 
ice, or  from  one  of  the  offices  mentioned  in  said  subdivision  4  of  section 
12,  while  holding  a  valid  certificate  or  diploma  to  teach  in  the  public 
schools  of  this  state,  such  retiring  teacher,  or  office  holder,  if  a  con- 
tributor to  the  said  fund  at  the  time  of  retirement,  shall  be  entitled  to 
receive,  from  the  public  school  teachers'  annuity  and  retirement  fund,  as 
many  thirtieths  (30th)  of  the  full  annuity  as  he  has  had  years  of  said 
service,  by  paying  into  the  public  school  teachers'  annuity  and  retire- 
ment fund  the  contributions  to  said  fund  corresponding  to  those  years 
of  service  rendered  at  a  time  when,  or  in  a  place  where,  it  was  im- 
possible to  make  such  contributions  by  reason  of  the  nonexistence  of  a 
public  school  teachers'  annuity  and  retirement  fund;  provided,  that  he 
shall  have  contributed  to  the  said  fund  for  five  years  before  he  becomes 
an  annuitant. 

B.  If  any  teacher  or  any  office  holder  mentioned  in  said'  subdivision  4 
of  section  12,  after  the  expiration  of  five  years,  and  before  the  expira- 
tion of  thirty  years  of  service  in  the  public  schools  of  this  state,  or  of 
service  partly  in  the  said  public  schools  and  partly  in  one  or  more  of 
the  offices  mentioned  in  said  subdivision  4  of  section  12,  shall  be  com- 
pelled by  reason  of  incapacity,  to  retire  from  public  school  service,  or 
from  one  of  the  offices  mentioned  in  said  subdivision  4  of  section  12, 
while  holding  a  valid  certificate  or  diploma  to  teach  in  the  public  schools 
of  this  state,  such  retiring  teacher  or  office  holder,  if  a  contributor  to 
the  said  fund  at  the  time  of  retirement,  shall  be  entitled  to  receive  from 
the  public  school  teachers'  annuity  and  retirement  fund  a  sum  in  dollars 
equal  to  such  proportion  of  the  maximum  annuity  granted  under  this 
act  as  the  time  he  shall  have  been  subject  to  the  burdens  of  this  act 
bears  to  the  period  of  thirty  years;  provided,  however,  that  those  who 
have  served  in  the  public  schools  of  this  state,  or  partly  in  the  said 
public  schools  and  partly  in  one  or  more  of  the  offices  mentioned  in  said 
subdivision  4  of  section  12,  at  a  time  when,  or  in  a  place  where,  it  was 
impossible  to  make  contributions  to  said  fund,  by  reason  of  the  non- 
existence of  said  fund,  may  receive  in  addition  to  the  proportion  of  the 
maximum    annuity    last    hereinabove    specified,    such    an    additional    pro- 


1181  SCHOOLS.  Act  3570,  §  8 

portion  of  the  full  annuity  as  the  number  of  years  of  said  service,  while 
not  burdened  with  the  provisions  of  this  act,  bears  to  thirty  years;  pro- 
vided, further,  that  they  shall  have  paid  into  the  said  fund,  at  the  time 
of  their  retirement,  an  amount  equal  to  what  they  would  have  paid  into 
said  fund  had  they  been  subject  to  the  burdens  imposed  by  this  act  for 
the  full  time  of  said  service,  not  to  exceed  thirty  years;  and  provided, 
further,  that  no  person  retired  under  this  subdivision  B  shall  ever  re- 
ceive a  greater  annuity  than  he  would  have  received  had  he  retired  on 
account  of  years  of  service;  and  provided,  further,  that  he  shall  have 
contributed  to  the  said  fund  for  five  years  before  he  becomes  an  an- 
nuitant. 

Class  Seven.  Contributors  to  said  public  school  teachers'  annuity  and 
retirement  fund,  retiring  under  this  class,  shall  be  retired  under  either 
subdivision  A,  or  under  subdivision  B,  hereof,  as  the  said  contributors  to 
said  fund  in  such  county,  or  consolidated  city  and  county,  shall  have 
selected  to  follow,  as  provided  in  section  5  of  this  act. 

A.  Any  public  school  teacher  who  shall  have  been  subject  to  the 
burdens  imposed  by  this  act,  for  a  period  of  at  least  five  years,  and 
who  shall  have  served  in  the  public  schools  of  this  state  for  a  period  of 
fifteen  (15)  years,  or  partly  in  the  said  public  schools  and  partly  in  one 
or  more  of  the  offices  mentioned  in  said  subdivision  4  of  section  12,  for 
a  period  of  fifteen  years,  and  who  has  held  a  valid  certificate  or  diploma 
to  teach  in  the  schools  of  this  state  during  all  said  period,  and  who  shall 
have  been  declared  incapacitated,  by  the  committee  on  retirement,  to 
perform  the  duties  of  a  public  school  teacher,  or  the  duties  of  the  office 
which  he  may  be  occupying,  if  he  should  be  occupying  one  of  the  offices 
mentioned  in  said  subdivision  4  of  section  12,  shall  be  entitled  to  retire 
and  to  receive  an  annuity  from  the  public  school  teachers'  annuity  and 
retirement  fund,  equal  to  such  proportion  of  the  maximum  annuity 
granted  under  this  act  as  the  time  he  has  been  subject  to  the  burdens 
imposed  by  this  act  bears  to  the  period  of  thirty  years. 

B.  Any  public  school  teacher  who  shall  have  been  subject  to  the 
burdens  imposed  by  this  act  for  a  period  of  five  years  (5),  and  who  shall 
have  served  in  the  public  schools  of  this  state  for  a  period  of  five  (5) 
years,  or  partly  in  the  said  public  schools  and  partly  in  one  or  more  of 
the  offices  mentioned  in  said  subdivision  4  of  section  12,  for  a  period  of 
five  years,  and  who  has  held  a  valid  certificate  to  teach  in  the  schools 
of  this  state  during  said  period,  and  who  shall  have  been  declared  in- 
capacitated by  the  committee  on  retirement,  to  perform  the  duties  of  a 
public  school  teacher,  or  the  duties  of  the  office  which  he  may  be  occupy- 
ing, if  he  should  be  occupying  one  of  the  offices  mentioned  in  said  sub- 
division 4  of  section  12,  shall  be  entitled  to  retire,  if  a  contributor  to 
the  fund  at  the  time  of  retirement,  and  to  receive  an  annuity,  from  the 
public  school  teachers'  annuity  and  retirement  fund  a  sum  in  dollars 
equal  to  such  proportion  of  the  maximum  annuity  granted  under  this  act, 
as  the  time  he  shall  have  been  subject  to  the  burdens  imposed  by  this 
act  bears  to  the  period  of  thirty  years. 

Class  Eight.  Teachers  of  public  evening  schools  receiving  a  salary  of 
fifty  (50)  dollars  or  less  per  month,  shall  be  subject  to  one-half  of  the 


Act  3570,  §  8  GENERAL  LAWS.  1182 

burdens,  and  shall  be  entitled  to  one-half  of  the  benefits,  of  this  actf 
provided,  that  any  public  school  teacher  who  is  employed  both  in  a  day 
and  an  evening  school  shall  be  considered  for  the  purposes  of  this  act  to 
be  employed  in  a  day  school  only;  provided,  further,  that  an  evening 
public  school  teacher,  who  at  any  time  before  retirement  under  the  pro- 
visions of  this  act  shall  become  a  day  public  school  teacher,  or  an  occu- 
pant of  one  of  the  offices  mentioned  in  said  subdivision  4  of  section  12, 
shall  upon  retirement  as  a  day  public  school  teacher,  or  as  one  of  said 
officers,  be  credited  with  half  time  for  his  said  evening  school  service, 
under  the  class  in  which  he  may  be  retired. 

HIGH  SCHOOL  AND  OTHER  PUBLIC  SCHOOL  TEACHERS. 

High  school  and  other  public  school  teachers  in  counties,  or  in  con- 
solidated cities  and  counties,  in  which  the  act  of  which  this  act  is 
amendatory  has  been  in  force,  who  were  unable  by  reason  of  any  im- 
perfection in  the  terms  of  said  act,  to  become  contributors,  shall  be 
allowed,  upon  admission  under  the  terms  of  this  act,  and  upon  ,the  pay- 
ment of  the  amounts  they  would  have  paid  had  they  been  contributors, 
to  date  the  time  of  their  admission  from  the  time  of  the  organization 
of  the  public  school  teachers'  annuity  and  retirement  fund  in  their  county 
or  consolidated  city  and  county.  City  treasurers  are  hereby  directed  to 
pay  into  the  public  school  teachers'  annuity  and  retirement  fund  of  their 
respective  counties  the  contributions  of  teachers  and  officers,  whose  sal- 
aries are  paid  by,  or  through,  city  treasurers,  in  the  same  manner  as 
provided  in  the  act  of  which  this  act  is  amendatory,  to  be  paid  by  the 
treasurer  of  a  county,  or  consolidated  city  and  county. 

Compliance  with  these  provisions  shall  render  any  public  high  school 
or  other  public  school  teacher  eligible  to  the  benefits  provided  in  any 
one  of  the  eight  classes  of  annuitants  in  this  act  created  to  which  such 
teacher  may  be  qualified. 

SUSPENSION  OF  ANNUITIES. 

Any  and  all  annuities  shall  be  suspended  if  the  recipient  returns  to 
the  profession  of  teaching  or  becomes  the  occupant  of  one  of  the  said 
offices  mentioned  in  subdivision  4  of  section  12.  Any  annuity  less  than 
two-thirds  of  the  maximum  annuity  shall  cease  at  the  expiration  of  one 
year  from  the  time  at  which  the  committee  on  retirement,  constituted 
in  section  5  of  this  act,  shall  decide  that  the  recipient  has  been  restored 
to  the  capacity  of  performing  the  duties  of  a  public  school  teacher. 

All  teachers  now  employed  in  the  public  schools  of  this  state  who  filed 
the  notice  specified  in  the  act  of  which  this  act  is  amendatory,  within 
ninety  days  after  the  passage  of  this  amendatory  act  in  counties  or  in 
consolidated  cities  and  counties  where  the  provisions  of  any  act  or  acts 
to  which  this  act  is  amendatory  are  now  applicable,  and  all  other  public 
school  teachers  in  other  counties  or  consolidated  city  and  county  who 
become  contributors  within  ninety  days  after  the  establishment  of  a 
public  school  teachers'  annuity  and  retirement  fund  therein  and  who 
shall  have  paid  at  the  time  of  retirement  an  amount  equal  to  what  they 


1188  SCHOOLS.  Act  3570,  §§  9,  10 

would  have  paid  had  they  been  subject  to  the  burdens  imposed  by  the 
provisions  of  this  act  for  thirty  (30)  years,  shall  not  suffer  any  reduction 
of  annuities;  provided,  however,  that  the  provisions  of  this  paragraph 
shall  not  apply  to  counties  or  consolidated  cities  and  counties  in  which 
the  contributors  to  said  fund  shall  select  to  be  governed  by  the  pro- 
visions of  subdivision  B  of  classes  two,  six  and  seven  respectively  of 
section  8,  and  subdivision  B  of  section  11,  as  provided  in  section  5. 
[Amendment  approved  March  20,  1903.  Stats.  1903,  p.  272.  In  effect 
immediately.] 

Also  amended  in  1897,  Stats.  1897,  p.  227,  and  in  1901,  Stats.  1901,  p.  677. 

§  9.  If  at  the  end  of  any  quarter  year  there  shall  not  be  a  sufficient 
amount  of  money  in  the  "annuity  fund,"  or  in  the  "distribution  fund,"  as 
the  case  may  be,  to  pay  all  warrants  and  demands  of  annuitants  in  full, 
then  the  money  in  that  fund  shall  be  divided  pro  rata  among  them, 
and  the  sum  received  by  each  annuitant  shall  be  in  full  discharge  of 
all  claims  against  said  fund  to  that  date.  [Amendment  approved  March 
20,  1903.  Stats.  1903,  p.  278.  In  effect  immediately.] 
Also  amended  in  1897,  Stats.  1897,  p.  227. 

§  10.  The  public  school  teachers'  annuity  and  retirement  fund  herein 
provided  for,  shall  consist  of  the  following,  with  the  income  and  interest 
thereof: 

(I)  Twelve  (12)  dollars  per  school  year  of  the  salaries  paid  to  all 
those  subject  to  the  burdens  imposed  by  this  act,  in  each  county,  or 
consolidated  city  and  county,  shall  be  deducted  from  the  warrants  for 
salary,  and  paid  by  the  treasurer  of  the  county,  or  consolidated  city  and 
county,  to  the  public  school  teachers'  retirement  fund  commissioners  of 
said  county,  or  consolidated  city  and  county;  and  it  shall  be  the  duty  of 
the  secretary  of  the  board  of  education  in  every  incorporated  city  or 
town,  or  consolidated  city  and  county,  and  the  clerk  of  the  board  of 
trustees  of  every  public  school  district  outside  of  such  city  or  town,  or 
consolidated  city  and  county,  to  deduct  from  each  salary  demand,  the 
said  sum  according  to  the  class  to  which  each  teacher  belongs,  and  to 
draw  his  warrant  at  the  end  of  each  month  for  the  total  amount  in  favor 
of  the  public  school  teachers'  retirement  fund  commissioners. 

(II)  All  moneys  received  from  gifts,  bequests  and  devises,  or  from 
any  other  source. 

(III)  All  moneys,  pay,  compensation,  or  salary  forfeited,  deducted  or 
withheld  from  the  warrant  or  demand  for  salary  of  any  teacher  or 
teachers  for  and  account  of  absence  from  duty  from  any  cause,  which  the 
board  of  education  of  every  incorporated  city  or  town,  or  the  board  of 
trustees  of  every  school  district  outside  of  such  city  or  town,  may 
appropriate  and  set  apart  for  the  aforesaid  fund;  and  said  board  of 
education  or  board  of  trustees  are  hereby  empowered  to  appropriate 
such  moneys,  or  any  part  thereof,  for  such  fund;  provided,  that  in  con- 
solidated cities  and  counties,  after  the  establishment  of  an  annuity  fund 
therein,  it  is  hereby  made  the  duty  of  the  boards  of  education  to  ap- 


Act  3570,  §  11  GENERAL  LAWS.  1184 

propriate    monthly,    at   least    one-half   of    such    moneys    for    such    fund. 
[Amendment  approved  March  11,  1909.     Stats.  1909,  p.  296.] 

Also  amended  iu  1897,  Stats.  1897,  p.  228,  and  in  1903,  Stats.  1903,  p.  278. 

§  11.  The  said  public  school  teachers'  annuity  and  retirement  fund 
shall  be  divided  either  as  designated  in  subdivision  A  hereof,  or  as  desig- 
nated in  subdivision  B  hereof,  as  the  said  contributors  to  said  fund  in 
such  county,  or  consolidated  city  and  county,  shall  have  selected  to  follow 
pursuant  to  the  provisions  of  section  five  (5)  hereof. 

A.  The  said  public  school  teachers'  annuity  and  retirement  fund  in 
each  county  or  consolidated  city  and  county,  shall  be  divided  into  two 
distinct  funds,  or  accounts,  (1)  the  permanent  fund,  and  (2)  the  annuity 
fund, 

(1)  The  permanent  fund. 

(a)  The  permanent  fund  shall  consist  of:  (I)  Twenty-five  per  cent  of 
all  contributions  from  those  atfected  by  this  act;  (II)  Twenty-five  per 
cent  of  all  gifts,  bequests,  or  devises,  unless  otherwise  ordered  by  the 
donor  or  the  testator;  (IU)  Twenty-five  per  cent  of  all  moneys  deducted 
from  the  salaries  of  teachers  because  of  absence  from  duty. 

(b)  When  the  permanent  fund  shall  amount  to  the  sum  of  fifty  thousand 
(50,000)  dollars,  then  all  moneys  thereafter  received  shair  go  into  the 
annuity  fund,  except  such  gifts,  devises,  or  bequests  as  may  be  specially 
directed  by  its  donor  or  testator  to  be  placed  in  the  permanent  fund. 

(c)  It  shall  be  the  duty  of  the  public  school  teachers'  retirement  fund 
commissioners  to  invest  the  aforesaid  permanent  fund  in  interest-bearing 
bonds  issued  by  the  federal,  state,  county,  city  and  county,  or  municipal 
governments,  and  to  apply  the  interest  thereon  as  herein  directed. 

(2)  The  annuity  fund. 

(a)  The  annuity  fund  shall  consist  of:  (I)  The  income  derived  from 
the  permanent  fund;  (II)  All  other  moneys  belonging  to  the  public  school 
teachers'  annuity  and  retirement  fund,  not  hereinbefore  directed  to  be 
placed  in  the  permanent  fund;  (III)  All  moneys  in  the  fund  provided 
for  in  the  act  to  which  this  act  is  amendatory, 

(b)  The  annuity  fund  shall  be  the  only  one  from  which  annuitants 
shall  be  paid. 

(c)  If  at  the  end  of  any  fiscal  year  there  remain  any  surplus  in  the 
annuity  fund,  said  surplus  shall  be  deposited  by  the  public  school  teach- 
ers' retirement  fund  commissioners  in  any  savings  bank,  or  savings  banks, 
designated  by  them. 

B.  The  said  public  school  teachers'  annuity  and  retirement  fund,  in 
each  county,  or  consolidated  city  and  county,  shall  be  divided  into  two 
distinct  funds  or  accounts,  (1)  the  reserve  fund  and  (2)  the  distribution 
fund. 

(1)   The  reserve  fund. 

The  reserve  fund  shall  consist  of: 

(a)  All  moneys  collected  from  the  unclassified  contributors  for  the 
first  five  years  after  the  creation  of  said  fund. 

(b)  Sixty  (60)  per  cent  of  all  moneys  collected  from  the  unclassified 
contributors  for  the  second  five  years  after  the  creation  of  the  fund. 


1185  SCHOOLS.  Act  3570,  §11 

(c)  Fifty  (50)  per  cent  of  all  moneys  collected'  from  unclassified  con- 
tributors for  the  third  five  years  after  the  creation  of  the  fund. 

(d)  Thirty  (30)  per  cent  of  all  moneys  collected  from  the  unclassified 
contributors  for  the  fourth  five  years  after  the  creation  of  the  fund. 

(e)  One  hundred  per  cent  of  all  collections  from  the  classified  con- 
triljutors  during  the  first  period  of  their  classification,  as  hereinafter 
classified. 

(f)  Ninety  per  cent  of  all  collections  from  the  classified  contributors 
during  the  second  period  of  their  classification,  as  hereinafter  classified. 

(g)  Eighty  per  cent  of  all  collections  from  the  classified  contributors 
during  the  third  period  of  their  classification,  as  hereinafter  classified. 

(h)  Seventy  per  cent  of  all  collections  from  the  classified  contributors 
during  the  fourth  period  of  their  classification,  as  hereinafter  classified. 

(i)  All  collections  from  sources  other  than  said  collections  from  con- 
tributors; all  donations,  and  all  interest  accrued  on  such  reserve  fund 
for  a  period  of  twenty  years  from  the  creation  of  said  fund. 

It  shall  be  the  duty  of  the  public  school  teachers'  retirement  fund 
commissioners  to  place  the  reserve  fund  at  interest,  monthly,  in  a  sav- 
ings bank  selected  by  the  said  commissioners.  All  original  contributors 
to  a  public  school  teachers'  annuity  and  retirement  fund  in  any  county 
or  consolidated  city  and  county,  and  all  those  who  became  contributors 
thereto  within  the  first  five  years  after  the  creation  of  said  fund  shall  be 
known  as  unclassified  contributors. 

All  who  become  contributors  during  the  first  decade  after  the  fund  shall 
have  been  in  existence  for  five  years  shall  be  known  as  class  A,  and 
those  who  become  contributors  to  said  fund  during  each  decade  there- 
after shall  be  known  as  classes  B,  C,  D,  respectively;  each  of  said  classes 
shall  exist  for  four  periods,  the  first  three  being  for  ten  years  each  and 
the  fourth  for  five  years. 

When  the  term  for  which  any  class  has  been  formed  shall  have  elapsed, 
all  contributors  to  such  classes  who  continue  to  contribute,  shall  be  con- 
sidered as  unclassified. 

(2)   The  distribution  fund. 

The  distribution  fund  shall  not  be  formed  in  any  county  or  consoli- 
dated city  and  county,  until  the  said  public  school  teachers'  annuity  and 
retirement  fund  shall  have  been  in  existence  for  five  years.  It  shall  then 
consist  of: 

(a)  The  income  not  hereinbefore  set  aside  and  declared  a  part  of  the 
reserve  fund. 

(b)  After  the  said  fund  shall  have  been  in  existence  for  twenty  years, 
in  addition  to  the  income  not  heretofore  set  aside  for  the  reserve  fund, 
there  shall  be  transferred  quarterly,  during  the  next  five  years,  from  the 
reserve  fund  to  the  distribution  fund,  sixty  (60)  dollars;  provided,  that 
the  earnings  of  the  reserve  fund  for  that  period  shall  be  equal  to,  or 
shall  excee'd,  two  hundred  and  forty  (240)  dollars  per  annum.  If  the 
earnings  of  the  reserve  fund  shall  not  equal  two  hundred  and  forty  (240) 
dollars  per  annum,  the  amount  transferred  quarterly  from  the  reserve 
fund  to  the  distribution  fund  shall  be  equal  to  the  quarterly  interest  of 
the  reserve  fund. 

Gen.  Laws — 75 


Act  3570,  §  12  GENERAL  LAWS.  1186 

(c)  After  the  said  fund  shall  have  been  in  existence  for  twenty-five 
(25)  years,  the  distribution  fund  shall  consist  of  the  income  not  here- 
tofore set  aside  for  the  reserve  fund,  and  one  hundred  and  sixty  (160) 
dollars  be  transferred  quarterly,  during  the  next  five  years  from  the 
reserve  fund  to  the  distribution  fund;  provided,  however,  that  this 
amount  does  not  exceed  the  quarterly  earnings  of  the  reserve  fund  for 
that  period.  Should  the  one  hundred  and  sixty  (160)  dollars  exceed  the 
said  quarterly  earnings,  then  an  amount  equal  to  the  quarterly  earnings 
of  the  reserve  fund  shall  be  so  transferred. 

(d)  After  the  said  fund  shall  have  been  in  existence  for  thirty  years 
the  distribution  fund  shall  consist  of  the  income  not  heretofore  set  aside 
for  the  reserve  fund  and  all  of  the  interest  of  the  reserve  fund  during 
the  next  five  years.  And  should  the  aforesaid  fail  to  give  sufficient 
funds  to  pay  half  of  the  annuities  due,  then  there  shall  be  transferred 
quarterly  from  the  reserve  fund,  over  and  above  the  earnings  of  the 
reserve  fund,  thirty  (30)  dollars  per  quarter. 

(e)  After  the  said  fund  shall  have  been  in  existence  for  thirty-five 
years,  the  distribution  fund  shall  consist  of  the  income  not  heretofore 
set  aside  for  the  reserve  fund.  Also  the  interest  on  the  reserve  fund, 
distributed  quarterly  during  the  next  five  years,  and  should  this  not  be 
sufficient  to  pay  half  of  the  annuity  due,  then  there  shall  be  transferred 
from  the  reserve  fund,  in  addition  to  the  interest,  sixty  (60)  dollars 
quarterly. 

(f)  After  the  said  fund  shall  have  been  in  existence  for  forty  years, 
the  distribution  fund  shall  consist  of  the  income  not  heretofore  set  aside 
for  the  reserve  fund,  the  interest  on  the  reserve  fund  distributed  quar- 
terly, and  a  sum  taken  from  the  reserve  fund  in  addition  thereto,  equa. 
to  twelve  times  the  increase  in  contributors  to  the  said  public  school 
teachers'  annuity  and  retirement  fund  for  the  preceding  year;  that  "is, 
if  the  said  contributors  increase  by  twenty  during  the  year  1934,  then 
during  the  year  1935  there  shall  be  taken  from  the  reserve  fund  in  addition 
to  the  interest,  two  hundred  and  forty  (240)  dollars  per  annum. 

All  disbursements  shall  be  from  the  distribution  fund,  except  as  other- 
wise   provided    in    section    4.     [Amendment    approved    March    20,    1903. 
Stats.  1903,  p.  279.     In  effect  immediately.] 
Also  amended  in  1897,  Stats.  1897,  p.  279. 

§  12.  This  act  shall  be  binding  upon  such  public  school  teachers,  and 
such  officers  mentioned  in  said  subdivision  4  of  section  12  as  shall  sign 
and  deliver  to  the  public  school  teachers'  retirement  fund  commissioners, 
and  to  the  secretary  of  the  board  of  education  of  the  incorporated  city 
or  town,  or  consolidated  city  and  county,  or  to  the  clerk  of  the  board 
of  trustees  of  the  school  district  in  which  they  are  employed,  a  notice 
in  substantially  the  following  form: 

To  the  Public  School  Teachers'  Eetirement  Fund  Commissioners,  of  

county  (or  city  and  county): 
You  are  hereby  notified  that  I  agree  to  be  bound   by,  and  desire  to 
avail  myself  of  the  provisions  of  the  act  of  the  legislature  of  the  state 


1187  SCHOOLS.  Act  3571 

of  California,  approved'  March  29th,  eighteen  hundred  and  ninety-seven, 
entitled  "An  act  to  amend  an  act  approved  March  twenty-sixth,  eighteen 
hundred  and  ninety-five,  entitled  'An  act  to  create  and  administer  a  public 
school  teachers'  annuity  and  retirement  fund  in  the  several  counties,  and 

cities  and  counties  in  "tlie  state,'"  as  amencled  March  23,  1901,  and  , 

1903. 

Signed  

provided,  that  at  least  thirty  public  school  teachers  within  the  county, 
or  consolidated  city  and  county,  shall  file  the  notice  hereinbefore  set 
forth;  provided,  further,  that  in  all  counties,  or  in  consolidated  cities 
and  counties,  where  there  is  a  less  number  of  teachers  than  thirty,  this 
act  shall  be  binding  on  all  those  who  so  signify  their  intention  of  being 
bound  thereby. 

(2)  In  consolidated  cities  and  counties  it  shall  be  binding  upon  all 
teachers  elected  or  appointed  to  teach  in  the  public  schools  of  such  con- 
solidated cities  and  counties  after  the  passage  of  this  act. 

(3)  Annuities  heretofore  granted  under  the  provisions  of  the  act  of 
which  this  act  is  amendatory  shall  be  continued  for  the  same  amount 
as  heretofore  paid,  subject,  however,  to  the  conditions  imposed  by  sec- 
tions nine  (9)  and  eleven  (11)  of  this  act. 

(4)  Any  county,  consolidated  city  and  county,  or  city  superintendent 
of  schools  of  this  state,  and  any  deputy  superintendent  of  schools  for 
any  county,  consolidated  city  and  county,  or  city  of  the  state,  and  any 
person  engaged  in  any  other  educational  work,  required  by  law  to  have 
the  qualifications  of  a  teacher  in  the  public  schools  of  this  state,  may 
avail  himself  of  the  provisions  of  this  act;  and  whenever  the  word 
"teacher"  is  used  in  this  act  it  shall  be  deemed  to  include  such  ofiicer 
or  officers.  [Amendment  approved  March  20,  1903.  Stats.  1903,  p.  282. 
In  effect  immediately.] 

Also  amended  in  1897,  Stats.  1897,  p.  230. 

§  13.  Every  public  officer  who  shall  issue,  or  receive  in  his  official 
capacity,  any  warrant,  or  who  shall  receive  or  pay  out  any  money,  in  any 
manner  connected  with,  pursuant  to,  or  dependent  upon,  the  provisions  of 
this  act,  shall  keep  a  full,  accurate  and  public  record  of  all  his  trans- 
actions appertaining  to  the  same.  [Amendment  approved  March  20, 
1903.     Stats.  1903,  p.  283.     In  effect  immediately.] 

§14.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage.  [Amendment  approved  March  29,  1897.  Stats.  1897,  p.  231. 
In  effect  immediately.] 

ACT  3571. 

An  act  authorizing  any  teacher  or  public  officer  who  is  now  a  con- 
tributor to  a  public  school  teachers'  annuity  and  retirement  fund 
in  any  county,  or  consolidated  city  and  county,  of  this  state,  where 
there  are  no  annuitants  drawing  annuities  from  the  said  fund  of 
such  county,  or  consolidated  city  and  county,  to  cease  to  be  a  con- 
tributor to  such  fund  within   sixty   days  from  the   taking  effect  of 


Act  3571,  §§  1-5  GENERAL  LAWS.  1188 

this  act,  and  to  have  returned  to  him  the  amount  contributed  by  him 
thereto,  or  such  part  thereof  as  may  be  available  for  that  purpose. 
[Approved  March  13,  1903.     Stats.  1903,  p.  131.] 

§  1.  Within  sixty  days  after  the  taking  effect  of  this  act,  any  teacher 
or  public  officer  who  is  now  a  contributor  to  a  public  school  teachers' 
annuity  and  retirement  fund  in  any  county  or  consolidated  city  and 
county  in  this  state,  created  under  the  provisions  of  an  act  approved 
March  29,  1897,  entitled  "An  act  to  amend  an  act  approved  March  26, 
1895,  entitled  'An  act  to  create  and  administer  a  public  school  teachers' 
annuity  and  retirement  fund  in  the  several  counties,  and  cities  and 
counties  in  the  state,'  "  as  amended,  may  withdraw  from  such  organiza- 
tion by  complying  with  the  provisions  of  this  act;  provided,  however, 
that  the  provisions  of  this  act  shall  not  apply  to  any  county  or  con- 
solidated city  and  county,  where  there  are,  at  the  time  of  the  taking 
effect  of  this  act,  any  annuitants  drawing  annuities  from  the  said  fund 
of  such  county,  or  consolidated  city  and  county. 

§2.  And  such  teacher,  or  public  officer,  desiring  to  avail  himself  of  the 
provisions  of  this  act,  shall  within  sixty  (60)  days  after  the  taking  effect  of 
this  act,  sign  and  file  with  the  board  of  public  school  teachers'  retirement 
fund  commissioners  of  the  county,  or  consolidated  city  and  county,  where 
such  teacher  or  public  officer  is  then  a  contributor,  a  notice  in  writing  to 
the  effect  that  such  teacher  or  public  officer,  thereby  withdraws  from  the 
said  organization,  and  shall  at  the  same  time  sign  and  tile  with  the 
clerk,  secretary,  officer,  or  board,  whose  duty  it  is  to  issue  the  salary 
warrants  of  such  teacher  or  public  officer,  a  notice  similar  in  substance 
to  the  said  notice  filed  with  the  said  board  of  commissioners. 

§  3.  The  said  board  of  commissioners,  shall,  at  its  next  regular  meet- 
ing after  the  expiration  of  said  sixty  (60)  days,  pass  a  resolution  direct- 
ing that  all  money  contributed  to  said  public  school  teachers'  annuity 
and  retirement  fund  by  such  teachers  or  public  officers  so  withdrawing, 
shall  be  immediately  returned  to  such  teachers  or  public  officers.  If  the 
amount  in  the  fund  of  said  organization,  after  the  payment  of  all  legal 
demands,  shall  be  insufficient  to  pay  each  withdrawal  the  full  amount 
contributed  by  him,  then  the  said  board  shall  compute  the  pro  rata 
amount  that  shall  be  paid  to  each,  the  same  to  be  in  proportion  to  their 
respective  contributions,  and  shall  specify  in  said  resolution  the  amount 
to  be  returned  to  each. 

§  4.  The  president  and  secretary  of  said-  board  shall  thereupon  issue 
warrants  to  the  persons  entitled  tbereto,  in  such  amounts  as  shall  have 
been  so  computed  and  specified  by  said  board,  and  the  treasurer  of  said 
fund  shall  pay  the  same  to  the  person  named  in  each  respective  warrant, 
or  to  his  heirs  or  assigns. 

§  5.  From  and  after  filing  the  notice^,  specified  in  section  2  hereof, 
each  teacher  or  public  officer  giving  such  notices  shall  be  relieved  from 
all  burdens  and  liabilities  imposed  by  the  said  act  designated  in  section  1 
hereof. 


1169  SCHOOLS.  Acts  3572-35ti 

§  6.  The  clerk,  secretary,  officer,  or  board,  whose  duty  it  is  to  issue 
the  salary  warrants  of  such  teachers  or  public  officers,  shall,  from  and 
after  the  filing  of  the  said  notice  with  him  or  it,  cease  to  note  on  the 
salary  warrant  of  such  teacher  or  public  officer  any  amount  to  be  de- 
ducted therefrom  by  the  treasurer  on  account  of  said  fund. 

§  7.     This  act  shall  take  effect  immediately. 

ACT  3572. 

An  act  to  provide  for  the  disposal  of  moneys  remaining  in  the  building 
fund  of  any  school  district,  after  all  bonds  and  indebtedness  shall 
have  been  paid  and  liquidated,  arising  from  the  construction  of 
school  buildings. 

[Approved  March  13,  1883.     Stats.  1883,  p.  298.] 

§  1.  All  moneys  that  have  been  or  shall  be  raised  by  special  tax,  for 
the  purpose  of  erecting  school  buildings,  that  shall  remain  in  the  hands 
of  the  county  treasurer,  after  all  bonds  that  have  been  or  may  be  issued  on 
account  of  such  buildings  shall  have  been  redeemed,  and  all  other  indebted- 
ness arising  on  account  of  such  building  shall  have  been  liquidated,  shall 
be  placed  in  the  county  school  fund  of  the  school  district  for  which  such 
moneys  were  raised,  subject  to  the  order  of  the  trustees  of  said  district 

ACT  3573. 

To   enforce    the   educational   rights  of   children.     [Approved   March   28, 
1874.     Stats.  1873-74,  p.  751.] 
This  act  was  repealed  by   §  13  of  the  following  act: 

ACT  3574. 

An  act  to  enforce  the  educational  rights  of  children  and  providing  penal- 
ties for  violation  of  the  act. 
[Approved  March  24,  1903.     Stats.  1903,  p.  388.] 
Amended  1905,   p.   388;   1907,   p.   95. 
Citations.      Cal.  149/403.      App.  2/735. 
See  In  re   Spencer,   149   Cal.   396. 

§  1.  Unless  excused  as  hereinafter  provided,  each  parent,  guardian  or 
other  person,  in  the  state  of  California,  having  control  or  charge  of  any 
child  between  .the  ages  of  eight  and  fourteen  years,  shall  be  required 
to  send  such  child  to  a  public  school,  during  the  time  in  which  a  public 
school  shall  be  in  session,  in  the  city  or  city  and  county  or  school  dis- 
trict in  which  said  child  resides;  provided,  that  should  it  be  shown  to 
the  satisfaction  of  the  board  of  education  of  the  city  or  city  and  county, 
or  of  the  board  of  trustees  of  the  school  district  in  which  such  chil(i 
resides,  that  the  child's  bodily  or  mental  condition  is  such  as  to  prevent 
or  render  inadvisable  attendance  at  school,  or  application  to  study,  a 
certificate  from  any  reputable  physician  that  the  child  is  not  able  to 
attend  school,  ox  that  its  attendance  is  inadvisable,  must  be  taken  as 
satisfactory  evidence  by   any   such   board,   or   that  such  child  is  being 


Act  3574,  §§  2,  3  GENERAL  LAWS.  1190 

taught  in  a  private  school,  or  by  a  private  tutor,  or  at  home  by  any  per- 
son capable  of  teaching,  in  such  branches  as  are  usually  taught  in  the 
primary  and  grammar  schools  of  this  state;  or  that  any  such  child  be- 
tween the  age  of  twelve  and  fourteen  years  has  been  given  a  permit 
to  work  by  the  proper  judicial  officer  in  accordance  with  section  2  of 
"An  act  regulating  the  employment  and  hours  of  labor  of  children,  pro- 
hibiting the  employment  of  minors  under  certain  ages,  prohibiting  the 
employment  of  certain  illiterate  minors,  providing  for  the  enforcement 
hereof  by  the  commissioner  of  the  bureau  of  labor  statistics  and  provid- 
ing penalties  for  the  violation  hereof,"  approved  February  20,  1905;  or 
that  no  public  school  is  located  within  two  miles,  by  the  nearest  traveled 
road,  of  the  residence  of  the  child;  or  that  the  child  has  completed  the 
prescribed  grammar  school  course;  then  it  shall  be  the  duty  of  such 
board  of  education  or  board  of  trustees,  upon  application  of  the  parent, 
or  guardian  or  other  person  having  control  or  charge  of  any  such  child 
to  excuse  such  child  from  attendance  at  school,  during  the  continuance 
of  such  defect  or  condition  upon  which  such  excuse  is  granted;  and 
provided  further,  that  circumstances  rendering  attendance  impracticable 
or  dangerous  to  health,  owing  to  unusual  storm  or  other  sufficient  cause, 
shall  work  an  exemption  from  the  penalties  of  this  act.  If  any  parent 
or  guardian  or  other  person  having  control  or  charge  of  any  such  child 
presents  proof  to  such  board  of  education  or  board  of  trustees,  by  affi- 
davit, that  he  is  unable  to  compel  such  child  to  attend  school,  said 
parent,  guardian,  or  other  person  shall  be  exempt  from  the  penalties  of 
this  act  as  regards  the  subsequent  nonattendance  at  school  of  such 
child,  and  said  child  may,  in  the  discretion  of  such  board,  be  deemed  a 
truant  and  subject  to  assignment  to  the  parental  school.  [Amendment 
approved  March  20,  1905.     Stats.  1905,  p.  388.] 

§  2.  Any  parent,  guardian,  or  other  person  having  control  or  charge 
of  any  such  child,  who  shall  fail  to  comply  with  the  provisions  of  this 
act,  shall,  unless  excused  or  exempted  therefrom  as  hereinbefore  pro- 
vided, bo  deemed  guilty  of  a  misdemeanor,  and  upon  conviction,  shall 
be  liable  for  the  first  offense,  to  a  fine  of  not  more  than  ten  dollars  or 
to  imprisonment  for  not  more  than  five  days,  and  for  each  subsequent 
offense  he  shall  be  liable  to  a  fine  of  not  less  than  ten  nor  more  than 
fifty  dollars,  or  to  imprisonment  for  not  less  than  five  days  nor  more 
than  twenty-five  days,  or  to  both  such  fine  and  imprisonment. 

§3.  The  board  of  education  of  any  city  or  city  and  county,  or  the 
board  of  trustees  of  any  school  district,  shall,  on  the  complaint  of  any 
person,  make  full  and  impartial  investigation  of  all  charges  against 
parents  or  guardians  or  other  persons  having  control  or  charge  of  any 
such  child,  for  violation  of  any  of  the  provisions  of  this  act.  If  it 
shall  appear  upon  such  investigation  that  any  such  parent  or  guardian 
or  other  person  has  violated  any  of  the  provisions  of  this  act,  it  is 
hereby  made  the  duty  of  the  secretary  of  such  board  of  education,  ex- 
cept as  hereinafter  provided,  or  the  clerk  of  such  board  of  trustees,  to 
make   and   file   in   the   proper    court    a   criminal    complaint   against    such 


1191  SCHOOLS,  Act  3574,  §§  4.  5 

parent,  giinrclian  or  other  person,  charging  such  violation,  and  to  see 
that  such  charge  is  prosecuted  by  the  proper  authorities;  provided,  that 
in  cities,  and  in  cities  and  counties,  and  in  school  districts  having  an 
attendance  officer  or  officers,  such  officer  or  officers  shall,  under  the 
direction  of  the  board  of  education,  or  the  city  superintendent  of  schools, 
or  the  board  of  trustees,  make  and  file  such  complaint,  and  see  that  such 
charge  is  prosecuted  by  the  proper  authorities.  [Amendment  approved 
March  4,  1907.     Stats.  1907,  p.  95.     In  effect  immediately.] 

§4.  The  board  of  education  of  any  city,  or  city  and  county,  may 
appoint  and  remove  at  pleasure  one  or  more  attendance  officers  of  such 
city,  or  city  and  county,  or  the  board  of  trustees  of  any  school  district 
having  at  least  six  hundred  census  children,  may  appoint  and  remove  at 
pleasure  one  attendance  officer,  and  shall  fix  his  or  their  compensation, 
not  exceeding  one  thousand  dollars  per  annum  for  any  such  officer,  pay- 
able from  the  county  or  special  school  fund  of  such  city,  city  and 
county,  or  school  district,  and  shall  prescribe  their  duties,  not  incon* 
sistent  with  law,  and  make  rules  and  regulations  for  the  performance 
thereof;  provided,  that  in  any  city,  or  city  and  county,  containing  less 
than  twenty  thousand  school  census  children,  not  more  than  one  attend- 
ance officer  shall  be  appointed,  and  in  any  city,  or  city  and  county,  con- 
taining more  than  twenty  thousand  school  census  children,  not  more 
than  one  attendance  officer  shall  be  appointed  for  each  twenty  thou- 
sand school  census  children,  or  fraction  greater  than  one  half  thereof.] 
[Amendment  approved  March  4,  1907.  Stats.  1907,  p.  96.  In  effect  im- 
mediately.] 

§  5.  It  shall  be  the  duty  of  the  attendance  officer,  or  of  any  peace 
officer  or  any  school  officer,  to  arrest  during  school  hours,  without  war- 
rant, any  child  between  eight  and  fourteen  years  of  age,  found  away 
from  his  home,  and  who  has  been  reported  to  him  by  the  teacher,  the 
superintendent  of  schools,  or  other  person  connected  with  the  school  de- 
partment or  schools  as  a  truant  from  instruction  upon  which  he  is  law- 
fully required  to  attend  within  the  county,  city,  or  city  and  county,  or 
school  district.  Such  arresting  officer  shall  forthwith  deliver  the  child 
so  arrested  either  to  the  parent,  guardian  or  other  person  having  control 
or  charge  of  such  child,  or  to  the  teacher  from  whom  said  child  is  then 
a  truant,  or  if  such  child  shall  have  been  declared  an  habitual  truant, 
he  shall  bring  such  child  before  a  magistrate  for  commitment  by  him 
to  a  parental  school,  as  provided  in  this  act.  The  attendance  officer  or 
other  arresting  officer  shall  report  promptly  such  arrest,  and  the  disposi- 
tion made  by  him  of  such  child  to  the  school  authorities  of  such  city,  or 
city  and  county,  or  school  district.  Any  child  may  be  reported  as  a 
truant  in  the  meaning  of  this  act,  who  shall  have  been  absent  from 
eehool  without  valid  excuse  more  than  three  days  or  tardy  on  more  than 
three  days,  any  absence  for  part  of  a  day  being  regarded  as  a  tardiness. 
Any  child  who  has  once  been  reported  as  a  truant  and  who  is  again 
absent  from  school,  without  valid  excuse,  one  or  more  days,  or  tardy  on 
one  or  mo^e  days,  may  again  be  reported  as  a  truant.     Any  child  may 


Act  3574,  5  6  GENERAL  LAWS.  1193 

be  deemed  an  habitual  truant  who  shall  have  been  reported  as  a  truant 
three  or  more  times.  Any  child  who  has  once  been  declared  an  habitual 
truant  and  who,  in  a  succeeding  year,  is  reported  as  a  truant  from 
school  one  of  more  days  or  tardy  on  one  or  more  days  without  valid  ex- 
cuse, may  be  again  declared  an  habitual  truant.  [Amendment  approved 
March  4,  1907.     Stats.  1907,  p.  96.     In  effect  immediately.] 

§  6.  The  board  of  education  of  any  city,  or  of  any  city  and  county, 
or  the  board  of  trustees  of  any  school  district  having  at  least  six  hun- 
dred census  children,  may  establish  schools  in  a  manner  hereinafter  pre- 
scribed, or  set  apart  in  public  school  buildings  for  children  between  eight 
and  fourteen  years  of  age  who  are  habitual  truants  from  instruction 
upon  which  they  are  lawfully  required  to  attend,  or  who  are  insub- 
ordinate or  disorderly  during  their  attendance  upon  such  instruction,  or 
irregular  in  such  attendance.  Such  school  or  room  shall  be  known  as  a 
parental  school.  A  parental  school,  as  herein  designated  and  provided 
for,  shall  be  one  of  the  primary  or  grammar  schools  of  the  city,  or  city 
and  county,  or  school  district,  and  the  teachers  therein  shall  have  the 
same  qualifications  and  be  employed  and  paid  in  the  same  manner  as  in 
other  primary  and  grammar  schools;  but  such  parental  school  shall  be 
established  and  maintained  specially  for  the  instruction  therein  of  such 
pupils,  between  the  ages  of  eight  and  fourteen  years,  as  shall  be  com- 
mitted thereto  as  provided  in  this  act,  and  no  pupil  shall  be  committed 
to,  or  required  to  attend,  such  school,  except  as  in  this  act  provided. 
Said  board  of  education  or  board  of  trustees  may  make  such  special 
rules  and  regulations  for  the  government  of  a  parental  school  as  shall 
be  consistent  with  the  provisions  and  purposes  of  this  act,  and  not 
contrary  to  law.  Such  board  may  provide  for  the  detention,  mainten- 
ance and  instruction  of  such  children  in  such  schools;  and  the  county 
superintendent  of  schools,  or  such  board,  or  the  city  superintendent  of 
schools  in  any  city,  or  city  and  county,  or  board  of  trustees,  may,  after 
reasonable  notice  to  any  such  child,  and  an  opportunity  for  the  child 
to  be  heard,  and  with  the  consent  of  the  parent,  guardian  or  other  per- 
son having  control  or  charge  of  such  child,  order  such  child  to  attend 
such  school,  or  to  be  detained  and  maintained  therein  for  such  period 
and  under  such  rules  and  regulations  as  such  board  may  prescribe,  not 
exceeding  the  remainder  of  the  school  year.  If  such  parent,  guardian,  or 
person  having  control  or  charge  of  such  child  shall  not  consent  to  such 
order,  such  child  may  be  proceeded  against  under  this  act.  If  any  child 
in  any  city,  or  city  and  county  or  school  district  in  which  a  parental 
school  may  be  established,  shall  be  an  habitual  truant,  or  be  irregular 
in  attendance  at  school,  within  the  meaning  of  these  terms,  as  defined  in 
this  act,  or  shall  be  insubordinate  or  disorderly  during  attendance  at 
school,  it  shall  be  the  duty  of  the  attendance  ofiicer,  or  of  the  secretary 
of  the  board  of  education  or  clerk  of  the  board  of  trustees  if  there  be 
no  attendance  officer,  to  make  and  file  a  complaint  against  such  child,  in 
the  proper  comt,  charging  the  fact,  and  to  see  that  such  charge  is 
prosecuted  by  the  proper  authority;  and  if  the  court,  upon  the  hearing 
of  such  complaint,  shall  find  that  such  charge  is  sustained,  the  court  shall 


1193  SCHOOLS.  Act  3574,  S  6 

render  judgment  that  such  child  be  committed  to,  and  be  detained  and 
maintained  in,  a  parental  school  in  such  city,  or  city  and  county  or 
school  district  for  a  term  not  to  exceed  the  remainder  of  the  current 
school  year;  provided  that,  if  any  child  in  any  district  of  a  county  where 
there  is  not  a  parental  school  shall  be  an  habitual  truant,  or  be  irregular 
in  attendance  at  school,  within  the  meaning  of  those  terms  as  defined 
in  this  act,  or  shall  be  insubordinate  or  disorderly  during  attendance  at 
school,  it  shall  be  the  duty  of  the  county  superintendent  of  schools  to 
make  and  file  a  complaint  against  such  child,  in  the  superior  court  of 
such  county,  charging  the  facts;  and  if  the  court,  upon  the  hearing  of 
said  complaint,  shall  find  that  such  charge  is  sustained  by  the  evidence, 
the  court  shall  render  judgment  that  such  child  shall  be  detained  and 
maintained  in  a  parental  school,  if  there  be  one  in  such  county,  during 
the  remainder  of  the  school  terra,  and  if  there  be  no  parental  school  in 
such  county,  the  court  shall  render  judgment  that  the  parent,  guardian 
or  person  having  the  control  or  charge  of  such  child  shall  deliver  such 
child  at  the  beginning  of  each  school  day  for  the  remainder  of  the  school 
term,  at  the  school  from  which  such  child  is  then  a  truant;  provided, 
that  if  the  parent,  guardian,  or  other  person  having  control  or  charge 
of  such  child  shall,  -nathin  three  days  after  the  rendition  of  such  judg- 
ment, execute  a  good  and  sufficient  bond  to  the  board  of  education  of 
the  city,  or  city  and  county,  or  board  of  trustees  of  the  district,  with 
sufficient  sureties,  in  the  sum  of  two  hundred  dollars,  conditioned  that 
such  child  will,  during  the  remainder  of  such  current  school  year,  reg- 
ularly attend  some  public  or  private  school  in  such  city,  or  city  and 
county,  or  school  district  and  not  be  insubordinate  or  disorderly  during 
such  attendance,  such  bond  to  be  approved  by  the  judge  of  said  court, 
and  be  filed  with  the  secretary  of  the  board  of  adueation  or  clerk  of 
the  board  of  trustees,  then  such  court  shall  make  an  order  suspending  the 
execution  of  such  judgment  so  long  as  the  condition  of  such  bond  shall 
be  complied  with.  If  the  condition  of  such  bond  be  violated,  such  court, 
upon  receiving  satisfactory  evidence  of  the  fact  in  any  action  brought 
therefor  shall  make  an  order  declaring  such  bond  forfeited  and  directing 
such  judgment  to  be  thenceforth  enforced.  Such  board  of  education 
or  board  of  trustees  may,  at  any  time,  within  one  year  after  any  such 
bond  shall  be  declared  forfeited,  have  execution  issued  against  any  or 
all  of  the  parties  to  such  bond,  to  collect  the  amount  thereof;  and  all 
moneys  paid  or  collected  on  such  bond  shall  be  paid  over  to  the 
parental  school  fund  of  such  city,  or  city  and  county,  or  school  district. 
No  fees  shall  be  charged  or  received  by  any  court  or  officer  in  any  pro- 
ceeding under  this  section.  The  confinement  of  any  child  in  a  parental 
school  shall  be  conducted  with  a  view  to  the  improvement  of  the  child 
and  to  its  restoration,  as  soon  as  practicable,  to  the  school  which  he 
would,  if  not  so  confined,  be  required  to  attend.  The  city  superintendent 
of  schools,  or,  if  there  be  no  city  superintendent,  the  board  of  education 
of  any  city,  or  city  and  county,  or  county  superintendent  of  schools, 
shall  have  authority,  in  their  discretion,  to  parole  at  any  time  any  child 
committed  to,  or  ordered  to  attend,  a  parental  school,  except  when  such 
commitment  shall  be  by  judgment  or  order  of  a  court;  and  when  such 


Act  3574,  §  7  GENERAL  LAWS.  1194 

commitment  of  any  child  shall  be  by  judgment  or  order  of  a  court, 
such  court  may,  on  the  recommendation  of  the  city  superintendent  of 
schools,  of  the  board  of  education  or  county  superintendent  of  schools, 
make  an  order  paroling  such  child,  upon  such  terms  and  conditions  as 
shall  be  specified  in  the  order.  The  expense  incurred  by  any  city,  or 
city  and  county,  or  school  district  in  purchasing  or  renting  a  school 
site,  erecting  or  renting  a  building  and  equipping  the  same,  for  the 
maintenance  of  a  parental  school,  shall  be  paid  out  of  funds  other  than 
those  collected  for  the  maintenance  of  schools.  The  salaries  of  teachers 
and  the  expense  for  all  school  supplies  in  a  parental  school  shall  be 
paid  out  of  the  same  funds  from  which  similar  salaries  and  expense  are 
paid  for  primary  and  grammar  schools,  but  all  other  expense  incurred  in 
the  maintenance  of  such  parental  schools  shall  be  paid  out  of  the 
parental  school  fund.  [Amendment  approved  March  4,  1907.  Stats.  1907, 
p.  97.     In  effect  immediately.] 

§7.  Whenever  any  board  of  education  shall  determine  that  it  is 
necessary  or  expedient  for  the  city  or  city  and  county  to  establish  and 
maintain  a  parental  school,  said  board  shall  furnish  to  the  city  council, 
or  other  governing  body  of  such  city  or  city  and  county,  all  necessary 
and  required  information  and  statistics,  and  if,  after  consideration, 
such  city  council  or  other  governing  body  grants  its  consent  for  the 
establishment  of  such  parental  school,  then  the  board  of  education  shall 
furnish  to  the  authorities  whose  duty  it  is  to  levy  taxes  in  such  city,  or 
city  and  county,  thirty  days  before  the  time  specified  by  law  for  fixing 
the  annual  tax  rate,  an  estimate  of  the  cost  of  purchasing  or  renting  a 
suitable  site,  and  also  an  estimate  of  the  cost  of  renting  or  erecting  a 
suitable  building  and  equipping  the  same  for  occupancy  as  a  parental 
school,  and  the  cost  to  the  city  or  city  and  county,  other  than  for 
salaries  of  teachers  and  for  school  supplies,  of  conducting  the  school  for 
the  remainder  of  the  current  school  year.  When,  pursuant  to  such  con- 
sent by  such  governing  body,  such  estimates  shall  have  been  so  made 
and  furnished  by  the  board  of  education  of  any  city,  or  city  and  county, 
it  is  hereby  made  the  duty  of  the  authorities  whose  duty  it  shall  be 
to  levy  in  such  city,  or  city  and  county,  at  the  time  of  levying  taxes, 
to  levy  a  special  tax  upon  all  taxable  property  of  said  city,  or  city  and 
county,  sufficient  in  its  judgment  to  provide  the  facilities  requested  by 
the  board  of  education,  and  for  which  such  estimates  shall  have  been 
so  furnished.  It  shall  be  the  duty  of  the  board  of  education,  yearly, 
thereafter,  to  jsresent  to  the  authorities  of  the  city,  or  city  and  county, 
whose  duty  it  is  to  levy  taxes,  on  or  before  the  first  Monday  in  July,  an 
estimate  of  the  moneys  required  for  conducting  the  parental  school  for 
the  school  year,  other  than  for  the  salaries  of  teachers  and  for  school 
supplies.  When  such  estimate  shall  have  been  so  presented,  it  shall  be 
the  duty  of  the  said  authorities  to  levy  a  special  tax  upon  the  taxable 
property  of  said  city,  or  city  and  county,  sufficient  to  maintain  such 
school  for  the  year,  exclusive  of  salaries  of  teachers  and  expense  of 
school  supplies.  All  taxes  in  this  act  provided  for  shall  be  computed, 
entered  upon  the   tax  roll  and  collected,  in   the  same   manner   as   other 


1195  SCHOOLS.  Act  3574,  §§  TV^,  8 

taxes  are  computed,  entered  and  collected,  and  when  collected  shall  be 
placed  in  a  separate  fund,  to  be  known  as  the  "Parental  School  Fund," 
and  shall  be  paid  out  on  the  order  of  the  board  of  education  for  the 
purposes  set  forth  in  this  act;  provided,  that  all  moneys  so  collected  for 
the  purchase  of  sites  or  buildings,  or  the  erection  or  equipment  of 
buildings  for  parental  school  purposes,  shall  be  placed  in  a  separate  fund, 
to  be  known  as  the  "Parental  School  Building  Fund,"  and  shall  be 
used  solely  for  the  purpose  or  purposes  for  which  collected,  except  that 
after  such  purpose  or  purposes  shall  have  been  fully  accomplished,  the 
residue  of  such  fund,  if  any,  may  be  transferred  to  said  parental  school 
fund. 

§  1V2-  The  board  of  trustees  of  any  school  district  wherein  a  parental 
school  may  be  established  under  the  provisions  of  this  act,  and  when- 
ever such  board  deems  it  proper,  may,  for  the  purpose  of  raising  money 
for  the  establishment  and  maintenance  of  a  parental  school  for  said 
district,  proceed  under  the  provisions  of  Article  XIX,  Chapter  III,  Title 
III,  of  Part  III,  of  the  Political  Code  of  this  state,  to  raise  moneys 
for  such  purpose,  and  the  moneys  so  raised  shall  be  paid  into  the  county 
treasury,  and  shall  constitute  a  "parental  school  fund,"  for  such  dis- 
trict. The  moneys  of  such  fund  shall  be  used  for  no  other  purpose  than 
herein  indicated.  Money  shall  be  drawn  from  said  fund  by  the  trustees 
of  the  district  in  the  same  manner  as  money  is  drawn  from  other  school 
funds.  [New  section  approved  March  4,  1907.  Stats.  1907,  p.  99.  In 
effect  immediately.] 

§  8.  Two  or  more  school  districts  or  cities  may  unite  in  the  following 
manner,  to  form  a  joint  district  for  the  maintenance  of  a  joint  parental 
school.  When  any  board  of  education  or  board  of  school  trustees  has 
secured,  in  the  manner  as  set  forth  in  section  7  of  this  act,  the  consent 
of  the  legislative  body  of  the  city  or  school  district,  in  which  said  board 
of  education  or  board  of  school  trustees  holds  office,  for  the  union  of  two 
or  more  districts  to  form  a  joint  parental  school  district,  said  board  of 
education  or  board  of  trustees  shall  transmit  such  information  to  the 
board  of  supervisors  of  the  county  of  which  said  city  or  school  district 
or  districts  forms  a  part,  setting  forth  at  the  same  time  the  cities  or 
districts  with  which  said  city  or  district  seeks  to  unite  for  the  main- 
tenance of  a  joint  parental  school.  When  such  information  has  been 
received  by  the  board  of  supervisors  from  all  the  cities  or  school  districts 
seeking  to  be  united,  it  is  hereby  made  the  duty  of  the  board  of  super- 
visors, by  resolution,  to  declare  such  cities  or  school  districts  united 
for  the  maintenance  of  a  joint  parental  school,  to  be  known  as  the  joint 
parental  school  district  of  (give  the  names  of  the  school  districts  unit- 
ing). When  the  districts  have  been  so  united,  the  boards  of  education 
or  boards  of  trustees  of  the  cities  or  school  districts  so  uniting  shall  ap- 
point a  board  of  trustees  for  the  joint  parental  school  district,  to  con- 
sist of  five  members  (unless  the  number  of  cities  or  school  districts 
uniting  exceeds  five),  who  shall  be  appointed  from  the  membership  of  the 
boards  of  the  several  districts  or  cities  uniting,  by  the  respective  boards 


Act  3574,  §  8  GENERAL  LAWS.  1196 

in  approximate  proportion  to  the  census  children  between  five  and 
seventeen  years  of  age,  in  the  districts  uniting;  provided  however,  that 
each  district  shall  be  represented  by  at  least  one  member  on  the  board 
of  trustees  of  the  joint  parental  school  district.  The  members  so  ap- 
pointed, to  serve  for  the  remainder  of  the  term  of  office  for  which  they 
were  elected  on  their  respective  boards  of  education  or  boards  of  trus- 
tees, and  when  vacancies  occur  on  said  board  of  trustees  of  joint  par- 
ental school  districts,  they  shall  be  filled  by  the  board  making  the_  orig- 
inal appointment.  The  superintendent  of  schools  of  each  of  the  cities  or 
school  districts  uniting,  shall  be  ex  officio  members  of  the  board  of  trus- 
tees of  the  joint  parental  school  district,  without  the  right  to  vote.  In 
the  management  of  a  parental  school  within  a  school  district,  city,  or 
city  and  county,  the  right  to  transport  pupils  to  and  from  school  at 
public  expense,  when,  in  the  judgment  of  the  board  of  education,  or 
board  of  school  trustees,  the  interest  of  the  pupil  demands  it,  is  hereby 
conferred  upon  such  boards.  All  the  powers  and  duties  by  any  section 
of  this  act  conferred  or  imposed  upon  the  boards  of  school  trustees  or 
boards  of  education  of  any  city,  or  city  and  county,  in  the  management 
of,  and  the  securing  of,  funds  for  a  parental  school  within  a  city  or 
school  district,  are  hereby  conferred  upon  and  imposed  upon  the  board 
of  trustees  of  any  joint  parental  school  district  in  the  management  of 
and  the  securing  of  funds  for  the  support  of  a  joint  parental  school; 
provided,  however,  that  in  estimating  the  expense  of  maintenance  of 
a  joint  parental  school  the  amount  of  money  needed  for  the  payment 
of  teachers'  salaries  and  for  the  furnishing  of  school  supplies,  shall  be 
included  in  the  estimate  of  expenses;  and  provided  further,  that  the 
estimates  shall  be  transmitted  to  the  board  of  supervisors  of  the  county 
of  which  the  joint  parental  school  district  forms  a  part.  When  such 
estimates  shall  have  been  so  transmitted,  it  is  hereby  made  the  duty  of 
the  board  of  supervisors  to  levy  a  special  tax  upon  the  taxable  property 
within  the  boundaries  of  the  joint  parental  school  district,  sufficient  to 
provide  the  facilities  requested  by  the  board  of  trustees  of  the  joint 
parental  school  district,  and  for  which  such  estimate  shall  have  been 
furnished,  and  yearly  thereafter  when  the  estimates  of  the  total  expense 
of  the  maintenance  of  the  joint  parental  school  and  increased  facilities 
shall  have  been  furnished  the  board  of  supervisors,  it  shall  be  the  duty 
of  said  board  to  levy  a  special  tax  sufficient  to  maintain  the  school  for  the 
year.  All  taxes  in  this  act  provided  shall  be  computed  and  entered  upon 
the  tax-roll  and  collected  in  the  manner  prescribed  for  the  collection  of 
taxes  in  section  7  of  this  act;  provided,  that  all  moneys  so  collected  shall 
be  collected  by  the  county  tax  collector  and  apportioned  to  the  credit  of 
the  joint  parental  school  district,  and  placed  in  the  fund  for  which  they 
were  specially  collected.  If  for  sites  or  buildings,  to  be  placed  in  a  fund 
known  as  the  joint  parental  school  building  fund,  to  be  used  exclusively 
for  the  purposes  for  which  they  were  collected,  the  same  as  set  forth  in 
section  7  ef  this  act.  The  board  of  trustees  of  joint  parental  school 
districts  shall  organize,  by  the  election  of  one  of  their  number  as  chair- 
man, and  by  the  election  of  a  secretary  who  shall  be  the  city  superin- 


1197  SCHOOLS.  Act  3574a 

tendent  of  setools,  or  the  secretary  of  a  board  of  education  or  the  clerk 
of  one  of  the  boards  of  education  or  boards  of  trustees  of  the  cities,  or 
school  districts  united,  and  such  secretary  shall  serve  without  additional 
salary.  All  moneys  in  a  joint  parental  school  fund  shall  be  paid  out  on 
the  order  of  the  board  of  trustees  of  the  joint  parental  school  district 
for  the  purposes  herein  set  forth,  and  in  the  same  manner  that  funds 
are  paid  from  the  ordinary  school  funds  of  a  school  district. 

§9.  All  fines  paid  as  penalites  for  the  violation  of  any  of  the  pro- 
visions of  this  act  shall,  when  collected  or  received,  be  paid  over  by  the 
justice  or  officer  receiving  the  same  to  the  treasurer  of  the  city,  or  city 
and  county  in  which  the  offense  was  committed,  to  be  placed  to  the 
credit  of  the  parental  school  fund  of  such  city,  or  city  and  county,  if 
there  be  such  a  fund,  otherwise  to  the  credit  of  the  general  school  fund 
of  such  cit}',  or  city  and  county,  or  to  the  county  treasurer,  to  be  placed 
to  the  credit  of  the  school  fund  of  the  school  district  in  which  the  offense- 
was  committed. 

§  10.  Any  parent  or  guardian  of  any  deaf,  dumb,  or  blind  child, 
legally  entitled  to  admission  to  said  institution,  shall  send  such  child 
to  said  institution  until  such  child  shall  have  been  therein  for  five  years, 
or  shall  have  reached  the  age  of  majority,  unless  such  child  shall  be  ex- 
cused from  such  attendance  by  the  board  of  education  or  board  of  trustees 
of  the  city,  city  and  county,  or  school  district  in  which  such  child  resides, 
for  the  reason  that  the  child's  bodily  or  mental  condition  is  such  as  to 
prevent  or  render  inadvisable  attendance  at  said  institution,  or  for  the 
reason  that  such  child  is  receiving  proper  instruction  at  home  or  in 
some  public  or  private  school.  Any  parent  or  guardian  failing  to 
comply  with  the  requirements  of  this  section  shall  be  guilty  of  a  misde- 
meanor, and  be  punishable  as  provided 'in  section  2  of  this  act. 

§  11.  Any  justice  of  the  peace,  or  recorder  of  the  city  or  city  and 
county  or  any  justice  of  the  peace  of  the  township  in  which  the  school 
district  is  located,  or  in  which  the  offense  is  committed,  shall  have 
jurisdiction  of  all  offenses  committed  under  the  provisions  of  this  act. 

§  12.  This  act  shall  take  effect  and  be  in  force  from  and  after  July 
first,  nineteen  hundred  and  three. 

§  13.  An  act  entitled  an  act  to  enforce  the  educational  rights  of 
children,  approved  March  twenty-eight,  eighteen  hundred  and  seventy- 
four,  and  all  acts  and  parts  of  acts  in  conflict  with  any  of  the  provisions 
of  this  act  are  hereby  repealed. 

ACT  3574a. 

An  act  to  aid  the  enforcement  of  an  act  entitled,  "An  act  to  enforce 
the  educational  rights  of  children  and  providing  penalties  for  viola- 
tion of  the  act,"  approved  March  24,  1903. 

[Approved  March  8,  1909.     Stats.  1909,  p.  209.] 


Acts  3575-3577  GENERAL  LAWS.  1193 

§1.  All  minors  coming  within  the  provisions  of  an  act  entitled,  "An 
act  regulating  the  employment  and  hours  of  labor  of  children,  prohibit- 
ing the  employment  of  minors  under  certain  ages,  prohibiting  the  em- 
ployment of  certain  illiterate  minors,  providing  for  the  enforcement 
hereof  by  the  commissioner  of  the  bureau  of  labor  and  statistics  and 
providing  penalties  for  the  violation  hereof,"  (approved  February  20, 
1905)  and  found  employed  and  at  work  without  the  necessary  legal 
authorization  as  provided  for  and  required  in  said  act,  and  whose  ages 
are  between  the  maximum  and  minimum  age  limits  as  described  in  an 
act  entitled,  "An  act  to  enforce  the  educational  rights  of  children  and 
providing  penalties  for  violation  of  the  act,"  shall  be  placed  or  delivered 
into  the  custody  of  the  school  district  authorities  of  the  county,  city,  or 
city  and  county  in  which  they  are  found  illegally  at  work. 

§2.  The  commissioner  of  the  bureau  of  labor  statistics  is  hereby 
authorized,  directed  and  empowered  to  enforce  the  provisions  of  this 
act. 

§  3.     This  act  shall  take  effect  immediately. 

ACT  3575. 

An  act  to  prevent  discrimination  against  female  teachers. 
[Approved  March  30,  1874.     Stats.  1873-74,  p.  938.] 

Female  teachers  to  receive  same  compensation  as  males. 

§  1.  Females  employed  as  teachers  in  the  public  schools  of  this  state 
shall  in  all  cases  receive  the  same  compensation  as  is  allowed  male 
teachers  for  like  services  when  holding  the  same  grade  certificates. 

§  2.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

ACT  3576. 

To  make  women  eligible  to  educational  offices.     [Stats.  1873-74,  p.  3.56.] 

Citations.      Cal.  71/121;  123/618,  619. 

This  act  appears  in  full  in  Appendix,  Political  Code,  p.  1842. 

ACT  3577. 

An  act  to  continue  in  force  school  teachers'  certificates,  state  educational 
diplomas,  and  life  diplomas. 

[Approved  February  5,  1880.     Stats.   1880,  p.  4   (Ban.  ed.,  4).] 

Amended   1909,  p.   290. 

§  1.  All  teachers'  life  diplomas,  university  documents,  normal  docu- 
ments, city,  city  and  county,  and  county  certificates  of  all  grades  granted 
previous  to  the  first  day  of  February,  A.  D.  1909,  shall  be  continued  in 
full  force  and  effect  for  the  full  time  for  which  they  were  granted,  and 
shall  be  deemed  valid  for  all  purposes  and  to  the  full  extent  of  time 
that  the  same  were  and  were  intended  respectively  to  be,  under  the  laws 


1199  SCHOOLS.  Acts  3578-3581 

in  force  at  the  time  they  were  issued.      [Amendment  approved  March  11, 
1909.     Stats.  1909,  p.  290.     In  effect  immediately.] 

§  2.     This  act  shall  take  effect  from  and  after  its  passage. 

ACT  3578. 

An  act  to  continue  in  operation  the  public  schools  of  this  state. 
[Approved   March   6,   1880.     Stats.   1880,   p.   7.    (Ban.    ed.,   14).] 

Issuance  of  temporary  certificate. 

§  1.  The  county  superintendent  of  schools  of  each  and  every  county 
in  this  state  is  hereby  empowered  to  issue  a  temporary  certificate  to 
any  teacher  whose  certificate  has  expired,  or  shall  expire  between  the 
first  day  of  January,  eighteen  hundred  and  eighty,  and  the  first  day  of 
June,  eighteen  hundred  and  eighty.  The  certificate  so  granted  shall  be 
of  the  same  grade  as  the  one  in  place  of  which  it  is  issued,  and  shall  be 
valid  only  until  the  first  meeting  of  the  board  which  shall  be  competent" 
to  issue  teachers'  certificates. 

§  2.     This  act  shall  take  effect  immediately. 

ACT  3579. 

To    protect   the    school    districts   of   this    state    from   injury    during   the 
year  eighteen   hundred   and   eightv,  by  the  operation   of  section   12 
of    Article    XIII    of    the    constitution.     [Approved    April    15,    1880. 
Stats.  1880,  p.  75  (Ban.  ed.,  261).] 
This  act  declared  that  school  districts  should  not  forfeit  their  school 
funds  prior  to  June  30,  1880,  by  reason  of  any  change  in   the  mode  of 
payment  of  the  funds,   and  provided  for  the  payment   of  teachers'  sal- 
aries until  June  30,  1880. 

ACT  3580. 

An  act  to  provide  for  the  change  of  name  of  high  school  districts  and 
union  high  school  districts  and  the  manner  of  making  such  change. 
[Approved  March  23,  1907.     Stats.  1907,  p.  950.] 

ACT  3581. 

An  act  to  prevent  the  formation   and  prohibit   the   existence  of  secret, 

oath-bound  fraternities   in   the  public   schools. 

[Approved   March   13,   1909.     Stats.   1909,   p.   332.] 

§  1.  From  and  after  the  passage  of  this  act,  it  shall  be  unlawful  for 
any  pupil,  enrolled  as  such  in  any  elementary  or  secondary  school  of  this 
state,  to  join  or  become  a  member  of  any  secret  fraternity,  sorority  or 
club,  wholly  or  partly  formed  from  the  membership  of  pupils  attending 
such  public  schools,  or  to  take  part  in  the  organization  or  formation 
of  any  such  fraternity,  sorority  or  secret  club;  provided,  that  nothing 
in  this  section  shall  be  construed  to  prevent  any  one  subject  to  the 
provisions  of  the  section  from  joining  the  order  of  the  Native  Sons  of 


Act  3582  GENERAL  LAWS.  1200 

the  Golden  West,  Native  Daughters  of  the  Golden  West,  Foresters  of 
America  or  other  kindred  organizations  not  directly  associated  with 
the  public  schools  of  the  state, 

§  2,  Boards  of  school  trustees,  and  boards  of  education  shall  have  full 
power  and  authority  to  enforce  the  provisions  of  this  act  and  to  make 
and  enforce  all  rules  and  regulations  needful  for  the  government  and 
discipline  of  the  schools  under  their  charge.  They  are  hereby  required 
to  enforce  the  provisions  of  this  act  by  suspending,  or,  if  necessary, 
expelling  a  pupil  in  any  elementary  or  secondary  school  who  refuses  or 
neglects  to  obey  any  or  all  such  rules  or  regulations. 

ACT  3582. 

An  act  to  regulate  the'  issue  of  bonds  of  school  districts  in  cities  of  the 

fifth  class,  and  school  districts  partly  within  and  partly  without  such 

cities  of  the  fifth  class. 

[Approved  March  20,  1909.     Stats.  1909,  p.  528.] 

School  bonds,  in  cities  of  fifth  class. 

§  1.  The  board  of  education  of  any  school  district  in  a  city  of  the 
fifth  class,  or  of  any  school  district  which  embraces  territory,  a  portion 
of  which  is  within  and  a  portion  of  which  is  without  such  city  of  the 
fifth  class,  may,  when  in  their  judgment  it  is  advisable,  and  must  when 
requested  by  the  board  of  trustees  of  such  city,  call  an  election  and 
submit  to  the  electors  of  the  district  whether  the  bonds  of  such  district 
shall  be  issued  and  sold  for  the  purpose  of  raising  money  to  purchase 
school  lots,  and  for  building  or  purchasing  or  repairing  one  or  more 
schoolhouses,  and  supplying  the  same  with  furniture,  necessary  apparatus, 
and  improving  the  grounds,  and  for  liquidating  any  indebtedness  already 
incurred  for  such  purposes. 

Election,  how  called. 

§  2.  Such  election  must  be  called  by  posting  notices,  signed  by  the 
board  of  education,  in  three  of  the  most  public  places  in  the  district, 
for  not  less  than  twenty  days  before  the  election,  and  by  publishing 
such  notices  in  some  newspaper  published  in  such  city,  not  less  than 
once  a  week  for  three  successive  weeks. 

Notice  to  contain,  what. 

§3.     Such  notices  must  contain: 

1.  The  time  and  place  of  holding  such  election. 

2.  The  names  of  one  inspector  and  two  judges  in  each  voting  precinct 
in  said  district,  to  conduct  the  same. 

3.  The  hours  during  the  day,  not  less  than  six  hours,  in  which  the 
polls  will  be  open. 

The  amount  and  denomination  of  the  bonds,  the  rate  of  interest,  and 
the  number  of  years,  not  exceeding  forty,  the  whole  or  any  part  of 
said  bonds  are  to  run. 


1201  SCHOOLS.  Act  3582,  §§  4-8 

General  election  law  to  govern. 

§  4.  Such  election  shall  be  held,  in  all  respects  as  nearly  as  prac- 
ticable, in  conformity  with  the  general  election  law;  provided,  that  no 
particular  form  of  ballot  shall  be  required,  excepting  that  the  words  to 
appear  on  the  ballots,  which  shall  be  "Bonds — ^Yes,"  or  "Bonds — No"; 
nor  shall  any  informalities,  not  amounting  to  fraud  in  conducting  such 
election,  invalidate  the  same. 

Canvass  of  returns. 

§  5.  On  the  seventh  day  after  said  election,  at  1  o'clock  P.  M.,  the 
returns  having  been  made  to  the  board  of  education,  the  board  must  meet 
and  canvass  said  returns,  and  if  it  appears  that  two-thirds  of  the  votes 
cast  at  said  election  were  in  favor  of  issuing  such  bonds,  then  the  board 
shall  cause  an  entry  of  that  fact  to  be  made  upon  its  minutes,  and  shall 
certify  to  the  board  of  supervisors  of  the  county  in  which  said  dis- 
trict is  located,  the  proceedings  had  in  the  premises;  and  thereupon 
said  board  of  supervisors  shall  be  and  they  are  hereby  authorized  and 
directed  to  issue  the  bonds  of  such  district  to  the  number  and  amount 
provided  in  such  proceedings,  payable  out  of  the  bond  fund  of  such 
district  (naming  the  same),  and  that  the  money  shall  be  raised  by  tax- 
atiop  upon  the  taxable  property  in  said  district  for  the  redemption  of 
said  bonds,  and  the  payment  of  the  interest  thereon;  provided,  that  the 
total  amount  of  bonds  so  issued  shall  not  exceed  five  per  cent  of  the 
taxable  property  of  the  district,  as  shown  by  the  last  equalized  assess- 
ment of  the  property  in  such  school  district. 

Form  of  bonds. 

§  6.  The  board  of  supervisors,  by  an  order  entered  upon  its  minutes, 
shall  prescribe  the  form  of  said  bonds,  and  of  the  interest  coupons  at- 
tached thereto,  and  must  fix  the  time  when  the  whole  or  any  part  of  the 
principal  of  said  bonds  shall  be  payable,  which  shall  not  be  more  than 
forty  years  from  the  date  thereof. 

How  sold;  interest  rate. 

§7.  Said  bonds  must  be  payable  in  gold  coin  of  the  United  States, 
must  be  signed  by  the  president  of  the  board  of  supervisors,  and  coun- 
tersigned by  the  clerk  of  the  county,  who  must  afiix  the  county  seal 
thereto;  must  not  bear  a  greater  rate  of  interest  than  eight  per  cent, 
said  interest  to  be  payable  semi-annually  in  like  gold  coin;  and  said 
bonds  must  be  sold  in  the  manner  prescribed  by  the  board  of  super- 
visors, but  for  not  less  than  par,  in  gold  coin  of  the  United  States,  and 
the  proceeds  of  the  sale  thereof  must  be  deposited  in  the  county  treas- 
ury to  the  credit  of  the  building  fund  of  said  school  district,  and  be 
drawn  out  for  the  purpose  aforesaid,  as  other  school  moneys  are  drawn 
out. 

Tax  levy. 

§  8.     The   county  board  of  supervisors  shall  annually,   at  the  time   of 

levying  taxes  for  county  purposes,  levy  a  tax  upon  the  taxable  property 

within  such  district,  sufficient  to  pay  the  annual  interest  on  such  bonds 

and  to  pay  the  principal  in  equal  annual  installments;   but   the   order 

Gen.  Laws — 76 


Acts  3583-3585  GENERAL  LAWS.  1202 

directing  the  issue  of  bonds  may  prescribe  that  the  payment  of  the 
principal  may  be  deferred  for  not  more  than  five  years.  All  moneys  so 
collected  shall  be  paid  into  the  county  treasury  and  used  for  the  pay- 
ment of  interest  and  principal  of  such  bonds,  and  for  no  other  purpose. 
The  county  auditor  shall  issue  his  warrant  for  the  payment  of  interest 
and  installments,  and  cancel  all  coupons  and  bonds  redeemed  and  file 
them  with  the  county  treasurer.  The  provisions  of  this  section  shall,  so 
far  as  applicable,  govern  any  bonds  that  may  have  been  heretofore  issued 
by  such  school  districts. 

Guarantee  to  bond-holder. 

§  9.  If  payment  of  any  coupon  or  bond  lawfully  issued  by  any  such 
school  district  should,  after  presentation  and  demand  of  payment  at 
the  office  of  the  county  treasurer,  be  refused,  the  owner  may  file  such 
bond,  together  with  all  unpaid  interest  coupons,  with  the  state  con- 
troller, taking  his  receipt  therefor,  and  the  same  shall  be  registered  in 
the  state  controller's  ofiice;  and  the  state  board  of  equalization  shall,  at 
their  next  session,  and  at  each  annual  equalization  thereafter,  add  to 
the  state  tax  to  [be]  levied  in  said  district  a  sufficient  rate  to  raise  the 
amount  of  principal  and  interest  past  due  prior  to  the  next  levy,  and  the 
same  shall  be  levied  and  collected  as  a  part  of  the  state  tax,  and  paid 
into  the  state  treasury,  and  passed  to  the  special  credit  of  such  district 
bond  tax,  and  shall  be  paid  by  warrants,  as  the  payments  mature,  to  the 
holder  [of]  such  registered  obligations,  as  shown  by  the  register  in  the  office 
of  the  state  controller,  until  the  same  shall  be  fully  satisfied  and  dis- 
charged; any  balance  then  remaining  shall  be  transmitted  to  the  treas- 
urer of  the  county  in  which  is  situated  the  district  by  which  such  bonds 
were  issued,  and  shall  be  placed  by  the  county  treasurer  to  the  credit  of 
the  general  school  fund  of  said  district. 

ACT  3583. 

An  act  validating  bonds  heretofore  voted  and  issued  by  joint  union  high 
school  districts.     [Approved  March  13,  1909.     Stats.  1909,  p.  352.] 

ACT  3584. 

An  act  to  validate  all  bonds  heretofore  issued,  or  ordered  to  be  issued 
by  or  on  behalf  of  any  school  district,  high  school  district,  union 
high  school  district,  or  joint  union  high  school  district,  where  au- 
thority for  such  issuance  has  already  been  given  by  a  vote  of  more 
than  two-thirds  of  the  electors  of  such  district.  [Approved  March 
13,  1909.     Stats.   1909,  p.  356.] 

ACT  3585. 

An  act  to  provide  for  health  and  development  supervision  in  the  public 

schools  of  the  state  of  California. 

[Approved  April  15,  1909.     Stats.   1909,  p.  908.] 

Health  supervision  of  schools. 

§  1.  Boards  of  school  trustees  and  city  boards  of  education  are  hereby 
authorized  to  establish  health  and  development  supervision  in  the  public 


1203  SCHOOLS.  Act  3586 

Bcliools  of  this  state,  and  to  employ  an  examining  staff  and  other  em- 
ployees necessary  to  carry  on  said  work  and  to  fix  the  compensation 
for  the  same.  Whenever  practicable  the  examininsr  staff  for  health  and 
development  supervision  in  the  public  schools  of  the  state  shall  consist 
of.  both  educators  and  physicians. 

Purposes  of  supervision. 

§2.  The  purposes  of  health  and  development  supervision  in  the  public 
schools  of  the  state  are  hereby  defined  as  follows: 

1.  To  secure  the  correction  of  developmental  and  acquired  defects  of 
both  pupils  and  teachers  which  interfere  with  health,  growth  and 
efficiency,  by  complete  physical  examination.  Said  examinations  shall 
occur  annually  or  as  often  as  may  be  determined  by  the  board  of  school 
trustees  or  city  board  of  education. 

2.  To  adjust  school  activities  to  health  and  growth  needs  and  to  devel- 
opment processes  and  to  attend  to  all  matters  pertaining  to  school 
hygiene. 

3.  To  bring  about  a  special  study  of  mental  retardation  and  deviation 
of  pupils  in  the  public  schools. 

Examining  staff,  qualifications  of. 

§  3.  The  requirements  for  certification  of  members  of  the  examining 
staff  for  health  and  development  supervision  in  the  public  schools  of 
the  state  shall  be  as  follows: 

For  educators:  A  life  diploma  of  California  of  the  high  school  or  gram- 
mar school  grade  and  a  health  and  development  certificate  which  shall 
authorize  the  holder  of  such  certificate  to  conduct  the  work  authorized 
by  this  act,  in  those  grades  specified  by  the  life  diploma  held. 

For  physicians:  A  California  certificate  to  practice  medicine  and  sur- 
gery and  a  health  and  development  certificate. 

Certificates,  granting  of. 

§  4.  County  or  city  and  county  boards  of  education  are  hereby  author- 
ized to  grant  health  and  development  certificates  to  holders  of  life 
diplomas  of  California  of  the  high  school  or  grammar  school  grade  or 
to  holders  of  California  certificates  to  practice  medicine  and  surgery 
who  shall  present  with  such  life  diplomas  or  with  such  certificates  to 
practice  medicine  and  surgery  a  recommendation  from  the  state  board 
of  education  certifying  special  fitness  for  the  work  specified  in  this  act. 

ACT  3586. 

An  act  for  the   establishment  in  the   city  of  Santa  Barbara  of  a  state 

normal   school  of  manual   arts   and  home   economics,   and  making  an 

appropriation    therefor.     [Approved    March    27,    1909.     Stats.    1909, 

p.  795.] 

SCHOOL  LANDS. 

See   "State  Lauds." 


Acts  3587-3597  GENERAL  LAWS.  1204 

TITLE  453. 
SEBASTOPOL. 
ACT  3587. 

Incorporated  under  Municipal  Corporation  Act. 
See  California  Blue  Book,   1907,  p.  311. 
Citations.     Cal.  153/709. 

TITLE  454. 
SECRETAEY  OP  STATE. 
ACT  3588. 

Authorizing  the  secretary  of  state  to  appoint  a  clerk  in  addition  to 
the  number  now  allowed  by  law  and  to  be  known  as  the  janitors' 
clerk,  and  providing  for  the  payment  of  his  salary.  Tstats,  1899,  p. 
143.] 

ACT  3589. 

To  provide  a  salary  for  the  keeper  of  archives  in  the  office  of.     [Stats. 
1891,  p.  280.] 
Bee  Act  1779. 

TITLE  455. 
SEDUCTION. 
ACT  3590. 

To  punish.     [Stats.  1871-72,  p.  184.] 
Citations.      Cal.  49/9. 
This  act   appears  in  full  in  Appendix,  Penal  Code,  p.  2136. 

TITLE  456. 

SEWERS. 
See  "Streets." 

ACT  3595. 

To  confer  power  upon  supervisors,  or  other  governing  hocij  of  counties, 
and  cities  and  counties,  to  extend  and  complete  all  main  intercept- 
ing sewers  heretofore  partially  constructed.  [In  effect  March  14, 
1881.     Stats.  1881,  p.  76.] 

The  code  commissioners  say  of  this  act:    "Superseded  by  County  Government 
Act  and  the  charter  of  San  Francisco." 

ACT  3596. 

Providing  for  the  establishment  and  maintenance  of  sewer  districts  ad* 
jacent  to  municipal  corporations.     [Stats.  1899,  p.  81.] 

ACT  3597. 

An  act  to  provide  for  separate  sewer  districts  within  municipalities. 
[Approved  April  21,  1909.     Stats.  1909,  p.  1011.] 

Municipal  sewer  districts, 

§  1.     The  legislative  body  of  any  incorporated  city  or  town  may  divide 
the  territory  of  Buch  municipality  into  two  or  more  sewer  districts,  as 


1205  SHASTA  COUNTY.  Acts  3599-3603 

may  be  made  expedient  by  the  configuration  of  the  ground,  and  estab- 
lish a  separate  sewer  system  for  every  such  district. 

Special  sewer  tax. 

§  2.  The  proper  municipal  officers  may  levy  a  special  sewer  tax  on  all 
the  taxable  property  in  such  sewer  district,  and  the  proceeds  of  such 
tax  shall  be  expended  exclusively  for  the  building  and  maintenance  of 
the  sewer  system  in  such  district. 

Election  for  bond  issue. 

§  3.  After  a  city  or  incorporated  town  has  been  divided  into  sewer 
districts,  an  election  may  be  held,  in  the  manner  provided  for  the  issue 
of  city  bonds,  to  determine  whether  bonds  for  the  building  or  extension 
of  a  sewer  system  in  any  such  district  shall  be  issued.  At  such  election^ 
only  electors  residing  within  such  district  shall  be  entitled  to  vote.  If 
a  majority  of  the  electors  voting  at  such  election  shall  vote  in  the 
affirmative,  the  proper  municipal  officers  shall  issue  and  sell  such  bonds, 
substantially  in  the  manner  provided  for  the  issue  of  city  bonds.  But 
the  interest  and  sinking  fund  for  the  payment  of  such  bonds  shall  be 
derived  exclusively  from  taxes  levied  upon  property  within  such  district. 
All  provisions  of  law  relating  to  the  payment  of  interest  and  sinking 
fund  for  city  bonds  shall  govern,  so  far  as  applicable,  the  issue  of  sewer 
district  bonds. 

TITLE  457. 
SHASTA  COUNTY. 
ACT  3599. 
An  act  to  increase  the  number  of  judges  of  the  superior  court  of  the 

county  of  Shasta,  state  of  California,   and  for  the  appointment  of 

such  additional  judge.     [Stats.  1905,  p.  315.] 

Citations.     App.  6/299,  300. 

ACT  3600. 

County  clerk,  fixing  salary  of.     [Stats.  1873-74,  p.  168.] 
Repealed  by  County  Government  Act,  1897,  p.  540,   §  186. 

ACT  3601. 

Supervisors   authorized   to   transfer   certain   funds   of.     [Stats.    1873-74, 
p.  708.] 
This  act  authorized  the  transfer  of  the  swamp  land  fund  to  the  general  fund. 

ACT  3602. 

Authorizing  transcribing  of  records  in.     [Stats.  1862,  p.  52.] 
Amended  1863,  p.  21. 

ACT  3603. 

Grant  I.  Taggart,  former  county  recorder  of  Shasta  County,  authorizing 
to  certify  and  sign  certain  records.     [Stats.  1875-76,  p.  487.J 


Acts  3604-3620  GENERAL  LAWS,  1206 

ACT  3604. 

Eoads  and  highways.     [Stats.  1873-74,  p.  844.] 
Repealed   1883,   p.   5,   c.   X,    §  2. 

ACT  3605. 

Eepealing  all  special  laws  in  relation  to  roads  and  highways  in.     [Stats. 

1875-76,  p.  803.] 
ACT  3608. 

Public  schools  of,  employment  of  teachers  in.     [Stats.   1873-74,  p.  472.] 
Amended   1875-76,   p.   122.     Probably  repealed  by   Political   Code,    §  1696,   as 
amended  1893,  p.  255. 

ACT  3607. 

Sheriff   of,   allowed   compensation   for   services   of   under-sheriff.     [Stats. 
1873-74,  p.  180.] 
Repealed  by  County  Government  Act,   1897,  p.   540,   §  186. 

TITLE  458. 
SHASTA,  TOWN  OF. 
ACT  3612. 

To   prevent  hogs   from  running  at   large.     [Stats.   1871-72,   p.   1.57.] 

Amended  by   extending   to   Redding   in   Shasta    County,   and   Modesto   in   Stan- 
islaus  County,   1877-78,  p.   585. 

TITLE  459. 
SHEEP. 
Act  to  protect  sheep  from  the  ravages  of  dogs:   See  tit.  "Dogs,"   ante. 

ACT  3617. 

To   restrict   the   herding  of  sheep   in   certain   counties.     [Stats.    1862,   p. 
490.] 
This   act   applied   to   Mendocino,   Lake,    Sonoma,    and   Marin   counties. 

ACT  3618. 

To  restrict  the  herding  of  sheep.     [Stats.   1861,  p.   523.] 
Amended  1865-66,   p.   56. 

ACT  3619. 

To  protect  sheep  and  lambs  in  this  state.     [Stats.  1861,  p.  501.] 
Amended   1867-68,   p.   426;    1869-70,   p.  223. 

This    act    protected    sheep    and   lambs    from   dogs    and   other   animals.     It   was 
superseded  by  the  Civil  Code,    §  3341. 

ACT  3620. 

An  act  to  create  the  office  of  sheep  inspector  for  the  state  of  California, 
to  provide  for  the  appointment,  and  to  define  the  powers  and  duties 
of  said  officer  and  his  deputies,  and  their  compensation,  and  provid- 


1207  SHEEP.  Acts  3621.  3622 

ing  for  the  prosecution  of  offenses  under  the  same,  and  to  suppress 
and  prevent  dissemination  of  scab  among  sheep.     [Approved  March 
24,  1903.     Stats.  1903,  p.  372.] 
Inspection  of  sheep:    See  post,   Act  3622. 

ACT  3621. 

An  act  authorizing  and  empowering  the  boards  of  supervisors  of  the 
several  counties  of  the  state  to  prevent  and  eradicate  infectious  and 
contagious  diseases  among  sheep,  to  provide  for  the  appointment  of 
a  sheep  commissioner,  and  to  define  the  duties  and  powers  of  com- 
missioner. 

[Approved  March  16,  1889.     Stats.  1889,  p.  216.] 

Appointment  of  sheep  commissioner. 

§  1.  Whenever  a  petition  shall  be  filed  with  the  board  of  supervisors 
of  any  county  in  this  state,  signed  by  not  less  than  fifty  resident  free- 
holders of  such  county,  praying  for  the  appointment  of  the  commissioner 
herein  named,  said  board  may,  if  deemed  advisable,  appoint  some  com- 
petent person,  a  resident  of  the  county,  who  shall  act  and  be  known  as 
sheep  commissioner,  whose  duties  and  powers,  which  are  to  be  exercised  in 
the  prevention  and  eradication  of  contagious  diseases  among  sheep,  shall 
be  defined  and  determined  by  said  board;  and  the  fees  and  compensation 
of  such  commissioner,  only  to  be  charged  when  he  is  actually  and 
necessarily  engaged  in  the  performance  of  his  duties,  shall  be  paid  out 
of  the  treasury  of  said  county  as  claims  against  counties  are  now  paid, 
and  be  fixed  by  said  board  at  the  time  of  such  appointment. 

§  2.     This  act  shall  take  effect  immediately. 

ACT  3622. 

An  act  providing  for  the  inspection  of  sheep,  the  appointment  of  a  board 
of  sheep  commissioners  and  for  the  appointment  of  inspectors,  pre- 
scribing their  powers  and  duties,  fixing  their  compensation,  and  pro- 
viding for  the  raising  of  funds  to  pay  the  same,  and  providing  pen- 
alties for  the  violation  hereof. 

[Approved  March  23,  1907.     Stats.  1907,  p.  905.] 

Board  of  sheep  commissioners  created. 

§  1.  That  a  state  board  of  sheep  commissioners  be  and  the  same  is 
hereby  created. 

Of   whom   board   shall   consist.     Oath.    Bond.     Salaries.     Qualifications. 

Meetings. 

§2.  The  state  board  of  sheep  commissioners,  hereinafter  called  the 
board,  shall  consist  of  six  members,  one  of  whom  shall  be  the  state 
veterinarian,  acting  as  ex  officio  member,  and  five  others  to  be  appointed 
by  the  governor,  all  of  whom  shall  be  experienced  wool-growers,  no  two 
of  whom  shall  be  from  the  same  county,  and  to  hold  their  office  for  four 
ye^T*  or  until  their  successors  are   duly   appointed  and  qualified.     Each 


Act  3622,  §§  3, 4  GENERAL  LAWS.  1208 

of  said  commissioners,  before  entering  upon  the  duties  of  his  office,  shall 
take  and  subscribe  to  the  constitutional  oath  of  office  and  enter  into 
a  bond  with  at  least  two  sureties  in  the  penal  sum  of  twenty-five  hundred 
dollars  ($2500),  payable  to  the  state  of  California,  and  conditioned  for 
the  faithful  performance  of  the  duties  of  his  office,  which  bond  shall 
be  approved  by  the  governor  and  filed  in  the  office  of  the  secretary  of 
state.  The  members  of  the  said  board  shall  each  receive  for  his  ser- 
vices six  hundred  dollars  ($600)  per  annum  and  actual  expenses  while  in 
the  discharge  of  his  duties.  Said  salary  and  expense  shall  be  paid  from 
the  state  treasury.  Each  member  of  said  board  shall  be  a  qualified 
elector  from  the  county  from  which  he  is  chosen  and  an  experienced 
wool-grower  within  the  state,  and  must  reside  during  his  term  of  office 
within  the  state.  Said  board  must  hold  their  meetings  quarterly  and 
oftener  if  so  requested  by  any  member  of  the  board. 

Organization.     Reports.    Powers  of.    Estimate  for  tax  levy. 

§  3.  The  board  shall  elect  one  of  its  members  president,  and  the 
board  shall  appoint  a  secretary,  prescribe  his  duties  and  fix  his  salary, 
which  shall  not  exceed  one  thousand  dollars  ($1,000)  per  annum.  The 
board  shall  maintain  an  office.  The  maintenance  of  such  office  and  the 
secretary's  salary  shall  be  paid  from  the  state  treasury  in  the  same 
manner  as  the  salaries  and  expenses  of  state  officers.  The  board  shall 
audit  all  bills  of  salaries  and  expenses  incurred  in  the  enforcement  of 
this  act  that  may  be  payable  from  the  sheep  inspection  fund,  and  if 
found  correct,  shall  certify  the  same  to  the  board  of  examiners.  The 
board  shall  make  an  annual  report  to  the  governor  on  or  before  the  15th 
day  of  December  in  each  year,  giving  a  statement  of  the  transactions 
of  the  board  and  facts  relating  to  the  condition  of  the  sheep  industry 
in  this  state.  The  board  shall  have  power  to  order  an  inspection  for 
quarantine  of  any  sheep  in  the  state,  compel  dipping  at  such  times  and 
as  often  as  it  deems  necessary  to  insure  the  eradication  of  "scab,"  and 
divide  the  state  into  such  districts  as  may  be  necessary  for  the  enforce- 
ment of  this  act.  The  board  shall  have  power  to  make,  adopt  and  en- 
force such  rules  and  regulations  (not  in  conflict  with  the  provisions  of 
the  state  constitution  or  the  laws  of  this  state)  as  the  board  may  deem 
necessary  for  the  enforcement  of  the  provisions  of  this  act.  It  shall  be 
the  duty  of  the  state  board  of  sheep  commissioners  to  furnish,  on  or 
before  the  first  Monday  in  September  of  each  year,  to  the  board  of 
supervisors  of  each  county  in  this  state  an  estimate  of  the  amount  of 
money  in  the  sheep  inspection  fund,  and  the  estimated  value  of  the 
sheep  in  each  county,  and  the  estimated  rate  of  tax  on  each  one  hundred 
dollars  of  such  valuation  necessary  to  raise  sufficient  funds  for  paying 
the  expenses  to  be  incurred  under  the  provisions  of  this  act  during  the 
next  year. 

Supervicors  to  levy  tax. 

§  4.  The  board  of  supervisors  of  each  county  in  this  state,  at  the 
time  of  the  annual  levy  of  county  taxes  must  levy  a  tax,  not  to  exceed 
ten  mills  on  the  dollar  of  the  assessed  valuation  of  the  sheep  in  their 


1209  SHEEP.  Act  3622,  §§  5-r 

respective  counties.  Said  tax  shall  be  levied  and  collected  in  the  sama 
manner  as  state  and  county  taxes,  and  the  county  treasurer  of  each 
county  shall  report  the  same  to  the  state  controller  and  pay  the  same 
into  the  state  treasury  in  the  same  manner  and  at  the  same  time  as 
state  taxes  are  reported  and  paid.  The  said  taxes  shall  be  kept  in  the 
state  treasury  as  a  separate  fund  to  be  known  ag  "the  sheep  inspection 
fund." 

Duty  of  county  auditor  and  treasurer. 

§  5.  The  county  auditor  must,  on  or  before  the  first  Monday  in 
August  of  each  year,  prepare  from  the  assessment  book  of  each  year,  as 
corrected  by  the  board  of  supervisors  of  each  county  and  the  state  board 
of  equalization,  a  statement  showing  the  total  number  of  all  sheep 
assessed  and  the  valuation  of  the  same.  The  county  treasurer  must  not- 
ify the  state  board  of  sheep  commissioners  of  all  moneys  forwarded  to 
the  state  treasurer  belonging  to  the  state  sheep  inspection  fund  at  the 
time  said  moneys  are  forwarded  to  the  state  treasury.  Also,  make  final 
report  to  the  said  board  at  the  time  he  makes  settlement  with  the  state 
controller. 

Employment  of  inspectors.    Per  diem  of.     Records. 

§  6.  The  board  shall  have  charge  of  the  enforcement  of  the  pro- 
visions of  this  act,  and  of  all  rules  and  regulations  made  and  adopt-^d 
by  it.  The  board  shall  employ  such  inspectors  as  may  be  necessary,  and 
said  inspectors  shall  file  a  bond  in  the  sum  of  one  thousand  dollars 
($1,000),  payable  to  the  state,  and  conditioned  for  the  faithful  perform- 
ance of  their  duties,  and  said  bond  shall  be  approved  by  the  board. 
Such  inspectors  shall  receive  five  dollars  ($5)  per  diem  for  each  day's 
work  actually  performed,  to  be  paid  from  the  sheep  inspection  fund. 
The  board  must  keep  a  book  to  be  known  as  the  inspection  book  in 
which  they  must  enter  their  official  acts.  Such  record  must  show  every 
flock  of  slieep  inspected,  and  the  number  contained  therein,  the  time 
when  and  the  place  where  the  same  was  inspected. 

Rights  of  inspectors.     Quarantine. 

§7.  The  inspectors  and  any  member  of  the  board  shall  have  the  right 
at  all  times  to  enter  any  premises,  farm,  field,  pen,  slaughter-house, 
building  or  car  where  any  sheep  are  quartered  for  the  purpose  of  exam- 
ining them,  in  order  to  determine  whether  they  are  affected  with  the 
disease  known  as  scabies.  The  board  shall  have  the  power  to  quarantine 
any  corral,  pen,  slaughter-house,  building  or  car  where  sheep  may  have 
been  or  are  being  handled,  and  compel  the  cleaning  and  disinfecting 
of  the  same  when  deemed  necessary  for  the  purposes  of  this  act.  When 
owners  or  persons  in  charge  of  such  places  shall,  after  forty-eight  hours* 
written  notice,  refuse  to  clean  or  disinfect  them,  the  inspector  shall 
have  the  right  to  take  charge  of  such  places,  cause  the  same  to  be 
cleaned  and  disinfected,  and  the  expense  of  such  cleaning  and  disin- 
fection must  be  paid  by  the  person  in  charge  or  the  owner,  and  shall 
be  a  lien  upon  such  premises,  corrals,  pens,  slaughter-houses,  buildings, 
cars,  etc.,  until  such  expense  is  paid. 


Act  3622,  §§  8-13  GENERAL  LAWS.  1210 

Reports  of  inspectors. 

§  8.  Inspectors  shall  report  to  the  board  in  writing  and  as  often  and 
at  such  times  as  may  be  requested  by  such  board. 

Duties  of  inspectors. 

§  9.  Each  inspector  must  inspect  all  the  sheep  within  the  district  as- 
signed to  him,  when  so  ordered  by  the  board,  and  must  make  and  issue 
a  certificate  or  bill  of  health  for  all  sheep  whose  owners  have  complied 
with  the  law  and  the  orders,  rules  and  regulations  made  and  adopted  by 
the  board,  describing  the  sheep,  giving  the  number,  together  with  the 
marks  and  brands  thereon,  which  will  entitle  the  owner  or  agent  in 
charge  to  pass  with  such  sheep  from  one  district  to  another  in  this 
state.  The  inspector  shall  immediately  file  with  the  board  in  duplicate 
all  certificates  issued  by  him. 

Scabies,  when  sheep  are  affected  by. 

§  10.  When  sheep  are  found  affected  with  scabies  they  must  be  quar- 
antined where  found,  and  the  inspector  must  define  the  place,  the  limits 
within  which  such  sheep  may  be  grazed,  herded  or  driven,  and  such 
sheep  must  be  held  in  quarantine  .until  pronounced  cured  from  such 
disease  by  the  state  board  of  sheep  commissioners.  The  expense  of  dip- 
ping, hand-dressing,  spotting,  feeding,  and  taking  care  of  all  sheep  quar- 
antined under  the  provisions  of  this  act,  must  be  paid  for  by  the  owner 
or  agent  in  charge  of  such  sheep;  and  such  expense  shall  be  a  lien  upon 
such  sheep  until  paid. 

Dipping  of  affected  sheep. 

§  11.  All  sheep  in  the  state  affected  with  or  exposed  to  "scabies" 
must  be  dipped  at  such  time  or  times  as  may  be  ordered  by  the  board; 
such  dipping  shall  be  done  under  the  supervision  of  an  inspector  and 
the  dip  used  in  all  such  cases  must  be  one  approved  by  the  state  board 
of  sheep  commissioners;  provided,  however,  that  ewes  due  to  lamb  within 
thirty  days  shall  not  be  subject  to  the  provisions  of  this  section. 

Sheep  in  transit  from  other  states. 

§  12.  When  any  owner  or  person  in  charge  of  sheep  shall  bring  such 
sheep  into  this  state,  upon  entering  from  an  adjoining  state  or  territory 
for  the  purpose  of  grazing,  he  shall  notify  the  board  or  any  inspector 
in  writing,  of  such  fact  immediately  after  entering  the  state,  stating 
the  time  when,  the  place  where  such  sheep  did  enter  and  the  number  of 
such  sheep;  provided,  however,  that  the  owner  or  person  in  charge  of 
sheep  in  transit  on  the  cars  shall  not  be  required  to  give  notice  unless 
they  shall  remain  in  the  state  or  are  unloading  to  feed  or  rest  for  a 
longer  period  than  forty-eight  hours. 

Moving  affected  sheep. 

§  13.  In  no  case  shall  any  sheep  affected  with  scabies  be  moved  along 
the  public  highway  or  across  the  lands  of  another  without  a  written 
permit  from  the  board  or  an  inspector. 


1211  SHEEP.  Acts  3623,  3624 

Failure  to  observe  rules  of  board. 

§  14.  Any  person  owning  or  having  charge  of  any  public  dipping 
vat,  or  vessel  in  which  sheep  are  dipped,  and  every  owner  of  sheep  or 
agent  in  charge  of  them,  who  shall  refuse  or  neglect  after  notice  in 
writing  to  dip  all  sheep  in  the  manner  prescribed  in  the  preceding  sec- 
tions or  who  shall  willfully  and  intentionally  fail  to  observe  any  and  all 
rules  and  regulations  made  and  adopted  by  the  board  in  accordance  with 
the  provisions  of  this  act,  shall  be  guilty  of  a  misdemeanor  and  shall 
be  punished  by  a  fine  of  not  less  than  fifty  (50)  dollars. 

Claims,  how  paid. 

§  15.  All  claims  for  salaries  of  the  members  of  the  board  shall  be 
paid  out  of  the  sheep  inspection  fund  at  the  same  time  and  in  the  same 
manner  as  the  salaries  of  state  officers  are  pai'd.  All  other  claims  and 
expenses  authorized  by  this  act  shall  be  executed,  approved,  audited, 
allowed -and  paid  at  the  same  times  and  in  the  same  manner  as  other 
claims  against  the  state. 

Misdemeanor. 

§  16.  Any  person  who  violates  any  provision  of  this  act  shall  be 
guilty  of  a  misdemeanor,  and  shall  be  punished  by  a  fine  not  less  than 
fifty  dollars  ($50). 

ACT  3623. 

An  act  restricting  the  powers  of  boards  of  supervisors  in  the  matter  of 

imposing  licenses  upon  the  business  of  raising,  grazing,  herding  and 

pasturing  sheep. 

[Approved  March  22,  1909.     Stats.  1909,  p.  608.] 

§  1.  No  license  or  licenses  greater  than  three  cents  per  head  shall  be 
imposed  by  the  board  of  supervisors  of  any  county  in  this  state  on  the 
business  of  raising,  grazing,  herding  or  pasturing  sheep,  and  anv  and 
all  licenses  imposed  by  the  board  of  supervisors  of  any  county  on  the 
business  of  raising,  grazing,  herding  or  pasturing  sheep,  in  excess  of 
three  cents  per  head,  shall  be  and  are  hereby  declared  invalid;  pro- 
vided, the  provisions  of  this  act  shall  not  apply  to  any  license  tax  the 
validity  of  which  is  involved  in  any  suit  now  pending  or  to  any  Such 
license  tax  due  when  this  act  takes  effect. 

§  2.  Any  license  tax,  imposed  by  any  board  of  supervisors  of  any 
county  in  this  state,  upon  the  business  of  raising,  grazing,  herding  or 
pasturing  sheep,  shall  not  be  so  construed  and  applied  as  to  permit  a 
license  tax  for  or  on  account  of  lambs  under  eight  months  old. 

§  3.     This  act  shall  take  effect  immediately. 

ACT  3624. 

An  act  providing  for  the  eradication  of  the  disease  known  as  scabies 
in  sheep;  providing  for  the  duties  of  tlie  state  veterinarian  in  rela- 
tion thereto;  making  certain  acts  in  relation  to  sheep  infected  with 


Acts  3627-3645  GENERAL  LAWS.  1212 

such  disease  a  misdemeanor;  providing  for  a  lien  against  such  sheep 
for  expenses  and  costs  in  the  extermination  of  such  disease;  making 
certain  persons  liable  for  a  violation  of  this  act,  and  providing  for 
the  enforcement  of  said  lien.  [Approved  February  23,  1909.  Stats. 
1909,  p.  53.] 

TITLE  460. 
SHEEIFFS. 
ACT  3627. 

To  compensate  sheriffs  for  conveying  prisoners  to  the  state  prisons  and 
insane  persons  to  the  insane  asylum.     [Stats.  1885,  p.  126.] 
Amended   1889,  p.  200. 
Superseded  by  Pol.  Code,  §§  4175,  4176. 

ACT  3628. 

To  authorize  the  boards  of  supervisors  to  furnish  the  sheriff  and  deputy 

sheriffs   of  their   several   counties  with   a  suitable   badge   of   oflice. 

[Stats.  1875-76,  p.  803.] 

Superseded  by  S  4046,  Political  Code,  as  added  in  1907. 

TITLE  461. 
SHERMAN  ISliAND. 
ACT  3633. 

For  the  protection  of  public  roads  on.     [Stats.  1877-78,  p.  601.] 

TITLE  462. 
SHIPPING. 
ACT  3638. 

To   prevent   persons   from   enticing  seamen  to    desert.     [Stata.    1853,   p. 
186.] 
Superseded  by  Penal   Code,    §§  644,    645. 

TITLE  463. 
SIERRA  COUNTY. 
ACT  3643. 

In  relation  to  the  county  officers  of.     [Stats.  1869-70,  p.  285.] 
This   act  related  to  the   fees  and  salaries  of   officers:    See  note   to  Act   1119, 
ante. 

ACT  3644. 

Road  districts  and  road  overseers.     [Stats.   1875-76,  p.  405.] 
Repealed    by    Political    Code,    §§2641    and    2642,    as    amended    in    1893,    and 
the   County   Government   Acts:    See   1897,   p.  452. 

ACT  3645. 

Road  poll  tax  in.     [Stats.  1875-76,  p.  594.] 
Repealed  by  Political  Code,   §  2652,   as  amended  1891,  p.  478. 


1213  SIERRA  IRON  COMPANY— SISKIYOU  COUNTY.    Acta  3C46-3666 

ACT  3646. 

Supervisors  to  levy  taxes  for  county  purposes.     [Stats.  1873-74,  p.  510.] 
Superseded  by  Bubds.  12  and  18,  §  25,  County  Government  Act,  1897,  pp.  460, 
463. 

ACT  3647. 

Concerning  office  of  treasurer  of.     [Stats.  1871-72,  p.  582.] 
Repealed    1873-74,   p.    185. 
This  act  made   the  assessor  ex  officio   treasurer. 

ACT  3648. 

Treasurer  of.     [Stats.  1873-74,  p.  185.] 
Repealed  by   County  Government  Acts:   Sea  1897,  p.  564,   §  205. 

TITLE  464. 
SIERRA  IRON  COMPANY. 
ACT  3653. 

Granting  right  to  construct  road  in  Sierra  and  Plumas  counties.     [StatB. 
1873-74,  p.  341.] 

TITLE  465. 
SILK  CULTURE. 
ACT  3658. 

To  establish  a  state  board  of.     [Stats.  1883,  p.  369.] 

Superseded  1885,  p.  216. 

ACT  3659. 

To  establish  a  state  board  of.     [Stats.  1885,  p.  216.] 

TITLE  466. 
SISKIYOU  COUNTY. 
ACT  3664. 

Regulating  fees  and  salaries  in.     [Stats.  1869-70,  p.  249.] 

Amended   1873-74,  pp.   188,   719. 
See  note  to   Act   1119,   ante. 

ACT  3665. 

Fees  and  salaries  of  officers.     [Stats.  1873-74,  p.  188.] 
Amending   and   supplementing   act    of   March    12,    1870.      Supplemented    1873- 
74,  p.   719.     Repealed  by  County  Government  Acts:   See  1897,  p.  452,  and  fee 
bill  of   1895,  p.  267. 

ACT  3666. 

Concerning  marks  and  brands  in.     [Stats.  186.5-66,  p.  332.] 
Continued  in  force  by  Political  Code,   §  19,  and  Penal  Code,   §  23. 


Acts  3667-3084  GENERAL  LAWS.  1214 

ACT  3667. 

Creating  board   of  water  commissioners   for.     [Stats.   18G5-G6,  p.   609.] 

TITLE  467. 
SMITH  RIVER. 
ACT  3672. 

Declaring  Smith  River  navigable.     [Stats.  1877-78,  p.  799.] 
Superseded  by  Political  Code,    §  2349,   as   amended  1891. 

TITLE  468. 
SOLANO  COUNTY. 
ACT  3677. 

To  develop  agrionltnral  interests  and  aid  the  constrnotion  of  a  canal  in 
Colusa,  Solauo,  and  Yolo  counties.     [Stats.  1863-66,  p.  451.] 

ACT  3678. 

County  seat,  location  of.     [Stats.  1873-74,  p.  783.] 
Already   located  by   Political   Code,    §  3956. 

ACT  3679. 

Highways  in.     [Stats.  1875-76,  p.  316.] 
Supplemented  1875-76,  p.   817.     Amended  1877-78,  p.   598.     Repealed   1883, 
C.  X,    §  2. 

ACT  3680. 

Branch   county   jail,    establishing   and    maintaining.     [Stats.    1875-76,   p. 

530.] 
ACT  3681. 

To  provide  for  the  appointment  of  two  additional  notaries  for.     [Stats. 
1871-72,  p.  24.] 
Superseded  by  Political  Code,   §  791. 

ACT  3682. 

County  recorder  made  ex  officio  auditor.     [Stats.  1875-76,  p.  14.] 
Repealed   1877-78,  p.   15G. 

ACT  3683. 

Salaries  of  officers  of,  regulating.     [Stats.  1873-74,  p.  869.] 
Amended  1875-76,  p.  56;    1877-78,  p.  530.     Repealed  by  County  Government 
Acts:    See  1897,  p.  519,  §169. 

ACT  3684. 

To  better  define  the  duties  and  fix  the  compensation  of  certain  officers 
of.     [Stats.  1871-72,  p.  624.] 
Repealed  by  County  Government  Act,  1897,  p.  519,   §  169. 

This    act   affected    the    duties    of    sheriff,    county    clerk,    district    attorney,    and 
auditor. 


1215  SOLDIERS  AND   SAILORS.  Acts  3685-3693 

ACT  3685. 

Supervisors  to  levy  a  road  tax.     [Stats.  1873-74,  p.  868.] 
Superseded  by  County  Government  Act,  §  25,  subds.  12  and  13,  1897,  pp.  460, 
463. 

ACT  3686. 

Legalizing  records  of.     [Stats.  1857,  p.  159.1 
ACT  3687. 

Authorizing   transcribing   records   in.     [Stats.    1859,   p.   66.] 

ACT  3688. 

Title  to   certain  lands  in,  quieting.     [Stats.   1873-74,  p.  329.] 
This  act  related  to   certain  lands  in  the  Suscol  Rancho. 

TITLE  469. 
SOLDIERS  AND  SAILORS. 
ACT  3692. 

An  act  permitting  all  ex-Union  soldiers  and  sailors  of  the  Civil  War, 
honorably  discharged  from  the  military  or  marine  service  of  the 
United  States,  the  right  to  vend,  hawk  and  peddle  goods,  wares, 
fruits  or  merchandise  not  prohibited  by  law,  in  any  county,  town, 
village,  incorporated  city  or  municipality  in  the  state  of  California, 
without  paying  a  license. 

[Approved  March  20,  1905.     Stats.  1905,  p.  307.] 

§  1.  That  on  and  after  the  passage  of  this  act  all  ex-Union  soldiers 
and  sailors,  honorably  discharged  from  the  military  or  marine  service  of 
the  United  States,  shall  be  permitted  to  vend,  hawk,  and  peddle  goods, 
wares,  fruits  or  merchandise  not  prohibited  by  law,  in  anj^  county,  town, 
village,  incorporated  city  or  municipality  within  this  state  without  a 
license:  provided,  said  soldier  or  sailor  is  engaged  in  the  vending,  hawk- 
ing and  peddling  of  the  goods,  wares,  fruits  or  merchandise  for  himself 
only. 

§2.  Upon  the  presentation  of  his  certificate  of  discharge  to  the  license 
collector  of  any  county,  town,  village,  incorporated  city  or  municipality 
in  this  state,  and  showing  proofs  of  his  identity  as  the  person  named 
in  his  certificate  of  honorable  discharge,  the  license  collector  shall  issue 
to  said  ex-Union  soldier  or  sailor  a  license,  but  such  license  shall  be 
free,  and  said  license  collector  shall  not  collect  or  demand  for  the  county, 
town,  village,  incorporated  city  or  municipality  any  fee,  therefor;  pro- 
vided, that  nothing  in  this  act  shall  authorize  said  soldiers  or  sailors  to 
sell  intoxicating  liquors. 

§  3.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 


Acts  3693-3704  GENERAL  LAWS.  1216 

ACT  3693. 

To  provide  for  the  burial  of  ex-TJnion  soldiers,  sailors,  and  marines  dying 
•without  leaving  sufficient  means  to  defray  burial  expenses.     [Stats. 
1889,  p.  198.] 
Amended   1901,   p.   596. 

ACT  3694. 

To  provide  for  building  and  furnishing  the  home  for  soldiers'  widows, 

orphans,  and  army  nurses,  and  for  the  management   of   such   home, 

and  the  support  of  indigent  persons  residing  in  such  home.     [Stats. 

1889,  p.  206.] 

Amended  1891,  p.  428. 

ACT  3695. 

To  give  a  preference  in  public  service  to  honorably  discharged  ex-Union 

soldiers,  sailors,  and  marines  of  the  war  of  the  rebellion.     [Stats. 

1891,  p.  289.] 

ACT  3696. 

I'o  prevent  the  sale  of  intoxicating  liquors  in  the  immediate  vicinity  o) 
soldiers'  homes.     [Stats.  1895,  p.   161,] 
Codified  by  Penal  Code. 
See  Act  1693,  ante. 

TITLE  470. 
SONOMA  CITY. 
ACT  3701. 

To  confirm  and  legalize  the  acts  and  proceedings  of  any  and  all  of  the 
mayors,  common  councils,  alcaldes,  and  justices  of  the  peace  of  the 
pueblo  of  Sonoma.     [Stats.  1869-70,  p.  413.] 
This  act  confirmed  all  proceedings  relating  to  the  sale  or  disposition  of  lands. 

ACT  3702. 

Authorizing  sale  of  certain  pueblo  lands.     [Stats.  1871-72,  p.  239.] 

ACT  3703. 

To  appoint  commissioners  for  the  pueblo  of,  to  carry  into  effect  the  pro- 
visions of  an  act  to  validate  the  acts  of  former  commissioners. 
[Stats.  1881,  p.  25.] 

ACT  3704. 

Defining  boundaries.     [Stats.  1871-72,  p.  10.] 
Superseded  by  incorporation  of   the   city   under  Municipal   Corporation   Act  of 


1217  SONOMA  COUNTY.  Acts  3709-3718 

TITLE  471. 
SONOMA  COUNTY. 
ACT  3709. 

Concerning   the   fees   and   salaries   of   certain    officers   in   the    county   of 
Sonoma.      [Stats.   1871-72,   p.   583.] 
This  act  related  to  certain  duties  of  the   sheriff  and  recorder.     It  was  super- 
seded by  the  County  Government  Act  of  1897,  p.  452. 

ACT  3710. 

Salaries    and    compensation    of    certain    officers    of.     [Stats.    1873-74,   p. 
382.] 
Amended    1873-74,    p.    720;    1875-76,    pp.    576,    726.     Repealed    by    County 
Government  Acts:    See   1897,  p.  509,    §163. 

ACT  3711. 

Fees  and  salaries  in.     [Stats.  1877-78,  p.  129.] 
Amended    1877-78,    p.    328.     Repealed    as    to    fees    by    the    fee    bill    of    1895, 
p.   267.   as  to  oflScers  therein  named,   and  as  to   salaries  by   County  Government 
Acts:    See   1897,  p.   509,    §163. 

ACT  3712. 

Division  fences  in  Sonoma  County  and  the  lines  of  counties  bordering 

thereon.     [Stats.   1877-78,   p.   692.] 
ACT  3713. 

Act  relating  to  fence  and  pound  districts  in.     [Stats.  1871-72,  p.  203.] 
Made  applicable  to  Del  Norte  county,  Stats.  1875-76,  p.  391. 
Superseded   as   to   pounds   by   subd.   14,    §  25,    County    Government   Act,    1897, 
p.  463. 

ACT  3714. 

To   provide   for   the   appointment   of   a   notary   to   reside    at   Cloverdale. 
[Stats.    1871-72,   p.   95.] 
Repealed  by  Political  Code,   §  791. 

ACT  3715. 

Additional  notaries  in.     [Stats.   1871-72,  p.  95.] 
Repealed  by  Political  Code,   §  791. 

ACT  3716. 

Authorizing    transcribing    of    records    in.     [Stats.    1860,   p.    109. J 

ACT  3717. 

Authorizing  transcribing  of  records  in.     [Stats.  1862,  p.  53.] 

ACT  3718. 

To  provide  for  the  translation  of  foreign  records  in  Sonoma  County,  and 

to  make  such  translations  evidence  of  their  contents.     [Stats.  1869- 

70,  p.  582.] 

Gen.  Laws — 77 


Acts  3719-3739  GENERAL  LAWS.  1218 

ACT  3719. 

Eoads  and  highways  in.     [Stats.  1875-76,  p.  270.] 

Repealed    1883,   p.   5,   c.  X,    §  2. 

ACT  3720. 

Concerning  roads  and  highways  in.     [Stats.  1871-72,  p.  496.] 
Supplemented    1873-74,   p.    105.      Amended   and  new   sections   added   1873-74, 
p.  762.     Last-named  statute  repealed  1875-76,  p.  53.     Repealed  by  1883,  p.   5, 
c.  X,   §  2. 

ACT  3721. 

Restricting  the  herding  of  sheep  in.     [Stats.  1857,  p.  227. J 
Amended   1858,   p.   165;    1859,  p.   119;    1860,   p.   332;   1869-70,   p.   304;    1871- 
72,  p.   890;    1877-78,  p.  79. 

See  Stats.  1897,  p.  198,  and  1901,  p.  603. 

ACT  3722. 

County  surveyor  of,  fees  of.     [Stats.  1873-74,  p.  228.] 

ACT  3723. 

Treasurer's  office.     [Stats.  1875-76,  p.  11.] 
Repealed  by  County  Government  Acts:   See  1897,  p.  452. 
This  act  related  to  the  counting  of  money  in  the  treasurer's  office. 

TITLE  472. 
SONOMA  RIVER. 
ACT  3728. 

Declared  navigable.     [Stats.  1877-78,  p.  72.] 
Superseded  by  Political  Code,    §  2349. 

TITLE  473. 
SONORA. 
ACT  3733. 

Reincorporating.     [Stats.   1877-78,  p.  23.] 
Supplemented  1877-78,  p.  467.      Superseded  by  incorporating,  in   1900,  under 
the  Municipal  Corporation  Act  of  1883. 

ACT  3734. 

Authorizing  establishment   of  fire   department.     [Stats.   1871-72,   p.   85.] 

TITLE  474. 
SOUTHERN   PACIFIC    RAILROAD    COMPANY. 
ACT  3739. 

Giving  effect  to   act  of  Congress  relating  to.     [Stats.   1869-70,  p.   883.] 
This  act  enabled  the  company  to  change  the  line  of  its  road. 


12ia         SPANISH  LAND  CLAIMS— STANFORD  UNIVERSITY.     Acts  3744-3755 

TITLE  475. 
SPANISH  LAND  CLAIMS. 
ACT  3744. 

Providing  for  the  preservation   of  papers  relating  to.     [Stats.  1865-66, 
p.  312.] 

TITLE  476. 
STALLIONS. 
ACT  3749. 

To  provide  for  the  keeping  of  stallions  and  jacks.     [Stats.  1871-72,  p.  63.] 
Codified  by  §  597g  of  Penal  Code. 

This   act  prescribed  limits  for  the  keeping   of  stallions  and  jacks  unless  they 
were  inclosed  from  view. 

TITLE  477. 

STANFOED  UNIVERSITY. 
ACT  3754. 

An  act  exempting  from  taxation  a  portion  of  the  property  held  in  trust 
for  the  benefit   of  the  Leland   Stanford  Junior  University. 
[Approved  February  14,  1901.     Stats.  1901,  p.  4.] 
Amended  1907,  p.  117. 

§  1.  The  university  buildings  of  the  Leland  Stanford  Junior  Uni- 
versity, situate  in  the  county  of  Santa  Clara,  state  of  California,  used 
for  university  purposes,  and  all  bonds  held  or  that  may  be  held  by  the 
trustees  of  such  university  in  trust  for  the  benefit  of  such  university, 
shall  be  exempt  from  taxation;  provided,  that  all  other  property,  real 
and  personal,  held  in  trust  for  the  benefit  of  such  university,  shall  be 
subject  to  state,  county  and  municipal  taxation;  and  provided  further, 
that  while  this  act  is  in  force  no  fees  shall  be  charged  residents  of  this 
state  for  tuition  at  such  university,  except  that  such  fees  may  be  charged 
in  professional  and  engineering  courses,  but  no  such  fees  shall  be  charged 
to  any  student  who  is  registered  in  any  of  such  courses  when  this  act 
takes  effect.  [Amendment  approved  March  6,  1907.  Stats.  ^1907,  p.  117. 
In  effect  immediately.] 

§  2.     This  act  shall  take  effect  from  its  passage. 
ACT  3755. 

An  act  granting  to  the  trustees  of  the  Leland  Stanford  Junior  Univer- 
sity corporate  powers  and  privileges. 
[Approved   February   14,   1901.     Stats.   1901,   p.   4.] 

§  1.  The  trustees  of  the  Leland  Stanford  Junior  University  are  given 
the  right  to  exercise  corporate  powers  and  privileges,  and  to  that  end 
they  may  organize  and  act  as  a  board  of  trustees,  elect  such  officers  of 
such  board  as  they  may  deem  to  be  necessary,  adopt  by-laws,  and  as 
such  board,  and  through  the  officers  thereof,  they  may  transact  surh 
business,  perform  such  acts  and  exercise  such  powers  as  they  ia  writing 
may  provide  may  be  transacted,  performed  and  eiercisod  by  such  board. 


Acts  3760-3766  GENERAL  LAWS.  1220 

Such  board  may  adopt  a  seal  which  shall  read,  "Seal  of  the  Leland 
Stanford  Junior  University,"  and  such  seal,  when  attached  to  any  docu- 
ment or  writing,  shall  be  prima  facie  evidence  that  such  document  or 
writing  was  made  by  and  under  due  authority  from  such  board  and 
from  such  trustees. 

Nothing  herein  shall  be  deemed  to  alter  the  tenure  or  limit  the  powers 
or  obligations  of  such  trustees. 

§  2.     This  act  shall  take  effect  from  its  passage. 

TITLE  478. 
STANISLAUS  COUNTY. 
ACT  3760. 

Protection  of  agriculture  in,  and  providing  for  distraining  of  trespassing 
animals.     [Stats.  1877-78,  p.  164.] 
Modified,  if  not  repealed,  by  the  estray  laws  of  1897,  p.  198,  and  1901,  p.  603. 

.ACT  3761. 

Establishing  a  public  highway  and  ferry  on  San  Joaquin  Eiver.     [Stats. 
1871-72,  p.  584.] 
Superseded  by  subd.  35,   §  25,  County  Government  Act,   1897,  p.  466. 

ACT  3762. 

Additional  notaries  public.     [Stats.  1873-74,  p.  108.] 
Repealed  by  Political  Code,    §  791. 
This  act  provided  for   the  appointment  of  five  additional  notaries. 

ACT  3763. 

Offices  of  public   administrator,   coroner,   and  superintendent  of  schools. 
[Stats.   1873-74,  p.  537.] 
Repealed  by  County  Government  Acts:   See  1897,  p.  452. 

ACT  3764. 

Separating   office    of   county   recorder   from   office   of   county    clerk,   and 
regulating  salaries  of  certain  officers.     [Stats.  1873-74,  p.  277.] 
Amended    1873-74,'  p.   448;    1877-78,   p.    1001.     Superseded  by   County    Gov- 
ernment Acts:   See  1897,  p.  452. 

ACT  3765. 

To    provide    for    the    extermination    of    squirrels    in.     [Stats.    1877-78, 
p.  787.] 
Repealed  1880,  p.  7. 

ACT  3766. 

County    superintendent    of    schools,    compensation    of.     [Stats.    1873-74, 
p.  537.] 
Repealed  by  County  Government  Acts:   See   1897,  p.  550,    §  191. 


1221  STANISLAUS  RIVERr— STATE.  Acts  3767-3783 

ACT  3767. 

Superintendent   of   schools,    act    to    provide    oflBce   for.      fStats.    1871-72, 

p.  35.] 
ACT  3768. 

Road  poll  taxes,  collection  of.     [Stats.  1875-76,  p.  570.] 
Repealed  by  Political  Code,   §  2652,   as  amended  1891,  p.  478. 

ACT  3769. 

Treasurer  to  transfer  certain  funds.     [Stats.  1875-76,  p.  270.] 
Superseded  by   subd.   18,    §  25,   County   Government  Act,    1897,   p.   463. 
This    act    authorized    the    transfer    from    the    swamp    and    overflowed    fund    to 
the  general  fund. 

ACT  3770. 

Regulating  salary  of  treasurer  of.     [Stats.  1871-72,  p.  183.] 
Superseded    by    County    Government    Act,    1897,    p.    550,    §  191,    SB    amended 
1901,   p.   171. 

ACT  3771. 

Witness  fees  in.     [Stats.  1873-74,  p.  732.] 
Repealed  1875-76,   p.  493. 

TITLE  479. 
STANISLAUS  RIVER. 
ACT  3776, 

To   establish,   maintain,   and  protect  a  public   ford   across,  and   a  public 
road  to  and  from  the  same.     [Stats.  1871-72,  p.  2S3.] 

TITLE  480. 
STATE. 
ACT  3780. 

To    define    and    establish    a   portion    of    the    eastern    boundary.     [Stats. 
1901,  p.  89.] 
See   ante,   Act    397. 

ACT  3781. 

In   relation   to    costs   in   actions   where   state   is   a   party.     [Stats.    1852, 
p.  160.] 
Superseded  by  Code  of  Civil  Procedure,    §  1038.  ^ 

ACT  3782. 

To   provide  for  the   receipt   and   appropriation   of   donations   to.     [Stats. 
1880,  p.  20.] 
Superseded  by  Pol.  Code,   §§  453a    and  4052a. 

ACT  3783. 

Release  of  claim  by  to  certain  lands.     [Stats.  1871-72,  p.  948.] 
This  act  provided  for  the  release  of  certain  lands  to  the   United  States  goT- 
ernment. 


Acts  3784-3792  GENERAL  LAWS.  1222 

ACT  3784. 

Ceding  to  the  United  States  jurisdiction  over  certain  lands  ceded  to  the 

United  States.     [Stats.  1891,  p.  262.] 
ACT  3785. 

Giving  consent  of  to  reservation  of  certain  lands  by  Congress.      [Stats. 
1891,  p.  107.] 
This   act   gave   the   consent  of   the   state   to   the    reservation  of   a  certain   tract 
by  Congress  for  a  public  park. 

ACT  3786. 

Expressing  the  assent  of  to  the  act  of  Congress  of  August  30,  1890,  to 
apply  a  portion  of  the  proceeds  from  the  public  lands  to  the  more 
complete  endowment  and  support  of  the  colleges  for  the  benefit 
of  agriculture  and  the  mechanic  arts  established  under  the  provisions 
of  an  act  of  Congress  approved  1862.     [Stats.  1891,  p.  458.] 

ACT  3787. 

Appropriation   to   pay   the   claim   of   A.   J.   Bourn   against  the   state   for 

personal  injuries  received  by  him  while  in  the  service  of  the  state. 

[Stats.  1891,  p.  513.] 

Unconstitutional:   Bourn  v.  Hart,  93  Cal.   321. 

ACT  3788. 

To  authorize  Eobert  C.  Ball  to  sue  the  state.     [Stats.  1891,  p.  194.] 

ACT  3789. 

Enabling  the   CoultervilLe   and  Yosemite   Turnpike   Company   to   sue   the 

state.     [Stats.    1891,    p.    275.] 
ACT  3790. 

Suit  against  state,  authorizing  certain  persons  to  bring.     [Stats.  1875-76, 
p.  680.] 
This   act   authorized  Drury   Melone,   John   Lord  Love,   and   James   J.   Green   to 
sue  the  state. 

ACT  3791. 

To  authorize  suits  against  the  state,  and  regulating  the  procedure  therein. 
[Stats.   1893,  p.  57.] 
Citations.     Cal.  104/693;     109/379,    380;     121/21,    23,    211,    212;    138/385; 
139/404,    405,    409;    144/690,    691,    692;    154/722. 

See  Molineux   v.   State,    109   Cal.   378;    Chapman  v.   State,   104  Cal.   690. 
This  act  appears  in  full   in  Appendix,  Code  of  Civil  Procedure,  p.  1971. 

ACT  3792. 

An  act  authorizing  suits  against  the  state  on  claims  or  demands  arising 
under  an  act  of  the  legislature  entitled  "An  act  fixing  a  bounty  on 
coyote  scalps,"  approved  March  31,  1891,  and  regulating  the  pro- 
cedure therein. 

[Approved  March  23,  1901.     Stats.  1901,  p.  646.] 
Citations.      Cal.    141/355,   356;    144/683,   688,   689,   690,   692,   693,   699,    701, 
741,   746. 


1223  STATE.  Acts  3793-3796 

§  1.  The  owners  or  holders  of  claims  or  demands  against  this  state 
arising  under  the  provisions  of  an  act  of  the  legislature  entitled  "An 
act  fixing  a  bounty  on  coyote  scalps/'  approved  March  thirty-first, 
eighteen  hundred  and  ninety-one,  may,  within  twelve  months  from  the 
passage  of  this  act,  bring  suit  upon  their  said  claims  or  demands  in  any 
superior  court  of  this  state,  and  prosecute  the'  same  to  final  judgment. 
The  rules  of  practice  in  civil  cases  shall  apply  to  such  suits,  except  as 
herein  otherwise  provided,  with  the  right  of  appeal  to  either  party. 

§  2.  Service'  of  summons  in  such  suits  shall  be  made  on  the  attorney 
general.  It  shall  be  the  duty  of  the  attorney  general  to  defend  all  such 
suits;  and  upon  his  written  demand,  made  at  or  before  the  time  of 
answering,  the  place  of  trial  of  any  such  suit  must  be  changed  to  the 
county  of  Sacramento. 

§  3.  All  costs  in  any  suit  brought  hereunder  shall  be  paid  by  the 
plaintiff  in  the  action;  and  in  case  judgment  therein  be  for  the  plain- 
tiff, it  shall  be  for  the  amount  actually  found  due  to  the  plaintiff,  with- 
out interest  thereon  and  without  costs;  and  such  judgment  shall  bear 
no  interest  after  rendition. 

§  4.  It  shall  be  the  duty  of  the  attorney  general  to  report  to  the 
legislature  at  its  next  ensuing  session  all  final  judgments  recovered 
against  the  state  hereunder,  not  theretofore  reported. 

§  5.     This  act  shall  take  effect  immediately. 

ACT  3793. 

An  act  to  authorize  suits  against  the  state  concerning  certain  real 
property,  and  regulating  the  procedure  therein.  [Approved  March 
8,  1901.     Stats.  1901,  p.  111.] 

The    property    involved    in    this    act    was    property    sold    to    one    A.    H.    Estell 
and  constituted  a  portion  of  the  500,000  acre  grant. 

ACT  3794. 

An  act  authorizing  suits  against  the  state  concerning  certain  real 
property  and  regulating  the  procedure  therein.  [Approved  March 
20,  1909.     Stats.  1909,  p.  605.] 

This  act   authorized   suits  to  quiet   title   against  the  state   of  California  where 
the  state  had  sold  land  and  the  deed  or  patent  from  the  state  had  been  lost  or 
destroyed  and  was  never  recorded  in   the  office   of  any  county  recorder. 
This  act  appears  in  full  in  Appendix,  Code  of  Civil  Procedure,  p.  1973. 

ACT  3795. 

An  act  to  authorize  the  Lauritzen  Company  of  San  Francisco,  a  cor- 
poration, to  sue  the  state  of  California.  [Approved  March  23,  1907. 
Stats.  1907,  p.  904.] 

ACT  3796. 

An    act    authorizing    suits    against    the    state    concerning    certain    real 

property    and    regulating    the    procedure    therein.     [Stats.    1909,    p. 

84.] 


Acts  3799-3812  GENERAL  LAWS.  1224 

TITLE  481. 
STATE  ANALYST. 
ACT  3799. 

To  provide  for  analyzing  the  minerals,  mineral  waters  and  other  liquids 
and   the   medicinal   fflants   of  the   state   of   California,   and   of  foods 
and  drugs  to  prevent  the  adulteration  of  the   same.     [Stata.   1885, 
p.  43.] 
In  full  in  Appendix,  Political  Code,  p.  1848. 

TITLE  482. 
STATE  CAPITOL. 
ACT  3804. 

To    provide    for    permanent    location    of    seat    of    government    at   Sacra- 
mento.    [Stats.  1854,  p.  21.] 
Superseded  by   constitution,   art.  XX,    §  1. 

ACT  3805. 

Authorizing  issuance  of  state  bonds  for.     [Stats.  1871-72,  p.  694.] 
This  act  authorized  the  issuance  of  bonds   to   the  amount  of  $250,000. 

ACT  3806. 

Employees  at.     [Stats.  1873-74,  p.  937.] 
Amended  1880,  p.   107;    1889,  p.  449. 

ACT  3807. 

An  act  authorizing  and  directing  the  board  of  state  capitol  commis- 
sioners to  remodel  and  repair  the  state  capitol  building,  making 
the  same  fireproof,  rendering  all  space  therein  available,  and  mak- 
ing an  appropriation  therefor.     [Stats.  1905,  p.  177.] 

TITLE  483. 
STATE  ENGINEERING. 
ACT  3811. 

To  provide  a  system  of  irrigation,  promote  rapid  drainage,  and  improve 
the  navigation  of  the  Sacramento  and  San  Joaquin  rivers.  [Stats. 
1877-78,  p.  634.] 

Amended  1889,  p.   328,   c.   CCXVIII,  which  renders  the   statute  inoperative. 
This  act  created  the   office   of  state  engineer. 

ACT  3812. 

An  act  to  create  for  the  state  of  California  a  department  of  engineer- 
ing, to  provide  for  the  appointment  of  the  officers  and  employees 
thereof,  defining  its  powers  and  prescribing  the  duties  of  said  de- 
partment, its  officers  and  employees,  to  provide  the  compensation 
of  such  officers  and  employees,  to  make  an  appropriation  for  the 
salaries  and  other  expenses  for  the  remainder  of  the  fifty-eighth 
fiscal  year  and  making  certain  acts  a  felony  and  repealing  an  act 


1225  STATE  ENGINEERING.  Act  3812,  §§  1.  1% 

entitled  "An  act  creating  a  commissioner  of  public  works,  defining 
his  duties  and  powers  and  fixing  his  compensation,"  approved  Feb- 
ruary ninth,  nineteen  hundred,  and  all  acts  or  parts  of  acts  amenda- 
tory thereof;  also  repealing  an  act  entitled  "An  act  to  create  a 
department  of  highways  for  the  state  of  California,  to  define  its 
duties  and  powers, ,  to  provide  for  the  appointment  of  ofiicers  and 
employees  thereof,  and  to  provide  for  the  compensation  of  said 
officers  and  employees,  and  for  the  additional  expenses  of  said  de- 
partment, and  to  make  an  appropriation  therefor  for  the  remain- 
der of  the  forty-eighth  fiscal  year,"  approved  April  first,  eighteen 
hundred  and  ninety-seven;  also  repealing  an  act  entitled  "An  act 
providing  for  the  appointment  of  an  auditing  board  to  the  commis- 
sioner of  public  works,  authorizing  and  directing  him  and  them  to 
perform  certain  duties  relating  to  drainage,  to  purchase  machinery, 
tools,  dredges,  and  appliances  therefor,  to  improve  and  rectify  water 
channels,  to  erect  works  necessary  and  incident  to  said  drainage, 
to  condemn  land  and  property  for  the  purposes  aforesaid,  making 
certain  acts  a  felony,  and  making  an  appropriation  of  money  for 
the  purposes  of  this  act,"  approved  March  seventeenth,  eighteen 
hundred  and  ninety-seven,  and  all  acts  or  parts  of  acts  amendatory 
thereof;  also  repealing  an  act  entitled  "An  act  to  provide  for  the 
appointment,  duties  and  compensation  of  a  debris  commissioner, 
and  to  make  an  appropriation  to  be  expended  under  his  directions 
in  the  discharge  of  his  duties  as  such  commissioner,"  approved  March 
twenty-fourth,  eighteen  hundred  and  ninety-three,  and  all  acts  or 
parts  of  acts  amendatory  thereof;  also  repealing  an  act  entitled 
"An  act  to  create  the  otfice  of  Lake  Tahoe  wagon  road  commis- 
sioner, providing  the  term  of  office  and  compensation  of  such  com- 
missioner, defining  his  duties,  and  making  an  appropriation  for 
the  salary  and  expenditures  provided  for  and  authorized  by  this 
act,"  approved  April  first,  eighteen  hundred  and  ninety-seven,  and 
all  acts  or  parts  of  acts  amendatory  thereof. 

[Approved  March  11,  1907.     Stats.  1907,  p.  215.] 
Amended  1909,  p.   558. 

Department  of  engineering  created. 

§  1.  A  department  of  and  for  the  state  of  California  to  be  known  as 
the  department  of  engineering  is  hereby  created  to  consist  of  an  ad- 
visory board  composed  of  the  governor  as  ex  officio  member  and  chair- 
man of  said  board,  and  a  state  engineer  who  shall  be  the  chief  executive 
officer  of  the  department,  the  general  superintendent  of  state  hospitals 
and  the  chairman  of  the  state  board  of  harbor  commissioners  of  San 
Francisco.  The  said  department,  its  officers  and  employees  shall  have 
and  exercise  the  powers  and  duties  hereinafter  set  forth  and  specified, 
and  such  as  are  or  may  be  hereafter  provided  by  law. 

Consulting  board  on  irrigation,  drainage,  etc. 

§  iy2.  Upon  this  act  becoming  effective  the  governor  by  and  with  the 
advice  and  consent   of   the  senate   shall   appoint  five  persons  who   shall 


Act  3812,  §§  2-5  GENERAL  LAWS.  1226 

be  known  as  a  consulting  board  to  the  department  of  state  engineer- 
ing upon  all  matters  that  affect  irrigation,  drainage  and  river  improve- 
ment. 

Such  board  shall  be  appointed  from  citizens  of  either  the  Sacramento 
or  San  Joaquin  valleys.  Such  board  shall  meet  at  such  times  as  the 
work  requires  and  shall  meet  at  least  once  in  two  months.  They  may 
report  to  the  advisory  board  upon  all  matters  relating  to  irrigation, 
drainage  and  river  improvement  together  with  their  conclusion  thereon, 
and  may  render  a  report  to  the  advisory  board  upon  all  plans  for  river 
improvements. 

State  engineer.     Duties. 

§  2.  Upon  this  act  becoming  effective  the  governor,  by  and  with  the 
advice  and  consent  of  the  senate  shall  appoint  a  competent  civil  en- 
gineer as  the  head  of  the  department  of  engineering,  and  such  person 
shall  be  known  as  the  state  engineer.  The  state  engineer  shall  devote 
his  entire  time  to  the  services  of  the  state  and  shall  not  actively  engage 
in  any  other  pursuit  while  serving  as  such  state  official.  He  shall  have 
charge  of  all  the  engineering  and  structural  work  of  the  department 
and  may  receive  by  and  through  the  approval  of  the  advisory  board 
such  special  assistance  of  a  technical  character  beyond  the  employees 
hereinafter  specified  as  they  shall  allow  for  the  proper  conduct  of  the 
business  of  the  department. 

Term  of  office, 

§3.  The  state  engineer  shall  hold  office  for  the  term  of  four  years 
from  and  after  the  date  of  qualification,  provided,  however,  when  a 
vacancy  occurs  in  the  office  of  state  engineer  from  whatever  cause,  the 
governor  shall  fill,  by  appointment,  said  term  for  the  unexpired  part 
thereof  only.  Immediately  after  qualifying,  the  advisory  board  shall 
meet  and  organize  and  shall  adopt  a  seal  for  the  authentication  of  its 
acts  and  records. 

Bond  of  engineer. 

§  4.  Within  twenty  days  after  receiving  notice  of  appointment  the 
person  appointed  as  state  engineer  shall  file  a  bond  in  the  sum  of 
twenty  thousand  dollars  ($20,000)  with  at  least  two  sufficient  sureties 
thereon  or  with  a  surety  company  of  recognized  standing  for  the  faith- 
ful performance  of  his  duties  which  bond  must  be  approved  by  the 
governor  and  filed  with  the  secretary  of  state  and  he  shall  qualify  by 
taking  the  oath  of  office  as  prescribed  for  other  state  officers. 

OfBce  of  department. 

§5.  The  office  of  the  department  of  engineering  shall  be  in  the  state 
capitol;  and  the  secretary  of  state  shall  assign  to  the  department,  for 
its  use,  such  rooms  as  may  be  necessary  for  its  accommodation.  All  of 
the  regular  meetings  of  the  advisory  board  shall  be  held  at  such  office. 
The  said  board  may,  however,  hold  such  special  meetings  at  such  places 
as  the  duties  of  the  department,  or  the  best  interests  of  the  state  may 
require.     The  state  board  of  harbor  commissioners  for  the  port  of  San 


1227  STATE  ENGINEERING.  Act  3812,  §§  6,  7 

Franciieo  shall  assign  proper  rooms  in  the  Ferry  Building  at  San  Fran- 
cisco for  the  use  of  one  assistant  state  engineer  and  his  necessary  office 
help. 

Assistants  to  state  engineer.     Salaries.     Eligibility. 

§  6.  The  department  of  engineering  by  and  through  the  state  en- 
gineer shall  have  the  power  to  appoint  two  assistant  engineers,  one 
state  architect,  one  architectural  designer,  three  architectural  draughts- 
men, two  engineers  draughtsmen,  one  testing  engineer,  one  mechanical 
engineer,  two  filing  clerks,  one  blue-print  pressman,  a  secretary,  two 
clerks  and  stenographers  and  one  porter  and  messenger,  and  such  addi- 
tional technical  assistance  and  help  as  the  advisory  board  may  in  their 
judgment  deem  necessary,  and  to  fix  their  salaries  and  compensation, 
who  shall  hold  office  at  the  pleasure  of  the  appointive  power,  and  who 
must  be  confirmed  by  the  advisory  board  before  proceeding  with  their 
duties.  Such  officers  and  employes  shall  not  be  eligible  for  appoint- 
ment unless  they  possess  special  qualifications  for  and  are  competent  to 
perform  the  duties  devolving  upon  them,  and  they  shall  devote  their 
entire  time  to  the  service  of  the  department.  [Amendment  approved 
March  20,  1909.     Stats.  1909,  p.  558.     In  effect  immediately.] 

Advisory  board,   meetings,   and  duties.     Plans  for  public  works.    May 

provide  for  work  by  day  labor. 

§  7.  The  advisory  board  shall  meet  at  such  times  as  the  work  of  the 
department  may  require  and  shall  meet  at  least  once  in  two  months. 
Said  board  shall  advise  with  the  state  engineer  and  state  architect  as 
necessity  requires  and  may  advise  with  the  boards  of  managers  or 
trustees  of  the  various  state  institutions  requiring  engineering  or  struc- 
tural work  and  with  any  state  commission  regarding  all  works  wherein 
such  commission  may  be  interested.  The  advisory  board  shall  approve 
all  plans  and  specifications  for  all  public  work  and  shall  determine 
the  kind,  quality  and  extent  of  all  public  work  of  the  state.  All  boards 
of  managers,  trustees  and  state  commissions  of  state  institutions  shall 
apply  to  the  department  of  engineering  for  plans  and  specifications  for 
all  public  works  coming  under  their  charge  and  before  accepting  any 
work  done  under  contract  shall  have  a  certificate  from  the  state  engi- 
neer who  shall  examine  and  certify  to  its  completion.  All  public  work 
coming  under  the  full  control  of  the  department  of  engineering  may 
upon  the  discretion  of  the  advisory  board  be  either  contracted  for  or 
done  by  day's  labor.  The  advisory  board  shall  have  the  power,  on 
the  approval  of  plans  and  specifications  by  the  state  engineer,  to  direct 
whether  any  building  or  structure  at  any  state  institution  shall  be  let 
by  contract  in  part  or  in  whole,  or  whether  said  building  or  structure 
shall  be  built  by  days  labor  in  part  or  in  whole,  but  after  approval  of 
the  plans,  specifications  and  estimates  by  the  advisory  board  of  the 
department  of  engineering,  if,  in  the  opinion  of  such  department  of  en- 
gineering, the  acceptance  of  any  bid  or  bids  shall  not  be  for  the  best 
interests  of  the  state,  or  if  in  the  opinion  of  such  department  of  engi- 
neering the  acceptance  of  any  further   bids   after  the   rejection   of  all 


Act  3812,  §  8  GENERAL  LAWS.  1223 

bids  submitted  shall  not  be  for  the  best  interests  of  the  state,  it  may 
be  legal  for  them  to  direct  that  the  work  or  improveraeut  of  any  state 
building,  road  or  any  other  improvement  be  done  i;pon  a  day's  labor 
basis.  Whenever  any  public  work  to  be  done  by  the  state  except  work 
on  property  of  the  state  on  the  water  front  of  the  city  and  county  of 
San  Francisco  under  the  jurisdiction  of  the  board  of  state  harbor  com- 
missioners is  placed  upon  a  day's  labor  basis,  it  is  especially  exempted 
from  any  law  on  or  relating  to  contracts  of  the  state.  The  full  con- 
trol of  such  day's  labor  work  is  placed  under  the  department  of  engi- 
neering and  said  department  shall  do  all  things  necessary  to  properly 
carry  out  the  work.  When  such  work  is  so  placed  upon  a  day's  labor 
basis,  any  appropriation  which  is  now  available,  or  which  is  now  or 
may  be  appropriated  to  become  available,  is  by  this  act  taken  out  of 
the  control  of  any  board  of  trustees,  directors,  commissioners,  officers 
or  other  body  to  whom  it  has  been  appropriated,  and  placed  exclusively 
under  the  control  of  the  department  of  engineering,  and  the  claims  for 
said  work  shall  be  approved  by  the  department  of  engineering,  and 
audited  by  the  board  of  examiners,  upon  whose  audit  the  controller  shall 
draw  his  warrant  and  the  treasurer  shall  pay  the  same.  The  depart- 
ment of  engineering  shall  have  the  power  to  receive  informal  bids  upon 
any  subdivision  of  the  day's  labor  work  and  the  state  engineer  may 
upon  the  approval  of  the  advisory  board  enter  into  an  agreement  for 
any  such  subdivisional  work  of  the  day's  labor  work.  [Amendment  ap- 
proved March  20,  1909.     Stats.  1909,  p.  560.     In  effect  immediately.] 

Supersedes  board  of  public  works.  River  and  harbor  improvements. 
§  8.  The  full  control  of  all  public  work  being  done  or  now  completed 
by  the  board  of  public  works  shall  be  assumed  by  the  department  of 
engineering  and  all  public  work  done  by  the  state,  except  as  otherwise 
provided  for  by  law,  shall  be  under  the  full  control  of  the  said  depart- 
ment. It  shall  be  the  duty  of  the  department  of  engineering  whenever 
required  by  the  advisory  iDoard  to  make  examinations  of  lands  subject 
to  inundation  and  overflow  by  flood  waters  and  of  the  waters  causing 
such  inundation  or  overflow  and  plans  and  estimates  of  the  cost  for 
works  to  regulate  and  control  such  flood  waters.  All  matters  of  drain- 
age, and  improving  and  rectifying  river  channels  and  other  work  on 
any  river  or  slough  flowing  into  San  Francisco  Bay,  San  Pablo  Bay  and 
Suisun  Bay,  and  also  the  tide  waters  flowing  into  said  bays,  shall  be 
placed  under  the  management  and  control  of  the  department  of  engi- 
neering whenever  the  law  provides  therefor.  The  department  of  en- 
gineering shall  have  charge  of  all  expenditures,  unless  otherwise  provided 
by  law  for  all  public  works  relating  to  general  river  and  harbor  im- 
provements, including  reclamation  and  drainage  of  lands.  It  may  pur- 
chase, construct  and  operate  one  or  more  dredges  or  any  other  needed 
appliances  to  promote  or  properly  carry  out  the  work  of  the  depart- 
ment. The  state  engineer  in  the  name  of  the  state  of  California,  may 
obtain  or  condemn  any  right  of  way  necessary  for  any  construction 
herein  named  and  shall  proceed  if  necessary,  to  condemn  under  the 
terms  of  the  Code  of  Civil  Procedure  relating  to  such  proceedings.     The 


1229  STATE   ENGINEERING.  Act  3812,  §§  9,  10 

department  shall  have  the  power  to  employ  such  additional  help  for  the 
performance  of  the  work  of  this  section  as  the  advisory  board  shall 
order  and  all  money  now  appropriated  to  the  board  of  public  works  and 
remaining  unexpended  shall  be  used  for  the  purposes  intended  by  the 
law,  by  the  department  of  engineering,  and  the  state  controller  shall 
transfer  said  funds  to  the  credit  of  the  department  of  engineering. 
Wherever  under  any  statutes  of  this  state  any  duty  or  obligation  the 
performance  of  which  is  imposed  upon  the  commissioner  of  public  works 
or  the  auditing  board  to  the  commissioner  of  public  works,  the  same 
shall  be  assumed  and  the  performance  of  the  same  shall  devolve  upon 
the  department  of  engineering. 

Control  of  state  highways. 

§  9.  The  department  of  engineering  shall  take  full  possession  and 
control  of  all  roads  which  have  been  declared  state  highways  enumerated 
as  follows:  The  Lake  Tahoe  wagon  road,  the  Sonora  and  Mono  road, 
the  Mono  Lake  Basin  road  and  all  other  state  highways  which  may 
hereafter  be  constructed  and  all  public  work  being  done  or  now  com- 
pleted by  the  department  of  highways.  All  expenditures  by  the  state 
for  highway  purposes  except  as  otherwise  hereafter  provided  by  law 
shall  be  under  the  full  charge  of  the  department  of  engineering,  and  all 
moneys  appropriated  for  such  purpose  shall  be  made  payable  upon  the 
proper  order  of  said  department  and  shall  be  audited  by  the  state  board 
of  examiners.  The  department  of  engineering,  through  its  state  engi- 
neer, shall  have  the  power  to  obtain  or  condemn  necessary  rights  of 
way  for  the  change  of  any  existing  state  highway  or  for  any  road 
placed  under  the  department's  charge  by  law  unless  otherwise  provided. 
It  shall  have  power  to  alter  or  change  the  route  of  a  road  and  shall  do 
all  things  necessary,  and  obtain  all  tools  and  implements  required  to 
properly  care  for  and  manage  the  roads  under  the  charge  of  the  de- 
partment. The  department  may,  in  its  discretion,  appoint  superintend- 
ents of  the  state  highways  who  shall  hold  office  at  the  pleasure  of  the 
appointive  power.  They  shall,  however,  be  confirmed  by  the  advisory 
board  and  shall  be  specially  qualified  in  road  work.  All  unexpended 
balances  of  money  now  existing  by  law  for  improvements  or  mainte- 
nance of  whatever  kind  under  the  department  of  highways,  and  the  Lake 
Tahoe  wagon  road  commissioner  shall  be  placed  under  the  control  of 
the  department  of  engineering,  and  the  state  controller  shall  transfer 
said  funds  to  the  credit  of  the  department  of  engineering.  Wherever 
under  any  statutes  of  this  state  any  duty  or  obligation  the  performance 
of  which  is  imposed  upon  the  department  of  highways,  the  same  shall 
be  assumed  and  the  performance  of  the  same  shall  devolve  upon  the 
department  of  engineering. 

Examine  highway  conditions.    Analyze  road  materials.     Forms  of  books. 

§  10.  The  department  of  engineering  shall  make  examination  into 
existing  highway  conditions  in  the  state  of  California,  and  shall,  further- 
more, make  such  investigations  within  the  state  as  will  put  at  the  service 
of  the  state  the  most  approved  methods  of  highway  improvement.     It 


Act  3812,  §§  11,  12  QENEBAL  LAWS.  1230 

shall  supply,  on  request,  without  charge,  any  information  relative  to 
highways  required  by  any  county  or  district  official  having  care  of  and 
authority  over  highways  within  this  state.  It  shall  collect  and  collate 
data  relating  to  the  geological  formation  of  the  state  in  so  far  as  it 
relates  to  material  suitable  for  highway  construction,  and  make  analyses 
and  tests  of  such  material  as  it  may  deem  suitable  for  highway  uses, 
with  the  view  of  determining  the  value  of  the  same  for  such  purposes. 
All  data  so  collected,  together  with  such  other  matters  of  value  or 
interest  to  the  people  of  the  state,  shall  be  published  in  bulletins,  or 
upon  maps  or  diagrams,  or  in  other  proper  form,  or  in  the  biennial  re- 
port of  the  de.partment,  as  it,  in  its  discretion,  shall  determine.  The 
department  shall  prepare  and  adopt  styles  and  forms  of  books  for  use 
by  officials,  in  which  to  keep  account  of  the  expenditure  of  highway 
money  and  all  other  records  or  proceedings  relating  to  highways.  It 
shall  prepare  such  forms  as  may  be  necessary  for  use  in  connection  with 
opening,  abandoning,  altering,  locating,  constructing,  maintaining,  ob- 
taining title  to,  or  otherwise  relating  to  proposed  state  highways;  and 
such  books  and  forms,  when  so  adopted,  shall  be  the  standard  for  use 
in  the  state.  Copies  of  them  shall  be  forwarded  to  the  various  officials 
who  are  charged  with  keeping  or  using  the  same,  and  such  officials  shall 
immediately  prepare  books  and  forms  after  the  style  shown  by  such 
standard,  and  shall  thereafter  use  them  exclusively  for  the  purposes 
for  which  they  are  intended.  It  shall  be  the  duty  of  the  department  to 
adopt  such  general  forms  for  the  surveying  of  state  highways,  mapping, 
and  keeping  of  the  notes  thereof,  and  the  permanent  marking  of  the 
same  on  the  ground,  as  it  shall  deem  necessary,  and  shall  issue  instruc- 
tions defining  such  general  forms  and  markings  to  the  person  having 
charge  of  the  making  of  such  surveys;  and  it  shall  thereafter  be  the 
duty  of  such  persons  to  follow  the  methods  prescribed  in  such  instrue- 
tiong.  The  department  of  engineering,  in  performance  of  its  duties, 
shall  have  the  power  to  call  upon  any  state,  county,  or  district  official 
to  furnish  it  with  any  information  contained  in  his  office  which  relates 
to  or  is  in  any  way  necessary  to  the  proper  performance  of  the  work 
of  said  department;  and  it  is  hereby  made  the  duty  of  such  officials  to 
furnish  such  information  without  cost. 

Architectural  work  of  state. 

§  11.  All  architectural  work  of  the  department  shall  be  under  the 
charge  of  the  state  architect,  and  it  shall  be  the  duty  of  said  architect 
to  make  plans  and  specifications  and  estimates  for  all  state  building 
work.  He  shall,  in  company  with  the  state  engineer,  visit  and  inspect 
all  completed  work  and  shall  certify  to  the  state  engineer  its  proper  or 
improper  completion.  The  state  architect  shall  have  general  charge 
under  the  state  engineer,  of  the  erection  of  all  buildings  and  must  have 
an  inspector  at  each  building  during  the  whole  time  of  its  construc- 
tion. 
One  assistant  engineer  to  be  assigned  to  San  Francisco  harbor.     Register 

of  work.     Draughtsman  to  harbor  board. 

§  12.     One  assistant  state  engineer  shall  be  assigned  to  the  state  board 
of  harbor  commissioners  at  San  Francisco,  where  he  shall  have  an  office. 


1281  STATE  ENGINEERING.  Act  3812,  §§  13,  14 

He  shall  prepare  such  plans  and  specifications  as  the  board  may  direct 
and  if  adopted  and  the  work  ordered  by  the  board  to  be  done,  must 
superintend  its  construction.  He  must  give  constant  attention  to  the 
condition  of  the  seawall  and  thoroughfare,  of  the  sheds,  wharves,  piers 
and  landings,  of  the  streets  or  parts  thereof  under  the  jurisdiction  of 
the  board  and  when  repairs  are  needed,  must  forthwith  report  to  the 
board  in  writing  their  nature  and  extent,  and  if  ordered  by  the  board, 
must  have  the  same  done  at  once.  He  must  keep  himself  informed  as  to 
the  depth  of  water  in  the  various  docks  and  slips  and  report  to  the 
board  from  time  to  time  what  dredging  is  required.  He  must  keep  a 
register  properly  indexed,  showing  the  date,  place  and  character  of  every 
piece  of  work  done  and  dock  dredged,  when  begun  and  finished,  with 
proper  descriptions  and  drawings.  He  shall  do  all  engineering  work  re- 
quired by  the  said  board  of  harbor  commissioners.  Said  assistant  engi- 
neer shall  be  subject  to  the  control,  at  all  times,  of  the  state  engineer, 
and  a  copy  of  all  work  under  his  charge  as  assistant  engineer  shall  be 
filed  in  the  ofl&ce  of  the  department  of  engineering.  A  complete  record 
of  cost  in  detail,  of  all  work  done  under  the  supervision  of  this  assistant 
engineer  shall  be  filed  with  the  department  of  engineering  upon  the 
completion  thereof.  One  engineer's  draughtsman  shall  be  assigned  to  the 
said  harbor  board  by  the  state  engineer,  and  the  advisory  board  of  the 
department  of  engineering  shall  employ  such  field  and  other  assistants 
to  the  foregoing  assistant  state  engineer  as  may  be  necessary  and  such 
field  and  other  assistants  shall  be  paid  from  the  San  Francisco  harbor 
improvement  fund. 

Co-operative  work  with  United  States  government.     Transfer  of  funds. 

§  13.  All  co-operative  engineering  work  now  existing  or  to  be  en- 
gaged in  by  the  state  with  the  United  States  government  shall  be  placed 
under  the  department  of~"engineering.  All  plans,  estimates  and  specifi- 
cations shall  be  approved  by  the  state  engineer  and  the  advisory  board 
shall  have  full  power  to  determine  the  kind,  quality  and  extent  of  such 
work  under  co-operation  with  said  government  before  entering  into 
agreement  with  said  government  for  such  work.  All  unexpended  moneys 
provided  for  by  law  on  the  aforesaid  co-operative  basis  shall  be  expressly 
placed  under  the  full  control  of  the  department  of  engineering,  and  the 
state  controller  shall  transfer  such  funds  to  the  credit  of  the  said  de- 
partment. Hereafter  plans,  estimates  and  specifications  for  such  work 
shall  be  filed  in  the  ofiice  of  the  said  department. 

Impounding  of  debris  from  mines.    State  engineer  to  advise  with  debris 

commission. 

§  14.  It  shall  be  the  duty  of  the  state  engineer  to  consult  and  advise 
with  the  members  of  the  corps  of  engineers  of  the  United  States  army 
comprising  the  California  debris  commission  (created  by  act  of  Con- 
gress, approved  March  first,  eighteen  hundred  and  ninety-three),  in  rela- 
tion to  the  construction  of  works  for  the  restraining  and  impounding  of 
debris  resulting  from  mining  operations,  natural  erosion,  or  other  causes; 
and  it  shall  be  his  duty  to  examine  such  works  and  to  report  the  result 
of  such  examination  to  the  advisory  board.     Said  state  engineer  is  fur- 


Act  3812,  §  15  GENERAL  LAWS.  1232 

ther  authorized  and  directed  to  consult  and  advise  with  said  "California 
Debris  Commission"  in  relation  to  any  and  all  plans  and  specifications 
that  may  have  been  or  may  hereafter  be  prepared  or  adopted  by  said 
"California  Debris  Commission,"  for  the  construction  of  such  restraining 
or  impounding  works,  and  said  state  engineer  shall  file  a  copy  of  all 
such  plans  and  specifications  in  the  office  of  the  department.  Whenever 
the  advisory  board  approves  said  plans  and  specifications  the  state  engi- 
neer shall  notify  the  "California  Debris  Commission."  Whenever  said 
"California  Debris  Commission"  or  the  government  of  the  United  States 
shall  have  entered  into  any  contract  for  the  construction  of  works  for 
the  purposes  described  in  this  act,  in  pursuance  of  plans  and  specifica- 
tions that  have  been  theretofore  approved  by  the  advisory  board  as  in 
this  act  provided,  it  shall  then  be  the  duty  of  the  state  engineer  to 
cause  such  work  to  be  carefully  inspected  during  the  progress  of  their 
construction  and  to  keep  a  record  of  the  result  of  such  inspection.  Said 
state,  engineer  shall  also  from  time  to  time,  during  the  progress  of  the 
construction  of  such  works,  when  requested  so  to  do  by  the  said  "Cali- 
fornia Debris  Commission,"  present  his  claims  to  the  state  board  of 
examiners  in  favor  of  such  person  or  persons,  as  may  be  designated  by 
said  "California  Debris  Commission"  for  such  amounts  as  shall  equal  one- 
half  of  the  cost  of  the  construction  of  said  works;  and  said  state  engi- 
neer shall  in  like  manner,  and  when  requested  so  to  do  by  said 
"California  Debris  Commission,"  present  his  claims  to  the  state  board  of 
examiners  for  an  amount  equal  one-half  the  purchase  price  of  any  site 
or  sites  necessary  for  the  construction  of  said  works;  provided,  that  the 
purchase  of  said  site  or  sites  shall  have  been  first  approved  by  the 
advisory  board.  All  unexpended  balances  of  money  provided  by  law 
for  the  work  under  the  debris  commissioner  shall  be  placed  to  the  credit 
of  the  department  of  engineering  by  the  state  controller.  Whenever 
under  any  statutes  of  the  state  any  duty  or  obligation  the  performance 
of  which  is  imposed  upon  the  debris  commissioner,  the  same  shall  be 
assumed  and  the  performance  of  the  same  shall  devolve  upon  the  de- 
partment of  engineering. 

Assistance  on  public  works,  employment  of.     How  paid.     Reports  of  in- 
spectors. 

§  15.  When  in  his  judgment  it  is  deemed  necessary,  the  state  engi- 
neer, subject  to  the  approval  of  the  advisory  board,  shall  employ  such 
assistance  on  the  public  work  of  the  state  or  on  public  work  at  any 
state  institution  as  may  be  necessary  for  the  proper  discharge  of  his 
duties,  and  shall  under  like  restrictions,  have  the  authority  to  purchase 
any  supplies,  instruments,  tools  and  conveniences  as  may  be  necessary 
for  the  proper  discharge  of  the  duties  of  the  department  of  engineering. 
All  employees  of  the  department  of  engineering,  when  employed  upon 
public  work  at  or  for  any  state  institution  in  this  state  shall  be  paid, 
unless  otherwise  provided,  from  the  revolving  fund  hereinafter  created, 
and  the  amount  of  such  payment  shall  be  a  charge  against  the  institu- 
tion for  which  such  work  is  performed,  and  when  collected  from  said 
institution  by  the   department  of   engineering,   shall  be   paid  into   said 


1233  STATE  ENGINEERING.  Act  3812,  §§  16,  17 

revolving  fund.  In  all  other  cases  such  employees  shall  be  paid  by  the 
depart Jient  of  engineering.  All  inspectors  employed  by  the  state  engi- 
neer on  any  public  work  shall  render  to  the  state  engineer  a  full,  true 
and  correct  report  of  the  kind,  manner  and  progress  of  all  work  upon 
which  he  is  such  inspector.  Any  inspector  who  shall  render  a  false 
report  knowing  the  same  to  be  false  shall  be  guilty  of  a  felony.  It  shall 
be  the  duty  of  the  state  engineer  to  keep  a  full,  true  and  correct  de- 
tailed account  of  the  cost  of  all  work  done  under  the  control  of  the 
department  of  engineering,  and  with  the  consent  of  the  advisory  board, 
may  employ  a  clerk  for  the  proper  compiling  thereof.  Such  accounts 
shall  be  always  open  to  the  inspection  of  the  public.  [Amendment  ap- 
proved March  20,  1909.     Stats.  1909,  p.  561.     In  effect  immediately.] 

Biennial  report  of  engineer.     Duty  of  state  printer. 

§  16.  The  state  engineer  shall  prepare  biennial  reports  which  shall  be 
submitted  to  the  governor  at  least  thirty  days  before  each  session  of 
the  legislature.  Said  report  shall  embrace  the  work  and  investigations 
of  the  department  under  his  charge  for  the  previous  two  years,  together 
with  such  recommendationg  for  changes  in  the  laws  affecting  the  depart- 
ment as  he  may  deem  advisable,  and  shall  suggest  and  recommend  changes 
relating  to  the  road  systems  or  administration  within  the  state.  It 
shall  be  the  duty  of  the  state  printer  to  print  all  reports,  bulletins  or 
other  matter  and  furnish  any  other  necessary  illustrations  or  diagram 
therefor  as  the  department  may  deem  necessary,  all  of  which  shall 
however,  be  subject  to  the  approval  of  the  state  board  of  examiners. 

Salaries  of  engineers  and  assistants.    How  paid.     Bonds.     Oath  of  office. 

Traveling  expenses. 

§  17.  The  state  engineer  shall  receive  the  sum  of  five  thousand  dol- 
lars ($5,000)  per  annum;  each  assistant  state  engineer  shall  receive 
three  thousand  dollars  ($3,000)  per  annum;  the  state  architect  shall  re- 
ceive forty-eight  hundred  dollars  ($4800)  per  annum;  each  of  the  five 
draughtsmen  shall  receive  two  thousand  dollars  ($2,000)  per  annum;  the 
architectural  designer  shall  receive  twenty-four  hundred  dollars  ($2-100) 
per  annum;  the  mechanical  engineer  shall  receive  twenty-seven  hun- 
dred dollars  ($2700)  per  annum;  the  testing  engineer  shall  receive 
twenty-one  hundred  dollars  ($2100)  per  annum;  each  of  two  filing  clerks 
shall  receive  eighteen  hundred  dollars  ($1800)  per  annum;  the  secretary 
shall  receive  twenty-four  hundred  dollars  ($24(TO)  per  annum;  the  blue- 
print pressman  shall  receive  fifteen  hundred  dollars  ($1500)  per  annum; 
each  clerk  and  stenographer  shall  receive  fifteen  hundred  dollars 
($1500)  per  annum,  and  the  porter  and  messenger  shall  receive  nine  hun- 
dred dollars  ($900)  per  annum.  Such  salaries  shall  be  paid  at  the  same 
time  and  in  the  same  manner  as  are  the  salaries  of  other  state  officers. 
The  two  assistant  state  engineers  and  the  state  architect  shall  each 
furnish  the  state  with  a  bond  in  the  sum  of  ten  thousand  dollars 
($10,000)  for  the  faithful  performance  of  their  duties.  Said  bonds  must 
be  approved  by  the  governor  of  the  state  of  California  and  filed  in  the 
office  of  the  secretary  of  state.  Each  and  every  one  of  the  above-men- 
Gen.  Laws — 78 


Act  3812,  §§  18-22  GENERAL  LAWS.  1234 

tioned  officers  shall  take  the  oath  of  office  as  prescribed  for  other  state 
officers.  The  members  of  the  advisory  board,  the  state  engineer  and  the 
officers  and  employees  of  the  department  of  engineering  shall  be  allowed 
their  necessary  traveling  expenses  while  engaged  in  the  discharge  of 
their  duties  within  the  state.  [Amendment  approved  March  20,  1909. 
Stats.  1909,  p.  562.     In  effect  immediately.] 

Auditing  of  bills.     Attorney  general  is  legal  adviser. 

§  18.  The  state  board  of  examiners  shall  audit  all  bills  or  claims  in- 
curred by  the  department  of  engineering  and  the  state  engineer  shall 
present  claims  to  said  board  for  all  expenditures  directly  under  his 
charge.  The  attorney  general  of  the  state  shall  be  the  legal  adviser  of 
the  department  of  engineering  and  the  said  department  shall  call  upon 
the  attorney  general  of  the  state  for  all  such  legal  advice  and  services 
as  the  discharge  of  its  duties  may  require. 

Appropriation  for  salaries. 

§  19.  The  sum  of  $10,000  is  hereby  appropriated  out  of  any  money  in 
the  state  treasury  not  otherwise  appropriated  to  provide  and  maintain 
a  permanent  revolving  fund  for  the  payment  of  the  salaries  and  wages 
of  employees  in  the  department  of  engineering  when  employed  upon 
public  work  at  or  for  any  state  institution  other  than  those  employees 
whose  salaries  are  fixed  and  determined  by  section  17  of  this  act. 
Such  payment  so  made  for  salaries  and  wages  shall  be  charged  against 
the  institution  for  which  such  work  is  performed  and  in  favor  of  the 
department  of  engineering,  and  when  collected  by  said  department,  shall 
be  paid  into  the  revolving  fund  hereby  created.  [Amendment  approved 
March  20,  1909.     Stats.  1909,  p.  562.     In  effect  immediately.] 

Certain  commissions  to  transfer  all  their  property. 

§  20.  It  shall  be  the  duty  of  the  auditing  board  to  the  commissioner 
of  public  works,  the  commissioner  of  public  works,  the  state  highway 
commissioner,  the  debris  commissioner  and  the  Lake  'Tahoe  wagon  road 
commissioner  to  transfer  to  the  state  controller  all  of  the  property, 
books,  reports  and  papers  and  maps  of  every  description  which  is  state 
property,  and  the  said  controller  shall  transfer  all  of  said  things  and 
property  to  the  department  of  engineering. 

Repeal  of  act  creating  commissioner  of  public  works. 

§21.  An  act  entitled  "An  act  creating  a  commissioner  of  public 
works,  defining  his  duties  and  powers  and  fixing  his  compensation,"  ap- 
proved February  ninth,  nineteen  hundred,  and  all  acts  or  parts  of  acts 
amendatory  thereof  are  hereby  expressly  repealed. 

Repeal  of  act  creating  department  of  highways. 

§  22.  An  act  entitled  "An  act  to  create  a  department  of  highways 
for  the  state  of  California,  to  define  its  duties  and  powers,  to  provide 
for  the  appointment  of  officers  and  employees  thereof,  and  to  provide  for 
the  compensation  of  said  officers  and  employees,  and  for  the  additional 
expenses  of  said  department,  and  to  make  an  appropriation  therefor  for 


1235  STATE  ENGINEERING.  Act  3813 

the    remainder    of    the    forty-eighth    fiscal    year,"    approved    April    first, 
eighteen  hundred  and  ninety-seven,  is  hereby  expressly  repealed. 

Repeal  of  act  creating  auditing  board. 

§  23.  An  act  entitled  "An  act  providing  for  the  appointment  of  an 
auditing  board  to  the  commissioner  of  public  works,  authorizing  and 
directing  him  and  them  to  perform  certain  duties  relating  to  drainage, 
to  purchase  machinery,  tools,  dredges,  and  appliances  therefor,  to  im- 
prove and  rectify  water  channels,  to  erect  works  necessary  and  inci- 
dent to  said  drainage,  to  condemn  land  and  property  for  the  purposes 
aforesaid,  making  certain  acts  a  felony,  and  making  an  appropriation  of 
money  for  the  purposes  of  this  act,"  approved  March  seventeen,  eighteen 
hundred  and  ninety-seven,  and  all  acts  or  parts  of  acts  amendatory 
thereof  are  hereby  expressly  repealed. 

Repeal  of  act  creating  debris  commissioner. 

§24.  An  act  entitled  "An  act  to  provide  for  the  appointment,  duties 
and  compensation  of  a  debris  commissioner,  and  to  make  an  appropria- 
tion to  be  expended  under  his  directions  in  the  discharge  of  his  duties 
as  such  commissioner,"  approved  March  twenty-fourth,  eighteen  hun- 
dred and  ninety-three,  and  all  acts  or  parts  of  acts  amendatory  thereof 
are  hereby  expressly  repealed. 

Repeal  of  act  creating  Lake  Tahoe  wagon  road  commissioner. 

§25.  An  act  entitled  "An  act  to  create  the  office  of  Lake  Tahoe 
wagon  road  commissioner,  providing  the  term  of  office  and  compensation 
of  such  commissioner,  defining  its  duties,  and  making  an  appropriation 
for  the  salary  and  expenditures  provided  for  and  authorized  by  this 
act,"  approved  April  first,  eighteen  hundred  and  ninety-seven,  and  all 
acts  or  parts  of  acts  amendatory  thereof  are  hereby  expressly  repealed. 

§  26.  All  acts  or  parts  of  acts  in  conflict  with  the  provisions  of  this 
act  are  hereby  repealed. 

ACT  3813. 

An  act  providing  for  topographic  surveys  and  investigations  of  the 
water  resources  of  the  state  and  making  an  appropriation  there- 
for. 

[Approved  April  22,  1909.     Stats.  1909,  p.  1079.] 

§  1.  The  department  of  engineering  is  hereby  empowered  to  carry  on 
topographic  survej^s  and  investigations  into  matters  pertaining  to  the 
water  resources  of  the  state  along  the  lines  of  hydrography,  hydro- 
economics  and  the  use  and  distribution  of  water  for  agricultural  pur- 
poses, and  to  that  end,  where  possible  and  to  the  best  interest  of  the 
state,  shall  enter  into  contracts  for  co-operation  with  the  different  de- 
partments of  the  federal  government  in  such  amounts  as  may  be  an 
equitable  and  necessary  division  of  the  work.  The  state  engineer,  with 
the  consent  of  the  governor,  may  maintain  and  continue  such  investiga- 
tions where  there  is  available  money  not  covered  by  co-operation  con- 


Acts  3814-3817  GENERAL  LAWS.  123G 

tract.  For  the  permanent  maintenance  of  said  surveys  and  investigations 
there  is  hereby  continuously  appropriated  out  of  the  general  fund  of 
the  state  treasury  for  each  and  every  fiscal  year,  commencing  with  the 
date  upon  which  this  act  becomes  effective,  the  sum  of  thirty  thousand 
dollars. 

§  2.     This  act  shall  take  effect  immediately. 

ACT  3814. 

An  act  appropriating  money  to  be  expended  by  and  under  the  direction 
of  the  department  of  engineering  for  the  purpose  of  rectifying  the 
channels  of  the  Sacramento,  San  Joaquin  and  Feather  rivers,  and 
other  river  channels  of  the  state,  and  improving  the  navigability  of 
such  streams.  [Approved  April  12,  1909.  Stats.  1909,  p.  850.] 
This   act   appropriated   $150,000   for   the  purposes   indicated. 

ACT  3815. 

An  act  appropriating  money  to  be  expended  by  and  under  the  direction 
of  the  department  of  engineering  for  the  purpose  of  rectifying  the 
channels  of  the  Sacramento,  San  Joaquin  and  Feather  rivers,  and 
other  river  channels  of  the  state,  and  in  improving  the  navigability 
of  such  streams.  [Approved  March  21,  1907.  Stats.  1907,  p.  849.] 
This  act  appropriated  $125,000  for  the  purposes  indicated. 

ACT  3818. 

An  act  to  provide  for  the  accomplishment  of  the  work  of  the  direct  im- 
provement of  the  navigation  of  the  Sacramento,  San  Joaquin  and 
Feather  rivers  of  the  state  of  California  as  recommended  in  the 
special  report  of  the  California  debris  commission,  dated  June  30, 
1907,  and  made  jointly  by  John  Biddle,  lieutenant-colonel,  corps  of 
engineers,  C.  H.  McKinstry,  major,  corps  of  engineers,  and  Thomas 
H.  Jackson,  captain,  corps  of  engineers,  of  the  United  States  army, 
and  printed  with  the  annual  report  of  the  chief  of  engineers  of  the 
United  States  army,  for  the  fiscal  year  ending  June  30,  1907,  and 
making  an  appropriation  for  such  work.  [Approved  March  10,  1909. 
Stats.  1909,  p.  249.] 
This  act  appropriated  $400,000  for  the  purposes  indicated. 

ACT  3817. 

An  act  to  provide  for  the  accomplishment  of  the  work  of  the  direct  im- 
provement of  the  navigation  of  the  Sacramento,  San  .Toaquin  and 
Feather  rivers  of  the  state  of  California,  as  recommended  in  the 
special  report  of  the  California  debris  commission,  dated  June  30, 
1907,  and  made  jointly  by  Brigadier  General  A.  Mackenzie,  chief 
of  engineers,  C.  H.  McKinstry,  major,  corps  of  engineers,  and 
Thomas  H.  Jackson,  captain,  corps  of  engineers,  of  the  United 
States  army,  and  printed  with  the  annual  report  of  the  chief  of 
engineers   of   the   United   States  army,  for   the   fiscal  year  ending 


1237  STATE  FLOWER^STATE  LANDS.  Acts  3819-3826 

June  30.  1907,  and   making  an  appropriation   for  such   work.     [Ap- 
proved February  12,   1909.     Stats.   1909,  p.  14.] 
Repealed  1909,  p.   754. 
This  act  appropriated  $400,000  for  the  purposes  indicated. 

TITLE  484. 
STATE  FLOWER. 
ACT  3819. 

An  act  to  select  and  adopt  the  "golden  poppy"  as  the  state  flower  of  Cali- 
fornia.    [Approved  March  2,  1903.     Stats.  1903,  p.  78.] 

TITLE  485. 
STATE  GEOLOGICAL  SURVEY. 
ACT  3821. 

Distribution  of  reports  of.     [Stats.   1871-72,  p.  55.] 
Supplemented  1871-72,   p.   924. 

TITLE  486. 
STATE  LANDS. 
ACT  3825. 

An  act  forfeiting  to  the  state  of  California  all  payments  for  state  lands 

where  a  fraudulent  title  was  sought  to  be  obtained  thereto. 

[Approved  March  20,  1905.     Stats.  1905,  p.  388.] 

§  1.  Whenever  it  shall  appear  by  final  decree  of  any  court  of  compe- 
tent jurisdiction  that  title  to  any  lands  subject  to  sale  by  the  state  of 
California  was  obtained,  or  sought  to  be  obtained,  by  fraudulent  means, 
or  in  any  manner  contrary  to  the  laws  of  this  state  relating  to  the 
acquisition  of  its  public  domain,  all  payments  made  in  the  interest  of 
said  fraudulent  title  shall  revert  to  the  state  of  California  without  suit, 
and  it  shall  thereupon  become  the  duty  of  the  state  surveyor  general 
and  ex  officio  register  of  the  state  land  office  to  cancel  all  evidence  of 
title  to  any  land  embraced  in  such  fraudulent  or  invalid  location,  and  to 
restore  said  land  to  public  entry. 

§  2.     This  act  shall  take  eflfect  from  and  after  the  date  of  its  passage. 

ACT  3826. 

An  act  providing  for  the  presentation  and  cancellation  of  unlocated 
school  land  warrants  of  the  state  of  California,  issued  under  the 
act  of  the  state  of  California,  approved  May  3,  1852,  providing  for 
the  disposal  of  the  five  hundred  thousand  acres  of  land  donated  to 
the  state  of  California  by  the  government  of  the  United  States, 
and  .Authorizing  the  controller  of  this  state  to  draw  his  warrant  on 
the  state  treasurer  for  the  sum  of  two  dollars  per  acre,  in  favor  of 
any  bona  fide  owner  and  holder  of  any  such  land  warrant,  for  every 


Act  3827  GENERAL  LAWS,  1238 

acre  represented  by  any  such  land  warrant.     [Approved  March  23, 
1893.     Stats.  1893,  p.  181.] 

ACT  3827. 

An  act  to  provide  for  the  applications  for  purchase  of  sixteenth  and 
thirty-sixth  sections,  and  to  regulate  the  application  for  purchase 
of  such  sections,  and  requiring  a  deposit  to  accompany  all  applica- 
tions for  the  purchase  of  the  same. 

[Approved  March  20,  1889.     Stats.  1889,  p.  434.] 
Citations.      Cal.  139/626. 

Purchase  of  sixteenth  and  thirty-sixth  sections. 

§  1.  Every  application  to  purchase  any  portion  of  the  sixteenth  and 
thirty-sixth  sections  shall  be  accompanied  by  a  deposit  of  twenty  dollars, 
in  addition  to  the  fee  for  filing  now  required  by  law,  for  which  the 
surveyor  general  shall  give  the  applicant  a  receipt,  which  receipt  shall 
be  accepted  by  the  county  treasurer  in  part  payment  of  the  purcliase 
price  of  said  land.  If  the  applicant  shall  abandon  or  forfeit  his  said 
application,  or  shall  fail  to  make  proper  proof  as  to  the  character  of 
the  said  land,  or  as  to  his  residence  thereon,  within  the  time  allowed  by 
law,  or  if  his  application  shall  be  rejected  by  reason  of  any  falsf-  state- 
ment in  the  affidavit  herein  contained,  the  twenty  dollars  thus  paid  shall 
go  to  the  state  school  fund.  If  it  is  found  that  the  surveyor  general 
erred  in  receiving  the  application,  or  that  the  state  cannot  make  a  good 
title  to  the  land,  then  the  applicant  or  his  assigns  may  surremler  to 
the  surveyor  general  the  said  receipt,  and  receive  in  exchange  therefor 
a  certificate  showing  the  amount  so  paid,  and  the  reason  why  the  ap- 
plication could  not  be  approved  or  perfected,  and  the  controller,  upon 
the  surrender  to  him  of  the  said  surveyor  general's  certificate,  shall 
issue  to  the  applicant,  or  his  assigns,  a  warrant  for  the  said  amount. 

Filings. 

§2.  Any  number  of  filings  on  any  section  of  land  is  hereby  permitted 
and  allowed  under  the  provisions  of  this  act.  Should  the  first  filing  be 
abandoned  by  the  applicant,  the  next  filing  on  such  section,  in  order, 
shall  have  the  same  right  as  if  it  had  been  the  first  filing. 

Moneys  to  go  to  school  land  deposit  fund. 

§  3.  The  moneys  received  by  the  surveyor  general  under  the  provisions 
of  this  act,  except  the  moneys  forfeited  under  section  1,  shall  be  paid 
to  the  state  treasurer  at  the  close  of  each  month,  and  must  be  placed  in 
a  fund,  to  be  called  "School  Land  Deposit  Fund,"  to  the  credit  of  the 
county  in  which  the  lands  applied  for  are  situated.  When  any  moneys 
are  placed  in  the  "School  Deposit  Fund"  to  the  credit  of  a  county,  the 
controller,  at  the  next  settlement  with  the  controller  by  the  treasurer  of 
such  county,  must  draw  his  warrant  upon  the  state  treasurer  for  the 
amount  in  the  fund  to  the  credit  of  the  county;  provided,  that  the  direc- 
tion herein  to  the  controller  is  exempted  from  the  operations  of  section 
672  of  the  Political  Code. 


1239  STATE  LANDS.  Acts  3828.  3829 

ACT  3828. 

An  act  respecting  the  payment  in  full  by  holders  of  certificates  of  pur- 
chase for  lands  sold  by  the  state  of  California  prior  to  March  27, 
1872,  and  for  which  the  said  state  has  at  any  time  heretofore  issued 
certificates  of  purchase  to  subsequent  purchasers. 

[Approved  March  20,  1889.     Stats.  1889,  p.  428.] 

When  holders  of  certificates  of  purchase  of  state  lands  deemed  to  have 
forfeited  their  rights  therein. 
§  1.  Whenever  application  has  been  made  to  purchase  land  from  this 
state,  and  payment  only  in  part  has  been  made  to  the  treasurer  of  the 
proper  county  for  the  same,  and  a  certificate  of  purchase  has  been  issued 
to  the  applicant  prior  to  the  twenty-seventh  day  of  March,  eighteen 
hundred  and  seventy-two,  and  whenever  such  applicant,  his  assignee  or 
assignees,  shall  have  failed  for  five  years  to  pay  to  the  state  the  arrears 
of  principal  or  of  interest  due  to  the  state  for  said  land,  and  the  state 
shall  at  any  time  heretofore  have  issued  a  certificate  of  purchase  for  the 
same  land,  or  any  part  thereof,  to  a  subsequent  purchaser,  then,  unless 
the  holder  or  holders  of  such  prior  certificate  shall  pay  the  entire  residue 
of  the  interest  remaining  unpaid  for  such  purchase  within  six  months 
from  and  after  the  passage  of  this  act,  such  holder  or  holders  shall  be 
deemed  to  have  lost  all  right  to  the  land  described  in  said  certificate,  or 
to  complete  the  purchase  of  such  land,  and  all  moneys  heretofore  paid 
to  the  state  of  California  on  such  purchase  shall  be  deemed  and  taken 
to  be  forfeited  to  the  state.  Nothing  herein  contained,  however,  shall 
be  deemed  or  taken  to  give  to  or  confer  upon  the  holder  or  holders  of 
such  prior  certificates,  or  any  of  them,  as  against  the  state  of  California, 
or  any  subsequent  purchasers  therefrom,  or  against  the  holders  of  subse- 
quent certificates  of  purchase,  any  other  or  greater  right  to  the  lands 
herein  referred  to  than  is  now  held  by  the  holder  or  holders  of  such 
prior  certificates,  or  to  confer  upon  such  holder  or  holders  any  new  right, 
or  to  affect  or  impair  the  rights  of  such  subsequent  purchasers  or  their 
assigns. 

Previous  part  payment  confers  no  special  rights — Does  not  apply. 

§  2.  The  mere  fact  of  previous  part  payment  shall  not  of  itself  confer 
on  such  prior  purchaser  or  his  assigns  any  right  to  complete  the  pur- 
chase, if  he  or  they  be  not  otherwise  entitled  so  to  do,  as  against  the 
state,  and  a  subsequent  purchaser  or  his  assigns;  provided,  that  this  act 
shall  not  apply  to  any  action  now  pending  commenced  within  five  years. 

§3.     This  act  shall  take  effect  from  and  after  the  date  of  its  passage. 
In  addition   consult  the  following  acts: 

ACT  3829. 

Ceding  to  the  United  States  of  America  jurisdiction  over  all  lands  within 
this  state  which  have  been  or  may  hereafter  be  acquired  by  the 
United  States  for  military  purposes.  [Approved  March  2,  1897. 
Stats.  1897,  p.  51.] 


Acts  3830-3837  GENERAL  LAWS.  1240 

ACT  3830. 

Ceding  to  the  United  States  of  America  jurisdiction  over  lands  in  this 
state  ceded  to  the  United  States.  [Approved  March  31,  1891.  Stats. 
1891,  p.  262.] 

ACT  3831. 

Kelinquishing  to  the  United  States  of  America  the  title  of  this  state  to 
certain   lands.     [Approved  March  9,   1897.     Stats.   1897,   p.   74.] 
This   act   relinquished   the   title   to    tide    lands   adjacent   to    lands   held   by   the 
United  States  for  military  purposes. 

ACT  3832. 

To  authorize  the  governor  and  surveyor  general  to  sell  and  convey  the 

state's  interest  in  certain  lands.     [Approved  March  31,  1891,     Stats^. 

1891,  p.  251.] 

This  act  authorized  the  sale  of  certain  lands  to  the  claimants  and  occupants 
thereof. 

ACT  3833. 

To  legalize  applications  heretofore  made  for   the   purchase   of  lands  be- 
longing to  this  state,  and  to  confirm  the  title  of  the  purchasers  under 
such    applications.     [Approved    March    27,    1872.     Stats.    1871-72,    p. 
622.] 
Citations.      Cal.  55/104;  69/426,438;  117/463. 

ACT  3834. 

For  the  relief  of  purchasers  of  state  lands.     [Approved  March  27,  1872. 
Stats.  1871-72,  p.  587.] 
Amended   1877-78,    p.   914. 

Citations.  Cal.  46/26;  52/376;  55/122;  56/224,  225,  226,  228;  62/259; 
63/30;  68/543;  73/363;  74/112,  398;  83/106;  85/534,  535;  99/308;  107/ 
547,    548. 

ACT  3835. 

An  act  to  enable  purchasers  of  state  lands  to  redeem  the  same,  where 
their  titles  have  been  or  may  hereafter  be  foreclosed  for  nonpayment 
of  interest.     [Approved  March  7,  1881.     Stats.  1881,  p.  65.] 
Citations.      Cal.  115/333;  144/425. 

ACT  3836. 

To  provide  for  an  examination  into  the  sale  and  disposal  of  state  lands. 
[Approved  April  1,  1876.     Stats.  1875-76,  p.  798.] 
This  act  created  a  commission  to  hold  office  for  one  year  for  the  above  purpose. 

ACT  3837. 

To  protect  bona  fide   settlers  upon  public  lands.      [Approved  March  23, 
1874.     Stats.    1873-74,   p.   543.] 
Citetions.     Cal.  105/150,  151. 


1241  STATE  LIBRARY— STATE  PRISONS.  Acts  3838-3856 

ACT  3838. 

To  reserve  from  sale  the  north  half  of  section  sixteen  in  township  seven 

south    and    range    three    east,    Monte    Diablo    meridian.     [Approved 

April  1,  1876.     Stats.  1875-76,  p.  679.] 

ACT  3839. 

For   the    protection   of   settlers   on   public   lands   claimed   by   the   state. 
[Approved  March  10,  1874.     Stats.  1873-74,  p.  327.] 
Amended  1881,  p.  72:   See  Political  Code,    §§  3441,  3443. 

TITLE  487. 
STATE  LIBRARY. 
ACT  3844. 

State   library,   establishing   cabinet   department  in.     [Stats.    1871-72,   p. 

824.] 

"Further   duties   of   librarian   terminated  by   transfer   of   the   mineral   specimens 

to  the  mining  bureau  by  senate   concurrent  resolution   No.   10   of  March  4,   1881 

(1881,    p.    102);    transferred    to    Crocker   Art    Gallery,    1887,    p.    74,    c.   LX." — 

Code  Commissioners'  Note. 

TITLE  488. 
STATE  PRINTER. 
ACT  3849. 

Relating  to.     [Stats.  1871-72,  p.  871.] 
Superseded   by   Political   Code,    §  540,    subd.   4,    relating   to    superintendent    of 
state  printing. 

ACT  3850. 

State  printing-office,  establishing.     [Stats.  1871-72,  p.  554.] 
Superseded  and  repealed  by  Political  Code,   §§  526-540. 

TITLE  489. 

STATE  PRISONS. 

ACT  3855. 

To  define    regulate,  and  govern  the  state  prisons  of  California.     [Stats. 
1880,  p.  67.] 

Amended   1881,  p.   79.      Superseded  by   1889,   p.   404. 

See  ante,  Act  2762. 

Unconstitutional  in  part:   See  People  v.  Chapman,  61  Cal.  262. 

ACT  3856. 

To  regulate  and  govern.     [Stats.  1889,  p.  404.] 
Amended    1905,   pp.    520,    724. 
See  ante,  Act  2763. 


Acts  3857-3863  GENERAL  LAWS.  1242 

ACT  3857. 

Branch  state  prison  near  Folsom,  erection  and  maintenance  of.     [Stats. 
1873-74,  p.  785.] 
Superseded  by  1889,  p.  404. 

ACT  3858. 

Appropriating  money  for  building  workshops  and  prison  buildings  at  San 
Quentin.     [Approved  March   31,   1876.     Stats.   1875-76,  p.   643.] 

ACT  3859. 

Concerning  the  payment  of  the  expenses  and  costs  of  the  trial  of  con- 
victs for  crimes  committed  in  the  state  prison,  and  to  pay  the  costs 
of   the   trial    of    escaped   convicts,   and    to    pay   for   the    expense   of 
coroner's  inquests  in  said  prison.     [Stats.  1880,  p.  43.] 
This  act  is  in  full  in  Appendix,  Penal  Code,  p.  2018. 
See  ante,  Act  736. 

ACT  3860. 

Providing  for  the  erection  and  operation  of  rock-crushing  plants  at  the 
gtate  prisons,  for  the  preparation  of  highway  material  for  the  benefit 
of  the  people  of  the  state,  and  providing  for  the  necessary  advances 
and  appropriation  of  money  to  carry  out  said  work.  [Stats,  1895, 
p.  274.] 
In  full  in  Appendix,  Penal  Code,  p.  2137. 

ACT  3861. 

To    regulate    and    govern    the    operation    of    the    rock-crushing   plant    at 
Folsom,  to  provide  for  the  sale  of  crushed  rock  and  the  disposition 
of  the  revenues  derived  therefrom.     [Stats.  1897,  p.  99.] 
In  full  in  Appendix,  Penal  Code,  p.  2140. 

ACT  3862. 

Directing  the  state  prison  directors  of  the  state  of  California  to  employ 

at  least  twenty  prisoners  in  the  construction  of  roads  to   the  state 

prisons  at  San  Quentin  and  at  Folsom.     [Approved  March  12,  1903. 

Stats.  1903,  p.  127.] 

This    act    appears   in   full    in  Appendix,    Penal    Code,    p.    2146.     See    ante.    Act 
2774. 

ACT  3863. 

To  protect  the  public  health,  to  prevent  the  introduction  and  spreading 
of  disease,  and  to  provide  for  the  protection  of  the  health  of  crim- 
inals under  sentence  on  a  conviction  of  a  misdemeanor.  [Statg. 
1883,  p.  280.] 

This  act  provided  for   the  cutting  of  the   hair  of  prisoners.     See   Penal   Code, 
S  1615 


1243  STATE  TREASURER — STATUTES.  '     Acts  3864-3882 

ACT  3864. 

To    prohibit   the    sale   of   ardent   spirits   within    two    miles    of    the   state 
prison.     [Stats.  1855,  p.  108.] 
Superseded  by  Penal   Code,   §  172. 

ACT  3865. 

To  authorize  and  empower  the  state  board  of  prison  directors  to  purchase 
California-grown    hemp,    to    be    used    in    the    manufacture    of    grain 
bags,  and  to  fix  the  price  at  which  such  bags  shall  be  sold.     [Ap- 
proved March  16,  1901.     Stats.  1901,  p.  515.] 
This  act  appears  in  full  in  Appendix,  Penal  Code,  p.  2143. 

ACT  3866. 

To  establish  a  board  of  parole  commissioners  for  the  parole  of  and  gov- 
ernment of  paroled  prisoners.     [Stats.   1893,  p.   183.] 

Amended  1901,  p.   62. 

In  full  in  Appendix,  Penal  Code,  p.  2147. 

TITLE  490. 
STATE  TREASUEEE. 
ACT  3871. 

To  increase  the  number  of  clerks  in  the  office  of.     [Stats.  1889,  p.  303.] 
Repealed  1895,  p.  88. 

TITLE  491. 
STATUTE  OF  LIMITATIONS. 
ACT  3876. 

Respecting  limitation  of  actions.     [Stats.  1871-72,  p.  319.] 
Citations.      Cal.  104/486. 

Superseded  by  Code  of  Civil  Procedure,   §  348. 

This    act   appears   in   full   in  Appendix,   Code   of   Civil   Procedure,   p.    1974.     It 
•  related  to  actions  on  bankers'   certificates  of  deposit  found  after  the   decease  of 
a  party. 

ACT  3877. 

Defining  time  for  commencing  civil  actions,  supplementing  act  of  April 
22,   1850.     [Stats.   1871-72,  p.  401.] 
Codified  and  superseded  by  Code  of   Civil  Procedure,    §  348. 
This   act   appears   in   full    in  Appendix,   Code   of   Civil   Procedure,   p.    1974.     It 
provided  that  there  should  be  no  limitation   against  banks  and  trust   companies. 

TITLE  492. 
STATUTES. 
ACT  3882. 

To   abolish    all   laws    except    those   passed     during   the   present   session. 
[Stats.  1850,  p.  342.] 


Acts  3883-3902  GENERAL  LAWS.  1244 

ACT  3883. 

Fixing  the  time  when  general  laws  shall  take  effect.  [Stats.  1860,  p.  16. j 
Amended  1861,  p.  77.     Superseded  by  Political  Code,    §  323. 

TITLE  493. 

STEAMBOATS. 
ACT  3888. 

To  guard  against  the  destruction  of  property  by  fire  by  means  of  sparks 
from  the  chimneys  of  steamboats  navigating  certain  waters  of  this 
state.     [Stats.  1857,  p.  121.] 

This    act    required   steamboats    on    the    San    Joaquin    or    Sacramento    rivers    to 
use   spark-catchers.     It  has  been  superseded  by  Political  Code,    §§  2374-2377. 

TITLE  494. 
ST.  HELENA. 
ACT  3894. 

Incorporating.     [Stats.  1875-76,  p.  444.] 
Amended  1877-78,   p.   791.      Superseded  by  incorporating,   in  1889,  under  the 
Municipal  Corporation  Act  of   1883. 

TITLE  495. 
STOCKTON. 
ACT  3898. 

Eeincorporating.     [Stats.  1871-72,  p.  595.] 
Amended  1873-74,  pp.   193,   439;   1875-76,  p.   523;    1877-78,  p.  220.      Super- 
seded by  the  charter  of  Stockton,  1899,  p.  577.      See  Act  3899. 

ACT  3899. 

Charter  of  Stockton.     [Stats.  1889,  p.  578.] 
Amended   1905,   p.   832. 
Citations.      Cal.  148/587. 

ACT  3900. 

Assessor  of,  additional  powers  of.     [Stats.  1877-78,  p.  65.] 
Superseded  by  charter  of  Stockton,   1889,  p.   514. 

ACT  3901. 

City  council  empowered  to  protect  citv  from  inundation.     [Stats.   1875- 
76,  p.   12.] 
Superseded  by  charter  of  that  city,   1889,  p.   577. 

ACT  3902. 

Empowering    to    excavate,    widen,    and    open    Mormon    Slough.     [Stats. 
1871-72,  p.  540.] 
"Probably    superseded   by    charter    of    Stockton,    §§  146    to    164;    Stats.    1889, 
p.   612."— Code  Commissioners'   Note. 


1245  STOCKTON  SLOUGH— STREETS.  Acts  3903-3925 

ACT  3903. 

Katifying  ordinance  No.  64.     [Stats.  1877-78,  p.  201.] 
This  act   authorized   the  receipt  and  disposal  of  certain   lands. 

ACT  3904. 

To  provide  for  the  construction  and  maintenance  of  an  open  canal  from 
and  along  North  Street,  to  the  San  Joaquin  Elver,  for  sanitary  and 
drainage  purposes,  and  to  appropriate  money  therefor.  [Approved 
March  12,  1887.     Stats.  1887,  p.  109.] 

The  act  authorized  the  directors  of  the  insane  asylum  to  construct  the  above 
canal. 

TITLE  496. 
STOCKTON  SLOUGH. 
ACT  3909. 

Declaring  navigable.     [Stats.  1871-72,  p.  117.] 
Superseded  by  Political  Code,   §  2349,   as  amended  1891,   §  96. 

TITLE  497. 
STEAWBERRY  VALLEY. 
ACT  3914. 

Defining  the  locality  of  the  village  of  Strawberry  Valley.     [Stats.  1860, 
p.  115.] 

TITLE  498. 
STREET  EAILEOADS. 
ACT  3919. 

Concerning  street  railroads.     [Stats.  1863,  p.  296.] 
This    act    provided    a    penalty    for    overcharges,    and    required    companies    to 
furnish  tickets.     It  has  been  superseded  by  the  Civil  Code,   §§  504,  505. 

ACT  3920. 

Concerning  street  railroads.     [Stats.  1869-70,  p.  481.] 
Amended   1869-70,   p.    786;    1871-72,    p.   515.     Probably   superseded  by   Civil 
Code,   §§  497-511. 

Citations.     Cal.  45/371. 

TITLE  499. 
STEEETS. 
ACT  3925. 

An  act  to  provide  for  the  planting,  maintenance  and  care  of  shade  trees 
upon  streets,  lanes,  alleys,  courts  and  places  within  municipalities, 
and  of  hedges  upon  the  lines  thereof;  also,  for  the  eradication  of 
certain  weeds  within  city  limits. 

[Approved  March  11,  1893.     Stats.  1893,  p.  153.] 
Amended  1909,  p.   331. 

§1.     All  streets,  lanes,  alleys,  places,   or  courts  in   the   municipalities 
of  this  state  now  open  or  dedicated,  or  which  may  hereafter  be  opened 


Act  3925,  §§2,  3  GENERAL  LAWS.  1246 

or  dedicated,  to  public  nse,  whose  grade  has  been  officially  established, 
and  which  have  been  actually  graded  in  conformity  therewith,  may  be 
planted  with  shade  trees,  along  the  edges  of  the  sidewalks  thereof,  by 
order  of  the  city  council,  which  shall  have  power,  also,  to  provide  for 
the  maintenance  and  care  of  the  same;  and  the  city  council  shall  have 
power  to  prescribe  the  height,  thickness,  and  manner  of  trimming  of 
all  hedges  set  out,  or  that  shall  hereafter  be  set  out,  along  the  line  of 
any  street,  lane,  alley,  place,  or  court  dedicated  to  public  use,  whether 
graded  or  not,  and  to  compel  compliance  with  its  ordinances  in  the 
premises  by  the  owners  or  occupants  of  the  lots  fronting  thereon.  The 
powers  hereby  conferred  upon  city  councils  shall  be  exercised  in  the 
manner  and  under  the  proceedings  hereinafter  described. 

§2.  The  city  council  of  any  municipality  in  the  state  may,  at  its 
discretion,  pass  a  resolution  of  intention  to  plant,  or  cause  to  be  planted, 
with  shade  trees,  any  graded  street,  lane,  alley,  place,  or  court  within 
the  limits  of  such  municipality.  Such  resolution  of  intention  may  em- 
brace the  entire  length  of  any  street,  lane,  alley,  place,  or  court,  or  any 
portion  thereof,  but  must  specify  the  kind  of  trees  to  be  planted,  their 
size,  age,  and  their  distance  apart.  The  street  superintendent  shall 
thereupon  cause  to  be  conspicuously  posted  along  both  sides  of  the  street 
mentioned  in  the  resolution,  at  not  more  than  three  hundred  feet  in 
distance  apart,  notices  of  the  passage  of  said  resolution.  Said  notice 
shall  be  headed  "Notice  to  plant  shade  trees,"  in  letters  not  less  than 
one  inch  in  length,  and  shall,  in  legible  characters,  set  forth  the  language 
of  the  resolution,  and  the  date  of  its  passage.  The  city  clerk  shall  also 
cause  a  copy  of  the  resolution  to  be  published  for  six  days  in  one  or 
more  daily  newspapers  published  and  circulated  in  said  city,  and  desig- 
nated by  said  city  council.  Should  there  be  no  daily  newspaper  published 
in  said  city  then  in  such  case  publication  may  be  made  of  such  resolu- 
tion, and  of  all  other  matters  herein  provided  to  be  published,  in  a 
weekly  newspaper,  published  and  circulated  in  said  city,  and  designated 
by  said  city  council.  [Amendment  approved  March  13,  1909.  Stats. 
1909,  p.  331.     In  effect  immediately.] 

§  3.  The  owners  of  a  majority  of  the  frontage  of  the  property  on  both 
sides  of  the  street  proposed  to  be  planted  as  aforesaid  may,  within  ten 
days  after  the  expiration  of  the  time  of  publication  of  said  resolution, 
file  their  written  statement  of  the  objections  to  the  proposed  work  with 
the  city  clerk,  which  must  be  signed  by  the  objectors,  each  one  writing 
after  his  or  her  name  the  number  of  feet  frontage  owned  by  him  or  her. 
Such  objection  must  show  wherein  the  parties  making  them  will  be  in- 
jured or  aggrieved  by  the  proposed  work,  and  if  the  objection  be  to  the 
kind  of  trees  proposed  to  be  planted,  they  must  name  some  other  kind 
of  tree  to  be  substituted  therefor.  The  city  council  shall,  at  its  next 
meeting  after  the  filing  of  said  objections,  fix  a  time  for  hearing  the 
same,  not  less  than  one  week  thereafter.  The  city  clerk  shall  thereupon 
notify  each  objector,  or  his  agent,  who  has  signed  his  or  her  name  to  the 
statement,  by  depositing,  in  the  postofiice  of  said  city  a  notice  addressed 


1247  STREETS.  Act  3925,  §§  4,  5 

to  him  or  her,  postage  prepaid,  notifying  the  objectors  of  the  time  and 
place  of  hearing.  At  the  time  specified,  the  council  shall  hear  the  objec- 
tions urged,  and  pass  upon  the  same,  and  its  decision  shall  be  final  and 
conclusive,  except  that  in  the  choice  of  trees  to  be  planted,  it  shall  be 
governed  by  the  written  request  of  the  owners  of  a  majority  of  the 
frontage  on  both  sides  of  the  street  which  it  is  proposed  to  plant.  If 
the  objections  be  sustained,  no  further  proceedings  shall  be  taken  under 
the  resolution  of  intention  for  six  months  after  the  date  of  its  passage. 
If  it  be  again  proposed  to  plant  the  street,  the  council  shall  commence 
proceedings  de  novo  as  if  no  action  had  been  previously  taken. 

§  4.  At  the  expiration  of  ten  days  after  the  expiration  of  the  time  of 
publication  of  said  resolution  of  intention,  if  no  written  objections  to 
the  work  therein  described  shall  have  been  filed  with  the  city  clerk,  as 
hereinbefore  provided,  otherwise,  immediately  upon  the  overruling  of 
the  objections  by  the  council,  the  council  shall  be  deemed  to  have  ac- 
quired jurisdiction  to  order  to  be  done  the  work  which  is  authorized  by 
this  act,  which  order  shall  be  published  for  two  days  in  the  same  papers 
and  manner  as  provided  for  the  publication  of  the  resolution  of  intention. 

§  5.  Before  passing  any  resolutions  for  the  planting  of  any  street,  the 
city  council  shall  cause  notice,  with  specifications,  to  be  posted  conspicu- 
ously for  five  days  near  the  door  of  the  council  chamber,  and  shall 
advertise  the  same  for  five  days  in  the  same  manner  and  papers  as  here- 
tofore provided  for  the  publication  of  the  resolution  of  intention,  invit- 
ing sealed  proposals  for  bids  for  furnishing  the  trees  and  doing  the  work 
ordered.  All  bids  shall  state  the  sum  or  price  for  which  the  bidder  will 
undertake  to  furnish  the  trees,  of  the  kind,  age,  and  size  required,  and 
will  suitably  prepare  the  ground,  set  out  the  trees,  warrant  every  one  of 
them  to  grow,  or  replace  all  that  fail  to  grow  or  receive  damage  from 
whatever  cause  with  others  of  the  same  kind,  and  of  suitable  age  and 
size  to  preserve  uniformity,  and  will  for  three  years  care  for,  cultivate, 
protect,  irrigate,  and  trim  said  trees.  And  no  order  for  the  planting  of 
any  street  shade  trees  shall  be  made  that  does  not  likewise  provide  for 
the  care  and  maintenance  of  the  trees  for  three  years  by  the  contractor 
planting  the  trees.  All  proposals  or  bids  shall  be  accompanied  by  a 
check  payable  to  the  order  of  the  mayor  or  president  of  the  city  council, 
certified  by  a  responsible  bank,  for  an  amount  which  shall  not  be  less 
than  ten  per  cent  of  the  aggregate  of  the  proposal.  Said  proposals  or 
bids  shall  be  delivered  to  the  clerk  of  the  city  council,  indorsed  "Pro- 
posals to  plant  trees,"  and  said  council  shall,  in  open  session,  examine 
and  publicly  declare  the  same;  provided,  that  no  proposal  or  bid  shall 
be  considered  unless  accompanied  by  said  cheek.  The  council  may  reject 
all  proposals,  should  it  deem  this  for  the  public  good,  and  shall  reject 
the  bid  of  any  party  who  has  been  delinquent  or  unfaithful  in  any 
former  contract  with  the  municipality,  and  may  award  the  contract  to 
the  lowest  responsible  bidder,  at  the  prices  named  in  his  bid,  whi?h 
award  shall  be  approved  by  the  mayor  or  president  of  the  council. 
Notice   of   such   awards   of    contract   shall   be    posted    and    advertised    for 


Act  3925,  §§  6-8  GENERAL  LAWS.  1248 

five  days,  in  the  manner  hereinbefore  provided,  and  it  shall  be  the  duty 
of  the  superintendent  of  streets  to  enter  into  a  contract  with  the  bidder 
to  whom  the  work  shall  have  been  awarded  by  the  council,  and  at  the 
prices  specified  in  his  bid;  whereupon  the  certified  checks  of  all  the  other 
bidders  shall  be  returned  to  them,  respectively.  But  if  such  lowest  bid- 
der neglects,  fails,  or  refuses,  for  fifteen  days  after  the  first  posting 
and  publication  of  the  award,  to  enter  into  the  contract,  then  the  city 
council,  without  further  proceedings,  shall  again  advertise  for  proposals 
or  bids,  as  in  the  first  instance,  and  shall  award  the  contract  for  said 
work  to  the  then  lowest  bidder.  If  the  contractor  who  shall  have  taken 
any  oontract  shall  not  complete  the  planting,  within  the  time  limited  in 
the  contract,  or  within  such  further  time  as  the  council  may  give  him, 
the  superintendent  of  streets  shall  report  such  delinquency  to  the  council, 
which  may  relet  the  unfinished  portion  of  the  planting  and  the  future 
care  of  the  trees,  after  pursuing  the  formalities  hereinbefore  prescribed 
for  the  letting  of  the  whole  in  the  first  instance. 

§  6.  All  contractors  shall,  at  the  time  of  executing  any  contract  for 
the  planting  and  care  of  trees,  execute  a  bond  to  the  satisfaction  of  the 
mayor  or  president  of  the  city  council,  with  two  or  more  sureties,  and 
payable  to  the  city  in  such  sums  as  the  mayor  or  president  of  the  council 
shall  deem  adequate,  conditioned  for  the  faithful  performance  of  the 
contract,  and  the  sureties  shall  justify  before  the  recorder  or  a  justice  of 
the  peace,  in  aouble  the  amount  mentioned  in  such  bond,  over  and  above 
all  statutory  exemption.  Before  being  entitled  to  any  contract,  the 
bidder  to  whom  the  award  shall  have  been  made  must  pay  into  the  city 
treasury  the  cost  of  the  publication  of  notices,  resolutions,  and  orders, 
and  all  other  incidental  expenses  required  under  the  proceedings  pre- 
scribed by  this  act. 

§7.  All  work  done  under  the  provisions  of  this  statute  shall  be  exe- 
cuted under  the  direction  of  the  superintendent  of  streets,  whose  duty 
it  shall  be,  under  the  general  control  of  the  council,  to  see  that  all  the 
obligations  assumed  by  contractors  towards  the  city  are  faithfully  com- 
plied with,  and  that  all  trees  furnished  are  sound,  healthy,  free  from 
infection  by  insects,  and  of  the  kind,  size,  and  age  called  for  by  the 
contract.  He  shall  certify  to  the  completion  of  all  work,  or  portion  of 
work,  which,  by  the  terms  of  the  contract,  shall  entitle  the  contractor 
to  payment  in  whole  or  in  part,  and  the  presentation  of  his  certificate 
by  the  contractor  shall  be  a  condition  precedent  to  each  payment  that 
shall  become  due  under  the  contract. 

§8.  All  sums  due  to  contractors  under  the  provisions  of  this  act  shall 
be  payable  by  installments,  as  follows,  to  Wit:  Not  more  than  one-half 
the  entire  consideration  in  the  contract  shall  be  payable  on  the  com- 
pletion of  the  planting,  and  out  of  this  amount  the  superintendent  of 
streets  shall  see  that  the  trees  are  paid  for,  to  the  party  furnishing  the 
same;  one-half  the  balance  at  the  end  of  eigliteen  months  after  the  com- 
pletion of  the  planting;  provided,  all  conditions  shall  have  been  com- 
plied with;  the  remaining  one-half  to  be  paid  at  the  end  of  three  years 


1249  STREETS.  Act  3925,  §§  9,  10 

after  the  completion  of  the  planting;  provided,  all  conditions  shall  have 
been  complied  with. 

§  9.  Immediately  upon  the  execution  of  any  contract  for  the  planting 
and  care  of  street  trees  under  the  provisions  of  this  a*ct,  it  shall  be  the 
duty  of  the  city  assessor  to  make  an  assessment  to  cover  the  sum  to 
become  due  for  the  work  specified  in  such  contract  (including  all  inci- 
dental expenses)  upon  the  lots  and  land  fronting  on  the  street,  lane, 
alley,  court,  or  place  to  which  such  contract  relates,  each  lot  or  portion 
of  a  lot  being  separately  assessed,  in  proportion  to  the  frontage,  at  a 
rate  per  foot  front  sufficient  to  cover  the  total  expenses  of  the  work. 
Said  assessment  shall  briefly  refer  to  the  contract,  the  work  contracted 
for,  and  shall  show  the  amount  to  be  paid  therefor,  together  with  any 
incidental  expenses,  the  rate  per  foot  front  assessed,  the  amount  of 
each  assessment,  the  name  of  the  owner  of  each  lot,  if  known  to  the 
assessor  (if  unknown,  the  word  "Unknown"  shall  be  written  opposite  the 
number  or  description  of  the  lot,  with  the  amount  assessed  thereon). 
And  the  assessor  shall  attach  to  said  assessment  a  diagram,  exhibiting 
the  street,  lane,  alley,  place,  or  court  on  which  the  work  is  contracted 
to  be  done,  and  showing  the  relative  location  and  frontage  of  such  lot, 
numbered  to  correspond  with  the  numbers  in  the  assessment.  To  said 
assessment  shall  be  attached  a  warrant,  which  shall  be  signed  by  the 
superintendent  of  streets,  and  countersigned  by  the  mayor  or  president 
of  the  council.  Tlie  said  assessments  and  warrants  shall  be  separately 
issued  for  each  payment  that  shall  be  due  the  contractor,  as  specified 
in  section  8  of  this  act,  and  shall  be  substantially  in  the  following  form: 

Form  of  the  Warrant. 
By  virtue  hereof,  I   (name   of   the   superintendent   of  streets),   of   the 

city  of  ,  county  of  ,  and  state   of  California,  by  virtue  of  the 

authority  vested  in  me  as  said  superintendent  of  streets,  do  authorize 
and  empower  (name  of  contractor),  his  agents  or  assigns,  to  demand 
and  receive  the  several  assessments  upon  the  assessment  and  diagram 
hereto  attached,  and  this  shall  be  his  warrant  for  the  same. 

Date  ,  .     (Name  of  superintendent  of  streets.) 

Countersigned  by  (name  of  mayor  or  president  of  council.) 

Eecorded   (date  ,  ).     (Name   of  superintendent  of  streets.) 

Said  warrant,  assessment,  and  diagram  shall  be  recorded  in  the  office 
of  the  superintendent  of  streets.  When  so  recorded,  the  several  amounts 
assessed  shall  be  a  lien  upon  the  lands,  lots,  or  portions  of  lots,  assessed, 
respectively,  for  the  period  of  two  years  from  the  date  of  said  recording, 
unless  sooner  discharged.  From  and  after  the  date  of  said  record,  all 
persons  interested  in  any  manner  in  any  or  all  of  the  lots  assessed  shall 
be  deemed  to  have  notice  of  the  contents  of  said  record. 

§  10.  After  said  warrant,  assessment,  and  diagram  shall  have  been 
recorded,  the  same  shall  be  delivered  to  the  contractor,  his  agents  or 
assigns,  on  demand,  who  shall  thereby  be  authorized  to  demand  and 
receive  the  amounts  of  the  several  assessments.  In  default  whereof,  and 
as  regards  enforced  collections,  interest,  cost,  and  penalties,  and  the 
Gen.  Laws — 79 


Acts  3926,  3927  GENERAL  LAWS.  1250 

correction  of  errors,  the  same  proceedings  are  to  be  had  as  are  specified 
in  sections  9,  10,  11,  12,  16,  and  17  of  an  act  entitled  "An  act  to  provide 
for  work  upon  streets,  lanes,  alleys,  courts,  places,  and  sidewalks,  and 
for  the  construction  of  sewers  within  municipalities,"  approved  March 
eighteenth,  eighteen  hundred  and  eighty-five,  amended  March  fourteenth, 
eighteen  hundred  and  eighty-nine. 

§  11.  The  city  council  of  every  municipality  in  this  state  has  juris- 
diction of  the  hedges  and  fences  placed  by  property  owners  along  street 
lines,  and  may,  by  ordinance,  prohibit  the  planting  of  thorn-bearing 
hedges  and  the  use  of  barbed-wire  along  street  lines,  and  may  regulate 
the  height,  width,  and  the  mode  of  trimming  hedges,  and  enforce  ordi- 
nances enacted  for  such  purposes  against  absentees,  or  other  negligent 
or  recusant  owners  or  occupants  of  lots  or  lands  on  which  hedges  are 
maintained.  They  may  also  condemn  as  public  nuisances,  any  or  all 
weeds  whose  seeds  are  of  a  winged  or  downy  nature,  and  are  spread  by 
the  winds,  and  may  compel  the  eradication  of  such  weeds  by  the  owners 
of  the  lots  whereon  they  grow,  or  at  their  expense. 

§  12.  The  city  council  or  trustees  of  every  municipality  shall  provide 
for  the  replacement  of  missing  trees,  and  for  the  trimming  and  care  of 
all  trees  that  have  or  shall  have  been  planted  for  three  or  more  years 
in  the  streets  and  highways,  whether  such  planting  shall  have  been  done 
under  this  act  or  otherwise;  the  expense  whereof  must  be  defrayed  out 
of  the  street  fund,  and  the  work  be  done  by  the  superintendent  of  streets 
of  such  municipality. 

§  13.  This  act  shall  only  apply  to  such  municipalities  as  shall  by 
vote  of  the  electors  residing  therein  determine  to  come  within  its  pro- 
vision*. 

§  14.     This  act  shall  take  effect  from  and  after  its  passage. 

ACT  3926. 

To  provide  for  the  improvement  of  streets,  etc.,  and  the  construction  of 
sewers   within    municipalities.     [Stats.    1883,   p.   32.] 

Repealed    1885,   p.   165. 

Citations.      Cal.  69/473;   73/75,  78,  85;   86/553;   98/618. 

ACT  3927. 

An  act  to  provide  for  laying  out,  opening,  extending,  widening,  straight- 
ening, or  closing  up  in  whole  or  in  part  any  street,  square,  lane, 
alley,  court  or  place  within  municipalities,  and  to  condemn  and  ac- 
quire any  and  all  land  and  property  necessary  or  convenient  for 
that  purpose. 

[Approved  March  6,  1889.     Stats.  1889,  p.  70.] 
Amended   1909,   p.    1034. 

Repealed   as   to    cities   over   40,000,   Act   3931,   post. 

Citations.      Cal.   86/39,   43,   44;    95/458,   459;    97/13;    98/616;    99/540;    100/ 
435;     101/19,     23,     508,     511;     102/517;     104/307;     109/51;     113/632.     634; 


1251  STREETS.  Act  3927,  §§  1-4 

115/558;  119/165;  123/206,  207,  208;  124/277.  336,  388,  340,  505;  125/640; 
127/665,  666,  667;  132/236;  133/6;  150/562;  153/292. 

Laying  out,  opening,  closing,  etc.,  streets,  lanes,  alleys,  etc. 

§  1.  Whenever  the  public  interest  or  convenience  may  require,  the 
cit.y  council  of  any  municipality  shall  have  full  power  and  authority  to 
order  the  opening,  extending,  widening,  straightening,  or  closing  up  in 
whole  or  in  part  of  any  street,  square,  lane,  alley,  court,  or  place  within 
the  bounds  of  such  city,  and  to  condemn  and  acquire  any  and  all  land 
and  property  necessary  or  convenient  for  that  purpose. 

Resolution  of  council  declaring  intention  to  perform  street  work. 

§  2.  Before  ordering  any  work  to  be  done  or  improvement  made 
which  is  authorized  by  section  one  of  this  act,  the  city  council  shall  pass 
a  resolution  declaring  its  intention  to  do  so,  describing  the  work  or 
improvement,  and  the  land  deemed  necessary  to  be  taken  therefor,  and 
specifying  the  exterior  boundaries  of  the  district  of  lands  to  be  affected 
or  benefited  by  said  work  or  improvement,  and  to  be  assessed  to  pay 
the  damages,  cost,  and  expenses  thereof. 

Street  superintendent  to  post  notice. 

§3.  The  street  superintendent  shall  then  cause  to  be  conspicuously 
posted  along  the  line  of  said  contemplated  work  or  improvement,  at  not 
more  than  three  hundred  feet  in  distance  apart,  but  not  less  than  three 
in  all,  notices  of  the  passage  of  said  resolution.  Said  notice  shall  be 
headed  "Notice  of  Public  Work,"  in  letters  not  less  than  one  inch  in 
length,  shall  be  in  legible  characters,  state  the  fact  of  passage  of  the 
resolution,  its  date,  and,  briefly,  the  work  or  improvement  proposed,  and 
refer  to  the  resolution  for  further  particulars.  He  shall  also  cause  a 
notice,  similar  in  substance,  to  be  published  for  a  period  of  ten  days 
in  one  or  more  daily  newspapers  published  and  circulated  in  said  city, 
and  designated  by  said  city  council;  or  if  there  is  no  daily  newspaper 
so  published  and  circulated  in  said  city,  then  by  four  successive  inser- 
tions in  a  weekly  or  semi-weekly  newspaper,  so  published,  circulated, 
and  designated. 

Interested  person  may  file  objections. 

§  4.  Any  person  interested  objecting  to  said  work  or  improvement, 
or  to  the  extent  of  the  district  of  lands  to  be  affected  or  benefited  by 
said  work  or  improvement,  and  to  be  assessed  to  pay  the  cost  and  ex- 
penses thereof,  may  make  written  objections  to  the  same  within  ten  days 
after  the  expiration  of  the  time  of  the  publication  of  said  notice,  which 
objection  shall  be  delivered  to  the  clerk  of  the  city  council,  who  shall 
indorse  thereon  the  date  of  its  reception  by  him,  and  at  the  next  meet- 
ing of  the  city  council  after  the  expiration  of  said  ten  days  lay  said 
objections  before  said  city  council,  which  shall  fix  a  time  for  hearing 
said  objections,  not  less  than  one  week  thereafter.  The  city  clerk  shall 
thereupon  notify  the  persons  making  such  objections,  by  depositing  a 
notice  thereof  in  the  postoffice  of  said  city,  postage  prepaid,  addressed 
to    such   objector. 


Act  3927,  §§  5-8  GENERAL  LAWS.  1252 

Decision  of  council  to  "be  final. 

§5.  At  the  time  specified  or  to  which  the  hearing  may  he  adjourned, 
the  said  city  council  shall  hear  the  objections  urged,  and  pass  upon  the 
same,  and  its  decision  shall  be  final  and  conclusive.  If  such  objections 
are  sustained,  all  proceedings  shall  be  stopped,  but  proceedings  may  be 
again  commenced  at  any  time  by  giving  notice  of  intention  to  do  said 
work  or  make  said  improvement.  If  such  objection  is  overruled  by  the 
city  council,  the  proceedings  shall  continue  the  same  as  if  such  objection 
had  not  been  made.  At  the  expiration  of  the  time  prescribed  during 
which  objections  to  said  work  or  improvement  may  be  made,  if  no 
objection  shall  have  been  made,  or  if  an  objection  shall  have  been  made, 
and  said  council,  after  hearing,  shall  have  overruled  the  same,  the  city 
council  shall  be  deemed  to  have  acquired  jurisdiction  to  order  any  of 
the  work  to  be  done,  or  improvements  to  be  made,  which  is  authorized 
by  section  1  of  this  act. 

Jurisdiction. 

§  6.  Having  acquired  jurisdiction  as  provided  in  the  preceding  section, 
the  city  council  shall  order  said  work  to  be  done,  and  unless  the  pro- 
posed work  is  for  closing  up,  and  it  appears  that  no  assessment  is  neces- 
sary, shall  appoint  three  commissioners  to  assess  benefits  and  damages, 
and  have  general  supervision  of  the  proposed  work  or  improvement  until 
the  completion  thereof  in  compliance  with  this  statute.  For  their  ser- 
vices, they  shall  receive  such  compensation  as  the  city  council  may 
determine  from  time  to  time;  provided,  that  such  compensation  shall  not 
exceed  two  hundred  dollars  per  month  each,  nor  continue  more  than  six 
months,  unless  extended  by  order  of  the  city  council.  Such  compensa- 
tion shall  be  added  to  and  be  chargeable  as  a  part  of  the  expenses  of 
the  work  or  improvement.  Each  of  said  commissioners  shall  file  with 
the  clerk  of  the  city  council  an  affidavit,  and  a  bond  to  the  state  of 
California,  in  the  sum  of  five  thousand  dollars,  to  faithfully  perform  the 
duties  of  his  office.  The  city  council  may  at  any  time  remove  any  or  all 
of  said  commissioners  for  cause,  upon  reasonable  notice  and  hearing, 
and  may  fill  any  vacancies  occurring  among  them  for  any  cause. 

Commissioners  to  employ  assistance. 

§  7.  Said  commissioners  shall  have  power  to  employ  such  assistance, 
legal  or  otherwise,  as  they  may  deem  necessary  and  proper;  also  to  rent 
an  office,  and  provide  such  maps,  diagrams,  plans,  books,  stationery,  fuel, 
lights,  postage,  expressage  and  incur  such  incidental  expenses  as  they 
may  deem  necessary. 

Expenses  to  be  a  charge  upon  the  particular  work  required. 

§  8.  All  such  charges  and  expenses  shall  be  deemed  as  expenses  of 
said  work  or  improvement,  and  be  a  charge  only  upon  the  funds  devoted 
to  the  particular  work  or  improvement,  as  provided  hereinafter.  All 
payments,  as  well  for  the  land  and  improvements  taken  or  damaged, 
as  for  the  charges  and  expenses,  shall  be  paid  by  the  city  treasurer, 
upon  warrants  drawn  upon  said  fund  from  time  to  time,  signed  by  said 
commissioners,  or   a  majority   of  them.     All   such  warrants   shall   state 


1253  STREETS.  Act  3927,  §§  9-H 

whether  they  are  issued  for  land  or  improvements  taken  or  damaged, 
or  for  charges  and  expenses,  and  that  the  demand  is  paj^able  only  out 
of  the  money  in  said  fund,  and  in  no  event  shall  the  city  be  liable  for 
the  failure  to  collect  any  assessment  made  by  virtue  hereof,  nor  shall 
said  warrant  be  payable  out  of  any  other  fund,  nor  [be]  a  claim  against 
the  city. 

Assessment  for  damages. 

§9.  Said  commissioners  shall  proceed  to  view  the  lands  described 
in  the  resolution  of  intention,  and  may  examine  witnesses  on  oath  to  be 
administered  by  any  one  of  them.  Having  viewed  the  land  to  be  taken, 
and  the  improvements  affected,  and  considered  the  testimony  presented, 
they  shall  proceed,  with  all  diligence,  to  determine  the  value  of  the 
land,  and  the  damage  to  improvements  and  property  affected,  and  also 
the  amount  of  the  expenses  incident  to  said  work  or  improvement,  and 
having  determined  the  same  shall  proceed  to  assess  the  same  upon  the 
district  of  lands  declared  benefited,  the  exterior  boundaries  of  which 
were  fixed  by  the  resolution  of  intention  provided  for  by  section  2 
hereof.  Such  assessment  shall  be  made  upon  the  lands  within  said  dis- 
trict in  proportion  to  the  benefit  to  be  derived  from  said  work  or  im- 
provement, so  far  as  the  said  commissioners  can  reasonably  estimate  the 
same,  including  in  such  estimate  the  real  property  of  any  railroad  com- 
pany within  said  district,  if  such  there  be,  and  may  also  include  in  such 
estimate  any  or  all  public  property  within  said  district.  [Amendment 
approved  April  21,  1909.     Stats.   1909,  p.  1034.     In  effect  immediately.] 

Report  to  council  accompanied  with  a  plat  of  the  assessment  district. 

§  10.  Said  commissioners  having  made  their  assessment  of  benefits 
and  damage,  shall,  with  all  diligence,  make  a  written  report  thereof  to 
the  city  council,  and  shall  accompany  their  report  with  a  plat  of  the 
assessment  district  showing  the  land  taken  or  to  be  taken  for  the  work 
or  improvement,  and  the  lands  assessed,  showing  the  relative  location 
of  each  district,  block,  lot,  or  portion  of  lot,  and  its  dimensions,  so  far 
as  the  commissioners  can  reasonably  ascertain  the  same.  Each  block  and 
lot,  or  portion  of  lot,  taken  or  assessed,  shall  be  designated  and  described 
in  said  plat  by  an  appropriate  number,  and  in  reference  to  it  by  such  de- 
scriptive number  shall  be  a  sufficient  description  of  it  in  any  suit  entered 
to  condemn,  and  in  all  respects.  When  the  report  and  plat  are  approved 
by  the  city  council,  a  copy  of  said  plat,  appropriately  designated,  shall 
be  filed  by  the  clerk  thereof  in  the  office  of  the  recorder  of  the  county. 

Report  what  must  specify. 

§  11.  Said  report  shall  specify  each  lot,  subdivision,  or  piece  of  prop- 
erty taken  or  injured  by  the  widening  or  other  improvement,  or  assessed 
therefor,  together  with  the  name  of  the  owner  or  claimants  thereof,  or 
of  persons  interested  therein  as  lessees,  encumbrancers,  or  otherwise,  so  far 
as  the  same  are  known  to  such  commissioners,  and  the  particulars  of  their 
interest,  so  far  as  the  same  can  be  ascertained,  and  the  amount  of  value 
or  damage,  or  the  amount  assessed,  as  the  case  may  be. 


Act  3927,  §§  12-16  GENERAL  LAWS.  1254 

When  set  down  to  unknown  owners. 

§12.  If  in  any  case  the  commissioners  find  that  conflicting  claims  of 
title  exist,  or  shall  be  in  ignorance  or  doubt  as  to  the  ownership  of  any 
lot  of  land,  or  of  any  improvements  thereon,  or  of  any  interest  therein, 
it  shall  be  set  down  as  belonging  to  unknown  owners.  Error  in  the 
designation  of  the  owner  or  owners  of  any  land  or  improvements,  or  of 
the  particulars  of  their  interest,  shall  not  affect  the  validity  of  the  assess- 
ment or  of  the  condemnation  of  the  property  to  be  taken. 

Filing  of  report  and  plat,  and  publication  of. 

§  13.  Said  report  and  plat  shall  be  filed  in  the  clerk's  office  of  the 
city  council,  and  thereupon  the  clerk  of  said  city  council  shall  give 
notice  of  such  filing  by  publication  for  at  least  ten  days  in  one  or  more 
daily  newspapers  published  and  circulated  in  said  city;  or  if  there  be 
no  daily  paper,  by  three  successive  insertions  in  a  weekly  or  semi-weekly 
newspaper  so  published  and  circulated.  Said  notice  shall  also  require  all 
persons  interested  to  show  cause,  if  any,  why  such  report  should  not  be 
confirmed,  before  the  city  council  on  or  before  a  day  fixed  by  the  clerk 
thereof,  and  stated  in  said  notice,  which  day  shall  not  be  less  than  thirty 
days  from  the  first  publication  thereof. 

Objections  must  be  in  writing. 

§  14.  All  objections  shall  be  in  writing,  and  filed  with  the  clerk  of 
the  city  council,  who  shall,  at  the  next  meeting  after  the  day  fixed  in 
the  notice  to  show  cause,  lay  the  said  objections,  if  any,  before  the  city 
council,  which  shall  fix  a  time  for  hearing  the  same,  of  which  the  clerk 
shall  notify  the  objectors  in  the  same  manner  as  objectors  to  the  original 
resolution  of  intention;  at  the  time  set,  or  at  such  other  time  as  the 
hearing  may  be  adjourned  to,  the  city  council  shall  hear  such  objections 
and  pass  upon  the  same;  and  at  such  time,  or,  if  there  be  no  objections, 
at  the  first  meeting  after  the  day  set  in  such  order  to  show  cause,  or 
such  other  time  as  may  be  fixed,  shall  proceed  to  pass  upon  such  report, 
and  may  confirm,  correct,  or  modify  the  same,  or  may  order  the  com- 
missioners to  make  a  new  assessment,  report,  and  plat,  which  shall  be 
filed,  notice  given,  and  hearing  had,  as  in  the  case  of  an  original  report. 

Duty  of  clerk  of  council. 

§  15.  The  clerk  of  said  city  council  shall  forward  to  the  street  super- 
intendent of  the  city  a  certified  copy  of  the  report,  assessment,  and  plat, 
as  finally  confirmed  and  adopted  by  the  city  council.  Such  certified 
copy  shall  thereupon  be  the  assessment-roll.  Immediately  upon  receipt 
thereof  by  the  street  superintendent,  the  assessment  therein  contained 
shall  become  due  and  payable,  and  shall  be  a  lien  upon  all  the  property 
contained  or  described  therein. 

Duty  of  superintendent  of  streets  on  receiving  certified  copy  of  report  as 

confirmed  by  council. 

§  16.  The  superintendent  of  streets  shall  thereupon  give  notice  by 
publication  for  ten  days  in  one  or  more  daily  newspapers  published  and 
circulated  in  such  city  or  city  and  county,  or  by  two  successive  inser- 


1255  STREETS.  Act  3927,  S  16 

tions  in  a  weekly  or  semi-weekly  newspaper  so  published  and  circulated, 
that  he  has  received  said  assessment-roll,  and  that  all  sums  levied  and 
assessed  in  said  assessment-roll  are  due  and  payable  immediately,  and 
that  the  payment  of  said  sums  is  to  be  made  to  him  within  thirty  days 
from  the  date  of  the  first  publication  of  said  notice.  Said  notice  shall 
also  contain  a  statement  that  all  assessments  not  paid  before  the  ex- 
piration of  said  thirty  days  will  be  declared  to  be  delinquent,  and  that 
thereafter  the  sum  of  five  per  cent  upon  the  amount  of  each  delinquent 
assessment,  together  with  the  cost  of  advertising  each  .delinquent  assess- 
ment, will  be  added  thereto.  When  payment  of  any  assessment  is  made 
to  said  superintendent  of  streets,  he  shall  write  the  word  "Paid,"  and  the 
date  of  payment,  opposite  the  respective  assessment  so  paid,  and  the 
names  of  persons  by  or  for  whom  said  assessment  is  paid,  and  shall,  if  so 
required,  give  a  receipt  therefor.  On  the  expiration  of  said  thirty  days, 
all  assessments  then  unpaid  shall  be  and  become  delinquent,  and  said 
superintendent  of  streets  shall  certify  such  fact  at  the  foot  of  said  assess- 
ment-roll, and  shall  add  five  per  cent  to  the  amount  of  each  assessment 
so  delinquent..  The  said  superintendent  of  streets  shall,  within  five  days 
from  the  date  of  said  delinquency,  proceed  to  advertise  and  collect  the 
various  sums  delinquent,  and  the  whole  thereof,  including  the  cost  of 
advertising,  which  last  shall  not  exceed  the  sum  of  fifty  cents  for  each 
lot,  piece,  or  parcel  of  land  separately  assessed,  by  the  sale  of  the 
.assessed  property  in  the  same  manner  as  is  or  may  be  provided  for  the 
collection  of  state  and  county  taxes;  and  after  the  date  of  said  delin- 
quency, and  before  the  time  of  such  sale  herein  provided  for,  no  assess- 
ment shall  be  received  unless  at  the  same  time  the  five  per  cent  added 
thereto,  as  aforesaid,  together  with  the  costs  of  advertising  then  al- 
ready incurred,  shall  be  paid  therewith.  Said  list  of  delinquent  assess- 
ments shall  be  published  daily  for  five  days  in  one  or  more  daily  news- 
papers published  and  circulated  in  such  city,  or  by  at  least  one  insertion 
in  a  weekly  newspaper  so  published  and  circulated,  before  the  day  of 
sale  of  such  delinquent  assessment.  Said  time  of  sale  must  not  be  less 
than  seven  days  from  the  date  of  the  first  publication  of  said  delinquent 
assessment-list,  and  the  place  must  be  in  or  in  front  of  the  office  of  said 
superintendent  of  streets.  -All  property  sold  shall  be  subject  to  redemp- 
tion in  the  same  time  and  manner  as  in  sales  for  delinquent  state  ancl 
county  taxes;  and  the  superintendent  of  streets  may  collect  for  each 
certificate  fifty  cents,  and  for  each  deed  one  dollar.  All  provisions  of 
the  law,  in  reference  to  the  sale  and  redemption  of  property  for  delin- 
quent state  and  county  taxes  in  force  at  any  given  time,  shall  also  then, 
so  far  as  the  same  are  not  in  conflict  with  the  provisions  of  this  act,  be 
applicable  to  the  sale  and  redemption  of  property  for  delinquent  assess- 
ments hereunder,  including  the  issuance  of  certificates  and  execution  of 
deeds.  The  deed  of  the  street  superintendent  made  after  such  sale,  in 
case  of  failure  to  redeem,  shall  be  prima  facie  evidence  of  the  regularity 
of  all  proceedings  hereunder,  and  of  title  in  the  grantee.  It  shall  be 
conclusive  evidence  of  the  necessity  of  taking  or  damaging  the  lands 
taken  or  damaged,  and  of  the  correctness  of  the  compensation  awarded 
therefor.     The  superintendent  of  streets   shall,  from  time  to  time,  pay 


Act  3927,  §§  17,  18  GENERAL  LAWS.  1256 

over  to  the  city  treasurer  all  moneys  collected  by  him  on  account  of 
any  such  assessments.  The  city  treasurer  shall,  upon  receipt  thereof, 
place  the  same  in  a  separate  fund,  designating  such  fund  by  the  name  of 
the  street,  square,  lane,  alley,  court,  or  place  for  the  widening,  opening, 
or  other  improvement  of  which  the  assessment  was  made.  Payments 
shall  be  made  from  said  fund  to  the  parties  entitled  thereto,  upon  war- 
rants signed  by  the  commissioners,  or  a  majority  of  them. 

Payments  for  land  and  improvements,  when  and  how  made. 

§  17.  When  sufficient  money  is  in  the  hands  of  the  city  treasurer,  in 
the  fund  devoted  to  the  proposed  work  or  improvement,  to  pay  for  the 
land  and  improvements  taken  or  damaged,  and  when  in  the  discretion  ol 
the  commissioners,  or  a  majority  of  them,  the  time  shall  have  come  to 
make  payments,  it  shall  be  the  duty  of  the  commissioners  to  notify  the 
owner,  possessor,  or  occupant  of  any  land  or  improvements  thereon  to 
whom  damages  shall  have  been  awarded,  that  a  warrant  has  been  drawn 
for  the  payment  of  the  same,  and  that  he  can  receive  such  warrant  at 
the  office  of  such  commissioners  upon  tendering  a  conveyance  of  any 
property  to  be  taken;  such  notification,  except  in  the  case  of  unknown 
owners,  to  be  made  by  depositing  a  notice,  postage  paid,  in  the  postoffice, 
addressed  to  his  last  known  place  of  abode  or  residence.  If  at  the  ex- 
piration of  thirty  daj'S  after  the  deposit  of  such  notice,  he  should  not 
have  applied  for  such  warrant,  and  tendered  a  conveyance  of  the  land 
to  be  taken,  the  warrant  so  drawn  shall  be  deposited  with  the  county 
treasurer,  and  shall  be  delivered  to  such  owner,  possessor,  or  occupant, 
upon  tendering  a  conveyance  as  aforesaid,  unless  judgment  of  condemna- 
tion shall  be  had,  when  the  same  shall  be  canceled. 

Proceedings  to  condemn  on  refusal  to  accept  payment. 

§  18.  If  any  owner  of  land  to  be  taken  neglects  or  refuses  to  accept 
the  warrant  drawn  in  his  favor,  as  aforesaid,  or  objects  to  the  report  as 
to  the  necessity  of  taking  his  land,  the  commissioners,  with  the  ap- 
proval of  the  city  council,  may  cause  proceedings  to  be  taken  for  the 
condemnation  thereof,  as  provided  by  law  under  the  right  of  eminent 
domain.  The  complaint  may  aver  that  it  is  necessary  for  the  city  to 
take  or  damage  and  condemn  the  said  lands,  or  an  easement  therein,  as 
the  case  may  be,  without  setting  forth  the  proceedings  herein  provided 
for,  and  the  resolution  and  ordinance  ordering  said  work  to  be  done  shall 
be  conclusive  evidence  of  such  necessity.  Such  proceedings  shall  be 
brought  in  the  name  of  the  municipality,  and  have  precedence  so  far 
as  the  business  of  the  court  will  'permit;  and  any  judgment  for  damages 
therein  rendered  shall  be  payable  out  of  such  portion  of  the  special  fund 
as  may  remain  in  the  treasury,  so  far  as  the  same  can  be  applied.  At 
any  time  after  trial  and  judgment  entered,  or  preceding  an  appeal,  the 
court  may  order  the  city  treasurer  to  set  apart  in  the  city  treasury  a 
sufficient  sum  from  the  fund  appropriated  to  the  particular  improvement 
to  answer  the  judgment  and  all  damages,  and  thereupon  may  authorize 
and  order  the  municipality  to  enter  upon  the  land  and  proceed  with  the 
proposed  work  and  improvement.  In  case  of  a  deficiency  in  said  fund 
to  pay  the  whole  of  such  judgment  and  damages,  the  city  council  may. 


1257  STREETS.  Act  3927,  55  19-22 

in  their  disoretion,  order  the  balance  thereof  to  be  paid  out  of  the  gen- 
eral fund  of  the  treasury  or  to  be  distributed  by  the  commissioners  over 
the  property  assessed'  by  a  supplementary  assessment;  but  in  the  last- 
named  ease,  in  order  to  avoid  delay,  the  city  council  may  advance  such 
balance  out  of  any  appropriate  fund  in  the  treasury,  and  reimburse  the 
same  from  the  collections  of  the  assessment.  Pending  the  collection  and 
payment  of  the  amount  of  the  judgment  and  damages,  the  court  may 
order  such  stay  of  proceedings  as  may  be  necessary. 

Duty  of  treasurer  on  payment  of  warrants. 

§  19.  The  treasurer  shall  pay  such  warrants  out  of  the  appropriate 
fund,  and  not  otherwise,  in  the  order  of  their  presentation;  provided, 
that  warrants  for  land  or  improvements  taken  or  damaged  shall  have 
priority  over  warrants  for  charges  and  expenses,  and  the  treasurer  shall 
see  that  sufficient  money  is  and  remains  in  the  fund  to  pay  all  warrants 
of  the  first  class  before  paying  any  of  the  second. 

Supplementary  assessments,  when  may  be  ordered. 

§20.  If  after  the  sale  of  the  property  for  delinquent  assessments  there 
should  be  a  deficiency,  and  there  should  be  unreasonable  delay  in  collect- 
ing the  same,  or  if  for  the  purpose  of  equalizing  the  assessments  supply- 
ing a  deficiency,  or  for  any  cause  it  appears  desirable,  the  commissioners 
may  so  report  to  the  city  council,  who  may  order  them  to  make  a 
supplementary  assessment  and  report  the  same  in  manner  and  form  as 
the  original,  and  subject  to  the  same  procedure.  If  by  reason  of  such 
supplenientar}'  assessment,  or  for  any  cause,  there  should  be  at  any  time 
a  surplus,  the  city  council  may  appropriate  the  same  and  declare  a 
dividend  pro  rata  to  the  parties  paying  the  same,  and  they,  upon  de- 
mand, shall  hav5  the  right  to  have  the  amount  of  such  pro  rata  dividends 
refunded  to  them,  or  credited  upon  any  subsequent  assessment  for  taxes 
made  against  said  parties  in  favor  of  said  city. 

Proceedings  to  settle  defective  title. 

§21.  If  any  title  attempted  to  be  acquired  by  virtue  of  this  act  shall 
be  found  to  be  defective  from  any  cause,  the  city  council  may  again 
institute  proceedings  to  acquire  the  cause  as  in  this  act  provided,  or 
otherwise,  or  may  authorize  the  commissioners  to  purchase  the  same  and 
include  the  cost  thereof  in  a  supplementary  assessment  as  provided  in 
the  last  section. 

Proceedings  when  boundaries  of  districts  of  lands  affect  the  whole  city. 

§22.  If  the  city  council  deem  it  proper  that  the  boundaries  of  the 
districts  of  lands  to  be  affected  and  assessed  to  pay  the  damages,  cost 
and  expenses  of  any  work  or  improvement  under  this  act,  shall  include 
the  whole  city,  then  the  commissioners  appointed  shall  proceed  in  a 
summary  manner  to  purchase  the  lands  to  be  taken  or  condemned  from 
the  owners  and  claimants  thereof.  If  said  commissioners  and  the  owners 
and  claimants  cannot  agree  upon  the  price  to  be  paid  for  said  lands, 
they  ^hall  proceed  to  view  and  value  the  same,  and  shall  thereupon  make 
a  summary  report  to  the   city  council.     Upon  final   confirmation  of  the 


Act  3927,  §  23  GENERAL  LAW9.  1258 

report,  the  city  council,  if  there  be  not  sufficient  money  available  in  the 
city  treasury,  shall  cause  the  cost  and  expenses  of  the  contemplated 
puijlic  improvement  to  be  assessed  upon  the  whole  of  the  taxable  prop- 
erty of  said  city,  and  to  be  included  in  and  form  part  of  the  next  general 
assessment-roll  of  said  city,  and  with  like  effect  in  all  respects  as  if  the 
same  formed  a  part  of  the  city,  state,  and  county  taxes;  and  when  the 
same  shall  have  been  collected  the  said  city  council  shall  cause  the  land 
required  to  be  paid  for  or- the  value  thereof  tendered,  and  the  said  con- 
templated public  improvement  to  be  forthwith  made  and  completed. 
All  the  provisions  of  the  preceding  sections  not  in  conflict  with  this  sec- 
tion shall  be  applicable  thereto. 

Use  of  words  "work"  and  "improvement." 

§  23.  1.  The  words  "work"  and  "improvement,"  as  used  in  this  act, 
shall  include  all  work  mentioned  in  section  1  of  this  act. 

Notices  to  be  posted  when  publication  cannot  be  had. 

2.  In  case  there  is  no  daily  or  weekly  or  semi-weekly  newspapers 
printed  and  circulated  in  the  city,  then  such  notices  as  are  herein  re- 
quired to  be  published  in  a  newspaper  shall  be  posted  and  kept  posted 
for  the  length  of  time  required  herein  for  the  publication  of  the  same 
in  a  weekly  newspaper,  in  three  of  the  most  public  places  in  such  city. 
Proof  of  the  publication  or  posting  of  any  notice  provided  for  herein 
shall  be  made  by  affidavit  of  the  owner,  publisher  or  clerk  of  the  news- 
paper or  of  the  poster  of  the  notice. 

Construction  of  words  "municipality"  and  "city." 

3.  The  word  "municipality"  and  the  word  "city"  shall  be  understood 
and  so  construed  as  to  include  all  corporations  heretofore  organized  and 
now  existing,  or  hereafter  organized,  for  municipal  purpose. 

Construction   of  terms  "street   superintendent"   and   "superintendent  of 
streets." 

4.  The  terms  "street  superintendent"  and  "superintendent  of  streets," 
as  used  in  this  act,  shall  be  understood  and  so  construed  as  to  include, 
and  are  hereby  declared  to  include  any  person  or  officer  whose  duty  it  is, 
under  the  law,  to  have  the  care  or  charge  of  the  streets,  or  the  improve- 
ment thereof,  in  any  city.  In  all  those  cities  where  there  is  no  street 
superintendent  or  superintendent  of  streets,  the  city  council  thereof  is 
hereby  authorized  and  empowered  to  appoint  a  suitable  person  to  dis- 
charge the  duties  herein  laid  down  as  those  of  street  superintendent  or 
superintendent  of  streets;  and  all  the  provisions  hereof  applicable  to 
the  street  superintendent  or  superintendent  of  streets  shall  apply  to 
such  persons  so  appointed. 

Construction  of  term  "city  council." 

5.  The  term  "city  council"  is  hereby  declared  to  include  any  body  or 
board  which,  under  the  law,  is  the  legislative  department  of  the  govern- 
ment of  any  city. 


1259  STREETS.  Act  3928 

Construction  of  terms  "clerk"  and  "city  clerk." 

6.  The  terms  "clerk"  and  "city  clerk,"  as  used  in  this  act,  is  hereby 
declared  to  include  any  person  or  officer  who  shall  be  clerk  of  said  city 
council. 

Construction  of  terms  "treasurer"  and  "city  treasurer." 

7.  The  term  "treasurer"  or  "city  treasurer,"  as  used'  in  this  act,  shall 
include  any  person  or  officer  who  shall  have  charge  and  make  payment  of 
the  city  funds. 

8.  No  publications  or  notice  other  than  that  provided  for  in  this  act 
shall  be  necessary  to  give  validity  to  any  proceedings  had  thereunder. 

Proceedings  commenced  before  passage  of  this  act  to  be  continued  by 
resolution  of  council. 
§  24.  The  proceedings  and  any  work  or  improvement,  such  as  is  pro- 
vided for  in  this  act,  already  commenced,  and  now  progressing  under 
any  other  act  now  in  force,  or  by  virtue  of  any  ordinance  passed  by 
any  city  council  or  board  of  supervisors  of  any  city,  county,  or  city  and 
county,  by  virtue  of  any  other  act  now  in  force,  may,  from  any  stage  of 
such  proceedings  already  commenced  and  now  progressing,  be  continued 
under  this  act  by  resolution  of  the  city  council.  The  said  work  or 
improvement  may  then  be  conducted  under  the  provisions  of  this  act 
with  full  force  and  effect  in  all  respects,  from  the  stage  of  such  pro- 
ceedings under  such  other  acts  or  ordinances  at  and  from  which  such 
resolution  shall  declare  an  election  or  intention  to  have  said  work  or 
improvement  cease  under  such  other  act  or  ordinance,  and  continue  under 
this  act;  and  from  such  election  so  made,  all  proceedings  theretofore  had 
under  such  other  act  or  ordinance  are  hereby  ratified,  confirmed,  and 
made  valid,  and  it  shall  be  unnecessary  to  renew  or  conduct  over  again 
proceedings  had  under  such  other  act  or  ordinance.  This  section  shall 
not  apply  to  any  work  or  improvement,  proceedings  in  which  were  com- 
menced more  than  eighteen  months  prior  to  the  passage  of  this  act. 

Act  to  be  liberally  construed. 

§  25.  The  provisions  of  this  act  shall  be  liberally  construed  to  pro- 
mote the  objects  thereof.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

ACT  3928. 

An  act  to  provide  for  the  laying  out,  opening,  extending,  widening,  or 
straightening,  in  whole  or  in  part,  of  public  streets,  squares,  lanes, 
alleys,  courts,  and  places,  within  municipalities,  for  the  condemnation 
of  property  necessary  or  convenient  for  such  purposes,  and  for  the 
establishment  of  assessment  districts  and  the  assessment  of  property 
therein  to  pay  the  expense  of  such  improvement. 

[Approved  March  24,  1903.     Stats.  1903,  p.  376.] 
Amended  1909,  p.  1035. 
ClUtions.     Cal.  153/292.     App.  7/526,  527;  8/608,  609,  610,  611. 


Act  3928,  §§  1-4  GENERAL  LAWS.  1260 

§  1.  Whenever  the  public  interest  or  convenience  may  require,  the 
city  council  of  any  municipality  shall  have  full  power  and  authority  to 
order  the  laying  out,  opening,  extending,  widening,  or  straightening,  in 
whole  or  in  part,  of  any  public  street,  square,  lane,  alley,  court,  or  place 
within  such  municipality,  and  to  acquire,  by  condemnation,  any  and  all 
property  necessary  or  convenient  for  that  purpose. 

§2.  Before  ordering  any  improvement  to  be  made,  which  is  authorized 
by  section  1  of  this  act,  the  city  council  shall  pass  an  ordinance  declaring 
its  intention  to  do  so,  describing  the  improvement,  and  the  laud  necessary 
or  convenient  to  be  taken  therefor,  and  specifying  the  boundaries  of  the 
district  to  be  benefited  by  said  improvement,  and  to  be  assessed  to  pay 
the  expense  thereof,  and  to  be  known  as  the  assessment  district. 

§  3.  The  street  superintendent  shall  thereupon  cause  to  be  conspicu- 
ously posted  along  all  streets  and  parts  of  streets  within  the  assessment 
district  described  in  said  ordinance,  at  not  more  than  three  hundred  feet 
in  distance  apart,  notices  (not  less  than  three  in  all)  of  the  passage  of 
said  ordinance.  Said  notices  shall  be  headed,  "Notice  of  Public  Work," 
in  letters  not  less  than  one  inch  in  length,  shall  be  in  legible  characters, 
and  shall  state  the  fact  and  date  of  the  passage  of  said  ordinance,  and 
briefly  describe  the  improvement  proposed,  and  refer  to  said  ordinance 
for  further  particulars.  He  shall  also  cause  a  notice  similar  in  substance 
to  be  published  for  a  period  of  five  days,  in  a  daily  newspaper  published 
and  circulated  in  said  municipality,  and  designated  by  said  city  council 
for  that  purpose,  or  if  there  is  no  such  daily  newspaper,  then  by  four 
successive  insertions  in  a  weekly  newspaper  so  published,  circulated,  and 
designated. 

§  4.  Any  person  interested,  objecting  to  said  improvement,  or  to  the 
extent  of  the  assessment  district,  described  in  said  ordinance  of  inten- 
tion, may  file  a  written  protest  with  the  clerk  of  the  city  council,  within 
thirty  days  after  the  first  publication  of  the  notice  required  by  section 
3  of  this  act.  Every  such  protest  must  contain  a  description  of  the 
property  in  which  each  signer  thereof  is  interested,  sufficient  to  identify 
the  same,  and  must  set  forth  the  nature  of  his  interest  therein,  and  must 
be  accompanied  by  the  affidavit  of  one  of  the  signers  thereof  that  each 
signature  thereof  is  the  genuine  signature  of  the  person  whose  name  is 
thereto  subscribed;  and  in  case  any  signature  is  made  by  an  agent,  there 
must  be  attached  to  the  protest  the  affidavit  of  the  agent  that  he  is  duly 
authorized  to  sign  such  protest.  Any  protest  not  complying  with  the 
foregoing  requirements,  shall  not  be  considered  by  the  city  council.  In 
the  case  of  property  held  by  tenancy  in  common,  if  any  cotenant  sign 
such  protest,  only  the  proportionate  share  of  the  frontage  thereof  repre- 
sented by  his  interest  therein,  shall  be  counted  in  determining  the 
amount  of  frontage  represented  by  such  protest.  The  clerk  shall  endorse 
on  every  such  protest  the  date  of  its  reception  by  him,  and,  at  the  next 
regular  meeting  of  the  city  council,  after  the  expiration  of  the  time  for 
filing  protests,  he  shall  present  to  said  city  council  all  protests  so  filed' 
with  him.    If  such  protests  are  against  said  improvement,  and  said  city 


1261  STREETS.  Act  3928,  S  4 

council  finds  that  the  same  are  signed  by  the  owners  of  a  majority  of 
the  frontage  of  the  property  fronting  on  streets  or  parts  of  streets 
within  said  assessment  district,  all  further  proceedings  under  said  or- 
dinance of  intention,  excepting  in  the  cases  hereinafter  otherwise  pro- 
vided, shall  be  barred,  and  no  new  ordinance  of  intention  for  the  same 
improvement  shall  be  passed  within  six  months  after  the  presentation  of 
such  protest  to  the  city  council,  unless  the  owners  of  a  majority  of  the 
frontage  of  the  property  fronting  on  streets  or  parts  of  streets  within 
said  assessment  district  shall  in  the  meantime  petition  therefor.  If  such 
protests  are  against  the  improvement,  and  the  council  finds  that  they  are 
not  signed  by  the  owners  of  a  majority  of  the  frontage  of  the  property 
fronting  on  streets  or  parts  of  streets  within  said  assessment  district,  or 
if  such  protests  are  only  against  the  extent  of  said  assessment  district,  or 
if  the  proposed  improvement  is  for  the  opening  or  extending  of  a  street 
for  a  distance  of  not  more  than  two  blocks  intervening  between  the 
terminations  of  two  different  streets,  or  two  portions  of  the  same  street, 
existing  at  the  time  of  the  passage  of  the  ordinance  of  intention  for 
the  proposed  improvement,  each  of  said  different  street  or  said  portions 
of  the  same  street  being  at  least  five  blocks  in  length,  and  the  opening 
or  extending  of  the  street  described  in  the  ordinance  of  intention  through 
such  intervening  block  or  blocks  will,  together  with  such  different  streets 
or  portions  of  the  same  street  so  existing,  make  one  connecting  or  con- 
tinuous street,  as  nearly  as  may  be  practicable,  or  if  the  proposed  im- 
provement is  for  the  opening  or  extending  of  a  street  into  a  different 
street,  for  a  distance  of  not  more  than  one  block  intervening  between 
the  termination  of  such  street  so  proposed  to  be  opened  or  extended  and 
such  different  street,  when  the  street  so  proposed  to  be  opened  or  ex- 
tended through  such  intervening  block  exists,  at  the  time  of  the  passage 
of  the  ordinance  of  intention  for  a  distance  of  at  least  five  blocks,  or  if 
the  proposed  improvement  is  for  the  opening  or  extending  of  a  public 
street,  lane,  alley,  court  or  place  through  the  remainder  of  a  block  when 
such  public  street,  lane,  alley,  court  or  place  exists,  at  the  time  of  the 
passage  of  the  ordinance  of  intention  for  the  proposed  improvement, 
for  at  least  one-half  of  the  distance  through  such  block,  the  city  council 
shall  thereupon  fix  a  time  for  hearing  said  protests,  not  less  than  ten 
days  after  the  meeting  of  the  council  at  which  such  time  is  so  fixed, 
and  shall  cause  notice  of  the  time  of  such  hearing  to  be  published  for 
at  least  five  days  in  a  daily  newspaper  published  and  circulated  in  said 
city,  or  if  there  be  no  such  daily  newspaper,  by  at  least  two  insertions 
in  a  weekly  newspaper  so  published  and  circulated.  The  city  council 
shall  hear  said  protests  at  the  time  appointed,  or  at  any  time  to  which 
the  hearing  thereof  may  be  adjourned,  and  pass  upon  the  same,  and  its 
decision  thereon  shall  be  final  and  conclusive.  If  any  such  protests  are 
sustained,  no  further  proceedings  shall  be  had  under  said  ordinance  of 
intention,  but  a  new  ordinance  of  intention  for  the  same  improvement 
ma}'  be  passed  at  any  time.  If  the  protests  are  denied,  the  proceedings 
shall  continue  as  if  such  protests  had  not  been  made.  At  the  expiration 
of  the  time  within  which  protests  may  be  filed,  if  none  are  filed,  or  if 
protests  are  filed,  and  after  hearing  are  denied,  as  above  provided,  then 


Act  3928,  §§  5-9  GENERAL   LAWS.  1202 

upon  such  denial,  the  city  council  shall  acquire  jurisdiction  to  order  the 
improvement  described  in  the  ordinance  of  intention.  [Amendment  ap- 
proved April  21,  1909.     Stats.  1909,  p.  1035.] 

§5.  Having  acquired  jurisdiction,  the  city  council,  shall,  by  ordinance, 
order  said  improvement  to  be  made,  and  direct  an  action  to  be  brought 
by  the  city  attorney,  in  the  proper  superior  court,  in  the  name  of  the 
municipality,  for  the  condemnation  of  the  property  necessary  or  con- 
venient to  be  taken  therefor.  Such  ordinance  need  not  describe  the 
property  to  be  taken,  nor  the  assessment  district,  but  may  refer  to  the 
ordinance  of  intention  for  all  particulars. 

§  6.  Said  action  must  be  brought  within  sixty  days  after  the  passage 
of  the  ordinance  ordering  the  improvement,  but  the  council  may,  by 
ordinance,  extend  the  time  for  bringing  such  action  for  an  additional 
period  not  exceeding  ninety  days.  Said  action  shall  in  all  respects  be 
subject  to  and  governed  by  such  provisions  of  the  Code  of  Civil  Pro- 
cedure now  existing  or  that  may  be  hereafter  adopted,  as  may  be  ap- 
plicable thereto,  except  in  the  particulars  otherwise  provided  for  in  this 
act.     [Amendment  approved  April  21,  1909.     Stats.  1909,  p.  1037.] 

§7.  The  complaint  shall  set  forth,  or  state  the  effect  of,  the  ordinance 
of  intention,  and  the  ordinance  ordering  the  improvement,  but  need  not 
set  up  any  other  proceedings  had  before  the  bringing  of  the  action. 
Said  ordinances  shall  be  conclusive  evidence,  in  such  action,  of  the  public 
necessity  of  the  proposed  improvement,  and  also  that  the  same  is  located 
in  the  manner  which  will  be  most  compatible  with  the  greatest  public 
good  and  the  least  private  injury. 

§  8.  When  all  parties  defendant  to  the  action  have  answered,  or  have 
been  served  with  summons,  and  their  default  entered,  the  plaintiff  or 
any  party  defendant  to  the  action  whose  default  has  not  been  so  en- 
tered, may,  upon  five  days'  notice  to  the  parties,  except  defendants  in 
default,  move  the  court  to  set  the  action  for  trial.  If,  upon  the  hearing 
of  such  motion,  a  trial  by  jury  or  by  the  court  without  a  jury  is  not 
demanded  by  the  defendants,  or  any  of  them,  or  by  the  plaintiff,  such 
trial  shall  be  deemed  to  be  waived,  and  the  court  must  appoint  three 
disinterested  persons  referees,  to  ascertain  the  compensation  to  be  paid 
to  such  defendants  so  waiving  a  trial  by  a  jury,  or  by  the  court  without 
a  jury.  Such  referees  must  be  residents  of  the  municipality  where  such 
improvement  is  to  be  made,  and  over  the  age  of  twenty-one  years,  and 
must  take  and  file  with  the  court  an  oath  to  discharge  their  duties  faith- 
fully and  impartially..  If  any  of  such  referees  fails  to  qualify,  or  resigns, 
or  is  removed  by  order  of  court,  or  is  or  becomes  unable  to  act,  the 
vacancy  so  created  shall  be  filled  by  the  court.  [Amendment  approved 
April  21,  1909.     Stats.  1909,  p.  1037.] 

§  9.  The  referees  shall  at  once  proceed  to  view  the  lands  sought  to 
be  condemned,  and  ascertain  the  compensation  proper  to  be  paid  to 
such  of  the  parties  interested  in  each  parcel  thereof  as  have  waived  a 


1263  STREETS.  Act  3928,  §§  10,  11 

trial  by  a  jury,  or  by  the  court.  They  shall  have  power  to  examine  wit- 
nesses uiuler  oath,  to  be  administered  by  any  of  them,  and  may  have 
subpoenas  issued  by  the  clerk  of  the  court,  requiring  the  attendance  of 
witnesses,  or  the  production  of  evidence  before  them.  They  shall  make 
and  file  with  the  court  a  written  report  of  their  findings,  and  of  their 
necessary  expenses,  within  thirty  days  after  the  date  of  their  appoint- 
ment; provided,  however,  that  the  time  so  allowed  may  be  extended, 
upon  good  cause  shown,  by  the  court  or  judge  thereof,  but  such  ex- 
tension shall  not  exceed  ninety  days;  and  provided  further,  that  if  any 
vacancy,  in  the  referees  is-  created  and  filled  as  provided  in  section  8 
of  this  act,  or  if  new  referees  are  appointed,  or  if  a  new  report  from 
the  same  referees  is  ordered,  as  provided  in  section  11  of  this  act,  the 
time  herein  specified  for  the  filing  of  such  report  shall  be  deemed  to  be 
thirty  days  from  the  date  of  the  order  filling  such  vacancy,  or  appoint- 
ing new  referees,  or  ordering  a  new  report  from  the  same  referees,  and 
the  same  may  be  extended  accordingly,  as  above  provided.  Any  two  of 
such  referees  who  agree  thereto,  may  make  such  report.  [Amendment 
approved  April  21,  1909.     Stats.  1909,  p.  1038.] 

§  10.  For  the  purpose  of  assessing  the  compensation  and  damages, 
the  right  thereto  shall  be  deemed  to  have  accrued  at  the  date  of  the 
order  appointing  referees  or  of  the  order  setting  the  cause  for  trial,  as 
the  case  may  be,  and  its  actual  value  at  that  date  shall  be  the  measure  of 
compensation  for  all  property  to  be  actually  taken,  and  the  basis  of  dam- 
ages to  property  not  actually  taken,  but  injuriously  affected,  in  all  cases 
where  such  damages  are  allowed  by  the  provisions  of  this  act.  No  im- 
provements placed  upon  the  property  proposed  to  be  taken,  subsequent 
to  the  date  of  the  publishing  of  the  notice  of  the  passage  of  the  ordinance 
of  intention,  shall  be  included  in  the  assessment  of  compensation  or 
damages. 

The  referees,  or  court,  or  jury,  as  the  case  may  be,  shall  find  separately: 
First.     The  value  of  each  parcel  of  property  sought  to  be  condemned, 
and    all    improvements    thereon   pertaining    to    the    realty,    and    of    each 
separate  estate  or  interest  therein; 

Second.  If  any  parcel  of  property  sought  to  be  condemned  is  only 
a  part  of  a  larger  parcel,  the  damages  which  will  accure  to  the  portion 
not  sought  to  be  condemned,  and  to  each  separate  estate  or  interest 
therein,  by  reason  of  its  severance  from  the  portion  sought  to  be  con- 
demned, and  the  construction  of  the  improvement  in  the  manner  pro- 
posed by  the  plaintiff.  Such  damages  must  be  fixed  irrespective  of  any 
benefit  from  such  improvement.  [Amendment  approved  April  21  1909. 
Stats.  1909,  p.  1038.] 

§  11.  Upon  the  filing  of  such  report  the  court  must,  upon  motion  of 
any  party,  appoint  a  day  for  hearing  the  same,  not  less  than  twenty  days 
thereafter.  Notice  of  the  time  and  place  of  said  hearing  must,  at  least 
ten  days  before  the  time  so  appointed,  be  served  on  all  the  other  parties, 
except  defendants  whose  default  has  been  entered.  The  plaintiff,  or  any 
defendant  who  has  answered,  may  file  exceptions  in  writing  to  said  re- 


Act  3928,  §  11  GENERAL  LAWS.  1264 

port,  specifying  the  grounds  upon  which  such  exceptions  are  based,  at 
any  time  within  not  less  than  one  day  prior  to  the  hearing;  and  any 
such  party  so  filing  exceptions  to  said  report,  may  appear  at  the  hearing 
of  said  report  and  contest  the  same.  In  addition  to  the  notice  herein- 
before provided,  the  cleric  of  the  court  must  give  notice  of  the  filing  of 
said  report,  and  of  the  time  and  place  appointed  for  the  hearing  of  the 
same,  to  all  persons  owning  or  having  an  interest  in  any  property  in- 
cluded within  the  assessment  district  for  said  improvement  described  in 
the  ordinance  of  intention,  by  causing  said  notice  last  mentioned  to  be 
published  for  five  days  in  a  daily  newspaper  published  and  circulated  in 
the  city;  and,  if  there  be  no  such  daily  newspaper,  then  by  two  insertions 
in  a  weekly  newspaper  so  published  and  circulated.  Any  publication  of 
such  notice  shall  commence  at  least  ten  days  before  the  time  appointed 
for  the  hearing  of  the  report.  Said  notice  shall  require  all  persons  own- 
ing or  having  an  interest  in  any  property  included  within  said  assess- 
ment district  for  said  improvement  to  intervene  in  said  action,  and  file, 
in  the  office  of  the  clerk  of  said  court,  his  exceptions  in  writing  to  said 
report,  if  any  he  has,  specifying  the  grounds  upon  which  such  exceptions 
are  based.  Said  notice  shall  also  contain  a  description  of  the  said  assess- 
ment district  as  set  forth  in  the  ordinance  of  intention.  At  any  time 
within  not  less  than  one  day  prior  to  the  hearing,  any  person  not  a  party 
to  the  action,  owning  or  having  an  interest  in  any  property  included 
within  said  assessment  district,  may  intervene  in  the  action,  and  file  his 
exceptions  in  writing  to  said  report,  specifying  the  grounds  upon  which 
such  exceptions  are  based;  and  any  such  person  so  intervening  may 
appear  and  contest  the  said  report,  and  introduce  evidence  in  support  of 
such  exceptions.  After  hearing  the  report,  and  any  exceptions  thereto,  the 
court  may  confirm  the  report,  or  may  modify  it  and  confirm  it  as  mod- 
ified, or  may  set  it  aside  and  order  a  new  report  from  the  same  referees, 
or  from  new  referees  to  be  appointed.  If  new  referees  are  appointed, 
the  same  proceedings  shall  be  had  as  upon  the  first  reference. 

If  there  be  a  trial  of  the  action  by  a  jury,  or  by  the  court  without  a 
jury,  the  clerk  of  the  court  must  give  notice  of  the  time  and  place  of 
such  trial  to  all  persons  owning  or  having  an  interest  in  any  property 
within  said  assessment  district  for  said  improvement.  Said  notice  shall 
be  published  in  the  same  manner  and  for  the  same  time  as  the  notice 
hereinbefore  in  this  section  required  to  be  given  by  said  clerk,  and  shall 
require  all  persons  owning  or  having  an  interest  in  any  property  included 
within  said  assessment  district  for  said  improvement,  to  intervene  in  said 
action,  and  to  appear  at  the  trial  thereof  and  introduce  evidence  relative 
to  the  compensation  and  damages  to  be  awarded  to  the  defendants 
therein.  At  any  time  within  not  less  than  one  day  prior  to  the  trial, 
any  person  not  a  party  to  the  action,  having  an  interest  in  any  property 
included  within  said  assessment  district,  may  intervene  in  the  action, 
and,  upon  the  trial  thereof,  may  appear  and  introduce  evidence  relative 
to  the  compensation  and  damages  to  be  awarded  to  the  defendants 
therein.  The  cost  of  the  publication  of  the  notices  required  by  this  sec- 
tion shall  be  paid  by  the  plaintiff,  and  allowed  as  costs  in  the  action. 


1265  STREETS.  Act  3928,  §§  12-16 

When  a  time  has  been  appointed  for  hearing  the  report  of  the  referees, 
or  for  the  trial  of  the  action,  and  notice  thereof  has  been  given  by  the 
clerk  by  publication  as  in  this  section  provided,  if  the  hearing  or  trial 
be  postponed  or  coutinued  by  the  court  to  any  subsequent  date,  no  such 
notice  need  be  given  by  the  clerk  of  the  hearing  or  trial  upon  any  such 
postponement  or  continuance.  [Amendment  approved  April  21,  1909. 
Stats.   1909,  p.   1039.] 

§  12.  Upon  the  confirmation  of  the  report  of  the  referees,  or  receipt 
of  the  verdict  of  the  jury,  or  the  filing  of  the  findings  of  the  court,  the 
court  shall  make  and  enter  an  interlocutory  judgment  in  accordance  with 
such  report,  verdict  or  findings,  adjudging  that  upon  payment  to  the 
respective  parties,  or  into  court  for  their  benefit,  of  the  several  amounts 
found  due  them  as  compensation,  and  of  the  costs  allou'ed  to  them,  the 
property  involved  in  the  action  shall  be  condemned  to  the  use  of  the 
plaintiff,  and  dedicated  to  the  use  specified  in  the  complaint.  The  court 
shall  allow  to  the  referees,  as  costs  to  be  paid  by  the  plaintiff,  a  reason- 
able compensation  for  their  services,  the  amount  of  which  compensation 
shall  be  fixed  by  the  court  upon  the  hearing  of  the  report,  and  their 
necessary  expenses.  [Amendment  approved  April  21,  1909.  Stats.  1909, 
p.  1040.] 

§  13.  An  appeal  may  be  taken  from  such  interlocutory  judgment  within 
thirty  days  from  the  entry  thereof,  and  from  any  order  granting  or 
denying  a  new  trial  within  ten  days  after  the  entry  thereof. 

§  14.  The  city  council  may,  at  any  time  prior  to  the  entry  of  the 
interlocutory  judgment,  abandon  the  proceedings  by  ordinance,  and  cause 
the  said  action  to  be  dismissed  without  prejudice.  [Amendment  approved 
April  21,  1909.     Stats.  1909,  p.  1040.] 

§  15.  Upon  the  entry  of  the  interlocutory  judgment,  the  city  council 
shall  order  the  city  engineer,  or  if  there  be  no  city  engineer,  any  civil 
engineer  whom  it  may  employ  for  that  purpose,  to  make  and  deliver  to 
the  street  superintendent,  a  diagram  of  the  improvement  and  of  the  prop- 
erty within  the  assessment  district  described  in  the  ordinance  of  inten- 
tion. Said  diagram  shall  show  the  land  to  be  taken  for  the  proposed 
improvement,  and  also  each  separate  lot,  piece  or  parcel  of  land  within 
the  assessment  district,  and  the  dimensions  of  each  such  lot,  piece,  or  parcel 
of  land,  and  the  relative  location  of  the  same  to  the  proposed  improve- 
ment. 

§16.  The  city  engineer  shall  deliver  said  diagram  to  the  street 
superintendent,  and  shall  indorse  thereon  the  date  of  such  delivery.  The 
street  superintendent  upon  receiving  the  said  diagram  shall  proceed  to 
assess  the  total  expenses  of  the  proposed  improvement  upon  and  against 
the  lands,  including  the  property  of  any  railroad  or  street  railroad, 
within  said  assessment  district,  except  the  land  to  be  taken  for  such 
improvement,  in  proportion  to  the  benefits  to  be  derived  from  said  im- 
provement. The  street  superintendent  shall  complete  said  assessment 
Gen.  Laws — 80 


Act  3928,  §§  17-19  GENERAL  LAWS.  1266 

within  sixty  days  after  the  receipt  by  him  of  said  diagram;  provided, 
however,  that  the  city  council  may  by  order  extend  the  time  for  com- 
pleting said  assessment  for  a  period  not  exceeding  ninety  days  additional. 
The  total  expense  of  the  iinprovement  so  to  be  assessed  shall  include  the 
amounts  awarded  to  the  defendants  by  the  interlocutory  judgment  in  the 
action  for  condemnation,  together  with  their  costs,  the  compensation  and 
expenses  of  the  referees,  as  allowed  by  the  court,  and  all  other  costs  of 
the  plaintiif  in  such  action,  the  expenses  of  making  the  assessment,  and 
all  expenses  necessarily  incurred  by  said  city,  in  connection  with  the 
proposed  improvement,  for  the  publication  of  ordinances,  posting  and 
publication  of  notices,  for  maps,  diagrams,  plans,  surveys,  searches  and 
certificates  of  title  to  the  property  to  be  taken,  and  all  other  matters 
incident  thereto.  [Amendment  approved  April  21,  1909.  Stats.  1909,  p. 
1040.] 

§  17.  The  street  superintendent  shall  make  the  said  assessment  in  writ- 
ing. Such  assessment  shall  describe  each  lot,  piece,  or  parcel  of  land 
assessed  for  said  improvement,  and  shall  designate  each  such  lot,  piece, 
or  parcel  of  land  with  an  appropriate  number.  The  street  superintendent 
shall  also  designate  each  such  lot,  piece,  or  parcel  of  land  on  said  dia- 
gram, with  the  number  corresponding  with  the  number  thereof  in  said 
assessment,  and  said  diagram  shall  thereupon  be  attached  to  and  become 
and  be  deemed  to  be  a  part  of  said  assessment.  Such  assessment  shall 
show  the  total  sum  to  be  raised  thereby,  as  hereinbefore  provided,  and 
also  the  items  of  such  total  sum,  and  opposite  each  lot,  piece,  or  parcel  of 
land  assessed,  the  amount  assessed  thereon,  and  the  name  of  the  owner 
thereof,  if  known  to  the  street  superintendent;  or  if  the  owner's  name  is 
unknown,  the  word  "Unknown"  shall  be  written  instead  of  such  name. 
Any  error  or  mistake  in  the  designation  of  the  owner  of  any  lot,  piece, 
or  parcel  of  land,  or  in  the  particulars  of  his  interest  therein,  shall  not 
affect  the  validity  of  the  assessment. 

§  18.  As  soon  as  said  assessment  is  completed  the  street  superintendent 
shall  file  the  same,  with  the  diagram  attached  thereto  and  made  a  part 
thereof  as  aforesaid,  with  the  clerk  of  the  council,  who  shall  give  notice 
of  such  filing  by  publication  for,  at  least,  ten  days  in  a  daily  newspaper 
published  and  circulated  in  the  city,  or  if  there  be  no  such  daily  news- 
paper, by  three  successive  insertions  in  a  weekly  newspaper  so  published 
and  circulated.  Said  notice  shall  require  all  persons  interested  to  file 
with  said  clerk  their  objections,  if  any  they  have,  to  the  confirmation  of 
said  assessment,  within  thirty  days  after  the  date  of  the  first  publication 
of  such  notice,  which  date  shall  be  stated  in  said  notice. 

§  19.  All  objections  shall  be  in  writing  and  shall  be  filed  with  said 
clerk  within  the  time  prescribed  in  the  notice  required  by  section  18 
hereof.  The  clerk  shall,  at  the  next  regular  meeting  of  the  city  council 
after  the  expiration  of  the  time  for  filing  objections,  lay  said  assessment 
and  all  objections  so  filed  with  him,  before  the  council;  and  said  council 
shall  hear  all  such  objections  at  said  meeting,  or  at  any  other  time  to 
which  the  hearing  thereof  may  be  adjourned,  and  pass  upon  such  assess- 


1267  STREETS.  Act  3928,  §§  20-22 

ment,  and  may  confirm,  modify,  or  correct  said  assessment,  or  may  order 
a  new  assessment,  upon  which  like  proceedings  shall  be  had,  as  in  the 
case  of  an  original  assessment;  or  if  there  be  no  objections,  the  council 
shall,  at  any  regular  meeting  after  the  expiration  of  the  time  for  filing 
objections,  confirm  such  assessment,  and  the  action  of  the  council  upon 
such  objections  and  assessment  shall  be  final  and  conclusive  in  the  premises. 

§  20.  The  clerk  of  the  council  shall  thereupon  deliver  to  the  street 
superintendent  the  assessment  as  confirmed  by  the  city  council,  with  his 
certificate  of  such  confirmation,  and  of  the  date  thereof.  The  street  super- 
intendent shall  thereupon  record  such  assessment  and  diagram  in  his 
office,  in  a  suitable  book  to  be  kept  for  that  purpose,  and  append  thereto 
his  certificate  of  the  date  of  such  recording,  and  such  record  shall  be  the 
assessment-roll.  From  the  date  of  such  recording  all  persons  shall  be 
deemed  to  have  notice  of  the  contents  of  such  assessment-roll.  Im- 
mediately upon  such  recording,  the  several  assessments  contained  in  such 
assessment-roll  shall  become  due  and  payable,  and  each  of  such  assess- 
ments shall  be  a  lien  upon  the  property  against  which  it  is  made. 

§  21.  The  owner  of  any  property  assessed,  who  is  entitled  to  compen- 
sation under  the  award  made  by  the  interlocutory  judgment,  may,  at  any 
time  after  such  assessment  becomes  payable,  and  before  the  sale  of  said 
property  for  nonpayment  thereof,  as  hereinafter  provided,  demand  of  the 
street  superintendent  that  such  assessment,  or  any  number  of  such  assess- 
ments, be  offset  against  the  amount  to  which  he  is  entitled  under  said 
judgment.  Thereupon,  if  said  amount  is  equal  to  or  greater  than  such 
assessments,  including  any  penalties  and  costs  due  thereon,  the  assess- 
ments shall  be  marked  "Paid  by  offset";  and  if  the  said  amount  is  less 
than  the  assessments,  and  any  penalties  and  costs  due  thereon,  the  person 
demanding  such  offset  shall  at  the  same  time  pay  the  difference  to  the 
street  superintendent  in  money,  and  the  assessments  shall,  on  such  pay- 
ment, be  marked  paid,  the  entry  showing  what  part  thereof  is  paid  by  off- 
set and  what  part  in  money.  In  either  ease,  as  a  condition  of  the  offset, 
such  person  must  execute  to  the  city  and  deliver  to  the  street  super- 
intendent duplicate  receipts  for  such  part  of  the  amount  due  him  under 
said  interlocutory  judgment  as  is  offset  against  such  assessments,  penal- 
ties, and  costs.  One  of  said  duplicate  receipts  shall  be  filed  by  the  street 
superintendent  in  his  office,  the  other  shall  be  filed  with  the  clerk  of  the 
superior  court,  and  on  such  filing,  the  city  shall  be  entitled  to  a  satisfac- 
tion pro  tanto  of  said  interlocutory  judgment. 

§22.  The  street  superintendent  shall,  upon  the  recording  of  said  as- 
sessment, give  notice,  by  publication  for  ten  days  in  a  daily  newspaper, 
published  and  circulated  in  such  municipality,  or  by  three  successive  in- 
sertions in  a  weekly  newspaper,  so  published  and  so  circulated,  that  said 
assessment  has  been  recorded  in  his  office,  and  that  all  sums  assessed 
therein  are  due  and  payable  immediately,  and  that  the  payment  of  the 
said  sums  is  to  be  made  to  him  within  thirty  days  after  the  date  of  the 
first  publication,  which  date  shall  be  stated  in  the  notice.  Said  notice 
shall  also  contain  a.  statement  that  all  assessments  not  paid  before  the 


Act  3928,  §§  23-25  *        GENERAL  LAWS.  1268 

expiration  of  said  thirty  days  will  become  delinquent,  and  that  there- 
upon five  per  cent  upon  the  amount  of  each  such  assessment  will  be  added 
thereto.  When  payment  for  any  assessment  is  made,  the  street  superin- 
tendent shall  mark  opposite  such  assessment,  the  word,  "Paid,"  the  date 
of  payment,  and  the  name  of  the  person  by  or  for  whom  the  same  is  paid, 
and  shall,  if  so  requested,  give  receipt  therefor.  On  the  expiration  of 
said  period  of  thirty  days,  all  assessments  then  unpaid  shall  become 
delinquent,  and  the  street  superintendent  shall  certify  such  fact  at  the 
foot  of  said  assessment-roll,  and  mark  each  such  assessment  "Delinquent," 
and  add  five  per  cent  to  the  amount  of  each  assessment  delinquent. 

§  23.  The  street  superintendent  shall,  within  ten  days  from  the  date 
of  such  delinquency,  Isegin  the  publication  of  a  list  of  the  delinquent 
assessments,  which  list  must  contain  a  description  of  each  parcel  of  prop- 
erty delinquent,  and  opposite  or  against  each  description,  the  name  of  the 
owner  as  stated  in  the  assessment-roll,  and  the  amount  of  the  assessment, 
penalty,  and  costs  due,  including  the  cost  of  advertising,  which  last  shall 
not  exceed  the  sum  of  fifty  cents  for  each  lot,  piece,  or  parcel  of  land, 
separately  assessed.  The  street  superintendent  shall  append  to  and  pub- 
lish with  said  delinquent  list  a  notice  that  unless  each  assessment  delin- 
quent, together  with  the  penalty  and  costs  thereon,  is  paid,  the  property 
upon  which  such  assessment  is  a  lien,  will  be  sold  at  'public  auction  at  a 
time  and  place  to  be  specified  in  the  notice.  The  publication  must  be 
made  for  a  period  of  ten  days,  in  some  daily  newspaper  published  and 
circulated  in  the  municipality,  or  for  three  weeks  in  a  weekly  newspaper 
so  published  and  circulated.  The  time  of  sale  must  not  be  less  than  five 
days,  nor  more  than  ten  days,  after  the  expiration  of  the  period  of  pub- 
lication of  said  list,  and  the  place  of  sale  must  be  in,  or  in  front  of,  the 
office  of  the  street  superintendent. 

§  24.  At  any  time  after  such  delinquency,  and  prior  to  the  sale  of 
any  piece  of  property  assessed  and  delinquent,  any  person  may  pay  the 
assessment  on  such  piece  of  property,  together  with  the  penalty,  and 
costs  then  due,  including  the  cost  of  advertising,  if  such  payment  is  made 
after  the  first  publication  of  the  list  of  delinquent  assessments.  The 
street  superintendent  shall  thereupon  mark  such  assessment  "Paid,"  as 
hereinbefore   provided. 

§25.  On  the  day  fixed  for  the  sale,  the  street  superintendent  must, 
at  the  hour  of  10  o'clock  A.  M.  commence  the  sale  of  the  property  ad- 
vertised, commencing  at  the  head  of  the  list,  and  continuing  in  the 
numerical  order  of  lots  or  parcels  of  land  until  all  are  sold;  provided, 
that  he  may  postpone  or  continue  the  sale  from  day  to  day  until  all  the 
property  is'  sold.  Each  lot,  piece  or  parcel  of  land  separately  assessed 
must  be  offered  for  sale  separately,  and  the  person  who  will  take  the 
least  quantity  of  land,  and  then  and  there  pay  the  amount  of  the  assess- 
ment, penalty,  and  costs  due,  including  fifty  cents  to  the  street  superin- 
tendent for  a  certificate  of  sale,  shall  become  the  purchaser.  In  case 
there  is  no  purchaser,  for  any  lot,  piece  or  parcel  of  land  so  offered  for 
sale,  the  same  shall  be  struck  off  to  the  municipality,  as  purchaser,  and 


1269  STREETS.  Act  3928,  §§  26-28 

the  city  council  sliall  appropriate  out  of  the  general  fund  of  the  treasury, 
the  amount  required  for  such  purchase,  and  shall  order  the  city  treasurer 
to  place  the  same  in  the  special  fund  for  such  improvement.  No  charge 
shall  be  made  for  the  certificate  of  sale  when  the  municipality  is  the 
purchaser. 

§  26.  After  making  the  sale,  the  street  superintendent  must  execute, 
in  duplicate,  a  certificate  of  sale  setting  forth  a  description  of  the  prop- 
erty sold,  the  name  of  the  owner  thereof,  as  given  ou  the  assessment-roll, 
that  said  property  was  sold  for  a  delinquent  assessment,  (specifying  the 
improvement  for  which  the  same  was  made),  the  amount  for  which  such 
property  was  sold,  the  date  of  sale,  the  name  of  the  purchaser,  and  the 
time  when  the  purchaser  will  be  entitled  to  a  deed.  The  street  superin- 
tendent must  file  one  copy  of  such  certificate  in  his  office,  and  deliver  the 
other  to  the  purchaser,  or  if  the  municipality  is  the  purchaser,  to  the  clerk 
of  the  council,  who  shall  file  the  same  in  his  office.  On  the  filing  of  the 
copy  of  such  certificate  in  the  office  of  the  street  superintendent,  the  lien 
of  the  assessment  shall  vest  in  the  purchaser,  and  is  only  divested  by  a 
redemption  of  the  property,  as  in  this  act  provided.  The  street  superin- 
tendent shall  also  enter  on  the  assessment-roll,  opposite  the  description  of 
each  piece  of  property  offered  for  sale,  a  description  of  the  part  thereof 
sold,  the  amount  for  which  the  same  was  sold,  the  date  of  the  sale,  and 
the  name  of  the  purchaser. 

§27.  A  redemption  of  any  parcel  of  property  sold  for  delinquent 
assessment  may  be  made  by  any  party  in  interest,  at  any  time  prior  to 
the  execution  and  delivery  of  a  deed  therefor,  by  paying  to  the  street 
superintendent  the  amount  for  which  the  property  was  sold,  and  in  addi- 
tion thereto,  ten  per  cent  thereon  if  paid  within  three  months  from  the 
date  of  sale;  twenty  per  cent  if  paid  within  six  months;  thirty  per  cent 
if  paid  within  nine  months;  forty  per  cent  if  paid  within  twelve  months, 
or  fifty  per  cent  if  paid  at  any  time  after  twelve  months.  "When  redemp- 
tion is  made,  the  street  superintendent  shall  note  that  fact  on  the  dupli- 
cate certificate  of  sale  on  file  in  his  office,  and  deposit  the  amount  paid 
with  the  city  treasurer,  who  shall  credit  the  purchaser  named  in  the  cer- 
tificate of  sale  with  the  said  amount,  and  pay  the  same  to  such  purchaser, 
or  his  assignee,  upon  the  surrender  of  the  certificate  of  sale,  and  upon 
satisfactory  proof  of  assignment  thereof,  if  any.  When  the  municipality 
is  the  purchaser,  the  treasurer  shall  notify  the  clerk  of  the  council  of  the 
redemption,  and  such  clerk  shall  thereupon  cancel  the  certificate  of  sale 
on  file  in  his  office, 

§28.  At  any  time  after  the  expiration  of  twelve  months  from  the  date 
of  sale,  the  street  superintendent  must  execute  to  the  purchaser,  or  his 
assignee  on  his  application,  if  such  purchaser  or  assignee  has  complied 
with  the  provisions  of  this  section,  a  deed  of  the  property  sold,  in  which 
shall  be  recited  substantially  the  matters  contained  in  the  certificate,  also 
any  assignment  thereof  and  the  fact  that  no  person  has  redeemed  the 
property.  The  street  superintendent  shall  receive  from  the  applicant  for 
a  deed,  one  dollar  for  making  such  deed,  unless  the  municipality  is  the 


Act  3928,  §§  29-31  GENERAL  LAWS.  1270 

purchaser,  in  which  case  no  charge  shall  be  made  therefor.  The  pur- 
chaser or  his  assignee  must,  at  least  thirty  days  before  he  applies  for  a 
deed,  serve  upon  the  owner  of  the  property,  and  upon  the  occupant  of 
such  property,  if  the  same  is  occupied,  a  written  notice,  setting  forth  a 
description  of  the  property,  that  said  property  has  been  sold  for  a  delin- 
quent assessment  (specifying  the  improvement  for  which  the  same  was 
made),  the  amount  for  which  it  was  sold,  the  amount  necessary  to  re- 
deem at  the  time  of  giving  notice,  and  the  time  when  such  purchaser  or 
assignee  will  apply  to  the  street  superintendent  for  a  deed.  If  the  said 
owner  cannot  be  found,  after  due  diligence,  said  notice  must  be  posted 
in  a  conspicuous  place  upon  said  property,  at  least  thirty  days  before  the 
time  stated  therein,  at  which  the  application  for  a  deed  will  be  made. 
The  person  applying  for  a  deed  must  file  with  the  street  superintendent 
an  affidavit  or  affidavits  showing  that  notice  of  such  application  has  been 
given,  as  herein  required,  and  if  the  notice  was  not  served  on  the  owner 
of  the  property  personally,  that  due  diligence  was  used  to  find  said 
owner;  which  affidavit  or  affidavits  must  be  filed  by  the  street  superin- 
tendent in  his  office.  If  redemption  of  the  property  is  made  after  such 
affidavits  are  filed,  and  more  than  eleven  months  from  the  date  of  sale, 
the  person  making  such  redemption  must  pay,  in  addition  to  the  other 
amounts  required,  three  dollars  for  the  service  of  notice  and  the  making 
of  such  affidavits,  which  amount  shall  be  paid  over  to  the  purchaser  or 
his  assignee  in  the  same  manner  as  other  sums  paid  for  redemption.  No 
deed  for  any  property  sold  for  delinquent  assessment  shall  be  made  until 
the  purchaser  or  his  assignee  has  complied  with  all  the  provisions  of  this 
section,  and  filed  the  proper  affidavits  with  the  street  superintendent. 

§  29.  The  deed  of  the  street  superintendent  shall  be  prima  facie  evi- 
dence of  the  truth  of  all  matters  recited  therein,  and  of  the  regularity 
of  all  proceedings  prior  to  the  execution  thereof,  and  of  title  in  the 
grantee. 

§  30.  .The  street  superintendent  shall,  from  time  to  time,  pay  over  to 
the  city  treasurer  all  moneys  collected  by  him  on  account  of  any  assess- 
ments made  under  the  provisions  of  this  act.  The  city  treasurer  shall 
on  receipt  thereof,  place  the  same  in  a  special  fund,  designating  such 
fund  by  the  name  of  the  improvement  for  which  the  assessment  was 
made. 

§  31.  As  soon  as  there  is  sufficient  money  in  the  hand's  of  the  eity 
treasurer,  in  the  special  fund  devoted  to  the  proposed  improvement,  to 
pay  the  amounts  awarded  to  the  defendants  by  the  interlocutory  judgment 
in  the  action  of  condemnation,  or  such  parts  thereof  as  have  not  been 
paid  by  offset  against  assessments,  as  hereinbefore  provided',  the  said 
amounts  shall  be  paid  to  the  parties  entitled  thereto,  or  into  court  for 
their  benefit.  On  satisfactory  proof  being  made  to  the  court  of  payment 
of  the  amounts  awarded  by  the  interlocutory  judgment  to  the  respective 
parties  entitled  thereto,  or  into  court  for  their  benefit,  it  shall  direct  the 
interlocutory  judgment  to  be  satisfied,  and  shall  make  and  enter  a  final 


1271  STREETS.  Act  3928,  §§  32,  33 

judgment,  eonderauing  the  lands  described  in  the  complaint  to  the  use 
of  the  plaintifif  for  the  purposes  specified  in  such  complaint. 

§  32.  In  case  of  a  deficiency  in  the  fund  for  such  improvement,  the 
city  council,  in  its  discretion,  may  provide  for  such  deficiency  by  an  ap- 
propriation out  of  the  general  fund  of  the  treasury,  or  by  ordering  a 
supplementary  assessment  to  be  made  by  the  street  superintendent  upon 
the  property  in  said  assessment  district  in  the  same  manner  and  form, 
and  subject  to  the  same  procedure  as  the  original  assessment,  and  in  the 
last  named'  case,  in  order  to  avoid  delay,  the  city  council  may  advance 
such  deficiency  out  of  the  city  treasury  and  reimburse  the  treasury  from 
the  collections  under  such  supplementary  assessment.  In  case  of  a  sur- 
plus in  the  fund  for  such  improvement,  the  city  council  may  order  such 
surplus  refunded  pro  rata  to  the  parties  who  paid  the  assessments. 

§33.  The  following  words  and  phrases  shall,  where  used  in  this  act, 
have   the   following   meanings: 

(1)  The  term  "improvement"  includes  all  of  the  improvements  men- 
tioned in  section  1  of  this  act. 

(2)  The  terms  "municipality"  and  "city"  include  all  incorporated 
cities,  cities  and  counties,  and  other  corporations  organized  for  munici- 
pal purposes. 

(3)  The  terms  "city  council"  and  "council"  include  any  body  or  board 
in  which  by  law  is  vested'  the  legislative  power  of  any  municipality. 

(4)  The  terms  "clerk"  and  "city  clerk"  include  any  person  or  officer 
who   acts  as  clerk  of  said  city   council. 

(5)  The  terms  "treasurer"  and  "city  treasurer"  include  any  person  or 
officer  who  has  charge  and  makes  payment  of  the  city  funds. 

(6)  The  term  "street  superintendent"  includes  any  officer  or  board 
whose  duty  it  is  by  law  to  have  the  care  or  charge  of  streets  or  the  im- 
provement thereof,  in  any  city.  In  any  city  where  there  is  no  street 
superintendent,  or  no  such  board,  the  city  council  thereof  is  hereby  au- 
thorized to  appoint  a  suitable  person  to  perform  the  duties  imposed  by 
this  act  on  the  street  superintendent,  and  all  the  provisions  hereof  ap- 
plicable to  the  street  superintendent  shall  apply  to  the  person  so  ap- 
pointed. 

(7)  The  terms  "owner"  and  "any  person  interested"  include  the  person 
owning  the  fee,  or  the  person  in  whom,  on  the  day  any  protest  or  petition 
is  filed,  the  legal  title  to  real  property  appears,  by  deeds  duly  recorded 
in  the  county  recorder's  office  of  the  county  in  which  said  city  is  sit- 
uated, or  any  person  in  possession  of  real  property,  as  the  executor,  ad- 
ministrator, trustee  under  an  express  trust,  guardian  or  other  legal  rep- 
resentative of  the  owner,  or  any  person  in  possession  of  real  property 
under  a  written  contract  of  purchase  thereof  duly  recorded,  or  any 
person  in  possession  of  real  property,  as  lessee  thereof  under  a  lease 
duly  recorded,  which  shall  require  such  lessee  to  pay  or  discharge  all 
assessments  for  street  or  other  public  improvements,  that  may  be  levied  or 
assessed  against  such  real  property.  [Amendment  a^jproved  April  21, 
1909.     Stats.  1909,  p.  1041.] 


Act  3928,  §§  34-37  GENERAL  LAWS.  1272 

§  34.  In  case  there  is  no  daily  or  weekly  newspaper  published  and 
circulated  in  the  city,  then  such  notices  and  delinquent  lists  as  are  herein 
required  to  be  published  in  a  newspaper  shall  be  posted  in  three  of  the 
most  public  places  in  such  city,  for  the  length  of  time  required  herein 
for  the  publication  of  the  same  in  a  weekly  newspaper.  No  publication 
or  notice  other  than  that  provided  in  this  act  shall  be  necessary  to  give 
validity  to  any  proceedings  had  thereunder. 

§  35.  Proof  of  publication  of  any  notice  required  by  this  act  shall  be 
made  by  affidavit,  as  provided  in  the  Code  of  Civil  Procedure,  and  proof 
of  the  posting  of  any  such  notice  shall  be  made  by  the  affidavit  of  the 
person  posting  the  same,  setting  forth  the  facts  regarding  such  posting. 
It  shall  be  the  duty  of  any  officer  who  is  required  by  this  act  to  have 
any  notice  published  or  posted,  to  obtain  and  file  in  his  office  the  affi- 
davit or  affidavits  in  proof  thereof;  provided  that  his  failure  so  to  do 
shall  not  affect  the  validity  of  any  proceedings  under  this  act.  Any  such 
affidavit  so  filed  shall  be  prima  facie  evidence  of  the  facts  therein  stated 
regarding  such  publication  or  posting. 

§  36.  This  act  shall  in  no  wise  affect  an  act  entitled,  "An  act  to  pro- 
vide for  laying  out,  opening,  extending,  widening,  straightening,  or  clos- 
ing up,  in  whole  or  in  part,  any  street,  square,  lane,  alley,  court,  or 
place  within  municipalities,  and  to  condemn  and  acquire  any  and  all 
land  and  property  necessary  or  convenient  for  that  purpose,"  approved 
March  6,  1889,  or  amendments  thereto,  or  any  other  acts  on  the  same 
subject,  or  apply  to  proceedings  had  thereunder,  but  it  is  intended  to  and 
does  provide  an  alternate  system  of  proceedings  for  making  the  improve- 
ments provided  for  by  this  act;  and  it  shall  be  within  the  discretion  of 
the  city  council  or  any  municipality  to  proceed  in  making  such  improve- 
ments, either  under  the  provisions  of  this  act,  or  under  the  provisions  of 
such  other  acts;  but  when  any  proceedings  are  commenced  under  this 
act,  the  provisions  of  this  act,  and  of  such  amendments  thereof  as  may  be 
hereafter  adopted,  and  no  other,  shall  apply  to  all  such  proceedings,  and 
any  provisions  contained  in  said  acts  or  any  acts  in  conflict  with  the  pro- 
visions hereof  shall  be  void  and  of  no  effect  as  to  the  proceedings  com- 
menced under  the  provisions  of  this  act.  The  election  of  the  city  council 
to  proceed  under  the  provisions  of  this  act  shall  be  expressed  in  its  ordi- 
nance of  intention  to  order  the  work  done. 

§  37.  The  provisions  of  this  act  shall  be  liberally  construed  to  promote 
the  objects  thereof.  This  act  may  be  designated  and  referred  to  as  the 
"Street  Opening  Act  of  1903,"  and  shall  take  effect  and  be  in  force  upon 
its  passage  and  approval. 

The  amendatory  act  of  April  21,  1909,  contained  also  the  following: 
"§  11.  Any  proceeding  or  action  for  any  improvement,  such  as  is  provided  for 
in  this  act,  or  in  said  act  to  which  this  act  is  amendatory,  already  commenced 
and  pending  at  the  time  this  act  takes  effect,  under  or  by  virtue  of  any  ordi- 
nance of  intention  theretofore  passed,  shall,  from  the  stage  of  any  such  proceed- 
ing  or   action    already    commenced   and   in   progress   at   the    time    this   act    takes 


1273  STREETS.  Act  3929 

effect,  be  continued  nnder  the  provisions  of  this  act.  Any  such  proceeding  or 
action  shall  then  be  continued  and  conducted  under  the  provisions  of  this  act, 
with  full  force  and  effect  in  all  respects  from  the  stage  of  such  proceeding  or 
action  at  and  from  the  taking  effect  of  this  act ;  and  from  the  taking  effect  of 
this  act  all  proceedings  theretofore  had  for  any  such  improvement,  and  all 
proceedings  theretofore  had  or  taken  in  any  such  action,  are  hereby  ratified, 
confirmed,  and  made  valid,  and  it  shall  not  be  necessary  to  renew  or  conduct 
over  again  any  such  proceedings  or  actions,  commenced  prior  to  the  taking 
effect  of  this  act." 

ACT  3929. 

An  act  to  provide  for  local  improvements  upon  streets,  lanes,  alleys, 
courts,  places,  and  sidewalks,  and  for  the  construction  of  sewers 
within  municipalities,  such  act  to  be  known  as  "The  Local  Improve- 
ment Act  of  1901." 

[Became   a  law   under   constitutional  provisions   without   governor's   ap- 
proval, February  26,  1901.     Stats.  1901,  p.  34.] 
Citations.     Cal.  142/700. 

§  1.  All  streets,  lanes,  alleys,  places,  or  courts  in  the  municipalities 
of  this  state,  now  open  or  dedicated,  or  which  may  hereafter  be  opened 
or  dedicated  to  public  use,  shall  be  deemed  and  be  held  to  be  open  public 
streets,  lanes,  alleys,  places,  or  courts,  for  the  purposes  of  this  act,  and 
the  legislative  body  of  each  municipality  is  hereby  empowered  to  estab- 
lish and  change  the  grades  of  said  streets,  lanes,  alleys,  places,  or  courts, 
and  fix  the  width  thereof,  and  is  hereby  invested  with  jurisdiction  to 
order  to  be  done  thereon  any  of  the  work  mentioned  in  section  2  of  this 
act,  under  the  proceedings  hereinafter  described. 

§2.  Whenever  the  public  interest  or ,  convenience  may  require,  the 
legislative  body  is  hereby  authorized  and  empowered  to  order  the 
whole,  or  any  portion,  either  in  length  or  width,  of  the  streets,  avenues, 
lanes,  alleys,  courts,  or  places  of  any  such  municipality  graded  or  regraded 
to  the  official  grade,  planked  or  replanked,  paved  or  repaved,  macadamized 
or  remacadamized,  graveled  or  regraveled,  piled  or  repiled,  capped  or  re- 
capped, sewered  or  resewered,  supplied  or  resupplied  with  drains  for  storm- 
water  or  other  purposes,  and  to  order  sidewalks,  parkways,  manholes,  catch 
basins,  culverts,  cesspools,  gutters,  tunnels,  curbing,  and  cross-walks  to 
be  constructed  therein,  or  to  order  breakwaters,  levees,  or  walls  of  rock, 
or  other  material,  to  protect  the  same  from  overflow  or  injury,  and  to 
order  any  other  work  to  be  done  which  shall  be  necessary  to  complete  the 
whole  or  any  portion  of  said  streets,  avenues,  sidewalks,  lanes,  alleys, 
courts,  or  places,  and  it  may  order  any  of  the  said  work  to  be  improved, 
and  also  to  order  a  sewer  or  sewers,  with  outlets,  for  drainage  or  sanitary- 
purposes,  in,  over,  or  through  any  right  of  way  granted  or  obtained  for 
such  purpose;  and  to  provide  for  the  maintenance  of  any  such  work. 

§3.  Before  ordering  any  work  done  or  improvement  made,  which  is 
authorized  by  section  2   of  this  act,  the  legislative  body  shall  pass  a 


Act  3929,  §§  4,  5  GENERAL  LAWS,  1274 

resolution  referring  the  proposed  work  to  the  city  engineer,  if  there  be 
one,  and,  if  not,  to  some  civil  engineer  employed  by  them  for  the  pur- 
pose and  named  in  the  resolution,  and  instructing  him  to  make  to  the 
legislative  body  a  report  in  writing,  containing  his  recommendations  as 
to  the  best  method  of  doing  said  work  or  of  making  said  improvement, 
to  which  report  shall  be  attached  the  exhibits  hereinafter  referred  to. 

§  4.  Thereafter,  the  said  engineer  shall  file  with  the  clerk  of  the 
municipality  the  report  called  for  by  section  3  above,  and  annex  thereto 
the  following  exhibits,  to  wit: 

1.  A  description  of  the  work  to  be  done;  said  work  may  include  one 
or  more  streets  in  the  same  proceeding; 

2.  A  description  of  the  exterior  boundaries  of  the  district  which  will 
be  benefited  by  the  proposed  improvement  and  should  be  specially 
assessed  to  pay  the  cost  thereof; 

3.  Plans,  profiles,  cross-sections  and  specifications  of  the  work  required 
in  order  to  accomplish  said  improvement; 

4.  An  estimate  of  the  expense  of  said  improvements,  deducting  there- 
from the  estimated  cost  of  so  much,  if  any,  of  said  improvements  as 
may  be  by  law  required  to  be  done  by  railroads  having  tracks  upon  the 
streets  affected; 

5.  A  map  showing  the  district  above  referred  to,  and  also  the  sub- 
divisions of  the  property  within  said  district,  as  ascertained  by  said 
engineer,  each  of  which  subdivisions  shall  be  given  upon  said  map  a 
separate  number  in  red  ink; 

6.  A  list  referring  to  the  said  subdivisions  upon  said  map  by  the 
respective  red  ink  numbers,  thereof,  and  showing  the  names  of  the  owners, 
if  known,  otherwise  designating  them  as  unknown,  and  the  valuations  of 
said  respective  subdivisions,  as  the  same  appear  upon  the  last  assessment- 
roll  of  said  municipality,  if  they  so  appear,  otherwise  as  estimated  by 
said  engineer,  also  the  dimensions,  areas,  and  his  estimates  of  the  benefits 
which  the  respective  parcels  will  receive  from  said  improvement'; 

7.  An  estimate  of  all  incidental  expenses  likely  to  be  incurred  in  con- 
nection with  the  work,  such  as  clerical,  engineering,  inspection,  printing 
and  advertising. 

§  5.  After  the  report  of  the  engineer  provided  for  in  the  next  pre- 
ceding section  has  been  filed  with  the  clerk  of  the  municipality,  the 
legislative  body  of  said  municipality  shall  consider  the  same  and  have 
the  power,  by  resolution,  to  adopt  the.  same  as  filed  by  said  engineer,  or 
as  modified  by  the  legislative  body,  and  levy  the  assessment  accordingly, 
but  the  same  shall  not  constitute  a  lien  until  all  parties  interested  have 
had  an  opportunity  to  be  heard  as  hereinafter  provided;  in  the  same 
resolution  the  legislative  body  shall  set  forth  the   following: 

1st.  The  rate  of  interest  to  be  charged  upon   deferred  payments; 

2d.     The  time  to  be  allowed  upon  deferred  payments; 

3d.  The  rate  of  interest  to  be  allowed  upon  bonds  issued  to  cover  de- 
ferred payments; 

4th.  The  time  for  which  bonds  issued  to  cover  deferred  payments  are 
to  run;  ' 


1275  STREETS.  Act  3929,  §§  6,  7 

5th.  The  day  and  hour  when  and  where  any  and  all  persons  may 
appear  before  the  legislative  body  and  show  cause,  if  any  they  have,  why 
said  improvement  provided  for  in  said  resolution  should  not  be  carried 
out  in  accordance  therewith;  said  time  to  be  not  less  than  thirty  nor 
more  than  sixty  days  from  the  date  of  passage  of  said  resolution; 

6th.  A  description  of  the  exterior  boundaries  of  the  district  declared 
b}^  the  legislative  body  to  be  benefited  by  the  proposed  improvement  and 
assessed  to  pay  the  costs  and  expenses  thereof. 

The  rate  of  interest  above  referred  to  shall  not  exceed  seven  per  cent, 
and  in  the  same  resolution  the  legislative  body  shall  provide,  if  they  so 
determine,  that  the  work  covered  by  said  resolution  shall  include  main- 
tenance thereof  for  a  stated  number  of  years  to  be  fixed  by  said  resolu- 
tion. 

§  6.  After  the  passage  of  the  resolution  mentioned  in  section  5  hereof 
there  shall  be  conspicuously  posted  in  three  of  the  most  public  places 
within  the  municipality,  and  also  along  the  street  frontages  of  all  the 
real  property  within  the  district,  at  not  more  than  one  hundred  feet  in 
distance  apart,  notices  of  the  hearing  provided  for  in  section  5;  said 
notices  shall  be  headed,  "Notice  of  Local  Improvement,"  in  letters  of  not 
less  than  one  inch  in  length,  and  shall  in  legible  characters  state  the 
fact  of  the  passage  of  the  resolution  mentioned  in  section  5,  and  briefly 
describe  the  work  of  improvement  proposed,  and  refer  to  said  resolution 
for  further  particulars;  said  notice  shall  also  state  the  date,  hour  and 
place  for  which  the  said  hearing  has  been  set,  and  shall  notify  all  par- 
ties interested  in  any  real  estate  within  the  limits  of  said  district  then 
and  there  to  show  cause,  if  any  they  have,  why  the  said  improvements 
proposed  in  said  resolution  should  not  be  carried  out  in  accordance  there- 
with; said  notice  shall  also  contain  a  description  of  the  district  covered 
by  the  resolution  by  the  exterior  boundaries  thereof,  said  description 
to  be  in  bold-face  type;  said  notices  must  be  posted  at  least  twenty  days 
before  the  time  set  for  the  hearing,  and  must  be  published  twice  in  somp 
newspaper  of  general  circulation,  published  within  the  municipal  cor- 
poration in  which  the  improvements  are  to  be  made,  at  least  ten  days 
before  the  date  of  hearing. 

§7.  At  the  time  named  in  the  notice  hereinbefore  provided  for  for 
said  hearing  there  shall  be  filed  with  the  legislative  body  an  affidavit 
that  the  notice  has  been  posted  as  hereinbefore  provided  for,  and  an 
affidavit  of  the  printer  or  publisher  of  the  newspaper  in  which  said  no- 
tice has  been  published  that  the  same  has  been  published  as  hereinbefore 
provided  for,  and  the  legislative  body,  before  proceeding  with  said  hear- 
ing, shall  have  entered  upon  the  minutes  of  the  meeting  an  order  reciting 
that  notice  of  said  hearing  has  been  posted  and  published  according  to 
law,  and  such  recitals  shall  be  conclusive  evidence  of  the  facts  therein 
recited,  and  the  legislative  body  shall  thereupon  proceed  with  the  hear- 
ing of  any  objections  which  shall  have  been  made  in  writing  and  filed 
with  the  clerk  of  the  municipality  not  later  than  the  hour  for  hearing 
named  in  said  notice,  and  no  other  objections  shall  be  considered.  Said 
hearing  may  be   continued  from   time   to   time   by  the  legislative   body, 


Act  3929,  §§  8-12  GENERAL   LAWS.  1276 

and  all  parties  interested  shall  be  deemed  to  have  notice  of  said  continu- 
ances. All  objections  must  be  in  writing,  must  contain  a  description  of 
the  property  in  which  the  objector  is  interested,  and  set  forth  the  nature 
of  his  title  thereto  or  interest  therein,  and  must  state  the  objector's 
grounds  of  opposition,  and  must  be  signed  and  verified  by  the  objector 
himself,  or- his  attorney  in  fact,  and  objections  which  do  not  comply 
with  these  requirements  shall  not  be  considered  by  the  said  legislative 
body. 

§  8.  At  the  close  of  the  hearing  provided  for  in  the  preceding  sec- 
tion, the  legislative  body  shall  pass  a  resolution  setting  aside,  modifying, 
or  confirming  the  resolution  provided  for  in  section  5  hereof,  and  where 
the  same  is  confirmed  or  modified,  the  lien  of  the  assessment  provided 
for  therein  shall  immediately  become  attached  to  the  respective  parcels 
of  land  in  accordance  with  said  confirmed  or  modified  resolution. 

§  9.  Any  action  to  contest  an  assessment  levied  by  the  legislative 
body  of  any  municipality  under  the  terms  of  this  act  must  be  com- 
menced within  thirty  days  after  the  entry  upon  the  minutes  of  such 
legislative  body  of  the  resolution  provided  for  in  the  preceding  section 
hereof;  and  any  appeal  from  a  final  judgment  in  such  an  action  must 
be  perfected  within  thirty  days  after  the  entry  of  such  judgment. 

§  10.  After  the  expiration  of  thirty  days  from  the  passage  of  the 
resolution  provided  for  in  section  8  hereof,  the  clerk  of  the  municipality 
shall  transmit  to  the  tax  collector  of  the  municipality  the  map  and  list 
provided  for  in  subdivisions  5  and  6,  respectively,  of  section  4  hereof, 
and  any  modification  made  by  the  legislative  body  therein;  provided, 
however,  if  any  actions  have  been  brought  within  thirty  days  after  the 
passage  of  the  resolution  referred  to  in  section  8,  such  transmission  shall 
be  postponed  until  such  actions  have  been  finally  determined. 

§  11.  Upon  the  receipt  of  the  map  and  list  referred  to  in  the  last 
preceding  section,  the  tax  collector  of  the  municipality  shall  record  the 
same  in  a  substantial  book  to  be  kept  for  that  purpose  in  his  oflice. 
Said  book  shall  also  be  ruled  with  appropriate  columns,  in  which  the 
tax  collector  shall  exrend  the  amounts  of  all  installments  of  principal  and 
interest  and  deferred  payments,  and  each  of  said  columns  shall  be  pro- 
vided with  a  space  m  which  he  shall  make  record  of  the  fact  and  date 
of  all  payments  received  by  him;  and  there  shall  also  be  a  column  in 
which  snail  be  entered  a  reference  by  volume  and  page  to  the  respective 
agreements  under  which  said  deferred  payments  are  made. 

§  12.  The  tax  collector  of  the  municipality  shall  thereupon  fix  a  day, 
not  less  than  thirty  nor  more  than  forty  days  from  the  date  of  the 
receipt  by  him  of  the  map  and  list  transmitted  to  him  under  the  pro- 
visions of  section  10  hereof,  which  day  shall  be  the  last  day  for  cash 
payments;  and  also  shall  fix  a  day  for  the  sale  of  the  various  parcels 
of  land  within  said  district,  which  said  day  shall  be  not  less  than  forty 
nor  more  than  sixty  days  from  the  receipt  by  him  of  the  map  and  list 


1277  STREETS.  Act  3929,  §  13 

transmitted  to  him  under  the  provisions  of  section  10  hereof;  notice 
thereof  shall  be  given  in  conformity  with  the  general  laws  of  the  state  of 
California  providing  for  notice  of  sale  of  real  estate  upon  execution,  and 
shall  be  posted  and  published  in  the  same  manner  as  such  notices;  pro- 
vided, however,  that  the  descrijftions  of  the  various  parcels  need  not  be 
set  out  at  length,  but  only  by  the  respective  numbers  of  the  same,  as  the 
same  appear  upon  the  assessment  and  diagram,  which  shall  be  properly 
referred  to  in  said  notice;  which  shall  be  in  one  writing,  containing  all 
of  said  descriptions. 

§  13.  At  the  time  and  place  fixed  for  the  sale  of  said  property  by 
the  ternjs  of  the  notice  referred  to  in  the  last  section,  the  tax  collector 
shall  sell  the  respective  parcels  of  land  within  said  district,  the  assess- 
ments against  which  have  not  been  paid  or  bonded  against  as  hereinafter 
provided,  or  so  much  of  each  parcel  as  shall  be  necessary  to  realize  the 
amount  assessed  against  such  parcel  and  its  proportion  of  the  expenses  of 
sale,  in  the  order  of  their  numbers  upon  the  map  provided  for  in  gub- 
division  5  of  section  4  hereof,  at  which  sale  the  municipality  may  be  a 
purchaser;  provided,  however,  if  at  or  before  the  time  fixed  in  the  notice 
of  sale  the  owner  of  any  parcel  shall  file  with  the  tax  collector  a  written 
agreement,  waiving  all  objections,  of  whatsoever  kind  or  nature,  against 
the  assessment  and  all  proceedings  with  reference  to  the  same,  and 
undertaking  to  pay  the  assessment  on  his  parcel  in  yearly  installments 
not  to  exceed  ten  in  number,  the  first  of  which  shall  be  paid  at  the  time 
said  agreement  is  filed,  and  the  others  annually  thereafter,  one  each 
year,  at  the  time  when  the  first  installment  of  municipal  taxes  within 
said  municipality  is  payable,  with  interest  on  all  deferred  payments  at 

the  rate  of  per  cent  per  annum,  being  the  same  rate  fixed  by  the 

resolution  provided  for  in  section  5  above  for  deferred  payments,  pay- 
able at  the  same  time  as  the  installments  of  principal,  then,  and  in  that 
event,  the  tax  collector  shall  mark  upon  the  record  of  the  assessment, 
opposite  the  respective  descriptions  or  numbers  of  such  parcels,  memo- 
randa to  the  effect  that  time  has  been  given;  said  waivers  and  under- 
takings shall  be  taken  upon  printed  forms  provided  by  the  tax  col- 
lector, bound  in  a  substantial  book  and  kept  among  the  records  of  his 
office;  said  agreements  shall  contain  a  provision  to  the  effect  that  in  case 
of  default  in  paym.ent  of  any  installment  of  principal  provided  for 
therein,  or  interest  accrued  on  deferred  payments,  at  the  time  called  for 
by  said  agieements,  then,  in  that  event,  the  entire  remaining  unpaid 
installments  shall  become  immediately  due  and  payable,  and  the  tax 
collector  shall  then  forthwith,  upon  twelve  days'  written  notice  mailed  to 
the  last  known  address  of  the  party,  sell  the  property  covered  by  the 
delinquent  payment  to  realize  the  entire  unpaid  balance  of  said  install- 
ments, with  accrued  interests  and  costs  of  sale;  provided,  the  same  have 
not  been  paid  before  the  expiration  of  said  twelve  days.  At  such  sale 
the  municipality  may  be  a  bidder;  said  agreement  shall  provide  that  the 
entire  unpaid  balance  may  be  paid  at  any  time  before  maturity,  together 
with  interest  on  all  deferred  payments,  until  the  date  of  maturity  of 
the  installment  of  principal  next  falling  due. 


Act  3929,  §§  14-18  GENERAL  LAWS.  1278 

§  14.  The  tax  collector  shall  issue  for  each  sale  an  original  and  dupli- 
cate certificate  of  sale,  referring  to  the  proceedings,  describing  the  par- 
cels sold,  and  containing  the  name  of  the  purchaser;  the  originals  he 
shall  deliver  to  the  purchaser,  and  the  duplicates  he  shall  keep  on  file 
in  his  office  in  the  form  of  stubs  in  a  certificate-book. 

§  15.  If  the  property  sold  as  provided  in  the  above  proceedings  be  not 
redeemed  within  one  year  after  the  sale,  the  tax  collector  shall  then 
issue  to  the  party  named  in  the  original  certificate,  or  his  assignee,  a 
deed  of  the  property  described  in  said  certificate,  which  said  deeds  shall 
refer,  in  general  terms,  to  the  proceedings  under  which  the  same  is  issued, 
and  shall  contain  a  description  of  the  property,  following  the  descrip- 
tion in  the  certificate;  the  grantee  of  such  deed  is,  immediately  upon 
receipt  thereof,  entitled  to  possession  of  the  property  described  therein. 

§  16.  At  any  time  before  the  expiration  of  the  year  above  provided 
for,  in  which  redemption  may  be  made,  any  property  sold  under  the 
provisions  of  the  preceding  sections  may  he  redeemed  by  the  payment  to 
the  tax  collector  of  the  amount  for  which  the  property  was  sold,  with 
an  additional  penalty  of  twenty-five  per  cent  of  the  amount  for  which 
the  same  was  sold;  all  redemption  money  shall  be  paid  by  the  tax  col- 
lector to  the  persons  holding  the  respective  original  certificates  of  sale, 
upon  their  delivering  up  the  same,  and  receipting  for  the  amount  received 
from  the  tax  collector  therefor. 

§  17.  The  said  funds  collected  by  the  tax  collector  under  the  pro- 
ceedings herein  provided  for,  either  upon  voluntary  payment  or  as  the 
result  of  sales,  shall  be  paid  by  said  tax  collector,  as  fast  as  collected, 
to  the  treasurer  of  said  municipality,  who  shall  enter  the  same  in  a 
special  fund  designated  by  reference  to  the  number  of  the  proceeding, 
and  shall  be  paid  out  only  for  purposes  provided  for  in  this  act. 

§  18.  After  all  sales  above  provided  for  have  been  made,  the  tax  col- 
lector shall  report  to  the  legislative  body  of  the  municipality,  the  amount 
of  cash  collections  and  the  amount  of  installment  agreements  taken;  at 
any  time  thereafter  the  legislative  body  may  order  bonds  issued  against 
the  said  special  local  improvement  fund,  in  such  denominations  and  on 
such  terms,  not  to  exceed  ten  years,  and  at  such  rate  of  interest,  not  to 
exceed  seven  per  cent  per  annum,  as  they  shall  have  designated  in  said 
proceedings,  the  aggregate  of  such  bonds  not  to  exceed  the  amount  of 
the  installment  agreements  taken,  as  above  set  forth;  the  form  of  such 
bonds  shall  be  substantially  as  follows: 

"LOCAL  IMPROVEMENT  BOND. 
"District  No.  . 

"Under  and  by  virtue  of  an  act  of  the  legislature  of  the  state  of 
California"  (title  of  this  act)  "the"  (insert  the  legal  title  of  the  munici- 
pality) "out  of  the  fund  hereinafter  referred  to,  will  pay  to  the  bearer 
the  sum  of  $ United  States  gold  coin  of  the  same  weight  and  fine- 


1279  STREETS.  Act  3929,  §  18 

ness  as  that  now  issued  from  the  mints  of  the  United  States  of  America 

with  interest  thereon,  in  like  gold  coin,  at  the  rate  of  per  cent  per 

annum,  all  as  hereinafter  specified,  and  at  the  office  of  the  treasurer  of 
said  municipality. 

"This  bond  is  payable  exclusively  from  street  improvement  fund  num- 
ber   "  (here  insert  designation  of  special  fund,  as  same  is  identified 

on  the  books  of  the  treasurer  of  the  municipality,  as  provided  in  section 
19  of  this  act),  "and  neither  the  municipality  nor  any  officer  thereof 
shall  be  holden  for  payment  otherwise  of  its  principal  or  interest;  and 
installments  of  principal  and  interest  accruing  hereon  shall  be  payable 
out  of  any  moneys  in  said  fund  at  the  date  of  their  maturity,  in  order 
of  presentation,  and  shall  be  secured  by  all  agreements  and  liens  pro- 
vided for  by  this  act  and  arising  out  of  the  improvement  to  which  said 

fund  relates.     The  term  of  this  bond  is  years  from  its  date,  and,  at 

the  expiration  of  said  time,  the  whole  sum  then  unpaid  shall  be  due  and 
payable;  but  on  the  second  day  of  January  of  each  year  after  its  date, 
an  even  annual  proportion  of  its  whole  amount  is' due  and  payable,  upon 
the  presentation  of  the  coupon  therefor,  until   the  whole   is  paid,  with 

all  accrued  interest,  at  the  rate  of per  cent  per  annum.     The  interest 

is  payable  semi-annually,  to  wit:  On  the  second  days  of  January  and 
July  in  each  year  hereafter,  upon  the  presentation  of  the  coupons  there- 
for, the  first  of  which  is  for  the  interest  from  date  to  the  next  second 

day   of  ,   and   thereafter   the   iiiterest    coupons   are   for   semi-annual 

interest,  except  the  last,  which  is  for  interest  from  the  semi-annual 
payment  next  preceding  and  to  the  date  of  the  final  maturity  of  this 
bond.  Should  default  be  made  in  the  annual  payment  upon  the  prin- 
cipal, or  in  any  payment  of  interest,  the  holder  of  this  bond  is  entitled 
to  declare  the  whole  unpaid  amount  to  be  due  and  payable,  and  to  have 
all  liens  and  agreements,  which  are  security  for  said  fund  and  are  then 
enforceable,  immediately  enforced  in  payment  thereof.  The  principal 
hereof  may  be  paid,  at  the  option  of  said  municipality,  at  any  time  before 
maturity.  Notice  of  such  redemption  must  be  published  hj  the  treas- 
urer of  said  municipality  once  in  some  newspaper  of  general  circulation, 
published  in  said  municipality,  or  at  the  county  seat  of  the  county  in 
which  the  same  is  located,  and,  at  the  expiration  of  one  month  from 
said  publication,  interest  on  all  principal  sums  covered  by  such  notice 
shall  cease. 

"At  said  of  the  day  of in  the  year  one  thousand 

hundred  and  .  •, 

Insert  title  of  (presiding  officer  of  the  legislative  body.) 

"Treasurer  of  the"    (name   of  municipality). 

Said  bonds  shall  be  signed  by  the  presiding  officer  of  the  legislative 
body  of  the  municipality  and  countersigned  by  the  treasurer  of  said 
municipality,  and  the  seal  of  the  municipality  shall  be  affixed  thereto. 
Said  coupons  shall  be  signed  by  the  treasurer  of  the  municipality,  and 
his   signature    thereto    may   be   by   lithograph. 

Said  bonds  shall  then  be  sold  at  not  less  than  par  to  the  highest  bidder, 
for  cash  in  United  States  gold  coin;  the  proceeds  shall  be  paid  into  the 
said  special  local  improvement  fund  in  the  treasurer's  hands. 


Act  3929.  §  19  GENERAL  LAWS,  1280 

§  19.  At  any  time  after  the  funds  for  the  work,  or  any  part  of  the 
work,  are  actually  in  the  hands  of  the  treasurer,  the  legislative  body 
may  let  the  contract,  or  contracts,  for  such  work,  or  the  respective  parts 
thereof;  all  contracts  shall  be  let  to  the  lowest  responsible  bidder,  after 
notice  published  in  some  newspaper  of  general  circulation  published 
within  the  municipality,  for  two  insertions,  a  week  apart;  or  if  there  be 
no  such  newspaper,  then  by  such  posting  as  the  legislative  body  may 
provide. 

Every  bid  shall  be  accompanied  by  the  certified  check  amounting  to 
ten  per  cent  of  the  bid,  payable  to  the  order  of  the  presiding  officer  of 
the  legislative  body  of  the  municipality,  and  the  same  shall  be  forfeited 
to  the  municipality  in  case  the  bidder  depositing  the  same  do  not,  within 
ten  days  after  written  notice  that  the  contract  has  been  awarded  to 
him,  enter  into  a  contract  with  the  municipality  for  the  work,  the  faith- 
ful performance  of  which  shall  be  secured  by  an  undertaking  in  such 
penal  sum  as  the  legislative  body  shall  require,  and  with  sureties  satis- 
factory to  said  body;  when  such  contract  and  bond  have  been  entered 
into,  said  check  shall  be  returned  to  the  successful  bidder;  the  unsuccess- 
ful bidders  shall  receive  their  checks  upon  notice  of  rejection  of  their 
bids;  and  the  legislative  body  may  require,  and,  if  so,  it  must  be  stated 
in  the  original  resolution  and  petition  and  in  the  notice  for  bids,  that  the 
contractor  to  whom  the  work  is  awarded  shall  furnish  the  municipality 
with  a  bond  in  such  sum  and  with  .such  responsible  surety  corporation 
(legally  qualified  to  carry  on  business  in  the  state  of  California),  as 
guarantor,  as  shall  be  approved  by  said  legislative  body,  conditioned 
that  the  said  contractor  shall  maintain  free  from  all  defects,  except  such 
as  may  result  from  ordinary  wear  and  tear,  the  work  contracted  for 
and  performed  for  such  period  as  may  be  designated  by  said  legislative 
body. 

The  contract  must  provide  that  the  work  be  done,  and  the  work 
must  be  done,  strictly  in  accordance  with  the  plans  and  specifications 
provided  for  in  section  4  of  this  act,  as  modified  by  the  resolution  pro- 
vided for  in  section  5  of  this  act;  the  contract  must  contain  provisions 
making  it  comply  with  the  terms  of  all  statutes  of  the  state  of  California 
in  force  at  the  time  of  the  making  of  the  contract,  with  reference  to 
employment,  hours  and  wages  of  labor. 

The  work  must  be  done  under  the  supervision  of  the  superintendent  of 
streets  of  the  municipality,  or  such  deputy  or  deputies  as  the  legislative 
body  shall  appoint  for  the  purpose. 

No  work  shall  be  paid  for  until  it  has  been  accepted  by  the  legislative 
body.  Whenever  the  contractor  desires  the  work  or  part  thereof  to  be 
accepted  he  must  make  written  application  to  that  effect  to  the  legis- 
lative body  of  the  municipality.  Upon  the  filing  of  such  application  for 
acceptance,  the  clerk  of  the  municipality  shall  give  at  least  five  days' 
notice  by  publication  within  the  municipality  or  by  posting  upon  the 
premises  affected,  as  the  legislative  body  shall  determine,  that  at  a 
certain  time  to  be  named  in  said  notice  the  legislative  body  of  the 
municipality  will  hear  and  consider  any  objections  to  the  acceptance  of 
the  work  or  part  of  the  work  for  the  acceptance  of  which  said  con- 


1281  STREETS.  Act  3929,  §§  20-23 

tractor  has  made  such  application,  and  only  after  such  hearing  shall  any 
work  be  accepted.  If  upon  such  hearing  objections  to  the  acceptance 
are  made  and  held  by  the  legislative  body  to  be  good,  the  legislative 
body  must  require  the  contractor  to  take  such  steps  as  will  remove  such 
objections,  and  in  the  event  of  his  failure  to  do  so  within  such  time  as 
the  legislative  body  shall  prescribe,  the  legislative  body  may  relet  such 
portion  of  the  work  and  charge  the  contractor  the  cost  thereof  together 
with  all  expenses  incident  to  said  reletting,  and  retain  the  same  out  of 
any  moneys  due  or  to  become  due  to  him  under  the  contract,  and  also 
hold  him  and  his  sureties  responsible  therefor  upon  his  bond. 

The  work  must  be  commenced  and  completed  within  such  time  as  the 
legislative  body  shall  prescribe.  If  the  contractor  abandon  the  work,  or 
fail  to  proceed  with  the  same  as  rapidly  as  required  by  his  contract,  the 
legislative  body  may  relet  the  work  and  pay  the  cost  of  the  same  out 
of  any  funds  due  or  to  grow  due  the  contractor,  and  also  any  expenses 
incidental 'to  the  reletting,  and  also  hold  him  and  his  sureties  responsible 
for  the  same  upon  his  bond,  and  also  for  any  damages  resulting  from 
such  abandonment. 

§20.  In  case  the  first  assessment  for  any  local  improvement  prove 
insufficient,  a  second  may  be  made  in  the  same  manner  as  nearly  as  may 
be,  except  that  no  protest  shall  be  entertained  upon  subject  matter 
already  decided  in  the  first  hearing,  and  so  on  until  sufiS.eient  money  shall 
have  been  realized  to  pay  for  such  local  improvement. 

§  21.  If  at  any  time  an  assessment  for  any  local  improvement  shall 
realize  a  larger  sum  than  is  necessary  for  such  improvement,  the  excess 
shall  be  refunded  upon  warrant  on  the  treasurer,  authorized  by  the  legis- 
lative body,  pro  rata,  to  the  parties  by  whom  it  was  paid;  and,  in  the 
case  of  installment  assessments,  shall  be  credited  on  the  unpaid  install- 
ments, beginning  with  the  one  due  at  the  latest  date. 

§  22.  All  special  assessments  levied  under  this  act  shall,  from  the 
date  of  confirmation  as  provided  in  section  8  hereof,  be  a  lien  upon  the 
real  estate  upon  which  they  are  imposed,  paramount  to  all  other  liens, 
except  prior  assessments  and  general  taxes,  and  such  lien  shall  continue 
until  such  special  assessments  are  paid;  and  all  parties  shall  have  con- 
structive notice  of  such  lien  from  the  date  of  entry  of  the  resolution 
referred  to  in  section  8  above. 

§  23.  Whenever  the  majority  of  frontage  between  any  two  consecu- 
tive crossings  upon  any  of  the  public  ways  mentioned  in  section  1  of 
this  act,  has  been  improved,  the  legislative  body  may  compel  the  re- 
mainder of  said  frontage  between  said  crossings  to  be  similarly  improved 
without  other  proceedings  than  those  provided  for  in  this  section  as 
follows,  to  wit:  The  legislative  body  shall  pass  a  resolution  ordering 
eaid  work  to  be  done,  briefly  describing  the  work  and  the  property  in 
front  of  which  the  work  is  to  be  done,  and  fixing  a  time  when  objections 
to  the  doing  of  said  work  will  be  heard  by  said  legislative  body,  which 
said  time  shall  be  not  less  than  two  weeks  nor  more  than  thirty  days 
Gen.  Laws — 81 


Act  3929,  §§  24,  25  GENERAL  LAWS.  1282 

from  tbe  date  of  the  passage  of  the  resolution;  at  least  ten  days  before 
the  time  named  in  said  resolution  for  said  hearing  the  clerk  of  the 
municipality  shall  mail  a  copy  of  said  resolution  to  the  person  or  persons 
to  whom  the  property  in  front  of  which  the  said  work  is  to  be  done  is 
assessed  upon  the  last  preceding  assessment-roll  of  such  municipality, 
at  their  addresses  if  known,  otherwise  addressed  to  the  care  of  the 
United  States  postoffice  in  the  municipality,  shall  personally  serve  upon 
the  person  or  persons  in  possession  of  the  premises,  if  the  same  be  occu- 
pied, and  shall  post  a  copy  of  the  same  in  a  conspicuous  place  upon  the 
said  premises,  and  the  certificate  of  said  clerk  to  the  effect  that  said 
mailing,  posting  and  service  has  been  done  shall  be  filed  with  the 
legislative  body  and  entered  upon  their  minutes,  and  said  entry  shall 
constitute  conclusive  evidence  of  the  facts  stated  in  said  certificate;  at 
the  time  named  in  said  resolution  said  legislative  body  shall  meet  and 
consider  any  objections  which  may  be  made  to  the  doing  of  said  work; 
if  there  are  no  objections  or  if  the  legislative  body  overrule  'the  same, 
the  legislative  body  shall  then  pass  a  resolution  ordering  said  work  to 
be  done;  if  within  ten  days  after  the  passage  of  the  last  named  resolution 
satisfactory  evidence  be  not  produced  to  the  legislative  body  that  the 
said  work  is  to  be  immediately  done  by  private  contract  the  legislative 
body  may  advertise  for  bids  for  such  work  by  such  publication  or 
posting  as  they  shall  deem  necessary  and  let  the  work  to  the  lowest 
responsible  bidder,  and  pay  for  the  same  out  of  the  general  fund  or  any 
other  fund  available  for  the  purpose;  the  entire  cost  of  such  work  to- 
gether with  the  expenses  incidental  to  the  proceedings  therefor  shall 
be  charged  against  the  property  in  front  of  which  the  same  has  been 
done;  the  clerk  of  the  municipality  shall  immediately  upon  the  com- 
pletion and  acceptance  of  the  work  file  an  itemized  statement  of  said 
charge  with  the  recorder  of  the  county  in  which  the  municipality  is 
located,  and  thereupon  the  said  charge  shall  become  a  lien  upon  the 
property  affected,  which  said  lien  shall  relate  back  to  the  date  of  the 
passage  of  the  original  resolution  first  above  mentioned  and  shall  be 
continued  upon  such  property  until  the  same  is  paid  in  full  with  interest 
at  seven  per  cent  from  the  date  of  the  record  of  such  statement;  and 
the  municipality  shall  have  power  to  enforce  said  lien  by  foreclosure 
suit  and  sell  said  property  for  the  satisfaction  thereof. 

§  24.  This  act  shall  be  known  as  "The  Local  Improvement  Act  of 
1901"  and  shall  take  effect  and  be  in  force  upon  its  passage  and  approval. 

§  25.  This  act  shall  in  no  wise  affect  an  act  entitled  "An  act  to 
provide  for  work  upon  streets,  lanes,  alleys,  courts,  places  and  side- 
walks, and  for  the  construction  of  sewers  within  municipalities,"  ap- 
proved March  eighteenth,  eighteen  hundred  and  eighty-five,  or  amend- 
ments thereto,  or  an  act  entitled  "An  act  to  provide  a  system  of  street 
improvement  bonds  to  represent  certain  assessments  for  the  cost  of  street 
work  and  improvement  within  municipalities,  and  also  for  the  payment 
of  said  bonds,"  approved  February  twenty-seventh,  eighteen  hundred  and 
ninety-three;  or  any  of  said  acts;  but  is  intended  to  and  does  provide 


1283  STREETS.  Act  3930 

an  alternate  system  of  proceedings  for  public  improvements,  and  it  shall 
be  within  the  discretionary  power  of  the  legislative  body  of  any  munici- 
pality to  proceed  in  making  such  improvements,  either  under  the  pro- 
visions of  this  act,  or  under  the  provisions  of  the  other  said  acts,  but 
when  any  proceedings  are  commenced  under  this  act  tlie  provisions  of 
this  act,  and  such  amendments  thereto  as  may  hereafter  be  adopted, 
and  no  other,  shall  thereafter  apply  to  all  such  proceedings;  but  any 
provision  contained  in  said  or  any  other  acts  in  conflict  with  provisions 
hereof  shall  be  void  as  to  and  of  no  effect  upon  proceedings  commenced 
under  the  provisions  of  this  act. 

ACT  3930. 

An  act  to  provide  for  work  upon  streets,  lanes,  alleys,  courts,  places, 
and  sidewalks,  and  for  the  construction  of  sewers  within  munici- 
palities. 

[Approved  March  18,  1885.  Stats.  1885,  p.  147.] 
Amended  1887,  p.  148;  1889,  p.  157;  1891,  pp.  116,  196,  461;  1893,  pp.  33. 
89,  172;  1899,  p.  23;  1903,  p.  88;  1905,  pp.  15,  63;  1907,  pp.  126,  1000; 
1909,  pp.  31,  399,  1017. 

Repe.Tled  so  far  as  it  relates  to  sidewalks  by  Act  3934,  post. 
Citations.  Cal.  69/467,  468,  471,  472,  475,  478,  479,  486;  73/75,  78; 
76/453;  82/190;  86/108,  466,  467,  468;  87/216,  217,  219,  580;  88/570,  571; 
90/38,  39,  40,  613;  93/404;  96/185,  186,  187,  188,  189,  398;  97/303,  310, 
312,  314,  317;  98/11,  430;  99/295,  517,  521;  102/236,  406,  417,  423,  424, 
651;  103/54,  55,  60,  66,  78,  175,  529;  104/458;  105/164;  107/234,  429,  430, 
431,  496;  108/35,  36,  169;  112/591;  114/142,  148,  150,  151,  152,  153; 
115/228;  116/608,  609;  117/319,  322;  119/591;  121/315,  435,  632;  122/541, 
544;  123/547;  125/40;  126/171,  173;  126/218;  127/493;  128/143,  378; 
129/274;  130/470;  133/104,  105,  106;  134/423;  135/246;  136/148,  149, 
249;  137/152;  138/125,  126,  128,  29,  30,  54,  55,  123;  139/56;  142/691, 
693,  696,  700;  143/428;  144/377,  379,  380,  381,  382;  145/180,  261,  583, 
584;  146/356,  377,  452,  453,  637,  723;  153/292,  293;  154/6,  304,  405.  App. 
2/575,  576;  4/386,  387,  391,  392;  6/615,  616. 

AMDT.  1889. 

Citations.  Cal.  97/314;  99/388;  102/236,  237,  407,  417,  650;  103/64,  66, 
529;  105/249;  107/234;  111/29;  114/154;  117/319.   App.  1/309. 

AMDT.  1891. 

Citations.  Cal.  104/341;  106/499;  114/154;  117/319;  120/624;  121/435; 
122/541;  123/205;  128/115;  129/274,  383;  132/149,  151;  134/250;  135/663; 
136/373;  146/637,  639;  148/532.  App.  2/44,  45,  537,  643;  4/57,  230,  232, 
233,  234. 

AMDT.  1893. 

Citations.  Cal.  102/417,  423;  106/158;  126/444;  128/129;  138/123,  124, 
129,  130;   146/356,  368,   370,   374. 

See  Thomason  v.  Ruggles,  69  Cal.  465 ;  and  Oakland  Pav.  Co.  v.  Hilton, 
Id.  479. 

Part  I. 
§  1.     All  streets,  lanes,  alleys,  places,  or  courts,  in  the  municipalities 
of  this  state  now  open  or  dedicated,  or  which  may  hereafter  be  opened 
or  dedicated  to  public  use,  shall  be  deemed  and  held  to  be  open  public 


Act  3930,  §§  2,  3  GENERAL  LAW3.  1284 

streets,  lanes,  alleys,  places,  or  courts,  for  the  purposes  of  this  act,  and 
the  city  council  of  each  municipality  is  hereby  empowered  to  establish 
and  change  the  grades  of  said  streets,  lanes,  alleys,  places,  or  courts, 
and  fix  the  width  thereof,  and  is  hereby  invested  with  jurisdiction  to 
order  to  be  done  thereon  any  of  the  work  mentioned  in  section  2  of  this 
act,  under  the  proceedings  hereinafter  described. 

§  2.  Whenever  the  public  interest  or  convenience  may  require,  the  . 
city  council  is  hereby  authorized  and  empowered  to  order  the  whole,  or 
any  portion,  either  in  length  or  width,  of  the  streets,  avenues,  lanes, 
alleys,  courts,  or  places  of  any  such  city  graded  or  regraded  to  the 
official  grade,  planked  or  replanked,  paved  or  repaved,  macadamized  or 
remacadamized,  graveled  or  regraveled,  piled  or  replied,  capped  or  re- 
capped, oiled  or  reoiled,  sewered  or  resewered,  and  to  order  sidewalks, 
manholes,  culverts,  bridges,  cesspools,  gutters,  timnels,  curbing,  and 
cross-wallis  to  be  constructed  therein,  or  to  order  storm-water  ditches 
and  channels,  breakwaters,  levees,  or  walls  of  rock,  or  other  material, 
to  protect  the  same  from  overflow  or  injury,  and  to  order  any  work  to 
be  done  which  shall  be  necessary  to  complete  the  whole  or  any  portion 
of  said  streets,  avenues,  sidewalks,  lanes,  alleys,  courts,  or  places,  and 
it  may  order  any  of  the  said  work  to  be  improved;  and  also  to  order  a 
sewer  or  sewers,  with  outlets,  for  drainage  or  sanitary  purposes,  in, 
over,  or  through  any  right  of  way  granted  or  obtained  for  such  purpose 
and  also  to  order  storm-water  drain,  or  storm-water  drains,  with  outlets, 
for  drainage  or  sanitary  purposes,  in,  over,  or  through  any  right  of 
way  granted  or  obtained  for  such  purpose.  [Amendment  approved  April 
21,  1909.     Stats.  1909,  p.  1017.     In  effect  immediately.] 

§  3.  Before  ordering  any  work  done  or  improvement  made,  which  is 
authorized  by  section  2  of  this  act,  the  city  council  shall  pass  a  resolu- 
tion of  intention  so  to  do,  and  describing  the  work,  which  shall  be  posted 
conspicuously  for  two  days  on  or  near  the  chamber  door  of  said  council, 
and  published  by  two  insertions  in  one  or  more  daily,  semi-weekly,  or 
weekly  newspapers  published  and  circulated  in  said  city,  and  designated 
by  said  council  for  that  purpose.  The  street  superintendent  shall  there- 
upon cause  to  be  conspicuously  posted  along  the  line  of  said  contem- 
plated work  or  improvement,  at  not  more  than  one  hundred  feet  in 
distance  apart,  but  not  less  than  three  in  all,  or  when  the  work  to  be 
done  is  only  upon  an  entire  crossing  or  any  part  thereof,  in  front  of  each 
quarter  block  and  irregular  block  liable  to  be  assessed,  notices  of  the 
passage  of  said  resolution.  Said  notice  shall  be  headed  "Notice  of  Street 
Work,"  in  letters  of  not  less  than  one  inch  in  length,  and  shall,  in  legible 
characters,  state  the  fact  of  the  passage  of  the  resolution,  its  date,  and 
briefly  the  work  or  improvement  proposed,  and  refer  to  the  resolution 
for  further  particulars.  He  shall  also  cause  a  notice,  similar  in  sub- 
stance, to  be  published  for  six  days  in  one  or  more  daily  newspapers 
published  and  circulated  in  said  city,  and  designated  by  said  city  coun- 
cil, or  in  cities  where  there  is  no  daily  newspaper,  by  one  insertion  in  a 
semi-weekly   or    weekly    newspaper    so    published,    circulated   and    desig- 


1285  STREETS.  Act  3930,  §  3 

nated.  In  case  there  is  no  such  paper  published  in  said  city,  said  notice 
shall  be  posted  for  six  daj's  on  or  near  the  chamber  door  of  said  coun- 
cil, and  in  two  other  conspicuous  places  in  said  cit^y,  as  hereinafter  pro- 
vided. The  owners  of  a  majority  of  the  frontage  of  the  property  front- 
ing on  said  proposed  work  or  improvement,  where  the  same  is  *for  one 
block  or  more,  may  make  a  written  objection  to  the  same  within  ten 
days  after  the  expiration  of  the  time  of  the  publication  and  posting  of 
said  notice,  which  objection  shall  be  delivered  to  the  clerk  of  the  city 
council,  who  shall  indorse  thereon  the  date  of  its  reception  by  him.  and 
such  objections  so  delivered  and  indorsed  shall  be  a  bar  for  six  months 
to  any  further  proceedings  in  relation  to  the  doing  of  said  work  or 
making  said  improvements,  unless  the  owners  of  the  one-half  or  more 
of  the  frontage,  as  aforesaid,  shall  meanwhile  petition  for  the  same  to  be 
done.  At  any  time  before  the  issuance  of  the  assessment-roll,  all  owners 
of  lots  or  lands  liable  to  assessment  therein,  who,  after  the  first  publica- 
tion of  said  resolution  of  intention,  may  feel  aggrieved,  or  who  may 
have  objections  to  any  of  the  subsequent  proceedings  of  said  council  in 
relation  to  the  performance  of  the  work  mentioned  in  said  notice  of 
intention,  shall  file  with  the  clerk  a  petition  of  remonstrance,  wherein 
they  shall  state  in  what  respect  they  feel  aggrieved,  or  the  proceedings 
to  which  they  object;  such  petition  or  remonstrance  shall  be  passed  upon 
by  the  said  city  council,  and  its  decision  therein  shall  be  final  and  con- 
clusive. But  when  the  work  or  improvement  proposed  to  be  done  is 
the  construction  of  sewers,  manholes,  culverts,  or  cesspools,  cross-walks, 
or  sidewalks,  curbs  and  gutters,  and  the  objection  thereto  is  signed  by 
the  owners  of  a  majority  of  the  frontage  liable  to  be  assessed  for  the 
expense  of  said  work,  as  aforesaid,  the  said  city  council  shall,  at  its 
next  meeting,  fix  a  time  for  hearing  said  objections,  not  less  than  one 
week  thereafter.  The  city  clerk  shall  thereupon  notify  the  persons  mak- 
ing such  objections,  by  depositing  a  notice  thereof  in  the  postoffice  of 
said  city,  postage  prepaid,  addressed  to  each  objector,  or  his  agent,  when 
he  appears  for  such  objector.  At  the  time  specified  said  city  council 
shall  hear  the  objections  urged,  and  pass  upon  the  same,  and  its  decisions 
shall  be  final  and  conclusive,  and  the  said  bar  for  six  months  to  any 
further  proceedings  shall  not  be  applicable  thereto.  And  when  not  more 
than  two  blocks,  including  street  crossings,  remain  ungraded  to  the 
official  grade,  or  otherwise  unimproved,  in  whole  or  in  part,  and  a  block 
or  more  on  each  side  upon  said  street  has  been  so  graded  or  otherwise 
improved,  or  when  not  more  than  two  blocks  at  the  end  of  a  street 
remain  so  ungraded  or  otherwise  unimproved,  said  city  council  may  order 
any  of  the  work  mentioned  in  this  act  to  be  done  upon  said  intervening 
ungraded  or  unimproved  part  of  said  street,  or  at  the  end  of  a  street, 
and  said  work  upon  said  intervening  part,  or  at  the  end  of  a  street,  shall 
not  be  stayed  or  prevented  by  any  written  or  other  objection  unless  such 
council  shall  deem  proper.  And  if  one-half  or  more  in  width  or  in  length, 
or  as  to  grading,  one-half  or  more  of  the  grading  work  of  any  street  lying 
and  being  between  two  successive  main  street  crossings,  or  if  a  crossing 
has  been  already  partially  graded  or  improved  as  aforesaid,  said  council 
may  order  the  remainder  improved,  graded  or  otherwise,  notwithstanding 


Act  3930,  §  3  GENERAL  LAWS.  1286 

such  objections  of  property  owners.  At  the  expiration  of  twenty  days 
after  the  expiration  of  the  time  of  said  publication  by  said  street  super- 
intendent, and  at  the  expiration  of  twenty-five  days  after  the  advertising 
and  posting,  as  aforesaid,  of  any  resolution  of  intention,  if  no  written 
objection  to  the  work  therein  described  has  been  delivered,  as  aforesaid, 
by  the  owners  of  a  major  frontage  of  the  property  fronting  on  said  pro- 
posed work  or  improvement,  or  if  any  written  objection  purporting  to 
be  signed  by  the  owners  of  a  major  frontage  is  disallowed  by  said 
council,  as  not  of  itself  barring  said  work  for  six  months,  because  in 
its  judgment,  said  objection  has  not  been  legally  signed  by  the  owners 
of  a  majority  of  said  frontage,  the  city  council  shall  be  deemed  to  have 
acquired  jurisdiction  to  order  any  of  the  work  to  be  done,  or  improve- 
ment to  be  made,  which  is  authorized  by  this  act;  which  order,  when 
made,  shall  be  published  for  two  days,  the  same  as  provided  for  the 
publication  of  the  resolution  of  intention.  Before  passing  any  resolution 
for  the  construction  of  said  improvements,  plans  and  specifications  and 
careful  estimates  of  the  costs  and  expenses  thereof  shall  be  furnished  to 
said  city  council,  if  required  by  it,  by  the  city  engineer  of  said  city; 
and  for  the  work  of  constructing  sewers,  specifications  shall  always  be 
furnished  by  him.  Whenever  the  contemplated  work  of  improvement, 
in  the  opinion  of  the  city  council,  is  of  more  than  local  or  ordinary  public 
benefit,  or  whenever,  according  to  estimate  to  be  furnished  by  the  city 
engineer,  the  total  estimated  costs  and  expenses  thereof  would  exceed 
one-half  the  total  assessed  value  of  the  lots  and  lands  assessed,  if  as- 
sessed upon  the  lots  or  land  fronting  upon  said  proposed  work  or  improve- 
ment, according  to  the  valuation  fixed  by  the  last  assessment-roll  w^hereon 
it  was  assessed  for  taxes  for  municipal  purposes,  and  allowing  a  reason- 
able depth  from  such  frontage  for  lots  or  lancls  assessed  in  bulk,  the 
city  council  may  make  the  expense  of  such  work  or  improvement  charge- 
able upon  a  district,  which  the  said  city  council  shall,  in  its  resolution 
of  intention,  declare  to  be  the  district  benefited  by  said  work  or  im- 
provement, and  to  be  assessed  to  pay  the  costs  and  expenses  thereof. 
Objections  to  the  extent  of  the  district  of  lands  to  be  affected  or  bene- 
fited by  said  work  or  improvement,  and  to  be  assessed  to  pay  the  costs 
and  expenses  thereof,  may  be  made  by  interested  parties,  in  writing, 
within  ten  days  after  the  expiration  of  the  time  of  the  publication  of 
the  notice  of  the  passage  of  the  resolution  of  intention.  The  city  clerk 
shall  lay  said  objections  before  the  city  council,  which  shall,  at  its  next 
meeting,  fix  a  time  for  hearing  said  objections  not  less  than  one  week 
thereafter.  The  city  clerk  shall  thereupon  notify  the  persons  making 
such  objections  by  depositing  a  notice  thereof  in  the  postoffice  of  said 
city,  postage  prepaid,  addressed  to  each  objector.  At  the  time  specified 
the  city  council  shall  hear  the  objections  urged,  and  pass  upon  the  same, 
and  its  decision  shall  be  final  and  conclusive.  If  the  objections  are  sus- 
tained, all  proceedings  shall  be  stopped;  but  proceedings  may  be  imme- 
diately again  commenced  by  giving  the  notice  of  intention  to  do  the 
said  work  or  make  said  improvements.  If  the  objections  are  overruled 
by  the  city  council,  the  proceedings  shall  continue  the  same  as  if  such 


1287  STREETS.  Act  3930,  §§  4,  5 

objections  had  not  been  made.     [Amendment  approved  March  6,  1905. 
Stats.  1905,  p.  63.     In  effect  in  sixty  days.] 

§4.  The  owners  of  a  majority  in  frontage  of  lots  and  lands  fronting 
on  any  street,  avenue,  lane,  alley,  place,  or  court,  or  of  lots  or  lands 
liable  to  be  assessed  for  the  expense  of  the  work  petitioned  to  be  done, 
or  their  duly  authorized  agents,  may  petition  the  city  council  to  order 
any  of  the  work  mentioned  in  this  act  to  be  done,  and  the  city  council 
may  order  the  work  mentioned  in  said  petition  to  be  done,  after  notice 
of  its  intention  so  to  do  has  been  posted  and  published  as  provided  in 
section  3  of  this  act.  [Amendment  approved  March  31,  1891.  Stats. 
1891,  p.  199.] 

§  5.  Before  the  awarding  of  any  contract  by  the  city  council  for 
doing  any  work  authorized  by  this  act,  the  city  council  shall  cause 
notice,  with  specifications,  to  be  posted  conspicuously  for  five  daj^s  on  or 
near  the  council  chamber  door  of  said  council,  inviting  sealed  proposals 
or  bids  for  doing  the  work  ordered,  and  shall  also  cause  notice  of  said 
work  inviting  said  proposal,  and  referring  to  the  specifications  posted 
or  on  file,  to  be  published  for  two  days  in  a  daily,  semi-weekly,  or 
weekly  newspaper  published  and- circulated  in  said  city,  designated  by 
the  council  for  that  purpose,  and  in  case  there  is  no  newspaper  published 
in  said  city,  then  it  shall  only  be  posted  as  hereinbefore  provided.  All 
proposals  or  bids  offered  shall  be  accompanied  by  a  check  payable  to 
the  order  of  the  mayor  of  the  city,  certified  by  a  responsible  bank,  for 
an  amount  which  shall  not  be  less  than  ten  per  cent  of  the  aggregate 
of  the  proposal,  or  by  a  bond  for  the  said  amount  and  so  payable,  signed 
by  the  bidder  and  by  two  sureties,  who  shall  justify,  before  any  officer 
competent  to  administer  an  oath,  in  double  the  said  amount,  and  over 
and  above  all  statutory  exemptions.  Said  proposals  or  bids  shall  be 
delivered  to  the  clerk  of  the  said  city  council,  and  said  c«uncil  shall,  in 
open  session,  examine  and  publicly  declare  the  same;  provided,  however, 
that  no  proposal  or  bid  shall  be  considered  unless  accompanied  by  said 
check  or  bond  satisfactory  to  the  council.  The  city  council  may  reject 
any  and  all  proposals  or  bids  should  it  deem  this  for  the  public  good, 
and  also  the  bid  of  any  party  who  has  been  delinquent  and  unfaithful 
in  any  former  contract  with  the  municipality,  and  shall  reject  all  pro- 
posals or  bids  other  than  the  lowest  regular  proposal  or  bid  of  any  re- 
sponsible bidder,  and  may  award  the  contract  for  said  work  or  improve- 
ment to  the  lowest  responsible  bidder  at  the  prices  named  in  his  bid, 
which  award  shall  be  approved  by  the  maj^or  or  a  three-fourths  vote  of 
the  city  council.  If  not  approved  by  him,  or  a  three-fourths  vote  of 
the  city  council,  without  further  proceedings,  the  city  council  may  re- 
advertise  for  proposals  or  bids  for  the  performance  of  the  work  as  in 
the  first  instance,  and  thereafter  proceed  in  the  manner  in  this  section 
provided,  and  shall  thereupon  return  to  the  proper  parties  the  respective 
checks  and  bonds  corresponding  to  the  bid  so  rejected.  But  the  cheeks 
accompanying  such  accepted  proposals  or  bids  shall  be  held  by  the  city 
clerk  of  said  city  until  the  contract  for  doing  said  work,  as  hereinafter 


Act  3930,  §  5  GENERAL  LAWS.  1288 

provided,  has  been  entered  into,  either  by  said  lowest  bidder  or  by  the 
owners  of  three-fourths  part  of  the  frontage,  whereupon  said  certified 
check  shall  be  returned  to  said  bidder.  But  if  said  bidder  fails,  neglects 
or  refuses  to  enter  into  the  contract  to  perform  said  work  or  improve- 
ment, as  hereinafter  provided,  then  the  certified  cheek  accompanying  his 
bid  and  the  amount  therein  mentioned,  shall  be  declared  to  be  forfeited 
to  said  city,  and  shall  be  collected  by  it  and  paid  into  its  fund  for 
repairs  of  streets;  and  any  bond  forfeited  may  be  prosecuted,  and  the 
amount  due  thereon  collected  and  paid  into  said  fund.  Notice  of  such 
awards  of  contracts  shall  be  posted  for  five  days,  in  the  same  mann  . 
as  hereinbefore  provided  for  the  posting  of  proposals  for  said  work,  '.d 
shall  be  published  for  two  days  in  a  daily  newspaper  published  and  cir- 
culated in  said  city  and  designated  by  said  city  council,  or  in  cities 
where  there  is  no  daily  newspaper,  by  one  insertion  in  a  semi-weekly  or 
weekly  newspaper  so  published,  circulated  and  designated;  provided, 
however,  that  in  case  there  is  no  newspaper  printed  or  published  in  any 
such  city,  then  such  notice  of  award  shall  only  be  kept  posted  as  here- 
inbefore provided.  The  owners  of  three-fourths  of  the  frontage  of  lots 
and  lands  upon  the  street  whereon  said  work  is  to  be  done,  or  their 
agents,  and  who  shall  make  oath  that  they  are  such  owners  or  agents, 
shall  not  be  required  to  present  sealed  proposals  or  bids,  but  may,  within 
ten  days  after  the  first  posting  and  publication  of  said  notice  of  said 
award,  elect  to  take  said  work  and  enter  into  a  written  contract  to  do 
the  whole  work  at  the  price  at  which  the  same  has  been  awarded.  Should 
the  said  owners,  fail  to  elect  to  take  said  work,  and  to  enter  into  a 
written  contract  therefor  within  ten  days,  or  to  commence  the  work 
within  fifteen  days  after  the  first  posting  and  publication  of  said  award, 
and  to  prosecute  the  same  with  diligence  to  completion,  it  shall  be  the 
duty  of  the  superintendent  of  streets  to  enter  into  a  contract  with  the 
original  bidder  to  whom  the  contract  was  awarded,  and  at  the  prices 
specified  in  his  bid.  But  if  such  original  bidder  neglects,  fails  or  re- 
fuses, for  fifteen  days  after  the  first  posting  and  publication  of  the 
notice  of  award,  to  enter  into  the  contract,  then  the  city  council,  without 
further  proceedings,  shall  again  advertise  for  proposals  or  bids,  as  in  the 
first  instance,  and  award  the  contract  for  said  work  to  the  then  lowest 
regular  bidder.  The  bids  of  all  persons  and  the  election  of  all  owners, 
as  aforesaid,  who  have  failed  to  enter  into  the  contract  as  herein  pro- 
vided, shall  be  rejected  in  any  bidding  or  election  subsequent  to  the 
first  for  the  same  work.  If  the  owner  or  contractor,  who  may  have  taken 
any  contract,  do  not  complete  the  same  within  the  time  limited  in  the 
contract,  or  within  such  further  time  as  the  city  council  may  give  them, 
the  superintendent  of  streets  shall  report  such  delinquency  to  the  city 
council  which  may  relet  the  unfinished  portion  of  said  work,  after  pur- 
suing the  formalities  prescribed  hereinbefore  for  the  letting  of  the 
whole  in  the  first  instance.  All  contractors,  contracting  owners  in- 
cluded, shall,  at  the  time  of  executing  any  contract  for  street  work, 
execute  a  bond  to  the  satisfaction  and  approval  of  the  superintendent  of 
streets  of  said  city,  with  two  or  more  sureties  and  payable  to  such  city, 
in  such  sums  as  the   mayor   shall   deem  adequate,   conditioned   for   the 


1289  STREETS.  Act  3930,  §§  5  >/4,  6 

faithful  performance  of  tlie  contract;  and  the  sureties  shall  justify  before 
any  person  competent  to  administer  an  oath,  in  double  the  amount  men- 
tioned in  said  Ijond,  over  and  above  all  statutory  exemptions.  Before 
being  entitled  to  a  contract,  the  bidder  to  whom  the  award  was  made, 
or  the  owners  who  have  elected  to  take  the  contract,  must  advance  to 
the  superintendent  of  streets,  for  payment  by  him,  the  cost  of  publica- 
tion of  the  notices,  resolutions,  orders,  or  other  incidental  expenses  and 
matters  required  under  the  proceedings  prescribed  in  this  act,  and  such 
other  notices  as  may  be  deemed  requisite  by  the  city  council.  And  in 
case  the  work  is  abandoned  by  the  city  before  the  letting  of  the  con- 
tract, the  incidental  expenses  incurred  previous  to  such  abandonment 
shall  be  paid  out  of  the  city  treasury.  [Amendment  approved  March  31, 
1891.     Stats.  1891,  p.  199.] 

§  51/2.  At  any  time  within  ten  days  from  the  date  of  the  first  publi- 
cation of  the  notice  of  award  of  contract,  any  owner  of  or  other  person 
having  any  interest  in  any  lot  or  land  liable  to  assessment,  who  claims 
that  any  of  the  previous  acts  or  proceedings  relating  to  said  improve- 
ment are  irregular,  defective,  erroneous  or  faulty,  may  file  with  the  clerk 
of  the  city  council  a  written  notice  specifying  in  what  respect  said  acts 
and  proceedings  are  irregular,  defective,  erroneous  or  faulty.  Said  notice 
shall  state  that  it  is  made  in  pursuance  of  this  section.  All  objections 
to  any  act  or  proceeding,  prior  to  the  date  of  the  aforesaid  notice  of 
award,  in  relation  to  said  improvement,  not  made  in  writing  and  in  the 
manner  and  at  the  time  aforesaid,  shall  be  waived,  excepting  as  to  mat- 
ters directly  affecting  the  jurisdiction  of  the  council  to  order  the  said 
work  or  improvement.  [New  section  approved  February  20,  1909.  Stats, 
1909,  p.  31.     In  eflfect  immediately.] 

§  6.  The  superintendent  of  streets  is  hereby  authorized,  in  his  official 
capacity,  to  make  all  written  contracts,  and  receive  all  bonds  authorized 
by  this  act,  and  to  do  any  other  act,  either  express  or  implied,  that  per- 
tains to  the  street  department  under  this  act;  and  he  shall  fix  the  time 
for  the  commencement,  which  shall  not  be  more  than  fifteen  days  from 
the  date  of  the  contract,  and  for  the  completion  of  the  work  under  all 
contracts  entered  into  by  him,  which  work  shall  be  prosecuted  with 
diligence  from  day  to  day  thereafter  to  completion,  and  he  may  extend 
the  time  so  fixed  from  time  to  time,  under  the  direction  of  the  city 
council.  The  work  provided  for  in  section  2  of  this  act  must,  in  all 
cases,  be  done  under  the  direction  and  to  the  satisfaction  of  the  super- 
intendent of  streets,  and  the  materials  used  shall  comply  with  tiie  speci- 
fications and  be  to  the  satisfaction  of  said  superintendent  of  streets,  and 
all  contracts  made  therefor  must  contain  a  provision  to  that  effect,  and 
also  express  notice  that,  in  no  case,  except  where  it  is  otherwise  provided 
in  this  act,  will  the  city,  or  any  officer  thereof,  be  liable  for  any  portion 
of  the  expense,  nor  for  any  delinquency  of  persons  or  property  assessed. 
The  city  council  may,  by  ordinance,  prescribe  general  rules  directing  the 
superintendent  of  streets  and  the  contractor  as  to  the  materials  to  be  used, 
and  the  mode  of  executing  the  work,  under, all  contracts  thereafter  made. 


Act  3930,  §§  6»4,'J'  GENERAL  LAWS.  1290 

The  assessment  and  apportionment  of  the  expenses  of  all  such  work  or 
improvement  shall  be  made  by  the  superintendent  of  streets  in  the  mode 
herein  provided. 

§61/2-  Every  contractor,  person,  company,  or  corporation,  including 
contracting  owners,  to  whom  is  awarded  any  contract  for  street  work 
under  this  act,  shall,  before  executing  the  said  contract,  file  with  the 
superintendent  of  streets  a  good  and  sutlicient  bond,  approved  by  the 
mayor,  in  a  sum  not  less  than  one-half  of  the  total  amount  payable  by 
the  terms  of  said  contract;  such  bond  shall  be  executed  by  the  principal 
and  at  least  two  sureties,  who  shall  qualify  for  double  the  sum  specified 
in  said  bond,  and  shall  be  made  to  inure  to  the  benefit  of  any  and  all 
persons,  companies,  or  corporations  who  perform  labor  on,  or  furnish 
materials  to  be  used  in  the  said  work  of  improvement,  and  shall  provide 
that  if  the  contractor,  person,  company,  or  corporation  to  whom  said  con- 
tract was  awarded  fails  to  pay  for  any  materials  so  furnished  for  the 
said  work  of  improvement,  or  for  any  work  or  labor  done  thereon  of  any 
kind,  that  the  sureties  will  pay  the  same,  to  an  amount  not  exceeding 
the  sum  specified  in  said  bond.  Any  materialman,  person,  company,  or 
corporation,  furnishing  materials  to  be  used  in  the  performance  of  said 
work  specified  in  said  contract,  or  who  performed  work  or  labor  upon 
the  said  improvement,  whose  claim  has  not  been  paid  by  the  said  con- 
tractor, company,  or  corporation,  to  whom  the  said  contract  was  awarded, 
may,  within  thirty  days  from  the  time  said  improvement  is  completed, 
file  with  the  superintendent  of  streets  a  verified  statement  of  his  or  its 
claim,  together  with  a  statement  that  the  same,  or  some  part  thereof, 
has  not  been  paid.  At  any  time  within  ninety  days  after  the  filing  of 
such  claim,  the  person,  company,  or  corporation,  filing  the  same  or  their 
assigns,  may  commence  an  action  on  said  bond  for  the  recovery  of  the 
amount  due  on  said  claim,  together  with  the  costs  incurred  in  said  action, 
and  a  reasonable  attorney  fee,  to  be  fixed  by  the  court,  for  the  prosecu- 
tion thereof.  [New  section  approved  February  21,  1899.  Stats.  1899, 
p.  23.] 

§  7.  Subdivision  One — The  expenses  incurred  for  any  work  authorized 
by  this  act  (which  expense  shall  not  include  the  cost  of  any  work  done 
in  such  portion  of  any  street  as  is  required  by  law  to  be  kept  in  order 
or  repair  by  any  person  or  company  having  railroad  tracks  thereon,  nor 
include  work  which  shall  have  been  declared  in  the  resolution  of  inten- 
tion to  be  assessed  on  a  district  benefited)  shall  be  assessed  upon  the 
lots  and  lands  fronting  thereon,  except  as  hereinafter  specifically  pro- 
vided; each  lot  or  portion  of  a  lot  being  separately  assessed,  in  propor- 
tion to  the  frontage,  at  a  rate  per  front  foot  sufiicient  to  cover  the  total 
expense  of  the  work. 

Subdivision  Two — The  expense  of  all  improvements,  except  such  as 
are  done  by  contractors  under  the  provisions  of  section  13  of  this  act, 
until  the  streets,  avenues,  street  crossings,  lanes,  alleys,  places,  or  courts 
are  finally  accepted,  as  provided  in  section  20  of  this  act,  shall  be 
assessed  upon  the  lots  and  lands,  as  provided  in  this  section,  according 


1291  STREETS.  Act  3930,  §  7 

to  the  nature  and  character  of  the  work;  and  after  such  acceptance  the 
expense  of  all  the  work  thereafter  done  thereon  shall  be  paid  by  said 
city  out  of  the  street  department  fund. 

Subdivision  Three— The  expense  of  the  work  done  on  main  street 
crossings  shall  be  assessed  at  a  uniform  rate  per  front  foot  of  the  quarter 
blocks  and  irregular  blocks  adjoining  and  cornering  upon  the  crossings, 
and  separately  upon  the  whole  of  each  lot  or  portion  of  a  lot  having 
any  frontage  in  the  said  blocks  fronting  on  said  main  streets,  half  way 
to  the  next  main  street  crossing,  and  all  the  way  on  said  blocks  to  a 
boundary  line  of  the  city  where  no  such  crossing  intervenes,  but  only 
according  to  its  frontage  in  said  quarter  blocks  and  irregular  blocks. 

Subdivision  Four — Where  a  main  street  terminates  in  another  main 
street,  the  expenses  of  the  work  done  on  one-half  of  the  width  of  the 
street  opposite  the  termination  shall  be  assessed  upon  the  lots  in  each  of 
the  two  quarter  blocks  adjoining  and  cornering  on  the  same,  according 
to  the  frontage  of  such  lots  on  said  main  streets,  and  the  expense  of  the 
other  half  of  the  width  of  said  street  upon  the  lot  or  lots  fronting  on 
the  latter  half  of  the  street  at  such  -termination. 

Subdivision  Five — Where  any  alley  or  subdivision  street  crosses  a  main 
street,  the  expense  of  all  work  done  on  said  crossing  shall  be  assessed  on 
all  lots  or  portions  of  lots  half  way  on  said  alley  or  subdivision  street 
to  the  next  crossing  or  intersection,  or  to  the  end  of  such  alley  or  sub- 
division street,  if  it  does  not  meet  another. 

Subdivision  Six — The  expense  of  work  done  on  alley  or  subdivision 
street  crossings  shall  be  assessed  upon  the  lots  fronting  upon  such  alley 
or  subdivision  streets  on  each  side  thereof,  in  all  directions,  half  way  to 
the  next  street,  place  or  court,  on  either  side,  respectively,  or  to  the  end 
of  such  alley  or  subdivision  street,  if  it  does  not  meet  another. 

Subdivision  Seven — Where  a  subdivision  street,  avenue,  lane,  alley, 
place,  or  court  terminates  in  another  street,  avenue,  lane,  alley,  place,  or 
court,  the  expense  of  the  work  done  on  one-half  of  the  width  of  the 
subdivision  street,  avenue,  lane,  alley,  place,  or  court  opposite  the  ter- 
mination, shall  be  assessed  upon  the  lot  or  lots  fronting  on  such  sub- 
division street,  or  avenue,  lane,  alley,  place,  or  court  so  terminating, 
according  to  its  frontage  thereon,  half  way  on  each  side,  respectively,  to 
the  next  street,  avenue,  lane,  alley,  court,  or  place,  or  to  the  end  of  such 
street,  avenue,  lane,  alley,  place,  or  court,  if  it  does  not  meet  another, 
and  the  other  one-half  of  the  width  upon  the  lots  fronting  such  termina- 
tion. 

Subdivision  Eight — Where  any  work  mentioned  in  this  act  (manholes, 
cesspools,  culverts,  cross-walks,  piling,  and  capping  excepted)  is  done  on 
either  or  both  sides  of  the  center  line  of  any  street  for  one  block  or 
less,  and  further  work  opposite  to  the  work  of  the  same  class  already 
done  is  ordered  to  be  done  to  complete  the  unimproved  portion  of  said 
street,  the  assessment  to  cover  the  total  expenses  of  said  work  so  ordered 
shall  be  made  upon  the  lots  or  portions  of  the  lots  only  fronting  the 
portions  of  the  work  so  ordered.  And  when  sewering  or  resewering  is 
ordered  to  be  done  under  the  sidewalk  on  only  one  side  of  a  street  for 
any  length  thereof,  the  assessment  for  its  expenses  shall  be  made  only 


Act  3930,  §  7  GENERAL  LAWS.  1292 

Upon  the  lots  and  lands  fronting  nearest  upon  that  side,  and  for  inter- 
vening intersections  only  upon  the  two  quarter  blocks  adjoining  and 
cornering  upon  that  side. 

Subdivision  Nine — Section  1  of  chapter  325  of  the  laws  of  this  state, 
entitled  "An  act  amendatory  of  and  supplementary  to  'An  act  to  provide 
revenue  for  the  support  of  the  government  of  this  state,'  approved  April 
twenty-ninth,  eighteen  hundred  and  fifty-seven,"  approved  April  nine- 
teenth, eighteen  hundred  and  fifty-nine,  shall  not  be  applicable  to  the 
provisions  of  this  section;  but  the  property  herein  mentioned  shall  be 
subject  to  the  provisions  of  this  act,  and  be  assessed  for  work  done 
under  the  provisions  of  this  section. 

Subdivision  Ten — It  shall  be  lawful  for  the  owner  or  owners  of  lots  or 
lands  fronting  upon  any  street,  the  width  and  grade  of  which  have  been 
established  by  the  city  council,  to  perform,  at  his  or  their  own  expense 
(after  obtaining  permission  from  the  council  so  to  do,  but  before  said 
council  has  passed  its  resolution  of  intention  to  order  grading  inclusive 
of  this),  any  grading  upon  said  street,  to  its  full  width,  or  to  the  center 
line  thereof,  and  to  its  grade  as  then  established,  and  thereupon  to  pro- 
cure, at  his  or  their  own  expense,  a  certificate  from  the  city  engineer, 
setting  forth  the  number  of  cubic  yards  of  cutting  and  filing  made  by 
him  or  them  in  said  grading,  and  the  proportions  performed  by  each 
owner,  and  that  the  same  is  done  to  the  established  width  and  grade  of 
said  street,  or  to  the  center  line  thereof,  and  thereafter  to  file  said  cer- 
tificate with  the  superintendent  of  streets,  which  certificate  the  superin- 
tendent shall  record  in  a  book  kept  for  that  purpose  in  his  office,  prop- 
erly indexed.  Whenever  thereafter  the  city  council  orders  the  grading 
of  said  street,  or  any  portion  thereof,  on  which  any  grading  certified  as 
aforesaid  has  been  done,  the  bids  and  the  contract  must  express  the  price 
by  the  cubic  yard  for  cutting  and  filling  in  grading;  and  the  said  owner 
or  owners,  and  his  or  their  successors  in  interest,  shall  be  entitled  to 
credit,  on  the  assessment  upon  his  or  their  lots  and  lands  fronting  on 
said  streets  for  the  grading  thereof,  to  the  amount  of  the  cubic  yards 
of  cutting  and  filling  set  forth  in  his  or  their  said  certificate,  at  the 
prices  named  in  the  contract  for  said  cutting  and  filling;  or,  if  the  grade 
meanwhile  has  been  duly  altered,  only  for  so  much  of  said  certified  work 
as  would  be  required  for  grading  to  the  altered  grade;  provided,  how- 
ever, that  such  owner  or  owners  shall  not  be  entitled  to  such  credit  as 
may  be  in  excess  of  the  assessments  for  grading  upon  the  lots  and  lands 
owned  by  him  or  them,  and  proportionately  assessed  for  the  whole  of 
said  grading;  and  the  superintendent  of  streets  shall  include  in  the 
assessment  for  the  whole  of  said  grading  upon  the  same  grade  the  number 
of  cubic  yards  of  cutting  and  filling  set  forth  in  any  and  all  certificates 
so  recorded  in  his  office,  or  for  the  whole  of  said  grading  to  the  duly 
altered  grade  so  much  of  said  certified  work  as  would  be  required  for 
grading  thereto,  and  shall  enter  corresponding  credits,  deducting  the 
same  as  payments  upon  the  amounts  assessed  against  the  lots  and  lands 
owned,  respectively,  by  said  certified  owners  and  their  successors  in 
interest;  provided,  however,  that  he  shall  not  so  include  any  grading 
quantities  or  credit  any  sums  in  excess  of  the  proportionate  assessments 


1293  STREETS.  Act  3930,  §  7 

for  the  whole  of  the  grading  which  are  made  upon  any  lots  and  lands 
fronting  upon  said  street  and  belonging  to  any  such  certified  owners  or 
their  successors  in  interest.  Whenever  any  owner  or  owners  of  any  lots 
and  lands  fronting  on  any  street  shall  have  heretofore  done,  or  shall 
hereafter  do,  any  work  (except  grading)  on  such  street,  in  front  of 
any  block,  at  his  or  their  own  expense,  and  the  city  council  shall  sub- 
sequently order  any  work  to  be  done  of  the  same  class  in  front  of  the 
same  block,  said  work  so  done  at  the  expense  of  such  owner  or  owners 
shall  be  excepted  from  the  order  ordering  work  to  be  done,  as  provided 
in  subdivision  eleven  of  this  section  of  this  act;  provided,  that  the  work 
so  done  at  the  expense  of  such  owner  or  owners,  shall  be  upon  the 
official  grade,  and  in  condition  satisfactory  to  the  street  superintendent 
at  the  time  said  order  is  passed. 

Subdivision  Eleven — The  city  council  may  include  in  one  resolution 
of  intention  and  order  any  of  the  different  kinds  of  work  mentioned  in 
this  act,  and  it  may  except  therefrom  any  of  said  work  already  done 
upon  the  street  to  the  official  grade.  The  lots  and  portions  of  lots  front- 
ing upon  said  excepted  work  already  done  shall  not  be  included  in  the 
frontage  assessment  for  the  class  of  work  from  which  the  exception  is 
made;  provided,  that  this  shall  not  be  construed  so  as  to  affect  the  special 
provisions  as  to  grading  contained  in  subdivision  10  of  this  section. 

Subdivision  Twelve — Whenever  the  resolution  of  intention  declares 
that  the  costs  and  expenses  of  the  work  and  improvement  are  to  be  as- 
sessed upon  a  district,  the  city  council  shall  direct  the  city  engineer  to 
make  a  diagram  of  the  property  affected  or  benefited  by  the  proposed 
work  or  improvement,  as  described  in  the  resolution  of  intention,  and 
to  be  assessed  to  pay  the  expenses  thereof.  Such  diagram  shall  show 
each  separate  lot,  piece  or  parcel  of  land,  the  area  in  square  feet  of  each 
of  such  lots,  pieces,  or  parcels  of  land,  and  the  relative  location  of  the 
same  to  the  work  proposed  to  be  done,  all  within  the  limits  of  the 
assessment  district;  and  when  said  diagram  shall  have  been  approved  by 
the  city  council,  the  clerk  shall,  at  the  time  of  such  approval,  certify 
the  fact  and  date  thereof.  Immediately  thereafter  the  said  diagram  shall 
be  delivered  to  the  superintendent  of  streets  of  said  city,  who  shall  after 
the  contractor  of  any  street  work  has  fulfilled  his  contract  to  the  satis- 
faction of  said  superintendent  of  streets  or  city  council,  on  appeal,  pro- 
ceed to  estimate  upon  the  lands,  lots  or  portions  of  lots  within  said 
assessment  district,  as  shown  by  said  diagram,  the  benefits  arising  from 
such  work,  and  to  be  received  by  each  such  lot,  portion  of  such  lot,  piece, 
or  subdivision  of  land,  and  shall  thereupon  assess  upon  and  against  said 
lands  in  said  assessment  district  the  total  amount  of  the  costs  and 
expenses  of  such  proposed  work,  and  in  so  doing  shall  assess  said  total 
sum  upon  the  several  pieces,  parcels,  lots,  or  portions  of  lots,  and  sub- 
divisions of  land  in  said  district  benefited  thereby,  to  wit:  Upon  each 
respectively,  in  proportion  to  the  estimated  benefits  to  be  received  by 
each  of  said  several  lots,  portions  of  lots,  or  subdivisions  of  land.  In 
other  respects  the  assessment  shall  be  as  provided  in  the  next  section, 
and  the  provisions  of  subdivisions  3,  4,  5,  6,  7,  and  8  of  this  section 
shall  not  be  applicable  to  the  work  or  improvement  provided  for  in  this 


Act  3930,  §§  8,  9  GENERAL  LAWS.  1294 

subdivision,  [Amendment  approved  March  31,  1891.  Stats.  1891,  p. 
201.] 

§  8.  After  the  contractor  of  any  street  work  has  fulfilled  his  contract 
to  the  satisfaction  of  the  street  superintendent  of  said  city,  or  city 
council  on  appeal,  the  street  superintendent  shall  make  an  assessment  to 
cover  the  sum  due  for  the  work  performed  and  specified  in  said  contract 
(including  any  incidental  expenses),  in  conformity  with  the  provisions 
of  the  preceding  section  according  to  the  character  of  the  work  done; 
or,  if  any  direction  and  decision  be  given  by  said  council  on  appeal, 
then  in  conformity  with  such  direction  and  decision,  which  assessment 
shall  briefly  refer  to  the  contract,  the  work  contracted  for  and  per- 
formed, and  shall  show  the  amount  to  be  paid  therefor,  together  with 
any  incidental  expenses,  the  rate  per  front  foot  assessed,  if  the  assess- 
ment be  made  per  front  foot,  the  amount  of  each  assessment,  the  name 
of  the  owner  of  each  lot,  or  portion  of  a  lot  (if  known  to  the  street 
superintendent);  if  unknown  the  word  "Unknown"  shall  be  written  op- 
posite the  number  of  the  lot,  and  the  amount  assessed  thereon,  the  number 
of  each  lot  or  portion  or  portions  of  a  lot  assessed,  and  shall  have 
attached  thereto  a  diagram  exhibiting  each  street  or  street  crossing, 
lane,  alley,  place,  or  court,  on  which  any  work  has  been  done,  and  show- 
ing the  relative  location  of  each  district,  lot,  or  portion  of  lot  to  the 
work  done,  numbered  to  correspond  with  the  numbers  in  the  assess- 
ments, and  showing  the  number  of  feet  fronting,  or  number  of  lots 
assessed,  for  said  work  contracted  for  and  performed.  [Amendment  ap- 
proved March  14,  1889.     Stats.  1889,  p.  166.] 

§  9.  To  said  assessment  shall  be  attached  a  warrant,  which  shall  be 
signed  by  the  superintendent  of  streets,  and  countersigned  by  the  mayor 
of  said  city.  The  said  warrant  shall  be  substantially  in  the  following 
form: 

Form  of  the  Warrant. 

By  virtue  hereof,  I   (name   of  the   superintendent  of  streets),  of  the 

city  of  ,  county  of  (or  city  and  county  of  ),  and  state  of 

California,  by  virtue  of  the  authority  vested  in  me  as  said  superintendent 
of  streets,  do  authorize  and  empower  (name  of  contractor),  (his  or  their) 
agents  or  assigns,  to  demand  and  receive  the  several  assessments  upon 
the  assessment  and  diagram  hereto  attached,  and  this  shall  be  (his  or 
their)  warrant  for  the  same. 

(Date.) 

(name  of  superintendent  of  streets.) 

Countersigned  by  (name  of  mayor.) 

Said  warrant,  assessment,  and  diagram,  together  with  the  certificate 
of  the  city  engineers,  shall  be  recorded  in  the  office  of  said  superintendent 
of  streets.  When  so  recorded,  the  several  amounts  assessed  shall  be  a 
lien  upon  the  lands,  lots,  or  portions  of  lots  assessed,  respectively,  for  the 
period  of  two  years  from  the  date  of  said  recording,  unless  sooner  dis- 
charged; and  from  and  after  the  date  of  said  recording  of  any  warrant, 
assessment,  diagram  and  certificate,  all  persons  mentioned  in  section  11 


1295  STREETS.  Act  3930,  §  10 

of  this  act  shall  be  deemed  to  have  notice  of  the  contents  of  the  record 
thereof.  After  said  warrant,  assessment,  diagram,  and  certificate  are 
recorded,  the  same  shall  be  delivered  to  the  contractor,  or  his  agent,  or 
assigns,  on  demand,  but  not  until  after  the  payment  to  the  said  super- 
intendent of  streets  of  the  incidental  expenses  not  previously  paid  by 
tlie  contractor,  or  his  assigns;  and  by  virtue  of  said  warrant  said  con- 
tractor, or  his  agent  or  assigns,  shall  be  authorized  to  demand  and  re- 
ceive the  amount  of  the  several  assessments  made  to  cover  the  sum  due 
for  the  work  specified  in  such  contracts  and  assessments.  Whenever  it 
shall  appear  by  any  final  judgment  of  any  court  of  this  state  that  any 
suit  brought  to  foreclose  the  lien  of  any  sum  of  money  assessed  to  cover 
the  expense  of  said  street  work  done  under  the  provisions  of  this  act 
has  been  defeated  by  reason  of  any  defect,  error,  informality,  omission, 
irregularity,  or  illegality  in  any  assessment  hereafter  to  be  made  and 
issued,  or  in  the  recording  thereof,  or  in  the  return  thereof  made  to  or 
recorded  by  said  superintendent  of  streets,  any  person  interested  therein 
may,  at  any  time  within  three  months  after  the  entry  of  said  final  judg- 
ment, apply  to  said  superintendent  of  streets  who  issued  the  same,  or  to 
any  superintendent  of  streets  in  office  at  the  time  of  said  application, 
for  another  assessment  to  be  issued  in  conformity  to  law;  and  said 
superintendent  shall,  within  fifteen  days  after  the  date  of  said  applica- 
tion, make  and  deliver  to  said  applicant  a  new  assessment,  diagram,  and 
warrant  in  accordance  with  law;  and  the  acting  mayor  shall  countersign 
the  same  as  now  provided  by  law,  which  assessment  shall  be  a  lien 
for  the  period  of  two  years  from  the  date  of  said  assessment,  and  be 
enforced  as  provided  in  section  7  of  this  act.  [Amendment  approved 
March  31,  1891.     Stats.  1891,  p.  205.] 

§  10.  The  contractor,  or  his  assigns,  or  gome  person  in  his  or  their 
behalf,  shall  call  upon  the  persons  assessed,  or  their  agents,  if  they  can 
conveniently  be  found,  and  demand  payment  of  the  amount  assessed  to 
each.  If  any  payment  be  made  the  contractor,  his  assigns,  or  some  per- 
son in  his  or  their  behalf,  shall  receipt  the  same  upon  the  assessment  in 
presence  of  the  person  making  such  payment,  and  shall  also  give  a 
separate  receipt  if  demanded.  Whenever  the  person  so  assessed,  or  their 
agents,  cannot  conveniently  be  found,  or  whenever  the  name  of  the 
owner  of  the  lot  is  stated  as  "Unknown"  on  the  assessment,  then  the 
said  contractor,  or  his  assigns,  or  some  person  in  his  or  their  behalf, 
shall  publicly  demand  payment  on  the  premises  assessed.  Tlie  warrant 
shall  be  returned  to  the  superintendent  of  streets  within  thirty  days  after 
its  date,  with  a  return  indorsed  thereon,  signed  by  the  contractor,  or  his 
assigns,  or  some  person  in  his  or  their  behalf,  verified  upon  oath,  stating 
the  nature  and  character  of  the  demand,  and  whether  any  of  the  assess- 
ments remain  unpaid,  in  whole  or  in  part,  and  the  amount  thereof. 
Thereupon  the  superintendent  of  streets  shall  record  the  return  so  made, 
in  the  margin  of  the  record  of  the  warrant  and  assessment,  and  also 
the  original  contract  referred  to  therein,  if  it  has  not  already  been  re- 
corded at  full  length  in  a  book  to  be  kept  for  that  purpose  in  his  office, 
and  shall  sign  the  record.     The  said  superintendent  of  streets  is  author- 


Act  3930,  §  11  GENERAL  LAWS.  1296 

ized  at  any  time  to  receive  the  amount  due  upon  any  assessment-list 
and  warrant  issued  by  him,  and  give  a  good  and  sufficient  discharge 
therefor;  provided,  that  no  such  payment  so  made  after  suit  has  been 
commenced,  without  the  consent  of  the  plaintiff  in  the  action,  shall 
operate  as  a  complete  discharge  of  the  lien  until  the  costs  in  the  action 
shall  be  refunded  to  the  plaintiff;  and  he  may  release  any  assessment 
upon  the  books  of  his  office,  on  the  payment  to  him  of  the  amount  of 
the  assessment  against  any  lot  with  interest,  or  on  the  production  to 
him  of  the  receipt  of  the  party  or  his  assigns  to  whom  the  assessment 
and  warrant  were  issued;  and  if  any  contractor  shall  fail  to  return  his 
warrant  within  the  time  and  in  the  form  provided  in  this  section,  he 
shall  thenceforth  have  no  lien  upon  the  property  assessed;  provided, 
however,  that  in  case  any  warrant  is  lost,  upon  proof  of  such  loss  a 
duplicate  can  be  issued,  upon  which  a  return  may  be  made,  with  the 
same  effect  as  if  the  original  had  been  so  returned.  After  the  return  of 
the  assessment  and  warrant  as  aforesaid,  all  amounts  remaining  due 
thereon  shall  draw  interest  at  the  rate  of  ten  per  cent  per  annum  until 
paid. 

§  11.  The  owners,  whether  named  in  the  assessment  or  not,  the  con- 
tractor, or  his  assigns,  and  all  other  persons  directly  interested  in  any 
work  provided  for  in  this  act,  or  in  the  assessment,  feeling  aggrieved 
by  any  act  or  determination  of  the  superintendent  of  streets  in  relation 
thereto,  or  who  claim  that  the  work  has  not  been  performed  according 
to  the  contract  in  a  good  and  substantial  manner,  or  having  or  making 
any  objection  to  the  correctness  or  legality  of  the  assessment  or  other 
act,  determination,  or  proceedings  of  tiie  superintendent  of  streets,  shall, 
within  thirty  days  after  the  date  of  the  warrant,  appeal  to  the  city 
council,  as  provided  in  this  section,  by  briefly  stating  their  objections  in 
writing,  and  filing  the  same  with  the  clerk  of  said  city  council.  Notice 
of  the  time  and  place  of  the  hearing,  briefly  referring  to  the  work  con- 
tracted to  be  done,  or  other  subject  of  appeal,  and  to  the  acts,  determina- 
tions, or  proceedings  objected  to  or  complained  of,  shall  be  published  for 
five  days.  Upon  such  appeal,  the  said  city  council  may  remedy  and 
correct  any  error  or  informality  in  the  proceedings,  and  revise  and  cor- 
rect any  of  the  acts  or  determinations  of  the  superintendent  of  streets 
relative  to  said  work;  may  confirm,  amend,  set  aside,  alter,  modify,  or 
correct  the  assessment  in  such  manner  as  to  them  shall  seem  just,  and 
require  the  work  to  be  completed  according  to  the  directions  of  the 
city  council;  and  may  instruct  and  direct  the  superintendent  of  streets 
to  correct  the  warrant,  assessment,  or  diagram  in  any  particular,  or  to 
make  and  issue  a  new  warrant,  assessment,  and  diagram,  to  conform  to 
the  decisions  of  said  city  council  in  relation  thereto,  at  their  option. 
All  the  decisions  and  determinations  of  said  city  council,  upon  notice  and 
hearing  as  aforesaid,  shall  be  final  and  conclusive  upon  all  persons  en- 
titled to  appeal  under  the  provisions  of  this  section,  as  to  all  errors^ 
informalities,  and  irregularities  which  said  city  council  might  have 
remedied  and  avoided;  and  no  assessment  shall  be  held  invalid,  except 
upon  appeal   to   the   city   council,   as   provided   in   this   section,   for   any 


1297  STREETS.  Act  3930,  §  12 

error,  informality,  or  other  defect  in  any  of  the  proocodings  prior  to  the 
assessment,  or  in  the  assessment  itself,  where  notice  of  the  intention  of 
the  city  council  to  order  the  work  to  be  done,  for  which  the  assessment 
is  made,  has  been  actually  published  in  any  designated  newspaper  of 
said  city  for  the  length  of  time  prescribed  by  law,  before  the  passage 
of  the  resolution  ordering  the  work  to  be  done. 

§12.  At  any  time  after  the  period  of  thirty-five  days  from  the  day 
of  the  date  of  the  warrants,  as  herein  provided,  or  if  an  appeal  is  taken 
to  the  city  council,  as  provided  in  section  11  of  this  act,  at  any  time 
after  five  days  from  the  decision  of  said  council,  or  after  the  return  of 
the  warrant  or  assessment,  after  the  same  may  have  been  corrected, 
altered  or  modified,  as  provided  in  said  section  11  (but  not  less  than 
thirty-five  days  from  the  date  of  the  warrant),  the  contractor  or  his 
assignee  may  sue,  in  his  own  name,  the  owner  of  the  land,  lots,  or  por- 
tions of  lots,  assessed  on  the  day  of  the  date  of  the  recording  of  the 
warrant,  assessment,  and  diagram,  or  any  day  thereafter  during  the 
continuance  of  the  lien  of  said  assessment,  and  recover  the  amount  of 
any  assessment  remaining  unpaid,  with  interest  thereon  at  the  rate  of 
ten  per  cent  per  annum  until  paid.  And  in  all  cases  of  recovery  under 
the  provisions  of  this  act,  the  plaintiff  shall  recover  the  sum  of  fifteen 
dollars,  in  addition  to  the  taxable  cost  as  attorney's  fees,  but  not  any 
percentage  upon  said  recovery.  And  when  suit  has  been  brought,  after 
a  personal  demand  has  been  made  and  a  refusal  to  pay  such  assessment 
so  demanded,  the  plaintiff  shall  also  be  entitled  to  have  and  recover  said 
sum  of  fifteen  dollars  as  attorney's  fees,  in  addition  to  all  taxable 
costs,  notwithstanding  that  the  suit  may  be  settled  or  a  tender  may  be 
made  before  a  recovery  in  said  action,  and  he  may  have  judgment  there- 
for. Suit  may  be  brought  in  the  superior  court  within  whose  jurisdic- 
tion the  city  is  in  which  said  work  has  been  done,  and  in  case  any  of  the 
assessments  are  made  against  lots,  portions  of  lots,  or  lands  the  owners 
thereof  cannot,  with  due  diligence,  be  found,  the  service  in  each  of  such 
actions  may  be  had  in  such  manner  as  is  prescribed  in  the  codes  and 
laws  of  this  state.  The  said  warrant,  assessment,  certificate,  and  dia- 
gram, with  the  affidavit  of  demand  and  nonpayment,  shall  be  held  prima 
facie  evidence  of  the  regularity  and  correctness  of  the  assessment  and 
of  the  prior  proceedings  and  acts  of  the  superintendent  of  streets  and 
city  council  upon  which  said  warrant,  assessment,  and  diagram  are  based, 
and  like  evidence  of  the  right  of  the  plaintiff  to  recover  in  the  action. 
The  court  in  which  said  suit  shall  be  commenced  shall  have  power  to 
adjudge  and  decree  a  lien  against  the  premises  assessed,  and  to  order 
such  premises  to  be  sold  on  execution,  as  in  other  cases  of  the  sale  of 
real  estate  by  the  process  of  said  courts;  and  on  appeal,  the  apnellate 
courts  shall  be  vested  with  the  same  power  to  adjudge  and  deeree'a  lien 
and  to  order  such  premises  to  be  sold  on  execution  or  decree  as  is  con- 
ferred on  the  court  from  which  an  appeal  is  taken.  Such  premises,  if 
sold,  maj'  be  redeemed  as  in  other  cases.  In  all  suits  now  pending,  or 
hereafter  brought  to  recover  street  assessments,  the  proceedings  therein 
shall  be  governed  and  regulated  by  the  provisions  of  this  act,  and  also, 
Gen.  Laws — 82 


Act  3930,  §§  121/^,  13  GENERAL  LAWS.  1298 

when  not  in  conflict  herewith,  by  the  codes  of  this  state.  This  act  shall 
be  liberally  construed  to  effect  the  ends  of  justice,  [Amendment  ap- 
proved Ma"rch  14,  1889.     Stats.  1889,  p.  168.] 

§  121/2.  The  city  council,  instead  of  waiting  until  the  completion  of 
the  improvement,  may,  in  its  discretion,  and  not  otherv/ise,  upon  the 
completion  of  two  blocks  or  more  of  any  improvement,  order  the  street 
superintendent  to  make  an  assessment  for  the  proportionate  amount  of 
the  contract  completed,  and  thereupon  proceedings  and  rights  of  col- 
lection of  such  proportionate  amount  shall  be  had  as  in  sections  8,  9, 
10,  11,  and  12  of  the  act  of  which  this  is  amendatory  is  provided.  [New 
section  approved  March  14,  1889.     Stats.  1889,  p.  169.] 

§  13.  When  any  portion  of  any  street,  avenue,  lane,  alley,  court,  or 
place  in  said  city  improved,  or  any  sidewalk  constructed  thereon  shall 
be  out  of  repair,  or  needing  reconstruction,  and  in  condition  to  endanger 
persons  or  property  passing  thereon,  or  in  condition  to  interfere  with 
the  public  convenience  in  the  use  thereof,  it  shall  be  the  duty  of  said 
superintendent  of  streets  to  require,  by  notice  in  writing,  to  be  delivered 
to  them  or  their  agents  personally,  or  left  on  the  premises,  the  owners 
or  occupants  of  lots  or  portions  of  lots  fronting  on  said  portion  of  said 
street,  avenue,  alley,  lane,  court,  or  place,  or  of  said  portion  of  said 
sidewalks  so  out  of  repair  or  needing  reconstruction  as  aforesaid,  to 
repair  or  reconstruct,  or  to  do  both,  forthwith,  said  portion  of  said  street, 
avenue,  lane,  alley,  court,  or  place,  to  the  center  line  of  said  street  in 
front  of  the  property  of  which  he  is  the  owner,  or  tenant,  or  occupant; 
and  said  superintendent  of  streets  shall  particularly  specify  in  said 
notice  what  work  is  required  to  be  done,  and  how  the  same  is  to  be 
done,  and  what  material  shall  be  used  in  said  repairs,  or  reconstructions, 
or  both.  If  said  repairs,  or  reconstructions,  or  both,  be  not  commenced 
within  three  days  after  notice  given  as  aforesaid,  and  diligently  and 
without  interruption  prosecuted  to  completion,  the  said  superintendent 
of  streets  may,  under  authority  from  said  city  council,  make  such  re- 
pairs, reconstruction,  or  both,  or  enter  into  a  contract  with  any  suitable 
person,  at  the  expense  of  the  owner,  tenant,  or  occupant,  after  the 
specification  for  the  doing  of  said  work  shall  have  been  conspicuously 
posted  by  him  in  his  office  for  two  days,  inviting  bids  for  the  doing  of 
said  work,  which  bids  shall  be  delivered  to  him  at  his  office  on  or  before 
the  second  day  of  said  posting,  and  opened  by  him  on  the  next  day 
following  the  expiration  of  said  two  days  of  posting,  and  the  contract 
by  him  be  awarded  to  the  lowest  bidder,  if  such  lowest  bid,  in  the  judg- 
ment of  said  street  superintendent,  shall  be  reasonable.  All  of  said  bids 
shall  be  preserved  in  his  office  and  open  at  all  times  after  the  letting 
of  the  contract  to  the  inspection  of  all  persons,  and  such  owner,  tenant, 
or  occupant  shall  be  liable  to  pay  said  contract  price.  Such  work  shall 
be  commenced  within  twenty-four  hours  after  the  contract  shall  have 
been  signed,  and  completed  without  delay  to  the  satisfaction  of  said 
street  superintendent.  Upon  the  completion  of  said  repairs,  or  recon- 
struction, or  both,  by  said  contractors  as  aforesaid,  to  the  satisfaction  of 


1299  STREETS.  Act  3930,  5§  14-17 

said  superintendent  of  streets,  said  superintendent  of  streets  shall  make 
and  deliver  to  said  contractor  a  certificate  to  the  effect  that  said  repairs, 
or  reconstruction,  or  both,  have  been  properly  made  by  said  contractor 
to  the  grade,  and  that  the  charges  for  the  same  are  reasonable  and  just, 
and  that  he,  said  superintendent,  has  accepted  the  same.  [Amendment 
approved  March  14,  1889.     Stats.  1889,  p.  169.] 

§  14.  If  the  expenses  of  the  work  and  material  for  such  Improvements 
after  the  completion  thereof,  and  the  delivery  to  said  contractor  of  said 
certificate,  be  not  paid  to  the  contractor  so  employed,  or  his  agent  or 
assignee,  on  demand,  the  said  contractor,  or  his  assignee,  shall  have  the 
right  to  sue  such  owner,  tenant,  or  occupant  for  the  amount  contracted 
to  be  paid;  and  said  certifieate  of  the  superintendent  of  streets  shall  be 
prima  facie  evidence  of  the  amount  claimed  for  said  work  and  materials, 
and  of  the  right  of  the  contractor  to  rr^over  for  the  same  in  such  action. 
Said  certificate  shall  be  recorded  by  the  said  superintendent  of  streets 
in  a  book  kept  by  him  in  his  office  for  that  purpose,  properly  indexed, 
and  the  sum  contracted  to  be  paid  shall  be  a  lien,  the  same  as  provided 
in  section  9  of  this  act,  and  may  be  enforced  in  the  same  manner. 

§  15.  In  addition,  and  as  cumulative  to  the  remedies  above  given,  the 
city  council  shall  have  power,  by  resolution  or  ordinance,  to  prescribe 
the  penalties  that  shall  be  incurred  by  any  owner  or  person  liable,  or 
neglecting,  or  refusing  to  make  repairs  when  required,  as  provided  in 
section  (13)  thirteen  of  this  act,  which  fines  and  penalties  shall  be 
recovered  for  the  use  of  the  city  by  prosecution  in  the  name  of  the 
people  of  the  state  of  California,  in  the  court  having  jurisdiction  thereof, 
and  may  be  applied,  if  deemed  expedient  by  the  said  council,  in  the 
payment  of  the  expenses  of  any  such  repairs  not  otherwise  provided  for. 

§  16.  The  person  owning  the  fee,  or  the  person  in  whom,  on  the  day 
the  action  is  commenced,  appears  the  legal  title  to  the  lots  and  lands, 
by  deeds  duly  recorded  in  the  county  recorder's  office  of  each  county, 
or  the  person  in  possession  of  lands,  lots,  or  portions  of  lots  or  buildings 
under  claim,  or  exercising  acts  of  ownership  over  the  same  for  him- 
self, or  as  the  executor,  administrator,  or  guardian  of  the  owner,  shall 
be  regarded,  treated,  and  deemed  to  be  the  "owner"  (for  the  purpose  of 
this  law),  according  to  the  intent  and  meaning  of  that  word  as  used 
in  this  act.  And  in  case  of  property  leased,  the  possession  of  the  tenant 
or  lessee  holding  and  occupying  under  such  persons  shall  be  deemed  to 
be  the  possession  of  such  owner. 

§  17.  Any  tenant  or  lessee  of  the  lands  or  lots  liable  may  pay  the 
amount  assessed  against  the  property  of  which  he  is  the  tenant  or  lessee 
under  the  provisions  of  this  act,  or  he  may  pay  the  price  agreed  on  to  be 
paid  under  the  provision  of  section  13  of  this  act,  either  before  or  after 
suit  brought,  together  with  costs,  to  the  contractor,  or  his  assigns,  or 
he  may  redeem  the  property,  if  sold  on  execution  or  decree  for  the 
benefit  of  the  owner,  within  the  time  prescribed  by  law,  and  deduct  the 
amount  so  paid  from  the  rents  due  and  to  become  due  from  him,  and  for 


Acl  3930,  §§  18-20  GENERAL  LAWS.  1300 

any  sums  so  paid  beyond  the  rents  due  from  him,  he  shall  have  a  lien 
upon  and  may  retain  possession  of  the  said  land  and  lots  until  the 
amount  so  paid  and  advanced  be  satisfied,  with  legal  interest,  from 
accruing  rents,  or  by  payment  by  the  owner. 

§  18.  The  records  kept  by  the  superintendent  of  streets  of  said  city, 
in  conformity  with  the  provisions  of  this'  act,  and  signed  by  him,  shall 
.have  the  same  force  and  effect  as  other  public  records,  and  copies  there- 
from, duly  certified,  may  be  used  in  evidence  with  the  same  effect  as 
the  originals.  The  said  records  shall,  during  all  office  hours,  be  open  to 
the  inspection  of  any  citizen  wishing  to  examine  them,  free  of  charge. 

§19.  Notices  in  writing  which  are  required  to  be  given  by  the  super- 
intendent of  streets,  under  the  provisions  of  this  act,  may  be  served  by 
any  person,  with  the  permission  of  the  superintendent  of  streets,  an.1 
the  fact  of  such  service  shall  be  verified  by  the  oath  of  the  persoj 
making  it,  taken  before  the  superintendent  of  streets,  who  for  that  pur- 
pose, and  for  all  other  purposes,  and  in  all  cases  where  a  verification 
is  required  under  the  provisions  of  this  act,  is  hereby  authorized  to 
administer  oaths,  or  other  person  authorized  to  administer  oaths,  or  such 
notices  may  be  delivered  to  the  superintendent  of  streets  himself,  who 
must  also  verify  the  service  thereof,  and  who  shall  keep  a  record  of  the 
fact  of  giving  such  notices,  when  delivered  by  himself  personally,  and 
also  of  the  notices  and  proof  of  service  when  delivered  by  any  other 
'person.     [Amendment  approved  March  14,  1889.     Stats.  1889,  p.  170.] 

§  20.  "Whenever  any  street,  or  portion  of  a  street,  has  been  or  shall 
hereafter  be  fully  constructed  to  the  satisfaction  of  the  superintendent 
of  streets  and  of  the  city  council,  and  is  in  good  condition  throughout, 
and  a  sewer,  gas-pipes,  and  water-pipes  are  laid  therein,  under  such 
regulations  as  the  city  council  shall  adopt,  the  same  shall  be  accepted 
by  the  city  council,  by  ordinance,  and  thereafter  shall  be  kept  in  repair 
and  improved  by  the  said  municipality;  the  expense  thereof,  together 
with  the  assessment  for  street  work  done  in  front  of  city  property,  to 
be  paid  out  of  a  fund  to  be  provided  by  said  council  for  that  purpose; 
provided,  that  the  city  council  shall  not  accept  of  any  portion  of  the 
street  less  than  the  entire  width  of  the  roadway  (including  the  curb- 
ing), and  one  block  in  length,  or  one  entire  crossing;  and,  provided 
further,  that  the  city  council  may  partially  or  conditionally  accept  any 
street,  or  portion  of  a  street,  without  a  sewer,  or  gas-pipes,  or  water-pipes 
therein,  if  the  ordinance  of  acceptance  expressly  states  that  the  council 
deems  such  sewer,  or  gas-pipes,  or  water-pipes,  to  be  then  unnecessary, 
but  the  lots  of  land  previously,  or  at  any  time,  assessable  for  the  cost  of 
constructing  a  sewer,  shall  remain  and  be  assessable  for  such  cost,  and 
for  the  cost  of  repairs  and  restoration  of  the  street  damaged  in  the  said 
construction,  whenever  said  council  shall  deem  a  sewer  to  be  necessary, 
and  shall  order  it  to  be  constructed,  the  same  as  if  no  partial  or  con- 
ditional acceptance  had  ever  been  made.  The  superintendent  of  streets 
shall  keep  in  his  office  a  register  of  all  streets  accepted  by  the   city 


1801  STREETS.  Act  3930,  §§  21-24 

council  under  this  section,  whicli  register  shall  be  indexed  for  easy  refer- 
ence thereto. 

§21.  The  superintendent  of  streets  shall  keep  a  public  office  in  gome 
convenient  place  within  the  municipality,  and  such  records  as  may  be 
required  by  the  provisions  of  this  act.  He  shall  superintend  and  direct 
the  cleaning  of  all  sewers,  and  the  expense  of  the  same  shall  be  paid  out 
of  the  street  or  sewer  fund  of  said  city. 

§22.  It  shall  be  the  duty  of  the  superintendent  of  streets  to  see 
that  the  laws,  ordinances,  orders,  and  regulations  relating  to  the  public 
streets  and  highways  be  fully  carried  into  execution,  and  that  the  pen- 
alties thereof  are  rigidly  enforced.  He  shall  keep  himself  informed  of  the 
condition  of  all  the  public  streets  and  highways,  and  also  of  all  public 
buildings,  parks,  lots,  and  grounds  of  said  city,  as  may  be  prescribed 
by  the  citj'-  council.  He  shall,  before  entering  upon  the  duties  of  his 
office,  give  bonds  to  the  municipality,  with  such  sureties  and  for  such 
sums  as  may  be  required  by  the  city  council;  and  should  he  fail  to  see 
the  laws,  ordinances,  orders,  and  regulations  relative  to  the  public  streets 
or  highways  carried  into  execution,  after  notice  from  any  citizen  of  a 
violation  thereof,  he  and  his  sureties  shall  be  liable  upon  his  official 
bond  to  any  person  injured  in  his  person  or  property  in  consequence  of 
said  official  neglect. 

§  23.  If,  in  consequence  of  any  graded  street  or  public  highway 
improved  under  the  provisions  of  this  act,  being  out  of  repair  and  in 
condition  to  endanger  persons  or  property  passing  thereon,  any  person, 
while  carefully  using  said  street  or  public  highway,  and  exercising  or- 
dinary care  to  avoid  the  danger,  suffer  damage  to  his  person  or  property, 
through  any  such  defect  therein,  no  recourse  for  damages  thus  suffered 
shall  be  had  against  such  city;  but  if  such  defect  in  the  street  or  public 
highway  shall  have  existed  for  the  period  of  twenty-four  hours  or  more 
after  notice  thereof  to  the  said  superintendent  of  streets,  then  the  person 
or  persons  on  whom  the  law  may  have  imposed  the  obligations  to  repair 
such  defect  in  the  street  or  public  highway,  and  also  the  officer  or  officers 
through  whose  official  negligence  such  defect  remains  unrepaired,  shall 
be  jointly  and  severally  liable  to  the  party  injured  for  the  damage  sus- 
tained; provided,  that  said  superintendent  has  the  authority  to  make  said 
repairs,  under  the  direction  of  the  city  council,  at  the  expense  of  the  city. 

§  24.  The  city  council  of  such  city  shall  have  full  power  and  author- 
ity to  construct  sewers,  gutters,  and  man-holes,  and  provide  for  the  clean- 
ing of  the  same,  and  culverts  or  cesspools,  or  cross-walks,  or  sidewalks, 
or  any  portion  of  any  sidewalk,  upon  or  in  any  street,  avenue,  lane,  alley, 
court,  or  place  in  such  city;  and  also  for  drainage  purposes,  over  or 
through  any  right  of  way  obtained  or  granted  for  such  purposes,  with 
necessary  and  proper  outlet  or  outlets  to  the  same,  of  such  materials, 
in  such  a  manner,  and  upon  such  terms  as  it  may  be  deemed  proper. 
None  of  the  work  or  improvements  described  in  this  section  shall   be 


Act  3930,  §§  25-28  GENERAL  LAWS.  1302 

stayed  or  prevented  by  any  written  or  any  other  remonstrance  or  objec- 
tion, unless  such  council  deems  proper.  [Amendment  approved  March  11, 
1893.     Stats.  1893,  p.  173.] 

§  25.  The  city  council  may,  in  its  discretion,  repair  and  water  streets 
that  shall  have  been  graded,  curbed,  and  planked,  paved,  or  macada- 
mized, and  may  build,  repair,  and  clean  sewers,  and  shall  provide  a 
street  contingent  fund  at  the  same  time  and  in  the  same  manner  as 
other  fuiids  are  provided,  out  of  which  to  pay  the  costs  and  expenses  of 
making  said  repairs,  and  watering  said  streets,  and  building,  repairing, 
and  cleaning  said  sewers;  but  whenever  any  unaccepted  street  or  part  of 
a  street  requires  regrading,  recurbing,  repiling,  repaving,  replanking, 
regraveling,  or  remacadamizing,  or  requires  new  culverts,  or  new  cross- 
walks, or  new  sidewalks,  or  new  sewers,  the  work  shall  be  advertised 
and  let  out  by  contract,  and  the  costs  and  expenses  thereof  shall  be 
assessed  upon  the  property  affected  or  benefited  thereby,  the  same  as  in 
the  first  instance. 

§26.  The  city  council  may,  in  its  discretion,  order,  by  resolution, 
that  the  whole  or  any  part  of  the  cost  and  expenses  of  any  of  the  work 
mentioned  in  this  act  be  paid  out  of  the  treasury  of  the  municipality 
from  such  fund  as  the  council  may  designate.  Whenever  a  part  of  such 
cost  and  expenses  is  so  ordered  to  be  paid,  the  superintendent  of  streets, 
in  making  up  the  assessment  heretofore  provided  for  such  cost  and 
expenses,  shall  first  deduct  from  the  whole  cost  and  expenses  such  part 
thereof  as  has  been  so  ordered  to  be  paid  out  of  the  municipal  treasury, 
and  shall  assess  the  remainder  of  said  cost  and  expenses  proportionately 
upon  the  lots,  parts  of  lots,  and  lands  fronting  on  the  streets  where  said 
work  was  done,  or  liable  to  be  assessed  for  such  work,  and  in  the  manner 
heretofore  provided.  [Amendment  approved  March  31,  1891.  Stats. 
1891,  p.  206.] 

Part  II. 

§27.  Whenever  the  city  council  deem  it  necessary  to  construct  a 
sewer,  then  the  said  council  may,  in  its  discretion,  determine  to  construct 
said  sewer,  and  assess  the  cost  and  expenses  thereof  upon  the  property 
to  be  affected  or  benefited  thereby,  in  such  manner  and  within  such 
assessment  district  as  it  shall  prescribe,  and  the  lien  therefor  upon  said 
property  shall  be  the  same  as  is  provided  in  section  9  of  this  act,  or  said 
council  may  determine  to  construct  said  sewer  and  pay  therefor  out  of 
the  street  contingent  fund. 

§  28.  If,  at  any  time,  the  city  council  shall  deem  it  necessary  to  incur 
any  indebtedness  for  the  construction  of  sewers,  in  excess  of  the  money 
in  the  street  contingent  fund  applicable  to  the  construction  of  such 
sewers,  they  shall  give  notice  of  a  special  election  by  the  qualified 
electors  of  the  city,  to  be  held  to  determine  whether  such  indebtedness 
shall  be  incurred.  Such  notice  shall  specify  the  amount  of  indebtedness 
proposed  to  be  incurred,  the  route  and  general  character  of  the  sewer, 
or  sewers  to  be  constructed,  and  the  amount  of  money  necessary  to  be 


1303  STREETS.  Act  3930,  §§  29-32 

raised  annually  by  taxation  for  an  interest  and  sinking  fund  as  herein- 
after provided.  Such  notice  shall  be  published  for  at  least  three  weeks 
in  some  newspaper  published  in  such  city,  and  no  other  question  or 
matter  shall  be  submitted  to  the  electors  at  such  election.  If,  upon  a 
canvass  of  the  votes  cast  at  such  election,  it  appear  that  not  less  than 
two-thirds  of  all  the  qualified  electors  voting  at  such  election  shall  have 
voted  in  favor  of  incurring  such  indebtedness,  it  shall  be  the  duty  of  the 
city  council  to  pass  an  ordinance  providing  for  the  mode  of  creating  such 
indebtedness,  and  of  paying  the  same;  and  in  such  ordinance  provision 
shall  be  made  for  the  levy  and  collection  of  an  annual  tax  upon  all  the 
real  and  personal  property'  subject  to  taxation,  within  such  city,  sufficient 
to  pay  the  interest  on  such  indebtedness  as  it  falls  due,  and  also  to  con- 
stitute a  sinking  fund  for  the  pa3anent  of  the  principal  thereof,  within 
a  period  of  not  more  than  twenty  years  from  the  time  of  contracting 
the  same.  It  shall  be  the  duty  of  the  city  council  in  each  year  there- 
after, at  the  time  when  other  taxes  are  levied,  to  levy  a  tax  sufficient 
for  such  purpose,  in  addition  to  the  taxes  authorized  to  be  levied  for 
city  purposes.  Such  tax,  when  collected,  shall  be  kept  in  the  treasury 
as  a  separate  fund,  to  be  inviolably  appropriated  to  the  payment  of  the 
principal  and  interest  of  such  indebtedness. 

§  29.  If  bonds  are  issued  under  the  provisions  of  the  last  section,  said 
bonds  shall  be  in  sums  of  not  less  than  one  hundred  dollars  nor  more 
than  one  thousand  dollars,  shall  be  signed  by  the  maj^or  and  treasurer 
of  the  city,  and  the  seal  of  the  city  shall  be  affixed  thereto.  Coupons 
for  the  interest  shall  be  attached  to  each  bond,  signed  by  the  mayor 
and  treasurer.  Said  bonds  shall  bear  interest,  to  be  fixed  by  the  city 
council,  at  the  rate  of  not  to  exceed  five  per  cent  per  annum. 

§  30.  Before  the  sale  of  said  bonds,  the  council  shall,  at  a  regular 
meeting,  by  resolution,  declare  its  intention  to  sell  a  specified  amount 
of  said  bonds,  and  the  day  and  hour  of  such  sale,  and  shall  cause  such 
resolution  to  be  entered  in  the  minutes,  and  shall  cause  notice  of  such 
sale  to  be  published  for  fifteen  days  in  at  least  one  newspaper  pub- 
lished in  the  city  in  which  the  bonds  are  issued,  and  one  published  in 
the  city  and  county  of  San  Francisco,  and  in  any  other  newspaper  in 
the  state,  at  their  discretion.  The  notice  shall  state  that  sealed  pro- 
posals will  be  received  by  the  council  for  the  purchase  of  the  bonds  on 
the  day  and  hour  named  in  the  resolution.  The  council,  at  the  time  ap- 
pointed, shall  open  the  proposals  and  award  the  purchase  of  the  bonds 
to  the  highest  bidder,  but  may  reject  all  bids. 

§  31.  The  council  may  sell  said  bonds,  at  not  less  than  par  value,  with- 
out the  notice  provided  for  in  the  preceding  section. 

§  32.  The  proceeds  of  the  sale  of  the  bonds  shall  be  deposited  in  the 
city  treasury,  to  the  account  of  the  sewer  fund,  but  no  payment  there- 
from shall  be  made,  except  to  pay  for  the  construction  of  the  sewer  or 
sewers,  for  the  construction  of  which  the  bonds  were  issued,  and  upon 
the  certificate  of  the  superintendent  of  streets  and  the  city  engineer  that 


Act  3930,  IS  33,  34  GENERAL  LAWS.  1304 

the  work  has  been  done  according  to  the  contract;  provided,  that  after 
the  completion  of  the  sewers,  for  the  construction  of  which  said  bonds 
Avere  issued,  if  there  be  any  money  of  said  fund  left  in  the  treasury, 
the  same  may  be  transferred  to  the  general  fund,  for  general  purposes. 
[Amendment  approved  March  15,  1887.     Stats.  1887,  p.  148.] 

§  33.  Whenever  said  council  shall  determine  to  construct  any  sewer, 
and  pay  therefor  out  of  the  street  contingent  fund,  or  by  the  issuance 
of  bonds,  as  above  provided,  then  said  council  shall  cause  to  be  pre- 
pared plans  and  specifications  of  said  work  in  sections,  and  shall  adver- 
tise for  twenty  days  in  at  least  one  newspaper  published  in  the  city 
in  which  the  sewer  is  to  be  constructed,  and  one  in  the  city  and  county 
of  San  Francisco,  for  sealed  proposals  for  constructing  said  sewer.  The 
work  may  be  let  in  sections,  and  must  be  awarded  to  the  lowest  respon- 
sible bidder,  the  council  having  the  right  to  reject  any  and  all  bids. 
The  work  shall  be  done  and  the  materials  furnished  under  the  supervision 
and  to  the  satisfaction  of  the  superintendent  of  streets  and  the  city 
engineer. 

Part  III. 

§  34.  First.  The  city  engineer,  or  where  there  is  no  city  engineer, 
the  county,  or  city  and  county  surveyor,  shall  be  the  proper  officer  to  do 
the  surveying  and  other  engineering  work  necessary  to  be  done  under 
this  act,  and  to  survey  and  measure  the  work  to  be  done  under  con- 
tracts for  grading  and  macadamizing  streets,  and  to  estimate  the  costs 
and  expenses  thereof;  and  every  certificate  signed  by  him  in  his  official 
character  shall  be  prima  facie  evidence  in  all  courts  in  this  state  of  the 
truth  of  its  contents.  He  shall  also  keep  a  record  of  all  surveys  made 
under  the  provisions  of  this  act,  as  in  other  cases.  In  all  those  cities 
where  there  is  no  city  engineer  the  city  council  thereof  is  hereby  author- 
ized and  empowered  to  appoint  a  suitable  person  to  discharge  the  duties 
herein  laid  down  as  those  of  city  engineer,  and  all  the  provisions  hereof 
applicable  to  the  city  engineer  shall  apply  to  such  person  so  appointed. 
Said  city  council  is  hereby  empowered  to  fix  his  compensation  for  such 
services. 

Second.  The  words  "work,"  "improve,"  "improved"  and  "improve- 
ment," as  used  in  this  act,  shall  include  all  work  mentioned  in  this  act, 
and  also  the  construction,  reconstruction  and  repairs  of  all  or  any  portion 
of  said  work. 

Third.  The  term  "incidental  expenses,"  as  used  in  this  act,  shall  in- 
clude the  compensation  of  the  city  engineer  for  work  done  by  him;  also 
the  cost  of  printing  and  advertising,  as  provided  in  this  act,  and  not 
otherwise;  also  the  compensation  of  the  person  appointed  by  the  super- 
intendent of  streets  to  take  charge  of  and  superintend  any  of  the  work 
mentioned  in  section  35  of  this  act;  also  the  expenses  of  making  the  as- 
sessment for  any  work  authorized  by  this  act.  All  demands  for  incidental 
expenses  mentioned  in  this  subdivision  shall  be  presented  to  the  street 
superintendent  by  itemized  bill,  duly  verified  by  oath  of  the  demandant. 

Fourth.  The  notices,  resolutions,  orders  or  other  matter  required  to 
be  published  by  the  provisions  of  this  act,  and  of  the  act  of  which  this 


1305  STREETS.  Act  3930,  §31 

is  amendatory,  shall  be  published  in  a  daily  newspaper,  in  cities  where 
Buch  there  is,  and  where  there  is  no  daily  newspaper,  in  a  serai-weekly 
or  weekly  newspaper,  to  be  desi^jnated  by  the  council  of  such  city,  as 
often  as  the  same  is  issued,  au^  no  other  statute  shall  govern  or  be 
applicable  to  the  publications  herein  provided  for;  provided,  however, 
that  only  in  case  there  is  no  daily,  semi-weekly  or  weekly  newspaper 
printed  or  circulated  in  any  such  city,  then  such  notices,  resolutiong, 
orders  or  other  matters  as  are  herein  required  to  be  published  in  a  news- 
paper, shall  be  posted  and  kept  posted  for  the  same  length  of  time  as 
required  herein  for  the  publication  of  the  same  in  a  daily,  semi-weekly 
or  weekly  newspaper,  in  three  of  the  most  public  places  in  such  city. 
Proof  of  the  publication  or  posting  of  any  notice  provided  for  herein 
shall  be  made  by  affidavit  of  the  owner,  publisher  or  clerk  of  the  news- 
paper, or  of  the  poster  of  the  notice.  No  publication  or  notice,  other 
than  that  provided  for  in  this  act,  shall  be  necessary  to  give  validity 
to  any  of  the  proceedings  provided  for  therein. 

Fifth.  The  word  "municipality"  and  the  word  "city,"  as  used  in  this 
act,  shall  be  understood  and  so  construed  as  to  include,  and  is  hereby 
declared  to  include,  all  corporations  heretofore  organized  and  now  exist- 
ing, and  those  hereafter  organized,  for  municipal  purposes. 

Sixth.  The  words  "paved"  or  "repaved,"  as  used  in  this  act,  shall 
be  held  to  mean  and  include  pavement  of  stone,  whether  paving  blocks 
or  macadamizing,  or  of  bituminous  rock  or  asphalt,  or  of  iron,  wood  or 
other  material,  whether  patented  or  not,  which  the  city  council  shall 
by  ordinance  adopt. 

Seventh.  The  word  "street,"  as  used  in  this  act,  shall  be  deemed  to, 
and  is  hereby  declared  to,  include  avenues,  highways,  lanes,  alleys,  cross- 
ings, or  intersections,  courts  and  places,  and  the  term  "main  street" 
means  such  actually  opened  street  or  streets  as  bound  a  block;  the 
word  "blocks,"  whether  regular  or  irregular,  shall  mean  such  blocks  as 
are  bounded  by  main  streets,  or  partially  by  a  boundary  line  of  the  city. 

Eighth.  The  terms  "street  superintendent"  and  "superintendent  of 
streets,"  as  used  in  this  act,  shall  be  understood  and  so  construed  as  to 
include,  and  are  hereby  declared  to  include,  any  person  or  officer  whose 
duty  it  is,  under  the  law,  to  have  the  care  or  charge  of  the  streets,  or 
the  improvement  thereof  in  any  city.  In  all  those  cities  where  there  is 
no  street  superintendent  or  superintendent  of  streets,  the  city  council 
thereof  is  hereby  authorized  and  empowered  to  appoint  a  suitable  person 
to  discharge  the  duties  herein  laid  down  as  those  of  street  superintendent 
or  superintendent  of  streets;  and  all  provisions  hereof  applicable  to  the 
street  superintendent  or  superintendent  of  streets  shall  apply  to  such 
person  so  appointed. 

Ninth.  The  term  "city  council"  is  hereby  declared  to  include  any 
body  or  board  which,  under  the  law,  is  the  legislative  department  of  the 
government  of  any  city. 

Tenth.  In  municipalities  in  which  there  is  no  mayor,  then  the  duties 
imposed  upon  said  officer  by  the  provisions  of  this  act  shall  be  performed 
by  the  president  of  the  board  of  trustees,  or  other  chief  executive  officer 
of  the  municipality. 


Act  3930,  §§  35-37  GENERAL  LAWS.  1306 

Eleventh.  The  term  "clerk"  and  "city  clerk,"  as  used  in  this  act,  is 
hereby  declared  to  include  any  person  or  officer  who  shall  be  clerk  of 
the  said  city  council. 

Twelfth.  The  term  "quarter  block/'  as  used  in  this  act  as  to  irregular 
blocks,  shall  be  deemed  to  include  all  lots  or  portions  of  lots  having 
any  frontage  on  either  intersecting  street  half  way  from  such  inter- 
section to  the  next  main  street,  or,  when  no  main  street  intervenes,  all 
the  way  to  a  boundary  line  of  the  city. 

Thirteenth.  The  term  "one  year,"  as  used  in  this  act,  shall  be  deemed 
to  include  the  time  beginning  with  January  first  and  ending  with  the 
thirty-first  day  of  December  of  the  same  year. 

Fourteenth.  Eeferences  in  certain  sections,  by  number,  to  certain 
other  sections  of  "this  act"  refer  to  the  number  of  the  sections  of  the 
original  act,  as  heretofore  amended,  unless  it  appears  from  the  context 
that  the  reference  is  to  the  section  of  this  amendatory  act,  when  it  shall 
be  construed  according  to  the  context.  [Amendment  approved  March  23, 
1907.     Stats.  1907,  p.  1000.     In  effect  immediately.] 

§  35.  The  superintendent  of  streets  in  all  cities  having  a  population 
of  fifty  thousand  or  over  shall,  when  in  his  judgment  it  is  necessary, 
appoint  a  suitable  person  to  take  charge  of  and  superintend  the  con- 
struction and  improvement  of  each  and  every  sewer  constructed  or  im- 
proved under  the  provisions  of  this  act,  and  of  piling  and  capping,  side- 
walks, or  of  the  paving  of  whatever  character  heretofore  menlioncd,  in 
whole  or  in  part,  of  one  block  or  more,  whose  duty  it  shall  be  to  see 
that  the  contract  made  for  the  doing  of  said  work  is  strictly  fulfilled 
in  every  respect,  and  in  case  of  any  departure  therefrom  to  report  the 
same  to  the  superintendent  of  streets.  Such  person  shall  be  allowed  for 
his  time  actually  employed  in  the  discharge  of  his  duties  such  compen- 
sation as  shall  be  just,  but  not  to  exceed  four  dollars  per  day.  The  sum 
to  which  the  party  so  employed  shall  be  entitled  shall  be  deemed  to  be 
incidental  expenses,  within  the  meaning  of  those  words  as  defined  by 
this  act.     [Amendment  approved  March  6,  1903.     Stats.  1903,  p.  88.] 

§  36.  The  act  entitled  "An  act  to  provide  for  the  improvement  of 
streets,  lanes,  alleys,  courts,  places,  and  sidewalks,  and  the  construction 
of  sewers  within  municipalities,"  approved  March  sixth,  eighteen  hun- 
dred and  eighty-three,  is  hereby  repealed;  provided,  that  any  work  or 
proceedings  commenced  thereunder  prior  to  the  passage  of  this  act  shall 
in  nowise  be  affected  hereby,  but  shall  in  all  respects  be  finished  and 
completed  under  said  act  of  March  sixth,  eighteen  hundred  and  eighty- 
three,  and  said  repeal  shall  in  nowise  affect  said  work  or  proceedings. 

§37.  That  said  act  shall  take  effect  and  be  in  force  immediately 
upon  its  passage,  and  all  acts  and  parts  of  acts  in  conflict  with  this  act 
are  hereby  repealed;  and  provided,  however,  that  any  work  or  proceeding 
of  the  city  council  commenced  under  the  act  of  which  this  is  amendatory 
shall  in  nowise  be  affected  thereby,  but  shall  in  all  respects  be  fin- 
ished and  completed  thereunder.  [Amendment  approved  March  11,  18Q3. 
Stats.  1893,  p.  173.] 


1307  STREETS.  'Act  3930,  §§  38-40 

§  38.  The  city  council  is  hereby  enipowerod  to  chanjje  or  modify  the 
grade  of  any  public  street,  lane,  alley,  place,  or  court,  and  to  regvade 
or  repave  the  same,  so  as  to  conform  to  such  modified  grade,  in  the 
manner  as  hereinafter  provided.  Before  any  change  of  grade  is  ordered 
the  city  council  shall  pass  an  ordinance  or  resolution  of  intention  to 
make  such  change  or  modification  of  grade,  and  it  shall  have  power  at 
the  same  time  and  in  the  same  ordinance  or  resolution  to  provide  for  the 
actual  cost  of  performing  the  work  of  regrading,  repaying,  sewering, 
sidewalking,  or  curbing  of  said  street  or  portion  of  street,  with  the  same 
or  other  material  with  which  it  was  formerly  graded,  paved,  sewered, 
sidewalked,  or  curbed;  and  that  the  cost  of  the  same  shall  also  be  assessed 
upon  the  same  district  which  is  declared  to  be  benefited  by  such  changed 
or  modified  grade.  One  or  more  streets  or  blocks  of  streets  may  be 
embraced  in  the  same  ordinance  or  resolution.  Such  ordinance  or  resolu- 
tion shall  be  published  in  the  newspaper  in  which  the  official  notices  of 
the  city  council  are  usually  printed  and  published;  and  such  newspaper 
is  to  be  designated  in  such  ordinance  or  resolution.  Such  publication 
shall  be  made  in  every  regular  issue  of  such  paper  for  not  less  than  ten 
days,  and  shall  describe  the  proposed  change  or  modification  of  grade 
or  regrading,  and  shall  designate  and  establish  the  district  to  be  benefited 
by  such  change  or  modification  of  grade  or  regrading,  and  to  be  assessed 
for  the  cost  of  the  same.  Within  five  days  after  the  first  publication  of 
the  ordinance  or  resolution  of  intention,  the  superintendent  of  streets 
shall  cause  to  be  conspicuously  posted  within  the  district  designated  in 
the  ordinance  of  resolution,  notice  of  the  passage  of  said  resolution. 
Said  notices  shall  be  the  same  in  all  requirements  of  contents  and  posting 
as  the  "Notices  of  Street  Work"  provided  for  in  section  3  of  the  original 
act  to  which  this  is  amendatory.  If  no  objection  to  said  proposed  change 
or  changes,  or  modifications  of  grade,  shall  be  filed  with  the  clerk  of 
the  council  within  thirty  days  from  the  first  publication  of  the  ordinance 
or  resolution  of  intention  hereinbefore  mentioned,  the  city  council  shall 
have  power  to  declare  such  grades  to  be  changed  and  established  in  con- 
formity to  said  ordinance  or  resolution;  provided,  that  no  change  of 
an  established  grade  shall  be  ordered  except  on  petition  of  flie  owners 
of  a  majority  of  the  property  affected  by  the  proposed  change  of  grade. 
[En.  3891,  p.  116.     Kep.  1893,  p.  33;  amended  1893,  p.  89.] 

§  39.  Within  thirty  days  after  the  first  publication  of  said  notice, 
any  person  owning  property  fronting  upon  said  portions  of  the  street 
or  streets  where  such  change  of  grade  is  made,  may  file  a  petition  with 
the  clerk  of  the  city  council  showing  the  fact  of  such  ownership,  the 
description  and  situation  of  the  property  ciaimed  to  be  damaged,  its 
market  value,  and  the  estimated  amount  of  damages  over  and  above  all 
benefits  which  the  property  would  sustain  by  the  proposed  change  if 
completed.  Such  petition  shall  be  verified  by  the  oath  of  the  petitioners 
or  their  agents.  [En.  1891,  p.  116.  Eep.  1893,  p.  33;  amended  1893, 
p.  90.] 

§  40.  Whenever  such  petition  or  petitions  have  been  filed,  the  mayor, 
surveyor,  and  superintendent  of  streets  of  the  city,  or  city  and  county. 


Act  3930,  §§41-45  GENERAL  LAWS.  1808 

acting  as  a  board  of  commissioners,  shall  assess  the  benefits,  damages, 
and  costs  of  the  proposed  change  of  grade  upon  each  separate  lot  of 
land  situated  within  such  assessment  district,  as  said  lot  appears  of 
record  upon  the  last  city,  or  city  and  county  assessment-roll.  [En.  1891, 
p.  116.     Eep.  1893,  p.  33;  amended  1893,  p.  90.] 

§  41.  The  commissioners  shall  be  sworn  to  make  the  assessments  of 
benefits  and  damages  to  the  best  of  their  judgment  and  ability,  without 
fear  or  favor.     [En.  1891,  p.  116.     Eep.  1893,  p.  33;  amended  1893,  p.  90.] 

§42.  The  commissioners  shall  have  power  to  subpoena  witnesses  to 
appear  before  them  to  be  examined  under  oath,  which  any  one  of  said 
commissioners  is  authorized  to  administer.  [En.  1891,  p.  116.  Eep.  1893^ 
p.  33;  amended  1893,  p.  90.] 

§43.  The  commissioners  having  determined  the  damage  which  would 
be  sustained  by  each  petitioner,  in  excess  of  all  benefits,  shall  proceed 
to  assess  the  total  amount  thereof,  together  with  the  costs,  charges,  and 
expenses  of  the  proceedings,  upon  the  several  lots  of  land  benefited 
within  the  district  of  assessment,  so  that  each  of  the  lots  shall  be  assessed 
in  accordance  with  its  benefits  caused  by  such  work  or  improvement; 
and  during  the  progress  of  their  work  shall  make  a  report  to  such  city 
council  as  often  as  it  may  be  required.  [En.  1891,  p.  116.  Eep.  1893, 
p.  33;  amended  1893,  p.  90.] 

§44.  The  commissioners  shall  make  their  report,  in  writing,  and  shall 
subscribe  to  the  same  and  file  with  the  city  council.  In  their  said 
report  they  shall  describe  separately  each  piece  of  property  which  will 
sustain  damage,  stating  the  amount  of  damages  each  will  sustain  over 
and  above  all  benefits.  They  shall  also  give  a  brief  description  of  each 
lot  benefited  within  said  assessment  district,  the  name  of  the  owner,  if 
known,  and  the  amount  of  benefits  in  excess  of  damages  assessed  against 
the  same.  In  case  the  three  commissioners  do  not  agree,  the  award 
agreed  upon  by  any  two  of  them  shall  be  sufiicient.  In  designating  the 
lots  to  be  assessed,  reference  may  be  had  to  a  diagram  of  the  property 
in  the  district  afliected;  such  diagram  to  be  attached  to  and  made  a  part 
of  the  report  of  the  commissioners.  [En.  1891,  p.  116.  Eep.  1893,  p. 
33;  amended  1893,  p.  90.] 

§45.  If  in  any  case  the  commissioners  find  that  conflicting  claims  of 
title  exist,  or  shall  be  in  ignorance  or  doubt  of  the  ownership  of  any 
lot  or  land,  or  any  improvement  thereon,  or  any  interest  therein,  it  shall 
be  set  down  as  belonging  to  unknown  owners.  Error  in  the  designation 
of  the  owner  or  owners  of  any  land  or  improvements,  or  particulars  of 
their  interest,  shall  not  affect  the  validity  of  the  assessment.  On  the 
filing  of  said  report,  the  clerk  of  said  city  council  shall  give  notice  of 
such  filing  by  the  publication  of  at  least  ten  days  in  one  or  more  daily 
newspapers  published  and  circulated  in  said  city;  or  if  there  be  no  daily 
newspaper,  by  three  successive  issues  in  a  weekly  or  semi-weekly  news- 
paper   so    published    and    circulated;    and    said    notice    shall    require    all 


1309  STREETS.  Act  3930,  §  46 

persons  interested  to  show  cause,  if  any,  why  such  report  should  not  be 
confirmed,  before  the  city  council,  on  a  day  to  be  fixed  by  the  city 
council  and  stated  in  said  notice,  which  day  shall  not  be  less  than  twenty 
days  from  the  first  publication  thereof.  [Amendment  approved  March 
9,  1893.     Stats.  1893,  p.  91.] 

§  46.  All  ob.iections  shall  be  in  writing  and  filed  with  the  clerk  of 
the  city  council,  who  shall,  at  the  next  meeting  after  the  date  fixed  in 
the  notice  to  show  cause,  lay  the  said  objections,  if  any,  before  the  coun- 
cil, which  shall  fix  a  time  for  hearing  the  same;  of  which  time  the  clerk 
shall  notify  the  objectors  in  the  same  manner  as  are  notified  objectors 
to  the  original  resolution  of  intention.  At  the  time  set,  or  at  such  other 
time  as  the  hearing  may  be  adjourned,  the  city  council  shall  hear  such 
objections  and  pass  upon  the  same,  and  at  such  time  shall  proceed  to 
pass  upon  such  report,  and  may  confirm,  correct,  or  modify  the  same, 
or  may  order  the  commissioners  to  make  a  new  assessment,  report,  and 
plat,  which  shall  be  filed,  notice  given  and  had,  as  in  the  case  of  an 
original  report.  In  case  the  ordinance  or  resolution  of  intention  also 
provides  for  the  assessing  upon  the  district  the  cost  of  regrading  or 
repaying  such  street  or  streets  to  such  changed  or  modified  grade,  after 
the  report  of  the  commissioners  as  to  the  damages  caused  by  such  change 
of  grade  has  been  passed  upon  by  the  city  council,  it  shall  then  advertise 
for  bids  to  perform  the  work  of  regrading,  repaving,  sewering,  sidewalk- 
ing,  or  curbing  such  street  or  streets  with  the  same  or  other  material 
with  which  the  same  had  been  formerly  graded,  paved,  sewered,  side- 
walked,  or  curbed;  first  causing  a  notice,  with  specifications,  to  be  posted 
conspicuously  for  five  days  on  or  near  the  council  chamber  door,  inviting 
sealed  proposals  for  bids  for  doing  such  work,  and  shall  also  cause 
notices  of  said  work,  inviting  said  proposals  and  referring  to  tlie  specifi- 
cations posted  or  on  file,  to  be  published  two  days  in  a,  daily,  semi- 
weekly,  or  weekly  newspaper  published  and  circulated  in  said  city,  and 
designated  by  the  city  council  for  that  purpose,  and  in  case  there  is  no 
newspaper  published  in  the  city,  then  it  shall  be  posted  as  provided  in 
section  3  of  the  original  act  to  which  this  is  amendatory.  All  proposals 
or  bids  offered  shall  be  accompanied  by  a  check,  payable  to  the  order  of 
the  mayor  of  the  city,  and  certified  by  a  responsible  bank  for  that 
amount,  which  shall  not  be  less  than  ten  per  cent  of  the  aggregate  of  the 
proposals;  or  by  a  bond  for  said  amount,  signed  by  the  bidder  and  two 
sureties,  who  shall  justify  under  oath  in  double  said  amount  over  and 
above  all  statutory  exemptions.  Said  proposals  or  bids  shall  be  deliv- 
ered to  the  clerk  of  the  said  city  council,  and  said  council  shall  in  open 
session,  examine  and  publicly  declare  the  same;  provided,  however,  that 
no  proposal  or  bid  shall  be  considered  unless  accompanied  by  a  check  or 
a  bond  satisfactory  to  the  council.  The  city  council  may  reject  any  and 
all  bids,  and  may  award  the  contract  to  the  lowest  responsible  bidder, 
which  award  shall  be  approved  by  the  mayor  or  the  three-fourths  vote 
of  the  city  council.  If  not  approved  by  the  mayor  or  the  three-fourths 
vote  of  the  city  council,  the  city  council  may  readvertise  for  proposals 
or  bids  for  the  performance  of  the  work,  as  in  the  first  instance,  and 


Act  3930,  §§  47-49  GENERAL  LAWS.  1310 

thereafter  proceed  in  the  manner  in  this  section  provided.  All  checks 
accompanying  bids  shall  be  held  by  the  clerk  until  the  bearer  has  en- 
tered into  a  contract,  as  herein  provided;  and  in  case  he  refuses  so  to 
do,  then  the  amount  of  his  certified  check  shall  be  declared  forfeited  to 
the  city,  and  shall  be  collected  and  paid  into  its  general  fund,  and  all 
bonds  so  forfeited  shall  be  prosecuted,  and  the  amount  thereon  collected 
paid  into  such  fund.  Notice  of  the  awards  of  the  contracts  shall  be 
published  and  posted  in  the  same  manner  as  hereinbefore  provided  for 
the  posting  of  proposals  for  said  work,  [Amendment  approved  March  9, 
1893.     Stats.  1893,  p.  91.] 

§  47.  After  such  contract  has  been  awarded  and  entered  into,  the 
clerk  of  the  city  council  shall  certify  to  the  city  council  that  fact,  to- 
gether with  the  total  amount  of  the  cost  of  the  same,  whereupon  the 
city  council  shall  cause  to  be  forwarded  to  the  commissioners  a  copy  of 
such  certificate;  whereupon  such  commissioners  shall  proceed  to  assess 
the  cost  of  doing  such  work  upon  all  the  lots  and  land  lying  within  the 
district  to  be  assessed,  distributing  the  same  so  that  each  lot  will  be 
assessed  for  its  proportion  of  the  same,  according  to  the  benefits  it 
receives  from  the  work,  and  in  the  same  manner  in  which  the  damages 
caused  by  the  change  of  grade  were  assessed  upon  the  same.  Such  com- 
missioners, in  making  such  assessment,  shall  show  the  total  amount  for 
which  each  lot  or  tract  is  assessed,  in  excess  of  all  benefits,  for  the  total 
cost  of  changing  and  modifying  the  grade  of  the  street,  as  well  as  the 
regrading,  repaving,  sewering,  sidewalking,  and  curbing  of  the  same,  and 
costs  or  damages  connected  therewith.  The  provisions  of  the  act  to 
which  this  is  amendatory  in  regard  to  the  mode  or  manner  of  the  assess- 
ment of  the  cost  of  such  work  shall  not  apply  to  the  work  herein  con- 
templated; neither  shall  the  provisions  of  the  same  in  regard  to  the 
issuing  of  bonds  to  represent  the  cost  of  the  same,  nor  the  provisions  in 
regard  to  the  right  of  protest  against  the  work.  [Amendment  approved 
March  9,  1893.     Stats.  1893,  p.  92.] 

§  48.  The  clerk  of  said  city  council  shall  forward  to  the  street  super- 
intendent of  the  city  a  certified  copy  of  the  report,  assessment,  and  plat, 
as  finally  confirmed  and  adopted  by  the  city  council.  Such  certified  copy 
shall  thereupon  be  the  assessment-roll,  the  cost  of  which  shall  be  provided 
for  by  the  commissioners,  as  a  portion  of  the  cost  of  the  proceedings 
therein.  Immediately  upon  receipt  thereof  by  the  street  superintendent, 
the  assessment  therein  contained  shall  become  due  and  payable,  and  shall 
be  a  lien  upon  all  the  property  contained  or  described  therein.  [Amend- 
ment approved  March  9,  1893.     Stats.  1893,  p.  93.] 

§  49.  The  superintendent  of  streets  shall  thereupon  give  notice,  by 
publication  for  ten  days  in  one  or  more  daily  newspapers  published  and 
circulated  in  said  city,  or  city  and  county,  or  two  successive  insertions 
in  a  weekly  or  semi-weekly  newspaper  so  published  and  circulated,  that- 
he  has  received  said  assessment-roll,  and  that  all  sums  levied  and  assessed 
in  said  assessment-roll  are  due  and  payable  immediately,  and  that  the 
payment  of  said  sums  is  to  be  made  to  him  within  thirty  days  from  the 


1311  STREETS.  Act  3930.  §  49 

date  of  the  first  publication  of  said  notice.  Said  notice  shall  also  con- 
tain a  statement  that  all  assessments  not  paid  before  the  expiration  of 
said  thirty  days  will  be  declared  to  be  delinquent,  and  that  thereafter 
the  sum  of  five  per  cent  upon  the  amount  of  such  delinquent  assessment, 
together  with  the  cost  of  advertising  each  delinquent  assessment  will  be 
added  thereto.  When  payment  of  any  assessment  is  made  to  said  super- 
intendent of  streets,  he  shall  write  the  word  "Paid"  and  the  date  of 
payment  opposite  the  respective  assessment  so  paid,  and  the  name  of 
the  persons  by  or  for  whom  said  assessment  is  paid,  and  shall  give  a 
receipt  therefor.  On  the  expiration  of  said  thirty  days,  all  assessments 
then  unpaid  shall  be  and  become  delinquent,  and  said  superintendent  of 
streets  shall  certify  such  fact  at  the  foot  of  said  assessment-roll,  and 
shall  add  five  per  cent  to  the  amount  of  each  assessment  so  delinquent. 
The  said  superintendent  of  streets  shall,  within  five  days  from  the  date 
of  such  delinquency,  proceed  to  advertise  the  various  sums  delinquent, 
and  the  whole  thereof,  including  the  cost  of  advertising,  which  last 
shall  not  exceed  the  sum  of  fifty  cents  for  each  lot,  piece,  or  parcel  of 
land  separatelj'  assessed,  by  the  sale  of  the  assessed  property  in  the 
same  manner  as  is  or  may  be  provided  for  the  collection  of  state  and 
county  taxes;  and  after  the  date  of  said  delinquency,  and  before  the 
time  of  such  sale  herein  provided  for,  no  assessment  shall  be  received, 
unless  at  the  same  time  the  five  per  cent  added  to  as  aforesaid,  together 
with  the  costs  of  advertising  then  already  incurred,  shall  be  paid  there- 
with. Said  list  of  delinquent  assessments,  with  a  notice  of  the  time 
and  place  of  sale  of  the  property  affected  thereby,  shall  be  published 
daily  for  five  days,  in  one  or  more  daily  newspapers  published  and  circu- 
lated in  such  city,  or  by  at  least  two  insertions  in  a  weekly  newspaper 
so  published  and  circulated  before  the  day  of  sale  for  such  delinquent 
assessment.  Said  time  of  sale  must  not  be  less  than  seven  days  from 
the  date  of  the  first  publication  of  said  delinquent  assessment-list,  and 
the  place  must  be  in  or  in  front  of  the  office  of  said  superintendent  of 
streets.  All  property  sold  shall  be  subject  to  redemption  for  one  year, 
and  in  the  same  manner  as  in  sales  for  delinquent  state  and  county 
taxes;  and  the  superintendent  of  streets  shall,  if  there  is  no  redemption, 
make  and  deliver  to  the  purchaser  at  such  sale  a  deed  conveying  the 
property  sold,  and  may  collect  for  each  certificate  fifty  cents,  and  for 
each  deed  one  dollar.  All  provisions  of  the  law  in  reference  to  the  sale 
and  redemption  of  property  for  delinquent  state  and  county  taxes,  in 
force  at  any  given  time,  shall  also  then,  as  far  as  the  same  are  not  in 
conflict  with  the  provisions  of  this  act,  be  applicable  to  the  sale  and 
redemption  of  property  for  delinquent  assessments  hereunder,  including 
the  issuance  of  certificates  and  execution  of  deeds.  The  deed  of  the 
street  superintendent,  made  after  such  sale,  in  case  of  failure  to  re- 
deem, shall  be  prima  facie  evidence  of  the  regularity  of  all  proceedings 
hereunder,  and  of  title  in  the  grantee.  The  superintendent  of  streets 
shall  from  time  to  time  pay  over  to  the  city  treasurer  all  moneys  col- 
lected by  him  on  account  of  any  such  assessments.  The  city  treasurer 
shall,  upon  receipt  thereof,  place  the  same  in  a  separate  fund,  designat- 
ing each  fund  by  the  name  of  the  street,  square,  lane,  alley,  court,  or 


Act  3930,  §§  50,  51  GENERAL  LAWS.  1312 

place  for  the  change  of  grade  for  which  the  assessment  was  made.  Pay- 
ments shall  be  made  from  said  fund  to  the  parties  entitled  thereto,  upon 
warrants  signed  by  the  commissioners  or  a  majority  of  them.  [Amend- 
ment approved  March  9,  1893.     Stats.  1893,  p.  93.] 

§  50.  When  sufficient  money  is  in  the  hands  of  the  city  treasurer,  in 
the  fund  voted  for  the  proposed  work  or  improvement,  to  pay  the  total 
cost  for  damages,  as  well  as  for  the  cost  of  doing  the  work,  and  all 
other  expenses  connected  therewith,  it  shall  be  the  duty  of  the  commis- 
sioners to  notify  the  owner,  possessor,  or  occupant  of  the  premises  dam- 
aged, and  to  whom  damages  have  been  awarded,  that  a  warrant  has 
been  drawn  for  the  payment  of  the  same,  which  can  be  received  at  the 
office  of  such  commissioners.  Such  notification  may  be  made  by  de- 
positing a  notice,  postage  paid,  in  the  postoffice,  addressed  to  his  last 
known  place  of  residence.  If,  after  the  expiration  of  three  days  after 
the  service  or  deposit  of  the  notice  in  the  postoffice,  he  shall  not  have 
applied  for  such  warrant,  the  same  shall  be  drawn  and  deposited  with 
the  city  treasurer,  to  be  delivered  to  him  upon  demand.  [Amendment 
approved  March  9,  1893.     Stats.  1893,  p.  94.] 

§51.  If  the  owner  of  any  premises  damaged  neglects  or  refuses,  for 
ten  days  after  the  warrant  has  been  placed  in  the  hands  of  the  city 
treasurer,  subject  to  his  demand,  to  accept  the  same,  the  city  council 
may  cause  proceedings  to  be  commenced,  in  the  name  of  the  city,  to 
condemn  said  premises,  as  provided  by  law  under  the  right  of  eminent 
domain.  The  ordinance  or  resolution  of  intention  shall  be  conclusive 
evidence  of  the  necessity  of  the  same.  Such  proceedings  shall  have  pre- 
cedence, so  far  as  the  business  of  the  court  will  permit,  and  any  judg- 
ment for  damages  therein  rendered  shall  be  payable  out  of  the  special 
fund  in  the  treasury  for  that  purpose.  At  any  time  after  the  trial  and 
judgment  entered,  or  pending  appeal,  the  court  may  order  the  city  treas- 
urer to  set  apart  in  the  city  treasury  a  sufficient  sum  from  said  fund  to 
answer  the  judgment,  and  thereupon  may  authorize  or  order  the  munici- 
pality to  proceed  with  the  proposed  work  or  improvements.  In  case  of 
a  deficiency  in  said  fund  to  pay  the  whole  assessed  judgment  and  dam- 
ages, the  city  council  may,  in  its  discretion,  order  the  balance  thereof 
to  be  paid  out  of  the  general  fund  of  the  treasury,  or  to  be  distributed 
by  the  commissioners  over  the  property  assessed  by  a  supplementary 
assessment;  but  in  the  last  named  case,  in  order  to  avoid  delay,  the 
city  council  may  advance  such  balance  out  of  any  available  fund  in  the 
treasury,  and  reimburse  the  same  from  the  collection  of  assessments. 
The  treasurer  shall  pay  such  warrants  in  the  order  of  their  presentation; 
provided,  that  warrants  for  damages  and  for  costs  of  performing  the 
work  shall  have  priority  over  warrants  for  charges  and  expenses,  and 
the  treasurer  shall  see  that  sufficient  money  remains  in  the  fund  to  pay 
all  warrants  of  the  first  class  before  paying  any  of  the  second.  The 
provisions  of  section  1251  of  the  Code  of  Civil  Procedure,  requiring  the 
payment  of  damages  within  thirty  days  after  the  entry  of  judgment, 
shall  not  apply  to  damages  rendered  in  proceedings  under  this  act. 
[Amendment  approved  March  9,  1893.     Stats.  1893,  p.  95.] 


1313  STREETS.  Act  8930.  8  §  52-56 

§  52.  All  other  provisions  contained  in  the  act  to  which  this  is  amenda- 
tory, and  which  provisions  are  not  in  conflict  herewith,  shall  apply  to  all 
matters  herein  contained.  All  proceedings  in  any  work  or  improvement, 
such  as  is  provided  for  in  this  act,  already  commenced  and  now  in 
progress  under  another  act  now  in  force,  or  by  virtue  of  an  ordinance 
or  resolution  of  intention  heretofore  passed,  may,  from  any  stage  of 
such  proceedings  already  commenced  and  now  in  progress,  be  continued 
under  this  act  by  resolution  of  the  city  council.  The  said  work  or 
improvement  may  then  be  conducted  under  the  provisions  of  this  act, 
with  full  force  and  effect  in  all  respects  from  the  stage  of  such  pro- 
ceedings at  and  from  which  such  resolution  or  ordinance  shall  declare 
the  intention  to  have  such  work  done  or  improvement  cease  under  such 
other  acts  or  ordinances  and  continued  under  this  act;  and  from  such 
election  so  made  all  proceedings  theretofore  had  are  hereby  ratified, 
confirmed,  and  made  valid,  and  it  shall  be  unnecessary  to  renew  or  con- 
duct over  again  any  proceedings  prior  to  the  passage  of  this  act. 
[Amendment  approved  March  9,  1893.     Stats.  1893,  p.  95.] 

§  53.  The  provisions  of  this  act  shall  be  liberally  construed  to  permit 
the  objects  thereof.  [Amendment  approved  March  9,  1893.  Stats.  1893, 
p.  96.] 

§§  54,  55.     No  sections  of  these  numbers. 

§  56.  When  the  work  prescribed  by  the  resolution  of  intention  is 
exclusively  sidewalk  or  curbing  work  with  or  without  such  grading  as  is 
incidentally  necessary  to  the  doing  of  such  sidewalk  or  curbing  work, 
and  no  proposals  or  bids  for  doing  the  work  are  delivered  to  the  clerk, 
as  invited  by  the  notice  inviting  the  same,  as  provided  for  in  section  5 
of  this  act,  the  city  council  may,  in  its  discretion,  by  a  vote  of  three- 
fourths  of  its  members  in  the  affirmative,  direct  that  a  proposal  or  bid  in 
the  name  and  on  the  part  of  the  city  be  filed,  whereupon  the  contract 
for  doing  the  work  shall  be  awarded  to  the  city,  and  the  city  shall  thus 
be  and  become  the  "contractor"  within  the  meaning  of  this  act.  And 
when  the  time  has  expired  within  which,  as  provided  in  said  section  5 
of  this  act  the  owners  may  elect  to  take  the  contract,  shall  have  ex- 
pired, and  such  owners  have  not  so  elected,  the  city  shall  be  deemed  to 
have  undertaken  to  do  and  complete  the  work,  at  the  price  named,  in 
such  bid  or  proposal,  within  ninety  days  after  the  time  when  as  afore- 
said it  is  to  be  deemed  to  have  undertaken  the  same,  and  to  begin 
such  work  within  fifteen  days  after  said  time.  The  city  need  not  enter 
into  a  contract  with  the  superintendent  of  streets,  as  provided  in  section 
6  of  this  act,  nor  give  any  cheek  or  bond  either  upon  bidding  or  to 
secure  the  performance  of  the  work  or  payment  for  labor  or  materials. 
The  warrant  provided  for  in  section  9  of  this  act  shall  be  delivered  to 
the  clerk  of  the  city  council,  and  such  clerk  is  hereby  authorized  to 
make  on  the  part  of  the  city  the  demand  provided  for  in  section  10  of 
this  act.  Except  as  in  this  section  expressly  provided  otherwise,  all  and 
singular  the  provisions  of  this  act  shall  apply  in  the  case  where  the 
city,  under  the  provisions  of  this  section,  becomes  the  contractor,  that  is 
Gen.  Laws — 83 


Act  3931  GENERAL   LAWS.  1814 

to  say,  undertakes  to  do  the  work.  And  all  the  rights,  dues  and  remedies 
of  the  "contractor,"  under  the  provisions  of  this  act,  shall  accrue  to  the 
city  in  its  character  of  one  undertaking  to  do  the  work,  as  provided  in 
this  section.  [New  section  approved  March  18,  1909.  Stats.  1909,  p. 
399.     In  effect  immediately.] 

ACT  3931. 

An  act  to  provide  for  laying  out,  opening,  extending,  widening,  straight- 
ening, diverting,  curving,  contracting,  or  closing  up,  in  whole  or  in 
part,  any  street,  square,  lane,  alley,  court,  or  place  within  municipalities 
or  cities  and  cities  and  counties  of  forty  thousand  inhabitants  or  over, 
and  to  condemn  and  acquire  any  and  all  land  and  property  necessary 
or  convenient  for  that  purpose. 

[Approved  March  23,  1893.     Stats.  ,1893,  p.  220.] 
The    code    commissioners   say    of    this   act:    "Probably   unconstitutional:    Darcy 
T.  Mayor  of  San  Jose,  104  Cal.  642;  Pasadena  v.  Stimson,  91  Cal.  258." 
Citations.      Cal.  140/360. 

§1.  Be  it  enacted:  Whenever  the  public  interest  or  convenience  may 
require,  the  city  council  of  any  municipality  or  cities  and  cities  and  counties, 
containing  over  forty  thousand  inhabitants,  shall  have  full  power  to  order, 
and  upon  the  petition  of  the  owners  of  a  majority  of  the  frontage  to 
be  taken  for  said  purpose  shall  order,  the  opening,  extending,  widening, 
straightening,  diverging,  curving,  contracting,  or  closing  up,  in  whole  or 
in  part,  of  any  street,  square,  lane,  alley,  court,  or  place  within  the 
bounds  of  such  city,  and  shall  condemn  and  acquire  any  and  all  lands 
necessary  or  convenient  for  that  purpose. 

§2.  Before  ordering  any  work  to  be  done  or  improvement  made,  which 
is  authorized  by  section  1  of  this  act,  the  city  council  shall  then  pass 
a.  resolution  declaring  the  intention  to  do  said  work,  describing  the  work 
or  improvement,  and  the  land  deemed  necessary  to  be  taken  therefor, 
and  specifying  the  exterior  boundaries  of  the  district  of  land  to  be 
affected  or  benefited  by  said  work  or  improvement,  and  be  assessed  to 
pay  the  damages,  cost,  and  expense  thereof. 

§  3.  The  street  superintendent  shall  then  cause  to  be  conspicuously 
posted  along  the  line  of  said  contemplated  work  or  improvement,  and 
not  more  than  three  hundred  feet  in  distance  apart,  but  not  less  than 
three  in  all,  notices  of  the  passage  of  said  resolution.  Said  notices  shall 
be  headed,  "Notice  of  Public  Work,"  in  letters  not  less  than  one  inch  in 
length,  shall  be  in  legible  characters,  state  the  fact  of  the  passage  of  the 
resolution,  its  date,  and,  briefly,  the  work  of  improvement  proposed,  and 
refer  to  the  resolution  for  further  particulars.  He  shall  also  cause  a 
notice  similar  in  substance  to  be  published  for  a  period  of  ten  days  in 
one  or  more  daily  newspapers  published  and  circulated  in  said  city,  and 
designated  by  said'  city  council;  or  if  there  is  no  daily  newspaper  so 
published  and  circulated  in  said  city,  then  by  four  successive  insertions 
in  a  weekly  or  semi-weekly  newspaper  so  published,  circulated,  and 
designated. 


1315  STREETS.  Act  3931,  §§  4-6 

§  4.  Any  person  through  whose  lands  said  proposed  street  extension 
runs,  or  who  will  be  damaged  or  affected  by  said  proposed  work,  may, 
within  ten  days  after  the  first  publication  of  said  notice,  file  with  the 
clerk  of  the  city  council  his  written  objections  thereto,  stating  in  what 
manner  and  to  what  extent  he  will  be  damaged,  which  objection  shall  be 
delivered  to  the  clerk  of  the  city  council,  who  shall  indorse  thereon  the 
date  of  its  reception  by  him,  and  at  the  next  meeting  of  the  city  coun- 
cil, after  the  expiration  of  said  ten  days,  lay  said  objections  before  said 
city  council,  which  shall  fix  a  time  for  hearing  said  objections,  not  less 
than  one  week  thereafter.  The  city  clerk  shall  thereupon  notify  the  persons 
making  such  objections  by  depositing  a  notice  thereof  in  the  postoffice  of 
said  city,  postage  prepaid,  addressed  to  such  objector. 

§5.  At  the  time  specified,  or  to  which  the  hearing  may  be  adjourned, 
the  city  council  shall  hear  the  objections  filed,  and  if  the  owners  of  a 
majority  of  the  frontage  of  all  lands  to  be  assessed  for  benefits,  as  said 
owners  appear  on  the  last  preceding  annual  assessment-roll  for  state  and 
county  taxes,  object,  in  writing,  to  said  proposed  opening,  extending,  and 
widening,  straightening,  diverging,  curving,  contracting,  or  closing  up 
of  said  street,  said  city  council  shall  sustain  said  objections,  and  all 
proceedings  therefor  shall  be  stopped  for  the  period  of  twelve  months. 
Proceedings  may  be  again  commenced  by  a  new  resolution  of  intention. 
If  the  owners  of  a  majority  of  the  frontage  of  all  streets  within  the 
assessment  district  do  not  object,  in  writing,  thereto,  within  the  time 
specified  in  this  act,  the  city  council  shall  be  deemed  to  have  acquired 
jurisdiction  to  order  any  of  the  work  to  be  done  or  improvements  to  be 
made  which  is  authorized  by  section  1  of  this  act. 

§  6.  Having  acquired  jurisdiction,  as  provided  in  the  preceding  sec- 
tion, the  city  council  shall  order  said  work  to  be  done,  and,  unless  the 
proposed  work  is  for  closing  up,  and  it  appears  that  no  assessment  is 
necessary,  shall  appoint  three  disinterested  persons,  who  shall  constitute 
a  board  of  commissioners  in  that  regard,  who  shall  have  full  supervision 
of  the  proposed  work  or  improvement  until  the  completion  thereof  in 
compliance  with  this  statute.  For  their  services  they  shall  each  receive, 
as  compensation,  not  to  exceed  five  dollars  for  every  day  of  actual  serv- 
ice; provided,  that  said  compensation  shall  not  be  paid  for  a  longer  term 
than  six  months  for  each  district,  unless  extended  by  the  council.  Such 
extension  shall  not  exceed  two  months  at  one  time,  nor  shall  the  term 
of  office  of  said  commissioners,  for  any  district,  continue  for  longer  than 
one  year.  Such  compensation  shall  be  added  to  and  be  chargeable  as  a 
part  of  the  expenses  of  the  work  of  improvement.  Each  of  said  com- 
missioners shall  file  with  the  clerk  of  the  city  council  an  affidavit  and 
a  bond  to  the  state  of  California,  in  the  sum  of  five  thousand  dollars, 
to  faithfully  perform  the  duties  of  his  office.  The  city  coaneil  may  at 
any  time  remove  any  or  all  of  said  commissioners  for  cause  upon  reason- 
able notice  and  hearing,  and  may  fill  any  vacancies  occurring  among  them 
for  any  cause.  At  the  end  of  the  terms  of  said  commissioners,  they  shall 
hand  over  all  unfinished  business  to  the  city  council,  who  shall  complete 


Act  3931,  §§  7-9  GENERAL  LAWS.  1318 

the  same.  In  all  municipalities  where  there  is  a  board  of  public  works, 
such  board  shall  constitute  the  board  of  commissioners  in  this  section 
provided  for,  and  shall  perform  the  duties  of  such  commissioners,  and 
their  salaries  as  members  of  the  board  of  public  works  shall  be  in  full 
compensation  for  such  services.  It  shall  be  the  official  duty  of  the  city 
attorney  to  render  said  commissioners  all  necessary  legal  services;  pro- 
vided, that  the  city  surveyor  shall,  for  any  work  or  services  which  he 
may  perform  by  the  direction  of  the  common  council  or  other  legislative 
department  of  the  city  government,  receive,  in  addition  to  his  salary 
allowed  by  law,  all  sums  which  he  may  lay  out,  pay  out,  or  expend  in  the 
prosecution  of  said  work,  for  materials  or  labor  necessarily  therein  by 
him  employed. 

§7.  Said  commissioners  shall  have  an  office  assigned  to  them  by  the 
city  council,  in  the  city  hall,  and  shall  have  power  to  employ  a  secretary, 
at  a  salary  not  to  exceed  one  hundred  and  fifty  dollars  per  month,  and 
such  other  clerical  assistance  as  shall  be  provided  them  by  the  city  coun- 
cil, the  salaries  and  fees  of  whom  shall  be  established  and  fixed  by  said 
city  council. 

§8.  All  such  charges  and  expenses  shall  be  deemed  as  expenses  of 
said  work  of  improvement,  and  be  a  charge  only  upon  the  funds  devoted 
to  the  particular  work  or  improvement  as  provided  hereinafter.  All  pay- 
ments, as  well  for  the  land  and  improvements  taken  or  damaged,  and  for 
the  charges  and  expenses,  shall  be  paid  by  the  city  treasurer,  upon  war- 
rants drawn  upon  said  fund  from  time  to  time,  signed  by  said  commis- 
sioners, or  a  majority  of  them.  All  such  warrants  shall  state  whether 
they  are  issued  for  land  or  improvements  taken  or  damaged,  or  for 
charges  and  expenses,  and  that  the  demand  is  only  payable  out  of  the 
money  in  said  fund,  and  in  no  event  shall  the  city  be  liable  for  the 
failure  to  collect  any  assessment  made  by  virtue  hereof,  nor  shall  said 
warrant  be  payable  out  of  any  other  fund,  nor  a  claim  against  the 
city. 

§  9.  Said  commissioners  shall  proceed  to  view  the  lands  described  in 
the  resolution  of  intention,  and  may  examine  witnesses  on  oath,  to  be 
administered  by  any  of  them.  Having  viewed  the  land  to  be  taken,  and 
the  improvements  affected,  and  considered  the  testimony  presented,  they 
shall  proceed  with  all  diligence  to  determine  the  value  of  the  land,  and 
the  damage  to  improvement  and  property  affected,  and  also  the  amount 
or  the  expenses  incident  to  said  work  or  improvement,  and  having  deter- 
mined the  same,  shall  proceed  to  assess  the  same  upon  the  lands  described 
in  said  district  herein  provided.  The  lands  fronting  on  said  extension  or 
widening  shall  only  be  assessed  to  the  depth  of  one  hundred  and  twenty 
feet,  or  the  full  depth  of  the  lots,  not  exceeding  one  hundred  and  fifty 
feet;  and  said  lands  shall  be  assessed  with  reference  to  the  amount  of 
grading  to  be  done,  and  their  location  on  the  grades  of  said  street  or  im- 
provement; and  the  expenses  of  grading  said  lots  or  lands,  whether  filling 
or  cutting  shall  be  necessary  to  place  them  on  the  grade  of  said  street 


HIT  STREETS.  Act  3931,  §§  10-14 

or  improvement,  shall  be  estimated  in  determinirg  the  value  of  the  land, 
and  the  damage  to  the  improvement  and  property  affected. 

§  10.  Said  commissioners,  having  made  their  assessment  of  benefits 
and  damage,  shall,  with  all  diligence,  make  a  written  report  thereof,  to 
the  city  council,  and  shall  accompany  their  report  with  a  plat  showing 
the  land  taken,  or  about  to  be  taken,  for  the  work  or  improvement,  and 
the  lands  assessed,  showing  the  relative  location  of  tach  district,  block, 
lot,  or  portion  of  lot,  and  its  dimensions,  so  far  as  the  commissioners  can 
reasonably  ascertain  the  same.  Each  block  and  lot,  or  portion  of  lot, 
taken  or  assessed,  shall  be  designated  and  described  in  said  plat  'sy  an 
appropriate  number,  and  reference  to  it  by  such  descriptive  number  shall 
be  a  sufficient  description  of  it  in  any  suit  entered  to  condemn  and  in  all 
respects.  When  the  report  and  plat  are  approved  by  the  city  council,  a 
copy  of  said  plat,  appropriately  designated,  shall  be  filed  by  the  clerk 
thereof  in  the  office  of  the  recorder  of  the  county, 

§11.  Said  report  shall  specify  each  lot,  subdivision,  or  piece  of  prop- 
erty taken  or  injured  by  the  widening  or  other  improvement,  or  assessed 
therefor,  together  with  the  name  of  the  owner  or  claimant  thereof,  or  of 
persons  interested  therein  as  lessees,  encumbrancers,  or  otherwise,  so  far 
as  the  same  are  known  to  such  commissioners,  and  the  particulars  of  their 
interests,  so  far  as  the  same  can  be  ascertained,  and  the  amount  of  value 
or  damage,  or  the  amount  assessed,  as  the  case  may  be. 

§  12.  If  in  any  case  the  commissioners  find  conflicting  claims  of  title 
exist,  or  shall  be  in  ignorance  or  doubt  as  to  the  ownership  of  any  lot 
of  land,  or  of  any  improvements  thereon,  or  any  interest  therein,  it  shall 
be  set  down  as  belonging  to  unknown  owners.  Error  in  the  designation 
of  the  owner  or  owners  of  any  land  or  improvements,  or  of  the  particulars 
of  their  interest,  shall  not  affect  the  validity  of  the  assessment  or  the 
condemnation  of  the  property  to  be  taken. 

§  13.  Said  report  and  plat  shall  be  filed  in  the  clerk's  office  of  the  city 
council,  and  thereupon  the  clerk  of  said  city  council  shall  give  notice 
of  such  filing  by  publication  for  at  least  ten  days  in  one  or  more  daily 
newspapers  published  and  circulated  in  said  city;  or  if  there  be  no  daily 
newspaper,  by  three  successive  insertions  in  a  weekly  or  semi-weekly 
newspaper  so  published  and  circulated.  Said  notice  shall  also  require 
all  persons  interested  to  show  cause,  if  any,  why  such  report  should  not 
be  confirmed,  before  the  city  council,  on  or  before  a  day  fixed  by  the 
clerk  thereof,  and  stated  in  said  notice,  which  day  shall  be  not  less  than 
thirty  days  from  the  first  publication  thereof. 

§  14.  All  objections  shall  be  in  writing,  and  filed  with  the  clerk  of 
the  city  council,  who  shall,  at  the  next  meeting  after  the  day  fixed  in  the 
notice  to  show  cause,  lay  the  said  objections,  if  any,  before  the  city 
council,  which  shall  fix  a  time  for  hearing  the  same,  of  which  the  clerk 
shall  notify  the  objectors  in  the  same  manner  as  objectors  to  the  original 
resolution  of  intention.     At  the  time  set,  or  at  such  other  time  as  the 


Act  3931,  15  15,  16  GENERAL  LAWS.  1318 

hearing  may  be  adjourned  to,  the  city  council  shall  hear  such  objections 
and  pass  upon  the  same;  and  at  such  time,  or  if  there  be  no  objections 
at  the  first  meeting  after  the  day  set  in  such  order  to  show  cause,  or 
such  other  time  as  may  be  fixed,  shall  proceed  to  pass  upon  such  report, 
and  may  confirm,  correct  or  modify,  or  may  sustain  the  objections  thereto 
and  order  the  commissioners  to  make  a  new  report,  assessment,  and  plat, 
which  in  either  case  shall  be  filed,  and  notice  given  and  hearing  had,  as 
in  the  case  of  the  original  report;  but  no  report,  or  plat,  or  assessment 
shall  be  filed  by  said  commissioners  after  the  expiration  of  ten  months 
after  their  appointment. 

§  15.  The  clerk  of  said  city  council  shall  forward  to  the  street  super- 
intendent of  the  city  a  certified  copy  of  the  report,  assessment,  and  plat 
as  finally  confirmed  and  adopted  by  the  city  council.  Such  certified  copy 
shall  thereupon  be  the  assessment-roll,  and  thirty  days  after  such  filing 
shall  bcome  a  lien  on  the  property  assessed  therein,  for  its  proportion 
of  the  costs  of  said  improvement  as  hereinbefore  provided. 

§  16.  The  superintendent  of  streets  shall  thereupon  give  notice  by 
publication  for  ten  days  in  two  daily  newspapers  published  and  cir- 
culated in  said  city  and  county,  or  by  two  successive  insertions  in  a 
weekly  or  seiwi-weekly  newspaper  so  published  and  circulated,  that  he  has 
received  said  assessment-roll,  and  that  all  sums  levied  and'  assessed  in 
said  assessment-roll  are  due  and  payable  immediately,  and  that  the  pay- 
ment of  said  sums  is  to  be  made  to  him  within  thirty  days  from  the  date 
of  the  first  publication  of  said  notice.  Said  notice  shall  also  contain  a 
statement  that  all  assessments  not  paid  before  the  expiration  of  said 
thirty  days  will  be  declared  to  be  delinquent,  and  that  thereafter  the 
sum  of  five  per  cent  upon  the  amount  of  each  delinquent  assessment,  to- 
gether with  the  cost  of  advertising  each  delinquent  assessment,  will  be 
added  thereto.  When  payment  of  any  assessment  is  made  to  said  super- 
intendent of  streets,  he  shall  write  the  word  "Paid"  and  the  date  of  pay- 
ment opposite  the  respective  assessments  so  paid,  and  the  names  of  per- 
sons by  or  for  whom  said  assessment  is  paid,  and  shall,  if  so  required, 
give  a  receipt  therefor.  On  the  expiration  of  said  thirty  days,  all  assess- 
ments then  unpaid  shall  be  and  Isecome  delinquent,  and  said  superin- 
tendent of  streets  shall  certify  such  fact  at  the  foot  of  said  assessment- 
roll,  and  shall  add  five  per  cent  to  the  amount  of  each  assessment  so 
delinquent.  The  said  superintendent  of  streets  shall,  within  five  days 
from  the  date  of  said  delinquency,  proceed  to  advertise  and  collect  the 
various  sums  delinquent  and  the  whole  thereof,  including  the  cost  of 
advertising,  which  last  shall  not  exceed  the  sum  of  fifty  cents  for  each 
lot,  piece,  or  parcel  of  land  separately  assessed,  by  the  sale  of  the  assessed 
property  in  the  same  manner  as  is  or  may  be  provided  for  the  collection 
of  state  and  county  taxes;  and  after  the  date  of  said  delinquency,  and 
before  the  time  of  said  sale  herein  provided  for,  no  assessment  shall  be 
received  unless  at  the  same  time  the  five  per  cent  added  thereto,  as  afore- 
said, together  with  the  cost  of  advertising  then  already  incurred,  shall 
be  paid  therewith.     Said  list  of  delinquent  assessments  shall  be  published 


i 


1319  STREETS.  [ict  3931,  §§  17,  18 

daily  for  five  days  in  one  or  more  daily  newspapers  published  and  cir- 
culated in  such  city,  or  by  at  least  one  insertion  in  a  weekly  newspaper 
80  published  and  circulated,  before  the  day  of  sale  of  such  delinquent 
assessment.  Said  time  of  sale  must  not  be  less  than  seven  days  from  the 
date  of  the  first  publication  of  said  delinquent  assessment-list,  and  the 
place  must  be  in  or  in  front  of  the  office  of  said  superintendent  of  streets. 
All  property  sold  shall  be  subject  to  redemption  in  the  same  time  and 
manner  as  in  sales  for  delinquent  state  and  county  taxes;  and  the  super- 
intendent of  streets  may  collect  for  each  certificate  fifty  cents,  and  for 
each  deed  one  dollar.  AH  provisions  of  the  law  in  reference  to  the  sale 
and  redemption  of  property  for  delinquent  state  and  county  taxes  in 
force  at  any  given  time  shall  also  then,  so  far  as  the  same  are  not  in 
conflict  with  the  provisions  of  this  act,  be  applicable  to  the  sale  and  re- 
demption of  property  for  delinquent  assessments  hereunder,  including  the 
issuance  of  certificates  and  the  execution  of  deeds.  The  deed  of  the 
street  superintendent  made  after  such  sales,  in  case  of  failure  to  redeem, 
shall  be  prima  facie  evidence  of  the  regularity  of  all  proceedings  here- 
under and  of  title  in  the  grantee.  It  shall  be  conclusive  evidence  of  the 
necessity  of  taking  or  damaging  the  lands  taken  or  damaged,  and  of  the 
correctness  of  the  compensation  awarded  therefor.  The  superintendent 
of  streets  shall,  from  time  to  time,  pay  over  to  the  city  treasurer  all 
moneys  collected  by  him  on  account  of  any  such  assessments.  The  city 
treasurer  shall,  upon  receipt  thereof,  place  the  same  in  a  separate  fund, 
designating  such  fund  by  the  name  of  the  street,  square,  lane,  alley,  court,  or 
place  for  the  widening,  opening,  or  other  improvement  of  which  the  as- 
sessment was  made.  Payments  shall  be  made  from  said  fund  to  the 
parties  entitled  thereto,  upon  warrants  signed  by  the  commissioners,  or  a 
majority  of  them. 

§  17.  When  sufiicient  money  is  in  the  hands  of  the  city  treasurer,  in 
the  fund  devoted  to  the  proposed  work  or  improvement,  to  pay  for  the 
land  or  improvements  taken  or  damaged,  and  when,  in  the  discretion  of 
the  commissioners,  or  a  majority  of  them,  the  time  shall  have  come  to  make 
payments,  it  shall  be  the  duty  of  the  commissioners  to  notify  the  owner,  pos- 
sessor, or  occupant  of  any  land  or  improvements  thereon  to  whom  damages 
shall  have  been  awarded  that  a  warrant  has  been  drawn  for  the  payment  of  the 
same,  and  that  he  can  receive  such  warrant  at  the  office  of  such  commissioners, 
upon  tendering  a  conveyance  of  any  property  to  be  taken;  such  a  notifi- 
cation, except  in  the  case  of  unknown  owners,  to  be  made  by  depositing  a 
notice,  postage  paid,  in  the  postoffiee,  addressed  to  his  last  known  place 
of  abode  or  residence.  If,  at  the  expiration  of  thirty  days  after  the 
deposit  of  such  notice,  he  should  not  have  applied  for  such  warrant  and 
tendered  a  conveyance  of  the  land  to  be  taken,  the  warrant  so  drawn  shall 
be  deposited  with  the  county  treasurer,  and  shall  be  delivered  to  such 
owner,  possessor,  or  occupant,  upon  tendering  a  conveyance  as  aforesaid, 
unless  judgment  of  condemnation  shall  be  had,  when  the  same  shall  be 
canceled. 

§  18.  If  any  owner  of  land  to  be  taken  neglects  or  refuses  to  accept 
the  warrant  drawn  in  his  favor,  as  aforesaid,  or  objects  to  the  report  as 


Act  3931,  §§  19-21  GENERAL  LAWS.  1320 

to  the  necessity  of  taking  his  land,  the  commissioners,  with  the  approval 
of  the  city  council,  may  cause  proceedings  to  be  taken  for  the  condemna- 
tion thereof,  as  provided  by  law  under  the  right  of  eminent  domain. 
The  complaint  may  aver  that  it  is  necessary  for  the  city  to  take  or  dam- 
age and  condemn  the  said  lands,  or  an  easement  therein,  as  the  case  may 
be,  without  setting  forth  the  proceedings  herein  provided  for,  and  the 
resolution  and  ordinance  ordering  said  work  to  be  done  shall  be  con- 
clusive evidence  of  such  necessity.  Such  proceedings  shall  be  brought  in 
the  name  of  the  municipality,  and  have  precedence,  so  far  as  the  busi- 
ness of  the  court  will  permit;  and  any  judgment  for  damages  therein 
rendered  shall  be  payable  out  of  such  portion  of  the  special  fund  as  may 
remain  in  the  treasury,  so  far  as  the  same  can  be  applied.  At  any  time 
after  trial  and  judgment  entered,  or  preceding  an  appeal,  the  court  may 
order  the  city  treasurer  to  set  apart  in  the  city  treasury  a  sufficient  sum 
from  the  fund  appropriated  to  the  particular  improvement,  to  answer  the 
judgment  and  all  damages,  and  thereupon  may  authorize  and  order  the 
municipality  to  enter  upon  the  land  and  proceed  with  the  proposed 
work  and  improvement.  In  case  of  a  deficiency  in  said  fund  to  pay  the 
whole  of  said  judgment  and  damages,  the  city  council  shall  order  the 
balance  thereof  to  be  paid  out  of  the  general  fund  of  the  treasury. 

§  19.  The  treasurer  shall  pay  such  warrants  out  of  the  appropriate 
fund,  and  not  otherwise,  in  the  order  of  their  presentation;  provided,  that 
warrants  for  land  or  improvements  taken  or  damaged  shall  have  priority 
over  warrants  for  charges  and  expenses,  and  the  treasurer  shall  see  that 
sufficient  money  is  and  remains  in  the  fund  to  pay  all  warrants  of  the 
first  class  before  paying  any  of  the  second, 

§  20.  If  any  title  attempted  to  be  acquired  by  virtue  of  this  act  shall 
be  found  to  be  defective  from  any  cause,  the  city  council  may  again  in- 
stitute proceedings  to  acquire  the  land  as  in  this  act  provided,  or  other- 
wise, or  may  authorize  the  commissioners  to  purchase  the  same,  and  in- 
clude the  cost  thereof  in  a  supplementary  assessment  as  provided  in  the 
last  section. 

§  21.  1.  The  words  "work"  and  "improvement,"  as  used  in  this  act,  shall 
include  all  work  mentioned  in  section  1  of  this  act. 

2.  In  case  there  is  no  daily  or  weekly  or  semi-weekly  newspaper 
printed  and  circulated  in  the  city,  then  such  notices  as  are  herein  re- 
quired to  be  published  in  a  newspaper  shall  be  posted  and  kept  posted 
for  the  length  of  time  required  herein  for  the  publication  of  the  same  in 
a  weekly  newspaper,  in  three  of  the  most  public  places  in  such  city. 
Proof  of  the  publication  of  posting  of  any  notice  provided  for  herein 
shall  be  made  by  affidavit  of  the  owner,  publisher,  or  clerk  of  the  news- 
paper, or  of  the  poster  of  the  notice. 

3.  The  word  "municipality"  and  the  word  "city"  shall  be  understood 
and  so  construed  as  to  include  all  corporations  heretofore  organized  and 
now  existing,  or  hereafter  organized,  for  municipal   purposes. 

4.  The  terms  "street  superintendent"  and  "superintendent  of  streets," 
as  used  in  this  act,  shall  be  understood  and  so  construed  as  to  include. 


1821  STREETS.  Act  3931,  §§  22,  23 

and  are  hereby  declared  to  include,  any  person  or  officer  whose  duty  it  is, 
under  the  law,  to  have  the  care  or  charge  of  the  streets,  or  the  improvement 
thereof,  in  any  city.  In  all  those  cities  where  there  is  no  street  superin- 
tendent or  superintendent  of  streets,  the  city  council  thereof  is  hereby 
luithorized  and  empowered  to  appoint  a  suitable  person  to  discharge  the 
duties  herein  laid  down  as  those  of  street  superintendent  or  superintend- 
ent of  streets,  and  all  the  provisions  hereof  applicable  to  the  street 
superintendent  or  superintendent  of  streets  shall  apply  to  such  persons 
so  appointed. 

5.  The  term  "city  council"  is  hereby  declared  to  include  any  body  or 
board  which,  under  the  law,  is  the  legislative  department  of  the  govern- 
ment of  any  city. 

6.  The  term  "clerk"  and  "city  clerk,",  as  used  in  this  act,  is  hereby 
declared  to  include  any  person  or  officer  who  shall  be  clerk  of  said  city 
council. 

7.  The  term  "treasurer"  or  "city  treasurer,"  as  used  in  this  act,  shall 
include  anj"^  person  or  officer  who  shall  have  charge  and  make  payment 
of  the  city  funds. 

§  22.  The  mayor,  tax  collector,  and  city  or  city  and  county  attorney, 
as  the  case  may  be,  of  all  municipalities  wherein  there  is  existing  at  the 
passage  of  this  act  any  commission  appointed  for  the  opening,  extending, 
or  widening  of  streets  under  the  provision  of  said  act  of  March  sixth, 
eighteen  hundred  and  eighty-nine,  and  which  commission  is  not  within 
the  proviso  of  section  23  of  this  act,  are  hereby  constituted  a  board  of 
audit,  whose  duty  it  shall  be,  upon  petition  of  said  commission,  to  care- 
fully examine  all  the  accounts,  bills,  and  expenditures,  made  or  con- 
tracted for  by  said  commission,  including  the  salaries  of  the  said  commis- 
sioners; and  said  board  of  audit,  or  a  majority  of  its  members,  is  hereby 
authorized  to  audit  and  allow  such  amounts  as  it  shall  find  to  be  just  and 
reasonable,  and  report  said  amounts,  with  the  items  thereof  and  to  whom 
payable,  to  the  city  council.  Said  report  shall  be  final  and  conclusive  as 
to  said  amounts.  The  city  council  is  authorized  to  pass  and  allow  and 
order  paid  to  each  of  the  persons  entitled  thereto,  the  amounts  so  found 
to  be  due,  in  the  same  manner  as  claims  and  demands  against  such 
municipality  are  passed,  allowed,  and  ordered  paid.  The  payment  of  said 
amounts  shall  be  provided  for  in  the  tax  levy  thereafter  made  by  said 
city  council,  and  when  said  taxes  are  collected  the  said  amounts  shall  be 
paid  out  of  the  general  fund  of  said  municipality  in  the  same  naanner  as 
other  claims  and  demands  are  paid. 

§  23.  The  act  approved  March  sixth,  eighteen  hundred  and  eighty- 
nine,  entitled  "An  act  for  opening,  widening,  and  extending  streets,"  etc., 
after  the  passage  of  this  act,  shall  not  apply  to  any  city  or  city  and 
county  having  a  population  of  forty  thousand  inhabitants  or  over;  but 
as  to  any  city  or  city  and  county  having  a  population  of  forty  thousand 
or  over  said  act  shall  not  apply;  but  said  cities  and  cities  and  counties 
shall  be  subject  only  to  the  provisions  of  this  act  in  all  matters  embraced 
within  the  purview  of  this  act;  provided,  however,  that  the  present 
city    council    or    other    governing    body    of    any    municipality    of    forty 


A.ct  3932  GENERAL  LAWS.  1322 

thousand  inhabitants  or  over  shall  have  power,  by  a  three-fourths  vote 
of  its  members,  to  extend  the  life  of  any  existing  commission  until  its 
work  shall  have  been  completed  as  in  said  act  provided;  but  in  all  other 
cases  in  cities  or  cities  and  counties  of  forty  thousand  inhabitants  or 
Over,  the  assessments,  plats,  and  reports  filed  by  said  commissioners  are 
declared  to  be  null  and  void,  and  all  moneys  collected  under  the  pro- 
visions of  said  act  shall  be  refunded  to  the  persons  from  whom  the  same 
were  collected,  in  the  same  manner  as  taxes  which  have  been  twice  col- 
lected, and  the  said  commissioners  are  hereby  removed  from  office; 
provided  further,  however,  that  in  case  of  the  lands  necessary  to  widen 
or  open  any  street,  there  shall  have  been  actually  purchased  and  con- 
veyed to  the  municipality,  under  the  provisions  of  said  act  of  March 
sixth,  eighteen  hundred  and  eighty-nine,  more  than  one-half  of  the  land 
necessary,^  f or  said  improvements,  as  shown  by  the  report  and  plat  on 
file,  then  s'aid  streets,  and  the  improvement  thereof,  shall  not  be  affected 
by  this  act,  but  the  same  shall  be  completed  as  commenced. 

§  24.  This  act  shall  be  liberally  construed,  to  promote  the  objects 
thereof. 

This  act  shall  take  effect  and  be  in  force  from  the  time  of  its  passage. 

ACT  3932. 

An  act  to  provide  a  system  of  street  improvement  bonds  to  represent 
certain  assessments  for  the  cost  of  street  work  and  improvement 
•within  municipalities,  and  also  for  the  payment  of  such  bonds. 

[Approved  February  27,   1893.     Stats.   1893,  p.  33.] 
Amended  1899,  p.  40. 

Citations.  Cal.  106/158;  126/444,  446,  448;  130/211,  213,  214;  138/123, 
125;    144/379;    146/356,    368,    374;    154/7,    7.      App.    3/664,    665. 

"Amended  1899,  p.  40.  Unconstitutional,  in  so  far  as  it  undertakes  to  make 
the  bonds,  conclusive  evidence.  (Ramish  v.  Hartwell,  126  Cal.  443;  Chase  v. 
Trout,  146  Cal.  350,  356).  See  also  German  Savings  etc.  Society  ▼.  Ramish, 
138  Cal.  120." — Code  Commissioners'   Note. 

§  1.  Wherever  in  this  act  the  phrase  "street  work  act"  is  used,  it 
means,  and  shall  be  taken  to  mean,  the  act  entitled  "An  act  to  provide 
for  work  upon  streets,  lanes,  alleys,  courts,  places,  and  sidewalks,  and 
for  construction  of  sewers  within  municipalities,"  approved  March  eight- 
eenth, eighteen  hundred  and  eighty-five,  and  all  acts  amendatory  thereof 
or  supplementary  thereto;  and  wherever  in  this  act  the  name  of  any 
municipal  body  or  officer  is  used,  or  any  word  or  phrase  is  used  which 
is  not  herein  expressly  defined,  it  means  and  shall  be  taken  to  mean 
such  municipal  body  or  officer,  or  word  or  phrase,  as  the  same  is  expressly 
defined  in  said  street  work  act,  and  in  all  acts  amendatory  thereof  or 
supplementary  thereto. 

§  2.  Whenever  the  city  council  of  any  municipality  in  this  state  shall 
find,  upon  estimates  of  the  city  engineer,  that  the  cost  of  any  proposed 
work  or  improvement  authorized  by  said  street  work  act  will  be  greater 


1323  STREETS.  Act  3932,  5§  3,  4 

than  fifty  cents  per  front  foot  along  each  line  of  the  street  so  proposed 
to  be  improved,  including  the  cost  of  intersection  work  assessable  upon 
said  frontage,  it  shall  have  the  power,  in  its  discretion,  to  determine  that 
serial  bonds  shall  be  issued  to  represent  the  cost  of  said  work  or  im- 
provement, in  the  manner  and  form  hereinafter  provided.  Said  serial 
bonds  shall  extend  over  a  period  not  to  exceed  ten  years  from  their 
date,  and  an  even  annual  proportion  of  the  principal  sum  thereof  shall 
be  payable,  by  coupon,  on  the  second  day  of  January  every  year  after 
their  date,  until  the  whole  is  paid,  and  the  interest  shall  be  payable 
semi-annually,  by  coupon,  on  the  second  days  of  January  and  Jul}',  re- 
spectively, of  each  year,  at  the  rate  of  not  to  exceed  ten  per  cent  per 
annum  on  all  sums  unpaid,  until  the  whole  of  said  principal  and  interest 
are  paid.  Said  bonds  and  interest  thereon  shall  be  paid  at  the  office 
of  the  city  treasurer  of  said  municipality,  who  shall  keep  a  fund  desig- 
nated by  the  name  of  said  bonds,  into  which  he  shall  receive  all  sums 
paid  him  for  the  principal  of  said  bonds  and  the  interest  thereon,  and 
from  which  he  shall  disburse  such  sums,  upon  the  presentation  of  said 
coupons;  and  under  no  circumstances  shall  said  bonds  or  the  interest 
thereon  be  paid  out  of  any  other  fund.  Said  city  treasurer  shall  keep  a 
register  in  his  office,  which  shall  show  the  series,  number,  date,  amount, 
rate  of  interest,  payee  and  indorsees  of  each  bond,  and  the  number  and 
amount  of  each  coupon  or  principal  or  interest  paid  by  him,  and  shall 
cancel  and  file  each  coupon  so  paid.  [Amended  March  2,  1899.  Stats. 
1899,  p.  40.] 

§  3.  When  said  city  council  shall  determine  that  serial  bonds  shall 
be  issued  to  represent  the  expenses  of  any  proposed  work  or  improvement 
under  said  street  work  act,  it  shall  so  declare  in  the  resolution  of  inten- 
tion to  do  said  work,  and  shall  specify  the  rate  of  interest  which  they 
shall  bear.  The  like  description  of  said  bonds  shall  be  inserted  in  the 
resolution  ordering  the  work,  in  the  resolution  of  award,  and  in  all 
notices  of  said  proceedings  required  by  said  street  work  act  to  be  either 
posted  or  published;  and  also  a  notice  that  a  bond  will  issue  to  repre- 
sent each  assessment  of  twenty-five  dollars  or  more  remaining  unpaid 
for  thirty  days  after  the  date  of  the  warrant,  or  five  days  after  the 
decision  of  said  council  upon  an  appeal,  and  describing  the  bonds,  shall 
be  included  in  the  warrant  provided  for  in  section  9  of  said  street  work 
act.     [Amended  March  2,  1899.     Stats.  1899,  p.  40.] 

§  4.  After  the  full  expiration  of  thirty  days  from  the  date  of  the 
warrant,  or  if  an  appeal  be  taken  to  the  city  council,  as  provided  in 
section  11  of  said  street  work  act,  then  five  days  after  the  final  decision 
of  said  council,  and  after  the  street  superintendent  shall  have  recorded 
the  return,  as  provided  in  section  10  of  the  same  act,  the  street  super- 
intendent shall  make  and  certify  to  the  city  treasurer  a  complete  list 
of  all  assessments  unpaid,  which  amount  to  twenty-five  dollars  or  over, 
apon  any  assessment  or  diagram  number;  and  said  treasurer  shall  there- 
upon make  out,  sign,  and  issue  to  the  contractor,  or  his  assigns,  payee 
of  the  warrant  and  assessment,  a  separate  bond,  representing  upon  each 


Act  3932,  S  4  GENERAL  LAWS.  1324 

lot  or  parcel  of  land  upon  said  list  the  total  amount  of  the  assessments 
against  the  same,  as  thereon  shown.  And  if  said  lot  or  parcel  of  land 
is  described  upon  said  assessment  and  diagram  by  its  number  or  block, 
or  both,  and  is  also  designated  by  its  number  or  block,  or  both,  upon  the 
official  map  of  said  municipality,  or  upon  any  map  on  file  in  the  office 
of  the  county  recorder  of  the  county  in  which  said  municipality  is  situ- 
ated, then  it  shall  be  in  said  bond  a  sufficient  description  of  said  lot 
or  parcel  of  land  to  designate  it  by  said  number  or  block,  or  both,  as 
it  appears  on  said  official  or  recorded  map. 

Said  bond  shall  be  substantially  in  the  following  form: 

Street  Improvement  Bond. 

Series  (designating  it),  in  the  city  (or  other  form  of  the  municipal- 
ity)  of   (naming  it). 

$ To*  No. . 

Under  and  by  virtue  of  an  act  of  the  legislature  of  the  state  of  Cali- 
fornia (title  of  said  act),  I,  out  of  the  fund  for  the  above  designated 

street  improvement  bonds,   series  ,  will   pay  to  ,  or   order,   the 

sum  of  dollars  ($ )   with  interest  at  the  rate  of  per  cent 

per  annum,  all  as  is  hereinafter  specified,  and  at  the  office  of  the  

treasurer  of  the  of  ,  state  of  California.     This  bond  is  issued 

to  represent  the  cost  of  certain  street  work  upon  ,  in  the  of 

,  as  the  same  is  more  fully  described   in   assessment  number  , 

issued  by   the   street   superintendent  of   said  ,   after  his   acceptance 

of  said  work,  and  recorded  in  his  office.  Its  amount  is  the  amount 
assessed  in  said  assessment  against  the  lot  or  parcel  of  land  numbered 

therein,    and    in    the    diagram    attached    thereto,    as    number    ,    and 

which  now  remains  unpaid,  but  until  paid,  with  accrued  interest,  is  a 
first  lien  upon  the  property  affected  thereby,  as  the  same  is  described 
herein,  and  in  said  recorded  assessment  with  its  diagram,  to  wit:  the 
lot  or  parcel  of  land  in  said  of  ,  county  of ,  state  of  Cali- 
fornia,   . 

This  bond  is  payable  exdlusively  from  said  fund,  and  neither  the 
municipality  nor  any  officer  thereof  is  to  be  holden  for  payment  other- 
wise of  its  principal  or  interest.     The  term  of  this  bond  is  years 

from  its  date,  and  at  the  expiration  of  said  time  the  whole  sum  then 
unpaid  shall  be  due  and  payable;  but  on  the  second  day  of  January  of 
each  year  after  its  date  an  even  annual  proportion  of  its  whole  amount 
is  due  and  payable,  upon  presentation  of  the  coupon  therefor,  until  the 

whole  is  paid,  with  all  accrued  interest  at  the  rate  of  per  centum 

per  annum. 

The  interest  is  payable  semi-annually,  to  wit:  on  the  second  days  of 
January  and  of  July  in  each  year  hereafter,  upon  presentation  of  the 
coupons   therefor,   the   first   of   which   is   for   the   interest   from   date   to 

the   next   second   day   of  ,   and   thereafter   the   interest   coupons   are 

for  semi-annual  interest,  except  the  last,  which  is  for  interest  from  the 
gemi-annual  payment  next  preceding  and  to  the  date  of  the  final  maturity 
of  this  bond. 


1325  STREETS.  Act  3932,  §  4 

Should  default  be  made  in  the  annual  payment  upon  the  principal,  or 
in  any  payment  of  interest  from  the  owner  of  said  lot  or  parcel  of  land, 
or  any  one  in  his  behalf,  the  holder  of  this  bond  is  entitled  to  declare 
the  whole  unpaid  amount  to  be  due  and  payable,  and  to  have  said  lot 
or  parcel  of  land  advertised  and  sold  forthwith,  in  the  manner  provided 
by  law. 

At  said  of  this  day  of  ,  in  the  year  one  thousand 

hundred  and 

City  treasurer  of  the  of  . 

Provided,  that  in  case  the  amount  of  unpaid  assessments  upon  any  lot 
or  parcel  of  land  shall  be  less  than  twenty-five  dollars,  then  the  same 
shall  be  collected  as  is  hereinbefore  provided  in  part  one  of  said  street 
work  act. 

Provided,  also,  that  if  any  person,  or  his  authorized  agent,  shall  at 
any  time  before  the  issuance  of  the  bond  for  said  assessment  upon  his 
lot  or  parcel  of  land  present  to  the  city  treasurer  his  afiS.davit,  made 
before  a  competent  officer,  that  he  is  the  owner  of  a  lot  or  parcel  of 
land  in  said  list,  accompanied  by  the  certificate  of  a  searcher  of  records 
that  he  is  such  owner  of  record,  and  with  such  affidavit  and  certificate 
such  person  notifies  said  treasurer  in  writing  that  he  desires  no  bond 
to  be  issued  for  the  assessments  upon  said  lot  or  parcel  of  land,  then 
no  such  bond  shall  be  issued  therefor,  and  the  payee  of  the  warrant,  or 
his  assigns,  shall  retain  his  right  for  enforcing  collection  as  if  said 
lot  or  parcel  of  land  had  not  been  so  listed  by  the  street  superintend- 
ent. 

The  bonds  so  issued  by  said  treasurer  shall  be  payable  to  the  party  to 
whom  they  issue,  or  order,  and  shall  be  serial  bonds,  as  is  hereinbefore 
described,  and  shall  bear  interest  at  the  rate  specified  in  the  resolution 
of  intention  to  do  said  work.  They  shall  have  annual  coupons  attached 
thereto,  payable  in  annual  order,  on  the  second  day  of  January  in  each 
year  after  the  date  of  the  bond,  until  all  are  paid,  and  each  coupon 
shall  be  for  an  even  annual  proportion  of  the  principal  of  the  bond. 
They  shall  have  semi-annual  interest  coupons  thereto  attached,  the  first 
of  which  shall  be  payable  upon  the  second  day  of  January  or  July,  as 
the  case  may  be,  next  after  its  date,  and  shall  be  for  the  interest  ac- 
crued at  that  time,  and  the  last  of  which  shall  be  for  the  amount  of 
interest  accruing  from  the  second  day  of  January  or  July,  as  the  case 
may  be,  next  preceding  the  maturity  of  said  bonds  to  the  maturity 
thereof.  The  city  treasurer  shall,  in  addition  to  his  other  duties  in  the 
premises,  report  all  coupon  payments  of  principal  upon  said  bonds  to 
the  street  superintendent,  who  shall  forthwith  indorse  the  same  upon  the 
margin  of  the  record  of  the  assessment  to  the  credit  of  which  the  same 
is  paid,  and  said  assessment  shall  be  a  first  lien  upon  the  property 
affected  thereby  until  the  bond  issued  for  the  payment  thereof,  and  the 
accrued  interest  thereon,  shall  be  fully  paid.  Said  bonds,  by  their  issu- 
ance, shall  be  prima  facie  evidence  of  the  regularity  of  all  proceedings 
thereto  under  said  street  work  act  and  this  act,  previous  to  the  making 


Act  3932,  §  5  GENERAL  LAWS.  1326 

of  the  certified  list  of  all  assessments  unpaid  to  the  amount  of  twenty- 
five  dollars  or  over  by  the  street  superintendent,  to  the  city  treasurer, 
and  of  the  validity  of  said  lien,  up  to  the  date  of  said  list.  [Amended 
March  2,  1899.     Stats.  1899,  p.  41.] 

§  5.  Whenever,  through  the  default  of  the  owner  of  any  lot  or  par- 
cel of  land  to  represent  the  assessment  upon  which  such  bond  has  been, 
or  may  hereafter  be,  issued,  any  payment,  either  upon  the  principal,  oi 
of  the  interest,  has  not  been,  or  shall  not  be  made  when  the  same  has 
become,  or  shall  become  due,  and  the  holder  of  the  bond  thereupon 
demands,  in  writing,  that  the  said  city  treasurer  proceed  to  advertise 
and  sell  said  lot  or  parcel  of  land  as  herein  provided,  then  the  whole 
bond  or  its  unpaid  remainder,  with  its  accrued  interest,  as  expressed  in 
said  bond,  shall  become  due  and  payable  immediately,  and  on  the  day 
following  shall  become  delinquent. 

Subdivision  a.  Upon  the  application  of  the  holder  of  any  bond  that  is 
now  or  shall  hereafter  become  delinquent  as  provided  in  this  section, 
the  said  city  treasurer  shall  publish  for  two  weeks  in  a  newspaper  of 
general  circulation,  to  be  designated  by  him,  published  in  the  city  where 
his  ofiice  is  situated,  a  notice  which  must  contain  the  date,  number,  and 
series  of  the  delinquent  bond,  a  description  of  the  property  mentioned 
in  said  bond,  and  the  name  of  the  owner  of  such  property  (if  known), 
and  if  unknown,  the  fact  shall  be  so  stated,  the  amount  due  therrou, 
and  a  statement  that  unless  the  amount  of  said  bond  and  the  interest 
due  thereon,  together  with  the  cost  of  publication  of  such  notice  are 
paid,  the  real  property  described  in  said  bond  will  be  sold  at  public 
auction  on  a  day  to  be  therein  fixed,  which  shall  not  be  less  than  fifteen 
nor  more  than  thirty  days  from  the  day  of  the  first  publication  of  said 
notice,  and  the  place  of  such  sale,  which  must  be  the  office  of  the  said 
city  treasurer. 

Subdivision  b.  The  city  treasurer,  before  the  day  of  sale  hereinafter 
provided  for,  must  file  with  the  city  clerk  a  copy  of  the  publication, 
with  an  affidavit  of  the  publisher  of  such  newspaper,  or  some  one  in 
his  behalf,  attached  thereto,  that  it  is  a  true  copy  of  the  same;  that 
the  publication  was  made  in  a  newspaper,  stating  its  name  and  place 
of  publication  and  the  date  of  each  appearance  in  which  such  publica- 
tion was  made — which  affidavit  is  primary  evidence  of  all  the  facts 
stated  therein. 

Subdivision  c.  The  city  treasurer  must  collect,  in  addition  to  the 
amount  due  on  such  bond,  the  cost  of  the  publication  of  such  notice, 
and  fifty  cents  for  the  certificate  of  sale,  as  hereinafter  provided. 

Subdivision  d.  At  any  time  prior  to  the  sale,  the  owher  or  person  in 
possession  of  any  real  estate  offered  for  sale  under  the  provisions  of  this 
act  may  pay  the  whole  amount  of  said  bond  then  due,  with  costs,  and 
such  bond  shall  thereupon  be  canceled;  but  in  case  such  payment  is  not 
made  by  such  owner,  or  person  in  possession,  or  by  some  one  in  behalf 
of  such  owner,  or  person  in  possession,  the  property  subject  thereto  shall 
be  sold  as  herein  provided. 


1327  STREETS.  Act  3932,  §  5 

Subdivision  f.  The  city  treasurer,  before  delivering  any  certificate, 
must,  in  a  book  kept  in  his  office  for  that  purpose,  enter  the  date,  num- 
ber, and  series  of  the  bond,  a  description  of  the  land  sold  corresponding 
with  the  description  of  the  certificate,  the  date  of  sale,  purchasers'  name, 
the  amount  paid,  regularly  number  the  descriptions  on  the  margin  of 
the  book,  and  put  a  corresponding  number  on  each  certificate.  Such 
book  must  be  open  to  public  inspection  during  office  hours  when  not  in 
actual  use,  and  he  shall  enter 'on  the  record  of  the  bond  the  words 
"Canceled  by  sale  of  the  property,"  giving  the  date  of  such  sale. 

Subdivision  g.  Immediately  on  the  sale,  the  purchaser  shall  become 
vested  with  a  lien  on  the  property,  so  sold  to  him,  to  the  extent  of  his 
bid,  and  is  only  divested  of  such  lien  by  the  payment  to  the  city 
treasurer  of  the  purchase  money,  including  costs  herein  provided  for, 
with  interest  thereon  at  the  rate  of  one  per  cent  per  month  from  the 
date  of  sale. 

Subdivision  h.  A  redemption  of  the  property  sold  may  be  made  by 
+he  owner  of  the  property,  or  any  party  in  interest,  within  twelve  months 
from  the  date  of  purchase,  or  at  any  time  prior  to  the  application  for 
a  deed,  as  hereinafter  provided.  Kedemption  must  be  made  in  lawful 
money  of  the  United  States,  and  when  made  to  the  city  treasurer  he 
must  credit  the  amount  paid  to  the  person  named  in  his  certificate,  and 
pay  it  on  demand  to  him  or  his  assignees. 

Subdivision  i.  On  receiving  the  certificate  of  sale,  the  recorder  must 
file  it,  and  make  an  entry  in  a  book  similar  to  that  required  of  the 
city  treasurer,  the  fee  for  which  shall  be  fifty  cents,  and  on  presenta- 
tion of  the  receipt  of  the  city  treasurer  for  the  total  amount  of  the 
redemption  money,  the  recorder  must,  without  charge,  mark  the  word 
"Redeemed,"  the  date,  and  by  whom  redeemed,  on  the  margin  of  the 
book  where  the  entry  of  the  certificate  is  made. 

Subdivision  j.  If  the  property  is  not  redeemed  within  the  time  al- 
lowed by  subdivision  h  hereof  for  its  redemption,  the  city  treasurer,  or 
his  successor  in  office,  upon  application  of  the  purchaser  or  his  as- 
signee, must  make  to  said  purchaser,  or  his  assignee,  a  deed  to  the 
property,  reciting  in  the  deed,  substantially,  the  matter  contained  in 
the  certificate,  and  that  no  person  has  redeemed  the  property  during 
the  time  allowed  for  its  redemption;  the  treasurer  shall  be  entitled  to 
receive  from  the  purchaser  two  dollars  for  making  said  deed,  which 
shall  be  deposited  in  the  city  treasury  for  the  use  of  the  city  after 
payment  has  been  made  therefrom  for  the  acknowledgment  of  said  deed; 
provided,  however,  that  the  purchaser  of  the  property,  or  his  assignee 
must,  thirty  days  prior  to  the  expiration  of  the  time  of  the  redemp- 
tion, or  thirty  days  before  his  application  for  a  deed,  serve  upon  the 
owner  or  agent  of  the  property  purchased,  if  named  in  such  certificate, 
and  upon  the  party  occupying  the  property,  if  the  property  is  occupied, 
a  written  notice,  stating  that  said  property,  or  a  portion  thereof,  has 
been  sold  to  satisfy  the  bond  lien,  the  date  of  sale,  the  date,  number, 
and  series  of  the  bond,  the  amount  then  due,  and  the  time  when  the 
right  of  redemption  will  expire,  or  when  the  purchaser  will  apply  for 


Act  3932,  5  6  GENERAL  LAWS.  1328 

a  deed,  and  the  owner  of  the  property  shall  have  the  right  of  redemp- 
tion indefinitely,  until  such  notice  shall  have  been  given  and  said  deed 
applied  for,  upon  the  payment  of  the  fees,  penalties,  and  costs  in  this 
act  required.  In  case  of  unoccupied  property,  a  similar  notice  must  be 
posted  in  a  conspicuous  place  upon  the  property  at  least  thirty  days 
before  the  expiration  of  the  time  for  redemption,  or  thirty  days  before 
the  purchaser  applies  for  a  deed;  and  no  deed  to  the  property  sold,  in 
accordance  with  the  provisions  of  this  act,  shall  be  issued  by  the  city 
treasurer  to  the  purchaser  of  such  property,  until  such  purchaser  shall 
have  filed  with  such  treasurer  an  aifidavit  showing  that  the  notice  here- 
inbefore required  to  be  given  has  been  given  as  herein  required,  which 
said  affidavit  shall  be  filed  and  preserved  by  the  said  treasurer  as  other 
records  kept  by  him  in  his  office.  Such  purchaser  shall  be  entitled  to 
receive  the  sum  of  fifty  cents  for  his  service  of  such  notice  and  the 
making  of  said  affidavit,  which  sum  of  fifty  cents  shall  be  paid  by 
rederaptioner  at  the  time  and  in  the  same  manner  as  the  other  suras, 
costs,  and  fees  are  paid. 

Subdivision  k.  The  deed,  when  duly  acknowledged  or  proved,  is 
primary  evidence  of  the  regularity  of  all  proceedings  theretofore  had, 
and  conveys  to  the  grantee  the  absolute  title  to  the  lands  described 
therein,  as  of  the  date  of  the  expiration  of  the  period  for  redemption 
free  of  all  encumbrances,  except  the  lien  for  state,  county,  and  municipal 
taxes.     [Amended  March  2,  1899.     Stats.  1899,  p.  43.] 

§6.  Whenever  any  railroad  track  or  tracks  of  any  description  exist 
upon  any  street  or  streets  on  which  the  city  council  has  ordered  work 
to  be  done  or  improvements  made,  excepting  therefrom  such  portions 
as  is  [are]  required  by  law  to  be  kept  in  order  or  repair,  by  any  person 
or  company  having  railroad  tracks  thereon,  the  said  council  may,  at 
any  time  thereafter,  order  such  person  or  company  to  perform  upon  said 
excepted  portion  the  work  or  improvements,  similar  in  all  respects  to 
that  already  ordered  to  be  performed  under  the  same  specifications  and 
superintendence,  with  the  same  materials,  within  the  same  time,  and 
to  the  like  satisfaction  and  acceptance.  Thereupon  it  shall  be  the  duty 
of  the  clerk  of  said  council  to  deliver  immediately  a  copy  of  such  order, 
certified  by  him,  to  such  person  or  company,  and  to  make  and  preserve 
in  his  office  a  certificate  of  such  delivery,  its  date,  and  upon  whom  made. 
Should  such  person  or  company,  for  thirty  days,  or  within  such  ex- 
tension of  time  as  the  city  council  may  grant,  thereafter  refuse  or  neg- 
lect to  make  or  have  made  such  work  or  improvement  in  the  manner 
or  time  ordered,  it  shall  be  the  duty  of  the  city  council  to  have  such 
work  or  improvement  performed,  and  such  refusal  or  neglect  punished 
in  the  manner  provided  by  law.  Within  fifteen  days  after  receiving  the 
certified  copy  of  said  order,  such  person  or  company  may  file  with  the 
clerk  of  said  council  a  written  assumption  of  the  performance  of  said 
work  or  improvement,  according  to  the  order,  or  a  request  to  the  council 
to  have  such  work  or  improvement  performed,  for  and  at  the  expense 
of  such  person  or  company,  in  the  manner  herein  provided.  The  failure 
to  file  such  instrument  within  said  time  shall  be  taken  and  deemed  to 


1329   •  STREETS.  Act  3932,  S  • 

be  a  refusal  to  comply  Tvith  the  order.  Upon  reception  of  said  assump- 
tion of  the  direct  perforinanee  of  said  work  or  improvement,  the  city 
council  shall  take  no  further  proceedings  in  the  matter,  unless  such 
person  or  company  neglects  or  fails  for  thirty  days,  or  such  further 
time  as  the  council  may  grant,  to  comply  with  the  provisions  of  the 
order.  But  if  such  person  or  company  files  the  said  request  that  the 
said  council  have  such  work  or  improvement  performed,  or  fails  to  per- 
form said  work  within  thirty  days,  or  within  such  further  time  as  the 
council  may  grant,  then  said  city  council  may  pass  an  ordinance  of 
intention  to  perform  said  work,  which  ordinance  shall  specify  the  work 
to  be  performed,  and  a  statement  that  unless  within  thirty  days  after 
the  recording  of  the  return  of  the  warrant,  or  within  five  days  after  the 
final  decision  of  the  council  on  an  appeal,  the  said  person  or  company 
shall  pay  the  cost  of  said  work,  or  the  street  superintendent  of  said 
city  shall  issue  bonds  to  represent  the  cost  of  said  work,  stating  also 
that  the  cost  of  said  work,  in  case  bonds  shall  issue,  shall  be  paid  in 
ten  yearly  installments,  and  also  the  rate  of  interest  (not  to  exceed 
ten  per  cent  per  annum)  that  the  same  shall  bear.  The  subsequent 
procedure  shall  be  as  provided  by  the  "Street  Work  Act."  A  similar 
statement  shall  also  be  incorporated  in  all  notices  required  to  be  posted 
.or  published  by  the  provisions  of  the  "Street  Work  Act";  also  in  the 
ordinance  or  resolution  ordering  the  work,  advertisement  for  proposals, 
and  in  the  contract.  Whenever  the  person  or  company  owning  any 
such  railroad  shall  not  have,  within  thirty  days  after  the  recording  of 
the  return  of  the  warrant,  or  within  five  days  after  the  final  decision 
of  the  council  on  an  appeal,  paid  the  cost  of  such  work,  the  street 
superintendent  shall  issue  to  the  contractor,  or  his  assigns,  bonds  for 
the  amount  of  such  cost,  which  shall  describe  the  franchise,  tracks,  and 
roadbed  along  or  between  which  said  work  has  been  performed,  and 
descj-ibing  the  same  as  upon  the  assessment  and  diagram,  giving  its 
assessment  number.  Such  bonds  shall  also  describe  the  work  performed, 
giving  the  total  amount  of  the  cost  of  such  work,  the  name  of  the 
owner  of  said  railroad,  the  number  of  installments  in  which  the  cost 
of  the  work  is  to  be  paid,  and  the  rate  of  interest  which  the  deferred 
payments  shall  bear.  Said  bonds  shall  be  in  sums  of  not  less  than  one 
hundred  dollars  or  more  than  one  thousand  dollars,  and  shall  recite  that 
the  total  amount  of  the  cost  of  such  work,  together  with  the  interest 
thereon,  as  represented  in  said  bonds,  is,  except  state,  county,  and 
municipal  taxes,  a  first  lien  upon  all  the  track,  roadbed,  switches,  and 
franchises  of  said  railroad  lying  within  the  corporate  limits  of  the  city 
or  town,  on  any  part  of  which  said  work  has  been  performed.  Said 
street  superintendent  shall  also  keep  a  record  of  such  bonds,  as  required 
by  section  18  of  the  "Street  Work  Act."  Whenever  bonds  have  been 
issued,  as  herein  provided,  the  same,  together  with  the  cost  of  such 
work  and  the  interest  thereon,  shall  be,  except  state,  county,  or  municipal 
taxes,  a  first  lien  upon  all  the  tracks,  roadbed,  switches,  and  franchises 
of  said  railroad  within  the  corporate  limits  of  the  city  or  town,  on  any 
part  of  which  said  work  has  been  performed.  Sections  4  and  5  of  this 
act,  regarding  the  form,  issuance,  and  foreclosure  of  street  bonds,  and 
Gen.  Laws — 84 


Act  3933  GENERAL  LAWS.  1330 

the  sale  of  property  described  therein,  shall  apply  hereto,  except  that 
the  work  required  to  be  performed  by  the  treasurer  by  said  sections 
shall  be  performed  by  the  street  superintendent,  in  so  far  as  the  bonds 
for  the  paving  of  railroads  are  concerned.  None  of  the  provisions  of 
the  "Street  Work  Act"  in  regard  to  a  protest  against  the  work  shall 
apply  to  any  work  contemplated  by  this  section.  All  provisions  of  the 
"Street  Work  Act"  not  inconsistent  with  the  provisions  hereof  shall 
apply  hereto. 

§  7.  The  term  "city  treasurer,"  as  used  in  this  act,  shall  be  held  to 
mean  and  include  any  person  who,  under  whatever  name  or  title,  is  the 
custodian  of  the  funds  of  the  municipality. 

§  8.  The  act  entitled  "An  act  to  amend  an  act  entitled  'An  act  to 
provide  for  work  upon  streets,  lanes,  alleys,  courts,  places,  and  side- 
walks, and  for  construction  of  sewers  within  municipalities,'  approved 
March  eighteenth,  eighteen  hundred  and  eighty-five,  by  adding  thereto 
an  additional  part,  numbered  4,  consisting  of  sections  38,  39,  40,  41,  42, 
43,  and  44,  relative  to  a  system  of  street  improvement  bonds,"  approved 
March  seventeen,  eighteen  hundred  and  ninety-one,  is  hereby  repealed, 
except  as  to  any  and  all  proceedings  hitherto  commenced  thereunder, 
which  proceedings  may  be  completed  and  have  full  force  as  is  therein 
provided. 

§  9.  This  act  shall  take  effect  and  become  of  force  from  and  after 
its  passage. 

ACT  3933. 

An  act  fixing  and  regulating  the  manner  of  sale  and  redemption  of 
real  property  for  delinquent  assessments  to  pay  the  damages,  costs, 
and  expense  for  or  incident  to  laying  out,  opening,  extending, 
widening,  straightening,  diverting,  curving,  contracting,  or  closing 
up,  in  whole  or  in  part,  any  street,  square,  lane,  alky,  court,  or 
place  within  municipalities  in  this  state. 

[Approved  March  27,  1895.     Stats.  1895,  p.  204.] 

§  1.  All  sales,  and  redemptions  after  sale,  of  any  real  property  upon 
which  the  assessment  levied  and  assessed  to  pay  the  damages,  costs,  and 
expense  for  or  incident  to  laying  out,  opening,  extending,  widening, 
straightening,  diverging,  curving,  constructing,  or  closing  up,  in  whole 
or  in  part,  any  street,  square,  lane,  alley,  court,  or  place  within  munici- 
palities in  this  state,  shall  remain  unpaid  and  become  delinquent  under 
the  provisions  of  any  act  or  law  regulating  such  matters,  shall  be  made 
and  had  in  the  same  time  and  manner  as  such  sales  and  redemption  were 
required  by  law  to  be  made  and  had  on  the  first  day  of  January,  Anno 
Domini   eighteen  hundred  and   ninety-five. 

§2.  All  acts  or  parts  of  acts  in  conflict  with  this  act  are  hereby 
repealed. 


1331  STREETS.  'Act  3934 

§  3.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage  and  approval. 

ACT  3934. 

An  act  to  provide  for  the  improvement  of  public  streets,  lanes,  alleys, 
courts  and  places  in  municipalities,  in  cases  where  any  damage  to 
private  property  would  result  from  such  improvement,  and  for  tlie 
assessment  of  the  costs,  damages  and  expenses  thereof  upon  the 
property   benefited   thereby. 

[Approved  April  21,  1909.     Stats.  1909,  p.  1042.] 

Street  improvements.    Damage  to  private  property. 

§  1.  Whenever  the  public  interest  or  convenience  may  require,  the 
legislative  body  of  any  city,  after  having  by  ordinance  or  resolution 
established  or  changed  or  modified  the  grade  of  any  public  street,  lane, 
alley,  court  or  place  in  said  city,  or  any  portion  thereof,  is  hereby 
empowered,  in  any  ease  where  in  the  opinion  of  said  legislative  body 
any  damage  to  private  property  would  result  from  the  improvement 
thereof,  to  order  the  whole,  or  any  part,  either  in  length  or  width,  of 
such  public  street,  lane,  allej^,  court  or  place,  to  be  improved  to  con- 
f(.»rm  to  such  official  grade  by  grading  or  regrading,  paving  or  repav- 
ing,  planking  or  replanking,  macadamizing  or  remacadamizing,  piling  or 
repiling,  capping  or  recapping,  graveling  or  regraveling,  oiling  or  re- 
oiling,  sewering  or  resewering,  sidewalking  or  residewalking,  curbing  or 
recurbing,  or  guttering  or  reguttering,  or  by  the  building  of  storm 
water  ditches  or  channels  or  breakwaters,  leeves,  walls  of  rock  or  of 
other  material  to  protect  the  same  from  overflow  or  injury,  or  by  con- 
structing manholes,  culverts,  bridges,  cesspools,  tunnels  or  cross-walks, 
or  by  the  doing  of  any  other  work  which  shall  be  necessary  to  complete 
the  whole  or  any  portion  of  said  public  street,  lane,  alley,  court  or 
place,  under  the  proceedings  hereinbefore  provided,  and  in  accordance 
with  plans  and  specifications  prepared  by  the  city  engineer  of  said  city, 
and  approved  by  the  legislative  body  thereof. 

Resolution  of  intention. 

§  2.  Before  ordering  any  improvement  described  in  section  1  hereof, 
the  said  legislative  body  shall  pass  an  ordinance  or  resolution  declaring 
its  intention  so  to  do,  and  that  in  its  opinion  damage  to  private  property 
would  result  from  such  improvement,  describing  the  proposed  improve- 
ment, fixing  a  time  and  place  for  the  hearing  of  protests  in  relation 
thereto  by  said  legislative  body,  which  time  shall  be  not  less  than 
twenty  nor  more  than  thirty  days  from  the  date  of  the  passage  of  said 
ordinance  or  resolution  of  intention,  and  specifying  the  exterior  bound- 
aries of  the  district  of  land  to  be  benefited  by  said  improvement  and 
to  be  specially  assessed  to  pay  the  costs  and  expenses  thereof,  and  the 
damages  caused  by  said  improvement,  which  shall  be  known  as  the 
assessment  district.  Said  legislative  body  may  include  in  one  improve- 
ment the  whole  or  any  portion  of  one  or  more  streets,  lanes,  alleys, 
courts  or  other  public  places,  and  any  or  all  of  the  different  kinds  of 


Act  3934,  §§  3,  4  GENERAL  LAWS.  1332 

work  mentioned  in  section  1  hereof,  and  may  exclude  therefrom  any  of 
said  work  already  done  to  the  official  grade. 

Publication  of  resolution.    Posting  of  notices.    Publication  of  notice. 

§  3.  Said  ordinance  or  resolution  of  intention  shall  be  conspicuouslv- 
posted  for  two  days  on  or  near  the  chamber  door  of  said  legislative 
body,  and  published  by  two  insertions  in  a  daily  or  weekly  newspaper 
published  and  circulated  in  said  city,  and  designated  by  said  legislative 
body  for  said  purpose.  If  no  such  newspaper  be  so  published  and 
circulated  in  said  city,  such  posting  of  said  ordinance  or  resolution  of 
intention  shall  be  sufficient.  The  superintendent  of  streets  shall  there- 
upon cause  to  be  conspicuously  posted  along  all  streets  and  parts  of 
streets  within  the  assessment  district  described  in  the  ordinance  or 
resolution  of  intention,  not  more  than  one  hundred  feet  apart,  notices 
(not  less  than  three  in  all)  of  the  passage  of  said  ordinance  or  resolu- 
tion. Said  notices  shall  be  headed  "Notice  of  Street  Work"  in  lettero 
not  less  than  one  inch  in  length,  shall  be  in  legible  characters,  and  shall 
state  the  fact  and  date  of  the  passage  of  said  ordinance  or  resolution 
of  intention  and  the  time  and  place  fixed  for  the  hearing  of  protests, 
and  notify. all  persons  interested  to  appear  at  said  time  and  place  with 
their  objections  to  said  improvement,  if  any  they  have,  and  briefly  de- 
scribe the  proposed  improvement,  and  refer  to  the  ordinance  or  resolu- 
tion of  intention  for  further  particulars.  He  shall  also  cause  a  notice 
of  similar  substance  to  be  published  for  a  period  of  five  days  in  a 
daily  newspaper  published  and  circulated  in  said  city,  or  if  there  is  no 
such  daily  newspaper,  then  by  two  successive  insertions  in  a  weekly 
newspaper  so  published  and  circulated.  If  no  such  newspaper  be  so 
published  and  circulated  in  said  city,  such  notice  shall  be  also  posted 
on  or  near  the  chamber  door  of  the  legislative  body  of  said  city,  and_  in 
two  other  public  places  in  said  city.  Such  posting  and  publication 
must  be  completed  at  least  fifteen  days  before  the  day  set  for  the 
hearing  of  protests. 

Protests,  must  contain  what.    Affidavits  of  posting.    Findings  of  coun- 
cil.    Hearing  of  protests. 

§  4.  At  or  before  the  time  fixed  for  the  hearing,  any  person  interested, 
objecting  to  the  proposed  improvement  or  to  the  extent  of  the  assess- 
ment district  described  in  the  ordinance  or  resolution  of  intention,  may 
file  a  written  protest  with  the  clerk  of  said  legislative  body.  Every 
protest  must  contain  a  description  of  the  property  in  which  each  signer 
thereof  is  interested  and  set  forth  the  nature  of  his  interest  therein 
and  must  be  accompanied  by  the  affidavit  of  one  of  the  signers  thereof 
that  each  signature  thereto  is  the  genuine  signature  of  the  person  whose 
name  is  thereto  subscribed,  and  in  case  any  signature  is  made  by  an 
agent,  there  must  be  attached  to  the  protest  the  affidavit  of  the  agent 
that  he  is  duly  authorized  to  sign  such  protest.  Any  protest  not  com- 
plying with  the  foregoing  requirements  shall  not  be  considered  by  said 
legislative  body.  The  clerk  shall  indorse  on  every  such  protest  the 
date  of  its  reception  by  him,  and  at  the  time  fixed  for  the  hearing,  or 


1333  STREETS.  Act  3934,  §  5 

at  any  other  time  to  which  the  hearing  may  be  adjourned,  he  shall  pre- 
sent to  said  legislative  body  all  protests  so  filed  with  him.  Before  the 
hearing  of  any  protests  there  shall  be  filed  with  such  legislative  body 
affidavits  showing  that  the  said  notices  have  been  posted  and  published 
as  hereinbefore  required,  and  the  said  legislative  body  shall  thereupon 
cause  to  be  entered  in  its  minutes  an  order  reciting  that  notice  of  said 
hearing  has  been  posted  and  published  as  required  by  law,  and  such  order 
shall  be  prima  facie  evidence  of  the  truth  of  the  facts  therein  re- 
cited. 

If  such  protests  are  against  the  said  improvement,  and  the  legislative 
body  finds  that  the  same  are  signed  by  the  owners  of  a  majority  of  the 
frontage  of  the  property  fronting  on  streets  or  parts  of  streets  within 
the  assessment  district,  all  further  proceedings  under  said  ordinance 
or  resolution  of-  intention  shall  be  barred,  except  as  hereinafter  pro- 
vided, for  six  months  after  the  presentation  of  such  protests  to  such 
legislative  body,  and  no  new  ordinance  or  resolution  of  intention  for 
the  same  improvement  shall  be  passed  within  said  six  months,  unless 
the  owners  of  a  majority  of  the  frontage  of  the  property  fronting 
on  the  streets  or  parts  of  streets  within  said  assessment  district  shall 
in  the  mean  time  petition  that  said  improvement  be  made.  If  such 
protests  are  against  the  improvement,  and  the  legislative  body  finds 
that  they  are  not  signed  by  the  owners  of  a  majority  of  the  frontage 
of  the  property  fronting  on  streets  or  parts  of  streets  within  the  assess- 
ment district,  or  if  such  protests  are  only  against  the  extent  of  the 
assessment  district,  or  if  the  proposed  improvement  is  the  construction 
of  sewers,  manholes,  culverts,  cesspools,  cross-walks,  gutters,  curbs  or 
sidewalks,  or  extends  for  a  distance  of  not  more  than  one  block  of  any 
street  and  at  least  one  block  of  such  street  immediately  adjacent 
thereto  on  both  ends  of  the  block  proposed  to  be  improved  has  already 
been  improved,  or  extends  for  a  distance  of  not  more  than  one  block 
at  the  end  of  a  street  and  at  least  one  block  immediately  adjacent 
thereto  has  already  been  improved,  the  legislative  body  shall  hear  said 
protests  at  said  meeting,  or  at  any  time  to  which  the  hearing  thereof 
may  be  continued,  and  pass  upon  the  same,  and  its  decision  shall  be 
final  and  conclusive.  If  such  protests  are  sustained,  no  further  pro- 
ceedings shall  be  had  under  said  ordinance  or  resolution  of  intention, 
but  a  new  ordinance  or  resolution  of  intention  for  the  same  improve- 
ment may  be  passed  at  any  time.  If  such  protests  are  denied,  the 
proceedings  shall  continue  as  if  such  protests  had  not  been  made. 

Jurisdiction,  when  acquired. 

§5.  If  no  protests  are  filed  at  or  before  the  time  fixed  for  the  hear- 
ing thereof  by  the  ordinance  or  resolution  of  intention,  or  if  protests 
are  filed,  and  after  hearing  are  denied,  as  above  provided,  the  legis- 
lative body  shall  have  jurisdiction  to  order  the  improvement  described 
in  the  ordinance  or  resolution  of  intention.  Having  acquired  such  juris- 
diction, it  shall  by  ordinance  or  resolution  order  such  improvement  to 
be  made,  and  refer  the  same  to  the  commission  hereinafter  provided  for, 
to  estimate  the  damages  caused  thereby,  and   report   an  assessment   of 


Act  3934,  §§  6-8  GENERAL  LAWS.  1334 

said  damages,  and  of  all  costs  and  expenses  of  the  improvement,  on 
the  property  benefited  thereby.  Said  ordinance  or  resolution  shall  de- 
scribe the  improvement  in  the  same  manner  as  the  ordinance  or  resolu- 
tion of  intention,  and  shall  be  published  by  two  insertions  in  a  daily 
or  weeklj'  newspaper  published  and  circulated  in  said  city,  or  if  no 
such  newspaper  be  so  published  and  circulated,  said  ordinance  or  resolu- 
tion shall  be  posted  on  or  near  the  chamber  door  of  the  legislative  body, 
and  at  two  other  public  places  in  said  city. 

Commission  to  estimate  damages. 

§  6.  In  any  city  having  a  board  of  public  works  created  by  its  charter 
or  by  law,  such  board,  and  in  other  cities  the  mayor,  city  engineer  or 
surveyor  and  superintendent  of  streets,  or  if  all  of  such  officers  last 
mentioned  do  not  exist  in  cities  having  no  board  of  public  works,  any 
three  competent  and  disinterested  persons  appointed  by  said  legislative 
body,  shall  act  as  a  commission  to  estimate  the  damages  caused  by  said 
proposed  improvement  and  to .  assess  the  same,  and  all  costs  and  ex- 
penses of  said  proposed  improvement  upon  the  property  benefited  thereby. 
Such  commissioners,  if  they  are  appointed  by  said  legislative  body  as 
aforesaid,  shall  be  sworn  to  make  the  assessment  of  benefits  and  dam- 
ages faithfully,  impartially  and  to  the  best  of  their  ability.  Said  com- 
mission shall  have  power  to  subpoena  witnesses  to  appear  before  it  to 
be  examined  under  oath,  which  any  of  said  commissioners  may  admin- 
ister. 

Hearing   petitions  for  damages. 

§7.  Upon  the  passage  of  the  final  ordinance  or  resolution  referred  to 
in  section  5  hereof,  said  commission  shall  appoint  a  time  and  place  for 
the  hearing  of  petitions  for  damages  caused  by  said  improvement,  and 
shall  cause  notice  of  such  time  and  place  to  be  published  for  at  least 
five  days  in  a  daily  newspaper,  or  three  times  in  a  weekly  newspaper, 
published  in  said  city,  or  if  no  such  newspaper  is  so  published  and 
circulated,  then  by  posting  for  two  days  in  three  public  places  in  said 
city.  The  time  set  for  hearing  such  petition  shall  be  not  less  than 
thirty  days  from  the  first  publication  or  posting  of  such  notice.  Be- 
fore said  hearing  said  commission  shall  view  the  location  of  the  pro- 
posed improvement,  and  the  property  affected  thereby.  Said  hearing 
may  be  continued  from  time  to  time  by  said  commission. 

Claims  for  damages. 

§  8.  At  or  before  the  time  set  for  hearing  of  petitions  for  damages 
any  person  owning  property,  and  claiming  that  the  same  will  be  dam- 
aged by  said  proposed  improvement,  shall  file  with  the  city  clerk,  who 
shall  transmit  the  same  to  the  commission,  a  petition  showing  the  fact 
of  such  ownership,  the  description  of  the  property  claimed  to  be  damaged, 
its  market  value,  and  the  amount  of  damages  which  it  is  claimed  such 
property  will  sustain  by  the  proposed  improvement,  and  the  postoffice 
address  of  such  petitioner,  or  his  agent.  Every  such  petition  shall  be 
verified  by  the  oath  of  the  petitioner  or  his  agent.     After  considering 


1335  STREETS,  Act  3934,  §  9 

the  petitions  filed  as  hereinbefore  provided,  and  after  hearing  the  peti- 
tioners who  may  appear,  and  after  viewing  the  location  of  the  proposed 
improvement  and  the  property  aifected  thereby,  said  commission  shall 
proceed  to  determine  the  amount  of  damages,  if  any,  which  will  be  sus- 
tained by  each  such  petitioner  because  of  the  proposed  improvement. 
No  damages  or  compensation  whatsoever  shall  be  allowed  or  awarded 
to  the  owner  of  any  property  affected  by  said  improvement  unless  a 
petition  therefor  be  filed  as  provided  in  this  section,  and  any  property 
owner  who  fails  to  file  a  petition  for  damages  as  hereinbefore  provided, 
shall  be  deemed  to  have  waived  any  and  all  claims  for  damages  caused 
by  said  improvement. 

Proposals  for  doing  work.     Bids.    Award  of  contract.     Supervision  of 

work. 

§9.  Before  the  awarding  of  any  contract  by  the  legislative  body  for 
doing  any  work  authorized  by  this  act,  said  legislative  body  shall  cause 
notice,  with  specifications,  to  be  posted  conspicuously  for  five  days  on  or 
near  the  chamber  door  of  said  legislative  body,  inviting  sealed  proposals 
or  bids  for  doing  the  work  ordered,  and  shall  also  cause  notice  of  said 
work  inviting  said  proposal,  and  referring  .to  the  specifications  posted 
or  on  file,  to  be  published  for  two  days  in  a  daily,  or  weekly  newspaper 
published  and  circulated  in  said  city,  designated  by  said  legislative 
body  for  that  purpose,  and  in  case  there  is  no  newspaper  published  in 
said  city,  then  it  shall  only  be  posted  as  hereinbefore  provided.  Every 
bid  shall  be  delivered  to  the  clerk  of  the  legislative  body  and  shall  be 
accompanied  by  a  check  certified  by  a  responsible  bank,  amounting  to 
ten  per  cent  of  the  amount  of  the  bid,  payable  to  the  order  of  the  said 
clerk,  or  by  a  bond  for  the  said  amount,  and  so  payable,  signed  by  the 
bidder  and  by  two  sureties  who  shall  justify  before  any  officer  compe- 
tent to  administer  an  oath,  in  double  the  said  amount,  and  over  and 
above  all  statutory  exemptions,  and  said  amount  shall  be  forfeited  to 
the  city  in  case  the  bidder  depositing  the  same  does  not,  within  ten 
days  after  written  notice  that  the  contract  has  been  awarded  to  him, 
enter  into  a  contract  with  the  city  to  do  the  work,  with  the  bond 
hereinafter  required,  and  any  other  bonds  required  by  law.  Said  bids 
shall  be  opened  by  the  legislative  body  in  public  session  and  publicly 
declared,  and  no  bid  shall  be  considered  unless  accompanied  by  said 
bond  or  said  certified  check.  The  legislative  body  must  let  the  contract 
to  the  lowest  responsible  bidder  who  shall  give  bond  for  the  faithful 
performance  of  the  work  in  such  sum  as  may  be  required  by  it,  and 
such  other  bonds  as  may  be  required  by  law,  with  sureties  satisfactory 
to  said  legislative  body;  provided,  however,  that  the  legislative  body 
may  reject  any  and  all  bids,  should  it  deem  this  for  the  public  good, 
and  also  the  bid  of  any  person  who  has  been  delinquent  or  unfaithful 
in  the  performance  of  any  former  contract  with  the  city,  or  of  any 
other  contract  let  by  or  under  the  authority  thereof. 

The  contract  must  provide  that  the  work  shall  be  done  under  the 
supervision  of  the  city  engineer  or  surveyor,  and  no  work  shall  be  paid 
for  until  it  has  been  accepted  by  the  legislative  body.     Whenever  the 


Act  3934,  §  10  GENERAL  LAWS.  1336 

contractor  desires  the  work  or  part  thereof  to  be  accepted  he  must  make 
written  application  to  that  effect  to  the  legislative  body.  Upon  the 
filing  of  such  application  for  acceptance,  the  clerk  of  the  legislative 
body  shall  give  not  less  than  five  days'  notice  by  publication  by  two 
insertions  in  a  daily  or  weekly  newspaper  published  and  circulated  in 
the  city,  or  by  posting  for  two  days  in  three  public  places  in  the  city, 
in  case  no  such  newspaper  is  published  and  circulated  therein,  that  at 
a  certain  time  and  place  to  be  named  in  said  notice  the  legislative  body 
of  the  city  will  hear  and  consider  any  objections  to  the  acceptance  of 
the  work,  or  part  of  the  work,  for  the  acceptance  of  which  said  con- 
tractor has  made  such  application,  and  only  after  such  hearing  shall 
any  work  be  accepted.  If  upon  such  hearing  any  objections  to  the  ac- 
ceptance are  made  and  are  sustained  by  the  legislative  body,  the  legis- 
lative body  must  require  the  contractor  to  take  such  steps  as  will 
remove  such  objections;  and  in  the  event  of  his  failure  to  do  so  within 
such  time  as  the  legislative  body  shall  prescribe,  the  legislative  body 
may  relet  such  portion  of  the  work  and  charge  the  contractor  the  cost 
thereof  together  with  all  expenses  incident  to  said  reletting,  and  retain 
the  same  out  of  any  moneys  due  or  to  become  due  to  him  under  the 
contract,  and  also  hold  him  and  his  sureties  responsible  therefor  upon 
his  bond. 

The  contract  shall  provide  that  the  work  must  be  commenced  within 
twenty  days  after  the  contractor  receives  written  notice  from  the 
superintendent  of  streets  that  there  is  sufiicient  money  in  the  special 
fund  devoted  to  the  proposed  improvement  to  pay  the  contract  price, 
and  completed  within  such  time  as  the  legislative  body  shall  prescribe. 
If  the  contractor  abandons  the  work,  or  fails  to  proceed  with  the  same 
as  rapidly  as  required  by  his  contract,  the  legislative  body  may  relet 
the  contract,  or  any  portion  thereof,  and  pay  the  cost  of  the  same  and 
also  any  expenses  incidental  to  the  reletting,  out  of  any  funds  due  or 
to  become  due  the  contractor,  and  also  hold  him  and  his  sureties  responsi- 
ble upon  his  bond  for  such  cost  and  expenses,  and  also  for  any  damages 
resulting   from   such   abandonment. 

Upon  the  signing  of  the  contract  for  the  doing  of  the  work,  the  clerk 
of  the  legislative  body,  if  there  be  no  board  of  public  works  in  said 
city,  shall  certify  to  such  commission  the  amount  of  the  contract 
price. 

Assessment  for  benefits.    What  commission  must  report. 

§  10.  The  commission  shall,  as  soon  as  practicable,  after  determining 
what  damages  will  be  caused  by  said  improvement,  and,  after  the 
signing  of  the  contract  for  the  work,  assess  the  total  amount  of  the 
damages  so  determined,  the  total  amount  of  the  contract  price  for 
the  doing  of  such  work,  and  the  total  amount  of  all  the  incidental  ex- 
penses of  such  improvement,  which  shall  include  the  necessary  expenses 
and  disbursements  of  the  commission,  the  cost  of  making  the  assessment, 
and  all  expenses  necessarily  incurred  by  the  city  in  connection  with  the 
proposed  improvement  for  maps,  diagrams,  plans,  surveys  and  other 
matters  incident  thereto,  upon  the  respective  lots  or  parcels  of  land  in 
the  assessment  district  described  in  the  ordinance  or  resolution  of  in- 


1337  STREETS.  Act  3934,  §§  11,  12 

tention,  in  proportion  to  the  benefits  to  be  received  by  such  lots  or 
parcels  of  land,  respectively,  from  the  said  improvement,  and  shall  make 
and  file  with  the  clerk  of  the  legislative  body  a  report  in  writing  con- 
taining the  following: 

1.  A  schedule  describing  the  lots  or  parcels  of  land  belonging  to  each 
petitioner  for  damages  and  which  will  be  damaged  by  said  proposed 
improvement,  stating  the  amount  of  damages  to  each  lot  or  parcel  as 
determined  by  the  commission,  and  the  name  of  the  owner  of  each 
such  lot  or  parcel  of  land  so  damaged. 

2.  A  diagram  showing  the  assessment  district,  and  also  the  bound- 
aries and  dimensions  of  the  respective  lots  or  parcels  of  land  within 
said  district,  and  each  of  such  lots  or  parcels  of  land  shall  be  given  a 
separate  number  in  red  ink  upon  said  diagram. 

3.  A  proposed  assessment  of  the  total  amount  of  damages  that  will 
be  caused  by  said  improvement,  as  determined  by  the  commission,  the 
total  amount  of  the  contract  price  for  the  work  and  the  total  amount 
of  the  incidental  expenses  thereof  as  above  specified,  upon  the  respec- 
tive lots  or  parcels  of  land  in  said  district  in  proportion  to  the  benefits 
to  be  received  by  such  lots  or  parcels  of  land,  respectively,  from  said 
improvement.  Said  assessment  shall  refer  to  such  lots  or  parcels  of 
land  upon  said  diagram  by  the  red  ink  numbers  thereof,  and  need  con- 
tain no  other  description  thereof,  and  shall  show  the  names  of  the 
owners,  if  known,  otherwise  designating  them  as  unknown;  but  no  mis- 
take in  the  name  of  the  owner  of  any  lot  or  parcel  of  land  shall  affect 
the  validity  of  the  assessment  thereon. 

In  case  the  commissioners  do  not  all  agree,  a  majority  of  the  whole 
number  may  make  such  report. 

Hearing  of  report. 

§  11.  Upon  the  filing  of  the  report  provided  for  in  section  10  hereof, 
the  clerk  of  the  legislative  body  shall  present  such  report  to  the  legis- 
lative body,  which  shall  fix  a  day  for  the  hearing  thereof  by  said 
legislative  body,  which  day  shall  not  be  less  than  twenty  days  from  the 
date  of  filing  such  report,  and  shall  cause  a  notice  of  such  hearing  to 
be  published  by  the  clerk  thereof,  by  three  insertions  in  a  daily  news- 
paper published  and  circulated  in  said  city,  or  if  there  be  no  daily 
newspaper  in  said  city,  then  by  two  successive  insertions  in  a  weekly  news- 
paper so  published  and  circulated;  or  if  no  newspaper  is  so  published  and 
circulated,  then  by  posting  for  two  days  in  three  public  places  in  said 
city.  Such  publication  shall  be  completed  at  least  ten  days  before  the 
date  fixed  for  the  hearing.  Said  notice  shall  state  the  fact  that  such  re- 
port has  been  filed,  and  the  date  set  for  the  hearing  thereof,  and  require 
all  persons  interested  to  file  with  the  clerk  their  objections,  if  any  they 
have,  to  the  confirmation  of  said  report  at  or  before  the  time  fixed  for  the 
hearing. 

Objections.     Action  of  legislative  body  on  report.     Assessment-roll.     No- 
tice of  assessment. 
§  12.     Any  objection  to  said  report  shall  be  in  writing  signed  by  the 

objector,  or  his  agent,  and  shall  comply  with  the  requirements  of  see- 


Act  3934,  §12  GENERAL  LAWS.  1338 

tion  4  hereof  for  the  form  and  substance  of  protests,  and  shall  be  filed 
with  the  clerk  of  the  legislative  body  at  or  before  the  time  fixed  for 
the  hearing.  At  the  time  fixed,  or  at  any  other  time  to  which  the 
hearing  may  be  continued,  the  legislative  body  shall  hear  said  report 
and  any  objections  thereto,  and  any  person  interested  may  appear  and 
be  heard  upon  said  report  and  objections. 

After  such  hearing  the  legislative  body  shall  pass  upon  the  report 
and  may  confirm,  modify  or  correct  the  same,  or  may  confirm  the  report 
as  modified  or  corrected,  or  order  the  commission  to  make  and  file  a 
new  report,  which  shall  be  heard  in  like  manner  as  the  first  report,  and 
after  like  notice  of  hearing.  If  no  objections  are  filed,  or  if  the  ob- 
jections filed  are  not  sustained,  the  legislative  body  shall  confirm  the 
report.  The  action  of  the  legislative  body  upon  said  report  shall  be 
declared  by  resolution  entered  upon  its  minutes,  and  shall  be  final  and 
conclusive,  except  as  to  the  damages  to  be  caused  by  the  proposed  im- 
provement; and  when  said  report  is  confirmed,  or  is  confirmed  as  modi- 
fied or  corrected,  the  clerk  of  the  legislative  body  shall  transmit  the 
diagram  and  assessment  provided  for  in  section  10  hereof,  as  finally 
confirmed,  to  the  city  tax  collector.  The  tax  collector  shall  thereupon 
record  such  assessment  and  diagram  in  his  ofiice  in  a  sviitable  book  to 
be  kept  for  that  purpose,  and  append  thereto  his  certificate  of  the  date 
of  such  recording,  and  such  record  shall  be  the  assessment-roll.  From 
the  date  of  such  recording  all  persons  shall  be  deemed  to  have  notice 
of  the  contents,  of  such  assessment-roll.  Immediately  upon  such  record- 
ing the  several  assessments  contained  in  such  assessment-roll  shall  be- 
come due  and  payable,  and  each  of  such  assessments  shall  be  a  lien  upon 
the  property  against  which  it  is  made,  paramount  to  all  other  liens, 
except  taxes  and  prior  assessments;  and  such  lien  shall  only  be  dis- 
charged by  payment  of  the  assessment  or  by  redemption  of  the  land 
after  sale  for  delinquency.  The  tax  collector  shall,  upon  the  recording 
of  said  assessment,  give  notice  by  publication  for  five  days  in  a  daily 
newspaper  published  and  circulated  in  said  city,  or  by  two  insertions  in 
a  weekly  newspaper  so  published  and  circulated;  or  in  case  no  such 
daily  or  weekly  newspaper  is  so  published  and  circulated  in  said  city, 
then  by  posting  such  notice  for  four  days  in  three  public  places  in  said 
city,  that  said  assessment  has  been  recorded  in  his  office  and  that  all 
sums  assessed  therein  are  due  and  payable  immediately,  and  that  pay- 
ment of  the  said  sums  must  be  made  to  him  within  thirty  days  after 
the  date  of  the  first  publication  or  posting,  which  date  shall  be  stated 
in  the  notice.  Said  notice  shall  also  contain  a  statement  that  all 
assessments  not  paid  before  the  expiration  of  the  said  thirty  days  shall 
become  delinquent,  and  that  thereupon  five  per  cent  upon  the  amount 
of  each  such  assessment  will  be  added  thereto.  When  payment  of  any 
assessment  is  made  the  tax  collector  shall  mark  Opposite  such  assess- 
ment the  word  "paid,"  the  date  of  payment,  and  the  name  of  the  person 
by  or  for  whom  the  same  is  paid,  and  shall  give  a  receipt  therefor. 
Upon  the  expiration  of  said  period  of  thirty  days,  all  assessments  then 
unpaid  shall  become  delinquent,  and  the  tax  collector  shall  mark  each 
such  assessment  "delinquent"  on  said  assessment-roll,  and  add  five  per 
cent  to  the  amount  thereof. 


1339  STREETS.  Act  8934,  §§  13-15 

Delinquent  assessments,  publication  of. 

§  13.  The  tax  collector  shall  within  ten  days  from  the  date  of  such 
delinquency  begin  the  publication  of  a  list  of  the  delinquent  assess- 
ments, which  list  must  contain  a  description  of  each  lot  or  parcel  of 
land  delinquent,  and  opposite  each  description  the  name  of  the  owner 
as  stated  in  the  assessment-roll,  and  the  amount  of  the  assessment  and 
costs  due,  including  the  cost  of  advertisement,  which  cost  of  advertise- 
ment shall  not  exceed  the  sum  of  fifty  cents  for  each  parcel  of  land 
separately  assessed.  He  shall  append  to  and  publish  with  said  delin- 
quent list  a  notice  that  unless  each  assessment  delinquent,  together  with 
the  penalty  and  costs  thereon,  is  paid,  the  property  upon  which  such 
assessment  is  a  lien  will  be  sold  at  public  auction  at  a  time  and  place 
to  be  specified  in  the  notice.  Such  publication  must  be  made  by  five 
insertions  in  some  daily  newspaper  published  and  circulated  in  the  city, 
or  by  two  insertions  in  a  weekly  newspaper  so  published  and  circulated, 
or,  in  case  no  such  newspaper  is  so  published  and  circulated  in  said 
city,  such  list  of  delinquent  assessments  and  notice  shall  be  posted  in 
three  public  places  in  said  city  for  five  days.  The  time  of  sale  must 
not  be  less  than  five  days  nor  more  than  ten  days  after  the  last  pub- 
lication of  said  list,  or  after  the  completion  of  such  posting,  as  the  case 
may  be,  and  the  place  of  sale  must  be  in  or  in  front  of  the  office  of 
the   tax   collector. 

At  any  time  after  such  delinquency  and  prior  to  the  sale  of  any  piece 
of  property  assessed  and  delinquent,  any  person  may  pay  the  assessment 
on  such  piece  of  property  together  with  the  penalties  and  costs  due 
thereon,  including  the  cost  of  advertising,  if  such  payment  is  made 
after  the  first  publication  of  the  list  of  delinquent  assessments. 

Sale  of  property  advertised. 

§  14.  At  the  time  and  place  fixed  for  the  sale  the  tax  collector  must 
commence  the  sale  of  the  property  advertised,  commencing  at  the  head 
of  the  list,  and  continuing  in  numerical  order  of  lots  or  parcels  of 
land  until  all  are  sold;  provided,  that  he  may  postpone  or  continue  the 
sale  from  day  to  day  until  all  the  property  is  sold.  Each  lot  or  parcel 
of  land  separately  assessed  must  be  offered  for  sale  separately,  and  the 
person  who  will  take  the  least  quantity  of  land  and  then  there  pay  the 
amount  of  the  assessment,  penalty  and  costs  due,  including  fifty  cents 
to  the  tax  collector  for  a  certificate  of  sale,  shall  become  the  purchaser. 
In  case  there  is  no  other  purchaser  for  any  lot  or  parcel  of  laud  offered 
for  sale,  the  same  shall  be  struck  off  to  the  city  as  purchaser. 

Certificate  of   sale. 

§  15.  After  making  the  sale  the  tax  collector  must  execute  in  dupli- 
cate a  certificate  of  sale  setting  forth  a  description  of  the  property 
sold,  the  name  of  the  owner  thereof  as  given  in  the  assessment-roll, 
that  said  property  was  sold  for  a  delinquent  assessment  (specifying  the 
improvement  for  which  the  same  was  made),  the  amount  for  which 
such  property  was  sold,  the  date  of  sale,  the  name  of  the  purchaser, 
and  the  time  when  the  purchaser  will  be  entitled  to  a  deed.  The  tax 
collector  must  file  one  copy  of  such  certificate  in  his  office  and  deliver 


Act  3934,  §§  16,  17  GENERAL  LAWS.  1340 

the  other  to  the  purchaser,  or  if  the  city  is  the  purchaser,  to  the  clerk 
of  the  legislative  body,  who  shall  file  the  same  in  his  office.  Upon  the 
filing  of  the  copy  of  such  certificate  in  the  office  of  the  tax  collector, 
the  lien  of  the  assessment  shall  vest  in  the  purchaser  and  is  only  divested 
by  a  redemption  of  the  property  as  in  this  act  provided. 

The  tax  collector  shall  also  enter  upon  the  assessment-roll  opposite 
the  description  of  each  piece  of  property  offered  for  sale,  the  descrip- 
tion of  the  portion  thereof  sold,  the  amount  for  which  the  same  was 
sold,  the  date  of  the  sale  and  the  name  of  the  purchaser. 

Redemption  of  property  sold. 

§  16.  At  any  time  before  the  expiration  of  one  year  from  the  date 
of  the  sale,  any  lot  or  parcel  of  land  sold  for  a  delinquent  assessment 
may  be  redeemed  by  any  party  in  interest  by  the  payment  to  the  tax 
collector  of  the  amount  for  which  the  property  was  sold,  and  in  addi- 
tion thereto,  ten  per  cent  thereon  if  paid  within  six  months  from  the 
date  of  sale;  and  twenty-five  per  cent  if  paid  within  twelve  months. 
When  redemption  is  made  the  tax  collector  shall  note  that  fact  and 
the  date  thereof  on  the  duplicate  certificate  of  sale  on  file  in  his  office, 
and  deposit  the  amount  paid  with  the  city  treasurer,  who  shall  credit 
the  purchaser  named  in  the  certificate  of  sale  with  the  said  amount  and 
pay  the  same  to  such  purchaser,  or  to  his  assigns,  upon  the  surrender 
of  the  certificate  of  sale  and  upon  satisfactory  proof  of  assignment 
thereof,  if  any.  When  the  city  is  the  purchaser,  the  tax  collector  shall 
notify  the  clerk  of  the  legislative  body  of  the  redemption  and  such 
clerk  shall  thereupon  cancel  the  certificate  of  sale  on  file  in  his  office. 

Deeds  to  purchaser.     Service  of  notice  by  purchaser.    Penalty  on  redemp- 
tion. 

§  17.  At  any  time  after  the  expiration  of  twelve  months  from  the 
date  of  sale,  the  tax  collector  must  execute  to  the  purchaser,  or  to 
his  assignee  on  his  application,  if  such  purchaser  or  assignee  has  com- 
plied with  the  provisions  of  this  section,  a  deed  of  the  property  sold, 
in  which  shall  be  recited  substantially  the  matters  contained  in  the 
certificate,  also  any  assignment  thereof,  and  the  fact  that  no  person 
has  redeemed  the  property.  The  tax  collector  shall  receiye  from  the 
applicant  for  a  deed,  one  dollar  for  making  such  deed,  unless  the  city 
is  the  purchaser,  in  which  case  no  charge  shall  be  made  therefor.  The 
purchaser  or  his  assignee,  must  at  least  thirty  days  before  he  applies 
for  a  deed,  serve  upon  the  owner  of  the  property,  and  upon  the  occupant 
of  such  property,  if  the  same  is  occupied,  a  written  notice,  setting  forth  a 
description  of  the  property,  that  said  property  has  been  sold  for  a 
delinquent  assessment  (specifying  the  improvement  for  which  the  same 
was  made),  the  amount  for  which  it  was  sold,  the  amount  necessary 
to  redeem  at  the  time  of  giving  notice,  and  the  time  when  such  pur- 
chaser or  assignee  will  apply  to  the  tax  collector  for  a  deed.  If  the 
said  owner  cannot  be  found,  after  due  diligence,  said  notice  must  be 
posted  in  a  conspicuous  place  upon  said  property,  at  least  thirty  days 
before   the   time   stated   therein,   at   which   the   application   for   a    deed 


1341  STREETS.  Act  3934,  §§  18,  19 

will  be  made.  The  person  applying  for  a  deed  must  file  with  the  tax 
collector  an  affidavit  or  affidavits  showing  th:it  notice  of  such  applica- 
tion has  been  given,  as  herein  required,  and  if  the  notice  was  not 
served  on  the  owner  of  the  property  personally,  that  due  diligence  was 
used  to  find  said  owner;  which  affidavit  or  affidavits  must  be  filed  by 
the  tax  collector  in  his  office.  If  redemption  of  the  property  is  made 
after  such  affidavits  are  filed,  and  more  than  eleven  months  from  the 
date  of  sale,  the  person  making  such  redemption  must  pay,  in  addition 
to  the  other  amounts  required,  three  dollars  for  the  service  of  notice 
and  the  making  of  such  affidavits,  which  amount  shall  be  paid  over  to 
the  purchaser  or  his  assignee  in  the  same  manner  as  other  sums  paid 
for  redemption.  No  deed  for  any  property  sold  for  delinquent  assess- 
ment shall  be  made  until  the  purchaser  or  his  assignee  has  complied 
with  all  the  provisions  of  this  section,  and  filed  the  proper  affidavits 
with  the  tax  collector. 

Such  deed  shall  be  prima  facie  evidence  of  the  truth  of  all  matters 
recited  therein  and  of  the  regularity  of  all  proceedings  prior  to  the  ex- 
ecution thereof  and  of  title  in  the  grantee. 

Disposition  of  funds  collected. 

§  18.  The  funds  collected  by  the  tax  collector  under  the  proceedings 
herein  provided  for,  either  upon  voluntary  payment,  or  as  the  result 
of  sales,  shall  be  paid  by  said  tax  collector,  as  fast  as  collected,  to  the 
treas'iTor  of  said  city,  who  shall  place  the  same  in  a  special  fund  desig- 
nated by  the  number  or  name  of  the  proceedings,  and  payments  shall 
be  m'lde  out  of  said  special  fund  only  for  the  purposes  provided  for  in 
this  i.ct.  To  expedite  the  making  of  any  such  improvement,  the  legis- 
latj  t'e  body  may  at  any  time  transfer  into  said  special  fund,  out  of 
any  money  in  the  general  fund,  such  sums  as  it  may  deem  necessary, 
and  the  sums  so  transferred  shall  be  deemed  a  loan  to  such  special 
fuud  and  shall  be  repaid  out  of  the  proceeds  of  the  assessments  pro- 
vided for  in  this  act.  After  all  sales  provided  for  in  section  14  of 
this  act  have  been  made,  the  tax  collector  shall  report  to  the  legislative 
body  of  the  city  the  amount  collected. 

Notice  of  payment  of  damages. 

§  19.  When  sufficient  money  is  in  the  hands  of  the  city  treasurer,  in 
the  special  fund  devoted  to  the  proposed  improvement,-  to  pay  the  total 
amount  of  estimated  damages  therefrom,  all  expenses  of  the  proceed- 
ing and  the  cost  of  doing  the  work,  it  shall  be  the  duty  of  the  clerk 
of  the  legislative  body  to  notify  the  contractor  for  the  work  of  that 
fact,  and  to  draw  demands  on  said  special  fund  for  the  respective 
amounts  of  damages  awarded  by  the  report,  and  to  notify  the  owner 
of  each  parcel  of  land  declared  by  the  report  to  be  damaged  if  the 
•rame  of  such  owner  is  stated  in  the  report,  that  the  awards  of  damages 
are  payable,  and  that  he  may  receive  the  sum  awarded  to  him  on  ex- 
ecuting a  release  to  said  city  of  all  liability  for  damages  caused  by  said 
improvement.  Such  notification  may  be  given  by  depositing  a  notice, 
postage  prepaid,  in  the  postoffice  addressed  to  such  person  at  his  last 
known  place  of  residence. 


Act  3934,  §§  20-22  GENERAL  LAWS.  1842 

Refusal  to  accept  award  of  damages. 

§  20.  If  any  owner  of  property  that  will  be  damaged  by  the  proposed 
improvement  shall  fail  or  refuse  to  accept  the  amount  awarded  to  him 
by  the  report  provided  for  in  section  10  hereof,  the  legislative  body 
may  cause  proceedings  to  be  brought  against  him  in  the  name  of  the 
city,  in  the  proper  superior  court,  to  have  the  amount  of  damage  to 
such  property  determined.  Such  proceedings  shall  conform,  as  nearly 
as  may  be,  to  the  provisions  of  the  Code  of  Civil  Procedure  regarding 
eminent  domain;  provided,  however,  that  the  plaintiff  shall  not  be  re- 
quired to  pay  the  amount  of  damages  awarded  within  thirty  days  after 
judgment.  In  such  proceeding  the  ordinance  ordering  the  improvement 
shall  be  conclusive  evidence  of  the  necessity  of  the  same. 

If  no  such  proceeding  is  brought  against  him  any  owner  of  property 
that  is  damaged  by  the  proposed  improvement  may  decline  to  accept 
the  amount  awarded  him,  if  any,  and  bring  an  action  against  the  city 
to  recover  the  amount  to  which  he  claims  to  be  entitled.  Any  such 
action  must  be  brought  within  thirty  days  after  the  final  completion 
of  the  improvement.  If  in  such  action  he  fails  to  recover  more  than 
the  amount  awarded  to  him  by  the  report  aforesaid,  he  shall  not  recover 
costs. 

Supplemental  assessment  may  be  ordered. 

§21.  If  the  first  assessment  for  any  improvement  fails  to  raise  a 
sufficient  amount  of  money  to  pay  all  costs,  damages  and  expenses  of 
the  improvement,  including  any  judgments  rendered  in  the  actions  and 
proceedings  mentioned  in  section  20  and  the  costs  and  expenses  of 
such  actions  or  proceedings,  the  legislative  body  may  pay  the  deficit 
out  of  the  general  fund,  or  may  order  a  supplemental  assessment  to 
raise  such  deficit,  which  shall  be  made  and  collected  in  the  same  man- 
ner, as  nearl}'  as  may  be,  as  the  first  assessment,  and  so  on  until  suffi- 
cient money  shall  have  been  raised  to  pay  for  such  improvement. 

Meanings  of  certain  words. 

§  22.  The  following  words  and  phrases  shall,  where  used  in  this  act, 
have  the  following  meanings: 

1.  The  term  "improvement"  includes  all  the  improvements  mentioned 
in  section  1  of  this  act. 

2.  The  term  "eity"  includes  every  incorporated  city,  city  and  county, 
or  other  corporation  organized  for  municipal  purposes. 

3.  The  term  "city  treasurer"  includes  any  officer  who  has  charge  and 
makes  payment  of  the  city  funds. 

4.  The  term  "superintendent  of  streets"  includes  any  officer  or  board 
whose  duty  it  is  by  law  to  have  the  care  or  charge  of  streets  or  the 
improvement  thereof,  in  any  city.  In  any  city  where  there  is  no  super- 
intendent of  streets,  or  such  board,  the  legislative  body  is  hereby  au- 
thorized to  designate  some  other  officer  to  perform  the  duties  imposed 
by  this  act  on  the  superintendent  of  streets,  and  all  the  provisions 
hereof  applicable  to  the  superintendent  of  streets  shall  apply  to  the 
officer  so  designated. 

5.  The  term  "owner"  or  the  term  "any  person  interested"  is  deemed 
to  be  the  person  owning  the  fee,  or  the  person  in  whom  on  the  day  any 


1343  STREETS.  Act  3935 

protest  is  filed,  the  legal  title  to  real  property  appears  hj  deeds  duly 
recorded  in  the  county  recorder's  office  of  the  county  in  which  said  city 
is  situate;  or  any  person  in  possession  of  real  property  as  the  executor, 
administrator,  trustee  under  an  express  trust,  guardian  or  other  legal 
representative  of  the  owner,  or  any  person  in  possession  of  real  prop- 
erty under  written  contract  of  purchase,  duly  recorded. 

6.  The  term  "tax  collector"  includes  any  officer  of  the  city  whose 
duty  it  is  to  collect  city  taxes.  In  any  city  where  there  is  no  tax  col- 
lector, the  legislative  body  is  hereby  authorized  to  designate  some  other 
officer  to  perform  the  duties  imposed  by  this  act  on  the  tax  collector, 
and  all  the  provisions  hereof  applicable  to  the  tax  collector  shall  apply 
to  the  officer  eo  designated. 

Certain  acts  not  affected, 

§23.  This  act  shall  in  nowise  affect  an  act  entitled:  "An  act  to  pro- 
vide for  work  upon  streets,  lanes,  alleys,  courts,  places  and  sidewalks, 
and  for  the  construction  of  sewers  within  municipalities,"  approved 
March  18,  1885;  or  an  act  entitled:  "An  act  to  provide  a  system  of 
street  improvement  bonds  to  represent  certain  assessments  for  the  cost 
of  street  work  and  improvements  within  municipalities,  and  also  for 
payment  of  said  bonds,"  approved  February  27,  1893;  or  an  act  entitled: 
"An  act  to  provide  for  local  improvements  upon  streets,  lanes,  alleys, 
courts,  places  and  sidewalks,  and  for  the  construction  of  sewers  within 
municipalities,  such  act  to  be  known  as  the  'Local  Improvement  Act 
of  1901,'  "  which  became  a  law  February  26,  1901,  or  amendments  to 
any  of  said  acts,  or  any  other  acts  on  the  same  subject,  or  apply  to 
proceedings  had  thereunder,  but  is  intended  to  and  does  provide  an 
alternate  system  for  making  the  improvements  provided  for  by  this 
act;  and  it  shall  be  in  the  discretion  of  the  legislative  body  of  any 
city  to  proceed,  in  making  said  improvements,  under  the  provisions 
either  of  this  act  or  of  such  other  acts;  but  when  any  proceedings  are 
commenced  under  this  act,  the  provisions  of  this  act,  and  of  such  amend- 
ments thereof  as  may  be  hereafter  adopted,  and  no  other,  shall  apply 
to  all  such  proceedings,  and  any  provisions  contained  in  said  acts  or 
any  acts  in  conflict  herewith  shall  be  void  and  of  no  effect  as  to  the 
proceedings  commenced  under  this  act. 

Construction.     Name  of  act. 

§  24.  The  provisions  of  this  act  shall  be  liberally  construed  to  pro- 
mote the  objects  thereof.  This  act  may  be  designated  and  referred  to 
as  the  "Street  Improvement  Act  of  1909,"  and  shall  take  effect  and  be 
in  force  upon  its  passage  and  approval. 

ACT  3935. 

An  act  to  provide  for  work  upon  and  the  construction  of  sidewalks  and 

curbing  within  municipalities. 

[Approved  March  6,  1909.     Stats.  1909,  p.  167.] 

Public  streets  defined. 

§  1.  All  streets,  lanes,  alleys,  places  and  courts  in  the  municipalities 
of  this  state  now  open  or  dedicated,  or  which  may  hereafter  be  opened 


Act  3935,  §  2  GENERAL  LAWS.  1344 

or  dedicated,  to  public  use  shall  be  deemed  and  held  to  be  public  streets, 
lanes,  alleys,  places  and  courts  for  the  purposes  of  this  act. 

Sidewalks,  order  for.     Notice  of  work,  posting  of.     Objection  by  owners. 

Jurisdiction,  when  acquired. 

§  2.  Whenever,  in  the  opinion  of  the  city  council,  public  interest  or 
public  convenience  may  require  the  city  council  is  hereby  authorized 
and  empowered  to  order  sidewalks  to  be  constructed  in  any  street,  lane, 
alley,  place  or  court  within  such  municipality.  Before  ordering  any 
sidewalk  to  be  constructed  the  city  council  shall  pass  a  resolution  of 
intention  so  to  do  and  describing  the  work,  which  resolution  shall  be 
posted  conspicuously  for  two  days  on  or  near  the  chamber  door  of  said 
council  and  published  by  two  insertions  in  a  daily,  semi-weekly  or 
weekly  newspaper,  published  and  circulated  in  said  city  and  designated 
by  said  city  council  for  that  purpose.  The  street  superintendent  shall 
thereupon  cause  to  be  conspicuously  posted  along  the  line  where  it  is 
proposed  said  sidewalk  shall  be  constructed  and  at  not  more  than  one 
hundred  feet  in  distance  apart,  but  not  less  than  three  in  all,  notices 
of  the  passage  of  said  resolution.  Said  notice  shall  be  headed  "Notice 
of  Sidewalk  Work"  in  letters  of  not  less  than  one  inch  in  length  and 
shall  in  legible  characters  state  the  fact  of  the  passage  of  the  resolu- 
tion, its  date  and  approval,  the  work  or  improvement  proposed  and  refer 
to  the  resolution  for  further  particulars.  In  case  there  is  no  newspaper 
published  in  said  city,  said  resolution  of  intention  shall  be  posted  for 
six  days  on  or  near  the  chamber  door  of  said  council  and  copies  thereof 
in  two  other  conspicuous  places  in  said  city  as  hereinafter  provided. 
The  owners  of  a  majority  of  the  frontage  of  the  property  fronting  on 
said  proposed  sidewalk  and  on  the  same  side  of  the  street,  lane,  alley, 
place  or  court  where  it  is  proposed  said  sidewalk  shall  be  constructed 
may  make  a  written  objection  to  said  proposed  improvement  within  ten 
days  after  the  expiration  of  the  time  of  the  publication  and  posting 
of  said  resolution  of  intention,  which  objection  shall  be  delivered  to  the 
clerk  of  the  city  council,  who  shall  indorse  thereon  the  date  of  its  recep- 
tion by  him.  Thereupon  the  said  city  council  shall  at  its  next  meeting 
fix  a  time  for  hearing  such  objections,  not  less  than  one  week  there- 
after, and  the  city  clerk  shall  thereupon  notify  the  persons  making 
such  objections  by  depositing  a  notice  thereof  in  the  postoffice  in  said 
city,  postage  prepaid,  addressed  to  each  objector,  or  his  agent  when  an 
agent  appears  for  such  objector.  At  the  time  specified  said  city  council 
shall  hear  the  objections  urged  and  pass  upon  the  same,  and  its  decision 
thereon  shall  be  final  and  conclusive.  At  tlie  expiration  of  twenty  days 
after  the  expiration  of  the  time  of  said  publication  by  said  street  super- 
intendent and  at  the  expiration  of  twenty-five  days  after  the  advertis- 
ing and  posting  as  aforesaid  of  any  resolution  of  intention,  if  no 
written  objection  to  the  work  therein  described  has  been  delivered  as 
aforesaid  by  the  owners  of  a  majority  of  the  frontage  of  the  property 
fronting  on  said  proposed  work  or  improvement  and  on  the  same  side  of 
the  street,  lane,  alley,  place  or  court  where  it  is  proposed  the  said 
sidewalk   shall   be    constructed,    and    at    the    expiration    of    fifteen    days 


1345  BTREET3.  Act  3935,  §§  3,  4 

after  the  clecision  of  the  city  council  upon  objections  made,  if  objections 
have  been  made,  the  city  council  shall  be  deemed  to  have  acquired  juris- 
diction to  order  the  work  to  be  done  or  improvement  to  be  made,  which 
is  authorized  by  this  act,  which  order,  when  made,  shall  be  posted  for 
two  days,  the  same  as  provided  for  the  posting  of  the  resolution  of  in- 
tention. Before  passing  any  resolution  for  the  construction  of  sidewalks, 
plans  and  specifications  and  careful  estimates  of  the  costs  and  expenses 
thereof  shall  be  furnished  to  the  city  council,  if  required  by  it,  by  the 
city  engineer  of  the  city. 

Ovmers  may  petition  for  construction. 

§  3.  The  owners  of  a  majority  in  frontage  of  lots  and  lands  fronting 
on  the  same  side  of  any  street,  avenue,  lane,  alley,  place  or  court  where 
it  is  proposed  that  a  sidewalk  shall  be  constructed  and  of  lots  and  lands 
liable  to  be  assessed  for  the  expense  of  the  work  petitioned  to  be  done, 
or  their  duly  authorized  agents,  may  petition  the  city  council  to  order 
such  sidewalk  to  be  constructed,  and  the  city  council  may  order  the  side- 
walk to  be  constructed  after  notice  of  its  intention  so  to  do  has  been 
posted  and  published  as  provided  in  section  2  of  this  act. 

Proposals  for  doing  work.    Bids.    Readvertlsing.    Awards.    Election  by 

owners.     Delinquent  contractors. 

§4.  Before  awarding  any  contract  for  the  construction  of  a  side- 
walk, the  city  council  shall  cause  notice  with  specifications  to  be  posted 
conspicuously  for  five  days  on  or  near  the  council  chamber  door  of  said 
council  inviting  sealed  proposals  or  bids  for  doing  the  work  ordered  and 
shall  also  cause  notice  of  the  said  work  inviting  said  proposals  or  bids 
and  referring  to  the  specifications  posted  or  on  file  to  be  published  for 
two  days  in  a  daily,  semi-weekly  or  weekly  newspaper,  published  and 
circulated  in  said  city  designated  by  the  council  for  that  purpose,  and  in 
case  there  is  no  newspaper  published  in  said  city  then  said  notice  shall 
only  be  posted  as  hereinbefore  provided.  All  proposals  or  bids  offered 
shall  be  accompanied  by  a  check  payable  to  the  order  of  the  mayor  of 
the  city,  certified  by  a  responsible  bank  for  an  amount,  which  shall  not 
be  less  than  ten  per  cent  of  the  aggregate  of  the  proposal,  or  by  a  bond 
for  said  amount  and  so  payable,  signed  by  the  bidder  and  by  two  sure- 
ties, who  shall  justify  before  an  officer  competent  to  administer  an  oath 
in  double  the  said  amount  and  over  and  above  all  statutory  exemptions. 
Said  proposals  or  bids  shall  be  delivered  to  the  clerk  of  the  said  city 
council  and  said  council  shall  in  open  session  examine  and  publicly  de- 
clare the  same;  provided,  however,  that  no  proposal  or  bid  shall  be  con- 
sidered unless  accompanied  by  said  check  or  bond  satisfactory  to  the 
council.  The  city  council  may  reject  any  or  all  proposals  or  bids  should 
it  deem  this  for  the  public  good  and  shall  also  reject  the  bid  of  any 
party  who  has  been  delinquent  or  unfaithful  in  any  former  contract  with 
the  municipality,  and  shall  reject  all  proposals  or  bids  other  than  the 
lowest  regular  proposal  or  bid  of  any  responsible  bidder  and  may  award 
the  contract  for  said  work  to  the  lowest  responsible  bidder  at  the  prices 
named  in  his  bid,  which  award  shall  be  approved  by  the  mayor  or  a 
Gen.  Laws — 85 


Act  3935,  §  4  GENERAL  LAWS.  1346 

three-fourthg  vote  of  tlie  city  council.  If  not  approved  by  him  or  a 
three-fourths  vote  of  the  city  council,  without  further  proceedings,  the 
city  council  may  readvertise  for  proposals  or  bids  for  the  performance  of 
the  work  as  in  the  first  instance  and  thereafter  proceed  in  the  manner 
in  this  section  provided  and  shall  thereupon  return  to  the  proper  parties 
the  respective  checks  and  bonds  corresponding  to  the  bids  so  rejected, 
but  the  checks  or  bonds  accompanying  such  accepted  proposals  or  bids 
shall  be  held  by  the  city  clerk  of  said  city  until  the  contract  for  doing 
said  work  as  hereinafter  provided  has  been  entered  into,  either  by  said 
lowest  bidder  or  by  the  owners  of  three-fourths  part  of  the  frontage 
fronting  on  the  same  side  of  the  street  where  said  sidewalk  is  to  be  con- 
structed, whereupon  said  certified  check  shall  be  returned  to  said  bidder. 
But  if  said  bidder  fails,  neglects  or  refuses  to  enter  into  the  contract 
to  perform  said  work  as  hereinafter  provided  then  the  certified  check 
accompanying  his  bid  and  the  amount  mentioned  therein  shall  be  declared 
to  be  forfeited  to  said  city  and  shall  be  collected  by  it  and  paid  into  its 
fund  for  repairs  of  streets;  and  any  bond  forfeited  may  be  prosecuted 
and  the  amount  due  thereon  collected  and  paid  into  said  fund.  Notice 
of  such  award  of  contract  shall  be  posted  for  five  days  in  the  same 
manner  as  hereinbefore  provided  for  the  posting  of  the  resolution  of 
intention.  The  owners  of  three-fourths  of  the  frontage  of  lots  and  lands 
upon  the  same  side  of  the  street  where  said  sidewalk  is  to  be  constructed, 
or  their  agents,  and  who  shall  make  oath  that  they  are  svich  owners  or 
agents,  shall  not  be  required  to  present  sealed  proposals  or  bids,  but 
may  within  ten  days  after  the  first  posting  of  said  notice  of  said  award 
elect  to  take  said  work  and  enter  into  a  written  contract  to  construct 
said  sidewalk  at  the  price  at  which  the  same  has  been  awarded.  Should 
the  said  owners  fail  to  elect  to  take  such  work  and  to  enter  into  a 
written  contract  therefor  within  ten  days  or  to  commence  work  within 
fifteen  days  after  the  first  posting  of  said  award  and  to  prosecute  the 
work  with  diligence  to  completion,  it  shall  be  the  duty  of  the  super- 
intendent of  streets  to  enter  into  a  contract  with  the  original  bidder,  to 
whom  the  contract  was  awarded,  and  at  the  prices  specified  in  his  bid, 
but  if  such  original  bidder  neglects,  fails  or  refuses  for  fifteen  days  after 
the  first  posting  of  the  notice  of  award  to  enter  into  the  contract,  then 
the  said  city  council  without  further  proceedings  shall  again  advertise  for 
proposals  or  bids  as  in  the  first  instance  and  award  the  contract  for  the 
said  work  to  the  then  lowest  regular  bidder.  The  ,bids  of  a,ll  persons 
and  the  election  of  all  owners  as  aforesaid,  who  have  failed  to  enter 
into  the  contract  as  herein  provided,  shall  be  rejected  from  any  bidding 
or  election  subsequent  to  the  first  for  the  same  work.  If  the  owner  or 
contractor,  who  may  have  taken  any  contract,  does  not  complete  the 
same  within  the  time  limited  in  the  contract,  or  within  such  further 
time  as  the  city  council  may  give  him,  the  superintendent  of  streets  shall 
report  such  delinquency  to  the  city  council,  which  may  relet  the  unfin- 
ished portion  of  said  work  after  pursuing  the  formalities  prescribed 
hereinbefore  for  the  letting  in  the  first  instance.  All  contractors,  con- 
tracting owners  included,  shall  at  the  time  of  executing  any  contract  for 
the  construction  of  a  eidewalk  under  the  provisions  in  this  act,  execute 


1347  STREETS.  Act  3935,  §§  5,  6 

a  bond  to  the  satisfaction  and  approval  of  the  street  superintendent  of 
said  city  with  two  or  more  sureties  and  payable  to  said  city  in  such 
sum  as  the  mayor  may  deem  adequate  conditioned  for  the  faithful  per- 
formance of  the  contract,  and  the  sureties  shall  justify  before  some 
person  competent  to  administer  an  oath  in  double  the  amount  mentioned 
in  such  bond  over  and  above  all  statutory  exemptions.  Before  being 
entitled  to  a  contract  the  bidder  to  whom  the  award  was  made  or  the 
owners  who  have  elected  to  take  the  contract  must  advance  to  the  street 
superintendent  for  payment  by  him  the  costs  of  publication  and  posting 
of  the  notices,  resolution,  orders  or  other  incidental  expenses  and  mat- 
ters required  under  the  proceedings  prescribed  in  this  act  and  such  other 
notices  as  may  be  deemed  requisite  by  the  city  council  including  in  such 
incidental  expenses  the  necessary  surveying  and  superintendence  of  said 
work.  And  in  case  the  work  is  abandoned  by  the  city  before  the  letting 
of  the  contract,  the  incidental  expense  incurred  previous  to  such  aban- 
donment shall  be  paid  out  of  the  city  treasury. 

Superintendent  of  streets,  powers  and  duties  of. 

§5.  The  superintendent  of  streets  is  hereby  authorized,  in  his  official 
capacity,  to  make  all  written  contracts  and  receive  all  bonds  authorized 
by  this  act  and  to  do  any  other  act,  express  or  implied,  that  pertains  to 
the  street  department  under  this  act;  and  he  shall  fix  the  time  for  the 
commencement,  which  shall  not  be  more  than  fifteen  days  from  the  date 
of  the  contract  and  for  the  completion  of  the  work  under  all  contracts 
entered  into  by  him,  which  work  shall  be  prosecuted  with  diligence  from 
day  to  day  thereafter  to  completion,  and  he  may  extend  the  time  so  fixed 
for  completion  of  the  work  from  time  to  time  under  direction  of  the 
city  council.  The  work  provided  to  be  done  under  this  act  must  in  all 
cases  be  done  under  the  direction  and  to  the  satisfaction  of  the  super- 
intendent of  streets,  and  the  materials  used  shall  comply  with  the  speci- 
fications and  be  to  the  satisfaction  of  said  superintendent  of  streets,  and 
all  contracts  made  therefor  must  contain  a  provision  to  that  effect  and 
also  express  notice  that  in  no  case,  except  where  it  is  otherwise  pro- 
vided in  this  act,  will  the  city,  or  any  officer  thereof,  be  liable  for  any 
portion  of  the  expense  nor  for  any  delinquency  of  persons  or  property 
assessed.  The  city  council  may,  by  ordinance,  prescribe  general  rules 
directing  the  superintendent  of  streets  and  the  contractor  as  to  the  ma- 
terial to  be  used  and  the  mode  of  executing  the  work  under  all  contracts 
thereafter  made.  The  assessment  and  apportionment  of  the  expense  of 
all  such  work  shall  be  made  by  the  superintendent  of  streets  in  the  mode 
herein  provided. 

Assessments,  what  lands  liable  for. 

§6.  Subdivision  One. — It  is  considered  and  established  by  this  act 
that  the  construction  of  a  sidewalk  authorized  by  this  act  is  and  will  be 
of  peculiar  and  special  benefit,  gain  and  advantage  to  the  lots  and  lands 
fronting  on  such  sidewalk  on  the  same  side  of  the  street  on  which  the 
sidewalk  is  constructed  and  not  of  peculiar  or  special  benefit,  gain  or 
advantage  to   any   other   property.     The   expense  incurred   for   the   con- 


Act  3935,  §  7  GENERAL  LAWS.  1348 

struction  of  any  sidewalk  authorized  by  this  act  (which  expense  shall 
not  include  the  cost  of  any  work  done  in  such  portion  of  any  street  as 
is  required  by  law  to  be  kept  in  order  and  repair  by  any  person  or 
company  having  railroad  tracks  thereon)  shall  be  assessed  u^on  the 
lots  and  lands  fronting  thereon  on  the  same  side  of  the  street  where 
said  sidewalks  shall  be  constructed,  each  lot,  or  portion  of  lot,  being 
separately  assessed  in  proportion  to  the  frontage  at  a  rate  per  front 
foot  sufficient  to  cover  the  total  expense  of  the  work,  except  the  expense 
of  so  much  thereof  as  shall  be  constructed  upon  any  intersection  or 
street  crossing.  The  expense  of  that  portion  of  the  work  constructed 
upon  any  intersection  or  street  crossing  shall  be  paid  by  the  municipality 
out  of  the  city  treasury. 

Owner  may  construct,  when. 

Subdivision  Two. — It  shall  be  lawful  for  the  owner  or  owners  of  lots 
or  lands  fronting  upon  any  street  and  on  the  same  side  of  the  street 
where  a  sidewalk  is  to  be  constructed,  to  perform  at  his  or  their  own 
expense,  after  obtaining  permission  from  the  city  council  so  to  do,  but 
before  such  council  has  passed  its  resolution  of  intention  to  order  the 
sidewalk  to  be  constructed,  the  work  of  constructing  the  sidewalk  upon 
the  same  side  of  the  street  upon  which  his  or  their  property  so  fronts, 
and  thereupon  to  procure  a  certificate  from  the  city  engineer  setting 
forth  the  fact  of  the  construction  of  such  sidewalk  to  the  width  and 
upon  the  grade  and  of  the  material  as  required  by  the  city  council. 

Assessnient  to  cover  cost  of  work. 

§7.  After  the  contractor  of  any  sidewalk  work  has  fulfilled  his  con- 
tract to  the  satisfaction  of  the  superintendent  of  streets  of  said  city,  or 
city  council  on  appeal,  the  superintendent  of  streets  shall  make  an 
assessment  to  cover  the  sum  due  for  the  work  performed  and  specified 
in  said  contract  (including  any  incidental  expenses)  in  conformity  with 
the  provisions  of  the  preceding  section,  or  if  any  direction  and  decision 
be  given  by  the  city  council  on  appeal  then  in  conformity  with  such 
direction  and  decision,  which  assessment  shall  briefly  refer  to  the  con- 
tract, the  work  contracted  for  and  performed  and  shall  show  the  amount 
to  be  paid  therefor  together  with  any  incidental  expenses,  the  rate  per 
front  foot  assessed,  the  amount  of  each  assessment,  the  name  of  the 
owner  of  each  lot  or  portion  of  lot  (if  known  to  the  superintendent  of 
streets) ;  if  unknown  the  word  "unknown"  shall  be  written  opposite  the 
number  of  the  lot  and  the  amount  assessed  thereon,  the  number  of  each 
lot,  or  portion  or  portions  of  the  lot,  assessed,  and  said  assessment  shall 
have  attached  thereto  a  diagram  exhibiting  each  street  or  street  cross- 
ing, lane,  alley,  place  or  court  on  which  any  work  has  been  done  and 
showing  the  relative  location  of  each  lot  or  portion  of  lot  to  the  work 
done  numbered  to  correspond  with  the  numbers  in  the  assessment  and 
showing  the  number  of  feet  fronting  on  said  work  contracted  for  and 
performed. 


1349  STREETS.  Act  3935,  §  8 

Warrant  for  assessment.     Record  of  warrant.     Lien.     Defects  in  assess- 
ments. 

§  8.  To  said  assessment  shall  be  attached  a  warrant,  which  shall  be 
signed  by  the  superintendent  of  streets  and  countersigned  by  the  mayor 
of  said  city.  The  said  warrant  shall  be  substantially  in  the  following 
form: 

Form  of  Warrant. 
By  virtue   hereof,  I   (name   of  the   superintendent   of   streets)    of  the 

city  of  ,  county  of  (or  city  and  county  of  )   and  state  of 

California,  by  virtue  of  the  authority  vested  m  me  as  such  superin- 
tendent of  streets  do  authorize  and  empower  (name  of  contractor)'  (his 
or  their)  agents  or  assigns,  to  demand  and  receive  the  several  assess- 
ments upon  the  assessment  and  diagram  hereto  attached,  and  this  shall 
be  (his  or  their)  warrant  for  the  same. 

(Date.)  ., 

(Name  of  superintendent  of  streets.) 

Countersigned  by  , 

(Name  of  mayor.) 
Said  warrant,  assessment  and  diagram  together  with  the  certificate  of 
the  city  engineer  to  the  effect  that  the  work  has  been  performed  in 
accordance  with  the  contract  shall  be  recorded  in  the  office  of  the  said 
superintendent  of  streets.  When  so  recorded  the  several  amounts  so 
assessed  shall  be  a  lien  upon  the  lands,  lots  or  portions  of  lots  assessed 
respectively  for  the  period  of  two  years  from  the  date  of  said  recording 
unless  sooner  discharged;  and  from  and  after  the  date  of  said  recording 
of  any  certificate,  assessment,  diagram  and  warrant  all  persons  shall  be 
deemed  to  have  notice  of  the  contents  of  the  record  thereof.  After  said 
warrant,  assessment,  diagram  and  certificate  are  recorded,  the  same  shall 
be  delivered  to  the  contractor,  or  his  agent  or  assigns,  but  not  until  after 
the  payment  to  the  superintendent  of  streets  of  the  incidental  expenses 
not  previously  paid;  and  by  virtue  of  said  warrant  said  contractor,  or 
his  agent  or  assigns,  shall  be  authorized  to  demand  and  receive  the 
amount  of  the  several  assessments  made  to  cover  the  sum  due  for  the 
work  specified  in  the  contract  and  assessment.  Whenever  it  shall  appear 
by  any  final  judgment  of  any  court  in  this  state  that  any  suit  brought  to 
foreclose  the  lien  of  any  sum  of  money  assessed  to  cover  the  expense  of 
such  sidewalk  work  done  under  the  provisions  of  this  act  has  been  de- 
feated by  reason  of  any  defect,  error,  informality,  omission,  irregularity 
or  illegality  in  any  assessment  hereafter  to  be  made  and  issued  or  in 
the  recording  thereof,  or  in  the  return  thereof,  made  to  or  recorded  by 
said  superintendent  of  streets,  any  person  interested  therein  may  at  any 
time  within  three  months  after  the  entry  of  said  final  judgment  apply 
to  said  superintendent  of  streets,  who  issued  the  same,  or  to  any  super- 
intendent of  streets  at  the  time  of  said  application,  for  another  assess- 
ment to  be  issued  in  conformity  to  law;  and  said  superintendent  of  streets 
shall  within  fifteen  days  after  the  date  of  said  application  make  and 
deliver  to  said  applicant  a  new  assessment,  diagram  and  warrant  in 
accordance  with  law,  and  the  then  mayor  shall  countersign  the  same  as 


Act  3935,  §§  9,  10  GENERAL  LAWS.  1350 

now  provided  by  law,  which  assessment  shall  be  a  lien  for  the  period 
of  t"wo  years  from  the  date  of  said  assessment  and  be  enforced  as  pro- 
vided by  this  act. 

Demands  upon  persons  assessed.     Unknown  owners.     Return  of  warrant. 

Lost  warrants. 

§9.  The  contractor,  or  his  assigns,  or  some  person  in  his  or  their 
behalf,  shall  call  upon  the  persons  assessed,  or  their  agents,  if  they  can 
conveniently  be  found,  and  demand  payment  of  the  respective  amounts 
assessed  to  each.  If  any  payment  be  made,  the  contractor,  his  assigns 
or  some  person  in  his  or  their  behalf,  shall  receipt  for  the  same  upon  the 
assessment  in  presence  of  the  person  making  such  payment  and  shall 
also  give  a  separate  receipt,  if  demanded.  Whenever  the  person  so 
assessed,  or  his  or  their  agents,  cannot  conveniently  be  found,  or  when- 
ever the  name  of  the  owner  of  the  lot  is  stated  as  "unknown"  on  the 
assessment,  then  the  said  contractor,  or  his  assigns  or  some  person  in  his 
or  their  behalf,  shall  publicly  demand  payment  on  the  premises  assessed. 
The  warrant  shall  be  returned  to  the  superintendent  of  streets  within 
thirty  days  after  its  date  with  a  return  indorsed  thereon  signed  by  the 
contractor,  or  his  assigns  or  some  person  in  his  or  their  behalf,  verified 
upon  oath,  stating  the  nature  and  character  of  the  demand  and  whether 
any  of  the  assessments  remain  unpaid  in  whole,  or  in  part,  and  the 
amount  thereof.  Thereupon  the  superintendent  of  streets  shall  record 
the  return  go  made  in  the  margin  of  the  record  of  the  warrant  and 
assessment  and  shall  also  record  the  original  contract  referred  to  therein 
if  it  has  not  already  been  recorded  in  full  length  in  a  book  to  be  kept 
for  that  purpose  in  his  office  and  shall  sign  the  record.  The  superin- 
tendent of  streets  is  authorized  at  any  time  to  receive  the  amount  due 
upon  any  assessment-list  and  warrant  issued  by  him  and  give  a  good  and 
sufficient  discharge  therefor,  provided  that  no  such  payment  made  after 
suit  has  been  commenced  without  the  consent  of  the  plaintiff  in  the 
action  shall  operate  as  a  complete  discharge  of  the  lien  until  the  costs 
in  the  action  shall  be  refunded  to  the  plaintiff;  and  said  superintendent 
may  release  any  assessment  upon  the  books  of  his  office  on  payment  to 
him  of  the  amount  of  the  assessment  against  any  lot  with  interest  or 
on  the  production  to  him  of  the  receipt  of  the  party,  or  his  assigns,  to 
whom  the  assessment  and  warrant  were  issued;  and  if  any  contractor 
shall  fail  to  return  his  warrant  within  the  time  and  in  the  form  pro- 
vided in  this  section,  he  shall  thenceforth  have  no  lien  upon  the  prop- 
erty assessed;  provided,  however,  that  in  case  any  warrant  is  lost  upon 
proof  of  such  loss  a  duplicate  may  be  issued,  upon  which  a  return  may 
be  made  with  the  same  effect  as  if  the  original  has  been  so  returned. 
After  the  return  of  the  assessment  and  warrant  as  aforesaid  all  amounts 
remaining  due  thereon  shall  draw  interest  at  the  rate  of  ten  per  cent 
per  annum  until  paid. 

Objections  to  work  or  assessments.     Decisions  of  council  to  be  final. 

§  10.  The  owners,  whether  named  in  the  assessment  or  not,  the  con- 
tractor, or  his  assigns,  and  all  other  persons   directly  interested  in  any 


1351  STREETS.  Act  3935,  §  11 

work  provided  for  in  this  act,  or  in  the  assessment,  feeling  aggrieved 
by  any  act  or  determination  of  the  superintendent  of  streets  in  relation 
thereto,  or  who  claim  that  the  work  has  not  been  performed  according 
to  the  contract  in  a  good  and  substantial  manner,  or  having  or  making 
any  objection  to  the  correctness  or  legality  of  the  assessment  or  other 
act,  determination,  or  proceedings  of  the  superintendent  of  streets,  shall, 
within  thirty  days  after  the  date  of  the  warrant,  appeal  to  the  city 
council,  as  provided  in  this  section,  by  briefly  stating  their  objections  in 
writing,  and  filing  the  same  with  the  clerk  of  said  city  council.  Notice 
of  the  time  and  place  of  hearing,  briefly  referring  to  the  work  con- 
tracted to  be  done,  or  other  subject  of  appeal,  and  to  the  acts,  deter- 
minations, or  proceedings  objected  to  or  complained  of,  shall  be  pub- 
lished for  five  daj^s.  Upon  such  appeal,  the  said  city  council  may 
remedy  and  correct  any  error  or  informality  in  the  proceedings,  and 
revise  and  correct  any  of  the  acts  or  determinations  of  the  superintendent 
of  streets  relative  to  said  work;  may  confirm,  amend,  set  aside,  alter, 
modify,  or  correct  the  assessment  in  such  manner  as  to  them  shall  seem 
just,  and  require  the  work  to  be  completed  according  to  the  directions 
of  the  city  council;  and  may  instruct  and  direct  the  superintendent  of 
streets  to  correct  the  warrant,  assessment,  or  diagram  in  any  particular, 
or  to  make  and  issue  a  new  warrant,  assessment  and  diagram,  to  con- 
form to  the  decisions  of  said  city  council  in  relation  thereto,  at  their 
option.  All  the  determinations  and  decisions  of  said  city  council,  upon 
notice  and  hearing  as  aforesaid,  shall  be  final  and  conclusive  upon  all 
persons  entitled  to  appeal  under  the  provisions  of  this  section,  as  to  all 
errors,  informalities  and  irregularities  which  said  city  council  might  have 
remedied  and  avoided;  and  no  assessment  shall  be  "held  invalid,  except 
upon  appeal  to  the  city  council,  as  provided  in  this  section,  for  any 
error,  informality,  or  other  defect  in  any  of  the  proceedings  prior  to 
the  assessment,  or  in  the  assessment  itself,  where  the  resolution  of  in- 
tention of  the  city  council  to  order  the  work  to  be  done,  for  which  the 
assessment  is  made,  has  been  actually  published  in  any  designated  news- 
paper of  said  city  for  the  length  of  time  prescribed  by  law,  before  the 
passage  of  the  resolution  ordering  the  work  to  be  done. 

Unpaid    assessmentSj    suits   for.     Evidence.    Power   of    court.     Eule    of 

practice. 

§  11.  At  any  time  after  the  period  of  thirty-five  days  from  the  day 
of  the  date  of  the  warrant,  as  herein  provided,  or  if  an  appeal  is  taken 
to  the  city  council,  as  provided  in  section  10  of  this  act,  at  any  time 
after  five  days  from  the  decision  of  said  council,  or  after  the  return  of 
the  warrant  or  assessment,  after  the  same  may  have  been  corrected, 
altered  or  modified,  as  provided  in  said  section  10  (but  not  less  than 
thirty-five  days  from  the  date  of  the  warrant),  the  contractor,  or  his 
assignee,  may  sue,  in  his  own  name,  the  owner  of  the  land,  lots  or  por- 
tions of  lots,  assessed  on  the  day  of  the  date  of  the  recording  of  the 
warrant,  assessment  and  diagram,  or  any  day  thereafter  during  the 
continuance  of  the  lien  of  said  assessment,  and  recover  the  amount  of 
any  assessment  remaining  unpaid,  with  interest  thereon  at  the  rate  of 


Act  3935,  §  12  GENERAL  LAWS.  1353 

ten  per  cent  per  annum  until  paid.  Suit  may  be  brought  in  the  superior 
court  within  whose  jurisdiction  the  city  is  in  which  said  work  has  been 
done,  and  in  case  of  any  assessment  made  against  lots,  portions  of  lots, 
or  lands,  if  the  owners  thereof  cannot,  with  due  diligence  be  found,  the 
service  in  each  of  such  actions  may  be  had  in  such  manner  as  is  pre- 
scribed in  the  codes  and  laws  of  this  state.  The  said  warrant,  as- 
sessment, certificate  and  diagram,  with  the  afl&davit  of  demand  and 
nonpayment,  shall  be  held  prima  facie  evidence  of  the  regularity  and 
correctness  of  the  assessment  and  of  the  prior  proceedings  and  acts  of 
the  superintendent  of  streets  and  city  council  upon  which  said  assess- 
ment, warrant  and  diagram  are  based,  and  like  evidence  of  the  right  of 
the  plaintiif  to  recover  in  the  action.  The  court  in  which  said  suit  shall 
be  commenced  shall  have  power  to  adjudge  and  decree  a  lien  against 
the  premises  assessed,  and  to  order  such  premises  to  be  sold  on  execution, 
as  in  other  cases  of  the  sale  of  real  estate  by  the  process  of  said  courts; 
and  on  appeal  the  appellate  courts  shall  be  vested  with  the  same  power 
to  adjudge  and  decree  a  lien  and  to  order  such  premises  to  be  sold  on 
execution  or  decree  as  is  conferred  on  the  court  from  which  an  appeal 
is  taken.  Such  premises,  if  sold,  may  be  redeemed  as  in  other  cases. 
In  all  suits  brought  to  recover  sidewalk  assessments,  the  proceedings 
therein  shall  be  governed  and  regulated  by  the  provisions  of  this  act, 
and  also,  when  not  in  conflict  herewith,  by  the  codes  of  this  state.  This 
act  shall  be  liberally  construed  to  effect  the  ends  of  justice  and  to 
promote  the  objects  of  the  act.  No  error,  or  irregularity,  or  departure, 
or  difference,  in  procedure  from  those  specified  in  this  act,  which  does 
not  cause  a  substantial  loss  or  detriment  to  the  property  owner  whose 
property  is  assessed,  shall  affect  the  legality  of  the  proceedings,  or  the 
validity  of  the  lien  provided  by  this  act. 

Repairs  to  sidewalks.     Failure  to  repair,  a  misdemeanor.    Property  liable 

for  repairs. 

§  12.  When  any  sidewalk  constructed  on  any  street,  avenue,  lane, 
alley,  court  or  place  shall  be  out  of  repair  or  needing  reconstruction  and 
in  a  condition  to  endanger  persons  or  property  passing  thereon,  or  to 
interfere  with  the  public  convenience  in  the  use  thereof,  it  shall  be  the 
duty  of  the  superintendent  of  streets,  by  notice  in  writing  delivered  to 
the  owner  of  the  adjoining  premises,  or  to  their  agents,  personally,  or 
left  on  the  premises,  to  require  the  owners  or  occupants  of  lots,  or 
portions  of  lots,  fronting  on  said  sidewalk  and  on  the  same  side  of  the 
street  where  said  sidewalk  is  located,  to  repair  or  reconstruct  said  side- 
walk, or  to  do  both,  forthwith,  and  said  superintendent  of  streets  shall 
particularly  specify  in  said  notice  what  work  is  required  to  be  done 
and  how  the  same  is  to  be  done  and  what  kind  of  material  shall  be  used 
in  said  repairs  or  reconstruction  or  both.  If  said  repairs  or  reconstruc- 
tion be  not  commenced  within  three  days  after  notice  given  as  aforesaid 
and  diligently  and  without  interruption  prosecuted  to  completion,  the 
owners  or  occupants  of  said  lots  having  been  given  notice  as  aforesaid 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  subject  to  a  fine  not  exceeding  two  hundred  dollars  or  imprison- 


1353  STREETS.  Act  3935,  §§  13,  14 

ment  in  the  city  jail  not  exceeding  one  hundred  days,  or  both  such  fine 
and  imprisonment,  and  the  said  superintendent  of  streets  may,  if  said 
rei^airs  or  reconstruction  be  not  commenced  within  three  days  after 
notice  given  as  aforesaid,  under  authority  from  the  city  council,  make 
such  repairs  or  reconstruction,  or  both,  and  enter  into  a  contract  with 
any  suitable  person  for  that  purpose,  at  the  expense  of  the  owner  or 
occupant,  after  the  specifications  for  doing  said  work  shall  have  been 
conspicuously  posted  by  him  in  his  office  for  two  days  inviting  bids  for 
the  doing  of  said  work,  which  bids  shall  be  delivered  to  him  at  his  office 
on  or  before  the  second  day  of  said  posting  and  opened  by  him  on  the 
next  day  following  said  two  days  of  posting,  and  the  contract  shall  by 
him  be  awarded  to  the  lowest  bidder  if  such  lowest  bid  in  the  judgment 
of  such  street  superintendent  shall  be  reasonable.  All  of  such  bids 
shall  be  preserved  in  his  office  and  open  at  all  times  after  the  letting  of 
the  contract  to  the  inspection  of  all  persons,  and  the  owner  or  occupant 
of  the  lots  fronting  on  said  sidewalk  and  on  the  same  side  of  the  street 
shall  be  liable  to  pay  such  contract  price.  Said  work  of  reconstruction 
or  repair  shall  be  commenced  within  twenty-four  hours  after  the  con- 
tract shall  have  been  signed  and  completed  without  delay  to  the  satis- 
faction of  the  said  superintendent  of  streets.  Upon  the  completion  of 
said  repairs  or  reconstruction  to  the  satisfaction  of  the  superintendent  of 
streets,  he  shall  make  and  deliver  to  the  contractor  a  certificate  to  the 
effect  that  said  repairs  or  reconstruction  have  been  properly  made  by 
said  contractor  and  that  the  charges  for  the  same  are  reasonable  and 
just  and  that  he,  the  said  superintendent  of  streets,  has  accepted  the 
same.  Said  certificate  shall  describe  the  property  liable  for  the  payment 
for  said  repairs  or  reconstruction  and  said  certificate  shall  be  recorded 
in  a  book  kept  in  the  office  of  the  superintendent  of  streets  for  that 
purpose  and  shall  constitute  a  lien  on  the  said  property  liable  for  the 
payment  of  said  repairs  or  reconstruction.  If  the  expense  of  such  repair 
or  reconstruction  after  the  completion  thereof  and  the  delivery  by  the 
superintendent  of  streets  to  the  contractor  of  said  certificate  be  not  paid 
to  the  contractor,  or  his  agent  or  assignee,  on  demand,  the  said  con- 
tractor, or  his  assignee,  shall  have  the  right  to  sue  such  owner  or  occu- 
pant of  such  lands  for  the  amount  contracted  to  be  paid  and  to  fore- 
close and-  enforce  the  lien  therefor  the  same  as  provided  herein  for  fore- 
closures and  enforcements  of  the  liens  in  other  cases. 

Cumulative  powers  of  council. 

§  13.  In  addition  to  the  other  remedies  herein  given  and  as  cumu- 
lative thereto  the  city  council  shall  have  power  to  prescribe  the  penalties 
that  shall  be  incurred  by  any  owner  or  person  liable  or  neglecting  or 
refusing  to  make  repairs  or  reconstruction  of  sidewalks  when  required 
as  provided  by  this  act. 

"Owner"  defined. 

§  14.  The  person  owning  the  fee  or  the  person  in  whom  on  the  day 
the  action  is  commenced  appears  the  legal  title  to  the  lots  or  lands  by 
deeds  duly  recorded  in  the  county  recorder's  office  of  the  county,  or  the 


Act  3935,  §§  15-17  GENERAL  LAWS.  1354 

person  in  possession  of  lands,  lots,  or  portions  of  lots,  or  buildings,  under 
claim  or  exercising  acts  of  ownership  over  the  same  for  himself,  or  as 
executor,  administrator,  guardian  or  trustee  of  the  owner,  shall  be  re- 
garded and  treated  and  deemed  to  be  the  "owner"  according  to  the 
intent  and  meaning  of  that  word  as  used  in  this  act,  and  in  case  of 
leased  property  the  possession  of  the  tenant  or  lessee  holding  and 
occupying  under  such  persons  shall  be  deemed  to  be  the  possession  of 
such  owner. 

Lessees  and  tenants,  rights  of. 

§  15.  Any  tenant  or  lessee  of  the  lands  or  lots  liable  for  assessment 
under  this  act  may  pay  the  amount  assessed  against  the  property  of 
which  he  is  such  tenant  or  lessee  and  may  deduct  the  amount  so  paid 
from  the  rents  due  and  to  become  due  from  him,  and  he  shall  have  a 
lien  upon  and  may  retain  possession  of  the  lands  and  lots  until  the 
amount  so  paid  by  him  shall  be  satisfied  with  legal  interest  from  accru- 
ing rents,  or  by  payment  by  the  owner. 

Records  of  superintendent,  force  of. 

§  16.  The  records  kept  by  the  superintendent  of  streets  in  conformity 
with  the  provisions  of  this  act  and  signed  by  him  shall  have  the  same 
force  and  effect  as  other  public  records,  and  copies  therefrom  duly  cer- 
tified may  be  used  in  evidence  with  the  same  effect  as  the  originals. 
Said  records  shall  during  all  office  hours  be  open  to  the  inspection  of 
any  citizen  wishing  to  examine  them,  free  of  charge. 

Notices,  service  of.    Engineering  and  surveying  by  whom  done. 

§  17.  Notices  in  writing,  which  are  required  to  be  given  or  posted 
by  the  superintendent  of  streets  under  the  provisions  of  this  act,  may 
be  served  or  posted  by  any  person  with  the  permission  of  the  super- 
intendent of  streets,  or  such  notices  may  be  given,  served  or  posted  by 
the  superintendent  of  streets  personally.  A  record  of  the  fact  of  the 
giving,  service  and  posting  of  such  notices  shall  be  kept  in  the  office  of 
the  superintendent  of  streets.  The  superintendent  of  streets  shall  keep 
a  public  office  in  some  convenient  place  within  the  municipality  and 
keep  therein  such  records  as  may  be  required  by  the  provisions  of  this 
act.  The  city  engineer,  or  where  there  is  no  city  engineer  the  county, 
or  city  and  county,  surveyor  shall  be  the  proper  officer  to  do  the  survey- 
ing and  other  engineering  work  to  be  done  under  this  act,  and  to  survey 
and  measure  the  work  to  be  done  under  contracts  let  under  this  act, 
and  to  estimate  the  costs  and  expenses  thereof  and  every  certificate 
signed  by  him  in  his  official  character  shall  be  prima  facie  evidence  in 
all  courts  of  this  state  of  the  truth  of  its  contents.  He  shall  keep  a 
record  of  surveys  made  under  the  provisions  of  this  act  as  in  other 
cases.  In  any  city  where  there  is  no  city  engineer,  the  city  council  is 
hereby  authorized  to  appoint  a  suitable  person  to  discharge  the  duties 
herein  laid  down  as  those  of  city  engineer  and  all  the  provisions  hereof 
applicable  to  the  city  engineer  shall  apply  to  such  person  so  appointed. 
Said  city  council  is  hereby  empowered  to  fix  his  compensation  for  such 
services. 


1355  STREETS.  Act  3935,  §§  18,  19 

Definitions  of  certain  terms. 

§  18.  Oue — The  term  "incidental  expenses"  as  used  in  this  act  shall 
include  the  compensation  of  the  city  engineer  for  work  done  by  him; 
also,  the  cost  for  posting,  printing  and  advertising  as  provided  in  this 
act;  also,  the  compensation  of  superintendents  for  the  work.  All  de- 
mands for  incidental  expenses  shall  be  presented  to  the  superintendent  of 
streets  by  itemized  bill  duly  verified  by  oath  of  the  demandant. 

Two — The  word  "municipality"  and  the  word  "city"  as  used  in  this 
act  shall  be  understood  and  construed  to  include  all  corporations  hereto- 
fore organized  and  now  existing  and  those  which  may  hereafter  be  organ- 
ized for  municipal  purposes. 

Three — The  word  "street"  as  used  in  this  act  shall  be  deemed  to 
include  avenues,  highways,  lanes,  alleys,  courts  and  places. 

Four — The  terms  "street  superintendent"  and  "superintendent  of 
streets"  as  used  in  this  act  shall  be  construed  to  include  any  person  or 
ofiicer  whose  duty  it  is  under  the  law  to  have  the  care  or  charge  of  the 
streets  or  the  improvement  thereof  in  any  city.  In  any  city  where  there 
is  no  street  superintendent  or  superintendent  of  streets,  the  city  council 
is  hereby  authorized  to  appoint  a  suitable  person  to  discharge  the  duties 
of  the  superintendent  of  streets  or  street  superintendent  as  specified  in 
this  act  and  all  provisions  hereof  applicable  to  the  street  superintendent 
or  superintendent  of  streets  shall  apply  to  the  person  so  appointed. 

Five — The  term  "city  council"  as  used  in  this  act  is  hereby  declared 
to  include  any  body  or  board  which,  under  the  law,  is  the  legislative 
department  of  the  government  of  any  city. 

Six — In  municipalities  in  which  there  is  no  mayor  the  duties  imposed 
upon  such  officer  by  the  provisions  of  this  act  shall  be  performed  by  the 
president  of  the  board  of  trustees  or  other  chief  executive  officer  of  the 
municipality. 

Seven — The  term  "clerk"  or  "city  clerk"  as  used  in  this  act  is  hereby 
declared  to  include  any  person  or  officer  who  shall  be  clerk  of  the  board 
which  constitutes  the  legislative  department  of  the  government  of  the 
city. 

Curbing  may  be  included. 

§  19.  Whenever  in  the  opinion  of  the  city  council  it  shall  be  con- 
venient or  proper  so  to  do,  said  city  council  may  in  its  discretion  include 
under  any  proceedings  taken  under  this  act  the  construction  of  curbing 
as  well  as  the  construction  of  sidewalks,  or  the  city  council  may  pro- 
vide for  the  construction  of  curbing  without  the  construction  of  side- 
walks; and  all  the  provisions  of  this  act  whenever  the  city  council  shall 
elect  to  proceed  thereunder  to  provide  for  the  construction  of  curbing 
shall  apply  as  fully  to  all  such  proceedings  and  to  the  work  done  there- 
under and  to  the  assessments  made  for  the  expense  of  the  work  and  to 
the  lien  therefor  as  inUy  as  if  this  act  specifically  and  particularly  re- 
lated in  each  instance  to  the  construction  of  curbing.  As  to  the  con- 
struction of  curbing  within  municipalities  this  act  shall  be  construed  as 
a  new,  distinct  and  independent  method  of  procedure  and  assessment 
from  any  provided  in  any  act  or  acts  in  force  at  the  time  this  act  shall 


Act  3936  GENERAL  LAWS.  1356 

take  effect,  whieli  method  of  procedure  and  assessment  so  provided  by 
this  act  may  as  to  the  construction  of  curbing  be  followed  by  the  city 
council  if  it  elects  so  to  do.  Nothing  in  this  act,  however,  shall  be 
construed  as  preventing  the  construction  of  curbing  and  the  levy  and 
collection  of  assessments  for  the  expense  thereof  under  the  provisions  of 
"An  act  to  provide  for  work  upon  streets,  lanes,  alleys,  places,  courts, 
and  sidewalks  and  for  the  construction  of  sewers  within  municipalities," 
approved  March  18,  1885,  and  the  several  acts  amendatory  thereof  and 
supplemental  thereto. 

Repeal  of  certain  acts. 

§  20.  This  act  shall  be  deemed  as  a  repeal  of  "An  act  to  provide  fbr 
work  upon  streets,  lanes,  alleys,  places,  courts  and  sidewalks  and  for  the 
construction  of  sewers  fvithin  municipalities,"  approved  March  18,  1885, 
and  the  several  acts  amendatory  thereof  and  supplemental  thereto  so 
far  as  said  act  and  the  several  acts  amendatory  thereof  and  supplemental 
thereto  relate  to  sidewalks  and  the  construction  thereof,  and  to  the  assess- 
ments to  be  made  and  the  enforcement  of  payments  for  the  expense  of 
the  construction  of  such  sidewalks,  but  as  to  all  other  street  work  and 
street  improvement  said  act  approved  March  18,  1835,  and  the  several 
acts  amendatory  thereof  and  supplemental  thereto  shall  not  be  deemed 
as  repealed,  amended  or  affected  by  this  act. 

ACT  3936. 

An  act  to  provide  for  changing  or  modifying  the  grade  of  public  streets, 

lanes,  alleys,  courts,  or  other  places,  within  municipalities. 

[Approved  April  21,  1909.     Stats.  1909,  p.  1018.] 

Power  of  city  council  to  change  grade. 

§  1.  The  city  council  of  any  city  is  hereby  empowered  to  change  or 
modify  the  grade  of  public  streets,  lanes,  alleys,  courts,  or  other  places 
therein,  in  the  manner  hereinafter  provided. 

Resolution  of  intention.    Publication  of  notice.     Posting  of  notice. 

§2.  Before  any  change  or  modification  of  grade  is  ordered,  the  city 
council  shall  pass  an  ordinance  or  resolution  of  intention  to  order  such 
change  or  modification  of  grade.  Said  ordinance  or  resolution  of  inten- 
tion shall  state  the  name  of,  or  otherwise  designate  the  public  street, 
lane,  alley,  court  or  other  place  the  grade  of  which,  or  any  portion 
thereof,  is  proposed  to  be  changed  or  modified,  and  shall  set  forth  the 
change  or  modification  of  grade  proposed  to  be  made.  One  or  more 
public  streets,  alleys,  lanes,  courts,  or  other  places,  or  portions  thereof, 
may  be  included  in  the  same  ordinance  or  resolution  of  intention.  Said 
ordinance  or  resolution  of  intention  shall  be  posted  conspicuously  for 
two  days  on  or  near  the  chamber  door  of  said  city  council,  and  published 
by  two  insertions  in  a  daily  or  weekly  newspaper  published  and  circu- 
lated in  said  city,  and  designated  by  said  council  for  that  purpose.  If 
no  such  newspaper  is  published  and  circulated  in  said  city,  such  ordi- 
nance or  resolution  of  intention  shall  be  posted  for  tTvo  days  on  or  near 
the  council  chamber  door,  and  in  two  other  public  places  in  said  city. 


1357  STREETS.  Act  3936,  §  3 

The  street  superintendent  shall  thereupon  cause  to  be  conspicuously 
posted  along  all  public  streets,  lanes,  alleys,  courts,  or  other  places,  or 
portions  thereof  designated  in  the  said  ordinance  or  resolution  of  inten- 
tion, where  such  change  or  modification  of  grade  is  proposed  to  be  made, 
at  not  more  than  one  hundred  feet  in  distance  apart,  notices,  but  not 
less  than  three  in  all,  of  the  passage  of  said  ordinance  or  resolution  of 
intention.  Said  notice  shall  be  headed  "Notice  of  Change  of  Grade," 
in  letters  of  not  less  than  one  inch  in  length,  and  shall  in  legible  char- 
acters state  the  fact  of  the  passage  of  the  said  ordinance  or  resolution 
of  intention,  its  date,  the  name  or  other  designation  of  the  public  street, 
lane,  alley,  court,  or  other  place,  or  portion  thereof,  the  grade  of  which 
is  proposed  to  be  changed  or  modified,  and  shall  refer  to  the  ordinance 
or  resolution  of  intention  for  further  particulars.  He  shall  also  cause  a 
notice  similar  in  substance  to  be  published  for  six  days  in  a  daily  news- 
paper published  and  circulated  in  said  city,  and  designated  by  said  city 
council  for  that  purpose,  or  in  cities  where  there  is  no  daily  newspaper, 
by  two  insertions  in  a  weekly  newspaper  so  published,  circulated  and 
designated.  In  case  there  is  no  daily  or  weekly  newspaper  published  in 
said  city,  said  notice  shall  be  posted  for  six  days  on  or  near  the 
chamber  door  of  said  council,  and  in  two  other  public  places  in  said  city. 

Protest  of  owners.     Findings  of  council.    Intersecting  streets;  protests. 

§  3.  Any  person  or  persons  owning  any  real  property  fronting  upon 
any  public  street,  lane,  alley,  court  or  other  place,  or  portion  thereof, 
where  such  change  or  modification  of  grade  is  proposed  to  be  made,  may, 
within  thirty  days  after  the  first  publication  of  the  notice  of  the  passage 
of  the  ordinance  or  resolution  of  intention,  or  within  thirty  days  after 
the  first  posting  thereof,  where  no  publication  thereof  is  made,  as  here- 
inbefore provided,  file  a  written  protest  with  the  clerk  of  the  city 
council  against  such  proposed  change  or  modification  of  grade.  Every 
such  protest  must  contain  a  description  of  the  property  owned  by  each 
signer  thereof,  sufficient  to  identify  the  same,  and  if  signed  by  more 
than  one  person,  must  be  accompanied  by  the  affidavit  of  one  of  the 
signers  that  each  signature  thereto  is  the  genuine  signature  of  the  person 
whose  name  purports  to  be  thereto  subscribed;  and  in  case  any  signature 
is  made  by  an  agent,  there  must  be  attached  to  the  protest  the  affidavit 
of  the  agent  that  he  is  duly  authorized  to  sign  such  protest.  Any  pro- 
test not  complying  with  the  foregoing  requirements  shall  not  be  con- 
sidered by  said  city  council.  The  clerk  of  the  city  council  shall  indorse 
on  every  such  protest  the  date  of  its  reception  by  him;  and  at  the  next 
regular  meeting  of  the  city  council  after  the  expiration  of  the  time  for 
filing  protests,  shall  present  to  said  city  council  all  protests  so  filed  with 
him.  If  the  city  council  finds  that  such  protests  are  signed  by  the 
owners  of  a  majority  of  the  frontage  of  the  property  fronting  on  the 
public  street,  lane,  alley,  court,  or  other  place,  or  portion  thereof  where 
such  change  or  modification  of  grade  is  proposed  to  be  made,  all  further 
proceedings  under  said  ordinance  or  resolution  of  intention  shall  be 
stayed  and  barred  for  six  months  from  and  after  the  filing  of  such 
majority  protests,  except  as  hereinafter  provided,  unless  the  owners  of 


Act  3936,  S  3  GENERAL  LAWS.  1358 

a  majority  of  such  frontage  shall  in  the  mean  time  petition  the  same 
change  or  modification  of  grade  to  be  made;  but  a  new  ordinance  or 
resolution  of  intention  to  make  a  different  change  or  modification  of 
grade  of  such  public  street,  lane,  alley,  court,  or  portion  thereof,  may 
be  passed  at  any  time. 

In  the  event  that  the  ordinance  or  resolution  of  intention  designates 
any  public  street,  lane,  alley,  court  or  other  place,  or  portion  thereof, 
the  grade  of  which  is  proposed  to  be  changed  or  modified,  and  there 
be  included  in  said  ordinance  or  resolution  of  intention  any  other  public 
street,  lane,  alley,  court  or  other  place,  or  portion  thereof,  intersecting 
therewith  or  terminating  therein,  the  grade  of  which  is  also  proposed  to 
be  changed  or  modified,  the  change  or  modification  of  grade  of  such 
public  street,  lane,  alley,  court  or  other  place,  and  of  such  other  public 
street,  lane,  alley,  court  or  other  place  or  portion  thereof,  so  intersecting 
or  terminating,  shall  not  be  stayed  or  barred  by  any  protests,  made  and 
filed  as  hereinbefore  provided,  unless  such  protest  be  signed  by  the  own- 
ers of  a  majority  of  the  total  frontage  of  the  property  fronting  on  all 
such  public  streets,  lanes,  alleys,  courts  or  other  places,  or  portions 
thereof,  where  such  change  or  modification  of  grade  is  proposed  to  be 
made.  If  the  city  council  finds  that  such  protests  are  not  signed  by  the 
owners  of  a  majority  of  the  property  fronting  on  the  public  street,  lane, 
alley,  court  or  other  place,  or  portion  thereof,  where  such  change  or  modi- 
fication of  grade  is  proposed  to  be  made,  or  if  the  proposed  change  or 
modification  of  grade  extends  for  a  distance  of  not  more  than  one  block, 
and  the  grade  of  such  public  street,  lane,  alley,  court,  or  other  place,  for 
at  least  one  block  thereof  immediately  adjacent  to  such  block  where 
such  change  or  modification  of  grade  is  proposed  to  be  made,  on  each 
side  thereof,  has  already  been  established,  or  if  the  proposed  change  or 
modification  of  grade  extends  for  a  distance  of  not  more  than  one  block, 
at  the  end  of  a  public  street,  lane,  alley,  court  or  place,  and  the  grade 
thereof  for  at  least  one  block  thereof  immediately  adjacent  to  such  block 
has  already  been  established,  the  city  council  shall  thereupon  fix  a  time 
for  hearing  such  protests  not  less  than  ten  days  after  the  meeting  of  the 
council  at  which  such  time  is  so  fixed  and  shall  cause  notice  of  the  time 
and  place  of  such  hearing  to  be  published  for  two  days  in  a  daily  news- 
paper published  and  circulated  in  said  city,  or  by  one  insertion  in  a 
weekly  newspaper  so  published  and  circulated;  and  if  no  daily  or  weekly 
newspaper  be  published  and  circulated  in  said  city,  then  said  notice 
shall  be  posted  for  two  days  on  or  near  the  council  chamber  door,  and  in 
two  other  public  places  in  said  city;  and  such  publication  or  posting  shall 
be  completed  at  least  five  days  before  such  hearing.  The  city  council 
shall  hear  said  protests  at  the  time  and  place  appointed,  or  at  any  time 
to  which  the  hearing  thereof  may  be  continued,  and  pass  upon  the  same, 
and  its  decision  thereon  shall  be  final  and  conclusive.  If  such  protests 
are  sustained,  no  further  proceedings  shall  be  had  under  said  ordinance 
or  resolution  of  intention,  but  a  new  ordinance  or  resolution  of  intention 
to  make  the  same,  or  a  different  change  or  modification  of  grade  may  be 
passed  at  any  time.  If  such  protests  are  denied,  the  proceedings  shall 
continue  as  if  such  protests  had  not  been  filed. 


1359  STREETS,  Act  3936,  §§  4-6 

Jurisdiction,  when  acquired. 

§  4.  If  no  protests  are  filed  within  the  time  hereinbefore  provided,  or 
if  protests  are  filed,  and  after  hearing  are  denied,  as  hereinbefore  pro- 
vif^ed,  the  city  council  shall  acquire  jurisdiction  to  order  the  change  or 
modification  of  grade  described  in  the  ordinance  or  resolution  of  inten- 
tion to  be  made.  Having  acquired  such  jurisdiction,  the  city  council 
shall  by  ordinance  or  resolutiou,  order  the  change  or  modificntion  of  grade 
to  be  made  as  proposed  by  and  described  in  the  ordinance  or  resolution 
of  intention.  Said  ordinance  or  resolution  ordering  the  change  or  modi- 
fication of  grade  shall  be  published  by  two  insertions  in  a  daily,  or  by 
one  insertion  in  a  weekly  newspaper  published  and  circulated"  in  said 
city;  or,  if  no  such  newspaper  be  published  and  circulated  therein,  the 
same  shall  be  posted  for  two  days  on  or  near  the  council  chamber  door, 
and  in  two  other  public  places  in  said  city. 

Who  deemed  to  be  owner. 

§  5.  Except  as  otherwise  hereinafter  provided  the  person  owning  the 
fee,  or  the  person  in  whom  on  the  day  any  protest  or  petition  is  filed 
the  legal  title  to  real  property  appears,  by  deeds  duly  recorded  in  the 
county  recorder's  office  of  the  county  in  which  said  city  is  situated,  shall 
be  deemed  to  be  the  owner  thereof  for  the  purposes  of  this  act;  pro- 
vided, however,  that  any  person  in  possession  of  real  property  as  the 
executor,  administrator,  trustee,  guardian,  or  other  legal  representative 
of  the  owner,  or  any  person  in  possession  of  real  property  under  written 
contract  of  purchase  duly  recorded,  shall  be  deemed  to  be  the  owner 
thereof  for  the  purposes  of  this  act.  In  the  case  of  property  held  by 
tenancy  in  common,  if  any  cotenant  sign  a  protest  under  this  act,  only 
the  proportionate  share  of  the  frontage  thereof  represented  by  his  inter- 
est therein  shall  be  counted  in  determining  the  amount  of  frontage  rep- 
resented by  such  protest.  In  the  event  that  the  change  or  modification 
of  grade  proposed  by  the  ordinance  or  resolution  of  intention  is  only  on 
one  side  of  any  public  street,  lane,  alley,  court  or  other  place,  or  portion 
thereof,  only  the  owners  of  the  real  property  fronting  on  the  side  of 
such  public  street,  lane,  alley,  court  or  other  place,  or  portion  thereof 
where  such  change  or  modification  of  grade  is  proposed  to  be  made,  shall 
be  entitled  to  make  or  file  a  protest  under  the  provisions  of  this  act. 
If  the  grade  of  any  public  street,  lane,  alley,  court,  or  other  place,  or 
portion  thereof,  has  been  heretofore,  or  shall  be  hereafter  changed  or 
modified,  nothing  in  this  act  contained  shall  be  construed  to  prevent  any 
subsequent  change  or  changes,  modification  or  modifications  of  grade  of 
any  such  public  street,  lane,  alley,  court  or  other  place,  or  portion  thereof. 

Meanings  of  certain  words. 

§  6.  The  following  words  and  phrases,  where  used  in  this  act,  shall 
have  the  following  meanings: 

1.  The  terms  "municipality"  and  "city"  include  every  incorporated 
city,  city  and  county,  or  other  corporation  organized  for  municipal 
purposes, 

2.  The  terms  "city  council"  and  "council"  include  any  body  or  board 
in  which  by  law  is  vested  the  legislative  power  of  any  city. 


Act  3938  GENERAL  LAWS.  1360 

3.  The  terms  "clerk"  and  "city  clerk"  shall  include  any  person  or 
officer  who  shall  be  clerk  of  the  city  council. 

4.  The  term  "superintendent  of  streets"  includes  any  officer  or  board 
whose  duty  it  is  by  law  to  have  the  care  or  charge  of  streets,  or  the 
improvement  thereof,  in  any  city.  In  any  city  where  there  is  no  super- 
intendent of  streets,  or  no  such  board,  the  legislative  body  is  hereby 
authorized  to  designate  some  other  officer  to  perform  the  duties  imposed 
by  this  act  on  the  superintendent  of  streets,  and  all  the  provisions  hereof 
applicable  to  the  superintendent  of  streets  shall  apply  to  the  officer  so 
designated. 

Certain  acts  not  affected.    Intention  of  act.    Name  of  act. 

§  7.  This  act  shall  in  no  wise  affect  an  act  entitled  "an  act  to  provide 
for  work  upon  streets,  lanes,  alleys,  courts,  places  and  sidewalks,  and 
for  the  construction  of  sewers  within  municipalities,"  approved  March 
18,  1885,  or  amendments  thereto;  or  an  act  entitled  "An  act  to  amend 
an  act  'An  act  to  provide  for  work  upon  streets,  lanes,  alleys,  courts, 
places,  and  sidewalks,  and  for  the  construction  of  sewers  within  munici- 
palities,' approved  March  18,  1885,  by  adding  thereto  certain  new  and 
additional  sections,  to  provide  the  mode  of  carrying  into  effect  certain 
provisions  of  said  act  relative  to  changing  grades,"  approved  March  31, 
1891,  or  amendments  thereto,  or  any  other  acts  on  the  same  subject;  but 
is  intended  to  and  does  provide  an  alternate  system  of  proceedings  for 
changing  or  modifying  the  grades  of  public  streets,  lanes,  alleys,  courts, 
or  other  places  in  municipalities;  and  it  shall  be  within  the  discretion  of 
the  city  council  of  any  municipality  to  proceed  in  making  any  such 
change  or  modification  of  grade,  either  under  the  provisions  of  this  act, 
or  under  the  provisions  of  said  acts  hereinbefore  mentioned,  or  amend- • 
ments  thereto;  but  when  any  proceedings  are  commenced  under  this  act, 
the  provisions  of  this  act,  and  of  such  amendments  thereto  as  may  be 
hereafter  adopted,  and  no  other,  shall  apply  to  all  such  proceedings,  and 
any  provisions  contained  in  said  acts,  or  in  any  acts  in  conflict  with  the 
provisions  hereof,  shall  be  void  and  of  no  effect  as  to  the  proceedings 
commenced  under  the  provis'ions  of  this  act.  The  election  of  the  city 
council  to  proceed  under  the  provisions  of  this  act  shall  be  expressed  in 
its  ordinance  of  intention  to  order  any  change  or  modification  of  grade. 
The  provisions  of  this  act  shall  be  liberally  construed  to  promote  the 
objects  thereof.  This  act  may  be  designated  and  referred  to  as  the 
"Change  of  Grade  Act  of  1909." 

§  8.     This  act  shall  take  effect  immediately. 

TITLE  500. 
SUISUN  CITY. 
ACT  3938. 

Authorizing    and    empowering    board    of    trustees    to    grade    and    improve 
streets.     [Stats.  1871-72,  p.  658.] 
"Superseded  by  1885,  p.   147,   c.   CLTII;   and  by  the  incorporation  of  the  city 
tmder   Municiijal   Government   Act   of   1883." — Code   Commissioners'   Note. 


1361  SUMMONS— SUPERVISORS.  Acts  3943-3958 

TITLE  501. 
SUMMONS. 
ACT  3943. 

Concerning  service  of  summons  upon  absent  defendants.     [Stats.  1871-72, 
p.  392.] 
Repealed   1873-74,  p.   495. 

TITLE  502. 
SUNDAY. 
ACT  3948. 

To  proliibit  barbarous  and  noisy  amusements  on  the  Christian  Sabbath. 
[Stats.  1855,  p.  50.] 
Superseded  by  §§  299-301,  Penal  Code,  which  have  been  repealed. 

ACT  3949. 

To   provide   for   the   better   observance    of   the    Sabbath.     [Stats.    1858, 
p.  124.] 
This  act  was  declared  void  in  Ex  parte  Newman,   9   Cal.   502.     See  Ex  parte 
Andrews,   18  Cal.   679. 

ACT  3950. 

For  the  observance  of  the  Sabbath.     [Stats.  1861,  p.  655.] 
Superseded  by  Penal  Code,   §  299  et  seq.,  which  have  been  repealed. 

ACT  3951, 

To  regulate  and  provide  for  a  day  of  rest  in  certain  cases.     [Stats.  1880, 
p.  80.] 

Unconstitutional:   Ex  parte   Westerfield,   55   Cal.    550. 

This  act  forbade  baking  between  six  P.  M.   Saturday  and  six  P.  M.   Sunday, 

ACT  3952. 

To  provide  for  a  day  of  rest  from  labor.     [Stats.  1893,  p.  54.] 
This   act  provided  that  every  employee   should  be  entitled  to   one   day's  rest 
in  seven. 

TITLE  503. 
SUPERVISORS. 
ACT  3957. 

To  enable  boards  of  supervisors  to  authorize  the  employment  of  deputies 
in   certain   cases.     [Stats.   1880,   p.   27.] 
Repealed  by  the  County  Government  Acts:   See   1897,  p.  452. 

ACT  3958. 

To  enable  boards  of  supervisors  and  other  legislative  bodies  to  perform 

the  duties  prescribed  by  section  1,  article  XIV,  of  the  constitution. 

[Stats.  1881,  p.  54.] 

Citations.      Cal.  152/265,  266. 
Gen.  Laws — 86 


k 


Acts  3959-3969  GENERAL  LAWS.  1362 

"Unconstitutional  in  part:  Fitch  v.  Supervisors,  122  Cal.  285.  See  1885, 
p.  95;  San  Diego  Land  Co.  v.  National  City,  174  U.  S.  739." — Code  Commis- 
sioners'  Note. 

This  act  related  to  the  fixing  of  water  rates.     See  this  act  post,  Act  4348. 

ACT  3959. 

Authorizing  boards  of  supervisors  to  pay  exponses  of  posse  comitatus  in 
criminal  cases.     [Stats.   1880,  p.  102.] 
In  full  in  Appendix,  Penal  Code,  p.  2148. 

ACT  3960. 

To    confer   power   upon    supervisors   to    complete    sewers.     [Stats.    1881, 
p.  76.] 

Superseded  by  County  Government  Act  and  the  charter  of   San  Francisca. 

Citations.     Cal.  98/683. 

ACT  3961. 

Authorizing  any  board  of  supervisors  to  refund  the  bonded  indebtedness. 
[Stats.  1885,  p.  211.] 
Superseded  by  subd.  13,   S  25,  1897,  p.  460. 

ACT  3962. 

Authorizing    board    of    supervisors    to    transfer    certain    funds.     [Stats. 
1880,  p.  133.] 
Superseded  by  subd.   18,   §  25,  1897,  p.  463,   and  by   §§4053,   4054  of  Politi- 
cal Code. 

This  act  authorized  the  transfer  of  swamp  land  funds  to  the  general  fund. 
Citations.     Cal.  142/449,  450. 

ACT  3963. 

Empowering  boards  of  supervisors  to  levy  a  special  tax  for  the  purpose 
of  displaying  products  and  industries  of  any  county  at  domestic  or 
foreign  expositions,  for  the  purpose  of  encouraging  immigration  and 
increasing  trade  in  the  products  of  the  state.  [Stats.  1901,  p.  589.] 
See  this  act  post.  Act  4041. 

TITLE  504. 
SUPREME  COURT  COMMISSION. 
ACT  3968. 

To  provide  for  the  appointment  of  supreme  court  commissioners.     [Stats. 
1889,  p.  13.] 
Superseded  1893,  p.  1. 
Citations.     Cal.  150/320. 

ACT  3969. 

Providing  for  the  appointment  of  supreme  court  commissioners  and  their 
secretary.     [Stats.  1893,  p.  1.] 

Continued  1897,  p.  47;  c.  LII;   1899,  p.  11;   1901,  p.  273;   1903,  p.  178. 

8ee  Appendix,   Code  of  Civil  iTocedure,  p.  1959. 


I 


1863  SUPEEME    COURT    LIBRARY — SURVEYORS.     Acts  3974-3991 

TITLE  505. 
SUPEEME  COURT  LIBRARY. 
ACT  3974. 

To  provide  a  law  library  for  the  supreme  court.     [Stats.  1867-68,  p.  659.] 
Superseded  by  Political  Code,   §§  2313-2316. 

ACT  3975. 

To  authorize  the  justices  of  the  supreme  court  to  appoint  a  librarian  for 
said  court,  and  fixing  a  salary.     [Stats.  1893,  p.  132.] 

TITLE  506. 
SUPREME  COURT  REPORTER. 
ACT  3980. 

Providing    for   the    appointment    of   a    deputy    supreme    court    reporter. 
[Stats.  1881,  p.  9.] 
Repealed  1905,  p.  210. 

TITLE  507. 
SURVEYOR-GENERAL. 
ACT  3985. 

Authorizing  the   state   surveyor   general   to   furnish   his   office   anci   vault 
therein,  and  making  an  appropriation  therefor.     [Stats.  1903,  p.  252.] 

TITLE  508. 
SURVEYORS. 
ACT  3990. 

An  act  to  define  the  duties  of  and  to  license  land  surveyors.     [Approved 
March  31,  1891 .     Stats.  1891,  p.  478.] 
Amended  1903,  p.  267.     Repealed  1907,  p.  310.     See  next  act. 
Citations.     Cal.  104/67;  142/588. 

ACT  3991. 

An  act  to   define  the   duties  of  and   to  license  land   surveyor?,   and   to 

repeal  an  act  entitled,  "An  act  to  define  the  duties  of  and  to  license 

land  surveyors,"  approved  March  31,  1891.] 

[Approved  March  16,  1907.     Stats.  1907,  p.  310.] 

Requirements  to  receive  license. 

§  1.  Every  person  desiring  to  become  a  licensed  land  surveyor  in 
this  state  must  present  to  the  state  surveyor  general  of  this  state  a 
certificate  that  he  is  a  person  of  good  moral  character;  also  a  certificate 
signed  by  three  licensed  surveyors,  which  certificate  shall  set  forth  that 
the  person  named  therein  is,  in  the  opinion  of  the  person  signing  the 
same,  a  fit  and  competent  person  to  receive  a  license  as  a  land  sur- 
veyor, together  with  his  oath  that  he  will  support  the  constitution  of  this 
state  and  of  the  United  States,  and  that  he  will  faithfully  discharge  the 
duties  of  a  licensed  land  surveyor,  as  defined  in  this  act. 


Act  3991,  §§  2-8  GENERAL  LAWS.  13G4 

Surveyor  general  to  issue  license. 

§  2.  Upon  receipt  of  such  certificate  and  oath  by  the  state  surveyor 
general,  it  shall  be  his  duty  to  forthwith  issue  to  such  applicant  a 
license,  which  license  shall  set  forth  the  fact  that  the  applicant  is  a 
competent  surveyor,  or  that  he  has  had  at  least  two  years'  experience  in 
the  field  as  a  surveyor  or  assistant  surveyor. 

Contents. 

§  3.  Such  license  shall  contain  the  full  name  of  the  applicant;  the 
technical  institution  from  which  he  is  a  graduate  (if  he  be  a  graduate), 
or  if  he  is  not  a  graduate,  the  fact  must  be  stated  in  the  license;  his 
birthplace,  age,  and  to  whom  issued;  the  names  of  the  licensed  surveyors 
upon  whose  certificate  the  license  is  issued,  and  the  date  of  its  issuance. 

Lists  to  be  sent  to  county  recorders. 

§  4.  All  papers  received  by  the  state  surveyor  general  on  application 
for  licenses  shall  be  kept  on  file  in  his  office,  and  a  proper  index  and 
record  thereof  shall  be  kept  by  him,  and  a  list  of  all  licensed  land 
surveyors  shall  be  kept  by  him,  and  he  shall  monthly  transmit  to  the 
county  recorder  of  each  county  in  this  state  a  full  and  correct  list  of  all 
persons  so  licensed;  and  it  is  hereby  made  the  duty  of  such  recorders 
to  keep  such  lists  in  their  offices  in  such  way  as  they  may  be  easily 
accessible  to  all  persons. 

Seal  of  office. 

§  5.  Every  licensed  surveyor  shall  have  a  seal  of  office,  the  impression 
of  which  must  contain  the  name  of  the  surveyor,  his  principal  place  of 
business,  and  the  words  "licensed  surveyor";  and  all  maps  and  papers 
signed  by  him,  and  to  which  said  seal  has  been  attached,  shall  be  prima 
facie  evidence  in  all  the  courts  of  this  state. 

Term  of  license. 

§6.  Surveyors'  licenses  issued  in  accordance  with  this  act,  shall  re- 
main in  force  until  revoked  for  cause,  as  hereinafter  provided. 

May  administer  oaths. 

§  7.  Every  licensed  surveyor  is  authorized  to  administer  and  certify 
oaths,  when  it  becomes  necessary  to  take  testimony  to  identify  or  estab- 
lish old  or  lost  corners;  or  if  a  corner  or  monument  be  found  in  a  per- 
ishable condition,  and  it  appears  desirable  that  evidence  concerning  such 
corner  or  monument  be  perpetuated;  or  whenever  the  importance  of  the 
makes  it  desirable,  to  administer  an  oath,  for  the  faithful  performance 
of  duty,  to  his  assistants.  A  record  of  such  oaths  shall  be  preserved  as 
part  oif  the  field-notes  of  the  survey. 

Duty  of  surveyors. 

§  8.  Every  licensed  surveyor  is  hereby  authorized  to  make  surveys 
relating  to  the  sale  or  subdivision  of  lands,  the  retracing  or  establishing 
of  property  or  boundary  lines,  public  roads,  streets,  alleys,  or  trails;  and 
it  shall  be  the  duty  of  each  surveyor,  whenever  making  any  such  sur- 


1365  SURVEYORS.  Act  3991,  §§  9-11 

veys,  except  those  relating  to  the  retracing  or  subdivision  of  cemetery 
or  town  lots,  whether  the  survey  be  made  for  private  persons,  corpora- 
tions, cities,  or  counties,  to  set  permanent  and  reliable  monuments,  and 
such  monuments  must  be  permanently  marked  with  the  initials  of  the 
survej'or  setting  them. 

Record  of  surveys.     What  record  must  show. 

§9.  Within  sixty  days  after  a  survey  relating  to  the  sale  or  sub- 
division of  lands,  the  retracing  or  establishing  of  property  and  boundary 
lines,  public  roads  or  trails,  original  cemetery  or  townsites,  and  their 
subdivisions  has  been  made  by  a  licensed  surveyor,  he  shall  file  with  the 
recorder  of  the  county  in  which  such  survey  or  any  portion  thereof  lies, 
a  record  of  survey.  Such  record  shall  be  made  in  a  good  draughtsman- 
like manner,  on  one  or  more  sheets  of  firm  paper  of  the  uniform  size  of 
twenty-one  by  thirty  inches.  This  record  of  survey  shall  be  either  an 
original  plat  or  a  copy  thereof,  and  must  contain  all  the  data  necessary 
to  enable  any  competent  practical  surveyor  to  retrace  the  survey.  The 
record  of  survey  must  show:  All  permanent  monuments  set,  describing 
their  size,  kind' and  location,  with  reference  to  the  corners  which  they 
are  intended  to  perpetuate;  all  bearing  or  witness  trees  marked  in  the 
field;  complete  outlines  of  the  several  tracts  or  parcels  of  land  surveyed 
within  courses,  and  lengths  of  boundary  lines;  the  angles,  as  measured 
by  Vernier  readings,  which  the  lines  of  blocks  or  lots,  if  the  record  relate 
to  an  original  townsite  survey,  make  with  each  other  and  with  the 
center  lines  of  adjacent  streets,  alleys,  roads,  or  lanes;  the  variations 
of  the  magnetic  needle  with  which  old  lines  have  been  retraced;  the 
scale  of  the  map,  the  date  of  survey;  a  proper  connection  with  one  or 
more  points  of  an  original  or  larger  tract  of  land,  and  the  name  of  the 
same;  the  name  of  the  grant  or  grants,  or  of  the  township  and  ranges, 
within  which  the  survey  is  located;  the  signature  and  seal  of  the  sur- 
veyor; provided,  that  nothing  in  this  section  shall  require  record  to  be 
made  of  surveys  of  a  preliminary  nature,  where  no  monuments  or  corners 
are  established. 

County  recorder  to  index  records  of  surveys. 

§  10.  The  record  of  surveys  thus  filed  with  the  county  recorder  of  any 
county  must  be  by  him  pasted  into  a  stub  book,  provided  for  that  pur- 
pose, and  he  must  keep  a  proper  index  of  such  records,  by  name  of  owner, 
by  name  of  surveyor,  by  name  of  grant,  city,  or  town,  and  by  United 
States  subdivisions;  and  in  all  cases  where  such  maps,  plats,  diagrams, 
or  descriptions  are  filed  by  a  state  licensed  land  surveyor  the  county 
recorder  shall  make  no  charge  for  filing  and  indexing  such  records  of 
surveys. 

Revocation  of  licemse. 

§  11.  It  shall  be  the  duty  of  the  county  surveyor  of  each  county, 
immediately  on  ascertaining  that  any  licensed  surveyor  has  failed  to 
comply  with  the  requirements  of  this  act,  to  furnish  the  surveyor  general 
with  satisfactory  proofs  of  such  fact.     Upon  receipt  of  such  proofs,  the 


Act  3993  GENERAL  LAWS.  1366 

state  surveyor  general  must  revoke  his  license,  and  no  other  license  shall 
be  issued  to  him  within  one  year  from  such  revocation.  A  violation  of 
section  9  of  this  act  shall  be  a  misdemeanor,  and  any  person  convicted 
of  such  violation  shall  be  punished  by  a  fine  not  to  exceed  one  hundred 
dollars,  or  imprisonment  in  the  county  jail  not  exceeding  thirty  days. 

Fees  of  surveyor  general. 

§  12.  The  surveyor  general  shall  receive  a  fee  of  ten  dollars  for  each 
license,  and  five  dollars  for  each  duplicate  license,  issued  by  him;  the 
fees  so  received  to  be  paid  into  the  state  treasury  to  the  credit  of  the 
general  fund  as  provided  in  section  3574  of  the  Political  Code. 

Repeal  of  prior  acts. 

§  13.  An  act  entitled  "An  act  to  define  the  duties  of  and  to  license 
land  surveyors,"  approved  March  31,  1891,  and  all  other  acts,  and  parts 
of  acts,  in  conflict  with  this  act,  are  hereby  repealed, 

§  14.     This  act  shall  take  effect  immediately. 

TITLE  509. 
SUEVEYS. 
ACT  3993. 

An  act  to  further  perpetuate  the  markings  of  the  government  survey. 
[Approved  March  18,  1905.     Stats.  1905,  p.  102.] 

§  1.  "When  in  the  performance  of  his  official  duties  any  county  sur- 
veyor shall  find  a  government  corner  which  has  been  marked  by  any 
government  surveyor  by  placing  charcoal  in  the  ground,  or  by  a  wooden 
stake,  earth  mound,  or  other  perishable  monument,  it  shall  be  his  duty, 
to  remark  said  corner  by  placing  therein  a  monument  of  heavily  galvan- 
ized iron  pipe  or  galvanized  iron  stake  not  less  than  two  inches  in 
diameter  and  not  less  than  two  feet  long,  or  other  monument  not  less 
in  size  and  equally  imperishable. 

§  2.  All  such  monuments  located  in  public  highways  shall  be  placed 
with  the  top  not  less  than  twelve  inches  below  the  surface  of  the  ground, 
but  when  not  located  in  public  highways,  they  shall  be  placed  with  the 
top  six  inches  above  the  surface  of  the  ground.  If  the  top  of  the  monu- 
ment is  placed  above  the  ground,  it  shall  be  not  less  than  four  feet  long, 
if  of  metal. 

§3.  The  surveyor  shall  note  witness  objects  that  are  within  a  reason- 
able distance  of  any  corner,  and  state  distance  and  course  from  said 
corner,  and  record  the  same  in  a  properly  indexed  record-book  kept  in 
the  county  surveyor's  office,  which  shall  be  a  public  record. 

§4.  All  boards  of  supervisors  are  required  to  furnish  all  necessary 
pipes  or  stakes  for  monuments  for  their  respective  counties  without  cost, 
on  demand. 


1367  SUTTER  COUNTY.  Acts  3995-4004 

TITLE  510. 
SUTTEE  COUNTY. 
ACT  3995. 

Auditor  and  treasurer  of  to  cancel  certain  certificates  of  the  register 
of  the  state  land  office  and  certain  controllers'  warrants.  [Stats. 
1877-78,  p.  324.] 

ACT  3996. 

Authorizing  the  transfer  of  funds.     [Stats.  1875-76,  p.  249.] 
"Superseded  by  subd.  18,  §  25,  County  Government  Act,   1897,  p.  463." — Code 
Commissioners'  Note. 

ACT  3997. 

To  authorize  the  transfer  of  certain  funds  in.     [Stats.  1877-78,  p.  1020.] 
This  act  authorized   the  transfer  of  funds  from  the  road  district  fund  to   the 
school  fund  on  the  petition  of  a  majority  of  the  taxpayers. 

ACT  3998. 

To  provide  for  a  separate  judge  for  each  of  the  counties  of  Tuba  and 

Sutter.     [Stats.  1897,  p.  48.] 
ACT  3999. 

To  provide  for  the  protection  of  certain  lands  in  from  overflow.     [Stats. 
1867-68,  p.  316.] 
Amended  1871-72,  p.   307.      Supplemented   1871-72,  p.   734. 
"Unconstitutional   as   to   §21.      (Brandenstein  v.   Hoke,   101    Cal.   131;   Wilson 
V.    Supervisors,   47    Cal.    91." — Code    Commissioner's   Note.      See,    also.    People   T. 
Whyter,  41  Cal.  351;  Moulton  v.  Parks,  64  Cal.  166,   182. 

Citations.      Cal.  47/92 ;   51/407;   62/546;    64/179;   92/311;   131/31. 

ACT  4000. 

Authorizing  transcribing  of  records  in.     [Stats.  1858,  p.  205.] 

ACT  4001. 

Beads  and  highways  in.     [Stats.  1873-74,  p.  573.] 

Repealed   1883,  p.  5,  c.  X,    §  2. 
ACT  4002. 
School  trustees,  fi,sing  time   for   election   of.     [Stats.   1875-76,  p.   141.] 

Repealed  by  Political  Code,   §  1593,  as  amended  1893,  p.  247. 

Consult,  also,  the  following: 

ACT  4003. 

Relating   to   levee    district   No.    1.     [Approved   March   19,    1889.     Stats. 
18S9,  p.  355.] 
Amending  the   act  of   1873-74,   p.   511. 
ACT  4004. 

Eelating  to   swamp  land   district  seventy.     [Approved   March   10,  1891. 
Stats.  1891,  p.  62.] 
Amending  act  of  1877-78,  p.  580.      See  post.  Act  4008. 


Acts  4005-4020  GENERAL  LAWS.  1368 

ACT  4005. 

Amending  the  act  authorizing  supervisors  to  construct  bridge  across 
Feather  Eiver.     [Approved  March  19,  1889.     Stats.  1889,  p.  323.] 

ACT  4006. 

An  act  to  reorganize  swamp  land  district  number  seventy,  of  Sutter 
county,  and  to  provide  for  the  construction,  maintenance  and  re- 
pairs of  levees  therein.  [Approved  March  27,  1878.  Stats.  1877-78. 
p.  580.]  ' 

Amended  1891,  p.  62.     Repealed  1907,  p.  16. 

TITLE  511. 
SUTTEE  CEEEK. 
ACT  4010. 

Town  of,  incorporating.     [Stats.   1873-74,  p.   887.] 
Repealed  1875-76,  p.  40. 

ACT  4011. 

Amador  County,  preventing  hogs  and  goats  running  at  large  in.     [Stats. 
1875-76,  p.  402.] 
Repealed  1897,  p.  198. 

TITLE  512. 
SUTTEE'S  FOET. 
ACT  4016. 

To  provide  for  the  acquisition  of  Sutter's  Fort  and  appointing  trustees 
therefor.     [Stats.   1891,  p.   25.] 
Amended  1907,  p.  838. 

ACT  4017. 

For  the  appointment  of  a  guardian  of  Sutter's  Fort,  and  prescribing  his 
duties.     [Stats.  1895,  p.  56.] 
Amended  1905,  p.  171;   1909,  p.  581. 

ACT  4018. 

An  act  authorizing  the  board  of  Sutter's  Fort  trustees  to  appoint  a  gar- 
dener for  the  purpose  of  caring  for  the  grounds  around  Sutter's 
Fort,  and  providing  for  the  compensation  of  said  gardener.  [Ap- 
proved March  21,  1907.     Stats.  1907,  p.  776.] 

ACT  4019. 

An  act  providing  for  an  assistant  gardener  for  Sutter's  Fort.     [Approved 
April  14,  1909.     Stats.  1909,  p.  893.] 

ACT  4020. 

An  act  to  grant  permission  to  the  "Sacramento  Society  of  California 
Pioneers"  to  erect  a  memorial  building  on  the  grounds  of  the  Sutter's 


1369  SWAMP  AND  OVERFLOWED  LANDS.  Acts  4021-4028 

Fort  Park  in  Sacrameuto  City.     [Approved  March  15,  1907.     Stats. 
1907,  p.  296.] 

ACT  4021. 

An  act  authorizing  the  board  of  Sutter's  Fort  trustees  to  improve  a 
certain  street  in  the  city  of  Sacramento,  to  wit:  Twenty-sixth  Street 
from  the  south  line  of  K  Street  to  the  north  line  of  L  Street,  and 
to  make  an  appropriation  therefor.  [Approved  March  8,  1907. 
Stats.  1907,  p.  184.] 

TITLE  513. 
SWAMP  AND  OVERFLOWED  LANDS. 

ACT  4022. 

To  provide  for  the  proper  distribution,  in  the  several  county  treasuries, 
of  furids  arising  from  the  sale  of  swamp  lands.  [Approved  March 
28,  1874.     Stats.  1873-74,  p.  770.] 

ACT  4023. 

Fresno  and  Kern   counties,  providing  for  determining  rights  in   certain 
swamp  and  overflowed  lands  in.     [Stats.  1877-78,  p.  358.] 
Citations.     Cal.  61/192;    66/566,   568,   569. 

ACT  4024. 

State  treasury,  providing  for  payment  of  certain  controller's  swamp  land 
warrants.     [Stats.   1871-72,  p.  873.] 
This  act  pledged  payments  on  swamp  lands  to  the  redemption  of  warrants. 

ACT  4025. 

Quieting  title  to   certain   lands.     [Stats.   1873-74,   p.   803.] 
This  act  confirmed  the  title  of  certain  swamp  lands  to  J.  P.  Counts  and  Myron 
Smith. 

ACT  4026. 

Providing  for  the  dissolution  and  annulment  of  swamp  and  overflowed 
land  reclamation  districts  and  protection  districts  for  nonuser  of 
corporate  powers.     [Approved  February  17,  1899.     Stats.  1899,  p.  13.] 

ACT  4027. 

Td  declare  certain  tide  lands  public  grounds,  and  granting  the  same  to 
the  county  of  San  Mateo  in  trust  for  the  use  of  the  public.  [Ap- 
proved February  27,  1893.     Stats.  1893,  p.  42.] 

ACT  4028. 

Quitclaiming  to  the  successors  iu   interest   of  James  Bowman   all   claim 

of  the  state  in  "Water  Lot  No.  415,"  in  San  Francisco.     [Approved 

March  11,  1893.     Stats.  1893,  p.  151.] 


Acts  4029-4032  GENERAL  LAWS.  1370 

ACT  4029. 

An  act  to  determine  that  landg  of  this  state  are  swamp  and  overflowed 

when  returned  as  such  by  the  United  States  surveyor  general. 

[Approved  March  31,  1891.     Stats.  1891,  p.  221.] 

§  1.  Lands  within  this  state  which  have  been  or  may  hereafter  be 
returned  by  the  United  States  surveyor  general  as  swamp  and  overflowed 
lands,  and  shown  as  such  on  approved  township  plats,  shall,  as  soon  as 
patents  have  been  or  may  be  issued  therefor  by  this  state,  be  "held  to  be 
of  the  character  so  returned;  provided,  however,  that  nothing  herein 
contained  shall  be  construed  to  affect  the  rights  of  any  homestead  or 
pre-emption  settler  claiming  under  the  laws  of  the  United  States,  nor 
shall  it  affect  any  suit  now  pending  in  any  court  as  between  the  parties 
thereto;  provided,  that  nothing  contained  in  this  act  shall  be  construed 
to  prejudice  the  rights  of  any  settler  now  or  hereafter  located' upon  said 
lands  to  perfect  title  to  the  same,  if  permitted  under  existing  laws. 

§  2.     This  act  shall  take  effect  from  and  after  its  passage. 

ACT  4030. 

Quitclaiming  to  the  successors  in  interest  of  Sallie  C.  Perry  all  claim  of 
the  state  of  California  in  that  certain  tract  of  land  in  the  city  and 
county  of  San  Francisco  known  as  "City  Slip  Lot  number  one  hun- 
dred and  sixteen,"  and  empowering  and  directing  the  governor  to 
execute  a  deed  of  quitclaim  therefor  to  said  successors  in  interest 
of  said  Sallie  C.  Perry.  [Approved  March  9,  1893.  Stats.  1893, 
p.  102.] 

ACT  4031. 

An  act  regulating  the  sale  of  the  lands  uncovered  by  the  recession  or 

drainage  of  the  waters  of  inland  lakes,  and  unsegregated  swamp  and 

overflowed  lands,  and  validating  sales  and  surveys  heretofore  made. 

[Approved  March  24,  1893.     Stats.  1893,  p.  341.] 

Amended  1899,  p.  182. 

Citations.      Cal.  121/505;     136/492,     494,     497;     143/327,     328,     330,     332; 
150/5.      App.  5/600,    601,    603;    6/140,    708,    710,    711,    712. 

Codified  by   §§  3493m-3493t  of  Political  Code. 

ACT  4032. 

An   act   to   abolish  the  state  board   of  tide  land   commissioners,   and   to 
repeal  sections  365  and  698  of  the  Political  Code. 
[Approved  February  4,   1876.     Amendments   1875-76,  p.   15.] 
§1.     The  state  board  of  tide  land  commissioners  is  hereby  abolished. 

§2.  All  books,  maps,  papers,  and  documents  belonging  to  the  archives 
of  said  board,  and  all  other  property  of  the  state- under  its  custody,  must 
be  deposited  with  and  kept  and  preserved  by  the  surveyor  general  of 
the  state. 


1371  TAXATION.  Acts  4033-4035 

§  3.     Sections  365  and  698  of  the  Political  Code  are  hereby  repealed. 

§  4.  An  act  entitled  "An  act  supplementary  to  and  amendatory  of 
An  act  supplementary  to  and  amendatory  of  an  act  entitled  An  act  to 
survey  and  dispose  of  certain  salt  marsh  and  tide  lands  belonging  to  the 
state  of  California,"  approved  March  30,  1868,  also  an  act  approved  April 
1,  1870,  approved  March  30,  1874,  is  hereby  repealed. 

§  5.     This  act  shall  take  effect  and  be  in  force   from   and   after  its 

passage. 

ACT  4033. 

To  survey  and  dispose  of  certain  salt  marsh  and  tide  lands  belonging 
to  the  state.     [Stats.  1867-68,  p.  716.] 
Supplemented  and  amended  1860-70,  p.  541;  1873-74,  p.  858.     Was  continued 
in  force   by   §  3488,   Political  Code.      See,  however,   subd.  4  of  the  act  of  1875- 
76,   p.   15,  Act  4032,  ante.     See,   also,  Act  2858,   ante. 

TITLE  514. 
TAXATION. 
ACT  4034. 

An  act  to  authorize  the  controller  of  state  to  appoint  an  inheritance  tax 
deputy,  prescribing  his  duties,  and  making  an  appropriation  there- 
for.    [Approved  March  20,  1909.     Stats.  1909,  p.  557.] 

ACT  4035. 

An  act  to  establish  a  tax  on  gifts,  legacies,  inheritances,  bequests,  de- 
vises, successions  and  transfers,  to  provide  for  its  collection,  and  to 
direct  the  disposition  of  its  proceeds;  to  provide  for  the  enforce- 
ment of  liens  created  by  this  act  and  for  suits  to  quiet  title  against 
claims  of  lien  arising  hereunder;  to  repeal  an  act  entitled  "An  act 
to  establish  a  tax  on  collateral  inheritances,  bequests,  and  devises, 
to  provide  for  the  collection,  and  to  direct  the  disposition  of  its 
proceeds,"  approved  March  23,  1893,  and  all  amendments  thereto, 
and  all  acts  and  parts  of  acts  in  conflict  with  this  act. 

[Approved  March  20,  1905.     Stats.  1905,  p.  341.] 
Citations.      Cal.  149/523,    524,    525,    526,    528,    530;    153/39,    226,    228,    230, 
365,    717.      App.  6/745,    746,    747;    8/132,    133. 
See  Trippett  v.  State,  149  Cal.  521. 

§  1.  All  property  which  shall  pass,  by  will  or  by  the  intestate  laws 
of  this  state,  from  any  person  who  may  die  seized  or  possessed  of  the 
same  while  a  resident  of  this  state,  or  if  such  decedent  was  not  a 
resident  of  this  state  at  the  time  of  death,  which  property,  or  any  part 
thereof,  shall  be  within  this  state,  or  any  interest  therein,  or  income 
therefrom,  which  shall  be  transferred  by  deed,  grant,  sale,  or  gift,  made 
in  contemplation  of  the  death  of  the  grantor,  vendor  or  bargainor,  or 
intended  to  take  effect  in  possession  or  enjoyment  after  such  death,  to 
any  person  or  persons,  or  to  any  body  politic  or  corporate,  in  trust  or 


Act  4035,  §  2  GENERAL  LAWS,  1372 

otherwise,  or  by  reason  whereof  any  person  or  body  politic  or  corporate 
shall  become  beneficially  entitled,  in  possession  or  expectancy,  to  any 
property,  or  to  the  income  thereof,  shall  be  and  is  subject  to  a  tax  here- 
inafter provided  for,  to  be  paid  to  the  treasurer  of  the  proper  county,  as 
hereinafter  directed,  for  the  use  of  the  state;  and  such  tax  shall  be  and 
remain  a  lien  upon  the  property  passed  or  transferred  until  paid  and  the 
person  to  whom  the  property  passes  or  is  transferred  and  all  adminis- 
trators, executors,  and  trustees  of  every  estate  so  transferred  or  passed 
shall  be  liable  for  any  and  all  such  taxes  until  the  same  shall  have  been 
paid  as  hereinafter  directed.  The  tax  so  imposed  shall  be  upon  the 
market  value  of  such  property  at  the  rates  hereinafter  prescribed  and 
only  upon  the  excess  over  the  exemptions  hereinafter  granted. 

Whenever  any  person  or  corporation  shall  exercise  a  power  of  appoint- 
ment derived  from  any  disposition  of  property  made  either  before  or 
after  the  passage  of  this  act,  such  appointment  when  made  shall  be 
deemed  a  transfer  taxable  under  the  provisions  of  this  act  in  the  same 
manner  as  though  the  property  to  which  such  appointment  relates  be- 
longed absolutely  to  the  donee  of  such  power  and  had  been  bequeathed 
or  devised  by  such  donee  by  will;  and  whenever  any  person  or  corpora- 
tion possessing  such  a  power  of  appointment  so  derived  shall  omit  or 
fail  to  exercise  the  same  within  the  time  provided  therefor,  in  whole 
or  in  part,  a  transfer  taxable  under  the  provisions  of  this  act  shall  be 
deemed  to  take  place  to  the  extent  of  such  omissions  or  failure,  in  the 
same  manner  as  though  the  persons  or  corporations  thereby  becoming 
entitled  to  the  possession  or  enjoyment  of  the  property  to  which  such 
power  related  had  succeeded  thereto  by  a  will  of  the  donee  of  the  power 
failing  to  exercise  such  power,  taking  effect  at  the  time  of  such  omission 
or  failure. 

§  2.  When  the  property  or  any  beneficial  interest  therein  so  passed 
or  transferred  exceeds  in  value  the  exemption  hereinafter  specified  and 
shall  not  exceed  in  value  twenty-five  thousand  dollars  the  tax  hereby 
imposed  shall  be: 

(1.)  Where  the  person  or  persons  entitled  to  any  beneficial  interest  in 
such  property  shall  be  the  husband,  wife,  lineal  issue,  lineal  ancestor 
of  the  decedent,  or  any  child  adopted  as  such  in  conformity  with  the 
laws  of  this  state,  or  any  child  to  whom  such  decedent  for  not  less  than 
ten  years  prior  to  such  transfer  stood  in  the  mutually  acknowledged 
relation  of  a  parent,  provided,  however,  such  relationship  began  at  or 
before  the  child's  fifteenth  birthday,  and  was  continuous  for  said  ten 
years  thereafter,  or  any  lineal  issue  of  such  adopted  or  mutually  ac- 
knowledged child,  at  the  rate  of  one  per  centum  of  the  clear  value  of 
such  interest  in  such  property. 

(2.)  Where  the  person  or  persons  entitled  to  any  beneficial  interest  in 
such  property  shall  be  the  brother  or  sister  or  a  descendant  of  a  brother 
or  sister  of  the  decedent,  a  wife  or  widow  of  a  son,  or  the  husband  of 
a  daughter  of  the  decedent,  at  the  rate  of  one  and  one-half  per  centum 
of  the  clear  value  of  such  interest  in  such  property. 

(3.)  Where  the  person  or  persons  entitled  to  any  beneficial  interest  in 
such  property  shall  be  the  brother  or  sister  of  the  father  or  mother,  or 


1373  TAXATION.  Act  4035,  §§3  4 

a  descendant  of  a  brother  or  gister  of  the  father  or  mother  of  the  dece- 
dent, at  the  rate  of  three  per  centum  of  the  clear  value  of  such  interest 
in  such  property. 

(4.)  Where  the  person  or  persons  entitled  to  any  beneficial  interests  in 
such  property  shall  be  the  brother  or  sister  of  the  grandfather  or  grand- 
mother or  a  descendant  of  the  brother  or  sister  of  the  grandfather  or 
grandmother  of  the  decedent,  at  the  rate  of  four  per  centum  of  the 
clear  value  of  such  interest  in  such  property. 

(5.)  Where  the  person  or  persons  entitled  to  any  beneficial  interest  in 
such  property  shall  be  in  any  other  degree  of  collateral  consanguinity 
than  is  heretofore  stated,  or  shall  be  a  stranger  in  blood  to  the  decedent, 
or  shall  be  a  body  politic  or  corporate,  at  the  rate  of  five  per  centum 
of  the  clear  value  of  such  interest  in  such  property. 

§3.  The  foregoing  rates  in  section  2  are  for  convenience  termed  the 
primary  rates.  When  the  market  value  of  such  property  or  interest 
exceeds  tTventy-five  thousand  dollars,  the  rates  of  tax  upon  such  excess 
shall  be  as  follows: 

(1.)  Upon  all  in  excess  of  $25,000  and  up  to  $50,000,  one  and  one-half 
times  the  primary  rates. 

(2.)  Upon  all  in  excess  of  $50,000  and  up  to  $100,000,  two  times  the 
primary  rates. 

(3.)  Upon  all  in  excess  of  $100,000  and  up  to  $500,000,  two  and  one- 
half  times  the  primary  rates. 

(4.)   Upon  all  in  excess  of  $500,000,  three  times  the  primary  rates. 

§4.     The  following  exemptions  from  the  tax  are  hereby  allowed: 

(1.)  All  property  transferred  to  societies,  corporations,  and  institu- 
tions now  or  hereafter  exempted  by  law  from  taxation,  or  any  public 
corporation,  or  to  any  society,  corporation,  institution,  or  association  of 
persons  engaged  in  or  devoted  to  any  charitable,  benevolent,  educational, 
public,  or  other  like  work  (pecuniary  profit  not  being  its  object  or  pur- 
pose), or  to  any  person,  society,  corporation,  institution,  or  association 
of  persons  in  trust  for  or  to  be  devoted  to  any  charitable,  benevolent, 
educational,  or  public  purpose,  by  reason  whereof  any  such  person  or 
corporation  shall  become  beneficially  entitled,  in  possession  or  expectancy, 
to  any  such  property  or  to  the  income  thereof  shall  be  exempt. 

(2.)  Property  of  the  clear  value  of  ten  thousand  ($10,000)  dollars 
transferred  to  the  widow  or  to  a  minor  child  of  the  decedent,  and  ot 
four  thousand  ($4,000)  dollars  transferred  to  each  of  the  other  persons 
described  in  the  first  subdivision  of  section  2  shall  be  exempt. 

(3.)  Property  of  the  clear  value  of  two  thousand  ($2,000)  dollars 
transferred  to  each  of  the  persons  described  in  the  second  subdivision 
of  section  2  shall  be  exempt. 

(4.)  Property  of  the  clear  value  of  one  thousand  five  hundred  ($1,500) 
dollars  transferred  to  each  of  the  persons  described  in  the  third  sub- 
division of  section  2  shall  be  exempt. 

(5.)  Property  of  the  clear  value  of  one  thousand  ($1,000)  dollars 
transferred  to  each  of  the  persons  described  in  the  fourth  subdivision 
of  section  2  shall  be  exempt. 


Act  4035,  §§  5-7  GENERAL  LAWS.  1374 

(6.)  Property  of  the  clear  value  of  five  hundred  ($500)  dollars 
transferred  to  each  of  the  persons  and  corporations  described  in  the  fifth 
subdivision  of  section  2  shall  be  exempt. 

§  5.  When  any  grant,  gift,  legacy,  or  succession  upon  which  a  tax  is 
imposed  by  section  1  of  this  act  shall  be  an  estate,  income,  or  interest 
for  a  term  of  years,  or  for  life,  or  determinable  upon  any  future  or 
contingent  event,  or  shall  be  a  remainder,  reversion,  or  other,  expectancy, 
real  or  personal,  the  entire  property  or  fund  by  which  such  estate,  in- 
come, or  interest  is  supported,  or  of  which  it  is  a  part,  shall  be  appraised 
immediately  after  the  death  of  the  decedent,  and  the  market  value 
thereof  determined,  in  the  manner  provided  in  section  14  of  this  act, 
and  the  tax  prescribed  by  this  act  shall  be  immediately  due  and  pay- 
able to  the  treasurer  of  the  proper  county,  and  together  with  the  interest 
thereon,  shall  be  and  remain  a  lien  on  said  property  until  the  same  is 
paid;  provided,  that  the  person  or  persons,  or  body  politic  or  corporate, 
beneficially  interested  in  the  property  chargeable  with  said  tax,  may 
elect  not  to  pay  the  same  until  they  shall  come  into  the  actual  possession 
or  enjoyment  of  such  property,  and  in  that  case  such  person  or  persons, 
or  body  politic  or  corporate,  shall  execute  a  bond  to  the  people  of  the 
state  of  California,  in  a  penalty  of  twice  the  amount  of  the  tax  arising 
upon  personal  estate,  with  such  sureties  as  the  said  superior  court  may 
approve,  conditioned  for  the  payment  of  said  tax,  and  interest  thereon, 
at  such  time  or  period  as  they  or  their  representatives  may  come  into 
the  actual  possession  or  enjoyment  of  such  property,  which  bond  shall 
be  filed  in  the  office  of  the  county  clerk  of  the  proper  county;  provided 
further,  that  such  person  shall  make  a  full  and  verified  return  of  such 
property  to  said  court,  and  file  the  same  in  the  office  of  the  county  clerk 
within  one  year  from  the  death  of  the  decedent,  and  within  that  period 
enter  into  such  security,  and  renew  the  same  every  five  years. 

§  6.  Whenever  a  decedent  appoints  or  names  one  or  more  executors 
or  trustees,  and  makes  a  bequest  or  devise  of  property  to  them  in  lieu 
of  commissions  or  allowances,  which  otherwise  would  be  liable  to  said 
tax,  or  appoints  them  his  residuary  legatees,  and  said  bequest,  devises, 
or  residuary  legacies  exceed  what  would  be  a  reasonable  compensation 
for  their  services,  such  excess  over  and  above  the  exemptions  herein 
provided  for  shall  be  liable  to  said  tax;  and  the  superior  court  in  which 
the  probate  proceedings  are  pending  shall  fix  the  compensation. 

§7.  All  taxes  imposed  by  this  act,  unless  otherwise  herein  provided 
for,  shall  be  due  and  payable  at  the  death  of  the  decedent,  and  if  the 
same  are  paid  within  eighteen  months,  no  interest  shall  be  charged  and 
collected  thereon,  but  if  not  so  paid,  interest  at  the  rate  of  ten  per 
centum  per  annum  shall  be  charged  and  collected  from  the  time  said 
tax  accrued;  provided,  that  if  said  tax  is  paid  within  six  months  from 
the  accruing  thereof  a  discount  of  five  per  centum  shall  be  allowed  and 
deducted  from  said  tax.  And  in  all  cases  where  the  executors,  adminis- 
trators, or  trustees  do  not  pay  such  tax  within  eighteen  months  from 
the  death  of  the  decedent,  they  shall  be  required  to  give  a  bond  in  the 


1375  +  TAXATION.  Act  4035,  §§  8-1] 

form  and  to  the  effect  prescribed  in  gection  5  of  this. act  for  the  pay- 
ment of  said  tax,  together  with  interest. 

§  8.  The  penalty  of  ten  per  cent  per  annum  imposed  by  section  7 
hereof,  for  the  nonpayment  of  said  tax,  shall  not  be  charged  iil  cases 
where,  in  the  judgment  of  the  court,  by  reason  of  claims  made  upon 
the  estate,  necessary  litigation,  or  other  unavoidable  cause  of  delay,  the 
estate  of  any  decedent,  or  a  part  thereof,  cannot  be  settled  at  the  end 
of -eighteen  months  from  the  death  of  the  decedent;  and  in  such  cases 
only  seven  per  cent  per  annum  shall  be  charged  upon  the  said  tax  from 
the  expiration  of  said  eighteen  months  until  the  cause  of  such  delay  is 
removed,  after  which  ten  per  cent  interest  per  annum  shall  again  be 
charged  until  the  tax  is  paid;  but  litigation  to  defeat  the  payment  of 
the  tax  shall  not  be  considered  necessary  litigation. 

§  9.  Any  administrator,  executor,  or  trustee  having  in  charge  or  trust 
any  legacy  or  property  for  distribution,  subject  to  the  said  tax,  shall 
deduct  the  tax  therefrom,  or  if  the  legacy  or  property  be  not  money  he 
shall  collect  the  tax  thereon,  upon  the  market  value  thereof,  from  the 
legatee  or  person  entitled  to  such  property,  and  he  shall  not  deliver,  or  be 
compelled  to  deliver,  any  specific  legacy  or  property  subject  to  tax  to 
any  person  until  he  shall  have  collected  the  tax  thereon;  and  whenever 
any  such  legacy  shall  be  charged  upon  or  payable  out  of  real  estate, 
the  executor,  administrator,  or  trustee  shall  collect  said  tax  from  the 
distributee  thereof,  and  the  same  shall  remain  a  charge  on  such  real 
estate  until  paid;  if,  however,  such  legacy  be  given  in  money  to  any 
person  for  a  limited  period,  the  executor,  administrator,  or  trustee  shall 
retain  the  tax  upon  the  whole  amount;  but  if  it  be  not  in  money  he  shall 
make  application  to  the  superior  court  to  make  an  apportionment,  if  the 
case  require  it,  of  the  sum  to  be  paid  into  his  hands  by  such  legatees, 
and  for  such  further  order  relative  thereto  as  the  case  may  require. 

§  10.  All  executors,  administrators,  and  trustees  shall  have  full  power 
to  sell  so  much  of  the  property  of  the  decedent  as  will  enable  them  to 
pay  said  tax,  in  the  same  manner  as  they  may  be  enabled  by  law  to  do 
for  the  payment  of  debts  of  the  estate,  and  the  amount  of  said  tax 
shall  be  paid  as  hereinafter  directed. 

§  11.  Every  sum  of  money  retained  by  an  executor,  administrator,  or 
trustee,  or  paid  into  his  hands,  for  any  tax  on  property,  shall  be  paid  by 
him,  within  thirty  days  thereafter,  to  the  treasurer  of  the  county  in 
which  the  probate  proceedings  are  pending,  and  the  said  treasurer  shall 
give,  and  every  executor,  or  administrator,  or  trustee  shall  take  dupli- 
cate receipts  for  such  payment,  one  of  which  receipts  said  executor, 
administrator,  or  trustee  shall  immediately  send  to  the  controller  of  the 
state,  whose  duty  it  shall  be  to  charge  the  treasurer  so  receiving  the  tax 
with  the  amount  thereof,  and  said  controller  shall  seal  said  receipt  with 
the  seal  of  his  office,  and  countersign  the  same,  and  return  it  to  the 
executor,  administrator,  or  trustee,  whereupon  it  shall  be  a  proper 
voucher  in  the  settlement  of  his  accounts;  and  an  executor,  administrator, 


Act  4035,  §§  12,  13  GENERAL  LAWS,  1376 

or  trustee  shall  not  be  entitled  to  credits  in  his  accounts,  nor  be  dis- 
charged from  liability  for  such  tax,  nor  shall  said  estate  be  distributed, 
unless  he  shall  produce  a  receipt  so  sealed  and  countersigned  by  the 
controller,  or  a  copy  thereof,  certified  by  him,  and  file  the  same  with  the 
court. 

§  12.  Whenever  any  debts  shall  be  proven  against  the  estate  of  a  de- 
cedent after  the  payment  of  legacies  or  distribution  of  property  from 
which  the  said  tax  has  been  deducted  or  upon  which  it  has  been  paid, 
and  a  refund  is  made  by  the  legatee,  devisee,  heir,  or  next  of  kin,  a 
proportion  of  the  tax  so  deducted  or  paid  shall  be  repaid  to  him  by  the 
executor,  administrator,  or  trustee,  if  the  said  tax  has  not  been  paid  to 
the  county  treasurer  or  to  the  state  controller,  or  by  them,  if  it  has  been 
so  paid. 

§  13.  If  a  foreign  executor,  administrator  or  trustee  shall  assign  or 
transfer  any  stock  or  obligations  in  this  state  standing  in  the  name  of 
a  decedent,  or  in  trust  for  a  decedent,  liable  to  any  such  tax,  the  tax 
shall  be  paid  to  the  treasurer  of  the  proper  county  on  the  transfer 
thereof.  No  safe  deposit  company,  trust  company,  corporation,  bank  or 
other  institution,  person  or  persons  having  in  possession  or  under  con- 
trol securities,  deposits,  or  other  assets  of  a  decedent,  including  the  shares 
of  the  capital  stock  of,  or  other  interests  in,  the  safe  deposit  company, 
trust  company,  corporation,  bank  or  other  institution  making  the  de- 
livery or  transfer  herein  provided,  shall  deliver  or  transfer  the  same  to 
the  executors,  administrators  or  legal  representatives  of  said  decedent, 
or  upon  their  order  or  request,  unless  notice  of  the  time  and  place  of 
such  intended  delivery  or  transfer  be  served  upon  the  county  treasurer 
at  least  ten  days  prior  to  said  delivery  or  transfer;  nor  shall  any  such 
safe  deposit  company,  trust  company,  corporation,  bank  or  other  institu- 
tion, person  or  persons  deliver  or  transfer  any  securities,  deposits  or 
other  assets  of  the  estate  of  a  nonresident  decedent  including  the  shares 
of  the  capital  stock  of  or  other  interests  in,  the  safe  deposit  company, 
trust  company,  corporation,  bank  or  other  institution,  making  the  de- 
livery or  transfer,  without  retaining  a  sufficient  portion  or  amount 
thereof  to  pay  any  tax  and  penalty  which  may  thereafter  be  assessed  on 
account  of  the  delivery  or  transfer  of  such  securities,  deposits,  or  other  as- 
sets including  the  shares  of  the  capital  stock  of  or  other  interests  in,  the 
safe  deposit  company,  trust  company,  corporation,  bank  or  other  insti- 
tution making  the  delivery  or  transfer,  under  the  provisions  of  this  act, 
unless  the  county  treasurer  consents  thereto  in  writing.  And  it  sliall  be 
lawful  for  the  said  county  treasurer,  personally,  or  by  representative, 
to  examine  said  securities,  deposits  or  assets  at  the  time  of  such  delivery 
or  transfer.  Failure  to  serve  such  notice  and  to  allow  such  examina- 
tion, and  to  retain  a  sufficient  portion  or  amount  to  pay  such  tax  and 
penalty  as  herein  provided,  shall  render  said  safe  deposit  company, 
trust  company,  corporation,  bank  or  other  institution,  person  or  persons 
liable  to  the  payment  of  two  times  the  amount  of  the  tax  and  penalty 
due  or  thereafter  to  become  due  upon  said  securities,  deposits  or  other 


1377  TAXATION.  Act  4035,  §§  14,  15 

assets,  including  the  shares  of  the  capital  stock  of,  or  other  interests 
in,  the  safe  deposit  company,  trust  company,  corporation,  bank  or  other 
institution,  making  the  delivery  or  transfer;  and  the  payment  as  herein 
provided  shall  be  enforced  in  an  action  brought  in  accordance  with  the 
provisions  of  section  17  of  this  chapter, 

§  14.  When  the  value  of  any  inheritance,  devise,  bequest,  or  other 
interest  subject  to  tlio  payment  of  said  tax  is  uncertain,  the  superior 
court  in  which  the  probate  proceedings  are  pending,  on  the  application 
of  any  interested  party,  or  upon  its  own  motion,  shall  appoint  some  com- 
petent person  as  appraiser,  as  often  as  and  whenever  occasion  may  re- 
quire, whose  duty  it  shall  be  forthwith  to  give  such  notice,  by  mail,  to 
all  persons  known  to  have  or  claim  an  interest  in  such  property,  and  to 
such  persons  as  the  court  may  by  order  direct,  of  the  time  and  place  at 
which  he  will  appraise  such  property,  and  at  such  time  and  place  to 
appraise  the  same  and  make  a  report  thereof,  in  writing,  to  said  court, 
together  with  such  other  facts  in  relation  thereto  as  said  court  may  by 
order  require  to  be  filed  with  the  clerk  of  said  court;  and  from  this  report 
the  said  court  shall,  by  order,  forthwith  assess  and  fix  the  market  value 
of  all  inheritances,  devises,  bequests,  or  other  interests,  and  the  tax  to 
which  the  same  is  liable,  and  shall  immediately  cause  notice  thereof  to 
be  given,  by  mail,  to  all  parties  known  to  be  interested  therein;  and 
the  value  of  every  future  or  contingent  or  limited  estate,  income,  or  in- 
terest shall,  for  the  purposes  of  this  act,  be  determined  by  the  rule, 
method,  and  standards  of  mortality  and  of  value  that  are  set  forth  in  the 
actuaries'  combined  experience  tables  of  mortality  for  ascertaining  the 
value  of  policies  of  life  insurance  and  annuities,  and  for  the  determina- 
tion of  the  liabilities  of  life  insurance  companies,  save  that  the  rate  of 
interest  to  be  assessed  in  computing  the  present  value  of  all  future  in- 
terests and  contingencies  shall  be  five  per  centum  per  annum;  and  the 
insurance  commissioner  shall,  on  the  application  of  said  court,  determine 
the  value  of  such  future  or -contingent  or  limited  estate,  income,  or  in- 
terest, upon  the  facts  contained  in  such  report,  and  certify  the  same  to 
the  court,  and  his  certificate  shall  be  conclusive  evidence  that  the 
method  of  computation  adopted  therein  is  correct.  The  said  appraiser 
shall  be  paid  by  the  county  treasurer  out  of  any  funds  that  he  may 
have  in  his  hands  on  account  of  said  tax,  on  presentation  of  a  sworn 
itemized  account  and  on  the  certificate  of  the  court  at  the  rate  of  five 
dollars  per  day  for  every  day  actually  and  necessarily  employed  in  said 
appraisement,  together  with  his  actual  and  necessary  traveling  expenses. 

§  15.  Any  appraiser  appointed  by  virtue  of  this  act  who  shall  take 
any  fee  or  reward  from  any  executor,  administrator,  trustee,  legatee,  next 
of  kin,  or  heir  of  any  decedent,  or  from  any  other  person  liable  to  pay 
said  tax,  or  any  portion  thereof,  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  fined  not  less  than  two  hundred  and  fifty 
dollars  nor  more  than  five  hundred  dollars,  or  imprisoned  in  the  county 
jail  ninety  daj'S,  or  both,  and  in  addition  thereto  the  court  shall  dismiss 
him  from  such  service. 
Gen.  Laws — 87 


Act  4035,  §§  16-19  GENERAL  LAWS.  1878 

§  16.  The  superior  court  in  the  county  in  which  is  situate  the  real 
property  of  a  decedent  who  was  not  a  resident  of  the  state,  or  if  there  be 
no  real  property,  then  in  the  county  in  which  any  of  the  personal  property 
of  such  nonresident  is  situate,  or  in  the  county  of  which  the  decedent  was 
a  resident  at  the  time  of  his  death,  shall  have  jurisdiction  to  hear  and 
determine  all  questions  in  relation  to  the  tax  arising  under  the  provisions 
of  this  act,  and  the  court  first  acquiring  jurisdiction  hereunder  shall 
retain  the  same,  to  the  exclusion  of  every  other. 

§  17.  If  it  shall  appear  to  the  superior  court,  or  judge  thereof,  that 
any  tax  accruing  under  this  act  has  not  been  paid  according  to  law,  it 
shall  issue  a  citation,  citing  the  persons  known  to  own  any  interest  in 
or  part  of  the  property  liable  to  the  tax  or  any  person  or  corporation 
liable  under  the  law  for  the  payment  of  said  tax  to  appear  before  the 
court  on  a  day  certain,  not  more  than  ten  weeks  after  the  date  of  such 
citation,  and  show  cause  why  said  tax  should  not  be  paid.  The  service  of 
such  citation,  and  the  time,  manner,  and  proof  thereof,  and  the  hearing 
and  determination  thereon,  and  the  enforcement  of  the  determination  or 
decree,  shall  conform  to  the  provisions  of  Chapter  XII,  of  Title  XI,  of 
Part  III,  of  the  Code  of  Civil  Procedure;  and  the  clerk  of  the  court  shall, 
upon  the  request  of  the  district  attornej^  or  treasurer  of  the  county,  fur- 
nish, without  fee,  one  or  more  transcripts  of  such  decree,  and  the  same 
shall  be  docketed  and  filed  by  the  county  clerk  of  any  county  in  the 
state,  without  fee,  in  the  same  manner  and  with  the  same  effect  as  pro- 
vided by  section  674  of  said  Code  of  Civil  Procedure  for  filing  a  tran- 
script of  an  original  docket. 

§  18.  Whenever  the  treasurer  of  any  county  shall  have  reason  to  be- 
lieve that  any  tax  is  due  and  unpaid  under  this  act,  after  the  refusal  or 
neglect  of  the  persons  interested  in  the  property  liable  to  said  tax  to 
pay  the  same,  he  shall  notify  the  district  attorney  of  the  proper  county, 
in  writing,  of  such  failure  to  pay  such  tax,  and  the  district  attorney  so 
notified,  if  he  have  probable  cause  to  believe  a  tax  is  due  and  unpaid, 
shall  prosecute  the  proceeding  in  the  superior  court,  as  provided  in  sec- 
tion 17  of  this  act,  for  the  enforcement  and  collection  of  such  tax. 

§  19.  The  controller  of  state  shall  furnish  to  each  county  clerk  a 
book,  which  shall  be  a  public  record,  and  in  which  he  shall  enter  the  name 
of  every  decedent  upon  whose  estate  an  application  has  been  made  to  the 
superior  court  for  the  issuance  of  letters  of  administration,  or  letters 
testamentary,  or  ancillary  letters,  the  date  and  place  of  death  of  such 
decedent,  the  estimated  value  of  his  real  and  personal  property,  the  names, 
places  of  residence,  and  relationship  to  him  of  his  heirs  at  law,  the  name 
and  places  of  residence  of  the  legatees  and  devisees  in  any  will  of  any 
such  decedent,  the  amount  of  each  legacy  and  the  estimated  value  of  any 
real  property  devised  therein,  and  to  whom  devised.  These  entries  shall 
be  made  from  the  data  contained  in  the  papers  filed  on  any  such  applica- 
tion, or  in  any  proceeding  relating  to  the  estate  of  the  decedent.  The 
county  clerk  shall  also  enter  in  such  book  the  amount  of  personal  prop- 


1379  TAXATION.  Act  4035,  §§  20-24 

erty  of  any  such  decedent,  as  shown  by  the  inventory  thereof  when  made 
and  filed  in  his  ofiice,  and  the  returns  made  by  any  appraiser  appointed 
by  the  court  under  this  statute,  and  the  value  of  annuities,  life  estates, 
terms  of  years,  and  other  property  of  such  decedent,  or  given  by  him  in 
his  will  or  otherwise,  as  fixed  by  the  superior  court,  and  the  tax  assessed 
thereon,  and  the  amounts  of  any  receipts  for  payment  of  any  tax  on  the 
estate  of  such  decedent  under  this  statute  filed  with  him.  The  county 
clerk  shall,  on  the  first  day  of  January,  April,  July  and  October  of  each 
year  make  a  report,  in  duplicate,  upon  forms  to  be  furnished  by  the  con- 
troller of  the  state,  containing  all  the  data  and  matters  required  to  be 
entered  in  such  book,  and  also  of  the  property  from  which,  or  the  party 
from  which,  he  has  reason  to  believe  the  tax  under  this  act  is  due  and 
unpaid,  one  of  which  shall  be  immediately  delivered  to  the  county  treas- 
urer and  the  other  transmitted  to  the  state  controller. 

§  20.  Whenever  the  superior  court  of  any  county  shall  certify  that 
there  was  probable  cause  for  issuing  a  citation  and  taking  the  proceed- 
ings specified  in  section  17  of  this  act,  the  state  treasurer  shall  pay,  or 
allow  to  the  treasurer  of  any  county,  all  expenses  incurred  for  services 
of  citation,  and  his  other  lawful  disbursements  that  have  not  otherwise 
been  paid. 

§  21.  The  treasurer  of  each  county  shall  collect  and  pay  the  state 
treasurer  all  taxes  that  may  be  due  and  payable  under  this  act,  who  shall 
give  him  a  receipt  therefor;  of  which  collection  and  payment  he  shall 
make  a  report,  under  oath,  to  the  controller,  between  the  first  and  fif- 
teenth days  of  May  and  December  of  each  year,  stating  for  what  esiate 
paid,  and  in  such  form  and  containing  such  particulars  as  the  controller 
may  prescribe;  and  for  all  such  taxes  collected  by  him  and  not  paid 
to  the  state  treasurer  by  the  first  day  of  June  and  January  of  each  year 
he  shall  pay  interest  at  the  rate  of  ten  per  centum  per  annum. 

§  22.  The  treasurer  of  each  county  shall  be  allowed  to  retain,  on  all 
taxes  paid  and  accounted  for  by  him  each  year  under  this  act,  in  addition 
to  his  salary  or  fees  now  allowed  by  law,  three  per  centum  on  the  first 
fifty  thousand  dollars  so  paid  and  accounted  for  by  him,  one  and  one- 
half  per  centum  on  the  next  fifty  thousand  dollars  so  paid  and  accounted 
for  by  him,  and  one-half  of  one  per  centum  on  all  additional  sums  so 
paid  and  accounted  for  by  him. 

§23.  The  treasurer  of  each  county,  in  his  discretion,  for  the  better 
furtherance  of  the  purposes  of  this  act,  shall  be  allowed  to  employ  such 
special  attorney  or  attorneys,  as  he  may  deem  necessary,  who  shall  have  all 
of  the  authority  conferred  upon  the  district  attorney  by  sections  17  and  18 
of  this  act,  and  such  attorney  shall  be  paid  for  his  services  out  of  the  fees 
now  allowed  the  treasurer  as  provided  in  section  22  of  this  act,  and  that 
in  no  case  shall  such  compensation  exceed  the  per  centum  allowed  as 
Buch  fees. 

§  24.  Any  person,  or  body  politic  or  corporate,  shall,  upon  payment 
of  the  sum  of  fifty  cents,'  be  entitled  to  a  receipt  from  the  county  treas- 


Act  4035,  §§  25-29  GENERAL  LAWS.  1380 

urer  of  any  county,  or  a  copy  of  the  receipt,  at  his  option,  that  may  have 
been  given  by  said  treasurer  for  the  payment  of  any  tax  under  this  act, 
to  be  sealed  with  the  seal  of  his  office,  which  receipt  shall  designate  on 
what  real  property,  if  any,  of  which  any  decedent  may  have  died 
seised,  said  tax  has  been  paid,  and  by  whom  paid,  and  whether  or  not 
it  is  in  full  of  said  tax;  and  said  receipt  may  be  recorded  in  the  clerk'3 
office  in  the  county  in  which  said  property  is  situate,  in  a  book  to  be 
kept  by  said  clerk  for  such  purpose,  which  shall  be  labeled  "inheritance 
tax." 

§25.  All  taxes  levied  and  collected  under  this  act,  up  to  the  amount 
of  $250,000  annually,  shall  be  paid  into  the  treasury  of  the  state,  for  the 
uses  of  the  state  school  fund,  and  all  taxes  levied  and"  collected  in  excess 
of  $250,000  annually  shall  be  paid  into  the  state  treasury  to  the  credit 
of  the  general  fund  thereof. 

§  26.  Every  officer  who  fails  or  refuses  to  perform,  within  a  reason- 
able time,  any  and  every  duty  required  by  the  provisions  of  this  act,  or 
who  fails  or  refuses  to  make  and  deliver  within  a  reasonable  time  any 
statement  or  record  required  by  this  act,  shall  forfeit  to  the  state  of 
California  the  sum  of  one  thousand  dollars,  to  be  recovered  in  an  action 
brought  by  the  attorney  general  in  the  name  of  the  people  of  the  state 
on  the  relation  of  the  controller. 

§  27,  An  act  entitled  "An  act  to  establish  a  tax  on  collateral  inherit- 
ances, bequests  and  devises,  to  provide  for  its  collection,  and  to  direct 
the  disposition  of  the  proceeds,"  approved  March  23,  1893,  and  all  amend- 
ments thereto,  and  all  acts  and  parts  of  acts  in  conflict  with  this  act  are 
hereby  expressly  repealed. 

§  28.  The  words  "estate"  and  "property"  as  used  in  this  act  shall  be 
taken  to  mean  the  real  and  personal  property  or  interest  therein  of  the 
testator,  intestate,  grantor,  bargainor,  vendor,  or  donor  passing  or  trans- 
ferred to  individual  legatees,  devisees,  heirs,  next  of  kin,  grantees, 
donees,  vendees,  or  successors,  and  shall  include  all  personal  property 
within  or  without  the  state.  The  word  "transfer"  as  used  in  this  act 
shall  be  taken  to  include  the  passing  of  property  or  any  interest  therein, 
in  possession  or  enjoyment,  present  or  future,  by  inheritance,  descent, 
devise,  succession,  bequest,  grant,  deed,  bargain,  sale,  gift,  or  appoint- 
ment in  the  manner  herein  described.  The  word  "decedent"  as  used  in 
this  act  shall  include  the  testator,  intestate,  grantor,  bargainor,  vendor, 
or  donor. 

§29.  In  all  cases  where  any  tax  has  become  or  shall  hereafter  become 
a  lien  upon  any  property  under  or  by  virtue  of  any  of  the  provisions  of 
this  act  the  district  attorney  of  the  county  in  which  the  estate  of  the 
decedent  mentioned  in  this  act  is  being  administered,  or  has  been  admin- 
istered in  probate  proceedings,  may,  whenever  any  property  of  said  estate 
has  been  distributed  without  the  payment  to  the  state  of  all  or  any  part 
of  the  taxes  payable  on  account  thereof  under  this  act,  bring  and  prose- 


1381  TAXATION.  Act  4035,  §  29 

cute  an  action  or  actions  in  the  name  of  the  state  as  plaintiff,  for  the 
purpose  of  enforcing  such  lien  or  liens  against  all  or  any  of  the  property 
subject  thereto.  In  any  such  action  the  owner  of  any  property  or  of  any 
interest  in  property  against  which  the  lien  of  any  such  tax  is  sought  to 
be  enforced,  and  any  predecessor  in  interest  of  any  such  owner  whose 
title  or  interest  was  deraigned  through  any  such  decedent  bj'  will  or 
succession  or  by  decree  of  distribution  of  the  estate  of  such  decedent, 
and  any  lienor  or  encumbrancer  subsequent  to  the  lieu  of  such  tax  may  be 
made  a  party  defendant.  The  enumeration  in  this  section  of  the  persons 
who  may  be  made  defendants  shall  not  be  deemed  to  be  exclusive,  but  the 
joinder  or  nonjoinder  of  parties,  except  when  otherwise  herein  provided, 
shall  be  governed  by  the  rules  in  equity  in  similar  cases. 

(a)  Actions  may  be  brought  against  the  state  for  the  purpose  of  quiet- 
ing the  title  to  any  property,  against  the  lien  or  claim  of  lien  of  any  tax 
or  taxes  under  this  act,  or  for  the  purpose  of  having  it  determined  that 
any  property  is  not  subject  to  any  lien  for  taxes  under  this  act.  In  any 
such  action,  the  plaintiffs  may  be  any  administrator  or  executor  of  the 
estate  or  will  of  any  decedent,  whether  the  said  estate  shall  have  been 
fully  administered  and  estate  settled  and  closed  or  not,  and  any  heir, 
legatee  or  devisee  of  any  such  decedent,  or  trustee  of  the  estate  or  of  any 
part  of  the  estate  of  such  decedent,  or  distributee  of  the  estate  or  of  any 
part  of  the  estate  of  any  such  decedent,  and  any  assignee,  grantee  or 
successor  in  interest  of  any  of  such  persons,  and  all  or  any  other  persons 
who  might  be  made  parties  defendant  in  any  action  brought  by  the  state 
under  the  provisions  of  this  section,  and  notwithstanding  that  all  or  any 
of  the  persons  enumerated  in  this  section  shall  or  may  have  assigned, 
granted,  conveyed  or  otherwise  parted  with  all  or  any  interest  in  or  title 
to  the  property,  or  any  thereof,  involved  in  any  such  claim  or  lien  before 
the  commencement  of  such  action.  All  or  any  of  the  persons  in  this 
action  enumerated  may  be  joined  or  united  as  parties  plaintiff.  The 
enumeration  in  this  section  of  the  persons  who  may  be  made  parties  shall 
not  be  deemed  to  be  exclusive,  but  the  joinder  or  nonjoinder  of  parties, 
except  when  otherwise  herein  provided,  shall  be  governed  by  the  rules 
in  equity  in  similar  cases.  In  all  cases  any  person  who  might  properly 
be  a  party  plaintiff  in  any  such  action  who  refuses  to  join  as  plaintiff 
may  be  made  a  defendant. 

(b)  All  actions  under  this  section  shall  be  commenced  in  the  superior 
court  of  the  county  in  which  is  situated  any  part  of  any  real  property 
against  which  any  lien  is  sought  to  be  enforced,  or  to  which  title  is 
sought  to  be  quieted  against  any  lien,  or  claim  of  lien;  but  if  in  said 
action  no  lien  against  real  property  is  sought  to  be  enforced,  the  action 
shall  be  brought  in  the  superior  court  of  the  county  which  has  or  which 
had  jurisdiction  of  the  administration  of  the  estate  of  the  decedent  men- 
tioned herein. 

(c)  Service  of  summons  in  the  actions  brought  against  the  state  shall 
be  made  on  the  secretary  of  state  and  on  the  district  attorney  of  the 
county  in  which  the  estate  of  the  decedent  mentioned  herein  is  being 
administered,  or  has  been  administered  in  probate  proceedings,  and  it 
shall  be  the  duty  of  said  district  attorney  to  defend  all  such  actions. 


Act  4036  GENERAL  LAWS.  1382 

^  (d)  The  procedure  and  practice  in  all  actions  brought  under  this  sec- 
tion, except  as  otherwise  provided  in  this  act,  shall  be  governed  by  the 
provisions  of  the  Code  of  Civil  Procedure  in  relation  to  civil  actions, 
so  far  as  the  same  shall  or  may  be  applicable,  including  all  provisions 
relating  to  motions  for  new  trials  and  appeals. 

(e)  The  remedies  provided  in  this  section  shall  be  in  addition  to  and 
not  exclusive  of  any  remedies  provided  in  the  sections  preceding  this 
section. 

§  30.     This  act  shall  take  effect  and  be  in  force  from  and  after  July  1, 

1905. 

ACT  4036. 

An  act  authorizing  the  bringing  of  actions  on  behalf  of  the  state  for 
the  purpose  of  enforcing  the  lien  or  liens  of  taxes  under  an  act  en- 
titled "An  act  to  establish  a  tax  on  collateral  inheritances,  bequests, 
and  devises,  to  provide  for  its  collection,  and  to  direct  the  disposition 
of  the  proceeds,"  approved  March  23,  1893,  and  the  several  acts 
amendatory  thereof;  and  to  authorize  the  bringing  and  prosecution 
of  actions  against  the  state,  for  the  purpose  of  quieting  title  against 
claims  of  liens  made  by  or  upon  behalf  of  the  state  under  the  said 
act  and  the  acts  amendatory  thereof,  and  to  regulate  the  procedure 
in  such  actions. 

[Approved  March  20,  1905.     Stats.  1905,  p.  374.] 
Citations.      Cal.  149/523,  530.     App.  6/746,  747. 

§  1.  In  all  cases  where  any  tax  has  become  or  shall  hereafter  become 
a  lien  upon  any  property  under  or  by  virtue  of  any  of  the  provisions 
of  an  act  entitled  "An  act  to  establish  a  tax  on  collateral  inheritances, 
bequests  and  devises,  to  provide  for  its  collection  and  to  direct  the 
disposition  of  the  proceeds,"  approved  March  23,  1893,  and  the  several 
acts  amendatory  thereof,  the  district  attorney  of  the  county  in  which  the 
estate  of  the  decedent  mentioned  in  said  act  and  the  acts  amendatory 
thereof  is  being  administered  or  has  been  administered  in  probate  pro- 
ceedings, may,  whenever  any  property  of  said  estate  has  been  distributed 
without  the  payment  to  the  state  of  all  or  any  part  of  the  taxes  payable 
on  account  thereof  under  said  act  and  the  acts  amendatory  thereof, 
bring  and  prosecute  an  action  or  actions  in  the  name  of  the  state  as 
plaintiff,  for  the  purpose  of  enforcing  such  lien  or  liens  against  all  or 
any  of  the  property  subject  thereto.  In  any  such  action  the  owner  of 
any  property  or  of  any  interest  in  property  against  which  the  lien  of 
any  such  tax  is  sought  to  be  enforced,  and  any  predecessor  in  interest 
of  any  such  owner  whose  title  or  interest  was  deraigned  through  any 
such  decedent  by  will  or  succession  or  by  decree  of  distribution  of  the 
estate  of  such  decedent,  and  any  lienor  or  efacumbrancer  subsequent  to 
the  lien  of  such  tax  may  be  made  a  party  defendant.  The  enumeration 
in  this  section  of  the  persons  who  may  be  made  defendants  shall  not  be 
deemed  to  be  exclusive,  but  the  joinder  or  nonjoinder  of  parties,  except 


1383  TAXATION.  Act  4036,  §§  2-5 

when  otherwise  herein  provided,  shall  be  governed  by  the  rules  in  equity 
in  similar  cases. 

§  2.  Actions  may  be  brought  against  the  state  for  the  purpose  of 
quieting  the  title  to  any  property,  against  the  lien  or  claim  of  any  tax 
or  taxes  under  said  act  of  March  23,  1893,  and  the  several  acts  ameuda- 
torj'  thereof,  or  for  the  purpose  of  having  it  determined  that  any  property 
is  not  subject  to  any  lien  for  taxes  under  said  act  and  the  acts  amenda- 
tory thereof.  In  any  such  action,  the  plaintiffs  may  be  any  administra- 
tor or  executor  of  the  estate  or  will  of  any  decedent  who  has  died  since 
the  said  act  of  March  23,  1893,  went  into  effect,  or  who  may  hereafter 
die,  whether  the  said  estate  shall  have  been  fully  administered  and  the 
estate  settled  and  closed  or  not,  and  any  heir,  legatee  or  devisee  of  any 
such  decedent,  or  trustee  of  the  estate  or  of  any  part  of  the  estate  of 
such  decedent,  or  distributee  of  the  estate  or  of  any  part  of  the  estate 
of  any  such  decedent,  and  any  assignee,  grantee  or  successor  in  interest 
of  any  of  such  persons,  and  all  or  any  other  persons  who  might  be  made 
parties  defendant  in  any  action  brought  under  the  provisions  of  section  1 
of  this  act,  and  notwithstanding  that  all  or  any  of  the  persons  enumer- 
ated in  this  section  shall  or  may  have  assigned,  granted,  conveyed  or 
otherwise  parted  with  all  or  any  interest  in  or  title  to  the  property,  or 
any  thereof,  involved  in  any  such  claim  of  lien  before  the  commencement 
of  such  action.  All  or  any  of  the  persons  in  this  action  enumerated  may 
be  joined  or  united  as  parties  plaintiff.  The  enumeration  in  this  section 
of  the  persons  who  may  be  made  parties  shall  not  be  deemed  to  be 
exclusive,  but  the  joinder  or  nonjoinder  of  parties,  except  when  otherwise 
herein  provided,  shall  be  governed  by  the  rules  in  equity  in  similar  cases. 
In  all  cases  any  person  who  might  properly  be  a  party  plaintiff  in  any 
such  action  who  refuses  to  join  as  plaintiff  may  be  made  a  defendant. 

§  3.  All  actions  under  sections  1  and  2  of  this  act  shall  be  commenced 
in  the  superior  court  of  the  county  in  which  is  situated  any  part  of  any 
real  property  against  which  any  lien  is  sought  to  be  enforced,  or  to  which 
title  is  sought  to  be  quieted  against  any  lien,  or  claim  of  lien;  but  if  in 
said  action  no  lien  against  real  property  is  sought  to  be  enforced,  the 
action  shall  be  brought  in  the  superior  court  of  the  county  which  has 
or  which  had  jurisdiction  of  the  administration  of  the  estate  of  the 
decedent  mentioned  in  said  sections  1  and  2. 

§4.  Service  of  summons  in  the  actions  mentioned  in  section  2  hereof 
shall  be  made  on  the  secretary  of  state  and  on  the  district  attorney  of 
the  county  in  which  the  estate  of  the  decedent  mentioned  in  said  section 
is  being  administered,  or  has  been  administered  in  probate  proceedings, 
and  it  shall  be  the  duty  of  said  district  attorney  to  defend  all  such 
actions. 

§5.  The  procedure  and  practice  in  all  actions  brought  under  this  act, 
except  as  otherwise  provided  in  this  act,  shall  be  governed  by  the  pro- 
visions of  the  Code  of  Civil  Procedure  in  relation  to  civil  actions,  so  far 


Acts  4037-4040  GENERAL  LAWS.  1384 

as  the  same  shall  or  may  be  applicable,  including  all  provisions  relating 
to  motions  for  new  trials  and  appeals. 

§  6.  The  remedies  provided  in  this  act  shall  be  in  addition  to  and  not 
exclusive  of  any  remedies  provided  in  the  said  act  of  March  23,  1893, 
and  the  several  acts  amendatory  thereof. 

ACT  4037. 

An  act  authorizing  the  governor  to  appoint  an  expert  in  taxation  and 
public  finance,  to  sit  as  a  member  of  a  commission  to  be  composed 
of  himself  and  a  general  committee  of  the  senate  and  assembly  of 
the  thirty-sixth  session  of  the  legislature  of  the  state  of  California, 
of  which  commission  the  governor  shall  be  ex  officio  a  member  and 
chairman,  to  investigate  the  system  of  revenue  and  taxation  in  force 
in  this  state,  and  to  recommend  a  plan  for  the  revision  and  reform 
thereof;  to  provide  for  the  creation  of  said  commission,  and  to  define 
its  powers,  and  making  an  appropriation  therefor. 

[Approved  March  20,  1905.     Stats.  1905,  p.  390.] 
See  1907,  p.  245. 

ACT  4037a. 

An  act  to  provide  for  the  appointment  of  a  commission  to  carry  out  the 
work  mentioned  and  provided  for  in  an  act  entitled,  "An  act  author- 
izing the  governor  to  appoint  an  expert  in  taxation  and  public 
finance,  to  sit  as  a  member  of  a  commission  to  be  composed  of  him- 
self and  a  general  committee  of  the  senate  and  assembly  of  the 
thirty-sixth  session  of  the  legislature  of  the  state  of  California,  of 
which  commission  the  governor  shall  be  ex  officio  a  member  and 
chairman,  to  investigate  the  system  of  revenue  and  taxation  in  force 
in  this  state,  and  to  recommend  a  plan  for  the  revision  and  reform 
thereof;  to  provide  for  the  creation  of  said  commission,  and  to  define 
its  powers  and  making  an  appropriation  therefor,"  approved  March 
20,  1905,  and  making  an  appropriation  therefor.  [Approved  March 
25,  1909.     Stats.  1909,  p.  779.] 

ACT  4038. 

Imposing  a  tax  on  the  issue  of  certificates  of  stock  corporations.     [Stats. 
1877-78,  p.  955.] 
Repealed  1897,  p.  243. 

ACT  4039. 

Solvent  debts,  other  than  those  secured  by  mortgage  or  other  lien,  taxa- 
tion of.     [Stats.  1873-74,  p.  753.] 
Repealed  1875-76,  p.  772,  c.  DVIII,  amending  codes. 

ACT  4040. 

An  act  to  establish  a  tax  on  collateral  inheritances,  bequests,  and  devises, 
to  provide  for  its  collection,  and  to  direct  the  disposition  of  the 
proceeds.     [Approved  March  23,  1893.  Stats.  1893,  p.  193.] 


1385  TAXATION.  Acts  4041, 4042 

Amended  1895,  p.  33;  1897,  p.  77;  1899,  p.  101;  1903,  pp.  55,  268. 

Repealed  1905,  p.  341. 

See  ante.  Acts  4035  and  4036. 

Citations.  Cal.  117/283;  126/114,  115,  116,  117,  119,  120,  121;  139/533, 
534,  538,  540,  541,  542;  140/468;  143/626;  145/49,  50,  51.  52;  149/523, 
524,    525,    526,    527,    529;    153/226,    227,    228.      App.  6/745,    746;    8/133. 

"Repealed  1905,  p.  350.  See  1905,  pp.  341,  374.  Section  20  of  the  act, 
though  not  wholly  repealed  by  them,  was  so  far  modified  by  the  County  Gov- 
ernment Acts  of  1893  (1893,  p.  513,  §236),  and  1897  (1897,  p.  557,  §232) 
that  the  commissions  cannot  be  received  by  the  county  treasurer  individually  to 
his  own  use,  but  must  be  paid  into  the  county  treasury  (County  of  San  Diego  v. 
Schwartz,  149  Cal.  49).  The  amendment  of  1897  was  in  part  unconstitutional 
(Estate  of  Mahoney,  133  Cal.  180;  Estate  of  Stanford,  126  Cal.  112).  See  thb 
Estate  of  Johnson,  139  Cal.  532.  See,  also,  Trippett  v.  State  of  California,  149 
Cal.  521." — Code  Commissioners'  Note. 

ACT  4041. 

An  act  empowering  boards  of  supervisors  of  any  of  the  several  counties 
of  the  state  of  California  to  levy  a  special  tax  for  the  purpose  of 
displaying  the  products  and  industries  of  any  county  in  the  state  at 
domestic  or  foreign  expositions,  for  the  purpose  of  encouraging  im- 
migration and  increasing  trade  in  the  products  of  the  state. 
[Approved  March  23,  1901.     Stats.  1901,  p.  589.] 

§  1.  The  boards  of  supervisors  of  the  several  counties  within  the  state 
of  California,  or  any  of  them,  are  hereby  authorized  and  empowered  to 
levy  a  special  tax  on  the  taxable  property  within  their  respective  coun- 
ties, for  the  purpose  of  creating  a  fund  not  exceeding  ten  thousand  dol- 
lars in  any  one  year  in  any  one  county,  to  be  used  for  collecting,  prepar- 
ing, and  maintaining  an  exhibition  of  the  products  and  industries  of  the 
county  at  any  domestic  or  foreign  exposition,  for  the  purpose  of  encourag- 
ing immigration  and  increasing  trade  in  the  products  of  the  state  of 
California;  provided,  the  total  tax  levies  for  such  purposes  in  any  one 
year  shall  not  exceed  two  cents  on  each  one  hundred  dollars  of  taxable 
property  in  the  county,  according  to  the  assessment-roll. 

ACT  4042. 

An  act  providing  for  the  levy  of  a  special  tax  for  specific  public  improve- 
ments within  municipalities. 
[Became    a   law   under   constitutional   provision   without    governor's    ap- 
proval, March   15,   1901.     Stats.   1901,   p.   296.] 

§  1.  Whenever  it  shall  be  determined  by  the  legislative  body  of  any 
municipality  within  the  state  of  California  that  the  public  interest  of 
such  municipality  demands  the  acquisition,  construction  or  completion  of 
any  municipal  improvement,  including  bridges,  waterworks,  water  rights, 
sewers,  light  or  power  works  or  plants,  buildings  for  municipal  uses,  fire 
apparatus  and  street  work,  or  other  works,  property  or  structures  neces- 
sary or  convenient  to  carry  out  the  objects,  purposes  and  powers  of  the 
municipality,  the  cost  of  which  will  be  too  great  to  be  paid  out  of  the 
revenues   of  the   municipality  to   be   received  during  the  fiscal  year,  or 


Act  4043  GENERAL  LAWS.  1386 

years,  in  which  such  improvement  is  proposed  to  be  made,  a  special  tax, 
not  to  exceed  the  sum  of  fifty  cents  on  each  one  hundred  dollars,  may  be 
levied  on  the  property  assessed  for  purposes  of  taxation  within  said 
municipality,  which  said  rate  of  taxation  may  be  in  addition  to  the  an- 
nual rate  of  taxation  allowed  by  law  to  be  levied  therein. 

§2.  _  Before  said  tax  shall  be  levied  by  the  legislative  body  of  a 
municipality,  the  question  of  the  levy  of  such  tax  shall  be  submitted  to 
the  voters  of  the  municipality  at  any  general  or  special  municipal  election, 
or  at  a  special  election  to  be  held  for  that  purpose,  and  if  two-thirds  of  the 
votes  cast  upon  the  proposition  of  levying  such  tax  shall  be  in  favor  of  the 
levy  thereof,  then  the  levy  shall  be  made;  otherwise,  the  tax  shall  not  be 
levied.  Upon  the  ballots  used  at  such  election,  the  proposition  to  be 
voted  for  shall  be  stated  in  appropriate  words  and  the  same  arranged  so 
that  the  voter  may  indicate  his  choice  upon  the  proposition.  If  a  special 
election  is  held,  the  same  shall  be  held  and  conducted  as  are  other  elec- 
tions within  the  municipality. 

§  3.  At  least  two  weeks  before  such  election  is  held  the  legislative 
body  of  the  municipality  shall  adopt  an  ordinance  calling  and  providing 
for  the  same,  wherein  it  shall  be  stated: 

1.  The  nature  of  the  proposed  improvement  for  the  cost  of  which  the 
special  tax  shall  be  levied; 

2.  The  total  amount  of  money  to  be  raised  for  such  improvement; 

3.  The  annual  rate  of  taxation  to  be  levied. 

§4.  At  the  time  fixed  by  law  for  the  levying  of  taxes  within  the 
municipality,  the  legislative  body  thereof  shall  include  the  special  tax 
herein  provided  for,  which  shall  be  the  rate  specified  in  the  ordinance 
calling  said  election,  nor  shall  it  be  levied  for  a  longer  period  of  years 
than  shall  be  sufficient  to  raise  the  amount  of  money  specified  in  said 
ordinance.  The  proceeds  of  said  special  tax  shall  be  set  apart  in  a 
special  fund  and  shall  only  be  expended  for  the  purposes  of  making  the 
improvement  stated  in  said  ordinance;  provided,  that  any  balance  re- 
maining after  said  improvement  shall  have  been  fully  completed  and  paid 
for  may  be  transferred  to  the  general  fund  of  the  municipality. 

§5.  This  act  shall  not  be  deemed  to  repeal,  conflict  with  or  modify 
any  provision  of  any  statute  of  this  state  concerning  the  incurring  of  a 
bonded  indebtedness  of  municipalities  for  public  improvementa. 

§6.     This  act  shall  take  effect  immediately. 

ACT  4043. 

An  act  to  provide  for  the  levy  and  collection  of  taxes  by  and  for  the 
use  of  municipal  corporations  and  cities  incorporated  under  the  laws 
of  the  state  of  California,  except  municipal  corporations  of  the  first 
class,  and  to  provide  for  the  consolidation  and  abolition  of  certain 
municipal  offices,  and  to  provide  that  their  duties  may  be  performed 
hj  certain  officers  of  the  county,  and  fixing  the  compensation  to  be 


1387  TAXATION.  Act  4043,  §§  1-3 

allowed  for  such  county  officers  for  the  services  so  rendered  to  such 
municipal  corporations. 

[Approved  March  27,  1895.     Stats.  1895,  p.  219,] 
Amended  1905,  p.   429. 

§  1.  The  board  cl  trustees,  common  council,  or  other  legislative  body 
of  any  municipal  corporation  or  city  in  this  state,  except  municipal  cor- 
porations of  the  first  class,  shall  have  power,  and  it  shall  be  their  duty 
to  fix  by  ordinance  the  amount  of  money  necessary  to  be  raised  by  taxa- 
tion upon  the  taxable  property  therein,  as  a  revenue  to  carry  on  the 
various  departments  of  such  municipal  corporation  or  city  for  the  current 
year,  not  to  exceed  the  limit  fixed  by  law,  and  to  pay  the  bonded  or  other 
indebtedness  of  such  municipal  corporation  or  city.  The  board  of  trus- 
tees, common  council,  or  other  legislative  body,  shall  meet  for  such  pur- 
pose, and  shall  so  ascertain  and  fix  said  amount,  on  the  first  Monday  in 
August  of  each  year;  provided,  however,  that  the  provisions  of  this  act 
shall  not  apply  to  or  be  in  force  in  any  city  or  municipal  corporation 
until  its  board  of  trustees,  common  council,  or  other  legislative  body, 
shall  have  parsed  an  ordinance,  electing  to  avail  itself  of  the  provisions 
of  this  act,  and  filed  a  certified  copy  of  the  same  with  the  auditor  of  the 
county  in  which  such  municipal  corporation  or  city  is  situated,  on  or 
before  the  first  Monday  in  February  of  each  year;  and  thereafter  all 
assessments  shall  be  made  and  taxes  collected  by  the  assessor  and  tax 
collector  of  such  county  until  such  city  or  municipal  corporation  shall, 
by  ordinance,  elect  not  to  avail  itself  of  the  provisions  of  this  act  for 
any  longer  time. 

§2.  The  beard  of  trustees,  common  council,  or  other  legislative  body 
of  any  municipal  corporation  or  city  in  this  state,  except  municipal  cor- 
porations of  the  first  class,  shall  have  power  to  elect  that  the  duties  of 
the  city  treasurer  of  such  city  or  municipal  corporation  shall  be  per- 
formed by  the  county  treasurer  of  the  county  in  which  such  city  or 
municipal  corporation  is  situated;  and  whenever  such  board  of  trustees, 
common  council,  or  other  legislative  body  shall,  by  ordinance,  so  deter- 
mine, such  duties  shall  be  performed  by  the  treasurer  of  the  county  in 
which  such  city  or  municipal  corporation  is  situated.  A  certified  copy 
of  such  ordinance  shall  be  served  on  the  tax  collector  and  treasurer  of 
such  county,  and  such  ordinance  shall  also  prescribe  the  manner  in  which 
money  shall  be  drawn  out  of  the  various  funds  belonging  to  such  city  or 
municipal  corporation  in  the  hands  of  the  treasurer. 

§3.  The  county  auditor  must,  on  or  before  the  second  Monday  in 
August  of  each  year,  transmit  to  the  board  of  trustees,  common  council, 
or  other  legislative  body  of  such  municipal  corporation  or  city  within 
such  county,  a  statement  in  writing,  showing  the  total  value  of  all  prop- 
erty within  each  municipal  corporation  or  city,  respectively,  which  value 
shall  be  ascertained  from  the  assessment-books  of  such  county  for  such 
year,  as  equalized  and  corrected  by  the  board  of  supervisors  of  such 
county. 


Act  4043,  §§  4-7  GENERAL  LAWS.  1888 

§  4.  Each  board  of  trustees,  coinijion  council,  or  other  legislative  body 
of  such  municipal  corporation  or  city  shall,  on  the  first  Monday  ii2  Sep- 
tember, fix  the  rate  of  taxes,  designated  in  the  number  of  cents  upon 
each  hundred  dollars,  using  as  a  basis  the  value  of  the  property  as  as- 
sessed by  the  county  assessor,  and  so  returned  to  such  board  by  the 
county  auditor  as  required  by  section  2  of  this  act,  which  rate  of  taxa- 
tion shall  be  sufficient  to  raise  the  amount  so  fixed  by  such  board,  as 
required  in  section  1  of  this  act,  which  acts  by  said  board  are  declared 
to  be  a  valid  assessment  of  such  property  and  a  valid  levy  of  such  rates 
so  fixed.  Such  municipal  or  city  board  must  immediately  thereafter  trans- 
mit to  the  county  auditor  of  the  county  in  which  such  municipal  corpora- 
tion or  city  is  situated  a  statement  of  such  rate  so  fixed  by  such 
municipal  board. 

§5.     The  auditor  must  then  compute  and  enter  in  a  separate  column 

in  the  assessment-book,  to  be  headed  "City  Tax,  City  of "   (naming 

it),  the  respective  sums  in  dollars  and  cents  to  be  paid  as  a  municipal 
or  city  tax  on  the  property  therein  enumerated  and  assessed  as  being  in 
any  municipal  corporation  or  city,  using  the  rate  of  levy  so  fixed  by  such 
municipal  board,  and  the  assessed  value  as  found  in  such  assessment- 
book.  Such  taxes  so  levied  shall  be  collected  at  the  same  time  and  in  the 
same  manner  as  state  and  county  taxes;  and  when  collected  the  net 
amount  as  ascertained  by  sections  6  and  7  of  this  act  shall  be  paid  to 
the  treasurer  of  the  municipal  corporation  or  city  to  which  it  respectively 
belongs;  under  the  general  requirements  and  penalties  provided  by  law 
for  the  settlement  of  other  taxes;  provided,  however,  that  when  such 
city  has  by  ordinance,  a  certified  copy  of  which  has  been  served  upon  the 
tax  collector  of  such  county,  elected  to  avail  itself  of  the  provisions  of 
section  2  of  this  act,  then  such  tax-collector  shall  pay  the  money  belong- 
ing to  such  city  or  municipal  corporation  over  to  the  treasurer  of  the 
county  in  which  such  city  or  municipal  corporation  is  situated. 

§  6.  The  county  auditor  and  county  tax  collector  shall  file  with  the 
board  of  supervisors  itemized  statements  showing  the  additional  expense 
to  their  ofiiees  of  assessing  and  collecting  these  local  taxes,  and  upon  the 
filing  of  such  statements  the  board  of  supervisors  shall,  by  an  order  spread 
upon  the  minutes,  deduct  such  expenses  from  the  taxes  of  such  municipal 
corporation  or  city,  while  in  the  hands  of  the  county  tax  collector,  and 
transfer  the  same  into  the  county  salary  fund;  provided,  that  not  more 
than  one  per  cent  shall  be  charged  for  collecting  the  first  twenty-five 
thousand  dollars  so  collected,  and  one-fourth  of  one  per  cent  for  all  sums 
over  that  amount.     [Amended  1905,  p.  429.] 

§7.  "Whenever  the  board  of  trustees,  common  council,  or  other  legis- 
lative body  of  any  municipal  corporation  or  city  in  this  state  has 
elected  to  avail  itself  of  the  provisions  of  section  2  of  this  act,  the  board 
of  supervisors  of  such  county  shall  also  reserve  as  and  for  the  expenses 
of  the  county  treasurer,  incurred  by  reason  of  the  imposing  of  these 
duties  upon  him,  the  sum  of  one-fourth  of  one  per  cent,  which  sum  shall 


be  deducted   from  the  money  collected  by   the   county  tax   collector,   and 
covered  in  to  the  county  treasurer  into  the  county  salary  fund. 

§  8.  "Whenever  the  board  of  trustees,  common  council,  or  other  legis- 
lative body  of  any  municipal  corporation  or  city  in  this  state  shall  have 
availed  itself  of  the  provisions  of  this  act,  all  duties,  other  than  the 
assessing  of  the  property  of  such  city  or  municipal  corporation,  belonging 
to  the  office  of  the  city  assessor  shall  be  transferred  to  and  performed 
by  the  clerk  of  such  city  or  municipal  corporation;  and  all  duties,  other 
than  the  collection  of  taxes,  belonging  to  the  office  of  city  tax  collector 
shall  be  transferred  to  and  be  performed  by  the  city  marshal  or  chief  of 
police  of  such  city  or  municipal  corporation,  and  thereafter  the  office  of 
city  assessor,  and  city  tax  collector,  and  city  treasurer  may  be  by  ordin- 
ance abolished. 

§  9.  Whenever  any  real  property  situate  in  any  city  or  municipal  cor- 
poration which  has  availed  itself  of  the  provisions  of  this  act  has  been 
sold  for  taxes  and  has  been  redeemed,  the  money  paid  for  such  redemp- 
tion shall  be  apportioned  by  the  county  treasurer  to  such  city  or  mu- 
nicipal corporation  in  the  proportion  which  the  tax  due  to  such  city  or 
municipal  corporation  bears  to  the  total  tax  for  which  such  real  prop- 
erty was  sold. 

§10.  All  acts  and  parts  of  acts  in  conflict  with  the  provisions  of  this 
act  are  hereby  repealed. 

§  11.     This  act  shall  take  effect  immediately. 

ACT  4044. 

An  act  to  provide  for  the  levy  and  collection  of  taxes  by  and  for  the 
use  of  municipal  corporations  and  cities  incorporated  under  the  laws 
of  the  state,  excepting  municipal  corporations  of  the  first,  second, 
third',  and  fourth  classes,  and  cities  operating  under  a  charter  framed 
under  section  8,  Article  XI,  of  the  constitiition. 

[Approved  March  2,  1891.     Stats.  1891,  p.  22.] 
Citations.     Cal.  103/664. 

§  1.  The  board  of  trustees,  common  council,  or  other  legislative  body 
of  any  municipal  corporation,  or  city  in  this  state,  excepting  municipal 
corporations  of  the  first,  second,  third,  and  fourth  classes,  and  cities 
operating  under  a  charter  framed  under  section  8,  Article  XI,  of  the  con- 
stitution, shall  have  power,  and  it  shall  be  their  duty  to  fix,  by 
ordinance,  the  amount  of  money  necessary  to  be  raised  by  taxation  upon 
the  taxable  property  therein,  as  a  revenue  to  carry  on  the  various  de- 
partments of  such  corporation  or  city  for  the  current  year,  not  to  exceed 
the  limit  fixed  by  law,  and  to  pay  the  bonded  or  other  indebtedness  of 
such  municipal  corporation  or  city.  The  board  of  trustees,  common  coun- 
cil, or  other  legislative  body  shall  meet  for  such  purpose,  and  shall  so 
ascertain  and  fix  said  amount,  on  the  first  Mondaj  in  August  of  each 


Act  4044,  §§  2-5  GENERAL  LAWS.  1390  | 

year;  provided,  however,  that  the  provisions  of  this  act  shall  not  apply 
to  or  be  in  force  in  any  city  or  municipal  corporation  until  its  board  of 
trustees,  common  council,  or  other  legislative  body  shall  have  passed  an 
ordinance  electing  to  avail  itself  of  the  provisions  of  this  act,  and  filed 
a  certified  copy  of  the  same  with  the  auditor  of  the  county  in  which  such 
municipal  corporation  or  city  is  situated,  on  or  before  the  first  Monday 
in  March  of  each  year. 

§2.  The  county  auditor  must,  on  or  before  the  third  Monday  in 
August  of  each  year,  transmit  to  the  board  of  trustees,  common  council, 
or  other  legislative  body  of  each  municipal  corporation  or  city  within 
such  county  a  statement,  in  writing,  showing  the  total  value  of  all  prop- 
erty within  each  municipal  corporation  or  city,  respectively,  which  value 
shall  be  ascertained  from  the  assessment-book  of  such  county  for  such 
year,  as  equalized  and  corrected  by  the  board'  of  supervisors  for  such 
county. 

§  3.  Each  board  of  trustees,  common  council,  or  other  legislative  body 
of  such  municipal  corporation  or  city  shall,  on  the  first  Monday  of 
October,  fix  the  rate  of  taxes,  designating  the  number  of  cents  upon  each 
hundred  dollars,  using  as  a  basis  the  value  of  property  as  assessed  by  the 
county  assessor  and  so  returned  to  such  board  by  the  county  auditor,  as 
required  in  section  2  of  this  act,  which  rate  of  taxation  shall  be  sufficient 
to  raise  the  amount  so  fixed  by  such  board,  as  required  in  section  1  of 
this  act,  which  acts  by  said  board  are  declared  to  be  a  valid  assessment 
of  such  property  and  a  valid  levy  of  such  rates  so  fixed.  Such  municipal 
or  city  board  must  immediately  thereafter  transmit  to  the  county  auditor 
of  the  county  in  which  such  municipal  corporation  or  city  is  situated  a 
statement  of  such  rate  so  fixed  by  such  municipal  board. 

§4.     The  auditor  must  then  compute  and  enter  in  a  separate  column 

in  the  assessment-book,  to  be  headed  "City  Tax,  City  of  "   (naming 

it),  the  respective  sums,  in  dollars  and  cents,  to  be  paid  as  a  municipal 
or  city  tax  on  the  property  therein  enumerated  and  assessed  as  being 
in  any  municipal  corporation  or  city,  using  the  rate  or  levy  so  fixed 
by  such  municipal  board  and  the  assessed  value  as  found'  in  such  assess- 
ment-book; such  taxes  so  levied  shall  be  collected  at  the  same  time  and 
in  the  same  manner  as  state  and  county  taxes;  and  when  collected  the 
net  amount  as  ascertained  by  section  5  shall  be  paid  to  the  treasurer  of 
the  municipal  corporation  or  city  to  which  it  respectively  belongs,  under 
the  general  requirements  and  penalties  provided  by  law  for  the  settle- 
ment of  other  taxes. 

§5.  The  board  of  supervisors,  on  the  filing  of  itemized  statements  by 
the  county  auditor  and  county  tax  collector  showing  the  additional  ex- 
pense to  their  offices  of  assessing  and  collecting  these  local  taxes,  may, 
by  an  order  spread'  upon  its  minutes,  deduct  such  expenses  from  the  taxes 
of  each  municipal  corporation  or  city,  while  in  the  hands  of  the  county 
tax  collector,  and  cover  the  same  into  the  county  salary  fund. 


1391  TAXATION.  Act  4045 

§  6.  All  acts  and  parts  of  acts  in  conflict  with  the  provisions  of  this 
act  are  hereby  repealed. 

ACT  4045. 

An  act  in  relation  to  reassessment  of  property,  the  equalization  of  the 
same,  and  the  collection  of  taxes  thereon,  in  cases  where  a  former 
assessment  made  since  eighteen  hundred  and  seventy-nine  is  illegal 
or  invalid,  or  where  the  proceedings  for  the  collection  of  such  taxes 
have  been  ineffectual  by  reason  of  error,  irregularity,  or  invalidity, 
and  such  taxes  have  not  been  paid. 

[Approved  March  23,  1893.     Stats.  1893,  p.  290.] 
Citations.      Cal.  117/440;   124/500,  501;   125/498;  147/564;   150/640. 

§  1.  Every  assessment  of  property  made  after  the  year  one  thousand 
eight  hundred  and  seventy-nine  which  is  invalid,  or  may  hereafter  be 
adjudged  to  be,  by  reason  of  any  illegality,  invalidity,  or  irregularity  de- 
clared or  existing,  in  the  assessment  of  such  property,  or  in  the  mode 
provided  for  the  assessment  thereof,  shall  be  remade,  and  the  property 
reassessed  and  equalized  for  each  year  for  which  such  assessment  is 
invalid  as  aforesaid,  and  for  the  year  for  which  the  assessment  of  such 
property  was  invalid  as  aforesaid,  and  such  reassessment  and  equalization 
shall  be  made  by  the  same  officers  and  boards  at  the  same  time  or  times, 
as  are  now  prescribed  by  law  for  the  assessment  and  equalization  of 
property,  of  the  same  classes  or  kinds  as  the  property  which  hereby  is 
required  to  be  reassessed.  The  assessment  and  equalized  assessment  of 
such  property  shall  be  entered  on  the  several  assessment-rolls  or  books  in 
the  same  manner  that  assessments  of  such  property  are  or  were  required 
by  law  to  be  entered  for  the  year  or  years  during  which  such  reassess- 
ments shall  be  made.  And  there  is  hereby  levied  for  state  purposes  the 
same  rates  of  taxation  for  each  of  such  respective  years  as  were  hereto- 
fore levied  upon  such  property  for  each  of  said  years  for  said  state 
purposes. 

§  2.  All  taxes  for  counties,  cities  and  counties,  and  other  taxing  dis- 
tricts, shall  be  levied  by  the  proper  board  or  boards  upon  the  property 
mentioned  in  the  first  section  of  this  act,  at  the  same  rates  for  each 
respective  year  as  were  levied  upon  property  for  each  of  said  years  after 
the  year  eighteen  hundred  and  seventy-nine. 

§  3.  All  property  authorized  to  be  reassessed  by  this  act  shall  be  re- 
assessed and  equalized  by  the  proper  officers  and  boards  at  the  value  to 
which  and  to  the  person  or  corporation  to  whom  or  to  which 
such  property  ought,  for  each  of  such  years,  to  have  been  assessed, 
under  such  rules  of  notice  and  at  the  times  and  in  the  modes  as  are 
prescribed  for  the  assessment  and  equalization  of  like  classes  of  prop- 
erty; and  the  assessment  and  equalization  thereof,  and  the  levy  and 
collection  of  taxes  thereunder,  shall  be  made  by  the  proper  officers  at  the 
time,  upon  like  notice  and  in  the  manner  now  or  hereafter  provided  by 
law  for  making  assessments  and  equalizing  the  same  and  for  the  levy 


Acts  4046-4048  GENERAL  LAWS.  1392 

and  collection  of  taxes  on  like  classes  of  property;  and  if  the  taxes  so 
relevied  shall  become  delinquent,  there  shall  be  added  thereto  and  the 
amount  thereof  the  same  percentage  as  a  penalty  for  such  delinquency,  as 
is  added  to  other  delinquent  taxes  on  like  classes  of  property,  and  such 
delinquent  taxes  and  penalties  added  thereto  shall  be  collected  by  the 
proper  officers  in  the  manner  now  or  hereafter  provided  by  law  for  the 
collection  of  delinquent  taxes  and  penalties  upon  like  classes  of  prop- 
erty; the  collectors  of  such  taxes  to  allow  as  credits  thereon  all  pay- 
ments heretofore  made  on  the  tax  as  first  levied. 

§  4,  There  shall  be  no  limitation  or  limitations  as  to  the  time  in 
which  actions  for  the  collections  of  taxes  levied  under  this  act  may  be 
commenced,  and  all  the  provisions  of  law  now  or  hereafter  provided  in 
respect  to  the  assessments,  equalization,  levy,  and  collection  of  taxes 
shall,  where  applicable,  apply  to  reassessments,  equalization,  and  relevies 
and  collections  of  taxes  made  under  the  provisions  of  this  act. 

§  5.  This  act  shall  apply  to  taxes  for  revenue  only,  and  not  to  assess- 
ments for  local  improvements  or  street  purposes. 

§  6.     This  act  shall  take  effect  and  be  in  force  on  and  after  its  passage. 

ACT  4046. 

An  act  authorizing  the  payment  of  compensation  or  commission  to  per- 
sons employed  by  the  state  controller  and  attorney  general  or  by 
boards  of  supervisors  of  the  different  counties,  to  collect  delinquent 
state  and  county  taxes,  and  legalizing  all  payments  made  for  that 
purpose, 

[Approved  March  26,  1895.     Stats.  1895,  p.  94.] 

§  1.  That  all  sums  heretofore  paid  by  the  state  to  any  person  for 
compensation  or  commission  to  persons  for  collecting  delinquent  state 
and  county  taxes  in  pursuance  of  an  agreement  by  such  persons  with  the 
state  controller  and  attorney  general  for  such  collections,  and  all  sums 
heretofore  paid  by  any  board  of  supervisors  out  of  the  county  treasury 
as  compensation  or  commissions  tor  collecting  such  delinquent  taxes  in 
pursuance  of  an  agreement  by  such  persons  with  such  boards  of  super- 
visors, are  hereby  approved  and  legalized. 

§  2.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

ACT  4047. 

To   abolish   commissions  or   fees   paid  by  the   state   for  the   assessment, 
equalization,    auditing,    and    collection    of    ad    valorem    taxes.     [Ap- 
proved February  23,  1893,     Stats.  1893,  p.  5.] 
Citations,     Cal.  132/267. 

ACT  4048. 

To  abolish  commissions  or  fees  paid  by  the  state  for  the  assessment, 
equalization,  auditing,  and  collection  of  ad  valorem  taxes.  [Ap- 
proved March  14,  1899,     Stats.  1899,  p.  102.] 


1393  TAXATION.  Acts  4049-4052 

ACT  4049. 

To  prevent  the  maintenance  against  the  state  or  any  officer  thereof  by 
any  county  or  county  officer,  of  any  action  or  proceeding  for  the  col- 
lection or  recover}'  of  any  money  alleged  to  be  due  such  county  or 
any  oiificer  thereof  for  services  rendered  in  the  assessment,  equaliza- 
tion, auditing,  and  collection  of  ad  valorem  taxes.  [Approved  Feb- 
ruary 1(5,  1S99.  Stats.  1899,  p.  9.] 
Citations.      Cal.  132/277. 

ACT  4050. 

Prohibiting  the  payment  of  money  by  the  state  to  counties  and  cities  and 

counties    for    the    collection    of    taxes.     [Approved    March    4,    1899. 

Stats.  1899,  p.  56.] 

ACT  4051. 

An  act  to  repeal  an  act  of  the  legislature  of  the  state  of  California  en- 
titled "An  act  in  relation  to  the  assessment  and  collection  of  taxes 
upon  personal  property  in  the  city  and  county  of  San  Francisco," 
approved  March  18,  1874,  and  requiring  all  counties  and  cities  and 
counties  of  this  state  to  conform  to  the  requirements  of  the  provisions 
of  the  Political  Code  in  relation  to  the  assessment,  equalization,  levy, 
and  collection   of  taxes  for  revenue  purposes. 

[Approved  March  28,  1895.     Stats.  1895,  p.  308.] 

§1.  An  act  entitled  "An  act  in  relation  to  the  assessment  and  collec- 
tion of  taxes  upon  personal  property  in  the  city  and  county  of  San 
Francisco,"  approved  March  eighteenth,  eighteen  hundred  and  seventy- 
four,  is  hereby  repealed. 

§  2.  All  counties  and  cities  and  counties  of  this  state  are  hereby  re- 
quired to  conform  to  the  provisions  of  the  Political  Code  in  relation  to 
the  assessment,  equalization,  levy  and  collection  of  taxes  on  real  and 
personal  property  for  revenue  purposes,  and  all  laws  now  in  force  in  re- 
lation to  revenue  are  hereby  made  applicable  to  all  such  counties  and 
cities  and  counties. 

§  3.  All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby  re- 
pealed. 

§4.     This  act  shall  take  effect  immediately. 

The    act    of    1873-74,    was    declared   unconstitutional    in    People   v.   Pittsburg 
R.  R.  Co.,  67  Cal.  625. 

ACT  4052. 

An  act  concerning  the  assessment  of  animals. 
[Approved  March  30,  1872.     Stats.  1871-72,  p.  754.] 
This   act  was  not  repealed  by  provisions   of   Political   Code   respecting  assess- 
ment of  personal  property:  Rosasco  v.  Tuolumne  Co.,  143  Cal.  430. 
Gen.  Laws — 88 


Acts  4053,  4054  GENERAL  LAWS.  1894 

Attempted  to  be  modified  by  1873-74,  p.  376,  which  was,  however,  declared 
unconstitutional  in  People  v.  Townsend,  56  Cal.  634.  The  decision  seems  appli- 
cable to  both  statutes. 

Citations.     Cal.  148/432. 

Assessment  of  animals  temporarily  pasturing  in  any  coimty. 

§  1.  Whenever  any  person  residing  in  any  county  of  the  state,  and 
owning  any  neat  cattle,  horses,  mules,  sheep,  or  goats  therein,  shall  drive 
the  same  from  the  county  where  he  resides  into  any  other  county,  for  the 
purpose  of  temporarily  pasturing  the  same,  all  such  animals  shall  be  as- 
sessed in  and  for  the  county  where  such  owner  resides,  although  the 
said  animals  shall  not  be  at  the  time  of  said  assessment  in  said  county 
in  which  he  may  so  permanently  reside;  and  such  owner  shall  include 
such  animals  in  his  assessment  list,  and  the  assessor  of  the  county  where 
such  stock  are  so  temporarily  grazed  shall  list  the  same,  with  a  full  de- 
scription of  each  kind  and  the  number  of  the  same;  and  for  the  purpose 
of  making  such  list,  the  assessor  shall  have  power,  and  it  is  hereby  made 
his  duty,  to  examine  on  oath  the  person  or  persons  owning  or  having 
charge  of  such  cattle,  horses,  mules,  sheep,  or  goats,  touching  their  num- 
ber, ownership,  and  to  whom  and  in  what  county,  if  any,  they  have  been 
assessed  for  taxation.  The  list  made  out  as  aforesaid  by  the  assessor, 
together  with  a  full  statement  of  the  same,  shall  be  signed  and  sworn  to 
by  the  person  or  persons  owning  or  having  in  charge  such  stock. 

Duties  of  assessors  and  treasurers. 

§2.  The  assessor  shall  file  a  copy  of  said  list  of  such  stock  with  the 
county  treasurer  of  his  county,  and  another  copy  with  the  treasurer  of 
the  county  in  which  the  said  stock  was  first  listed  and  assessed  for  taxa- 
tion. Upon  filing  the  lists  aforesaid,  with  the  sworn  statement  therein 
that  the  stock  specified  in  said  lists  has  been  pastured  or  used  in  the 
county  mentioned  therein  during  the  grazing  season,  with  the  treasurer 
of  the  county  in  which  it  was  assessed  for  taxation,  said  treasurer  shall 
pay,  on  the  order  of  the  treasurer  of  the  county  in  which  the  stock  was 
so  pastured  or  used,  one-half  of  the  amount  of  taxes  paid  in  on  the  said 
stock,  less  the  cost  of  collection. 

§  3.  All  acts  or  parts  of  acts  in  conflict  with  this  act,  so  far  as  they 
are  in  conflict  with  this  act,  are  hereby  repealed. 

§  4.     This  act  shall  take  effect  from  and  after  its  passage. 

ACT  4053. 

To  regulate  the  assessment  of  migratory  herds  or  bands  of  livestock,  and 
to  provide  for  an  equitable  distribution  of  the  taxes  derived  there- 
from.    [Approved  March  16,  1874.     Stats.  1873-74,  p.  376.] 
Supplemented    1875-76,    p.    797,     Unconstitutional:    People    v.    Townsend,    56 
Cal.  633. 

ACT  4054. 

In  relation  to  moneys  belonging  to  the  state  derived  from  taxes  assessed 
on  mortgages.     [Approved  March  30,  1872.     Stats.   1871-72,  p.  762.} 


J 


1395  TAXATION.  Acts  4055-4059 

Ni!    in    force.      It   related   to   moneys    received   as    taxes    on   notes   secured  b7 
mortgage  in  the  years  1870  and  1871. 

ACT  4055. 

Tax  sales,  legalizing  certain  notices  of.     [Stats.  1873-74,  p.  140.] 
This  act  validated  the  proceedings  of  tax  collectors  in   1874. 

ACT  4056. 

Relief  of  taxpayers  whose  lands  have  been   sold  to   the  state.     [Stats. 
1875-76,  p.  687.] 
This   act   applied   to   lands    sold   for   the   years    1874   and    1875,    and   gave   one 
year  to  redeem. 

ACT  4057. 

For   the   relief   of   taxpayers   whose   lands   have   been   sold   to    the   state. 
[Stats.  1877-78,  p.  951.] 
"Probably  superseded  by  1880,  p.  9,  c.  XI,   and  by  Political  Code,   §  3780,  as 
amended  1895,  p.  328." — Code  Commissioners*   Note. 
This  act  gave  taxpayers  the  right  of  redemption. 

ACT  4058. 

Granting  relief  to  taxpayers  whose  lands  have  been  sold  to  the  state. 
[Stats.  1880,  p.  9.] 

Probably  superseded  by  Political   Code,   §  3780,   as   amended  1895. 

This  act  gave  a  right  of  redemption, 

ACT  4059. 

An  act  to  confirm,  validate  and  legalize  certificates  of  tax  sales  and  tax 
deeds  executed  to  the  state  of  California  for  property  sold  and  deeded 
thereto  for  nonpayment  of  taxes. 

[Approved  February  28,  1903.     Stats.  1903,  p.  63.] 
Citations.      Cal.  150/565,  566,  621;  151/236,  237,  239;  154/745.      App.  6/262, 
263,  264. 

§  1.  That  all  certificates  of  tax  sales  and  tax  deeds  made  to  this  state 
by  the  county  tax  collector,  which  certificates  and  deeds  are  based  upon 
the  sale  of  property  for  nonpayment  of  taxes,  and  which  certificates  and 
deeds  fail  to  recite  the  correct  date,  or  any  date,  when  the  right  of 
redemption  will  expire,  or  had  expired,  or  which  certificates  recite  an 
incorrect  date  when  the  state  would  be  entitled  to  a  deed,  be  and  they 
are  hereby  confirmed,  validated,  and  legalized,  and  the  same  shall  be  con- 
strued and  operate  at  all  times  and  upon  all  occasions  in  law  in  the 
same  manner  as  if  such  matters  and  things  required  by  law  had  been 
recited  therein  and  performed  in  the  first  instance;  provided,  that  in  all 
cases  five  years  shall  have  elapsed  between  the  date  of  sale  of  the  prop- 
erty to  the  state  for  nonpayment  of  taxes  and  the  date  of  the  execution 
of  such  deed. 

§2.     This  act  shall  take  efifect  immediately. 


Acts  4060,  4061  GENERAL  LAWS.  1396 

ACT  4060. 

An  act  authorizing  and  providing  for  suits  for  the  collection  of  delin- 
quent taxes   due  upon   personal   property. 
[Approved  March  13,  1903.     Stats.  1903,  p.  130.] 

§  1.  Each  eounty  and  city  and  county  may  sue  in  its  own  name  for 
the  recovery  of  any  and  all  moneys  due  or  hereafter  to  become  due  as 
delinquent  taxes  upon  any  and  all  personal  property,  where  no  real  prop- 
erty is  assessed  as  security  for  the  payment  of  such  personal  property 
taxes,  or  where,  in  the  judgment  of  the  board  of  supervisors,  there  is 
not  sufficient  real  property  assessed  to  secure  the  payment  of  such  per- 
sonal property  taxes,  whether  the  same  be  for  county  or  city  and  county, 
and  state  purposes,  or  either  of  them,  and  for  all  penalties  due  upon 
said  taxes  for  nonpayment  thereof.. 

§2.  On  the  trial  of  any  such  suit  the  assessment-roll  of  said  county  or 
city  and  county,  or  a  copy  of  any  entry  therein  duly  certified,  showing 
unpaid  taxes  against  the  defendant,  or,  in  cases  where  the  defendant 
is  sued  in  a  representative  capacity,  against  any  person  or  estate  he 
represents,  shall  be  prima  facie  evidence  of  the  plaintiff's  right  to  re- 
cover. 

§  3.  AH  actions  now  pending  for  the  collection  of  such  taxes  may  be 
carried  on  and  prosecuted  under  the  provisions  and  in  accordance  with 
this  act. 

§  4.  All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby 
repealed,  but  the  method  of  collecting  such  taxes  herein  provided  shall 
not  be  deemed  to  be  the  exclusive  method,  nor  shall  the  provisions  of 
this  act  in  any  manner  abrogate  or  modify  the  provisions  of  sections 
3831  or  3899  of  the  Political  Code  of  the  state  of  California. 

§5.  This  act  shall  take  effect  and  be  in  force  immediately  from  and 
after  its  passage. 

ACT  4061. 

An  act  prescribing  the  form  of  complaint  in  actions  to  recover  delinquent 
taxes,  and  to  authorize  the  bringing  of  suits  therefor. 
[Approved  April  23,  1880.     Stats.   1880,  p.  136   (Ban.  ed.  402).] 
Repealed  in  part   by  Political   Code,    §  3670,   as   amended   1883,   p.    65.      (San 
Diego   V.    Southern   Pacific  R.    Co.,    108    Cal.   46.)      On    the   point   as   to   whether 
this   act  is   still   in  force,   see   San  Bernardino    Co.   v.    Southern  Pac.   R.   R.   Co., 
70  Pac.  782. 

Citations.  Cal.  61/253,  254,  256,  257,  258;  69/648;  73/612;  75/173;  91/ 
434;  99/595,  599;  108/48;  137/661;  144/361;  145/60;  153/620,  621.  App. 
4/46,  47. 

Form  of  complaint  in  action  for  delintiuent  taxes. 

§1.  In  any  action  that  may  be  hereafter  commenced  in  any  county, 
or  city  and  county,  in  this  state,  for  the  collection  of  delinquent  taxes 


1397  TAXATION.  Acts  4062,  4063 

for  any  fiscal  year,  the  complaint  may  be  in  the  following  form,  and  shall 
be  legally  sulKcient,  and  on  the  trial  thereof  the  duplicate  assessment- 
roll  for  any  said  fiscal  year,  of  said  county,  or  city  or  county,  or  a  copy 
of  any  entry  therein  duly  certified,  showing  unpaid  taxes  against  the 
defendant,  or  in  cases  where  the  defendant  is  sued  in  a  representative 
capacity  against  any  person  or  estate  he  represents,  shall  be  prima  facie 
evidence  of  the  plaintiff's  right  to  recover: 

(Title  of  court.)  (Name  of  plaintiff)  vs.  (name  of  defendant.) 
Plaintiff  avers   that   defendant   is   indebted    to    plaintiff   in   the   sum   of 

$ (naming  the  amount  for  county,  or  city  and  county),  taxes,  with 

five  per  cent  penalty  added  thereto  for  the  nonpayment  thereof,  and 
interest  thereon  at  the  rate  of  two  per  cent  per  month  from  the  (date), 
and  fifty  cents  costs  of  advertising.  Plaintiff  further  avers  that  defend- 
ant is  indebted  to  plaintiff  in  the  further  sum  of  $ (naming  amount), 

for  state  taxes,  with  five  per  cent  penalty  added  thereto  for  the  non- 
payment thereof,  and  interest  thereon  at  the  rate  of  two  per  cent  per 
month  from  (date),  and  fifty  cents  costs  of  advertising,  which  said  taxes 
were  duly  assessed  and  levied  upon  (the  real  or  personal)  property  of 
said  defendant,  to  wit:  (describe  property  as  assessed),  for  the  fiscal 
year  (naming  the  year).  Wherefore,  plaintiff  prays  judgment  against 
said  defendant,  for  said  several  sums,  with  interest  and  penalty  as  afore- 
said, and  costs  of  suit.  (Signature  of  attorney.) 

And  in  any  case  where  the  defendant  is  sued  in  a  representative 
capacity,  such  other  further  or  additional  allegations  as  may  be  necessary 
to  charge  him  in  such  capacity;  and  it  is  further  provided,  that  any 
county,  or  city  and  county,  where  such  taxes  are  delinquent,  may  sue 
in  its  own  name  for  the  recovery  of  delinquent  taxes,  whether  the  same 
be  for  county,  or  city  and  county,  and  state  purposes,  or  taxes,  or  either 
of  them. 

§2.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

ACT  4062. 

To  protect  the  county  treasuries  of  certain  counties.     [Approved  March 
16,  1874.     Stats.  1873-74,  p.  393. J 
This  act  provides   that   the   assessors   of   Siskiyou,    Calaveras,    Amador,   and  Al- 
pine   counties    should   pay    the    salaries   of   deputies   employed   by    them.     It   was 
probably  repealed  by  the  County  Government  Act. 

ACT  4063. 

Firemen  in  certain   counties,   to  be   exempt   from   payment   of  poll   tax. 
[Stats.   1873-4,  p.   731.] 
Repealed  1875-76,  p.  287. 

This  act  exempted  the  firemen  of  the  counties  of  Nevada,   Placer,   El  Dorado, 
Alameda,  and  Siskiyou. 


Acts  4064-4077  GENERAL  LAWS.  1398 

ACT  4064. 

An  act  to  legalize,  confirm,  and  validate  tax  deeds  made  to  the  state  of 
California  for  delinquent  taxes,  and  deeds  made  to  purchasers  of 
property  sold  under  and  in  pursuance  of  the  provisions  of  sections 
3897  and  3S98  of  the  Political  Code.  [Approved  April  15,  1909. 
Stats.  1909,  p.  920.] 

TITLE  515. 
TEHAMA    COUNTY. 
ACT  4068. 

To   protect   agriculture   and  prevent   trespassing  of   animals  in.     [Stats. 
1873-74,  p.  853.] 
Amended   1875-76,  p.   643. 

"Modified  and  probably  repealed  by   1S77-78,  p.   176,  c.   CXXXVI,  and  1897, 
p.  198.      See  the  estray  law  of  1901,  p.   603." — Code  Commissioners'   Note. 

ACT  4069. 

Eelating  to  salary  and  duties  of  assessor  of.  [Stats.  1871-72,  p.  756.] 
Repealed  by  County  Government  Act,  1897,  p.  452. 

ACT  4070. 

Canal   companies   in,   authorizing   incorporation   of.     [Stats.    1871-72,   p. 
732.] 
Supplementing  act  of  April  2,  1870. 

ACT  4071. 

Cemeteries  in,  supporting.     [Stats.  1871-72,  p.  872.] 
ACT  4072. 

Eelating  to  certain  of&cers  of.     [Stats.  1871-82,  p.  755.] 
Repealed  by  County  Government  Act,  1897,  p.  552,   §  193. 

This   act   fixed   the   salary  of   the   district   attorney   and  permitted   the   county 
clerk  to  hire  a  deputy. 

ACT  4073. 

Eefunding  debt  of.     [Stats.  1875-76,  p.  69.] 
ACT  4074. 

Partition  fences  in,     [Stats.  1875-76,  p.  207,] 
ACT  4075. 

Authorizing  transcribing  records  of  Tehama  County  from  the  records  of 
Colusa,  Shasta,  and  Butte  counties.     [Stats.  1859,  p.  151.] 

ACT  4076. 

Eoad   poll  tax.     [Stats.   1873-74,  p.  431.] 
As  to  assessors  retaining  fees,  repealed  by  County  Government  Acts:    See  1807, 
p.  552,   §  193. 

ACT  4077. 

Eoad  poll  tax  and  hospital  poll  tax.     [Stats.  1877-78,  p.  211.] 
Repealed  as  to  poll-tax  by  Political  Code,  $  2652,  and  by  the  provisions  of  the 
Tarioui  County  Oovemment  Acts. 


1399  TEHAMA,  TOWN   OF— .TELEGRAPH  LINES.        Acts  4078-4094 

ACT  4078. 

Eedistricting   and   reorganizing   board   of   supervisors.     [Stats.    1873-74, 
p.  816.] 
Superseded  by  County  Government  Acts:   See  1897,  p.  452. 

ACT  4079. 

Making   treasurer   of   ex   officio   tax  collector.     [Stats.   1873-74,  p.   796.] 
Amended  1875-76,  p.  232.     Repealed  by  County  Government  Acts:   See  1897, 
p.   452. 

TITLE  516. 
TEHAMA,  TOWN  OF. 
ACT  4084. 

To   prevent   hogs   from  running   at   large   in.     [Stats.    1873-74,    p.    776.] 
Repealed  1877-78,  p.  79. 

TITLE  517. 
TELEGRAPH  LINES. 
ACT  4089. 

Concerning  telegraphic  messages  and  to  secure  secrecy  and  fidelity  in 
the    transmission    thereof.     [Stats.    1861,    p.    380.] 
Superseded  by  statute  of  1862,  p.  288. 

ACT  4090. 

For  regulating  telegraphs  and  to  secure  secrecy  and  fidelity  in  the  trans- 
mission of  telegraphic  messages.     [Stats.  1862,  p.  288.] 
Amended  1863-64,  p.  232. 

"As  to  Penal  provisions,  superseded  by  Penal  Code  (see  §§  619-621,  680; 
Civil  Code,  §  1017)  ;  but  section  17,  relating  to  contracts  and  communications, 
probably  remains  in  force." — Code  Commissioners'  Note. 

ACT  4091. 

Providing  for  the  construction  of  a  telegraph  line  between  the  Atlantic 

and  the  Pacific.     [Stats.  1865-66,  p.  102.] 
ACT  4092. 

Providing   for   the   construction   of   a   telegraph   line   from   San   Jose   to 
San  Bernardino.     [Stats.  1865-66,  p.  308.] 
Amended   1867-68,   p.   530. 

ACT  4093. 

Authorizing   telegraph   between   Los   Angeles   and    Wilmington.     [Stats. 

1871-72,  p.  87.] 
ACT  4094. 

Telegraphic  communication  between  America  and  Asia,  act  to  facilitate. 
[Stats.  1871-72,  p.  97.] 


Act4097,  §§  1,  2  GENERAL  LAWS.  1400 

TITLE  518. 
TENEMENT  HOUSES. 
ACT  4097. 

An  act  to  regulate  the  building  and  occupancy  of  tenement  houses  in 
incorporated  towns,  incorporated  cities  and  cities  and  counties,  and 
to  provide  penalties  for  the  violation  thereof. 

[Approved  April  16,  1909.     Stats.   1909,  p.  948.] 

Tenement  house  act, 

§1.  This  act  shall  be  known  as  the  tenement  house  act,  and  its  pro- 
visions shall  apply  to  all  incorporated  towns,  incorporated  cities,  cities 
and  counties  in  the  state  of  California. 

Definition  of  phrases. 

§  2.  For  the  purpose  of  this  act  certain  words  and  phrases  are  defined 
as  follows: 

A  tenement  house  is  any  house  or  building,  or  portion  thereof,  which 
is  rented,  leased,  let  or  hired  out,  to  be  occupied  or  is  occupied  as  the 
home  or  residence  of  three  families  or  more  living  independently  of  each 
other,  and  doing  their  cooking  upon  the  premises,  or  by  more  than  two 
families  upon  any  floor  so  living  and  cooking,  but  having  a  common  right 
in  the  halls,  stairways,  yards,  water-closets  or  privies  or  some  or  any 
of  them. 

An  apartment  in  a  tenement  house  is  a  room  or  suite  of  rooms  which 
is  occupied,  or  is  intended  or  designed  to  be  occupied  as  a  family  domi- 
cile. 

A  yard  is  an  open,  unoccupied  space  on  the  same  lot  with  a  tenement 
house,  between  the  extreme  rear  line  of  the  house  and  the  rear  line  of 
the  lot. 

A  court  is  an  open,  unoccupied  space,  other  than  a  yard,  on  the  same 
lot  with  a  tenement  house.  A  court  not  extending  to  the  street  or  yard 
is  an  inner  court.  A  court  extending  to  the  street  or  yard  is  an  outer 
court.  If  it  extends  to  the  street  it  is  a  street  court.  If  it  extends  to 
the  yard  it  is  a  yard  court.  If  it  extends  from  the  street  to  the  yard  it 
is  a  street-to-yard  court.  A  court  bounded  on  one  side  and  both  ends 
by  a  tenement  house  and  on  the  remaining  side  by  a  lot  line  is  a  "lot- 
line"  court. 

A  shaft  includes  exterior  and  interior  shafts,  whether  for  air,  light, 
elevator,  dumbwaiter,  or  any  other  purpose.  A  vent  shaft  is  one  used 
solely  to   ventilate  or  light  a  water-closet  compartment   or  bathroom. 

A  public  hall  is  a  hall,  corridor  or  passageway  not  within  an  apart- 
ment. 

A  stair  hall  includes  the  stairs,  stair  landings  and  those  portions  of  the 
public  halls  through  which  it  is  necessary  to  pass  in  going  between  the 
entrance  hall  and  the  roof. 

A  basement  is  a  story  partly  below  the  level  of  the  curb,  the  ceiling 
of  which  is  not  less  than  four  feet  six  inches  above  the  curb  level. 

A  cellar  is  any  story  partly  or  wholly  below  the  level  of  the  curb,  the 
ceiling  of  which  is  less  than  four  feet  six  inches  above  the  curb  level. 


1401  TENEMENT  HOUSES.  Act  4097,  5  §  3-6 

A  fireproof  tenement  house  is  one  the  walls  of  which  are  constructed 
of  brick,  stone,  iron  or  other  incombustible  material,  and  in  which  there 
are  no  wood  beams  or  lintels  and  in  which  the  floors,  roofs,  stair  halls 
and  public  halls  are  built  entirely  of  brick,  stone,  iron,  or  other  hard 
incombustible  material,  and  in  which  no  woodwork  or  other  inflammable 
material  is  used  in  any  of  the  partitions,  furrings  or  ceilings.  But  this 
definition  shall  not  be  construed  as  prohibiting  elsewhere  than  in  the 
stair  halls  or  entrance  halls,  the  use  of  wooden  flooring  on  top  of  the 
flreproof  floors  or  the  use  of  wooden  sleepers,  nor  as  prohibiting  wooden 
hand  rails,  and  hardwood  treads. 

The  term  curb  level  wherever  used  in  this  act  means  the  level  of  the 
curb  directly  in  front  of  the  middle  of  the  street  line  of  the  tenement 
house;  where  a  tenement  house  is  on  a  corner  lot,  or  on  a  lot  which  runs 
through  from  one  street  to  another  street,  and  there  is  more  than  one 
grade  or  level,  the  lowest  level  shall  be  taken. 

Buildings  converted  to  tenement  uses. 

§  3.  A  building  not  erected  for  use  as  a  tenement  house,  if  hereafter 
altered  or  converted  to  such  use,  shall  thereupon  become  subject  to  all 
of  the  provisions  of  this  act  affecting  tenement  houses  hereafter  erected. 

Unlawful  structure  defined. 

§  4.  No  tenement  house  shall  at  any  time  be  altered  so  as  to  be  in 
violation  of  any  provision  of  this  act.  If  any  tenement  house  or  any 
part  thereof  be  occupied  by  more  families  than  provided  by  this  act, 
or  is  erected,  altered  or  occupied  contrary  to  law,  such  tenement  house 
shall  be  deemed  an  unlawful  structure,  and  the  department  charged 
with  the  enforcement  of  this  act  may  cause  such  building  to  be  vacated. 
And  such  building  shall  not  again  be  occupied  until  it  or  its  occupation, 
as  the  case  may  be,  has  been  made  to  conform  to  the  law. 

Fireproof  tenement. 

§5.  Every  tenement  house  hereafter  erected  exceeding  six  stories  or 
parts  of  stories  in  height  (above  the  curb)  shall  be  a  fireproof  tenement 
house,  nor  shall  any  such  tenement  house  be  altered  so  as  to  exceed 
such  height  without  being  made  fireproof.  A  cellar  is  not  a  story  withiu 
the  meaning  of  this  section,  provided  that  no  part  of  such  cellar  or  base- 
ment is  occupied  or  arranged  to  be  occupied  for  living  purposes. 

Fire-escapes, 

§  6.  Every  tenement  house  that  is  occupied  or  is  intended  to  be  occu- 
pied shall  be  provided  and  equipped  with  stand-pipes  and  with  metallic 
fire-escapes,  combined  with  suitable  metallic  balconies,  platforms  and 
railings,  as  provided  for,  or  which  shall  be  provided  for  by  the  ordinances 
of  the  incorporated  town,  city,  or  city  and  county  in  which  the  tenement 
house  is  situated.  No  encumbrance  of  any  kind  shall  at  any  time  be 
placed  before,  upon  or  against  any  stairway,  steps  or  landings  or  fire- 
escapes  in  or  upon  any  tenement  house.  All  fire-escapes  upon  tenement 
houses  shall  be  kept  in  good  order  and  repair,  and  every  exposed  part 
thereof  shall  at  all  times  be  protected  against  rust  by  durable  paint. 


Act  4097,  §§  7-11  GENERAL  LAWS.  1402 

Bulkhead  in  roof. 

§7.  Every  tenement  house  hereafter  erected  shall  have  in  the  roof 
a  fireproof  bulkhead  with  a  fireproof  door  to  the  same,  and  shall  have 
fireproof  stairs  with  a  guide  or  hand  rail  leading  to  the  roof,  except  that 
in  tenement  houses  hereafter  erected,  which  do  not  exceed  four  stories 
and  a  cellar  in  height,  and  which  are  not  also  occupied  or  arranged  to 
be  occupied  by  more  than  two  families  on  any  floor,  such  bulkheads  may 
be  of  wood  covered  with  metal  on  both  sides.  The  stairs  leading  to  such 
bulkheads  shall  be  constructed  as  specified  in  sections  8  and  11  of  this 
act. 

Width  of  stairs. 

§8.  Every  tenement  house  hereafter  erected  shall  have  at  least  one 
flight  of  stairs  extending  from  the  entrance  floor  to  the  roof,  and  the 
stairs  and  public  halls  therein  shall  be  at  least  three  feet  wide  in  the 
clear. 

Additional  stairways  in  non-fireproof  houses. 

§  9.  Every  non-fireproof  tenement  house  hereafter  erected  containing 
over  fifty  (50)  rooms,  exclusive  of  bathrooms,  above  the  entrance  story, 
shall  also  have  an  additional  flight  of  stairs  for  every  additional  eighty 
(80)  rooms  or  fraction  thereof;  if  said  house  contains  not  more  than  one 
hundred  (100)  rooms  above  the  entrance  story,  in  lieu  of  an  additional 
stairway,  the  stairs,  stair  halls  and  entrance  halls  throughout  the  entire 
building  shall  be  at  least  one  half  wider  than  is  specified  in  sections  8 
and  12  of  this  act. 

Additional  stairways  in  fireproof  houses, 

§  10.  Every  fireproof  tenement  house  hereafter  constructed  containing 
over  one  hundred  and  twenty  (120)  rooms  above  the  entrance  story, 
exclusive  of  bathrooms,  shall  have  an  additional  flight  of  stairs  for  every 
additional  one  hundred  and  twenty  (120)  rooms  or  fraction  thereof;  but 
if  said  house  contains  not  more  than  one  hundred  and  eighty  (180)  rooms 
above  the  entrance  story,  exclusive  of  bathrooms,  in  lieu  of  an  additional 
stairway,  the  stairs,  stair  halls  and  entrance  halls  throughout  the  entire 
building  may  each  be  at  least  one  half  wider  than  is  specified  in  sections 
8,  11  and  12  of  this  act.  And  if  such  house  contains  not  more  than  three 
hundred  (300)  rooms  above  the  entrance  story,  exclusive  of  bathrooms, 
in  lieu  of  three  stairways  there  may  be  but  two  stairways,  provided  that 
one  of  such  stairways  and  the  stair  halls  and  entrance  halls  connected 
therewith  are  at  least  one  half  wider  than  is  specified  in  sections  8,  11 
and  12  of  this  act. 

Construction  of  stairways. 

§  11.  Each  flight  of  stairs  mentioned  in  the  last  three  sections  shall 
have  an  entrance  on  the  entrance  floor  from  the  street  or  street  court, 
or  from  an  inner  court  which  connects  directly  with  the  street.  All 
stairs  shall  be  constructed  with  a  rise  of  not  more  than  eight  inches,  and 
with  treads  not  less  than  nine  inches  wide,  exclusive  of  nosings.     "Where 


1403  TENEMENT  HOUSES.  Act  4097,  §§  12-18 

winders  are  used  all  treads  at  a  point  eighteen  inches  from  the  strings 
on  the  wall  side  shall  be  at  least  ten  inches  wide. 

Width  of  entrance  halls. 

§  12.  Every  entrance  hall  in  a  tenement  house  hereafter  erected  shall 
be  at  least  three  feet  six  inches  in  the  clear  from  the  entrance  up  to  and 
including  the  stair  inclosure,  and  beyond  this  point  at  least  three  feet 
wide  in  the  clear.  In  every  tenement  house  hereafter  erected,  access 
shall  be  had  from  the  street  to  the  yard,  either  in  a  direct  line  or  through 
a  court. 

Closets  under  stairways. 

§  13.  In  non-fireproof  tenement  houses  hereafter  erected  no  closet  of 
any  kind  shall  be  constructed  under  any  stairway  leading  from  the  first 
story,  exclusive  of  the  cellar,  to  the  upper  stories,  but  such  space  shall 
be  left  entirely  open  and  kept  clear  from  encumbrance. 

Entrance  to  cellar. 

§  14.  In  every  tenement  house  hereafter  erected  there  shall  be  an 
entrance  to  the  cellar  or  other  lowest  story  from  the  outside  of  said 
building. 

Wooden  buildings  not  permitted,  where. 

§  15.  "Within  the  fire  limits  of  any  incorporated  town,  incorporated 
city  or  city  and  county,  no  wooden  building  not  now  used  as  a  tenement 
house  shall  be  hereafter  erected  for,  altered  or  converted  to  such  use. 
But  outside  of  the  fire  limits  tenement  houses  not  exceeding  four  stories 
in  height,  exclusive  of  the  cellar,  may  be  erected  of  wood. 

Increase  of  height. 

§  16.  No  wooden  tenement  house  shall  be  increased  in  height  so  as  to 
exceed  four  stories,  exclusive  of  the  cellar. 

Keeping  of  combustibles. 

§  17.  No  tenement  house  nor  any  part  thereof,  nor  of  the  lot  upon 
which  it  is  situated,  shall  be  used  as  a  place  of  storage,  keeping  or 
handling  of  any  combustible  article  except  under  such  conditions  as  may 
be  prescribed  by  the  department  of  any  incorporated  town,  incorporated 
city  or  city  and  county  to  which  this  act  applies,  which  are  now  charged 
with  the  enforcement  of  laws,  ordinances  and  regulations,  relating  to 
the  erection  of  buildings,  the  protection  of  public  health,  and  police  and 
fire  protection.  No  tenement  house  nor  any  part  thereof,  nor  of  the 
lot  upon  which  it  is  situated,  shall  be  used  as  a  place  of  storage,  keep- 
ing or  handling  of  any  article  dangerous  or  detrimental  to  life  or  health, 
nor  for  the  storage,  keeping  or  handling  of  feed,  hay,  straw,  excelsior, 
cotton,  paper  stock,  feathers  or  rags. 

Boiling  of  fat. 

§  18.  No  bakery  and  no  place  of  business  in  which  fat  is  boiled  shall 
be  maintained  in  any  tenement  house  which  is  not  fireproof  throughout, 


Act  4097,  §§  19-23  GENERAL  LAWS.  1404 

unless  the  ceilings  and  side  walls  of  said  bakery  or  place  where  fat 
boiling  is  done  are  made  safe  by  fireproof  materials  around  the  same, 
and  there  shall  be  no  openings  either  by  door  or  window,  amnb-waiter 
shafts  or  otherwise,  between  said  bakery  or  said  place  where  fat  is  boiled 
in  any  tenement  house  and  the  other  parts  of  said  building. 

Paints  and  oils. 

§  19.  All  transoms  and  windows  opening  into  halls  from  any  portion 
of  a  tenement  house  where  paint,  oil,  spirituous  liquors  or  drugs  are 
stored  for  the  purpose  of  sale  or  otherwise,  shall  be  glazed  with  wire 
glass  or  they  shall  be  removed  and  closed  up  as  solidly  as  the  rest  of 
the  wall.  And  all  doors  leading  into  such  hall  from  such  portion  shall 
be  made  fireproof. 

Yard  requirements. 

§  20.  Behind  every  tenement  house  hereafter  erected  there  shall  be 
a  yard  extending  across  the  entire  width  of  the  lot,  and  except  as  provided 
in  section  23,  at  every  point  open  from  the  ground  to  the  sky  unob- 
structed except  that  fire-escapes  or  uninclosed  outside  stairs  may  pro- 
ject not  over  four  feet  from  the  rear  line  of  the  house.  The  depth  of 
said  yard,  measured  from  the  extreme  rear  wall  of  the  house  to  the  rear 
line  of  the  lot,  shall  be  as  set  forth  in  the  following  sections: 

Same. 

§  21.  No  tenement  house  shall  hereafter  be  enlarged  or  its  lot  dimin- 
ished, so  that  the  yard  shall  be  less  in  depth  than  the  minimum  depths 
prescribed  by  this  act.  The  measurements  in  all  cases  to  be  taken  from 
the  extreme  rear  wall  of  the  building  to  the  rear  line  of  the  lot,  and 
across  the  full  width  of  the  lot,  and  such  yard  shall  be  at  every  point 
open  from  the  ground  to  the  sky,  except  as  provided  for  elsewhere  in 
this  act. 

Depth  of  yard. 

§22.  Except  upon  a  corner  lot  or  upon  a  lot  running  through  from 
street  to  street,  as  provided  in  sections  23  and  24,  the  depth  of  the  yard 
behind  every  tenement  house  hereafter  erected  sixty  feet  in  height  shall 
not  be  less  than  twelve  feet  in  every  part.  Said  yard  shall  be  increased 
in  depth  one  foot  for  every  additional  twelve  feet  of  height  of  the  build- 
ing, or  fraction  thereof;  and  may  be  decreased  in  depth  one  foot  for 
every  twelve  feet  of  height  of  the  building  less  than  sixty  feet;  but  it 
shall  never  be  less  than  ten  feet  in  depth  in  any  part. 

Yardway  between  streets. 

§  23.  "Whenever  a  tenement  house  is  hereafter  erected  upon  a  lot  which 
runs  through  from  one  street  to  another  street,  or  alley  of  not  less  Un 
sixteen  (16)  feet  in  width,  and  said  lot  is  not  less  than  eighty  feet  nor 
more  than  one  hundred  feet  in  depth,  there  shall  be  a  yard  space  through 
the  center  of  the  lot  midway  between  the  two  streets,  which  space  shall 
extend   across  the  full  width  of  the  lot  and   shall  never  be  less   than 


1405  TENEMENT  HOUSES.  Act  4097,  §§  24-28 

twelve  feet  in  depth  from  wall  to  wall,  and  shall  be  increased  in  depth 
as  prescribed  in  section  22  of  this  act.  Such  yard  space  may  start  at 
the  level  of  the  second  tier  of  beams,  but  never  at  a  point  more  than 
fourteen  feet  above  the  curb  level.  Where  such  lot  is  over  one  hundred 
feet  in  depth  such  yard  space  shall  be  left  through  the  center  of  the  lot 
midway  between  the  two  streets,  and  shall  extend  across  the  entire  width 
of  the  lot,  and  shall  not  be  less  than  twenty-four  feet  in  depth  from  wall 
to  wall  and  shall  be  increased  in  depth  as  prescribed  in  section  22  of 
this  act.  Where  such  lot  is  one  hundred  and  fifty  feet  or  more  in  depth 
such  yard  shall  be  at  every  point  open  from  the  ground  to  the  sky 
unobstructed,  except  by  fire-escapes  and  uninclosed  outside  stairs  pro- 
jecting not  more  than  four  feet  from  the  building. 

Depth  of  yard  on  comer  lots. 

§  24.  The  depth  of  the  yard  behind  every  tenement  house  hereafter 
erected  upon  a  corner  lot  shall  be  not  less  than  ten  feet  in  every  part 
and  at  every  point  open  and  unobstructed  from  the  ground  to  tbo  sky, 
provided  that  where  any  such  lot  is  less  than  one  hundred  feet  in  depth, 
the  depth  of  the  yard  be  not  less  than  ten  per  centum  of  the  greatest 
depth  of  such  lot,  but  shall  never  be  less  than  five  feet  in  every  part, 
nor  less  than  the  minimum  width  of  an  outer  court  on  the  lot  line  as 
prescribed  by  this  act.  Where  a  corner  lot  is  more  than  fifty  feet  in 
width,  the  yard  for  that  portion  in  excess  of  fifty  feet  shall  conform  to 
the  provisions  of  section  22  of  this  act. 

Court  to  be  open  to  sKy. 

§  25.  No  court  of  a  tenement  house  hereafter  erected  shall  be  covered 
by  a  roof  or  skylight,  but  every  such  court  shall  be  at  every  point  open 
from  the  ground  to  the  sky  unobstructed,  except  that  fire-escapes  as  re- 
quired by  law  or  by  the  ordinances  or  regulations  of  incorporated  towns, 
incorporated  cities  or  cities  and  counties  to  which  this  act  applies,  may 
project  into  a  court,  but  no  more  than  four  feet  from  the  wall  of  the 
house.  All  courts  in  tenement  houses  hereafter  erected  shall  conform 
to  the  requirements  of  the  following  sections: 

Outer  courts,  widths  of. 

§  26.  The  outer  courts  of  all  tenement  houses  shall  have  not  less  than 
the  following  minimum  widths: 

Building.  Least    Width. 

2  stories  4  feet 

3  stories   4  feet  6  inches 

4  stories   5  feet 

5  stories   6  feet 

6  stories   8  feet 

7  stories 10  feet 

8  stories   12  feet 


Act  4097,  §§  27-30  GENERAL  LAWS.  1406 

Inner  courts,  widths  of.    Lot  line  courts. 

§27.  The  inner  courts  of  all  tenement  houses  shall  have  areas  and 
minimum  widths  in  all  parts,  not  less  than  the  widths  and  areas  as  fol- 
lows: 

Building.  Square  Feet.  Least  Width. 

2  stories   100   6  feet 

3  stories   120   7  feet 

4  stories   ]60   8  feet 

5  stories   250   12  feet 

6  stories   400   16  feet 

7  stories   625   20  feet 

8  stories   840   24  feet 

Lot  line  courts  shall  have  areas  and  minimum  widths  in  all  parts  not 
less  than  one-half  of  those  specified  in  the  above  table  of  inner  courts. 

Inner  court  intakes. 

§  28.  Every  inner  court  including  lot  line  courts  shall  be  provided  with 
one  or  more  horizontal  intakes  at  the  bottom.  Such  intakes  shall  always 
communicate  directly  with  the  street  or  yard,  and  shall  each  consist  of 
a  passageway  not  less  than  three  feet  wide  and  six  feet  six  inches  high 
which  shall  be  left  open,  or  if  not  open  there  shall  always  be  provided 
in  said  passageway  open  grilles  or  transoms  of  a  size  not  less  than  ten 
square  feet  each,  and  such  open  grilles  or  transoms  shall  never  be  covered 
with  glass  or  in  any  other  way.  There  shall  be  at  least  two  such  grilles 
or  transoms  in  each  passageway,  one  at  the  inner  court  and  the  other  at 
the  street  or  yard,  as  the  case  may  be. 

Lot  space  that  may  be  occupied. 

§29.  No  tenement  house  hereafter  erected  shall  occupy  more  than 
ninety  per  centum  of  a  corner  lot,  or  more  than  seventy  per  centum  of 
any  other  lot,  except  as  otherwise  provided  in  this  act;  provided  that 
the  space  occupied  by  fire-escapes  erected  and  constructed  according  to 
law,  shall  not  be  deemed  a  part  of  the  lot  occupied,  but  that  the  space 
occupied  by  outside  fireproof  stairs,  by  vent  shafts  thirty-two  square 
feet  or  less  in  area,  and  by  recesses  for  fire-escapes  as  provided  for  shall 
be  considered  a  part  of  the  lot  occupied.  For  the  purposes,  of  this  section 
the  measurements  may  be  taken  at  the  level  of  the  second  tier  of  beams, 
but  never  at  a  point  more  than  fourteen  feet  above  the  curb  level. 

Comer  lot  defined. 

§  30.  By  a  corner  lot  is  meant  a  lot  situated  at  the  junction  of  two 
streets,  or  of  a  street  and  public  alley  not  less  than  sixteen  feet  in  width. 
Any  portion  of  the  width  of  such  lot  distant  more  than  fifty  feet  from 
such  junction  shall  not  be  regarded  as  part  of  a  corner  lot,  but  shall  be 
subject  to  the  provisions  of  this  act  respecting  other  than  corner  lots. 
Where,  in  any  corner  lot,  the  two  frontages  are  of  unequal  length,  the 
lesser  street  frontage  shall  be  taken  as  the  width  of  the  lot.  Street 
frontage  alone  and  not  alley  frontage  shall  be  considered  in  determining 
such  lesser  frontage. 


1407  TENEMENT  HOUSES.  Act  4097,  §5  31-35 

Minimum  distance  between  buildings. 

§  31.  No  existing  tenement  house  shall  (unless  the  rear  of  the  lot 
upon  which  it  stands  abuts  upon  a  public  alley  at  least  ten  feet  wide) 
hereafter  be  enlarged  or  its  lot  be  diminished  so  that  any  building 
on  such  lot  shall  at  any  point  approach  nearer  than  ten  feet  to 
the  rear  line  of  the  lot.  "Where  a  tenement  house,  now  or  hereafter 
erected,  stands  upon  a  lot,  other,  than  a  corner  lot,  no  other  building 
shall  hereafter  be  placed  upon  the  front  or  rear  of  that  lot,  unless  the 
mininuim  distance  between  such  buildings  be  at  least  ten  feet,  if  neither 
building  exceeds  the  height  of  one  story;  or  fifteen  feet  if  either  build- 
ing exceeds  the  height  of  one  story,  but  not  the  height  of  two  stories; 
and  so  on,  five  additional  feet  to  be  added  to  such  minimum  distance 
of  ten  feet  for  every  story  more  than  one  in  the  height  of  the  highest 
building  on  such  lot.  Every  rear  tenement  hereafter  erected,  or  every 
tenement  that  hereafter  becomes  a  rear  tenement  by  the  erection  of  a 
building  or  buildings  on  the  front  of  the  same  lot,  shall  have  direct 
access  to  a  street  or  to  a  public  alley  at  least  sixteen  feet  wide,  by  a 
passageway  not  less  than  five  feet  wide  by  seven  feet  high. 

Measurements  may  be  taken,  where. 

§  32.  No  tenement  house  shall  hereafter  be  enlarged  or  its  lot  dimin- 
ished, so  that  a  greater  percentage  of  the  lot  shall  be  occupied  by  build- 
ings or  structures  than  provided  for  in  section  29  of  this  act.  For  the 
purposes  of  this  section  the  measurements  may  be  taken  at  the  level 
of  the  second  tier  of  beams  but  never  at  a  point  more  than  fourteen 
feet  above  the  curb  level;  provided  that  the  space  occupied  by  fire- 
escapes,  and  by  chimneys  or  flues  located  in  yards  and  attached  to  the 
house,  which  do  not  exceed  five  square  feet  in  area  and  do  not  obstruct 
light  or  ventilation,  shall  not  be  deemed  a  part  of  the  lot  occupied. 

Maxim.um  height. 

§  33.  The  height  of  no  tenement  house  hereafter  erected  shall  by  more 
than  one-half  exceed  the  width  of  the  widest  street  upon  which  it  stands. 

Windows. 

§  34.  In  every  tenement  house  hereafter  erected,  every  room  except 
water-closet  compartments  and  bathrooms  shall  have  at  least  one  window 
opening  directly  upon  the  street,  or  upon  a  yard  or  court  of  the  dimen- 
sions specified  in  sections  20  to  27  of  this  act,  and  such  windows  shall  be 
so  located  as  to  properly  light  all  portions  of  such  rooms. 

Window  area. 

§  35.  In  every  tenement  house  hereafter  erected,  the  total  window 
area  in  each  room,  except  water-closet  compartments  and  bathrooms,  shalli 
be  at  least  one-eighth  of  the  superficial  area  of  the  room,  except  in  the 
cellar  or  basement,  where  it  shall  be  one-sixth,  and  the  upper  half  of  all 
windows  shall  be  made  so  as  to  open  the  full  width.  No  such  window 
shall  be  less  than  twelve  square  feet  in  area  between  the  stop  beads. 


Act  4097,  §§  36-40  GENERAL  LAWS.  1408 

Eooms,  minimum  dimensions. 

§  36.  In  every  tenement  house  hereafter  erected,  all  rooms,  except 
water-closet  compartments  and  bathrooms,  shall  be  of  the  following  di- 
mensions: In  each  apartment  there  shall  be  at  least  one  room  containing 
not  less  than  one  hundred  and  twenty  square  feet  of  floor  area,  and 
each  other  room  shall  contain  at  least  eighty  square  feet  of  floor  area. 
Each  room  shall  be  in  every  part  not  less  than  eight  feet  six  inches  from 
the  finished  floor  to  the  finished  ceiling;  provided,  that  an  attic  room 
need  be  but  eight  feet  six  inches  high  in  but  one-half  its  area. 

Alcove  rooms. 

§  37.  Alcove  rooms  must  conform  to  all  the  requirements  of  other 
rooms. 

Windows  in  public  halls. 

§  38.  In  every  tenement  house  which  is  hereafter  erected,  which  is 
occupied  or  arranged  to  be  occupied  by  more  than  two  families  on  any 
floor,  or  which  exceeds  four  stories  and  cellar  in  height,  every  public 
hall  shall  have  at  least  one  window  opening  directly  upon  the  street  or 
upon  a  yard  or  court,  except  as  otherwise  provided  in  this  section.  Any 
part  of  a  hall  which  is  shut  off  from  any  other  part  of  said  hall  by  a 
door  or  doors,  shall  be  deemed  a  separate  hall  within  the  meaning  of 
this  section.  In  every  tenement  house  hereafter  erected  where  the  pub- 
lie  hall  is  not  provided  with  a  window  opening  directly  to  the  outer 
air  as  above  provided,  there  shall  be  a  stair-well  not  less  than  twelve 
inches  wide  extending  from  the  entrance  floor  to  the  roof,  and  all  doors 
leading  from  such  public  halls  shall  be  provided  with  translucent  glass 
panels  of  an  area  not  less  than  five  square  feet  for  each  door,  and  also 
with  fixed  transoms  of  translucent  glass  over  each  door. 

Size  of  windows  in  public  halls. 

§  39.  In  every  tenement  house  hereafter  erected,  one  at  least  of  the 
windows  provided  to  light  each  public  hall  or  part  thereof  shall  be  at 
least  two  feet  six  inches  wide,  measured  between  stop  beads.  In  every 
such  house  there  shall  be  in  the  roof,  directly  over  each  stair-well,  a 
ventilating  skylight  provided  with  ridge  ventilators  having  a  minimum 
opening  of  forty  square  inches,  or  such  skylight  shall  be  provided  with 
fixed  or  movable  louvres;  the  glazed  roof  of  such  skylight  shall  be  not 
less  than  twenty  square  feet  in  area.  In  tenement  houses  hereafter 
erected  where  the  stairs  and  public  halls  are  not  provided  with  windows 
on  each  floor  opening  directly  into  the  outer  air,  the  skylights  shall  be 
provided  with  both  such  ridged  ventilators,  and  also  with  fixed  or 
movable  louvres,  or  movable  sashes. 

Windows  in  stair  halls. 

§  40.  In  every  tenement  house  hereafter  erected,  the  windows  required 
by  law  on  each  floor  to  light  or  ventilate  stair  halls  shall  be  at  least 
fifteen  square  feet  in  area,  measured  between  stop  beads.  There  shall  be 
provided  at  each  story  at  least  one  of  said  windows,  which  shall  be  at 
least  three  feet  wide  and  five  feet  high,  measured  between  the  stop  beads. 


1409  TENEMENT   HOUSES.  Act  4007,  §§  41-45 

Sash  doors  in  entrance  halls  and  public  halls  shall  be  deemed  the  equiva- 
lent of  a  window  for  lighting  purposes,  provided  that  such  doors  contain 
the  amount  of  glazed  surface  prescribed  for  windows. 

Access  to  rooms. 

§  41.  In  every  apartment  of  thi  ee  or  more  rooms  in  a  tenement  house 
hereafter  erected,  access  to  every  living  room  and  bedroom  and  to  at 
least  one  water-closet  compartment  shall  be  had  without  passing  through 
any  bedroom. 

Additional  rooms. 

§  42.  Any  additional  room  or  hall  that  is  hereafter  constructed  or 
created  in  a  tenement  house  shall  comply  in  all  respects  with  the  pro- 
visions of  Chapter  III  of  this  act,  except  that  such  rooms  may  be  of 
the  same  height  as  the  other  rooms  on  the  same  story  of  the  house. 

Light  shafts. 

§  43.  Any  shaft  used  or  intended  to  be  used  to  light  or  ventilate 
rooms  intended  to  be  used  for  living  purposes,  and  which  may  hereafter 
be  placed  in  tenement  houses  erected  prior  to  May  10,  1909,  shall  not  be 
less  in  area  than  twenty-five  square  feet,  or  less  than  four  feet  in  width 
in  any  part,  and  such  shaft  shall  under  no  circumstances  be  roofed  or 
covered  over  at  the  top  with  a  roof  or  skylight;  every  such  shaft  shall 
be  provided  at  the  bottom  with  a  horizontal  intake  or  duct,  of  a  size  not 
less  than  four  feet  square  and  communicating  directly  with  the  street 
or  yard,  and  such  duet  shall  be  so  arranged  as  to  be  readily  cleaned  out. 

Vent  shafts. 

§  44.  Every  vent  shaft  hereafter  constructed  in  a  tenement  house 
shall  be  at  least  twenty  square  feet  in  area,  and  the  least  dimension  of 
such  vent  shaft  shall  be  not  less  than  four  feet;  and  if  the  building  be 
above  sixty  feet  in  height  such  vent  shaft  shall,  throughout  its  entire 
height,  be  increased  in  area  three  square  feet  for  each  additional  twelve 
feet  of  height  or  fraction  thereof;  and  for  each  twelve  feet  of  height 
less  than  sixty  feet  such  vent  shaft  may  be  decreased  in  area  three 
square  feet.  A  vent  shaft  may  be  enclosed  on  all  four  sides  but  shall 
not  be  roofed  or  covered  over  in  any  way.  Every  such  vent  shaft  shall 
be  provided  with  a  horizontal  intake  or  duct  at  the  bottom,  communi- 
cating with  the  street  or  yard  or  with  a  court;  such  duct  or  intake  to 
be  not  less  than  four  square  feet  in  total  area.  Such  duct  shall  be  con- 
structed of  fireproof  material  in  a  manner  approved  by  the  department 
charged  with  the  enforcement  of  this  act,  and  shall  enter  the  shaft  at  a 
point  not  less  than  six  inches  above  the  bottom  thereof,  and  shall  be  pro- 
vided with  a  wire  screen  of  not  less  than  one  inch  mesh  at  each  end. 
Such  duct  shall  be  so  arranged  as  to  be  easily  cleaned  out. 

Cellars  for  living  purposes. 

§45.     In   no  now   existing  or  new  tenement  house  shall   any  room  in 
the  cellar  be  constructed,  altered,  coaverted  or  occupied  for  living  pur- 
poses; and  no  room  in  the  basement  of  a  tenement  house  shall  be  con- 
Gen.  Laws — 89 


Act  4097,  §§46-49  GENERAL  LAWS.  1410 

structed,  altered,  converted  or  occupied  for  living  purposes,  unless  all  of 
the  following  conditions  of  this  ordinance  be  complied  with,  and  at  least 
one-third  of  the  basement  shall  be  above  grade  for  building;  provided, 
in  each  case  it  shall  be  at  least  four  feet  six  inches  above  the  street 
grade. 

Such  rooms  shall  be  at  least  eight  feet  six  inches  high  in  all  now  exist- 
ing or  new  tenement  houses  in  every  part,  from  the  floor  to  the  ceiling. 

There  shall  be  appurtenant  to  such  room  or  apartment  a  water-closet 
conforming  to  the  regulations  and  ordinances  relating  to  water-closets, 
of  the  incorporated  town,  incorporated  city  or  city  and  county  in  which 
the  tenement  house  is  or  is  to  be  built. 

Walls  below  ground  to  be  damp-proof. 

§  46.  Every  tenement  house  hereafter  erected,  shall  have  all  walls 
below  the  ground  level  and  all  cellar  or  lower  floors  damp-proof  and 
water-proof.  When  necessary  to  make  such  floors  and  walls  damp-proof 
and  water-proof,  the  damp-proofing  and  water-proofing  shall  run  through 
the  walls  as  high  as  the  ground  level  and  continue  throughout  the  floor. 
All  cellars  and  basements  in  such  tenement  houses  shall  be  properly 
lighted  and  ventilated  to  the  satisfaction  of  the  department  charged 
with  the  enforcement  of  this  act. 

Drainage. 

§47.  In  every  tenement  house  hereafter  erected  the  bottom  of  all 
shafts,  courts,  areas,  and  yards  which  extend  to  the  basement  for  light 
or  ventilation  of  living  rooms,  must  be  six  inches  below  the  floor  level 
of  the  part  occupied  or  intended  to  be  occupied.  In  every  tenement 
house  all  shafts,  courts,  areas  and  yards  shall  be  properly  graded  and 
drained,  and  connected  with  the  street  sewer  so  that  all  water  may  pass 
freely  through  into  it,  and  when  required  by  the  department  charged 
with  the  enforcement  of  this  act,  shall  be  properly  concreted. 

Sinks. 

§  48.  In  every  tenement  house  hereafter  erected,  there  shall  be  in  each 
apartment  a  proper  sink  with  running  water. 

Water-closets  and  baths. 

§  49.  In  every  tenement  house  hereafter  erected,  there  shall  be  a 
separate  water-closet  in  a  separate  compartment  within  each  apartment 
and  a  shower  bath  or  bath  tub  shall  be  provided  on  each  floor.  Every 
water-closet  and  bathroom  hereafter  placed  in  any  tenement  house  shall 
be  j)laced  in  a  separate  compartment  from  every  other  water-closet  and 
bath;  each  compartment  shall  not  be  less  than  two  feet  four  inches 
wide,  and  shall  be  enclosed  with  plastered  partitions,  which  shall  extend 
to  the  ceiling.  Nothing  in  this  section  in  regard  to  the  separation  of 
water-closet  compartments  from  each  other  shall  apply  to  a  general  toilet- 
room  containing  several  water-closets  hereafter  placed  in  a  tenement 
house,  provided  such  water-closets  are  supplemental  to  the  water-closet 
accommodations  required  by  law  for  the  use  of  the  tenants  of  said  house. 
Nothing  in  this  section  in  regard  to  the  ventilaton  of  water-closet  com- 


1411  TENEMENT  HOUSES.  Act  4097,  §§  50-54 

partments  shall  apply  to  a  water-closet  hereafter  placed  in  a  tenement 
house,  where  it  is  providecl  to  replace  a  defective  fixture  in  the  same 
position  and  location.  No  water-closet  shall  be  maintained  in  the  cellar 
of  any  tenement  house  without  a  special  permit  in  writing  from  the 
department  charged  with  the  enforcement  of  this  act,  which  shall  have 
power  to  make  rules  and  regulations  governing  the  maintenance  of  such 
closets.  Every  water-closet  compartment  hereafter  placed  in  any  tene- 
ment house  shall  be  provided  with  proper  means  of  lighting  at  night. 
If  fixtures  for  gas  or  electricity  are  not  provided  in  said  compartment, 
then  the  door  of  said  compartment  shall  be  provided  with  translucent 
glass  panels  not  less  in  area  than  four  square  feet.  The  floor  of  every 
such  water-closet  compartment  shall  be  made  water-proof  with  asphalt, 
tile,  stone,  or  some  other  water-proof  material;  and  such  water-proofing 
shall  extend  at  least  six  inches  above  the  floor  so  that  said  floor  can  be 
washed  or  flushed  without  leaking.  No  drip  trays  shall  be  permitted. 
No  water-closet  fixtures  shall  be  encased  in  any  woodwork. 

Closets  in  existing  houses. 

§  50.  In  all  now  existing  tenement  houses,  the  woodwork  enclosing 
all  water-closets  shall  be  removed  from  the  front  of  said  closets  and  the 
space  underneath  the  seat  shall  be  left  open.  The  floor  and  other  surface 
beneath  and  around  the  closet  shall  be  maintained  in  good  order  and 
repair  and  if  of  wood  shall  be  kept  well  painted  with  light  colored  paint. 

Sinks  in  existing  houses. 

§  51.  In  all  now  existing  tenement  houses,  the  woodwork  inclosing 
sinks  located  in  public  halls  or  stairs  shall  be  removed,  and  the  space 
underneath  said  sink  shall  be  left  open.  The  floors  and  wall  surfaces 
beneath  and  around  the  sink  shall  be  maintained  in  good  order  and  repair, 
and  if  of  wood,  shall  be  well  painted. 

Cellar  floors. 

§  52.  The  floor  of  the  cellar  or  lowest  floor  of  every  tenement  house 
shall  be  water-tight,  and  the  cellar  ceiling  shall  be  plastered  when  so 
required  by  the  department  charged  with  the  enforcement  of  this  act, 
except  where  the  first  floor  above  the  cellar  is  constructed  of  iron  beams 
and  fireproof  filling. 

Cellar  walls. 

§53.  The  cellar  walls  and  ceilings  of  every  tenement  house  shall  be 
thoroughly  whitewashed  or  painted  a  light  color  by  the  owner  and  shall 
be  so  maintained.  Such  whitewash  or  paint  shall  be  renewed  whenever 
necessary  as  may  be  required  by  the  department  charged  with  the 
enforcement  of  this  act. 

Houses  must  be  kept  in  repair. 

§  54.  Every  tenement  house  and  all  parts  thereof  shall  be  kept  in 
good  order  and  the  roof  shall  be  kept  so  as  not  to  leak,  and  all  rainwater 
shall  be  so  drained  and  conveyed  therefrom  as  to  prevent  it  dripping  on 
the  ground  or  causing  dampness  in  the  walls,  ceilings,  yards  or  areas. 


Act  4097,  §§  55-63                          GENERAL  LAWS.  1412 

Cleanlinesi5. 

§  55.     Every   tenement   house    and   every   part    thereof   shall  be   kept 

clean  and  free  from  any  accumulation  of  dirt,  filth  or  garbage  or  other 

matter  in   or   on   the   same,   or  in   the  yards,   courts,   passages,  areas   or 
alleys  connected  or  belonging  to  same. 


§  56.  In  every  tenement  house  there  shall  be  at  the  bottom  of  every 
shaft  and  inner  court,  a  door  giving  sufficient  access  to  such  shaft  or 
court  to  enable  it  to  be  properly  cleaned  out. 

Court  walls. 

§57.  The  walls  of  all  yard  courts,  inner  courts  and  shafts,  unless 
built  of  a  light  color  brick  or  stone,  shall  be  thoroughly  whitewashed  by 
the  owner,  or  shall  be  painted  a  light  color  by  him  and  so  maintained. 

Wall-paper. 

§  58.  No  wall-paper  shall  be  placed  upon  a  wall  or  ceiling  of  any 
tenement  house  unless  all  wall-paper  shall  be  first  removed  therefrom 
and  said  wall  and  ceiling  thoroughly  cleaned. 

Receptacles  for  garbage. 

§  59.  The  owner  of  every  tenement  house  shall  provide  for  said  build- 
ing proper  and  suitable  conveniences  or  receptacles  for  ashes,  rubbish, 
garbage,  refuse  and  other  matter. 

Keeping  of  livestock. 

§  60.  No  horse,  cow,  calf,  swine,  sheep  or  goat  shall  be  kept  in  a  tene- 
ment house,  or  within  twenty  feet  thereof  on  the  same  lot,  and  no 
tenement  house,  or  the  lot  or  premises  thereof,  shall  be  used  for  a  lodging- 
house  or  stable,  or  for   the  storage  or  handling  of  rags. 

Janitor. 

§  61.  "Whenever  there  shall  be  more  than  eight  families  living  in  any 
tenement  house,  in  which  the  owner  does  not  reside,  there  shall  be  a 
janitor,  housekeeper,  or  some  responsible  person  who  shall  reside  in 
said  house  and  have  charge  of  same,  as  the  department  charged  with 
the  enforcement  of  this  act  shall  so  require. 

Overcrowding. 

§  62.  No  room  in  any  tenement  house  shall  be  so  overcrowded  that 
there  shall  be  afforded  less  than  four  hundred  cubic  feet  of  air  to  each 
adult,  and  two  hundred  cubic  feet  of  air  to  each  child  under  twelve  years 
of  age  occupying  such  room. 

Construction  of  building,  specifications  to  be  filed. 

§  63.  Before  the  construction  or  alteration  of  a  tenement  house,  or 
the  alteration  or  conversion  of  a  building  for  use  as  a  tenement  house 
is  commenced,  and  'before  the  construction  or  alteration  of  any 
building  or  structure  on  the  same  lot  with  a  tenement  house,  the  owner, 
or  his  ageut,  or  architect,  shall  submit  to  the  department  charged  with 


1413  TENEMENT  HOUSES.  Act  4097,  §§  64-67 

the  enforcement  of  this  act,  a  detailed  statement  in  writing,  verified  by 
the  affidavit  of  a  person  making  the  same,  of  the  specifications  for  the 
construction  and  for  the  light  and  ventilation  of  such  tenement  house 
or  building,  upon  a  blank  or  form  to  be  furnished  by  such  department, 
and  also  a  full  and  complete  copy  of  the  plans  of  such  work.  Such  state- 
ment shall  give  in  full  the  name  and  residence,  by  street  and  number,  of 
the  owner  or  owners  of  such  tenement  house  or  building.  No  person, 
however,  shall  be  recognized  as  the  agent  of  the  owner,  unless  he  shall 
file  with  the  said  department  a  written  instrument  signed  by  such  owner 
designating  him  as  agent.  Any  false  swearing  in  a  material  point  in 
such  affidavit  shall  be  deemed  perjury.  Such  specifications,  plans  and 
statements  shall  be  filed  in  said  department  and  shall  be  deemed  public 
records,  and  no  such  specifications,  plans  or  statements  shall  be  removed 
from  said  department. 

Rent  not  recoverable,  when. 

§  64.  If  any  building  hereafter  constructed  as  or  altered  into  a  tene- 
ment house  be  occupied  in  whole  or  in  part  for  human  habitation  in 
violation  of  the  last  section,  during  such  unlawful  occupancy  no  rent 
shall  be  recoverable  by  the  owner  or  the  lessee  of  such  premises  for  said 
period,  and  no  action  or  special  proceeding  shall  be  maintained  therefor, 
or  for  the  possession  of  said  premises  for  the  nonpayment  of  such  rent. 

Who  shall  enforce  act. 

§  65.  Except  as  herein  otherwise  provided,  the  provisions  of  this  act 
shall  be  enforced  by  the  departments  of  any  incorporated  town,  incor- 
porated city,  or  city  and  county  to  which  this  act  applies,  which  are 
now  charged  with  the  enforcement  of  laws,  ordinances  and  regulations 
relating  to  the  erection  of  buildings,  the  protection  of  public  health  or 
police   and  fire  protection. 

Abrogation  of  powers  not  intended. 

§  66.  Nothing  in  this  act  shall  be  construed  to  abrogate  or  impair 
the  powers  of  the  department  of  health,  the  department  of  public  works 
or  of  the  courts,  to  enforce  any  provisions  of  the  charter  or  building 
ordinances  and  regulations  of  any  incorporated  town,  incorporated  city, 
or  city  and  county,  not  inconsistent  with  this  act,  or  to  prevent  or  punish 
violations  thereof. 

Violation  of  act,  penalty  for. 

§  67.  Every  person  who  shall  violate  or  assist  in  the  violation  of  any 
provisions  of  this  act  shall  be  guilty  of  a  misdemeanor  punisbaljle  by 
imprisonment  for  ten  days  for  each  and  every  day  that  the  violation 
shall  continue,  or  by  a  fine  of  not  less  than  ten  dollars  or  more  than  one 
hundred  dollars  if  the  offense  be  not  willful,  or  two  hundred  and  fifty 
dollars  if  the  offense  be  willful,  and  in  every  case  of  ten  dollars  for  each 
day  after  the  first  that  such  violation  shall  continue,  or  by  both  such  fine 
and  imprisonment  in  the  discretion  of  the  court.  The  owner  of  the  tene- 
ment house  or  part  thereof,  or  of  any  building  or  structure  upon  the 
same  lot  with  a  tenement  house,  or  of  the  said  lot,  where  any  violation 


Act  4097,  §§  68-71  GENERAL  LAWS.  1414 

of  this  act,  or  a  nuisance  exists,  and  any  person  who  shall  assist  and 
violate  any  provisions  of  this  act,  or  any  notice  or  order  of  the  depart- 
ment charged  with  the  enforcement,  shall  also  jointly  and  severally  for 
each  violation  and  each  nuisance  be  subject  to  a  civil  penalty  of"  fifty 
dollars. 

Same. 

§  68.  Any  owner,  agent,  architect,  builder,  contractor,  svib-contractor 
or  foreman  who  shall,  in  the  construction  or  alteration  of  any  building 
intended  to  be  used  as  a  tenement  house,  knowingly  violate  any  of  the 
provisions  of  the  building  laws,  contained  in  or  based  upon  this  act, 
ordinances  or  regulations,  shall  be  guilty  of  a  misdemeanor. 

Fines  shall  be  a  lien. 

§  69.  Every  fine  imposed  by  judgment  under  sections  67  and  68  of 
this  act  upon  a  tenement  house  owner,  shall  be  a  lien  upon  the  house 
in  relation  to  which  the  fine  is  imposed  from  the  time  of  the  filing  of 
a  certified  copy  of  said  judgment  in  the  office  of  the  clerk  of  the  county 
in  which  said  tenement  house  is  situated. 

Owners  and  lessees  to  file  statement. 

§  70.  Every  owner  of  a  tenement  house  and  every  lessee  of  the  whole 
house,  or  other  person  having  control  of  a  tenement  house,  shall  file  in 
the  department  charged  with  the  enforcement  of  this  act,  a  notice  con- 
taining his  name  and  address  and  also  a  description  of  the  property, 
by  street  and  number  and  otherwise,  as  the  case  may  be,  in  such 
manner  as  will  enable  the  department  charged  with  the  enforcement  of 
this  act  to  easily  find  the  same;  and  also  the  number  of  apartments  in 
each  house,  the  number  of  rooms  in  each  apartment,  and  the  number 
of  families  occupying  the  apartments.  In  case  of  a  transfer  of  any 
tenement  house,  it  shall  be  the  duty  of  the  grantee  of  said  tenement 
house  to  file  in  the  department  charged  with  the  enforcement  of  this 
act,  a  notice  of  such  transfer,  stating  the  name  of  the  new  owner,  within 
thirty  days  after  such  transfer.  In  case  of  the  devolution  of  the  said 
property  by  will,  it  shall  be  the  duty  of  the  executor  and  the  devisee, 
if  more  than  twenty-one  years  of  age,  and  in  case  of  devolution  of  such 
property  by  inheritance  without  a  will,  it  shall  be  the  duties  of  the 
heirs,  or  in  case  all  of  the  heirs  are  under  age  it  shall  be  the  duty  of  the 
administrator  of  the  deceased  owner  of  said  property  to  file  in  said 
department  a  notice,  stating  the  death  of  said  owner  and  the  names  of 
those  who  have  succeeded  to  his  interests,  within  thirty  days  after  the 
death  of  the  decedent,  in  case  he  died  intestate,  and  within  thirty  days 
after  the  probate  of  his  will,  if  he  died  testate. 

Service  of  process. 

§  71.  Every  owner,  agent  or  lessee  of  a  tenement  house  shall  file  in 
the  department  charged  with  the  enforcement  of  this  act,  a  notice  con- 
taining the  name  and  address  of  such  agent  of  such  houses,  for  the  pur- 
pose of  receiving  service  of  process,  and  also  a  description  of  the  prop- 
erty, by  street  and  number  or   otherwise,   as  the   case   may  be,  in   such 


1415  TENEMENT  HOUSES.  Act  4097,  §§  72-77 

manner  as  will  enable  the  department  of  health  to  easily  find  the  same. 
The  name  of  the  owner  or  lessee  may  be  filed  as  agent  for  this  purpose. 

Time  of  servica. 

§  72.  Every  notice  or  order  in  relation  to  a  tenement  house  shall  be 
served  five  days  before  the  time  for  doing  the  thing  in  relation  to  which 
it  shall  have  been  issued. 

Summons,  service  of. 

§  73.  In  any  action  brought  by  any  department  charged  with  the 
enforcement  of  this  act  in  relation  to  a  tenement  house  for  injunction, 
vacation  of  the  premises,  or  other  abatement  of  nuisance,  or  to  establish 
a  lien  thereon,  it  shall  be  sufiicient  service  of  summons  to  serve  the  same 
as  notices  and  orders  are  served  under  the  provisions  of  the  Code  of 
Civil  Procedure. 

Must  not  be  used  as  assignation  house. 

§  74.  A  tenement  bouse  shall  be  subject  to  a  penalty  of  one  thousand 
dollars,  if  it  or  any  part  of  it  shall  be  used  for  the  purposes  of  a  house 
of  prostitution  or  assignation  of  any  description,  with  the  permission  of 
the  owner  thereof,  or  his  agent,  and  said  penalty  shall  be  a  lien  upon 
the  house  and  the  lot  upon  which  the  house  is  situated. 

When  to  be  deemed  so  used. 

§  75.  A  tenement  house  shall  be  deemed  to  have  been  used  for  the 
purposes  specified  in  the  last  section  with  the  permission  of  the  owner 
or  lessee  thereof,  if  summary  proceedings  for  the  removal  of  the  tenants 
of  said  tenement  house,  or  so  much  thereof  as  is  unlawfully  used,  shall 
not  have  been  commenced  within  five  days  after  notice  of  such  unlawful 
use,  served  by  the  department  charged  with  the  enforcement  of  this  act 
in  the  manner  prescribed  by  law  for  the  service  of  notices  and  orders  in 
relation  to  tenement  houses. 

Evidence. 

§  76.  In  a  prosecution  against  an  owner  or  agent  of  a  tenement  house 
under  section  647  of  the  Penal  Code,  or  in  an  action  to  establish  a  lien 
under  section  74  of  this  act,  the  general  reputation  of  the  premises  in 
the  neighborhood  shall  be  competent  evidence,  but  shall  not  be  sufficient 
to  support  a  judgment  without  corroborative  evidence,  and  it  shall  be 
presumed  that  their  use  was  with  the  permission  of  the  owner  or  lessee; 
provided  that  such  presumption  may  be  rebutted  by  evidence. 

Who  styled  as  defendant. 

§77.  Said  action  shall  be  brought  against  the  tenement  house  as 
defendant.  Said  house  may  be  designated  in  the  title  of  the  action  by 
its  street  and  number  or  in  any  other  method  sufficiently  precise  to  secure 
identification.  The  property  shall  be  described  in  the  complaint.  The 
plaintiff,  except  as  hereinafter  provided,  shall  be  any  department  charged 
with  the  enforcement  of  this  act. 


Act  4097,  §§  78-82  GENERAL  LAWS.  1416 

Where  action  shall  he  hrought. 

§  78.  Said  action  shall  be  brought  in  the  superior  court  in  the  county 
or  city  and  county  in  which  the  property  is  situated.  At,  or  before  the 
commencement  of  the  action,  the  complaint  shall  be  filed  in  the  office  of 
the  clerk  of  the  county  or  city  and  county,  together  with  a  notice  of  the 
pendency  of  the  action,  containing  the  names  of  the  parties,  the  object 
of  the  action,  and  a  brief  description  of  the  property  affected  thereby. 

Judgment. 

§  79.  The  judgment  in  such  action,  if  in  favor  of  the  plaintiff,  shall 
establish  the  penalty  sued  for  as  a  lien  upon  said  premises,  subject  only 
to  taxes,  assessments,  and  to  such  mortgage  and  mechanics'  liens  as  may 
exist  thereon  prior  to  the  filing  of  the  notice  of  pendency  of  the  action. 

Statutes  inconsistent  repealed. 

§  80.  All  statutes  of  the  state  and  ordinances  of  incorporated  towns, 
incorporated  cities  and  cities  and  counties  so  far  as  inconsistent  with 
the  provisions  of  this  act,  are  hereby  repealed;  provided,  that  nothing 
in  this  act  contained  shall  be  construed  as  repealing  or  abrogating  any 
present  law  or  ordinance  in  any  incorporated  towns,  incorporated  city 
or  city  and  county  of  the  state,  further  restricting  or  prohibiting  the 
occupation  of  cellars,  or  increasing  the  amount  of  air  space  to  each 
individual  occupying  a  room,  or  as  prohibiting  any  further  ordinance 
with  respect  thereto. 

Ordinances  shall  not  modify  act. 

§  81.  Except  as  herein  otherwise  provided,  every  tenement  house  shall 
be  constructed  and  maintained  in  conformity  with  the  existing  law,  but 
no  ordinance,  regulation  or  ruling  of  any  municipal  authority  shall  modify 
or  dispense  with  any  provisions  of  this  act. 

Permits  for  construction. 

§  82.  Every  person  desiring  to  construct  a  tenement  house  shall  obtain 
a  permit  from  the  department  charged  with  the  enforcement  of  this  act, 
for  which  he  shall  pay  into  the  general  fund  of  said  incorporated  town, 
incorporated  city  or  city  and  county  the  sum  of  ten  (10)  cents  for  each 
one  thousand  cubic  feet  or  fractional  part  thereof  contained  therein. 
No  permit  to  be  issued  for  less  than  three  dollars  ($3).  Every  owner 
or  lessee  of  a  tenement  house  shall  obtain  at  the  beginning  of  each  year 
a  license  from  the  department  charged  with  the  enforcement  of  this  act, 
for  which  he  shall  pay  the  following  sums:  For  a  house  accommodating 
not  more  than  five  families  $1,  for  each  additional  five  families  $1 
for  each  fiscal  year.  Such  moneys  shall  be  paid  into  the  general  fund 
of  Baid  incorporated  town,  incorporated  city  or  city  and  county. 


1417  THEATERS— TORRENS  LAND  SYSTEM.  Acts  4099-4115 

TITLE  519. 
THEATEES. 
ACT  4099. 

An  act  lualving  it  unlawful  to  refuse  admission  to  places  of  amusement. 
[Approved  March  23,  1893.     Stats.  1893,  p.  220.] 
Citations.      Cal.  140/360;   149/81,  82. 
Codified  by   §§53   and  54  of   Civil  Code,   adopted  1905. 
See  ante,  Act  605. 

"Superseded  by  Civil  Code,  §§53,  54  (1905,  p.  554).  ConstitiTtionnl :  Green- 
berg  V.  Western  Turf  Assn.,  140  Cal.  357;  Greeuberg  v.  Western  Turf  Assn., 
148  Cal.  126." 

TITLE  520. 

THISTLE. 
ACT  4104. 

Thistle,  Scotch  or  Canada,  act  to  prevent  propagation  of  in  the  counties 
of  Humboldt,  Siskiyou,  Klamath,  Del  Norte,  and  Alameda.  [Stats. 
1871-72,  p.  214.1 

TITLE  521. 
TIA  JUANA  FLOOD. 
ACT  4109. 

Appropriation  for   the   benefit   of   the   sufferers   of  the  Tia  Juana  flood. 
[Stats.  1891,  p.  450.] 
Unconstitutional:   Patty  v.  Colgan,  97  Cal.  251. 

TITLE  522. 
TOBACCO  CULTURE. 
ACT  4113. 

An  act  to  provide  for  experimental  work  in  tobacco  culture  in  the  state 
of  California,  and  making  an  appropriation  therefor.  [Approved 
March  8,  1907.     Stats.  1907,  p.  186.]  . 

This  act  provided  for  investigations  add  experiments  under  the  supervision 
Bnd  direction  of  the  director  of  the  agricultural  station  of  the  University  of. 
California. 

TITLE  523. 
TOEEENS  LAND  SYSTEM. 
ACT  4114. 

An  act  to  create  a  special  commission  for  the  purpose  of  examining  and 
reporting  to  the  thirty-first  session  of  the  legislature  on  the  Torrens 
land  transfer  act  of  Australia,  and  making  an  appropriation  therefor. 
[Approved  March  9,  1893.     Stats.  1893,  p.  121.] 
This  act  created  a  commission  of  five  persons  for  the  purpose  indicated. 

ACT  4115. 

An  act  for  the  certification  of  land  titles  and  the  simplification  of  the 
transfer  of  real  estate. 
[Approved  March   17,   1897.     Stats.   1897,  p.   138.] 
Citations.     Cal.  151/42,  44,  45,  48,   50. 


Act  4115,  §§  1-5  GENERAL  LAWS.  1418 

COUNTY  EECOEDEES  EX  OEFICIO   EEGISTRAES. 
Recorders  to  toe  registrars. 

§  1.  Recorders  and  ex  officio  recorders  in  the  several  counties  of  this 
state  shall  be  registrars  of  titles  in  their  respective  counties,  and  their 
deputies  shall  be  deputy  registrars.  All  laws  relative  to  recorders  and 
their  deputies,  including  their  compensation,  clerk  hire,  and  expenses, 
shall  extend  to  registrars  and  their  deputies,  so  far  as  the  same  may  be 
applicable,  except  as  in  this  act  otherwise  provided.  Eegistrars  of  titles 
shall  be  county  officers  within  the  meaning  of  the  laws  of  this  state. 

Bonds  of  recorders  to  cover  their  duties  as  registrars. 

§  2.  The  official  bonds  now  required  by  law  to  be  given  by  recorders 
and  ex  officio  recorders  before  entering  upon  the  discharge  of  their  duties, 
shall  also  apply  to  and  cover  the  faithful  discharge  of  their  duties  as 
registrars,  whether  such  additional  condition  be  specifically  provided  for 
in  such  bonds  or  not. 

Deputies  may  act. 

§  3.  Deputies  may  perform  any  and  all  duties  of  the  registrar,  in  the 
name  of  the  registrar,  and  the  acts  of  such  deputies  shall  be  held  to  be 
the  acts  of  the  registrar. 

Registrar  and  deputy  not  to  practice  law. 

§  4.  Registrars  and  deputy  registrars  are  prohibited  from  practicing 
law,  or  acting  as  attorneys  or  counselors  at  law,  or  having  as  a  partner 
a  lawyer  or  any  one  who  acts  as  such,  or  from  acting  as  searchers  of 
title  under  this  act. 

BRINGING  LAND  UNDEE  THE  ACT. 
Application  by  verified  petition;  character  of  applicant;  county  of  appli- 
cation. 

§  5.  Land  may  be  brought  under  the  operation  of  this  act  by  the  filing 
with  the  county  clerk  of  a  verified  petition  to  the  superior  court  of  the 
county  within  which  such  land  is  situated,  by  the  owner  of  any  estate 
or  interest  in  such  land,  whether  legal  or  equitable  (other  than  an  un- 
divided share,  or  an  easement).  The  clerk  shall  immediately  indorse  on 
such  application  the  exact  time  of  its  presentation,  and  enter  the  same  in 
a  book  kept  for  that  purpose  and  known  as  the  land  register  docket. 
Persons  who  collectively  claim  to  hold  the  entire  legal  estate  in  fee 
simple  may  jointly  file  such  petition.  A  corporation  may  apply  by  its 
authorized  agent,  an  infant  by  his  guardian;  any  other  person  under 
disability  by  his  guardian  or  trustee.  Laud  constituting  a  single  parcel 
and  lying  partly  in  two  or  more  counties  may  be  included  in  one  applica- 
tion, which  may  be  made  in  either  county  in  which  the  land  lies,  but 
the  certificate  issued  therefor  must  be  filed  with  the  registrars  of  all 
the  counties  within  which  such  land  is  situate.  Two  or  more  parcels  of 
land  may  be  included  in  one  application  if  owned  by  the  same  person 
and  in  the  same  right. 


1419  TORRENS   LAND    SYSTEM.  Act  4115,  §  6 

Contents  of  application. 

§6.     The  petition  shall  set  forth  substantially: 

(a)  The  name,  occupation,  place  of  residence,  and  postoffice  address 
of  the  applicant,  and  if  the  application  is  by  one  acting  in  behalf  of 
another,  the  name,  place  of  residence,  postoffice  address,  and  capacity  of 
the  person  so  acting,  and  the  nature  of  the  disability  of  the  person  for 
whom  he  is  acting. 

(b)  Whether  the  applicant  (except  in  case  of  a  corporation)  is  mar- 
ried or  not,  and  if  married,  the  name  and  residence  of  the  husband  or 
wife. 

(c)  The  description  of  the  land. 

(d)  The  applicant's  estate  or  interest  in  the  same,  and  whether  the 
same  is  subject  to  an  estate  of  homestead. 

(e)  Whether  the  land  is  occupied  or  unoccupied,  and,  if  occupied,  the 
name  and  postoffice  address  of  each  occupant,  and  what  estate  or  interest 
he  has  or  claims  in  the  land. 

(f)  Whether  the  laud  is  subject  to  any  easement,  lien,  or  encumbrance, 
and,  if  any,  the  name  and  postoffice  address  if  known  of  each  holder 
thereof,  and  the  nature  and  amount  of  the  same,  and,  if  recorded,  the 
book  and  page  of  the  record. 

(g)  Whether  any  other  person  has  any  estate  or  claims  any  interest 
in  the  land,  in  law  or  equity,  in  possession,  remainder,  reversion,  or 
expectancy,  and,  if  any,  the  name  and  postoffice  address  if  known  of 
every  such  person,  and  the  nature  of  his  estate  or  claim. 

(h)  The  names  and  postoffice  addresses  of  all  the  owners  of  the  adjoin- 
ing lands,  so  far  as  he  is  able,  upon  diligent  inquiry,  to  ascertain  the 
same. 

(i)  If  the  applicant  is  a  male,  that  he  is  of  the  full  age  of  twenty-one 
years;  if  a  female,  that  she  is  of  the  full  age  of  eighteen  years.  If  the 
application  is  made  by  a  corporation,  its  name,  when  and  where  incor- 
porated, its  principal  place  of  business,  and  the  names  and  postoffice 
addresses  of  its  president  and  secretary.  If  the  application  is  by  a  hus- 
band or  wife,  and  the  property  is  community  property,  the  petition  must 
so  state,  and  both  spouses  must  join  therein.  A  plat  or  plan  of  survey  of 
the  land  made  by  the  county  or  a  licensed  surveyor  must  accompany  the 
application,  and  if  said  land  is  a  part  of  a  city,  town,  or  subdivision, 
the  application  must  refer  to  the  book  and  page  of  the  records  of  the 
county  where  the  map  of  said  city,  town,  or  subdivision  is  recorded,  if 
at  all. 

Each  application  must  be  accompanied  by  an  abstract  of  the  title, 
verified  by  the  searcher  making  the  same,  as  required  in  proceedings  in 
partition,  or,  if  made  by  a  corporation  engaged  in  the  business  of  mak- 
ing and  certifying  abstracts  of  title,  then  in  lieu  of  the  affidavit  a 
certificate  by  such  corporation,  under  its  seal,  shall  be  sufficient.  When 
the  title  to  the  land  in  question  has  been  previously  determined  by  a 
final  decree  of  a  court  of  competent  jurisdiction,  such  abstracts  need  not 
antedate  such  decree  unless  required  by  the  court  in  which  such  applica- 
tion is  filed.     No  person  or  corporation  shall  be  authorized  to  make  or 


Act  4115,  §§  7-11  GENERAL  LAWS.  1420 

■furnish  such  abstracts  of  title  until  after  entering  into  an  undertaking 
with  two  or  more  sufficient  sureties  to  the  people  of  the  state  of  Cali- 
fornia in  a  sum  not  less  than  ten  thousand  dollars,  which  may  be  in- 
creased from  time  to  time  by  order  of  the  court.  Such  bonds  shall  be 
recorded  in  the  record  of  official  bonds  in  the  recorder's  office  of  the 
county,  and  then  filed  in  the  county  clerk's  office.  Said  bond  shall  be 
conditioned  to  pay  all  damages  and  costs  which  the  state  may  sustain 
by  reason  of  any  error  or  insufficiency  in  said  abstract.  The  sureties 
on  such  bond  shall  qualify  as  provided  in  section  1057  of  the  Code  of 
Civil  Procedure,  and  the  sufficiency  of  the  bond  and  of  the  sureties 
thereon  shall  be  approved  by  a  judge  of  the  superior  court  of  the  county 
where  such  bond  is  to  be  filed.  The  sureties  upon  such  bond  may  become 
severally  liable  in  portions  of  not  less  than  five  hundred  dollars  each, 
making  in  the  aggregate  at  least  two  sureties  for  the  whole  sum.  Said 
bond  shall  be  renewed  as  often,  at  least,  as  once  in  every  period  of  three 
years. 

Registration  of  fee  simple  must  precede  all  else. 

§7.  No  mortgage,  lien,  charge,  or  lesser  estate  than  a  fee  simple  shall 
be  registered  unless  the  fee  simple  to  the  same  land  is  first  registere(\. 

Registration  not  to  be  raised  because  of  encumbrance, 

§  8.  It  shall  not  be  an  objection  to  bringing  land  under  this  act,  that 
the  estate  or  interest  of  the  applicant  is  subject  to  any  outstanding 
lesser  estate,  mortgage,  lien,  or  charge;  but  every  such  lesser  estate, 
mortgage,  lien,  or  charge  shall  be  noted  upon  the  certificate  of  title  and 
the  duplicate  thereof,  and  the  title  or  interest  certified  shall  be  subject 
only  to  such  estates,  mortgages,  liens,  and  charges  as  are  so  noted,  except 
as  herein  provided. 

No  registration  based  on  tax  title  until  after  five  years  adverse  possession. 
§  9.  No  title  derived  through  sale  for  any  tax  or  assessment  shall  be 
entitled  to  be  first  registered,  unless  it  shall  appear  to  the  satisfaction 
of  the  court,  upon  the  hearing  of  the  application,  that  the  applicant,  or 
those  through  whom  he  claims  title,  have  been  in  the  open,  actual,  con- 
tinuous, uninterrupted,  undisputed,  exclusive,  and  adverse  possession  of 
the  land  under  such  title  at  least  five  years,  and  have  paid  all  taxes  and 
assessments  legally  levied  thereon  for  five  successive  years. 

Amendment  to  application  verified. 

§  10.  The  application  may  be  amended  only  by  petition  verified  as  in 
the  case  of  the  original.  Such  amendment  may  be  ordered  by  the  court 
on  its  own  motion,  or  upon  the  motion  of  any  person  interested  in  the 
proceeding. 

Filing  of  application  to  be  notice  to  subsequent  purchasers. 

§  11.  The  filing  of  the  application  in  the  office  of  the  county  clerk 
shall  be  sufficient  notice  of  the  same  to  all  subsequent  purchasers  or 
encumbrancers  without  the  filing  of  a  lis  pendens  in  the  office  of  the 
recorder. 


1421  TORRENS   LAND    SYSTEM.  Act  4115,  55  12-15 

Court  to  dismiss  application,  or  set  it  for  hearing. 

§  12.  The  court  shall,  in  its  discretion,  examine  the  abstract  itself,  or 
refer  the  same,  as  provided  in  section  18  of  this  act.  If  it  shall  appear 
to  the  court,  from  an  examination  of  the  abstract,  or  from  the  report  of 
the  referee,  that  the  title  to  the  land  described  in  the  application  is 
substantially  as  alleged  by  the  applicant,  the  application  shall  be  set  for 
hearing,  otherwise  the  court  may  order  the  application  dismissed. 

Notice  of  hearing  to  he  given;  anyone  may  appear  and  object;  costs. 

§  13.  "When  the  time  and  place  for  hearing  the  application  is  fixed 
by  the  court,  notice  thereof  shall  be  given  to  all  parties  interested,  as 
shown  by  the  petition  and  the  abstract  or  referee's  report,  and  to  the 
husband  or  wife  of  the  applicant,  if  married,  and  the  owners  of  adjoining 
lands,  in  the  same  manner  as  the  service  of  a  summons  in  a  civil  action, 
and  by  publication  for  at  least  four  weeks,  in  some  newspaper  of  general 
circulation,  to  be  designated  by  the  court;  provided,  that  no  copy  of 
abstract  or  map  need  be  served  with  the  petition.  Any  person  interested 
may  appear  and  object  to  the  granting  of  the  application,  and  if  such 
objection  is  sustained,  the  costs  of  the  same  shall  be  paid  by  the  appli- 
cant; if  not,  by  the  person  so  objecting.  The  time  for  appearance  after 
service  shall  be  the  same  as  in  the  case  of  a  civil  action. 

Upon  the  hearing  the  court  to  take  evidence  on  the  allegations  of  peti- 
tion; and  may  adjourn  hearing. 

§  14.  Upon  the  day  set  for  the  hearing  of  the  application,  or  at  such 
time  as  the  same  may  be  continued  to,  the  court  shall  cause  examination 
to  be  made  into  the  applicant's  title  to  the  land  in  question,  and  shall 
hear  testimony  as  to  the  allegations  of  the  petition,  or  of  any  objections 
thereto;  and  if  any  defects  are  found  in  the  application,  or  in  the  appli- 
cant's title  to  the  land,  or  if  any  of  the  allegations  of  the  petition  are 
found  to  be  untrue,  or  any  objections  to  said  petition  are  sustained,  the 
court  may  dismiss  such  application,  or  may  give  the  applicant  such  fur- 
ther time  as  the  court  may  deem  reasonable,  before  finally  passing  upon 
his  application. 

Decree  setting  forth  title  to  he  made  by  court  on  granting  application. 
§  15.  If  it  shall  be  made  to  appear,  to  the  satisfaction  of  the  court, 
that  the  notice  required  by  section  thirteen  has  been  duly  given  and 
served;  that  the  facts  stated  in  the  application  are  true,  and  that  the 
applicant  is  the  owner  of  the  land,  or  interested  therein,  as  set  forth 
in  the  petition,  the  court  shall  duly  make,  give  and  enter  a  decree  to 
that  effect,  which  said  decree  shall  contain  an  accurate  description  of 
the  property  in  question,  with  a  diagram  thereof,  and  also  shall  set  forth 
all  liens  and  encumbrances  on  said  land,  with  the  name  of  the  holder 
thereof,  and  the  nature,  amount,  and  order  of  the  same,  and,  if  recorded, 
the  book  and  page  of  the  record.  Any  party  aggrieved  by  such  decree 
may  appeal  therefrom  in  the  manner  now  or  hereafter  provided  by  law 
for  appeals  in  civil  actions. 


Act  4115,  §§  16-21  GENERAL  LAWS.  1422 

Registrar  to  issue  certificate  of  title  upon  filing  of  certified  copy  of  decree. 
§  16.  A  certified  copy  of  such  decree  shall  be  filed  in  the  office  of  the 
registrar,  who  shall  thereupon  issue  a  certificate  of  title  to  the  person 
entitled  thereto  as  shown  by  said  decree,  and  shall  proceed  to  bring  said 
land  under  the  operation  of  this  act,  as  herein  provided.  Said  cer- 
tificate shall  contain  the  description  of  the  property  set  forth  in  the 
decree,  and  shall  also  show  the  nature,  amount,  and  order  of  the  liens 
thereon. 

Decree  to  be  in  rem,  and  conclusive. 

§  17.  The  decree  of  the  court  ordering  registration  shall  be  in  the 
nature  of  a  decree  in  rem,  and  shall  be  final  and  conclusive  as  against 
the  rights  of  every  and  all  persons,  known  and  unknown,  to  assert  any 
estate,  interest,  claim,  lien,  or  demand  of  any  nature  or  kind  whatever, 
against  the  land  so  ordered  registered,  except  as  provided  in  this  act. 

Court  to  appoint  referee;  compensation  of  searcher  and  of  referee. 

§  18.  Upon  the  filing  of  the  petition  the  court  may  appoint  a  referee 
to  examine  and  report  upon  the  abstract  accompanying  the  same.  Such 
referee  shall  be  an  attorney  in  good  standing,  skilled  in  the  examination 
of  titles,  of  not  less  than  three  years'  practice  at  the  bar  of  the  court  so 
appointing  him.  The  compensation  of  the  searcher  and  of  the  referee 
shall  be  fixed  by  the  court,  or  agreed  upon  between  themselves  and  the 
applicant,  and  shall  be  paid  by  the  applicant  as  a  part  of  the  costs  of 
the  proceeding. 

Written  opinion  of  referee  to  be  filed  before  decree  made. 

§  19.  Whenever  such  abstract  shall  be  made  and  such  referee  ap- 
pointed, no  decree  shall  be  entered  by  the  court  until  the  written  opinion 
of  such  referee  shall  be  filed  in  the  proceeding,  showing  the  nature  of  the 
applicant's  title  to  the  land;  and  if  the  same  is  subject  to  any  lesser 
estate,  mortgage,  lien,  or  charge,  particularly  specifying  the  same  and 
the  priority  thereof.  The  estate  of  homestead  shall  be  included  in  the 
term  "lesser  estate." 

Applicant  may  withdraw  application  upon  payment  of  fees  at  any  time 

prior  to  issuance  of  certificate  of  title. 

§  20.  Any  applicant  may,  upon  payment  of  all  fees  due,  withdraw  his 
application  for  registration  at  any  time  prior  to  the  issuing  of  a  cer- 
tificate of  title;  and  upon  the  written  request  of  such  applicant  and  the 
order  of  the  court,  the  clerk  shall  return  to  the  applicant  all  abstracts 
of  title,  deeds,  and  other  instruments,  except  depositions  or  affidavits 
deposited  by  him  for  the  purpose  of  supporting  his  application. 

On  transfer  of  interest  or  death  of  applicant,  proceedings  may  be  con- 
tinued. 

§  21.  In  case  of  the  death  or  any  disability  of  the  applicant,  the  court, 
on  motion,  may  allow  the  proceeding  to  be  continued  by  or  against  his 
representative  or  successor  in  interest.  In  case  of  any  other  transfer  of 
interest  the  proceeding  may  be  continued  in  the  name  of  the  original 


1423  TORRENS  LAND  SYSTEM.  Act  4115.  §§  22-24 

applicant,  or  the  court  may  allow  the  person  to  whom  the  transfer  is 
made  to  be  substituted  in  the  proceeding. 

Eegistrar  to  keep  record  of  particulars  of  issuance. 

§  22.  The  registrar  shall  immediately,  upon  the  registration  of  any 
land,  make  an  entry  in  a  book  kept  by  him  for  that  purpose,  showing  the 
name  of  the  person  to  whom  the  certificate  was  issued,  its  number,  the 
daj',  hour,  and  minute  of  its  issuance,  the  name  of  the  person  to  whom 
the  duplicate  certificate  was  delivered,  and  the  book  and  page  where  the 
original  certificate  is  entered  or  recorded. 

Certificate  of  title  to  be  in  duplicate;   its  contents;   original  to  be  re- 
tained by  registrar. 

§  23.  Every  first  and  subsequent  certificate  of  title  shall  be  in  dupli- 
cate and  numbered  consecutively  and  bear  date  the  year,  month,  day,  hour, 
and  minute  of  its  issue,  and  be  under  the  hand  and  official  seal  of  the 
registrar,  one  copy  of  which  shall  be  retained  by  the  registrar  and  be 
known  as  the  original,  and  the  other  shall  be  delivered  to  the  owner,  or 
person  acting  for  him,  and  be  known  as  the  duplicate.  It  shall  state 
whether  the  owner,  except  in  the  case  of  a  corporation,  executor,  adminis- 
trator, assignee,  or  other  trustee,  is  married  or  not  married,  and  the  name 
of  the  husband  or  wife.  If  the  owner  is  a  minor  it  shall  state  his  age; 
if  under  any  other  disability,  the  nature  of  the  disability.  If  issued  to 
an  executor  or  administrator,  the  certificate  shall  show  the  name  of  the 
deceased  testator  or  intestate;  if  to  an  assignee  in  insolvency,  the  name 
of  the  insolvent.  The  registrar  shall  note  at  the  end  of  the  certificate, 
original  and  duplicate,  in  such  manner  as  to  show  and  preserve  their 
priorities,  the  particulars  of  all  estates,  mortgages,  liens,  encumbrances, 
and  charges  to  which  the  owner's  title  is  subject. 

Form  of  certificate, 

§  24.     No   particular  form   of   certificate   of  title   is   required,   but   the 
same  may  be,  subject  to  such  changes  as  the  case  may  require,  substan- 
tially in  the  following  form: 
State  of  California,     )  gg 
County  of ,  j 

A.  B.  (state  occupation  and  residence,  giving  street  and  number),  state 
of  California  (if  an  administrator,  give  the  name  of  the  deceased;  if  a 
minor,  give  his  age;  if  under  other  disability,  state  its  nature),  married 
to  (name  of  husband  or  wife,  or  if  not  married  so  state),  is  the  owner 
of  an  estate  in  fee  simple  (or  as  the  case  may  be)  in  the  following  land 
(insert  description  contained  in  the  decree).  Subject,  however,  to  the 
estates,  easements,  liens,  encumbrances,  and  charges  hereunder  noted. 
(In  case  of  trust,  condition,  or  limitation,  say  "in  trust,"  or  "upon  con- 
dition," or  "with  limitation,"  as  the  case  may  be.) 

1.  Mortgage  to  C.  D.  for  the  sum  of  $ ,  dated  ,  payable  

after  date,  with  interest  at per  cent  per ,  interest  payable . 

2.  Mechanic's  lien  in  favor  of  X.  Y.  for  $ ,  filed  . 


Act  4115,  §§  25-27                            GENERAL  LAWS.  1424 

3.  Assessment   for   improvement   of  street.     Amount   $ ,    due 

(Any  other  encumbrances  or  charges.) 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  caused  my 
official  seal  to  be  affixed,  this  day  of  . 

[Seal]  , 

Eegistrar  of  Titles  in  and  for  the  county  of  ,  state  of  California. 

Tenants  in  common  may  receive  each  a  certificate. 

§  25.  In  all  cases  where  two  or  more  persons  are  entitled  as  tenants 
in  common  to  an  estate  in  registered  land,  such  persons  may  receive  one 
certificate  for  the  entirety,  or  each  may  receive  a  separate  certificate 
for  his  undivided  share. 

Registered  owner  may  consolidate  several  or  divide  up  one  certificate. 

§  26.  Upon  the  application  of  any  registered  owner  of  land  held  under 
separate  certificates  of  title,  or  under  one  certificate,  and  delivering  up 
of  such  certificate  or  certificates  of  title,  the  registrar  may  issue  to  such 
owner  a  single  certificate  of  title  for  the  whole  of  such  land,  or  several 
certificates,  each  containing  a  portion  of  such  land,  in  accordance  with 
such  application,  and  as  far  as  the  same  may  be  done  consistently  with 
any  regulations  at  the  time  being  in  force,  respecting  the  certificates  of 
land  that  may  be  included  in  one  certificate  of  title;  and  upon  issuing 
any  such  certificate  of  title  said  registrar  shall  indorse  on  the  last 
previous  certificate  of  title  of  such  land  so  delivered  up  a  memorial,  set- 
ting forth  the  occasion  of  such  cancellation  and  referring  to  the  volume 
and  folium  of  the  new  certificate  or  certificates  of  title  so  issued. 

Certificate  may  be  issued  by  order  of  court  in  lieu  of  lost  duplicate;  pro- 
ceedings therefor. 

§  27.  In  the  event  of  a  duplicate  certificate  of  title  being  lost,  mis- 
laid, or  destroyed,  the  owner  may  apply  to  the  court  for  an  order  upon 
the  registrar  to  issue  a  certified  copy  of  the  original  certificate  of  regis- 
tration. Upon  the  hearing  of  such  application,  the  court  may  order  such 
notice  to  be  given  to  such  persons,  and  for  such  time  as  it  may  deem 
proper.  If  the  court  is  satisfied  that  the  applicant  is  the  person  named 
in  the  original  certificate  on  file  in  the  registrar's  office,  and  that  the 
duplicate  certificate  has  been  lost,  mislaid,  or  destroyed,  the  court  shall 
make  an  order  directing  the  registrar  to  issue  a  certified  copy  of  the 
original  certificate  to  the  applicant.  A  certified  copy  of  such  order  shall 
be  filed  in  the  registrar's  office,  who  shall  thereupon  issue  to  such  appli- 
cant a  certified  copy  of  the  original  certificate,  with  the  memorials  and 
notations  appearing  upon  the  register,  and  shall  note  upon  the  register 
the  fact,  cause,  and  date  of  such  issue,  and  shall  also  mark  upon  such 
certified  copy:  "Owner's  certified  copy,  issued  in  place  of  lost  (mislaid, 
or  destroyed,  as  the  case  may  be)  certificate,"  and  such  certified  copy 
shall  stand  in  the  place  of,  and  have  like  effect,  as  the  missing  duplicate 
certificate.  In  case'  of  a  lost  certificate,  no  transfer  of  the  land  shall 
be  made  until  such  certified  copy  is  issued  by  the  registrar.     A  certified 


1425  TORRENS  LAND   SYSTEM.  Act  4115,  §§  28-32 

copy  of  the  certificate  of  title  may  be  issued  by  the  registrar  for  use  as 
evidence,  upon  the  receipt  by  him  of  an  order  therefor  made  by.  the 
court;  provided,  that  such  certified  copy  shall  have  written  or  stamped 
across  the  face  thereof  the  words  "For  use  as  evidence  only."  The  issu- 
ance of  such  certified  copy  and  the  purpose  thereof  shall  also  be  noted 
upon  the  original  certificate  by  the  registrar. 

Change  of  name  or  of  description  to  be  noted  on  order  of  court. 

§28.  If  an  owner's  name  or  description  is  incorrectly  registered,  or 
becomes  changed  (c.  g.,  by  marriage,  adoption,  divorce,  etc.),  the  court, 
upon  the  filing  of  an  application  and  proof  of  facts  in  the  manner  set 
forth  in  section  27  of  this  act,  and  the  production  by  the  owner  of  the 
duplicate  certificate,  shall  order  the  registrar  to  issue  a  new  certificate, 
with  such  changes  as  the  case  may  require. 

THE  KEGISTER  OF  TITLES. 
Original  certificate  to  be  entered  in  register;  memorials  to  be  on  latest 

certificate. 

§29.  The  registrar  shall  keep  a  book,  to  be  known  as  the  "Register 
of  Titles,"  wherein  he  shall  enter  all  original  certificates  of  title,  in  the 
order  of  their  numbers,  with  appropriate  blanks  for  the  entry  of  memor- 
ials and  notations  allowed  by  this  act.  Each  certificate,  with  such 
blanks,  shall  constitute  a  separate  folium  of  such  book.  All  memorials 
and  notations  that  may  be  entered  upon  the  register  under  the  terms 
of  this  act  shall  be  entered  upon  the  folium  constituted  by  the  last  cer- 
tificate of  title  of  the  land  to  which  they  relate.  Each  certificate  of  title 
shall  be  numbered  the  same  as  the  folium  of  the  register  on  which  the 
registration  of  the  title  of  which  it  is  a  duplicate  is   entered. 

Receipt  to  be  given  for  duplicate  certificate  on  its  issuance. 

§  30.  Before  the  delivery  of  any  duijlicate  certificate  of  title,  a  re- 
ceipt for  it  shall  be  required  to  be  signed  by  the  owner.  Where  such 
receipt  is  signed  in  the  presence  of  the  registrar  or  a  deputy,  it  shall  be 
witnessed  by  such  officer.  If  signed  elsewhere,  it  shall  be  acknowledged 
before  any  officer  authorized  to  take  acknowledgments  of  deeds. 

First  registration  deemed  complete  on  notation  of  original  entries  upon 

certificates. 

§31.  In  every  case  of  first  registration  of  land  or  an  estate  or  interest 
therein,  the  same  shall  be  deemed  to  be  registered  under  this  act,  when 
the  registrar  shall  have  marked  upon  the  certificate  of  title,  in  duplicate, 
the  volume  and  folium  of  the  register  in  which  the  original  may  be  found. 

Transfer  complete  on  notation  upon  new  certificate;  other  dealings  com- 
plete on  notation;  registration  to  rela.te  back  to  filing  with  registrar. 
§  o2.     Every  transfer  of  registered  land  shall  be  deemed  to  be  regis- 
tered under  this  act,  when  the  new  certificate  to  the  transferee  shall  have 
been  marked,  as  in  the  case  of  the  first  registration;  and  all  other  deal- 
ings  shall   be   considered   as   registered   when   the   memorial   or   notation 
shall  have  been  entered  in  the  register  upon  the  folium  constituted  by 
Gen.  Laws — 90 


Act  4115,  §§  33-36  GENERAL  LAWS.  1426 

the  existing  certificate  of  title  of  the  land.  But,  for  the  protection  of  the 
transferee  or  person  claiming  through  any  transfer  or  dealing,  the  regis- 
tration shall  relate  back  to  the  time  of  filing  in  the  registrar's  office  the 
deed,  instrument,  or  notice,  pursuant  to  which  the  transfer  memorial  or 
notation  is  made. 

Party  aggrieved  may  lonxig  action  against  registrar  and  others. 

§  33.  Any  person  feeling  himself  aggrieved  by  the  action  of  the  regis- 
trar, or  by  his  refusal  to  act  in  any  matter  pertaining  to  the  first  regis- 
tration of  land,  or  any  subsequent  transfer,  or  charge  upon  the  same,  or 
failing,  or  neglecting,  or  refusing  to  file  any  instrument,  or  to  enter  or 
cancel  any  memorial  or  notation,  or  to  do  any  other  thing  required  of 
him  by  this  act,  may  file  a  complaint  in  the  superior  court  making  the 
registrar  and  other  persons,  whose  interests  may  be  affected,  parties 
defendant,  and  the  court  may  proceed  therein  as  in  other  cases,  and  make 
such  order  or  decree  as  shall  be  according  to  equity  and  the  purport  of 
this  act.  A  certified  copy  of  such  order  or  decree  shall  be  presented  to 
the  registrar,  who  shall  file  the  same  and  make  such  entry  thereof  as  by 
this  act  required. 

EFFECT  OE  EEGISTKATION. 

In  absence  of  fraud,  title  to  be  subject  only  to  noted  encumbrances; 

exceptions. 

§  34.  The  registered  owner  of  any  estate  or  interest  in  land  brought 
under  this  act  shall,  except  in  case  of  fraud  to  which  he  is  a  party,  or 
of  the  person  through  whom  he  claims  without  valuable  consideration 
paid  in  good  faith,  hold  the  same  subject  only  to  such  estates,  mortgages, 
liens,  charges,  and  interests  as  may  be  noted  in  the  last  certificate  of 
title  in  the  registrar's  office,  and  free  from  all  others,  except: 

1.  Any  subsisting  lease  or  agreement  for  a  lease  for  a  period  not  ex- 
ceeding one  year,  where  there  is  actual  occupation  of  the  land  under 
lease.     The  term  "lease"  shall  include  a  verbal  letting. 

2.  All  public  highways  embraced  in  the  description  of  the  lands  in- 
cluded in  the  certificate. 

3.  Any  subsisting  right  of  way  or  other  easement,  however  created, 
upon,  over,  or  in  respect  of  the  land. 

4.  Any  tax  or  special  assessment  for  which  a  sale  of  the  land  has  not 
been  had  at  the  date  of  the  certificate  of  title. 

5.  Such  right  of  action  or  claim  as  is  allowed  by  this  act. 

6.  Liens,  claims,  or  rights  arising  under  the  laws  of  the  United  States, 
which  the  statutes  of  California  cannot  require  to  appear  of  record  upon 
the  register. 

No  adverse  possession  after  registration  possible. 

§  35.  After  land  has  been  registered  no  title  thereto  adverse  or  in 
derogation  to  the  title  of  the  registered  owner  shall  be  acquired  by  any 
length  of  possession. 

Presumption  of  good  faith  in  purchaser  of  registered  land. 

§  36.  Except  in  case  of  fraud,  and  except  as  herein  otherwise  pro- 
vided, no  person  taking  a  transfer  of  registered  land,  or  any  estate  or 


1427  TORRENS  LAND  SYSTEM.  Act  4115,  §§  37-42 

interest  therein,  or  of  any  charge  upon  the  same  from  the  registered 
owner,  shall  be  held  to  inquire  into  the  circumstances  under  which,  or 
the  consideration  for  which,  such  owner  or  any  previous  registered  owner 
was  registered,  or  be  affected  with  notice,  actual  or  constructive,  of  any 
unregistered  trust,  lien,  claim,  demand,  or  interest;  and  the  knowledge 
that  any  unregistered  trust,  lien,  claim,  demand,  or  interest  is  in  exist- 
ence shall  not  of  itself  be  imputed  as  fraud. 

Persons  defrauded  shall  not  lose  rights. 

§  37.  In  case  of  fraud,  any  person  defrauded  shall  have  all  rights  and 
remedies  that  he  would  have  had  if  the  land  were  not  under  the  provis- 
ions of  this  act;  provided,  that  nothing  contained  in  this  section  shall 
affect  the  title  of  a  registered  owner  who  has  taken  bona  fide  for  a 
valuable  consideration,  or  of  any  person  bona  fide  claiming  through  or 
under  him. 

Registration  of  forged  instrument  void  but  title  of  bona  fide  owner  not 

affected. 

§38.  If  a  deed  or  other  instrument  is  registered,  which  is  forged,  or 
executed  by  a  person  under  legal  disability,  such  registration  shall  be 
void;  provided,  that  the  title  of  a  registered  owner,  who  has  taken  bona 
fide  for  a  valuable  consideration,  shall  not  be  affected  by  reason  of  his 
claiming  title  through  some  one,  the  registration  of  whose  right  or 
interest  was  void,  as  provided  in  this  section. 

No  unregistered  interest  shall  prevail  against  bona  fide  regis.tered  OAvner. 

§  39.  No  unregistered  estate,  interest,  power,  right,  claim,  contract, 
or  trust  shall  prevail  against  the  title  of  a  registered  owner  taking  bona 
fide  for  a  valuable  consideration,  or  of  any  person  bona  fide  claiming 
through  or  under  him. 

In  absence  of  fraud,  certificate  of  title  is  conclusive  evidence  in  suit  for 

specific  performance  of  contract  to  purchase. 

§40.  In  any  suit  for  specific  performance  brought  by  a  registered 
owner  of  any  land  under  the  provisions  of  this  act  against  a  person  who 
may  have  contracted  to  purchase  such  land,  not  having  notice  of  any 
fraud  or  other  circumstances  which,  according  to  the  provisions  of  this 
act,  would  affect  the  right  of  the  vendor,  the  certificate  of  title  of  such 
registered  owner  shall  be  held  in  every  court  to  be  conclusive  evidence 
that  such  registered  owner  has  a  good  and  valid  title  to  the  land,  and 
for  the  estate  or  interest  therein  mentioned  or  described. 
In  ejectment  or  partition  suits,  certificate  is  conclusive  evidence. 

§  41.  In  any  action  or  proceeding  brought  for  ejectment,  partition, 
or  possession  of  land,  the  certificate  of  title  of  a  registered  owner  shall 
be  held  in  every  court  to  be  conclusive  evidence,  except  as  herein  other- 
wise provided,  that  such  registered  owner  has  a  good  and  valid  title  to 
the  land,  and  for  the  estate  or  interest  tiierein  mentioned  or  described, 
and  that  such  registered  owner  is  entitled  to  the  possession  of  said  land. 

The  register  to  be  received  as  evidence. 

§  42.  The  register  of  any  land,  and  duly  certified  copies  thereof,  shall, 
except  as  herein  otherwise  provided,  be  received  in  law  and  in  equity 


Act  4115,  §§  43-47  GENERAL  LAWS.  1428 

as  evidence  of  the  facts  therein  stated,  and  as  conclusive  evidence  that 
the  person  named  therein  as  owner  is  entitled  to  the  land  for  the  estate 
or  interests  therein  specified. 

Memorial  to  be  noted  until  cancellation. 

§43,  "Whenever  a  memorial  has  been  entered,  as  permitted  by  this 
act,  the  registrar  shall  carry  the  same  forward  upon  all  certificates  of 
title  until  the  same  is  canceled  in  some  manner  authorized  by  this  act. 

Dealings  subsequent  to  first  registration  subject  to  act, 

§  44.  All  dealings  with  land  or  any  estate  or  interest  therein,  after 
the  same  has  been  brought  under  this  act,  and  all  liens,  encumbrances, 
and  charges  upon  the  same  subsequent  to  the  first  registration  thereof, 
shall  be  deemed  to  be  subject  to  the  terms  of  this  act,  and  to  such 
amendments  and  alterations  as  may  hereafter  be  made.  The  bringing  of 
land  under  this  act  shall  imply  an  agreement  which  shall  run  with  the 
land,  that  the  same  shall  be  subject  to  the  terms  and  provisions  of  the 
act  and  of  amendments  and  alterations  thereof. 

Five  years'  limitation  to  bringing  of  action  affecting  registered  land; 

incompetents  to  appear. 

§  45.  No  person  shall  commence  any  action  at  law  or  in  equity  for 
the  recovery  of  land,  or  assert  any  interest,  right  in,  or  lien  or  demand 
upon  the  same,  or  make  entry  thereon  adversely  to  the  title  or  interest 
certified  in  the  first  certificate  bringing  the  land  under  the  operation  of 
this  act,  unless  within  five  years  after  the  first  registration.  It  shall 
not  be  an  exception  to  this  rule  that  the  person  entitled  to  bring  the 
action  or  make  the  entry  is  an  infant,  lunatic,  or  is  under  any  disability, 
but  action  may  be  brought  by  such  person  by  his  next  friend  or  guardian. 
It  shall  be  the  duty  of  the  guardian,  if  there  is  any,  to  bring  action  in 
the  name  of  his  ward  whenever  it  is  necessary  to  preserve  or  enforce 
the  ward's  rights  in  registered  land;  provided,  however,  before  such 
action  shall  proceed,' it  must  be  made  to  appear  to  the  court  that  the  per- 
son bringing  such  action,  or  those  under  whom  he  claims,  had  no  aciual 
notice  of  the  proceedings  to  register  such  lands  in  time  to  appear  and 
file  his  objections  or  assert  his  claim. 

Action  not  to  affect  bona  fide  purchasers. 

§46.  The  action  provided  for  in  the  last  preceding  section,  shall  in 
no  way  affect  or  disturb  the  rights  of  any  person  in  said  land,  acquired 
subsequent  to  the  registration  thereof,  bona  fide  and  without  knowledge, 
and  for  a  valuable  consideration. 

Claim  to  arise  after  expiration  of  five  years  preserved  by  noting  me- 
morial; proceedings  subsequent. 

§47.  Any  person  having  any  interest,  right,  title,  lien,  or  demand, 
whether  vested,  contingent,  or  inchoate,  in,  to,  or  upon  registered  land 
which  existed  at  the  time  the  land  was  first  registered,  and  upon  or  for 
which  no  cause  of  action  shall  have  accrued  at  the  date  of  the  regis- 
tration of  the  land,  may,  prior  to  the  expiration  of  said  five  years  after 


1429  TORRENS  LAND  SYSTEM.  Act  4115,  §§  48-51 

such  registration,  file  in  the  registrar's  oflSce  a  notice,  under  oath,  setting 
forth  his  interest,  right,  title,  lien,  or  demand,  and  how  and  under  whom 
derived,  and  the  character  and  nature  thereof;  and  if  such  claim  is  so 
filed,  an  action  may  be  brought  to  assert  or  recover  or  enforce  the  same 
at  any  time  within  one  year  after  the  right  of  action  shall  have  accrued 
thereon,  or  at  any  time  wdthin  the  period  of  five  years  after  said  first 
registration,  and  not  afterwards.  It  shall  be  the  duty  of  a  life  tenant  or 
trustee  to  file  such  claim  on  behalf  of  any  remainderman  or  reversioner, 
whether  the  remainder  or  reversion  be  at  the  time  vested  or  contingent, 
and  of  a  guardian  to  file  such  claim  on  behalf  of  his  ward, 

TEANSFERS. 
Title  passes  on  filing  of  deed  and  of  duplicate. 

§  48.  A  registered  owner  of  land  desiring  to  transfer  his  whole  estate 
or  interest  therein,  or  some  distinct  part  or  parcel  thereof,  or  some  un- 
divided interest  therein,  or  to  grant  out  of  his  estate  an  estate  for  life 
or  for  a  term  of  not  less  than  ten-  years,  may  execute  to  the  intended 
transferee  a  deed  or  instrument  of  conveyance  in  any  form  authorized 
by  law  for  that  purpose.  And  upon  filing  such  deed  or  other  instrument 
in  the  registrar's  office  and  surrendering  to  the  registrar  the  duplicate 
certificate  of  title,  the  transfer  shall  be  complete  and  the  title  so  trans- 
ferred shall  vest  m  the  transferee;  thereupon,  the  registrar  shall  issue 
in  duplicate  and  register,  as  hereinbefore  provided,  a  new  certificate, 
certifying  the  title  to  the  estate  or  interest  in  the  land  desired  to  be 
conveyed  to  be  in  the  transferee,  and  shall  note  upon  the  original  and 
duplicate  certificate  the  date  of  the  transfer,  the  name  of  the  transferee, 
and  the  volume  and  folium  in  which  the  new  certificate  is  registered, 
and  shall  stamp  across  the  original  and  surrendered  duplicate  certificate 
the  word  "Canceled,"  in  whole  or  part,  as  the  case  may  be. 

New  certificate  to  issue  for  remainder,  if  but  a  parcel  be  transferred. 

§  49.  When  only  a  part  of  the  land  described  in  a  certificate  is  trans- 
ferred, or  some  estate  or  interest  in  the  land  is  to  remain  in  the  trans- 
ferrer, a  new  certificate  shall  be  issued  to  him  for  the  part,  estate,  or 
interest   remaining  in   him. 

Time  of  filing  to  be  noted  on  instrument. 

§  50.  The  registrar  shall  mark  as  filed  every  deed,  mortgage,  lease, 
and  other  instrument  which  may  be  filed  in  his  office,  in  the  order  of  its 
receipt,  and  shall  note  thereon  at  the  date  of  filing  the  minute,  hour, 
day  and  year  it  is  received.  When  the  date  of  filing  any  instrument  is 
required  to  be  entered  upon  the  register,  it  shall  be  the  same  as  that 
indorsed   upon   such   instrument. 

Papers  filed  to  be  retained. 

§  51.  All  instruments,  notices,  and  papers  required  or  permitted  by 
this  act  to  be  filed  in  the  office  of  the  registrar,  shall  be  retained  and 
kept  in  such  office,  and  shall  not  be  taken  therefrom  except  by  a  sub 
poena  duces  tecum  issued  to,  and  served  upou  the  registrar  by  a  court 


Act  4115,  §§  52-55  GENERAL  LAWS.  1430 

of  record.  But  the  registrar,  on  demand,  the  proper  fee  being  tendered 
therefor,  shall  deliver  to  any  person  a  copy  or  copies  of  such  an  instru- 
ment, with  all  memoranda,  memorials,  and  indorsements  thereon,  duly 
certified  under  his  hand  and  seal  of  office.  The  registrar  shall,  however, 
upon  all  such  copies,  indorse  thereon  in  writing  across  the  face  thereof, 
in  red  ink,  "Copy,  no  rights  conveyed  hereby." 

Such  copies  to  be  received  in  evidence. 

§  52.  Every  copy  of  original  instruments  so  certified  as  provided  for 
in  the  last  preceding  section,  shall  be  received  in  all  cases  in  place  of 
the  original,  and  as  evidence  have  the  same  force  and  effect  as  the 
original  instrument. 

Existing  forms  of  deeds  may  be  used. 

§  53.  Like  forms  of  deeds,  mortgages,  leases,  and  other  instruments 
as  are  now  or  may  hereafter  be  sufficient  in  law  for  the  purpose  intended, 
may  be  used  in  dealing  with  registered  land  and  any  estate  or  interest 
therein.  Such  instrument  shall  give  the  number  of  the  certificate  of 
title  of  the  land  described  therein.  But  an  indorsement,  duly  acknowl- 
edged, upon  the  duplicate  certificate  of  title,  substantially  in  the  follow- 
ing form,  viz.:  "I,  ,   grant   to  the  real   property   described  in 

this  certificate.     Witness  hand  and  seal  this  day  of 

, ,"  shall  be  sufficient  to  transfer  the  property  in  said  certificate 

described. 

Name  and  address  to  be  indorsed  on  instrument,  and  notices  to  be  sent 

there. 

§  54.  On  all  instruments  presented  to  the  registrar  for  registration 
shall  be  indorsed  the  name  and  address  of  the  person  so  presenting  the 
same,  and  all  notices  relating  to  the  land  therein  described  may  be  served 
on  such  person  at  such  address.  The  address  may  be  changed  from  time 
to  time  by  such  person  filing  with  the  registrar  a  written  notice  of 
such  change. 

Instrument  affecting  registered  land  to  be  but  a  contract  until  registered. 

§  55.  A  deed,  mortgage,  lease,  or  other  instrument  purporting  to  con- 
vey, transfer,  mortgage,  lease,  charge,  or  otherwise  deal  with  registered 
land,  or  any  estate  or  interest  therein,  or  charge  upon  the  same,  other 
than  a  will  or  a  lease  not  exceeding  one  year  where  the  land  is  in  the 
actual  possession  of  the  lessee  or  his  assigns,  shall  take  effect  only  by 
way  of  contract  between  the  parties  thereto,  and  as  authority  to  the 
registrar  to  register  the  transfer,  mortgage,  lease,  charge,  or  other  dealing 
upon  compliance  with  the  terms  of  this  act.  On  the  filing  of  such  instru- 
ment, the  land,  estate,  interest,  or  charge  shall  become  transferred,  mort- 
gaged, leased,  charged,  or  dealt  with  according  to  the  purport  and  terms 
of  the  deed,  mortgage,  lease,  or  other  instrument.  The  registrar  shall 
immediately,  upon  the  filing  of  such  instrument,  stamp  or  write  upon 
the  original  and  duplicate  certificates  of  title  the  word  "Transferred," 
"Mortgaged,"  "Leased,"  or  otherwise,  as  the  case  may  require,  with  th© 
date  of  filing  such  instrument. 


1431  TORRENS  LAND  SYSTEM.  Act  4115,  §§  56-61 

Certificate  before  retransfer,  etc.,  must  show  freedom  from  tax  sale  and 

homestead. 

§  56.  No  transfer  of  title  to  land,  or  any  estate  or  interest  therein, 
or  mortgage,  shall  be  registered,  if  the  last  original  certificate  shows  that 
the  land  has  been  sold  for  any  tax  or  assessment  upon  which  a  deed  has 
been  given,  and  that  the  title  is  outstanding,  or  upon  which  a  deed  may 
thereafter  be  given,  or  if  said  certificate  shows  that  the  estate  of  home- 
stead, if  any,  has  not  been  released  or  extinguished,  unless  the  transfer 
nr  mortgage  is  intended  to  be  subject  to  such  tax  sale  or  homestead 
estate,  in  which  case  it  shall  be  so  stated  in  the  certificate  of  title. 

Certificate  to  state  marriage  or  representative  capacity,  if  any. 

§  57.  Every  certificate  of  title  to  land  shall  state  whether  the  trans- 
feree (except  when  the  latter  is  a  corporation,  executor,  administrator, 
or  assignee),  is  married  or  not  married,  and  if  married,  the  name  of  the 
husband  or  wife.  If  the  transferee  be  an  executor  or  administrator,  the 
certificate  shall  give  the  name  of  the  deceased  testator  or  intestate,  and 
if  the  transferee  be  an  assignee,  the  name  of  the  insolvent.  The  trans- 
feree shall  furnish  the  registrar  the  necessary  information  before  he  shall 
be  entitled  to  have  the  land  transferred  to  him  on  the  register. 

MOETGAGES,  LEASES,  AND  OTHER  CHAEGES. 

Encumbrance  on  registered  land  must  be  registered. 

§  58.  Every  mortgage,  lease,  contract  to  sell,  or  other  instrument 
intended  to  create  a  lien,  encumbrance,  or  charge  upon  registered  land, 
or  any  interest  therein,  shall  be  deemed  to  be  a  charge  thereon,  and  must 
be  registered  as  hereinafter  provided. 

Encumbrance  created  on  filing  of  charge. 

§59.  On  the  filing  of  the  instrument  intended  to  create  the  charge 
in  the  registrar's  oftice,  and  the  production  of  the  duplicate  certificate 
of  title,  and  it  appearing  from  the  original  certificate  of  title 
that  the  person  intending  to  create  the  charge  has  the  title  and 
right  to  create  such  charge,  and  the  person  in  whose  favor  the  same  is 
sought  to  be  created  being  entitled  by  the  terms  of  this  act  to  have  the 
same  registered,  the  registrar  shall  enter  upon  the  proper  folium  of  the 
register,  and  also  upon  the  duplicate  certificate,  a  memorial  of  the  pur- 
port thereof,  and  the  date  of  filing  the  instrument  with  a  reference 
thereto,  by  its  file  number,  which  memorial  shall  be  signed  by  the  regis- 
trar. The  registrar  shall  also  note  upon  the  instrument  on  file  the  volume 
and  folium  of  the  register  where  the  memorial  is  entered. 

Trust  deed  to  be  treated  as  a  mortgage. 

§  60.  A  trust  deed  in  the  nature  of  a  mortgage  shall  be  deemed  to  be 
a  mortgage,  and  be  subject  to  the  same  rules  as  a  mortgage. 

If  instrument  charging  land  be  in  duplicate  or  more  parts,  but  one  need 

be  filed. 

§  61.  When  any  mortgage,  lease,  or  other  instrument  creating  or  deal- 
ing with  a  charge  upon  registered  land  or  any  estate  or  interest  therein, 


Act  4115,  §§  62-64  GENERAL  LAWS.  1432 

is  in  duplicate,  triplicate,  or  more  parts,  only  one  of  the  parts  need  be 
filed  and  kept  in  the  registrar's  office;  but  the  registrar  shall  note  upon 
the  register  whether  the  same  is  in  duplicate,  triplicate,  or  as  the  case 
may  be,  and  shall  also  mark  upon  the  others  "Mortgagee's  Duplicat'e," 
"Lessor's  Duplicate,"  "Lessee's  Duplicate,"  or  as  the  case  may  be,  and 
note  upon  the  same  the  date  of  filing  and  the  volume  and  folium  of  the 
register  where  the  memorial  is  entered,  and  deliver  them  to  the  parties 
entitled  thereto. 

Certified  copies  identified  as  such  may  be  issued. 

§  62.  When  an  instrument  is  not  executed  in  a  sufficient  number  of 
parts  for  the  convenience  of  the  parties,  the  registrar  may  make  and 
deliver  to  each  of  the  parties  entitled  thereto  certified  copies  of  the 
instrument  filed  in  his  office,  with  the  indorsements  thereon,  marking 
the  same  "Mortgagee's  Certified  Copy,"  "Lessor's  Certified  Copy,"  or  as 
the  case  may  be,  and  shall  note  upon  the  register  the  fact  of  issuing 
such  copies.  Such  certified  copies  shall  have  the  same  force  and  effect 
and  be  treated  as  duplicates. 

Assignment  of  charge  by  filing  and  noting  of  same  by  memorial. 

§  63.  The  holder  of  any  charge  upon  registered  laud,  desiring  to  trans- 
fer the  same  or  any  part  thereof,  may  execute  an  assignment  of  the 
whole  or  any  part  thereof.  The  assignment  of  a  part  only  must  state 
whether  the  part  transferred  is  to  be  given  priority,  to  be  deferred,  or 
to  rank  equally,  with  the  remaining  part.  Upon  such  assignment  being 
filed  in  the  office  of  the  registrar  and  the  production  of  the  duplicate 
or  certified  copy  of  the  instrument  creating  the  charge  held  by  the  as- 
signor, the  registrar  shall  enter  in  the  register  opposite  the  charge,  a 
memorial  of  such  transfer,  and  how  it  ranks,  with  a  reference  to  the 
assignment  by  its  file  number;  he  shall  also  note  upon  the  instrument 
on  file  in  his  office  intended  to  be  transferred,  and  upon  the  duplicate 
or  certified  copy  thereof  produced,  the  volume  and  folium  where  che 
memorial  is  entered,  with  the  date  of  the  entry.  The  transferee  shall 
be  entitled  to  have  a  certified  copy  of  the  instrument  of  transfer,  with 
the  indorsement  thereon,  and  in  case  of  the  transfer  of  the  entire  charge, 
the  duplicate  or  certified  copy  of  the  instrument  creatinff  the  charge. 

Belease  of  part  or  whole  of  charge  to  be  noted  as  an  assignment. 

§  64.  A  release,  discharge,  or  surrender  of  a  charge,  or  any  part 
thereof,  or  of  any  part  of  the  land  charged,  may  be  effected  in  the  same 
way  as  above  provided  in  the  case  of  a  transfer.  In  case  only  a  part 
of  the  charge  or  of  the  land  is  intended  to  be  released,  discharged,  or 
surrendered,  the  entry  shall  be  made  accordingly;  but  when  the  whole 
is  released,  discharged,  or  surrendered  at  the  same  or  several  times,  the 
registrar  shall  stamp  across  the  instrument  on  file,  and  the  memorial 
thereof,  and  the  duplicate  or  certified  copy  produced,  the  word  "Can- 
celed." 


i 


1433  TORRENS  LAND   SYSTEM.  Act  4115,  §§  65-69 

Charges  to  be  enforced  as  at  present,  except  as  herein  provided,  and 
except  that  notice  of  lis  pendens  must  be  filed  with  registrar. 
§  65.  All  charges  upon  registered  land,  or  any  estate  or  interest  in 
the  same,  may  be  enforced  as  now  or  hereafter  allowed  by  law,  and  all 
laws  with  reference  to  the  foreclosure  and  release  or  satisfaction  of 
mortgages  shall  apply  to  mortgages  upon  registered  land,  or  any  estate 
or  interest  therein,  except  as  herein  otherwise  provided,  and  except  that 
until  notice  of  the  pendency  of  any  suit  to  enforce  or  foreclose  such 
charge  is  filed  in  the  registrar's  office,  and  a  memorial  thereof  entered  on 
the  register,  tfie  pendency  of  such  suit  shall  not  be  notice  to  the  regis- 
trar, or  any  person  dealing  with  the  land  or  any  charge  thereon. 

ATTOENEYS  IN  FACT. 
Attorney  in  fact  to  deal  with  registered  land  must  file  his  power. 

§  66.  Before  any  person  can  convey,  charge,  or  otherwise  deal  with 
registered  land,  or  any  estate  or  interest  therein,  as  attorney  in  fact  for 
another,  the  deed  or  instrument  empowering  him  so  to  act  shall  be  filed 
with  the  registrar,  and  a  memorial  thereof  entered  upon  the  original  and 
duplicate  certificates.  If  the  attorney  shall  so  desire,  the  registrar  shall 
deliver  to  him  a  certified  copy  of  the  power  ©f  attorney,  with  the  indorse- 
ments thereon.     Eevocation  of  a  power  may  be  registered  in  like  manner. 

TRUSTS,  CONDITIONS,  AND  LIMITATIONS. 
Trusts,  etc.,  to  be  noted  without  any  of  the  particulars. 

§  67.  Whenever  a  deed  or  other  instrument  is  filed  in  the  registrar's 
office  for  the  purpose  of  effecting  a  transfer  of,  or  charge  upon,  registered 
lands,  or  any  estate  or  interest  therein,  and  it  appears  from  such  instru- 
ment that  the  transfer  or  charge  is  to  be  in  trust,  or  upon  any  con- 
dition or  limitation  therein  expressed,  the  registrar  shall  note  in  the 
certificate,  and  the  duplicate  thereof,  or  memorial,  the  words  "in  trust," 
or  "upon  condition,"  or  "with  limitations,"  as  the  case  may  be,  but  no 
entry  shall  be  made  of  the  particulars  of  any  such  trust,  conditions,  or 
limitations. 

Every  trustee  with  express  authority,  shall  have  power  of  sale. 

§68.  The  trustee  or  transferee  in  any  such  instrument  named,  if  the 
instrument  contains  the  words  "with  power  of  sale,"  shall  have  power 
to  deal  with  the  land  as  the  owner  thereof;  and  a  bona  fide  purchaser, 
mortgagee,  or  lessee  is  not  bound  to  inquire  into  or  determine  whether 
or  not  the  acts  of  such  trustees  are  in  accordance  with  the  terms  and 
conditions  of  the  trust.  When  such  power  is  conferred,  the  registrar 
shall  note  upon  the  certificate  and  duplicate  thereof  the  words  "with 
power  of  sale." 

No  trustee,  with  limitation,,  shall  sell  without  order  of  court  to  sell. 

§  69.  If,  however,  such  instrument  does  not  contain  the  words  "with 
power  of  sale,"  such  trustee  shall  have  no  power  to  sell  or  otherwise 
deal  with  the  land  without  an  order  of  court  so  to  do,  duly  given  and 


Act  4115,  §§  70-74  GENERAL  LAWS.  1434 

made,  a  certified  copy  of  which  said  order  shall  be  filed  with  the  regis- 
trar, and  a  memorial  thereof  entered  upon  the  certificate  of  title,  which 
shall  be  conclusive  evidence  as  against  all  persons  that  the  authority 
of  such  trustee  was  duly  executed  in  accordance  with  the  true  inteLt 
and  meaning  of  the  trust,  condition,  or  limitation. 

Trustee  under  which  shall  have  power  to  sell  unless  it  be  withheld, 

§  70.  A  trustee  under  any  will  admitted  to  probate,  unless  such  power 
shall  have  been  expressly  withheld  by  the  terms  of  such  will,  shall  have 
power  to  deal  with  any  registered  land  held  by  him  in  trust  as  fully  in 
every  respect  as  if  such  lands  belonged  to  him  individually. 

ESTATES    IN    PROBATE,    IN    INSOLVENCY,     AND     IN    EQUITY 

PROCEEDINGS. 
Existing  statutes  governing  probate,  insolvency,  and  equity  proceedings, 

not  affected. 

§  71.  The  distribution,  transfer,  leasing,  mortgaging,  or  other  change 
in  the  status  of  the  title  of  registered  land  that  is  within  the  jurisdic- 
tion of  any  court  by  reason  of  the  pendency  of  probate,  insolvency,  or 
equity  proceedings,  shall  be  made  under  the  same  conditions  and  limita- 
tions as  now  or  hereafter  provided  by  the  law  of  this  state. 

Orders  of  sale,  decrees  of  distribution,  etc.,  to  contain  direction  to  regis- 
trar. 

§  72.  The  court  in  its  order  or  decree  making  such  distribution,  trans- 
fer, leasing,  mortgaging,  or  other  change  in  the  status  of  the  title  of 
registered  land,  shall  direct  the  registrar  to  issue  a  certificate  of  title,  or 
to  note  a  memorial  of  the  transaction,  as  the  case  may  require,  in  accord- 
ance with  such  order  or  diecree. 

Certified  copy  of  order,  decree,  deed,  and  confirmation  to  be  filed  with 

registrar. 

§  73.  The  executor,  administrator,  assignee,  receiver,  or  other  person 
acting  under  the  direction  of  said  court,  shall  file  with  the  registrar  a 
certified  copy  of  such  order  or  decree,  also  the  deed,  lease,  mortgage,  or 
other  instrument  executed  in  accordance  with  such  order  or  decree,  and 
also  a  certified  copy  of  the  order  or  decree  confirming  such  sale,  lease, 
mortgage,  or  other  transaction,  when  such  confirmation  is  required  by  law. 

Order  of  court  necessary  for  sale  of  land  of  insolvent  and  probate  estates; 

confirmation  and  issuance  of  certificates  thereof. 

§  74.  Executors,  administrators,  and  assignees  in  insolvency  shall  have 
no  power  of  sale  of  lands  registered  in  their  names  as  such,  without  an 
order  of  court  obtained  for  that  purpose.  Before  any  certificate  can  be 
issued  to  the  purchaser,  such  sales  shall  be  reported  for  confirmation  to 
the  court  under  whose  authority  such  executor,  administrator,  or  assignee 
is  acting,  and  if  confirmed,  a  duly  certified  copy  of  the  order  of  con- 
firmation shall  be  filed  in  the  office  of  the  registrar,  and  a  memorial 
thereof  entered  upon  the  certificate  of  title.    Upon  the  filing  of  the  cer- 


1435  TORRENS   LAND   SYSTEM.  Act  4115,  §§  75-78 

tified  copy  of  such  order  of  confirmation  and  the  entry  of  such  memorial, 
the  registrar  shall  issue  a  certificate  to  the  purchaser  at  such  sale,  which 
certificate,  in  addition  to  the  usual  contents  thereof,  shall  refer  to  the 
said  order  of  confirmation.  Such  order  of  confirmation  shall  be  con- 
clusive evidence  that  the  sale  was  in  all  respects  conducted  in  accordance 
with  law,  and  the  purchaser  shall  not  be  bound  to  inquire  into  the  regu- 
larity of  the  proceeding,  or  power  of  the  executor  or  administrator  to 
make  such  sale. 

Power  of  sale  of  executor  to  be  noted. 

§  75.  If  a  testator,  by  his  will,  has  provided  that  the  executor  thereof 
shall  have  a  power  of  sale  of  real  estate,  the  court  shall  direct  the 
registrar  to  register  the  words  "with  power  of  sale,"  in  respect  of  the 
land  of  the  deceased^  and  such  executor  shall  have  power  to  sell  such 
land  without  an  order  of  court  so  to  do,  but  such  sales  must  be  confirmed 
by  the  court  in  the  manner  now  or  hereafter  provided  by  the  law  of  this 
state,  and  a  duly  certified  copy  of  the  order  of  such  confirmation  shall 
be  filed  with  the  registrar  before  any  certificate  of  title  can  be  issued 
to  the  purchaser  of  such  land. 

Registrar  to  issue  certificate  or  note  memorial;  such  to  "be  conclusive. 

§  76.  Thereupon  the  registrar  shall  issue  the  certificate  of  title,  or 
note  the  memorial,  as  the  case  may  require;  and  such  certificate  of  title 
or  memorial  noted  shall  be  conclusive  evidence  in  favor  of  all  persons 
thereafter   dealing  with  said  land. 

TAX  SALES. 

Notice  of  purchase  to  be  filed  and  mailed. 

§77.  A  purchaser  of  registered  land  sold  for  any  tax  or  assessment, 
shall,  within  one  daj^  after  such  purchase,  file  in  the  office  of  the  regis- 
trar a  written  notice  of  such  purchase.  And  thereupon  the  registrar 
shall  enter  a  memorial  thereof  upon  the  certificate  of  title,  and  shall 
mail  to  each  person  named  in  the  certificate,  or  in  the  memorials  thereon, 
a  copy  of  said  notice,  a  sufficient  number  of  said  copies  to  be  furnished 
to  the  registrar  by  said  purchaser  at  the  time  of  filing  said  notice.  In 
case  the  state  or  a  municipal  corporation  becomes  the  purchaser  of  land 
sold  for  any  tax  or  assessment,  the  tax  collector  shall,  within  one  day 
thereafter,  file  with  the  registrar  a  notice  to  that  effect.  And  there- 
upon the  registrar  shall  enter  a  memorial  thereof  upon  the  register,  and 
shall  mail  notices  to  interested  parties,  as  in  the  case  of  an  individual 
purchaser.  Unless  such  notice  is  given  as  herein  provided,  the  land 
shall  be  forever  released  from  the  effect  of  such  sale,  and  no  deed  shall 
be  issued  in  pursuance  thereof. 

Tax  deed  already  issued  must  be  registered. 

§  78.  A  tax  deed  of  registered  land,  or  of  any  estate  or  interest 
therein,  issued  in  pursuance  of  any  sale  for  a  tax  or  assessment  made 
after  the  taking  effect  of  this  act,  may  be  presented  by  the  holder 
thereof  to  the  registrar,  who  shall  thereupon  enter  upon  the  register  a 


Act  4115,  §§  79-83  GENERAL  LAWS.  1436 

memorial  of  such  deed;  but  such  deed,  unless  the  same  shall  have  been 
issued  to  the  state,  shall  have  only  the  effect  of  an  agreement  for  the 
transfer  of  the  title,  and  before  any  certificate  of  title  shall  be  issued 
for  the  land  described  in  such  deed,  the  holder  thereof  must  file  with 
the  clerk  of  the  superior  court  an  application  for  a  decree  showing  the 
title  to  said  land  to  be  vested  in  him. 

Interested  persons  musit  be  made  parties  to  said  application. 

§79.  All  persons  appearing  upon  the  register  to  be  interested  in  said 
land,  and  also  the  person  who  appears,  by  the  tax  collector's  books  to 
have  paid  the  tax  or  assessment  last  paid  before  the  sale  on  which  the 
deed  is  issued,  shall  be  notified;  and  any  person  claiming  an  interest  in 
the  land,  may,  upon  the  hearing  of  such  application,  show,  as  cause 
why  a  certificate  of  title  should  not  issue  to  the  order  of  said  deed,  any 
fact  that  might  be  shown  in  law  or  in  equity  on  his  behalf  to  set  aside 
such  tax  deed,  and  the  applicant  shall  be  required  to  show  affirmatively 
that  all  the  requirements  of  the  statute  to  entitle  him  to  a  deed  have 
been  complied  with. 

Decree  shall  be  given  showing  condition  of  title. 

§  80.  Such  application  shall  be  heard  by  the  court,  which  shall  render 
a  decree  showing  the  condition  of  the  title  to  such  land,  and  who  is  the 
owner  thereof,  and  upon  presentation  to  him,  of  a  duly  certified  copy 
of  such  decree,  the  registrar  shall  issue  a  certificate  for  said  land  in 
accordance  with  the  terms  and  conditions  of  said  decree. 

Tax  deed  to  state  conclusive. 

§81.  In  case  a  tax  deed  of  registered  land  is  issued  to  the  state  or 
any  municipal  corporation,  in  pursuance  of  any  sale  for  a  tax  or  assess- 
ment made  after  the  taking  effect  of  this  act,  the  registrar  shall,  upon 
the  filing  of  such  deed  in  his  office,  cancel  the  certificate  for  the  land  in 
said  deed  described,  and  issue  a  new  certificate  to  the  state  therefor. 

Notice  to  be  personal  or  by  mail  and  publication. 

§  82.  The  notice  required  in  section  80  shall  be  given  upon  all  per- 
sons residing  in  the  state  by  personal  service,  and  upon  all  persons 
living  out  of  the  state  by  mail  and  by  publication  in  the  manner  now  or 
hereafter  required  by  the  laws  of  this  state  in  an  action  to  quiet  title. 
If  such  personal  service  be  made  by  a  sheriff  or  constable,  his  certificate, 
and  if  by  any  other  person,  his  aflidavit,  shall  be  sufficient  proof  thereof. 
In  case  the  place  of  residence  of  any  person  is  not  known  to  the  registrar 
or  the  holder  of  such  deed,  notice  shall  be  given  by  publication  in  a 
newspaper  of  general  circulation  in  the  county  in  which  the  land  is 
situated,  at  least  once  a  week  for  four  consecutive  weeks.  Proof  of 
such  publication  must  be  made  in  the  manner  now  or  hereafter  required 
by  the  laws  of  this  state. 

On  redemption,  memorial  to  be  canceled. 

§83.  Upon  presentation  to  him  of  a  certificate  of  redemption  from 
any  tax  sale,  the  registrar  shall  cancel  the  memorial  of  said  sale  upon 
the  certificate  of  title. 


1437  TOBRENS  LAND  SYSTEM.  Act  4115,  §§  84-89 

PARTITION  AND  JUDICIAL  SALES. 
All  parties  noted  on  register  must  be  parties. 

§  84.  In  proceedings  for  partition  of  registered  land,  proof  must  be 
made  that  all  persons,  shown  by  the  register  of  title  to  be  interested  in 
the  land,  have  been  made  parties  to  such  proceeding. 

Decree  must  be  filed  before  certificate  issued. 

§  85.  On  confirmation  of  the  report  of  the  commissioners  setting  off 
registered  lands  in  proceedings  for  partition,  it  shall  be  the  duty  of  the 
parties  to  whom  the  lands  are  allotted,  to  cause  a  certified  copy  of  the 
judgment  or  decree  to  be  filed  with  the  registrar.  Thereupon  the  regis- 
trar shall  transfer  the  same  upon  the  register,  and  issue  certificates  of 
title  to  the  persons  entitled  thereto,  as  shown  by  said  decree. 

When  sale  ordered,  purchaser  must  file  copy  of  decree. 

§  86.  Whenever,  in  proceedings  for  partition  of  registered  land,  the 
court  shall  order  a  sale  of  such  land,  and  the  same  is  sold  under  such 
order,  the  purchaser  shall  file  with  the  registrar  a  certified  copy  of  the 
order  confirming  said  sale,  together  with  certificate  of  the  officer  holding 
the  writ,  that  the  terms  of  the  sale  have  been  complied  with.  There- 
upon, the  registrar  shall  transfer  said  land  upon  the  register,  and  issue 
a  certificate  of  title  to  the  purchaser,  therefor. 

When  mortgage  on  undivided  share,  lien  attaches  only  to  lands  set  off 

to  mortgagor. 

§  87.  When  a  tenant  in  common  has  given  any  mortgage,  or  granted 
any  other  lien  or  interest  upon  his  undivided  interest,  and  the  same 
is  set  off  in  severalty  in  proceedings  for  partition,  such  mortgage,  lien, 
or  other  interest  shall  attach  only  to  the  lands  so  set  off,  and  the  registrar 
shall  note  the  same  upon  a  new  register  of  title,  and  a  new  certificate  of 
title,  and  shall  indorse  a  memorandum  of  the  partition  upon  the  instru- 
ment creating  such  lien,  mortgage,  or  other  interest,  if  the  same  be  on 
file  in  his  office,  before  a  new  certificate  of  title  shall  be  issued  therefor. 

Purchaser  at  judicial  sale  must  file  certified  copy  of  order  confirming  sale. 
§88.  Whenever  registered  land  shall  be  sold  to  satisfy  any  judgment, 
decree,  or  order  of  court,  the  purchaser  shall  file  with  the  registrar  a 
duly  certified  copy  of  the  order  of  sale,  or  of  the  order  confirming  such 
sale,  when  the  same  needs  to  be  confirmed  by  the  court,  and  also  the 
certificate,  if  any,  of  the  officer,  that  the  terms  of  sale  have  been  com- 
plied with,  and  thereupon  the  registrar  shall  transfer  the  land  to  him, 
and  issue  a  new  certificate  of  title  therefor  to  said  purchaser, 

LIS  PENDENS;  NOTICE  OF  ACTION. 
Notice  to  affect  registered  land  mus.t  be  filed  with  registrar. 

§  89.  No  suit,  bill,  or  proceeding  at  law  or  in  equity  for  any  purpose 
whatever,  affecting  registered  land,  or  any  estate  or  interest  therein, 
or  any  charge  upon  the  same,  shall  be  deemed  to  be  lis  pendens  or 
notice  to  any  person  dealing  with  the  same  until  notice  of  the  pendency 


Act  4115,  §§  90-94  GENERAL  LAWa,  1438 

of  such  suit,  bill,  or  proceeding  shall  be  filed  with  the  registrar  and  a 
memorial  thereof  entered  by  him  upon  the  register  of  the  last  certificate 
of  the  title  to  be  affected;  provided,  however,  this  section  shall  not  apply 
to  attachment  proceedings  when  the  officer  making  the  levy  shall  file 
his  certificate  as  hereinafter  provided. 

When  suit,   etc.,  dismissed,  certificate  of  dismissal  or  release  must  be 

filed  with  registrar. 

§  90.  When  any  suit,  bill,  or  proceeding  affecting  registered  lands 
has  been  dismissed  or  otherwise  disposed  of,  or  any  judgment,  decree, 
or  order  has  been  satisfied,  released,  reversed,  or  modified,  or  any  levy 
of  execution,  attachment,  or  other  process  has  been  released,  discharged, 
or  otherwise  disposed  of,  it  shall  be  the  duty  of  the  sheriff,  or  the  clerk 
of  the  court  in  which  such  proceedings  were  pending,  or  had,  as  the 
case  may  be,  forthwith,  under  his  hand,  and,  if  the  clerk,  under  the  seal 
of  the  court,  to  certify  to  and  file  with  the  registrar,  an  instrument 
showing  such  discharge  or  release.  Upon  the  same  being  filed,  the 
registrar  shall  enter  a  memorial  of  such  discharge  on  the  register.  The 
costs  of  such  certificate  and  memorial  shall  be  taxed  as  other  costs  in 
the  case. 

LIENS,  EXECUTIONS,  ATTACHMENTS,  ETC. 
Certified  copy  of  judgment  or  decree  must  be  filed. 

§  91.  No  judgment,  or  decree,  or  order  of  any  court  shall  be  a  lien 
on  or  in  anywise  affect  registered  land,  or  any  estate  or  interest  therein, 
until  a  certified  copy  of  such  judgment,  decree,  or  order,  under  the  hand 
and  official  seal  of  the  clerk  of  the  court  in  which  the  same  is  of  record, 
is  filed  in  the  office  of  the  registrar,  and  a  memorial  of  the  same  is 
entered  upon  the  register  of  the  last  certificate  of  the  title  to  be  affected. 

Certificate  of  levy  of  attachment,  or  execution,  must  be  filed. 

§  92.  Whenever  registered  land  is  levied  upon  by  virtue  of  any  writ 
of  attachment,  execution,  or  other  process,  it  shall  be  the  duty  of  the 
officer  making  such  levy  forthwith  to  file  with  the  registrar  a  certificate 
of  the  fact  of  such  levy,  a  memorial  of  which  shall  be  entered  upon  the 
register;  and  no  lien  shall  arise  by  reason  of  such  levy  until  the  filing  of 
such  certificate  and  the  entry  in  the  register  of  such  memorial,  any  notice 
thereof,  actual  or  constructive,  to  the  contrary  notwithstanding. 

Notice  of  mechanics'  liens  must  be  filed. 

§  93.  Notice  of  liens  under  the  provisions  of  the  mechanics'  Hen  laws 
of  this  state  shall  be  filed  in  the  registrar's  office,  and  a  memorial  thereof 
entered  by  him  upon  the  register,  as  in  the  case  of  other  charges,  and 
such  liens  may  be  enforced  as  now  or  hereafter  allowed  by  law.  Until 
such  notice  is  so  filed  and  registered,  no  lien  shall  be  deemed  to  have 
been  created. 

Notice  of  assessments  for  street  improvements,  sewers,  etc.,  must  be  filed 

by  clerk. 

§  94.  When  in  a  city,  town,  or  county,  an  ordinance,  resolution,  or 
order  is  passed  or  made,  to  lay  out,  establish,  alter,  widen,  grade,  regrade, 


1439  TORBENS  LAND  SYSTEM,  Act  4115,  §?  95-98 

relocate,  or  construct  or  repair  a  street,  sidewalk,  drain  or  sewer,  or  to 
make  any  other  public  improvement,  or  to  do  any  work,  the  whole  or  a 
portion  of  the  expense  for  which  assessments  may  be  made  upon  real 
estate,  if  any  registered  land  or  any  land  included  in  an  application  for 
registration  then  pending  is  affected  by  the  act  or  proceeding  and  liable 
to  such  assessment,  the  clerk  of  the  board  passing  such  ordinance,  resolu- 
tion, or  order  shall,  within  five  days  after  the  passage  of  such  ordinance, 
resolution,  or  order,  file  in  the  registrar's  office  a  notice  of  the  passage 
thereof,  and  a  memorial  shall  thereupon  be  noted  on  the  register.  In 
case  of  the  repeal  of  such  ordinance,  resolution,  or  order,  the  clerk  of  said 
board,  and  in  case  of  the  satisfaction  of  any  lien  thereunder,  the  super- 
intendent of  streets  or  other  officer  required  by  law  to  collect  and  receive 
such  assessments,  shall,  within  five  days  thereafter,  notify  the  registrar, 
who  shall  thereupon  cancel  such  memorial. 

No  notice  necessary  in  case  of  lien  for  labor  performed  for  corporation 

not  complying  with  law. 

§  95.  No  statutory  or  other  lien  shall  be  deemed  to  affect  the  title 
'to  registered  land  until  after  a  memorial  thereof  is  entered  upon  the 
register,  as  herein  provided,  except  in  cases  of  liens  for  labor  performed 
for  a  corporation,  as  provided  in  the  act  of  the  legislature  of  the  state 
of  California,  approved  March  thirty-first,  eighteen  hundred  and  ninety- 
one. 

Clerk  of  court  may  file  certificate  of  dismissal  of  suit  or  satisfaction  of 

judgment. 

§  96.  The  certificate  of  the  clerk  of  the  court  in  which  any  suit,  bill, 
or  proceeding  shall  have  been  pending,  or  any  judgment  or  decree  is  of 
record,  that  such  suit,  bill,  or  proceeding  has  been  dismissed  or  other- 
wise disposed  of,  or  the  judgment,  decree,  or  order  has  been  satisfied, 
released,  reversed,  or  overruled,  or  of  any  sheriff  or  other  officer  that  the 
levy  of  any  execution,  attachment,  or  other  process  certified  by  him  has 
been  released,  discharged,  or  otherwise  disposed  of,  being  filed  in  the 
registrar's  office  and  noted  upon  the  register,  shall  be  sufficient  to  author- 
ize the  registrar  to  cancel  or  otherwise  treat  the  memorial  of  such  suit, 
bill,  proceeding,  judgment,  decree,  or  levy,  according  to  the  purport  of 
such  certificate. 

CORRECTIONS  OF  ERRORS  IN  CERTIFICATE. 
No  correction  of  register  without  order  of  court. 

§  97.  After  a  title  has  been  registered  and  a  certificate  issued  therefor, 
or  after  a  memorandum,  notation,  or  memorial  has  been  made  on  the 
register  of  title  and  has  been  attested,  no  correction,  alteration,  or 
erasure  shall  be  made  therein  or  thereof,  except  in  the  manner  herein 
provided. 

Registrar  may  apply  to  court  for  correction  of  errors  or  mistakes  in 

certificate. 

§  98.  Whenever  it  appears  to  the  registrar  that  there  is  an  error  or 
omission  in  any  certificate  or  memorial,  or  that  any  certificate  or  me- 


Act  4115,  §§  99-101  GENERAL  LAWS.  1440 

rnorial  has  been  made,  entered,  indorsed,  issued,  or  canceled  by  mistake, 
he  may  apply  to  the  court  for  an  order  summoning  all  persons  registered 
as  interested  in  the  lands  to  which  such  certificate  or  memorial  relates, 
to  appear  at  an  appointed  time  and  place  and  produce  their  duplicate 
certificates  and  show  cause  why  such  omission  or  mistake  should  not  be 
corrected,  and  shall  thereupon  enter  a  memorial  of  such  application  on 
the  register. 

If  all  parties  consent,  court  may  order  correction  of  errors  or  mistakes. 

§  99.  If  at  the  time  and  place  appointed  all  such  persons  appear  and 
consent,  the  court  may  order  and  direct  the  registrar  to  correct  any 
such  error,  omission,  or  mistake  on  the  register  and  on  any  duplicate 
certificate,  and  may  direct  the  cancellation  of  any  certificate  or  memorial 
entered  by  mistake. 

If  all  parties  do  not  consent,  court  may  hear  testimony  as  to  alleged 

error  or  mistake. 

§  100.  If  such  persons,  or  any  of  them,  fail  to  appear,  or  do  not  con- 
sent, the  court  may  proceed  to  hear  testimony  as  to  such  alleged  error,- 
omission,  or  mistake,  and  if  it  appear  to  the  satisfaction  of  the  court 
that  an  error,  omission,  or  mistake  has  been  made,  he  shall  order  and 
direct  the  registrar  to  correct  the  same  and  to  cancel  or  modify  such 
certificates  or  memorials  as  may  be  necessary  to  correct  such  error  or 
mistake.  When  such  error  or  mistake  has  been  caused  by  the  fault  or 
neglect  of  the  registrar,  the  costs  of  such  proceedings  shall  be  paid  by 
the  state;  if  by  the  fault  of  any  person  registered  as  interested  in  such 
land,  by  such  person.  A  certified  copy  of  the  order  of  court,  directing 
the  correction  of  any  error,  omission,  or  mistake  in  respect  to  any  cer- 
tificate or  memorial  shall  be  filed  in  the  registrar's  office  before  Buch 
correction  shall  be  entered  or  made, 

EMINENT  DOMAIN. 

Right  of  eminent  domain  not  affected. 

§  101.  Nothing  in  this  act  shall  be  construed  to  in  anywise  affect  or 
modify  the  exercise  of  the  right  of  eminent  domain.  When  any  suit  or 
proceeding  shall  have  been  brought  in  the  exercise  of  such  right  for 
the  taking  of  registered  land,  or  any  interest  therein,  or  to  test  the  valid- 
ity of  any  such  taking,  or  to  ascertain  and  establish  the  amount  of 
damage  by  reason  of  any  such  taking,  it  shall  be  the  duty  of  both  parties 
to  the  proceeding  to  see  that  a  certified  copy  of  the  judgment  or  decree 
therein  is  duly  filed  and  a  memorial  thereof  entered  upon  the  register; 
but  in  the  case  of  the  assessment  of  damages,  no  such  memorial  shall 
be  entered  by  the  registrar  until  such  damages  have  been  paid,  in  which 
event  the  register  shall  also  show  the  payment  of  such  damages;  pro- 
vided, however,  that  the  deposit  with  the  treasurer,  as  allowed  by  law, 
of  such  damages,  shall  be  deemed  a  paymeut  thereof,  and  in  such  case 
the  treasurer  shall  forthwith  file  with  the  registrar  a  certificate  of  such 
deposit,  and  thereupon  a  memorial  thereof  shall  be  entered  upon  the 
register.     Upon  the  filing  of  the  certified  copy  of  the  order  or  decree 


1441  TORRENS  LAND  SYSTEM.  Act  4115,  §§  102-1C6 

of  the  court  and  the  payment  of  damages,  the  registrar  shfill  note  on  the 
register  of  title  of  the  owners  whose  lands  have  been  appropriated,  a 
description  of  the  land  so  appropriated,  and  shall  register  in  the  name 
of  the  person,  corporation,  or  other  body  entitled  thereto,  the  title  of 
the  land  taken,  and  issue  a  certificate  therefor. 

INDICES. 
Property  indices  to  "be  kept. 

§  102.  The  registrar  shall  keep  property  indices,  the  pages  of  which 
shall  be  divided  into  columns,  showing  first,  the  section  or  subdivision; 
second,  the  range  or  block;  third,  the  township  or  lot;  fourth,  any  further 
description  necessary  to  identify  the  land;  fifth,  the  name  of  the  regis- 
tered owner;  sixth,  the  volume;  and  seventh,  the  page  of  the  register  in 
which  the  lands  are  registered. 

Name  indices  to  be  kept. 

§  103.  He  shall  also  keep  name  indices,  the  pages  of  which  shall  be 
divided  into  columns,  showing  in  alphabetical  order,  first,  the  names  of 
all  registered  owners  and  all  other  persons  interested  in  or  holding 
charges  upon  registered  land;  second,  the  nature  of  the  interest;  third, 
a  brief  description  of  the  land;  fourth,  the  volume;  and  fifth,  the  page 
of  the  register  in  which  the  lands  are  registered. 

MISCELLANEOUS  PEOVISIONS. 
Registered  lands  may  be  partitioned. 

§  104.  An  owner  of  an  undivided  interest  in  registered  lands  may 
bring  an  action  for  the  partition  thereof.  A  notice  of  such  action  shall, 
at  the  time  of  the  commencement  thereof,  be  filed  with  the  registrar  and 
a  memorial  entered  by  him  upon  the  register.  A  certified  copy  of  any 
judgment  or  decree  rendered  in  pursuance  of  such  action  shall  be  filed 
with  the  registrar,  who  shall  thereupon  issue  new  certificates  in  accord- 
ance therewith. 

Registration  of  adverse  lien  not  conclusive  of  regularity  of  proceedings 

or  instruments  by  which  created. 

§105.  Whenever,  under  the  provisions  of  this  act,  any  interest  in,  or 
lien,  encumbrance,  or  charge  upon  registered  land,  arises  adversely  to 
the  registered  owner  without  voluntary  action  by  him,  and  not  in  pur- 
suance of  a  judgment  or  decree  of  court,  such  registration  shall  not  be 
conclusive  of  the  regularity  of  any  proceediugs  or  instruments  by  means 
of  which  such  interest,  lien,  encumbrance,  or  charge  arose,  or  the  validity 
of  the  same,  and  shall  have  no  greater  force  and  effect  than  would  the 
recording,  in  case  the  land  were  not  registered,  of  an  instrument  creating 
a  similar  interest,  lien,  encumbrance,  or  charge. 

In  case  of  fraud,  rights  and  remedies  the  same  as  if  land  not  under  this 

act. 

§  106.  In  the  case  of  fraud,  any  person  defrauded  shall  have  all  rights 
and  remedies  that  he  would  have  had  if  the  lands  were  not  under  the 
Gen.  Laws — 91 


Act  4115,  §§  107-111  GENERAL  LAWS.  1442 

provisions  of  this  act;  provided,  that  nothing  contained  in  this  section 
shall  affect  the  title  of  a  registered  owner  who  has  taken  bona  fide  for 
a  valuable  consideration,  or  of  any  person  bona  fide  claiming  through 
or  under  him. 

Clerk  of  court  shall  notify  registrar  of  appeal. 

§  107.  In  case  of  an  appeal  from  any  proceeding  under  this  act,  or 
from  any  judgment,  order,  or  decree  affecting  registered  lands,  the  clerk 
of  the  court  in  which  the  notice  of  appeal  is  filed  shall  forthwith  notify 
the  registrar  thereof,  and  thereupon  .the  registrar  shall  enter  upon  the 
register  a  memorial  of  such  appeal. 

All  fees  collected  "by  registrar  to  be  paid  to  county  treasurer  and  applied 

to  expenses  of  administration  of  this  act. 

§  108.  All  fees  collected  by  the  registrar  under  the  provisions  of  this 
act  shall  be  accounted  for,  paid,  disbursed,  and  disposed  of  by  him  in 
the  same  manner  that  fees  collected  by  him  as  county  recorder  are  now 
or  may  hereafter  be  by  law  accounted  for,  paid,  disbursed  and  disposed 
of.  Should  there  be  a  surplus  in  any  year,  such  surplus  shall  be  carried 
into  the  general  fund,  and  be  subject  to  appropriation  for  any  purpose. 
In  case  such  fees  shall  not  amount  to  the  sum  required  for  the  adminis- 
tration of  this  act,  the  deficiency  shall  be  paid  from  any  funds  in  the 
treasury  not  otherwise  appropriated. 

Board  of  supervisors  shall  furnish  registrar  all  necessary  books,  etc. 

§  109.  All  books,  blanks,  papers,  and  all  things  necessary  for  the  pur- 
pose of  carrying  out  the  provisions  of  this  act,  shall  be  furnished  by  the 
board  of  supervisors,  at  the  expense  of  the  county. 

The  attorney  general,  state  controller,  and  secretary  of  state  to  prepare 

forms. 

§  110.  The  attorney  general,  state  controller,  and  secretary  of  state 
shall  prepare  a  uniform  system  of  books,  blanks,  and  forms  for  the  use 
of  the  public  officers  required  to  perform  duties  under  this  act,  and  such 
forms,  and  none  other,  shall  be  used  by  such  officers. 

PENALTIES. 
Fraudulent  procurement  of  certificate,  a  felony. 

§111.  Whoever  fraudulently  procures,  assists  in  fraudulently  procur- 
ing, or  is  privy  to  the  fraudulent  procurement  of  any  certificate  of  title 
or  other  instrument,  or  of  any  entry  in  the  register  or  other  book  kept 
in  the  registrar's  office,  or  of  any  erasure  or  alteration  in  any  entry  in 
any  said  book,  or  in  any  instrument  authorized  by  this  act,  or  know- 
ingly defrauds  or  is  privy  to  defrauding  any  person  by  means  of  a  false 
or  fraudulent  instrument,  certificate,  statement,  or  affidavit  affecting 
registered  land,  shall  be  guilty  of  a  felony,  and  fined  not  exceeding  five 
thousand  dollars,  or  be  imprisoned  not  exceeding  five  years  nor  less  than 
one  year,  or  either,  or  both,  in  the  discretion  of  the  court. 


1443  TORRENS  LAND  SYSTEM.  Act  4115,  §§  112-114 

Forgery  of  a  seal,  signature,  or  instrument  in  registrar's  offise,  a  felony. 
§  112.  Whoever  (1)  forges,  or  procures  to  be  forged,  or  assists  in 
forging  the  seal  of  the  registrar,  or  the  name,  signature,  or  handwriting 
of  any  officer  of  the  registry  of&ee  in  cases  where  such  officer  is  expressly 
or  impliedly  authorized  to  affix  his  signature;  or  (2)  fraudulently  stamps, 
or  procures  to  be  stamped,  or  assists  in  stamping  any  document  with 
any  forged  seal  of  said  registrar;  or  (3)  forges,  or  procures  to  be  forged, 
or  assists  in  forging  the  name,  signature,  or  handwriting  of  any  person 
whomsoever  to  any  instrument  which  is  expressly  or  impliedly  authorized 
to  be  signed  by  such  person;  or  (4)  uses  any  document  upon  which  any 
impression,  or  part  of  the  impression,  of  any  seal  of  said  registrar  has 
been  forged,  knowing  the  same  to  have  been  forged,  or  any  document,  the 
signature  to  which  has  been  forged,  knowing  the  same  to  have  lieen 
forged;  or  (5)  swears  falsely  concerning  any  matter  or  procedure  made 
and  done  in  pursuance  of  this  act,  shall  be  guilty  of  a  felony,  and  im- 
prisoned not  exceeding  ten  years,  nor  less  than  one  year,  or  fined  not 
exceeding  five  thousand  dollars,  or  both  fined  and  imprisoned,  in  the 
discretion  of  the  court. 

No  proceeding  or  conviction  under  this  act  shall  affect  any  remedy  at 

law  or  in  equity. 

§  113.  No  proceeding  or  conviction  for  any  act  hereby  declared  to  be 
a  misdemeanor  or  a  felony  shall  affect  any  remedy  which  any  person 
aggrieved  or  injured  by  such  act  may  be  entitled  to  at  law  or  in  equity 
against  the  person  who  has  committed  such  act,  or  against  his  estate,  or 
against  the  registrar,  or  upon  his  bond. 

FEES. 
Fees  same  as  in  similar  cases  under  present  laws,  except  as  provided 

herein, 

§  114.  First — The  fees,  in  respect  of  applications  and  proceedings 
under  them  prior  to  registration,  shall  be  the  same  as  in  actions  in  the 
superior  court. 

Second — There  shall  be  paid  to  the  registrar: 
For  issuing  a   certificate   of  title,  including  one   duplicate  thereof,  one 

dollar  and  fifty  cents. 
For  each  additional  duplicate,  fifty  cents. 
For  registering  each  transfer,  including  the  issue  and  registration  of  the 

new  certificate,  one  dollar  and  fifty  cents. 
For  entry  of  each  memorial  on  the   register,  including  the  indorsement 

upon  the  duplicate  certificates,  one  dollar. 
For  the  cancellation  of  each  certificate,  memorial,  or  charge,  twenty-five 

cents. 
For  each  certificate   showing  condition  of  register,  one   dollar  and  fifty 

cents. 
For  filing  any  instrument,  or  for  a  certified  copy  of  the  register,  or  of 

any  instrument  or  writing  on  file  in  his  office,  the  same  fees  allowed  by 

law  to  recorders  for  like  services. 


Acts  4120-4125  GENERAL  LAWS.  x444 

CONSTEUCTION. 

Act  to  be  liberally  construed.     Construction  of  similar  legislation  else- 
where, not  adopted. 

§  115.  This  act  shall  be  construed  liberally  so  far  as  may  "he  necessary 
for  the  purpose  of  effecting  its  general  intent,  but  does  not  adopt  by 
implication  the  coustruction  of  any  similar  legislation  of  other  juris- 
dictions which  this  act  may  to  any  extent  have  followed. 

Act  to  take  effect  July  1,  1897. 

§  116.  This  act  shall  take  effect  and  be  in  force  from  and  after  the 
first  day  of  July,  eighteen  hundred  and  ninety-seven. 

TITLE  524. 

TEADEMAEKS. 
ACT  4120. 

Concerning  trademarks  and  trade  names.     [Stats.  1863,  p.  155.] 
Amended   1867-68,   p.   423.     Superseded  by   Penal   Code,    §  350,    and   Political 
Code,    §§  3196-3199. 

ACT  4121. 

To  protect  owners  of  bottles,  boxes,  siphons  and  kegs  used  in  the  sale 

of   soda   waters,   mineral   waters,   porter,   ale,   cider,  milk,   beer,   and 

other  beverages,  etc.     [Stats.  1891,  p.  217.] 

Amended  1903,  p.  83. 

This  act  appears  in  full  in  Appendix,  Civil  Code,  p.  1933. 

TITLE  525. 

TEADING  STAMPS. 

ACT  4123. 

An  act  making  it  a  misdemeanor  to  sell  or  exchange  property  under  the 
representation,  advertisement,  notice  or  inducement  that  an  un- 
identified, unknown,  unselected,  or  chance  prize,  premium  or  premium 
gift,  or  that  a  stamp,  trading  stamp,  coupon  or  other  like  device 
entitling  the  holder  to  receive  such  a  prize,  premium  or  premium  gift, 
or  that  the  redemption  of  such  a  stamp,  trading  stamp,  coupon  or 
other  like  device  so  given  is  to  be  a  part  of  the  transaction,  or  to 
sell  or  exchange  any  trading  stamp,  stamp,  coupon,  or  other  like  de- 
vice to  aid  such  sale  or  exchange,  as  aforesaid,  and  providing  a  pen- 
alty therefor.  [Approved  March  7,  1905.  Stats.  1905,  p.  67.] 
Unconstitutional:   Ex  parte  Drexel,   147   Cal.  763. 

TITLE  526. 
TEAINING  SHIP. 
ACT  4125. 

To  establish  and  maintain  a  training  ship  in  the  city  and  county  of  San 
Francisco.     [Approved  February  15,  1876.     Stats.  1875-76,  p.  54.] 
■    Amended  1877-78,  p.  233. 
Training  ship:   See  Act  3327. 


1445  TBAMROAD  COMPANIES— TREASURERS.         Acts  4130-4134 

TITLE  527. 

TRAMROAD  COMPANIES. 
ACT  4130. 

Shasta  County,  providing  for  incorporation   of   tramroad   companies  in. 
[Stats.  1871-72,  p.  800.] 

TITLE  528. 

TREASURERS. 
ACT  4133. 

An  act  to  authorize  the  deposit  of  state  moneys  in  banks  in  this  state, 
and  to  repeal   all   acts  or  parts  of   acts  in   conflict   with   this   act. 
[Approved  March  20,  1905.     Stats.  1905,  p.  323.] 
Repealed  1907,  p.  67.      See  Act  4134. 

ACT  4134. 

An  act  to  authorize  the  deposit  of  state  moneys  in  banks  in  this  state, 

and  to  repeal  all  acts  or  parts  of  acts  in  conflict  with  this  act. 

[Approved  February  28,  1907.     Stats.  1907,  p.  67.] 

Deposit  of  state  moneys  in  banks.     Security.    Interest.    Amount.     Ex- 
pense of  transporting  moneys. 

§1.  All  moneys  in  the  state  treasury  belonging  to  the  state  not  im- 
mediately required  to  meet  current  expenditures  may  be  deposited  by 
the  state  treasurer  to  the  credit  of  the  state  in  such  state  or  national 
bank,  or  banks,  in  the  state,  as  the  treasurer,  with  the  approval  of  the 
governor  and  state  controller,  shall  select  for  the  safekeeping  of  such 
deposits,  and  any  sum  so  deposited  shall  be  deemed  to  be  in  the  state 
treasury;  provided,  that  the  bank  or  banks  in  which  such  money  is 
deposited  shall  furnish  security  as  hereinafter  provided,  and  provided 
further,  that  such  depositary  bank  or  banks  be  selected  from  those  agree- 
ing to  pay  the  highest  rate  of  interest,  not  less  than  two  per  cent  per 
annum,  for  such  deposits,  as  may  be  determined  by  bids  to  be  submitted 
at  such  times  and  in  such  manner,  as  the  treasurer,  with  the  approval 
of  the  governor  and  state  controller,  shall  direct;  provided,  that  not  more 
than  one-tenth  of  the  aggregate  amount  of  state  mone^ys  available  for 
deposit  and  on  deposit  shall  be  deposited  in  any  one  bank,  and  provided 
further,  that  such  deposit  shall  not  exceed  twenty-five  per  cent  of  the 
paid-up  capital,  exclusive  of  reserve  and  surplus,  of  any  depositary  bank. 
Any  and  all  bids  may  be  rejected  by  the  treasurer,  with  the  ap- 
proval of  the  governor  and  state  controller,  and  new  bids  asked  for.  The 
expense  of  transportation  of  moneys  to  and  from  the  state  treasury  to 
such  depositaries  shall  be  borne  by  such  depositaries.  Said  deposits, 
with  interest  thereon,  shall  be  subject  to  withdrawal  at  any  time  upon 
the  demand  of  the  state  treasurer,  or  upon  presentation  of  a  certificate 
of   deposit   properly  indorsed. 

Interest,  when  payable.     School  moneys. 

§2.  The  interest  to  be  paid  by  any  such  depositary  bank  shall  be 
on  the  average  daily  balances  of  the  state  moneys  kept  on  deposit  there- 


Act  4134,  §§  3-5  GENERAL  LAWS.  1446 

with,  and  shall  be  paid  and  credited  to  the  state  monthly  on  the  first 
day  of  each  and  every  month,  and  such  interest  shall  accrue  to  the  gen- 
eral fund  of  the  state  treasury;  provided  that  if  any  moneys  belonging 
to  the  state  school  fund  or  the  state  school  land  fund  shall  at  any  time 
be  deposited  under  the  provisions  of  this  act,  the  interest  received 
thereon  shall  be  paid  into  the  state  school  fund. 

'Security  of  funds  deposited. 

§  3.  For  the  security  of  the  funds  deposited  by  the  state  treasurer 
under  the  provisions  of  this  act,  there  shall  be  deposited  with  the  treas- 
urer bonds  of  the  United  States,  or  of  this  state,  or  of  any  county, 
municipality  or  school  district  of  this  state,  which  bonds  shall  be 
approved  by  the  governor,  controller  and  treasurer,  to  an  amount  in 
value  at  least  ten  per  cent  in  excess  of  the  amount  of  the  deposit  with 
such  bank  or  banks;  and  if  in  any  case,  or  at  any  time,  such  bonds  are 
not  deemed  satisfactory  security  to  the  governor,  controller  and  treas- 
urer, they  may  require  such  additional  security  as  may  be  satisfactory 
to  them.  Said  bonds  or  any  part  thereof  may  be  withdrawn  on  the 
written  consent  of  the  governor,  controller  and  treasurer;  provided, 
that  a  sufficient  amount  of  said  bonds  to  secure  said  deposits  shall  always 
be  kept  in  the  treasury;  and  in  the  event  that  said  bank  or  banks  of 
deposit  shall  fail  to  pay  such  deposits  or  any  part  thereof  on  the  demand 
of  the  state  treasurer,  or  upon  any  presentation  of  a  certificate  of  deposit 
properly  indorsed,  then  it  shall  be  the  duty  of  the  state  treasurer  to 
forthwith  convert  said  bonds  into  money  and  to  disburse  the  same  ac- 
cording to  law;  provided,  however,  that  he  shall  sell  no  bonds  for  less 
than  their  face  value  except  at  public  sale  after  ten  days'  printed  notice 
in  some  newspaper  of  general  circulation  published  in  the  county  where 
the  sale  is  to  take  place. 

Provisions  of  contract.     Treasurer's  annual  statement  to  banks. 

§  4.  The  treasurer  shall  take  from  such  depositary  or  depositaries  a 
written  contract,  in  duplicate  setting  forth  the  conditions  and  terms  upon 
which  the  funds  of  the  state  are  deposited  therewith,  one  of  which  shall 
be  filed  with  the  controller.  One  provision  of  said  contract  shall  be  that 
each  depositary  shall  at  the  end  of  each  month  render  to  the  treasurer 
a  statement  in  duplicate  showing  the  daily  balances  or  amount  of  money 
of  the  state  held  by  it  during  the  month  and  the  amount  of  the  accrued 
interest  thereon  separately,  one  of  which  shall  be  filed  by  the  treasurer 
with  the  controller.  The  treasurer  shall  annually  on  the  first  day  of 
July  furnish  each  depositary  bank  with  a  statement  showing  the  amount 
and  description  of  the  bonds  on  deposit  with  him  by  such  bank  to  secure 
state  deposits. 

Indemnity  bonds. 

§  5.  The  treasurer,  with  the  approval  of  the  governor  and  controller, 
shall,  if  in  his  .-judgment  it  shall  appear  necessary  for  the  security  of 
the  state,  require  said  banks  of  deposit  to  give  an  indemnity  bond,  the 
sureties   on  which   shall  not  be  interested  as  stockholders  in  said  bank 


1447  TREASURERS.  Acts  4135-4137 

or  banks,  to  be  approved  by  the  governor,  controller  and  treasurer,  to 
secure  the  state  against  loss  by  any  depreciation  in  value  that  may  occur 
in  such  bonds  held  by  him  as  securitj'  for  the  safekeeping  and  prompt 
payment  of  the  state  moneys  in  such  depositaries. 

Treasurer  not  responsible  for  deposits. 

§6.  The  state  treasurer  shall  not  be  responsible  for  any  moneys  de- 
posited in  a  bank  or  in  banks  under  the  provisions  of  this  act  while  the 
same  remain  there  deposited  -with  the  consent  of  the  governor  and  con- 
troller; but  the  treasurer  shall  be  chargeable  with  the  safekeeping,  man- 
agement and  disbursement  of  the  bonds  and  certificates  of  deposit  de- 
posited with  him  as  security  for  deposits  of  state  moneys,  and  with  the 
interest  thereon,  and  the  proceeds  of  any  sale  under  the  provisions  of 
this  act. 

Certificates  of  deposit.    Warrants  paid  by  certificates. 

§7.  At  the  time  of  depositing  state  moneys  in  any  bank  designated 
as  a  depositary  the  treasurer  shall  take  a  certificate  or  certificates  of 
deposits  made  payable  to  the  treasurer  of  state  in  such  sum  or  sums  as 
he  shall  deem  advisable.  Such  certificate  or  certificates  of  deposit  in  the 
possession  of  the  treasurer  shall  be  deemed  and  counted  as  cash  by  the 
state  board  of  examiners.  Controller's  warrants  drawn  upon  the  state 
treasury  may  be  paid  by  such  certificates  of  deposit  when  properly 
indorsed  by  the  treasurer  the  same  as  in  cash. 

Act  of  1905  repealed. 

§8.  The  act  of  March  20,  1905,  entitled  "An  act  to  authorize  the 
deposit  of  state  moneys  in  banks  in  this  state,  and  to  repeal  all  acts  or 
parts  of  acts  in  conflict  with  this  act,"  and  all  other  acts  or  parts  of 
acts  in  conflict  with  this  act  are  hereby  expressly  repealed. 

ACT  4135. 

Eelating  to  treasurers,  their  deputies  and  clerks,  in  counties  and  cities 
and  counties  having  a  population  of  two  hundred  thousand  in- 
habitants or  over.     [Stats.   1893,  p.  282.] 

Superseded  as  to  San  Francisco  by  the  charter  of  that  city.     This  act  appears  in 
full  in  Political  Code,  Appendix,  tit.   "Treasurers,"  p.   1480. 

ACT  4136. 

Authorizing  the  state   treasurer  to  pay   controller's  warrants   drawn   for 

the  salaries  of  public  officers  who  are  entitled  to  monthly  payments 

from  the  state.     [Stats.  1873-74,  p.  593.] 

Codified  by  §  461  of  Political  Code. 

ACT  4137. 

For  the  better  protection  of  the  state  treasury.  [Stats.  1867-68,  p.  554.] 
This    act    authorized    the   state    treasurer   to    employ    two    watchmen.      The    code 

commissioners   say    of    it:    "Doubtless    superseded    by    §  457,    Political    Code,    but 

nevertheless  amended  by  statute  of  1895,  p.  55,  c.  LIV." 


Acts  4138-4153  GENERAL  LAWS.  1448 

ACT  4138. 

To    provide    an    additional    watchman    for    the    state    treasurer.     [Stats. 
1895,  p.  55.] 
"Purports  to  amend  statute  of  1868,  p.   554,   c.   CDXXXI,  which   statute  waa, 
however,  superseded  by  Political  Code,  §  457." — Code  Commissioners'  Note. 

ACT  4139, 

Increasing  number  of  deputies  for  limited  period.     [Approved  March  IG, 
1889.     Stats.  1889,  p.  303.] 
Eepealed  March  26,  1895,  Stats.  1895,  p.  88, 

TITLE  529. 

TEESPASS. 
ACT  4144. 
Preventing  persons  passing  through   inclosures  and  leaving  them  open, 

and    tearing    down    fences    to    make    passages    through    inclosures. 

[Stats.  1871-72,  p.  384.] 

See  §  7,  1875-76,  p.  408;   1877-78,  pp.  49,  776. 

Superseded  by  Penal  Code,  §  602,  subd.  8. 

Citations.     Cal.  108/347. 

TRESPASSING  ANIMALS. 
See  "Estrays." 

TITLE  530. 
TRINITY  COUNTY. 
ACT  4149. 

Additional  contingent  fund  for,     [Stats.  1877-78,  p.  184.] 
Repealed  by  subd.  18,   §  25,  County  Government  Act,   1897,  p.  463. 

ACT  4150. 

Providing  for  construction  and  maintenance  of  free  bridges  in.     [Stats. 

1873-74,  p.  62.] 
ACT  4151. 

County  clerk  of,  salary  of.     [Stats.  1873-74,  p.  184.] 
Repealed  by   County  Government  Acts:    See  1897,  p.   568,    §210. 

ACT  4152. 

Authorizing  transcribing  of   records  in.     [Stats.    1862,   p.    164.] 
Amended  1863,  p.  22. 

ACT  4153. 

Public  schools  of,  employment  of  teachers  in.     [Stats.  187.'?-74,  p.  472.] 
Amended   1875-76,   p.   122.     Probably  repealed  by   Political  Code,    §  1696,   as 
amended  1893,  p.  255. 


1449  TRUSTS.  Acts  4154-4162 

ACT  4154. 

Supervisors    to    fix   and   pay    compensation    of   undcr-slieriff    of.     [Stats. 
1873-74,  p.  593.] 
Superseded  by  County  Government  Acts:    See  1897,  p.  568,  §  210. 

ACT  4155. 

Fixing  salary  of  members  of  board  of  supervisors.     [Stats.  1871-72,  p. 
380.] 
Repealed  by  County  GoTernment  Act,  1897,  p.  568,  §  210. 

ACT  4156. 

Supervisors  to  fix  rate  of  tolls  to  be  charged  on  wagon  roads.     [Stats. 
1873-74,  p.  607.] 
See  County  Government  Act,  1897,  p.  452,  §  25,  subd.  36. 

TITLE  531. 
TEUSTS. 
ACT  4161. 

To   provide   for  the   more   certain   execution   of   express   trusts   in    case 
of  the  death  of  the  last  surviving  trustee.     [Stats.  1807-08,  p.  170.] 
Superseded  by  Civil  Code,   §§  2287-2289. 

ACT  4162. 

An  act  to  encourage  and  provide  for  the  dissemination  of  a  knowledge 
of  the  arts,  sciences,  and  general  literature,  and  the  founding,  main- 
taining, and  perpetuating  public  libraries,  museums,  and  galleries  of 
art,  and  the  receipt  of  donations  and  contributions  thereto  when 
established;  for  the  conveyance,  holding,  and  protection  of  real 
property  within  this  state  suitable  for  the  purposes  herein  designated, 
and  the  erection  thereon  of  buildings  appropriate  to  such  purposes, 
and  for  the  creation  of  trusts  necessary  or  proper  for  the  better 
preservation  of  such  institutions,  and  the  control  and  management 
thereof. 

[Approved  March  5,  1887,     Stats.   1887,  p.  26.] 
See  post,  Acts  4163,  4164,  4165. 

Manner  of  conveying  gifts  for  dissemination  of  knowledge  of  arts,  etc. 
§  1.  Any  person  intending  in  his  lifetime  or  by  will  or  trust  deed, 
to  operate  after  his  death,  to  found,  maintain,  and  perpetuate  in  this 
state  a  public  library,  museum,  gallery  of  art,  or  any  or  all  thereof,  for 
the  diffusion  of  mechanical,  scientific,  artistic,  and  general  knowledge, 
may  to  that  end  and  for  such  purpose,  and  for  any  purpose  within  the 
purview  of  the  title  of  this  act,  convey  in  writing  by  words  denoting 
a  gift  or  grant  to  one  or  more  trustees  named  in  such  gift  or  grant,  and 
to  their  successors,  any  library  or  collection  of  books  and  works,  for  such 
public  library,  or  any  museum,  or  gallery  of  art  in  this  state,  and  such 


Act  4162,  §§  2-4  GENERAL  LAWS.  1450 

gift  or  grant  may  also  express  and  shall  be  construed  to  be  a  conveyance 
of  the  future  additions  and  accretions  thereof;  and  he  may  also  in  like 
manner,  to  that  end,  and  for  such  purpose,  convey  by  grant  to  such 
trustee  or  trustees  any  real  property  within  this  state  belonging  to  him, 
which  may  be  necessary  or  proper  for  the  erection  and  maintenance  of 
buildings  suitable  to  such  institution,  and  the  buildings  erected  thereon, 
with  grounds,  conveniently  adjacent  thereto,  and  other  lands,  tenements, 
and  hereditaments  for  the  purpose  of  producing  an  income  for  the  sup- 
port and  maintenance  of  such  institutions,  or  any  of  them,  and  any  col- 
lateral burdens  which  may  be  imposed  by  the  terms  of  such  foundation  as 
part  and  parcel  of  the  regulations  for  its  conduct,  and  also  personal 
property  of  all  descriptions,  which  may  subserve  the  purposes  of  the 
institution  and  maintenance  of  any  such  library,  museum,  or  gallery  of 
art. 

Gifts  by  other  than  founder. 

§2.  Any  contributions  or  gifts  by  any  other  person  than  the  founder, 
of  any  property  suitable  to  the  general  plan  or  support  of  any  institution 
mentioned  in  the  title  of  this  act,  shall  immediately  vest  in  the  trustees, 
and  become  incorporated  into  and  subject  to  the  trust,  and  to  all  its  terms 
and  conditions,  and  be  managed  under  the  rules  and  regulations  pre- 
Bcribed  therefor. 

§  3.  The  person  making  such  gift,  grant,  or  conveyance,  as  founder, 
may  therein  designate, — 

1.  The  name  by  which  the  institution  so  founded  and  maintained  shall 
be  known. 

2.  Its  nature,  object,  and  purposes. 

3.  The  powers  and  duties  of  the  trustees,  which  shall  not  be  exclusive 
of  other  powers  and  duties  that,  in  their  judgment,  may  be  necessary 
more  effectually  to  carry  out  the  purposes  of  such  institution. 

4.  The  mode  and  manner  and  by  whom  the  successors  to  the  trustees 
named  in  the  gift  or  grant  shall  be  appointed. 

5.  Such  rules  and  regulations  for  the  management  of  such  institution, 
and  the  furtherance  of  its  purposes,  as  the  grantor  may  elect  to  prescribe; 
but  such  rules  and  regulations  shall,  unless  the  grant  shall  otherwise 
prescribe,  be  deemed  advisory  only,  and  shall  not  preclude  such  trustees 
or  their  successors  from  making  such  changes  as  new  conditions  may, 
from  time  to  time,  require. 

6.  The  place  or  places  where  the  necessary  buildings  shall  be  erected, 
and  the  general  character  thereof.  The  person  making  such  grant  may 
therein  provide  for  all  other  things  necessary  or  proper  to  carry  out  the 
purposes  thereof,  or  otherwise,  by  his  last  will  or  testament. 

§4.  The  trustees  named  in  such  gift  or  grant,  and  their  successors, 
may,  in  the  name  of  such  institution  designated  in  the  gift  or  grant,  sue 
and  defend  in  relation  to  the  trust  property,  and  to  all  matters  affecting 
the  institution  so  founded  and  established. 


J 


1451  TRUSTS.  Act  4162,  §§  5-9 

Privileges  granted  to  founder, 

§  5.  By  a  provision  in  such  gift  or  grant,  the  founcler  may  elect,  in 
respect  to  the  personal  and  real  property  conveyed,  and  the  additions 
and  increase  thereof,  and  in  respect  to  the  erection,  maintenance,  and 
management  of  any  buildings  auxiliary  thereto,  and  in  respect  to  any 
property  connected  with  such  institution,  to  reserve  to  himself  a  veto 
and  right  of  annulment  or  modification  of  any  act  of  such  trustees,  in 
case  he  shall,  within  thirty  days  after  notice  of  the  performance  of  such 
act,  file  in  the  office  of  said  trustees,  or  deliver  to  their  president  or 
principal  oflicer,  a  notice  in  writing,  of  such  veto,  annulment,  or  modifi- 
cation, and  upon  a  like  notice,  in  conformity  with  a  provision  in  such 
gift  or  grant,  he  may  elect  to  perform  during  his  life  all  the  powers 
which,  by  the  terms  thereof,  are  vested  in  or  enjoined  upon  the  trustees 
therein  named,  and  their  successors;  provided,  that  upon  the  death  or 
disability  to  act  of  the  founder  and  grantor,  such  powers  and  duties 
shall  be  devolved  upon,  and  be  exercised  by,  the  trustees  named  in  the 
gift  or  grant,  and  their  successors.  Such  person  may  also  reserve  the 
right  to  alter,  amend,  or  modify,  at  any  time  during  his  life,  or  by  his 
last  will  and  testament,  the  terms  and  conditions  thereof,  and  the  trust 
therein  created  in  respect  to  such  institution,  its  buildings,  and  the  prop- 
erty conveyed  therefor. 

Election  of  officers  and  compensation. 

§  6.  The  founder  shall  have  power  in  said  deed  of  trust  to  name  and 
describe  the  character  and  personality  of  any  one  or  more  of  the  im- 
mediate or  future  trustees,  the  librarian,  and  other  officers,  and  to  name 
and  impose  any  particular  duty  to  be  performed  by  any  one  or  more 
trustees  or  other  officers  so  described  and  characterized,  and  to  declare 
and  limit  any  compensation,  and  fix  the  character  and  method  of  such 
compensation  he  may  choose  to  provide  for  any  such  trustee  or  other 
officer  whom  the  terms  of  his  foundation  may  characterize,  and  upon 
whom  specific  or  general  duties  shall  be  imposed. 

Gift,  how  recorded. 

§7.  Any  such  gift  or  grant  may  be  executed,  acknowledged,  and 
recorded  in  the  manner  now  or  hereafter  provided  by  law  for  the  execu- 
tion, acknowledgment,  and  recording  of  grants  of  real  property. 

Time  of  commencing  suit. 

§  8.  No  suit,  action,  or  proceeding  shall  be  commenced  or  maintained 
by  any  person  to  set  aside,  annul,  or  affect  said  gift,  grant  or  conveyance, 
or  to  affect  the  title  to  the  property  conveyed,  or  the  right  to  the  pos- 
session or  to  the  rents,  issues,  and  profits  thereof,  unless  the  same  be 
commenced  within  two  years  after  the  date  of  the  filing  of  such  grant 
for  record. 

Founder  may  bequeath  to  state  of  California. 

§9.  Any  person,  being  the  founder,  making  a  gift  or  grant  for  any  of 
the  purposes  mentioned  in  this  act,  may,  at  any  time  thereafter,  by  last 


Act  4163  GENERAL  LAWS.  1452 

will  or  testament,  devise  or  bequeath  to  the  state  of  California  all  or 
any  of  the  property,  real,  and  personal,  mentioned  in  such  gift  or  grant, 
or  in  any  such  supplemental  thereto,  and  such  devise  or  bequest  shall 
take  effect  in  case,  from  any  cause  whatever,  the  gift  or  grant  shall  be 
annulled  or  set  aside,  or  the  trusts  therein  declared  shall  for  any  reason 
fail.  Such  devise  or  bequest  is  hereby  suffered  to  be  made  by  way  of 
assurance  that  the  intentions  of  the  grantor  shall  be  carried  out,  and  in 
the  faith  that  the  state,  in  case  it  shall  succeed  to  the  property,  or  any 
part  thereof,  will,  to  the  extent  and  value  of  such  property  carry  out, 
in  respect  to  the  objects  and  purposes  of  any  such  grant,  all  the  wishes 
and  intentions  of  the  grantor. 

Liberal  construction  of  provisions. 

§  10.  The  provisions  of  this  act  shall  be  liberally  construed,  with  a 
view  to  effect  its  objects  and  purposes,  and  the  singular  number  in  the 
construction  thereof  shall  be  deemed  to  include  the  plural,  and  the  plural 
number  shall  be  deemed  to  include  the  singular. 

Universities,  colleges,  schools,  etc. 

§  11.  Nothing  in  this  act  shall  repeal,  modify,  change,  or  have  any 
effect  upon  any  of  the  provisions  of  an  act  of  the  legislature  of  the  state 
of  California  entitled  "An  act  to  advance  learning,  the  arts  and  sciences, 
and  to'  promote  the  public  welfare  by  providing  for  the  conveyance, 
holding,  and  protection  of  property,  and  the  creation  of  trusts  for  the 
founding,  endowment,  erection,  and  maintenance,  within  this  state,  of 
universities,  colleges,  schools,  seminaries  of  learning,  mechanical  insti- 
tutes, museums,  and  galleries  of  art,"  approved  March  ninth,  eighteen 
hundred  and  eighty-five. 

§  12.     This  act  shall  take  effect  immediately. 

ACT  4163. 

An  act  to  advance  learning,  the  arts  and  sciences,  and  to  promote  the 
public  welfare,  by  providing  for  the  conveyance,  holding,  ana  pro- 
tection of  property,  and  the  creation  of  trusts  for  the  founding, 
endowment,  erection,  and  maintenance  within  this  state  of  universi- 
ties, colleges,  schools,  seminaries  of  learning,  mechanical  institutes, 
museums,  and  galleries  of  art. 

[Approved  March  9,  1885.     Stats.  1885,  p.  49.] 
Amended  1891,  p.  454.      Supplemented  1903,  p.  140.     See  next  act. 
Citations.     Cal.  113/134,  139. 

Construction  of  act. 

§  1.  The  provisions  of  this  act  shall  be  liberally  construed  with  a 
view  to  effect  its  objects  and  promote  its  purposes;  and  in  the  construc- 
tion thereof  the  singular  number  shall  be  deemed  to  include  the  plural, 
and  the  plural  shall  be  deemed  to  include  the  singular  number,  and  the 
masculine  gender  shall  be  deemed  to  include  the  feminine. 


1453  TRUSTS.  Act  4163,  §§  2,  8 

Grant. 

§2.  Any  person  desiring  in  his  lifetime  to  promote  the  public  wel- 
fare by  foiuiding,  endowing,  and  maintain[ing]  within  this  state  a 
university,  college,  school,  seminary  of  learning,  mechanical  institute, 
museum,  botanic  garden,  public  park,  or  gallery  of  art,  or  any  or  all 
thereof,  may,  to  the  end  and  for  such  purpose,  by  grant  in  writing 
convey  to  a  trustee,  or  any  number  of  trustees,  named  in  such  grant 
(and  to  their  successors),  any  property,  real  or  personal,  belonging  to 
such  person  and  situated  or  being  within  this  state;  provided,  that  if 
such  person  be  married  and  the  property  be  community  property,  then 
both  husband  and  wife  must  join  in  such  grant.  [Amendment  approved 
March  31,  1S91.     Stats.  1891,  p.  454.] 

Requisites. 

§3.     The   person   making  such   grant  may  therein   designate: 

1.  The  nature,  object,  and  purposes  of  the  institution  or  institutions 
to  be  founded,  endowed,  and  maintained; 

2.  The  name  by  which  it  or  they  shall  be  known; 

3.  The  powers  and  duties  of  the  trustees,  and  the  manner  in  which 
they  shall  account,  and  to  whom,  if  accounting  be  required;  but  such 
powers  and  duties  shall  not  be  held  to  be  exclusive  of  other  powers  and 
duties  which  may  be  necessary  to  enable  such  trustees  to  fully  carry 
out-the  objects  of  such  grant; 

4.  The  mode  and  manner,  and  by  whom,  the  successors  to  the  trustee 
or  trustees  named  in  the  grant  are  to  be  appointed; 

5.  Such  rules  and  regulations  for  the  management  of  the  property 
conveyed  as  the  grantor  may  elect  to  prescribe;  but  such  rules  shall, 
unless  the  grantor  otherwise  prescribe,  be  deemed  advisory  only,  and 
shall  not  preclude  such  trustees  from  making  such  changes  as  new  con- 
ditions may  from  time  to  time  require; 

6.  The  place  or  places  where  and  the  time  when  the  buildings  neces- 
sary and  proper  for  the  institution  or  institutions  shall  be  erected,  and 
the  character  and  -extent  thereof.  The  person  making  such  grant  may 
therein  provide  for  all  other  things  necessary  and  proper  to  carry  out 
the  purposes  thereof,  and  especially  may  such  person  provide  for  the 
trades  and  professions  which  shall  be  taught  in  such  institutions,  and 
the  terms  upon  which  deserving  scholars  of  the  public  and  private  schools 
of  the  various  counties  of  this  state  may  be  admitted  to  all  the  privileges 
of  such  institutions,  as  a  reward  for  meritorious  conduct  and  good 
scholarship;  and  also  for  maintaining  free  scholarships  for  children  of 
persons  who  have  rendered  service  to  or  who  have  died  in  the  service 
of  this  state;  and  also  for  maintaining  free  scholarships  for  children 
of  mechanics,  tradesmen,  and  laborers,  who  have  died  without  leaving 
means  sufHcient  to  give  such  children  a  practical  education,  fitting  them 
for  the  useful  trades  or  arts;  and  also  the  terms  and  conditions  upon 
which  students  in  the  public  and  private  schools,  and  other  deserving 
persons,  may,  without  cost  to  themselves,  attend  the  lectures  of  any 
university  established;   and  also  the  terms  and  conditions  upon  which 


Act  4163,  §§  4-7  GENERAL  LAWS.  1454 

the  museums,  and  art  galleries,  and  conservatories  of  music,  connected 
with  any  such  institution,  shall  be  open  to  all  deserving  persons  with- 
out charge,  and  without  their  becoming  students  of  the  institution. 

Actions  by  trustees. 

§4._  The  trustee  or  trustees  named  in  such  grant,  and  their  successors, 
may,  in  the  name  of  the  institution  or  institutions,  as  designated  in  such 
grant,  sue  and  defend,  in  relation  to  the  trust  property,  and  in  relation 
to  all  matters  affecting  the  institution  or  institutions  endowed  and  estab- 
lished by  such  grant. 

Grantor  as  trustee. 

§  5.  The  person  making  such  grant,  by  a  provision  therein,  may  elect, 
in  relation  to  the  property  conveyed,  and  in  relation  to  the  erection, 
maintenance,  and  management  of  such  institution  or  institutions,  to  per- 
form, during  his  life,  all  the  duties  and  exercise  all  the  powers  which, 
by  the  terms  of  the  grant,  are  enjoined  upon  and  vested  in  the  trustee 
or  trustees  named.  If  the  person  making  such  grant,  and  making  the 
election  aforesaid,  be  a  married  person,  such  person  may  further  pro- 
vide that  if  the  wife  of  such  person  survive  him,  then  such  wife,  during 
her  life,  may,  in  relation  to  the  property  conveyed,  and  in  relation  to 
the  erection,  maintenance,  and  management  of  such  institution  or  insti- 
tutions, perform  all  the  duties  and  exercise  all  the  powers  which,  by 
tLe  terms  of  the  grant,  are  enjoined  upon  and  vested  in  the  trustee  and 
trustees  therein  named,  and  in  all  such  cases  the  powers  and  duties 
conferred  and  imposed  by  such  grant  upon  the  trustee  or  trustees  therein 
named  shall  be  exercised  and  performed  by  the  person  making  such  grant, 
or  by  his  wife,  during  his  or  her  life,  as  the  case  may  be;  provided,  how- 
ever, that  upon  the  death  of  such  person,  or  his  surviving  wife,  as  the 
case  may  be,  such  powers  and  duties  shall  devolve  upon  and  shall  be 
exercised  by  the  trustees  named  in  the  grant,  and  their  successors. 

Amending  grant. 

§  6.  The  person  making  such  grant  may  therein  reserve  the  right  to 
alter,  amend,  or  modify  the  terms  and  conditions  thereof,  and  the  trusts 
therein  created,  in  respect  to  any  of  the  matters  mentioned  or  referred 
to  in  subdivisions  1  to  6,  inclusive,  of  section  3  hereof;  and  may  also 
therein  reserve  the  right,  during  the  life  of  such  person  or  persons,  of 
absolute  dominion  over  the  personal  property  conveyed,  and  also  over  the 
rents,  issues,  and  profits  of  the  real  property  conveyed,  without  liability 
to  account  therefor  in  any  manner  whatever,  and  without  any  liability 
over  against  the  estate  of  such  person;  and  if  any  such  person  be  mar- 
ried, such  person  may,  in  said  grant,  further  provide  that  if  his  wife 
survive  him,  then  such  wife,  during  her  life,  may  have  the  same  absolute 
dominion  over  such  personal  property,  and  such  rents,  issues,  and  profits, 
without  liability  to  account  therefor  in  any  manner  whatever,  and 
without  liability  over  against  the  estate  of  either  of  the  spouses. 

Custody  of  minors. 

§7.  The  person  making  such  grant  may  therein  provide  that  the 
trustees  named  in  the  grant,  and  their  successors,  may,  in  the  name  of . 


1455  TRUSTS.  Act  4163,  §§  8-H 

the  institution  or  institutions,  become  tLe  custodian  of  the  person  of 
minors,  and  when  any  such  provision  is  made  in  a  grant,  the  trustees 
and  their  successors  may  take  such  custody  and  control  in  the  manner 
and  for  the  time  and  in  accordance  with  the  provisions  of  sections  2G4 
to  276,  inclusive,  of  the  Civil  Code  of  the  state  of  California. 

Execution  of  grant. 

§  8.  Any  such  grant  may  be  executed,  acknowledged,  and  recorded  in 
the  same  manner  as  is  now  provided  by  law  for  the  execution,  acknowl- 
edgment, and  recording  of  grants  of  real  property. 

Annulling  suit. 

§  9.  No  suit,  action,  or  proceeding  shall  be  commenced  or  maintained 
by  any  person  to  set  aside,  annul,  or  affect  said  conveyance,  or  to  affect 
the  title  to  the  property  conveyed,  or  the  right  to  the  possession,  or  to 
the  rents,  issues,  and  profits  thereof,  unless  the  same  be  commenced 
within  two  years  after  the  date  of  filing  such  grant  for  record;  nor  shall 
any  defense  be  made  to  any  suit,  action,  or  proceedings  commenced  by 
the  trustee  or  trustees  named  in  said  grant,  or  their  successors,  privies,  or 
persons  holding  under  them,  which  defense  involves  the  legality  of  said 
grant,  or  affects  the  title  to  the  property  thereby  conveyed,  or  the  right 
to  the  possession,  or  the  rents,  issues,  and  profits  thereof,  unless  such 
defense  is  made  in  a  suit,  action,  or  proceeding  commenced  within  two 
years  after  such  grant  shall  have  been  filed  for  record. 

Exemption  from  execution. 

§  10.  The  property  conveyed  by  such  grant  shall  not,  after  a  lapse 
of  two  years  from  the  date  of  the  filing  for  record  of  the  grant,  be 
subject  to  forced  sale,  under  execution,  or  judicial  proceedings  of  any 
kind,  against  the  grantor  or  his  privies,  unless  the  action  under  which 
the  execution  shall  be  issued,  or  the  proceedings  under  which  the  sale 
shall  be  ordered,  shall  have  been  commenced  within  two  years  after 
such  grant  shall  have  been  filed  for  record.  Nor  shall  such  property  be 
subject  to  execution  or  forced  sale  under  any  judgment  obtained  in  any 
proceedings  instituted  within  said  two  years,  if  there  be  other  property 
of  the  grantor,  subject  to  execution  or  forced  sale  sufficient  to  satisfy 
such  judgment;  provided,  nothing  in  this  section  contained  shall  be  con- 
strued to  affect  mechanics'  or  laborers'  liens. 

Bequest  to  state. 

§  11.  Any  person  or  persons  making  any  such  grant  may,  at  any  time 
thereafter,  by  last  will  or  testament,  devise  and  bequeath  to  the  state 
of  California  all  or  any  of  the  property,  real  and  personal,  mentioned 
in  such  grant,  or  in  any  supplemental  grant,  and  such  devise  or  bequest 
shall  only  take  effect  in  case,  from  any  cause  whatever,  the  grant  shall 
be  annulled  or  set  aside,  or  the  trusts  therein  declared  shall  for  any 
reason  fail.  Such  devise  and  bequest  is  hereby  permitted  to  be  made 
by  way  of  assurance  that  the  wishes  of  the  grantor  or  grantors  shall  be 
carried  out,  and  in  the  faith  that  the  state,  in  case  it  succeeds  to  the 
property,   or   any   part    thereof,   will,   to    the   extent    and   value    of   such 


Act  4164  GENERAL  LAWS.  1456 

property,  carry  out,  in  respect  to  the  objects  and  purposes  of  any  such 
grant,  all  the  wishes  and  intentions  of  the  grantor  or  grantors;  provided, 
that  no  wish,  direction,  act,  or  condition  expressed,  made,  or  given  by  any 
grantor  or  grantors,  under  or  by  virtue  of  this  act,  as  to  religious  in- 
struction to  be  given  in  such  school,  college,  seminary,  mechanical 
institute,  museum,  or  gallery  of  art,  or  in  respect  to  the  exercise  of 
religious  belief,  on  the  part  of  any  pupil  or  pupils  of  such  school  or 
institution  of  learning,  shall  be  binding  upon  the  state;  nor  shall  the 
state  enforce,  or  permit  to  be  enforced  or  carried  out,  any  such  wish, 
direction,  act,  or  condition. 

§  12.     This  act  shall  be  in  force  from  and  after  its  passage. 

ACT  4164. 

An  act  supplemental  to  an  act  entitled  "An  act  to  advance  learning, 
the  arts  and  sciences,  and  to  promote  the  public  welfare,  by  pro- 
viding for  the  conveyance,  holding,  and  protection  of  property,  and 
the  creation  of  trusts  for  the  founding,  endowment,  erection,  and 
maintenance  within  this  state  of  universities,  colleges,  schools,  semin- 
aries of  learning,  mechanical  institutes,  museums,  and  galleries  of 
art,"  approved  March  9,  18S5,  concerning  the  resignation,  relinquish- 
ment or  surrender  of  rights,  powers,  privileges  and  duties  reserved 
to  or  vesting  in  the  founder  or  founders,  surviving  founder,  or  wife 
or  widow  of  any  founder,  of  any  institution  created  or  founded 
under  or  pursuant  to  said  act,  and  concerning  the  assumption  and 
exercise  of  powers  and  duties  by  the  trustee  or  trustees  of  such 
institution. 

[Approved  March  13,  1903.     Stats.  1903,  p.  140.] 

§  1.  The  founder  or  founders,  surviving  founder,  or  wife  or  widow 
of  any  founder,  of  a  university,  college,  school,  seminary  of  learning, 
mechanical  institute,  museum,  gallery  of  art,  library  or  any  other  institu- 
tion, or  any  or  all  thereof,  founded  under  or  pursuant  to  an  act  entitled 
"An  act  to  advance  learning,  the  arts  and  sciences,  and  to  promote  the 
public  welfare,  by  providing  for  the  conveyance,  holding,  and  protection 
of  property,  and  the  creation  of  trusts  for  the  founding,  endowment, 
erection,  and  maintenance  within  this  state  of  universities,  colleges, 
schools,  seminaries  of  learning,  mechanical  institutes,  museums,  and 
galleries  of  art,"  approved  March  9,  1885,  may,  by  an  instrument  in 
writing,  resign,  relinquish  and  surrender  all  the  rights,  powers,  privileges 
and  duties  reserved  to  or  vesting  in  such  founder  or  founders,  surviving 
founder,  or  wife  er  widow  of  such  founder,  over,  in,  or  concerning  any 
of  the  property  granted  or  given  to  such  institution  or  institutions,  or 
over  or  concerning  any  such  institution  or  institutions  so  founded,  and 
thereupon  all  estates,  rights,  powers,  privileges,  trusts  and  duties  which 
would  otherwise  vest  in  or  devolve  upon  the  trustee  or  trustees  of  the 
trusts  and  estates  created  for  the  founding,  endowment  and  maintenance 
of  any  such  institution  or  institutions  upon  the  death  of  the  person  or  per- 
sons so  resigning,  relinquishing  and  surrendering,  by   the  terms   of  the 


1457  TRUSTS.  Act  4165 

grant  founding  the  institution  or  institutions,  and  amendments  thereof, 
and  by  the  terms  of  any  grants,  gifts,  bequests,  and  devises  supplementary 
thereto,  or  of  any  confirmatory  grants,  shall  immediately  vest  in  and 
devolve  upon  such  trustee  or  trustees.  Nothing  herein  contained  shall 
prevent  such  person  or  persons  so  resigning,  relinquishing  and  surrender- 
ing such  rights,  powers,  privileges,  or  duties  from  thereafter  becoming 
and  serving  as  one  of  such  trustees,  or  from  becoming  and  serving  as 
an  officer  of  any  board  of  such  trustees. 

§  2.     This  act  shall  take   effect  and  be  in  force  from  and  after  its 
passage. 

ACT  4165. 

An  act  to  provide  for  proceedings  for  the  ascertainment  of  the  existence 
and  terms  of,  and  for  the  determination  of  the  validity  and  legal 
effect  of  grants  or  other  instruments  creating,  changing  or  affecting 
trusts  and  estates  for  the  founding,  endowment  and  maintenance  of 
a  university,  college,  school,  seminary  of  learning,  mechanical  insti- 
tute, museum,  gallery  of  art,  or  library,  or  any  other  institution,  or 
any  or  ail  thereof,  under  or  pursuant  to  an  act  entitled  "An  act 
to  advance  learning,  the  arts  and  sciences,  and  to  promote  the  public 
welfare,  by  providing  for  the  conveyance,  holding,  and  protection 
of  property,  and  the  creation  of  trusts  for  the  founding,  endowment, 
erection,  and  maintenance  within  this  state  of  universities,  colleges, 
schools,  seminaries  of  learning,  mechanical  institutes,  museums,  and 
galleries  of  art,"  approved  March  9,  1885,  or  under  or  pursuant  to 
an  act  entitled  "An  act  to  encourage  and  provide  for  the  dissemina- 
tion of  a  knowledge  of  the  arts,  sciences,  and  general  literature,  and 
the  founding,  maintaining,  and  perpetuating  public  libraries, 
museums,  and  galleries  of  art,  and  the  receipt  of  donations  and 
contributions  thereto  when  established;  for  the  conveyance,  holding 
and  protection  of  real  property  within  this  state  suitable  for  the 
purposes  herein  designated,  and  the  erection  thereon  of  buildings 
appropriate  to  such  purposes,  and  for  the  creation  of  trusts  necessary 
or  proper  for  the  better  preservation  of  such  institutions,  and  the 
control  and  management  thereof,"  approved  March  5,  1887. 
[Approved  February  10,  1903.     Stats.  1903,  p.  9.] 

§  1.  The  trustee  or  trustees  of  any  trust  or  trusts  heretofore  or  here- 
after created  for  the  founding,  endowment  and  maintenance  of  a  uni- 
versity, college,  school,  seminary  of  learning,  mechanical  institute, 
museum,  gallery  of  art,  library  or  other  institution,  or  any  or  all  thereof, 
under  or  pursuant  to  an  act  entitled  "An  act  to  advance  learning,  the 
arts  and  sciences,  and  to  promote  the  public  welfare,  by  providing  for 
the  conveyance,  holding,  and  protection  of  property,  and  the  creation  of 
trusts  for  the  founding,  endowment,  erection,  and  maintenance  within 
this  state  of  universities,  colleges,  schools,  seminaries  of  learning,  me- 
chanical institutes,  museums,  and  galleries  of  art,"  approved  March  9, 
1885,  or  under  or  pursuant  to  an  act  entitled  "An  act  to  encourage  and 
Gen.  Laws — 92 


Act  4165,  §1  GENERAL  LAWS.  1458 

provide  for  the  dissemination  of  a  knowledge  of  the  arts,  sciences,  and 
general  literature,  and  the  founding,  maintaining,  and  perpetuating  pub- 
lic libraries,  museums,  and  galleries  of  art,  and  the  receipt  of  donations 
and  contributions  thereto  when  established;  for  the  conveyance,  holding 
and  protection  of  real  property  within  this  state  suitable  for  the  pur- 
poses herein  designated,  and  the  erection  thereon  of  buildings  appropriate 
to  such  purposes,  and  for  the  creation  of  trusts  necessary  or  proper  for 
the  better  preservation  of  such  institutions,  and  the  control  and  manage- 
ment thereof,"  approved  March  5,  1887,  may  commence  a  special  pro- 
ceeding in  and  by  which  may  be  determined  all  questions  of  law  and 
fact  affecting  the  existence  of,  and  the  due  and  voluntary  execution 
and  delivery,  and  the  terms,  validity  and  legal  effect  of  the  grant  or 
grants  founding  the  same,  and  of  all  amendments  or  attempted  amend- 
ments thereof,  and  of  any  supplemental  grants  or  gifts,  and  of  any 
confirmatory  conveyances,  of  the  founder  or  founders,  or  surviving 
founder,  or  wife  or  widow  of  any  such  founder;  and  in  and  by  which 
may  be  determined  all  questions  of  law  and  fact  affecting  the  due  and 
voluntary  execution  and  delivery,  and  the  validity  and  legal  effect,  of 
any  gift  or  grant  made  in  general  terms  for  the  benefit  of  the  institution 
or  institutions,  or  of  any  department  thereof,  or  of  any  gift  or  grant 
made  in  general  terms  for  the  benefit  of  the  institution  or  institutions, 
or  of  any  department  thereof,  upon  the  trusts  provided  for  in  the  grant 
founding  the  institution  or  institutions,  and  amendments  thereof  and 
grants,  bequests  and  devises  supplementary  thereto;  and  in  and  by  which 
may  be  determined  all  questions  bearing  upon  the  passing  to  the  trustee 
or  trustees  of  the  legal  title  to  the  properties,  real  and  personal,  con- 
veyed or  attempted  to  be  conveyed,  so  far  as  such  property  or  the  pro- 
ceeds thereof,  or  any  property  acquired  in  exchange  therefor  or  with 
proceeds  thereof,  may  be  described  in  the  petition  herein  provided  for, 
and  the  interest  or  title  of  the  trustee  or  trustees  in  or  to  any  such 
property  described  in  such  petition;  and  in  and  by  which  may  be  deter- 
mined all  questions  of  law  and  fact  affecting  the  due  and  voluntary 
execution  and  delivery,  and  the  validity  and  legal  effect,  of  any  grant 
or  surrender  by  any  such  founder  or  founders,  surviving  founder,  or  wife 
or  widow  of  any  founder,  to,  or  in  favor  of,  such  trustee  or  trustees, 
of  any  rights,  powers,  privileges  or  duties  reserved  to  or  vesting  in  any 
such  person  or  persons  over  or  concerning  any  property  described  in  the 
petition  herein  provided  for,  or  over  or  concerning  any  such  institution 
or  institutions  so  founded,  which  would  otherwise  vest  in  or  devolve 
upon  such  trustee  or  trustees  upon  the  death  of  the  person  or  persons  so 
granting  or  surrendering  the  same,  and  of  any  relinquishment  or  release 
by  the  founder  or  founders,  surviving  founder,  or  wife  or  widow  of  any 
founder,  of  any  other  such  rights,  powers,  privileges,  or  duties  so  reserved 
to  or  vesting  in  any  such  person  or  persons.  To  this  end  the  trustee 
or  trustees  of  any  trust  hereinbefore  referred  to,  in  the  name  of  the 
institution  or  institutions  so  founded,  or  in  the  name  of  the  trustee  or 
trustees  of  such  institution  or  institutions,  or  in  the  name  of  the  board 
of  trustees  of  such  institution  or  institutions,  may  file,  in  the  superior 


1459  TRUSTS.  Act  4165,  §2 

court  of  the  county  in  which  the  lands  described  in  the  founding  grant 
or  grants,  or  some  lands  described  in  the  founding  grant  or  grants,  or 
some  portion  thereof,  are  situated,  or,  if  no  real  estate  has  been  granted 
as  herein  provided  to  such  trustees,  then  in  the  county  where  the  main 
part  of  any  such  institution  or  institutions  is  situated,  a  petition  in 
writing,  signed  by  counsel  for  such  trustee  or  trustees,  or  by  counsel  for 
a  majority  thereof,  which  petition  shall  contain  copies  of  all  such  grants, 
amendments,  attempted  amendments,  supplemental  grants,  instruments 
of  gift,  confirmatory  conveyances,  and  grants  and  instruments  of  sur- 
render, relinquishment  or  release,  hereinbefore  mentioned  or  referred  to, 
so  far  as  known  to  such  trustee  or  trustees;  and  the  petition  shall  allege 
in  general  terms  the  due  and  voluntary  execution  and  delivery,  and  the 
validity,  of  any  and  all  of  such  instruments,  copies  of  which  are  set  out 
in  the  petition,  and  shall  describe  all  property,  real  and  personal,  the 
legal  title  to  which  is  held  or  claimed  to  be  held  by  said  trustee  or 
trustees  under  or  by  virtue  of  any  or  all  of  such  instruments,  whether 
or  not  the  same  be  the  original  property  conveyed,  the  proceeds  thereof, 
or  re-invested  proceeds;  and  the  petition  shall  allege  in  general  terms 
the  estate  or  interest  which  the  trustee  or  trustees  have  or  claim  in  or 
to  the  property  described;  and  the  petition  shall  pray,  in  effect,  that  the 
court  examine  and  determine  all  questions  of  law  and  fact  affecting  the 
due  and  voluntary  execution  and  delivery,  and  the  terms,  validity  and 
legal  effect  of  all  such  instruments,  copies  of  which  are  so  set  out  in 
the  petition;  and  that  the  court  examine  and  determine  all  questions 
bearing  upon  the  passing  to  the  trustee  or  trustees,  of  the  legal  title  to 
all  the  properties,  real  and  personal,  so  conveyed  or  attempted  to  be 
conveyed,  so  far  as  the  same  or  the  proceeds  thereof,  or  any  property 
acquired  in  exchange  therefor  or  with  the  proceeds  thereof,  may  be 
described  in  said  petition;  and  that  the  court  examine  and  determine 
the  interest  or  title  of  the  trustee  or  trustees  in  or  to  any  such  property; 
and  that  it  be  established  and  determined  that  the  trustee  or  trustees  are 
rightfully  vested  with  the  legal  title  thereto. 

§2.  The  court  or  judge  shall  fix  the  time  for  the  hearing  of  said 
petition,  and  shall  order  the  clerk  of  the  court  to  post  in  at  least  three 
public  places  in  the  county  a  notice  of  the  filing  of  said  petition,  attached 
to  a  copy  of  said  petition,  and  order  a  copy  of  such  notice  together  with 
a  copy  of  the  petition  to  be  personally  served  upon  the  founder  or  found- 
ers, if  living,  and  upon  the  surviving  wife  or  widow  of  any  founder, 
and  upon  any  living  grantor  or  donor  of  any  other  grant  or  gift  set 
out  in  the  petition,  and  may  order  such  other  or  further  notice  to  be 
given  as  the  judge  or  court  may  deem  proper.  Such  notice  shall  be 
posted  and  served  at  least  ten  days  before  the  hearing.  If  the  court  or 
judge  finds  upon  the  hearing  that  due  and  proper  notice  has  not  been 
given  as  herein  provided,  it  shall  reset  the  hearing  and  cause  such  due 
and  proper  notice  to  be  given.  The  notice  and  petition  shall  be  entitled 
substantially  in  the  following  form: 


Act  4165,  §§  3,  4  GENERAL  LAWS.  1460 

In  the  superior  court  of  the  county  of  ,  state  of  California. 

In  the  matter  of  the  petition  of  (giving  the  name  or  names  in 

•which  the  petition  is  brought)  for  the  ascertainment  of  the  existence 
and  terms  of,  and  for  the  determination  of  the  validity  and  legal  effect 
of  grants  or  other  instruments  creating,  changing  or  affecting  trusts  and 

estates  for  the  founding,  endowment  and  maintenance  of  (naming 

the  institution  or  institutions  founded). 

The  notice  shall  state  the  time  and  place  fixed  for  the  hearing  of  the 
petition  and  shall  be  addressed  to  the  founder  or  founders,  living,  and 
to  the  surviving  wife  or  widow  of  any  founder,  and  the  living  grantor 
or  donor  of  any  other  grant  or  gift  set  out  in  the  petition,  and  in  general 
terms  to  all  other  persons  having  or  claiming  any  interest  in,  or  rights, 
powers,  or  duties  over  or  concerning  the  property  described  in  the  peti- 
tion; and  shall  direct  that  they  and  each  of  such  persons  appear  and 
answer  said  petition  on  or  before  the  time  set  for  said  hearing;  and  shall 
state  that  unless  said  persons  so  appear  and  demur  or  answer,  the 
petitioners  will  apply  to  the  court  to  grant  the  prayer  of  the  petition, 
and  that  each  person  failing  to  so  appear  and  answer,  shall  be  deemed 
to  admit  as  true  all  the  material  allegations  of  the  petition. 

Any  of  the  persons  so  required  to  be  served,  or  any  other  persons  so 
interested  may  waive  notice  by  written  waiver  filed  with  the  clerk  of 
the  court. 

§  3.  Any  person  interested  in  the  determination  of  any  of  the  questions 
presented  by  the  petition  may  demur  to  or  answer  said  petition  and  may 
set  up  any  new  matter  affecting  the  determination  of  any  such  questions. 
Any  allegation  of  the  petition  or  answer  may  be  made  upon  information 
and  belief.  The  provisions  of  the  Code  of  Civil  Procedure  respecting  the 
demurrer  and  the  answer  to  a  verified  complaint,  shall  be  applicable  to  a 
demurrer  or  answer  to  said  petition.  The  persons  so  demurring  to  or 
answering  said  petition  shall  be  the  defendants  to  said  special  proceeding 
and  the  petitioners  shall  be  the  plaintiffs.  Every  material  statement  of 
the  petition  not  specifically  controverted  by  the  answer  must,  for  the 
purposes  of  said  special  proceeding,  be  taken  as  true;  and  each  person 
failing  to  answer  the  petition  shall  be  deemed  to  admit  as  true  all  the 
material  allegations  of  the  petition.  The  rules  of  pleading  and  practice 
provided  for  by  the  Code  of  Civil  Procedure,  which  are  not  inconsistent 
with  the  provisions  of  this  act,  are  applicable  to  the  special  proceeding 
herein  provided  for. 

§  4.  Upon  the  hearing  of  such  special  proceeding,  the  court  shall  have 
power  and  jurisdiction  to  examine  into  and  determine  all  questions  of 
law  and  fact  within  the  scope  of  the  proceeding  herein  provided  for, 
whether  presented  by  the  petition  or  answer,  or  by  the  proofs  upon  the 
hearing. 

The  court  shall  find  and  determine  whether  the  notice  of  the  filing  of 
said  petition  has  been  duly  given  for  the  time  and  in  the  manner  in  this 
act  prescribed. 


The  costs  of  the  special  proceeding  may  be  allowed  and  apportioned 
between  all  parties,  in  the  discretion  of  the  court. 

§  5.  A  certified  copy  of  the  judgment  of  the  court  in  such  special 
proceeding  shall  be  recorded  in  the  office  of  the  recorder  of  the  county 
in  which  the  action  is  brought  and  in  the  office  of  the  recorder  of  every 
county  in  which  any  of  the  real  property  affected  is  situated. 

§  6.  The  judgment  of  the  court  in  such  special  proceeding  shall  be 
determinative  of  the  terms  and  trusts  upon  which  any  property  thereafter 
given  for  the  benefit  of  such  institution  or  institutions,  or  any  depart- 
ment thereof,  shall  be  held  by  such  trustee  or  trustees,  unless  otherwise 
provided  by  the  grantor  or  donor  of  such  property, 

§7.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

ACT  4166. 

An  act  to  define  trust  and  to  provide  for  criminal  penalties  and  civil 
damages,  and  punishment  of  corporations,  persons,  firms,  and  associa- 
tions, or  persons  connected  with  them,  and  to  promote  free  com- 
petition in  commerce  and  all  classes  of  business  in  this  state. 

[Approved  March  23,  1907.     Stats.  1907,  p.  984.] 
Amended  1909,  p.   593. 

A  trust  defined.     Exception. 

§  1.  A  trust  is  a  combination  of  capital,  skill  or  acts  by  two  or  more 
persons,  firms,  partnerships,  corporations  or  associations  of  persons,  or  of 
any  two  or  more  of  them  for  either,  any  or  all  of  the  following  purposes: 

1.  To   create   or  carry  out  restrictions  in  trade  or  commerce. 

2.  To  limit  or  reduce  the  production,  or  increase  the  price  of  mer- 
chandise or  of  any  commodity. 

3.  To  prevent  competition  in  manufacturing,  making,  transportation, 
sale  or  purchase  of  merchandise,  produce  or  any  commodity. 

4.  To  fix  at  any  standard  or  figure,  whereby  its  price  to  the  public 
or  consumer  shall  be  in  any  manner  controlled  or  established,  any  article 
or  commodity  of  merchandise,  produce  or  commerce  intended  for  sale, 
barter,  use  or  consumption  in  this  state. 

5.  To  make  or  enter  into  or  execute  or  carry  out  any  contracts,  obliga- 
tions or  agreements  of  any  kind  or  description,  by  which  they  shall  bind 
or  have  bound  themselves  not  to  sell,  dispose  of  or  transport  any  article 
or  any  commodity  or  any  article  of  trade,  use,  merchandise,  commerce 
or  consumption  below  a  common  standard  figure,  or  fixed  value,  or  by 
which  they  shall  agree  in  any  manner  to  keep  the  price  of  such  article, 
commodity  or  transportation  at  a  fixed  or  graduated  figure,  or  by  which 
they  shall  in  any  manner  establish  or  settle  the  price  of  any  article, 
commodity  or  transportation  between  them  or  themselves  and  others,  so 
as  to  directly  or  indirectly  preclude  a  free  and  unrestricted  competition 
among  themselves,  or  any  purchasers  or  consumers  in  the  sale  or  trans- 


Act  4166,  §§  2-4  GENERAL  LAWS.  1462 

portation  of  any  such  article  or  commodity,  or  by  whicli  they  shall  agree 
to  pool,  combine  or  directly  or  indirectly  unite  any  interests  that  they 
may  have  connected  with  the  sale  or  transportation  of  any  such  article 
or  commodity,  that  its  price  might  in  any  manner  be  affected.  Every 
such  trust  as  is  defined  herein  is  declared  to  be  unlawful,  against  public 
policy  and  void,  provided  that  no  agreement,  combination  or  association 
shall  be  deemed  to  be  unlawful  or  within  the  provisions  of  this  act,  the 
object  and  business  of  which  are  to  conduct  its  operations  at  a  reasonable 
profit  or  to  market  at  a  reasonable  profit  those  products  which  cannot 
otherwise  be  so  marketed,  provided  further,  that  it  shall  not  be  deemed 
to  be  unlawful,  or  within  the  provisions  of  this  act,  for  persons,  firms, 
or  corporations,  engaged  in  the  business  of  selling  or  manufacturing 
commodities  of  a  similar  or  like  character,  to  employ,  form,  organize 
or  own  any  interest  in  any  association,  firm  or  corporation,  having  as 
its  object  or  purpose  the  transportation,  marketing  or  delivery  of  such 
commodities.  [Amendment  approved  March  20,  1909.  Stats.  1909,  p. 
593.     In  effect  immediately.] 

Violation  of  act. 

§2.  For  a  violation  of  any  of  the  provisions  of  this  act  by  any  cor- 
poration or  association  mentioned  herein,  it  shall  be  the  duty  of  the 
attorney  general  or  the  district  attorney  of  the  proper  county,  to  institute 
proper  suits  or  quo  warranto  proceedings  in  any  court  of  competent 
jurisdiction  for  the  forfeiture  of  its  charter  rights,  franchises  or  privi- 
leges and  powers  exercised  by  such  corporation  or  association,  and  for 
the  dissolution  of  the  same  under  the  general  statutes  of  the   state. 

Agreements  permitted. 

§  21/2.  It  shall  be  lawful  to  enter  into  agreements  or  form  associa- 
tions or  combinations,  the  purpose  and  effect  of  which  shall  be  to  pro- 
mote, encourage  or  increase  competition  in  any  trade  or  industry,  or 
which  are  in  furtherance  of  trade.  [New  section  approved  March  20, 
1909.     Stats.  1909,  p.  594.     In  effect  immediately.] 

Foreign  corporations  ajnenable.    Duty  of  secretary  of  state. 

§  3.  Every  foreign  corporation,  as  well  as  every  foreign  association, 
exercising  any  of  the  powers,  franchises  or  functions  of  a  corporation  in 
this  state,  violating  any  of  the  provisions  of  this  act,  is  hereby  denied 
the  right  and  prohibited  from  doing  any  business  in  this  state,  and  it 
shall  be  the  duty  of  the  attorney  general  to  enforce  this  provision  by 
bringing  proper  proceedings  by  injunction  or  otherwise.  The  secretary 
of  state  shall  be  authorized  to  revoke  the  license  of  any  such  corpora- 
tion or  association  heretofore  authorized  by  him  to  do  business  in  this 
state. 

Penalty  for  violation  of  act. 

§  4.  Any  violation  of  either  or  all  of  the  provisions  of  this  act  shall 
be  and  is  hereby  declared  a  conspiracy  against  trade,  and  any  person  who 
may  become  engaged  in  any  such  conspiracy  or  take  part  therein,  or  aid 
or  advise  in  its  commission,  or  who  shall  as  principal,  manager,  director, 


1463  TRUSTS.  Act  4166,  §§  5-7 

ageut,  servant  or  employee,  or  in  any  other  capacity,  knowingly  carry 
out  any  of  the  stipulations,  purposes,  prices,  rates,  or  furnish  any  infor- 
mation to  assist  in  carrying  out  such  purposes,  or  orders  thereunder 
or  in  pursuance  thereof,  shall  be  punished  by  a  fine  of  not  less  than  fifty 
($50)  dollars  nor  more  than  five  thousand  ($5,000)  dollars,  or  be,  im- 
prisoned not  less  than  six  months  nor  more  than  one  year,  or  by  both 
such  fine  and  imprisonment.  Each  day's  violation  of  this  provision  shall 
constitute  a  separate  offense. 

What  indictment  must  set  out. 

§5.  In  any  indictment,  information  or  complaint  for  any  offense 
named  in  this  act,  it  is  sufficient  to  state  the  purpose  or  effects  of  the 
trust  or  combination,  and  that  the  accused  is  a  member  of,  acted  with  or 
in  pursuance  of  it,  or  aided  or  assisted  in  carrying  out  its  purposes,  with- 
out giving  its  name  or  description,  or  how,  when  and  where  it  was 
created. 

Prosecutions,  what  to  prove.     Books  and  papers  must  be  produced  when 

ordered. 

§  6.  In  prosecutions  under  this  act,  it  shall  be  sufficient  to  prove 
that  a  trust  or  combination,  as  defined  herein,  exists,  and  that  the  de- 
fendant belonged  to  it,  or  acted  for  or  in  connection  with  it,  without 
proving  all  the  members  belonged  to  it,  or  proving  or  producing  any 
article  of  agreement,  or  any  written  instrument  on  which  it  may  have 
been  based;  or  that  it  was  evidenced  by  any  written  instrument  at  all. 
The  character  of  the  trust  or  combination  alleged  may  be  established  by 
proof  of  its  general  reputation  as  such.  In  case  any  court  of  record, 
or  in  vacation  any  judge  of  said  court  in  which  is  pending  any  civil, 
criminal  or  other  action  or  proceeding  brought  or  prosecuted  by  the 
attorney  general  or  any  district  attorney  for  the  violation  of  any  of  the 
provisions  of  this  act  or  in  any  action  or  proceeding  for  the  violation 
of  the  law  of  this  state,  against  conspiracy  or  combination  in  restraint 
of  trade  so  orders,  no  person  so  ordered  shall  be  excused  from  attending, 
testifying  or  producing  books,  papers,  schedules,  contracts,  agreements 
or  anj^  other  document  in  obedience  to  the  subpoena  or  under  the  order 
of  such  court  or  any  commissioner  or  referee  appointed  by  said  court  to 
take  testimony  or  any  notary  public  or  other  person  or  cfficer  authorized 
by  the  laws  of  this  state  to  take  depositions  when  the  order  made  by 
such  court  or  judge  thereof  includes  a  witness  whose  deposition  is  being 
taken  before  such  notary  public  or  other  officer  on  the  ground  or  for 
the  reason  that  the  testimony  or  evidence  required  of  him  may  tend  to 
criminate  him  or  subject  him  to  any  penalty;  but  no  individual  shall  be 
prosecuted  or  subjected  to  any  penalty  for  or  on  account  of  any  transac- 
tion, matter  or  thing  concerning  which  he  may  so  testify  or  produce 
evidence,  documentary  or  otherwise,  before  any  such  court,  person  or 
officer. 

Penalty,  after  notice  "by  attorney  general. 

§  7.  Each  and  every  firm,  person,  partnership,  corporation,  or  associa- 
tion of  persons,  who  shall  in  any  manner  violate  any  of  the  provisions 


Act  4166,  §§  8-11  GENERAL  LAWS.  1464 

of  this  act,  shall  be  for  each  and  every  day  that  such  violations  shall  be 
commitfed  or  continued,  after  due  notice  given  by  the  attorney  general 
or  any  district  attorney,  forfeit  and  pay  the  sum  of  fifty  ($50)  dollars, 
which  may  be  recovered  in  the  name  of  the  people  of  the  state  of  Cali- 
fornia, in  any  county  where  the  offense  is  committed,  or  where  either 
of  the  offenders  resides;  and  it  shall  be  the  duty  of  the  attorney  general, 
or  the  district  attorney  of  any  county  on  the  order  of  the  attorney 
general  to  prosecute  for  the  recovery  of  the  same.  When  the  action  is 
prosecuted  by  tne  attorney  general  against  a  corporation  or  association 
of  persons,  he  may  begin,  the  action  in  the  supreme  court  of  the  county 
in  which  defei\dant  resides  or  does  business. 

Contracts  in  violation  of  act  void. 

§  8.  That  any  contract  or  agreement  in  violation  of  the  provisions 
of  this  act,  shall  be  absolutely  void  and  shall  not  be  enforceable  either 
in  law  or  equity. 

Provisions  cumulative. 

§  9.  That  the  provisions  hereof  shall  be  held  cumulative  of  each  other 
and  of  all  other  laws  in  any  way  affecting  them  now  in  force  in  this  state. 

Trust  certificates  not  lawful. 

§  10.  It  shall  not  be  lawful  for  any  person,  partnership,  association 
or  corporation,  or  any  agent  thereof,  to  issue  or  to  own  trust  certificates, 
or  for  any  person,  partnership,  association  or  corporation,  agent,  officer, 
or  employee,  or  the  directors  or  stockholders  of  any  corporation,  to  enter 
into  any  combination,  contract  or  agreement  with  any  person  or  persons, 
corporation,  or  corporations,  or  with  any  stockholder  or  director  thereof, 
the  purpose  and  effect  of  which  combination,  contract  or  agreement  shall 
be  to  place  the  management  or  control  of  such  combination  or  combina- 
tions, or  the  manufactured  product  thereof,  in  the  hands  of  any  trustee 
or  trustees  with  the  intent  to  limit  or  fix  the  price  or  lessen  the  produc- 
tion and  sale  of  any  article  of  commerce,  use  or  consumption,  or  to  pre- 
vent, restrict  or  diminish  the  manufacture  or  output  of  any  such  article, 
and  any  person,  partnership,  association  or  corporation  that  shall  enter 
into  any  such  combination,  contract  or  agreement  for  the  purpose  afore- 
said shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof 
shall  be  punished  by  a  fine  not  less  than  fifty  dollars,  nor  more  than  five 
thousand  dollars. 

Persons  injured  in  business  by  trust  may  sue. 

§  11.  In  addition  to  the  criminal  and  civil  penalties  herein  provided, 
any  person  who  shall  be  injured  in  his  business  or  property  by  any  other 
person  or  corporation  or  association  or  partnership,  by  reason  of  any- 
thing forbidden  or  declared  to  be  unlawful  by  this  act,  may  sue  therefor 
in  any  court  having  jurisdiction  thereof  in  the  county  where  the  defend- 
ant resides  or  is  found,  or  any  agent  resides  or  is  found,  or  where 
service  may  be  obtained,  without  respect  to  the  amount  in  controversy, 
and  to  recover  twofold  the  damages  by  him  sustained,  and  the  costs  of 
suit.     "Whenever  it  shall  appear  to  the  court  before  which  any  proceed- 


1465  TULARE  COUNTY.  Acts  4170-4176 

ings  under  tliis  act  may  be  pending,  that  the  ends  of  justice  require  that 
other  parties  shall  be  brought  before  the  court,  the  court  may  cause 
them  to  be  made  parties  defendant  and  summoned,  whether  they  reside 
in  the  county  where  such  action  is  pending,  or  not. 

"Person"  defined. 

§  12.  The  word  "person"  or  "persons"  whenever  used  in  this  act,  shall 
be  deemed  to  include  corporations,  partnerships  and  associations  existing 
under  or  authorized  by  the  laws  of  this  state  or  any  other  state,  or  any 
foreign  country. 

Labor  not  a  commodity. 

§  13.  Labor  whether  skilled  or  unskilled  ig  not  a  commodity  within 
the  meaning  of  this  act.  [New  section  approved  March  20,  1909.  Stats. 
1909,  p.  594.     In  effect  immediately.] 

TITLE  532. 
TULAEE  COUNTY. 
ACT  4170. 

Assessors,  act  fixing  salary  and  bond  of.     [Stat3.   1875-76,  p.  172.] 
Superseded  by  County  Government  Acts:    See  1897,  pp.  521,  535,  §§  170,  182. 

ACT  4171. 

Board  of  health,  establishing.     [Stata.   1877-78,  p.  558.] 
Superseded  by  subd.  20,  §  25,  County  Government  Act,  1897,  p.  464. 

ACT  4172. 

County  auditor  and  county  recorder,  separation  of  offices  of,  and  regula- 
tion of  official  salaries  in.     [Stats.  1875-76,  p.  151.] 
Amended   1875-76,   p.    363;    1877-78,   p.    104.     Kepealed   by    County   Govern- 
ment Acts:    See  1897,  p.  535,  §  170. 

ACT  4173. 

Separating  offices  of  county  recorder  and  county  clerk.     [Stats.  1873-74, 
p.  60.] 
Repealed  by  County  Government  Act,  1897,  p.  473,  §  55. 

ACT  4174. 

Public  roads  in.     [Stats.  1873-74,  p.  283.] 
Amended  1875-76,  p.  11.     Repealed  1875-76,  p.  531. 

ACT  4175. 

Making  applicable  to  of  act  of  February  21,  1872,  p.  141,  regulating  the 
traveling  fees  of  sheriff.     [Stats.  1873-74,  p.  45.] 
Repealed  1877-78,  p.  560. 

ACT  4176. 

Traveling  fees  of  sheriff  of.     [Stats.  1877-78,  p.  559.] 
Repealed  by  fee  bill  of  1895,  p.   269. 


Acts  4177-4191  GENERAL  LAWS.  1466 

ACT  4177. 

To  increase  the  number  of  superior  judges.     [Stats.  1891,  p.  61.] 
ACT  4178. 
To   reduce   the   number  of  judges  of  the   superior   court.     [Stats.    1895, 

p.    128.1 
ACT  4179. 

Tax  collector,  bonds  of.     [Stats.  1875-76,  p.  16.] 
Repealed  by  County  Government  Act,  1897,  p.  475,  §  66. 

ACT  4180. 

Concerning    water    ditches    and    water    privileges    for    agricultural    and 
manufacturing  purposes  in  Tulare  County.     [Stats.  1867-68,  p.  112.] 

ACT  4181. 

Concerning  water  ditches  and  water  privileges  in,  for  irrigating,  mining 
and  manufacturing  purposes.     [Stats.   1875-76,  p.  547.] 

TITLE  533. 
TUOLUMNE  COUNTY. 
ACT  4186. 

Lawful  fences  in.     [Stats.  1863-64,  p.  475.] 
ACT  4187. 

To    provide    for    care    and    maintenance    of    indigent    sick    of.     [Stats. 
1877-78,  p.  596.] 
Superseded  by  subd.  5,  §  25,  County  Government  Act,    1897,  p.  458. 

ACT  4188. 

Township  officers,  regulating.     [Stats.  1873-74,  p.  453.] 
Repealed  by   County  Government  Acts:   See  1897,  p.  474,   §  56;    also  Code  of 
Civil  Procedure,   §  103. 

ACT  4189. 

Salaries  of  certain  officers  of.     [Stats.   1875-76,  p.  45.] 
Repealed  by  County  Government  Acts:  See  1897,  p.  556,  §  197. 

ACT  4190. 

Supervisors,    prescribing    commencement    of    terms.     fStats.    1873-74,    p. 
154.] 
Repealed  by  County  Government  Act,  1897,  p.  452. 

ACT  4191. 

Treasurers  of,  bonds  of.     [Stats.  1875-76,  p.  17.] 
Eepealed  by  County  Government  Acts:   See   1897,  p.  475,  §  66. 


1467  TUOLUMNE   RIVER — UNITED   STATES.  Acts  4196-4214 

TITLE  534. 
TUOLUMNE  EIVER. 
ACT  4196. 
Authorizing  the  construction  of  a  bridge  across  the  Tuolumne  River  at 

■   Modesto.     [Stats.  1877-78,  p.  455.1 
ACT  4197. 

To  declare  the  head  of  navigation  in.     [Stats.  1854,  p.  203.] 
See  Political  Code,  §  2349. 

TITLE  535. 
TURNPIKE  CORPORATIONS. 
ACT  4202. 

To  authorize  formation  of  plank  or  turnpike  road  corporations.     [Stats. 
1857,  p.  171.] 
Repealed  by  Civil  Code,  §  288. 

TITLE  536. 
UKIAH. 
ACT  4207. 

Incorporation  of.     [Stats.  1875-76,  p.  162.] 
Superseded   by    incorporation,    in    1886,    under   Municipal    Government    Act   of 

UNINCORPORATED  ASSOCIATIONS. 
See    "Benefit   Societies";    "Board   of  Trade";    "Chambers   of   Commerce";    "Co- 
operative Associations";  "Mechanics'  Institutes." 

TITLE  537. 
UNION. 
ACT  4209. 

Incorporating  town  of  Union.     [Stats.  185S,  p.  7.] 

Amended  1869-70,  p.  414;   1873-74,  p.  280. 
This  is  now  Areata,  Stats.  1860,  p.  109. 

TITLE  538. 
UNITED  STATES. 
ACT  4212. 

Giving  the  consent  of  the  legislature  of  the  state  to  the  purchase  by  the 
United  States  of  land  within  this  state  for  public  purposes.     [Stats. 
1852,  p.  149.] 
Superseded  by  Political   Code,  §  34. 

ACT  4213. 

Granting  right  of  way  to  the  United  States  for  railroad  from  Atlantic 

to    Pacific.     [Stats.    1852,    p.    150.] 
ACT  4214. 

Providing  for  the  relinquishment  to  the  United  States  of  lands  required 
for  military  or  naval  purposes.      [Stats.  1859,  p.  26.] 


A-cts  4215-4241  GENERAL  LAWS.  1468 

ACT  4215. 

Ceding  Jurisdiction  to  the  United  States  over  lands  near  Liime   Point. 
[Stats.  1859,  p.  334.] 


ACT  4220. 


TITLE  539. 
UNITED  STATES  COAST  SUEVEY. 


To  authorize   persons  engaged  in  United   States  coast   survey  to   enter 
upon  lands  within  the  state.     [Stats.   1852,  p.   147.] 

TITLE  540. 
UNITED  STATES  FLAG. 
ACT  4225. 

To  prohibit  the  desecration  of.     [Approved  March  2,  1899.     Stats.  1899, 
p.  46.] 

TITLE  541. 
UNITED  STATES  SENATORS. 
ACT  4230. 

To  ascertain  and  express  the  will  of  the  people  of  the  state  of  California 
upon  the  subject  of  election  of  United  States  senators.  [Approved 
March  10,  1891.     Stats.  1891,  p.  46.] 

This  act  provided  for  submitting  to  the  people  at  the  general  election  follow- 
ing the  passage  of  this  act  the  question  of  the  election  of  United  States  Sena- 
tors by  direct  vota. 

TITLE  542. 
UNIVERSITY  OF  CALIFORNIA. 
ACT  4239. 

An  act  to  appropriate  the  sum  of  eighty-three  thousand  eight  hundred 
($83,800)  dollars  for  the  use  and  benefit  of  the  University  of  Cali- 
fornia, and  specifying  the  duties  of  the  controller  and  treasurer  in 
relation  thereto.  [Approved  June  14,  1906.  Stats.  1906,  p.  31.] 
This  act  appropriated  $83,800  to  restore  the  income  of  the  University  and  to 
repair  damages. 

ACT  4240. 

To  create  and  organize  the  University  of  California.     [Stats.   1867-68, 
p.  248.] 
Amended  1871-72,  p.  655. 

Citations.  Cal.  54/31,  33;  69/216;  71/120;  104/658;  123/617,  623;  153- 
777. 

"Probably  repealed  by  the  code,  but  if  so,  revived  and  made  irrepealable  by 
§  9,   art.  IX,  of  the  constitution  of  1879." — Code  Commissioners'   Note. 

ACT  4241. 

For  the  endowment  of.     [Stats.  1869-70,  p.   668.] 
Citations.     Cal.  123/619. 


1469  UNIVERSITY  OP  CALIFORNIA.  Acts  4242-4244 

ACT  4242. 

Permanent   endowment  for.     [Stats.   1877-78,  p.  337.] 

ACT  4243. 

To  provide  additional  support  and  maintenance,  and  for  the  acquisition 
of  necessary  property  and  improvements  for  the  University  of  Cali- 
fornia, by  the  levy  of  a  rate  of  taxation,  and  the  creation  of  a  fund 
therefor.     [Approved  February  27,  1897.     Stats.  1897,  p.  44.] 
Repealed  1909,  p.  543. 

Former  act  on  this  subject:   See  Stats.  1887,  p.  2,  which  was  repealed   1909, 
p.  543. 

Cit;ations.     Gal.  123/623;  153/778. 

ACT  4244. 

An  act  to  provide  for  the  permanent  support  and  improvement  of  the 
University  of  California  by  the  levy  of  a  rate  of  taxation  and  the 
creation  of  a  fund  therefor,  and  to  repeal  an  act  approved  Feb- 
ruary 14,  1887,  entitled:  "An  act  to  provide  for  the  permanent  sup- 
port and  improvement  of  the  University  of  California  by  the  levy  of 
a  rate  of  taxation  and  the  creation  of  a  fund  therefor,"  and  also  to 
repeal  an  act  approved  February  27,  1897,  entitled  "An  act  to  provide 
additional  support  and  maintenance,  and  for  the  acquisition  of 
necessary  property  and  improvements  of  the  University  of  California, 
by  the  levy  of  a  rate  of  taxation,  and  the  creation  of  a  fund  there- 
for." 

[Approved  March  20,  1909.     Stats.  1909,  p.  543.] 

Tax  for  support  of  state  university. 

§  1.  There  is  hereby  levied  annually,  for  each  fiscal  year,  an  "ad 
valorem"  tax  of  three  cents  upon  each  one  hundred  dollars  of  value  of 
the  taxable  property  of  the  state,  which  tax  shall  be  collected  by  the 
several  ofScers  charged  with  the  collection  of  state  taxes,  in  the  same 
manner  and  at  the  same  time  as  other  state  taxes  are  collected,  upon  all 
or  any  class  of  property,  which  tax  is  for  the  support  of  the  University 
of  California. 

Levy  of  tax. 

§  2.  The  state  board  of  equalization,  at  the  time  when  it  annually 
determines  the  rate  of  state  taxes  to  be  collected,  must  at  the  same  time 
declare  the  levy  of  said  rate  of  three  cents,  and  notify  the  auditor  and 
board  of  supervisors  of  each  county  thereof. 

Disposition  of  money. 

§  3.  The  money  collected  from  said  rate,  after  deducting  the  propor- 
tionate share  of  expenses  of  collecting  the  same  to  which  other  state 
taxes  are  subject,  must  be  paid  into  the  state  treasury,  and  must  be  by 
the  state  treasurer  converted  into  a  separate  fund,  hereby  created,  to 
be  called  the  "state  university  fund." 


Act  4245  GENERAL  LAWS.  1470 

University  to  control  fund  absolutely. 

§  4.  The  money  paid  into  the  said  "state  university  fund"  is  hereby 
appropriated,  without  reference  to  fiscal  years,  for  the  use  and  support 
of  the  University  of  California,  and  is  exempted  from  the  provisions  of 
Part  III,  Title  I,  Article  XVIII,  of  an  act  entitled  "An  act  to  establish 
a  Political  Code,"  approved  March  twelfth,  eighteen  hundred  and  seventy- 
two,  relating  to  the  board  of  examiners.  When  there  is  any  money  in 
the  said  fund,  the  same  may  be  drawn  out  upon  the  order  of  the  board 
of  regents  of  the  University  of  California,  or  such  officers  of  the  board 
as  may  be  duly  authorized  thereto.  Upon  the  receipt  of  the  order,  the 
controller  must  draw  his  warrant  upon  the  state  treasurer,  payable  to 
the  order  of  the  treasurer  of  the  University  of  California,  out  of  the 
said  "state  university  fund." 

How  moneys  must  be  applied. 

§5.  The  money  derived  from  said  fund  must  be  applied  only  to 
the  support  and  permanent  improvement  of  the  university;  provided, 
however,  that  not  less  than  one-fourth  of  the  revenues  raised  hereunder, 
during  each  of  the  first  ten  fiscal  years  after  this  act  takes  effect,  shall 
be  placed  in  a  fund  to  be  known  and  designated  as  the  permanent 
building  fund  and  which  said  fund  must  be  devoted  solely  to  the  pur- 
poses of  building,  furnishing  and  equipping  _permanent  buildings  and 
providing  permanent  improvements  for  the  university.  The  board  of 
regents  must  include  in  its  biennial  report  to  the  governor  the  statement 
of  the  manner  and  for  what  purposes  all  of  the  moneys  referred  to  and 
raised  under  this  act  were  expended. 

Certain  acts  repealed. 

§6.  An  act  approved  February  14,  1887,  entitled:  "An  act  to  provide 
for  the  permanent  support  and  improvement  of  the  University  of  Cali- 
fornia by  the  levy  of  a  rate  of  taxation  and  the  creation  of  a  fund  there- 
for," is  hereby  repealed. 

Same. 

§7.  An  act  approved  February  27,  1897,  entitled  "An  act  to  provide 
additional  support  and  maintenance,  and  for  the  acquisition  of  neces- 
sary property  and  improvements  of  the  University  of  California, 
by  the  levy  of  a  rate  of  taxation,  and  the  creation  of  a  fund  therefor," 
is  hereby  repealed. 

§  8.     This  act  shall  take  effect  immediately. 

ACT  4245. 

To  provide  a  continuous  appropriation  for  the  support  and  maintenance 
of  the  University  of  California,  to  be  an  item  of  the  general  appro- 
priation bill.     [Approved  March  15,  1901.     Stats.  1901,  p.  307.] 
This  act  appropriated  the  sum  of  $200,000  biennially. 


1471  UNIVERSITY  OF   CALIFORNIA.  Acts  4246-4253 

ACT  4246. 

To  grant  to  the  regents  of  the  University  of  California  the  north  one- 
half  of  section  sixteen,  township  seven  south,  of  range  three  east, 
Mount  Diablo  meridian,  and  authorize  the  exchange  thereof.  [Ap- 
proved March  16,  1889.     Stats.  1889,  p.  229.] 

ACT  4247. 

To  appropriate  money  to  reimburse  the  university  for  moneys  heretofore 

appropriated   to   the   endowment  fund,  which   moneys  have  been  by 

mistake  withheld  therefrom  and  appropriated  to  other  state  purposes. 

[Stats.  1881,  p.  51.] 

Repealed  1893,  p.  77:  See  1899,  p.  93. 

ACT  4248. 

Appropriations  for  the  benefit  of.     [Stats.  1901,  p.  110. ] 
This    act    appropriated    $50,000    to    supply    a   loss    in    the    permanent    fund    to 
supply  a  loss  through  a  mortgage  made  to  one  "William  0.  Turner. 

ACT  4249. 

To  provide  for  the  better  control  of  the  funds  of,  and  for  the  investment 
and  security  of  the   same.     [Stats.   1883,  p.  54.] 

Citations.      Cal.  66/608,   69/216. 

Unconstitutional:  People  v.  Kewen,  69  Cal.  215. 

ACT  4250. 

To  authorize  the  insurance  of  all  property  of  the  University  of  California 

held   for   purposes   of   income   against   damages   or  loss.     [Approved 

March  20,  1899.     Stats.  1899,  p.  152.] 

ACT  4251. 

Concerning  the  selection  and  sale  of  university  lands.     [Stats.  1873-74, 
p.  356.] 

Amended  1880,  p.   36. 

This  act  also  related  to  the  determination  of  land  contests. 

ACT  4252. 

An  act  authorizing  the  regents  of  the  University  of  California  to  hold 
farmers'  institutes,  and  making  an  appropriation  therefor.  [Ap- 
proved April  14,  1909.     Stats.  1909,  p.  868.] 

See   also   former   acts   in    this   subject   in   Stats.   1903,   p.    205;    1905,   p.   255; 
amended   1907,   p.   176. 

ACT  4253. 

Intoxicating   liquors,   prohibiting   sale    of  within    two    miles   of.     [Stats. 
187^5-74,  p.  12.] 
Codified  by  §  172  of  Penal  Code. 


Arts  4254-4261  GENERAL  LAWS.  1472 

ACT  4254. 

Appropriating  two  hundred  and  fifty  thousand  dollars  for  the  erection  of 

buildings   for   the   use    of   affiliated    and    other    departments    of   the 

University  of  California.     [Stats.  1895,  p.  69.] 

ACT  4255. 

To  appropriate  one  hundred  and  twenty-five  thousand  dollars  for  the 
erection  of  buildings  for  the  use  of  affiliated  and  other  departments 
of  the  University  of  California,  in  Sau  Francisco.  [Approved  Feb- 
ruary 23,  1897.     Stats.  1897,  p.  14.] 

ACT  4256. 

Concerning  the  medical  department  of.     [Stats.  1881,  p.  24.] 

ACT  4256a. 

An  act  authorizing  the  board  of  regents  of  the  University  of  California 
to  exchange  the  tract  of  land  now  constituting  the  Santa  Monica 
Forestry  Station.     [Approved  March  20,  1905.     Stats.  1905,  p.  369.] 

ACT  4257. 

An  act  to  create  a  department  of  music  in  the  university  of  the  State  of 
California;  to  provide  a  professorship  of  music  and  to  appropriate 
money  therefor.     [Approved  March  22,  1905.     Stats.  1905,  p.  801.] 

ACT  4258. 

An  act  providing  for  the  establishment  and  maintenance  of  a  pathological 
laboratory,  for  the  investigation  of  tree  and  plant  diseases  and  pests, 
and  branch  agricultural  experiment  station,  and  making  an  appro- 
priation therefor.     [Approved  March  18,  1905.     Stats.  1905,  p.  249.] 

ACT  4259. 

An  act  to  provide  for  experiment  and  research  work  in  viticulture,  di- 
recting publication  of  the  results  of  experiments  and  investigations, 
making  an  appropriation  therefor  and  prescribing  the  duties  of  the 
controller  and  treasurer  in  relation  thereto.  [Approved  April  14, 
1909.     Stats.  1909,  p.  866.] 

ACT  4260. 

An  act  to  establish  and  maintain  a  state  hygienic  laboratory  for  bac- 
teriological and  chemical  analysis  for  the  use  of  the  state  board  of 
health,  providing  for  the  appointment  of  a  director  thereof,  and 
assistants;  making  an  appropriation  therefor  and  prescribing  the 
duties  of  the  state  controller  and  state  treasurer  in  relation  thereto. 
[Approved  March  18,  1905.     Stats.  1905,  p.  209.] 

ACT  4261. 

An  act  providing  for  the  purchase  of  a  university  farm  for  the  use  of 
the  college  of  agriculture  of  the  University  of  California;  providing 
for  the   appointment  of  a   commission   to   select  and  purchase   said 


1473  VAGRANCY— VALLEJO.  Acts  4262-4268 

farm,  providir.g  for  a  school  of  agriculture  and  a  system  of  instruc- 
tion on  said  farm  and  appropriating  money  therefor.  [Approved 
March  18,  1905.     Stats.  1905,  p.   131.] 

See    also    Act   of    1907,    p.    58,    appropriating    $132,000    for    buildings,    imple- 
ments, etc.,  for  the  University  farm. 

ACT  4262. 

An  act  making  an  appropriation  for  the  investigation  of  agricultural  and 
horticultural  problems  and  conditions  in  Imperial  County,  and  pro- 
viding for  the  establishment  in  said  county  of  a  branch  agricul- 
tural and  experiment  station  for  the  purpose  of  prosecuting  said 
work.   '  [Approved  April  14,  1909.     Stats.  1909,  p.  865.] 

ACT  4263. 

An  act  to  appropriate  the  sum  of  one  hundred  and  one  thousand  three 
hundred  and  fourteen  dollars  ($101,314)  for  the  use  and  benefit 
of  the  University  of  California,  and  specifying  the  duties  of  the 
controller  and  treasurer  of  state  in  relation  thereto.  [Approved 
April  14,  1909.     Stats.  1909,  p.  862.] 

This  appropriation  was  made  to  replace  and  restore  income  of  University  lost 
through  disaster  and  fire. 

TITLE  543. 
VAGRANCY. 
ACT  4264. 

To   punish   vagrants,   vagabonds   and   dangerous   and   suspicious   persons. 

[Stats.  1855,  p.  217.] 

Amended  1856,  p.  32;  1863,  p.  1770.      Superseded  by  Penal  Code,  §  647. 

TITLE  544. 
VALLEJO. 
ACT  4265. 

Charter  of.     [Stats.  1899,  p.  370.] 
Amended  Stats.  1907,  p.  1245. 
Citations.      Cal.  139/168;   146/397. 

ACT  4266. 

To   incorporate  the   town   of  Vallejo.     [Stats.   1865-6G,  p.  431.] 
Superseded  by  the  charter.   Stats.  1899,  p.  370. 

ACT  4267. 

To  incorporate.     [Stats.  1871-72,  p.  566.] 

Amended  1871-72,  p.   757;    1873-74,  pp.   360,   381;   1875-76,  p.  25;    1877--78, 
>.  39S.      Superseded  by  charter  of  Vallejo,  1899,  p.  370. 

ACT  4268. 

Vallejo    township,    board    of    education,    establishing.     [Stats.    1873-74, 
p.  160.] 
Amended  1875-76,  p.  9. 
Gen.  Laws — 93 


Acts  4273-4284  GENERAL  LAWS.  1474 

The  code  commissioners  say  of  this  act:  "But  if  the  city  of  Vallejo  is  a  part 
thereof,  this  statute  is  modified  or  repealed  by  the  charter  of  that  city,  1899, 
p.  370." 

TITLE  545. 
VENTUEA  COUNTY. 
ACT  4273. 

Creating   and   establishing  boundaries   of.     [Stats.   1871-72,  p.   484.] 
Amended  1873-74,  p.  365,  §  4.      Section  15  repealed  by  Political  Code,  §  791. 

ACT  4274. 

Legal  distances,  defining.     [Stats.  1873-74,  p.  21.] 
Repealed  by  Political  Code,   §  205. 

ACT  4275. 

Fixing  salaries  of  certain  officers  of.     [Stats.  1873-74,  p.  618.] 
Repealed  as  to  county  judges  by  the  constitution  of  1879,  and  as  to  the  other 
offices  by  the  County  Government  Acts:   See  1897,  p.  452. 

ACT  4276. 

Bonds  of  officers  of.     [Stats.  .1877-78,  p.  334.] 
Repealed  by  County  Government  Acts:    See  1897,  p.  475,  §  66. 

TITLE  546. 
VETERANS'  HOME. 
ACT  4281. 
To  provide  for  the  erection  of  a  modern  hospital  for  the  Veterans'  Home 

located  at  Yountville.     [Stats.  1901,  p.  823.] 
ACT  4282. 
To  recognize  the  Veterans'  Home  at  Yountville  as  a  state  home  for  the 
maintenance   of   disabled   soldiers   and   sailors   of  the   United   States 
and   to   designate   an   officer   to   receive   money   appropriated   by   the 
United  States  on  account  of  said  home.     [Stats.  1889,  p.  418.] 
Citations.     App.  8/532,  534. 

ACT  4283. 

To  accept  from  the  Veterans'  Home  Association  the  conveyance  of,  and 
to  vest  the  title  in  the  state  of  California,  to  the  tract  of  land  in 
Napa  County  known  as  the  Veterans'  Home,  with  the  improvements 
and  furnishings  thereon,  to  make  the  same  a  state  home  for  United 
States  soldiers,  sailors,  and  marines,  and  to  provide  for  the  govern- 
ment thereof  by  the  state.  [Approved  March  11,  1897.  Stats.  1897, 
p.  106.] 
Amended  1903,  p.  321;   1905,  p.  471;   1907,  pp.  59,   330. 

ACT  4284. 

Authorizing  associated  veterans  of  Mexican  war  to   exchange  or  leass 
lands.     [Stats.   1871-72,  p.   363.] 
Amended  1881,  p.  66. 


1475  :VETERINARY  SURGERY.  Acts  4285-4293 

ACT  4285. 

To  authorize  directors  of  the  Veterans'  Home  Association  to  exchange 
certain  lands  in  San  Francisco  for  certain  other  property  belonging 
to  said  city  and  county  or  for  a  lease  of  said  property.  [Stats.  1891, 
p.  184.] 

ACT  4286. 

Appropriation    for    support    of    indigent    persons*  residing    in    Veterans' 
Home.     [Stats.   1883,  p.  55.] 
Amended  1887,  p.  6;  1893,  p.  214;  1899,  p.  147;  1901,  p.  275;   1905,  p.  191; 
1907,  p.  193.     The  amendatory    act  of  1907  was  also  repealed  1909,  p.  79. 

ACT  4287. 

To  enable  any  county,  city  and  county,  city  or  town  to  lease  property  to 

any  association  of  veteran  soldiers,  sailors,  or  marines.     [Stats,  1897, 

p.  113.] 

ACT  4288. 

Authorizing  the  state  treasurer  to  pay  over  to  the  treasurer  of  the  Vet- 
erans' Home  Association  moneys  received  by  him  under  an  act  of 
Congress.     [Stats.  1895,  p.  26.] 

ACT  4289. 

An  act  to  authorize  and  provide  for  the  transfer  of  the  Veterans'  Home 
of  California,  its  property,  management,  control  and  support  to  the 
government  of  the  United  States,  its  officers  and  authorities,  to  be 
conducted  as  a  national  home  under  such  laws  as  now  exist  or  which 
may  hereafter  be  enacted  by  Congress;  and  for  the  conveying  of  the 
property  of  said  home,  both  real  and  personal,  belonging  to  the  state 
of  California,  situate  in  Napa  County,  to  the  government  of  the 
United  States,  for  such  purpose.  [Approved  March  20,  1905.  Stats. 
1905,  p.  495.] 

ACT  4290. 

An  act  authorizing  the  directors  of  the  Veterans'  Home  of  California 
to  purchase  and  take  over,  for  the  state  of  California,  to  be  used, 
and  controlled  by  said  board  in  the  interests  of  the  Veterans'  Home 
of  California,  a  certain  piece  of  land  adjoining  the  premises  of  the 
said  Veterans'  Home  of  California  in  the  county  of  Napa,  and  ap- 
propriating the  sum  of  three  thousand  dollars  to  pay  for  the  purchase 
of  the  same.     [Approved  March  18,  1905.     Stats.  1905,  p.  167.] 

TITLE  547. 
VETERINARY   SURGERY. 
ACT  4293. 

An  act  entitled  an  act  to  regulate  the  practice  of  veterinary  medicine 
and  surgery  in  the  state  of  California.     [Approved  March  23,  1893. 
Stats.  1893,  p.  286.] 
Amended  1903,  p.  258. 

The   title   of   the    next    act    states   that   this    act    is    repealed,    but    there    is   no 
mention  of  this  act  in  the  body  of  Act  4294  beyond  a  general  reference  to  it. 


Act  4294,  §§  1,2  GENERAL  LAWS.  1476 

ACT  4294. 

An  act  to  insure  the  1)61161  education  of  practitioners  of  veterinary 
medicine,  and  to  regulate  the  practice  of  veteriuary  medicine  in  the 
state  of  California,  to  provide  for  the  creation  of  a  board  of  five 
members  who  shall  act  under  and  in  accordance  with  the  provisions 
of  this  act;  to  provide  for  their  appointment,  and  define  their  powers, 
duties  and  compensetion;  to  define  offenses  committed  by  acts  done 
contrary  to  the  provisions  of  this  act,  and  providing  penalties  for 
the  violation  thereof;  providing  for  the  revocation  or  suspension, 
in  certain  cases,  of  licenses  issued  hereunder,  and  to  repeal  an  act 
entitled  "An  act  to  regulate  the  practice  of  veterinary  medicine 
and  surgery  in  the  state  of  California,"  approved  March  23,  1893, 
amended  and  approved  March  20,  1903,  and  all  other  laws  in  conflict 
herewith. 

[Approved  March  23,  1907.     Stats.  1907,  p.  919.] 

Board  of  examiners  in  veterinary  medicine.  Term  of  oface.  Removals. 
§  1.  That  there  be,  and  is  hereby,  created  a  board  of  examiners  in 
veterinary  medicine,  to  be  appointed  by  the  governor  of  the  state  of 
California,  which  shall  consist  of  five  reputable  practitioners  of  veter- 
inary medicine  who  shall  have  graduated  from  some  college  authorized 
by  law  to  confer  degrees,  each  of  whom  shall  have  been  a  bona  fide 
resident  of  said  state  for  three  years  last  past  before  appointment,  and 
each,  during  said  period,  shall  have  been  actually  engaged  in  the  prac- 
tice of  his  profession  in  said  state.  The  appointments  first  made  shall 
be  one  for  one  year,  one  for  two  years,  one  for  three  years,  and  two  for 
four  years,  and  thereafter  appointments  shall  be  made  for  a  period  of 
four  years,  except  appointments  to  fill  vacancies,  in  which  case  the  ap- 
pointments shall  be  made  for  the  remainder  of  the  unexpired  terms; 
provided,  that  the  governor  may,  in  his  judgment,  remove  any  member 
of  said  board  for  neglect  of  duty  or  other  sufficient  cause,  after  due. 
notice  and  hearing. 

Organization  of  board.     Official  records.     Bonds  of  officers. 

§2.  That  the  said  board  of  examiners  in  veterinary  medicine  shall 
elect  a  president,  vice-president,  secretary,  and  such  other  officers  as 
shall  be  necessary.  The  secretary  of  said  board  shall  have  power  to 
administer  oaths  or  affirmations  upon  such  matters  as  pertain  to  the 
business  of  said  board,  and  any  person  willfully  making  any  false  oath 
or  affirmation  shall  be  deemed  guilty  of  perjury;  and  said  board  shall 
make,  alter,  or  amend,  subject  to  the  approval  of  the  governor,  such  rules 
and  regulations  as  may  be  necessary  to  carry  into  effect  the  provisions 
of  this  act,  and  shall  hold  such  meetings  as  shall  be  necessary  for  the 
transaction  of  business,  and  shall  issue  all  licenses  to  practice  veterinary 
medicine  in  the  state  of  California.  Said  board  shall  keep  an  official 
record  of  its  meetings,  and  also  an  official  register  of  all  applicants  foi 
licenses,  which  register  shall  show  the  name,  age,  place,  and  duration  of 
residence  of  each  applicant,  the  time  spent  in  the  study  of  veterinary 
medicine  in  and  out  of  medical  schools,  and  the  names  and  locations  of 


1477  VETERINARY   SURGERY.  Act  4294,  §§  3,  4 

all  medical  schools  which  have  granted  said  applicant  any  degree  or 
certificate  of  attendance  upon  lectures,  and  it  shall  also  show  whether 
said  ajiplicant  was  rejected  or  licensed  under  this  act,  and  said  register 
shall  be  prima  facie  evidence  of  all  matters  contained  therein.  The  board 
shall  have  the  power  to  require  any  or  all  officers  of  said  board  to  give  a 
bond  to  the  state  of  California  in  such  form  and  penalty  as  it  may  deem 
proper.  The  said  board  shall  in  the  month  of  July  in  each  year  submit 
to  the  governor  a  full  report  of  its  transactions  during  the  twelve  months 
immediately  preceding. 

Applications  for  license  to  practice.     Application  fee.     Examinations. 

§3.  That  from  and  after  the  passage  of  this  act  all  persons  desiring 
to  practice  veterinary  medicine  or  any  branch  thereof  in  the  state  of 
California,  or  who  shall  desire  to  hold  themselves  out  to  the  public  as 
practicing  veterinary  medicine  or  any  branch  thereof  in  the  state  of 
California,  shall  make  application  to  said  board  of  examiners  in  veter- 
inary medicine  for  a  license  so  to  do.  Application  for  this  purpose  shall 
be  upon  a  form  furnished  by  said  board,  and  shall  be  accompanied  by 
satisfactory  evidence  of  good  moral  character,  and  by  a  diploma  from 
some  veterinary  college  authorized  by  law  to  confer  the  same,  which 
college  shall  require  at  least  two  sessions  of  study  of  veterinary  medi- 
cine of  not  less  than  six  months  each  prior  to  the  issue  of  such  diploma, 
and  graduates  of  two-year  colleges  shall  accompany  their  diplomas  by 
satisfactory  evidence  that  they  have  practiced  veterinary  medicine  for 
five  years  last  past  subsequent  to  the  issue  of  such  diplomas.  Every 
person  applying  to  the  board  of  examiners  in  veterinary  medicine  for 
a  license  to  practice  veterinary  medicine  shall  pay  to  the  board  a  fee  of 
ten  dollars,  which  fee  in  no  case  shall  be  refunded,  and  from  the  fund 
thus  created  the  board  shall  pay  such  necessary  expenses  as  it  may  incur. 
Such  expenses  shall  not  exceed  in  any  one  fiscal  year  the  amount  of 
fees  collected  during  that  period,  but  if  any  balance  remain  after  paying 
all  such  expenses  it  shall  be  paid  into  the  state  school  fund,  except  as 
hereinabove  provided.  Said  board  shall,  by  means  of  examinations, 
ascertain  the  professional  qualifications  of  all  applicants  for  license  to 
practice  veterinary  medicine  in  said  state,  and  shall  issue  such  licenses 
to  all  who  are  found  by  such  examinations  to  be,  in  the  judgment  of 
said  board,  competent  to  so  practice;  and  no  such  license  shall  be  issued 
tc  any  person  who  has  not  so  demonstrated  his  competence,  except  as 
hereinafter  otherwise  provided.  Such  examinations  shall  be  held  in 
January,  April,  July,  and  October  of  each  year,  and  shall  include  all 
such  subjects  as  are  ordinarily  included  in  the  curricula  of  veterinary 
crdleges  in  good  standing,  but  examinations  may  be  held  at  such  other 
times  and  include  such  other  subjects  as  said  board  shall  authorize  and 
direct.  Said  board  shall  number  consecutively  all  applications  received, 
note  upon  each  the  disposition  made  of  it,  and  preserve  the  same  for 
r^iference,  and  shall  number  consecutively  all  licenses  issued. 

Arrangements  with  boards  of  other  states. 

§  4.  That  said  board  of  examiners,  so  far  as  may  be  possible,  shall 
make  arrangements  with  analogous  boards  of  the  several  states  and  terri- 


Act  4294,  §§  5-7  GENERAL  LAWS.  1478 

tories  whereby  due  credit  for  state  and  territorial  licenses  -will  be 
allowed  in  the  state  of  California  to  such  licentiates  of  said  boards  as 
desire  to  secure  licenses  to  practice  veterinary  medicine  in  this  state, 
and  whereby  licentiates  of  the  board  of  examiners  in  veterinary  medicine 
in  the  state  of  California  will  secure  due  credit  for  licenses  issued  by 
said  board  whenever  such  licentiates  desire  to  secure  licenses  to  practice 
veterinary  medicine  in  any  state  or  territory;  but  no  arrangements  shall 
be  made  under  the  provisions  of  this  section  which  will  be  liable  to 
lower  the  standard  of  practice  of  veterinary  medicine  in  the  state  of 
California,  and  no  arrangement  for  the  mutual  recognition  of  licenses 
shall  be  valid  until  it  has  been  approved  by  the  governor  of  the  state 
of  California. 

Appeal  of  applicant  when  license  has  been  refused.    Board  of  review. 

§5.  That  any  person  having  been  examined  by  said  board  of  ex- 
aminers in  veterinary  medicine  and  having  been  refused  a  license  as 
the  result  of  such  examination  may,  within  thirty  days  after  formal 
notification  of  such  refusal,  appeal  from  the  decision  of  said  board. 
Such  appeal  must  be  in  writing,  addressed  to  the  governor  of  the  state 
of  California,  setting  forth  the  ground  upon  which  it  is  based,  and  ac- 
companied by  a  deposit  of  thirty  dollars.  If,  after  examination  of  said 
appeal,  the  governor  deem  it  proper,  he  shall  appoint  a  board  of  review, 
consisting  of  three  practitioners  of  veterinary  medicine  having  qualifi- 
cations similar  to  those  required  of  members  of  the  regular  board  of 
examiners  in  veterinary  medicine,  which  board  shall  review  the  examina- 
tion of  appellant,  and  if  they  deem  necessary  re-examine  him  and  report 
their  finding  to  the  governor;  and  such  finding  shall  be  final  and  bind- 
ing upon  all  parties  concerned,  and  if  favorable  to  the  appellant  the 
bop.rd  of  examiners  in  veterinary  medicine  shall  issue  to  him  a  license 
to  practice  veterinary  medicine  in  said  state.  Each  member  of  said 
board  of  review  shall  be  paid  a  fee  of  not  more  than  ten  dollars  for 
each  candidate  examined,  payment  to  be  made  from  the  deposit  of  the 
appellant  if  the  finding  is  adverse  to  him,  but  otherwise  from  the  funds 
of  the  board  of  examiners.  If  favorable,  the  amount  deposited  shall 
be  returned  to  the  appellant. 

License  must  be  displayed. 

§  6.  That  every  person  practicing  veterinary  medicine  in  the  state 
of  California,  or  representing  himsielf  or  permitting  himself  to  be  repre- 
sented as  so  practicing,  shall  display  or  cause  to  be  displayed  con- 
spicuously in  his  usual  place  of  business  his  license  to  practice  in  said 
state.  Said  place  of  business  shall,  during  all  reasonable  hours,  be  open 
to  inspection  by  any  representative  of  the  police  department  or  of  the 
board  of  examiners  in  veterinary  medicine  of  said  state,  so  far  as  may 
be  necessary  to  examine  such  licenses,  and  it  shall  be  unlawful  for  any 
person  to  interfere  with  any  inspection  made  or  intended  to  be  made 
for  this  purpose. 

Practicing  veterinarian  defined. 

§  7.  That  from  and  after  the  passage  of  this  act  any  person  shall  be 
regarded  as  practicing  veterinary  medicine  in  the  state  of  California  who 


1479  VETERINARY   SURGERY.  Act  4294,  §§  8-10 

shal],  in  said  state,  append  or  cause  to  be  appended  to  his  name  the 
letters  V.  S.,  D.  V.  M.,  V.  M.  D.,  M.  D.  V.,  M.  D.  C,  D.  V.  S.,  or 
M.  R.  C.  V.  S.,  or  the  words  "veterinary,"  "veterinarian,"  "veterinary- 
surgeon,"  or  "veterinary  dentist,"  "veterinary  farrier,"  "veterinary  horse- 
shoer,"  "horse  dentist,"  or  "horse  doctor,"  or  who  shall  prescribe,  advise, 
or  apply  any  drug  or  medicine  or  other  agency,  or  who  shall  per- 
form any  operation  for  the  treatment,  relief,  or  cure  of  any  sick,  diseased, 
or  injured  lower  animal,  or  for  commercial  purposes,  or  who  shall  pub- 
licly profess  to  do  any  of  these  things,  and  shall  charge  or  receive 
therefor  money  or  other  compensation,  directly  or  indirectly;  provided, 
nothing  in  this  act  shall  be  construed  to  prohibit  members  of  the  medical 
profession  from  prescribing  for  domestic  animals  in  case  of  emergency, 
and  collecting  a  fee  therefor,  nor  to  prohibit  gratuitous  services  in  an 
emergency,  nor  to  prevent  any  person  from  practicing  veterinary  medi- 
cine on  any  animal  belonging  to  himself  or  herself. 

Present  rights  not  affected. 

§  8.  That  this  act  shall  not  affect  the  rights  under  the  laws  of  the 
state  of  California  of  veterinarians  to  practice  veterinary  medicine  who 
have  lawful  rights  to  practice  veterinary  medicine  at  the  time  of  the 
passage  of  this  act;  and  provided  further,  that  this  act  shall  not  apply 
to  veterinary  surgeons  in  the  employ  of  the  United  States  army,  nor  to 
regularly  licensed  veterinarians  in  actual  consultation  from  other  states, 
nor  to  regularly  licensed  veterinarians  actually  called  from  other  states 
to  attend  cases  in  the  state  of  California,  but  who  do  not  open  an  office 
or  appoint  a  place  to  do  business  within  said  state,  nor  to  employees  of 
licensed  veterinarians  legally  qualified  to  practice  as  such  under  the 
provisions  of  this   act. 

License  may  be  suspended  or  revoked,  when. 

§  9.  That  the  board  of  examiners  in  veterinary  medicine  hereby 
created  may,  by  a  vote  of  four  members,  revoke  or  suspend  for  a  certain 
time  the  license  of  any  person  to  practice  veterinary  medicine  or  any 
branch  thereof  in  the  state  of  California  after  notice  and  hearing,  for 
any  of  the  following  causes,  namely:  The  employment  of  fraud  or  de- 
ception in  passing  the  examinations  or  in  obtaining  a  license,  chronic 
inebriety,  or  conviction  of  crime  involving  moral  turpitude.  The  form 
of  complaint,  the  form  and  length  of  notice,  and  the  time  and  procedure 
of  hearing  charges  against  any  licensee  for  any  of  the  above  causes  shall 
be  as  near  as  possible  according  to  the  provisions  of  Title  XI  of  the 
Code  of  Civil  Procedure  and  the  president  of  the  board  shall  sign  all 
papers,  writs  and  process. 

Violation  of  act  a  misdemeanor. 

§  10.  That  any  person  who  shall  violate  or  aid  or  abet  in  violating  any 
of  the  provisions  of  this  act  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  punished  by  a  fine  of  not  more  than 
two  hundred  dollars  or  by  imprisonment  in  the  county  jail  for  not  more 
than  six  months,  or  by  both  such  fine  and  imprisonment. 


Acts  4298-4307  GENERAL  LAWS.  1480 

Quorum  of  board. 

§  11.  That  three  members  of  the  board  of  examiners  in  veterinary 
medi  'ine  in  the  state  of  California  shall  constitute  a  quorum  for  the 
transaction  of  business  at  any  meeting  of  the  board,  except  as  pro- 
vided in  section  9  of  this  act. 

§  12.  That  this  act  shall  take  effect  immediately,  and  all  laws  in  con- 
flict with  this  act  are  hereby  repealed. 

TITLE  548. 
VISALIA. 
ACT  4298. 

Incorporating,  and  providing  for  public  schools  therein.     [Stats.  1873-74, 
p.   171.] 
Amended  1875—76,  p.  119.      Superseded  by  incorporating  in  1900,  under  stat- 
ute of  1883. 

ACT  4299. 

[Quieting  title  to  town  lots  in.     Stats.  1877-78,  p.  3C3.] 

TITLE  549. 
VITICULTUEE, 
ACT  4304. 

To  define  and  enlarge  the  powers  and  duties  of  the  state  viticultural 
commissioners,  to  authorize  the  appointment  of  certain  officers,  and 
to  protect  the  interests  of  horticulture  and  agriculture.  [Stats. 
1881,  p.  51.] 

Enlarged  1885,  p.  9.     Repealed  1895,  p.  235. 
Unconstitutional  in  part:   Ex  parte   Cox,   63   Cal.   21. 

ACT  4305. 

To  enlarge  the  duties  of  the  board  of  state  viticultural   commissioners. 
[Stats.  1885,  p.  9.] 
Repealed   1895,  p.  235. 

ACT  4306. 

For  the   promotion   of  the  viticultural  industries  of  the   state.     [Stats. 
1880,   p.   52.] 
Enlarged  1881,  p.  51;   1885,  p.  9.      Certain  sections  repealed  1895,  p.  235. 
This  act  provided  for  the  creation  of  viticultural  districts  and  the  appointment 
of  viticultural  commissioners. 

ACT  4307. 

An  act  for  the  protection  of  the  viticultural  interests  of  the  state,  and 

making  an  appropriation  therefor. 

[Approved  March  26,  1903.     Stats.   1903,  p.  522.] 

§  1.  The  regents  and  the  president  of  the  University  of  California 
are  hereby  directed  to  cause  to  be  prosecuted  with  all  possible  diligence, 


1481  WAGON  ROAD  CORPORATIONS.  Act  4312 

in  connection  with  and  in  addition  to  the  work  heretofore  carried  on 
by  the  agricultural  experiment  station,  experimental  and  research  work 
in  the  field  of  viticulture,  including  both  cultural  and  industrial  pro- 
cesses. They  are  directed  to  ascertain  the  adaptation  of  the  various 
kinds  of  vinos  to  the  several  climatic  and  soil  conditions  of  the  state, 
with  the  special  reference  to  those  stocks  for  propagating  purposes, 
resistant  to  the  phylloxera,  and  to  further  their  adaptability  and  utility  as 
grafting  stocks  for  producing  wine,  raisin  and  table  grapes.  They  are 
directed  to  ascertain  the  best  methods  of  grafting  and  propagating  said 
stocks  and  vines,  together  with  the  most  important  methods  of  vinifiea- 
tion  and  the  preparation,  manufacture  and  application  of  yeasts  in 
vinification  and  distillation.  They  are  further  directed  to  report  upon 
the  utilization  of  the  by-products  of  the  vineyard  and  winery,  the  study 
and  treatment  of  the  vine  diseases  and  all  matters  appertaining  to  the 
viticultural  industry,  pertinent  to  the  successful  conduct  of  the  business 
and  that  may  be  of  general  public  interest,  use  and  profit.  They  are 
further  directed  to  publish  the  result  of  said  experiments  and  investiga- 
tions in  form  of  bulletins  from  time  to  time,  as  may  seem  advisable, 
and  not  less  than  two  bulletins  showing  the  progress  and  result  of  the 
work,  shall  be  issued  in  any  fiscal  year. 

§  2.  The  sum  of  three  thousand  dollars  ($3,000)  is  hereby  appropri- 
ated out  of  any  money  in  the  treasury  not  otherwise  appropriated,  for 
the  purpose  of  carrying  into  effect  the  provisions  of  this  act;  said  money 
to  be  paid  to  the  regents  of  the  University  of  California,  to  be  expended 
by  them  through  the  agricultural  department  of  the  university  during 
the  two  years  beginning  July  1,  1903.  The  controller  of  the  state  is 
hereby  directed  to  draw  his  warrant  for  such  payments  as  requested  by 
said  regents  of  the  state  university  of  California,  and  the  treasurer  of 
the  state  is  hereby  directed  to  pay  the  same. 

§  3.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

TITLE  550. 
WAGON  EOAD  CORPOEATIONS. 
ACT  4312. 

To  provide  for  the  formation  of.     [Stats.  1853,  p.  114.] 
Amended  1856,  p.  71. 
Citations.      Cal.  122/338. 

This  act  was  repealed  by  the  later  act  of  March  12,  1853.  Stats.  1853,  p.  169, 
in  regard  to  the  formation  of  wagon-road  corporations,  being  inconsistent  with 
it:  See  People  ex  rel.  Waugh  v.  Auburn  etc.  Tp.  Co.,  122  Cal.  335. 


Acts  4317-4319  GENERAL  LAWS.  1482 

TITLE  551. 
WAEEHOUSES. 
ACT  4317. 

To  authorize  the  keepers  of  warehouses  to  sell  goods  on  storage  after  a 
certain  period.     [Stats.  1851,  p.   170.] 
This  act  is  probably  superseded  by  the  provisions  of  the  code  relating  to  stor- 
age.     In   the   absence  of  positive  legislation  it  is  difficult  to   determine  what,   if 
any,  part  of  it  is  in  force. 

ACT  4318. 

Eelating  to  warehouse  and  wharfinger  receipts   and  other  matters  per- 
taining thereto.     [Stats.  1877-78,  p.  949.] 
Codified   by  §§  1858-1858f   of   Civil   Code.      See   note   to  §  1858,    Civil   Code. 
See    post,    Acts  4319,    4320. 

Citations.      Cal.  68/609,  610;  75/355;   108/140;   110/359;  111/380;  123/631. 
App.  1/491. 

ACT  4319. 

An  act  concerning  warehouse  receipts,  and  the  issuing,  sale  and  transfer 
thereof,  and  the  sale  of  goods,  wares  and  merchandise  stored  in 
public  or  private  warehouses  in  other  states. 

[Approved  March  20,  1905.     Stats.  1905,  p.  322.] 
See    Civil    Code,  §§  1858-1858f.      See,    also.    Act    of    1909,    p.    437,    regulating 
warehouse  receipts,  post,  Act  4320. 

§  1.  That  it  shall  be  unlawful  for  any  corporation,  firm  or  person, 
their  agents  or  employees,  to  issue,  sell,  pledge,  assign  or  transfer  in 
this  state,  any  receipt,  certificate  or  other  written  instrument  purporting 
to  be  a  warehouse  receipt,  or  in  the  similitude  of  a  warehouse  receipt, 
or  designed  to  be  understood  as  a  warehouse  receipt,  for  goods,  wares 
or  merchandise  stored  or  deposited,  or  claimed  to  be  stored  or  deposited, 
in  any  warehouse,  public  or  private,  in  any  other  state,  unless  such 
receipt,  certificate  or  other  written  instrument,  shall  have  been  issued 
by  the  warehousemen  operating  such  warehouse. 

§  2.  It  shall  be  unlawful  for  any  corporation,  firm  or  person,  their 
agents  or  employees,  to  issue,  sell,  pledge,  assign  or  transfer  in  this  state, 
any  receipt,  certificate  or  other  written  instrument  for  goods,  wares  or 
merchandise  claimed  to  be  stored  or  deposited,  in  any  warehouse,  public 
or  private,  in  any  other  state,  knowing  that  there  is  no  such  warehouse 
located  at  the  place  named  in  such  receipt,  certificate  or  other  written 
instrument,  or  if  there  be  a  warehouse  at  such  place,  knowing  that  there 
are  no  goods,  wares  or  merchandise  stored  or  deposited  therein  as  speci- 
fied in  such  report,  certificate  or  other  written  instrument. 

§3.  It  shall  be  unlawful  for  any  corporation,  firm  or  person,  their 
agents  or  employees,  to  issue,  sign,  sell,  pledge,  assign  or  transfer,  in 
this  state,  any  receipt,  certificate  or  other  written  instrument  evidencing, 
or  purporting  to  evidence,  the  sale,  pledge,  mortgage  or  bailment  of  any 


1483  WAREHOUSES.  Act  4320 

goods,  wares  or  merchandise  stored  or  deposited,  or  claimed  to  be  stored 
or  deposited,  in  any  warehouse,  public  or  private,  in  any  other  state, 
unless  such  receipt,  certificate  or  other  written  instrument  shall  plainly 
designate  the  number  and  location  of  such  warehouse,  and  shall  also  set 
forth  therein  a  full,  true  and  complete  copy  of  the  receipt  issued  by  the 
warehouseman  operating  such  warehouse  wherein  such  goods,  wares  or 
merchandise  are  stored  or  deposited,  or  are  claimed  to  be  stored  or 
deposited:  Provided,  that  the  provisions  of  this  section  shall  not  apply 
to  the  issue,  signing,  sale,  pledge,  assignment  or  transfer  of  bona  fide 
warehouse  receipts  issued  by  the  warehouseman  operating  public  or 
bonded  warehouses  in  other  states,  according  to  the  laws  of  the  state 
wherein  such  warehouses  may  be  located. 

§  4.  Every  corporation,  firm  or  person,  or  agent,  or  employee,  who 
shall  knowingly  violate  any  of  the  provisions  of  this  act,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall  be  fined  in 
any  sum  not  less  than  fifty  nor  more  than  one  thousand  dollars,  to  which 
may  be  added  imprisonment  in  the  county  jail  for  any  period  not  ex- 
ceeding six  months. 

ACT  4320. 

An  act  to  make  .uniform  the  law  of  warehouse  receipts. 
[Approved  March  19,  1909.     Stats.  1909,  p.  437.] 

Receipts,  who  may  issue. 

§  1.     Warehouse  receipts  may  be  issued  by  any  warehouseman. 

What  receipt  must  embody.     Liability  for  omission. 

§  2.  Warehouse  receipts  need  not  be  in  any  particular  form,  but 
every  such  receipt  must  embody  within  its  written  or  printed  terms — 

(a)  The  location  of  the  warehouse  where  the  goods  are  stored, 

(b)  The  date  of  issue  of  the  receipt, 

(c)  The  consecutive  number  of  the  receipt, 

(d)  A  statement  whether  the  goods  received  will  be  delivered  to  the 
bearer,  or  to  a  specified  person,  or  to  a  specified  person  or  his  order, 

(e)  The  rate  of  storage  charges, 

(f)  A  description  of  the  goods  or  of  the  packages  containing  them. 

(g)  The  signature  of  the  warehouseman,  which  may  be  made  by  his 
authorized  agent, 

(h)  If  the  receipt  is  issued  for  goods  of  which  the  warehouseman  is 
owner,  either  solely  or  jointly  or  in  common  with  others,  the  fact  of 
such  ownership,  and 

(i)  A  statement  of  the  amount  of  advances  made  and  of  liabilities 
incurred  for  which  the  warehouseman  claims  a  lien.  If  the  precise 
amount  of  such  advances  made  or  of  such  liabilities  incurred  is,  at  the 
time  of  the  issue  of  the  receipt,  unknown  to  the  warehouseman  or  to 
his  agent  who  issues  it,  a  statement  of  the  fact  that  advances  have 
been  made  or  liabilities  incurred  and  the  purpose  thereof  is  sufficient. 


Act  4320,  §§  3-8  GENERAL  LAWS.  1434 

A  warehouseman  shall  be  liable  to  any  person  injured  thereby,  for  all 
damage  caused  by  the  omission  from  a  negotiable  receipt  of  any  of  the 
terms  herein  required. 

Insertion  of  other  conditions. 

§3.  A  warehouseman  may  insert  in  a  receipt,  issued  by  him,  any 
other  terms  and  conditions,  provided  that  such  terms  and  conditions  shall 
not— 

(a)  Be  contrary  to  the  provisions  of  this  act. 

(b)  In  anywise  impair  his  obligation  to  exercise  that  degree  of  care 
in  the  safekeeping  of  the  goods  intrusted  to  him  which  a  reasonably 
careful  man  would  exercise  in  regard  to  similar  goods  of  his  own. 

Non-negotiable  receipt. 

§  4.  A  receipt  in  which  it  is  stated  that  the  goods  received  will  be 
delivered  to  the  depositor,  or  to  any  other  specified  person,  is  a  non- 
negotiable  receipt. 

Negotiable  receipt. 

§  5.  A  receipt  in  which  it  is  stated  that  the  goods  received  will  be 
delivered  to  the  bearer,  or  to  the  order  of  any  person  named  in  such 
receipt  is  a  negotiable  receipt.  No  provision  shall  be  inserted  in  a 
negotiable  receipt  that  is  non-negotiable.  Such  provision,  if  inserted, 
shall  be  void. 

Duplicates  shall  be  so  marked. 

§  6.  When  more  than  one  negotiable  receipt  is  issued  for  the  same 
goods,  the  word  "duplicate"  shall  be  plainly  placed  upon  the  face  of  every 
such  receipt,  except  the  one  first  issued.  A  warehouseman  shall  be 
liable  for  all  damage  caused  by  his  failure  so  to  do  anyone  who  pur- 
chased the  subsequent  receipt  for  value  supposing  it  to  be  an  original. 
even  though  the  purchase  be  after  the  delivery  of  the  goods  by  the 
warehouseman  to  the  holder  of  the  original  receipt. 

Non-negotiable  shall  be  marked. 

§  7.  A  non-negotiable  receipt  shall  have  plainly  placed  upon  its  face 
by  the  warehouseman  issuing  it,  "non-negotiable,"  or  "not  negotiable." 
In  case  of  the  warehouseman's  failure  so  to  do,  a  holder  of  the  receipt 
who  purchased  it  for  value  supposing  it  to  be  negotiable,  may,  at  his 
option,  treat  such  receipt  as  imposing  upon  the  warehouseman  the  same 
liabilities  he  would  have  incurred  had  the  receipt  been  negotiable. 

This  section  shall  not  apply,  however,  to  letters,  memoranda,  or  written 
acknowledgments  of  an  informal  character. 

Rights  of  holder  of  receipt. 

§  8.  A  warehouseman,  in  the  absence  of  some  lawful  excuse  pro- 
vided by  this  act,  is  bound  to  deliver  the  goods  upon  a  demand  made 
either  by  the  holder  of  a  receipt  for  the  goods  or  by  the  depositor,  if  such 
demand  is  accompanied  with — 

(a)   An  offer  to  satisfy  the  warehouseman's  lien, 


1485  WAREHOUSES.  Act  4320,  5  §  9-12 

(b)  An  offer  to  surrencler  the  receipt  if  negotiable,  with  such  indorse- 
ments as  would  be  necessary  for  the  negotiation  of  the  receipt,  and 

(c)  A  readiness  and  willingness  to  sign,  when  the  goods  are  delivered, 
an  acknowledgment  that  they  have  been  delivered,  if  such  signature  is 
requested  by  the  warehouseman. 

In  case  the  warehouseman  refuses  or  fails  to  deliver  the  goods  in 
compliance  with  a  demand  by  the  holder  or  depositor  so  accompanied, 
the  burden  shall  be  upon  the  warehouseman  to  establish  the  existence 
of  a  lawful  excuse  for  such  refusal. 

When  warehouseman  justified  in  delivering  goods. 

§  9.  A  warehouseman  is  justified  in  delivering  the  goods  subject  to  the 
provisions  of  the  three  following  sections,  to  one  who  is — 

(a)  The  person  lawfully  entitled  to  the  possession  of  the  goods,  or  his 
agent, 

(b)  A  person  who  is  either  himself  entitled  to  delivery  by  the  terms  of 
a  non-negotiable  receipt  issued  for  the  goods,  or  who  has  written  author- 
ity from  the  person  so  entitled  either  indorsed  upon  the  receipt  or 
written  upon  another  paper,  or 

(c)  A  person  in  possession  of  a  negotiable  receipt  by  the  terms  of 
which  the  goods  are  deliverable  to  him  or  order  or  to  bearer,  or  which 
has  been  indorsed  to  him  or  in  blank  by  the  person  to  whom  delivery 
was  promised  by  the  terms  of  the  receipt  or  by  his  mediate  or  immediate 
indorsee. 

YiThen  warehouseman  liable. 

§  10.  Where  a  warehouseman  delivers  the  goods  to  one  who  is  not  in 
fact  lawfully  entitled  to  the  possession  of  them,  the  warehouseman  shall 
be  liable  as  for  conversion  to  all  having  a  right  of  property  or  possession 
in  the  goods  if  he  delivered  the  goods  otherwise  than  as  authorized  by 
subdivisions  (b)  and  (c)  of  the  preceding  section  and  though  he  delivered 
the  goods  as  authorized  by  said  subdivision  he  shall  be  so  liable,  if  prior 
to  such  delivery  he  had  either 

(a)  Been  requested,  by  or  on  behalf  of  the  person  lawfully  entitled  to 
a  right  of  property  or  possession  in  the  goods,  not  to  make  such  delivery, 
or 

(b)  Had  information  that  the  delivery  about  to  be  made  was  to  one 
not  lawfully  entitled  to  the  possession  of  the  goods. 

Same. 

§  11.  Except  as  provided  in  section  36,  where  warehouseman  delivers 
goods  for  which  he  had  issued  a  negotiable  receipt,  the  negotiation  of 
which  would  transfer  the  right  to  the  possession  of  the  goods,  and  fails 
to  take  up  and  cancel  the  receipt,  he  shall  be  liable  to  anyone  who  pur- 
chases for  value  in  good  faith  such  receipt,  for  failure  to  deliver  the 
goods  to  him,  whether  such  purchaser  acquired  title  to  the  receipt  before 
or  after  the  delivery  of  the  goods  by  the  warehouseman. 


§  12.     Except  as  provided  in  section  36,  where  a  warehouseman  delivers 
part  of  the  goods  for  which  he  had  issued  si  negotiable  receipt  and  fails 


Act  4320,  §§  13-15  GENERAL  LAWS.  1*86 

either  to  take  up  and  cancel  such  receipt,  or  to  place  plainly  upon  it 
a  statement  of  what  goods  or  packages  have  been  delivered  he  shall  be 
liable,  to  anyone  who  purchases  for  value  in  good  faith  such  receipt,  for 
failure  to  deliver  all  the  goods  specified  in  the  receipt,  whether  such 
purchaser  acquired  title  to  the  receipt  before  or  after  the  delivery  of 
any  portion  of  the  goods  by  the  warehouseman. 

Alteration  of  receipt,  no  excuse  from  liability.     Fraudulent  alteration. 

§  13.  The  alteration  of  a  receipt  shall  not  excuse  the  warehouseman 
who  issued  it  from  any  liability  if  such  alteration  was 

(a)  Immaterial, 

(b)  Authorized,  or 

(c)  Made  without  fraudulent  intent. 

If  the  alteration  was  authorized,  the  warehouseman  shall  be  liable 
according  to  the  terms  of  the  receipt  as  altered.  If  the  alteration  was 
unauthorized,  but  made  without  fraudulent  intent,  the  warehouseman 
shall  be  liable  according  to  the  terms  of  the  receipt,  as  they  were  before 
alteration. 

Material  and  fraudulent  alteration  of  a  receipt  shall  not  excuse  the 
warehouseman  who  issued  it  from  liability  to  deliver,  according  to  the 
terms  of  the  receipt  as  originally  issued,  the  goods  for  which  it  was 
issued,  but  shall  excuse  him  from  any  other  liability  to  the  person  who 
made  the  alteration  and  to  any  person  who  took  with  notice  of  the 
alteration.  Any  purchaser  of  the  receipt  for  value  without  notice  of 
the  alteration  shall  acquire  the  same  rights  against  the  warehouseman 
which  such  purchaser  would  have  acquired  if  the  receipt  had  not  been 
altered  at  the  time  of  the  purchase. 

Delivery  when  receipt  is  lost,  how. 

§  14.  Where  a  negotiable  receipt  has  been  lost  or  destroyed,  a  court 
of  competent  jurisdiction  may  order  the  delivery  of  the  goods  upon  satis- 
factory proof  of  such  loss  or  destruction  and  upon  the  giving  of  a  bond 
with  sufficient  sureties  to  be  approved  by  the  court  to  protect  the  ware- 
houseman from  any  liability  or  expense,  which  he  or  any  person  by  such 
delivery  may  incur  by  reason  of  the  original  receipt  remaining  out- 
standing. The  court  may  also  in  its  discretion  order  the  payment  of  the 
warehouseman's  reasonable  costs  and  counsel  fees. 

The  delivery  of  the  goods  under  an  order  of  the  court  as  provided  in 
this  section,  shall  not  relieve  the  warehouseman  from  liabilities  to  a  per- 
son to  whom  the  negotiable  receipt  has  been  or  shall  be  negotiated  for 
value  without  notice  of  the  proceedings  or  of  the  delivery  of  the  goods. 

Word  "duplicate"  is  warranty. 

§  15.  A  receipt  upon  the  face  of  which  the  word  "duplicate"  is  plainly 
placed  is  a  representation  and  warranty  by  the  warehouseman  that  such 
receipt  is  an  accurate  copy  of  an  original  receipt  properly  issued  and 
uncanceled  at  the  date  of  the  issue  of  the  duplicate,  but  shall  impose 
upon  h/im  no  other  liability. 


1487  WAREHOUSES.  Act  4320,  §§  16-21 

Title  of  warehouseman. 

§  16.  No  title  or  right  to  the  possession  of  the  goods,  on  the  part  of 
the  warehouseman,  unless  such  title  or  right  is  derived  directly  or  in- 
directly from  a  transfer  made  by  the  depositor  at  the  time  of  or  subse- 
quent to  the  deposit  for  storage,  or  from  the  warehouseman's  lien,  shall 
excuse  the  warehouseman  from  liability  for  refusing  to  deliver  the  goods 
according  to  the  terms  of  the  receipt. 

Claimants  may  interplead. 

§  17.  If  more  than  one  person  claim  the  title  or  possession  of  the 
goods,  the  warehouseman  may,  either  as  a  defense  to  an  action  brought 
against  him  for  nondelivery  of  the  goods,  or  as  an  original  suit,  which- 
ever is  appropriate,  require  all  known   claimants  to  interplead. 

Refusal  to  deliver,  excuse  from  liability. 

§  18.  If  some  one  other  than  the  depositor  or  person  claiming  under 
him  has  a  claim  to  the  title  or  possession  of  the  goods,  and  the  ware- 
houseman has  information  of  such  claim,  the  warehouseman  shall  be 
excused  from  liability  for  refusing  to  deliver  the  goods,  either  to  the 
depositor  or  person  claiming  under  him  or  to  the  adverse  claimant,  until 
the  warehouseman  has  had  a  reasonable  time  to  ascertain  the  validity 
of  the  adverse  claim  or  to  bring  legal  proceedings  to  compel  all  claimants 
to  interplead.  If  such  adverse  claimant  shall  not  bring  suit  and  serve 
summons  on  the  warehouseman  within  forty-eight  hours  after  the  service 
of  notice  of  his  adverse  claim,  such  failure  shall  act  as  a  complete 
abandonment  of  such  adverse  claim. 

Rights  of  third  persons. 

§  19.  Except  as  provided  in  the  two  preceding  sections  and  in  sec- 
tions 9  and  36,  no  right  or  title  of  a  third  person  shall  be  a  defense  to 
an  action  brought  by  the  depositor  or  person  claiming  under  him  against 
the  warehouseman  for  failure  to  deliver  the  goods  according  to  the  terms 
of  the  receipt. 

Goods  must  correspond  with  description. 

§  20.  A  warehouseman  shall  be  liable  to  the  holder  of  a  receipt  for 
damages  caused  by  the  nonexistence  of  the  goods  or  by  the  failure  of 
the  goods  to  correspond  with  the  description  thereof  in  the  receipt  at 
the  time  of  its  issue.  If,  however,  the  goods  are  described  in  a  receipt 
merely  by  a  statement  of  marks  or  labels  upon  them,  or  upon  packages 
containing  them,  or  by  a  statement  that  the  goods  are  said  to  be  goods 
of  a  certain  kind,  or  that  packages  containing  the  goods  are  said  to  con- 
tain goods  of  a  certain  kind,  or  by  words  of  like  purport,  such  state- 
ments, if  true,  shall  not  make  liable  the  warehouseman  issuing  the  receipt, 
although  the  goods  are  not  of  the  kind  which  the  marks  or  labels  upon 
them  indicate,  or  of  the  kind  they  were  said  to  be  by  the  depositor. 

Injury  to  goods. 

§  21.  A  warehouseman  shall  be  liable  for  any  loss  or  injury  to  the 
goods  caused  by  his  failure  to  exercise  such  care  in  regard  to  them  as 


Act  4320,  §§  22-27  GENERAL  LAWS,  1488 

a  reasonably  careful  owner  of  similar  goods  would  exercise,  but  he  shall 
not  be  liable,  in  the  absence  of  an  agreement  to  the  contrary,  for  any 
loss  or  injury  to  the  goods  which  could  not  have  been  avoided  by  the 
exercise  of  such  care. 

Goods  must  be  kept  separate. 

§22.  Except  as  provided  in  the  following  -section,  a  warehouseman 
shall  keep  the  goods  so  far  separate  from  goods  of  other  depositors,  and 
from  other  goods  of  the  same  depositor  for  which  a  separate  receipt  has 
been  issued,  as  to  permit  at  all  times  the  identification  and  redelivery 
of  the  goods  deposited. 

Certain  may  be  mingled. 

§23.  If  authorized  by  agreement  or  by  custom,  a  warehouseman  may 
mingle  fungible  goods  with  other  goods  of  the  same  kind  and  grade. 
In  such  case  the  various  depositors  of  the  mingled  goods  shall  own  the 
entire  mass  in  common,  and  each  depositor  shall  be  entitled  to  such  por- 
tion thereof  as  the  amount  deposited  by  him  bears  to  the  whole. 

Care  of  mingled  goods. 

§24.  The  warehouseman  shall  be  severally  liable  to  each  depositor  for 
the  care  and  redelivery  of  his  share  of  such  mass  to  the  same  extent  and 
under  the  same  circumstances   as  if  the  goods  had  been  kept  separate. 

Attachments,  surrender  of  receipt, 

§  25.  If  goods  are  delivered  to  a  warehouseman  by  the  owner  or  by  a 
person  whose  act  in  conveying  the  title  to  them  to  a  purchaser  in  good 
faith  for  value  would  bind  the  owner,  and  a  negotiable  receipt  is  issued 
for  them,  they  cannot  thereafter,  while  in  the  possession  of  the  ware- 
houseman, be  attached  by  garnishment  or  otherwise,  or  be  levied  upon 
under  an  execution,  unless  the  receipt  be  first  surrendered  to  the  ware- 
houseman, or  its  negotiation  enjoined.  The  warehouseman  shall  in  no 
case  be  compelled  to  deliver  up  the  actual  possession  of  the  goods  until 
the  receipt  is  surrendered  to  him  or  impounded  by  the  court. 

Creditors'  right  to  injunction, 

§26.  A  creditor  whose  debtor  is  the  owner  of  a  negotiable  receipt 
shall  be  entitled  to  such  aid  from  courts  of  appropriate  jurisdiction,  by 
injunction  or  otherwise,  in  attaching  such  receipt  or  in  satisfying  the 
claim  by  means  thereof  as  is  allowed  at  law  or  in  equity,  in  regard  to 
property  which  can  not  readily  be  attached  or  levied  upon  by  ordinary 
legal  process. 

Lien  for  lawful  charges, 

§  27.  Subject  to  the  provisions  of  section  30,  a  warehouseman  shall 
have  a  lien  on  goods  deposited  or  on  the  proceeds  thereof  in  his  hands, 
for  all  lawful  charges  for  storage  and  preservation  of  the  goods;  also 
for  all  lawful  claims  for  money  advanced,  interest,  insurance,  transporta- 
tion, labor,  weighing,  coopering  and  other  charges  and  expenses  in 
relation   to   such   goods;    also   for   all    reasonable   charges   and   expenses 


1489  WAREHOUSES.  Act  4320,  §§  28-33 

for  notice,  and  advertisements  of  sale,  and  for  sale  of  the  goods  where 
default  has  been  made  in  satisfying  the  warehouseman's  lieu. 

Lien  may  be  enforced  against  what. 

§  28.  Subject  to  the  provisions  of  section  30,  a  warehouseman's  lien 
may  be  enforced — 

(a)  Against  all  goods,  whenever  deposited,  belonging  to  the  person 
who  is  liable  as  debtor  for  the  claims  in  regard  to  which  the  lien  is 
assessed,  and 

(b)  Against  all  goods  belonging  to  others  which  have  been  deposited 
at  any  time  by  the  person  who  is  liable  as  debtor  for  the  claims  in 
regard  to  which  the  lien  is  asserted,  if  such  person  has  been  so  intrusted 
with  the  possession  of  the  goods  that  a  pledge  of  the  same  by  him  at  the 
time  of  the  deposit  to  one  who  took  the  goods  in  good  faith  for  value 
would  have  been  valid. 

Loss  of  lien,  when. 

§29.     A  warehouseman  loses  his  lien  upon  goods — 

(a)  By.  surrendering   possession   thereof,    or 

(b)  By  refusing  to  deliver  the  goods  when  a  demand  is  made  with 
which  he  is  bound  to  comply  under  the  provisions  of  this  act. 

Charges  for  storage,  lien  for. 

§  30.  If  a  negotiable  receipt  is  issued  for  goods,  the  warehouseman 
shall  have  no  lien  thereon,  except  for  charges  for  storage  of  those  goods 
subsequent  to  the  date  of  the  receipt,  unless  the  receipt  expressly  enumer- 
ates other  charges  for  which  a  lien  is  claimed.  In  such  case  there  shall 
be  a  lien  for  the  charges  enumerated  so  far  as  the}^  are  within  the  terms 
of  section  27,  although  the  amount  of  the  charges  so  enumerated  is  not 
stated  in  the  receipt. 

Goods  may  be  held. 

§31.  A  warehouseman  having  a  lien  valid  against  the  person  demand- 
ing the  goods  may  refuse  to  deliver  the  goods  to  him  until  the  lien  is 
satisfied. 

Warehouseman  entitled  to  remedy. 

§32.  Whether  a  warehouseman  has  or  has  not  a  lien  upon  the  goods, 
he  is  entitled  to  all  remedies  allowed  by  law  to  a  creditor  against  his 
debtor,  for  the  collection  from  the  depositor  of  all  charges  and  advances 
which  the  depositor  has  expressly  or  impliedly  contracted  with  the  ware- 
houseman to  pay. 

How  lien  may  be  satisfied.    Sale  of  goods  at  auction. 

§  33.  A  warehouseman's  lien  for  a  claim  which  has  become  due  may 
be  satisfied  as  follows: 

The  warehouseman  shall  give  a  written  notice  to  the  person  on  whose 
account  the  goods  are  held,  and  to  any  other  person  known  by  the  ware- 
houseman to  claim  an  interest  in  the  goods.  Such  notice  shall  be  given 
by  delivery  in  person  or  by  registered  letter  addressed  to  the  last  known 
Gen.  Laws — 94 


Act  4320.  i  34  GENERAL  LAWS.  1490 

place  of  business  or  abode  of  the  person  to  be  notified.     Tlie  notice  shall 
contain — 

(a)  An  itemized  statement  of  the  warehouseman's  claim,  showing  the 
Bum  due  at  the  time  of  the  notice  and  the  date  or  dates  when  it  became 
due, 

(b)  A  brief  description  of  the  goods  against  which  the  lien  exists, 

(c)  A  demand  that  the  amount  of  the  claim  as  stated  in  the  notice, 
and  of  such  further  claim  as  shall  accrue  shall  be  paid  on  or  before  the 
day  mentioned,  not  less  than  ten  days  from  the  delivery  of  the  notice 
if  it  is  personally  delivered,  or  from  the  time  when  the  notice  should 
reach  its  destination,  according  to  the  due  course  of  post,  if  the  notice 
is  sent  by  mail,  and 

(d)  A  statement  that  unless  the  claim  is  paid  within  the  time  specified 
the  goods  will  be  advertised  for  sale  and  sold  by  auction  at  a  specified 
time  and  place. 

In  accordance  with  the  terms  of  a  notice  so  given,  a  sale  of  the  goods 
by  auction  may  be  had  to  satisfy  any  valid  claim  of  the  warehouseman 
for  which  he  has  a  lien  on  the  goods.  The  sale  shall  be  had  in  the  place 
where  the  lien  was  acquired,  or,  if  such  place  is  manifestly  unsuitable 
for  the  purpose,  at  the  nearest  suitable  place.  After  the  time  for  the 
payment  of  the  claim  specified  in  the  notice  to  the  depositor  has  elapsed, 
an  advertisement  of  the  sale,  describing  the  goods  to  be  sold,  and  stating 
the  name  of  the  owner  or  person  on  whose  account  the  goods  are  held, 
and  the  time  and  place  of  the  sale,  shall  be  published  once  a  week  for 
two  consecutive  weeks  in  a  newspaper  published  in  the  place  where  such 
sale  is  to  be  held.  The  sale  shall  not  be  held  less  than  fifteen  days  from 
the  time  of  the  first  publication.  If  there  is  no  newspaper  published  in 
such  place,  the  advertisement  shall  be  posted  at  least  ten  days  before 
such  sale  in  not  less  than  six  conspicuous  places  therein. 

From  the  proceeds  of  such  sale  the  warehouseman  shall  satisfy  his 
lien,  including  the  reasonable  charges  of  notice,  advertisement  and  sale. 
The  balance,  if  any,  of  such  proceeds  shall  be  held  by  the  warehouseman, 
and  delivered  on  demand  to  the  person  to  whom  he  would  have  been 
bound  to  deliver  or  justified  in  delivering  the  goods. 

At  any  time  before  the  goods  are  sold  any  person  claiming  a  right  of 
property  or  possession  therein  may  pay  the  warehouseman  the  amount 
necessary  to  satisfy  his  lien  and  pay  the  reasonable  expenses  and  lia- 
bilities incurred  in  serving  notices  and  advertising  and  preparing  for 
the  sale  up  to  the  time  of  such  payment.  The  warehouseman  shall  de- 
liver the  goods  to  the  person  making  such  payment  if  he  is  a  person 
entitled,  under  the  provisions  of  this  act,  to  the  possession  of  the  goods 
on  payment  of  charges  thereon.  Otherwise  the  warehouseman  shall  re- 
tain possession  of  the  goods  according  to  the  terms  of  the  original  con- 
tract of  deposit. 

Perishable  goods. 

§  34.  If  goods  are  of  a  perishable  nature,  or  by  keeping  will  deter- 
iorate greatly   in  value,   or  by   their   odor,   leakage,   inflammability,   or 


1491  WAREHOUSES.  Act  4320,  §§  35-38 

erplosive  nature,  will  be  liable  to  injure  other  property,  the  warehouse- 
man may  give  such  notice  to  the  owner,  or  to  the  person  in  whose  name 
the  goods  are  stored,  as  is  reasonable  and  possible  under  the  circum- 
stances, to  satisfy  the  lien  upon  such  goods,  and  to  remove  them  from 
the  warehouse,  and  in  the  event  of  the  failure  of  such  person  to  satisfy 
the  lien  and  to  remove  the  goods  within  the  time  so  specified,  the  ware- 
houseman may  sell  the  goods  at  public  or  private  sale  without  adver- 
tising. If  the  warehouseman  after  a  reasonable  effort  is  unable  to  sell 
such  goods,  he  may  dispose  of  them  in  any  lawful  manner,  and  shall  incur 
no  liability  by  reason  thereof.  The  proceeds  of  any  sale  made  under 
the  terms  of  this  section  shall  be  disposed  of  in  the  same  way  as  the 
proceeds  of  sales  made  under  the  terms  of  the  preceding  section. 

Other  remedies. 

§  35.  The  remedy  for  enforcing  a  lien  herein  provided  does  not  pre- 
clude any  other  remedies  allowed  by  law  for  the  enforcement  of  a  lien 
against  personal  property  nor  bar  the  right  to  recover  so  much  of  the, 
warehouseman's  claim  as  shall  not  be  paid  by  the  proceeds  of  the  sale  of 
the  property. 

Warehouseman's  liability  ceases,  when. 

§  36.  After  goods  have  been  lawfully  sold  to  satisfy  a  warehouseman's 
lien,  or  have  been  lawfully  sold  or  disposed  of  because  of  their  perish- 
able or  hazardous  nature,  the  warehouseman  shall  not  thereafter  be  liable 
for  failure  to  deliver  the  goods  to  the  depositor,  or  owner  of  the  goods, 
or  to  a  holder  of  the  receipt  given  for  the  goods  when  they  were  de- 
posited, even  if  such  receipt  be  negotiable. 

How  negotiable  receipt  may  be  negotiated. 

§  37.     A  negotiable  receipt  may  be  negotiated  by  delivery — 

(a)  "Where,  by  the  terms  of  the  receipt,  the  warehouseman  undertakes 
to  deliver  the  goods  to  the  bearer,  or 

(b)  Where,  by  the  terms  of  the  receipt,  the  warehouseman  undertakes 
to  deliver  the  goods  to  the  order  of  a  specified  person,  and  such  person 
or  a  subsequent  indorsee  of  the  receipt  has  indorsed  it  in  blank  or  to 
bearer. 

Where,  by  the  terms  of  a  negotiable  receipt,  the  goods  are  deliverable 
to  bearer  or  where  a  negotiable  receipt  has  been  indorsed  in  blank  or 
to  bearer,  any  holder  may  indorse  the  same  to  himself  or  to  any  other 
specified  person,  and  in  such  case  the  receipt  shall  thereafter  be  nego- 
tiated only  by  the  indorsement  of  such  indorsee. 

Same. 

§  38.  A  negotiable  receipt  may  be  negotiated  by  the  indorsement  of 
the  person  to  whose  order  the  goods  are,  by  the  terms  of  the  receipt, 
deliverable.  Such  indorsement  may  be  in  blank,  to  bearer  or  to  a  speci- 
fied person.  If  indorsed  to  a  specified  person,  it  may  be  again  negotiated 
by  the  indorsement  of  such  person  in  blank,  to  bearer  or  to  another 
specified  person.     Subsequent  negotiations  may  be  made  in  like  manner. 


Act  4320,  §§  39-43  GENERAL  LAWS.  1492 

Same. 

§  39,  A  receipt  which  is  not  in  such  form  that  it  can  be  negotiated 
by  delivery  may  be  transferred  by  the  holder  by  delivery  to  a  purchaser 
or  donee. 

A  non-negotiable  receipt  can  not  be  negotiated,  and  the  indorsement 
of  such  a  receipt  gives  the  transferee  no  additional  right. 

By  whom  may  be  negotiated. 

§  40.     A  negotiable  receipt  may  be  negotiated — • 

(a)  By  the  owner  thereof,  or 

(b)  By  any  person  to  whom  the  possession  or  custody  of  the  receipt 
has  been  intrusted  by  the  owner,  if,  by  the  terms  of  the  receipt,  the 
warehouseman  undertakes  to  deliver  the  goods  to  the  order  of  the  person 
to  whom  the  possession  or  custody  of  the  receipt  has  been  intrusted,  or 
if  at  the  time  of  such  intrusting  the  receipt  is  in  such  form  that  it  may 
be  negotiated  by  delivery. 

What  is  acquired  by  negotiation. 

§  41.  A  person  to  whom  a  negotiable  receipt  has  been  duly  negotiated 
acquires  thereby — 

(a)  Such  title  to  the  goods  as  the  person  negotiating  the  receipt  to 
him  had  or  had  ability  to  convey  to  a  purchaser  in  good  faith  for  value, 
and  also  such  title  to  the  goods  as  the  depositor  or  person  to  whose  order 
the  goods  were  to  be  delivered  by  the  terms  of  the  receipt  had  or  had 
ability  to  convey  to  a  purchaser  in  good  faith  for  value,  and 

(b)  The  direct  obligation  of  the  warehouseman  to  hold  possession  of 
the  goods  for  him  according  to  the  terms  of  the  receipt  as  fully  as  if 
the  warehouseman  had  contracted  directly  with  him. 

What  is  acquired  by  transfer  of  receipt. 

§  42.  A  person  to  whom  a  receipt  has  been  transferred  but  not  nego- 
tiated, acquires  thereby,  as  against  the  transferrer,  the  title  to  the  goods, 
subject  to  the  terms  of  any  agreement  with  the  transferrer. 

If  the  receipt  is  non-negotiable  such  person  also  acquires  the  right  to 
notify  the  warehouseman  of  the  transfer  to  him  of  such  receipt,  and 
thereby  to  acquire  the  direct  obligation  of  the  warehouseman  to  hold 
possession  of  the  goods  for  him  according  to  the  terms  of  the  receipt. 

Prior  to  the  notification  of  the  warehouseman  by  the  transferrer  or 
transferee  of  a  non-negotiable  receipt,  the  title  of  the  transferee  to  the 
goods  and  the  right  to  acquire  the  obligation  of  the  warehouseman  may 
be  defeated  by  the  levy  of  an  attachment  or  execution  upon  the  goods 
by  a  creditor  of  the  transferrer,  or  by  a  notification  to  the  warehouseman 
by  the  transferrer  or  a  subsequent  purchaser  from  the  transferrer  of  a 
subsequent  sale  of  the  goods  by  the  transferrer. 

Transferee  acquires,  what. 

§  43.  Where  a  negotiable  receipt  is  transferred  for  value  by  delivery, 
and  the  indorsement  of  the  transferrer  is  essential  for  negotiation,  the 
transferee  acquires  a  right  against  the  transferrer  to  compel  him  to  in- 


1493  WAREHOUSES.  Act  4320,  §§  44-4P 

dorse  the  receipt,  unless  a  contrary  intention  appears.     The  negotiation 
shall  take  effect  as  of  the  time  when  the  indorsement  is  actually  made. 

•Transferrer  warrants,  what. 

§44.  A  person  who  for  value  negotiates  or  transfers  a  receipt  by 
indorsement  or  delivery,  including  one  who  assigns  for  value  a  claim 
secured  by  a  receipt,  unless  a  contrary  intention  appears,  warrants — 

(a)  That  the  receipt  is  genuine, 

(b)  That  he  has  a  legal  right  to  negotiate  or  transfer  it, 

(c)  That  he  has  knowledge  of  no  fact  which  would  impair  the  validity 
or  worth  of  the  receipt,  and 

(d)  That  he  has  a  right  to  transfer  the  title  to  the  goods,  and  that 
the  goods  are  merchantable  or  fit  for  a  particular  purpose  whenever  such 
warranties  would  have  been  implied,  if  the  contract  of  the  parties  had 
been  to  transfer  without  a  receipt  the  goods  represented  thereby, 

Ijiability  of  indorser. 

§  45.  The  indorsement  of  a  receipt  shall  not  make  the  indorser  liable 
for  any  failure  on  the  part  of  the  warehouseman  or  previous  indorsers 
of  the  receipt  to  fulfill  their  respective  obligations 

Mortgagee's  warrant. 

§  46.  A  mortgagee,  pledgee  or  holder  for  security  of  a  receipt  who  in 
good  faith  demands  or  receives  payment  of  the  debt  for  which  such 
receipt  is  security,  whether  from  a  party  to  a  draft  drawn  for  such  debt 
or  from  any  other  person,  shall  not  by  so  doing  be  deemed  to  represent 
or  to  warrant  the  genuineness  of  such  receipt  or  the  quantity  or  quality 
of  the  goods  therein  described. 

Validity  of  negotiation,  when  not  impaired. 

§  47.  The  validity  of  the  negotiation  of  a  receipt  is  not  impaired  by 
the  fact  that  such  negotiation  was  a  breach  of  duty  on  the  part  of  the 
person  making  the  negotiation,  or  by  the  fact  that  the  owner  of  the 
receipt  was  induced  by  fraud,  mistake,  or  duress  to  intrust  the  possession 
or  custody  of  the  receipt  to  such  person,  if  the  person  to  whom  the 
receipt  was  negotiated,  or  a  person  to  whom  the  receipt  was  subse- 
quently negotiated,  paid  value  therefor,  without  notice  of  the  breach  of 
duty,  or  fraud,  mistake,  or  duress. 

Subsequent  negotiation. 

§  48.  Where  a  person  having  sold,  mortgaged,  or  pledged  goods  which 
are  in  a  warehouse  and  for  which  a  negotiable  receipt  has  been  issued, 
or  having  sold,  mortgaged,  or  pledged  the  negotiable  receipt  represent- 
ing such  goods,  continues  in  possession  of  the  negotiable  receipt,  the  sub- 
sequent negotiation  thereof  by  that  person  under  any  sale,  or  other  dis- 
position thereof  to  any  person  receiving  the  same  in  good  faith,  for 
value  and  without  notice  of  the  previous  sale,  mortgage  or  pledge,  shall 
have  the  same  effect  as  if  the  first  purchaser  of  the  goods  or  receipt  had 
expressly  authorized  the  subsequent  negotiation. 


Act  4320,  §§  49-54  GENERAL  LAWS.  1494 

Seller's  lien  shall  not  defeat  rights  of  purchasers. 

§  49.  Where  a  negotiable  receipt  has  been  issued  for  goods,  no  seller's 
lien  or  right  of  stoppage  in  transitu  shall  defeat  the  rights  of  any  pur- 
chaser for  value  in  good  faith  to  whom  such  receipt  has  been  negotiated, 
whether  such  negotiation  be  prior  or  subsequent  to  the  notification  to 
the  warehouseman  who  issued  such  receipt  of  the  seller's  claim  to  a 
lien  or  right  of  stoppage  in  transitu.  Nor  shall  the  warehouseman  be 
obliged  to  deliver  or  justified  in  delivering  the  goods  to  an  unpaid  seller 
unless  the  receipt  is  first  surrendered  for  cancellation. 

Fraudulent  issue  of  receipt,  penalty  for. 

§  50.  A  warehouseman,  or  any  officer,  agent,  or  servant  of  a  ware- 
houseman, who  issues  or  aids  in  issuing  a  receipt  knowing  that  the  good? 
for  which  such  receipt  is  issued  have  not  been  actually  received  by  such 
warehouseman,  or  are  not  under  his  control  at  the  time  of  issuing  sucfc 
receipt,  shall  be  guilty  of  a  crime,  and  upon  conviction  shall  be  pun- 
ished for  each  offense  by  imprisonment  not  exceeding  five  years,  or  by  a 
fine  not  exceeding  five  thousand  dollars,  or  by  both. 

False  statements. 

§  51.  A  warehouseman,  or  any  officer,  agent,  or  servant  of  a  ware- 
houseman, who  fraudulently  issues  or  aids  in  fraudulently  issuing  a 
receipt  for  goods  knowing  that  it  contains  any  false  statement,  shall  be 
guilty  of  a  crime,  and  upon  conviction  shall  be  punished  for  each  offense 
by  imprisonment  not  exceeding  one  year,  or  by  a  fine  not  exceeding  one 
thousand  dollars,  or  by  both. 

Fraudulent  issue  of  duplicates,  penalty  for. 

§  52.  A  warehouseman,  or  any  officer,  agent,  or  servant  of  a  ware- 
houseman, who  issues  or  aids  in  issuing  a  duplicate  or  additional  nego- 
tiable receipt  for  goods  knowing  that  a  former  negotiable  receipt  for 
the  same  goods  or  any  part  of  them  is  outstanding  and  uncanceled,  with- 
out plainly  placing  upon  the  face  thereof  the  word  "duplicate,"  except 
in  the  case  of  a  lost  or  destroyed  receipt  after  proceedings  as  provided 
for  in  section  14,  shall  be  guilty  of  a  crime,  and  upon  conviction  shall 
be  punished  for  each  offense  by  imprisonment  not  exceeding  five  years, 
or  by  a  fine  not  exceeding  five  thousand  dollars,  or  by  both. 

When  warehouseman  is  owner. 

§53.  Where  there  are  deposited  with  or  held  by  a  warehouseman 
goods  of  which  he  is  owner,  either  solely  or  jointly  or  in  common  with 
others,  such  warehouseman,  or  any  of  his  officers,  agents,  or  servants 
who,  knowing  this  ownership,  issues  or  aids  in  issuing  a  negotiable  receipt 
for  such  goods  which  does  not  state  such  ownership,  shall  be  guilty  of 
a  crime,  and  upon  conviction,  shall  be  punished  for  each  offense  by  im- 
prisonment not  exceeding  one  year,  or  by  a  fine  not  exceeding  one 
thousand  dollars,  or  by  both. 

Penal  clause. 

§  54.  A  warehouseman,  or  any  officer,  agent,  or  servant  of  a  ware- 
houseman who  delivers  goods  out  of  the  possession  of  such  warehouse- 


1495  WAREHOUSES.  Act  4320,  §§  55-58 

man,  knowing  that  a  negotiable  receipt  the  negotiation  of  which  would 
transfer  the  right  to  the  possession  of  such  goods  is  outstanding  and 
uncanceled,  without  obtaining  the  possession  of  such  receipt  at  or  before 
the  time  of  such  delivery,  shall,  except  in  the  cases  proviiled  for  in 
sections  14  and  36,  be  found  guilty  of  a  crime,  and  upon  conviction  shall 
be  punished  for  each  offense  by  imprisonment  not  exceeding  one  year, 
or  by  a  fine  not  exceeding  one  thousand  dollars,  or  by  both. 

Same. 

§  55.  Any  person  who  deposits  goods  to  which  he  has  not  title,  or  upon 
which  there  is  a  lien  or  mortgage,  and  who  takes  for  such  goods  a 
negotiable  receipt  which  he  afterwards  negotiates  for  value  with  intent 
to  deceive  and  without  disclosing  his  want  of  title  or  the  existence  of 
the  lien  or  mortgage  shall  be  guilty  of  a  crime,  and  upon  conviction  shall 
be  punished  for  each  offense  by  imprisonment  not  exceeding  one  year, 
or  by  a  fine  not  exceeding  one  thousand  dollars,  or  by  both. 

What  niles  of  law,  to  govern. 

§  56.  In  any  case  not  provided  for  in  this  act,  the  rules  of  law  and 
equity,  including  the  law-merchant,  and  in  particular  the  rules  relating 
to  the  law  of  principal  and  agent  and  to  the  effect  of  fraud,  misrepre- 
sentation, duress  or  coercion,  mistake,  bankruptcy,  or  other  invalidating 
cause,  shall  govern. 

Interpretation  of  act. 

§  57.  This  act  shall  be  so  interpreted  and  construed  as  to  effectuate 
its  general  purpose  to  make  uniform  the  law  of  those  states  which  enact 
it. 

Definition  of  certain  terms, 

§58.  (1)  In  this  act,  unless  the  context  or  subject  matter  otherwise 
requires — • 

"Action"  includes  counterclaim,  setoff,  and  suit  in  equity. 

"Delivery"  means  voluntary  transfer  of  possession  from  one  person  to 
another. 

"Fungible  goods"  means  goods  of  which  any  unit  is,  from  its  nature 
or  by  mercantile  custom,  treated  as  the  equivalent  of  any  other  unit. 

"Goods"  means  chattels  or  merchandise  in  storage,  or  which  has  been 
or  is  about  to  be  stored. 

"Holder"  of  a  receipt  means  a  person  who  has  both  actual  possession 
of  such  receipt  and  a  right  of  property  therein. 

"Order"  means  an  order  by  indorsement  on  the  receipt. 

"Owner"  does  not  include  mortagee  or  pledgee. 

"Person"  includes  a  corporation  or  partnership  or  two  or  more  persons 
having  a  joint  or  common  interest. 

To  "purchase"  includes  to  take  as  mortgagee  or  as  pledgee. 

"Purchaser"  includes  mortgagee  and  pledgee. 

"Eeceipt"  means  a  warehouse  receipt. 

"Value"  is  any  consideration   sufficient   to   support  a   simple   contract. 


Acts  4323-4333  GENERAL  LAWS.  1496 

An  antecedent  or  pre-existing  obligation,  whether  for  money  or  not,  con- 
stitutes value  where  a  receipt  is  taken  either  in  satisfaction  thereof  or 
as  security  therefor. 

"Warehouseman"  means  a  person  lawfully  engaged  in  the  business  of 
storing  goods  for  profit. 

(2)  A  thing  is  done  "in  good  faith"  within  the  meaning  of  this  act,, 
when  it  is  in  fact  done  honestly,  whether  it  be  done  negligently  or  not. 

Prior  acts. 

§  59.  The  provisions  of  this  act  do  not  apply  to  receipts  made  and 
delivered  prior  to  the  taking  effect  of  this  act. 

Same. 

§  60.  All  acts  or  parts  of  acts  inconsistent  with  this  act  are  hereby 
repealed. 

Name  of  act. 

§  61.     This  act  may  be  cited  as  the  Warehouse  Eeceipts  Act. 

TITLE  552. 
WAEM  SPRINGS  CEEEK. 
ACT  4323. 

To  declare  navigable.     [Stats.  1871-72,  p.  307.] 
The  code  commissioners  say  of  this  act:   "Probably  repealed  by  Political  Code, 
§  2349,  as  amended  1891." 

TITLE  553. 
WARRANTS. 
ACT  4328. 

To  provide  for  the  payment  of  the  controller  of  state's  warrants,  which 
have  been  lost  or  destroyed  previous  to  payment  by  the  state  treas- 
urer.    [Stats.   1891,  p.  294.] 
See  this  act,  ante,  Act  2033. 

TITLE  554. 
WASHINGTON  TOWNSHIP. 
ACT  4333. 

Yolo  County,  hogs  and  goats  in  Washington  Township.     [Stats.  1875-76, 
p.  800.] 
Superseded  by  1897,  p.  198. 

TITLE  555. 

WATER  COMMISSIONERS. 
The    Political    Code,  §  19,    continued    in    force    all    acts    creating   or   regulating 
boards  of  water  commissioners  and  overseers  in  the  several  townships  or  counties 
of  the  state.      For  the   act  governing  in  any   particular  township  or   county,   see 
the  particular  title.     See,  also,  Acts  4364,  4365. 


1497  WATER  COMPANIES.  Acts  4343-4348 

TITLE  556. 
WATER  COMPANIES. 
ACT  4343. 

For  the  incorporation  of  water  companies.     [Stats.  1858,  p.  218.] 

Amended   1861,   p.    228. 
Repealed  by  Civil  Code,  §  288. 

ACT  4344. 

To    provide    for    the    incorporation    of    water    companies.     [Stats.    1852, 
p.  171.] 
Repealed  by  Civil  Code,  §  288. 

ACT  4345. 

For  the  protection  of  water  companies.     [Stats.  1861,  p.  533.] 
This  act  provided  a  penalty  for  injuring,   defrauding,   etc.     It  was  superseded 
by  Penal  Code,  §§  499,  592,  607,  625. 

ACT  4346. 

Authorizing  boards  of  supervisors  to  fix  water  rates.     [Stats.  1880,  p.  16.] 
Superseded  by  1885,  p.  95. 
Citations.      Cal.  129/446. 

ACT  4347. 

Regulating  and  controlling  the  sale,  rental  and  distribution  of  appropri- 
ated water  in  this  state  other  than  in  any  city,  city  and  county,  or 
town  therein,  and  to  secure  the  rights  of  way  for  the  conveyance  of 
such  water  to  the  place  of  use.     [Stats.  1885,  p.  95.] 
Amended   1897,   p.   49;    1901,    p.    80. 
Citations.      Cal.  74/573;    129/446,   447,   449;    130/313;    189/28;    151/58,    59; 

152/730. 

App.  8/170,    173,    174. 

This  act  appears  in  full  in  Appendix,   Civil  Code,  p.  1936. 

"See  Osborne  v.  San  Diego  etc.  Co.,  178  U.  S.  22,  and  Fellows  v.  Los  Angeles, 

33  Cal.  Dec.  472." — Code  Commissioners'   Note. 

ACT  4348. 

An  act  to  enable  the  board  of  supervisors,  town  council,  board  of  alder- 
men, or  other  legislative  body  of  any  city  and  county,  city,  or  town 
to  obtain  data  and  information,  from  any  corporation,  company,  or 
person  supplying  water  to  such  city  and  county,  city,  or  town,  re- 
quiring such  boards,  town  council,  or  other  legislative  body  to  per- 
form the  duties  prescribed  by  section  1  of  Article  XIV  of  the  con- 
stitution, and  prescribing  penalties  for  the  nonperformance  of  such 
duties. 

[Approved  March   7,   1881.     Stats.   1881,  p.   54.] 
Citations.      Cal.  152/265,  266. 


Act  4348,  §§-1-4  GENERAL  LAWS.  1498 

"Unconstitutional  in  part  (Fitch  v.  Supervisors,  122  Cal.  285).  See  1885, 
p.  95;  San  Diego  Land  Co.  v.  National  City,  174  U.  S.  739." — Code  Commission- 
ers' Note.      See  the  Act  of  1885,  p.  95,  ante.  Act  4347. 

Municipal  corporations  to  fix  water  rates. 

§  1.  The  board  of  supervisors,  town  council,  board  of  aldermen,  or 
other  legislative  body  of  any  city  and  county,  city,  or  town,  are  hereby 
authorized  and  empowered,  and  it  is  made  their  official  duty,  to  annually 
fix  the  rates  that  shall  be  charged  and  collected  by  any  person,  company, 
association,  or  corporation,  for  water  furnished  to  any  such  city  and 
county,  or  city,  or  town,  or  the  inhabitants  thereof.  Such  rates  shall 
be  fixed  at  a  regular  or  special  session  of  such  board  or  other  legislative 
body,  held  during  the  month  of  February  of  each  year,  and  shall  take 
effect  on  the  first  day  of  July  thereafter,  and  shall  continue  in  full  force 
and  effect  for  the  term  of  one  year,  and  no  longer. 

Annual  statements  to  be  made  by  water  companies,  etc. 

§  2.  The  board  of  supervisors,  town  council,  board  of  aldermen,  or 
other  legislative  body  of  any  city  and  county,  city,  or  town,  are  hereby 
authorized,  and  it  is  hereby  made  their  duty,  at  least  thirty  days  prior  to 
the  fifteenth  day  of  January  of  each  year,  to  require,  by  ordinance  or 
otherwise,  any  corporation,  company,  or  person  supplying  water  to  such 
city  and  county,  city,  or  town,  or  to  the  inhabitants  thereof,  to  furnish 
to  such  board,  or  other  governing  body,  in  the  month  of  January  in 
each  year,  a  detailed  statement,  verified  by  the  oath  of  the  president 
and  secretary  of  such  corporation  or  company,  or  of  such  person,  as  the 
case  may  be,  showing  the  name  of  each  water-rate  payer,  his  or  her 
place  of  residence,  and  the  amount  paid  for  water  by  each  of  such  water- 
rate  payers,  during  the  year  preceding  the  date  of  such  statement,  and 
also  showing  all  revenue  derived  from  all  sources,  and  an  itemized  state- 
ment of  expenditures  made  for  supplying  water  during  said  time. 

Additional  statement. 

§  3.  Accompanying  the  first  statement  made  as  prescribed  in  section  2 
of  this  act,  every  such  corporation,  company,  or  person  shall  furnish  a 
detailed  statement,  verified  in  like  manner  as  the  statement  mentioned 
in  section  2  hereof,  showing  the  amount  of  money  actually  expended 
annually,  since  commencing  business,  in  the  purchase,  construction,  and 
maintenance,  respectively,  of  the  property  necessary  to  the  carrying  on 
of  its  business,  and  also  the  gross  cash  receipts  annually,  for  the  same 
period,  from  all  sources. 

Refusal  to  make  statement  a  misdemeanor. 

§  4.  Every  corporation,  company,  or  person  who  shall  refuse  or  neg- 
lect to  furnish  the  statements  mentioned  in  sections  2  and  3  of  this  act, 
or  either  of  them,  or  who  shall  furnish  any  false  statement  in  relation 
thereto,  within  thirty  days  after  having  been  required  or  requested  to 
furnish  the  same  as  prescribed  in  sections  1,  2,  and  3  of  this  act,  shall 
be  deemed  guilty  of  a  misdemeanor. 


J 


1499  WATERS.  Act  4352 

Copy  of  statement  to  be  filed, 

§5.  Upon  receiving  the  statements  provided  for  in  sections  2  and  3 
of  this  act,  tlie  board  of  supervisors,  town  council,  board  of  aldermen, 
or  other  legislative  body,  shall  cause  a  copy  thereof  to  be  made  and  filed 
in  the  oflice  of  the  county  recorder  of  such  city  and  county,  or  of  the 
county  wherein  such  city  or  town  is  situated. 

Eates  to  be  equaL 

§6.  Eates  for  the  furnishing  of  water  shall  be  equal  and. uniform. 
There  shall  be  no  discriminations  made  between  persons,  or  between 
persons  and  corporations,  or  as  to  the  use  of  water  for  private  and 
domestic,  and  public  or  municipal  purposes;  provided,  that  nothing 
herein  shall  be  so  construed  as  to  allow  any  person,  company,  associa- 
tion, or  corporation  to  charge  any  person,  corporation,  or  association  any- 
thing for  water  furnished  them  when,  by  any  present  law,  such  water 
is  free. 

Excess  in  charging  rates  forfeits  franchise,  etc. 

§  7.  Any  person,  company,  association,  or  corporation  charging,  or 
attempting  to  collect  from  the  persons,  corporations,  or  municipalities 
using  water,  any  sum  in  excess  of  the  rate  fixed  as  hereinbefore  desig- 
nated, shall,  upon  the  complaint  of  said  board  of  supervisors,  town  coun- 
cil, board  of  aldermen,  or  other  legislative  body  thereof,  or  of  any  water- 
rate  payer,  and  upon  conviction  before  any  court  of  competent  jurisdic- 
tion, shall  forfeit  the  franchises  and  the  waterworks  of  such  person, 
company,  association,  or  corporation  to  the  city  and  county,  city  or 
town,  wherein  the  said  water  is  furnished  and  used. 

Penalty  to  supervisors  neglecting  to  enforce  act. 

§  8.  Any  board  of  supervisors  or  other  legislative  body  of  any  city 
and  county,  city  or  town  which  shall  fail  or  refuse  to  perform  any  of  the 
duties  prescribed  by  this  act,  at  the  time  and  in  the  manner  hereinbefore 
specified,  shall  be  deemed  guilty  of  malfeasance  in  office,  and  upon  con- 
viction thereof,  at  the  suit  of  any  interested  party,  in  any  court  of 
competent  jurisdiction  shall  be  removed  from  office. 

§  9.  This  act  shall  take  effect  and  be  in  force  from  and  after  the  date 
of  its  passage. 

TITLE  557. 
WATEKS. 
ACT  4352. 

An  act  to  provide  for  the  joint  investigation  with  the  federal  govern- 
ment of  the  water  resources  of  the  state,  and  to  make  an  appropria- 
tion for  the  expenses  of  such  investigations. 

[Approved  March  11,  1907.     Stats.  1907,  p.  194.] 

Board   of   examiners   to    contract    for   topographic   maps.    Ascertaining 

methods  of  distributing  water. 

§  1.  The  state  board  of  examiners  are  hereby  empowered  to  enter  into 
contracts  with  the  director  of  the  United  States  Geological  Survey  for 


Act  4352,  §§  2,  3  GENERAL  LAWS,  1500 

the  purposes  of  making  topographic  maps,  to  the  extent  of  thirty  thou- 
sand dollars;  also  for  the  purpose  of  gauging  streams,  determining  under- 
ground water  supplies,  surveying  reservoir  sites  and  canal  locations,  for 
the  conservation  and  utilization  of  waters  of  the  state,  to  the  extent  of 
twenty  thousand  dollars;  also  for  the  purpose  of  investigating  the 
economic  quality  and  purity  of  the  water  of  the  state,  to  the  extent 
of  three  thousand  dollars,  provided,  no  work  of  the  nature  heretofore 
stated  shall  be  done  where  the  same  will  interfere  with  the  water  already 
appropriated  or  in  reservoirs  or  now  in  use  for  irrigation  purposes,  or 
domestic  purposes,  under  the  laws  of  this  state;  also  with  the  director 
of  the  Office  of  Experiment  Stations  of  the  Department  of  Agriculture 
for  the  purpose  of  ascertaining  the  best  methods  of  distributing  and 
using  the  water,  to  the  extent  of  fifteen  thousand  dollars;  provided, 
however,  that  these  expenditures  for  such  purposes  shall  not  be  in  excess 
of  the  amounts  to  be  expended  by  the  various  departments  of  the  federal 
government  in  the  collaboration  with  the  specific  work  named  above; 
and  provided  further,  that  in  case  any  of  the  departments  of  the  federal 
government  above  mentioned  do  not  contribute  these  funds  for  said  co- 
operation, that  the  state  board  of  examiners  shall  have  power  to  enter 
into  such  contracts  as  may  seem  best  to  them  with  the  lawfully  author- 
ized representatives  of  any  of  the  departments  of  the  federal  govern- 
ment for  the  expenditure  of  said  remaining  balance;  and  provided  fur- 
ther, that  said  last  mentioned  expenditure  for  such  purpose  shall  not  be 
in  excess  of  the  amount  to  be  expended  by  that  department  of  the  fed- 
eral government  in  collaboration  with  the  state. 

Powers  of  persons  employed. 

§  2.  In  order  to  carry  out  the  purposes  of  this  act,  any  person  or 
persons  employed  hereunder  are  authorized  to  enter  and  cross  all  lands 
within  this  state;  provided,  in  so  doing  no  damage  is  done  to  private 
property;  it  shall  be  a  misdemeanor,  punishable  as  provided  in  such  cases, 
for  any  person  or  persons  to  willfully  and  maliciously  remove  or  destroy 
sny  permanent  marks  or  monuments  made  or  erected  by  any  such  persons. 

ixppropriation.    When  available. 

§  3.  The  sum  of  sixty-eight  thousand  dollars  is  hereby  appropriated 
for  the  purposes  specified  in  this  act,  and  the  controller  of  state  is  hereby 
authorized  and  directed  to  draw  warrants  upon  such  fund  from  time  to 
time,  upon  the  requisition  of  the  state  board  of  examiners  and  the  state 
treasurer  is  hereby  authorized  and  directed  to  pay  such  warrants;  pro- 
vided, one-half  of  the  appropriation  herein  shall  be  available  in  the  fifty- 
ninth  fiscal  year,  and  the  remaining  one-half  of  said  appropriation  shall 
be  available  in  the  sixtieth  fiscal  year,  except  that  one-half  the  funds  for 
making  topographic  maps  shall  be  available  during  the  twelve  months 
immediately  following  the  passage  of  this  act,  and  the  remaining  one-half 
of  this  fund  shall  be  available  during  the  second  twelve  months  follow- 
ing the  passage  of  this  act. 


i 


1501  WATERS.  Acts  4353-1359 

Duty  of  surveyor  general  and  engineer  of  public  works. 

§  4.  It  is  hereby  made  the  duty  of  the  surveyor  general  and  the 
engineer  of  the  board  of  public  works  to  render  any  assistance  desired 
by  the  state  board  of  examiners  in  furtherance  of  the  aims  of  this  act. 

This  act  shall  take  effect  and  be  in  force  on  and  after  the  passage  of 
this  act. 

See,  also,  Acts  of  1903,  p.  171,  and  1905,  p.  152,  on  the  same  subject  matter. 

ACT  4353. 

To  prevent  obstructions  in  navigable  streams.     [Stats  1850,  p.  188.] 
Superseded  by  Penal  Code,  §  611,   and  Political   Code,  §  2350. 

ACT  4354. 

For  the  protection  of  harbors.     [Stats.  1861,  p.  224.] 
This   act   forbade    the   mooring   to    buoys    or    beacons    and    the    throwing   over- 
board of  ballast.      It  was  superseded  in  part  by  the  Act  of  1873-74,  p.  619,  and 
entirely  by  Penal  Code,  §§  613,  614. 
See  ante.  Act  435. 

ACT  4355. 

Fixing    and    defining   a    miner's    inch    of    water.     [Approved    March    23, 

1901.     Stats.  1901,  p.  660.] 
ACT  4356. 

Artesian  wells,  regulating  use  of,  and  preventing  waste  of  subterranean 
waters.     [Stats.  1877-78,  p.  195.] 
Section  8  repealed  1901,  p.  284.      See  Stats.  1907,  p.  122. 

\CT  4357. 

To   declare  navigable  a  creek  in  sections  35   and  36,  township   3   south, 
range   3   west,   Mt.   Diablo   meridian.     [Stats.    1807-68,   p.   486.] 
This  act  declared  a  certain  creek  in  Alameda  Conuty  navigable. 

ACT  4358. 

To  declare  certain  rivers  and  creeks  navigable.     [Stats.  1851,  p.  422.] 

Amended  1853,  p.  182. 

Citations.      Cal.  79/349. 

This  act  declared  certain  parts  of  the  following  streams  navigable:  San  Jose 
de  Guadalupe,  Petaluma  River,  Sonoma  River,  Napa  River,  Suisun  River,  Sac- 
ramento River,  Feather  River,  Yuba  River,  San  Joaquin  River,  Stockton  Slough, 
Mokelumne  River,  Tuolumne  River,  Deer  Creek,  and  American  Pork.  Substan- 
tially incorporated  in  Political  Code,  §  2349,  with  the  exception  of  the  San  Jose 
de  Guadalupe  and  the  American  Fork. 

ACT  4359. 

Declaring   a   certain    creek   in   Washington   Township,   Alameda    County, 
navigable.     [Stats.  1871-72,  p.  307.] 
Probably  repealed  by  Political  Code,  §  2349,   as  amended  1891. 


Acts  4360-4363  GENERAL  LAWS.  1502 

ACT  4360. 

Alameda  County,  navigable  streams  in.  [Stats.  1867-68,  pp.  486,  680.] 
These  acts  applied,  amongst  others,  to  San  Leandro  Creek  and  Johnson's  Creek. 
Particular  streams,  navigability  of:    See  particular  title. 

ACT  4361. 

Authorizing   the   boards   of  supervisors   of   the   several   counties,  of   this 
state   to   declare   innavigable   streams   highways   for   the   floating   of 
logs  and  timber,   and  provide  for  the   improvement  and  use   of   the 
same.     [Approved  March  7,  1889.     Stats.  1889,  p.  85.] 
Repealed  by  §  25,  County  Government  Act,  1897,  p.  457. 

ACT  4362. 

To  authorize  the  board  of  supervisors  of  the  several  counties  in  this  state 
to   grant   franchises   and   privileges  to   corporations,   associations,   or 
individuals.     [Approved  March  3,  1881.     Stats.  1881,  p.  25.] 
Superseded   by    subd.    35,  §  25,    County    Government    Act,    1897,    p.    466.     Re- 
pealed  1901,  p.  265. 

This  act  authorized  supervisors  to  grant  privileges  to  build  booms  to  hold  logs 
and  timber. 

ACT  4363. 

An  act  to  provide  for  the  location  of  towpaths  along  the  banks  of  navi- 
gable streams, 
[Approved  April  1,  1872.     Stats.  1871-2,  p.  940.] 

Authority  given. 

§  1.  The  board  of  supervisors  of  each  county  in  the  state  may,  when 
public  convenience  for  the  purpose  of  commerce  requires  it,  .cause  to  be 
located  and  opened  a  towpath,  not  exceeding  ten  feet  in  width,  along 
the  bank  or  banks  of  any  navigable  stream  within  the  county. 

Viewers. 

§2.  In  order  to  locate  and  open  such  towpath,  the  same  proceedings 
in  regard  to  petition,  viewers,  etc.,  shall  be  taken  as  are  now  by  law 
required  to  be  taken  in  the  respective  counties  of  this  state  for  the  pur- 
pose of  locating  and  opening  public  roads  and  highways. 

Water  frontage. 

§  3.  The  owner  or  owners  of  any  land  over  which  a  towpath  shall  be 
located  and  opened  shall  not  be  deprived  of  the  water  frontage  nor  of 
the  free  use  and  enjoyment  of  any  land  so  located,  subject  only  to  the 
right  of  the  public  to  use  the  same  for  the  purposes  of  commerce. 

Fences. 

§  4.  It  shall  not  be  necessary  to  construct  or  maintain  fences  on  either 
side  of  any  towpath  so  located,  but  the  board  of  supervisors  may  make 
all  necessary  rules  and  regulations  for  the  government  and  management 
of  towpaths,  and  may  provide  for  the  erection  of  gates  thereon  and  for 


1503  WATERS.  Act  4364 

the  full  and  complete  protection  of  the  property  through  which  the  same 
passes. 

§  5.     This  act  shall  take  effect  from  and  after  its  passage. 

ACT  4364. 

An  act  to  provide  for  the  appointment  of  an  examining  commission  ou 

rivers  and  harbors,  defining  their  duties  and  powers,  and  prescribing 

their  compensation. 

[Approved   March   19,   1889.     Stats.   1889,  p.   420.] 

Appointment  of  engineers. 

§  1.  The  governor  of  the  state,  within  thirty  days  after  the  passage 
of  this  act,  shall  appoint  three  competent  engineers  in  good  standing 
in  their  profession,  to  be  known  and  called  the  "Examining  Commission 
on  Eivers  and  Harbors."  The  persons  so  appointed  shall  hold  office  until 
the  first  day  of  January,  eighteen  hundred  and  ninety-one.  In  case  any 
vacancy  may  arise  in  such  commission  from  any  cause,  the  governor 
shall  immediately  fill  such  vacancy  by  appointment. 

Oath  <Jf  office. 

§  2.  Each  of  said  commissioners  shall,  before  entering  upon  the  dis- 
charge of  his  duties,  take  and  subscribe  an  oath  of  office.  The  said 
commission  shall  organize  by  electing  a  president  and  secretary. 

Duty  of  commission. 

§  3.  The  said  commission  shall  make  a  full  and  careful  examination 
into  the  condition  of  the  Sacramento  and  San  Joaquin  rivers,  and  such 
other  rivers  and  streams  as  they  may  select  for  that  purpose.  They  shall 
determine  what  steps  are  necessary  for  the  rectification  and  improve- 
ment of  such  rivers  and  streams,  and  shall  make,  or  cause  to  be  made, 
all  such  necessary  and  proper  surveys,  examinations,  maps,  designs,  draw- 
ings, estimates,  specifications,  and  exhibits  as  will  enable  the  Congress 
of  the  United  States  to  clearly  understand  the  condition  of  such  rivers, 
and  the  cost  and  expense  of  properly  rectifying  and  improving  the  same. 
The  said  commission  shall,  whenever  requested  by  the  governor,  also 
make  an  examination  for  a  similar  purpose  into  such  harbors  as  they  may 
be  so  required  to  examine.  Said  commission  shall  have  power  to  employ 
such  persons  at  such  compensation  as  they  may  deem  proper,  as  surveyors 
or  assistants  in  any  of  the  work  herein  above  specified. 

Report  of. 

§  4.  The  said  commission  shall  make  a  full  report  on  or  before  the 
first  day  of  October,  eighteen  hundred  and  ninety,  to  the  governor,  on 
the  matters  herein  specified,  which  said  report  shall  be  in  such  form  and 
contain  such  calculations,  specifications,  and  estimates  as  that  it  may  be 
to  Congress  as  the  basis  of  an  api)ropriation  by  Congress  for  the  im- 
provement of  the  Sacramento  and  San  Joaquin  rivers,  and  other  navi- 
gable streams  of  the  state,  and  of  such  bays  and  harbors  as  may  have 


Acts  4365-4368  GENERAL  LAWS.  1504 

been  examined  by  said  commission  as  herein  provided.  The  superin- 
tendent of  state  printing  shall  print  and  publish  as  many  copies  of  said 
report  and  exhibits  as  may  be  ordered  by  the  governor. 

Salaries. 

§  5.  Each  member  of  the  said  commission  shall  receive  a  salary  of 
two  thousand  four  hundred  dollars  per  annum,  payable  monthly,  and  his 
traveling  expenses  while  engaged  in  the  performance  of  official  duties. 
Said  salary  and  expenses  to  be  paid  out  of  any  money  in  the  state  treas- 
ury not  otherwise  appropriated. 

§  6.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

ACT  4365. 

To  create  a  board  of  commissioners  and  the  office  of  overseer  to  regulate 
watercourses.     [Stats.  1854,  p.  76.] 
Amended  1857,  p.  29;   1860,  p.  335;    1861,  p.  31;   1862,  p.  235. 
Citations.      Cal.  69/362,   367;    70/191,  192. 

Applies  only  to  Contra  Costa,  Colusa,  Los  Angeles,  Napa,  San  Bernardyio.  San 
Diego,   Santa  Barbara,   Solano,  and  Tulare  counties. 

ACT  4366. 

Board  of  water  commissioners  for  Merced  County.     [Stats.  1860,  p.  182.] 

ACT  4367. 

To  provide  for  the  joint  investigation  with  the  federal  government  of 
the  water  resources  of  the  state,  and  of  the  best  methods  of  pre- 
serving the  forests  thereof;  and  making  an  appropriation  for  the 
expenses  of  such  investigations.  [Approved  March  16,  1903.  Stats. 
1903,   p.   171.] 

For  the  Act  of   1907,  p.  194,  relating   to   the   same  subject  matter,   see   ante. 
Act  4352. 

ACT  4368. 

An  act  to  prohibit  within  certain  limits  the  mooring  and  anchoring  of 
house-boats  in  rivers  and  streams,  and  the  maintaining  of  privies, 
vaults,  cesspools,  sewer-pipes,  and  conduits  on  the  banks  of  rivers 
and  streams,  and  providing  for  punishment  for  violation  thereof, 
declaring  such  acts  to  be  public  nuisances,  and  providing  for  the 
abatement  of  such  nuisances. 

[Approved  March  6,  1909.     Stats.   1909,  p.   140.] 

House-boats,  mooring  of.     Sewage,  discharge  of. 

§  1.  It  shall  be  unlawful  for  the  owner,  tenant,  lessee  or  occupant 
of  any  houseboat  or  boat  intended  for  or  capable  of  being  used  as  a 
residence,  house,  dwelling  or  habitation,  or  for  the  agent  of  such  owner, 
tenant,  lessee  or  occupant  to  moor  or  anchor  the  same  or  permit  the  same 
to  be  moored  or  anchored  in  or  on  any  river  or  stream,  the  waters  of 


1505  WATERING  RESORTS.  Act43C9 

which  sre  used  for  drinking  or  domestic  purposes  by  any  city,  town  or 
village  \i'ithiii  a  distance  of  two  miles  above  the  intake  or  place  where 
such  city,  town  or  village  water  system  takes  water  from  such  river  or 
stream;  provided,  however,  that  in  the  transportation  of  any  such  house- 
boat on  any  such  river  or  stream  nothing  herein  contained  shall  prevent 
the  owner,  agent,  tenant  or  occupant  of  such  house-boat  from  mooring 
or  anchoring  the  same  when  necessary  within  the  limits  herein  fixed  and 
established;  provided,  such  house-boat  shall  not  remain  moored  or 
anchored  within  such  limits  for  a  longer  period  than  one  day. 

It  shall  be  unlawful  for  any  person  to  erect,  construct,  excavate  or 
maintain  on  or  near  the  banks  of  any  river  or  stream  and  within  two 
miles  above  the  intake  of  any  water  supply  used  for  domestic  or  drink- 
ing purposes  in  any  city,  town  or  village  any  privy,  vault,  cesspool, 
sewer-pipe  or  conduit  which  shall  cause  or  suffer  to  be  discharged  into 
said  stream  or  river  any  sewage,  garbage,  feculent  matter,  offal,  filth, 
refuse,  or  any  animal,  mineral  or  vegetable  matter,  or  substance  offensive, 
injurious  or  dangerous  to  health. 

Penal  clause. 

§  2.  Any  person  who  violates  any  of  the  provisions  of  section  1  of 
this  act  is  guilty  of  a  misdemeanor.  Each  day's  violation  of  any  of  the 
provisions  of  said  section  1  shall  constitute  a  separate  and  distinct  offense. 

Public  nuisances.     Abatement  of. 

§  3.  Any  privy,  vault,  cesspool,  sewer-pipe  or  conduit  erected,  con- 
structed, excavated  or  maintained  on  or  near  the  banks  of  any  river  or 
stream  within  two  miles  above  the  intake  of  any  water  supply  used  for 
drinking  or  domestic  purposes  in  any  city,  town  or  village,  which  shall 
cause  or  suffer  to  be  discharged  therefrom  sewage,  garbage,  feculent 
matter,  offal,  refuse,  filth  or  any  animal,  mineral  or  vegetable  matter 
or  substance,  offensive,  injurious  or  dangerous  to  health  into  such  river 
or  stream,  and  any  house-boat  or  boat  intended  for  or  capable  of  being 
used  as  a  residence,  house,  dwelling  or  habitation,  which  shall  for  more 
than  one  day  be  moored  or  anchored  in  or  upon  any  river  or  stream 
within  two  miles  above  the  intake  of  any  water  supply  used  for  domestic 
or  drinking  purposes  in  any  city,  town  or  village  are  hereby  declared  to 
be  public  nuisances;  and  it  is  hereby  made  the  duty  of  any  and  all  sheriffs, 
constables,  policemen  and  health  officers  to  immediately  abate  said  nuisance. 

§4.     This  act  shall  take  effect  immediately. 
TITLE  558. 
WATERING  RESORTS. 
ACT  4369. 

An  act  to  secure  the  safety  of  the  public  at  bathing  places  upon  the 

seacoast  and  lakes. 

[Approved  March   10,  1909.     Stats.  1909,  p.  261.] 

SI.     Every   person,   firm    of   persons,    or   corporation,    owning   or   con- 
ducting within  this  state  a  bathhouse,  or  other  public  place  for  the  pur- 
'lei.  Laws — 95 


Acts  4370-4382  GENERAL  LAWS.  1506 

pose  of  accommodating  bathers,  bordering  upon  or  adjoining  the  seacoast 
or  a  lake  where  the  public  resort  for  the  purpose  of  bathing  in  the  open 
sea  or  lake  shall  keep  one  or  more  lifeboats  fully  equipped  with  oars, 
oarlocks,  and  not  less  than  two  life-preservers.,  and  two  hundred  feet  of 
rope,  always  in  good  repair  and  near  the  bathhouse  or  resort.  Such  boat 
or  boats  shall  have  the  words  "lifeboat"  plainly  printed  or  painted  upon 
them,  and  they  shall  be"  used  for  no  other  purpose  than  for  saving  of 
life  or  for  other  cases  of  emergency. 

§  2.  Any  person,  firm  of  persons,  or  corporation  who  fails  to  comply 
with  the  provisions  of  this  act  is  guilty  of  a  misdemeanor  and  upon  con- 
viction shall  be  sentenced  to  pay  a  fine  of  not  less  than  ten  nor  more 
than  two  hundred  dollars  or  be  imprisoned  in  the  county  jail  not  less 
than  ten  days  nor  more  than  six  months,  or  by  both  fine  and  imprison- 
ment. 

§  3.     This  act  shall  take  effect  thirty  days  after  its  passage, 

TITLE  559. 
WATSONVILLB. 
ACT  4370. 

Charter  of.     [Stats.  1903,  p.  647.] 
Citations.      Cal.  143/472  ;   150/189. 

ACT  4371. 

Incorporating  Watsonville.     [Stats.  1867-68,  p.  688.] 
Amended  1873-74,  p.  43;   1875-76,  p.  511;   1877-78,  p.  363.      Superseded  ty 
incorporating,  in  1889,  under  the  statute  of  1883. 

TITLE  560. 
WEAVERVILLE. 
ACT  4376. 

Weaverville,   preventing  hogs   and   goats   running   at   large   in.     [Stats. 
1877-78,   p.   33.] 
Repealed  by  estray  law,  1897,  p.  198. 

TITLE  561. 
WEIGHTS  AND  MEASUEES. 
ACT  4381. 

To  establish  a  standard  of  weights  and  measures.     [Stats.  1861,  p.  86.] 
Amended  1861,  p.  346;   1863,  p.  737.      Superseded  by  Political  Code,  §§  3209- 
3223. 

ACT  4382. 

To  establish  a  standard  of  weights  and  measures.     [Stats.   1891,  p.  487.] 
"Of  doubtful   constitutionality,   and  has  never  been   acted  under.      (Condict   v 

Police  Court,  59  Cal.  278;  sec.  14,  art.  XI,  State  Ck>nst.;  subd.  5,  sec.  8,  art.  I 

Const,  of  U.  S.)" — Code  Commissioners'  Note. 


1507  WEIGHTS  AND  MEASURES.  Act  4383,  §§  1-6 

ACT  4383. 

An  act  relating  to  weights  and  weighers  for  warehousemen  and  wharf- 
ingers, and  matters  connected  therewith. 
[Approved   March   24,   1903.     Stats.   1903,   p.   387.] 

§  1.  All  persons  now  engaged  in  or  who  may  hereafter  engage  in  a 
general  warehouse,  wharfinger  or  storage  business  for  the  storage  of  grain 
or  other  commodities,  which  in  the  course  of  such  business  are  weighed, 
shall,  before  they  engage  in  such  business,  or  within  sixty  days  after 
the  appointment  of  an  inspector  of  weights  as  provided  in  section  4  of 
this  act,  designate  in  writing  a  person  or  persons  as  weigher  or  weighers 
for  such  business  at  the  place  thereof,  and  the  person  or  persons  so 
designated  shall  thereupon,  and  before  they  shall  do  any  weighing  for 
such  business  subscribe,  before  an  officer  authorized  to  administer  oaths, 
the  following  oath,  to  wit: 

"(I  or  we)  designated  as  (weigher  or  weighers)  will  correctly  weigh 
all  grain  or  other  commodities  brought  to  (here  designating  the  business 
and  place  of  business)  for  storage  or  weighing,  or  which  may  be  taken 
out  from  the  same,  and  in  all  cases  render  to  the  person  bringing  or 
receiving  the  same,  as  the  ease  may  be,  upon  demand,  a  full,  true  and 
correct  account  of  the  weight  thereof." 

§  2.  All  persons  engaged  in  the  business  in  the  foregoing  section  men- 
tioned shall  keep  for  and  use  in  such  business  no  other  than  true  and 
correct  scales  and  weights. 

Said  designation  and  said  oath  shall  thereupon  and  within  the  time 
aforesaid,  be  recorded  in  the  office  of  the  recorder  of  the  county  in  which 
such  business  is  to  be   or  is  being  carried  on. 

No  person,  excepting  the  person  or  persons  thus  designated  and  sub- 
scribing and  recording  such  oath  shall  do  any  of  the  weighing  of  such 
business. 

§  3.  Every  person  engaged  in  the  business  in  said  section  1  men- 
tioned, shall  keep  and  use  therein  none  but  true  weights,  and  scales;  said 
weights  must  conform  to  the  United  States  standard  of  weights. 

§  4.  The  board  of  supervisors  of  the  respective  counties  of  the  state 
of  California,  hereby  are  authorized  to  appoint  for  their  respective  coun- 
ties an  inspector  of  weights  and  measures,  who  shall  hold  office  at  the 
pleasure  of  said  board  and  receive  such  compensation  as  each  board  may 
allow,  and  whose  duty  it  shall  be  from  time  to  time  to  test  and  examine 
all  scales  and  weights  kept  or  used  in  the  business  in  the  foregoing  sec- 
tions mentioned,  and  report  all  violations  of  this  act  to  the  district  attor- 
ney of  such  county,  whose  duty  it  shall  be  to  prosecute  all  violations 
hereof. 

§  5.  Every  violation  of  this  act  shall  be  and  is  punishable  as  a  mis- 
demeanor. 

§  6.  Besides  the  prosecution  of  the  criminal  actions  herein  provided 
for,  every  person  defrauded  by  false  or  incorrect  weighing  shall  be  en- 


Acts438S-4408  GENERAL  LAWS.  1508 

titU.ci  to  recover  from  the  person  owning  or  conducting  such  business  as 
in  the  foregoing  sections  mentioned,  in  any  court  of  competent  juris- 
diction, three  times  the  amount  of  such  shortage  in  weight  of  the  grain 
or  other  commodity  so  delivered  or  taken  out  by  him. 

TITLE  562. 
WEST  SIDE  IRRIGATION  DISTRICT. 
ACT  4388. 

Act  creating.     [Stats.  1875-76,  p.  731.] 
Supplemented  1875-76,  p.  885.      Superseded  by  1877-78,  p.  468.     Repealed  as 
to  Coutra  Costa  and  Alameda  counties,  1877-78,  p.  887. 

TITLE  563. 
WHARFINGERS. 
ACT  4393. 

In  relation  to  warehouse  and  wharfinger  receipts,  and  other  matters  per- 
taining thereto.     [Stats.   1877-78,  p.  949.] 
Citations.      Cal.  75/355;   108/140,  141;   111/380. 
Codified  by  §§  1858-1858f  of  Civil  Code. 

TITLE  564. 
WHARVES. 
The  Political   Code,  §§  2906   et   seq.,   2520   et   seq.   and  2567   et  seq.,   seems  to 
have  superseded  the  old  legislation  on  the  subject  of  wharves. 

ACT  4398. 

Authorizing    supervisors    of    counties    to    grant    the    right    to    construct 
wharves.      [Stats.  1858,  p.  120.] 
Amended   1869-70,  p.   526;    1871-72,   p.   903.      Superseded   by   Political   Code, 
2906  et  seq.  » 

TITLE  565. 
WHEATLAND. 
ACT  4403. 

Incorporation  of.     [Stats.  1873-74,  p.  351.] 
Amended  1875-76,  p.   19;    1877-78,  p.  441.      Superseded  by  incorporating,  in 
1891,  under  Municipal  Corporation  Act  of  18S3. 

TITLE  566. 
WHITTIER  STATE  SCHOOL. 
ACT  4408. 

To  establish  the  Whittier  Reform  School  for  Juvenile  Offenders.     [Stats. 
1889,   p.   111.] 
Amended  1893,  p.  328;   1905,  p.  80;   1907,  p.  3;   1909,  p.  988. 
Citations.      Cal.  93/639;    110/653;    117/536;    122/296,    297,    298,    299,    300- 
301;    138/495.      App.  3/740;    5/471,  472,  473. 
In  full  in  Appendix  to  Penal  Code,  p.  868. 


1509  WILMINGTON — WOMAN'S  RELIEF  CORPS.        Acts  4409-4420 

ACT  4409. 

To    prevent    evil-disposed    persons    from    coming    upon    the    grounds    of. 
[Stats.  1895,  p.  92.1 
Codified  by  §§  171a,  171b,  171c  of  Penal  Code. 

ACT  4410. 

Eelating  to  the  commitments  to  the  state  school  at  "Whittfer  and  to 
the  Preston  School  of  Industry,  fixing  the  authority  to  examine  and 
commit  to  such  schools  with  the  superior  court  judges  of  the  counties, 
and  fixing  the  responsibilities  from  which  commitments  are  made  to 
the  state  for  the  maintenance  of  the  persons  committed  therefrom; 
providing  the  manner  of  payment  therefor  and  fixing  the  responsi- 
bility of  the  parents  to  the  counties  from  which  their  children  are 
committed.  [Stats,.  1895,  p.  122,] 
Citations.  Cal.  138/494,  495. 
In  full  in  Appendix,  Penal  Code,  p.  2134. 

ACT  4411. 

An  act  to  authorize  the  board  of  trustees  of  the  Whittier  State  School 
to  contract  for  the  care  and  keeping  of  girls  committed  to  said  school 
in  charitable  or  benevolent  institutions  or  with  private  persons,  and 
to  pay  for  their  care  while  in  such  institution  or  with  such  persona. 
[Approved  March  18,  1905.  Stats.  1905,  p.  226.] 
Former  act:   See  Stats.  1903,  p.  514. 

ACT  4412. 

An  act  to  authorize  the  trustees  of  the  Preston  School  of  Industry  and 
the  Whittier  State  School  to  acquire  property  by  gift,  bequest  or 
devise.     [Approved  March  6,  1909.     Stats.  19u9,  p.  149.] 

TITLE  567. 

WILMINGTON. 
ACT  4413. 

Incorporating  town  of.     [Stats.  1871-72,  p.  108.] 
Amended   1871-72,  p.  446.      Sections  8  and  16  repealed,   1887,   pp.   108,   109. 
Citations.     Cal.  151/652,  653.     App.  7/386. 

TITLE  568. 
WOMAN'S  RELIEF  CORPS. 

ACT  4420. 

To  assist  the  Woman's  Relief  Corps  Home  Association  to  provide  for 
ex-army  nurses,  and  the  worthy  destitute  widows,  wives,  mothers, 
and  destitute  maiden  daughters  or  sisters  of  veterans  who  served 
honorably  in  the  war  for  the  Union,  and  making  an  appropriation 
therefor.  [Approved  April  1,  1897.  Stats.  1897,  p.  447.] 
Citations.  App.  8/529,  530,  531,  532,  534,  536,  537. 
Codified  by  S§  2210-2210g  of  Political  Code. 


Acts  4421-4447  GENERAL  LAWS.  1510 

ACT  4421. 

Making  an  appropriation  for  the  support  of  ex-army  nurses  and  indigent 
widows,  wives,  mothers,  and  dependent  daughters  and  sisters  of 
Union  veterans,  who  served  honorably  during  the  civil  war,  at  the 
Woman's  Relief  Corps  Home  at  Evergreen,  Santa  Clara  County,  Cali- 
fornia. [Approved  March  8,  1907.  Stata.  1907,  p.  181.] 
Foimer  act:  See  Stats.  1903,  p.  514. 

TITLE  569. 
WOODBRIDGE. 
ACT  4426. 

Woodbridge,   to   prevent  hogs   and   goats   running   at  large   in.     [Stats. 
1875-76,  p.  180.] 
Repealed  1897,  p.  198. 

TITLE  570. 
WOODLAND. 
ACT  4431. 

Eeincorporating.     [Stats.  1873-74,  p.  557.] 

Amended  and  supplemented  1875-76,  p.   818.      Amended  1877-78,  pp.  84,  447. 
Superseded  by  incorporating,  in  1890,  under  Municipal  Corporation  Act  of  1883. 

TITLE  571. 
WRECKS. 
ACT  4436. 

Concerning  water  craft  found  adrift.     [Stats.  1850,  p.  156.] 
Superseded  by  Civil  Code,  §§  1864-1872. 

ACT  4437. 

Concerning  wrecks  and  wrecked  property.     [Stats.  1850,  p.  173.] 
Superseded  by  Political   Code,  §§  2403-2418. 

TITLE  572. 
TACHT   CLUBS. 
ACT  4442. 

An  act  to  authorize  the  incorporation  of  yacht  clubs.     [Stats.  1869-70, 
p.  7L] 
Repealed  by  §  288,  Civil  Code. 

TITLE  573. 
YOLO  COUNTY. 
ACT  4447. 

Agriculture,   protection    of   from   trespassing   animals.     [Stats.    1873-74, 
p.  343.] 
Repsaled  1877-78,  p.  362. 


1511  YOLO  COUNTY.  Acts  4448-4459 

ACT  4448. 

Trespassing  of  animals  in.     [Stats.  1877-78,  p.  360.] 
Repealed  by  1897,  p.  98.     See  1901,  p.  607. 

ACT  4449. 

To  develop  agricultural  interests  and  aid  the  construction  of  a  canal  in 
Colusa,  Solano,  and  Yolo  counties.     [Stats.  1865-66,  p.  451.] 

ACT  4450. 

To  provide  for  the  drainage  of  certain  lands  in  the  counties  of  Colusa 

and  Yolo.     [Stats.  1877-78,  p.  1037.] 
ACT  4451. 

Regulating  fees  and  salaries  of  officers  of.     [Stats.  1873-74,  p.  420.] 

Amended  1875-76,  pp.  170,  566;    1877-78,  p.  637.     Eepealed  by  County  Gov- 
ernment Acts:   See  1897,  p.  533,   §  181. 

ACT  4452. 

Legalizing  acts  of  public  administrator  of.     [Stats.  1860,  p.  207.] 

ACT  4453. 

Public  road  along  boundary  line  between  Yolo  and  Colusa  counties,  es- 
tablishing.    [Stats.  1873-74,  p.  213.] 
ACT  4454. 

Eoads  and  highways  in,     [Stats.  1873-74,  p.  490.] 
Repealed  1883,  p.  5,  c.  X,   5  2. 

ACT  4455. 

Providing  for  the   distribution    of  school   moneys   in.     [Stats.    1877-78, 
p.  1003.] 
Repealed  by  Political  Code,  f  1858. 

ACT  4456. 

Supervisors,  terms  of  office   and  time   of  meeting  of.     [Stats.   1873-74, 
p.  304.] 
Superseded  by  County  Government  Acts:  See  1897,  p.  452. 

ACT  4457. 

Authorizing    supervisors    to    levy    taxes    for    county    purposes.     [Stats. 
1877-78,  p.  843.] 
Superseded  by  subd.  12,  §  25,   1897",  p.  460. 

ACT  4458. 

Quieting  title  to   certain  lands   in.     [Stats.   1871-72,  p.   803.] 

ACT  4459. 

Quieting  title  to  certain  lands  in.     [Stats.   1873-74,  p.   492.] 
This  act  released  the  title  of  the  state  to  the  United  States  and  its  grantees. 


Acts  4460-4479  GENERAL  LAWS.  1512 

ACT  4460. 

Quieting  title  to  certain  lands  in.     [Stats.  1873-74,  p.  818.] 

ACT  4461. 

Quieting  title  to  land  in.     [Stats.   1877-78,   p.   943.] 
By  this  act   the   state  relinquished  to  one  George  Herget  the  title  to  a  piece 
of  land  in  Yolo  County. 

TITLE  574. 
yOSEMITE  VALLEY. 
ACT  4466. 

To   provide   for  the  management   of   the   Yosemite  Valley.     [Stats.   1880, 
p.  44.] 
Amended  1885,   p.  212. 
Repealed  1907,  p.  268. 

ACT  4467. 

To   appropriate   money  for   the   survey,  location,   and   construction    of  a 

free  wagon   road  from  the  town   of  Mariposa   in   Mariposa  County, 

to  the  Yosemite  Valley.     [Approved  March  26,  1895.     Stats.   1895, 

p.  87.] 

Repealed  1905,  p.  798. 

ACT  4468. 

Appropriation   for   the   purchase   of   certain   roads   within   the   limits   of. 
[Stats.  1889,  p.  142.] 
This  act  appropriates  money  for  the  purchase  of  the  "Big  Oak  Flat  and  Yosem- 
ite Turnpike  Road"  and  the  "Yosemite  and  Wawona  Road." 

ACT  4469. 

To  provide  for  certain  improvements  in.     [Stats.  1901,  p.  818.] 
This  act  made  an  appropriation  for  an  electric  and  a  pumping-plant. 

ACT  4470. 

An  act  to  recede  and  regrant  unto  the  United  States  of  America,  the 
"Yosemite  Valley,"  and  the  land  embracing  the  "Mariposa  Big  Tree 
Grove."     [Approved  March  3,  1905.     Stats.  1905,  p.  54.] 

TITLE  575. 
YEEKA. 
ACT  4474. 

Incorporating  Yreka.     [Stats.  1857,  p.  229.] 
Amended  1860,  p.  313.      Superseded  by  incorporatiug,  in  1888,  under  the  stat- 
ute  of   1883. 

TITLE  576. 
YUBA  CITY. 
ACT  4479. 

To  incorporate.     [Stats.  1877-78,  p.  783.] 
Repealed  1907,  p.  113. 


1513  TUBA  COUNTY.  Acts  4484-4494 

TITLE  577. 
YUBA  COUNTY. 
ACT  4484. 

Muiysville    and   Long  Bar   townships,   act   for  protection   of   agriculture 
and   to   prevent   the   trespassing   of   animals   upon   private   property. 
[Stats.  1875-76,  p.  210.] 
Repealed  1897,  p.  198. 

ACT  4485. 

Trespassing  of  animals.     [Stats.   1877-78,  p.   360.] 
Repealed  by  estray  laws  of  1897,  p.  98,  and  1901,  p.  607. 

ACT  4486. 

Lawful  fences  in,     [Stats.  1863,  p.  357.] 
Repealed  1871-72,  p.  700. 

ACT  4487. 

Defining  a  lawful  and  partition  fence  in.     [Stats.  1871-72,  p.  700.] 

ACT  4488. 

Salaries  of  officers.     [Stats.   1873-74,   p.   109.] 
Repealed   by    County    Government   Act,    1897,    p.    553,  §  194.      Amended   1901, 
p.  777. 

ACT  4489. 

Fees  and  salaries  of  certain  officers.     [Stats.  1875-76,  p.  522.] 
Repealed  by  County  Government  Acts:  See  1897,  p.  533,  §  194. 

ACT  4490. 

Overflow,   protection   of  lands   from.     [Stats.    1873-74,   p.    223.] 
Amended  1877-78,  p.  789. 

ACT  4491. 

Authorizing  transcribing  of  records  in.     [Stats.   1856,   p.   139.] 

ACT  4492. 

Providing  for  transcribing  records  in.     [Stats.  1877-78,  p.  212.] 

ACT  4493. 

Eoads   and  highways   of.     [Stats.   1871-72,  p.   72.] 
Repealed  1873-74,  p.  11. 

ACT  4494. 

Eoad  overseers  and  road  poll  taxes.     [Stats.  1877-78,  p.  157.] 
Repealed  by  Political  Code,  §§  2642,  2652,  as  amended  1891,  pp.  474,  478. 


Acts  4495,  4496  GENERAL  LAWS.  1514 

ACT  4495. 

Separate  judges  for  Yuba  and  Sutter  counties,  creation  of,  and  providing 
for  payment  of  salaries.     [Stats.  1897,  p.  48.] 

ACT  4496. 

An  act  to  dissolve  Protection  District  No.  2,  of  Yuba  County,  California, 
and  providing  for  the  liquidation  and  winding  up  of  said  dissolved 
district.     [Approved  March  21,  1907.     Stats.  1907,  p.  839.] 


INDEX. 

("IS) 


li 


INDEX. 

A 


ABANDONMENT. 

Children,  abandoned,  care  of,  Act  1622. 

Children,  of,  punishment  of,  Act   1G22. 

Children,  of,  what  constitutes,  Act  2594. 

Children,  of.      See    Orphan   Asylums. 

IiTigation  districts,  abandonment  of  operations  by,  Act  1721. 

ABORTION. 

Advertising  to  procure,  forbidden,  Act   1. 

ACADEMIES. 

Issuing  arms  and  accoutrements  to.   Acts  229,  230. 
Military,    issuing  arms   to,   Act  230.      See   Military   Academy. 

ACCIDENT  INSURANCE  COMPANIES. 

Formation,  regulation,  powers  and  duties  of.  Act   1664. 

ACCORD  AND  SATISFACTION. 

Discharge  of  whole  of  debt  on  payment  of  part.  Act  6. 

ACCOUNTS. 

Board  of  accountancy,  annual  report  of,  Act   11,  subd.  7. 

Board  of  accountancy,  appointment  and  qualification  of  members,  Act  11,  5  1. 

Board  of  accountancy,  appointments  from  whom  made,  Act   11,  §  1. 

Board  of  accountancy,  certificates,  issuance,  revocation  and  renewal  of,  Act   11,  §  2. 

Board  of  accountancy,  examinations  of  applicants.  Act   11,  §  2. 

Board  of  accountancy,  expenses  of,  how  met.  Act  11,  §  2. 

Board  of  accountancy,  fees  that  may  be  charged  by,  Act  11,  §  2. 

Board  of  accountancy,  number  of  members,  Act   11,  §  1. 

Board  of  accountancy,  oaths  of  members.  Act  11,  §1. 

Board  of  accountancy,  office  to  be  at  San  Francisco,   Act   11,  §  2. 

Board  of  accountancy,  powers  and  duties  of.  Act   11,  §  2. 

Board  of  accountancy,  surplus  of  receipts,  how  used.  Act   11,  subd.  7. 

Board  of  accountancy,  terms  of  office.  Act  11,  §  1. 

Board  of  accountancy,  vacancies,  how  filled.  Act   11,  §  1. 

Board  of  accountancy,  who  may  apply  for  examination  and  certificate.  Act   11,  §  3. 

Certified  public  accountant,  who  is,  Act  11,  §  3. 

Intoxicating  liquors  sold  at  retail,  collection  of  accounts  for  prohibited,  Act   1685. 

Misdemeanor,  violation  of  act  creating  board  of  accountancy,  Act   11,  §  4. 

Money  of  account,  Act  2282. 

ACCOUTREMENT.      See  Arms. 

ACKNOWLEDGMENTS. 

Defective  acknowledgments  validated.      Acts   16-21. 
Manner  of  making.  Act  903. 

N.  M.  Bonh»m,  acknowledgments  by  legalized.   Act  2394. 
Of  de«d8  and  instruments  by  prisoner,  Act  2764. 
(1517) 


1518  INDEX. 

ACTION  IN  EEM.      See  Establishment   of  Title. 

ACTIONS. 

Against  state  for  bounties  on  coyote  scalps  authorized,   Act  3792. 

Against  state  to  quiet  title  to  certain  land  authorized,  Act  3793.      See,  also,  Stat*. 

ADJUTANT  GENEEAL. 

Additional  clerks  for  revision  of  records  of  California  volunteers,   Act   520. 

ADMINISTRATORS.      See  Executors  and  Administrators;   Public  Administrators. 

ADOPTION. 

Illegitimate  children,  adoption  of,  Act  26. 

Minors,  adoption  of,  Act  26. 

Managers  of  orphan  asylums  may  consent  to.  Act  27. 

ADULT  BLIND. 

Industrial  Home  of  Mechanical  Trades  for,  board  of  directors  for.  Act   1480. 
Industrial  Home  of  Mechanical  Trades  for,  establishment   and  management  of,   Act« 
1479,  1480. 

ADULTERATION. 

Analyzing  foods  and  drugs  to  prevent,  Act  40. 

Analyzing  minerals,  mineral  waters  and  other  liquids  to  prevent.  Act  40. 

Analyzing  of  mineral  plants  to  prevent,  Act   40. 

Analyzing  waters,  arugs  and  foods  to  prevent,  Act  3799. 

Butter,  fraud  and  deception  in  manufacture  and  sale  of.  Acts    32-34. 

Cheese,  fraud  and  deception  in  manufacture  and  sale  of,  Acts  32-34. 

Older,  sale  of  adulterated,  prohibited.  Act  43. 

Dairy  products,  adulteration  in,  prohibition  of.  Act  875. 

Dairy  products,  definition  of  adulteration.  Act  875. 

Drugs,  adulteration  of,  forbidden.  Act  35.      See  Drugs. 

Food,  adulteration  of  forbidden,  Acts   35,  36. 

Honey,  adulteration  of  prohibited,  Act  38. 

Honey,  sale  of  imitation  or  adulteration,  Act  37. 

Intoxicating  liquors,  adulteration  of,  prevention  of.  Act  36. 

Intoxicating  liquors,  sale  and  disposal  of  adulterated,  prohibited.  Act  43. 

Manufacture,  sale  or  transportation  of  adulterated,  mislabeled  or  misbranded  foods 

or  liquors,  prevention  of,  Act   29. 
Milk,  adulteration,  prevention  and  punishment  of.  Act  89. 
Milk   and   milk   products,   us«   of   chemicals  or  materials   to   prevent   fermentation 

prohibited.  Act   46. 
Olive  oil,   imitation,   regulating   sale  of,   Acts  41,   2568. 

Paints,   oils,   varnishes  and  pigments,   prevention  of  adulteration  of.   Act  31. 
Quicksilver,  pure,  sale  of  secured  to  miners.  Act  2218. 
Syi-up,  sale  of  adulterated  prohibited,  Act  42. 

Wine,  deception  in  manufacture  and  sale  of,  prevention  of,  Act   45. 
Wine,  fraud  in  manufacture  and  sale  of.  Acts  43,  44. 
Wine,  sale  of  adulterated,  prohibited.  Act  43. 
Wine,  sophistification  and  adiulteration  of,  Acts  43,  44. 

ADULTERY. 

Punishment  of.  Act  49. 

ADVEBS3  POSSESSION.     See  Establishment  of  Title. 


I 


ADVEETISEMENTS. 

False  advertisements  regarding  articles  offered  for  sale,  punishment  of,  Act  3083. 

AFFIDAVITS. 

County  clerk  to  take  affidavits  of  pension  claimants  without  fee,  Acts  829,  2641. 

AFFILIATED  COLLEGES. 

Appropriations  for  buildings  for,  Acts  4254,  4255, 

AGED  PERSONS.     See  Paupers. 

AGENCY. 

Advances  made  to  agents  intrusted  with  goods,  Act  59. 
Employment  agents,  duties  and  liabilities  of.  Act   1036. 

AGISTERS. 

Lien  on  livestock  kept,  fed  or  pastured.  Act  1947. 

AGNEWS  INSANE  ASYLUM.     See  Insane  Asylums. 

AGRICULTURAL  COLLEGE  GRANT. 

Governor  authorized  to  reconvey  to  United  States  part  of,   Act  2846. 

AGRICULTURE.      See  Horticulture;   Viticulture. 

Agricultural  districts,  advances  from  state  association,  Act  68a,  §  8. 

Agricultural  districts,  classification  of.  Acts   68,   68a. 

Agricultural  districts,  coun'ties,  division  of  into,  Acts  68,  68a. 

Agricultural  districts,  directors,  on  formation  of  new  district.  Act   68a,  §§4,  5. 

Agricultural  districts,  division  of  state  into.  Acts   68,  68a. 

Agricultural  districts,  fair,  appropriations  of  several  districts  may  be  used  for. 
Act   68a,  §  9. 

Agricultural  districts,  fair,  districts  may  associate  for  purpose  of  holding,  Aci'  68a, 
§9. 

Agricultural  districts,  fair,   state  aid  to,  Act  68a,    §  9. 

Agricultural  districts,  formation  of.  Acts   68,  68a,  69,   70, 

Agricultural  districts,  management  and  control  of,  Act   70. 

Agricultural  districts,  name  of  association.  Act  68a,  §  7. 

Agricultural  districts,  number  of.  Act   68,  68a. 

Agricultural  districts,  officers  of,  act  68a,  §  3. 

Agricultural  districts,  organization.  Act   68a,  §  6. 

Agricultural  districts,  reports  to  state  association,  Act  68a,  §  10. 

Agricultural  societies,  appropriations  for.  Act  72. 

Agricultural  societies,  formation  of,   Act  66. 

Agricultural  societies,  powers  and  government  of,  Act  66. 

Assent  of  state  to  act  of  Congress  applying  proceeds  of  public  land  for  col- 
lege. Act   634. 

Associations,  annual  report  to  state  board  of  agriculture.  Act  68a,  §  10. 

Associations  are  state  institutions,  Act  68a,   §  7. 

Associations,  authorized  to  lease  lands  to  cities  or  counties  in  which  lands  situated. 
Act   75. 

Associations,  board,  classification  and  terms,  Act   68ia,  §§4,  5. 

Associations,  board,  powers  and  duties  of.  Act   68a,  §  7. 

Associations,  board,  president  of,  term  of  office,   Act   68a,  §  6. 

Associations,  board,  qualifications  and  organization  of,  Act  68a,  §§4,  6. 

Associaltions,  exhibitions,  Act   68a,  §§7,  8,  9. 

Associations,  fairs.  Act  68a,  §§7,  8,  9, 


1520  INDEX. 

AGRICULTURE.      (Contintird.) 

Associations,  fiscal  year,  Act   68a,  §  6. 

Associations,  formation  of,  Act   68a,  §  2. 

Associations  heretofore  formed,  continued  in  force,  Act   68a,  §  5. 

Associations,  name  of,  Act  68a,  §  7. 

Associations,  new,  governor  to  appoint  district  board.  Act  68a,  §  4. 

Associations,  officers  of,  Act   68a,  §§3,  6. 

Associations,  oiYicers    of,   terms   of  office,   Act  68a,  §§5,   6. 

Associations,  powers    of,    Act  68a,  §  7. 

Buildings,  erection  and  construction  of,  under  control  of  state  agricultural  society, 
Act  63. 

Cereal  crops,  improvement  of,   act  providing  for,   Act   62. 

Cereal  crops,  investigations  and  experiments  as  to  under  supervision  of  University 
of  California,  Act   62. 

Cereal  crops,  investigation  and  experiments  concerning  under  direction  of  Univer- 
sity   of    California,    Act   62. 

Cities  and  counties  authorized  to  acquire  lands  for  developing  and  encouraging 
products  and  exhibiting  same.   Act  2387. 

Cities  or  counties  authorized  to  acquire  property  for  exhibitions  of  agricultural 
products,  Act  2387. 

Diseases,   investigation  of  nature  and  means  of  control  of.   Act   1519. 

Encouragement  of.  Acts  71,  72. 

Fair  grounds  of  state  agricultural  society,  buildings  for,  Act   63. 

Fair  grounds  of  state  agricultural  society,  equipment  of.  Act   63. 

Fair  grounds  of  state  agricultural  society,  gambling  prohibited  on.  Act  63. 

Fairs,  state  agricultural  society  authorized  to  and  empowered  to  hold  in  Oakland, 
Act  2532. 

Fertilizers,  sale  of  commercial  fertilizers  or  materials  used  for  manurial  pui-poses, 
regulation  of.  Act   1157. 

Formation  of  corporations  for  direct  promotion  of,  Act  290. 

Fruit  trees,  better  protection  of,  Act  73. 

Gambling  prohibited  on  grounds  of  state  agricultural  society,  Act  63. 

Investigation  of  cereal  crops  under  director  of  agricultural  experiment  station  of 
University,  Act  62. 

Investigation  of  tree  and  plant  diseases  and  pests  at  University,  Act  4258. 

Johnson   grass,   prevention   of  propagation  of.  Act  74. 

Pear  blight  and  walnut  blight,  investigation  into  by  University,  Act  1511. 

Protection   of.  Act   4304. 

Protection  of  in  particular  counties.      See  particular  title. 

Ramie.      See  Ramie  Culture. 

Report  to  state  board  of  equalization  of  agricultural  resources  of  counties.  Act 
837,  §  48. 

Sale  of  fertilizers  and  manurial  materials,  regulation  of,  Act   1157. 

Sorghum  halepense  or  Johnson  grass,  prevention  of  progapation  of.  Act   74. 

State  agricultural  society  authorized  and  empowered  to  hold  fairs  in  Oakland,  Act 
2532. 

State  agricultural  society  authorized  to  make  certain  improvements  and  repairs  a^t 
State  Agricultural  Park,  Act  67b. 

State  agricultural  society,  directors  authorized  to  erect  new  building  at  Agricul- 
tural Park,  Act  67b. 

State  agricultural  society,  exchange  of  property  by.  Act   64. 

State  agricultural  societies,   incorporation   of,   Act   65. 

State  agricultural  society,  management  and  control    of.  Act  67. 

State  agricultural  society,  sale  of  property  authorized,  Act  64. 


INDEX.  1621- 

AGRICULTURE.      (Continued.) 

State  agricultural  society,  sale  of  property,   commissioner,  appointment  and  duties, 

Act  64. 
State  agricultural  society,  sale  of  property,  costs  and  expenses  of,  Act  64. 
State  agricultural  society,  sale  of  property,  deeds  to  state  to  be  executed.  Act  64. 
State  agricultural  society,  sale  of  property,  deed,  title  passing  by.  Act  64. 
State  agricultural  society,  sale  of  property,  defective  title,  indemnity  to  purchaser, 

Act  64. 
State  agricultural  society,  sale  of  property,   disposition   of  proceeds.   Act  64. 
State  agricultural  society,  sale  of  property,  how  conducted.  Act  64. 
State  agricultural  society,  sale   of   property,    indemnifying   purchasers   at   sale.   Act 

64. 
State  agricultural  society,  sale  of  property,  procedure.  Act  64. 
State  agricultural  society,  sale  of  property,  proceeds,  how  applied.  Act   64. 
Supcivisor.s  to  furnish  secretary  of  state  agricultural  society  with  statistics,   Act 

837,  §  66a. 
Tobacco  culture,  experimental  work  in  by  University  of  California,  Act  4113. 
University,  establishment  of  branch  agricultural  experiment  gtations  by,  Act  4258. 
Vines,  better  protection  of.  Act  73. 

ALAMEDA  CITY. 
Bay  Avenue,  Act  81. 
Broadway,  Act  81. 
Buena  Vista  Avenue,  Act  80. 
Clinton  Avenue,  Act  81. 
Incorporation  of.  Acts  83,  84. 
Park  Street,  Act  80. 
Pearl  Street,  Act  81. 
Railroad  Avenue,  Acts  80,   81. 
San  Jose  Avenue,  Act  81. 
Santa  Clara  Avenue,  Acts  80,  81. 
School  department,  funds  for,  Act  82. 
Streets  in,  opening,  Act   79. 
Third  Avenue,  Act  80. 
Versailles  Avenue,  Act     81. 

ALAMEDA  COUNTY. 

Actions  against  state  to  quiet  title  to  certain  lands  in,  authorized.  Act  3796. 

Alameda  City.      See  Alameda  City. 

Assessor,  abolition  of  oifice  and  creation  of  township  assessors.  Act  91. 

Assessor,  no    commissions   for   collections   or   compensation    for   military   roll.    Act 

837,  §  215. 
Attachments  in,  powers  and  duties  of  sheriflfs  in  relation  to.  Act  99. 
Berkeley   horse   railway   company,   resolution   granting   certain   rights    to,   ratified, 

Act   108. 
Brooklyn,   incorporation  of.   Act  425. 
Certain  creek  in  declared  navigable.  Acts  4357,  4359. 
Classitication  and  population  of,  Act  837,  §§  10,  157. 
Constable,  duties  of.  Act  92. 
County  clerk,  additional  deputies.  Act   93. 
County  clerk,  deputy,   salary  of.  Act  90. 
County  clerk,  salary  of.  Act   90. 
County  jailer,   salary  of.  Act   100. 
Creeks  in  declared  navigable,  Acts  4359,  4360. 
Gen.  LawB — 96 


1522  INDEX. 

AliAMEDA  COUNTY.      (Continued.) 
District  attorney,  salary  of,  Act  90. 
Fees,  regulation  of,  Act   106. 
Fireman,  exemption  of  from  poll  tax,  Act  4063. 
Fish,  destruction  of  in  prevented.  Act  1323. 
Gophers  in,  destruction  of.  Acts  111,  186. 

Growing  timber  on  private  grounds,  destruction  of  prevented.  Act  1577. 
Hides  of  slaughtered  cattle,  keeping  of.  Act   182. 
Hunting  on  private  inclosed  grounds  in,  prevention  of,  Act  1577. 
Jailers,  salaries  of,  Act  100. 
Johnson's  Creek,  navigability  of.  Act  4360. 
Justice's  court,  executions  from,  Act  105. 
Licenses,  collection  of.  Act  107. 
Matron  for  county  jail.  Act  837,  §  214  V6. 
Oakland.      See  Oakland. 

Officers,  deputies  and  assistants  of  and  salaries  of.  Act  837,  §  160. 
Officers,  fees  of,  regulation  of.  Act  106. 

Officers  of,  and  salaries,  fees  and  allowances  of,  Act  837,  §  160. 
Officers,  salaries  of.  Acts  89,  90. 
Poll  tax  in,  Act  97. 
Population  of,  Act  837,  §  10. 
Recorder,  deputy,  salary  of.  Act  90. 
Recorder  of,  salary  of,  Act  90. 
Road  and  poll  tax.  Act  97. 

Road  overseers,  compensation  of.  Acts   97,  98. 
Road  overseer  of  Brooklyn  road  district,  salary  of.  Act  98. 
San  Antonio  Creek,  drawbridge  across  authorized.  Act  3098. 
San  Antonio,  estuary  of,  supervisors  to  have  control  of  bridge  across.  Act   104. 
San  Leandro  Creek,  navigability  of.   Act  4360. 
School  moneys,  transfer  of  to  and  from  state  treasury.  Act  109. 
Sheriffs,  compensation  of,   Act  100. 
Sheriffs,  deputies,  salaries  of.  Acta  100,  101. 

Sheriffs,  powers  and  duties  in  relation  to  attachments  in.  Act  99. 
Squirrel  nuisance,  abatement  of.  Act  112. 
Squirrels  in,  destruction  of.  Acts   111,  186. 
Stallions  prevented  from  running  at  large  in.  Act  1063. 
Superior  judges,  additional,  for.  Acts  94-96,  96a. 
Supervisors,  compensation  of,  Act   102. 

Supervisors  to  establish  receiving  hospital  in  Oakland,  Act   103. 
Thistle,  propagation  prevented  in.  Act  4104. 
Treasurer  of,  salary  of.  Act  90. 
Washington  township,  certain  creek  in  declared  navigable,  Act  4359. 

ALAMEDA  CREEK, 

Declared  navigable,  Act  117. 
Removal  of  obstructions  in,  Act  117. 

ALAMEDA,  OAKLAND  AND  PIEDMONT  RAILWAY. 

Certain  privileges  granted  to.  Act  2511. 

ALDERMEN.     See  Supervisors. 

ALIENS. 

Chinese,  licenses  not  to  issue  to.  Act   122. 
Chinese  prohibited  from  fishing,  Act  125. 


INDEX.  1523 

ALIENS.      (Continued.) 

Citizens  only  to  be  employed  in  public  service,   Act  2543. 

Fines  imposed  on  immigrants  unable  to   become  citizens,   Act   1588. 

Fishing  prohibited  by  aliens  incapable  of  becoming  electors,  Act   125. 

Indexing  names  of  persons  declaring  intention  or  becoming  citizens,  Act   2434, 

Inheritance,  property  to  be  claimed  within  five  years,  Act  124. 

Inheritance,  right  of,  Act   124. 

Licenses  not  to  issue  to  aliens  not  eligible  to  become  electors.  Act  122. 

Miners'  licenses  from  foreigners.   Act   1936. 

Miner's  license  not  to  issue  to  aliens  ineligible  to  become  citizens,  Act  1937. 

Names  of  persons  declaring  their  intention  to  become  citizens  to  be  indexed,  ."    t 

123. 
Naturalization,  no  fees  to  be  charged.  Act  837,  §  227. 
Naturalization,  prepayment  of  fees  not  necessary  in,  Act   837,  S  222. 
Not  to  be  given  public  employment,   Act   127. 
Office,  aliens  not  to  be  appointed  to,  Acts  126,   127,  2543. 
Prohibited  from  fishing  in  waters  of  this  state.  Act  1320.     . 

ALMSHOUSES.      See  Paupers. 

Funds   of  pauper,  refunding,  Act  2631,  §  8. 
Support  a  county  charge,  Act  837,  §  223,  subd.  7. 
Support,  duty  of  kindred.  Act  2631,  §§6,   7. 

Support,  inquiry  into  ability  of  inmate  or  relatives.  Act  2631,  5  5. 
Support,  property  subsequently  acquired  chargeable  with,   Act   2631,  §  6. 
Support,  property    subsequently    acquired,    duty    of    district    attorney,    Act  2631, 
§§  6,  7. 

ALPINE  COUNTY. 

Assessors  to  pay  deputies  in.  Acts  255,  4062. 

Classification  and  population  of.  Act  837,  §§  10,  157. 

Fees  and  salaries  of  officers  of.   Act  132. 

Jurors  in,  grand  and  trial,  tax  for  payment  of  fees  of,  Act  135. 

Officers  of,  and  salaries,   fees  and  allowances  of.   Act   837,  §  214. 

Oflicers  of,  fees  and  salaries  of.  Act  132. 

Population  of.   Act   837,  §  10. 

Sheriffs  of,  traveling  fees  of,  Act  133. 

Stallions  prevented  from  running  at  large  in.  Act  1063. 

Taxes,   delinquent,   extending  time  for  selling  property  for,  Act  136. 

Treasurer  of,  bond  of.  Act  134. 

Trespassing  of  animals  in.  Act   1071. 

ALTUEAS. 

Dorris  bridge,  name  of  changed  to  Alturas,  Act  970. 

ALVISO  CITY. 

Incorporation   of.   Act   141. 

AMADOB  CITY. 

Hogs  and  goats  running  at  large  in,  Act   146. 

AMADOR  COUNTY. 

Animals  of  another,  wounding  in,  punishment  of.   Act   1593. 
Assessors  to  pay  deputies  in.  Acts  255,  4062. 
Classification  and  population  of,  Act  837,  §§  10,  157. 
Fencea  in,  Acts  1134,  1135. 


1524  INDEX. 

AMADOR  COTJNTT.      (Continued.) 
Fences,  division,  in,  Act  1138. 

Fences  in,  tearing  down  of,  prevention  of,   Act  1593. 
Fiddletown,  name  of  changed  to  Oleta,  Act  1163. 
Fires,  leaving  of,  punishment  of.  Act   1593. 
Goats,  trespassing  of  on  inclosed  land  prevented.  Act  158, 
Hunting  on  inclosed  private  land,  prevention  of.  Act   1593. 

Officers,  deputies  and  assistants,  and  salaries,  fees  and  allowances.  Act  837,  §  192. 
Officers  of,   salaries  and  compensation  of,  Act   151. 
Oleta,  Fiddletown,  name  of  changed  to,  Act  1163. 
Passing  through  inclosures  and  leaving  them  open,  Act   1593. 
Payment  by  to  Calaveras  county  of  interest  on  indebtedness.  Act   155. 
Plymouth,  hoga  and  goats  prevented  from  running  at  large  in,  Act  2718. 
Population  of.  Act  837,  §  10. 
Revenue  of.  Act  153. 

Roads  in,  location,  construction  and  maintenance  of.  Act  156. 
Roads,  supervisors  authorized  to  declare  certain  road  a  toll  road.  Act  157. 
Stallions  prevented  from  running  at  large  in.  Act  1063. 
Supervisors,  act  relating  to.  Act  152. 

Sutter  Creek,  township  2,  hogs  running  at  large  in,  prevention  of,  Act  1065. 
Sutter  Creek.     See  Sutter  Creek. 

Tax,  additional,  supervisors  authorized  to  levy,  Act  154. 

Toll  road,  supervisors  authorized  to  declare  part  of  certain  road  a  toll  road,  Act 
157. 

AMENDMENTS. 

Articles  of  incorporation,  of.  Act  762. 

Charter,   amendments  to,   election  upon.   Act  1014. 

To  constitution,  submission  of,  Act  705. 

AMEBICAN  FLAG. 

Desecration  of  prohibited.  Act  1193. 

AMERICAN  FORK. 

Navigability  of.  Act  4358. 

AMERICAN  RIVER. 

Fish  commissioners  authorized  to  remove  obsti-uctions  in.  Act  1303. 

AMERICAN  RIVER  RECLAMATION  DISTRICT. 

Creation,  control  and  management  of.  Act  2939. 

AMERICAN  WATER  AND  MINING  COMPANY. 
Authorized  to  extend  its  works.  Act  163. 

AMUSEMENTS.     See  Theaters. 

ANAHEIM. 

Incorporation  of.  Act  168. 
Incorporation  of,  legalizing.  Act  169. 

ANALYST,  STATE.     See  State  Analyst. 

ANATOMY. 

Study  of,  act  providing  for.  Act  174. 

Surrender  of  dead  bodies  for  dissection,  Act  937. 

Pitomotion  of  study  of,  Act  937. 


INDEX. 


ANGORA  GOATS.     See  Goafs. 


ANIMALS.      See  Fish;  Game. 

Assessment  of  migratory  herds  and  distrilsution  of  taxes,  Acts  4052,  4053. 

At  large  in  particular  county  or  town.      See  particular  title. 

Boophilus  annulatus  tick,   extermination  of,  Act  177. 

Bounties  for  destruction  of  wild  animals,  Acts   185,  189. 

Bounties  on  coyote  scalps,  Act  403. 

Bounties  on  coyote  scalps,  actions  against  state   for  authorized.  Act  3792. 

Branding  of  calves  in  certain  counties.  Act   183. 

Bristle  bur,  tack  bur,  or  other  like  device,  use  of  prohibited,  Act  872. 

Carrier  pigeons.      See  Homing  Pigeons. 

Cattle,  hides  of  slaughtered  cattle,  preservation  of.  Acts  182,   183,  184. 

Cattle,  hides  of  slaughtered,  inspection  of.  Act   184. 

Combinations  to  obstruct  sale  of  livestock,  prevention   of.   Act  191. 

Contagious  diseases,  prevention  of  spread  of  amongst  stock,  Acts  178,  179,  180, 

877. 
County  livestock  inspector,  qualifications.  Act  837,  §  54. 
Coyote  scalps,  bounty  on.  Acts  403,  851. 
Cruelty  to  animals,  prevention  of.   Acts  869-871. 

Cruelty  to,  use  of  bristle  bur,  tack  bur  or  similar  device  prohibited,  Act  872. 
Destruction  of,  power  of  supervisors,  Act   837  §  25,  subd.  26. 
Disease,  burial  or  cremation  of  animal  dying  from,  Act   178. 
Diseased,  carrying  of,  when  a  misdemeanor,  Act   178. 
Diseased,  duty  toward  and  punishment  for  violations  of,  Act   178. 
Diseases,  contagious  and  infectious,  prevention  of  amongst  animals,  Acts  178,  179, 

180,  877. 
Dogs.      See  Dogs. 

Drugs  or  poisons,  administering  to,  prevention  of.  Act   192. 
Estray  animals,  Acts  1060  et  seq. 

Estrays,  care  required  of  taker  up  and  liability  of,  Act  1060,  §§  2,  8. 
Estrays,  demand  by  owner  and  tender  of  expenses,  Act  1060,  §§3,  4. 
Estrays,  duty  of  person  taking  up.  Act  1060,   §§  2,  8. 

Estrays,  law  relating  to  does  not  affect  impounding  laws  in  city.  Act    1060,  §  9, 
Estrays,  lien  for  keeping.  Act   1060,  §  1. 
Estrays,  may  be  taken  up.  Act  1060,  §  1. 

Estrays,  notice  of  taking  up,  duty  of  recorder  as  to,   Act  1060.  §2. 
Estrays,  notice  of  taking  up,  fees  of  recorder  for  filing,  Act   1060,  §2. 
Estrays,  notice  of  taking  up,  what  to  contain  and  filing  with  recorder.    Act   1060, 

§2. 
Estrays,  notifying  owner  of  taking  up  of.  Act  1060,  5  2. 

Estrays,  owner  not  appearing  or  paying  charges,  proceedings.  Act  1060,  §  5. 
Estrays,  repeal  of  acts  relating  to,  Act  1060,    §  10,  Act  1073. 
Estrays,  sale  of  and  disposition  of  proceeds,  Act  1060,  §§  5-7. 
Goats.     See  Goats. 

Goats,  buck,  running  at  large  prevention  of.  Acts   1072,  1367. 
Gophers,  destruction  of,  Acts  186,  188. 
Gophers  in  particular  counties.      See  particular  title. 
Hides  of  slaughtered  cattle,  inspection  of,  Act   184. 
Hides  of  slaughtered  cattle,  preservation  of.  Acts  182,  183,  184. 
Hogs  prevented  from  running  at  large  on  townsites.  Acts  1068,  1070. 
Homing  pigeons.      See  Homing  Pigeons. 

Horses,  bristle  bur,  tack  bur  or  other   like  device,  use  of  prohibited.  Act  872. 
Hunting  on  private  grounds  in   certain  counties,   prevention  of,   Act  1577. 
Infectious  diseases  among,  prevention  of.  Acts  179,  180,  877. 


1526  INDEX. 

ANIMALS.      (Continued.) 

Injurious  to  trees,  vines  and  vegetables,  prevention  of  introduction  of  into  state, 
Act   1517. 

Insurance,  life,  health  and  accident  insurance  of  livestock  on  assessment  plan, 
Act   1672a. 

Jacks,  limits  for  keeping  of.  Act  3749. 

Judges  of  the  plains,  act  concerning  and  defining  their  duties,   Act  1741. 

Liens  of  owners  of  bulls,   stallions   or  jacks  used  for  propagation.   Act   1948. 

Lien  on  livestock  kept,  fed  or  pastured.  Act   1947. 

Livestock  inspectors  are  county  officers.  Act  837,  §  55. 

Livestock   inspectors,   powers  and  duties  of.   Act   837,  §  152%. 

Livestock  inspectors,  salaries  of  and  how  paid.  Act  837,   §  55*^. 

Livestock  inspectors,  when  appointed.  Act  837,  §  55%. 

Migratory,  assessment  of.  Act  4052. 

Ordinances  to  preserve  health  of,  expenses  of  enforcement,  payment  of.  Act  837, 
§  251/2. 

Ordinances  to  preserve  health  of  stock,  supervisors  may  adopt.  Act  837,  §  25%. 

Oysters.      Se«  Oysters. 

Particular  animals.      See,  also,  particular  title. 

Poisons,  administering  to,  prevention  of.   Act  192. 

Poultry.      See  Poultry. 

Pounds,  maintenance  and  regulation  of.  Act  837,  §  25,  subd.  14. 

Propagation,  liens  of  owners  of  animals  used  for.  Act  1948. 

Quarantine  against  domestic  animals  from  infected  districts.  Act  2910. 

Rats.      See  Rats. 

Records  of  slaughtered  animals  in  certain  counties,  Act  183. 

Rodents.      See  Rats. 

Rodeos,  regulation  of,  Acts  3027,  3028. 

Sale  of  cattle  or  livestock  infested  with  boophilus  annulatus  tick,  prevention  of. 
Act   177. 

fiheep.      See  Sheep. 

Squirrels,  destruction  of.  Acts  186,  187,   188. 

Squirrels  in  particular  counties.     See  particular  title. 

Stallions,  limits  for  keeping  of,  Act  3749. 

Stallions  running  at  large  in  Mono  county,  prevention  of.  Act  2293.  See  Stal- 
lions. 

State  veterinarian,  creation  of  office  of.  Act   180.     See  State  Veterinarian. 

Tampering  with,  prevention  of,  Act  192. 

Tick,  boophilus  annulatus,  extermination  of.  Act  177. 

Trespassing,  in  particular  counties.      See  particular  title. 

Trespassing  of,  action  for  damages,  security  for  payment  and  procedure,  Act   1059. 

Trespassing  of  animals  upon  private  property,  prevention  of.  Acts  1059,  1061  et 
Beq. 

Trespassing  of,  liability  of  owner,  act  1059. 

Veterinarian,   state.      See  State  Veterinarian. 

Veterinary  surgery.      See  Veterinary  Surgery. 

Wild,   destruction  of.  Acts  185,   188,   189. 

Wild,  bounty  for  destruction,  supervisors  authorized  to  fix.  Act  185. 

Wounding  animals  of  another,  punishment  of.  Act   1593. 

ANNUITIES. 

Annuity    insurance   companies,    formation,    regulation,    powers   and    duties   of.   Act 

1664. 
•Teachers'  annuity  and  retirement  fund.  Act  3570. 
Teachers:'  annuity  and  retirement  fund;   withdrawal  of  contributor,   Act   3571, 


INDEX.  1627 

ANNITLMENT. 

Protection  district  for  nonuser,  Act  2803. 
Reclamation  district  for  nouuser,  Act  2803. 

ANTIOCH. 

Boundaries  of,  Act  197. 
Incorporation  of,  Act  197. 

ANTONIO  CREEK. 

Declared  navigable,  Act  202. 

ANTWERP  MESSENGERS.      See  Homing  Figeon«. 

APIARIES.     See  Be«  Culture. 

APOTHECARIES.     See  Pharmacy. 

APPEALS. 

From  orders  relating  to  reclamation  or  swamp  land  districts,  Act  2976. 

APPRENTICES. 

Act  relative  to  apprentices  and  masters,  Acts  212,  213. 

Binding  minors  as  clerks  or  servants,  Acts  212,  213. 

Children  not  to  be  apprenticed  for  immoral  purposes,  Act  1617. 

Orphan  asylums,  managers  of  authorized  to  bind  children  as,  Act  214, 

APPROPRIATIONS. 

First-class  cities,  appropriation  bills,  Act  2348,  §  61. 
For  relief  of  sufferers  by  Tia  Juana  flood,  Act  4109. 

ARBITRATION,  STATE  BOARD  OF. 

Application  for  arbitration.  Act  219,  §  2. 

Appointment  and  qualification  of  members.   Act  219,  §  1. 

Appropriation  for  expenses  of,  Act  219,  §  7. 

Chairman,  Act  219,  §  1. 

Compensation  and  expenses  of,  Act  219,  §  6. 

Complaints  and  grievances  and  investigation  of,  Act  219,  §  5. 

Contract  against  strike  or  lockout  and  proceedings  on  violation.  Act  219,  §  3. 

Decision,   how  long  binding.   Act   219,  §  4. 

Decision,  notice  that  party  will  not  be  bound  by,  Act  219,  §  4. 

Decision,  within  what  time  to  be  rendered.  Act  219,  S  3. 

Duties,  Act  219,  §  2. 

Hearing  and  decision.   Act  219,  §§2,    3,  4. 

Hearing,  notice  of.  Act  219,  §  3. 

Number  of  members  of.  Act  219,  {  1. 

Oaths  of  members.  Act  219,  §  1. 

Procedure  and  rules,  Act  219,  §  1. 

Proceedings  where  parties  do  not  agree  upon,  Act  219,  §  1. 

Qualifications  of  members.  Act  219,  §  1. 

Refusal  to  submit  to,  selection  of  new  board,  Act  219,  S  1. 

Term  of  office,  Act  219,  §  1. 

Vacancies  in,  filling,  Act  219,  5  1. 

ARBOR  DAT. 

EsUblishment  of,  Act  348. 


1528  INDEX. 

ABCATA. 

Incorporation  of,  Act  4209. 

Union,  name  changed  to  Areata,  Act  4209. 

ARCHITECTURE. 

Certificate,  cancellation  of  for  nonpayment  of  license  fee,  Act  224,  9  7. 

Certificate,  fees  for  recording,   Act  2^4,  §  4. 

Certificate,  new,   issuance  of  after  revocation.  Act  224,  §  5. 

Certificate,  practicing  without  penalty.  Act  224,  §  5. 

Certificate,  revocation    of.  Act  224,  §§4,  5. 

Certificate,  temporary,  issuing  to  nonresident  architect.  Act  224,  §  5. 

Certificate  to  be  recorded.  Act  224,  §  4. 

Certificate  to  practice,  issuance  of.  Act  224,  §  4. 

Certificrte  without  passing  examination  when  granted,  Act  224,  §  4. 

District  boards,  time  and  place  of  meeting.  Act  224,  §  3. 

Examination,   certificate   granted  without,   when,  Act  224,  §  4. 

Examination,  fees  of  applicant.  Act  224,  §  4. 

Examination  of  applicants,  times  and  places  of  holding.  Act  224,  §  3, 

Examination,  who  entitled  to  take.  Act  224,  §  3. 

Fee,  annual  license  fee  of  architect.  Act  224,  §  7. 

Fees  for  recording  certificate,  Act  224,  §  4. 

Fees  for  temporary  certificate  issued  to  nonresident.  Act  224,  §  5. 

License  fee,  annual.  Act  224,  §  7. 

Nonresident  architect,  fee  for  temporary  certificate.  Act  224,  §  5. 

Nonresident  architect,  issuing  temporary  certificate  to.  Act  224,  §  5. 

Nonresident  architect,  right  to  employ,  Act  224,  §  5. 

Northern  district.  Act  224,  §  1. 

Public  buildings,  bond  of  architects  for  contract.  Act  2896,  §  2. 

Seal  of  certificated  architect,  Act  224,  §  5. 

Southern  district.  Act  224,  §  1. 

State  board,  appointment  of,  Act  224,  §  1. 

State  board,  compensation,  members  act  without.  Act  224,  §  1. 

State  board,  exponses  of,  how  paid.  Act  224,  §  1. 

State  board,   meetings  and  quorum.   Act   224,  §  3. 

State  board,  northern  district.  Act  224,   §  1. 

State  board,  number  of.  Act  224,  §  1. 

State  board,  oaths  of  members.  Act  224,  §  2. 

State  board,  officers  of.  Act  224,  §  2. 

State  board,  officers  of,  appointment  and  term  of  office,  Act  224,  §  2. 

State  board,  organization  and  appointment  of  officers.  Act  224,  §§2,  8. 

State  board,  qualifications  of  members.  Act  224,  §  1. 

State  board,  records  open  to  inspection.  Act  224,  §3. 

State  board,  rules  and  regulations,  Act  224,  §  3. 

State  board,  seal.  Act  224,  §  3. 

State  board,   secretary,   duties  of,   Act  224,  §  3. 

State  board,   southern  district.  Act  224,    §  1. 

State  board,  terms  of  office,  Act  224,  §1. 

State  board,  vacancies,  how  filled.  Act  224,  §  1. 

ARCHIVES. 

Keeper  of,  appointment,  duties  and  salary  of.  Acts  1779,  3585. 

AEMOBY.     See  National  Guard. 


INDEX.  1529 

ARMS.     See  Military  Academy. 

Issuing  to  colleges  and  academies,  Acts  229,  230,  2200. 

Sale  of  fire  arms  and  ammunition  to  Indians  forbidden.  Act  1604. 

AEMY  AND  NAVY.      See  National  Guard;   Soldiers  and  Sailors;   Veterans'   Home; 

Woman's  Relief  Corps. 
Army  nurses,  home  for,  Act  3694. 
Jurisdiction   over   lands   acquired   for   military   purposes   ceded   to   United    States, 

Act  3S29. 
Relinquishment  to  United  States  of  lands  required  for  military  or  naval  purposes, 

Act  4214. 
Soldiers,    sailors   and   marines    of   war   of  rebellion   preferred   in    public   services, 

Act  2893. 
Title  to  tide  lands  adjacent  to  lands  held  for  military  purposes  ceded  to  United 

States,  Act  3831. 
Unlawful  wearing  of  badge  of  Grand  Army  of  the  Republic,   prevention  of,  Act 

1392. 

ARREST. 

Escape  or  rescue,  liability  of  sheriCf,  Act  837,  §§  95-97. 

Posse  comitatus,   supervisors  authorized  to  pay  expenses  of,  Act  3959. 

Relief  of  persons  imprisoned  on    civil  process,   Act  235. 

ARROYO  DEL  MEDO. 

Declared  navigable.   Act  240. 

ARROYO  DEL  SAN  ANTONIO. 

Declared  navigable,  Act  1798. 

ARTESIAN  WELLS. 
Defined,  Act   246. 

Flow  from,  prevention  of.  Act  246. 
Particular  counties,   in.      See  particular  title. 
Regulation  of  use  of.  Acts  245,  246,  4356. 
Waste  defined,  Act  246. 
Waste  from,  penalty  for.  Acts  245,  246. 
Waste  from,  prevention  of,  Acts  245,  246,  4356. 

ART  GALLERIES. 

Assumption  of  control  by  trustees.  Act  4164. 

Cities   or   counties   authorized   to    acquire   lands   for   purpose    of   erection    of,    Alt 

2387. 
Gifts  and  donations  to,  encouragement  and  protection   of,   Acts  4163,  4163. 
Relinquishment  of  rights  in  by  founder  or  wife,  Act  4164. 
Trusts  for  benefit  of,  creation  of.  Acts  4162,  4163. 
Trusts  for  benefit  of,  determination  of  validity  authorized.  Act  4165. 

ASEXUALIZATION. 

Provision  for  asexualization  of  certain  persons.   Act  247. 

ASSAULT. 

Assault  upon  certain  federal  and  state  officials,  punishment  of.  Act  693. 
Caustic  or  corrosive  liquids,  assault  with,   punishment  of,   Act  250. 


1530  INDEX. 

ASSEMBLY. 

Assembly  districts,  Acts  1905-1909. 
Election  of  assemblymen,  Acts  1907-1909. 

ASSEMBLY  HALL. 

Construction  of  by  city,  Act  2372. 

ASSESSMENT-EOLL. 

Restoration  of,  Act  3016a. 

ASSESSMENT  INSURANCE.      See  Insurance. 

Livestock,  life,  health  and  accident  insurance  of  on  assessment  plan,  Act  1672a. 

ASSESSMENTS.      See  Irrigation  Districts;   Levee  Districts;   Streets;   Taxation. 

Reclamation  districts  in,  equalization  of,  Act  2972. 

Reclamation  district  No.  108,  Yolo  County,  warrants  and  assessments  to  bear  in- 
terest, Act  2956. 

Reclamation  districts  Sacramento  County,  delinquent  assessments,  collection  of, 
Act  2968.      See  Reclamation  Districts. 

Swamp  land  district.  No.  118,  Contra  Costa  County,  assessment  in.  Act  2958. 

ASSESSOR.      See  Taxation. 

ASSIGNEES. 

Bond  of,   cost  of  chargeable  against  estate.  Act  368. 

Bonds,   deposit  of  money  or  assets  with  coi-poration  and  reduction  of  bonds.  Acts 

770,  1055. 
Corporation  acting  as,  rights  and  duties  of.  Acts  770,  1055. 
Corporations  as,  and  powers  and  duties  of.  Act  770. 
Corporations  authorized  to  act  as,  Acts  770,  1055. 
Deposit  of  moneys  or  assets  with  corporation  and  reduction  of  bonds,  Acts  770, 

1055. 

ASSIGNMENTS. 

Assignee,  bond  of,  chargeable  against  estate,  Act  368. 

ASSIGNMENT   OF  CONTRACTS. 

Bonds,  due-bills,  etc.,  made  assignable.  Act  260. 

ASSOCIATIONS.     See  Unincorporated  Associations;  Water  Users'  Associations. 

ASYLUMS.      See  Deaf,  Dumb  and  Blind  Asylum;  Orphan  Asylums. 
Sheriff,  compensation  of,  for  carrying  insane  persons  to,  Act  3627. 
State  hospital  for  miners.  Act  2224. 

ATTACHMENT. 

Exemption  of  property  of  building  and  loan  associations,  Act  429. 
Exemption  of  property  of  building  and  loan  association  in  liquidation,  Act  429. 
Expenses  for  property  seized  on,  or  execution  and  how  paid,  Act  837,  §  215. 
For  disobedience  of  subpoenas,  Act  2348,  §  862,  subd.  17. 

ATTORNEY  AT  LAW. 

Admission  of  to  practice.  Act  271. 

City  attorney,   assistants  in  cities  and  cities  and  counties  over  certain  size,  Act 

599. 
Disbarment  of,  Act  271. 


INDEX.  1531 

ATTORNEY  AT  LAW.      (Continued.) 

Foreclosure,  attorneys'  fees  and  other  charges  in,  aliolition  of,  Acts   1213,  2330. 

Foreclosure,  attorneys'  fees  to  be  fixed  by  court,  Acts   1213,  2330. 

For  state  board  of  health  and  board  of  health  of  San  Francisco,  Act  2831. 

Officers,  certain,  not  to  have  law  partner,   Act   837,  §  65. 

Officers,  certain,  not  to  practice  law,  Act  837,  §  65. 

Police  courts  in  cities  of  first  class,  qualifications  of  attorneys,  Act  2348,  §  243. 

Qualifications  to  practice  before  justices  in  cities  of  first  class,  Act  2348,  §  227. 

ATTORNEY  GENERAL. 

Appropriation  to  purchase  law  books.   Act  264. 

Authorized  to  bid  in  property  for  benefit  of  state.  Act  265. 

Commissions,  payment  of  for  collection  of  delinquent  taxes  legalized.  Act  4046. 

Department  of  engineering,  is  adviser  to.  Act  3812,  §  18. 

Duty  of  on  violation  of  law  against  trusts.   Act  4166,  §  2. 

Duty  where  foreign  corporation  violates  anti-trust  law,  Act   4166,  §  3, 

Providing  office  of  with  law  books.  Act  266. 

State  librarian  to  furnish  with  law  books.  Act  266. 

AUBURN. 

Trustees  authorized  to  remove  cemetery  and  to  donate  land  for  park,  Act  276. 

AUDITORS. 

Accounts  current  with  treasurer,  to  keep.  Act   837,  §  112. 

Acts   of   legalized,    Act  2982. 

Bonds  of.      See  Bonds. 

Cities  of  first  class,  audited,  meaning  of.  Act  2348,  §  92. 

Cities  of  first  class,  auditing  of  demands,   Act   2348,  §§  91-94. 

Cities  of  first  class,  demands,  effect  of  one-twelfth  act,  Act  2348,  §§  102-105. 

Cities  of  first  class,   demand  of  auditor,  how  audited.  Act  2348,  §  94. 

Cities  of  first  class,  demands,  remedy  on  rejection  of.  Act   2348,  §§  99,  100. 

Cities  of  first  class,  deputies  and  clerks  in  and  salaries  of.  Act  2348,  §  26,  subd.  3. 

Cities  of  first  class,  powers  and  duties  of.  Act  2348,  §  121. 

Cities  of  first  class,  receipts,  duty  in  relation  to,  Act   2348,  §  98. 

Cities  of  first  class,  salary  of,  Act  2348,  §  26,  subd.  3. 

Cities  of  third  class,  salaries  of  clerk  and  auditor.  Act  2348,  §  506. 

Consolidation,  separation  and  reconsolidation    of    auditor    and    recorder,    Act    837, 

§  55. 
Consolidation,  separation  and  reconsolidation    of  county  clerk  and  auditor.  Act  837, 

§  55. 
Consolidation,  separation  and  reconsolidation   of  county  clerk,  auditor  and  recorder, 

Act  837,  §  55. 
County  officer,  is.  Act  837,  §  55. 
Deputies  and  assistants  in  various  counties  and  salaries  of.      See  Counties;   also 

particular  title. 
Duties    regarding    persons    indebted    to    county    or    holding    moneys    payable    into 

treasury.  Act  837,  §  111. 
Duties  required  by  law,  must  perform.  Act  837,  §  118. 
Estimates  of  revenue,  furnishing  to  supervisors,  Act  837,  §  36. 
Joint  statement  with  treasurer  to  supervisors,  Act  837,  §  117. 
Office  hours,  Act  837,  §  61. 
Recorder    and   auditor,    separation   of   in   counties   of   fifth    class.    Act  837,  §  162, 

subd.  17. 
Salaries  and  fees  in  various  counties.      See  particular  county. 
Settlements  with  county  treasurer,  Act  837,  §§  77,  79. 


1533  INDEX, 

AUDITORS.      (Continued.) 

Statement  of  fees  to  precede  warrant  for  salary,  Act  837,  §  221. 

Statement  of  indebtedness  and  property,  preparing  for  snpervisors,  Act  837,  §  50. 

Statements  of  to  supervisors,  Act  837,  §  36. 

Swamp   land  funds  paid  into   county  treasuries,  duties  of  auditor,   controller  and 

treasurers.   Acts   1280,   3  920. 
Treasurer,  duty  to  examine  books  of,  Act  837,  §  114. 
Treasurer,  to  charge  with  moneys  deposited  with,  Act  837,  §  112. 
Treasurer,  to  charge  with  moneys  received.   Act   837,  §  69. 
Treasury,  counting  cash  in,  Act  837,  §§  87,  115,  116. 
Warrants,  duties  regarding.  Act  837,  §§  109,   110,  113. 

AURORA. 

Mining  corporations  of  Aurora,  Nevada,  authorized  to  change  their  places  of  busi 
ness  to  California,  Act  2238. 

AUTOMOBILES.      See  Motor  Vehicles. 

Act  regulating  operation  of  on  public  highways,  Act  2331. 

Franchises  for  paths  and  roads  for  bicycles  and  horseless  vehicles,  Act  1464. 


B 

BAILMENTS.     See  Pawnbrokers;  Warehouses. 

BAKING. 

Forbidden  between  6  P.  M.  Saturday  and  6  P.  M.  Sunday,  Act  3951. 


BALL,  ROBERT  C. 

Authorized  to  sue  state.  Act  3788. 

BALLAST. 

Throwing  overboard  of  ballast  prevented.  Act  4354. 

BANK  COMMISSIONERS. 

Creation  of  board  of.  Acts  295,  296. 

Powers  and  duties  of,  Act  296. 

Repeal  of  act  of  1903,  relating  to,  Act  298. 

BANKRUPTCY  AND  INSOLVENCY. 

Insolvency  law,  Act  1654. 

Insolvent  debtors,  acts  for  relief  of.  Acts  281-283,   1654. 


Bank  commissioners,  creation  of  board  of,  Acts  295,  296. 
Bank  commissioners,  powers  and  duties  of,   Act  296. 
Bank  commissioners.      See  Bank  Commissioners. 

Banking,   persons,   associations   or   corporations   prohibited   from   exercising  privi- 
leges of.  Act  2284. 
Business  of,  act  of  1909    regulating.  Act  297. 
Business  of,  definition  of.  Act  297. 

Certificates  of  deposit,  action  for  after  death,  limitation  on,  Act  3876. 
Creation  of  paper  to  circulate  as  money.  Act  2284. 
Deposit  of  city  and  county  funds  in,   authorized,   Act   1285. 
Deposit  of  city  and  county  funds  in,  regulation  of,  Act  1285. 
Deposit  of  state  moneys  in  banks,  Acts  4133,  4134. 


INDEX.  153S: 

BANKS.      (Continued.) 

Deposits,  unclaimed,  publishing  statements  as  to,  Acts  292,  293. 

Formation  of  banking  corporations.   Act   288. 

No  limitations  against  banks  and  trust  companies,  Act   3877. 

Savings  banks,   collection  of  deposits  by  next   of  kin,   Act   1052. 

Savings  banks,    deposits,    unclaimed,    publication    of   statements   as    to.    Acts   292, 

293. 
Savings  banks,  dissolution  and  winding  up  of  and  disposition  of  funds,  Act  294.. 
Savings  corporation,  formation  of.  Acts  288—290. 
Statements  of  unclaimed  deposits,  publication  of.  Acts  292,  293. 
Statements,  sworn,  publication  of,  Acts  291-293. 

BARBERS. 

Regulation  of  the  practice  of  barbering,  Act  301. 

BASTARDS.      See  Legitimacy. 

BATHHOUSES. 

Precautions  required  of  proprietors  of  for  safety  of  public,  Act  4369. 

BATTALION.     See  Naval  Battalion. 

BEACONS. 

Mooring  to  buoys  or  beacons  prevented,  Act  4354. 
Protection  of,   Acts   432,   2445,   4354. 

BEAR  VALLEY  MUTUAL  WATER  COMPANY. 

Conveyance   by    trustees   of    Southern   California    State   Hospital   to,    ratified.    Act 
1637b. 

UEE  CULTURE. 

Inspectors  of  apiaries,  supervisors,  authorized  to  appoint,  Acts  306,  307. 
Inspectors  of  apiaries,  compensation,  duties  and  powers  of.  Acts  306,  307. 
(San  Bernardino  County,  regulation  and  protection  of  bee-keeping,  Act  3115. 

Af.NEFIT  SOCIETIES. 

Authorized  to  incorporate.  Act  3005. 

Mutual  benefit  and  relief  associations,  act  relating  to.  Act  312. 

BENEVOLENT  COBORATIONS. 

Formation  of  corporations  for  benevolent  purposes.  Acts  317,  318,  319. 

BENICIA. 

Assessor  of,  election  of.  Act  326. 

City  marshal  of,  election  of.   Act   326. 

Government  of.  Act   327. 

Incorporation  of  under  municipal  corpo'ration  bill,   Act  327. 

Titles   in,    settlement   of,    Act   324. 

Treasurer  of,  election  of,  Act   326. 

Waterfront  of  city  ceded  to.  Act  325. 

BERKELEY. 

Charters  of.  Acts   331,  332,  and  note. 

Incorporation  of.  Act   330. 

Justices'  court  for,  creation  of.  Act  333. 


1534  INDEX. 

BERKELEY  HORSE  RAILWAY  COMPANY. 

Resolution  of  supervisors  granting  certain  rights  to,  ratified,  Act  108. 

BICYCLES. 

License  on,  using  fees  for  construction  of  paths,  Act  1942. 
Licensing  of  authorized,   Acts   1942,  2345. 
Franchises  for  paths  or  roads  for.  Acts  1234,  1464. 

BID  WELL,  ANNIE  E.  K, 

Grant  by  of  land  in  Butte  County  for  park,   governor  authorized  to   accept,  Act 
2885. 

BIGLER.     See  Lake  Bigler. 

BIG  OAK  FLAT  ROAD. 

Appropriation  to  purchase,  Act   1452. 

BIG  OAK  FLAT  AND  YO  SEMITE  TURNPIKE  ROAD. 
Purchase  of.  Act  4468. 

BIG  RIVER  TOWNSHIP. 

Mendocino  County,  purchase  and  construction  of  free  bridges  in,  Act  2167. 

BIG  TREE  GROVE,  MARIPOSA, 

Management  of,  Act  339. 

Protection  of,  Act   1405. 

Protection  of  big  trees  in  Fresno,  Tulare  and  Kern  counties,  Act  338. 

Transfer  to  general  fund  of  moneys  for.  Act   1287. 

BILL  OF  EXCEPTIONS. 

Destruction  of,  proceedings  on.  Act  435. 

BILLS  AND  NOTES. 

Act  relating  to  bills  of  exchange  and  promissory  notes.  Act  344. 

BIRD  DAY. 

Establishment  of,  Act  348. 

BIRDS.     See  Game. 

BIRTHS. 

Record  of  in  cities  of  first  class.  Act  2348,  §§  183,  184. 

BLIND.      See  Adult  Blind. 

BLIND  ASYLUM.      See  Adult  Blind;  Deaf,  Dumb  and  Blind  Asylum. 

BLINDNESS. 

Regulation  of  medical  practice  so  as  to  prevent  blindness  in  infants,  Act  2160. 

BLUE  BOOK. 

Compilation,  printing,  binding,  publishing  and  distribution  of,  Act  349. 

BLUE  CRANES. 

Capture  and  destruction  of  prevented.  Act  1316. 

B'NAI  BRITH. 

Corporate  powara  conferred  on  order  of.  Act  354. 


INDEX.  168S 

BOARD  OF  ACCOUNTANCY.     See  Accounts. 

BOABD  OF  COMMISSIONERS. 

State,  to  issue  bonds  to  pay  funded  indebtedness,  creation  of,  Act  881. 
Particular  commission.      See  particular  title. 

BOARD  OF  EQUALIZATION.     See  Taxation. 

BOARD  OF  EXAMINERS. 

Appropriation  for  purchase  and  protection  of  forests,  to  control,  Act  1217. 
Duties  of  regarding  funds.   Act   362. 

Exchange  of  commodities  between  public  institutions,  duties  as  to,  Act  2845. 
Furnishing  board,   is,   for  state  officers   and  legislators,   Act   359. 
Investment  of  moneys  of  estates  in  state  treasury  in  bonds,  Act  1056. 
Moneys  from  school  lands,  authorized  to  invest  in  county  bonds.  Act  360. 
Old  furniture  and  material,  authorized  to  sell,  Act  361. 
Supplies  for  state  officers  and  legislators,  to  furnish,  Act  359. 

BOARD  OF  FREEHOLDERS. 

Elections  for.  Act  367. 

BOARD  OF  HEALTH.     See  Public  Health. 

BOARD  OF  MEDICAL  EXAMINERS. 
Reproduction  of  register  of.  Act  438. 

BOABD  OF  PHARMACY. 

Reproduction  of  register  of,  Act  438. 

BOARD  OF  TRADE. 

Acknowledgments  by  validated.  Act  19. 
Formation  of,  Act  568. 

BOLINAS  BAY. 

Destruction    of  fish  in  prevented,  Act  1324. 

BONDS. 

Assignability  of,  Act  260. 

Assembly  hall,  bonds  for  construction  of,  issuance.  Act  2372. 

Assembly  halls,  bonds  for,  sale  and  payment.  Act  2372. 

Board    of    examiners    authorized    to    invest   moneys   from    school   lands   In   county 

bonds.  Act  360. 
Bonded  indebtedness,  counties  authorized  to  create.  Acts  371,  373. 
Boulevards,  for  construction  of.  Act  1449. 
Central  Pacific  railroad  bonds  of  1864,  transfer  into  general  fund  of  moneys  held 

for  redemption  of  coupons  of,   Act   1290. 
Cities   and   counties,   election  on   question  of   issuing  bonds  for  expenses  of  year 

1883,  Act   383. 
Cities  authorized  to  issue  for  purpose  of  investing  proceeds  in  other  bonds  issued 

for  public  improvements.   Act  388. 
Cities,  issuance  of  by  for  protection  from  overflow  by  water.  Act  2306. 
Cities  of  first  class,  bonds  of  ofiicers.  Act   2348,  §  24. 

Cities  of  first  class,  corporate  debt,  fund  for  payment  of.  Act  2348,   §  90,  subd.  2. 
Cities  of  second  class,  officers  of,  bonds  of.  Act   2348,  §  302. 
Cities  of  second  class,  officers  not  to  be  sureties.  Act  2348,  §  304. 
Cities  of  second  class,  bonded  indebtedness,  how  paid,  Act  2348,  §  331. 


1536  INDEX. 

BONDS.      (Continued.) 

Cities  of  third  class,  bonded  indebtedness,  taxes  in  case  of,  Act  2348,  §  534. 

Cities  of  third  class,  bonds  of  officers  of,  Act  2348,  §  504. 

Cities  of  fourth  class,  bonds  of  officers  of.   Act  2348,  §§  605,   607. 

Cities  of  fifth  class,  bonds  of  officers  of,  Act  2348,  §  753. 

Cities  of  sixth  class,  bonds  of  officers  of.  Act  2348,  §  853. 

Cities  of  si.\th  class,  taxes  in  case  of.  Act  2348,  §  873. 

Cities  other  than  first  class,  funding  debts  and  issuing  bonds,  Act  882. 

City,  compromise  of  bonded  indebtedness  by.  Act   386. 

City,  consent  to  judgment  by  city  in  favor  of  holders  of  bonds,  Act  386. 

City,  declaring    all  indebtedness  due  at  once.  Act  386. 

City,   destruction  of  where  unexecuted  and  unsold.   Act  385. 

Civil  bonds  of  1857,  transfer  of  moneys  held  for  payment  of  coupons  of,  t<i  pre  i  - 

eral  fund.  Act   1289. 
Consolidation  of  offices,  bond  of  officers  on,   Act   837,  §  55. 
Counties  authorized  to  create  bonded  indebtedness,  Acts  370,  371,  373. 
Counties,  authorized  to  create  bonded  indebtedness  for  debts  not  created  by  law, 

Act  384. 
Counties,   election  on   question  of  issuing  bonds   for  expenses  of  year   1883,  Act 

383. 
County  indebtedness,  refunding  and  issuing  bonds.  Act  837,  §  25,  subd.  13. 
County,  refunding  bonds  at  less  rate  of  interest,  Act   373. 
County,  submitting  issuance  of,  to  electors,  Act  372. 
Cost  of  official,  payment  of  by  state,   county  or  city,  Act  382. 
Cost  of  when  a  charge  against  trust  estate.  Act  368. 
Costs,  bond  for  in  actions  for  libel  and  slander.  Act  1931. 
Declaring  all  bonded  indebtedness  due  at  once  by  city.  Act  386. 
Deposit  of  moneys  or  assets  with  corporation  and  reduction  of  bonds.  Acts  770, 

1055. 
Destruction  of  municipal  bonds  executed  and  remaining  unsold,  Act  385. 
Election  by  counties  on  question  of  issuing  bonds  for  debts  not  authorized,   Act 

384. 
Election  on  question  of  issuing  bonds  by  cities  for  expenses  of  year   1883,   Act 

383. 
Failure  to  provide  for  payment  of  bonds  or  interest.  Act   837,  §  25,  subd.  14. 
Ferry  and  passenger  depot  of  San  Francisco,  bonds  for  constructing  and  furnish- 
ing;,  Acts    1152,   1426. 
Form  of  county.  Act  837,  §  25,  subd.  13. 

Form,  may  be  issued  as  coupon  or  registered  bonds.  Act  387,  §  2. 
Franchises,   to   secure  performance  of,   cancellation   of   and   giving   of  new  bonds, 

Act   1228. 
Funding  of  county  indebtedness.  Acts   369,   370,   373. 
Highways,  for  improvement  of.  Act  1448. 

Improvements  by  city,  character  and  form  of  bonds.  Act  2900,  §§6,  7. 
Improvements  by  city,  for,  interest  on.  Act  2900,  §  7. 
Improvements  by  city,  issuance  of  bonds  for.  Act  2371. 
Improvements  by  city,  for,  tax  levy,  Act   2900,  §  8. 

Improvements  by  city,  limit  on  amount.  Act  2371,  §  4;   Act  2900,  §  5. 
Improvements  by  city,  sale  of  bonds  and  application  of  proceeds.   Act  2900,  §  6. 
Improvements,  city,  sale  and  payment  of.  Act  2371. 
Interest  on  state  bonds  held  in  trust  for  university  and  school  funds,  payment  ol. 

Act   374. 
Investment  bonds,  cities  authorized  to  issue.  Act  388. 
Investment  in  of  moneys  in  sinking  fund  of  any  county,  city  and  county,  or  city. 

Act  1284. 


INDEX.  1537 

BONDS.      (Continued.) 

Investment  of  moneys  of  estates  in  state  treasury  in  bonds.  Act  1056. 

Irrigation.      See  Irrigation. 

Legalization,  where  authorized  by  more  than  two-thirds  of  the  voters,  Act  389. 

Levee  districts.      See  Levee  Districts. 

Municipal,  defaced  or  mutilated,  Issuance  of  duplicates,  Act  440. 

Officers  of  certain,   Act   837,  §  66. 

Officers  of  particular  county.      See  particular  title. 

Official  approval  of.  Act   837,  §  66. 

Official,  justification  of  sureties,   Act   837,  §  66. 

Official,  liability  of  sureties  on,  Act   837,  §  62. 

Official,  premium,  payment  of  by  state,  county  or  city.  Acts  379,  2544. 

Official,  recording  and  filing  of.  Act  837,  §  66. 

Official,  suits  on.  Act   378. 

Official,  supervisors  to  fix  of  what  officers.  Act   837,  §  66. 

Official,   surety  corporations  allowed  to   act  as  sole  surety.  Act  377. 

Particular  counties,  bonds  of.      See  particular  title. 

Receivers,  assignees,  trustees,  guardians,  and  executors,  of,  chargeable  against 
estate,  Act   368. 

Reclamation  districts,  of.      See  Reclamation  Districts. 

Refunding  bonds,  form  of.  Act   837,  §  25,  subd.  13. 

Refunding  bonds,   issuance,   sale  and  redemption  of.  Act   382. 

Refunding  indebtedness  and  issuing  of  bonds.  Act  837,  §  25,  subd.  13. 

Refunding  of  debt  in   cities  other  than  first  class,   authorized.   Acts   2367,   2368. 

Refunding,   supervisors   authorized  to   refund.   Acts   362,   3961. 

Registry,  municipal  bonds  may  be  issued  as  registered  or  coupon  bonds.  Act  387, 
§2. 

Registry  of  municipal  bonds,  effect  of  and  rights  of  holder.  Act   387,  §  1. 

Registry  of  municipal  bonds,  form  of.  Act   387,  §  1. 

Registry  of  municipal  bonds,  right  of.  Act  387,  §  1. 

Road  district  improvements,  for.  Act  1465. 

San  Diego  Bay,  issuance  of  bonds  by  harbor  commissioners  of,  submission  to  peo- 
ple of  question  of.  Act   1438. 

Sanitary  districts,  of.      See  Sanitary  Districts. 

Schools.      See  Schools. 

School,  registration  of.     Act  3536. 

Seawall  in  San  Francisco,  state  bonds  for,  submission  of  proposal  to  electors,  Act 
376. 

State,  board  of  commissioners  to  issue  bonds  to  pay  funded  indebtedness,  creation 
of.  Act  381. 

State  Capitol,  for.  Act  3805. 

State  highways,  bonds  for  construction  of  system  of,  submission  of  question  of 
issuance  to  people.  Act  1467. 

State,  redemption  and  payment  of  funded  indebtedness.  Acts  375,  380,  381. 

Street  improvement  bonds.  Act   3932. 

Street  improvement  bonds,  system  of,  Act   3932. 

Submitting  to  qualified  electors  proposed  issue  of  bonds,  Act  372. 

Surety  companies  authorized  to  act  as  sole  sureties,  Act  377. 

Water,  bonds  to  protect  cities  from  overflow,  sale  and  payment,  Act  2366. 

Waters,  issuance  of  bonds  by  cities  to  protect  from  overflow,  Act  2366. 

BOOKS. 

Copies  of  books  kept  by  officers  which  have  been  destroyed  by  conflagration,  Act 
442. 

Gen.  Laws — 97 


1538  INDEX. 

BOOKS.      (Continued.) 

Mining  corporation,  of,  are  open  to  inspection,  Act  2239. 
Particular  officers,  of.      See  particular  title. 

BOOMS. 

Franchises  for  constructing,  supervisors  authorized  to  grant,   Act  892. 
Supervisors  authorized  to  permit  building,  Act  4362. 

BOOPHILUS  ANNULATUS  TICK. 
Extermination   of.   Act   177. 

BOTANY. 

Cities  or  counties  authorized  to   acquire  land  to   exhibit  botanical  products,    Act 
2387. 

BOULEVARD. 

Bonds  for  construction,  etc.,  of.  Act   1449. 

Boulevard  districts,  act  relating  to,  Act  1449. 

Cities  and  cities  and  counties  authorized  to  acquire  and  maintain,  Act  2878. 

Cities  authorized  to  permit  constructon  of  boulevards  over  streets,  Act  2386, 

Construction,  maintenance  and  use  of  boulevards.  Act   1449. 

Definition  of.   Act  1449. 

Formation  of  boulevard  districts.  Act  1449. 

State,  construction  and  maintenance  of  in  cities  authorized,   Act  2386. 

BOUNDARIES. 

City,  altering,  Acts   2373,  2374,  2375,  2377,  2379. 
County  boundaries.      See  County  Boundaries. 
Irrigation  districts,  of,  change  of.  Act  1719. 
Markings  of  government  surveys,   perpetuation   of,   Act  3993. 
Municipal  corporations,  change  of.  Acts  2373,  2377,  2379. 

State,  correction,  defining  and  establishment  of  eastern  boundaries,  Acts  397,  398, 
3780. 

BOUNTIES. 

Actions  against  state  for  bounties  on  coyote  scalps  authorized.  Act  3792. 

Destruction   of  wild  animals,  bounty  for.  Acts      185,   189. 

Coyote  scalps,  on.  Acts  403,  851. 

Coyote  scalps,  actions  against  state  authorized.  Act  3792. 

Ramie  fiber,  bounty  for,  Act  2937. 

BOURN,  A.  J. 

.      Claim  of,  against  state,  appropriation  to  pay.  Act  3788. 

BOWMAN,  JAMES, 

Governor  authorized  to  execute  quitclaim  deed  to  successors  of.  Act   1386. 
Interest  of  state  in  water  lot  quitclaimed  to  successors  of.  Act  4028. 

BRAKES. 

Brakes  and  fenders,  streetcars  and  dummies  to  be  equipped,  Act  2932. 

BRANCIFORTE. 

Titles  in,   settlement  of.   Act  408. 

BRANDS.      See  Marks  and  Brands. 


INDEX.  1539 

BRAZOS  DEL  RIO. 

Name  changed  to  Rio  Vista,  Act  413. 

BRIDGES. 

Adjoining   counties   authorized   to   enter  into   agreements  relating  to   jointly  with 
otlier  persons  or  corporations,  Act   421. 

Cities  authorized  to  maintain  drawbridges.  Act  418. 

City  limits,  within,  expense  of  building  or  reconstructng.  Act  419,  §  2. 

City  limits,  within,  power  of  county  supervisors  to  repair,  rebuild  or  change  loca- 
tion of,  Act  419,  §  1. 

Contracts  for,  change  of.  Act  837,  §  38. 

District  attorney  to  proceed  against  persons  neglecting  to  pay  ferry  or  bridge  li- 
cense, Act   1938. 

Estuary,  pond,   swamp  or  arm  of  bay,   bridge  across  and  powers  of   supervisors, 
Act  420,  §  8. 

Feather  River,  bridge  across  declared  a  free  bridge,  Act  1103. 

Joint  bridge,  construction   of   by   county   and   person   or   corporation,    maintaining, 
Act  419,  §  1. 

Joint  bridge,  division  of  expense  of  building  and  maintaining.  Act  419,  §  2. 
Napa  River,   construction  of  bridge  across  at  Napa   City,   Act  2419. 

Navigable  stream  between  counties,  either  county  may  construct  bridge  when,  Act 
420,  §  3. 

Navigable  stream  between  counties,  supervisors  may  join  to  construct  bridge  over. 
Act   420,  §  3. 

Navigable  stream,  franchise   to    erect   bridge    across,    supervisors    may    grant.    Act, 
420,  §  1. 

Navigable  stream,  franchises  to  erect,  county  on  left  bank  controls.  Act  420,  §  2. 

Navigable  stream,  state  engineer,  hearing  before,  Act  420,  §  5. 

Navigable  stream,  state  engineer,  notice  to  and  duty  of,  Act   420,  §  4. 

Navigable  stream,  state  engineer,  plans  of.  Act   420,  §  5. 

Navigable  stream,  supervisors  granted  power  to  erect,  Act  420,  §  1. 

Navigable  streams,  surveyor  general  performs  duties  of   state  engineer  when,   Act 
420,  §  6. 

Navigable  streams,  tolls.      See  Toll  Bridges. 

Particular  county,   in.  Act   1266. 

Plans  and  specifications,   change  of.  Act   837,  §  37. 

San  Antonio  estuary,  bridge  across,  construction  of,  authorized,  Act  2518. 

Supervisors,  powers  and  duties  of,  Act  837,  §  25,  subd.  4. 

Toll.      See  Toll  Bridges. 

BROKERS. 

Pawnbrokers.      See  Pawnbrokers. 

BROOKLYN. 

Incorporation  of.  Act  425. 

BUILDING  AND  LOAN  ASSOCIATIONS. 

Assessments  for  salaries  and  expenses  of  commissioners.  Act  429. 

Bureau  of  building  and  loan  supervision,  creation  of.   Act   429. 

Bureau  of  building  and  loan  supervision,  offices  for,  Act  429. 

Bureau  of  building  and  loan  supervision,  traveling  and  office  expenses,  Act  429. 

Commissioners,  appointment  and  number.  Act  429. 

Commissioners,  creation  of.  Act  430. 

Commissioners,  duties,  powers  and  compensation,  Act  429. 


1340  INDEX. 

BUILDING  AND  LOAN  ASSOCIATIONS.      (Continued.) 
Commissioners,  powers  and  duties  of,  Act   430. 
Commissioners,  secretary  of,  Act   429. 

Commissioners,  secretary,  powers  and  compensation,  Act  429. 
Commissioners,  succession  in  office,  Act  429. 
Exemption  of  property  of,  Act  429. 
License  fees,  assessing  and  collecting,   Act   429. 
Licensing  building  and  loan  association,  Act   429. 

Liquidation,  exemption  of  property  from  attachments,   executions  and  liens  pend- 
ing. Act   429. 
Liquidation,   involuntary,  by  trustees,  Act  429. 

Penalties  for  violations  of  law  and  orders  of  commissioners.  Act  429. 
Procedure  on  violation  of  law  or  unsafe  practices,  Act  429. 
Reports,  Act  429. 
Succession  in  office,  provision  for,  Act  429. 

BUILDINGS.      See  Public  Buildings. 

Plumbing  and  di-ainage  of  buildings,  regulation  of  by  boards  of  health,  Acts  2838, 

2839. 
Temporary  floors  in  buildings  of  more  than  one  story,  in  course  of  construction, 

Act  2141. 
Tenement  houses,  regulation  of  building  and  occupancy  of,  Act  4097. 

BULLS. 

Lien  of  owner,  where  used  for  propagation.  Act  1948. 

BUOYS. 

Mooring  to  buoys  or  beacons  prevented.  Act  4354. 
Protection  of.  Acts  432,  2445,  4354. 

BURKANK,  LUTHER, 

Birthday  of  set  apart  as  bird   and  arbor  day.   Act  348. 

BUREAU  OF  CRIMINAL  IDENTIFICATION. 

Clerk  of,  appointment  and  qualification,  Act  863. 
Clerk  of,  compensation  of.  Act   863. 
Creation  of.  Act  863. 
Director,  appointment  of.  Act   863. 
Director,  compensation  of.  Act   863. 
Director,  duties,   qualifications  and  powers.  Act  863. 
Expenses  of,  Act   863. 

Wardens  of  state  prisons  to  furnish   with   information  concerning  pirsonerg.    Act 
739. 

BURIAL.      See  Cemeteries;  Death. 

Exhumation  and  removal  of  dead  bodies,  regulation  of.  Acts  436,  545,  897,  2833. 

BUREAU  OF  LABOR  STATISTICS.      See  Labor  Bureau. 

BUREAU  OF  VITAL  STATISTICS.      See  Births,  Deaths;   Divorce;   Labor  Bureau; 
Marriage. 

BURNT  RECORDS.      See  Burnt  or  Destroyed  Records  or  Documents, 

BURNT  OR  DESTROYED  RECORDS  OR  DOCUMENTS. 
Assessment-roll,  restoration  of.  Act  439. 


INDEX.  1541 

BURNT  OR  DESTROYED  RECORDS  OR  DOCUMENTS.      (Continued.) 

Bills  of  exceptions  or  statements  on  motion  for  new  trial,  proceedings  on  de- 
struction of,  Act  435. 

Bonds,    mutilated   or  defaced   municipal   bonds,   issuance   of   duplicates,   Act  440. 

Certificates,  oflicial,  issuance  of  duplicates.  Act  441. 

Copies   of   books,    documents,   maps   or   records    of   officers,    as   evidence.    Act  442. 

Copying  of  books,  documents,  maps,  or  records  required  to  be  kept  by  officers,  Act 
442. 

Establishment  of  titles  where  records  destroyed.      See  Establishment  of  Titles. 

McEnerney  act  to  establish  titles.      See  Establishment  of  Titles. 

New  trial,  bill  of  exceptions  or  statement,  destruction  of,  extension  of  time  for 
preparation.  Act   435. 

New  trial,  granting  of  where  bill  of  exceptions  or  statement  destroyed,   Act   435. 

Records  of  titles,  destruction  of,  establishment  of  titles  in  case  of.  See  Establish- 
ment of  Titles. 

Register  of  board  of  dental   examiners,   reproduction  of,   Act  438. 

Register  of  board  of  medical  examiners,  reproduction  of,  Act  438. 

Register  of  Board  of  Pharmacy,  reproduction  of.  Act  438. 

Restoration  of  court  records  destroyed  by  conflagration  or  other  public  calamity. 
Act  434. 

Titles,  establishment  of  where  records  destroyed.      See  Establishment  of  Titles. 

Warrants,  mutilated  or  defaced  municipal  warrants,  issuance  of  duplicates,  Act 
440. 

BUSINESS  CORPORATIONS.      See  Co-operative  Associations. 
Cooperative  business   corporations,  definition  of,  Act   743. 
Formation  of.  Act   763. 

BUTTE  COUNTY. 

Agriculture,  protection  of  against  trespassing  animals,  Act  445. 

Animals,   trespassing,   in,  protection  against.   Act   445. 

Assessor,  salary  of.  Act  446. 

Auditor  of,  salary  of.  Act  447. 

Butte  and  Plumas  counties,  boundary  line  between.  Act   807. 

Butte  and  Yuba  counties,  boundary  line  between.  Act  803. 

Butts  Creek,  protection  of  fish  in.  Act   1325. 

Chico,   incorporation  of.  Act   583. 

Classification  and  population  of.  Act   837,  §§  10,  157. 

District  attorney,  fees  of,  in.  Act  945. 

Examination  and  counting  of  funds  in  treasury.  Act  464. 

Fees  of  justices  in.  Act  451. 

Fees  of  witnesses  and  jurors  in,  Act  450. 

Fences,   division,  in,  Act    1138. 

Fences  in.  Acts   1134,  1135. 

Fences,  lawful  fence  in,   Act   448. 

Fences,  partition  fences  in.  Act.   448. 

Grant  of  land  in,  by  Annie  E.  K.  Bidwell  for  park,  governor  authorized  to  accept. 

Act  2885. 
Highways  in.  Acts  458,  459. 

Hunting   of  game   within   certain  private   grounds   in,   prevented,   Act   449. 
Ijicenses,  sheriff  to  collect.   Act   460. 
Licenses,  salary  of  sheriff  for  collecting.  Act  460. 
Notaries,  additional,  in,  Act  452. 
Officers,    deputies  and  assistants,   and   salaries,    fees   and   allowances   of,   Act   837, 

§  180. 


1542  INDEX. 

BUTTE   COUNTY.      (ContimiGd.) 

Officers  of,  salary  and  compensation  of,  Act   453. 

Oroville,  hogs  running   at   large   in,    prevention   of.    Act   1065. 

Population  of,   Act   837,  §  10. 

Records  of,  recorder  authorized   to  make   copies  of,   Act  455. 

Records  in,  transcribing  of  authorized.   Act   454. 

Roads  in.  Acts  456-459. 

Sheriff  of,  act  concerning.   Act   461. 

Sheriff  of  and  his   compensation,   Act   461. 

Sherit¥,  salary   of   for   collecting   licenses.   Act   460. 

Sheriff  to  collect   licenses,   Act   460. 

Stallions  prevented  from  running  at  large  in,  Act   1063. 

Superintendents  of  schools,  salary  of.  Act   462. 

Tehama  County,   transcribing  records  of  from  Colusa,   Shasta  and  Butte  counties, 

Act  4075. 
Transfer  of  swamp  land  funds  to  general  fund,  Act  463. 
Treasurer  of,  counting  and  examination  of  funds  in  treasury,  Act  464. 
Treasurer  of,  salary  of,  Act  447. 
Treasury  of,  better  protection  of,  Act  464. 

BUTTE  CREEK. 

Protection  of  fish  in,  Act  1325. 

BUTTER.      See  Cheese;  Dairies;   Oleomargarine. 

Deception  in  manufacture   and  sale   of,   prevented,   Act  471. 

Deception  in  sale  of  process,   or  renovated  butter  prevented,   Act   470. 

Designation  of  producer  on  package  containing.  Act   876. 

Fines  for  failure  to  mark  packages,  disposition  of,  Act   467. 

Fraud  and  deception  in  manufacture  and  sale  of,  prevention  of,   Acts   32-34. 

Marking  packages  containing,  district  attorney  to  prosecute  delinquents.  Act  467, 

Marking  packages  containing,  duty  of  state  dairy  bureau,  Act  467. 

Marking  weight  of  packages  containing.  Act  4G7. 

Marking  weight,  violation  of  statute,  punishment.  Act  467. 

Process,  prevention  of  deception  in  sale  of,  Act   470. 

Renovated,  deception  in  sale  of,  prevention  of.  Act  468. 

Renovated,  license  fees,  disposition  of,  Act   468. 

Renovated,  license  of  firms  engaged  in  dealing  in.  Act  468. 

Renovated,  licensing  manufacturers  and  dealers  in.  Act  468. 

Renovated,  records  of  sales  of,  Act   468. 

Renovated,  regulation  of  persons  engaged  in  dealing  in.  Act   468. 

Renovated,  sale  of,  district  attorney  to  prosecute  violations  of  statute.  Act  468. 

Renovated,  sale  of,  fines,  disposition  of.  Act  468. 

Renovated,  sale  of,  prevention   of  deception   in,   Act  470. 

Renovated,  violation  of  statute,  punishment,  Act   468. 

Sale  of  process  or  renovated  butter,  prevention  of  deception  in.  Act  470. 

Sale  of  short  weight  rolls  of,  prevented.  Act  469. 


CALAVERAS   COUNTY. 

Agriculture,  protection  of.  Act  476. 

Assessors  to  pay  deputies  in,  Acts   255,  4062. 

Bonds  of.  redemption  of.  Act   477. 

Bonds  of   treasurers  of,  Act   489. 

Classification  and  population   of.   Act  837,  §§  10,  157. 


INDEX.  1543 

CALAVERAS  COUNTY.      (Continued.) 

Constables  of,  fees  of,  Act  478. 

Constables  of,  regulation  of.  Act   482. 

District  attorney  of,  Act   479. 

Fees  of  constables  in.  Act  478. 

Fees  of  officers  in,  Acts   480,  481. 

Fences  in.  Acts   1134,  1135. 

Highways  in,  provisions  of  Political  Code  applied.  Act  486. 

Highways.      See  post,  Koads,  this  title. 

Justices  of,  regulation  of,  Act   482. 

Mining  claims,  recording  in.  Act   483. 

Officers,  deputies  and  assistants,  and  salaries,  fees  and  allowances.   Act  837,  §  190. 

Officers  of,  duties  of.  Act  481. 

Officers  of,  fees  and  salaries  of.  Acts   480,  481. 

Payment  to  by  Amador  County  of  interest  on  indebtedness,  Act  155. 

Poll  taxes  in,  enforcing  collection  of,  Act   484. 

Population  of.  Act   837,  §  10. 

Roads  in,  location,  construction  and  maintenance  of,  Act  485. 

Roads  in,  provisions  of  Political  Code  applied,  Act   486. 

Rnad  poll  taxes  in,  collection  of.  Act  487. 

Road  laws,   special,  repeal  of.  Act   486. 

Salaries  of  officers  in.  Acts   480,  481. 

Stallions  prevented  from  running  at  large  in.  Act   1063, 

Superintendent  of  public  schools,  salary  of,  Act  488. 

Supervisors  of.  Act   479. 

Treasurers  of,  bonds  of,  Act  489. 

CALAVERAS  RIVER. 

Canal  to  connect  ]\Iormon  Channel  with  riglit  of  way  for.  Act  3353. 
Commissioner  authorized  to  obtain  right  of  way  to  divert  water  of  Mormon  ^Hian- 

nel  into.  Act   3353. 
Right  of  way  granted  United  States  for  canal  from  Mormon  slough  to   Calaveras 

River,  Act  2893a. 

CALIFORNIA  AND  OREGON  R.  R.  CO. 

Act  of  Congress  relating  to,  given  effect  to,  Act  494. 

CALIFORNIA    HOME    FOR    FEEBLE-MINDED    CHILDREN.      See    Feeblemi  idcd 
Children. 

CALIFORNIA  PACIFIC  RAILROAD  CO. 

Certain  rights  and  privileges  granted  to.  Act  499. 

CALIFORNIA  POLYTECHNIC  SCHOOL. 

Act  creating  liberally  construed,   Act   504,  §  1. 

Appropriation  expended  under  direction  of  trustees,   Act   504,  §  7. 

Appropriation  for  site,  buildings  and  maintenance.  Act  504,  §  5. 

Appropriation,  warrants  on,  how  drawn  and  paid.  Act   504,  §  6. 

Establishment   of,    Act   504. 

Location  of.  Act   504,  §  1. 

Purpose  of.  Act   504,  §  1. 

Site,  selection  and  purchase  of,  Act   504,  §  3. 

Trustees,  appointment  of.  Act   504,  §  2. 

Trustees,  government  and  regulation  of,  Act   504,  §  4. 

Trustees,  term  of  office.  Act   504,  §  4. 

Trustees  of,  who  constitute,  Act  504,  §  2. 


1544  INDEX, 

CALIFORNIA  REDWOOD  PARK. 

Appropriation   for,    Acts   509,  510. 

Board  of  commissioners  of,  Act   509. 

Creation  and  management  of,  Act   509. 

Preservation,  improvement  and  maintenance.  Act   510. 

CALIFORNIA  STATE  TRADES  AND  TRAINING  SCHOOL. 

Abandoned  and  dependent,  children,   school  for,  Act   513. 

Establishment  of.   Act   513. 

Orphan  and  half-orphan   children,   school  for,  Act   513. 

Site,  grounds  and  buildings  for,  Act   513. 

Trustees  of,  Act  513. 

CALIFORNIA  VOLUNTEERS. 

Revision  of  records  of  and  publication  of.  Act  520. 

CAMPAIGN. 

Election,  regulation  of  conduct  of,  Act  1021. 

CANAL  CORPORATIONS. 

Incorporation  of,  Acts  525,  526. 

CANALS. 

Construction  of,  Acts  525,  526. 

Construction  of  canal  in  Colusa,   Solano   and   Yolo  counties,   aiding  of.   Acts  531, 

3G77,  4449. 
Mormon  channel  to  Calaveras  River,  Acts  2892,  3353. 
Right  of  way  granted  United  States  for  canal  from  Mormon  channel  to  Calaveras 

River,  Act   2893a. 
Tehama  County,  canal  companies  in,  incorporation  of,  Act  4070. 
Yolo   and   Solano   canal   district,   formation   of   to   protect  lands   from   overflow   by 

Putah  Creek,  Act  2905. 

CANCELLATION. 

Destruction  of  municipal  bonds  executed  and  remaining  unsold,  Act  385. 

CANDIDATES. 

Pledges  by,  prohibited.  Act  2547. 
Pledging  of  prohibited.  Act  2547. 

CAPITAL  OF   STATE.      See  State  Capitol. 

CARRIER  PIGEONS.      See  Homing  Pigeons. 

CARRIERS.     See  Railroads. 

CARRIERS  OF  GOODS. 

Animals  diseased,  carrying  of  a  misdemeanor,  Act   178. 

CARRIERS  OF  PASSENGERS. 

Duties  of  masters  of  vessels  in  relation  to  passengers  arriving,  Act  1587. 
Refusal  to  sell  passage  tickets  to  foreign  country,  punishment  for,  Act  1031. 

CARTWRIGHT  LAW. 

Regulating   trusts,    Act   4166.      See  Trusts. 

CASHMERE  GOATS.      See  Goats. 


INDEX.  1545 

CATTLE. 

Administering:  drngs  OT  poison  to  a  mis^pmonnor.  Act   192. 

Hides  of  slaughtered  cattle,  inspection  of,   Act    184. 

Hides  of  slauglitered  cattle,  keepine  of,  Acts   182,  183,  184. 

Sale  of  cattle  infected  with  boophilus  annulatus  tick,  prohibited,  Act  177. 

CEMETERIES.      See  Cemetery  Corporations. 

Bodies  of  deceased  persons,  protection  of.  Act   54.3. 

Burial  permits,  issuance  and  registration  of,  Act   897. 

Burial.      See  Death. 

Cemetery  districts,  funds  and  how  expended.  Act   546,  §  5. 

Cemetery  districts,  management  of,  Act   546,  §  2. 

Cemetery  districts,  organization     of,  Act   546,  §  1. 

Cemetery  districts,  provision  for,   Act   546. 

Cemetery  districts,  reports  of  trustees.   Act  546,  §  6. 

Cemetery  districts,  rules  and  regulations.  Act  546,  §  7. 

Cemetery  districts,    tax   levy  for.   Act    546. 

Cemetery  districts,  trustees  of,  Act   546. 

Cities  of  first  class,  provisions  relating  to.  Act  2348,   §§  185-192. 

Cities  of  less  than  first  class  authorized  to  obtain  lands  for,  Act   2381. 

Disinterments,  permits  for,  issuance  and  registration  of,  Act    897. 

Duties  of  undertakers  and  sextons  relating  to   deaths.   Act   897. 

Emlialming  of  dead  bodies,  rules  governing.   Act   2830,  §§  18,  19. 

Exhumation  and  removal  of  body   from   one   place   of   intei-meut    to    another   without 
permit  allowed.  Act   545,  §  6. 

Exhumation  and  removal  of  bodies  in  certain   cities,  regulation  of.   Act   544. 

Exhumation  and  removal  of  bodies,  permit  necessary.    Act    545,  §  1. 

Exhumation  and  removal  of  bodies,  permit   not  granted   when,   Act   546,  §  6. 
•  Exhumation  and  removal  of  bodies,  protection    of    public    health    from,      Acts  439, 
2832. 

E.xhumation  and  transportation  of  bodies  without  permit  a  misdemeanor.  Act   545, 
§  4. 

Exhumation,  carrier  or  vehicle  not  to  receive  body  without  permit.  Act  545,  §  4. 

Exhumation  of  bodies,  body  how  to  be  inclosed,  Act  545,  §  2. 

Exhumation  of  bodies,  bodies  not  to  be  transported  without  permit.  Act   545,  §§1, 
3,  4. 

Exhumation  of  bodies,  permit,  what  to  appear  and  form  of,  Act  545,  §  2. 

Exhumation  of  bodies  without  permit  a  misdemeanor.  Act  545,  §  3. 

Exhumation  of  bodies  without  permit,  reward  for  information.  Act  545,  §  5. 

Particular  counties,   in.      See  particular  title. 

Public  graveyards,  protection  of.  Act  543. 

Removal   of  remains   from  one  place   of   interment   to   another  without  permit   al- 
lowed. Act  545,  §  6. 

Right  of  cities  of  sixth  class  to  acquire  and  maintain.  Act  2348,  §  862,  subd.  12. 

Rules  and  regulations  for  government  of,  Act  2381. 

Transportation  of  dead  bodies,  rules  governing,  Act  2830,  §  20. 

CEMETERY  CORPORATIONS.      See  Cemeteries. 
Deeds  by,  manner  of  execution  by,  Act  550. 
Rural  cemetery  associations,  incorporation  of,  Act  549. 

CENSUS. 

City  or  county,  taking  of  by.  Act  555. 
Classification  of  cities.  Act  2347,  §  2. 
Population  of  counties.  Act  837,  §  10. 
Taking  of,  by  county,  duty  of  supervisors,  Act  837,  §  25. 


1546  INDEX. 

CENTRAL  PACIFIC  E.  R.  CO. 

Certain  privileges  granted  to,  Act  562. 

Certificate  of  incorporation  of  San  Joaquin  Valley  Road  validated,  Act  563. 

Construction  of  aided,  Act   561. 

Provisions  of  Pacific  railroad  act,  aiding  in  carrying  out.  Act   562. 

Relocation  of  route  authorized,  Act  560. 

Transfer  into  general  fund  of  monej's  held  for  redemption  of  coupons  of  Central 

Pacific  Railroad  bonds  of  1864,  Act   1290. 
Use  of  to  state  for  military  purposes  secured.  Act  561. 

CEREAL  CROPS.      See  Agriculture;  Growing  Crops. 

CERTIFICATE  OF  DEPOSIT. 

Action  for  after  death,  limitation  on,  Act  3876. 

CERTIFICATES. 

Issuance  of  duplicate  to  replace  destroyed,  Act  3013. 
Official  issuance  of  duplicates  where  originals  destroyed.  Act  441. 
Validation  of  writs,  process  and  certificates  issued  before   courts  have  seals,  Act 
2791. 

CHAUFFEURS. 

Act  regulating  operation  of  automobiles  on  public  highways,  Act  2331. 

CHAMBERS  OF  COMMERCE. 

Acknowledgments  by  validated,  Act  19. 
Formation  of.  Act   568. 

CHARITABLE  CORPORATIONS. 

Formation  of.  Act   318. 

License  tax,  exempt  from,  Act  757. 

CHARITABLE  USE. 

City,  conveyances  by  for  charitable  purposes,  ratification  of.   Act  2382. 

CHARITIES. 

Charitable  societies  authorized  to  incorporate.  Act   3005. 

CHARITIES  AND  CORRECTIONS,   STATE  BOARD  OP. 

Appointment  of.   Act   573,  §  1. 

Compensation,  members  act  without,  Act  573,  §  2. 

Creation  of.  Act   573,  §  1. 

Eligibility,  Act  573,  §  1. 

Expenses  of,  how  paid  and  limit  upon.  Act  573,  §  2. 

Forms  of  registration  at  public  institutions.  Act  573,  §  3. 

Forms  of  reports  and  records  by  state  commission  in  lunacy  and  ty  other  officers, 

Act   573,  §  3. 
General  powers  and  duties.  Act  573,  §  3. 
Governor  ex  officio  a  member  of,  Act  573,  §  1. 
Governor  may  order  investigation  by.  Act  573,  §  5. 
Governor's  power  not  affected  by  act  creating,  Act  573,  §  5. 
Meetings,  failure  to  attend,  effect  of.  Act  573,  §  2. 
Meetings,  quorum,  Act  573,  §  2. 
Meetings,  time  and  place  of.  Act   573,  §  2. 
Number  of  members.   Act   573,  §  1. 
Oaths,  members  may  administer.   Act   573,  §  4. 
Office,  to  provide  in  San  Francisco,  Act  573,  §  2. 


INDEX.  1547 

CHARITIES  AND   CORRECTIONS,   STATE  BOARD   OF.      (Continued.) 
Plans  of  new  buildings  to  be  submitted  to,  Act  573,  §  3. 
Public  instUntinns,  free  access  to  departments  and  records,  Act  573,  §  3. 
Public  institutions,  officers  to  furnish  information  to,  Act   573,  §  3. 
Public  institutions,  production  of  books  and  papers,  Act  573,  §  4. 
Qualifications  of  members.  Act  573,  §  1. 
Reports  of.  Act   573,  §  6. 
Rules  and  orders.  Act  573,  §  2. 

Secretary,  appointment  and  compensation  of.  Act  573,  §  2. 
Secretary,  bond  and  oath.  Act  573,  §  2. 
Term  of  office.  Act  573,  §  1. 

Vacancies,  filling  and  term  of  appointee.  Act   573,  §  1. 
Veterans'  home  at  Yountville  excepted  from  act  creating.  Act  573,  §  7. 
Witness,  disobedience  of  subpoena  or  refusal  to  answer,  punishment.  Act   573,  §  4. 
Witness,  subpoenaing  and  compelling  attendance,  Act  573,  §  4. 
Women  may  be  appointed.  Act  573,  §  1. 
Women's  Relief  Corps  Home  excepted  from  act  creating,  Act  573,  §  7. 

CHARTERS. 

Amendments  to,  election  upon,  Act   1014. 

Elections  upon.  Act    1014. 

Elections  upon  charters  or  amendments  to  charters,  conduct  of.  Act  367. 

Fiscal  year,  changing  in  cities  operating  under  charter.  Act  1193. 

Freeholders,  election  of.  Act  1014. 

CHATTEL  MORTGAGES.      See  Mortgages. 

Limit  of  rate  of  interest  that  can  be  charged  on,  Acts  758,  1673. 

CHEESE.      See  Dairies. 

Branding  grades  of  cheese.  Act  578,  §  1. 

Brands  for  to  be  procured  from  state  dairy  bureau.  Act  578,  §  2. 
Brands  not  to  be  used  by  other  than  one  to  whom  issued.  Act   587,  §  2. 
Brands,  records  of.   Act  587,  §  2. 

Deception  in  manufacture  and  sale  of  prevented,  Act  471. 
Fraud  and  deception  in  manufacture  and  sale  of.  Acts  32-34. 
Grades  of  cheese  defined.  Act  578,  §  3. 

Misdemeanor,  violation  of  statute  relating  to  manufacture  of  cheese,  Act  578,  §  5. 
Sale  of  cheese  manufactured  in  state  not  permitted,  unless   branded  and  graded. 
Act  578,  §  4. 

CHEMICALS. 

Assault  with  caustic  chemicals,  punishment  of.  Act  250. 
Formation  of  corporations  for  chemical  purposes,   Act  763. 

CHICO. 

Incorporation  of,  Act  583. 

CHILDREN.      See  Infancy. 

CHINA  BASIN. 

Ratification  of  lease  of,  in  San  Francisco,  Act   1890. 

CHINESE. 

Aliens  incapable  of  becoming  electors  forbidden  to  fish,   Act  122, 
Certificates  of  residence   of.   Act   590. 
Ooolie  slavery,  prevention  of.  Act  591. 
Deportation   of   criminals,    Act  590. 


1548  INDEX. 

CHINESE.      (Continued.) 

Fine,  act  imposing  on  immigrants  unable  to  become  citizens,  Act   1588. 

Ill-fame,  suppression  of  Chinese  houses  of.  Act   593. 

Immigration  of,  discouraged,    Act   589. 

Immigration  of,  prevention  of,  Acts   588,  589,  590. 

Importation  of  Chinese  criminals,  prevention  of.  Act   591. 

Importation  of  females  for  immoral  purposes,  Acts   592,  2797. 

Kidnaping  and  importation  of  females  for  immoral  purposes,  Act   592. 

Licenses  not  to  issue  to,  not  eligible  to  become  electors.  Act    122. 

Miners'  license  not  to  issue  to  aliens  ineligible  to  become  citizens,  Act   1937, 

Police   tax  on,   Act   589. 

Prohibited  from  fishing.  Act   125. 

Removal  outside  of  city  limits,  Act  594. 

Registration  of,  Act  590. 

Status  of  Chinese  residents,  fixing,  Act  590. 

White  labor,  protection  of  from  competition  with  Chinese  labor,  Act   589. 

CIDEB. 

Sale  of  adulterated,  prohibited,  Act  43. 

CITIZENS.      See   Aliens. 

Citizens  only  to  be  employed  in  public  service.  Acts  126,  127,  2543. 

Civil  rights,  protection  of  all  citizens  in.   Acts   605. 

Fines  imposed  on  immigrants  unable  to  become  citizens.   Act   1588. 

Indexing    names    of   persons    declaring    intention    or   becoming    citizens.    Act   2434. 

Naturalization,  no  fees  to  be  charged,  Act  837,  §  222. 

CITIZENSHIP. 

Prepayment  of  fees  not  necessary  in  naturalization,  Act  837,  §  222. 

CITIES.      See  Municipal  Corporations. 

CITY  AND  COUNTY  ATTORNEY. 

Assistants  to,  appointment  and  compensation  in  cities  and  counties  over  100,000, 

Act  599. 
Cities  of  first  class,  assistants  of  and  salaries  of.  Act  2348,  §  26,  subd.  10. 
Cities  of  first  class,  duties  of.  Act  2348,  §§  133,204. 
Cities  of  first  class,  salary  of.  Act  2348,  §  26,  subd.  10. 

CITY  ATTORNEY. 

Assistants  to,  appointment  of,  and  compensation,  in  cities  and  cities  and  coun- 
ties  over   100,000,   Act   599. 

Cities  of  first  class,  duties  of,  Acts  2348,  §§  133,  204. 

Cities  of  first  class,  opinion  of  where  demand  against  city  rejected,  Act  2348,  § 
100. 

Cities  of  first  class,  provisions  of  municipal  corporation  bill  regarding  district 
attorneys   apply  to.   Act  2348,  §  287. 

Cities  of  second  class,  salary  of,  Act   2348,  §  307. 

Cities  of  third  class,  election  and  term  of  office.   Act  2348,  §  502. 

Cities  of  third  class,  salary  of,  Act  2348,  §  506. 

Cities  of  fourth  class,  bond  of.  Act  2348,  §  607. 

Cities  of  fourth  class,  deputies  of.  Act  2348,  §  672. 

Cities  of  fourth  class,  election  and  term  of  office.  Act  2348,  §  602. 

Cities  of  fourth  class,  prosecution  of  cases  before  police  court,  Act  2348,  §  695. 

Cities  of  fifth  class,  bonds  of.  Act   2348,  §  753. 

Cities  of  fifth  class,  duties  of.   Act   2348,  §  789. 

Cities  of  fifth  class,  election  and  term  of  office.  Act  2348,  §  752. 


INDEX.  15. 

CITY  ATTORNEY.      (Continued.) 

Cities  of  fifth  class,  ex-officio  city  clerk,  Act  2348,  §  751. 

Cities  of  sixth  class,  power   of      supervisors   to    appoint,   Act   2348,  §  852. 

Cities  of  sixth  class,  powers,  duties,  and  compensatioa  of,  Act  2348,  §  879. 

CITY  CLERK, 

Assessor,   performance  of  duties  of.   Act  4043,  §  8. 

Cities  of  second  class,   salary   of,   Act   2348,  §  307. 

Cities  of  third  class,  duties   of,    Act   2348,  §  551. 

Cities  of  thii-d  class,  salary  of,  Act   2348,  §  506. 

Cities  of  fourth  class,  bond   of.    Act   2348,  §  672. 

Cities  of  fourth  class,  deputies  of.   Act   2348,  §  672. 

Cities  of  fourth  class,  duties  and  compensation  of.  Act   2348,  §  676. 

Cities  of  fourth  class,  supervisors   to   elect.   Act   2348,  §  620. 

Cities  of  fifth  class,  bonds   of,   Act   2348,  §  753. 

Cities  of  fifth  class,  election  and  term  of  otfice.   Act   2348,  §  752. 

Cities  of  fifth  class,  city  attorney  is,  ex  officio.  Act  2348,  §  751. 

Cities  of  fifth  class,  compensation   of.   Act   2348,  §  755. 

Cities  of  fifth  class,  ex  officio  recorder  and  assessor.  Act  2348,  §  751. 

Cities  of  fifth  class,  powers   and   duties   of.    Act  2348,  §  788. 

Cities  of  sixth  class,  bond   of.   Act   2348,  §  853. 

Cities  of  sixth  class,  compensation  of.  Act   2348,  §  855. 

Cities  of  sixth  class,  election  and  term  of  office.  Act   2348,  §  852. 

Cities  of  sixth  class,  duties  and  powers  of.   Act   2348,  §  878. 

Cities  of  sixth  class,  ex  officio  assessor.  Act  2348,  §  851. 

Powers  and  duties  of,  Act  2348,  §§9,  778. 

CITY  COLLECTOR.      See  Collector. 

CITY  COUNCIL.      See  Supervisors. 

CITY  COURT. 

Abolishment  of,  Act  2145. 

City  court,  justice  to  finish  business  of.   Act  2145. 

Mayor  not  required  to  act  as  justice  or  judge  in  cities  over  10,000,   Act  2145. 

Transfer  of  business  and  properties  to  justice  of  the  peace,  Act  2145. 

CITY  ENGINEER. 

Cities  of  second   class,   appointment,   and   duties.   Act   2348,  §  377. 
Cities  of  fifth  class,  appointment   and   term  of   office.   Act   2348,  §  752. 
Cities  of  sixth  class,  power  of  supervisors  to  appoint,  Act  2348,  §  852. 

CITY  RECORDER. 

Fees  in  criminal  action  not  a  county  charge,  Act  1125. 
To   act  as  registrar,  when,  Act  2348,  §  9. 

CITY  TREASURER.      See  Treasurers,   City. 

CIVIL  RIGHTS. 

Protection  of  all  citizens  in.  Act  605. 

Refusal  of  admission  to  places   of   amusement   unlawful,   Act  604. 

Refusal  of  admission  to  theaters.  Act  4099. 

CLAIMS. 

Cities,   against.      See  Municipal  Corporations. 

Claim  of  A.  J.  Bourn  against  state,  appropriation  to  pay.  Act  3788. 

County,  against.     See  Counties. 


1550  INDEX. 

CLAIMS.      (Continued.) 

Demands  on  or  against  counties,  no  fees  for  swearing  to,  Act  1122. 
State,   against.     See  State. 

CLEAE  LAKE. 

Declared    navigable.    Act   607. 

United    States    government    authorized    to    lower   level    of    Clear   Lake,    in    Modoo 
County,  and  use  lake  or  bed  for  reclamation  or  irrigation,   Act  1858. 

CLERK. 

Acknowledgments  taken  before  deputy  clerks  of  superior  court  validated,  Act  17. 
City  clerk.      See  City  Clerk. 

CLEEK  OF  COUNTY.      See  County  Clerk. 

CLEEK  OF  SUPERVISORS.      See   Supervisors, 

CLEVELAND  NATIONAL  FOREST. 

State  authorized  to  release  school  lands  in,  to  United  States,  Act  2876. 

CLOVEEDALE. 

Incorporation  of,  Act  612. 

Notary,  appointment  of,  to  reside  at.  Act  3714. 

CLUBS. 

Yacht  clubs,   incorporation  of  authorized,   Act  4442. 

COAST  SURVEY. 

Injury  to  operations  of,   ascertainment  of  damages  and  punishment   of  offenders, 

Act  617. 
Operations  of,  protection  of  from  injury  and  molestation.   Act  617. 
Persons  engaged  in,  authorized  to  enter  upon  lands,  Act  617. 

COCK-FIGHT. 

Infant  under  eighteen  not  permitted  to  attend,  Acts  1610,  2782. 
Permitting  infant  under  eighteen  to  visit,  a  misdemeanor,  Acts  1610,  2782. 

CODE. 

Commission  to  reform  laws,  compensation   of   commissioner.   Act  622. 
Commission  to  reform  laws,  creation  of.  Act  622. 
Commission  to  reform  laws,  expenses   of.    Act   622. 

Commission  to  reform  laws,  secretary  and  stenographer,    appointment   and   compen* 
sation  of,   Act  622. 

COININO. 

Money,  coining  of,  regulation  of.  Act  2283. 

COLFAX. 

To  Nevada  City,  railroad  from.  Act  2918. 

COLLATERAL  INHERITANCE  TAX.      See  Taxation. 

Special  counsel  for  collection,  how  paid,  Act  837,  §  215. 
Tax  on  collateral  inheritances,   Act  4040. 
Treasurer,  commissions  of,  Act  837,  §  215. 

COLLECTOR. 

Cities  of  fourth  class,  bond  of.  Act  2348,  §  607. 
Cities  of  fourth  class,  deputies  of,  Act  2348,  §  672. 


COLLECTOR.      (Continned.) 

Cities  of  fourth  class,  duties  of,  Act  2348,  §  678. 

Cities  of  fourth  class,  election  and  term  of  oflRce,  Act  2348,  §  602. 

Cities  of  fourth  class,  salary  of,  Act  2348,.  §609. 

License  collector.      See  Licenses. 

Tax  collector.      See  Taxation. 

COLLEGE   CITY. 

Intoxicating  liquors,  prohibition  or  sale  within  one  mile  of,   Act  627. 

COLLEGES.      See  University  of  California. 

Atliliated,    of   University  of   California,    appropriations   for,    Acts   4254,  4255. 

Arms  and  accoutrements,  issuing  to,  Act   229. 

Assent  of  state  to  act  of  Congress  applying  proceeds  of  public  land  for  college. 

Acts   634,  3786. 
Assumption  of  control  by  trustees.  Act  4164. 

Gifts  and  donations  to,  encouragement  and  protection  of.  Acts  4162,  4163. 
Governor   authorized   to    reconvey    to    United   States   part   of   Agricultural   College 

grant.  Act   2846. 
Hastings  college  of  the  law,  creation  of,  Act  1440. 
Incorporation  of.   Acts   682,  633. 

Incorporation  of  institutions  of  teaming,  science,  and  art,  Act  633. 
Medical  department  of  University  of  California,  Act   4256. 
Relinquishment  of  rights  in  by  founder  or  wife.  Act  4164. 
Trusts  for  benefit  of,  creation  of,  Acts   4162,  4163. 
Trusts  for  benefit  of,  determination  of  validity  authorized,  Act  4165. 

COLOMA. 

Incorporation  of.  Act   639. 

COLTON  HALL. 

Board  of  trustees,  of,   Act  640. 

Leasing  of,  Act  640. 

Preservation,  protection  and  improvement  of,  Act  640. 

COLUSA  COUNTY. 

Agricultural   interests,  development  of,   Act   646. 

Agriculture,  protection  of,  and  prevention  of  trespasses  of  animals,  Act  645. 

Animals  of  another,  wounding  in,  punishment  of.  Act  1593. 

Animals,  trespassing  of,  prevention  of,  Act  645. 

Bonds,  official,  amount  of,  Act   648. 

Bonds,  official,  approval  of.   Act  647. 

Boundary  between  and  Lake  County,  location  of.  Act  825. 

Bounties  for  destruction  of  wild  animals  in.  Act   189. 

Canal,   construction  of  in  Colusa,   Solano  and  Yolo   counties,  aiding  of.   Acts   531, 

646,  3677,  4449. 
Classification  and  population   of.  Act   837,  §§  10,  157. 
College   City,    in,   prohibition   of   sale   of   intoxicating   liquors  within    one   mile   of, 

Act   627. 
District  attorney's  salary,  additional  tax  for.  Act  653. 
Drainage  of  certain  lands  in  Colusa  and  Yolo  counties.   Acts   649,  4450. 
Fees  of  officers  in.  Acts   651,  652. 
Fences  in.  Acts   1134,1135,1137. 

Fences  in,  tearing  down   of,  prevention   of.   Act   1593. 
Fences,  partition,  in.  Act   650. 
Fires,   leaving  of,  punishment  of.  Act  1593. 
Glenn  and  Colusa  counties,  boundaries  between.  Act  810. 


1552  INDEX. 

COLUSA  COUNTY.      (Continued.) 

Growing  timber  on  private  grounds,  destruction  of  prevented,  Act   1577. 

Hunting  on  private  inclosed  grounds  in,  prevention  of.  Acts    1577,  1593. 

Inclosures,   passing  through  and  leaving  them  open,  Act   1593. 

Judges'  salaries  in,  additional  tax  for,  Act  653. 

Justices  of  the  peace  in,  Act   654. 

Lands  sold  to  actual  settlers  by  United  States  released  to  United  States,  Act  660. 

Officers,    deputies   and   assistants   and   salaries,   fees   and   allowances   of,   Act  837, 

§  199. 
Officers  of,  fees  and  salaries  of,  Acts   651,  652. 
Population  of,  Act   837,  §  10. 

Reclamation  district  No.  108,  warrants  of,  Act   2956. 
Reclamation  district  No.   124,   validated.   Act   2959. 
Roads,  private,  in,  establishing,  maintaining  and  protecting.  Act  657. 
Roads,   public,  in.   Acts  655-657. 

Road,  public,  establishing,  maintaining,    and   protecting.    Act   657. 
Road,  public,   along  boundary  between  Yolo  and,  Acts   656,  4453. 
Salaries  of  officers  in.  Acts   651,  652,  C53. 
Stallions  prevented  from  running  at  large  in,   Act   1063. 
Supervisors,  additional  powers   of,   Act   658. 
Supervisors  of,  certain  powers  conferred  on.  Act   659. 
Tehama  County,   transcribing  records  of  from  'Colusa,   Shasta  and  Butte  counties. 

Act  4075. 
Titles  to  certain  government  lands  quieted,  Act  660. 
Water  commissioners  for.   Act  4365. 
Waters,  overseer  to  regulate,  Act  4365. 

COLUSA,  TOWN  OF. 

Bonds  for  road  purposes,  issuance  of.  Act   666. 
Incorporating,  Act  665. 

COMBINATIONS. 

To  obstruct  sale  of  livestock,  prevention  of,  Act   191. 

COMMERCE.      See  Chambers  of   Commerce. 

Formation  of  corporations  for  purposes  of,  Act  763. 

COMMISSION. 

Railroad,  powers  of,  Act  2921. 

Supreme  Court.      See  Supreme  Court  Commission. 

Uniformity  of  legislation,  creation  of  commission  for  promotion  of.  Act  1900. 

COMMISSIONERS. 

Building  and  loan.      See  Building  and  Loan  Associations. 
Debris,   appointment,   duties  and  compensation.   Act   898. 

Examining  commission  on  rivers  and  harbors,   appointment,   duties   and  compensa- 
tion. Act   4364. 
Public  works,  of.      See  Public  Works. 
Railroad.      See  Railroad   Commissioners. 
Viticultural.      See  Viticulture. 
Water.      See  Waters. 

COMMISSIONERS  IN  EQUITY. 

Appointment  and  duties  of.  Act   671. 

COMMISSIONERS   OF   PUBLIC   WORKS. 

Creation,  duties,  powers  and  compensation.  Acts  2888,  2889. 


INDEX.  1658 

COMMISSIONERS  OF  TRANSPORTATION. 

Appointment   of,    Act   2920. 
Creation  of,  Act   676. 

COMMISSIONERS,  PAROLE. 

Creation  of  board  for  parole  and  government  of  prisoners,  Act    3866. 

COMMISSIONS. 

Payment  into  state  treasury  of  moneys  received  by  state  institutions,  commis- 
sions  and  officers,   Act   1279. 

Taxes  for  assessment,  etc.,  of  ad  valorem,  abolished.  Acts  4048,  4049. 

Taxes,  for  collection  of,  county  not  to  bring  suit  against  state  for,  Act   4049. 

Taxes,  for  collection  of,  payment  by  state  to  county  or  city  for  prohibited,  Act 
4050. 

Taxes,  payment  of  for  collection  of  delinquent  legalized.  Act  4046. 

COMMITMENTS.      See  Whittier  State  School. 
House  of   correction,   commitments  to.   Act    1540. 

Preston  School  or  Whittier  State  School,  commitments  to.  Act  2758. 
Preston  School  of  Industry.      See  Preston  School  of  Industry. 

COMMON  CARRIERS.      See  Railroads. 

Appointment  of  police  to  serve  upon  cars  or  boats.  Act  2734. 

Commissioners  of  transportation,    creation   of,   Act   676. 

Duties  of  masters  of  vessels  in  relation  to  p.issengers  arriving,  Act  1587. 

Duties  of  transportation  companies.  Act   2921. 

Explosive,  high,   transportation   of,   Act    1093,  §  9. 

Licenses  on  in  cities  of  second  class,   Act   2348,  §  333. 

Refusal  to  sell  ticket  for  foreign  port,  penalty.  Act   1031. 

Transportation  companies,  offenses  by  and  punishment  of.  Act  2921* 

COMMON  COUNCIL.      See  Supervisors. 

COMMON  LAW. 

Adoption   of,   Act  681. 

COIMPROMISE.      See  Accord  and  Satisfaction. 

Bonded  indebtedness,  compromise  of  by  city,  Act  386. 

CONDITIONS. 

Insurance  companies,   conditions  for  doing  business.  Act   1661. 

CONGRESS. 

Assent  of  state  to  act  of,  applying  proceeds  of  public  lands  to  college,  Act  3780. 
Consent'of  state  to  reservation  by,  for  public  park,   Act   3785. 
Division  of   state  into   congressional   districts.   Acts   686,  687. 
Election  of  members  of  house  of  representatives.  Act   687. 
United  States  senators.      See  United  States  Senators. 

CONSOLIDATION. 

Cities  and  counties,  provisions  of  law  applying  to,  Act  2348,  §§286,287. 
Municipal   corporatioiis.   Act   2348,  §  8. 
Offices,  city  of,   Act   4043. 

Offices,  consolidation   of   certain,   Act   837,  §  55. 
Gen.  Laws — 98 


1554  INDEX. 

CONSPIRACY. 

Conspiracy  to  commit  any  crime  against  certain  federal  and  state  officiali,  pnn- 

ishment  of,  Act   693. 
Meaning  of  limited,  in  suits  between  master  and  servant,  Act  692. 

CONSTABLE. 

Bond  of,  Act  837,  §  66. 

Certain  acts  of  validated,  Act  698. 

Deputies  not  to  practice  law  or  have  law  partner.   Act   837,  §  65. 

Division    of   counties   into    townships   for   election   of.    Act   837,  §  56. 

Duties,  powers  and  liabilities  of  enumerated,   Act   837,  §§  153,  154. 

Fees  in  various  counties.      See  Counties. 

Fees  of,  generally.  Act   837,  §  153. 

Fees  of  in  criminal  cases  a  county  charge,  Act  837,  §  228,  subd.  10, 

Fees  of  justices  and   constables,   poster  of,  Act  837,  §224. 

Law,  not  to  practice  or  have  law  partner,  Act  837,  §  65. 

Service  by  outside  of  township,  effect  of.  Act  837,  §  153. 

Township  officers,   are.  Act  837,  §  56. 

CONSTITUTION. 

Amendments,    submission  of,    Act   705. 

Convention  to  frame  new  constitution,  provision  for,  Act  704. 

Submission  to  electors,  question  of  calling  coarentioa  to  change  constitution,  Act 
703. 

CONSTITUTIONAL  LAW. 

Civil   rights.      See   Civil  Righta. 

CONTAGION.      See  Public  Health. 

CONTAGIOUS  DISEASES. 

Amongst  animals,   prevention  of,  Acts   179,  180,  877. 

CONTRA  COSTA  COUNTY. 

Antonio  Creek  declared  navigable.   Act  202. 

Assessors  of,  compensation  for  collecting  personal  property  tax.  Act  710, 

Classification  and  population  of,  Act   837,  §§  10,  157. 

Coroner,  public  administrator  authorized  to  act  as,  Act   717. 

Deer,  destruction  of  on  Mt.  Diablo  prevented,  Act  1313. 

Diablo  Creek  in,  declared  navigable.  Act  932. 

Fees  of  justices  of  the  peace  in,  Act  713. 

Fees  of  officers  of.  Act  714. 

Fences  in.  Acts  711,  712. 

Fences,  division,  in,  Act   1138. 

Gophers  in,  destruction  of,  Act  186. 

Growing  timber  on  private  grounds,  destruction  of  prevented.  Act  1577. 

Hides  of  slaughtered  cattle,  keeping  of.  Act   182. 

Highways  in.   Acts   719,    721. 

Hunting  on  private  inclosed  grounds  in,  prevention  of.  Act  1577. 

Justices  of  the  peace  in,  fees  of.  Act  713. 

Neuces  Creek  in,  declared  navigable.  Act  2456. 

Notaries,   additional,  appointment  of,  Act   716. 

Officers,    deputies  and   assistants,    and   salaries,    fees    and   assistants   of,   Act  837, 

§  176. 
Officers  of,  fees,  compensation  and  salary  of.  Acts   714.  715. 
Population  of.  Act  837,  §  10. 
Public  administrator  authorized  to  act  as  coroner  in,  Act  717. 


INDEX.  1555 

CONTRA  COSTA  COUNTY.      (Continued.) 
Public   administrator,   bond  of,  Act   718. 
Roads  in.  Acts  719,721. 
Road  laws,  special,  repeal  of,  Act  720. 
Salt  marsh  and  tide  lands  in,  quieting  title  to,  Act  722. 
School  moneys,  distribution  of,  Acts  725,  3542. 
Sheriff  of,  bond  of,  Act  723. 
Squirrels  in,  destruction  of,  Act   186. 
Squirrels  in,  extermination  of.  Act  724. 
Squirrel  nuisance,  abatement  of,  Act  112. 
Swamp  land   district  No.  118,  assessment   in.    Act   2958. 
Swamp  land  district  No.  118,  validated.   Act   2957. 
Title  to  certain  salt  marsh  and  tide  lands  in  quieted,  Act  722. 
Water  commissioners  for,  Act  4365. 
Waters,  overseer  to  regulate,  Act  4365. 

CONTRACTS. 

Acknowledgment  of  deeds  and  instruments  by  prisoner,  Act  2764. 

Antitrust  law,   contracts  in  violation  of  are  void.  Act   4166,  §  8. 

Assignment  of.      See  Assignment  of  Contracts. 

Fraudulent  contracts,   act  concerning.   Act   1239. 

Leases  and  other  contracts  of  officers,  ratification  of,  Act   2546. 

Lighting  of  streets  and  public  buildings,  letting  of   contracts  for,   Act   2340. 

Public  buildings,    contracts    on   behalf   of    state    in    relation    to,    regulation    of,    Ar-t 

2897. 
Public  duties  of  mayor  and  other  officers   in   cities  of   first   class  relative   to,   Act 

2348,  §  204. 
Public,  how  made  in  cities  of  first  class,  Act  2348,  §  107. 
Public,  stipulation  as  to  hours  of  labor.  Act   1535. 

CONTROLLER. 

Additional  clerk,  appointment  of,  by.  Act  730. 

Commissions,   payment  of  for  collection   of   delinquent  faxes  legalized.    Act  4010. 

Destroyed  controller's  warrants,   payment  of,   Acts   2033,  4328. 

Duties  of,  regarding  warrants,  payments  and  funds.  Act  362. 

Expert  to,  compensation   of.    Act    731. 

Expert  to,  creation  of  office   of,   Act   731. 

Inheritance  tax  deputy,  appointment  and  duties  of,  Act  4034. 

Lost  warrants,  payment  of,  Acts  2033,  4328. 

Payments   on    swamp    lands   pledged   to   redemption    of    certain    warrants    of.    Act 

4024. 
Swamp  land  funds  paid  into  county  treasuries,  duties  of  auditor,   controller,   and 

treasurers,  Acts  1280,  1920. 
Transfer  of  funds   from   drainage   construction   funds    to    general   fund   authorized, 

Acts   1282,  1283. 
Transfer  of  general  fund  by  treasurer  and  controller  authorized,  Act   1281. 
Treasurer  authorized  to  pay  warrants  for  salaries,  Act  4136. 
Warrants  not  called  for,  cancellation  of,  Act  362. 

CONVENTION  HALL. 

Construction   of  by  city,   Act  2372. 

CONVEYANCES.      See  Deeds. 

Acknowledgments.      See  Acknowledgments. 

CONVICTS.      See    Parole    Commissioners;    Prisons. 

Arrest,   trial,  recommitment,  and  punishment  of  convicts  who  have   escaped.   Act 
1041. 


1556  INDEX. 

CONVICTS.      (Continued.) 
Asexualization  of,   Act   247. 

Bureau   of   criminal  identification.      See  Bureau  of  Criminal   Identification. 
Costs  of  trial  of  convicts   for   crimes    committed   in   prison,   payment   of,   Acts  736, 

783,  3859. 
Costs  of  trial  of  escaped  convicts.  Acts  736,  783,  3859. 
Importation  of  convicts  into  state,  prevention  of.  Act   737. 
Insane   convicts,    state   hospital   for.    Act   2776. 

Physician   to   inquire  into   sanity  of,   costs  a  state  charge.  Act   2070. 
Sheriff  and  chiefs  of  police,   description  and  photographs  of  prisoners,  Acts  738, 

2767. 
Wardens  to  furnish  description  of,  Act  738. 
Wardens  to  furnish  information  concerning.  Act   739. 

CO-OPEEATIVE  ASSOCIATION. 

Co-operative  business  corporations,  definition  of,   Act   743. 

Co-operative  business  corporations,  organizations  and  government  of,  Act   743. 

Incorporation,   operation   and  management   of,   Act   744. 

COPARCENERS. 

Suits,  may  bring  or  defend,  Act  788. 

COPIED  RECORDS.      See  Restoration  of  Records. 

COPYING  RECORDS. 

Act  providing  for.  Act  3014. 

CORONER. 

Accounts  of,  what  a  county  charge.  Act   837,  §  228. 

Bond  of.  Act   837,  §  66. 

Chemical  examinations,  payment  for.  Act  749. 

Cities  and  counties  over  100,000,  assistants  to,  appointment,  designation,  compen- 
sation, and  duties.  Act  752. 

Cities  and   cities   and  counties  over   100,000,   assistants   to,   Act   752. 

Cities  of  first  class,  deputies  and  assistants,   Act  2348,   §  135. 

Cities  of  first  class,  deputies  and  assistants  of  and  salaries  of,  Act  2348,  §  26, 
subd.   11. 

Cities  of  first  class,  duties  of,  Act  2348,   §  135. 

Cities  of  first  class,  provisions  of  municipal  corporation  bill  regarding,  apply  only 
to  consolidated  cities  and  counties,   Act   2348,  §  287. 

Cities  of  first  class,  provisions  when  only  apply.  Act  2348,  §  287. 

Cities  of  first  class,  receives  no  fees.  Act   2348,  §  135. 

Cities  of  first  class,  salary  of.  Act  2348,  §  26,  subd.  11. 

Consolidation,  separation  and  reconsolidation  of  public  administrator  and  coroner. 
Act   837,  §  55. 

County  officer,  is.  Act  837,  §  55. 

Death,  duties  as  to.  Act   897. 

Deputies  and  assistants  in  various  counties.      See  Counties. 

Fees  of.  Act   754. 

Inquests  in  state  prisons,  costs  of.  Acts  750,  783,  2070,  3859. 

Justice  of  peace  discharges  duties  of  when.  Act   837,  §  146. 

Moneys  received  by  treasurer  from,  duties  regarding.  Act  837,   §  82. 

Particular  county,   in.      See  particular  title. 

Physicians  and  surgeons,  attendance  of.  Act   749. 

Physician  appointed  to  perform  autopsies,   compensation   of,   Act   751. 

Physician,  appointment  of  to  perform  autopsies  in  counties  of  first  class.  Act  751. 


INDEX,  1557 

CORONER.      (Continued.) 

Postmortem  examination?,  payment  for.  Act   749. 

Powers  and  duties  of  enumeiated,  Act   837,  §§  142-146. 

Process,  serves  where  sheriff  a  party,  Act  837,  §  104. 

Public  admiuistrator,  when  to  act  as,  Act  2810. 

Salaries  and  expenses  in  various  counties.      See  Counties. 

Serving  process,  compensation  of.  Act   837,  §  105. 

Sheriff,  performs  duties  of,  when,  Act   837,  §  147. 

Stenographer  to  in  cities  and  cities  and  counties  over  100,000,  Act   753. 

Treasurer  receiving  money  or  property  from,  duty  of,  Act  837,  §§  81,  82. 

CORPORATIONS. 

Act  of  1850  and  supplemental  acts  concerning.  Acts   759-761. 

Agents,   frauds  or  misrepresentation  by,  punishment  of,  Act   771. 

Agriculture,  formation  of  corporations  for  direct  promotion  of.   Act   290, 

Articles,  amendment  of.  Act  762. 

Assessments  of  stock  in.  Act  767. 

Assignees,  acting  as,  rights  and  duties  of,  Acts   770,  1055. 

Assignees,  authorized  to  act  as.  Acts    770,   1055. 

Assignees,  corporations  as  and  powers  and  duties  of,  Acts   770,  1055. 

Authorized  to  act  as  executor,  administrator,  guardian,  assignee,  receiver  or  trus- 
tee. Act   1055. 

Banking,  persons,  associations  or  corporations  prohibited  from  exercising  privi- 
leges of.  Act   2284. 

Benevolent.      See  Benevolent  Corporations. 

Business  corporations.      See  Co-operative  Associatione. 

Business  house  and  lot,  authorized  to  own.  Act  768. 

Canal  corporations.      See  Canal  Corporations. 

Cemetery  corporations.      See  Cemetery  Corporations. 

Certificates  of,  amendment  of.  Act   762. 

Certificates  of  incorporation,   defective,   validating,   Act   766. 

Certificates  of  stock,   tax  on  issue  of.   Act   4038. 

Charitable.      See   Charitable   Corporations. 

Chemical  purposes,  formation  of  corporation  for,  Act  763. 

Colleges.      See  Colleges. 

Commerce,  formation  of  corporations  to  engage  in.  Acts   763,  764. 

Co-operative  corporations.      See  Co-operative  Associations. 

Creation  of  paper  to  circulate  as  money,   forbidden.   Act  2284. 

Depositary,  acting  as,  rights  and  duties  of,  Acts  770,  1055. 

Depositary,  authorized  to  act  as,  Acts   770,  1055. 

Deposit  of  moneys  or  assets  with  by  executor,  receiver,  etc.,  and  reduction  of 
bonds.   Act  1055. 

Employees  to  be  paid  monthly  or  weekly.  Acts  772,  773. 

Executor,   acting  as,  rights  and  duties  of.   Acts    770,   1055. 

Executor,  authorized  to  act  as,  Acts  770,  1055. 

Executors,   corporations  as,   and  powers  and  duties  of,   Act  770, 

Failure  to  pay  tax,  penalty.  Act  757,  §  5. 

Foreign,  anti-trust  law,   amenable  to  provisions  of,  Act   41G6,  §  3. 

Foreign,  authorized  to  do  business  on  equal  terms.  Act   2917. 

Foreign,  to  designate  person  upon  whom  process  may  be  served,  Acts   774,  775. 

Foreign,  to  file  certified  copy  of  articles  with  secretary  of  slate.   Act    776. 

Foreign,  violation  of  anti-trust  law,  duty  of  attorney  general.  Act   41G6,  §  3. 

Foreign,  violation  of  anti-trust  law,  revocation  of  certificate,  Act  4166,  §  3. 

Forfeiture  for  failure  to  pay  tax.   Act   757,  §  10a. 

Fraud  or  misrepresentations  by  officers  or  agents,  punishment  of.  Act   771. 


1558  INDEX. 

CORPOEATIONS.      (Continued.) 

Guardian,  authorized  to  act  as,  Acts  770,  1055. 

Guardians,  corporations  as  and  powers  and  duties  of,  Act   770. 

Homestead  corporations,   formation  of,   authorized,   Act   1492. 

House  and  lot  where  business  transacted,  authorized  to  own.  Act   768. 

Interest,  corporations    organized   to    loan    money   at,    regulation   of,    Act   758. 

Interest,  limit  upon  amount  of  that  can  be  charged,  Act  758. 

License  tax,  amount  of,  Act  757. 

License  tax,  failure  to  pay,  duty  of  secretary  of  state.  Act  757. 

License  tax,  failure  to  pay,  effect  of,  Act  757. 

License  tax,  imposed  on.  Act    757. 

License  tax,  settlement  of  affairs,  in  event  of  failure  to  pay  tax,  Act  757,  §  10a. 

License  tax,  suit  against  in  event  of  forfeiture.  Act  757,  §  10a. 

License  tax,  tax  when  corporation   formed  between  July  first  and  December  first, 

Act  757,  §  10b. 
License  tax,  trustees  of,  in  event  of  forfeiture,  Act  757,  §  10a. 
License  tax,  what  corporations  exempt  from.  Act   757. 
Manufacturing,  formation  for  direct  promotion  of,  Act   290. 
Manufacturing  purposes,  formation  of  corporation  for.  Acts  290,  763,  764. 
Mechanical  purposes,  formation  for.  Acts  763,   764. 
Mechanic  arts,  formation  for  direct  promotion  of.  Act  290. 
Mining  corporations.      See  Mining  Corporations. 
Mining,  formation  for  direct  promotion  of,   Act   290.    - 
Officers,  frauds  or  misrepresentations  by,  punishment  of,  Act   771. 
Plank  road  corporations,  formation  of.  Act  765. 
Plank  road  corporations.      See  Plank  Road  Corporations. 
Railroads.      See  Railroads. 

Receivers,  authorized  to  act  as.  Acts  770,   1055. 
Receivers,  acting  as,  rights  and  duties  of.  Acts   770,  1055  . 
Receivers,  corporations  as  and  powers  and  duties  of.  Act   770. 
Renewal  of  corporate  existence,  Act   761. 

Society  for  prevention  of  cruelty  to  children,  incorporation  of,  Act  1618. 
Stockholders  in,  protection  of.  Act   771. 
Stock  in,  assessment  of.  Act  767. 
Tax  on  certificates  of  stock.  Acts.  769,  4038. 
Trade,  formation  of  corporations  to  engage  in.  Acts  763,  764. 
Tramroads.      See  Tramroads, 

Trustee,  acting  as,  rights  and  duties  of.  Acts   770,  1055. 
Trustee,  authorized  to  act  as.  Acts  770,  1055. 
Trusts.      See  Trusts. 

Turnpike  corporations,  formation  of.  Act   765. 
Turnpike  coi-porations.      See  Turnpike  Corporations. 
Wagon  road  corporations.      See  Wagon  Road  Corporations. 
Water  companies.      Se  Water  Companies. 
Yacht  clubs,  incorporation  of,  Act  4442. 

CORTE  MADERA  CREEK. 
Navigability  of.  Act  2069. 

CORRECTION.      See  Charities  and  Correction,  state  board  of. 
House  of.      See  House  of  Correction. 

COSTS. 

Actions  where  state  a  party.  Act  3781. 

Coroner's  inquests  in  state  prisons,  costs  of.  Acts  783,  3859. 


INDEX.  1559 

COSTS.      (Continued.) 

Coroner's  inquiry  into  death  in  state  prison  a  state  charge,  Act  2070. 

County  clerk  to  take  afiidavits  of  pension  claimants  without  fee,  Act  829. 

Fees.      See  Fees. 

Libel  and  slander,  bond  for  costs  in  actions  for,  Act  1931. 

Physician  to  inquire  into  sanity  of  convict,  a  state  charge.  Act  2070. 

Removal  of  criminal  action,  in.  Act  781;  also  Act  837,  §§  229,  230, 

Subpoenas,  costs  for  serving,  Acts   782,   1120. 

Sunimnns,   costs  of  serving,  Acts   782,  1120. 

Trial  of  convicts  for  crimes  committed  in  state  prison,  Acts  736,  783,  3859. 

Trial  of   escaped  convicts.  Acts   736,   783,   3859. 

Trials  of  persons  violating  fish  laws  paid  by  state.   Act  1335. 

COTENANCY. 

Ditches  and  flumes,  liabilities  between  co-owners  of  ditch  or  flume,  Act  950. 

Mine,  rights  of  cotenants  of.  Act  2229. 

Suits,  cotenants  may  bring  or  defend.  Act  788. 

COULTEEVILLE  AND  YOSEMITE  TURNPIKE  COMPANY,  authorized  to  sue  state, 
Act   3789. 

COUNCIL.     See  Supervisors. 

COUNTERFEITING. 

Gold-dust,  prevention  of  counterfeiting  of,  Act   793. 

COUNTIES. 

Action  against  state,  not  to  bring  for  services  in  connection  with  taxes.  Act  4049. 

Agricultural  associations  authorized  to  lease  lands  to  counties  in  which  lands  situ- 
ated. Act   75. 

Allowances  of  contrary  to  statute  void.  Act  837,  §  6. 

Art  galleries,  counties  authorized  to  acquire  land  for  purpose  of  erecting,  Act  2387. 

Authorizations  of  contrary  to  statute  void.  Act  837,  §  6. 

Authorized  to  acquire  lands  for  developing  and  encouraging  agriculture  and  in- 
hibiting products,  Act  2387. 

Authorized  to  acquire  lands  for  erection  of  museums  or  art  galleries,  Act  2387. 

Authorized  to  vote  on  issuing  bonds  for  debts  not  authorized.  Act  384. 

Banks,  deposit  of  funds  in  authorized.   Act   1285. 

Banks,  deposit  of  funds  in,  regulation  of.  Act   1285. 

Board  of  examiners  to  invest  money  from  school  lands  in  county  bonds.  Act   360. 

Bodies  corporate  and  politic,  are.  Act  837,  §  1. 

Bonds  of  officers,  premiums,  on  to  be  paid  by,  Act  2544. 

Bonds  of.      See  Bonds. 

Bridge,  joint,  construction  of  by  county  and  person  or  corporation  maintaining, 
Act  419,  §  7. 

Bridge  within  city  limits,  expense  of  building  or  reconstructing.   Act  419,  §  2. 

Bridge  within  city  limits,  power  of  county  supervisors  to  repair,  rebuild  or  change 
location  of.  Act  419,  §  1. 

Bridges,  adjoining  counties  authorized  to  enter  into  agreements  relating  to  jointly 
with  other  per.sons  or  corporations,  Act  421. 

Bridges.      See  Bridges. 

Census,    taking   of  by.   Acts  555,   837,  §  25,   subd.   12  VS.  , 

Charges,  county,  enumeration  of.  Act   837,  §  228. 

Claims,  actions  on,  costs.  Act   837,  §  43. 

Claims,  actions  on,  time  to  bring,  Act  837,  §  43. 


1560  INDEX. 

COUNTIES.      (Continued.) 

Claims  against  by  supervisors,  proceedings,  Act   837,  §  49. 

Claims  against  state,  allowance,  settlement  and  payment,  Act   799. 

Claims,  allowance  in  part.  Act   837,  §  42. 

Claims,  any  person   may  oppose.   Act   837,  §  39. 

Claim,  approval  and  allowance  of,  Act  837,  §  41. 

Claims,  district  attorney  not  to  present  or  advocate.  Act   837,  5  134. 

Claim,  form  of.  Act   837,  §§  40,  41. 

Claims,  illegal  allowance  or  payment,   duty  of  district  attorney.  Act   837,  §  8. 

Claims,  neglect  to  act  on,  rights  on  and  action  on.  Act  837,  §  43. 

Claims,  no  fees  for  swearing  to.  Act  837,   §  227;   also,  Act  1122. 

Claims,  officers  charged  with  notice  of  extent  of,  Act   837,  §  6. 

Claims,  officer  allowing  in  violation  of  statute,  liability  of.  Act   837,  §  7. 

Claims,  officers  not  to  present  or  advocate,  Act   837,  §  39. 

Claims,  rejection  of,  Act   837,  §  42. 

Claims,  time  of  filing.  Act    837,  §  41. 

Claims  to  be  itemized  and  verified,  Act   837,  §§  40,  41. 

Classification  of,  Act   837,  §  157. 

Commissions  for  collection  of  taxes,  payment  for  prohibited,  Act  4050. 

Commissions  for  collection  of  ta.xes,  county  not  to  bring  suit  against  state  for. 
Act   4049. 

Consolidated  cities  and  counties,  provisions  of  law  applying  to,  Act  2348,  §§  286, 
287. 

Contracts  of,  contrary  to  statute  void.  Act  837,  §  6. 

County  fire  insurance  companies,  organization  and  management  of,  Act  1667. 

County  seats.  Act   837,  §  11. 

County  seats,  removal  of,  Act  837,  §§  11,  12. 

Coyote  scalps,  bounty  on.  Act   851. 

Credit  of  not  to  be  given  or  loaned,  Act   837,  §  5. 

Demands,  form  of.  Act   837,  §  41. 

District  attorney,  duty  of  in  case  of  illegal  allowance.  Act   837,  §  8, 

Division  of,  classification  in  case  of.  Act   837,  §  231. 

Division  of,  effect  of  on  salaries.  Act   837,  §  231. 

Donations  to,  receipt  of.  Act   1355. 

Donations  to,   receipt   and   appropriation   of.   Acts   1355,   2338,    3782. 

Enumeration  of  county  charges.  Act   837,  §  228. 

Exhibition  of  agricultural,  horticultural  or  botanical  products,  authorized  to  ac- 
quire property  for  purpose  of.  Act   2387. 

Exhibitions  of  products,  authorized  to  acquire  lands  for,  Act  2387. 

Fees  of  certain  city  officers  in  criminal  action  not  a  county  charge,  Act   1125. 

Fish  hatcheries,  establishment  and  maintenance  of  by  supervisors.  Act   1336. 

Forestry,  county  boards  of.      See  Forestry. 

Franchises  for  roads  and  paths  for  horseless  vehicles,  Acts   1234,  1464. 

Franchises  for  paths  and  roads  for  bicycles  and  horseless  vehicles,  Act   1464. 

Funding  of   county  indebtedness,   Acts   369,   370,   371,   373. 

Gifts,   authorized   to  receive,   manage,    hold,   and   dispose   of.    Acts  802,    1356. 

Grants  and  donations  by  United   States,  etc.,  duties  of  supervisors.   Act   837,  §  51. 

Hours  of  labor.      See  Hours  of  Labor. 

Indebtedness  incurred  contrary  to  statute  void.  Act  837,  §  5. 

Investment  of  moneys  in  sinking  fund  of  in  bonds.  Act   1284. 

Jails.      See  Jails. 

Joint  bridge,  division  of  expense  of  building  and  maintaining,  Act  419,  §  2. 

Judgments  against  cities  and  counties  over  100,000,  how  paid.  Act   800. 

Judgments  against,  how  paid,  Act    1746. 

Lands  divided  by  county  boundary,  survey  of,  Act  837,  §§  136,   137, 


INDEX.  1561 

COUNTIES.      (Continued.) 

Lease  of  property  of  veterans  by,  authorized,  Act  4287. 

Leases  of  tide  or  submerged  lands  of  state  by,  approved  and  confirmed,  Acts  2383, 

2385. 
Liability  for  maintenance  of  inmates  of  Whittier  or  Preston  School,   Act  4410. 
Liability  incurred  contrary  to  statute  void,  Act   887,  §§  5,   6. 
Libraries,    county   library   system,    establishment   of,    Act   1248. 
Maps  platted  by  surveyor  become  property  of.  Act   837,  §§  139,  140. 
Merged  cities  and  counties  of  100,000  inhabitants,   incorporation  and  goverment. 

Act  2339. 
Mobs  or  riots,  liability  for  injuries  caused  by.  Act  2251. 
Museums,  authorized  to  acquire  lands  for  erection  of,  Act  2387. 
Museums,  cities   authorized   to   acquire   lands  for  erection   of,   Act  2387. 
Name  of.  Act   837,  S  3. 

Name,  to  be  designated  by  in  all  actions  and  proceedings,  Act  837,  §  3. 
Nature  of,  Act  837,  §  1. 

New,  adjustment  and  fulfillment  of  rights  between  and  other  counties,  Act  803. 
New,  county  seats,  location  of.  Act  803. 
New,  election  and  appointment  of  officers,  Act   803. 
New,  execution  of  process  in.  Act  2790. 

New,  formation,   organization  and  classification  of.   Act  803. 
New,  governed  by  County  Government  Act,  Act  837,  §  231. 
New,  salaries  and  fees  of  officers  of.  Act  837,  §  231. 
New,  transfer  of  moneys  on  organization  of,  Act  798. 
Officers  of.  Act  837,  §  55. 
Officers  charged  with  notice  of  condition  of  treasury  and  claims  against.  Act  837, 

§6. 
Ordinances.      See  Ordinances. 
Particular  counties.      See  particular  title. 

Payment  of  materialmen  and  laborers  on  public  works,  securing.  Act  2895. 
Paupers,  support  of.      See  Paupers. 

Payment  of  judgments  against  counties,  cities,  and  cities  and  counties.  Act  1746. 
Payments  made  contrary  to  statute  void,  Act  837,  §§5,  6. 
Population  of  counties.  Act  837,  §  10. 
Powers,  how  exercised.  Act  837,  §  2. 
Powers  of,  enumerated.  Act   837,  §§1,  4. 
Premium  on  official  bond,  payment  of  by,  Act  379. 

Prisons,  consolidated  cities  and  counties  over  100,000  authorized  to  alter,  Act  3284. 
Property,  inventory  of,  Act   1697. 

Public  buildings,   regulation  of  erection  of.  Act  2896. 
Public  buildings,  unfinished,   change  of  plans.   Act   2899. 
Public  buildings,  unfinished,  completion  of.  Act  2898. 
Public  buildings.      See  Public  Buildings. 
Public  works.      See  Public  Works. 

Railroad  companies,   authorized  to  become   stockholders  in.  Act  801. 
Supervisors  authorized  to  declare  election  day  a  holiday,  Act   1469. 
Toll  bridges.      See  Toll  Bridges. 

Warrants,  duties  of  auditor.  Act   837.  §§  109,  110,  113. 
Warrants,  form  of,  Act   837,  §  44. 

Warrants,  payment  and  registry.  Act   837,  §§  44,  75. 
Warrants,  payment  of,  preference  in.  Act  837,  §§  74,  75. 
Warrants,  powers  and  duties  of  treasurer  in  relation  to,  Act   837,  §§  67-76. 


COUNTIES.      (Continued.) 

Particular  Classes. 
Salaries  of  officers  in  counties  of  the  first  class.  Act  837,  §  153. 
Second  class,  officers  of,  salaries,  fees,  and  allowances  of.  Act  837,  §  159. 
Second  class,  deputies  and  assistants  and  salaries  of,  Act   837,  §  159. 
Third  class,  officers  of,  salaries,  fees,  and  allowances  of.  Act   837,  §  160. 
Third  class,  deputies  and  assistants  of,   and  salaries  of,  Act  837,  §  160. 
Fourth  class,  officers  of,  salaries,  fees,  and  allowances  of.  Act   837,  §  161. 
Fourth  class,  deputies  and  assistants  and  salaries  of.  Act  837,  §  161. 
Fifth  class,  officers  of,  salaries,  fees,  and  allowances  of,  Act   837,  §  162  , 
Fifth  class,  deputies  and  assistants  and  salaries  of,   Act   837,  §  162. 
Sixth  class,  officers,   salaries,   fees,   allowances  of.  Act  837,  §  163. 
rfixth-class,  deputies  and  assistants  and  salaries  of.  Act   837,  §  163. 
Seventh  class,  officers  of,   salaries,   fees  and  allowances  of.  Act   837,  §  164. 
Seventh  class,  deputies  and  assistants  and  salaries  of,  Act   837,  §  164. 
Eighth  class,  officers,   salaries,   fees,   and   allowances   of.   Act   837,  §  165. 
Eighth  class,  deputies  and  assistants  and  salaries  of.  Act   837,  §  165. 
Ninth  class,  officers  of,   salaries,   fees  and   allowances  of.  Act  837,  §  166. 
Ninth  class,   deputies   and  assistants.    Act   837,  §  166. 

Tenth  class,  officers,  of,  salaries,  fees,  and  allowances,  Act  837,  §  167;  also,  Act  1759. 
Tenth  class,  deputies  and  assistants  and  salaries  of.  Act   837,  §  167. 
Eleventh  class,  officers   of,    salaries,    fees,    and   allowances   of.    Act   837,  §  168. 
Eleventh  class,  deputies  and  assistants  and  salaries  of.  Act   837,  §  168. 
Twelfth  class,  officers,   salaries,   fees  and   compensation   of.   Act   837,  §  169. 
Twelfth  class,  deputies  and  assistants,  and  salaries,  fees  and  compensation  of,  Act 

837,  §  169. 
Thirteenth  class,  officers,   salaries,  fees  and  allowances  of,  Act  837,  §  170. 
Fourteenth  class,  officers,  salaries,   fees  and  allowances  of,   Act  837,  §  171. 
Fifteenth  class,  officers,  salaries,  fees  and  allowances  of,  Act   837,  §  172. 
Sixteenth  class,  officers,  salaries,  fees  and  allowances  of,  Act   837,  §  173. 
Sixteenlh  class,  deputy  of  district  attorney.  Act  837,  §  173,  subd.  8. 
Seventeenth  class,  officers  of,  salaries,  fees  and  allowances.  Act   837,  §  174. 
Seventeenth  class,  deputies  and  assistants  and  salaries  of,  Act  837,  §  174. 
Eighteenth  class,  officers  of,  salaries  of.  Act  837,  §  175. 

Nineteenth  class,  officers  of,  salaries,  fees,  and  allowances  of,  Act  837,  §  176. 
Nineteenth  cL%ss,  deputies  and  assistants  and  salaries  of,  Act   837,  §  176. 
Twentieth  class,  officers,  salaries,  fees  and  allowances  of.  Act  837,  §  177. 
Twentieth  class,  deputy  of  treasurer,  and  salary  of,  Act   837,  §  177  Vi. 
Twenty-first  class,  officers  of,  salaries,  fees  and  allov/ances  of.  Act   837,  §  178. 
Twenty-first  class,  deputy  of  district  attorney  and  salary  of,  Act   837,  §  178,   subd.   8. 
Twenty-second  class,  officers  of,  salaries,   fees,  and  allowances,   Act  837,  §  179. 
Twenty-second  class,  deputy  of  district  attorney.   Act   837,  §  179,   subd.  8. 
Twenty-second  class,  deputies  of  assessor  and  salaries  of.   Act   837,  §  179,   subd.   7. 
Twenty-third    class,  officers,  salaries,  fees,  and  allowances  of.  Act    837,  §  180. 
Twenty-fourth  class,  officers,   salaries,   fees,   and  allowances  of,  Act  837,    181. 
Twenty-fifth  class,   officers  of,   salaries,   fees,   and   allowances  of,   Act   837,  §  182. 
Twenty-sixth  class,  officers  of,   salaries,   fees,   and  allowances.   Act   837,  §  183. 
Twenty-seventh  class,  officers  of,   salaries,   fees,   and  allowances.   Act  837,  §  184. 
Twenty-eighth  class,   officers   of,    fees,    salaries,    and   allowances.    Act  837,  §  185. 
Twenty-ninth  class,  officers,  salaries,  fees,  and  allowances.  Act   837,  §  186. 
Thirtieth  class,  officers  of,  salaries,  fees,  and  allov/ances.  Act   837.  §  187. 
Thirty-first  class,   officers  of,  fees,   salaries  and  allowances.  Act   837,  §  188. 
Thirty-second  class,  officers  of,   salaries,  fees,  and  allowances.  Act   837,  §  189. 
Thirty-third  class,  officers  of,   salaries,  fees,   and  allowances,  Act  837,  §  190. 


INDEX.  1563 

COUNTIES.      (Continued.) 

Thirty-third  class,  deputies  of  assessors  and  salaries  of,  Act   837,  5  190,  subd.  7. 
Thirty-fourth  class,  officers  of,  salaries,   fees,  and  allowances  of.  Act  837,  §  191, 
Thirty-fourth  class,  deputy  of  assessor  and  salary  of.  Act   837,  §  191,  subd.  7. 
Thirty-fifth  class,  officers,  salaries,  fees,  and  allowances.  Act   837,  §  192. 
Thirty-fifih  class,  deputy  of  assessor  and  salary  of.  Act  837,  §  192,  subd.  7. 
Thirty-sixth  class,  officers  of,   salaries,   fees,   and  allowances.   Act   837,  §  193. 
Thirty-seventh   class,   officers   of,   salaries,   fees,    and   allowances,    4  ct   837,  §  194. 
Thirty-eightli  class,  officers,  fees,  salaries,  and  allowances,  Act  837,   §  195. 
Thirty-eighth  class,  deputies  of  assessor  and  salaries  of.   Act   837,  §  195,   subd.  7. 
Thirty-eighth  class,  deputy  of  superintendent  of  schools,  Act  837,  §  195,  subd.  11. 
Thirty-ninth  class,  officers  of,  salaries,  fees,  and  allowances.  Act  837,  §  196. 
Thirty-ninth  class,   copyist  of  recorder  and   salary  of.    Act  837,  §  196,   subd.   3. 
Thirty-ninth  class,  assistant    superintendent    of    schools,    and    salary    of,    Act  837, 

§  196,  subd.  11. 
Fortieth  class,    officers,    salaries,   fees,   and   allowances,    Act   837,  §  197. 
Forty-first  class,  officers  of,  salaries,  fees,  and  allowances  of.  Act  837,  §  198. 
Forty-second  class,  officers  of,  salaries,  fees,  and  allowances  of.  Act   837,  §  199. 
Forty-third  class,  officers,  salaries,  fees  and  allowances  of.  Act  837,  §  200. 
Forty-fourth  class,   officers  of,   salaries,   fees   and   allowances.   Act   837,  §  201. 
Forty-fifth  class,  officers  of,  salaries,  fees  and  allowances,  Act  837,  §  202. 
Forty-sixth  class,  officers,   salaries,  fees,  and  allowances,  Act   837,  §  203. 
Forty-seventh  class,  officers  of,   salaries,   fees  and  allowances.   Act   837,  §  204. 
Forty-eighth  class,  officers  of,   salaries,   fees,   and  allowances  of.   Act   837,  §  205. 
Forty-ninth  class,  officers  of,  salaries,  fees,  and  allowances  of,  Act  837,  §  206. 
Fiftieth  class,  officers  of,  salaries,  fees,  and  allowances.  Act   837,  §  207. 
Fifty-first  class,  officers,  salaries,  fees,  and  allowances  of,  Act  837,  §  208. 
Fifty-second  class,  officers,  salaries,  fees,  and  allowances.  Act   837,  §  209. 
Fifty-third    class,  officers,  salaries,  fees  and  allowances.  Act   837,  §  210. 
Fifty-fourth  class,  salaries,  fees,  and  allowances.   Act   837,  §  211. 
Fifty-fifth  class,   officers,   salaries,   fees,   and  allowances  of.   Act  837   §  212. 
Fifty-sixth  class,  officers,   salaries,    fees,   and   allowances,   Act   837,  §  213. 
Fifty-seventh  class,  officers,   salaries,   fees,   and  allowances.   Act  837,  §  214. 

COUNTS,  J.  P. 

Title   to   certain   swamp   lands   to,    and   to   Myron    Smith,    confirmed.   Act  4025. 

COUNTY  BOUNDAEIES. 

Butte  and  Plumas,  boundary  line  between,  Act   807. 

Butte  and  Yuba  counties,  boundary  line  between.   Act   808. 

Fresno  and  Tulare  counties,  boundary  line  between,  Acts   811,  819. 

Glenn  and  Colusa  counties,  boundaries  between,  Act   810. 

Glenn  county,   western  boundary   of,   location  of,  Act   826. 

Humboldt  county  and  counties  of  Del  Norte  and  Siskiyou,  boundary  line  between, 

Acta   822,  909. 
Humboldt,  Mendocino,  Trinity  and  Klamath,  boundaries  between,  Act  813. 
Inyo  and  Mono  counties,  boundary  line  between,  Act  812. 
Kings  and  Fresno  counties,  location  of  boundaries  between,  A-.'os  823,  824. 
Lake  and  Colusa  counties,  location  of  boundary  between.  Act  825. 
Lake  and  Glenn  counties,  location  of  boundary  between.  Act  825. 
Lake  and  Mendocino  counties,  location  of  boundary  between,  Act  825. 
Lake  and  Yolo  counties,  boundary  line  between,  Act   820. 
La'je,  northern  boundary  of,  Act   817. 
Lassen,  northern  boundary  of,  survey  of,  Act  816. 
Mariposa  and  Fresno  counties,  boundary  line  between,  Act  815. 


1564  INDEX, 

COUNTY  BOUKDAEIES.   (Continued.) 

Mendocino  County,   location  of  eastern  boundary  of,   Act   826. 

Plumas  and  Lassen  counties,  boundaries  between,   Act   809. 

San  Luis  Obispo  and  Kern  counties,  locating  boundary  line  between,  Act   818. 

Shasta  and  Lassen  counties,  boundary  line  between  changed  and  located,  Act   821. 

Shasta  and  Plumas  counties,  boundary  line  between.  Act   814. 

Siskiyou,   southern  boundary  of,   survey   of,  Act  816. 

COUNTY  CLERKS. 

Acknowledgments  by,  validated.  Act   21. 

Bond  of,  Act   837,  §  66. 

Bond,   recording  and   filing.   Act   837,  §  66. 

Cities  of  first  class,  assignment  and  transfer  of  deputies,  Act  2348,  §  126. 

Cities  of  first  class,  clerk  or  deputies  not  to  attend  as  witnesses  outside  of  city  un- 
less expenses  paid.  Act  2378,  §  126. 

Cities  of  first  class,  deputies,  clerks  and  assistants  and  salaries  of.  Act  2348,  §  23, 
subd.  8. 

Cities  of  first  class,  duties  of.  Act   2348,  §  124. 

Cities  of  first  class,  original  papers  not  to  be  produced  except  upon  subpoenas, 
Act   2348,  §  125. 

Cities  of  first  class,  provisions  of  municipal  corporation  bill  regarding  apply  only  to 
consolidated  cities  and  counties.  Act   2348,  §  287. 

Cities  of  first  class,   salary  of.   Act  2348,  §  26,   subd.   8. 

Consolidation,  separation  and  reconsolidation  of  county  clerk  and  auditor,  Act  837, 
§  55. 

Consolidation,  separation  and  reconsolidation  of  county  clerk,  auditor  and  recorder, 
Act   837,  §  55. 

Copyists  of.   Act   828. 

County  officers,  is.  Act   837,  §  55. 

Deputies  and  assistants   of.  Acts   827,  828. 

Deputies  and  assistants  in  counties  of  various  classes.      See  Counties. 

Deputies,  additional  in  counties  where  judges  increased,  Act   837,  §  215. 

Duties  of  enumerated,  Act   837,  §§  107,   108. 

Law,  clerk  or  deputy  not  to  practice  law  or  have  law  partner.  Act   837,  §  65. 

Office  hours.  Act  837,  §  61. 

Particular  county.      See  particular  title. 

Pension  claimants,  no  fees  to  be  charged  to,  Acts  829,  2641,  Act  837,  §  227. 

Salaries  of,   in  counties  of  various  classes.      See  Counties. 

Supervisors,  ex  officio  clerk  of,  Act   837,  §  19. 

COUNTY  COURT. 

Powers  of  conferred  on  superior  courts.  Act   846. 

COUNTY  GOVERNMENT. 

Uniform  system  of,  establishment  of.  Acts  834,   835,   836,  837. 

COUNTY  JUDGES. 

Execution  by  of  trusts  in  relation  to  town  lands  granted  unincorporated  towns  by 
act  of  Congress,  Act   2336. 

COUNTY  PAROLE  COMMISSIONERS.      See  Parole  Commissioners. 

COUNTY  SURVEYORS.      See  Surveyor,  County. 

COURT  COMMISSIONERS.      See  Commissioners  in  Equity.* 
Acknowledgments  by  validated,  Acts  20,  21. 


INDEX,  1665 

COURTHOUSES. 

Supervisors,  powers  and  duties,  Act  837,  §  25,  subd.  8. 

COURTHOUSE  SCHOOL  DISTRICT. 

In  Sonoma  County,  re-establisliment  of,  Act   3547. 

COURTS.      See  Police  Courts;  Probate  Courts. 

Cities   of   first   class   authorized   to   pay   rent   of   courtrooms   out   of  general   fund, 

Act  3209. 
City  court.      See  City  Court. 

District  court  of  appeals.      See  District  Court  of  Appeals. 

Juvenile  courts,  creation,  powers  and  duties  of.  Act  1769.      See  Juvenile  Court. 
Mayor  not  required  to  act  as  justice  or  judge  in  cities  over  10,000,  Act  2145. 
Practice  in  supreme  court,  regulating.  Act    842. 
Records  of,  restoration  of,  Act   3015. 

Records  transferred  to  courts  formed  under  constitution  of  1879,  Act  2987, 
Superior  court.s.      See  Superior  Courts. 

Supreme,  appropriation  to  refit  ofSce  of  clerk  of,  Act  840. 
Supreme  court.      See  Supreme  Court. 

Supreme  court  commission.      See  Supreme  Court  Commission. 
Transfer  of  records  from  courts  existing  prior  to  1879,  Acts   844,  2987. 
"Validation    of    writs,    process    and    certificates    issued    before    courts    have    seals, 

Act  2791. 

COYOTES. 

Actions  against  state  for  bounties  on  scalps  authorized.  Act  3792. 
Bounties  on  scalps  of,  Acts  403,  851. 

CRABS. 

Preserves   for  within   Eel  River  and   Humboldt   and  Trinidad   bays,    creation   and 
regulation  of.  Act  1340. 

CRANES. 

Capture  and  destruction  of  prevented.  Act   1316. 

CREMATORIES. 

Garbage  crematories,  regulation  of  operation  of.  Act  2828. 

CRESCENT  CITY. 

Incorporation  of.  Act   856. 
Road,  poll  and  property  tax  in.  Act  859. 
Townsite  of,  location  of.  Act  857. 
Waterfront  of,  ceded  to.  Act  859. 

CRimNAL  LAW.      See  Prisons. 

Abortion,  advertising  to  procure,  prevention  of.  Act  1. 

Amalgam,  gold-dust  or  quicksilver,  stealing  of  is  grand  larceny.  Act  1873. 
Assault.      See  Assault. 

Bureau  of  criminal  identification.      See  Bureau  of  Criminal  Identification. 
Conspiracy,   meaning  of  limited,   Act   692. 

Conspiracy  to  commit  any  crime  against  certain  federal  officers  and  governors,  pun- 
ishment of.  Act  693. 
Coroner's  inquest  in  state  prison,  costs  of,   Act   783. 
Costs  on  removal  of  criminal  action.  Acts    731  and  837,  §§229,230. 
Costs  of  trial  of  convicts  for  crimes  com.mifted  in  state  prison,  Act  783. 
Costs  of  trial  of  escaped  convicts,  Acts  736,  783. 


1566  INDEX. 

CRIMINAL  LAW.      (Continued.) 

Counterfeiting  of  gold-dust,   prevention  of,  Act  793. 

Creation  of  paper  to  circulate  as  money,  forbidden,  Act  2284. 

Cruelty  to  animals,  prevention  of,  Acts   869-871. 

Cutting  of  hair  of  persons  convicted  of  misdemeanor.  Act  2834. 

Deadly  weapons,  improper  and  criminal  use  of  prevented.  Act   887. 

Desecration  of  flag  prohibited.  Act    1198. 

Expenses  of  proceedings,   what  a  county  charge.   Act   837,  §  228. 

Fees  of  certain  city  officers  not  a  county  charge.   Act   1125. 

Felony,  officers  being  interested  in  contracts  or  examining  bids.  Act  2348,   §  27. 

Flag,  desecration  of  prohibited,  Act  4225. 

Gaming.      See  Gaming. 

Grand  Army  of  the  Republic,  persons  prevented  from  wearing  badge  of,  Act  1392. 

House  of  correction  of  San  Francisco.      See  San  Francisco. 

House  of  correction,  commitments  to.  Act  1540. 

Importation  of  convicts  into  state,  prevention  of,  Act   737. 

Improper  and     criminal  use  of  deadly  weapons,  prevention  of,  Act  887. 

Industrial  school  of  San  Francisco,  Act   3237. 

Juvenile  court,  creation,  powers  and  duties.  Acts  1769,  1770.      See  Juvenile  Court. 

Kidnaping  or  importing  Chinese  or  Japanese  females  for  immoral  purposes,  Act 
592. 

Labor  union,  unlawfully  using  union  card,  Act  1831. 

Labor  union,  unlawfully  wearing  button  of,  Act   1830. 

Larceny,   crime  of  more  fully  defined.   Act   1871. 

Larceny,   grand,   stealing  amalgam,   gold-dust  or  quicksilver,  Act   1872. 

Logs,  driving  substances  into  logs  liable  to  injure  saws,  penalty  for.  Act  2049. 

Lotteries,  prohibition  of.  Acts  20^8,  2039. 

Married  women,  placing  of  in  houses  of  prostitution,  prevention  of,  Act  2796. 

Parole  commissioners.      See  Parole  Commissioners. 

Payment  of  costs  and  expenses  of  trial  of  convicts  for  crimes  committed  in  state's 
prison,   Act  736. 

Penalty  for  driving  into  logs  substances  liable  to  injure  saws,  Act  2049. 

Posse  comitatus,  supervisors  authorized  to  pay  expenses  of,  Act  3959. 

Preston  School  of  Industry.      See  Preston  School  of  Industry. 

Prize-fighting  prohibited,   Act  2780. 

Prostitution.      See  Prostitution. 

Public  executions  abolished,  Act   864. 

Retaining  portion  of  salary  of  subordinate  officers  a  felony,  Act  2549. 

Retaining  part  of  wages  of  laborers  in  public  works  a  felony,  Act  2549. 

Reward,  governor  authorized  to  offer.  Act  1387. 

Seamen,  enticing  desertion  of,  Act   3638. 

Seduction.      See  Seduction. 

Separation  of  children  from  adults.  Act  1769. 

Sheriffs  and  chiefs  of  police  to  be  furnished  descriptions  and  photographs  of  pris- 
oners,  Act   738. 

Society  for  prevention  of  cruelty  to  children,  incorporation  of.  Act  1613. 

State  prisons.      See  State  Prisons. 

Statistics  of  crimes.  Act  1827. 

"Vagrants,  punishment  of.  Act   4264. 

Whittier  State  School.      See  Whittier  State  SchooL 

CROCKER  ART  GALLERY. 

Removal  of  mineral  cabinet  from  state  library  to,  Act  2206. 

CROPS.     Se«  Agriculture;  Growing  Crops. 


INDEX.  1667 

CRUELTY  TO  ANIMALS. 

Cruelty  to  animals,  prevention  of,  Acts  869—871. 

CRUELTY  TO  CHILDREN. 

Society  for  prevention  of  cruelty  to  children,  incorporation  of,  Act  1618. 

CUBIC-AIR  LAW. 

Lodgings,  number  of  cubic  feet  for  each  person,  Acts  1966,  4097,  §  62. 

CURATIVE  ACTS. 

Acknowledgments,  validating  defective,  Acts  16-21. 

Acts  of  auditors  and  recorders  legalized,  Act   2982. 

Application  of  John  D.  Justice  to  purchase  state  lands  validated.  Act  2870. 

Assessment  of  street  tax  in  Sacramento  city,  legalized.  Act  3053. 

Conveyances  by  commissioners  of  sinking  fund  of  San  Francisco   legalized,   Acts 

3197,   3200. 
Conveyances  in  San  Diego  validated.  Acts  3148,  3149,  3150. 
Probate  sales,  ratification  of  void.  Act  2785. 

Public  administrators,  validation  of  sales  by  before  obtaining  letters.  Act  2809. 
Reclamation    districts,    acts    legalizing.      See    Reclamation    Districts. 
Sale  of  state  lands,  validated.  Acts  2863-2865. 
Santa  Barbara  City,  grants  by  ayuntamiento  legalized,  Act  3453. 
Santa  Barbara  City,  grants  of  town  lots  legalized.  Act   3454. 
Santa  Barbara  City,  proceedings  of  legalized.  Act   3452. 
Santa  Barbara   County,  all  proceedings  of  legalized,   Act  3469. 
Santa  Barbara  County,  conveyances  by  C.  C.  Cook  validated,  Act  3463. 
Santa  Clara  County,   records  of  legalized.   Act   3491. 
San  Joaquin  County,  records  of  validated,  Act  3357. 
Solano  County,  records  of  legalized,  Act    3686. 
Sonoma,  pueblo  of,  conveyances  of  lands  of  confirmed,  Act  3701. 
Ta.x  sales,  proceedings  of  tax  collectors  in  1874,  validated.  Act  4055. 
Title  of   certain   swamp   lands   to  J.  P.   Counts   and   Myron   Smith   confirmed.   Act 

4025. 
Yolo  County,  acts  of  public  administrator  of,  legalized,  Act  4452. 


D 

DAMAGES. 

C'lniijensation  for  causing  death  by  wrongful  act  or  neglect.  Act  2451. 
DAIRIES.      See  Butter;   Cheese;   Oleomargarine. 

Adulteration  of  dairy  products,  definition  of.  Act  875. 

Adulteration   of   dairy  products,   prohibition   of,   Act   875. 

Deception  in  sale  of  dairy  products,  prohibition  of.  Act   875. 

Deception  in  sale  of  products,  prevention  of,   Act   876. 

Diseases,  prevention  of  spread  of  amongst  stock,  Act   877. 

District  attorney  to  prosecute  offenses  under  dairy  law.   Act  876. 

Establishment  of  standards  of  quality  in  dairy  products.  Act   875. 

Factories   of   dairy   products,    inspection    of.    Acts   876,    877. 

Improvement  of  quality   of   dairy  products,   Act   876. 

Inspection  of  dairy  stock  and  dairies.  Acts  876,  877. 

Inspection  of  factories  and  of  places  where  products  handled  and  sold.   Acts   876, 
877. 

Milk  and  milk  products,  use  of  chemicals  or  materials  to  prevent  fermentation  pro- 
hibited. Act  46. 

Milk,  certified,  production  and  sale  of,  regulation  of.  Act  47. 


1568  INDEX. 

DAIBIES.      (Continued.) 

Products  of  dairies,  inspection  of,  Act  877. 

Sale  of  milk  belonging  to  diseased  cows,  prevention  of,  Act   877. 

Sale  of  products  from  unhealthy  animals,  prevention  of,  Acts   876,  877. 

Sale  of  products  produced  under  unsanitary   conditions,  prevention   of,  Acts  876, 

877. 
Unsanitary,  when.  Act   876. 

DAVISVILLE. 

Hogs  and  goats  running  at  large  in,  prevention  of.  Act  882. 

DEAD  BODIES.      See  Cemeteries. 

Embalming,   rules  governing.   Act   2830,  §§  18,   19. 
Exhumation  and  removal  of,  regulation  of.  Acts   436,  545,  2832. 
Surrender  of  for  dissection,  Act  937. 
Transportation  of,  rules  governing.  Act  2830,  §  20. 

DEADLY  WEAPONS. 

Improper  and  criminal  use  of,  prevention  of.  Act  887. 
Registration  of  purchasers  of  pistols,  Act  888. 

DEAF,  DUMB  AND  BLIND  ASYLUM. 

Directors,   powers  of,  Act   892. 

Home   of  Adult   Blind.      See   Adult  Blind. 

Supply  of  water  for.  Act  893. 

DEATH. 

Burial  permits,  issuance  and  registration  of.  Act  897. 

Certificates  of  deposit,   action  for  after  death,  limitation  on,  Act  3876. 

Compensation  for  causing  death  by  wrongful  act  or  neglect.  Act   2451. 

County  treasurer,  of,  proceedings  on.  Act  837,  §  85. 

Dead  bodies.      See  Dead  Bodies. 

Exhumation  and  disinterment  of  bodies.      See   Cemeteries. 

Express  trusts,   execution  of  on  death  of  last   survivor.  Act  4161. 

Record  of  in  cities  of  first  class.  Act  2348,  §§  183,   184. 

Registrar  of  deaths,  duty  of.  Act  897. 

Registrar  of  statistics,  who  to  act  as  in  cities.  Act  2348,  |  9. 

Registration,    act   providing   for.    Act   897. 

Registration  districts,  establishment  in  cities  and  counties,  Act   897. 

Registration  of,  act  governing.  Act   897. 

Registration,    registrars,    coroners,    physicians    and   undertakers,    etc.,    duties    »nd 

powers,  Act   897. 
Statistics  of.      See  Labor  Bureau. 
Surrender  of  dead  bodies  for  dissection.  Act  937. 

DEBRIS.      See  Mines  and  Mining. 

DEBRIS  COMMISSIONERS. 

Appointment,  duties  and  compensation  of.  Act   898. 

DEBT.      See  Public  Debt. 

DEBTOR   AND   CREDITOR.      See   Bankruptcy   and   Insolvency;    Fraud;    Fraudulent 
Conveyances. 
Discharge   of  whole  of  debt  on  payment  of  part.   Act   6. 
Insolvent  law,  Acts  281,  282,  1654. 


DEBTOR  AND  CREDITOR.      (Continued.) 
Laborers  are  preferred  creditors,  Act  1823. 
Legal  tender  notes  are  receivable  in  payment  of  taxes  and  debts,  Act  1895. 

DEEDS. 

Acknowledgment  by  prisoner,  Act  2764. 

Acknowledgments.      See    Acknowledgments. 

Cemetery  corporation,  manner  of  execution  of  deeds  by,  Act  550. 

Conveyances  by  persons  whose  namea  are  changed,  Act  904. 

Ton-ens  land  act,  Act  4115. 

DEER. 

Destruction  of  on  Mt.  Diablo,  Contra  Costa  County,  prevented.  Act  1313. 

DEER  CREEK. 

Navigability  of,  Act  4358. 

DEFINITIONS. 

Adulteration,   Act   875. 

Artesian  wells.  Act  245. 

Audited,   Act   2348,  §  92. 

Boulevards,   Act  1449. 

Conspiracy,  Act   692. 

Co-operative  business  corporations,  of,  Act  743. 

Itinerant  venders.  Act  1941,  §  3. 

Main  highway.  Act   1448,  §  3. 

Notice,  Act   837,  §  88. 

Personal  property  brokers  defined,  Act  2637. 

Practicing  dentists.   Act   922,  §  15. 

Process,  Act   837,  §  88. 

Streets,  public,  in  cities  of  first  class,  definition  of.  Act  2348,  §  66. 

Trusts,   Act   4166,  §  1. 

Waste  of  artesian  water.  Act  245. 

DELINQUENT  CHILDREN.      See  Juvenile  Court. 

DEL  NORTE  COUNTY. 

Animals  of  another,  wounding  in,  punishment  of.  Act  1593. 

Bounties  for  destruction  of  wild  animals  in,  Act   189. 

Classification  and  population  of,   Act   837,  §§  10,  157. 

Fence  districts  in,  Act   910. 

Fences  in,  tearing  down  of,  prevention  of.  Act  1593. 

Fires,  leaving  of,  punishment  of.  Act  1593. 

Humboldt  County  and  Del   Norte   and  Siskiyou  counties,  boundary  line  between, 

Acts   822,909. 
Hunting  on  inclosed  lands  in,  prevention  of,  Act  1593. 
Indigent  srick  of,  Act   911. 

Lake  Earl  in,  drainas-e  of,  provision  for.  Act  1851. 
Officers  of  and  salaries,  fees  and  allowances  of.   Act  837,  §  213. 
Passing  through  inclosures  and  leaving  them  open.  Act  1593. 
Population  of.  Act   837,  §  10. 
Pound  districts  in.  Act   910. 
Road  laws,   special  in,  repeal  of,  Act  912. 
Superintendent  of  schools,  salary  of.  Act   914. 
Supervisors,  changing  manner  of  electing,  Act  913. 
Swamp  land  fund,  transfer  of  to  general  fund.  Act  916. 
Gen.  Laws — 99 


1570  INDEX. 

DEL  NORTE   COUNTY.      (Continued.) 

Thistle,   propagation  prevented  in,  Act  4104. 
Treasurer  of,  bonds  of.  Act  915. 

DEMURRAGE. 

Failure  to  unload  cars.  Act  2933. 

DENTISTRY. 

Act  of  1885  regulating  practice  of,  Act  921. 

Act  relating  to  practice  of  does  not  affect  existing  practitioners.  Act  922,  §  1. 

Applicants,  examination  of,  Act   922,  §§8,   9. 

Applicants  for  examination,  qualifications  of.  Act   922,  §  12. 

Applicants,  qualifications,  character  and  experience,  examination  into,  Act  922,  §  9. 

Apprenticeship  in  dentistry,  notice  and  affidavit.   Act   922,  §  13. 

Better  education  of  practitioners,  act  of  1885  relating  to.  Act   921. 

Better  education  of  practitioners,  act  of  1901  relating  to.  Act   922. 

Certificate  of  registration  of  license,  Act  922,  §  10. 

Certificate  of  registration  of  license,  proceedings  on  change  of  name.  Act  922,  §  10. 

Certificate  of  registration  of  license,  proceedings  on  removal,  Act   922,  §  10. 

Certificates,  when  issued.  Act  922,  §  8. 

Complaint  for  violating  dental  law.   Act   922,  §  21. 

Degrees,  conferring  of  by  colleges,  Act   922,  §  20. 

Dental  examiners,  annual  report.  Act  922,  §  22. 

Dental  examiners,   appointment  of,   Act   922,  §  2. 

Dental  examiners,  books  and  records  of.  Act  922,  §  6. 

Dental  examiners,   books  and  records,  copies  of.  Act   922,  §  6. 

Dental  examiners,  compensation  and  how  paid.  Act   922,  §  4. 

Dental  examiners,   creation  of.  Act   922,  §  2. 

Dental  examiners,  duties  of.  Act  922,  §§  3  et  seq. 

Dental  examiners,  expenses  and  mileage  of,  and  how  paid.  Act  922,  §  4. 

Dental   examiners,   expenses,   compensation,   and  mileage,   how  paid,   Act   922,  §  14. 

Dental  examiners,  meetings,  time  and  place  of.  Act  922,  §  3. 

Dental  examiners,  meetings,  quorum,  Act  922,  §  23. 

Dental  examiners,  number  of,  Act   922,  §  2. 

Dental  examiners,  officers  of.  Act  922,  §  3. 

Dental  examiners,   organization  of.   Act   922,  §  3. 

Dental  examiners,  postoffice  address  and  notices,  Act   922,  §  5. 

Dental  examiners,  powers  and  duties  enumerated.  Act  922,  §§1,  2,  S. 

Dental  examiners,   qualifications.   Act   922,  §  2. 

Dental  examiners,  removal  of,  Act  922,  §  7. 

Dental  examiners,  seal  of,  Act  922,  §  3. 

Dental  examiners,  term  of  oilfice.  Act  922,  §  2. 

Dental   examiners,   vacancies,    filling   of.    Act    922,    §  2. 

Diplomas,  bestowing  of  by  colleges.  Act  922,  §  20. 

Diplomas  conferred  by  colleges,   effect  of,   Act   922,  §  20. 

Diplomas,  purchase,  sale  or  alteration  of,  punishment  of,  Act   922,  §  19. 

Examination,  eligibility  for.  Act   922,  §  12. 

Examination,  fees  for.  Act   922,  §  11. 

Examination  of  applicants,   Act  922,  §  8. 

Fees,  Act  922,  §  14. 

Fines,  penalties  or  forfeitures,  disposition  of,  Act  922,  §  21, 

License,  certificate  of  registration  of.  Act   922,  §  10. 

License,  practicing  without,  unlawful.  Act  922,  §  1. 

License,  registry  of,  Act   922,  §  10. 

License,  revocation  of,  grounds  for.  Act  922,   S21Vi. 


INDEX.  1571 

DENTISTRY.      (Continued.) 

License,  revocation  of,  proceedings  for,  Act  922,  §21%. 

License,  suspension,  revocation  or  re-instateinent  of,  entry  of,  Act    322,  §  10. 

License,   temporary,  issuing,   Act   922,  §  11. 

License,  when  issues,  Act  922,  §  8. 

Ivists  of  dentists,  sending  to  county  clerk  and  registry  of  by.  Act  922,  §  14. 

Misdemeanor,  offenses  against  dental  law.  Act  922,  §  19. 

Moneys  received,  deposit  in  b.ink  and  withdrawal  of,   Act   922,  §  14. 

Offenses  against  dental  law,  punishment  of.  Act   922,  §  19. 

Physicians  and  surgeons,   rights  of,   Act   922,  §  24. 

Practicing  dentistry  defined.  Act  922,  §  15. 

Practicing  without  graduating  from  college  or  without  having  license  from  an- 
other state,  proceedings.  Act   922,  §  13. 

Register  of  Board  of  Dental  Examiners,  reproduction  of  on  destruction  by  fire, 
Act  438. 

Registration,  certificate  of,  Act  922,  §  10. 

Registry  of  dentists.  Act  922,  §  10. 

Registry  of  dentists,  false  entry,  liability  of  county  clerk,  Act  922,  §  10. 

Regulation  of  practice  of,  act  of  188.5,  relating  to,  Act  921. 

State  dental  surgeon,  appointment,   salary  and  term  of  oflfice,  Act   923. 

State  dental  surgeon,  creation  of  office  of,  Act  923. 

Slate  dental  surgeon,  duties  of,  Act  923. 

DEPENDENT  CHILDREN.      See  "Juvenile  Court. 

DEPOSIT. 

In  banks.      See  Banks  and  Banking. 

Certificates  of  deposit,  action  for  after  death,  limitation  on,  Act  3876. 

Deposit  of  moneys  or  assets  with  corporation  and  reduction  of  bonds.  Act   1055. 

DEPOSITARY. 

Bonds,  deposit  of  money  or  assets  with  corporation  and  reduction  of  bonds,   Aces 

770,  1055. 
Corporation  acting  as,  rights  and  duties  of.  Acts   770,   1055. 
Corporations  authorized  to  act  as.  Acts  770,  1055. 
Deposit  of  moneys  or  assets  with  corporation  and  reduction  of  bonds,  Act  1055. 

DEPUTIES.      See  Offices  and  Officers. 

Acknowledgments  taken  before  validated,  Act  17, 
County  clerks,  deputies  of,  Act  828. 

DESCENT. 

Law  governing.  Act  927. 

DESCRIPTION. 

Photographs  and  descriptions  of  discharged  convicts,  giving  to  sheriffs  and  chiefs 
of  police,  Act   2767. 

DESTROYED  RECORDS.      See  Burnt  or  Destroyed  Records   or  Documents;    Estab- 
lishment of  Titles. 

DETAINER. 

Forcible  entry  and  unlawful  detainer,  act  concerning,  Act  1208. 

DIABLO  CREEK. 

Declared  navigable.  Act  932. 


1572  INDEX. 

DISEASE.      See  Public  Health. 

Contagious  and  infectious,  amongst  animals,  prevention  of,  Acts  179,  180,  877. 
Cultivated  trees,  plants  and  crops,  investigation  of  nature  and  means  of  control, 

Act   1519. 
Diseases  injurious  to  fruit  trees,  vines,  vegetables,  etc,  prevention  of  introduction 

of.  Act  1517. 
Diseases  to  fruit  and  fruit  trees,  spreading  of,  prevention  of,  Act  1516. 

DISSECTION. 

Act  providing  for  study  of  anatomy,  Act  174. 
Surrender  of  dead  bodies  for  dissection,  Act  937. 

DISSOLUTION. 

Irrigation  district,  of.  Act  1731. 

Protection  districts,  dissolution  of  for  nonuser.  Acts  2803,  4026. 

Reclamation  districts,  of,  for  nonuser,  Acts  2803,  2974,  4026. 

DISTRIBUTION. 

Law  governing,  Act  927. 

DISTRICT  ATTORNEY. 

Action  by  county   treasurer  against  for  moneys  not  accounted  for  or  paid  over. 

Act  837,  §  80. 
Assistants  and  clerks  in  cities  and  counties,  and*  counties  over  125,000,  Act  943. 
Assistant  or  deputy,  payment  of,  Act   837,  §  215. 
Bond  of.  Act  837,  §  66. 

Bridge  or  ferry  license,  to  proceed  against  persons  neglecting  to  pay,  Act   1938. 
Cities  of  first  class,  assistants  and  clerks  and  salaries  of,  Act  2348,  §  26,  subd.  9. 
Cities  of  first  class,  duties  of.  Act  2348,  §  132. 

Cities  of  first  class,  provisions  regarding  apply  to  city  attorney,  Act  2348,  §  287. 
Cities  of  first  class,  salary  of,  Act   2348,  §  26,  subd.  9. 
Claim  against  county,  not  to  present  or  advocate.  Act  837,  §  134. 
Conducting  preliminary  examinations  in  police  court  in  cities  of  fourth  class.  Act 

2348,  §  695. 
Deputies,  appointment  and  salaries  in  various  counties.      See  Counties. 
Deputy,  payment  of.  Act  837,  §  215. 
Duties  of,  enumerated,  Act  837,  §§  132-134. 
Duty  of  on  violation   of  law  against  trusts.   Act   4166,  5  2. 
Eligibility  to  office  of.   Act   837,  §  54. 
Expenses  of,   a   county  charge,   Act  837,  §  228    subd.  2. 

Fees,   apportioning  between  district  attorneys  and  their  successors.   Act  944. 
Illegal  allowance  of  claim  against  county,  duty  of  district  attorney.  Act  837,  §  8. 
In   cities   and  counties,   and  counties   over   125,000,   Act   943. 
Must  not  present  or  advocate  any  claim  against  county  except  his  own.   Act  837, 

§  134. 
Neglect  or  refusal  to  pay  over  moneys,  proceedings  against.  Act  837,  §  80. 
Notary,  may  act  as,  Act   837,  §  65. 
Nuisance,  to  bring  suits  to  abate,  Act  942. 
Nuisance,  public,   to  bring  suits  to   abate.   Act  2508. 
Office   hours,    Act  837,  §  61. 

Particular  classes   of   counties,    district   attorneys  in.      See    Counties. 
Particular  county.      See  particular  title. 
Public  prosecutor  of  county,   is.   Act   837,  §  132. 
Salaries  and  expenses  of  in  various  counties.      See  Counties. 
Supervisors,  is  legal  adviser  of,   Act   837,  §  133. 


INDEX.  1578 

DISTRICT  ATTORNEY.      (Conllnued.) 

Supervisors,    must    attend    meetings    of    and    oppose    illegal    and    unjust    claim*, 

Act  837,  §  133. 
Treasury,   counting  cash  in,   and  proceedings  on,   Act  837,  §§  87,   115,   116. 

DISTRICT  COURT. 

Powers  of,   conferred  on  superior  courts,     Act  846. 

DISTRICT  COURT  OF  APPEALS. 

Second  district,  appropriation  to  provide  rooms  and  accommorlatinns  for,  Act   847. 
Second  district,   rooms  for  accommodation   of,   contracts  and  leases   for.   Act  847. 

DITCHES.      See   Canals;   Drainage. 
Construction  of,   Act  526. 

Oo-owneVs  of,  mutual  rights  and  liabilities  of,  Act  950, 
Corporations  for  purposes   of  ditching,   Act   2234. 
Water  ditches  in  Fresno  County,  Act  1272. 

DIVISION  FENCES.     Se«  Fences. 

DIVORCES. 

Act  relating  to,  Act  955. 
Statistics  of.  Act  1827. 

DIXIE  DISTRICT. 

Public  schools  of.  Act  2075. 

DIXON. 

Incorporation  of.  Act  960. 

DOCTORS.     See   Dentistry;   Medicine;   Veterinary  Surgery. 

DOCUMENTS. 

Burnt   or  destroyed  Records  or  Douments.     See  Burnt  or  Destroyed  Records  or 
Documents. 

DOGS. 

Administering  drugs  or  poisons  to,  a  misdemeanor,  Act  192. 

Annual  tax,    evasion  of,  penalty.  Act  965,  §  3. 

Annual  tax  on.   Act   965,  §§1,  2. 

Annual  tax  on,  ownership  of  dog,  evidence  of.  Act  965,  5  9. 

Goats,  cashmere  and  angora,  protection  of  from'  ravages  of.  Act  181. 

Protection  of  sheep  and  lambs  against  ravages  of.  Acts  181,  965,  3619. 

Stealing  of,   prevention  of.   Act   190. 

Worrying  or  killing  sheep  or  angora  or  cashmere  goats,  liability.  Act  965,  §§4,  5. 

Worrying  or  killing  sheep  or  angora  or  cashmere  goats,  may  bo  killed,  Act  965. 

DONATIONS.      See  Gifts. 

Counties,   to,  receipt  and  appropriation  of,  Act  2338. 
To  state,  receipt  and  appropriation  of.  Act  3782. 

DONNER   LAKE. 

State  highway,  from  Emigrant  Gap  to.  Act   1457a. 

DORRIS  BRIDGE. 

Name  changed  to  Alturas,  Act  970. 


1574  INDEX. 

DOWNIEVILLE. 

Incorporation  of,  Act  975. 

State  highway  from  Mount  Pleasant  ranch  to,  Act  1457b. 

DRAINAGE. 

Agricultural   lands,    drainage   of.   Acts    982,    983. 

Cities  of  third  class,  drains  in.  Act  2348,   §§  531,  532. 

Colusa  and  Yolo  counties,   certain  Innds  in,  of.   Act   649. 

Commissioner  of  public  works,  auditing  board  to,   duties  in  relation  to,   Act  2891. 

Commissioner  of  public  works,   duties  in   relation   to,   Act   2890,  §  2. 

Construction  fund  of  drainage  district  No.  1,  transfer  of,  to  general  fund.  Act. 
1283. 

Districts,  organization  and  government  of  drainage  districts  for  drainage  of  agri- 
cultural lands  other  than  swamp  and  overflowed,  Act  982. 

Irrigation  districts,  provision  for  drainage  by.  Act   988. 

Issuance   of  bonds  by  cities   for  drainage   of  waters.   Act   2366. 

Lake  Earl,  in  Del  Norte  County,  drainage  of,  provision  for,  Act  1851. 

Levee  districts.      See  Levee  Districts. 

Pollution  of  waters  by,  Act  2830,  §§  2-5. 

Promotion  of,   act  relating  to.   Act   980. 

Protection  districts.      See  Protection  Districts. 

Rapid,    promotion   of.    Act   3811. 

Regulation  of  by  boards  of  health  or  health  officers.  Acts  2838,  2839. 

Sacramento  drainage  district,    creation   of,   act  relating  to,   Act   979. 

Sacramento  drainage  district.      See   Sacramento   Drainage   District. 

Sacramento  river  drainage  district,   creation  of.  Act   981. 

Sale  of  lands  uncovered  by  recession   or  drainage  of  lakes.  Act  2857. 

State  drainage  construction  fund,  abolition  of.  Act   984. 

State  drainage  cons'truction  fund,    transfer   to    general    fund,   Acts   984,    1282. 

Storm-water   districts.      See    Storm-water   Districts. 

Swamp  and  overflowed  lands,   drainage  of,   Act   983. 

Yolo  basin  drainage  district,  creation,  management  and  control  of,  Act  978. 

Ditches  and  drains  under  the  act  of  March  21,  1903. 

Apportionment  of  excavation  and  cost  of  location,   Act   986,  §  5. 

Apportionment  of  excavation  and  cost  of  location,  notice  to  owners.  Act  986,  §  6. 

Bond  on  petition  for.  Act  986,  §  1. 

Completion,  proceedings  where  owner  fails  to  complete,  Act  986,  S  7. 

Condemnation  of  lands.  Act   986,  §  12. 

Construction,   county  surveyor  to  superintend.  Act  986,  §  9. 

Construction,  damage  by  augmenting  waters,  Act  986,  §  11. 

Costs  of  excavation  and  location  apportioned  to  lands  affected.  Act  986,  §  5, 

Costs  of  notice  to  owners,   Act   986,  §  6. 

Costs,   notice  of  apportionment  to   owners.   Act   986,  §  5. 

Costs,  proceedings  on  failure  to  pay,   Act  986,  §  7. 

County   surveyor   superintends   construction.   Act   986,  §  9. 

Encroachment,   failure  to  remove,  penalty.  Act  986,  §  10. 

Location  of.  Act   986,  §  2. 

Obstructions,    failure   to   remove,  penalty.   Act  986,  §  10, 

Petition  for.  Act  986,  §  1. 

Petition,    contest   of   and   evidence.    Act   986,  §  3. 

Petition  for,  hearing,  Act  986,   §§  1,   3. 

Petition,   hearing,   publishing  notice   of.    Act   986,  §  1. 

Petition,   publication   of.   Act   986,  §  1. 

Petition,  supervisors  may  grant  or  deny,  Act  986,  §  4, 


INDEX,  157* 

DRAINAGE.      (Continued.) 
Repair  of,  Act   986,  §  9. 
Roadinaster  has  charge  of,  Act  986,  §  9. 
Survey  of  lines  of  and  report,  Act  986,  §§2,  4. 
Transfer  of  funds  from  drainage  construction  funds  to  general  fund,   Acts  1282, 

1283. 
Treasurer,   compensation  of,  Act  986,  §  8. 
Treasurer,   duty  of  as  to  funds.  Act  986,  §  8. 

Drainage  districts  under  act  of  March  18,  1885. 
Account  of  expenditures.  Act  985,  §  16. 
Assessing  damages  and  expenses,   Act  985,  §  9. 
Assessments,  action  on,  Act  985,  §  14. 
Assessments,    equalizing,   Act   985,  §  13. 
Assessments,  further.  Act  985,  §  12. 
Assessments,   lien   of.   Act  985,  §  14. 
Assessments,  lists,  filing  of.  Act  985,  §  14. 
Assessments,  lists  of  charges  and  of  lands.  Act  985,  §  13. 
Assessments,  payment  of.   Act  985,  §  14. 

Board  of  trustees,  exercising  right  of  eminent  domain,  Act  985,  §§  18,  19. 
Boards  of  trustees  of,  and  powers  and  duties  of,  Act  985,  §§5,  7,  8,  9. 
Board  of  trustees,  purchases  by  Act  985,  §  17. 
Boundaries,  Act   985,  §  3. 
By-laws,   Act   985,  §§  5,   6. 

Drainage  by  owners  without  intervention   of  trustees.   Act  985,  S  20. 
Eminent   domain,    exercising   right   of,    Act   985,  §§  18,    19. 
Exclusion   and  inclusion   of  land,   Act   985,  §  3. 
Execution  of  work,  Act  985,  §  15. 
Formation  of.  Act   985,  §  3. 

List  of  charges  and  of  lands.  Act  985,  §§  13,  14. 
Lying   in   different   counties.    Act  985,  §§  2,    11,    14. 
Payments  when  districts  in  different  counties.   Act  985,  §  10. 
Petition  for  formation  of.  Act   985,  §1. 
Petition,   recording,   Act   985,  §  4. 
Plans  and  estimates.  Act  985,  §  8. 
Purchases  by  trustees.   Act  985,  §  17. 
Warrants   on   treasurer,   Act  985,  §  10. 

Drainage  districts  under  act  of  March  20,  1903. 

Actions  and  proceedings,  instituting  and  defending.  Act   987,  §  26. 

Annual  estimate  of  moneys  needed.  Act  987,  §§  39,  40. 

Another  district  not  to  be  formed  within  boundaries  of  without  consent,  Act  987, 

§9. 
Appeal  from  order  forming,  Act  987,  §4. 

Assessments,  election  upon  question  of  levying,  Act  987,  §  31. 
Assessment,  special,  election  on,  Act  987,  §  55. 
Assessment  where  bonds  insufficient.  Act  987,  §  31. 
Bids  for  construction  of  work.   Act  987,  §  49. 
Bonded  indebtedness,  reduction  of.   Act   987,  §§  88-90. 
Bonds,  action  to  determine  validity,   Act  987,  §§  58-03. 
Bonds,   destruction  of,   election   to   determine.   Act   987,  §§  91-93. 
Bonds,  election  for.  Act  987,  §  27. 

Bonds,  form  of,  interest,  time  of  payment,  denomination,  etc..  Act  987,  §  28. 
Bonds,  how  payable.  Act  987,  §  30. 
Bonds,   lien  upon  property,  Act  987,  §  30. 


DKAINAGE.      (Continued.) 

Bonds,  redemption  of,  Act  987,  §  48. 

Bonds,  refunding,  Act  987,  §§  32-39, 

Bonds,   sale  of,   Act  987,  §  29. 

Boundaries,  change  of,  Act  987,  §  64. 

Boundaries,  change  of  by  exclusion,  Act  987,  §§  64-71,  73,  74. 

Boundaries,   change  of  by  inclusion  of  lands,   Act  987,  §§  76-87. 

Boundaries,  change  of,  effect  on  debts,  liabilities,  etc..  Act  987,  §§  64,  74,  75. 

Boundaries,  change  of  to  be  recorded.  Act  987,  §§  70,  84. 

Boundaries,  defining,  establishing  and  modifying,  Act  987,  §  3. 

Claims,   allowance  and  payment.   Act  987,  §  50. 

Condemnation  proceedings,    Act   987,  §  16. 

Construction  of  works  across  stream,  railroad,  highway,  etc.,  Act  987,  §  52. 

Contracts  and  bonds.  Act  987,  §  50. 

Costs  and  expenses  paid  out  of  construction  fund.  Act  987,  J  51. 

Debts,  limitation  on  power  to  incur,  Act  987,  §  56. 

Directors,  at  large,  Act  987,  §  5. 

Directors,  biennial  election  of.  Act  987,  §  17. 

Directors,  changing  number  of.  Act  987,  §  25. 

Directors,  compensation  and  expenses,  Act  987,  §  53.     , 

Directors,  enter  upon  duties  immediately  upon  election  and  qualification,  Act  S 

§11. 
Directors,  financial  statement,  publishing.  Act  987,  §  13. 
Directors,   limitation  on  power  of  to  incur  debt.   Act  987,  §  56. 
Directors,  meetings  of,  Act  987,  §  13.  » 

Directors,  minutes.  Act  987,  §  13. 

Directors  not  to  be  interested  in  contracts,  Act  987,  §  54. 
Directors,  oath  and  bond,  Act  987,  §  17. 

Director,  office  becomes  vacant  on  ffxclusion  of  lands.  Act  987,  §  71. 
Directors,  office  of  and  change  of.  Act  987,  §  18. 
Directors,  one  elected  from  each  district.  Act  987,  §  72. 
Directors,  one  to  be  elected  from  each  division.  Act  987,  §  5. 
Directors,  organization  of.  Act  987,  §§  12,  18. 
Directors,  powers  and  duties  of.  Act  987,  §  14. 
Directors,  qualifications  and  residence.  Act  987,  §  5. 
Directors,   quorum.  Act   987,  §  13. 
Directors,  term  of  office,  Act  987,  §§  11,  12,  13. 
Directors,  vacancy.  Act  987,  §  17. 

Director,  vacancy  in  office  on  exclusion  of  land,  filling  of.  Act  987,  §  71. 
Directors,  when  enter  on  duties,  Act  987,  §  11. 
Division,  dividing  district  into   divisions,   Act   987,  §§5,   72. 
Division  of  district,  redivision  on  inclusion  of  land,  Act  987,  §  87. 
Division,   changing  boundaries  of.  Act  987,  §  15. 
Duties  of.  Act  987,  §  1. 

Elections,  board  of  election,   appointment  of,   Act  987,  §  19. 
Elections,  board  of  election,    oaths   of   officers,    Act   987,  §  20. 
Elections,  board  of  election,  duties  and  powers  of  officers,  Act  987,  §  20. 
Elections,   certificates  of  election,   Act  987,  §  24. 
Election,  contest  of.  Act  987,  §  10. 
Elections,  form  of  ballots,  Act  987,  §  20. 
Elections,  notice  of.  Act  987,  §  19. 
Elections,  polling-places,  Act   987,  §  19. 
Elections,  precincts,  Act  987,  §§  19,  72. 
Elections,  returns.   Act  987,  §§  22,  23. 
Elections,  returns,  canvass  of.  Act  987,  §  23. 


INDEX.  1577 

DRAINAGE.      (Continued.) 

Elections,  statement  of  result,  declaring  and  entering.  Act  987,  §  24. 

Elections,   voting,    Act   987.  §  21. 

Election  on  organization,    canvassing  returns,   Act   987,  §  8. 

Election  on  organization,    contest   of,   Act   987,  §  10. 

Election  on  organization,    notice   of.    Act   987,  §  6. 

Election  on  organization,   qualifications   of  electors,   Act  987,  §  7. 

Election  on  organization,    two-thirds   votes   necessary,    Act  987,  §  8. 

Election  on  question  of  inclusion  of  lands.  Act   987,  §§  82,   83. 

Election  on  question  of  reducing  bonded  indebtedness.  Act  987,  §§  88,  89, 

Election  on  question  of  special  assessment,  Act  987,  §  55. 

Election  to  determine  destruction  of  bonds,  Act  987,  §§  91-93. 

Exclusion,   guardian  or  executor  may  sign  petition.  Act   987,  §  73. 

Exclusion   of  lands.   Act  987,  §§  3,  64-71,  73,  74. 

Exclusion  of  lands,  effect  of  on  debts,  liabilities,  etc..  Act  987,  §§  64,   74,  75, 

Financial   condition,   annual   statement   of,   Act  987,  §  13. 

Funds,  enumeration  of.  Act  987,  §  46. 
^   Guardian  or  executor  may  sign  petition  for  inclusion  of  lands.  Act  987,  §  86. 

Inclusion  of  land.   Act  987,  §§  76-87. 

Number  of  owners  necessary  to  organization.   Act  987,  §  1. 

Officers  not  to  be  interested  in  contracts.  Act  987,  §  54. 

Order  declaring  organization,  recording  and  filing  with  supervisors,  Act  987,  S  9. 

Organization  of,  Act  987,  §  1. 

Organization,  when  complete.  Act   987,  §  9. 

Petition,   bond.   Act   987,  §  2. 

Petition,   description  and  boundaries  in,  Act  987,  S  2. 

Petition,  hearing  of.   Act   987,  §  3. 

Petition,  illegal  signing,  effect  of.  Act   987,  §  1. 

Petition,  number  of  signers  necessary.  Act  987,  8  3. 

Petition,  presentation  of.  Act  987,  §  2. 

Petition,  publication  of.  Act   987,  §  2. 

Petition,  who  cannot  sign.  Act   987,  §  1, 

Petition,   who  may  file,  Act  987,  §  1. 

Powers  of.  Act   987,  §  1. 

Powers,  rights  and  duties.  Act  987,  §  1. 

Prior  acts  not  repealed,  Act  987,  §  95. 

Property,  right  to  acquire  and  hold,  Act  987,   §  26. 

Refunding  indebtedness.   Act  987,  §§  32-39. 

Rights  of,  Act   987,  §  1. 

Rights  of  way  granted  over  state  lands.  Act  987,  §  52. 

Secretary,  appointment  of.  Act  987,  §  18. 

Secretary,  appointment,   salary  and  bond,   Act  987,  §  12, 

Taxation,  property  exempt  from.   Act  987,  §  57. 

Tax,   levy   and   collection   of.   Act   987,  §§42-45. 

Title  of  property  vests  in  district.   Act  987,  §  26. 

Title  to  land,  Act  987,  §  1. 

Treasurer,    duties   of.   Act   987,  §§45-48. 

Validity  and  liabilities  of  prior  districts  not  aflfected  by  act,  Act  987,  §  94. 

DRAINS.      See  Drainage. 

DRAWBRIDGES. 

Cities  authorized  to  maintain,  Act  418. 

DRUGGISTS.      See  Pharmacy. 


1578  INDEX. 

DEUGS.      See  Pharmacy;  Poisons. 
Administering  to   animals,  Act  192. 
Adulteration   of,   forbidden,     Act  35. 
Analyzing,  Act   3799. 

Analyzing  to     prevent  adulteration,  Act  40. 
Itinerant  venders  of,  license  upon.  Act  1941. 
Paris  green,  fraud  in  sale  of,  prevention  of,  Act  2614. 
Paris  green,  regulation  of  sale  of.  Act  2  614. 
Poisons,  regulation  of  sale  of.  Act  2723. 
Regulation  in  traffic  of,  Act  30. 

DUE-BILLS. 

Assignability  of,  Act  260. 

DUMB.      See  Deaf,   Dumb  and  Blind  Asylum. 

DUPLICATES. 

Municipal  warrants,   bonds  or  other  securities,   issuanc*  of  duplicates  where  mu- 
tilated or  defaced,  Act  440. 
Official  certificates,  issuance  of  duplicates,  where  original  destroyed,  Act  441. 

DYING  STATEMENT. 

Duty  of  assistant  district  attorney  to  take,  in  cities  of  first  class,  Act  2348,  §  242. 

DYNAMITE.     See  Explosives. 


EABL.     See  Lake  Earl. 

EARNINGS. 

Married  women,  of,  protection  of.  Act  2111, 

EASEMENT. 

Rights  of  way  given  mines,  Act  2228. 

EAST  STREET. 

San    Francisco,    harbor    commissioners    authorized    to    sell,    condemn    and    acquire 

adjacent  land.   Act  1428. 
San  Francisco,  harbor  commissioners  authorized  to  rectify  alignment.  Act   1428. 
San  Francisco,  jurisdiction  of  harbor  commissioners  extended  over.  Act  1427. 

EDUCATION.      See  Hastings  College  of  the  Law;   University  of  Oalifomift. 
(Colleges.      See  Colleges. 

Incorporation  of  institutions  of  learning,  science  and  art.  Act  633. 
Schools.      See  Schools. 

EEL  RIVER. 

Crabs,  preserve  for  in,  creation  and  regulation  of,  Act  1340. 
Salmon  fisheries  in,  protection  of.  Act   1326. 

EJECTMENT. 

Possessory  actions,  mode  of  maintaining  and  defending.  Acts  2847,  2848. 

EL  DORADO  COUNTY. 

Agriculture  in,  protection  of.  Act  992. 

Animals  in,  trespassing  of.  Act  1071. 

Animals  of  acuother,  wounding  in,  punishment  of,  Act   1593. 


INDEX.  1579 

Ell  DORADO  COUNTY.      (Continued.) 

Animals,  prevention  of  injury  to  agriculture  from  trespassing  of,  Act  992. 

Animals,  trespassing  of  on  private  property  in  Mud  Springs  township,  Act  997. 

Assessor,  authorized  to  appoint  one  or  more  deputies,  Act  993, 

Board  of  auditors,  creation  of  and  powers  of,  Act  994. 

Bonded  indebtedness  of,  finding  of,  Act  995. 

Bonded  indebtedness,   levy  of   tax  redemption   of.   Act  1004. 

Classification  and   population   of.    Act  837,  §§  10,   157. 

Collector,  election  and  compensation  of,  Act   1007. 

Fees  of  officers  in.  Act   1001. 

Fences,  division  in,  Act   1138. 

Fences  in,  tearing  down  of,  prevention  of,  Act  1593. 

Fences,   lawful,  in.  Act  996. 

Firemen,  exemption  of  from  poll  tax.  Act  4063. 

Fires,  leaving  of,  punishment  of.  Act  1593. 

Funds,   treasurer  to  transfer  certain,  Act  1066. 

Highways  in.  Act  999. 

Hunting  on  inclosed  private  land,  prevention  of.  Act  1593. 

Inclosures,  passing  through  and  leaving  them  open,  Act   1593. 

Mud  springs  township,  trespassing  of  animals  upon  private  property  in,  Act  997. 

Officers,  deputies   »nd   assistants,    and   salaries,    fees   and   allowances  of.   Act  837, 

§  197. 
Officers,  fees  and  salaries  of.  Acts   1000,   1001. 
Poll  taxes  in,  disposition  of  proceeds  of,  Act  1005. 
Population  of,  Act   837,  §  10. 

Rattlesnake  school  district  and  Wild  Goose  school  district  consolidated,  Act  3543. 
Roads,  improvement  of  in.  Act  998. 
Roads  in,  Act   999. 

Stallions  prevented  from  running  at  large  in.  Act   1063. 
Supervisors,  organizing  board  and  defining  duties  of.  Act  1002. 
Taxes,  levy  of  for  county  purposes,  Act   1004. 
Tax,  levy  of  for  redemption  of  bonded   indebtedness,   Act  1004. 
Tax,  special,  supervisors  authorized  to  levy.  Act  1003. 
Treasurer,  election  and  compensation  of,  Act  1007. 
Treasurer  of  to  transfer  certain  funds,  Act  1006. 

ELECTIONS. 

Bonds,  counties  authorized  to  vote  on  issuing  for  debts  not  authorized.  Act  384. 

Bonds,  on  question  of  issuing  by  cities  for  expenses  of  year  1883,  Act  383. 

Campaigns,   conduct  of,  regulation  of.  Act  1021. 

Certificates  of  election,  issuing  of.  Act  837,  §  35. 

Charter,  amendments  to,  election  upon.  Acts   367,  1014. 

Charters,  elections  upon,  Act  1014. 

Charters  or  amendments  to  the  charters,  conduct  of  election  upon,  Acts  367,  1014. 

Cities  of  second  class,  when  held.  Act  2348,  §  301. 

Cities  of  third  class,  elections  in,  Act  2348,  §  507. 

Cities  of  fourth  class,  elections  in.  Act  2348,  §§  602-604. 

Cities  of  fifth  class,   elections  in,  Act  2348,  §§  752,   756. 

Cities  of  sixth  class,  elections  in.  Act   2348,  §  856. 

Cities  of  sixth  class,  officers,   election  of  enabled  where  city  without  officers,   Act 

2350. 
County  officers,  time  of.  Act  837,  §  58. 
Frauds  on  voters,  prevention  of.  Act  1017. 
Freeholders,  election  of,  Acts  367,  1014. 
Intoxicating  liquors,  prevention  of  sale  of  on  election  days,  Act  1016,  1690. 


1580  INDEX. 

ELECTIONS,      (Continued.) 

Officers  of,  supei-visors  appoint,  Act   837,  S  25,  subd.  8. 

Municipal,  conduct  of  where  held  separate  from  state  elections,  Act  367. 

Piece  clubs,  prohibition  of.  Act   1018. 

Precincts,  supervisors  may  establish,  abolish  and  change.  Act  837,  §  25,  subd.  3. 

Primary,  acts,   governing  and  regulating.   Acts   1011,   1012,    1013. 

Primary,  act  of  1909  providing  for  and  regulating.  Act  1013. 

Primary,  exiiressing  choice  for  United  States  senator  at,  Act  1013. 

Primary,  in  counties  of  certain  classes,  Act  1012. 

Primary,  supervisors  authorized  to  declare  day  a  holiday.  Act   1469. 

Purity  of,  act  relating  to,  repealed,  Act   1021. 

Purity  of,  promotion  of,  Act  1015. 

Sale  of  intoxicating  liquors  on  election  days  prohibited,  Act  1016,  1690. 

Special  acts  concerning.  Act   1019. 

Supervisors  authorized  to  declare  election  day  a  holiday.  Act  1469. 

Supervisors,  duty  as  to.  Act  837,  §  34. 

Supplies,  duties  of  supervisors,  Act   837,  §  34. 

Tickets,  circulation  of  bogus,  prevented.  Act  1017. 

Township   officers,   time  of,   Aot   837,  §  58. 

Voting  machines,  option  as  to  use  of,  Act   1020. 

Voting  machines,  state  commission  on,  creation  of  and  powers  of,  Act  1020. 

ELECTRICITY. 

Ordinances  permitting  cars  to  be  propelled  by,  ratified.  Act  2928. 
Steam  railroads  authorized  to  use  electricity  or  steam,  Act  2931. 

ELIGIBILITY. 

Of  women  to  educational  offices.  Act  3576. 
To  office.     See  Offices  and  Officers. 

ELISOB. 

Compensation  for  serving  process.  Act  837,  §  105. 

Fees  of.  Acts  754,  1026. 

Service  of  process  by.  Act  837,  §  105. 

When  may  be  appointed  to  serve  process,  Act  837,  §  105. 

EL  MONTE. 

Lexington,  name  of  changed  to  El  Monte,  Act  1926. 

EL  MONTE  TOWNSHIP. 

In  Los  Angeles  County,  protection  of  from  overflow.  Act  1998. 

EMBALMING. 

Rules  governing,  act  2830,  §§  18,  19. 

EMIGRANT  GAP. 

State  highway  from  to  Donner  Lake,  Act  1457a. 

EMIGRATION, 

Promotion  of   emigration  from   state,  Act  1031. 

EMINENT  DOMAIN. 

Cities  authorized  to  acquire  public  parks  by  condemniitioTi,   Act  2884. 

Cities  authorized  to  acquire  water,  water  rights,  reservoir  sites,  etc.,  by,  Act  2337. 

EMPLOYMENT.     See  Master  and  Sexvaut. 


EMPLOYMENT  AGENTS. 

Duties  and  liabilities,  Act  1036. 
License  of,  Act  1037. 
Regulation  of,  Act  1037. 

ENCAMPMENTS. 

National  guard,  of,  to  be  at  camps  of  instruction.  Act  2427. 

ENDOWMENTS.      See  Trusts  and  Tnistees. 

Endowment  insurance  companies,  formation,  regulation,  powers  and  duties  of,  Act 
1664. 

ENGINEER.     See  State  Engineering. 

Cities  of  second  class,  appointment  and  duties  of,  Act  2348,  §  377. 

ENGINEER,  STATE.      See  State  Engineer. 

ENTRY. 

Forcible  entry  and  unlawful  detainer,  act  concerning.  Act   1208. 

EQUITY. 

Commissioners  in.      See  Commissioners  in  Equity. 

ESCAPE. 

Arrest,   trial,   recommitment  and  punishment  of  convicts  who   have  escaped,   Act 

1041. 
Costs  of  trial  of  escaped  convicts,  Acts  736,  783,  3859. 
Sheriff,  liability  of  for  permitting.  Act  837,  §§  95,   97. 

ESCHEATS. 

Act  concerning.  Acts  124,  1046. 

Aliens  to  claim  inheritance  within  five  years.  Act  124. 
Sale  of  escheated  estates,  Act  1047. 

ESTABLISHMENT  OF  TITLES. 

Action  how  commenced.  Act   1048,  §  2. 

Actions,  index,  of  to  be  kept,  Act  1048,  §  13. 

Actions,  register  of  to  be  kept,  Act   1048,  §  13. 

Action  to  be  brought  before  what  time.  Act   1048,  §  18. 

Action,  where  brought,  Act   1048,  §  1. 

Adverse  claimants,  names  and  addresses  to  be  set  forth  when  known.  Act   1048,  §  5. 

Adverse  interests,  to  be  set  forth  in  affidavit.  Act  1048,  §  5. 

Affidavit,  by  whom  to  be  made,  Act  1048,  §  5. 

Affidavit  of  plaintiff.  Act   1048,  §  5. 

Affidavit,  to  contain  what,  Act  1048,  §  5. 

Affidavit,  when  filed.  Act   1048,  §  5. 

Answer,  to  be  verified,  Act   1048,  §  8. 

Answer,  to  contain  what.  Act   1048,  §  8. 

Appeals,  rules  for.  Act  1048,  §    12. 

Appearance,  when  to  be  made,  Aot   1048,  §  8. 

Appearance,  who  may  make,  Act   1048,  §  8. 

By  action  in  rem,  when  authorized,   Act   1048,  §  1. 

Character  of  estate  to  be  set  forth  in  affidavit,  Act  1048.  i  5. 

Clerk,  duties  of.  Act  1048,  §  13. 

Oomplaimt  to  be  verified.  Act  1048,  §2. 

Oomplaiat  to  contain  what,  Aot  1048,  f  2. 


1582  INDEX, 

ESTABLISHMENT   OF  TITLES.      (Continued.) 
County  includes  city  and  county,  Act   1048,  §  16. 
Default,  no  judgment  by,  Act   1048,  §  9. 
Defendants  in  action  for,  Act   1048,  §§1,  2,  15. 
Depositions,   taking  of.   Act  1048,  §  12. 
Evidence,  rules  of,  Act   1048,  §  12. 

Ignorance  of  required  facts,  grounds  of,  to  be  stated.  Act  1048,  §  5, 
Index  of  actions  to  be  kept.  Act   1048,  §  13. 
Judgment,  effect  of,  Act   1048,  §  11. 
Judgment,  recordation  of,  Act   1048,  §  11. 
Judgment-roll  may  be  recorded,   Act   1048,  §  11. 
Judgment,  to  ascertain  and  determine  what.  Act   1048,  §  11, 
Jurisdiction,  extent  of.  Act  1048,  §  7. 
Jurisdiction,  when  obtained,  Act  1048,  §  7. 

Limitation  upon  time  in  which  to  bring  action.  Act  1048,  §  13. 
Lis  pendens,  contents  of,  Act   1048,  §  9. 
Lis  pendens,  filing  of,  Act   1048,  §  9. 
Lis  pendens,  recordation  of.   Act   1048,  §  9. 
Mailing  of  summons  and  complaint.  Act   1048,  §  6. 
Map  to  be  kept  by  recorder,  Act  1048,  §  9. 
New  trials,  rules  for.  Act  1048,  §  12. 
Notices  of  ownership,  filing  of.  Act  437. 
Plaintiff  in  action  for.  Act  1048,  §§1,  2,  15. 
Plat  to  be  kept  by  recorder.  Act  1048,  §  9. 
Pleading,  rules  of,  Act  1048,   §  12. 
Practice,  rules  of.  Act  1048,  §  12. 
Publication   of  summons.  Act  1048,  §  4. 
Recorder,  duties  of,  Act  1048,  §§  9,  11. 
Recording  of  lis  pendens.  Act  1048,  §  9. 
Register  of  actions  to  be  kept,  Act  1048,  §  13. 
Remedy  cumulative.   Act  1048,  §  17. 
Second  action,   cannot  be  tried   when,   Act  1048,  §14. 
Second  action,  parties  to  first  action  to  be  served,  Act  1048,  §  14. 
Service  of  summons,  by  publication.  Act  1048,  §  4. 
Service  of  summons,   personal,   Act  1048,  §  6. 
Source  of  title,  to  be  set  forth  in  affidavit.  Act  1048,  §  5. 
Summons,  form  and  contents  of.  Act  1048,  §§3,  4. 
Summons,  how   and   when   published.    Act  1048,  §  4. 
Summons,  issuance  of.   Act  1048,  §  3. 
Summons,  mailing  of.   Act  1048,  §  6. 
Summons,  order  for  publisher  of.  Act  1048,  §  4. 
Summons,  personal  service  of.  Act  1048,  §  6. 
Summons,  publication  of.  Act  1048,  §  4. 
Time  in  which  to  bring  action.  Act  1048,  §  18. 
Who  may  maintain  or  defend  action,  Act  1048,  §§1,  2,  15. 

ESTATES  OF  DECEDENTS.      See   Public   Administrators. 

Bond,  reduction  of  on  deposit  of  funds  with  corporation,  Act  1055, 
Claims  paid,  without  legal  formalities,  allowance  of.  Act   1053. 
Collection  of  savings  bank  deposit  by  next  of  kin  of  deceased,  Act  1052. 
Deposit  of  funds  with  corporation  and  reduction  of  bonds,  Act  1055. 
Descents  and  distribution,  law  governing.  Act  927. 

Investment  of  moneys  of  in   state   treasury   in   state,   city  or  county  bonds,  Act 
1056, 

or  mining  interests,  summary  sale  of,  Act  1054. 


INDEX.  1683 

ESTATES  OF  DECEDENTS.      (Continued.) 
Ratification   of  void  probate  sales,  Act  2785. 
Kegulating    settlement   of,    Act   1053. 
Ta.^,  on  collateral  inheritances,  Act  4040. 
Tax  on  iulieritances,  Act  4035. 
Validation  of  sales  by  public  administrators  before  obtaining  letters,  Act  2809. 

ESTRAYS.      See  Animals. 

Particular  counties  or  towns,  in.     See  particular  title. 

ETNA. 

Incorporation  of,  Act  1078. 

Name  of  Rough  and  Ready,  Siskiyou  County,  changed  to  Etna,  Act  3033. 

EUREKA. 

Charter  of,  Act   1083. 

Clark's  addition  to,  survey  of  legalized,  Act  1085. 

Common  council  of,   to  sit  as  board  of  equalization,  Act   1087. 

Incorporation  of.   Acts   1083,  1084. 

Police   court,   establishment  of  in,   Act   1088. 

Waterfront  ceded  to,   Act  1086. 

EVIDENCE.      See  Judicial  Notice. 

Copies   of  books,   records,   documents   or   maps  kept  by   officers  which  have   been 

destroyed  by  conflagration.  Act  442. 
Receipts  by  officers  of  cities  of  first  class  as  evidence.  Act  2348,  §  98. 
Return  of  sheriff  prima  facie  evidence  of  facts  recited,  Act  837,  §  91. 

EXAMINERS.      See  Board  of  Examiners. 

EXECUTIONS. 

Attorney   general   authorized  to  bid  in  property  under  execution  on  judgment  in 

favor  of  state.  Act  265. 
Exemption  of  property  of  building  and  loan  associations.   Act  429. 
Expenses  for  property  seized  on  attachment  or  execution  and  how  paid.  Act  837, 

§  215. 
Justice's  court  of  Alameda  County,  executions  from.   Act  105. 
Neglect  or  refusal  of  sheriff  to  levy,   liability.   Act   837,  §  93. 

Sale   incomplete   at  expiration  of  term  of   sheriff,   how  completed,   Act  837,  §  103. 
Sheriff,   duties   and  liabilities  regarding.   Act  837,  §  89  et  seq. 

EXECUTIVE  SECRETARY. 

Of  United  States,  assault  upon,  punishment  of,  Act  693. 

Of  United  States,  conspiracy    to    commit    any    crime    against,    punishment    of,    Act 
693. 

EXECUTORS  AND  ADMINISTRATORS.      See  Estates  of  Decedents. 
Bond,  cost   of   chargeable   against   estate.    Act  368. 
Bond,  deposit  of  money  or  assets  with  corporation  and  reduction  of  bonds,  Acts 

770,  1055. 
Bond,  reduction  of  on  deposit  of  funds  with  corporation.  Acts  770,  1055. 
Corporation  acting  as,  rights  and  duties  of.  Act   1055. 
Corporations  authorized  to  act  as.  Acts   770,  1055. 
Deposit  of  moneys  or  assets  with  corporation  and  reduction  of  bonds.  Acts  770, 

1055. 
Ratification  of  void  probate  sales,  Act  2785. 
Validation  of  sales  by  public  administrators  before  obtaining  letters,   Act  2809. 


1584  INDEX. 

EXEMPTION. 

Building  and  loan  associations,  exemption  of  property  of,  Act  429. 
Poll  tax,  exemption  of  firemen  from  in  certain  counties.  Act  4063. 

EXHIBITIONS. 

Cities  and  counties  acquire  lands  for  exhibition  of  products,  Act  2387. 

EX  OFFICIO   OFFICERS. 

Signatures  of.  Act  2550. 

EXPENDITURE   OF  MONEY. 

By  cities  of  sixth  class,  power  as  to.  Act  2348,  §  862,  subd.  18. 

EXPERT. 

Controller,  to,  compensation  of,  Act  731. 
Controller,  to,  creation  of  office  of.  Act  731. 

EXPLOSIVES. 

Malicious  deposit,  punishment  of.  Act  1093,  §  8. 
Police  officer  may  sue  for  forfeiture.  Act  1093,  §  10. 
Reckless  or  unlawful  possession  of.  Act  1093,  §§  5-7. 
Records  of  sales  of.  Act  1093,  §§  1-4. 
Transportation  of  high  explosive.  Act  1093,  §  9. 

EXPOSITIONS. 

Special  tax  to  exhibit  county  products  at  expositions  authorized,  Acts  3963,  4041. 

State  exposition  building  at  Los  Angeles,  erection  of,  Act  1990. 

Tax  to  display  products  at,  supervisors  authorized  to  levy,  Acts  3963,  4041. 

EXPRESS  TRUSTS. 

Execution  of,  on  death  of  last  survivor,  Act  4161. 

EXTENSION   OF  TIME. 

Effect  of,  Act  1094. 

For  acts  to  be  performed  in  June,  1906,  Act  1094. 

For  acts  to  be  performed  in  June,  1906,  no  application  to  criminal  acts,  Act  1094. 

For  acts  to  be  performed  in  June,  1906,  until  what  time  extended.  Act  1094. 

EYES.  '  See  Optometry, 

P 

FACTORIES.      See  Manufacturers. 

Sanitary   condition  of  workshops  and  factories,  provisions  for,  Acts  1098,  2138,  2841. 

FAIRS. 

Tax  to  exhibit  county  products  at  expositions  authorized.  Acts  3963,  4041. 

FALSE   BAY. 

San  Diego  County.   See  San  Diego  County. 

FARES. 

Rates  of  on  street  railroads  in  cities  over  100,000,  Act  2929. 

FARMERS'  INSTITUTES. 

Holding  of  by  regents  of  university  of  California,  Act  4252. 

FEATHER  RIVER. 

Bridge  across  declared  a  free  bridge,  Act  1103. 

Bridge  across,  supervisors  of  Sutter  County  authorized  to  construct.  Act  4005. 


INDEX.  1585 

FEATHER  RIVEE.      (Continued.)" 
Navigability  of,  Act  4358. 
Rectifying  channel   and  ininroving  navigability  of  by  department  of   engineering, 

Acts   3814,  3315,  3816,  3817. 
Survey  of  outlet  of.  Act   1104. 

rEDERAL  GOVERNMENT.      See  TTnited  States. 

FEDERAL   OFFICERS. 

Assaults  upon  certain,  punishment  of,  Act  693. 

Conspiracy  to  commit  ofCeuse  agaiust  certain,  punishment  of,  Act  693. 

FEDERAL  PRISONERS. 

Confinement  of,  Act   2768. 

FEEBLE-MINDED  CHILDREN. 

Act  providing  for  improvements  of  and  repairs  to  home  for.  Act  lllS. 

Asexualization  of  inmates  of  home  for.  Act  247. 

California  home  for  the  care  and  training  of,   establishment  and  maintenance  of. 

Act   1108. 
Government  and  management  of  home  for.  Act  1109. 

Idiots,  epileptics  and  mentally  enfeebled  paralytics  to  be  admitted  to.  Act  1113. 
Permanent   site   for  home   for.   Act   1110. 
Repeal  of  acts  relating  to  home  for.  Act  1113. 
Right  of  way  through   lauds  of  home  granted  to   supervisors  of   Sonoma   County, 

Act  1112. 
Sale  of  site  and  buildings  of  home  for  in  Santa  Clara  County,  Act  1111. 
Supervisors    of    Sonoma    County    granted    right    to    change    location    of    highway 

through  lands  of  home.  Act  1112. 
Support  of  inmates  of  home  for,  provision  for,   Act  1113. 
To  authorize  and  empower  trustees  of  home  for,  to  transfer  and  quitclaim  certain 

realty  to  trustees  of  Santa  Clara,  Act   1114. 

FEE  13. 

Account  for  to  be   given.   Act  837,  §  223. 

Act  establishing  and  regulating,   Act   1123. 

Apportioning  between  district  attorneys  and  their  successors.  Act  944. 

Architect's  certificate,  fees  to  be  paid  by  applicant  for,  Act  224,  §  3. 

Architect,  for   recording   certificate    of.    Act   224,  §  4. 

Architect,  nonresident,   fee   for   temporary  certificate,   Act  224,  §  4. 

Attorney's  fees  and  other  charges  in  foreclosure,   abolition  of.   Act  2330. 

Attorney's  fees  in  foreclosure  suits  to  be  fixed  by  court.  Act   1213. 

Board  of  accountancy,  fees  that  may  be  charged  by,  Act  11,  §  2,  subds.  4,  5. 

Cities  of  second  class,  fees  to  be  paid  into  treasury.  Act  2348,  §  303. 

City  officers,  fees  of  certain,  in  criminal  action  not  a  county  charge.  Act  1125. 

Claims  <  r  demands  agaiust  counties,  no  fees  for  swearing  to,  Act  837,  §  227  and 

Act  1122. 
Constable,  fees  of,  Act  837,  §  153. 

Constables,  of,   in  criminal  cases  a  county  charge.   Act  837,  §  228,  subd.  10. 
Coroners,   of.   Act  754. 

Coroner  in  cities  of  first  class,  receive  no  fees.  Act  2348,  §  135. 
Costs.      See  Costs. 

County  clerk  as  witness   outside  of  city,  fees  and  expenses,   Act  2348,  §  120. 
County,  township  and  other  officers,  fees  of,  Act   1123. 
Dentistry,  examination  for.  Act  922,  §  11. 
Dentistry,  fees  for  applicants  to  practice,  Act  922,  §  14. 
Elisors,   Acts   754,  1020. 
Gen.  Laws — 100 


1586  INDEX. 

FEES.      (Continued.) 

Failure  of  officer  to  perform  duty  where  fees  tendered,  liability,  Act  837,  §  222. 

Fee-book,  delivery  to  successor,  Act   837,  §  217. 

Fee-book,  officers   to   keep,   Act   837,  §  217. 

Fee-book,  open   to  inspection,   Act   837,  §  217. 

Foreign  corporations,  fees  required  of.  Act   776. 

Habeas  corpus,  no  fees  to  be  charged,  Act   837,  §  227. 

Illegal,  supervisors   to   remove   officers   collecting,   Act   837,  §  225. 

Jurors,  a  county  charge.  Act   837,  §  228,  subd.  4. 

Jurors,  of.  Acts     1119,  1123. 

Jurors,  payment   of   fees    of   jurors   who   have    served   as    such,    under   the    act    of 

1895,  Acts   1124,  1752. 
Jurors,  in  counties  of  seventh   class.  Act   837,  §  164,  subd.  16. 
Jurors,  in  counties  of  twenty-eighth  class.  Act   837,  §  185,  subd.  16. 
Jurors,  in  counties  of  thirty-fourth  class.   Act   837,  §  191,  subd.  18. 
Jurors  in  counties  of  forty-ninth    class,    Act   837,  §  210,  subd.  16. 
Jurors  serving  since   1895  and  not  paid,  payment  of  fees,   Act   1124. 
I^aw  libraries  in  cities  of  first  class,  fee  for.  Act  2348,  §  127, 
Manner  of  paying  in  cities  and  cities  and  counties  over  100,000,   Act   1121. 
Naturalization,  no  fees  to  be  charged.  Act  837,  §  227. 
Notices,  fees  for  publication  to  be  paid  in  advance.  Act  837,  §  57. 
Oath  of  office,  no  fee  for  administering  or  certifying,  Act  837;  §  227. 
Officers,  of.   Act   1119. 
Particular  counties.      See  particular  title. 
Particular  officers.      See   particular   title. 
Payment  into  county  treasury.  Act   837,  §  216. 
Pension  claimants,   county  clerk  to   take  affidavits  of  without  fee,   Acts  829,  837, 

§  227;   Act   2641. 
Pension  matters,  no  fees  in.  Act,  837,  §  227,  Acts  1122,  2641. 
Poster  of  fees  of  justices  and  constables,  Act   837,  §  224. 
Prepayment  necessary  except  in  certain  cases.  Act  837,  §§57,221. 
Prepayment  not  necessary  in  habeas  corpus.   Act   837,  §§  57,  221. 
Prepayment  of  fees  not  necessary  in  naturalization.  Act  837,  §  221, 
Quarantine  officers,   cities  of  first  class.  Act  2348,  §  180. 
Receipt  for  to  be  given.  Act  837,  §  223. 
Removal  of  criminal  action,  on,  Act  837,  §§  229,  230. 
Salary  fund,  payment  of  fees  into.   Act  837,  §  219. 
San  Francisco,  fees  of  jurors  and  witnesses  in,  Act  3217. 
San  Francisco,  regulation  of,  repeal  of  act  relating  to.  Act   3346. 
Statement  of  and   affidavit.    Act  837,  §  218. 

Statement  of  fees  to  precede  warrant  for  salary.  Act  837,  §  221. 
Subpoenas,  for  service  of.  Acts   782,  1120. 
Summons,   for  service  of,  Acts   782,  1120. 
Taxes,  for  assessment,  etc.,  of,  abolished,  Acts  4048,  4049. 

Taxes,  collection  of,  payment  by  state  to  county  or  city  for,  prohibited,  Act  4050. 
Treasury,  when  to  be  paid  into.  Act   837,  §  218. 
Witnesses,  a   county  charge.   Act   837,  §  228,  subd.  4. 
Witnesses,  in  counties  of  thirty-fourth  class,  Act  837,  §  191,  subd.  19. 
Witnesses,  in  counties  of  thirty-eighth  class.  Act  837,  §  195,  subd.  16. 
Witnesses,  of.  Act   1123. 
Witnesses,  subpoenas,  costs  of  serving.  Acts  782,  1120. 

FELONIES. 

Assault  upon  certain  state  and  federal  officials.  Act  693. 

Conspiracy   to   commit   any   crime   against   certain  federal   and   state   officials.   Act 
693. 


INDEX.  1587 

FELONIES.      (Continued.) 

Explosive,  malicious   deposit,   Act   1093,  §  8. 

Explosive,  reckless   or  unlawful   possession  of,   Act   1093,  §§  5,  7. 
Officers  being  interested  in   contracts  or  examininer  hids,   Act   2348,  5  27. 
Retaining  part  of  wages  of  laborers  on  public  works,  Act  2549. 
Retaining  portion  of  salary  of  subordinate  officers.  Act  2549. 

FELTON. 

Incorporation  of,  Act  1129. 

FENCES. 

Division,  construction  of.  Act  1138. 

Division,  height   of,   in  cities,   Act    1139. 

Division,    in    particular   counties.      See   particular   title. 

Lawful  fences,  acts   concerning.   Acts   1134-1137. 

Leaving  open  of  inclosures,  prevention  of,  Acts   1140,  1141,  4144. 

Particular  county,  in.      See  particular  title. 

Partition,   height  of  in  cities.   Act   1139. 

Passing    through    inclosures    and    leaving    them    open,    prevention    of,    Acts   1140, 

1141,  1593,  4144. 
Tearing  down  fences,  prevention  of.  Act   1593. 
Tearing  down  to  make  passage   through,  prevention   of.   Acts   1140,  4144. 

FERRIES. 

Across    navigable     streams    between    counties,     establishment,     maintenance     and 

expense,  Act   1147. 
District    attorney   to   proceed   against   persons   neglecting   to   pay   ferry   or   bridge 

license,  Act   1938. 
Establishment  of  in  Stanislaus  County  on  San  Joaquin  River,  Act   3761. 
Public,  act  concerning,  Act  1146. 

Supervisors  authorized  to  maintain  free  ferry.  Act   1148. 
Supervisors  not  liable  for  damages  incurred  on.  Act   1148. 

FERRY  DEPOT. 

Bonds,    issuance   and   sale   of   for   construction    of   in    San    Francisco,    Acts  1152, 
1426. 

FERTILIZERS. 

Sale  of  fertilizers  and  manurial  materials,  regulation  of,  Act  1157. 
University    of    California,    powers    and    duties    in    regard    to    sale    of,    Act  1157, 
§§  3-11. 

FIDDLETOWN. 

Hogs  and  goats  prevented  from  running  at  large  in.  Act  1162. 
Name  changed  to  Oleta,  Act  1163. 

FINDERS. 

Lost  property.  Act  2028. 

FINES. 

Act  imposing  on  immigrants  unable  to  become  citizens.  Act   1588. 

FIRE.      See  Burnt  or  Destroyed  Records  or  Documents. 

Destruction   of  property  of   contiguous   owner  by,    prevention   of,   Act   1169. 
Forest  fires  on  public  land,  prevention  of  destruction  by,  Act  1168. 
Forest  lands,  public  and  private,  regulation  of  fires  in,  Act  1216. 
Fresno  City,  protection  of  against,  Act  1251. 


1588  INDEX. 

FIRE.      (Continued.) 

Leaving  of,  punishment  of,  Act  1593. 

Merced  City,  protection  of  against,  Act  1251. 

Spark-catchers,   use   of  on   steamers  on   Sacramento   and   San  Joaquin  rivers,   Act 

3888. 
Starting  in  hay.  grain,   stubble,  or  grass,   a  misdemeanor,  Act  1169. 

riRE-ALARM  AND   POLICE  TELEGRAPH. 

In  cities  of  first  class,    Act  2348,  §§  162,  163,  164. 

FIRE  DEPARTMENT.      See  Fire  Districts. 

Cities  of  first  class,  allowances    to    disabled   members,    Act  2348,  §  152. 
Cities  of  first  class,  appropriation    for    purchase    of    horses,    supplies,    repairs,    cis- 
terns,   etc.,    Act   2348,  §  151. 
Cities  of  first  class,  assistant  foreman,  appointment  and  salary,  Act  2348,  §  154. 
Cities  of  first  class,  chief   engineer.   Act  2348,  §§  142,  143,  146,  148,  154. 
Cities  of  first  class,  clerk,   appointment   and  salary,    Act  2348,  §  154. 
Cities  of  first  class,  clerk   of   board,   bond   and   duties   of,   Act  2348,  §  149. 
Cities  of  first  class,  consists  of  what.  Act  2348,  §  147. 
Cities  of  first  class,  contracts  for   cisterns,   hydrants,   buildings,   supplies,   etc.,   Act 

2348,  §  142. 
Cities  of  first  class,  eligibility  of  members,  Act  2348,  §  155. 
Cities  of  first  class,  employees  of,   salaries  of,   Act  2348,  §  161. 
Cities  of  first  class,  fire-alarm   and  police   telegraph   in,    Act  2348,  §§  162-164. 
Cities  of  firsi  class,  fire    commissioners,    investigations,    how    conducted.    Act  2348, 

§  156. 
Cities  of  first  class,  fire  commissioners,   meetings,   Act  2348,  §  155. 
Cities  of  first  class,  fire    commissioners,    number,    appointment,     qualifications    and 

terms  of  office,   Act  2348,  §  141. 
Cities  of  first  class,  fire   commissioners,   organization   of.   Act  2348,  §  155. 
Cities  of  first  class,  fire   commissioners,  restrictions  upon,   Act  2348,  §  142. 
Cities  of  first  class,  fire  commissioners,   rooms  for.   Act  2348,  §  142. 
Cities  of  first  class,  fire  department    in,    provisions     relating     to.     Acts   1180,1181, 

1182,2348,  §§  142-161. 
Cities  of  first  class,  firemen's   charitable   fund,    what   moneys   paid   into,    Act  2348, 

§  153. 
Cities  of  first  class,  increasing  efficiency  of.   Act  1182. 
Cities  of  first  class,  members  and  employees  of.   Act  2348,  §§  144,  145. 
Cities  of  first  class,  members   and   employees   of,   salaries   of,   Act  2348,  §  161. 
Cities  of  first  class,  members,  how  dismissed.  Act  2348,  §  157. 
Cities  of  first  class,  officers   of.   Act   2348,  §§  142,  143,  145,  146,  148. 
Cities  of  first  class,  officers  of,  salaries  of.  Acts,  1180,  1181,  2348,  §  160. 
Cities  of  first  class,  paid  members  to  give  entire  time  to  duties,  Act  2348,  §  145. 
Cities  of  first  class,  powers    and    duties    of.  Act  2348,  §  142. 
Cities  of  first  class,  property   of   department,    how   sold,    Act   2348,  §  150. 
Cities  of  first  class,  restrictions  on  members.   Act  2348,  §  159. 
Cities  of  first  class,  workshop  at  corporation  yard.  Act  2348,  §  158. 
Cities  of  second  class,  removal  of  members  of.   Act   2348,  §  353. 
Cities  of  fifth  class,  fire   department   in,   Act   2348,  §  813. 
Fire-alarm  and  police  telegraph.  Act  2348,  §§  162-164. 
Firemen,  exempt  firemen's  relief  fund,   Act   117C. 
Firemen,  exempt  firemen,    enrollment   into   companies.   Act   1176. 
Firemen  to  be  granted  yearly  vacations.  Act  1179. 
Firemen's  relief  fund,  foreign  firs  insurance  companies  to  pay  certain  premiums 

for,  Acts  1177,  1668. 


INDEX.  1589 

riRE  DEPARTMENT.      (Continued.) 

Insurance,    firemen's   relief,    health    and   insurance   fund,    creation    of,    Acts  1173, 

1175. 
Members  to  be  granted  yearly  vacations,  Act  1179. 
Pensions  for  firemen,   supervisors  authorized  to  provide.   Act   1178. 
Pension  fund,   creation  of,  Acts   1173-1175. 

Poll  tax,  firemen,  exemption  from  iu  certain  counties.  Act  4061. 
Relief,  health  and  insurance  fuud.   Acts  1173,  1175. 
San  Francisco,  in.  Act  3221. 

San  Francisco,  salaries  of  firemen  in,  Acts  1180,  1181. 
Unincorporated  cities  and  towns  authorized  to  maintain,  Act   1174. 

FIRE  DISTRICTS. 

Disincorporation  and  discontinuance  of  where  included  iu  city,  Act  1184. 
Disincorporation  of,  disposal  of  property  on,  Act  1184. 

FIRE  INSURANCE.      See  Insurance. 

Mutual  fire  insurance  companies,   organization  and  management  of,  Act  1672. 

FIRE  MARSHAL. 

In  cities  of  first  class,   appointment,  powers,  duties  and  salaries.   Act  2348,  §  64, 
subd.  29. 

FIREMEN.      See   Fire  Department. 

FIRE  PATROL. 

Establishment  of  by  underwriters,   Act  1188. 

FISCAL  YEAR. 

Changing  in  cities  operating  under  charters,   Act  1193. 

FISH.      See  Game. 

Alameda  County,  destruction  of  fish  in  prevented.  Act   1323. 
Aliens  prohibited  from  fishing  in  waters  of  this  state,  Acts  125,  1320. 
American  River,   removal  of  obstructions   in,   Act   1303. 
Bolinas  Bay,  destruction  of  fish  in  prevented.  Act   1324. 
Butte  Creek,  protection  of  fish  in,  Act   1325. 
Catfish  not  to  be  caught  except  by  hook  and  line,  Act   1321. 
Chinese  prohibited  from  fishing.  Act   125. 

Commissioners  authorized  to  build  and  maintain  a  salmon  hatchery.   Act  1309. 
Commissioners  authorized  to  construct  fish  repository  on  Stanislaus  River  in  Tuol- 
umne County,  Act  1299a. 
Commissioners  authorized  to  construct  hatchery.  Act  1309. 
Commissioners  authorized  to  dispose  of  hatchery  on  Battle  Creek,  Act   1310. 
Commissioners  authorized  to  dispose  of  steam  launch  and  replace  it,  Act  1307. 
Commissioners  authorized  to  import  game  birds.   Act   1308. 
Commissioners  authorized  to  provide  launch.   Acts   1305,1306. 
Commissioners  authorized  to  purchase  land  at   Sissons,  Acts   1301,  1302. 
Commissioners  authorized  to  remove  obstructions  in  American  River,   Act    1303. 
Costs  of  trials  of  persons  violating  laws  paid  by  state.  Act   1335. 
Crabs,  preserves  for  within  Eel  River  and  Humboldt  and  Trinidad  Bay,   creation 

and   regulation   of.   Act   1340. 
Eel  River,  salmon  fisheries  in,  protection  of,  Act   1326. 

False  Bay,  fishing  in  by  weirs,  dams,  nets,  traps  or  seines,  prevention  of.  Act  1337. 
Fishing,  regulation  of  vocation  of.  Act  1319. 
Fishing,  revenue  for  protection  and  preservation  of  fish.  Act  1319. 


1590  INDEX. 

FISH.      (Continued.) 

Fishways  in  streams  frequented  Tjy  migratory  fish,  Act  1322. 

Fishways  in  streams  frequented  by  salmon,  shad,  etc..  Act   1322. 

Funds,    fish   and   game   preservation    fund,    creation   of   from   fish    commission    fund 

and   game   preservation    fund.    Act    1340b. 
Hatcheries,   establishment  and  maintenance  of  by  supervisors,   Act   1336. 
Hatchery,  commissioners   authorized  to   construct.   Act   1309. 
Hatchery  on  Battle  Creek,  commissioners  authorized  to  construct,  Act  1310. 
Hatchery,  purchase  of  land  for  at  Sissons,   Acts   1301,  1302. 
Hatchery   at    Sissons,    improvements    and   repairs.    Act   1302, 
Kings  River,  destruction  of  fish  in  prevented.  Act  1328. 
Lake  Bigler,   protection  of  fish  in,  Act   1327. 
Lake  Merritt,   destruction  of   fish  in  prevented,  Act    1317. 
License  for  fishing,   Act   1298. 
Mendocino  County,  prevention  of  fishing  in  by  weirs,  dams,  nets,  traps  or  seines, 

Act   1339. 
Napa  County,  protection  of  fish  and  game  in,  Act  1318. 
Napa  River,   prevention   of  destruction   of   fish   in,   Act   1329. 
Pitt  River,  obstructions  in,  removal  of,  Act    1304. 
Plumas  County,  protection   of  fish  in.   Acts   1331,  1332. 
Railway  car  for  distributing  live   fish  and  stocking  waters  with  fish,   acquisition, 

equipment  and  use  of.  Act   1299. 
Salmon   fisheries   in   Eel  River,   protection    of,   Act   1326. 
San  Antonio   Creek,  preventing  catching  of  fish  in  by  seines,   weirs  or  nets.   Act 

1330. 
San   Diego   Bay,   prevention   of   fishing   in  by  weirs,    dams,   nets,   traps   or   seines, 

Act  1338. 
Shell-fish   and   invertebrate   animals,    creation   of   preserve    for    in   Monterey   Bay, 

Act   1340d. 
Sierra  County,  protection  of  fish  in.  Acts   1331,  1332, 
Siskiyou  County,  preservation  of  fish  in.  Act   1333. 
Sonoma  Creek,  prevention  of  destruction  of  fish  in.  Act  1329. 
Supervisors,  powers  of,  Act  837,  §  25,  subd.  28. 
Warden,  fish  and  game,  creation  of  office  of,  Act  1300. 
Warden,  fish  and  game,  powers,   duties  and  salary,   Act  1300. 

FISHERMEN. 

Harbor  commissioners  to  set  apart  portion  of  water  front  of  San  Francisco,   Act 
3230. 

FLAG.      See  United  States  Flag,  Act  4225. 
Desecration  of  flag  prohibited,  Act  1198. 

FLOWER. 

State,  golden  poppy   (Eschscholtzia)    selected  as,  Act  3819. 

FLUMES. 

Co-owners  of,  mutual  rights  and  liabilities  of,  Act  950. 

FOLSOM. 

Goats  prevented  from  running  at  large  in.   Act  1203. 
Sacramento  city  to,  construction  of  state  highway  from,  Act  1457. 
State  prison  at.      See  State  Prisons. 

FOODS. 

Adulteration  of.     See  Adulteration. 
Analyzing,   Act  3799. 


INDEX.  1591 

FOODS.      (Continued.) 

Manufacture,    sale    or    transportation    of,    adulterated,    mislabeled    or    misbranded 

foods,  prevention  of.  Act   29. 
Sanitation  of.      See  Public  Health. 
State   laboratory   for,    Act   29. 

FORCIBLE  ENTRY. 

Forcible  entry   and  unlawful  detainer,   act   concerning,   Act  1208. 

FORECLOSURE. 

Attorney's  fees  and  other  charges,   abolition  of,  Acts   1213,2330. 
Suits  for,  attorney's  fees  to  be  fixed  by  court,  Act   1213,  2330. 

FOREIGN  CORPORATIONS. 

Anti-trust  law,   amenable  to  provisions   of,   Act  4166,  §  3. 

Antitrust  law,  violation  of,   duty  of  attorney  general.   Act  4166,  §  3. 

Anti-trust  law,  violation  of  revocation  of  license  by   secretary  of  state    Act  4166, 

§3. 
Authorized  to  do  business  on  equal  terms,   Act  2917. 
Certified  copy  of  articles  to  be  filed  with  secretary  of  state,  Act  776. 
To  designate  person  upon  whom  process  may  be  served,  Acts  774,  775. 

FOREIGNERS.      See    Aliens;    Naturalization. 

FOREIGN  FIRE  INSURANCE   COMPANIES. 

Payment  of  certain  premiums  by  into  firemen's  relief  fund,  Acts   1177,  1668. 

FOREIGN   INSURANCE   COMPANIES. 

Fire,  to  pay  percentage  of  premiums  to  firemen's  relief  fund,  Act   1668. 

FOREST  RESERVATION. 

Consent   of   state   to.   Act  2883. 

Pinnacles  forest  reserve,  destruction  of  game  in,  prevention  of.  Act  1340a. 

San  Bernardino  forest   reserve,    cutting   fire    lanes    and    fire    trails    on.    Acts   1220, 

1221. 
San  Bernardino  forest   reserve,   reforestration   of.   Acts  1220,1221. 
State  authorized  to  release  to  United  States,   school  lands  in  Cleveland  National 

Forest,  Act  2876. 

FORESTRY.      See  Horticulture. 
Board  of,  creation  of,  Act  1218. 
Board  of,  expenses  of.  Acts  1218,1219. 
Board  of,  powers  of  enlarged.   Act   1219. 
Board  of,  repeal  of  act  creating,  Act   1218n. 
County  boards  of,  creation   of.   Act  1468. 
County  boards  of,  powers   and   duties   of.   Act  1468. 
County  forester,  appointment  and  duties  of.  Act  1468. 
County  forester,  duties  of.   Act   1468. 
Fund,   forestry,   creation  of.  Act   1216. 

Joint  investigation  with  federal   government  for  preserving.   Act  4352. 
Money  appropriated  for  forests,  state  board  of  examiners  to  control,  Act   1217. 
Moneys  received  from  United  States,  appropriated  for  acquisition  aud  protection 

of  forests.  Act   1217. 
Protection   and  management  of  forest   lauds,   Act  1216. 
Salary  of  assistant   forester,    Act   1222. 
Salary  of  deputy   forester.   Act   1222. 
Salary  of  state  forester,  Act  1222. 


1592  INDEX. 

FORESTRY.      (Continued.) 

State  board  of,  act  of  1905  relating  to,  Act  1216. 

State  board  of,  ci-eation  of,  Act   1216. 

State  board  of,  officers   of  and   duties   of.   Act   1216. 

Supervisors  of  county,  power  of  regarding,  Act   837,  5  SBVz- 

United  States  forest  reserve  fund,  creation  of,  Act  1215. 

United  States  forest  reserve  fund,  payment  out  of  treasuries  of  counties.  Act  1215. 

United  States  forest  reserve  fund,  regulation  of  expenditure  by  counties  of  moneys 

paid  to  from,  Act  1215. 
Violation  of  act  relating  to,  punishment  of,  Act  1216. 

FORESTS. 

Fires  on  public  and  private  forest  lands,  regulation  of.  Act  1216. 

Fires  on  public  land,  prevention  of  destruction  by,  Acts   1168,1216. 

Joint  investigation  with  federal  government  of  forest  preservation.  Act  4367. 

Supervisors  authorized  to  appropriate   money   for   reforestration,    Act   837,  §33'^. 

Supervisors  authorized  to  appropriate  money   to  preserve.    Act  837,  §33i/^. 

FORFEITURE. 

Life  insurance  policies,  forfeiture  of.  Act  1663. 

Payments    for   state    land,    forfeiture    of,    where    title    sought   to   bo   obtained   by 
fraud.  Act  3825. 

FORT   JONES. 

Incorporation  of.  Act   1225. 

FRANCHISES. 

Bicycles   and  horseless  vehicles,   franchises   for  paths   and  roads   for.   Acts  1234, 

1464. 
Bonds  to  secure  performance  of  conditions,  cancellation  of  and  filing  of  new  bonds, 

Act  1228. 
Bonds  to  secure  performance  of  conditions,  cancellation   of   and   release   of    sureties, 

Act   1228. 
Bonds  to  secure  performance  of  franchise,    new    given    on    surrender    of    old,    terms 

of  and  sureties  on.  Act  1228. 
Booms,  to  construct,  supervisors  authorized  to  grant,  Act  392. 
Conditions  governing  granting  of.   Act   1229. 
Gas  companies,   granting  of  franchises  to.  Act   1342. 
Granting  of  in  cities,  Acts  1230-1234. 

Limit  of  time  for  granting  in  cities  for  street  railroads.  Act  1233. 
Paths  and  roads  for  bicycles  and  horseless  vehicles,  for.  Acts   1234,  1464, 
Proceedings  where  majority  of  supervisors  interested  in.  Act  837,  §  46. 
Sale  of,  act  of  1905,  regulating,  Act   1229. 
Sale  of  in  cities,  acts  relating  to,  Acts   1229-1232. 
To  construct  railroads  beyond  city  limits  to  public  parks.  Act  2930. 
Toll  bridges,  for.     See  Toll  Bridges. 

FRAUD. 

Adulterated,  mislabeled  or  misbranded  goods,   sale  or  manufacture  of,  prevention 

of.  Acts  29,  30. 
Corporations,  frauds  by  officer  or  agent  of,  punishment  of.  Act   771. 
Dairy  products,   deception  in   sale   of.   Act   875. 
Forfeiture    of   payments    for    state    lands   where   title    sought    to   be    obtained   by, 

Act   3825. 
Fraudulent  conveyances  and  contracts,  act  concerning.  Act   1239. 
Fruit  trees,   fraud  in  sale  of,  prevention   of,   Act  1518. 
Fruit  trees,  fraud  in  sale  of,  punishment  of.  Act  1518. 


INDEX.  1593 

FRAUD.      (Continued.) 

Jlisrepresentations  of  conditions  of  employment  a  misdemeanor,  Act  2140. 

Paris  green,  fraud  in  sale  of,  prevention  of,  Act  2614. 

Paris  green,  regulation  of  sale   of,  Act   2614. 

Payments  on  state  lands  forfeited  to  state  in  case  of,  Act  3825. 

Sales,    false    representations   and   advertisements    as    to    articles    sold,   punishment 

for.   Act   3083. 
Stamping   and   labeling  produce   and  manufactured   goods,   fraud   in,   Act  2100. 

FRAUDULENT  CONVEYANCE. 

Act  concerning.  Act   1239. 

Married  women,  encumbrance   or  fraudulent  conveyance  of  realty  by,   prevention 
of.  Act  2110. 

FREEHOLDERS.      See  Board  of  Freeholders. 
Boards  of,   election  of.  Acts   367,  1014. 

FREE  LIBRARIES.      See  Public  Libraries. 

FRESNO   CITY. 

Animals  and  fowls,  certain  prevented  from  running  at  large  in.  Act  1253. 

Charter  of.   Act   1252. 

Fire, protection  of  against,  Act  1251. 

FRESNO   COUNTY. 

Animals,  trespassing  of,  on  private  property,  prevention  of,  Act  10S9. 

Auditor  and  recorder,   separation  of  offices  of,   Act   1259. 

Auditor,   salary  of.  Act   1259. 

Big  trees  in,  protection  of.  Act   338. 

Bonds  for  construction  of  certain  roads  and  bridges.  Act  1266. 

Bonds  of   tax  collectors  of.   Act   1269. 

Boundary  between  and  Kings  County,  location  of,  Acts  823,  824. 

Branding  of  calves  in,   Act   183. 

Bridges,  bonds  for  construction  of.  Act  1266. 

Classification  and  population   of.   Act   837,  §  10,  157. 

Classification  of  townships  in.  Act  837,  §  164,  subd.  13. 

County  seat,   locating,  Act  1258. 

Courthouse,  funds  for  improvement   of.   Act   1260. 

Fresno  and  Tulare  counties,  boundary  line  between,  Acts  811,  819. 

Funds,   transfer  of  authorized.   Act   1261. 

Gophers  in,   destruction  of.  Act    186. 

Hides  of  cattle,  keeping  of.  Act   183. 

Highways  in,   special  laws  repealed.  Act  1267. 

Hospital,  funds  for  improvement  of.  Act  1260. 

Kings    River    Switch    school    district,    portion    of    attached    to    Kingsbury    school 

district.   Act   3548. 
Mariposa  and  Fresno  counties,  boundary  line  between,  Act  815. 
Notaries,   additional  for.  Act  2500. 
Oflicers,    deputies   and   assistants   and   salaries,   fees   and   allowances   of.    Act  837, 

§  164 
Population    of.    Act  837,  §  10. 

Recorder  and  auditor,  separation  of  offices  of.  Act  1259. 
Recorder,  salary  of.  Act    1259. 

Records  of  slaughtered  animals,   keeping  in.  Act   183. 
Registered  population  of  townships,  Act   837,  §  164,  subd.  13. 
Roads,  bonds  for  construction   of  certain,   in.   Act   1266. 
Boads  in,  construction  and  maintenance  of,  Acts  1265,  1266. 


1594  INDEX. 

FEESNO   COUNTY.      (Continued.) 

Roads  in,  special  laws  repealed.  Act   1267. 

San  Benito   County,   transcription   of  matters  of  record  from  Fresno   and  Merced 

counties  to,  Act   3107. 
Sanitary  condition  of  towns  and  villages  promoted,  Act  1268. 
School  moneys  in,  distribution  of,  Act  3542. 
Squirrels  in,   destruction  of,   Acts   186,  187. 
Superior  judges,  number  of,  increased,  Acts   1263,1264. 
Superior  judges,  number  of  reduced,   Act   1262. 

Swamp  and  overflowed  lands  in,  determining  rights  in  certain,  Act  4023. 
Tax  collectors  of,  bonds  of,  Act   1269. 
Treasurer  of,   salary  of,  Act   1270. 

Water  commissioners,  creation  of  board  of,  Act   1271. 
Water  ditches  in.  Act   1272. 
Water  privileges  in,  Act   1272. 

FRUIT  AND  FRUIT  TREES.      See  Horticulture. 
Better  protection   of.   Act   73. 

Marking  or  branding  boxes,  barrels,  etc.,  containing,  Acts  2101,  2102. 
Marking  or  branding  boxes,  barrels,  etc.,  containing,    inspector    to    enforce    law    re- 
quiring,  etc.,   Acts  2101,  2102. 
Spreading  of  pests,   prevention  of.   Act  1649. 

FUNDS. 

Banks,  deposit  of  city  and  county  funds  in,  authorized.  Act  1285. 

Banks,  deposit  of  city  and  county  funds  in,  regulation  of,  Act   1285. 

Banks,  deposit  of  state  moneys  in  banks.  Acts   4133,  4134. 

Cities  of  tirst  class  authorized  to  pay  rent  and  salaries  out  of  general  fund.   Act 

3209. 
Cities  of  first  class,  different  funds  in.  Act  2348,  §§  90,91. 
Cities  of  second  class,   separate   funds  in,  Act   2348,  §  330. 
Cities  of  sixth  class,  general  fund,  what  moneys  paid  into,  Act  2348,  §  873. 
Counting  and   adjustment  of  by  board  of  examiners.   Act   362. 
Fish  and  game  preservation  fund,  creation  of,  Act   1340b. 

General  fund,  controller  and  treasurer  authorized  to  transfer  moneys  to,  Act  1281. 
General  fund,  exhaustion  of,  transfer  of  other  funds  to.  Act   1277. 
General  fund,  transfer  of  moneys  from  drainage  construction  funds  to,  authorized. 

Acts   1282,  1283. 
General  fund,  transfer  of  other  funds  to  by  governor  and  return  thereof.  Act  1278. 
General  fund,  transfer    to    of    unappropriated    moneys    for    Yosemite    Valley    and 

Mariposa  Big  Tree  Grove,  Act  1287. 
Investment  of  moneys  in  sinking  funds  of  cities,   counties  or  cities  and  counties 

in  bonds.    Act   1284. 
Loan  from  school  land  fund  to  state.  Act  1286. 

Payment    into    state   treasury   of   moneys   received   by   state    institutions,    commis- 
sioners  and  officers,   and  disposition  of  proceeds.   Act   1279. 
River  and  harbor   improvement   fund    in    cities   of   third    class.    Act   2348,  §  535. 
River  and  waterfront  improvement  fund  in  cities  of  tifth  class,  Act   2348,  §  776. 
Swamp  land  funds  in  state  treasury  paid  to  treasurer  of  counties.  Acts   1280,1920. 
Swamp  land  funds  paid    into    county    treasuries,    duties    of    auditor,    controller    and 

treasurers,   Act   1280,  1920. 
Swamp  land  fund,  supervisors  authorized  to  transfer  to  general  fund.  Act  3962. 
Swamp  lands,  from  sale  of.      See  Swamp  and  Overflowed  Lands. 
Transfer  from  drainage  construction  funds  to  general  fund  authorized.  Acts   1282, 

1283. 
Transfer  into   general   fund  of  moneys  held  for  redemption  of   coupons   of   civil 

bonds  of  1857,  Act  1289. 


INDEX.  1595 

FUNDS.      (Continnecl.) 

Trnnsfer  of  on  formation  of  new  county,   Act   793. 

Transfer  of  to  general  fund  by  controller  and   treasurer  authorized,   Act   1281. 
Transfer  of  to  general  fund  by  governor  and  return  thereof.  Act   1278. 
Transfer  to  general  fund  of  moneys  held  for  redemption  of  coupons  of  Central  Pa- 
cific Railroad  bonds  of  1864,  Act   1290. 
Transfer  of  to  general  fund  on  exhaustion  of  latter.  Act   1277. 

FURNITURE. 

Stuffed  with  second  hand  material  to  be  labeled,  Act  2062. 


GALINAS   SLOUGH. 

Declared  navigable,  Act  1288, 

GAME.     See  Fish. 

Blue  cranes,  capture  and  destruction  of  prevented.  Act  1316. 

Butte  County,  hunting  of  game  within  certain  private  grounds  in,  prohibited. 
Act   449. 

Deer,  destruction  of  on  Mount  Diablo,  Contra  Costa  County,  prevented.  Act  1313. 

Fish  and  game  warden,  creation  of  office   of,   Act   1300. 

Fish  and  game  warden,  powers,   duties  and  salary  of,  Act   1300. 

Funds,  fish  and  game  preservation  fund,  creation  of  from  fish  commission  fund 
and  game  preservation  fund,  Act  1340b. 

Game  birds,  importation  for  propagation.  Act  1303. 

Hunting  on  inclosed   land,  prevention   of,  Act   1141. 

Hunting  on  private  grounds  in  certain  counties,  prevention  of,  Act  1577. 

Inclosed  lands,  prevention  of  hunting  on.  Act   1593. 

Lake  Meri-itt,   destruction  of  in  prevented,   Act   1317. 

License  for  hunting  game  birds  and  animals,  Acts  1296,  1297. 

Mocking  birds,  act  to  prevent  destruction  of.  Act   1314. 

Napa  County,  protection  of  fish  and  game  in,  Act   1318. 

Nevada  County,  protecting  game  in.  Act  1311. 

Pinnacles  forest  reserve  and  Pinnacles  national  monument,  destruction  of  game  in, 
prevention  of.  Act   1340a. 

Seagulls  at  Santa  Monica,  protection  of.  Acts   1315,  3525. 

Supervisors,  powers  of.  Act  837,  §  25,  subd.  28. 

Transfer  to  state  of  right  to  preserve  game  on  patented  lands,  authorized.  Act  1340c. 

Transfer  to  state  of  right  to  preserve  game  on  patented  lands,  duties  of  commission- 
ers, Act   1340c. 

Transfer  to  state  of  right  to  preserve  game  on  patented  lands,  hunting  on  lands 
after,    a   misdemeanor.   Act  1340c. 

Warden,  fish  and  game,  creation  of  office  of.  Act  1300. 

Warden,  fish  and  game,  powers,  duties  and  salary.  Act   1300. 

Yolo  County,  restricting  hunting  of  game  in.  Act  1312. 

GAMINa. 

Lotteries.      See  Lotteries. 

State  Agricultural  Society,  gambling  prohibited  on  grounds  of,  Act  63. 

Suppression  and  prohibition  of.  Acts   1293—1295. 

GARBAGE  CREMATORIES. 

Regulation  of  operation  of,  Act  2828. 

GAS. 

Act  regulating,  to  what  cities,  applies,  Act  1344. 


1596  INDEX. 

GAS.      (Continued.) 

Cities  of  second  class,  capacity  of  pipes,  and  regulations  as  to  laying.  Act  2348, 

§  359. 
Franchises,  granting  of,  Act  1342. 
Gas  companies,  granting  of  franchises  to.  Act   1342. 
Gas  companies,  protection  of.  Act  1341. 

Hotel  or  lodging-house  keepers  not  to  turn  gas  off  at  meters.  Act  1343. 
Illuminating  gas,  use  of,  regulation  of.  Act  1343. 

Injury  to  gas-bearing  strata  by  penetration  of  water,  prevention  of.  Act  2557. 
Inspector,  appointment,  duties,  compensation,  etc..  Act  1344,  §§  2—4. 
Penalties  for  violation  of  statute,  how  disposed  of.  Act   1344,  §  7. 
Penalties  under  act  regulating  in  cities  over  100,000,  action  for,  by  whom  tried. 

Act   1344,  §§  6,  7. 
Price,   charging  higher  than  price   fixed  in  cities   over  100,000,  punishment,   Act 

1344,  §  5. 
Price  in  cities  over  100,000,  supervisors  fix.  Act   1344,  §  1. 
Price,  limit  on  in  cities  over  100,000,  Act  1344,  §  1. 
Quality,   furnishing  lower  than  standard  in  cities  over  100,000,  punishment,   Act 

1344,  §  5. 
Quality  of  in  cities  over  100,000,  Act   1344,  §  1. 
Quality  of  in  cities  over  100,000,  supervisors  fix.  Act  1344,  §  1. 
Quality,  standard  and  price  of  in  cities  over  100,000,  Act  3236. 

GENERAL  GRANT  PARK. 

Highway  from  to  Kings' River  canyon.  Act  1450. 

GEOLOGICAL  SURVEY. 

Continuation  of.  Act   1349. 
Distribution   of  reports   of.   Act  3821. 
Preservation  of  material  of.  Act  1350. 

GIFTS. 

Cities  authorized  to  acquire  water,  water  rights,  etc.,  by,  Act  2337, 

Cities  authorized  to  obtain  lands  for  cemeteries.  Act  2381. 
■  Cities  authorized  to  receive,  Acts  802,  1356. 

Cities,  counties,  and  cities  and  counties  authorized  to  receive  and  dispose  of.  Acts 
802,  1356. 

Cities,  counties  and  officers,  authorized  to  receive  and  manage.  Acts  802,  1356. 

Cities,  receipt  and  appropriation  of  donations  to.  Act  2338. 

Commissioners  of  parks  authorized  to  receive.  Act  2880. 

Counties  authorized  to  receive.  Act   1356. 

Donations  to   state,   counties  or  cities  and  counties,  receipt   of  and  appropriation 
of,    Acts   1355,  2338,  3872. 

Grant  to   state  by  Annie  E.  K.  Bidwell  for  park  of  land  in  Butte  County,   gov- 
ernor authorized  to  accept.  Act  2885. 

Public  institutions,  gifts  to,  encouragement  of.  Acts  4162,  4163. 

State,  to,  receipt  and  appropriation  of.  Acts   1355,  2338,  3782. 

Trustees  of  Preston  School  of  Industry  and  Whittier  State  School  authorized  to  re- 
ceive property  by  gift  or  bequest,  Act   4412. 

Trustees  of  Preston  School  of  Industry  and  Whittier  State  School    to    acquire    prop- 
erty by  gift,  bequest  or  devise.  Act  2757. 

GILROY. 

Incorporation   of.   Act  1357. 

GLENN  COUNTT. 

Boundary  between   and  Lake   County,   location   of.   Act  825 


INDEX.  1597 

GIENN  COUNTY.      (Continued.) 

Boundary,  western,  of,  location  of,   Act   826. 

Classification  and  population.  Act  837,  §§  10,  157. 

Creation  of  county  of.   Act   1362. 

Glenn  and  Colusa  counties,   boundaries  between.   Act  810. 

Government   and   organization   of,   Act   1362. 

Oflficers,   deputies   and  assistants,   and   salaries,   fees   and   allowances   of,    Act  837, 

§  204. 
Population   of,   Act  837,  §  10. 

G0AT3. 

Angora   and  Cashmere,   protection   of  from  ravages   of   dogs.   Acts   181,  965. 
Angora   or  Cashmere,   dogs   killing  of  worrying,   punishment.   Act  965,  §§  4,  5. 
Buck,  prevented  from  running  at  large.  Acts   1072,  1367. 
Particular  county  or  town,  in.      See  particular  title. 
Prevented  from  running  at  large  on  townsites,   Act  1070. 

GOLDEN   GATE   HOMESTEAD  ASSOCIATION. 

Swamp  land  commissioners  authorized  to   sell  certain  lands  in  San  Francisco  to,' 
Act   1372. 

GOLDEN  POPPY. 

Selected  as  state  flower,  Act  3819. 

GOOD  TEMPLAKS. 

Authorized  to  acquire  property  to  carry  out  charitable  purposes.  Act   1377. 

GOOSE  LAKE. 

United  States  government  authorized  to  lower  level  of  and  use  lake  or  bed  for 
reclamation  or  irrigation,  Act  1858, 

GOPHERS. 

Destruction  of.  Acts   186,  188. 

Destruction  of  in  particular  county.      See  particular  county. 

Particular  counties,  in.      See  particular  title. 

GOVERNOE. 

Arbitration,  to  appoint  members  of  state  board.  Act  219,   §  1. 

Architecture,  governor  to  appoint  state  board  of.  Act  219,  §  1. 

Assault  upon  any  state  or  territorial  governor  a  felony,  Act  693. 

Attorneys,   employment  of  by  to  prosecute  claims  of  state  against  United   States, 

Act   1388. 
Authorized  to  accept   grant  of  land  in  Butte   County   to   state   for  park   by  Annie 

E.   K.  Bidwell,  Act  2885. 
Authorized  to  convey  to  United  States  part  of  agricultural  college  grant,  Act  2846. 
Authorized  to  convey  to  United  States  sites  for  lighthouses,   Acts   1956,  2446. 
Authorized  to  execute  quitclaim  deed  to  successors  of  James  Bowman,  Act   1386. 
Authorized  with    surveyor-general    to    convey    state's    interest   in    certain    lands   to 

claimants,  Acts  2869,  3832. 
Authorized  with  surveyor-general  to  sell  certain  lands  to  claimants.  Act  2869. 
California  polytechnic  school,  trustees  of,  governor  appoints,  Act  504,  §  2. 
Charities  and  correction,   appoints  members  of  state  board  of.  Act  573,  §  1. 
Charities  and  correction,  ex  officio  a  member  of.  Act   573,  §  1. 
Charities  and  correction,   governor's  power  not   affected  by  act  creating.   Act  573 

§5. 
Charities  and  correction,  may  order  investigation  by  state  board  of.   Act  573,  §  5. 
Commission  on  reform  of  taxation,   governor  ex  ofScio  member  and  chairman    Act 

4037. 


1598  INDEX. 

GOVEENOE.      (Continued.) 

Commission  on  reform  of  taxation  to  appoint  expert  to   act  on,  Act   4037. 

Conspiracy  to  commit  crime  against  governor  of  any  state  or  territory,  punish- 
ment of.  Act   693. 

Dental  examiners,   to  appoint.  Act   922,  §  2. 

Funds,   transfer  of,   by,   to  general  fund  and  return   thereof,   Act    1278. 

Investigation  of  institutions  under  jurisdiction  of  state  board  of  chavities  and 
corrections,  may  order.   Act  573,  §  5. 

Power  over  institutions  not  affected  by  act  creating  state  board  of  charities, 
Act  573,  §  5. 

Residence,  construction  and  furnishing  of,  Act   1385. 

Residence   fitted  up   for  state  printing   office   and  armory,   Act   1383. 

Residence  for,  employees  and  servants  for.   Act   1385a. 

Residence  for,  maintenance    of.    Act    1385a. 

Residence  for,  providing   for  maintenance   of.   Act    1384. 

Rewards,  authorized  to  offer,  Act   1387. 

Stenographer  for,   appointment  of  authorized.  Act    1382. 

Vacancies   in   supervisors,   fills.  Act  837,  §  17. 

GRAND  ARMY  OF  THE  REPUBLIC. 

Unlawfully  wearing  badge  of,  prevention  of,   Act  1392. 

GRAND  JURORS. 

Fees,  counties  of  nineteenth  class.  Act   837,  §  176,  subd.  17. 
Fees  in  counties  of  twenty-eiglilh    class,    Act  837,  §  185,    subd.    16. 
Fees,  counties  of  thirty-third  class,  Act  837,   §  190,  subd.  15. 
Fees  in  counties  of  thirty-fourth  class,  Act  837,  §  191,   subd.   18. 
Fees  of  in  counties  of  forty-ninth  class.  Act  837,  §  206,  subd.  16. 
Fees  of  jurors  a  county  charge.  Act  837,  §  228,  subd.  4. 
Interpreters  before.  Act   1679. 

Superior  judge,   duty  in  instructing.   Act   837,  §  9. 

Treasurer's  books,  accounts  and  vouchers  subject  to  inspection  and  examination  of, 
Act   837,  §  86. 

GRAND  LARCENY.      See  Larceny. 

GRASS  VALLEY. 

Incorporation  of.  Act    1397. 

School  districts,  beard  of  education  of,  Act   3541. 

GRAVEYARDS.      See  Cemeteries. 

GREEN,  JAMES  J. 

Authorized  to  sue  state,  Act  3790. 

GROWING  CROPS.      See  Agriculture. 

Cereal  crops,  investigations  and  experiments  as  to  under  supervision  of  University 

of  California,  Act   62. 
Fire  starting  in  hay,  grain,  stubble  or  grass,  Act   1169. 
Protection  of  owners  of  growing  crops  from  injuries  by  miners.  Act  2217. 

GROWING  TREES. 

Big  tree  groves.      See  Big  Tree  Groves. 

Cutting  and  carrying  away  from  swamp  and  overflowed,  or  school  lands,  Act  1404. 
Destruction  of  on  private  grounds  in  certain  counties,  prevention  of,  Act   1577. 
Destruction  of  on  public  lands,  prevention  of.  Act  1403. 


INDEX.  1699 

GROWING  TREES.      (Continued.) 

Diseases  of  cultivated  trees,  investigation  of  nature  and  means  of  control,  Act  1519. 

Forest  fires  on  public  lands,  prevention  of  destruction  by,  Act  1168. 

Highways,  on.      See  Highways. 

Highways,  protection  of  growing  trees  on.  Acts  1402,  1458,  §  9. 

Joint  investigation  with  federal  government  on  forest  preservation,  Act  4367. 

Protection  of  on  possessory  claims,  Act   1402. 

Protection  of  on  private  property.  Act  1402. 

Public  grounds,  protection  of  growing  trees  on,  Act  1402. 

Shade  trees  in  cities,  planting  and  care  of.  Act  2341. 

Streets,  planting  and  maintaining  along  line  of.  Act  3925. 

Streets,  protection  of  growing  trees  on,  Act  1402. 

GUARDIAN  AND  WARD. 

Appointment  of  guardian,  Act   1410. 

Bond  of  guardian,  cost  of  chargeable  against  estate.  Act  368. 

Children  in  orphan  asylums  of,  appointment  of  guardian  of.  Act  2597. 

Corporations  as  guardian,  and  powers  and  duties  of.  Acts  770,  1055. 

Corporations  authorized  to  act  as.  Acts  770,  1055. 

Deposit  of  moneys  or  assets  with  corporation  by  guardian  and  reduction  of  bond. 

Acts  770,  1055. 
Duties  of  guardians,  Act  1410. 

GUAYMAS  CREEK. 

Navigability  of.  Act  2069. 

GUNPOWDER.     See  Explosives. 

HABEAS  CORPUS. 

Fees,  no  fees  to  be  charged.  Act   837,  §  227. 

Fees,  prepayment  of  not  necessary.  Act  837,  §  221, 

Writ  of,  act  concerning,  Act  1415. 

HALLS. 

Construction  of  by  city.  Act  2372. 

HARBOR  COIOIISSIONERS. 

Dockage,  reduction  or  abolition  of  rates  of.  Act  1420. 

Powers,   further,   granted  to.   Act   1423. 

Repairs  upon  private  wharves,  authorized  to  make.  Act  1421. 

Tolls,  false  returns,  penalties  for.  Act    1425. 

Tolls,  penalties  for  failure  to  pay.  Act  1425. 

Wharves,  private,  repairs  upon  authorized  upon.  Act  1421. 

Of  San  Diego. 

Appropriation  to  pay  expenses  of  commission  incurred  in  settling  and  establish- 
ing disputed  titles  to  lands.  Act  1437. 

Autliorized  to  transfer  jurisdiction  over  certain  tide  lands  in  to  United  States, 
Act   3159. 

Authorized  to  transfer  tide  lands  in  San  Diego  Bay  to  United  States,  Act  3160. 

Bonds  for  harbor  improvement,  submission  of  question  of  issuance  of  to  people. 
Act  1438. 

Of   San  Francisco. 
Act  providing  for  reconstruction  and  repair  of  damaged  property  in,  Act  1433. 
Appropriation  for  reconstruction  and  repair  of  diiniaged  property,  Act  1433. 


H 


1600  INDEX. 

HAEBOB  COMMISSIONERS.      (Continued.) 

Assignment  of  assistant  state  engineer  and  draughtsman  to  by  department  «f  en- 
gineering, Act  3812,  §  12. 

Authorized  to  condemn  certain  property  and  jurisdiction  extended  over  same.  Act 
1429. 

Authorized  to  construct  railroad  over  state  lands  and  •long  waterfront.  Act  1424. 

Authorized  to  insure  against  loss  by  fire.  Act  1431. 

Bonds  for  acquiring  India  Basin,  submission  to  people  of  question  of  issuance  of, 
Act   1436. 

Bonds  for  improvement  of  San  Francisco  harbor,  submission  of  question  of  issu- 
ance to  people,  Act   1435. 

East  street,  authorized  to  rectify  alignment,  Act  1428. 

East  street,  authorized  to  sell,  condemn  and  acquire  adjacent  property.  Act  1428. 

East  street,  jurisdiction  extended  over,  Act   1427. 

Establishment  of  free  public  market  on  waterfront.  Acts   1430,  3228. 

Ferry  and  passenger  depot  at,  bonds  for,  Acts  1152,   1426. 

Fisherman,  to  set  apart  portion  of  waterfront  for.  Act   3230. 

India  Basin,  authorized  to  institute  condemnation  proceedings  fop  property  north 
of.  Act  1434. 

India  Basin,  bonds  for  acquiring,  submission  to  people  of  question  of  issuance  of. 
Act   1436. 

India  Basin,  jurisdiction  of  harbor  commissioners  extended  over,  Act  1434. 

Islais  Creek,  jurisdiction  of  given  to,  Act  3242. 

Jurisdiction  of.  Acts  1432,  3335. 

Placed  under  control  of  state  harbor  commissioners.  Act  1422, 

Railroads  authorized  to  construct  over  state  land,  Act  1424, 

Railroads,  use  of,  regulation  of.  Act  1424. 

Sale  of  perishable  products  on  wharves,  permit  of  commissioners  necessary,  Act 
3345. 

Sale  of  perishable  products  on  wharves,  regulation  of.  Act   3345. 

Seawall,  state  bonds  for,  submission  of  proposal  to  electors.  Act  376. 

Waterfront,  line  of.  Act  1432. 

HARBORS. 

Examining  commissions  on  rivers,  appointment,  powers,  duties  and  compensations, 

Act  4364. 
Mooring  to  buoys  or  beacons  prevented.  Act  4354. 
Protection  of,  Act  4354. 
Throwing  overboard  of  ballast  prevented.  Act  4354. 

HASTINGS  COLLEGE  OF  THE  LAW. 
Creation  of.  Act  1436. 

HATCHERIES.      See  Fish. 

HAWKERS. 

Itinerant  venders  of  drugs,  license  upon.  Act  1941. 

HAYWARDS. 

Charter  of.  Act  1446. 
Incorporation  of.  Act  1441. 

HEALDSBURG. 

Charter  of,  Act   1446. 

Incorporation  of  under  municipal  corporation  bill.  Act  1446n. 


HEALTH.      See  Public  Health. 

HEALTH  INSURANCE  COMPANIES. 

Formation,  regulation,  powers  and  duties  of.  Act  1664. 

HEDGES. 

Streets,  hedges  along  line  of,  Act  3926. 

HEMP. 

Prison   directors   authorized   to   purchase    California    grown    hemp    to    be   used   in 
manufacture  of  grain  bags,  Act  2766. 

HIGH  SCHOOLS.      See  Schools. 

HIGHWAYS.      See  Streets. 

Administration  and  government  of  roads,  uniform  system  of,  Act  1460. 

Automobiles,   act  regulating  operation  of  on  public  highways.  Act  2331. 

Big  Oak  Flat  road,  appropriation  to  purchase.   Act   1452. 

Bonds  for  improvement,   construction,   repair,    etc.,   of,   issuance   and   sale   of,  Act 

1448. 
Boulevard  districts,  act  of  1905,  relating  to,  Act   1449. 
Boulevard   districts,   formation  of.  Act   1449. 

Boulevards,  bonds  for  improvement,  etc.,  of,  issuance  of,  Act  1449. 
Boulevards,  construction,  maintenance  and  use  of.  Act  1449. 
Boulevards,  definition  of,  Act  1449. 
Bureau  of,  creation,  powers  and  duties.  Act   1461. 
Cities   and   towns    authorized   to    improve   portions    of   highways   within    corporate 

limits.   Act   1448. 
Cities  authorized  to  permit   construction  of  highways  or  boulevards  over  streets. 

Act  2386. 
Commissioners  for  improvement,  etc.,  compensation  of.  Act  1448,  §  15. 
Commission  for  improvement,  etc.,  creation  of,  Act  1448. 
Commission  for  Improvement,  etc.,   of,  powers  and  duties  of.  Act  1448. 
Commission  for  improvement,  etc.,  term  of  office  and  bond.  Act   1448,  §  2. 
Department  of,  commissioners,  compensation  of,  Act   1462. 
Department  of,  commissioners,  duties  and  powers  of.  Act  1462. 
Department  of,  commissioners,  number,  appointments  and  qualifications.  Act  1462. 
Department  of,  creation  of,   Act  1462. 
Department  of,  employees  of.  Act   1462. 
Department  of,  employees  of,  salaries  of,  Act  1462. 
Department  of,   officers   of,  Act  1462. 
Department  of,  officers  of,  salaries  of,  Act   1462. 
Department  of,  powers  and  duties  of,  Act  1462. 
Donations  for  improvements,   etc.,   of  highways,   provision  for  acceptance  of.   Act 

1448. 
Franchises  for  paths  and  roads  for  bicycles  and  horseless  vehicles,  Act  1464. 
Free  wagon  road  from  Mariposa  to  Yosemite  Valley,   Act  4467. 
Free  wagon  road  from  Mariposa  to  Yosemite  Valley,  repeal  of  act.  Act   1450. 
Free  wagon  road  from  Mono  Lake  basin  to  Tioga  road,  construction  of,  Acts   1455, 

1456. 
General  Grant  Park  to  Kings  River  canyon,  public  highway  from.  Act   1450. 
Government  and  administration  of  roads,  uniform  system  of.  Act  1460. 
Lake  Tahoe  wagon  road,  appropriations  for.  Acts  1862,  1863. 
Laying   out,    construction,    straightening,   improving   and  repairing,    provision  for, 

Act  1448. 

Qen.  Laws — 101 


1602  INDEX. 

HIGHWAYS.      (Continued.) 

Lighting  districts,  elections  in,  holding  of,  Act  1466. 

Lighting  districts,  ex  officio  boards  of  supervisors  in,  Act  1466. 

Lighting  districts,  formation  of.  Act  1466. 

Lighting  districts,  government  and  operation  of,  Act  1466. 

Lighting  districts,  taxes,  assessment,  collection,  custody  and  disbursement  of.  Act 

1466. 
Lighting  of,  unincorporated  towns  authorized  to  establish  system  of.  Act  1466. 
Lincoln's  birthday.  Acts  1470,  1471. 
Los  Angeles  county,  highways  in.  Act  2002. 
Main  highways  defined,   Act   1448,  §  3. 
Motor  vehicles,  regulation  of  operation  of,  on.  Act  2331. 
Municipal  corporation,  road  tax  cannot  be  levied  in.  Act  110. 
Particular  counties,  in.      See  particular  title. 
Prisoners,  employment  of  on  roads.  Act  3862. 
Protection  and   preservation   of   from   damage   by   storm,    waters   and   floods.   Act 

1463. 
Protection  of  growing  trees  on,  Act  1402. 
Public  highway  from  General  Grant  Park  in  Fresno  County  to  Kings  River  Canyon, 

Act  1450. 
Public  lands,  right  of  way  over  granted  to.  Act  1451. 

Road  district  fund,  bonds,  issuance,  terms  of,  form  of  and  interest.  Act  1465,  §  12. 
Road  district  improvements,   acceptance  of  work,  hearing  and  proceedings  on,  Act 

1465,  §§  10,   11. 
Road  district  improvements,  act  of  1907  relating  to,  Act  1465. 
Road  district  improvements,    all   papers   to   be   filed  with   county   clerk.   Act  1465, 

§  17. 
Road  district  improvements,    bids,    awards    and    bonds    of    contractor,    Act   1465, 

§§  7,  9. 
Road  district  improvements,  bonds  for.  Act   1465. 
Road  district  improvements,  bond   fund   and   tax,   Act    1465,    §  13. 
Road  district  improvements,  boundaries  of  districts,  Act  1465,  §  6. 
Road  district  improvements,  changing    place    of    publication,    Act  1465,  §  16. 
Road  district  improvements,  cost  of  proceedings.  Act  1465,  §  15. 
Road  district  improvements,  declaration  of  board  to  order  work.  Act  1465,  §  6. 
Road  district  improvements,  declaration  of  completion  of  work.  Act  1465,   §  10. 
Road  district  improvements,  declaration  of  completion  of  work,  filing  of.  Act  1465, 

§  10. 
Road  district  improvements,  fund  for.  Act  1465. 
Road  district  improvements,  grades.  Act  1465,  §  6. 

Road  district  improvements,  notice  of  proposals  for  doing  work.  Act  1465,  §§  6,  *'. 
Road  district  improvements,  objections  to  work,  Act   1465,  §  5. 
Road  district  improvements,  powers  of  supervisors.  Act   1465,  §  14. 
Road  district  improvements,  procedure  when  bidder  fails  to  enter  into  contract,  Act 

1465,  §  8. 
Road  district  improvements,  resolution  of  intention.  Act  1465,  §§2,  3,  4. 
Road  district  improvements,  special  taxes  for,  Act   1465,  §  1. 
Road  district  improvements,  superintendent  and  employees.  Act   1465,  §  14. 
Road  district  improvements,  terms   of    contract   and   bond   of   contractor.    Act   1465, 

§9. 
Roads  in  Yosemite  Valley,  purchase  of.  Acts  4467,  4468. 
Sacramento  City,  state  highway  or  wagon  road  from  to  Folsom,   Act   1457. 
State,  carcasses  of  animals,  permitting  to  remain  near.  Act   1458,  §  5. 
State,  care,   management  and  protection  of.   Act  1458. 
State,  construction  and  maintenance  of  in  city  limits  authorized,  Act  2386. 


INDEX.  1603 

HIGHWAYS.      (Contitnipd.) 

State,  ditches  and  drains  across,  bridging,  Act  1458,  5  5. 

State,  encroachments  upon,  Act   1458.  * 

State,  fallen  trees  on,  removal,  Act  1458,  §§  7,  8. 

State,  from  Emigrant  Gap,  Placer  County,  to  Donner  Lake,  Nevada  County,  Act 
1457a. 

State  highways,  bonds  for  construction  of  system  of,  submission  of  question  of  is- 
suance of  to  people.  Act  1467. 

State  highway  connecting  road  systems  of  Trinity,  Tehama  and  Shasta  counties 
with  road  system  of    Humboldt  County,  Act   1457c. 

State  highway  from  Mount  Pleasant  ranch  to  Downieville,  Sierra  County,  Act 
1457b. 

State,  injuries  by  ditches,  drains,  water,  etc.,  Act  1458,  §  5. 

State,  milestone,  guide-post,  etc.,  injuring,  Act  1458,  §  6. 

State,  obstructions  upon.   Act  1458. 

State,  penalties  and  forfeitures,  recovery  of  and  disposition  of.  Act   1458,  §  10. 

State,  shade  trees,  injury  to,  Act   1458,  §  9. 

Storm  waters  and  floods,  protection  and  preservation  of  from.  Act  1463. 

Supervisors  authorized  to  declare  innavigable  streams,  highways  for  logs  and  tim- 
ber, Act  4361. 

Supervisors,  powers  and  duties  of,  Act  837,  §  25,  subds.  4,  12,  35,  36,  37. 

Tax,  power  of  supervisors  to  levy  special  road  tax,  Act  837,  §  25,  subd.  38. 

Tramroads.     See  Tramroadg. 

Trees  on,  county  boards  of  !orestry  for  protection  and  preservation  of.  Act  1468. 
See  Forestry. 

Trees  on,  protection  and  preservation  of,  provision  for,  Act  1468. 

Trees,  planting  on.  Act  1468. 

Trinity  River,  survey  of  road  down  to  connect  with  road  in  Humboldt  County,  Act 
1454. 

Uniform  system  of  road  government  and  administration.  Act  1460. 

Wagon  road  corporations.      See  Wagon  Road  Corporations. 

Width  of  tires  of  wagons  used  on,  regulation  of.  Act   1459. 

Yosemite  and  Wawona  road,  appropriation  to  purchase,  Act  1452. 

HOGS. 

Particular  county  or  town,  in.      See  particular  title. 

Running  of  at  large  on  townsites,  prevention  of,  Acts  1068,  1070. 

HOLIDAYS.      See  Sundays. 
Bird  and  arbor  day.  Act  348. 
Birthday  of  Abraham  Lincoln,  Acts  1470,  1471. 
Employee  entitled  to  one  day  in  seven  for  rest,  Act  2137. 

Extension  of  time  for  performance  of  acts  to  be  done  in  June,  1906,  Act  1094. 
Supervisors  authorized  to  declare  election  day  a  holiday,  Act  1469. 

HOLLISTER. 

Incorporation  of,  Act  1474. 

HOME  FOR  FEEBLE-MINDED  CHILDREN.     See  Feeble-minded  Children. 

HOME  FOE  INEBRIATES. 
In  San  Francisco,  Act  3231. 

HOME  FOR  VETERANS.     See  "Veterans'  Home. 

HOME  OF  ADULT  BLIND.     See  Adult  Blind. 


160  J  INDEX, 

HOMESTEAD. 

Act  relating  to,  Act   1485. 

Insanity  of  eiHier  spouse,  alienation  in  case  of,  Act  1487. 

On  public  lands.      See  Public  Lands. 

Privileges  extended  to  unmarried  men  and  women.   Act  1486. 

Privileges  extended  to  widows  and  widowers,  Act  1486. 

HOMESTEAD  CORPORATIONS. 
Formation  of  authorized,  Act  1492. 

HOMICIDE. 

Public  executions  abolished,  Act  864. 

HOMING  PIGEON. 

Misdemeanor,   injury  to,  Act  1497. 
Protection  of,  Acts  207,   1497. 

HONEY. 

Adulteration  of,  prohibited,  Act  38. 
Sale  of  imitation  or  adulterated.  Act  37. 

HOPS. 

Rate  of  tare  on  baled  hops.  Act  1503. 

HORNITOS. 

Incorporation  of,  Act  1507. 

HORSES. 

Administering  drugs  or  poisons  to,  a  misdemeanor,  Act  192. 

Use  of  bristle  bur,  tack  bur  or  other  like  device  prohibited,  Act  872. 

HORTICULTURE. 

Animals  injurious  to,  prevention  of  introduction  into  state,  Act  1517. 
Cities  or  counties  authorized  to  acquire  property  for  exhibiting  horticultural  prod- 
ucts,  Act  2387. 
Commissioner,  but  one  in  counties  of  ninth  class,  Act  837,  §  166,  subd.  17. 
Commissioner  in  counties  for  forty-fourth  class,  Act  837,  §  201,  subd.  17. 
County  boards  of,  appointment,  powers  and  duties  of.  Act  1515. 
County  boards  of,  creation  of.  Act  1515. 

Diseases  injurious  to,  etc.,  prevention  of  introduction  of.  Act  1517. 
Diseases,   investigation  of  nature  and  means  of  control  of.  Act  1519. 
Diseases  to  fruit  and  fruit  trees,  spreading  of,  prevention  of.  Act  1516. 
Fraud  in  sale  of  fruit  trees,  prevention  of.  Act  1518. 
Fratid  in  sale  of  fruit  trees,  punishment  of.  Act  1518. 

Investigation  of  tree  and  plant  diseases  and  pests  at  University,  Act  4258, 
Naming,   false,  of  trees,  seeds,  plants,  etc.,  penalty  for.   Act  1510. 
Naming  of  trees,  seeds,  plants,  etc.,  providing  for,  Act  1510. 
Pear  blight  and  walnut  blight,  act  for  prevention  and  eradication  and  cure  of.  Act 

1511. 
Pear  blight  and  walnut  blight,  investigation  into  by  University,  Act  1511. 
Penalty  for  violating  statute  for  proper  naming  of  trees,  seeds,  etc.,  Act  1510. 
Pests,   spreading  of,  prevention  of.  Act  1516. 
Promotion  of  horticultural  interests.  Act  1514. 
Protection  of  horticultural  interests,   Acts  1514,    1517,  4304. 
Quarantine  against  diseases  or  animals  injurious  to,  Act  1517. 
Sale  of  fertilizers  and  manurial  materials,  regulation  of,  Act  1157. 


INDEX.  1605 

HORTICULTURE.      (Continued.) 

Sale  of  fruit,  trees,  improperly  represented,  prohihited,  Act  1518. 
Sale  of  fruit  trees,  improperly  represented,  punishment  of,  Act  1518. 
Spreading  of  fruit  and  fruit  tree  pests,  prevention  of,  Act  1649. 
State  board  of,  creation  and  establishment  of,  Act  1512. 
State  commission  of,  creation,  appointment  of,  etc..  Act  1513, 
State  commission  of,  creation,  powers,  duties,  etc.,  Act  1513. 
State  commission  of,  expenses  of.  Act  1513. 
State  commissioner  of,  powers,  duties,  compensation,  etc.,  Act  1513. 

HOSPITALS. 

Cities   of   first   class   authorized   to   erect   hospital,   and   to  levy   a   tax.   Acts  1522, 

2342. 
Conveyance,  holding  and  protection  of  property.  Act  1524. 
Establishment  of  pesthouses  within  cities  prevented,  Act  2640. 
Founding,  endowment,  erection  and  maintenance  of.  Act  1524. 
Maternity  and  lying-in  hospitals,  duties  of  conductors.  Act  1523. 
Maternity  and  lying-in  hospitals,  health  officer's  duties  and  powers.  Act  1523- 
Maternity  and  lying-in  hospitals,  etc.,   licensing  and  inspecting,  Act  1523. 
State  hospital  for  miners.  Act  2224. 

Supervisors,  powers  and  duties  of.  Act  837,  §  25,  subds.  5,  8. 
Support  of  a  county  charge,  Act  837,  §  228,  subd.  7. 

Training  school  for  nurses,  founding,  endowment  and  maintenance.  Act  1524. 
Training  schools  for  nurses,  trusts  for  founding,  endowment  and  mainteua»>«»  of, 

Act  1524. 
Trusts  for  founding,  endowment  and  maintenace  of,  Act  1524. 

HOTELS. 

Hotel  or  lodging-house  keepers  not  to  turn  gas  off  at  meters.  Act  1343. 

Number  of  cubic  feet  for  each  person,  Act  1966. 

Refusal  of  admission  to  because  of  race  or  color.  Act  605. 

HOURS  OF  LABOR. 

Drug  clerks.  Act  2665. 

Infants,  of,  regulation  of,  Acts  1611,   1619,   1620. 

Limiting,   Act  1533. 

Limit  of  on  public  works,  Acts  1534,   1535,  1536. 

Members  of  police  department  in  cities  and  counties.   Acts  2728,  2729. 

Members  of  police  department  in  cities  of  first  class,   Acts  2728,  2729, 

Members  of  police  in  cities  of  first  and  one-half  class.  Act  2729. 

Members  of  police  in  cities  of  second  class.  Act  2729. 

Penalties  for  violating  statute  relating  to  and  enforcement  of,  Acts,   1534,   1535, 

1536. 
Public  works  or  service,  limit  of,  on.  Acts  1534,  1535,  1536. 
Smelting  and  reduction  works,  in.  Act  2230. 
Stipulation  in  public  contract  as  to.  Acts  1534,  1535,   1536. 
Underground  mines,  in.  Act  2230. 

HOUSE-BOATS. 

On  streams  or  rivers,  regulation  of,  Act  4368. 

HOUSE  OF  CORRECTION. 

Commitments  to,  Act  1540. 

In  cities  of  first  class.   Act  2348,  §  32. 

San  Francisco,  of.      See  San  Francisco. 


160«  INDEX. 

HOUSE  OF  ILL-FAME.      See  House  of  Prostitution. 
HOUSE  OF  PROSTITUTION.      See  Prostitution. 

HUMBOLDT  BAY. 

Certain   tide  lands  granted  to  United   States  to  improve  harbor,  Acts  1551,  1552. 

Crabs,  preserve  for  in,  creation  and  regulation  of,  Act  1340. 

Governor  and  attorney  general  authorized  to  purchase  certain  lands  in  for  state, 

Act  1553. 
Obstructions  of  channels  of,  prevention  of,  Act  1550. 
Survey  and  data  for  report  to  legislature  as  to  necessity  of  dredging,  appropriation 

for.  Act  1554. 

HUMBOLDT  COUNTY. 

Animals  of  another,  wounding  in,  punishment  of,  Act  1593. 

Assessor  of,  compensation  of,  Act  1571. 

Bounties  for  destruction  of  wild  animals  in,  Act  189. 

Classification  and  population  of,  Act  837,  §§  10,  157. 

Clerk  of,  compensation  of,  Act  1558. 

Dependent  poor  and  indigent  sick  of,  relief  and  maintenance  of,  Act  1560. 

District  attorney  of,  salary  of,  Act  1559. 

Fences  in,  tearing  down  of,  prevention  of.  Act  1593. 

Fires,  leaving  of,  punishment  of.  Act  1593. 

Growing  timber  ou  private  grounds,  destruction  of  prevented,  Act  1577. 

Humboldt  County  and  counties  of  Del  Norte  and  Siskiyou,  boundary  line  between, 

Acts  822,  909. 
Humboldt,  Mendocino,  Trinity  and  Klamath  counties,  boundaries  between,  Act  813. 
Hunting  on  private  inclosed  grounds  in,   prevention  of.  Acts  1577,   1593. 
Inclosures,  passing  through  and  leaving  them  open,  Act  1593. 
Judge,  additional,  for.  Act  1561. 

Jurors  in  courts  of  justice  of  the  peace  in,  Act  1562. 
Justices  of  the  peace,  jurors  in  courts  of,  Act  1562, 
Klamath  County    annexed  to.  Act  1808. 
Logs,  scaling  of  in.  Act  1563. 
Notaries,  additional,  for.  Acts  1564,  2500. 
OfTicers,    deputies   and   assistants   and   salaries,    fees    and   allowances    of,  Act    837, 

§  168. 
Officers  in,  compensation  of.  Act  1565. 
Population  of.  Act  837,  §  10. 
Roads  in,   Acts  1566,   1567. 

Sheriff,  compensation  for  services  as  jailer.  Act  1568. 
State   highway   connecting  road   systems   of   Trinity,   Tehama   or   Shasta   counties 

with  road  system  of  Humboldt  County,  Act  1457c. 
Streams  and  sloughs  in,  certain  declared  navigable,  Act  1572. 
Supervisors,  number  of,  Act  1569. 
Thistle,  propagation  prevented  in.  Act  4104. 

Towns  and  villages  on  public  land,  disposal  of  lots  in,  Act  1570. 
Treasurer  of,  compensation  of,  Act  1571. 
Trespassing  of  animals  in,  Act  1071. 

HUNTING. 

Inclosed  land,  on,  prevention  of,  Acts  1141,  1577,  1593. 

HUSBAND  AND  WIFE.      See  Married  Women. 

Insanity  of  either  spouse,  alienation  of  homestead  in  case  of,  Act  1487 
Rights  of  defined,  Act  1582. 


INDEX.  1607 

1 

ICE. 

Regulations  governing  manufacture,  storage,  sale  or  transportation  of,  Act  2830. 
§§  6-10. 

IDENTIFICATION.      See  Bureau  of  Criminal  Identification. 

ILLEGITIMACY.      See  Legitimacy. 

ILL-FAME.      See  Prostitution. 

IMMIGRATION. 

Chinese,  prevention  of,  Acts  588,   589,  590. 

Duties  of  masters  of  vessels  in  relation  to  passengers  arriving.  Act  1587. 
Fine,  act  imposing  on  immigrants  unable  to  become  citizens,  Act  1588. 
Special  tax  by  counties  to  encourage,  authorized,  Act  4041. 

IMPERIAL  COUNTY. 

Agricultural  and  horticultural  branch  experimental  station,  establishment  of  in.  Act 
4262. 

Agricultural  and  horticultural  problems  and  conditions  in,  investigation  of  by  Uni- 
versity of  California,  Act  4262. 

IMPRISONMENT. 

Separation  of  children  from  adults.  Act  1769. 

IMPROVED  ORDER  OF  RED  MEN.  See  Red  Men. 

IMPROVEMENTS. 

Public  buildings.      See  Public  Works. 
Public  lauds,  on  removal  of,  Act  2870. 

INCLOSURES. 

Hunting  on  inclosed  lands,  prevention  of.  Act  1593. 

Fences,   tearing  down  to   make  passages,   through   iuclosures,   prevention   of,   Acts 

1140,  4144. 
Leaving  open  of  inclosures,  prevention  of,  Acts  1140,   1141,   1593,  4144. 

INDEBTEDNESS.      See  Public  Debt. 

INDEPENDENT  ORDER  GOOD  TEMPLARS.     See  Good  Templars. 

INDEPENDENT  ORDER  OF  ODD  FELLOWS.     See  Odd  Fellovrs. 

INDEX. 

Statutes,  compiling,  printing  and  distribution  of  index  to.  Acts  515,  1598. 
Statutes  of  California,  superintendent  of  state  printing  authorized  to  prepare  and 
print,  Act*  515,  1598. 

INDIANS. 

Claims  against  state  of  soldiers  serving  in  Indian  wars.  Act  1607. 

Firearms  and  ammunition,  sales  of  to,  forbidden.  Act  1604. 

Government  and  protection  of.  Act  1603. 

Lands  within  Indian  reservations   granted   to  United   States,  Act  1605. 

Officers  of  Indian  department,  aiding  in  performance  of  their  duties,  Act  1608. 


1608  INDEX. 

INDIGENTS.      See  Paupers. 

INDUSTRIAL    HOME    OF    MECHANICAL    TRADES    FOB    ADULT    BLIND.     Set 

Adult  Blind. 

INDUSTRIAL  SCHOOL. 

In  cities  of  first  class,  Act  2348,  §  33. 
Of  San  Francisco,  Act  3237. 

INDUSTRY.      See  Preston  School  of  Industry. 

INFANCY.     See  Guardian  and  Ward;  Orphan  Asylums. 

Abandoned  and  dependent  children,  trades  and  training  school  for.     Ses  California 

State  Trades  and  Training  Schools. 
Abandoned  children,  care  of.  Act  1622. 
Abandonment  of  children,  punishment  of,  Act  1622. 
Adoption  of  children.  Act  26. 
Apprentices.      See  Apprentices. 
Begging,  infant  not  to  be  used  for.  Act  1616. 
Binding  minors  as  clerks  or  servants,  Act  213. 
Boards  to  investigate  organizations  receiving  dependent  or  delinquent  children,  Act 

1769. 
Care  and  custody  of,  act  relating  to.  Act  1621. 
Child  labor  laws.  Acts  1611,   1619,  1620. 

Cock-fight,  infant  under  eighteen  not  permitted  to  attend.  Acts  1610,  2782. 
Cock-fight,  pennitting  minor  under  eighteen  to  visit,  a  misdemeanor.  Act  1610. 
Cruelty  to  children,  incorporation  of  societies  for  prevention  of.  Act  1618. 
Delinquent  children.      See  Juvenile  Court. 

Dependent  and  delinquent  children,  control,  protection  and  treatment  of.  Act  1769. 
Dependent  children.     See  Juvenile  Court. 
Employment  of  infants,  proceedings  where  infant  violates  statute  regulating,  Act 

3574a. 
Employment  of  infants,  regulation  of,  Acts  1611,  1619,  1620. 
Feeble-minded   children.      See  Feeble-minded   Children. 
Female  under  seventeen  not  to  be  exhibited  in  public  place,  Act  1615. 
Hours  of  labor  of  minors,  regulation  of.  Acts  1611,  1619,  1620. 

Hours  of  labor,  proceedings  where  infant  violates   statute  regulating.   Act   3574a. 
Illiterate  minors,  employment  of,  prohibition  of,  Act  1611. 
Immoral  purposes,  children  not  to  be  apprenticed  or  sold  for.  Act  1617. 
Intoxicants,  giving  or  delivering  of  to  infants,  prevention  of,  Acts  1614,  1689. 
Intoxicants,  sale  of  to  infants,  prevention  of.  Acts  1612,  1613,  1614,  1688,  1689. 
Juvenile  court.      See  Juvenile  Court. 

Juvenile  offenders.      See  Preston  School  of  Industry;  Whittier  State  School, 
Legitimacy.      See  Legitimacy. 
Orphan  asylums.      See  Orphan  Asylums. 
Orphan  children,  care  of.  Act  1622. 
Orphan  children,  trades  and  training  school  for.      See  Oalifomia  State  Trades  and 

Training  School. 
Prisoners,   infant,  to  be  separated  from  adults  when  confined  in  jails  or  prisons, 

Act  1769. 
Prize-fight,  infant  under  eighteen  not  permitted  to  attend.  Acts  1610,  2782. 
Prize-fight,  infant  under  eighteen  not  permitted  to  visit.   Act  1610. 
Prize-fight,  permitting  minor  under  eighteen  to  visit  a  misdemeanor.  Act  1610. 
Probationary  treatment  of  delinquent  children,  Act  1769. 
Regulation  of  medical  practice  to  prevent  blindness  in  infants.  Act  2160. 


INDEX.  1C09 

INFANCY.      (Continued.) 

Saloon,  infants  prevented  from  entering,  Acts  1614,  1616,  1689. 
Saloons,  infants  under  sixteen  prevented  from  enteri)ig.   Act  1616. 
Society  for  prevention  of  cruelty  to  children,  incorporation  of,  Act  1618. 

INFECTION.      See  Public  Health. 

INHEEITANCE. 

Aliens,  right  of  inheritance  of,  Act  124. 

Aliens,  time  within  which  estate  to  be  claimed,  Act  124. 

Collateral,  tax  on.  Act  4040. 

Inheritance  tax  deputy,  appointment  and  duties,  Act  4034. 

Law  governing.   Act  92  7. 

Tax  on  inheritances.      See  Taxation. 

INHERITANCE  TAX.      See  Taxation. 

Collateral  inheritances,   tax  on,  Act  4040. 

Deputy,  controller  authorized  to  appoint,  Act  4034. 

Deputy,  duties  of.  Act  4084. 

INJUNCTION. 

Removal  from  office  for  want  of  qualifying,  enjoined  when.  Act  2.'5.52. 
Restraining  orders,  use  of  in  disputes  between  master  and  servant  limited,  Act  692. 
Use  of  in  disputes  between  master  and  servant  limited,  Act  692. 

INNS. 

Hotel  or  lodging-house,  keepers  not  to  turn  gas  off  at  meters,  Act  1343. 

Number  of  cubic  feet  for  each  person.  Act  1966. 

Refusal  of  admission  to  because  of  race  or  color,  punishment  of,  Act  605. 

INQUESTS. 

Coroners'  inquests  in  state  prisons,  costs  of.  Act  3859, 
In  states  prison,  payment  for.  Act  750. 

INSANE  ASYLUMS. 

Accommodations  for  patients,  further  provision  for,  Act  1638. 

Agnews,  additional  asylum  for  chronic  insane  at,  Act  1627. 

Agnews  State  Asylum,  appropriation  for  replacing  and  re-equipping  buildings  de- 
stroyed April  1906,  Act  1626. 

Agnews  State  Asylum,  erection  of  water  towers  and  tanks  on  grounds  of.  Act  1628. 

Agnews  State  Asylum,  managers  authorized  to  convey  certain  realty  to  Western 
Distilleries,   Act  1647. 

Care,  custody  of  and  apprehension  of  persons  believed  insane,  Act  1643. 

Chronic  insane,  additional  asylum  for  at  Agnews,  Act  1627. 

Discharge  of  patients  in  asylums,  Act  1642. 

Liquors,  prohibition  of  sale  near  Mendocino  Insane  Asylum,  Act  1694. 

Management  of,  future  regulation  of.  Act  1641. 

llendocinio  State  Asylum,   name  changed  to  Mendocino  Asylum,   Act,  1C30. 

Mendocino  State  Insane  Asylum,   establishment   of   at   Ukiah,   Act  1629. 

Mendocino  State  Insane  Asylum,   sale  of  liquor  near  prohibited.   Act  1694. 

Napa  State  Asylum,  management  of,  Act  1631. 

Napa  State  Asylum,  sale  of  intoxicating  liquor  within  certain  distance  of,  prohib- 
ited, Act  1632. 

Napa  State  Asylum,  water  supply  of.  Act  1633. 

Overcrowding  of  asylums,   prevention   of.   Act  1639. 

Sheriff,  compensation  and  allowances  of,  for  conveying  patients,  Act  837,  §  215. 


1610  INDEX. 

INSANE  ASYLUMS.      (Continued.) 

Southern  California  Railway   Company  granted  right  of  way  over  asylum  grounds 

in  San  Bernardino  County,  Act  2923. 
Southern  California  State  Asylum,  erection  and  management  of.  Act  1634. 
Southern  California  State  Asylum   managers   authorized   to   sell   strip   of   land.   Act 

1636. 
Southern  California  State  Asylum,  trustees     authorized     to     convey    certain     water 

rights,  Act  1637. 
Southern  California  State  Hospital,  conveyance  by  to  Bear  Valley  Mutual  Water 

Company  ratified,   Act  1637b. 
Southern  California  State  Hospital,  trustees  authorized  to  convey  certain  land  to 

San  Bernardino  Valley  Traction  Co.,  Act  1637a. 
State  commission  in  lunacy,  report  by  to  state  board  of  charities  and  correction, 

Act  573,  §  4. 
State  commission  in  lunacy,  transfer  of  une.\pended  appropriations  of,  Act  1643. 
State  lunacy  commission,  establishment,  powers  and  duties.  Act  1643. 
Stockton,    directors    authorized    to    construct    canal    along    North    Street    to    San 

Joaquin  River,  Act  3904. 
Stockton  Insane  Asylum,  water,  light  and  fuel  for.  Act  1635. 
Superintendent  to  attend  meetings  of  superintendents  of  asylums,  Act  1640. 
Support  of  patients  in  asylums,  Act  1642. 

Support  of  patients  in  asylums  who  are  able  to  support  themselves,  Act  1642. 
Uniform  government  and  management  of,  Act  1643. 

INSANE  PERSONS.      See  Insane  Asylums. 

Care,  custody,  and  apprehension  of  persons  believed  to  be  insane,  Act  1643. 

Commitment  of  insane  persons  to  asylum.  Act  1643. 

Compensation  and  allowances  of  sheriff  for  conveying.  Act  837,  §  215. 

Feeble-minded  children.      See  Feebleminded  Children. 

Homestead,  alienation  of  in  case  of  insanity  of  either  spouse,  Act  1487. 

Physician  to  inquire  into  sanity  of  convict,  costs  a  state  charge.  Act  2070. 

Prisoners,  insane,  erection  of  buildings  for,  Acts  2769,  2770. 

Restoration  to  capacity,  effect  of  order  of  judge  or  verdict  of  jury,  Act  1644. 

Restoration  to  capacity  of  persons  without  guardians  and  not  confined,  Act  1644. 

Sheriff,    compensation   of   for   carrying   patients   to    and   from    asylums.    Acts  837, 

§  215;    3627. 
State  hospital  for  insane  convicts  and  insane  persons   charged  with  felony,  Act 
2776. 

INSECTICIDE. 

Paris  green,  fraud  in  sale  of,  prevention  of,  Act  2614. 
Paris  green,  regulation  of  sale  of.  Act  2614. 

INSECTS. 

Spreading  of  pests,  prevention  of,  Acts  1516,   1649. 

INSOLVENCY.     See  Bankruptcy  and  Insolvency. 
Insolvency  law.  Act  1654. 

INSPECTOR. 

Fruits,  inspector  to  enforce  law  requiring  labels  on,  Acts  2101,  2102. 
Sheep.      See  Sheep. 

INSTITUTES. 

Farmers,  holding  by  regents  of  University  of  California,  Act  4253. 
Mechanics.     See  Mechanics'  Institute. 


INDEX.  1611 

INSURANCE. 

Accident  insurance  corporations  on  assessment  plan,  formation,  regulation,  powers 

and  duties  of,  Act  1664. 
Annuity  insurance   companies,   on  assessment  plan,   formation,   regulation,  powers 

and  duties  of,  Act  1664. 
Assessment  plan,   life,   health,   accident,  and  annuity  or  endowment  insurance  on. 

Act  1664. 
Capital  (tock,   increase  of  by  insurance  companies.   Act  1660. 
Conditions  for  doing  insurance  business,  Act  1661. 

County  fire  insurance  companies,  organization  and  management  of.   Act  1667. 
Endowment  insurance   companies  on  assessment  plan,  formation,  regulation,  pow- 
ers and  duties  of.  Act  1664. 
Extension  of  time  to  file  annual  statement  for  1905,  Act  1671. 
Fire  insurance  companies,  act  relating  to.  Act  1666. 

Fire  insurance  companies,  county,  organization  and  management  of.  Act  1667. 
Fire  insurance  policy,  standard  form  of.  Act  1670. 

Firemen's  relief  fund,  payment  by  foreign  companies  to.  Acts  1177,  1668. 
Fireman's  relief,   health,   and  insurance  fund,   creation   of,   Act  1175. 
Fire  patrol,  establishment  of  by  underwriters,  Act  1188. 
Form,  standard,  of  fire  insurance  policy.  Act  1670. 

Harbor  commissioners  of  San  Francisco  authorized  to  insure.  Act  1431. 
Health  insurance   corporations  on   assessment  plan,   formation,  regulation,   powers 

and  duties  of,  Act  1664. » 
Life,  health,  accident,  and  annuity  or  endowment  insurance  or  assessment  plan.  Act 

1664. 
Life  insurance  corporations  on  assessment  plan,  formation,  regulations,  powers  and 

duties  of.  Act  1664. 
Life  insurance  policies,  forfeiture  of.  Act  1663. 
Life  insurance  policies,  oflScial  valuation  of.  Act  1662. 
Livestock,  life,  health  and  accident  insurance  on.  Act  1672a. 
Marine  insurance  corporations,  act  relating  to.  Act  1666. 

Mutual  fire  insurance  companies,  organization  and  management  of.  Act  1672. 
Mutual  insurance  companies,  formation  of.  Acts  1659,  1665. 
Police  relief,  health,  life  insurance  and  pension  fund,  creation  of.  Act  2735. 
Prison  directors  authorized  to  insure  jute  or  jute  goods.  Act  1766. 
State,  noninsurance  of  property  belonging  to,  Act  1669. 

INSURANCE  COMMISSIONER. 

Extension  of  time  to  insurance  companies  to  file  annual  statement  for  1905,  Act 
1671. 

INSURANCE   COMPANIES.     See  Insurance. 

INTEREST. 

Chattel  mortgages,  corporations  loaning  money  on,  regulation  of.  Act  758. 
Chattel  mortgages,  excessive  rate,  penalty  for  charging.  Act  1673. 
Chattel  mortgages,  limit  of  rate  of  interest.  Acts  758,  1673. 
Corporations  organized  to  loan  money,  regulation  of.  Act  758. 
Limit  on  rate  in  loans  on  chattel  mortgage.  Acts  758,  1673. 
Limit  on  rate  that  can  be  charged.  Act  758. 

Limit  of  rate  that  can  be  charged  on  loans  on  personal  property.  Act  2637. 
Purchaser  of  public  land,  redemption  after  forfeiture  for  nonpayment.  Act  2872. 
Rate  of,  regulation  of.  Act  1674. 

Reclamation  district  No.  108,  Tolo  County,  warrants  and  assessmenta  to  bear  in- 
terest, Act  2956. 


1612  INDEX. 

INTEREST.      (Continued.) 

Sale  of  state  lands,  redemption  where  foreclosed  for  nonpayment  of,  Act  3835. 
State  bonds  held  in  trust  for  University  and  school  funds,  payment  of  interest  on, 

Act  374. 
Swamp  land  districts  50  and  54,  payment  of  interest  on  trustees'  orders,  Act  2rf  ; 
Swamp  land  district  No.  70,  Sutter  County,  warrants  to  bear  interest.  Act  29''t 

INTERPRETERS. 

Cities  of  first  class  interpreters,  appointment  and  salary.  Act  2348,   §  246. 

Grand  jurors,  interpreters  before,  Act  1679. 

Italian  interpreter,  appointment  of  in  cities  of  100,000,  Act  1680. 

INTESTACY. 

Law  governing  descents  and  distribution.  Act  927. 

INTOXICATING  LIQUORS. 

Accounts  for  liquors  sold  at  retail,  collection  of  prohibited.  Act  1685. 

Adulterated,  sale  or  disposal  of  prohibited.  Act  43. 

Adulteration  of  forbidden.  Act  36. 

Election  days,  sale  of  intoxicating  liquors  on,  prohibited.  Acts  1016,  1690. 

Good  Templars.      See  Good  Templars. 

Home  of  inebriates  in  San  Francisco,  Act  3231. 

Infants,  giving  or  delivering  of  to,  prevention  of.  Acts  1614,  1688,   1689. 

Infants,  prevention  of  from  entering  saloon,  Acts  16l6,   1689. 

Infants,  sale  of  to,  prevention  of.  Acts  1612,   1613,   1614,   16S8,   1689. 

Licenses  to  sell  in  cities  of  first  class,  powers  of  police  commissioners,   Act  2343, 

§  140,  subd.  4. 
License  to  sell,  voters  permitted  to  vote  on  question  of  granting.  Act  1687. 
Manufacture,  sale  or  transportation  of,  prevention  of.  Act  29. 
Mendocino  State  Insane  Asylum,  sale  of  liquor  near  prohibited,  Act  1694. 
Officers,   intoxication   of.   Act  2548. 

Prohibition  of  sale  near  Mendocino  Insane  Asylum,  Act  1694. 
Prohibition  of  sale  of  within  one  mile  of  College  City,  Act  627. 
Retail,  collection  of  accounts  for  liquors  sold  at,  prohibited,  Act  1685. 
Sale  of  in  state  capital  prohibited.  Acts  536,  1691. 
Sale  of  near  construction  camps  prohibited,  Act  1695. 
Sale  of  near  Mendocino  State  Insane  Asylum  prohibited.  Act  1694. 
Sale  of  to  persons  addicted  to  inordinate  use  of  prohibited.   Act  1686. 
Sale  of  within  certain  distance  of  Napa  Insane  Asylum  prohibited.  Act  1632. 
Saloons,  minors  prevented  from  visiting,  Acts  1614,   1616,   1689. 
Soldiers'  home,  sale  of  in  vicinity  of,  prevention  of.  Acts  1692,   1693,  3696. 
State  capitol  building,  sale  of  intoxicating  liquors  in  prohibited.  Acts  536,  1691. 
University  of  California,  not  to  be  sold  within  two  miles  of,  Act  4253. 
Wine,  fraud  in  manufacture  and  sale  of.  Acts  43,  44. 
Wine,  sophistication  and  adulteration  of.  Acts  43,  44. 

INVENTORY. 

State  and  county  property  inventory  and  record  of,  Act  1697. 

INYO  COUNTY. 

Animals,  prevention  of  trespasses  by.  Act  1704. 
Assessor  of,  compensation  of.  Act  1702. 
Classification  and  population  of.  Act  837,  §§  10,  157. 
District  attorney,  fees  of  in,  Act  945. 
Expenses  of  government  of,  payment  of,  Act  1703. 


INDEX.  1613 

INYO  COUNTY.      (Continued.) 

Growing  crops  in,  protection  of,  Act  1704. 

Inyo  and  Mono  counties,  boundnry  line  between.  Act  812. 

Notaries,  additional  in,  Act  1705. 

Officers  of  and  salaries,  fees  and  allowances  of,  Act  837,  §  210. 

Officers  of,  salaries  of.  Act  1706. 

Population  of.  Act  837,  §  10. 

Roads  in,  improvement  of.  Act  1707. 

School  moneys  in,  distribution  of,  Act  1708. 

Sheriffs  of,  traveling  fees  of.  Act  1710, 

Teachers  in,  employment  of,  Act  1709. 

Treasurer  of,  salary  of,  Act  1711. 

lONE. 

Railroad  from  to  Jackson  or  Sutter  Creek,  Act  2922. 

IRRIGATION. 

Act  of  1871-72,  to  promote,  Act  1716. 

Assessments,  payment  for  in  two  installments,  provision  for,  Act  1732. 

Contracts  between  owners  of  water  and  consumers  of  water  for  irrigation,  act  re- 
lating to,  Act  1730. 

Contracts  between  owners  of  water  and  consumers  of  water  for  irrigation,  validity. 
Act  1730. 

Districts,  abandonment  of  operations  by.  Act  1721. 

Districts,  acquisition  and  distribution  of  water.  Acts  1717,  1718,  1719,  1726. 

Districts,  assessments,  provision  for  payment  of  in  two  installments.  Act  1732. 

Districts,  bonded  indebtedness,  reduction  of.  Act  1722. 

Districts,  bonds,  examination,  approval  and  confirmation  of  proceedings  for  issue 
and  sale  of.  Act  1720. 

Districts,  bonds,  funding,  a  lien.  Act  1727,  §  18. 

Districts,  bonds,  funding,  exchange  of.  Act  1727. 

Districts,  bonds,  funding,  issuance  of.   Act  1727. 

Districts,  bonds,  funding,  payment  of,  Act  1727. 

Districts,  bonds,  funding,  proceedings  to  test  validity.  Act  1727. 

Districts,  bonds,  funding,  sale  of,  Act  1727. 

Districts,  bonds,  funding,   unused,   cancellation  of,   Act  1727,  §  17. 

Districts,  boundaries,  change  of,  Act  1719. 

Districts,  destruction  of  bonds  remaining  unsold,  Act  1723. 

Districts,  disorganization  of  division  of  districts  into  classes  for  purpose  of,  Act 
1721. 

Districts,  disorganization  of  upon  payment  of  debts.  Act  1721. 

Districts,  dissolution  of,  discharge  of  debts  and  distribution  of  property.  Act  1731. 

Districts,  examination,  approval  and  confirmation  of  proceedings,  Act  1720. 

Districts,  exclusion  of  lands  from.  Act  1718. 

Districts,  government  of.   Act  1717. 

Districts,  inclusion  of  other  lands  in.  Act  1719. 

Districts,  funding  bonds,  sale  of.  Act  1727. 

Districts,  lease  or  disposition  of  water  by  for  generation  of  power  for  mechanical 
purposes,  Act  1729. 

Districts,  organization  of,  Acts  1717,  1718,  1719,  1720,  1726. 

Districts,  redemption  of  property  sold  to  for  delinquent  assessments.  Act  1723. 

Drainage  by  irrigation  districts,  provision  for.  Act  988, 

Modesto  irrigation  district,  creation  of,  Act  1724. 

Particular  county,  in.     See  particular  title. 


1614  INDEX. 

IRRIGATION.      (Continued.) 

Providing  system  of,  Act  3811. 

Rates  of  water  furnished  for  irrigation,  Act  1730,  5  2. 
Superintendent  of  in  cities  of  fourth  class,  Act  2348,  §  601. 
West  Side  irrigation  district,  creation  of,  Acts  1725,  4388. 

Irrigation  districts  under  act  of  1897. 
Assessments,  actions  to  determine  validity,  Act  1726,  §§  68-71. 
Assessments,  equalization  of,  Act  1726,  §38. 
Assessments  for  completion  of  works.  Act  1726,  §  34. 
Assessments,  rate  of,  how  ascertained,  Act  1726,  §  60. 
Assessments,  special.  Act  1726,  §§  59,  60. 
Assessor,  duties  of,  Act  1726,  §§  35-37. 
Bonded  indebtedness,  reduction  of.  Act  1726,  §§  98-99 V^. 
Bonds,  actions  to  determine  validity.  Act  1726,  §§  68-71. 
Bonds,  destruction  of  unsold.  Act  1726,  §  106. 
Bonds,  issuance  of.  Act  1726,  §§  30-32. 

Bonds,  redemption  of  and  payment  of  interest,  Act  1726,  §  52. 
Construction  of  works,  expenses  and  payment,  Act  1726,  §§  53-56. 
Directors,  compensation,  and  expenses.  Act  1726,  §  57, 
Directors,  duties  and  powers  of.  Act  1726,  §§  13-16. 
Directors,  not  to  be  interested  in  contracts,  Act  1726,  §  58. 
Directors,  number  of,  Act  1726,  §  28. 

Directors,  organization  and  officers.  Act  1726,  §§  13,  20. 
Directors,  qualifications  of.  Act  1726,  §  26. 
Districts,  acquisition  and  construction  of  works,  Act  1726. 
Division  of,  Act  1726,  §  5. 
Effect  of  as  repealing  act.  Act  1726,  §  110. 
Effect  of  on  districts  organized  prior.  Act  1726,  §  109. 
Election  on  organization.  Act  1726,  §§  6-12. 
Election  for  assessments,  Act  1726,  §  34. 
Election  for  bonds,  Act  1726,  §  30. 

Election  for  destruction  of  unsold  bonds,  Act  1726,  §§  106—108. 
Election  for  special  assessments.  Act  1726,  §  59. 
Elections,  general  in.  Act  1726,  §§  19-28. 
Election  to  reduce  bonded  indebtedness.  Act  1726,  §  99. 
Exclusion  of  lands.  Act  1726,   §§  74-84. 
Funds,  creation  of,  Act  1726,  §  67. 
Inclusion  of  lands.  Act  1726,  §§  85-97. 
Indebtedness,  incurring.   Act  1726,  §  61. 
Officers  of.  Act  1726,  §§7,  19. 
Officers  of,  oaths  and  bonds.  Act  1726,  §  19. 
Officers  of,  terms  of  office.  Act  1726,  §  19. 
Officers,  penalty,  for  violation  of  duty.  Act  1726,  §  73. 
Officers,  salaries  of,  Act  1726,  §  57. 

Officers,  vacancies,  filling  of  and  term  of  appointee.  Act  1726,  §  25. 
Offices,  consolidation   of.    Act  1726,  §  27. 
Organization  of,  Act  1726,  §§  1-5. 
Taxation,  property  exempt  from,  Act  1726,  §  66. 
Taxes,  delinquent,  publication  of  delinquent  notice.  Act  1726,  §  42. 
Taxes,  delinquent,  sale  for.  Act  1726,  §§  43-46. 
Taxes,  delinquent,  sale  for,  deed,   Act  1726,  §§  47-50. 

Taxes,  delinquent,  redemption   of   property   sold   for,   Act  1726,  §§  47-51. 
Taxes,  delinquent  when,  Act  1726,  {  41. 


INDEX.  1«15 

IRRIGATION.      (Contimied.) 

Taxes,  levy  and  collection  of,  Act  1726,  §§  39-41. 

Title  to  property,  Act  1726,  §  29. 

Tolls,  charging.  Act  1726,  §  55. 

Water,  governing  use  of,   Act  1726,  §§  62-65. 

Water,  lease  of,  Act  1726,  §§  100-105. 

Water  regulations.   Act  1726,  §§  17,   18. 

Water,  right  to  exercise  eminent  domain,  Act  1726,  §  65. 

Water,  use  of  navigation  or  vested  rights  not  atTected,  Act  1726,  §  64. 

Works,   construction  of,  expenses  and  ^payment,   Act  1726,   §§53-56. 

ISLAIS  CREEK. 

Jurisdiction  of  Islais  Creek  given  to  Harbor  Commissioners,   Act  3242. 
San  Francisco,  declared  navigable.  Act  3242. 

ITALIAN   INTERPRETER. 

Appoiutuient  of  in  cities  of  100,000,  Act  1680. 


J 

JACKS. 

Lieu   of  owner  of,  where  used  for  propagation,  Act  1948. 
Limits  for  keeping  of  unless  inclosed  from  view.  Act  3749. 

JACKSON. 

Railroad  from  lone  to  Sutter  Creek  or  Jackson,  Act  2922. 

JAILS.     See  Prisons. 

Consolidated  cities  and  counties  of  over  100,000  authorized  to  make  alterations  in. 

Act  3284. 
County  jail.      See  particular  county. 
Infant  prisoners  to  be  separated  from  adults.  Act  1769. 
Matron,  compensation  of.  Act  2775,  §  3. 
Matron,  creation  of  office  of  in  certain  cites.  Act  2775. 
Matron,  duties  and  powers  of.  Act  2775. 

Matron,  not  to  be  hindered  in  discharge  of  duty,  Act  2775,  §  4. 
Matron  of  in   certain  counties,   appointment,  term  of  office,  duties,   compensation, 

etc..  Act  837,  §  2141/2  ;  2775. 
Matron,  searching  of  female  prisoners.  Act  2775,  §  4. 
Parole  of  prisoners.      See  Parole  Commissioners. 
Prisoners,  allowance  to  sheriflf  for  boarding,  Act  837,  §  214'^. 
Separation  of  children  from  adults.  Act  1769. 
Supervisors,  powers  and  duties  of,  Act  837,  §  25,  subd.   8. 
Support  of  prisoners  a  county  charge,  Act  837,  §  228,  subd.  8. 

JAPANESE. 

Chinese  or  Japanese  women,  importation  of  for  immoral  purposes,  prevented,  Art 
2797. 

Kidnaping  and  importation  of  females  for  immoral  purposes.  Act  592. 

Records  of  statistics  and  information  concerning,   keeping  of.   Act  1734. 

Statistics  and  information  regarding,  gathering,  compiling,  printing  and  distrib- 
ution of.  Acts  1733,  1734. 

iEWISH  ORDER  OF  KESHER  SKEL  BARSEL. 
Corporate  powers  conferred  on.  Act  1736, 


JOHNSON  GRASS. 

Propagation  of,  prevention  of,  Act  74. 

JOHNSON'S  CREEK, 

Navigability  of,  Act  4360, 

JOINT. 

Sewers,  construction  and  maintenance  of  by  cities,  Act  2389. 

JOINT  OWNERSHIP. 

Water  supply,  ownership  by  cities.  Act  2362. 

JOINT  TENANT.      See  Cotenancy. 
Suits,  may  bring  or  defend.  Act  788. 

JUDGES, 

Mayor  not  required  to  act  as  justice  or  judge  in  cities  over  10,000,  Act  2145. 

Not  to  order  production  of  original  papers,  Act  2348,  §  125. 

Of  United  States  court,  assault  upon,  punishment  of.  Act  693. 

Of  United  States  court,  conspiracy  to  commit  any  crime  against,  punishment  of,  Act 

693. 
Particular  county.      See  particular  title. 
Superior  court.      See  Superior  Court;  Superior  Judges. 
Supreme  court  commission.      See  Supreme  Court  Commission. 
Supreme.      See  Supreme  Court. 

JUDGES  OF  THE  PLAINS. 

Act  relating  to,  Act  1741. 

JUDICIAL  NOTICE. 

Cities  of  fifth  class,  of  organization  and  existence  of.  Act  2348,  §  765. 
Municipal  corporation,  of  existence  of.  Act  2348,  §  3. 
Ordinances  of  cities  of  fifth  class,  of.  Act  2348,  §  765. 

JUDGMENTS. 

Act  to  better  enable  collection  of  judgments  in  favor  of  state,  Act  265, 
Attorney  general  authorized  to  bid  in  property.  Act  265. 

Payment  of  judgments  against  cities  and  counties  of  certain  sizes.   Acts  800,  1747. 
Payment  of  judgments  against  counties,  cities,  and  cities  and  counties,  Act  1746. 

JUNIPERO  SERA. 

Landing  place  of  at  Monterey,  gift  of  to  state,  Act  2298, 

JURISDICTION. 

Ceded  to  United  States  over  lands  ceded  to,  Acts  3784   3830. 

Pees  of  jurors,  serving  since  1895,  and  not  paid,  payment  of.  Act  1124. 

Justices'  courts.      See  Justices'  Courts. 

Justices  of  the  peace  in  cities  and  towns,  of.  Act  1757, 

Lands  ceded  to  federal  government,  jurisdiction  of  state  over,  Act  1956. 

Lands  near  Lime  Point,  over,  ceded  to  United  States,  Act  4215. 

Over  certain  lands  ceded  by  state  to  United  States,  Act  3784. 

Over  lands  acquired  for  military  purposes  ceded  to  the  United  States,  Act  8829  . 

Over  lands  given  to  United  States,  ceded  to.  Acts  3784,  3830. 

Police  courts.      See  Police  Courts. 

JURORS. 

Fees,  counties  of  fifth  class.  Act  837,  5  162,  subd.  18, 


JUEORS.      (ContiTnied.) 

Fees,  counties  of  seventh  class,  Act  837,  §  164,  subd.  16. 
Fees,  counties  of  nineteenth   class,   Act  837,  §  176,   subd.   17. 
Fees,  counties  of  twenty-eighth  class,  Act  837,  §  185,  subd.  16. 
Fees,  counties  of  thirty-third    class.    Act  837,  §  190,    subds.    15,    16. 
Fees  of  generally.  Acts  1119,   1123. 

Fees  of  in  counties  of  thirty-fourth  class,  Act  837,   §  191,  subd.  18. 
Fees  of  in  counties   of  forty-ninth   class,    Act  837,  §206,    subd.    16. 
Fees  of,  in  San  Francisco,  Acts  3217,  3346. 

Fees  of  jurors  and  witnesses  a  county  charge,  Act  837,  §  228,   subd.  4. 
Particular  county,  in.      See  particular  title. 

Payment  of  fees  of  jurors  who  have  served  as  such  under  act  of  1895,  Acts  1124, 
1752. 

JUSTICE,  JOHN  D., 

Application  of  to  purchase  state  land  validated,  Act  2870. 

JUSTICES. 

Of  supreme  court.      See  Supreme  Court. 

Of  United  States  court,  assault  upon,  punishment  of.  Act  693. 

Of  United  States  court,   conspiracy  to  commit  any  crime  against,  punishment  of, 
Act  693. 

JUSTICES'  COURT.      See  Justices  of  the  Peace. 

Cities  of  the  first  class,  provisions  relating  to.  Act  2348,  §  213-228. 
In  counties  of  various  classes.      See  Counties. 
Particular  county,  in.      See  particular  title. 

JUSTICES  OF  THE  PEACE. 

Bond  of.  Act  837,  §  66. 

Cities  of  the  first  class,  clerks  and  deputies,  salaries  of,  Act  2348,  §  26,  subd.  18. 

Cities  of  the  first  class,  provisions  relating  to.  Act  2348,   §  26,  Bubd.  17;   §§  213- 

228,   241. 
Cities   of   first  class,   salaries  of.   Act  2348,  §  26,   subd.  17. 
Cities  of  fourth   class,   powers  of.   Act  2348,  §  700. 
City   court,   business   of,    transferred   to.    Act  2145. 
City   court,   to   finish  business  of.   Act  2145. 

City,   fees  of  in  criminal  action  not   a  county  charge.   Act  1125. 
Clerk  employed  by  justices  of  certain  cities,  salary  of  and  payment  of,  Act  1759. 
Clerk,   employment   of   by  justices   of   certain    cities,    Act  1759. 
Clerk  of,  salaries  of  in  various  counties.      See  Counties. 
Compensation  of  in  cities  and  towns.  Act  1757. 
Coroner,    to   perform   duties   of  when,   Act  837,  §  146. 
Counties    of    the    tenth    class,    ascertaining    population    of    townships    for   purpose 

of  ascertaining  salary.    Act  1758. 
Counties  of  the  tenth  class,   salary,   amount  of  and  manner  of  payment,   Act  1758. 
Division   of   counties   into   townships   for  election   oi.    Act  837,  §  56. 
Duties  of   enumerated.    Act  837,  §  155. 
Election  of,   time   of.    Act  837,  §  58. 

Expenses  of  in  criminal  proceedings  ft  county  charge.   Act  837,  §  228,   subd.   6. 
Fees   of   justices   and   constables,   poster   of.    Act  837,  §  224. 
Jurisdiction   of  in   cities   and  towns,  Act  1757. 

Mayor  not  required  to  act  as  justice  or  judge  in  cities  over  10,000,   Act  2145. 
Number   of.    Act  837,  §  56. 
Oaths,  may  administer.   Act  837,  S  63. 
Gen.  Laws — 102 


1618  INDEX. 

JUSTICES  OF  THE  PEACE.  (Continued.) 
Particular  city,  in.  See  particular  title. 
Particular  county,   in.      See  particular  title. 

Salaries  and  fees  of  in  various  classes  of  counties.     See  Counties. 
Township  officers,  are,  Act  837,  §  56. 

JUSTIFICATION. 

Sheriff,  of,  under  process  or  orders,  Act  837,  §  100. 

JUTE. 

Permanent  fund  for  purchase  of,   appropriation  for,   Act  1767. 
Prison  directors  authorized  to  insure  jute   and  jute  goods,  Act  1766. 

JUTE  GOODS. 

Fund  for  purchase  of  to  be  manufactured  at  state  prison,  Act  1763. 
Price  and  condition  of  sales  of  jute  bags,   Act  1765. 
Prices  and  conditions  of  sale  of.  Acts  1764,  1768. 

JUVENILE  COURT. 

Boards   to    investigate   organizations  receiving   children.    Act  1769. 

Creation,  powers  and  duties  of.  Acts  1769,  1770. 

Dependent    and    delinquent    children,    commitment    to    and   release    from   Whittier 

State  School  and  Preston  State  School,   Act  1770. 
Dependent    and    delinquent    children,    control,    protection    and    treatment    of.    Act 

1769. 
Dependent  and  delinquent  minors,  care,  custody  and  maintenance  of.  Act  1770. 
Detention  home  for  dependent   and  delinquent  children,   Act  1770. 
Jurisdiction  of  superior  court  over  offenses  against  juvenile  court  law,  Act  1770. 
Probationary  treatment  of  juvenile  delinquents.  Acts  1769,  1770. 
Probation  committee,   establishment  of,  Act  1770. 
Probation  officers,   number  of,   appointment,  powers,   duties   and  salaries  of.   Acts 

1769,   1770. 
Proceedings  in  when  evidence.  Acts  1769,   1770. 
Punishment    of   persons    responsible    for   dependency    or   delinquency    of    children. 

Act  1770. 
Separation   of  children  from  adults  when   confined  in  jails  or  other   institutions, 

Act  1769. 

JUVENILE  OFFENDEES.     See  Juvenile  Court;  Preston  School  of  Industry;  Whit- 
tier State  School. 

KAWEAH  EIVER. 

Board  of  commissioners  for,  ^ct  1774. 

KEEPER  OF  THE  ARCHIVES. 

Appointment,  duties  and  salary  of,   Acts  1779,   8585, 

KERN  COUNTY. 

Assessor,   salary  and  bond  of,   Act  1784. 

Auditor   and  recorder,    separation  of  offices   of.   Act  1786. 

Auditor,  salary  of.  Act  1786. 

Big  trees  in,  protection  of,  Act  338. 

Bonds  to  pay  indebtedness,  issuance  of,  Act  1785. 

Classification  and  population  of,  Act  837,  §§  10,  157. 


INDEX.  1619 

^iRN  COUNTT.      (Continued.) 
Funds  of,   transfer  of,  Act  1787. 
Judge,  additional,  for  Act  1790. 
Officers,    deputies   and   assistants   of,    and   salaries,    fees    and   allowances   of,    Act 

837,  §  183. 
Population  of,  Act  837,  §  10. 

Recorder  and  auditor,  separation  of  offices  of,  Act  1786. 
Recorder,  salary  of,  Act  1786. 

San  Luis  Obispo  and  Kern   counties,  locating  boundary  line  between,   Act  818. 
Sheriff  of,  traveling  fees  of,   Acts  1788,  1789. 
Squirrels,  destruction  of,  Act  187. 

Swamp  and  overflowed  lands  in,  determining  rights  in  certain,  Act  4023. 
Tax  collector,  bond  of.  Act  1791. 
Treasurer  of,   salary  of.  Act  1792. 
Water  ditches  and  water  privileges  in,  Act  1793. 

KESHEB  SHEIi  BARSEL. 

Jewish  order  of,  corporate  powers  conferred  on,  Act  1736. 

KETES  CREEK. 

Declared  navigable.   Acts  1798,   3097. 

KINGSBURY  SCHOOL  DISTRICT. 

Kings  River   Switch   school  district,   portion   of  attached  to,   Fresno   County,  Act 
8548. 

KINGS  COUNTT. 

Boundaries  of.  Act  1803. 

Boundary  between  and  Fresno,  location  of.  Acts  823,  824. 

Classification  and  population  of,  Act  837,  §§  10,  157. 

Classification  of,  Act  1803. 

County  seat,  Act  1803. 

Creation  of,  Act  1803. 

Officers,   deputies   and   assistants   and   salaries,    fees   and   allowances   of,    Act  837, 

§  194. 
Officers,  election  of,  Act  1803. 
Organization  of,    Act  1803. 
Population  of.  Act  837,  !  10. 

KINGS  RIVER. 

Destruction  of  fish  in  prevented.  Act  1328. 

KINGS  RIVER  CANYON. 

Highway  from  General  Grant  Park  to.   Act  1450. 

KINGS  RIVER   SWITCH   SCHOOL  DISTRICT. 

Portion  of  attached  to   Kingsbury   school  district,   Fresno   County,   Act  3548. 

KLAMATH  COUNTY. 

Annexed  to  Humboldt  and  Siskiyou,    Act  1808. 

Fences  in,  Acts  1134,   1135. 

Humboldt,    Mendocino,    Trinity    and   Klamath   counties,    boundaries   between,    Act 

813. 
Thistle,  propagation  prevented  in.  Act  4104. 


1620  INDEX. 

KLAMATH  RIVER, 

Navigability  of,  Act  1813. 

KNIGHTS  LANDING. 

Hogs  and  goats  prevented  from  running  at  large  in,  Act  1818. 
Bailroad  from  Marysville  to.  Act  2919. 


L 

LABELS. 

Drugs,  prevention  of  manufacture,  sale  or  transportation  of  misbranded  or  mis- 
labeled drugs,  Acts    29,  30. 

Fruits,   inspector  to  enforce  law  requiring  labels  on.  Acts  2101,   2103. 

Fruits,  marketing  or  branding  of  boxes,  barrels,   etc.,  containing.   Acts  2101,  2102. 

Furniture  stuffed  with  secondhand  material  to  be  stamped  and  labeled,  Act 
2062. 

Marks  and  brands,  act  relating  to,  Act  2099. 

Mislabeled  foods,  or  liquors,  manufacture,  sale  or  transportation  of,  prevention 
of.  Acts  29,  30. 

Stamping  and  labeling  produce  and  manufactured  goods,  fraud  in.  Act  2100. 

LABOB.      See  Master  and  Servant. 

Anti-trust  law,  labor  not  a   commodity  within  meaning  of.   Act  4166,  §  13. 

Bureau  of  labor  statistics.  Act  1828. 

Hours   of   labor   of   memhers    of   police    department    in    cities    and    counties.    Acts 

2728,    2729. 
Hours  of   service   of  members  of  police   department   in   cities   of  first   class.   Acts 

2728,  2729. 
Hours  of  labor  of  police  in  cities  of  first  and  one-half  class.  Act  2729. 
Hours  of  labor  of  police  in  cities  of  second  class,   Act  2729. 
Hours  of.     See  Hours  of  Labor. 

LABOR  BUREAU. 

Commissioner,  duty  of  to  enforce  educational  rights  of  children.  Act  1611a. 

Commissioner  of  statistics,  county  officers  to  furnish  information  to  of  mar- 
riages, divorces  and  crimes.  Act  1827. 

Commissioner  of  statistics,   statistics  of  deaths,  divorces  and  crimes.   Act  1827. 

Establishment   and   support   of.    Act  1828. 

Labor  commissioner  to  gather  and  distribute  statistics  concerning  Japanese,  Acts 
1733,  1734. 

LABORERS.      See  Master  and  Servant. 

Loggers   and,   in  logging  camps,   liens  of.   Act  1951. 

Materialmen,   mechanics,    or  laborers,    on   public   works,   liens   of.   Act  1950. 

Retaining  part  of  wages  of  laborers  on  public  works  a  felony,  Act  2594. 

Wages  of  ft  preferred  claim.   Act  1823. 

Wages   of,   on  threshing  machines,   liens   of,   Act  1949, 

LABOR  STATISTICS. 

Child  labor  law,   enforcement  of  by  commissioner   of.   Act  1611. 

LABOR  UNIONS. 

Button  of  labor  union,  unlawfully  wearing,  prevention  of.   Act  1830. 
Union   card,  unlawfully  using,  prevention  of,  Act  1831. 


INDEX,  1621 

LAEOKATOEY.      See   State   Laboratory. 

LADIES'  RELIEF  SOCIETY. 

Oakland,  common  council  authorized  to  pay  police  court  fines  to,  Act  2514. 

LAKE. 

Sale  of  lands  uncovered  by  recession  of,  Act  4031. 

LAKE  BIGLER.      See  Lake   Tahoe. 
Name   of  legalized,   Act  1833. 
Preservation  of  fish  in,  Act  1327. 

LAKE  COUNTY. 

Bonds  to  pay  judgment  against,  issuance  of  authorized,  Act  1838. 

Boundary  between  and  Colusa  County,  location  of.  Act  825. 

Boundary  between  and  Glenn  County,  location  of.  Act  825. 

Boundary   between    and   Mendocino    County,    location   of,    Act  825. 

Bounties  for  destruction   of  wild  animals  in,  Act  189. 

Classification    and   population    of,    Act  837,  §§  10,    157. 

District  attorney  of,   salary  of,   Act  1839. 

Fees  of  officers  in.   Act  1841. 

Funds  in,  transfer  and  loan  of  certain,  Act  1840. 

Goats,  prevented  from  being  herded  in.  Act  1844. 

Goats  prevented  from  running  at  large  in  certain  parts  of.   Act  1844. 

Highways   in,   Act   1842- 

Lake  and  Yolo  counties  boundary  line  between.  Act  820. 

Lakeport,  hogs  prevented  from  running  at  large  in,  Act  1855. 

Northern   boundary   line   of.   Act  817. 

Officers,    deputies   and   assistants,    and   salaries,    fees   and   allowances    of.    Act  837, 

§  202. 
Officers  of,  fees  and  salaries  of.  Act  1841. 
Population  of.  Act  837,  §  10. 
Roads  in.  Act  1842. 

Sheep  prevented  from  running  at  large  in    certain  parts  of.    Acts  1843,    1844. 
Sheep,   restricting  the  herding  of,   Acts  1843,   1844,   3617. 
Squirrels  in,  special  tax  for  purposes  of  exterminating,  Act  1845. 

LAKE  EARL. 

Drainage  of,  provision  for.  Act  1851. 
Navigability,  Act  1850. 

LAKE   MERRITT. 

Destruction  of  fish  and  game  in  prevented.   Act  1317. 

LAKEPORT. 

Hogs  prevented  from  running  at  large  in,    Act  1855. 

LAKES. 

Clear  Lake,   cession  to  United  States  government.  Act  1858. 

Clear  Lake  declared  navigable.  Act  607. 

Goose   Lake,   cession  to   United   States   government,   Act  1858. 

Irrigation,   cession   of  certain   lakes  to  federal  government  for,   Act  1858. 

Land  uncovered  by  recession,   cession  of  to  federal  government.   Act  1858. 

Lower    or   Little    Klamath    Lake,    cession    of    to    United    States    government.    Act 

1858. 
Reclamation,  cession  of  certain  lakes  to  federal  government  for,  Act  1858. 


1622  INDEX. 

LAKES.      (Continued.) 

Sale  of  lands  uncovered  by  recession  of,   Acts  2857,  4031. 

Sale  of  lands  uncovered  by  recession  or  drainage  of  lakes.  Acts  2857,  4031. 

Tule  or  Rhett  Lake,  cession  to  United  States  government,   Act  1858. 

LAKE   TAHOE.     See  Lake  Bigler. 

Construction  of  permanent  bridge  work  on  Lake  Tahoe  wagon  road,   Act  1859. 
State  authorized  to  secure  right  of  way  of  wagon  road  between  Smiths  Flat  and, 

Act  1861. 
Wagon   road,   appropriations  for  benefit  of,   Acts  1862,    1863. 
Wagon  road  commissioner,    creation  of  office  of,  Act   1860. 

LANDLORD  AND  TENANTS.      See  Leases. 

Forcible  entry  and  unlawful  detainer,   act  concerning.   Act   1208. 

Regulating  rights  of,   Act  1866. 

Tenement  houses,  regulation  of  building  and  occupancy  of,  Act  4097. 

LANDS.     See  Public  Lands. 

LARCENY. 

Crime  of  more   fully  defined,   Act  1871. 

Grand,  stealing  of  amalgam,  gold-dust,  or  quicksilver  is,  Act  1872. 

LASSEN  COUNTY. 

Animals  of  another,  wounding  in,  punishment  of,   Act  1593. 

Classification  and  population  of,   Act  837,  §§10,   157. 

District  attorney,   salary  of,  Act  1877. 

Fees  of  justices  in.   Act  1878. 

Fences  in,  tearing  down  of,  prevention  of.  Act  1593. 

Fires,   leaving  of,   punishment  of.   Act  1593. 

Hunting  on   inclosed  lands  in,  prevention  of,   Act  1593. 

Northern  boundary  of,  survey  of.  Act  816. 

Officers,   deputies  and   assistants  and   salaries,    fees   and  allowances   of,   Act   837, 

§  208. 
Passing  through   inclosures  and  leaving  them  open,  Act  1593. 
Plumas   and   liassen    counties,   boundaries   between,   Act  809. 
Population  of,  Act  837,  §  10. 
Roads  in,  Act  1880. 

School  moneys  in,   distribution  of.   Act  3542. 
Shasta    and   Lassen    counties,    boundary   line   between   changed    and   located,    Act 

821. 
Susanville,  hogs  running  at  large  in,  prevention  of,  Act  1065. 
Treasurer  of,  bond  of,  Act  1879. 

LAURITZEN  COMPANY. 

Authorized  to  sue  state,  Act  3795. 

LAW. 

Hastings  College  of  the  Law,  creation  of,  Act  1440. 

LAW  LIBRARIES. 

Cities  of  first  class,  fee  for,  Act  2348,  §  127. 

Establishment  of,  Act  1885. 

San  Francisco  Law  Library,  creation  of.   Act  3293, 

San  Jose,  law  library  in.  Act  3381. 

Supreme  court.     See  Supreme  Court  Library. 


LAWS. 

Abolition  of  laws  prior  to  1850,  Act  3882. 

LEASES. 

Counties  or  cities,  leases  by  of  tide  lands  belonging  to  state,  confirmed.  Act 
2385. 

Lease  of  property  of  veterans  by  county,  city  and  county,  or  town  authorized, 
Act  4287. 

Leases  and  other  contmcts  by  officers,  ratification  of,  Act  2546. 

Leavenworth,  C.  F.,  right  to  supply  water  to  Modesto  granted  C.  P.  Leaven- 
worth  and   assigns,   Act  2256. 

Railroad   corpoiations,   of,    Act  2917. 

Ratification  of  lease  of  China  Basin  in  San  Francisco,   Act  1890. 

Ratification   of  leases  made  by  officers  for  terminal   facilities,   Act  1890. 

Tide  or  submerged  lands  of  state,  lease  of  by  cities  or  counties  cuuflrmed,  Act 
2385. 

Water,  lease  of  by  irrigation  districts,  Act  1729. 

LEGACIES. 

Tax  on.      See  Taxation. 

LEGAL  TENDER. 

Legal  tender  notes  are  receivable  in  payment  of  taxes  and  debts.  Act  1895. 

LEGISLATION. 

Commission    for  promotion   of  uniformity  of,   Act  1900. 

LEGISLATURE. 

Conveyance   of   and   session   to   federal   government   of  lands   for  lighthouses.   Act 

1956. 
Lands  ceded  to  federal  government,  jurisdiction  of  state  over,  Act  1956. 
Legislative  districts,  division  of  state  into,   Acts  1905-1909. 
Supplies  for  members  of,  powers  and  duties  of  board  of  examiners.  Act  359. 

LEGITIMACY. 

Children  born  out  of  wedlock,  legitimizing,  Act  26. 

LEVEES. 

Sacramento    County,    additional    powers    conferred    on    levee    commissioners,    Act 

3071. 
Sacramento   County,   in,   construction   and  repair  of.   Act  3072. 

LEVEE  DISTRICTS.      See  Reclamation  Districts. 
Assessments,   levy  of.   Act   1913. 
Consolidated,   government   of.   Act  2982. 
Formation   and  government   of.   Acts  1913,   1914. 
Indebtedness,  funding  and  refunding  of,  Act  1921. 
Levees,  dikes,   etc.,  erection  of.  Act  1913. 
No.    1,    Sacramento   County,   organization   of.   Act  1916. 
No.  1,  Sutter  County,  act  relating  to.  Act  4003. 
No.   1,  Sutter  County,  boundary  and  care  of.  Act  2944. 
No.  1,  Sutter  County,  trustees  authorized    to    issue    bonds    to    fund    indebtedness. 

Act  2947. 
No.  2,   Sutter  County,   election  of  officers,   Act  1917. 
No.  2,   Sutter  County,   funding  indebtedness  of.   Acts   1917,  2945. 
No.  6,  Sutter  County,  boundaries  and  government  of,  Acts  1918,  2948. 


1624  INDEX. 

LEVEE  DISTRICTS.      (Continued.) 

No.  6,   Sutter  County,  funding  indebtedness  of,  Acts  1919,  2949. 

Organization   and   government   of,    Acts  1913,    1914. 

Swamp  land  district  funds  in  state  treasury,   transfer  of  to   treasurers  of  various 

counties.  Acts  1280,   1920. 
Water  users'  associations.      See  Water  Users'   Associations. 
Yuba,  Sutter,  and  Placer  counties,  in,  Act  1915, 

LEXINGTON. 

Name  of  changed  to  El  Monte,   Act  1926. 

LIBEL. 

Bond  for  costs  in  actions   for,   Act  1931. 

LIBRARIES.      See  Law  Libraries;   Public  Libraries;   Supreme  Court  Library. 
Gifts   and   donations   to,   encouragement  and   protection   of,    Acts  41G2,   4163. 
State  library.      See  State  Library. 
Trusts  for  benefit  of.  Acts  4162,  4163. 
Trusts  for  benefit  of,  determination  of  validity  of,  Act  4165. 

LICENSES. 

Aliens,  miners  license  from.   Act  1936. 

Aliens  not  eligible  to  become  electors,  not  to  issue  to.  Act  122. 

Architect,   annual  license  fee.   Act  224,  §  7. 

Bicycles,    tricycles    and    similar   vehicles,    license    fees,   using   for   constniction    of 

paths.   Act  1942. 
Bicycles,   tricycles  and  similar  vehicles,   licensing  of  authorized,   Act  2345. 
Bridge,    district    attorney    to    proceed    against    persons    neglecting    to    pay,    Act 

1938. 
Building  and  loan  associations,   of,   Act  429. 

Butter,  renovated,  license  of  manufacturers  and  dealers  in.   Act  468. 
Cities  of  first   class,    collector,    accounting,    report,    and  paying   over  moneys,    Act 

2348,  §  139. 
Cities    of    first    class,    collector,    appointment    of,    Act  234?,  §  138. 
Cities    of    first     class,     collector,     deputies    of    and     salaries    of.     Act  2348,  §  26, 

subd.  19. 
Cities  of  first  class,    collector,   powers   and   duties   of,   and   of  deputies.    Act  2348. 

§  138. 
Cities  of  first  class,   collector,   salary  of,   Act  2348,  §  26,   subd.   19. 
Cities  of  first  class,    collector,    vacancies    filling    of    and    term    of    appointee.    Act 

2348,  §  138. 
Cities    of    first    class,    collector,    validity    of    licenses    signed    by    or    by    depuites. 

Act  2348,  §  139. 
Cities  of  second  class,    license   on    common    carriers,    Act  2348,  §  333. 
Cities  of  second  class,   licenses  in,  Act  2348,  §§  323,    331,   333. 
Cities  of  second  class,    property    and    business    that    may    be    licensed.    Act  2348, 

§  321. 
Cities   of  third  class,   collector,    salary  of,    Act  2348,  §  506. 
Cities  of  fourth  class,    ordinances    affecting,    ayes    and    noes    to    be    entered    on 

journal.    Act  2348,  §  634. 
Cities  of  fourth  class,    ordinance    affecting,    majority    vote    necessary.    Act  2348, 

§  635. 
Cities   of   fifth   class,    powers    of    supervisors.    Act  2348,  §  764,    subd.    10. 
Cities  of   fifth   class,   treasurer  is   ex   officio   license    collector.    Act  2348,  §  751. 
Cities  of  sixth  class,    licenses   in,    Act  2343,  §  862,    subd.    10. 


INDEX.  162S 

LICENSES.      (Continued.) 

Cities  of  sixth  class,  marshal,  is  ex  oflRcio  license  collector,   Act  2348,  $  851. 

Collector,  county  officer,  is,   Act  837,  §  55. 

Collector,  percentage    on    licenses    collected,    Act  837,  §  215. 

Collectors  of  licenses  in  particular  classes  of  counties.      See  Counties. 

Collector,  tax  collector  is  ex  officio.  Act  837,  §  55. 

Collectors  salaries,  payments   of  legalized,   Act  1939. 

Collectors  salaries,  supervisors  authorized  to  pay,  Act  1939. 

Corporations,  license  tax  upon,  Act  757. 

Dentistry,  license  to  practice.      See  Dentistry. 

District  attorney    to    proceed   against   persons    neglecting   to   pay   ferry   or   bridge 

license,   Act   1938. 
Employment  agents,  license  of,  Act  1037. 
Exempt    from   payment   of   county   licenses,    ex-soldiers,    sailors    and   marines    are. 

when.    Act   837,  §  25,  subd.  25. 
Ex-soldiers  and  sailors  permitted  to  sell  goods  without,  Act  3692. 
Ferry,   district  attorney  to  proceed  against  persons  neglecting  to  pay,   Act  1938. 
Fishing,   license  for.   Act    1298. 
Horseless  vehicles,  licenses  on,  Act  1942. 

Horseless  vehicles,  on,  funds  derived  from  how  applied,  Act   1942. 
Hunting  of  game  birds  and  animals,  license  for,  Acts  1296,  1297. 
Itinerant  venders,  definition   of.   Act   1941,  §  3. 
Itinerant  venders  of  drugs,  nostrums,  etc.,  to  cure  disease,  disposition  of  receipts, 

Act   1941. 
Itinerant  venders  of  drugs,  nostrums,  etc.,    to  cure  disease,  license  upon,  Act  1941. 
Imposing  of,  powers  of  supervisors.   Act   837,  §  25,  subd.  25. 
Intoxicating   liquors,    to    sell,    voters   permitted    to    vote   on   question   of   granting, 

Act    1687. 
Maternity   and   lying-in  hospital,   licensing.   Act   1523, 
Miners'  licenses   from  foreigners.   Act   1936. 

Miners,  not  to  issue  to  aliens  ineligible  to  become  citizen.  Act  1937. 
Particular   county.      See  particular   title. 

Sheep  business,  power  of  supervisors  to  impose  licenses  on  limited,  Act  1940. 
Supervisors  of  county,  power  to   impose.   Act   837,  §  25,  subd.  25. 
Surveyors,  Act   3990. 
Tax  collector  ex  officio   license   collector.   Act  837,  §  55. 

LIENS. 

Estray  animals,  for  keeping,  Act   1060,  |  1. 

Estrays,  persons  taking  up  and  caring  for.  Act  1060. 

Exemption  of  property  of  building  and  loan  association  pending  liquidation,   Act 
429. 

Expense  of  extermination  of  rodents,  lien  for.   Act  2506a. 
,     Laborers   on    threshing   machines,   liens   of,    Act   1949. 

Livestock  kept,  fed,  or  pastured,  on.  Act   1947. 

Loggers  and  laborers  in  logging  camps,   of,  Act   1951. 

Materialmen,  mechanics  or  laborers  on  public  works,   of.  Act   1050. 

Owners  of  bulls,   stallions  or  jacks  used  for  propagation,   of.   Act   1948. 

Wages  of  laborers  on  threshing  machines,   of,  Act  1949. 

LIFE  INSUEANCE.      See  Insurance. 

LIGHTHOUSES. 

Conveyance  of  and  cession   to   federal   government  of  lands  for,   Acts  1956,  2446. 
Governor  authorized  to  convey  to  United  States  sites  for.  Acts  1956,  2446. 

LIGHTS.      See  Highways. 


LIME  POINT. 

Jurisdiction  over  lands  near,  ceded  to  United  States,  Act  4215. 

LIMITATIONS.     See  Statute  of  Limitations. 

LINCOLN,  ABRAHAM. 

Birthday  of,  as  legal  holiday,  Acts  1470,  1471, 

LIQUORS.      See  Intoxicating  Liquors. 

LITERARY  CORPORATION. 

Formation  of,  Act  319. 

LITTLE  KLAMATH  LAKE. 

United  States  government  authorized  to  lower  level  of  and  use  lake  or  bed  for 
irrigation  or  reclamation.  Act  1858. 

LIVERMORE. 

Incorporation  of,  Act  1961. 

LIVERY-STABLE  KEEPERS.      See  Stable-keepers. 

LIVESTOCK. 

Lien  on  livestock  kept,  fed  or  pastured,  Act  1947. 

Life,  health  and  accident  insurance  of  livestock,  assessment  plan.  Act  1672a. 

LIVESTOCK  INSPECTOR. 

Appointed  when.  Act  837,  §  55i^. 
County  officers,  are.  Act  837,  §  55. 
Powers  and  duties  of.  Act  837,  §  152  ^^. 
Salary  of  and  how  paid.  Act  837,  §  55>^. 
Term  of  office,  Act  837,  §  55  Vi. 
To  be  veterinary  surgeon.  Act  837,  §  54. 

LOAN  COMMISSIONERS. 

Additional  powers  granted  to,  Act  2824. 

LOANS.      See  Building  and  Loan  Associations. 

Incorporation  of  associations  for  loaning  money  on  personal  property,  Act  758. 
Incorporations  for  loaning  money  on  personalty,   regulation  of.  Act  758. 
Limit  of  rate  of  interest  on  loans  on  personalty.  Act  758. 

Rate  of  interest  chargeable  by  personal  property  brokers,  limit  on.  Act  2637. 
Regulation  of  charges  and  of  business  of  loaning  money.  Act  2637. 

LODGING-HOUSES. 

Keepers  not  to  turn  gas  off  at  meters.  Act  1343. 
Number  of  cubic  feet  for  each  person,  Act  1966. 

LODI. 

Fire  limits  of.  Act  2272. 

Mokelumne  Hill,  name  changed  to  Lodi,  Act  2271. 

LOGGERS. 

Laborers  and,  in  logging  camps,  liens  of.  Act  1951. 

LOGGING  CAMP. 

Lunch  hour  for  laborers  in  mills  and  logging  camps.  Act  2139. 

LOGS. 

Booms  to  hold,  supervisors  authorized  to  permit  building,  Act  4362. 


INDEX.  1627 

LOGS.      (Continued.) 

Facilitating  chiving  of  in  Mad  River,  Act  2059. 

Humboldt   County,   scaling  of   logs  in.  Act   1563. 

Penalty  for  driving  into  logs  substances  liable  to  injure  saws,  Act  2049. 

Scale  for  measuroment  of.  Act    1971. 

Supervisors   authorized  to   declare   innavigable   streams  highways   for,   Act  4361. 

LONG  BAR  TOWNSHIP. 

Yuba  County,  prevention  of  trespassing  of  animals.  Act  4484. 
Yuba  County,  protection  of  agriculture  in.  Act  4484. 

LOS  ANGELES  CITY. 

Armory  for  national  guard,  erection  of,  in.  Act  2433. 

Board  of  education  of,   creation  of.  Act  1979. 

Board  of  public  works   for,   creation   of.   Act  1985. 

Bonds  for  improvement  of  irrigation  in,  Act  1981. 

Bonds  for  improving  water  supply  of.  Act   1982. 

Bonds  for  special  school  building  fund,  Act  1979. 

Bonds  for  widening  Los   Angeles   Street,   Act   1983. 

Bonds,  issuance  of,  for  main  public  sewer,  Act   1981. 

Charter  of.  Acts  1975-1978. 

Construction  of  telegraph  line  from,  to  Wilmington,  Act  4093. 

Council,   acts  of  ratified.   Act   1984. 

Dedication  to  public  use  for  street  purposes  of  lands  of  state  normal  school.  Act 

1989. 
Exposition  building,  erection  of  at.  Act   1990. 
Normal  school  at.  Act  3554. 
Public   library,    establishing    in.    Act   1986. 
School  law  of,   special,  Act   1987. 
Watercourses,  concerning.  Act   1988. 

LOS  ANGELES  COUNTY. 

Agriculture,  protection  of,  in,  Act  1993. 

Animals  of  another,  wounding  in,  punishment  of.  Act  1593. 

Animals,   trespassing,    distraining   of,   Act   1993. 

Animals,  trespassing,   in,  Act   1064. 

Animals,  wild,   destruction  of  in.  Act   188. 

Artesian  wells,  regulation  of  and  prevention  of  waste.  Acts  245,  1994. 

Assessor,  compensation  of  for  collection  personal  property  tax.  Act   1995. 

Assessor,  no  compensation  for  collections  or  making  military  roll,   Act  837,   §  215. 

Bridge  across  Santa  Ana  River,  supervisors  authorized  to  build.  Act  2013. 

Classiticatiou  and  population  of.  Act  837,  §§  10,  157. 

Constable,   additional,   for.   Act  2004. 

County  clerk,  fees  and  compensation   of,  Act  1996. 

District  attorney,  deputy,  supervisors  to  authorize  appointment.  Act  1997. 

El  Monte,   name   of  Lexington   changed   to.   Act   1926. 

El  Monte   township,   protection  from   overflow.   Act   1998. 

Examination  and  counting  of  funds  in  treasury,  Act  464. 

Fees  of  officers  in.  Acts   1996,  2006,  2007. 

Fences  in,   tearing  down   of,  prevention   of.   Act   1593. 

Fires,  leaving  of,  punishment  of.  Act  1593. 

Grand  jurors,   fees  of.   Act    1999. 

Growing  timber  on  private  grounds,  destruction  of  prevented.  Act  1577. 

Highways  in.  Acts   2000-2002. 

Highways  in,  repeal  of  laws  relating  to.  Act  2002. 

Hunting  on  inclosed  lands  in,  prevention  of,  Acta  1577,  1593. 


1628  INDEX. 

LOS  ANGELES  COUNTY.      (Continued.) 

Inclosures,  passing  through  and  leaving  open,  Act   1593. 

Irrigation  in,  promotion  of,  Art   2003. 

Judges   of   superior  court,  increase  of.  Acts   2011,  2012,  2014. 

Justices  of  the  peace,  additional,  for.  Act  2004. 

Lexington,  name  of  changed  to  El  Monte,  Act   1926. 

Matron  for  county  jail.   Act   837,  §2141/2. 

Normal   school,  branch,   establishment  of  in.   Act   3554. 

Notary   public,    additional  for,   Act   2005. 

Officers,  deputies  and  assistants  of,  and  salaries  of,  Act  837,  §  159. 

Officers  in,  Act   2006. 

Officers  in,   salaries  of.   Acts   1995,  1996,  2007-2009. 

Officers  of,  and  salaries,   fees   and   allowances   of,   Act   837,  §  159. 

Population    of.    Act   837,  §  10. 

Salaries  in.  Acts  1995,1996,2007,2008,2009. 

Santa  Ana  River,   supervisors  authorized   to  build  bridge   across.   Act  2013. 

Seagulls  at  Santa  Monica,  protection  of.  Act   1315. 

Sheriff,  fees  of.  Act  2009. 

Squirrels,  and  gophers,    destruction   of,    Acts   188,  2010. 

Surveyor,   fees  and  compensation  of.   Act    1996. 

Treasurer  of,   examination  and  counting  of  funds  in   treasury,   Act   464. 

Treasury  of,   better  protection   of.   Act   464. 

Trespassing  animals  in,  Acts   10C4,  1993. 

Water  commissioners  for.   Act   4365. 

Water,  prevention    of   waste   of,    Act    1994. 

Waters,  overseer  to  regulate,  Act  4365. 

LOS  NIETOS. 

Irrigation   in,   Act   2018. 

LOS  NIETOS  COLLEGIATE  INSTITUTION. 

Powers  and  privileges  conferred  on  trustees.   Act   2023. 

LOST  INSTRUMENTS  OR  RECORDS.      See  Burnt  or  Destroyed  Records  or  Doca- 
ments. 
Actions   against   state   to   quiet   title   to  land   sold   by   state   where   deed  or  patent 
lost,  Act   3794. 

LOST  PROPERTY. 

Act   concerning.   Act   2028. 

LOST  WARRANTS. 

Payment  of  lust  controller's  warrants.   Acts  2033,  4328. 

LOTTERIES. 

Prohibition  of,  Acts  2038,  2039. 

LOVE,  JOHN  LORD. 

Authorized   to   sue   state,   Act  3790, 

LOWER  KLAMATH  LAKE. 

United   States  government  authorized  to  lower  level  of,   and  use  lak»  or  bed  for 
reclamation   or  irrigation,   Act  1858. 

LOWER  LAKE. 

Hogs  prevented  from  running  at  large  in.  Act  2044, 


INDEX.  1629 

LUMBER.     See  Logs. 

Facilitating  driving  of  logs  in  Mad  River,  Act  2059. 

Supervisors   authorized   to   declare   innavigable   streams  highways  for,    Act  4361. 

LUMBER  MANUFACTURERS. 

Lunoh  hour  for  laborers  in  sawmills,  shake-mills,  shingle-mills  and  lumber  camps, 

Act   2139. 
Penalty  for  driving  into  logs  substances  liable  to  injure  saws,  Act  2049. 

LUNATICS.      See  Insane   Asylums;   Insane  Persons. 

LUNCH  HOUR. 

For  iaborerg  in  mills  and  logging  camps,  Act  2139. 

M 

MADERA  COUNTY. 

Boundaries  of,   Act   2054. 

Classification  and  population  of.  Act   837,  §§  10,  157. 

Classification  of.  Act  2054. 

County  seat,   Act   2054. 

Creation    of.   Act  2054. 

Officers,  deputies  and  assistants  of,  and  salaries,  fees  and  allowances  of,  Act  837, 

§  201. 
Organization   of  and   election   of   officers,   Act  2054. 
Population  of,  Act  837,  §  10. 

MAD  RIVER. 

Facilitating  driving  of  logs  in  Mad  River,  Act  2059. 
Improvements  of  and  its  north  fork,  Act  2059. 

MAIL. 

Carriers  permitted  to  ride  free  on  street-cars,  Act  2930. 

MANUFACTURERS. 

Adulterated,  mislabeled  or  misbranded  goods,  manufacture  of,  forbidden.  Act  29. 
Drugs,  manufacture  of  adulterated,   mislabeled   or  misbranded,   prevention  of,   Act 

30. 
Factories  for  dairy  products,  inspection  of.  Act  877. 
Formation  of  corporation  for  direct  promotion  of.  Act   290. 

Furniture  stufTed  with  secondhand  material  to  be  labeled  and  stamped,  Act  2062. 
Logs.      See  Logs. 

Lumber  manufacturers.     See  Lumber  Manufacturers. 
Manufacturing  purposes,  formation  of  corporation  for.   Acts  763,764. 
Peaalty  for  driving  into  logs  substances  liable  to  injure  saws,  Act   2049. 
Proper   sanitary  condition  of  factories   and  workshops,   provision   for.   Acts   1098, 

2138,  2841. 
Stamping  and  labeling  produce,   etc.,   fraud  and  imposition  in,   Act  2100. 
Wines,  deception  in  manufacture  of,  prevention  of,   Act  45. 

MAPS. 

Copies  of  maps  kept  by  officers  which  have  been  destroyed  by  conflagration.  Act 

442. 
Filed  for  purposes  of  sale,  requisites  of,  Act  2064. 
Recording  of  for  purpose  of  sale,   Acts   2064,  2065. 
Sale  of  lots  before  recording  maps,  penalty,  Acts  2064,  2065, 


1630  INDEX, 

MARIN  C0UNT7. 

Classification  and  population  of,  Act  837,  §§  10,  157. 

Corte  Madera  Creek,  navigability  of.  Act  2069. 

Cost  of  physician  inquiring  into  sanity  of  convict  in  state  prison,  a  state  charge, 

Act  2070. 
Costs  of  coroner's  inquiry  into  death  in  state  prison  a  state  charge,  Act  2070. 
Destruction  of  fish  in  Bolinas  Bay  prevented,  Act  1324. 
Fences,  lawful  in,  Act   2071. 
Galinas   Slough  declared  navigable,   Act  1288. 

Growing  timber  on  private  grounds,  destruction  of  prevented,  Act  1577. 
Guyamas  Creek,  navigability  of.  Act  2069. 
Hides  of  slaughtered  cattle,   keeping  of,   Act   182. 
Hunting  on  private  inclosed  grounds  in,  prevention  of,  Act   1577. 
Jurisdiction  over  lands  near  Lime  Point  ceded  to  United  States,  Act  4^15. 
Lime  Point,  jurisdiction  over  lands  near  ceded  to  United  States,  Act  4215, 
Novato  Creek  in,  declared  navigable,  Act  2505. 
Officers,   deputies  and  assistants  of,   and  salaries,  fees  and  allowances,   Act  837, 

§  186. 
Officers  of,   compensation  of.  Act  2072. 
Population   of,   Act   837,  §  10. 
Road  overseers  in,   election  of,   Act  2073. 
Road  poll  taxes  in,  collection  of.  Act  2080. 

San  Antonio  or  Keyes  Creek,  declared  navigable.  Acts  1798,3097. 
San  Rafael  Creek,  navigability  of,  Act  2069. 
Saucelito   Creek,   navigability  of,   Act  2069. 
School  moneys,  distribution  of.  Act  2076. 
Schools,   Dixie  district,   Act   2075. 
Sheep,  restriction  of  herding  of.  Acts  2077,  3617. 

Stock  prevented  from  running  at  large  upon  roads  and  highways.  Act  2078. 
Superintendent  of  schools,   salary  of.  Act   2074. 
Tax  collector,  bond  of.  Act  2079. 

MARINES.     See  Soldiers  and  Sailors. 

MARIPOSA  BIG  TREES.     See  Big  Tree  Grove. 
Receded  to  federal  government.  Act  4470. 

MARIPOSA  COUNTY. 

Branding  of  calves  in.  Act  183. 

Classification  and  population  of.  Act  837,  §§  10,  157. 

Free  wagon  road  from  Mariposa  to  Yosemite  "Valley,  Act  4467. 

Licenses,  collection  of.  Act  2085. 

Mariposa  and  Fresno  counties,  boundary  line  between.  Act  815. 

Officers,  deputies  and  assistants  of,  and  salaries,  fees  and  allowances  of,  Act  837, 

§  206. 
Officers  of,  salaries  of.  Act  2086. 
Population  of,  Act  837,  §  10. 

Repeal  of  act  for  free  wagon  road  from  Mariposa  to  Yosemite  Valley,  Act  1450. 
Roads  and  highways  in,  maintenance  and  construction  of.  Act  2087. 
Slaughtered  animals,   record  of,   keeping   of,   Act   183. 
Slaughtered  cattle,  hides  of,   keeping  of.   Act   183. 
Stallions  prevented  from  running  at  large  in,  Act   1063. 
Tax,  additional,  in,  levy  of.  Act  2089. 
Treasurers  of,  bond  of.  Act  2088. 

MARIPOSA,  TOWN  OF. 

Free  wagon  road  from  to  Yosemite  Valley,  Acts  1450,  4467. 


INDEX.  1631 

MARKET. 

Kstviblishment  of  free  public  market  on  waterfront  of  San  Francisco,  Act  3228. 
Public,  harbor  commissioners  authorized  to  maintain,  Act  1430. 

MARKLEEVILLE. 

Incorporatioa  of,  Act   2094. 

MARKS  AND  BRANDS. 

Act  relating  to.  Act  2099. 
Cheese,  brands  for.      See  Cheese. 

Fraud  and  imposition  in  matter  of  Btamping  and  labeling  produce   and  manufac- 
tured goods,  Act  2100. 
Fruits,  inspector  to  enforce  law  requiring  labels  on.   Acts  2101,  21C)2. 
Fruits,  marking  or  branding  of  boxes,   barrels,   etc.,   containing,   Acts  2101,  2102. 

MARRIAGE. 

Regulation   of.   Act   2107. 
Statistics  of,   Act   1827. 

MARRIED  WOMEN.      See  Husband  and  Wife. 
Earnings   of,   protection  of,   Act   2111. 

Fraudulent,  conveyance  or  incumbrance  by,  prevention  of.  Act  2110. 
Placing  of  in  houses  of  prostitution,  prevention  of,_  Act  2796. 
Real   estate,   authorized  to   convey.  Act   2109. 
Separate  property  of,   protection  of,  Act  2111. 
Sole  traders,  authorized  to  do  business  as,  Act  2108. 

MARSHALL  MONUMENT. 

Guardian  for,  appointment  and  duties  of,  Act  2116. 

MARSHALS. 

Cities  of  fifth  class,  bonds  of.  Act  2348,  §  753. 

Cities  of  fifth  class,  compensation  of,  fees   and  mileage  of.   Act  2348,  §  755. 

Cities  of  fifth  class,  election  and  term  of  office,  Act  2348,  §  752. 

Cities  of  fifth  class,  ex  officio  superintendent  of  streets  and  health  officer,  Act  2348, 

§  751. 
Cities  of  fifth  class,  police  department  under  control   of.   Act  2348,  §  790. 
Cities  of  fifth  class,  powers   and   duties    of.    Act  2348,  §  790. 
Cities  of  sixth  class,  bond  of.  Act  2348,  §  853. 

Cities  of  sixth  class,  compensation,   fees  and  mileage  of.   Act  2348,  §  855. 
Cities  of  sixth  class,  election  and  term  of  office.  Act  2348,  §  852. 
Cities  of  sixth  class,  ex  officio  tax  and  license  collector,   Act  2348,  §  851. 
Cities  of  sixth  class,  powers  and  duties  of.  Act  2348,  §  880. 
City  marshal.      See  particular  city. 

Fees  of  in  criminal  action  not  a  county  charge.  Act  1125. 
Tax  collector,  performance  of  duties  of.  Act  4043,  §  8. 

MARSH  LANDS.      See  Swamp  and  Overflowed  Lands. 

Cutting  and  carrying  away  timber  from  lands.   Act  1404. 

MARTINEiZ. 

Animals  running  at  large  in,   Act  2122. 

Incorporation  of,   Act  2121. 

Lands  opposite  to  covered  by  Carquinez  Straits  released  to.  Act  2123. 

MARYSVILLE. 

Bridge  across  Feather  River  declared  a  free  bridge,  Act  1103. 
Levees,   construction  and  repair  of.   Act  2129. 


1632  INDEX. 

MARYSVILLE.      (Continued.) 

Levee  indebtedness  of,  funding  of,  Act  2130. 

Police   court  in,   establishment  of,   Act   2131. 

Railroad  from,   to  Knights  Landing,  Act   2919. 

Reincorporation  of,  Act  2128. 

Superintendent  of  public  schools,   salary  of,  Act  2132. 

MARYSVILLE  TOWNSHIP. 

Protection  of  agriculture  and  prevention  of  trespassing  of  animals,   Act  4484. 
Yuba  County,  prevention  of  trespassing  animals,  Act  4484. 

MASTER  AND  SERVANT. 

Apprentices.      See  Apprentices. 

Arbifrr.tion.      fee   Arbitration. 

Conspiracy,  meaning  of  limited  in  disputes  between,  Act  687. 

Corpurations    to   pay  employees   monthly   or  weekly.   Acts    772,  773. 

Employee  entitled  to  one  day  in  seven  for  rest,  Acts   2187,  3952. 

Employment  agents,  duties  and  liabilities  of.   Act   1036. 

Employment  agents,  license   of.   Act   1037. 

Employment  agents,  regulation    of.    Act   1037. 

Hours  of  labor.      See  Hours  of  Labor. 

Injunctions,  use  of  in  dispute  between  limited,  Act  692. 

Labor  statistics,   bureau   of,    Act  1828. 

Labor  unions.      See  Labor  Unions. 

Liens  of  laborers  on  threshing  machines,  Act   1949. 

Loggers  and  laborers  in   logging  camp,   liens  of.   Act   1951. 

Lunch  hour  for  laborers  in  mills  and  logging  camps,  Act   2139. 

Materialmen,   mechanics  or  laborers  on  public  works,   liens*  of.    Act   1950. 

Minimum  rate  of  compensation   for  labor  on  public  works.   Act   2895. 

Misrepresentations   of   conditions   of  employment  a  misdemeanor.   Act   2140. 

Payment  of  materialmen  and  laborers  on  public  works,  securing,  Act  2895. 

Preferred  creditors,   laborers  are.   Act   1823. 

Restraining  orders,  use  of  in  disputes  between,  Act   692. 

Sanitary    condition   of   workshops    and   factories,    providing   for.    Acts   1098,  2138, 

2841. 
Soldiers,  sailors  and  marines  preferred  in  public  service.  Act  2893. 
Temporary  floors  in  buildings  more  than  three  stories  high,  Act  2141. 
Wages  of  laborers  on  threshing  machines,  liens  for.   Act  1949. 

MASTERS. 

Vessels  of,  duties  of  in  relation  to  passengers  arriving.  Act   1587. 

MATERIALMEN. 

Mechanics  or  laborers  in  public  works,  liens  of,  Act  1950. 

MATRON.     See  Jails;   Prisons. 

MAYOR. 

Bonds  of.      See  Bonds. 

Cities  of  first  class,  duties  in  reference   to  contracts.   Act  2348,  §  204. 

Cities  of  first  class,  mayor  pro   tempore,   Act   2348,  §  119. 

Cities  of  first  class,  mayor's  clerk,  appointment    and   salary,    Act  2348,  §  26,  subd   1, 

Cities  of  first  class,  qualifications,  powers  and  duties  of,  Act   2348,  §  118. 

Cities  of  first  class,  salary  of.   Act   2348,  §  26,  subd.  1. 

Cities  of  first  class,  special  sessions  of   council,   calling,  Act   2348,  §  120. 

Cities  of  second  class,  allowance   of   salary.   Act    2348,  §  371. 

Cities  of  second  class,  clerk,  appointment  and  salary  of.  Act  2348,  §  307. 


INDEX.  1633 

MAYOE.      (Continued.) 

Cities  of  second  class,  duties  and  powers  of.  Act  2348,  §§  370,  371. 

Cities  of  second  class,  salary  of.  Act   2348,  §  307. 

Cities  of  third  class,  election  and  term  of  office.   Act  2348,  §  502, 

Cities  of  third  class,  powers  and  duties  of.  Act  2348,  §  550. 

Cities  of  third  class,  presides   at  meetings  of   common  council.   Act  2348,  §  521. 

Cities  of  third  class,  salary   of.   Act   2348,  §  506. 

Cities  of  third  class,  supervisors,  presides  over  meetings,  Act  2348,  §  521. 

Cities  of  fourth  class,  absence    or    disability    of    or    vacancy,    proceedings    on,    Act 

2348,  §  671. 
Cities  of  fourth  class,  a  member  of  city  council,  Act  2348,  §§  620,  621. 
Cities  of  fourth  class,  compensation,  act  without,  Act  2348,  §  608. 
Cities  of  fourth  class,  election  and  term  of  otfice.  Act   2348,  §  602. 
Cities  of  fourth  class,  powers   and   duties   of,   Act   2348,  §  670. 
Not  required  to  act  as  judge  or  justice  in  cities  over  10,000,  Act  2145. 
Ordinances  and  resolutions  to  be  presented  to.  Act  2583. 

McENERNEY  ACT. 

For  establishment  of  titles.      See  Establishment  of  Titles. 
Supplementary  act  providing  for  recording  notices  of  ownership.  Act  437. 
To   restore   titles.   Acts  436,  1048.     See   Establishment   of  Titles. 

MEADOW  LAKE. 

Incorporation  of,  Act  2150. 

MEASURES.     See  Weights  and  Measures. 

MECHANIC  ARTS. 

Assent  of  state  to  act  of  Congress  applying  proceeds  of  public  land  for  college, 

Act;   634. 
Formation  of  corporations  for  direct  promotion  of.  Act  290. 
Formation  of  corporation  for  mechanical  purposes,  Acts  763,  764. 

MECHANICS'  INSTITUTE. 

Acknowledgments  by,  validated.  Act   19. 

Formation   of,    Act   568. 

Of  San  Francisco,  authorized  to  mortgage,   sell  or  convey  realty,  Act  2155. 

MECHANICS'  LIENS. 

Mechanics,  materialmen  or  laborers  on  public  works,  liens  of,  Act  1950. 
Public  works,  on.  Act   2895. 

MEDICAL  COLLEGES. 

Of  University  of  California,  Act  4256. 

MEDICINE.      See  Optometry;   Osteopathy;  Veterinary  Surgery, 
Anatomy,  promotion  of   study  of.   Act   937. 
Anatomy,  study  of,  provided  for,  Act   174. 

Board  of  examiners,  appropriation  for  restoration  of  lost  records  of,  Act  2162. 
Dental  law  does  not  alifect  physicians,   Act  922,   §  24. 
Dentistry.      See   Dentistry. 

Dissection,  surrender  of  dead  bodies  for.  Act  937. 
Medical  department  of  University,  Act  4256. 

Medical  examiners,  act  of  1901  providing  for  appointment  of,  Act  2162, 
Nursing.      See  Nursing. 

Practice  of  medicine,  surgery,    osteopathy   and  other  systems  of   treating   sick,   act 
of   1907   regulating.   Act   2163. 
G«n.  Laws — 108 


1634  INDEX, 

MEDICINE.      (Continued.) 

Practice  of  medicine  and  surgery,  regulation  of,  Acts  2161,2162,2163. 

Register  of  Board  of  Medical  Examiners,  reproduction  of  on  destruction  by  Are, 

Act  438. 
Regulation  of  medical  practice  to  prevent  blindness  in  infants,  Act  2160, 
Surrender  of  dead  bodies  for  dissection,  Act  937. 

MELONE  DRURY. 

Authorized  to  sue  state.  Act  3790. 

MENDOCINO  COUNTY. 

Big  River  Township,  free  bridges  in.  Act  2167. 

Boundary  between  and  Lake  County,  location  of.  Act  825, 

Boundary,  eastern,  of,  location  of.  Act  826. 

Bounties  for  destruction  of  wild  animals  in,  Act   189. 

Bridges  in,  purchase  and  erection  of.  Act  2168. 

Classification  and  population  of.  Act  837,    §§  10,   157. 

County  cleric  of,   salary  of.  Act   2170. 

Disposal  of  lots  in  towns  on  public  lands  in.  Act  2169. 

Federal  act  for  relief  of  citizens  of  towns  on  public  lands,  Act  2169. 

Fees  of  officers  of.  Act  2171. 

Fishing  in  by  weirs,  dams,  nets,  seines  or  traps,  prevention  of.  Act   1389. 

Growing  timber  on  private  grounds,  destruction  of  prevented,  Act   1577. 

Humboldt,    Mendocino,    Trinity    and    Klamath    counties,    boundaries   between,    Act 

813. 
Hunting  on  private  inclosed  grounds  in,  prevention  of.  Act   1577. 
Officers,    deputies   and   assistants   &nd   salaries,    fees   and   allowancss   of,   Act  837, 

§  171. 
Officers  of,  fees  of.  Act  2171. 
Population  of.   Act   837,  §  10. 
Recorder  of,  salary  of.  Act  2171. 
Roads  in,  building  and  improvement  of,  Act  2163. 
Road  laws,  special,  repeal  of,  Act  2172. 
Sheep,  restricting  the  herding  of.  Act   3617. 
Sheriff  of,   salary  of,   Act   2170. 

Stallions  prevented  from  running  at  large  in.  Act  1063. 
Supervisors  in,  election  of.  Act  2173. 

MENDOCINO  STATE  INSANE  ASYLUM.      See  Insane  Asylums. 

MENLO  PARK. 

Incorporation  of.  Act  2178. 

MERCED  CITY. 

Fire  in,  protection  against,  Acts  1251,  2183. 

MERCED  COUNTY. 

Animals,  trespassing  of  in.  Act   1071. 

Animals,  wild,   destruction   of  in.   Act   188. 

Classification  and  population  of.  Act   837,   §§  10,   157. 

County  clerk  and  recorder,  separation  of  offices  of,  Act  2188. 

Gophers   in,   destruction  of.   Acts   186,  188. 

Licenses,  collection  of.  Act   2189. 

Officers,  deputies  and  assistants  and  salaries,  fees  and  allowances,  Act   837,  5  196. 

Officers  of,   salaries  of.  Act   2188. 

Poll  taxes  in,   collection  of,  Act  2190. 

Population  of.  Act  837,  §  10. 


INDEX.  1635 

MERCED   COUNTY.      (Continued.) 

Public  administrator,   bond  of,   Act   2191, 

Recorder  and  county  clerk,  separation  of  oflfices  of,  Act  2188. 

San   Benito   County,   transcription  of  matters   of  record   from  Fresno   and  '^^er^.^ed 

counties  to,   Act   3107. 
Snelling,    supervisors    authorized   to   sell   courthouse   block   and   buildings    in,    Act 

2192. 
Squirrels  in,   destruction  of.   Acts  186,  187,  188. 
Stallions  prevented  from  running  at  large  in,  Act  1063. 
Water  commissioners  for.  Act   4366. 
Witness  fees  in,  Act  2193. 

MERGER. 

Incorporation  and  government  of  merged   cities  and   counties  of  100,000   inhabit- 
iints,  Act   2339. 

MEXICAN  GRANTS. 

Preservation  of  papers  relating  to  Spanish  land  claims,  Act  3744. 
Settlers  on  lands  within  Mexican  grants  restored  to  public  domain,  rights  of,  Act 
2854. 

MEXICAN  WAR. 

Associated  veterans  authorized  to  lease  or  exchange  lands,  Acts  2197,  4284. 

MILEAGE. 

For  services  of  papers  or  process  issued  outside  of  county.  Act  837,  §  215. 

MILITARY  ACADEMY. 

Arms  and  accoutrements,   furnishing  to,   Acts   230,  2200. 
Issuing  arms  and  accoutrements  to.  Acts   230,   2200. 
Rank  of  military  instructor,   Act   2200,  §  1. 
Requisition  for  arms  and  accoutrements.  Act   2200,  §  3. 

MILITARY  LAW.      See  Soldiers  and  Sailors;  Veterans'  Home. 

Jurisdiction   over   lands   acquired   for   military   purposes    ceded   to   United    States, 

Act  3829. 
Relinquishment  to  United  States  of  lands  required  for  military  or  naval  purposes. 

Act   4214. 
Title  to  tide  lands  adjacent  to  lands  held  for  military  purposes  ceded  to   United 

States,  Act  3831. 

MILITIA.     See  National  Guard. 

finLK. 

Adulteration  of,  prevention  and  punishment  of.  Act  39. 

Certified,    regulation   of   production   and   sale   of,    Act   47. 

Chemicals  or  materials  to  prevent  fermentation,  use  of  prohibited.  Act  46. 

Sale  of  milk  from  diseased  cows,  prevention  of.  Act  877. 

MILLS. 

Lunch  hour  for  laborers  in  mills  and  logging  camp.  Act  2139. 

MILLVILLE   SCHOOL  DISTRICT. 

In   Shasta  County,   census  of,  Act  3544. 

MINERAL  CABINET. 

Establishment  of  in  state  library.  Acts  2205,  3844. 


1639  INDEX. 

MINERAL  CABINET.      (Continued.) 

Removal  of  mineral  cabinet  from  state  library  to  Crocker  art  gallery,  Act  2206. 
Trustees  of,  Act  2206. 

MINERAL  WATERS. 

Analyzing,   act  providing  for.   Act   40. 

MINES  AND  MINING. 

Abandoned  shafts,   covering   or   fencing  of,   Act   2221. 

Affidavit  for  location,   effect  of.  Act  2216. 

Annual  work,  co-owner,  failure  to  contribute  to,  proceedings,   Act  2229,  §  1. 

Annual  work,  filing  affidavit  of,   Act   2229,  §  1. 

Annual  work,  relocation   for  failure  to  file  affidavit,   Act   2229,  §  1. 

Annual  work,  what  considered  as.  Act  2229,  §  1. 

Bell  signals,  uniform  system  of,   establishment  of,  Act  2225. 

Buildings,  protection  of  in  mining  districts.  Act   2217. 

Claims,  conveyance  of,  Act   2220. 

Claims,  effect  given  to  record  of  notices  of  location  and  affidavits,  Act  2218. 

Claims,  location,  amending  defective.  Act  2216. 

Claims,  manner  of  locating.  Act  2216. 

Claims,  recording   notices   of   location.   Act   2216. 

Coal  mines,  boilers,  duties  regarding,  Act  2223,  §  10. 

Coalmines,  inside  overseers,  duties  of.   Act   2223,  §§  5,  6. 

Coal  mines,  liability   of  owners  for  disobedience  of   statute.   Act   2223,  §  8. 

Coal  mines,  maps,  or  plans  of,  copies  open  to  inspection,  keeping  of,  Act  2223,  §  2. 

Coalmines,  maps  or  plans  of,  preparing.  Act  2223,  §  1. 

Coal  mines,  overseer,  negligence  of,  liability,  Act  2223,  §  9. 

Coalmines,  "owner"   includes  lessee.   Act   2223,  §  7. 

Coal  mines,  shafts  and  outlets,  Act   2223,  §  3. 

Coal  mines,  statute  does  not  apply  to  opening  new  mines.  Act   2223,  §  11. 

Coalmines,  ventilation.   Act   2223,  §  §  4,  5. 

Conveyance  of  mining  claims.  Act   2220. 

Corporations,   mining.      See   Mining   Corporations. 

Crops,  protection  of  in  mining  districts,  Act  2217. 

Debris  commissioners,  appointment,  duties  and  compensation.  Act   898. 

Debris,  construction  of  works  for  restraining  and  impounding,  Act   2214. 

Debris,  title  of  land  for  dams,  in  whose  name  taken,  Act  2215. 

Deposit,  places  of,  how  obtained  by  miners.  Act  2228. 

District  records,  depositing  with  county  recorders.  Act  2216. 

Easement  in  locations  or  claims.  Act  2229. 

Escape,  duty  to  provide  miners  with  second  means  of,  Act  2222. 

Fencing   or   covering   abandoned   shafts.    Act   2221. 

Growing  crops,  protection  of  owners  of  from  injuries  by  miners.  Act  2217. 

Hours  of  labor  in  underground  mines.  Act  2230. 

Improvements,  protection  of  in  mining  districts,  Act   2217. 

License  not  to  issue  to  aliens  ineligible  to  become  citizens.  Act  1937. 

Licenses  from  foreigners.  Act   1936. 

Locating  of  mining   claims,   manner  of.   Act  2216. 

Location,  affidavits,  effect  of,  Act  2216. 

Locations,  defective,   amending.  Act   2216. 

Location,  effect  given  to  notices  of,  Act  2216. 

Location  of  mineral  land  belonging  to   state.  Act  2227. 

Location,  recording  notices  of.  Act  2216. 

Mineral  land  belonging  to  state,  sale  and  location  of.  Act  2227. 

Miners,  duty  of  owners  to  provide  second  means  of  escape,  Act  2222. 

Miner's  inch  of  water,  fixing  and  defining.  Act  4355 


INDEX.  1687 

MINES  AND  MINING.      (Continued.) 

Miners,  state  hospital  for,   Act   2224. 

]\Iining  bureau,  establishment  and  maintenance  of,  Acts  2211-2213. 

Partnership,  mining,  act  relating  to,   Act   2219. 

Quicksilver,  pure,  secured  to  miners.  Act   2218. 

Recording  of  mining  claims  in   Calaveras  County,  Act   483. 

Records,  district,  deposit  of  with  county  recorders,  Act  2216. 

Rights  of  way  given  miners.  Act   2228. 

Rights  of  way  over  or  through  mining  claims.  Act  2229. 

Sale,  lease  or  mortgage  of  mines.  Act  2240. 

Sale  of  mineral  land  belonging  to  state.   Act   2227. 

Sale  of  mineral  land  belonging  to  state,  regulation  of,  Act  2227. 

School  land  valuable  for  mineral  deposits,  sale  of,  Act  2227. 

Shafts,   abandoned,    covering   or  fencing  of,   Act  2221. 

Signals,  rules  governing,  Act  2225,  §  2. 

Signals,  uniform  system  of  mine  bell,  establishment  of.  Act  2225. 

Signals  and  rules,  miner  disobeying  cannot  recover,  Act  2225, 

Slate   hospitals  for  miners.   Act   2224. 

State  mineral  land,   sale  or  location  of.   Act  2227. 

Stealing  of  amalgum,  gold-dust  or  quicksilver  is  grand  larceny,  Act   1872, 

Summary  sale  of  mines  or  mining  interests,  Act   1054. 

MINING  BUREAU. 

Establishment  and  maintenance  of.  Acts  2211-2213. 

MINING  CORPORATIONS. 

Aurora,  Nevada,   companies  of,   authorized  to   remove  to   California,   Act  2233. 

Books  of,  open  to  inspection,  Act  2239. 

Changing  place  of  business.  Acts   2237,  2238. 

Ditching  or  conveying  water  for  mining,  corporations  for.  Act  2234. 

Formation  of,  Act   2234. 

Formation  of  corporations  for  direct  promotion  of  mining,  Act  290. 

Fo>,nation  of  corporation  for  mining,  Act   763. 

Formed  to  mine  outside  of  state,  Acts   2235,  2236. 

Inspection  of  grounds,  right  of.  Act   2239. 

Mining  in   other  states.   Acts   2235,  2236. 

Officers  of,  removal  of,  Act  2241. 

Posting  of  monthly  accounts,  Act   2239. 

Sale,  lease  or  mortgage  of  mines,  Act  2240. 

Stockholders  in,  protection  of.   Acts   2239,  2240. 

Transfer  agencies  in  other  states,  maintaining.  Act  2236. 

MxNORS.      See  Infancy. 

MISDEMEANOR. 

Animals  with  contagious  or  infectious  diseases,  carrying,  a  misdemeanor,  Act  178. 

Artesian  well,   permitting  waste   of  water  from,   Act  245. 

Butter,  failure  to  mark  weight  of  packages  containing,  Act  467. 

Butter,  renovated,  violation  of  statute,  relating  to  sale  of,  Act  468. 

Chattel  mortgages,  excessive  interest  or  charges,  Act   1673. 

Cheese,  violation  of  statute  relating  to  manufacture   of.   Act  578,  §  5. 

Cutting  of  hair  of  persons  convicted  of,  Acts  2834,  3863. 

Dairy   law,   violation  of.   Act   876. 

Dental  law,   offenses  against.   Act  922,  §  19. 

Exhumation  and  transportation  of  body  without  permit,  Act  545,  §  4. 

Exhumation  of  body  without  permit.  Act  545,  §  3. 

Fir  J,  starting  in  hay,  grain,  stubble  or  grass.  Act  1169. 


1639  INDEX. 

MISDEMEANOR.      (Continued.) 
Flag,  desecration  of,   Act   1198. 
Fraud  in  sale  of  fruit  trees,  Act  1518. 
Gaming.      See   Gaming. 

Gas,  hotel   or  loclging-house  keeper  turning  off  gas  at  meter.   Act   1528. 
Grand  Army  of  the  Republic,  persons  prevented  from  wearing  badge  of,  Act   1392. 
Homing  pigeon,   injury  to,   Act    1497. 

Hours  of  labor  for  drug  clerks,  violating  act  governing,  Act  2665. 
House  of  correction,   commitments  to,  Act    1540. 
Infant,  permitting  to  visit  prizefight  or  cock-fight,  Act   1610. 
Interest,   excessive,   charging,   Act   1673. 

Intoxicating  liquor,  sale  of  near  Mendocino  Insane  Asylum,  Act  1694. 
Intoxicating  liquor,  sale  of  near  Soldiers'  Home  at  Yountville,  Act  1693. 
Juvenile  court.      See  Juvenile  Court. 
Labor  union,  unlawfully  using  union   card.  Act   1831. 
Labor  union,  unlawfully  wearing  button  of.   Act   1830. 
License   tax,   failure   of   corporation   to   pay,   Act   757. 
Maps,  failure  to  file  before  sale  of  platted  lands.  Act  2064. 
Mining  shaft,  abandoned,  failure  to   cover  or  fence,   Act   2221. 
Mining  shaft,  abandoned,  removing   covering   or  fencing.   Act   2221. 
Misrepresentations  of  conditions  of  employment  a  misdemeanor.  Act   2140. 
Naming,  improper,  of  trees,  plants,   seeds,  etc..  Act   1510. 
Nursing,  violation  of  statute  relating  to.  Act   2508a. 
Officer,  failure   to    publish   notice,   Act   837,  §  57. 
Ordinances,  violation  of  in   cities  of  fifth  class,   Act   2348,  §  769. 
Parole  of  prisoners  under  sentence  for.  Act   2620. 
Paupers,  bringing  into  state,  Act  2631,   §  3. 
Public  health  act,  violation  of  provisions  of.  Act   2830,  §  21. 

Rodents,  violation  of  provisions  of  statute  governing  extermination  of,  Act   2506a. 
Ticket  for  foreign  port,  refusing  to  sell.  Act   1031. 
Trading  stamps,  use  of.  Act   4123. 
Vagrancy,  punishment  of.  Act   4264. 
Warehouses,  violation  of  law  governing.   Act  4319. 

MISREPRESENTATIONS. 

Of  conditions  of  employment,  a  misdemeanor.  Act  2140. 

MISSING  PERSONS. 

Trustees  of,  appointment   of   authorized,    Act   2246. 
Trustees  of,  duties  of,  Act  2246. 

MISSIONS. 

Gift  of  mission  at  Sonoma  to  state.  Act  2298. 

MISSION  CREEK. 

San  Francisco,  declared  navigable,  Act  3252. 

M0B3. 

Compensation   of  parties  whose  property  destroyed  by  mobs  or  riots,   Act  2251. 
National  guard,  expenses  of  in  case  of.  Act  2432. 

MOCKING  BIRDS. 

Destruction   of,   prevention  of.   Act   1314, 

MODESTO. 

Bridge  across  Tuolumne  River  at  Modesto,  Act  4196. 


INDEX.  1639 

MODESTO.      rContiinied.) 

Ri^ht  to  supply  water  to,  granted  C.  F.  Leavenworth  and  assigns,  Act  2256. 
Hogs  prevented  from  running  at  large  in,  Act  3612. 

MODESTO    IRRIGATION    DISTRICT. 

Creation  of,  Act   1724. 

MODOO  COUNTY. 

Animals  of  another,  wounding  in,  punishment  of.  Act  1593. 

Apportioning  school   moneys  in,   Act   3539. 

Bonds  issued  to  Siskiyou  County,   semi-annual  payment  of  principal  and  interest, 

Act   2262. 
Classification  and  population  of.  Act  837,  §§  10,  157. 
Creation   of,   Act   2261. 

Fees   and  salaries  of  otficers  of,   Act   2264. 
Fences,  lawful  and  partition  in,   Act   2263. 
Fences,  tearing   down   of.   prevention   of,   Act   1593. 
Fires,   leaving  of,  punishment  of.  Act   1593. 
Hunting  on  inclosed  private  land,  prevention  of,  Act   1593. 
Inclosures,  passing  through  and  leaving  open,  Act   1593. 
Officers,  deputies,  assistants;  salaries,  fees  and  allowances,  Act  837,  §205. 
Officers  of,  fees  and  salaries  of.  Act  2264. 
Population  of.  Act  837,  §  10. 
Sheep,  restriction  of  herding  of.  Act  2265. 
Treasurer  of,  bond  of.  Act  2266. 
United  States  authorized  to  lower  levels  of  certain  lakes  in  and  use  lakes  or  beds 

for  reclamation  or  irrigation.  Act  1858. 
United    States,    title   to   lands  uncovered  by   lowering   levels   of   certain   lakeg   in 

granted  to,  Act  1858. 

MOKELUMNE  HILL. 

Fire  department  of,  support  of.  Act  2272. 

Fire  limits  of,  Act  2272. 

Name  changed  to  Lodi,  Act  2271. 

MOKELUMNE  RIVER. 

Navigability  of.  Acts  2277,  4358. 

MONEY. 

Coining  of,  regulations  of.  Act  2283. 

Creation  of  paper  to  circulate  as,  forbidden,  Act  2284. 

Money  of  account.  Act  2282. 

Power  of  cities  of  sixth  class  to  expend.  Act  2348,  §  862,  subd.  18. 

Regulation  of  business  of  loaning  money,  Act  2637. 

MONGOLIANS.      See   Chinese. 

MONO  COUNTY. 

Assessor,  compensation  of,  Act  2289. 

Bonds  of  officers  in,  Act  2290. 

Classification  and  population  of.  Act  837,  §§  10,  157. 

Inyo  and  Mono  counties,  boundary  line  between.  Act  812. 

Judge,  additional,  in,  Act  2291. 

Officers  of,  and  salaries,  fees  and  allowances  of.  Act  837,  §  213. 

Population  of,  Act  837,  §  10. 

Roads,  public,  in,  improvement  of.  Act  2292. 

School  moneys  in,  distribution  of,  Act  1708. 


1640  INDEX. 

MONO  COUNTY,      (Continued.) 

Stallions  running  at  large  in,  prevention  of,  Acts  1063,  2293. 
Teachers,  in  employment  of,  Act  2294. 

MONO  LAKE. 

Free   wagon   road   from   Mono   Lake   basin   to   Tioga   road,   construction  ol,  Acts 
1455,  1456. 

MONO  WAGON  EGAD. 

Part  of,  declared  a  state  highway,  Act  1453. 

MONOPOLIES.     See  Trusts. 

MONTEREY   CITY. 

Incorporation  of.   Act  2299. 

Landing  place  of  Junipero  Serra,  gift  of  to  state,  Act  2298. 
Old  theater  property  at  Monterey,  gift  of  to  state,  Act  2298. 
Water  front  granted  to  city  of,  Act  2300. 

MONTEREY  COUNTY, 

Branding  of  calves  in,  Act   183. 

Classification  and  population  of,  Act  837,  §§  10,  157. 

Colton  Hall  in.      See  Colton  Hall. 

Courthouse,  erection  of,  Act  2306. 

Fees  and  salaries  of  officers  of,  Act  2311. 

Jail,   erection   of,   Act  2306. 

Monterey  Bay,   creation  of  reserve  for  shell-fish  and  invertebrate  animals  In,   Act 

1340d. 
Notaries,  additional,  in,  Act  2310. 
Officers,  deputies  and  assistants  of,  and  salaries,  fees  and  allowances  of.  Act  837, 

§  173. 
Oificers  in,  fees  and  salaries  of,  Act  2311. 
Population  of,  Act  837,  §  10. 
Recorder,   salary  of,   Act  2310. 

Records  of,   legalizing  and  validating  copies  of  certain   records   in.  Act  2313. 
Roads  and  highways  in,   Acts   2308,  2309. 
Roads  in,  provisions  of  code  made  applicable  to,  Act  2309. 
Salinas  River  declared  navigable,  Act  3092. 
Sheriffs  of,  fees  of.  Act  2313. 

Slaughtered  animals,   keeping  records  of  in,   Act  183. 
Slaughtered  cattle,  keeping  of  hides  of.  Act  183. 
Squirrels,  destruction  of,  Act   187. 

Stallions  prevented  from  running  at  large  in.  Act   1063. 
Superintendent  of  common  schools,  salary  of.  Act  2314. 
Supervisorial   districts,   reorganizing.   Act   2315. 
Supervisors,   terms   of.   Act   2316. 
Surveyor,   fees   and   salaries   of.   Act  2310. 

Swamp  land  fund,  transfer  of  money  from  to  general  fund,  Act  2S07. 
Trespassing   animals   in.    Act   10C4. 

MONTEREY  CUSTOM-HOUSE. 

Acquisition  of  control  of.  Act   2320. 

Preservation,  protection  and  improvement  of.  Act  2320. 

Trustees  of,  appointment  of.  Act  2320. 

MORMON  CHANNEL. 

Canal  to  connect  with  Calaveras  River,  right  of  way  for.  Act  3353. 


INDEX,  1641 

MOKMON  CHANNEL.      (Continued.) 

Commissioner  authorized  to  obtain  right  of  way  to  divert  water  of  info  Calaveras 

River,   Act   2S92. 
Grants  to  United  States  of  rights  of  way  for  canal  from,  to  Calaveras  River,  Act 

3353. 

MORMON  SLOUGH. 

Excavating:,  openinc:  and  wideninpr.  Act   .^902. 

Inhabitants  authorized  to  form  reclamation  district,  Act  2943. 

Right  of  way  granted  United  States  for  canal  from  to  Calaveras  River,  Act  2893a. 

MORO  COJO   SLOUGH. 

Xavigability  of.  Act  2325. 

MORTGAGES. 

Chattel,  corporations  loaning  money  on,  regulation  of,  Act  758. 
Chattel,  excessive  interest  or  charges,  penalty.  Act   1673. 
Chattel,  limitation  of  charges  that  can  be  made.  Act   1673. 
Chattel,  limit  of  rate  of  interest  that  can  be  charged,  Acts  758,  1673. 
Foreclosure,  attorney's  fees  and  other  charges   iu,   abolition  of,  Acts  1213,   2330. 
Foreclosure,   court  tixes  fee  although  stipulation  as  to  '"   mortgage.  Act  2330. 
Foreclosure  suits,  attorney's  fees  to  be  fixed  by  court,  Acta   1213,  2330. 
Fraudulent   conveyance   or  incumbrance  of  realty  by  married  women,   prevention 
of,   Act  2110. 

MOTORCYCLES. 

Franchises  for  road  for.  Act  1464. 

MOTOR  VEHICLES. 

Regulation  of  operation  of  automobiles  on  public  highways,  Act  2331. 

MT.   DIABLO. 

Destruction  of  deer  on,  prevented.  Act  1313. 

MUD    SPRING   TOWNSHIP. 

Trespassing  of   animals  upon  private  property  in,  Act  997. 

MUNICIPAL  CLERK. 

Recorder  acts  as  registrar  of  deaths  in  cities  incorporated  under  municipal  in- 
corporation,  Act  2348,  §  9. 

MUNICIPAL  CORPORATIONS. 

Acts   of,   validation   of.   Acts  2354,   2355. 

Agricultural  associations  authorized  to  lease  lands  to  cities  in  which  lands  situ- 
ated. Act  75. 

Annexation  of  territory  to,  Acts  2374,  2377,  2378. 

Annexation  of  territory   under  municipal  incorporation    act.   Act  2348,  §  7. 

Annexed    territory,    districting,    government    and    control    of.    Acts  2374,    2377. 

Art  galleries,  authorized  to  acquire  lands  for  erection  of,  Act  2387. 

Assembly  or  convention  hall,    incurring   indebtedness    for   authorized,    Act  2372. 

Assembly  or  convention  halls,   rules   for    conduct   of,    Act  2372,  §  9. 

Authorized  to  acquire  property  for  developing  and  encouraging  products  and  ex- 
hibiting same,  Act  2387. 

Authorized  to  acquire  lands  for  erection  of  art  galleries  or  museums.  Act  2387. 

Authorized  to  acquire  land  for  park  or  playground  purposes  by  condemnation, 
Act  2884. 


1 643  INDEX, 

MUNICIPAL  CORPOEATIONS.      (Continued.) 

Authorized   to   lease,    purchase,    own   and   operate   gravel   beds    and   quarries,    Act 

2365. 
Authorized  to  permit  construction  of  highway  or  boulevard  over  street,  Act  2386. 
Banks,  deposit  of  funds  in,  authorized,   Act  1285. 
Banks,  deposit  of  funds  in,  regulation  of,   A'lt  1285. 
Between  26,000  and  30,000,   authorized  to  vote  on  paying  debt  of  certain   years, 

Act  2825. 
Bicycles,   tricycles  and  similar   vehicles,   licensing  of  authorized.    Acts  1942,   2345. 
Bonded  indebtedness,  compromise  of,  by.  Act  386. 
Bonded  indebtedness,  declaring  all  due  at  once,  Act  386. 
Bonds,  authorized  to  issue  for  purpose  of  investing  proceeds  in  other  bonds  issued 

for  public  improvements.  Act  388. 
Bonds,  cities  and  counties,  election  on  question  of  issuing  bonds  for  expenses  of 

year  1883,  Act  383. 
Bonds,  consent  to  judgment  in  favor  of  holders  of,  Act  386. 
Bonds,  election   on  issuing  for  expenses  of  year  1883,  Act  383. 
Bonds,  investment,   authorized  to  issue.   Act  388. 
Bonds,  issuance  for  protection  from  overflow  by  water.  Act  2366. 
Bonds,  legislation  of  where  issued  by  more  than  two-thirds  of  the  voters.  Act  389. 
Bonds,  may  be  issued  as  registered  or  coupon  bonds,  Act  387,  §  2. 
Bonds,  mutilated   or   defaced,    issuance    of    duplicates.    Act  440. 
Bonds  of  officers,  premium  on  to  be  paid  by.    Act  2544. 

Bonds,  refunding  debts  and  issuing  in  cities  other  than  of  first  class.  Act  382. 
Bonds,  refunding  indebtedness  other  than  in   cities  of  first   class.   Acts  2367,   2368. 
Bonds,  registry  of,  effect  of  and  rights  of  holder.  Act  387,  §  1. 
Bonds  registry  of,  form  of,  Act  387,  §  1. 
Bonds,  registry  of,  right  of.   Act  387,  §  1. 
Bonds,  unexecuted  or  unsold,  destruction  of.  Act  385. 
Bonds,  submission  to  electors  of  proposal  to  issue,  Act  372. 
Boulevards,  cities  and  cities,  and  counties  authorized  to  acquire  and  maintain.  Act 

2878. 
Boulevards  or  highways,  state  construction  and  maintenance  of  in  cities  authorized, 

Act  2386. 
Boundaries,  change  of  under  municipal  incorporation  act.  Act  2348,  §  7. 
Boundaries  of,  change  of.  Acts  2373,  2374,  2375,  2377,  2379,  2348,   §  7. 
Bridges,  draw,  cities  authorized  to  maintain.  Act  418. 

Bridges,  power  of  cities  to  rebuild,  repair  or  change  location  of,  Act  419. 
Bridge  within  city  limits,  expense  of  constructing  or  rebuilding.   Act  419,  §2. 
Bridge  within  city  limits,  power  of  county  supervisors  over,  Act  419,  §  1. 
Bridges.      See  Bridges. 

Cemeteries,  rules  and  regulations  for  government  of,  Act  2381. 
Cemeteries.      See  Cemeteries. 
Cemetery  purposes,  cities  of  less  than  first  class   authorized  to   obtain  lands  for, 

Act  2381. 
Census,   taking  of  by.  Act  555. 

Charter,  abandoning  and  organizing  under  general  laws.  Act  2359. 
Charters,  amendments  to,   election  upon.  Act  1014. 
Charters,  elections  upon.  Act  1014. 

Charters  or  amendments,  conduct  of  elections  upon.  Act  367. 
Cities  of  first  class.      See  post,  this  title. 
Cities  of  first  and  one-half  class.      See  post,  this  title. 
Cities  of  second  class.      See  post,  this  title. 
Cities  of  third  class.      See  post,   this   title. 
Cities  of  fourth  class.     See  post,  this  title. 


INDEX.  1643 

MUNICIPAL  CORPORATIONS.      (Continued.) 

Cities  of  fifth  clas^.      See  post,   this  title. 

Cities  of  sixth  class.      See  post,  this  title. 

City  clerk  to  act  as  registrar  of  death,  in  cities  incorporated  nnder  municipal  cor- 
poration act,  when.   Act  2348,  §  9. 

Clas.sification  of,  Act  2347. 

Classification,  determination  based  on  federal   census.   Ate  2347,  §  2. 

Classification,  reorganization  after.  Act  2347,  §  3. 

Compensation  of  parties  whose  property  destroyed  by  mobs  or  riots,  Act  2251. 

Condemnation  of  site  for  public  building  authorized  in  cities  over  100,000,  Act 
2364. 

Condemnation  of  water,  water  rights  or  reservoir  sites  authorized.  Act  2337. 

Consolidated  cities  and  counties,  provisions  of  law  applying  to,  Act  2348,  §§286, 
287. 

Consolidation,  authorized.  Act  2383,  §  1. 

Consolidation,  boroughs,   establishment  of.  Act  2383,  §  5. 

Consolidation,  boroughs,  right  to  establish.  Act  2383,  §  5. 

Consolidation,  debts,  how  affected.  Act  2383,  §§  3,  4. 

Consolidation,  debts,  provision  for  payment  of,  Act  2383,  §  4. 

Consolidation,  effect  of.  Act  2383,  §  3. 

Consolidation,  effect  of  and  rights  and  liabilities  on,  Act  2383. 

Consolidation,  election  for.  Act  2383,  §  2. 

Consolidation,  expenses  of,  Act  2383,  §  6. 

Consolidation  of   certain  city  offices.   Act  4043. 

Consolidation,  offices,  election  of.  Act  2383,  §  2. 

Consolidation,  officers,  surrender  of  possession  by.   Act  2383,  §  8. 

Consolidation,  ordinances,   effect  on.  Act  2383,  §  3. 

Consolidation,  proceedings  for.  Act  2383,  §  2. 

Consolidation,  procedure.  Act  2383. 

Consolidation,  provision  for  payment  of  debts,   Act  2383,  §  4. 

Consolidation,  title  to  municipal  property  in  case  of.  Act  2383,  5  3. 

Consolidation  under  municipal  corporation  bill.  Act  2348. 

Consolidation,  when  deemed  complete.  Act  2383,  §  2. 

Contracts  for  lighting  streets  and  public  buildings.  Act  2340. 

Conveyances  for  charitable  or  educational  purposes,  ratification  of,  Act  2382. 

Debt,  adjustment  on  exclusion  of  territory.  Act  2376. 

Debt,  authorized  to  incur  for  waterworks,   sewers,  etc..  Act    2361. 

Debt,  for  assembly  or  convention  hall,  incurring  of  authorized.   Act  2372. 

Debt  for  improvements,  incurring  of  authorized.  Acts  2369,  2371,  2900,  §  1. 

Debt  for  improvements,  limit  on.  Act  2371,  §§4,  5. 

Debt,  incurred  in  1889  and  1890,  cities  of  certain  class  authorized  to  vote  on 
question  of  paying.  Acts  2370,  2825. 

Debt,  supervisors  authorized  to  refund.   Act  362. 

Debt,  refunding  and  issuing  bonds  in  cities  other  than  first  class,  Acts  2367,  2368. 

Donations  to,  receipt  and  appropriation  of.  Acts  1355,  2338,  3782. 

Drawbridges,  cities  authorized  to  maintain,  Act  418. 

Duplicate  bonds,  warrants  or  securities,  issuance  of  where  originals  defaced  or 
mutilated.  Act  440. 

Elections,  conduct  of  where  held  separate  from  state  elections.   Act  367. 

Election  day,  supervisors  authorized  to  declare  a  holiday.  Act  1469. 

Estrays,  laws  relating  to  do  not  affect  impounding  laws  in,   Act  1060,  §  9. 

Exclusion  of  territory,  division  of  property  on.  Act  2376. 

Exclusion  of  territory  from  Acts  2373,  2375,  2376,  2379. 

Exclusion  of  territory,  indebtedness,   adjustment   of   on.   Act  2376. 

Exhibition  of  agricultural,  horticultural  or  botanical  products,  ciiies  authorized  to 
acquire  property  for  purpose  of,  Act  2387. 


1644  INDEX. 

MUNICIPAL  CORPOEATIONS.      (Continued.) 

Exhibitions  of  products,  authorized  to  acquire  lands  for,  Act  2387. 

Fares,  rates  of  on  street  railroads  in  cities  over  100,000,  Act  2929. 

Fences,  partition  and  division,  height  of  in  cities.  Act  1139. 

Fire  departments,  increasing   efficiency  of,   Act  1182. 

Fire  department.      See  Fire  Department. 

Fiscal  year,  changing  in  cities  operating  under  charters,  Act  1193. 

Franchises  for  paths  and  roads  for  bicycles  and  horseless  vehicles,  Acts  1234. 
14C4. 

Franchise  for  street  railroads,  limit  of  time  for  granting,  Act  1233. 

Franchises,  sale  or  granting  of,  Acts  1229-1234. 

Franchises  to  construct  railroads  beyond  city  limits  to  public  parks.  Act  2930. 

Franchises.      See  Franchises. 

Freeholders,  election  of,  Acts  367,  1014. 

Gas,  quality,  standard  and  price  of  in  cities  over  100,000,  Act  3236. 

Gifts  and  bequests,  authorized  to  receive.  Act  1356. 

Gifts,   authorized  to  receive.  Acts  802,   1356. 

Gift,  authorized  to  obtain  lands  for  cemeteries  by.  Act  2381. 

Gravel-beds  and  quarries,  leasing,  purchasing  and  operating  by  cities,  Act  2365. 

Gravel-beds,  authorized  to  purchase,  own,  lease  and  operate.  Act  2365. 

Highways  or  boulevards,  state,  construction  and  maintenance  of  in  cities  author- 
ized, Act  2386. 

Highways  within  city  limits,  cities  authorized  to  improve  and  issue  bonds  for, 
Act  1448. 

Hospital,  cities  of  first  class  authorized  to  erect  and  levy  tax  for,  Acts  1522,  2343. 

Hours  of  labor.      See  Hours  of  Labor. 

How  entitled.  Act  2348,  §  300. 

Improvements,  additional  bonds  requiring  of  treasurer.  Act  2900,  §  11. 

Improvements,  debt,  incurring  of  authorized.  Acts  2369,  2371,   2900,   §  1. 

Improvements,  disposal  of  surplus  funds.  Act  2346. 

Improvements,  incurring  indebtedness  for,  procedure,  Act2900,  §§1,  2. 

Improvements,  letting  of  contracts.  Act  2900,  §  10. 

Improvements,  limits  of  indebtedness.   Acts  2371,  §  4;   2900,  §  5. 

Improvements,  plans,  and  estimates  of,  Act  2900,  §  4. 

Improvements,  publication  of  intent  to  incur  indebtedness  for.  Act  2900,  S  S. 

Improvements,  rules  governing  and  superintendence  of.  Act  2900,  §  9. 

Improvements,  special  tax  for.  Acts  2344,  4042. 

Incorporation  and  organization,  validating.  Acts  2331,  2354,  2355. 

Incorporation  under  municipal  corporation  act,  authentication  of,  Act  2348,  §§  3,  4. 

Incorporation  under  municipal  corporation  act,  certificate  of,  filing  with  secretary 
of  state.  Act  2348,  §§3,  4. 

Incorporation  under  municipal  corporation  act,  complete,  when.  Act  2348,  §§3,  4. 

Incorporation  under  municipal  corporation  act,  effect  on  and  duties  of  of&cers,  Act 
2348,  §§4,  6. 

Incorporation  under  municipal  corporation  act,  elections.  Act  2348,  §§2,  3,  4. 

Incorporation  under  municipal  corporation  act,  officers,  entry  of  on  duty  and  elec- 
tion of.  Act  2348,  §§3,  4. 

Incorporation  under  municipal  incorporation  act  of  incorporated  cities,  effect  of 
and  duties  of  officers.  Act  2348,  §  5. 

Incorporation  under  municipal  corporation  act  of  incorporated  city,  procedure,  Act 
2348,  §  4. 

Incorporation  under  municipal  corporation  act,  petition.  Act  2348,  §2. 

Incorporation  under  municipal  corporation   act,  powers  on,   Act  2348,  §  1. 

Incorporation  under  municipal  corporation  act,    procedure    on,    Act  2348,  §  2. 

Incorporation  under  municipal  corporation  act,  right  of,  Act  2348,  §  1. 


INDEX.  1645 

MTJITICIPAL  COEPOEATIONS.      (Continued.) 

Indebtedness,  adjustment,    payment    and    settlement   of   on   exclusion    of   territory 

from,  Act  2376. 
Indebtedness,  incurring  for  public  improvements,  Act  2900. 
Indebtedness,  incurring  for  waterworks  and  sewers,  Act  2361. 
Investme;it   of  mone-ys   in   sinking  fund   of  in  bonds.    Act  1284. 
Italian  interpreter,  appointment  of  in  cities  of   100,000,  Act  1680. 
Joint  ownership  of  water  supply  by  cities,  Act  2362. 

Judgments  against  cities,   and  cities  and  counties,   payment  of,  Act  1746. 
Judcrments  against  cities  and  counties  over  100,000,  how  paid,  Acts  800,  1747. 
Judicial  notice  of  existence  of,  Act  2348,  §  3. 
Lease  of  property  of  veterans  by  county,  city  and  county  or  town  authorized.  Act 

42S7. 
Leases  of  tide  or  submerged  lands  of  state  by  approved.  Acts  2383,  2385. 
Licenses  to  sell,  voters  of  cities  permitted  to  vote  on  question  of  granting,  Act 

1687. 
Licensing  of  bicycles,  tricycles,  etc.,  authorized,  Acts  1942,  2345. 
Lighting  of  streets,  lanes,  etc.,  acts  providing  for,  Act  2333. 
Lighting  of  streets,  lines,  etc.,  assessment  of  -property  benefited.  Act  2333. 
Lighting  streets  and  public  buildings,  letting  of  contracts  for,  Act  2340. 
Mayors  of  cities  over  10,000  not  required  to  act  as  city  judge  or  justice  of  the 

peace.  Act  2145. 
Merged  cities  and  counties  of  100,000  inhabitants,  incorporation  and  government 

of.  Act  2339.: 
Mobs  or  riots,  liability  for  injuries  caused  by.  Act  2251. 
Municipal    water    district,    incorporation,    organization    and    management    of,    Act 

2390. 
Museums,  authorized  to  acquire  lands  for  erection  of.  Act  2887. 
Museums,  establishment  and  maintenance  of  in,  Act  2876a. 
Names,  change  of,  authorized,  Act  2384. 
Names,  change   of  by   cities   other   than   freeholder   charter    cities   authorized,    Act 

2384. 
Names,  change   of   by   cities   other   than   freeholder   charter   cities,   procedure,   Act 

2384. 
Names,  change  of,  procedure,  Act  2384. 
Officers  of.      See  Particular  Officer. 
Ordinances.      See  Ordinances. 

Organization  and  incorporation,  validating,  Acts  2332,  2354,  2355,  2355a. 
Organization,   incorporation  and  government  of,   Act  2348. 
Parks.      See  Public  Parks. 

Payment  of  materialmen  and  laborers  on  public  works,  securing,  Act  2895. 
Pesthouses  within  cities,  establishment  of  prevented.  Act  2646. 
Police  courts  in.      See  Police  Courts. 
Police  judge,   appointment  of  in  cities  where  no  provision  made  for  appointment 

in  charter.  Act  2744. 
Police.      See  Police  Department. 

Power  plants,  granted  ricchts  of  way  over  state  lands  for,  Act  2388. 
Premium  on  official  bond,  payment  of  by,  Act  379. 
Prisons,    consolidated   cities   and   counties   over   100,000   authorized   to   alter,    Act 

3284. 
Protection  from  overflow  by  water,  issuance  of  bonds  for.  Act  2366. 
Protection  of  growing  timber  on  public  grounds.  Act  1402. 
Public  buildings,  cities  over  100,000  authorized  to  condemn  land  for  and  erect.  Act 

2364. 
Pablie  buildings,  regulation  of  erection  of,  Act  2896. 


1646  INDEX. 

MUNICIPAL  CORPOEATIONS.      (Continued.) 

Public  buildings,  unfinished,  change  of  plans.  Act  2899. 

Public  buildings,   unfinished,    completion  of,   Act  2898. 

Public  buildings.      See  Public  Buildings. 

Public  parks.      See  Public  Parks. 

Public  works,  minimum  compensation  for  labor  on,  Act  2894. 

Public  works.      See  Public  Works. 

Quarries,  authorized  to  lease,   purchase,   own  and  operate.   Act  2365. 

Railroads,  street,  limit  of  time  for  granting  franchise.  Act  1233. 

Railways,  street,   sale  of  franchises  for  in.  Acts  1.229-1232. 

Reorganization,  effect  on  and  duties  of  officers,  Act  2348,  §§4,  6. 

Reorganization  of,  Act  2347,  §  3. 

Reorganization  of   incorporated   city    under   municipal    corporation    bill.    Act  2348, 

§§4,  5. 
Reorganization  under  general  law  and  abandoning  charter.  Act  2359. 
Reorganization,  validation   of.   Acts  2356,   2357,    2358,   2358a. 
Registrar  of  vital  statistics,  city  clerk  to  act  as.  Act  2348,  §  9. 

Registrar  of  vital  statistics,  city  recorder  to  act  where  no  city  clerk.  Act  2348,  §  9. 
Resolutions   to  be  presented  to  mayor,  Act  2583. 
Road  tax  cannot  be  levied  in,  Act  110,  note. 

Sewer  districts,  establishment  and  maintenance  of  adjacent  to,  Act  2343, 
Sewer  districts  in,   establishment   of.   Act  3597. 
Sewers,  etc.,  authorized  to  incur  debt  for.  Act  2361. 
Sewers,  construction  of  in.  Act  3930. 
Sewers,  incurring  indebtedness  for,  Acts  2361,  2900. 
Sewers.      See  Sewers. 

Shade  trees  in,  planting  and  care  of.  Act  2341. 
Spur  tracks,  construction  of,  supervisors  may  authorize.  Act  2334. 
Spur  track,  permit  revocable,  Act  2334. 

Street  railroads,  limit  of  time  for  granting  franchise.  Act  1233. 
Street  railways  in,  sale  of  franchises  for,  Acts  1229-1232. 
Streets.      See   Streets. 
Supervisors.      See   Supervisors. 

Taxes,  levy  and  collection  of,  in  cities  other  than  first  class.  Act  4043. 
Taxes,  levy  and  collection  of,    in    cities    other    than    first,    second,    third    or    fourth 

class,  or  cities  acting  under  charter,  Act  4044. 
Tax,   special,  for  improvements.  Acts  2344,  4042. 
Tax,  special,  levy  of  for  special  public  improvements.  Act  2344. 
Territory,  exclusion  of,  from.  Act  2379. 
Trees,  shade,  in,  planting  and  care  of.  Act  2341. 
Trusts    relating  to  town  lands  granted  to  cities  by  act  of  Congress,  execution  of, 

Acts2335,   2336. 
Unincorporated  towns,  establishment  of  libraries  by.  Act  1249. 
Unincorporated  towns,  formation  of  library  districts.   Act  1249. 
Validating  organization  and  incorporation  of,  Acts  2332,  2354,  2355,  2355a. 
Validation  of  acts  of.  Acts  2354,  2355. 

Validation  of  reorganization  of,  Acts  2356,  2357,  2358,  2358a. 
Warrants,  mutilated  or  defaced,  issuance  of  duplicates.  Act  440, 
Water,  cities  owning  authorized  to  sell  excess.  Act  2363. 

Water,  overflow  from,  bonds  for  construction  of  works  to  protect  from.  Act  2366. 
Water,  water  rights  and  reservoir  sites,  authorized  to  acquire.  Act  2337. 
Waters,  municipal  water  district,  incorporation,  organization  and  management  of, 

Act  2390. 
Waterworks,  authorized  to  incur  debt  for.  Acts  2361,  2900. 


INDEX.  1647 

arUNICIPAL  CORPOKATIONS.      (Continued.) 

Waterworks,  cities  autliorized  to  acquire  and  operate  Joint  system  of  water  supply, 
Act  2362. 

Waterworks,  cities  of  first  class  authorized  to  obtain.  Act  2360. 

Waterworks,  right  of  cities  to  take  material  and  water  from  state  lauds  in  con- 
structing, Act  2388. 

Waterworks,  right  of  way  granted  over  state  lands  for  purposa  of,  Act  2388. 

Weeds,  eradication  of  certain,  in.  Act  3925. 

Cities   of  Particular   Classes. 
Cities  of  First  Class, 
a.     Generally. 
Authorized  to  obtain  waterworks,  Act  2360. 

Authorized  to  erect  a  hospital  and  levy  a  tax  therefor.   Act  1522. 
Authorized  to  pay  rent  and  salaries  out  of  general  fund.  Act  3209. 
Fire  department  in.      See  Fire  Department. 
Police  department  in.      See  Police  Department. 
What  cities  are.  Act  2347,  §  1. 

b.      Under   Municipal   Incorporation  Bill. 
Actions  by  and  against.  Act  2348,    §  19. 

Advertising,  letting  out  contracts  for  on  bids,  Act  2348,   §  106. 
Appropriation   bills,   passage  of.   Act  2348,  §  61. 
Bids,  power  to  reject.  Act  2348  §  107. 
Board  of  education,  estimates  by,  Act  2348,  §  270. 
Books  of  officers  of,   inspection  of  and  copies  from.   Act  2348,  §  95. 
Claims  against,   division  of  forbidden.   Act  2348,  §  61. 
Claims  against  for  over  $500,  prohibition  against  and  punishment  for  splitting  up, 

Act  2348,  §  61. 
Contracts,  failure  to  complete,  calling  for  new  bids.  Act  234S,  §  107. 
Contracts,  how  made  in.  Act  2348,  §  107. 

Debt,  limitation  on  power  of  officers  to  contract.  Act  2348,  §  53. 
Demands,    auditing    of.    Act  2348,  §§  90-94. 
Demand,  illegal,  penalty  for  allowing.   Act  2348,  §  95. 
Demands,  investigation  of  nonpayment  of.   Act  2348,  §  97. 
Demands,  one-twelfth  act.  Act  2348,  §§  102-105. 
Demands,  payment  or  registry  of.   Act  2348,  §  96. 
Demands,  remedy  on  rejection  of.  Act  2348,  §§  99,  100. 
Entitled,  how,  Act  2348,  §  19. 

Executive   department,   particular  officer.      See  particular  title. 
Fire  department  in.      See  Fire  Department. 
Funds  in,  and  how  used  and  applied.  Act  2348,  §§  90,  91. 
Names  of.  Act  2348,  §  19. 

Not  liable  for  injuries  in  streets.  Act  2348,  §  87. 
Officers,  bonds  of.  Act  2348,  §  24. 

Officers,  fees,  compensation  and  allowances  generally,  Act  2348,  §§  23,  25. 
Officers  of  generally.      See  Offices  and  Officers. 
Officers  of,  office  hours,  Act  2348,  §  21. 

Officers  of,  names,   numbers   and   terms   of.   Act  2348,  §  20. 
Officers  of,  terms  of  office.  Act  2348,  §  20. 
Offices  in,  vacancies,  filling  of,  and  term  of  office  and  bond  of  appointee,  Act  2348, 

§  22. 
Particular  officers  of.     See  particular  title. 


164g  INDEX. 

BIUmCIPAL  CORPORATIONS.      (Continued.) 

Payment    and   registry    of    demands   and   investigation    of   nonpayment,    Act  2348, 

§§  96,  97. 
Payments  not  to  be  made  unless  authorized,  Act  2348,  §  91. 
Perpetual  succession,  Act  2348,  §  19. 
Police  department  in.      See  Police  Department. 
Printing,   letting  out  on  bids.   Act  2348,  §  106. 
Property  rights  of,  Act  2348,  §  19. 
Reorganizing  under  municipal  corporation  bill,  provision  for  debts  of  former  city, 

Act  2348,  §  286. 
Seal,   Act  2348,  §  19. 
Streets  in.      See  Streets,  II. 
Supervisors.      See  Supervisors. 

Cities  of  One  and  One-half  Class. 
What  cities  are.  Act  2347,  §  1. 

Cities  of  Second  Class, 
a.     Generally. 
What  cities  are,  Act  2347,  §  1. 

b.  Under  Municipal  Corporation  Bill. 
Bonds,  how  paid,  Act  2348,  §  331. 

City   engineer,   appointment   and   duties,   Act  2348,  §  377. 
Debts  in  execss  of  funds,  how  incurred  and  paid.  Act  2348,  §  329. 
Debts,  limit  upon  amount  of,  Act  2348,  §  328. 
Debts,  warrants  not  to  be  drawn  if  no  funds,  Act  2348,  §  328. 
Demands,  allowance  of.  Act  2348,  §  371. 
Pees,  percentages  and  moneys  received  by  officers   to  be  paid  into   treasury.   Act 

2348,  §  303. 
Funds,  separate,  Act  2348,  §  330. 

Gas  and  water,  capacity  of  pipes  and  regulations  as  to  laying.  Act  2348,  §  359, 
Judicial  power  of.      See  Police  Court. 
Lease  of  city  property,  manner  of.  Act  2348,  §  322. 
Name  of.  Act  2348,  §  300. 

Not  liable  for  injuries  from  defects  in  street.   Act  2348,  §  376. 
Officers  of  and  time  of  election  of.  Act  2348,  §  301. 
Particular  officers.      See  particular  title. 
Powers  of  generally.  Act  2348,  §  300. 
Reports  of  officers.  Act  2348,  §  379. 
Salaries  of  officers  of.  Act  2343,  §  307. 
Sale  of  city  property,   manner  of,   Act  2348,  5  322. 
Sales  and  leases  of  city  property.  Act  2348,  §  322. 
Seal,  Act  2348,  §  300. 

Cities  of  Third  Class, 
a.     Generally. 
Debt  incurred  in   1889   and  1890,   authorized  to  vote  on  question  of  paying.  Act 

2370. 
What  cities   are,  Act  2347,  §  1. 

b.     Third    Class    Under   Municipal    Corporation    Bill. 
City  printing,   to  be  let  out  by   contract.   Act  2348,  §  536. 
Contract,  bids,  power  to  reject,  Act  2348,  §  536. 
Contract,  in  excess  of  five  hundred  dollars,  how  entered  into.  Act  2348,  §  53o. 


INDEX.  1649 

MUNICIPAL  COEPOEATIONS.      (Continued.) 

Contracts  for  printing  and  advertising,  Act  2348,  §  536. 
Contracts,  officers  not  to  be  interested,  Act  2348,  §  591. 
Contract,  public  work  to  be  done  by,  Act  2348,  §  536. 
Debt  in  excess  of  available  money.  Act  2348,  §  527. 

Debt  in  excess  of  available  money,  how  incurred  and  payment  of,  Act  2348,  J  528. 
Demands,   procedure   on.   Act  2348,  §  526. 
Elections  in,   Act  2348,  §  507. 
Eligibility  of  officers.  Act  2348,  §  508. 
Government  of,  in  whom  vested,  Act  2348,  §  501. 
How  entitled.   Act  2348,  §  500. 
Judicial  department  of.      See   Police   Courts,  V. 

Judicial  power  vested  in  police  court,  Act  2348,  §§  560-563.      See  Police  Court- 
Name   of.  Act  2348,  §  500. 

Museums,  establishment  and  maintenance  of  in.  Act  2876a. 
Officers  collecting  moneys,   settlements,   Act  2348,  §  590. 

Officers,  duties   and   compensations  prescribing   and   fixing,   Act  2348,  §  553. 
Officers  of.   Act  2348,  §  501. 

Officers,  supervisors  appoint  what.  Act  2348,  §  503. 
Officers,  vacancies,  filling  of  and  term  of  appointee,  Act  2348,  §  505. 
Particular  officers.      See  particular  title. 
Powers  generally,   Act  2348,  §  500. 

Public  work  not  to  be  done  by  contract.  Act  2348,  §  536. 
River  and  harbor  improvement  fund  in,  Act  2348,  §  535. 
Seal  of.  Act  2348,  §  500. 

Cities  of  Fourth  Class. 
a.      Generally. 
What  cities  are,  Act  2347,  §  1. 

b.      Under  Municipal  Corporation  Bill. 
Contracts  for  work,  how  let.  Act  2348,  §  628. 
Demand  against.  Act  2348,  §  624. 
Expenditures,  excessive,  void.  Act  2348,  §  626. 

Expenditures  in  excess  of  income,  how  incurred,  Act  2348,  §  625. 
Expenditures,   limit  upon.   Act  2348,  §  625. 
Fiscal   year,  when  begins.  Act  2348,  §  644. 
Funds  and  disbursements   of.   Act  2348,  §  640. 
How  entitled.  Act  2348,  §  600. 

indebtedness  not  to  exceed  means  in  treasury.  Act  2348,  §  623, 
Wame  of.  Act  2348,  §  600. 

Officers,  compensation,   additional,   not  allowable,   Act  2348,  §  610. 
Officers  enter  on  duties  when.  Act  2348,  §  005. 
Officers  of,  duties  and  compensation  of.  Act  2348,  §  601, 
Officers  of  enumerated,  Act  2348,  §  601. 

Officers,  vacancies  in  and  filling  of.  Act  2348,  §§  605,  606. 
.Particular  officers.      See  particular  title. 
Powers  of,   generally.  Act  2348,    §  600. 
Qualification  of  officers.  Act  2348,  §  605. 
Wards,   Act  2348,  §  611. 
Gen.  Laws — 104 


MUNICIPAL  CORPORATIONS.      (Continued.) 

Cities  of  Fifth  Class. 
a.     Generally. 
Museums,  establishment  and  maintenance  of  in,  Act  2876a. 
What  cities  are,  Act  2347,  §  1. 

b.     Under  Municipal  Corporation  Bill. 
Assessment  and  collection  of  taxes  in,  Act  2348,  §  773. 
Compensation  of  officers,   Act  2348,  §  755. 
Contracts,   officers  not  to  be  interested  in,  Act  2348,  §  811. 
Demands,  auditing  and  payment,  Act  2348,  §  766. 
Fire   department   of,    Act  2348,  §  813, 
Funds,   Act  2348,  §§  775,   776. 
How  entitled,   Act  2348,    §  750. 

Indebtedness,  excess  of,  incurring,  manner  of  and  payment  of,  Act  2348,  §  768. 
Indebtedness  not  to  exceed  moneys  provided,   Act  2348,  §  767. 
Judicial  notice  of,  Act  2348,  §  765. 
Name   of.    Act  2348,  §  750. 
Office,   eligibility  to.  Act  2348,  §  757. 
Officers  collecting  money,  settlements,  Act  2348,  §  810. 
Officers  of.  Act  2348,  §  751. 

Officers,  particular  officer.      See  particular  title. 

Ordinances,  violation  of,  punishment  and  proceedings.  Act  2348,  §  769. 
Poundmaster,  supervisors  may  appoint.  Act  2348,  §  752. 
Powers  of  boards  of  trustees.  Act  2348,  §  764. 
Powers  of  generally.  Act  2348,  §  750. 

Printing  and  advertising,  how   contracted  for,  Act  2348,  §  777, 
Public  works,  how  contracted  for,  Act  2348,  §  777. 
Public  work    to    be    contracted    for,    Act  2348,  §  777. 
Recorders  courts  in.  Act  2348,    §  806. 

River  and  waterfront  improvement  fund  in.  Act  2348,  §  776. 
Seal  of,  Act  2348,  §  750. 

Cities  of  Sixth  Class. 
a.     Generally. 
Disincorporation  of,  provisions  for,  Act  2351. 

Disincorporation,  ownership  of  property  and  winding  up  affairs  on.  Act  2353. 
Election  of  officers,  enabled  where  city  without  officers.  Act  2350. 
Organization  and  incorporation  validated.  Act  2349. 
Population  of  cities,  determination  of,  Act  2353. 
Reorganization  of.  Act  2352. 
What   cities   are.   Act  2347,  §  1. 

b.     Under  Municipal  Corporation  Bill. 

Contracts,  how  entered  into.  Act  2348,  §  874. 

Contracts,  officers  not  to  be  interested  in,  Act  2348,  §  886. 

Contracts,  president  to   sign.  Act  2348,  §  875. 

Demands  against.  Act  2348,  §§  864,  865. 

General  fund,  what  moneys  paid  into.  Act  2348,  §  873. 

How  entitled,  Act  2348,  §  850. 

Indebtedness,  excess  in  incurring,  manner  of  and  payment,  Act  2348,  §  866. 

Indebtedness  not  to  exceed  available  funds.  Act  2348,  §  865. 

Issuance  of  subpoenas,   attachment,  penalty,   etc..  Act  2348,  §  862,  subd.  17. 

Levy  and  collection  of  taxes  in,  Act  2348,  §  773. 


MUNICIPAL  CORPORATIONS.      (Continued.) 
Name  of,  Act  2348,  §  850. 
Officers  of,  Act  2348,  §  851. 
Powers  of  generally.  Act  2348,  §  850. 

Printing  and  advertising,  contract  for  how  entered  into,  Act  2348,  §  874. 
Provision  relating  to  parks  in.  Act  2348,  §  862,  subd.  4. 
Public  work  to  be  done  by  contract  on  bids,  Act  2348,  §  874. 
Recorder's  courts  in,  Act  2348,  §  882. 

Right  of,  to  acquire  and  maintain  cemeteries.  Act  2348,  §  862,  subd.  12. 
Rights  of  way,   acquiring  in.  Act  2348,  §  870. 
Warrants  on  treasury,  president  to  sign,  Act  2348,  §  875. 

MUNICIPAL  WATER  DISTRICTS. 

Organization,   incorporation  and  management  of,  Act  2390. 

MURDER. 

Public  executions  abolished,  Act  864. 

MUSEUMS.      See  Public  Museums. 

Assumption  of  control  by  trustees.  Act  4164. 

Cities  and  counties  authorized  to  acquire  lands  for  erection  of,  Act  2387. 

Gifts   and  donations  to,   encouragement  and  protection  of.  Acts  4162,  4163. 

Relinquishment  of  rights  in  by  founder  or  wife.  Act  4164. 

Trusts  for  benefits  of,  creation  of,   Acts  4162,   4163. 

Trusts  for  benefit  of,  determination  of  validity  authorized,   Act  4165. 

MUTUAL  FIRE  INSURANCE  COMPANIES. 

Organization   and  management  of.   Act  1672. 

MUTUAL  LIFE  INSURANCE  COMPANY.     See  Insurance. 

N 

NAMES. 

Aliens  declaring  intention,  names  of  to  be  indexed.  Act  123, 

Brazos  del  Rio  changed  to  Rio  Vista,  Act  413. 

Change  of  by  cities  other  than  freeholder  charier  cities.  Act  2384. 

Conveyances  by  persons  whose  names  are  changed.  Act  904. 

Dorris  Bridge,  town  of,  name  changed  to  Alturas,  Act  970. 

Fiddletown,  name  changed  to  Oleta,  Act  1163. 

High   school  districts,   change  of  name  of,  Act  3580. 

Lexington,  name  changed  to  El  Monte,  Act  1926. 

Mendocino   State  Asylum,  name  changed  to  Mendocino   Asylum,   Act  1630, 

Mokelumne  Hill,   name  changed  to  Lodi,  Act  2271. 

Municipal  corporations,   charge  of  name  by,  Act  2384. 

New  Republic,  name  changed  to   Santa  Rita,   Act  2479. 

New  San  Pedro,   name   changed   to   Wilmington,   Act  2434, 

Redding  changed  to  Reading,  Act  3000. 

Rough  and  Ready,  Siskiyou  County,  name  of,  changed  to  Etna,  Act  3033. 

School   districts,   names   of,    changing.   Act  3568. 

Trade  names,  act  concerning,  Act  4120. 

Trees,  seeds,  plants,    etc.,  false  naming  of,  penalty  for.  Act  1510. 

Trees,  seeds,  plants,     etc.,    provision   for   naming   of.   Act  1510. 

Union  high  school  districts,  change  of  name  of,  Act  3580. 

Union,  name  changed  to  Areata,  Act  4209. 

NAPA  CITY. 

Charter  of,  Acts  2388,  2393a. 


1652  INDEX. 

NAPA  CITY.      (Continued.) 

Incorporation   of,   Act  2391. 
Reincorporation  of,  Acts,   2391,   2392. 
Water  supply  for,  Act  2393. 

NAPA  COUNTY, 

Animals,  estrays  in,  Act  2399. 

Animals,  trespassing,  in.  Act  2400. 

Animals,  wild,  destruction  of  in,  Act  188. 

Assessor,  Act  2395. 

Boundary,  northern,  of.  Acts  817,  2397. 

Classification  and  population  of.  Act  837,  §§  10,  157. 

Courthouse,  building  and  furnishing  of.  Act  2396. 

Great  register  in  dispensed  with  in  certain  elections,  Act  2398. 

Jail  in,  building  and  furnishing  of.  Act  2396. 

Notarial  acknowledgments  by  N.  M.  Bonham  legalized,  Act  2394. 

Notaries,  additional,  for,  Act  2501. 

Officers,  deputies  and  assistants  of,  and  salaries,  fees  and  allowances  of,  Act  837, 

§  184. 
Officers,  salaries  and  compensation  of  certain.  Act  2402. 
Population  of.  Act  837,  §  10. 

Prisoners,  supervisors  authorized  to  put  at  work,  Act  2403. 
Protection  of  fish  and  game  in.  Act  1318. 

Records  of,  transcribing  and  preservation  of  certain.  Act  2405. 
Roads  in,  establishment  and  maintenance  of.  Act  2406. 
Sonoma  and  Solano  counties,   certain  records  of  transcribed  to  Napa  County,  Act 

2404. 
Squirrels  and  gophers,   destruction  of.  Act  188. 
St.  Helena,  incorporation  of,  Act  3894. 
Supervisors  of,  reorganizing.   Act  2407. 
Surveyor,  fees  of,  fixing,  Act  2408. 
Suscol  rancho,  title  to  lands  in,  quieted.   Act  2409. 
Swamp  land  fund,  transfer  of  to  general  fund  authorized,  Act  2401. 
Water  commissioners  for.  Act  4365. 
Waters,  overseer  to  regulate,  Act  4365. 

NAPA  INSANE  ASYLUM.     See  Insane  Asylums. 

NAPA  LADIES'  SEMINARY. 

Authorized  to  grant  diplomas,  Act  2417. 

NAPA  RIVER. 

Bridge  across  at  Napa  City,  construction  of,  Act  2419. 
Fish  in,  destruction  of  prevented.  Act  1329. 
Navigability  of,  Act  4358. 

NATIONAL  GUARD. 

Appropriation  for  payment  of  expenses  of  for  April-June,  1906,  Act  2430. 

Armory  for,  erection  of  in  Los  Angeles,  Act  2433. 

Armory  for,  erection  of  in  San  Francisco,  Act  2431. 

Armory,  governor's  mansion  fitted  up  for.  Act  1383. 

Camp  of  instruction,  acquisition  by  donation  of  site  for  authorized.  Acts  2426,  2428. 

Camp  of  instruction,  encampments  to  be  held  at.   Act  2427. 

Camp  of  instruction,  establishment  of.  Act  2426. 

Expenses  for  in  case  of  insurrection,  invasion,  tumult,  riot,  etc..  Act  2432. 


INDEX.  1653 

NATIONAL  GUARD.      (Continued.) 

Independent  and  unattached  companies  of  and  allowances  for  support  of,  Act  2425. 

Inspectors  of  rifle  practice,  duties  of.  Act  2424. 

Los  Angeles,  erection  of  armory  for  in,  Act  2433. 

Naval  battalion.      See  Naval  Battalion. 

San  Francisco,  armory  for,  erection  of,  in,  Act  2431. 

Spanish-American  war,  members  of  national  guard  serving  In,  rights  of,  Act  2429. 

NATURALIZATION.      See  Aliens. 

Indexing  names  of  persons  declaring  intention  or  becoming  citizens,  Act  2434. 
No  fees  to  be  charged.  Acts  837,  §  227. 
Prepayment  of  fees  not  necessary  in,  Act  837,  §  221. 

NAVAL  BATTALION. 

Attached  to  national  guard.  Acts  2439,  2440. 
Establishment  of,   Acts  2439,  2440. 

NAVIGABLE  STREAMS.      See  Waters. 

NAVIGABLE  WATERS.      See  Waters. 

NAVIGATION. 

Buoys  and  beacons,  protection  of.  Acts  432,  2445,  4354. 

Governor  authorized  to  convey  to  United  States  sites  for  lighthouses,  Acts  1956, 

2446. 
Sparli-catchers,  use  of  on  streamers,  Act  3888. 
Yacht  clubs.     See  Yacht  Clubs. 
Wrecks.      See  Wrecks. 

NAVY,     See  Soldiers  and  Sailors;  Veterans'  Home;  Woman's  Relief  Corps. 

NEGLIGENCE. 

Compensation  for  causing  death  by  wrongful  act  or  neglect,  Act  2451. 
Spark-catchers,  use  of  on  steamers.  Act  3888. 

NEGOTIABLE  INSTRUMENTS. 

Act  relating  to  bills  of  exchange  and  promissory  notes,  Act  344, 

NEUCES  CREEK. 

Contra  Costa  County,  declared  navigable.  Act  2456. 

NEVADA  CITY. 

Incorporation,  Act  2461. 

Railroad  from  Colfax  to.  Act  2918. 

NEVADA  COUNTY. 

Classification  and  population  of,  Act  837,  §§  10,   157. 

Colfax  to  Nevada  City,  railroad  from,  Act  2918. 

Criminal  cases,  fees  and  mileage  in,  Act  2466. 

Deeds,  manner  of  indexing,   Act  2470. 

Fees  and  mileage  in  criminal  cases.  Act  2466. 

Fences,  division,  in,  Act  1138. 

Fences  in,  Acts  1134,  1135. 

Fences,  lawful,  in.  Act  2467. 

Firemen,   exemption  of  from  poll  tax,  Act  4063. 

Game  in,  protection  of.  Act  1311. 


16541  INDEX. 

NEVADA  COUNTY.      (Continued.) 

Growing  timber  on  private  grounds    destruction  of  prevented,  Act  1577. 

Hunting  on  private  inclosed  grounds  in,   prevention   of,   Act  1577. 

Nevada  school  district,  establishment,  powers  and  duties  of  board  of  education  of, 

Act  2472. 
Officers,  deputies  and  assistants,  and  salaries,  fees  and  allowances,  Act  837,  §  178. 
Officers  of,  salaries  of.  Act  2468. 
Population  of.  Act  837,  §  10. 

Records,  indexing  of  certain  deeds,  manner  of,  Act  2470. 
Records  of  validated,  Act  2469. 

Roads  in,   location,   construction  and  maintenance  of,   Act  2471. 
Stallions   prevented  from   running  at  large  in,   Act  1068. 
State    highway    from    Emigrant    Gap,    Placer    County,    to    Donner    Lake,    Nevada 

County,  Act  1457a. 
Supervisors  authorized  to  remove  bodies  of  certain  deceased  persons,  Act  2474, 
Supervisors,  quarterly  meetings  of,  Act  2473. 

NEW  REPUBLIC. 

Name  changed  to  Santa  Rita,  Act  2479. 

NEW  SAN  PEDRO. 

Name  of  changed  to  Wilmington,  Act  2484. 

NEWSPAPERS. 

Deposit  in  public  libraries  of  newspaper  files  in  recorders'  offices,  authorized.  Act 
1250. 

NEW  TRIAL. 

Bill  of  exceptions  or  statement,  destruction  of,  extension  of  time  to  prepare.  Act 

435. 
Bill  of  exceptions  or  statement,  destruction  of,  proceedings  on,  Act  435. 
Granting  of  where  bill  of  exceptions  or  statement  destroyed  by  conflagration.  Act 

435. 

NONUSER. 

Dissolution  of  reclamation  and  protection  districts  for.  Act  4026. 
Dissolution   of  reclamation  districts   for  nouuser  of  corporate  powers,  Acts  2803, 
2974. 

NORMAL  SCHOOLS.      See  Schools. 

San  Francisco,   site  and  building  for.   Act  3535. 

NORTH  BEACH  AND  MISSION  RAILROAD  COMPANY. 

Certain  privileges  granted  to.  Acts  2489,  2490,   3260,   3261. 

NORTH  SAN  FRANCISCO  HOMESTEAD  AND  RAILROAD  ASSOCIATION. 

Commissioners  of  swamp  and  overflowed  lajids  authorized  to  convey  lands  to,  Act 
2495. 

NOTARIES. 

Duties  of  defined.  Act  2502. 

Officers,   certain,   not  eligible  to  appointment.   Act  .''o7,  §  65. 

Particular  counties,  notaries  in.      See  particular  title. 

NOTICES. 

Constable,  authority  of  to  serve,  Act  837,  §  153. 


INDEX.  1855 

NOTICES.      (Continued.) 

Definition  of  notice,  Act  837,  5  88. 

Failure  of  officer  to  publish,  a  misdemeanor.  Act  837,  8  57. 

Includes  what.  Act  837,  §  88. 

Ownership  of  real  property,  notice  of,  filing  of,  Act  437. 

Proceedings  before  supervisors,  notice  of  where  posted.   Act  83  7,  5  <17. 

Publication  of,  fees  to  be  paid  in  advance,  Act  837,  §  57. 

Record  of  decree  in  partition  as  notice.  Act  837,  §  124. 

Returnable  to  another  county,  how  returned,  Act  837,  §  90. 

Return,  failure  to  make,  liability  of  sheriff.  Act  837,  §  92. 

Service  of  by  constable  outside  of  township,  effect  of.  Act  837,  5  153, 

Sheriff,  duties  and  liabilities  regarding,  Act  837.  S5  89  et  seq. 

NOVATO  CREEK. 

Declared  navigable,  Act  2505. 

NUECES  CREEK. 

Declared  navigable,  Act  2506. 

NUISANCE. 

Cities  of  first  class,  abatement  in  where  owner  nonresident  or  cannot  "be  found. 

Act  2348,  §  193. 
Cities  of  third  class,  nuisances  in  and  remedies  for.  Act  2348,  §  530. 
Cities  of  fifth  class,  what  are  in,  Act  2348,  §§  770,   812. 
Cities  of  fifth  class,  abatement  of,  Act  2348,  §§  770,  812. 
Cities  of  sixth  class,  what  are  in,  Act  2348,  §  868. 
Cities  of  sixth  class,  abatement  of  in.  Act  2348,  §  868. 
District  attorney  to  bring  suits  to  abate.  Act  942. 
Establishment  of  pesthouses  within  cities  prevented,  Act  2646. 
Garbage  crematories,  regulation  of  operation  of,  Act  2828. 
Houseboats  on  rivers  or  streams.  Act  4368. 
Public,  district  attorney  to  bring  suits  to  abate,  Act  2503. 
Public,  prevention  of.  Act  2507. 
Rats,  property  infested  with.      See  Rats. 
Rodents,  property  infested  with.      See  Rats. 
Sewers,  vaults,  privies,  etc.,  on  rivers  and  streams,  when  are.  Act  4368. 


Act  governing  occupation  of  nursing,  Act  2508a. 

Army,  home  for.  Act  3694. 

Examination   of  nurses.  Act  2508a. 

Founding,  endowment,  erection  and  maintenance  of  school  for,  trust  for,  Act  151 

Issuance  of  certificates  of  registration  as  registered  nurses,  Act  2508a. 

Penalties  for  violating  statute  relating  to   nursing.   Act  2508a. 

Promotion  of  better  education  of  practitioners  of,  Act  2508a, 

Qualifications  of  nurses,  Act  2508a. 

o 

OAKLAND. 

Alameda,  OaKiand  and  Piedmont  Railway  Company,  certain  privileges  granted 

Act  2511. 
Assessor  of  township  of,  compensation  of.  Act  2513. 
Assessor,  salary  of,  Act  2512. 

Board  of  education,  powers  of  fixed  and  limited,  Act  2525. 
Bonds,  common  council  authorized  to  issue,  Act  2517. 


1656  INDEX. 

OAKLAND.      (Continued.) 

Bonds,  issuance  and  sale  of  to  cancel  other  bonds,  Act  2515. 

Bonds,  issuance  of  to  pay  floating  debt,  Act  2516. 

Bridge  across  San  Antonio  estuary  authorized.  Act  2518. 

Charter  of.  Act  2509. 

Debt,  floating,  issuance  of  bonds  to  pay,  Act  2516. 

Debt,  incurring  of  prevented.  Act  2516. 

Elections  in,  time  for  holding.  Act  2519. 

Fairs,    state   agricultural   society  authorized   and  empowered   to   hold   In   Oakland, 

Act  2532. 
Gas-pipes  in,  laying  of,  Act  2520. 
Harbor,  construction  of  facilitated,  Act  2521. 
Incorporation  of,  Act  2510. 
Ladies   Relief    Society,    common   council   authorized   to   pay   police   court    fines    to, 

Act  2514. 
Lake  Merritt,  destruction  of  fish  and  game  in  prevented,  Act  1317. 
Lands,  certain,  granted  to,  Act  2524. 
Oakland  Benevolent  Society,  common  council  authorized  to  pay  police  court  fines 

to.  Act  2514. 
Ordinance  abandoning  certain  streets  ratified,  Act  2522. 
Ordinances  ratified  in  respect  to  the  penalties,,  Act  2523. 
Receiving  hospital,  supervisors  to  establish  in  Oakland,  Act  103. 
Road  tax  to  be  paid  to  city  treasury.  Act  110. 
Salt  marsh  and  tide  lands  granted  to,  Act  2524. 
San  Antonio  estuary,  bridge  across  authorized.  Act  2518. 
Sewers,  construction  of  main  sewer  authorized,  Act  2526. 
Streets  in,  opening  of.  Acts  2527,  2528. 
Streets,  ordinance  abandoning  certain,  ratified.  Act  2522. 
Superintendent  of  schools,  salary  of.  Act  2525, 
Wards,  districting  city  into.  Act  2529. 
Water-pipes  in,  laying  of.  Act  2520. 
Water  supply,  authorized  to  obtain,  Act  2530. 
Waterworks,  acquiring  and  maintaining.  Act  2531. 

OAKLAND  BENEVOLENT  SOCIETY. 

Common  council  authorized  to  pay  police  court  fines  to.  Act  2514. 

OATHS. 

Consolidation  of  offices,  oaths  of  officers  on.  Act  837,  §  55. 
Oath  of  office,  no  fee  for  administering  or  certifying.  Act  837,  §  227. 
Officers  in  cities  of  first  class,  what  may  administer.  Act  2348,  §  95. 
Officers,  what  may  administer.  Act  837,  §  63. 

OCULISTS.      See  Optometry. 

ODD  FELLOWS. 

Corporate  powers,  right  to  assume,  to  erect  Odd  Fellows'  halls,  Act  2536. 
Trustees  authorized  to  lease  a  lot  in  San  Francisco,  Act  2537. 

OFFICES  AND  OFFICERS.      See  Federal  Officers. 
Absence  of  officer  from  state.  Act  837,  §  64. 
Aliens  not  to  be  appointed  to  office,  Acts  126,  127,  2543. 
Aliens  not  to  be  employed  in  public  offices,  Acts  126,  127,  2543, 
Bonds  of.      See  Bonds. 
Candidates,  certain  acts  prohibited,  Act  2547. 


INDEX.  1667 

OFFICES  AND  OFFICERS.      (Continned.) 

Candidates,  protection  of,  Act  2547. 

Certificates,   issuance  of  duplicates  where  originals  destroyed,  Act  441. 

Cities  of  sixth  class,  power  of  supervisors  to  appoint  and  fix  compensation.  Act 
2348,  §§  852,  855. 

Citizens  only  to  be  employed  in  public  service.  Acts  126,  127,  2543. 

Claim  against  county,  illegal  allowance,  duty  of  district  attorney,  Act  837,  §  8. 

Claims  against  county,  liability  of  officer  allowing  without  authority.  Act  837,  S  T. 

Claims  against  counties,  officers  charged  with  notice  of  extent  of.  Act  837,  §  6. 

Claims,  officer  not  to  present  or  advocate  of  another  officer.  Act  837,  §  39. 

Consolidated,   county  offices,  what  may  be  consolidated,  Act  837,  §  55. 

Consolidation  and  abolition  of  certain  city  offices.  Act  4043. 

Consolidation  of  certain  offices.  Act  837,  §  55. 

Consolidation  of  cities,  effect  of  on  officers,  Act  2348,  §  8. 

Consolidation  of  offices,  oath,  bond,  duties  and  compensation  on,  Act  837,  5  55. 

Consolidation,  separation  and  reconsolidation  of  offices.  Act  837,  §  55. 

Conspiracy  to  commit  any  crime  against  certain  state,  federal  or  territorial  offi- 
cial, punishment  of.  Act  693. 

Contracts  by  officers,  ratification,  Act  2546. 

Copies  of  books,  documents,  maps  or  records  which  have  been  destroyed  by  con- 
flagration. Act  442. 

County  officers  enumerated.   Act  837,  §  55. 

County,  officers  hold  until  successors  elected  and  qualify,  Act  837,  §  58. 

County  officers,  time  of  election  of.  Act  837,  §  58. 

County  officers,  when  take  office.  Act  837,  §  58. 

County  officers,  what  officers  ineligible  to  act  as  notary,  Act  837,  §  65. 

Debts  against  state  in  excess  of  appropriation,  creation  of  prohibited.  Act  2826, 

Deputies,  number  of  and  appointment  of,  Act  837,  §  59. 

Deputies,  oath  of.  Act  837,  §  59. 

Deputies,  officers  when  to  pay.  Act  837,  §  215. 

Deputies,  power  given  principal  includes,  Act  837,  §  60. 

Educational  offices,  women  eligible  to.  Acts  2542,  3576. 

Election  of.      See  Elections. 

Eligibility  to  county,  district  or  township  office,  Act  837,  §  54. 

Exchange  of  commodities  between  public  institutions,  Act  2845. 

Ex  officio  officers,  signature  of.  Act  2550. 

Failure  of  officer  to  perform  duty  where  fees  tendered,  liability,  Act  837,  §  222. 

Fees,  commissions  and  percentages,  manner  of  paying  in  cities  and  cities  and 
counties  over  100,000,  Act  1121. 

Fees,  illegal,  supervisors  to  remove  officers  collecting.  Act  837,  §  225. 

Fees  of.  Act  1119. 

Fees  of  county,  township  and  other  officers.  Act  1123. 

Fees,  payment  of  into  salary  fund.  Act  837,  §  219. 

Fees,  statement  of  and  affidavit.  Act  837,  §  218. 

Fees,  statement  of  to  precede  warrant  for  salary.  Act  837,  §  221. 

Fees,  what  and  when  to  be  paid  to  county  treasury.  Act  837,  §§  216,  218. 

Fees.      See  Fees. 

Gifts  and  bequests,  authorized  to  receive,  Act  1356. 

Hours  of  labor.      See  Hours  of  Labor. 

Inmate  of  institutions  not  to  make  articles  for  officers,  Act  2551. 

Intoxication  of  officers.  Act  2548. 

Leases  and  other  contracts  by  officers,  ratification  of.  Act  2546. 

Liability  on  failure  or  refusal  to  perform  official  duty,  Act  837,  §  222. 

Notieea.     See  Notices. 


1858  INDEX. 

OFFICES  AND  OFFICERS.      (Continued.) 

Oath  of  office,  no  fee  for  administering  or  certifying,  Act  837,  §  227t 

Oatlis,  what  officers  may  administer.  Act  837,  §  63. 

Office  hours,  Act  837,  §  61. 

Offices  of  county  to  be  at  county  seat.  Act  837,  S  61, 

Office,  term  of.  Act  837,  §  58. 

Payment  into  state  treasury  of  moneys  received  by  state  institutions,  commissions 

and  officers.  Act  1279. 
Preference  to  ex-union  soldiers,  sailors  and  marines.  Acts  2893,  3695. 
Public  institutions,  exchange  of  commodities  between,  Act  2845. 
Qualifying,  removal  for  want  of,  enjoined  when.  Act  2552. 
Qualifying,  removal  for  want  of,  unlawful  when.  Act  2552. 
Ratification  of  leases  made  by  officers  for  terminal  facilities,  Act  1890. 
Removal  of,  for  violation  of  official  duty.  Act  2545. 

Reorganization  of  city,  effect  on  officers  and  duties  of.  Act  2348,  §§  4,  8. 
Retaining  part  of  wages  of  laborers  on  public  works  a  felony,  Act  2549. 
Retaining  portion  of  salary  of  subordinate  officers  a  felony,  Act  2549. 
Roster  of  officers,   compilation,  printing,   binding,  publishing  and   distribution   of. 

Act  349. 
Salaries,  Act  1119. 
Salaries    and   fees   provided    are   in    full    compensation   for   all    services.    Act  837, 

§  215. 
Salaries,   change  in,   effect   on  incumbents,   Act  837,  §  233. 
Salaries,   effect  of  division  of  county  on,   Act  837,  §  231. 
Salaries  of  officers  of  particular  counties.      See  particular  title. 
Salaries,  where  and  how  paid.  Act  837,  §§  156,  220. 
Salary  fund,  deficiency  of,   transfer  of  funds  to.  Act  837,  §  219. 
Salary  fund,  payment  of  fees  into.  Act  837,  §  219. 
Separation  of  offices,  authority  of  supervisors,  Act  837,  §  55. 
Signatures  of  ex  officio  officers.  Act  2550. 

State,  power  of  officers  to  absent  themselves  from.  Act  837,  §  64. 
Subordinate,  retaining  portion  of  fees  of  or  salaries  of,  Act  2549. 
Successor  must   complete   unfinished   work   of  predecessor,    Act  837,  §  226. 
Successor,    services   performed  by,   liability   for.   Act  837,  §  226. 
Supplies  for  state  officers,  powers  and  duties  of  board  of  examiners.  Act  359. 
Township  officers,  hold  until  successor  elected  and  qualify,  Act  837,  §  58. 
Township  officers,   time  of  election  of.   Act  837,  §  58. 
Township  officers,  when   take  office.  Act  837,  §  58. 
Township  officers,  who  are.  Act  837,  §  56. 

Treasury,   county  officers  charged  with   notice  of  condition  of.  Act  837,  §  6. 
Vacancies,  supervisors  may  fill  what.  Act  837,  §  25,   subd.  19. 
Vacations  for  state   officers,   provision   for.    Act  2553. 
Women,   eligibility  of.   Act  837,  §54;    Act  3576, 

Cities  of  particular  classes. 
First  class,  annual  reports,  what  officers  to  make,  Act  2348,  §  29. 
First  class,  bonds  of  officers.  Act  2848,  §  24. 

First  class,  books  of  officers  of,  inspection  of  and  copies  from.  Act  2348,  §  95. 
First  class,   compensation  not  to  be  increased  or  reduced  during  term.   Act  2348, 

§  26. 
First-class,  demand  against  city,  not  audited  in  what  cases.  Act  2348,  §  91. 
First  class,  demand  not  audited  for  time  he  is  absent  without  lawful  cause.   Act 

2348. 
First  class,  difference  as  to  duties  referred  to  city  attorney,  Act  2348,  §28. 
First  class,   duties  relative  to   contracts.   Act  2348,  §  204. 


INDEX.  1659 

OFFICES  AND   OFFICERS.      (Continued.) 

First  class,  duties  under  one-twelfth  act,   Act  2348,  5§  102-105. 

First   class,    effect  of   organizing  under   municipal   corporation   bill,    on,    Act  2348, 

§  286. 
First  class,   fees,   compensation,   expenses  and  allowances.   Act  2348,  §  23. 
First  class,  limitation  on  power  to  contract  debt.  Act  2348,  §  53. 
First  class,  not  to  be  interested  in  contracts.  Act  2348,  §  27. 
First  class,   oaths,   what  officers  may  administer  in,   Act  2348,  §  95, 
First  class,   office  hours.  Act  2348,  §  21. 

First  class,  officers,  names,  number  and  terms  of  office,  Act  2348,  §  20. 
First  class,  officers  of  enumerated.  Act  2348,  §  20. 
First  class,  penalty  for  allowing  illegal  demands.  Act  2348,  §  95. 
First   class,   punishment  for  being  interested  in   contracts,    Act  2348,  §  27. 
First  class,  receipts,  duty  to  give.  Act  2348,    §  98. 

First  class,  secretly  examining  bids  in  advance,  punishment,  Act  2348,  §  27. 
First  class,  sureties,  officers  not  to  be,  Act  2348,  §  304. 
First  class,  vacancies.  Act  2348,  §  22. 

Second   class   cities,    salaries   of   officers.   Act  2348,  §  307. 
Second  class,  fees  to  be  paid  into  treasury.  Act  2348,  §  303. 
Second  class,  oaths  of  office.  Act  2348,  §  306. 
Second   class,   officers   of.   Act  2348,  §  301. 
Second  class,  officers  not  to  be  sureties.  Act  2348,  §  304. 
Second  class,  reports  of,  Act  2348,  §  379. 
Second   class,    salaries,   when   payable.    Act  2348,  §  307. 
Second  class,   supervisors,  power  to   appoint,   Act  2348,  §  380. 
Second  class,   vacancies.   Act  2348,  §  305. 

Third  class,    appointment   of  officers   and   term   of   office.    Act  2348,  §  503. 
Third  class,  contracts,  officers  not  to  be  interested  in.  Act  2348,  §  5^1. 
Third  class,  duties  and  compensation  of  officers,  prescribing  and  fixing,  Act  2348, 

§  553. 
Third  class,   eligibility  of  officers.  Act  2348,  §  508. 
Third  class,  oaths  of  office.  Act  2348,  §  504. 
Third   class,   officers   of,   enumerated.   Act  2348,  §  501. 
Third  class,  officers  collecting  moneys,  settlements.  Act  2343,  5  590. 
Third  class,   salaries  payable  monthly,   Act  2348,  §  506. 
Third  class,  supervisors  appoint  what,  Act  2348,  §  503. 
Third    class,    supervisors    prescribe    duties    and    fix    compensation    of.    Act    2348, 

§  553. 
Third  class,  Tacancies,  filling  of  and  term  of  appointee.  Act  2348,  §  505. 
Fourth   class,   compensation,   additional  not   allowable.   Act  2348,  §  610. 
Fourth   class,   officers  of,   duties   and   compensation   of.   Act  2348,  §  601. 
Fourth  class,  officers  of  enumerated.  Act  2348,  §  601. 
Fourth  class,  qualification  of  officers.  Act  2348,  §  605. 
Fourth  class,  vacancies  in  office  and  filling  of.  Act  2348,  §§  605,  606. 
Fourth  class,  vacant,  office  when  becomes.   Act  2348,  §  605. 
Fifth  class,  bonds  of  officers.  Act  2348,  §  753. 
Fifth  class,  compensation  of  officers.  Act  2348,  §  755. 
Fifth  class,  contracts,  officers  not  to  be  interested  in,  Act  2348,  §  811. 
Fifth  class,  eligibility  to  office.  Act  2348,  §  757. 
Fifth  class,  oaths  of  officers.  Act  2348,  §  753. 

Fifth  class,  officers  collecting  moneys,  settlements,  Act  2348,  §  810. 
Fifth  class,  officers  of.  Act  2348,  §  751. 
Fifth   class,  supervisors  fix  duties  and  compensation  of  certain  officers.  Act  2348, 

§  791. 
Fifth  class,  vacancies  in  office,  filling  of  and  term  of  appointee,  Act  2348,  9  754. 


1660  INDEX. 

OFFICES  AND   OFFICERS.      (Continued.) 

Sixth   class,   collecting  moneys,   settlement,  Act  2348,  §  885. 

Sixth  class,  compensation  of  officers,  Act  2348,  §  855. 

Sixth  class,  contracts,  officers  not  to  be  interested  in,  Act  2348,  §  88G. 

Sixth  class,   duties  and  compensation  of  officers,  fixing  by  supervisors.  Act  2348, 

§  881. 
Sixth  class,  election  of  enabled  where  city  without  officers,   Act  2350. 
Sixth  class,  eligibility  to  office.  Act  2348,  §  857. 
Sixth  class,  limitation  on  passage  of  ordinances.  Act  2348,  §861. 
Sixth  class,  oaths  of.  Act  2348,  §  853. 

Sixth  class,   supervisors  may  appoint  what  officers,  Act  2348,  §  852. 
Sixth  class,   vacancies,  filling  and  term  of  appointee,  Act  2348,  §  854. 

OIL. 

Injury  to  petroleum  bearing  strata  from  water,  prevention  of,  Acts  2556,  2557. 
Olive  oil.      See  Olive  Oil. 

OLEOMARGARINE. 

Sale  of  as  butter  prevented.  Acts  2561,  2562. 

OLETA. 

Name  of  Fiddletown  changed  to  Oleta,  Act  1163. 

OLIVE  OIL. 

Regulation  of  sale  of,  Acts  41,  2567. 

Sale  of  imitation  olive  oil  regulated.  Acts  41,  2568. 

ONE-TWELFTH  ACT. 

In  cities  of  first  class,  Act  2348,  §§  102-105. 

OPTOMETRY. 

Board  of  examiners.  Act  2573. 
Regulation  of  practice  of.  Act  2573. 

ORANGE  COUNTY. 

Boundaries  of,  Act  2578. 

Classification  and  population  of.  Act  837,  §§  10,  157. 

Classification   of,   Act  2578. 

County  seat,  determination  of.  Act  2578. 

Creation  of.  Act  2578. 

Officers,    deputies   and   assistants   and   salaries,   fees   and   allowances   of.   Act  837, 

§  172. 
Organization  and  selection  of  officers.  Act  2578. 
Population  of,  Act  837,  §  10. 

ORDERS. 

Sheriff,  justification   of  under.   Act  837,  §  100. 

ORDINANCES. 

Consolidation  of  municipalities,  effect  of  on,  Act  2383,  ?  8. 
Election  on  question  of,  declaring   result,    Act   837,  §  13. 
Election  on  question  of,  effect   of  favorable   vote.   Act   837,  §  18. 
Election  on  question  of,  how  conducted.  Act   837,  §  13. 
Election  on  question  of,  when  held,  Act  837,  §  13. 
Entry  of.  Act  837,  §  26. 
Form  of.  Act  837,  §  26. 


INDEX.  1661 

ORDINANCES.      (Continued.) 

Livestock,  expenses    of   enforcing    ordinances    to    preserve,    how    paid,    Act  837,  § 

25 1^. 
Livestock,  supervisors  may  adopt  to  preserve,  of,  Act  837,  §25'/^. 
Mayor,  ordinances  to  be  presented  to,  Act  2583. 
Mayor,  veto  by,  passage  of  ordinance  over,  Act  2583. 

Ordinances  permitting  cars  to  be  propelled  by  electricity  ratified,  Act  2928. 
Passage  of,  Act  837,  §  26. 
Publication   or  posting  of.  Act  837,  §  26. 
Reorganization  of  city,  effect  of  on.  Act  2348,  §  5, 
Signing  and  attesting,   Act   837,  §  26. 

Submission  of  ordinance  to  vote  of  people  on  petition.  Act  837,  S  13. 
Taking  effect  of,  time  of,  Act  837,  §  26. 

Cities  of  particular  classes. 

First  class,  amendment   of,   Act  2348,  §§  56-58,  61. 

First  class,  appropriation  bills,   Act   2348,  §  61. 

First  class,  approval,  veto  and  passage  over  veto,  Act  2348,  §  61. 

First  class,  correction   of,   Act   2348,  §  60. 

First  class,  enacting  clause,  Act  2348,  §  63. 

First  class,  introduction   and  passage.   Act   2348,  §  56. 

First  class,  majority  necessary  to  passage  of.  Act  2348,  §  50. 

First  class,  not  to  be  passed  where  supervisor  to  be  a  disbursing  officer,  Act  2348, 

§  52. 
First  class,  publication   of,    Act  837,  §  61. 

First  class,  re-enactment   and   reconstruction.    Act  837,  §§  58,  59. 
First  class,  reports   of  committee,   adoption  of.  Act  837,  §  57. 
First  class,  signing  bills.  Act   837,  §  60. 
■      First  class,  subject  and  title,   Act   837,  §  56. 

First  class,  violation  of  and  punishment  of.  Act   837,  §  769. 

Second  class,  ordinances   in,    enacting   clause,    Act   837,  §  324, 

Second  class,  passage,  approval  on  veto  and  reconsideration,  Act  2348,  §  324. 

Second  class,  publication  of.  Act  2348,  §  324. 

Third  class,  enacting  clause,  Act  2348,  §  525. 

Third  class,  passage,  approval  or  disapproval  and  reconsideration.  Act  2348,  §  523. 

Third  class,  signing,   attestation  and  publication,  Act   2348,  §  525. 

Third  class,  violation   of,  effect  of  and  punishment.  Act  2348,  §  529. 

Fourth  class,  action  for  penalty  for  breach,   interested  party  not  disqualified.   Act 

2348,  §  701. 
Fourth  class,  approval  or  disapproval  by  mayor  and  passage  over  veto,   Act  2348, 

§  670. 
Fourth  class,  as  evidence.  Act  2348,  §  632. 

Fourth  class,  ayes  and  noes  to  be  entered  on  journal  when.  Act  2348,  §  634, 
Fourth  class,  enacting  clause.  Act  2348,  §  631. 
Fourth  class,  entry  on  journal.   Act  2348,  §  633. 

Fourth  class,  majority  vote  necessary  in  what  cases.  Act  2348,  §  635. 
Fourth  class,  passage  and  publication  of.  Act  2348,  §§631-635. 
Fifth  class,  enacting  clause,   Act   2348,  §  765. 
Fifth  class,  judicial  notice  of,   Act  2348,  §  765. 
Fifth  class,  limitation  on  passage  of,  Act   2348,  §  763. 
Fifth  class,  record  of  as  evidence.  Act  2348,  §  788. 
Fifth  class,  signing,  attesting  and  publishing.   Act  2348,  §  765. 
Fifth  class,  violation  of,   punishment   and  proceedings.   Act   2348,  §  769, 
Sixth  class,  enacting  clause  of,  Act  2348,  §  863. 
Si.xth  class,  passage  of,  rules  governing.   Act   2348,  §  861. 
Sixth  class,  record  of  as  evidence,  Act  2348,  §  878. 


166a  INDEX. 

ORDINANCES.      (Continued.) 

Sixth  class,  signing,  attesting  and  publishing.   Act  2348,  §  863. 

Sixth  class,  violation  of  and  punishment  of,  Act  2348,  §  862,  subd.  14.  §  867. 

OROVILLE. 

Hogs  running  at  large  in,  prevention  of,  Act   1065, 
Water  for  fire  purposes,  Act  2588. 

ORPHAN  ASYLUM. 

Abandonment  of  children,  vrhat  constitutes.  Act   2594. 

Adoption  of  children,  managers  authorized  to  consent  to.  Acts  27,  2596. 

Appropriation  for  orphan,   half  orphan   and  abandoned   children.   Acts  54,2595. 

Appropriation  for  relief  of,  Act   2593. 

Authorized  to  bind  children  as  apprentices,  clerks  and  servants.  Act   214. 

Boards    to    investigate    organizations    receiving    dependent    or    delinquent    children, 

Act   1769. 
Guardians  of  children  in,  appointment  of,  Act  2597. 

Managers  may  bind  children  as  apprentices,   clerks  or  servants.  Act   214. 
Managers  of  orphan  asylums  may  consent  to  adoption,  Acts   27,  2596. 
Notice  of  children  admitted.  Acts   1622,  2594. 
Quarterly  publication  of  children  admitted.  Acts   1622,  2594. 

ORPHANS.      See  Orphan  Asylums. 
Care   of  orphan  children,   Act   1622. 

Home  for  orphans  of  ex-union  soldiers,  sailors  and  marines.  Act   3694. 
Trades  and  training  school  for  dependent,   abandoned  and  orphan  children.     See 
California   State  Trades  and  Training  School. 

OSTEOPATHY. 

Licensing  osteopaths.  Act  2602. 
Regulation  of  practice  of.  Acts  2163,  2602. 
State  board  of  osteopathic  examiners.  Act  2602. 

OVERSEERS. 

Water,   in  particular  county.      See  particular  title. 

OWNERSHIP. 

Notice  of  ownership  of  real  property,  filing  of,  Act  437. 

OYSTERS. 

Oyster  beds.  Act  2608. 

Planting  and  cultivation  of,   encouragement  of,  Act  2609, 

Statute  relating  to,  Act  2607. 

P 

PAPER. 

Creation  of  paper  to  circulate  as  money,  forbidden,  Act  2284. 

PARDON.      See  Parole  Commissioners. 

PARENT  AND  CHILD. 

Adoption.      See  Adoption. 

PARIS  GREEN. 

Fraud  in  sale  of,  prevention  of,  Act  2614. 
Regulation  of  sale  of.   Act  2614. 


INDEX.  1868 

PARKS.     See  Public  Parts. 

PAROLE  COMMISSIONERS. 

County  parole  commissioners,  creation  of,  Act  2620. 

County  parole  commissioners,  powers  of,  Act  2620. 

County  parole  commissioners,  rules  and  regulations  of,  Act  2620. 

County  parole  commissioners,  who  constitute,  Act  2620. 

Creation  of  board  for  parole  and  government  of  prisoners.  Acts  2619,  3868. 

Government  of  paroled  prisoners,  Acts  2619,  3866. 

Misdemeanors,  parole  of  prisoners,   convicted  of,  Act   2620. 

Parole  of  prisoners,  Acts  2619,  2620,  3866. 

PARTIES. 

Costs  in  actions  where  state  a  party,  Act   3781. 

PARTITION. 

Decrees  in,  recording  of  and  eflfect  of,   Act   837,  §§  123,  124. 

PARTITION  FENCES.      See  Fences. 

In  particular  counties.     See  particular  title, 

PARTNERSHIP. 

Mining  partnership,  act  relating  to.  Act  2219. 
Special,  formation  of.  Act  2624, 

PASADENA. 

Charter  of,  Act  2627. 

PASSENGER  CARRIERS. 

Duties  of  masters  of  vessels  in  relation  to  passengers  arriving,  Act  1587. 

PAUPERS. 

Almshouses  and  poor-houses,  duties  and  powers  of  supervisors.  Act  837,  §  25, 
subds.  5,  6. 

Appropriation  for  support  of  aged  persons  maintained  in  institutions.  Acts  54, 
2630. 

Bringing   into    state   a   misdemeanor,    Act   2631,  §  3. 

Counties,  duty  to  support,  Act   2631,  §  1. 

Fund  for  maintenance  and  support  of  persons  becoming  a  public  charge,  Act  2631, 

Funds  of,   refunding,   Act   2631,  §  8. 

Indigent  residents  afflicted  with  tuberculosis,  medical  treatment  of.  Act  2843. 

Indigent   sick,    provision   for,    Act   2629. 

In  particular   counties.      See  particular  title. 

Inquiry  into  ability  of  inmate  or  relatives  to  bear  expenses,   Act  2631,  §  5. 

Maintenance  and  support  of  indigent,  incompetent  and  incapacitated  persons  be- 
coming a  public  charge.  Act  2631. 

Property  subsequently  acquired,  chargeable  with  support,  Act  2631,  §  6. 

Property  subsequently  acquired,  duty  of  district  attorney.  Act   2631,  §  6. 

Residence,   defined,  Act   2631,  §  2. 

Residents  of  other  counties,  Act  2631,  §  4. 

Support,  duty  of  kindred,  Act   2631,  §  6. 

Support  of,  a  county  charge.  Act  837,  §  228,  subd.  7. 

PAWNBROKERS. 

Duties  and  liabilities  of.   Act  2636. 

Interest,  limit  on  rate  that  can  be  charged.  Act  2637. 


1664  INDEX. 

PAWNBROKERS.      (Continued.) 

Personal  property  brokers,  defined,  Act  2637. 
Regulation  of  charges  and  business  of,  Act  2637. 

PAYMENT. 

Legal  tender  notes  receivable  in  payment  of  taxes  and  debts,  Act  1895. 

Money  of  account.  Act  2282. 

Money.      See  Money. 

Payment  of  judgments  against  cities  and  counties  of  certain  sizes,  Act  1747. 

Payment  of  judgments  against  counties,  cities,  and  cities  and  counties,  Act  1746. 

PEACE   OFFICERS.      See  Police  Department. 

PEDDLERS. 

Ex-soldiers  and  sailors  permitted  to  peddle  without  license.  Act  3692. 
Itinerant  venders  of  drugs,  nostrums,  etc.,  to  cure  disease,  license  on,  Act  1941. 

PENALTY. 

Cars,  for  failure  of  railroad  to  furnish,  Act  2933. 
Cars,  for  failure  of  shipper  to  unload.  Act  2933. 

For  disobedience  of  subpoena  issued  by  trustees  of  city  of  sixth  class.  Act  2348, 
§  862,  subd.  17. 

PENSIONS. 

County  clerk  to  take  affidavits  of  claimants  without  fee,  Acts  829,  2641. 

Fire  department,  provisions  for  members  in  cities  of  first  class.  Act  2348,  §§  152, 

153. 
Firemen,  pensions  for  aged,  infirm  or  disabled,  Act  1178. 
Firemen's  pension   fund,   creation  of,   Acts  1173,  1175,  1178. 
No  fees  in  matters  concerning,  Acts  829,  837,  1122,  §  227. 
Police  relief,  health,  life  insurance  and  pension  fund,  creation  of,  Act  2735. 
Teachers' annuity  and  retirement  fund.    Act   3570. 
Teachers' annuity  and  retirement  fund,  withdrawal  of  contributor,  Act  3571. 

PERRY,  SALLY  C. 

Claim  of  state  to  certain  tract  quitclaimed  to,  Act  4030. 

PERSONAL  PROPERTY. 

Limit  of  rate  of  interest  that  can  be  charged  on  loan  on,  Act  2037. 
Regulation  of  business  of  loaning  money  on,  Act  2637. 

PERSONAL  PROPERTY  BROKERS.     See  Pawnbrokers. 

PESTHOUSES. 

Establishment  of  pesthouses  within  cities  prevented.  Act  2646. 

PESTS. 

Spreading  of,  prevention  of.  Acts  1516,  1649. 

PETALUMA. 

Board  of  education  of,  powers  and  duties  of.  Act  2653. 
English   Street,  widening  of,   Act   2655. 
Reincorporation  of.   Acts   2651,  2652. 
Sewerage  for,   system  of,  Act  2654, 

PETALUMA  CREEK. 

Drawbridge  across,  trustees  of  Petaluma   authorized  to  erect.   Act  2660. 

Navigation  of,   improvement  of.    Act   2661. 

Trustees  authorized  to  erect  drawbridge  across  Petaluma  Creek,  Act  2660. 


INDEX,  1665 

PETALUMA  EIVEE. 

Navigability   of,   Act  4358. 

PETROLEUM.      See  Oil. 

PHARMACY. 

Board  of  pharmacy,  Acts  2664,  2667. 

Board  of  pharmacy,  appointment,  powers  and  duties  of.  Act  2664. 

Plours  of  labor  for  drug  clerks,   penalty  for  violation   of  act  relating  to.   Act  2665. 

Hours  of  labor  of  drug  clerks,  regulation  of.  Act  2665. 

Licenses  from  itinerant  venders  of  drugs  paid  to   state  board  of,  Act   1941. 

Licenses  received  from  venders  of  drugs,  report  of,  Act   1941. 

License  to  practice,   regulation   of.   Act  2664. 

Paris  green,  fraud  in  sale,  prevention  of,  Act  2614. 

Paris  green,  regulation  of  sale  of.  Act  2614. 

Poisons,  regulation  of  sale  of.  Acts  2666,  2667,  2723,  2724. 

Practice   of,  regulation  of.   Acts  2664,  2666,  2667. 

Registered  assistant  pharmacist.  Act   2664. 

Registered  pharmacists,  who  are.  Act  2664,  §  4. 

Register  of  board  of,  reproduction  of.  Acts  438,  3016. 

Reproduction  of  register  of  board  of.  Acts  438,  3016. 

PHOTOGRAPHS. 

Sheriffs   and    chiefs    of    police    to   be    furnished    descriptions    and    photographs   of 
prisoners  about  to  be  discharged.   Acts  738,  2767. 

PHYSICIANS.      See  Medicine;  Optometry;  Osteopathy;  Veterinary  Surgery. 
Deaths,  duties  relating  to,  Act  897. 
Dentistry.      See  Dentistry. 

Regulation  of  medical  practice  to  prevent  blindness  in  infants.  Act  2160. 
Surrender  of  dead  bodies  for  dissection,  Act  937. 
To  inquire  into  sanity  of  convict,  costs  a  state  charge.  Act  2070. 

PIECE  CLUBS. 

Prevention  of.  Act  1018. 

PIGEONS.     See  Homing  Pigeons. 

PILOTS. 

Appointment  of  at  Wilmington,  and  duties  and  compensation  of,  Act"  2672. 
San  Pedro,  appointment  of,   at,  and  duties  and  compensation  of,   Act  2672. 

PINNACLES. 

Destruction  of  game  within  Pinnacles  forest  reserve  and  Pinnacles  national  monu- 
ment, prevention  of.   Act  1340a. 

PISTOLS. 

Registration  of  purchasers  of  pistols.  Act   883. 

PITT  RIVER. 

Removal  of  obstructions  in.  Acts  2677,  2078. 

PLACER  COUNTY. 

Animals  of  another,  wounding  in,  punishment  of,  Act   1593. 
Animals,  trespassing  of  in  certain  townships  in.   Act   2683. 
Bounties  for  destruction  of  wild  animals  in.  Act   189. 
Classification  and  population  of,  Act   837,  §§  10,  157. 
Gen.  Laws — 105 


1666  INDEX. 

PLACER  COUNTY.      (Continued.) 

District  attorney,  fees  of  in,  Act  945. 

Fences  in,  Acts   1134,1135,1137. 

Fences  in,  tearing  down  of,  prevention  of,  Act  1593. 

Firemen,  exemption  of  from  poll  tax,  Act  4063. 

Fires,  leaving  of,  punishment  of.  Act   1593. 

Highways,  location,  obstruction  and  maintenance  of.  Acts  2684-2686. 

Hunting  on  inclosed  lands  in,  prevention   of.   Act   1593. 

Inclosures,   passing   through  and  leaving   open,   Act   1593. 

Levee  district,  formation  of  in  Yuba,  Sutter  and  Placer  counties,  Act   1915. 

Levee  district  in.  Act   1915. 

Notaries,   additional,   for.   Act   2687. 

Officers,  deputies  and  assistants,  and  salaries,  fees  and  allowances,  Act  837,  §  185. 

Population   of,   Act  837,  §  10. 

Recorder,  fees  of,  Act  2689. 

Recorder,  salary  of.   Acts   2688,  2689. 

Records  of,  legalizing.  Act  2690. 

Roads  in.  Acts   2685,  2686. 

Sheriff  and  tax  collector,  offices  consolidated,  Act  2691. 

Sheriff  ex  officio  tax  collector,  Act  2691. 

Stallions  prevented  from  running  at  large  in.  Act   1063. 

State  highway  from  Emigrant  Gap  in,  to  Donner  Lake,  Act   1457a. 

Supervisors,  regulation  of  powers  of,  Act   2692. 

Supervisors,  reorganization  of  board.  Act  2693. 

PLACERVILLE. 

Bonds,  common  council  authorized  to  issue.  Act  2697. 
Common  schools  of.  Acts  2704,  2705. 

Raceway  through,  time  for  construction  of  extended,  Act  2699. 
Reincorporation  of.  Act  2698. 
Sidewalks   of,   improvement   of,   Act  2700. 
Streets  in,  improvement  of,  Act  2700. 

Trusts   in   favor  of  inhabitants  through  congressional  grants,   execution  of,  ActB 
2701-2703. 

PLAINS. 

Judges  of  the.  Act  1741. 

PLANK  ROAD  CORPORATION. 

Formation  of.  Acts  765,  4202. 

PLANS. 

Public  buildings,  unfinished,  change  of  plans,  Act  2899. 

PLAYGROUNDS. 

Assessment  districts,  establishment  of  to  pay  expense  of  acquiring  land.  Act  2884. 
Cities  authorized  to  acquire  land  for  by  condemnation.   Act  2884. 

PLEADINGS. 

Restoration  of  burnt  pleadings.      See  Burnt  or  Destroyed  Records  or  Documents. 

PLEDGES.      See  Pawnbrokers. 

PLUMAS  COUNTY. 

Animals  of  another,  wounding  in,  punishment  of,  Act   1593. 
Butte  and  Plumas  counties,  boundary  line  between.   Act  807. 
Classification  and  population  of,  Act  837,  §§  10,  157. 


INDEX.  1667 

PLUMAS  COUNTY.      (Continued.) 

District  attorney,   salary  of,  Act  2708. 

Fences  in,  tearing  down  of,  prevention  of.  Act  1593. 

Fires,  leaving  of,  punishment  of,  Act  1593. 

Highways  of,  Act  2709. 

Hunting  on  inclosed  lands  in,  prevention  of,  Act  1593. 

Inclosures,  passing  through  and  leaving  open,  Act  1593. 

Notary,  additional,  to  reside  at  Mohawk  Valley,  Act  2710. 

Officers,  deputies  and  assistants,  and  salaries,  fees  and  allowances  of,  Act  837, 
§  207. 

Officers  of,  salaries  of,  Act  2711. 

Plumas   and  Lassen   counties,  boundaries  between,   Act  809. 

Population   of.   Act   837,    §    10. 

Protection  of  fish  in.  Acts   1331,  1332. 

Roads  in,  keeping  in  repair.  Act  2712. 

Shasta  and  Plumas  counties,  boundary  line  between,  Act  814. 

Sierra  Iron  Company  granted  right  to  construct  road  in  Sierra  and  Plumas  coun- 
ties. Act  3653. 

Stallions  prevented  from  running  at  large  in,  Act   1063. 

Tax  collector  of,  fees  of.  Act  2713. 

PLUMBING. 

Plumbing  and  drainage  of  buildings,  regulation  of  by  boards  of  health,  or  health 

officers,   Acts  2838,  2839. 
Registration  of  plumbers,  Acts  2838,  2839. 

PLYMOUTH. 

Hogs  and  goats  prevented  from  running  at  large.  Act  2718. 

POISONS. 

Administering  to  animals,  Act   192. 

Paris  green,  fraud  in  sale  of,  prevention  of.  Act  2614. 

Paris  green,  regulation  of  sale  of.  Act  2614, 

Penalty  for  violation  of  statute  regulating  sale  of,  Act  2724. 

Regulation  of  sale  of.  Acts  2666,  2667,  2723,  2724. 

Sale  of.     See  Pharmacy. 

POLICE.     See  Police  Department. 

POLICE   COURTS. 

Creation  of  in  cities  of  certain  sizes.  Acts  2739,  2740. 

Police  judge.      See  Police  Judge. 

Prosecuting  attorney,  appointment,  term  of  office,  salary  and  duties,  Act  2743. 

In  cities  of  first  class  organized  under  municipal  corporation  bill. 
Abolition  of  courts  and  transfer  of  records,   Act  2348,  §  245. 
Assistant  district  attorney,  duty  to  take  dying  statements.  Act  2348,  §  242. 
Attornev,   qualifications   of.   Act   2348,  §  243, 
Bail,    Act  2348,  §§  238,  240. 
Bailiffs  for.  Act  2348,  §  244. 
Bank,  sitting  in.  Act   2348,  §  230. 
Bond,   Act  2348,  §§  238,  240. 

Classification  of  judges  for  assignment  to  departments.  Act  2348,  §  229. 
Commitments,    Act  2348,  §§  233-235. 
Contempt,    punishment   of.   Act  2348,  §  237. 
County  clerk,  duties  and  powers  of,   Act  2348,  §§238,240. 
County  clerk,  record  of.  Act  2348,  §  238. 
Departments,  number  of,  Act  2348,  §  229, 


1668  INDEX. 

POLICE   COURTS.      (Continued.) 

Division   of  business,   Act   2348,  §  229. 

Examinations,  Act   2348,  §  233.  tfe 

Healing,   Act   2318,  §  233. 

Judge  of,  salary  of,  Act  2348,  §  26,  subd.  15. 

Judicial  power  vested  in.   Act   2348,  §  229.  ' 

Jurisdiction,   Act   2348,  §§  231,  232. 

Justice,  presiding,  who  may  act  as,  Act   2348,  §  241. 

Justice,  when  to  act  as  police  judge,  Act   2348,  §  241, 

Number  of  judges.  Act   2348,  §  229. 

Office  hours,  Act  2348,  §  239. 

Powers  of.  Act   2348,  §  233. 

Powers  of,  how  exercised.  Act  2348,  §  230. 

Procedure,   Act   2348,  §  233. 

Prosecuting  attorney  and  assistants,   salaries  of,  Act  2348,  §  26,  subd.  16. 

Record,  not  a  court  of,  Act  2348,  §  229. 

Seal,  Act   2348,  §  229. 

Sentence  to  hard  labor.  Act  2348,  §  236. 

Sittings,  Act  2348,  §  229. 

Cities  of  first  and  one-half  class. 
Appeals,   Act  2741,  §  11. 

Clerks,  appointment,  bond,  duties,  salary,  etc.,  of.  Act  2741,  §  6. 
Disqualification  of  justice  and  proceedings  on,  Act  2741,  §  4. 
Dockets,   Act   2741,  §  9. 

Pines  and  collections,  payment  into  treasury,  Act   2741,  S  8. 
Judicial  power  vested  in.  Act   2741,  §  1. 
Jurisdiction  of,  Act  2741,  §§  2,  3. 
Justices,  duty  to  hold.   Act   2741,  §  1. 

Open,  always,  except  on  nonjudicial  days,  Act  2741,  §  10. 
Power  of  justice   sitting  as  police  judge.   Act   2741,  §  5. 
Prisoners,   place  of  imprisonment  or  of  labor,   Act   2741,  §  12. 
Prosecuting  attorney,   appointment,   term  of  office,   duties,   salary,   etc.,  Act  2741, 

§7. 
Report  of  justices  sitting  as  judge,   Act  2741,  §  14. 
Rooms  and  supplies.   Act   2741,  §  9. 
Seal,  Act   2741,  §  13. 
Sessions,  number  of,  Act  2741,  §  1. 
Transcripts,  certified,  as  evidence.   Act  2741,  §  15. 
Warrants  and  process,  effect  of,  Act  2741,  §  15. 

Cities  of  second  class  generally. 
Act  providing  for.  Act  2739. 
Appeals,   Act   2742,  §  11. 

Clerk,  appointment  and  term  of  office.   Act   2742,  §  6. 
Clerk,  bond,   salaries  and  duties  of.  Act  2742,  §  6. 
Dockets,  Act   2742,  §  8. 
Imprisonment,  place  of,  Act  2742,  §  12. 
Judicial  power  of  city  vested  in.  Act  2742,  §  1. 
Jurisdiction  of.  Act   2742,  §§  2,  3,  5. 

Justices,  disqualification   and  proceedings   on,   Act  2742,  §  4. 
Justices,  power  of,  Act  2742,  §  5. 
Justices  to   sit  as  police  judge.   Act   2742,  §  2. 
Labor  of  prisoners,  where  performed.   Act   2742,  §  12. 
Open  on  what  days.  Act  2742,  §  10. 
Prosecuting  attorney,  appointment,  term  of  office,  salary  and  duties,  Act  2742,  §  7. 


INDEi:  1669 

POLICE   COURTS,      (Continued.) 

Reports,  monthly,  of  cases  to  city  council,  Act  2742,  §  14. 

Rooms  and  supplies,  Act  2742,  §  9. 

Seal   of,   Act   2742,  §  12. 

Transcripts  of  dockets  or  files,   certified,   as  evidence.   Act  2742,  §  15. 

Warrants  and  process,  validity  and  effect  of,  Act  2742,  §  15. 

In  cities  of  second  class  organized  under  municipal  corporation  bilL 
Appeals,  Act  2348,  §  399. 

Clerk  of,  appointment,  term  of  office  and  bond,  Act  2348,  §  395. 
Clerk  of,  powers  and  duties,  Act   2348,  §  395. 
Clerk  of,  salary  of,   Act   2348,  §  307. 

Disposition  of  fines  and  moneys  collected.   Act   2348,  §  396. 
Dockets,   Act   2348,  §  397. 
Imprisonment,   place   of.   Act   2348,  §  400. 
Judicial  power  of  city  vested  in,  Act   2348,  §  390. 
Jurisdiction,  Act   2348,  §§  391,  392. 
Justice,  disqualification  to  sit  as.  Act  2348,  §  393. 
Justice   sitting  as,   powers   of,   Act   2348,  §  394. 
Justice  to  sit  as,  Act  2348,  §  390. 
Open  when,  Act   2348,  §  398. 
Powers   of,    Act   2348,  §  394. 
Report  monthly,   Act   2348,  §  403. 
Rooms,  Act   2348,  §  397. 
Seal,   Act   2348,  §  401. 

Supplies  and  accommodations  for,  duties  of  supervisors,  Act  2348,  §  397. 
Transcripts,  certified,  as  evidence.  Act  2348,  §  403. 
Warrants  and  process,  force  and  validity  of,  Act  2348,  §  403. 

Cities  of  third  class  generally. 
Act  providing  for  police  courts  in.  Act  2740. 

Cities  of  third  class  organized  under  municipal  corporation  bill. 
Appeals,  Act  2348,  §  560. 

Clerk,  appointment,  duties  and  compensation.  Act  2348,  §  563. 
Judges,  disqualification  of  and  proceedings  in  case  of,  Act  2348,  §  567. 
Judges,  election  and  term  of  office.  Act  2348,  §  502. 
Judge,  powers  and  duties  of.  Act  2348,  §  561. 
Judicial   power  of  vested  in.   Act   2348,  §  560. 
Jurisdiction,   Act   2348,  §  560. 
Practice,  Act  2348,  §  560. 
Record,  is  court  of,  Act  2348,  §  560. 
Seal  of,  Act  2348,  §  563. 

Cities  of  fourth  class  organized  under  municipal  corporation  bill. 
Appeals,   Act   2348,  §  694. 

City  attorney  to  prosecute  what  cases,   Act  2348,  §  695. 

District    attorney    to    conduct    preliminary    examinations    before.    Act  2348,  §  695. 
Dockets,   Act  2348,  §  693. 
Establishment  of.   Act   2348,  §  690. 
Incarceration   and  labor,   Act   2348,  §  696. 

Interest  of   inhabitant   is  not  disqualification.   Act   2348,  §  701. 
Judce,  bond  of,  Act  2348,  §  607. 

Judge,  election   and  term  of  office.  Act   2348,  §  602. 
Judge,  salary  of,  Act  2348,  §  699. 


1670  INDEX 

POLICE  COURTS.      (Continued.) 
Jurisdiction,   Act   2348,  §  691. 
Jury  trial,  Act  2348,  §  692. 

Justice  of  the  peace  may  act  as  judge,  Act  2348,  §  700. 
Open,  when.  Act   2348,  §  690. 
Powers   of   judge.    Act   2348,  §  692. 

Process  and  warrants,   effect  of  in  other  parts  of  state,   Act   2348,  §  697. 
Prosecution   of  proceedings   before,  Act  2348,  §  695. 
Report  of  judge.  Act   2348,  §  698. 
Seal,  Act   2348,  §  697. 
Transcript  of  docket  as  evidence.  Act  2348,  §  697. 

POLICE  DEPARTMENT. 

Appointment  of  police  to   serve  upon  cars  or  boats.  Act   2734. 

Captain  of,  compensation  of  in  certain  cities,   Act   2731. 

Chief  of,   compensation  of  in  certain  cities,   Act  2731. 

Forfeiture  under  law  relating  to  explosives,  any  member  of  department  may  sue 
for.   Act   1093,  §  10. 

Hours  of  labor  of  members  of  police  department  in  cities  and  cities  and  coun- 
ties.  Acts   2728,  2729. 

Increase  of  force  in  various  cities  and  cities  and  counties,  Act  2730. 

Officers,  compensation  of  in  certain  cities.  Act  2731. 

Photographs  and  description  of  discharged  convicts,  giving  to  sheriffs  and  chiefs 
of  police.   Acts   738,  2767. 

Police   relief   health,    life   insurance    and   pension   fund,    creation   of,    Act   2735. 

Salaries  of  chief,   captain  and  otlicers  of  ceitain   cities,   Act   2731,  2732. 

Senior  rights  in  assignment  of  duty  of  officers  who  have  served  ten  years,  Act 
2736. 

Sheriffs  and  chiefs  of  police  to  be  furnished  descriptions  and  photographs  of 
prisoners.   Act   738. 

Tax  collector,  performance  of  duties  of  by  chief  of  police,  Act  4043,  §  8. 

Vacation,   commissioners  to  grant  yearly.  Act   2733. 

Wardens  to  furnish  description  of  convicts  to,  Act   738. 

Cities  of  particular  classes. 
Cities  of  first  class,  appointment  of  officers,  Act  2732. 
Cities  of  first  class  authorized  to  pay  rent  of  stations  and  salaries  out  of  general 

fund.  Act   3209. 
Cities  of  first  class,  captains  of  police,  Act  2348,  §  140,  subd.  23. 
Cities  of  first  class,  chief  of  police.   Act  2348,  §  140,  subd.  22. 
Cities  of  first  class,  fire-alarm  and  police  telegraph  in.  Act  2348,  §§  162-164. 
Cities  of  first  class,  fire-alarm    and    police    telegraph,    provisions    relating    to,    Act 

2348,  §§ 162-164. 
Cities  of  first  class,  hours  of  service  of  members.  Acts  2728,  2729. 
Cities  of  first  class,  of  what   consists.   Act   2348,  §  140. 
Cities  of  first  class,  police   commissioners,   appointment,   qualifications  and  terms  of 

office.    Act  2348,  §  140,  subd.  1. 
Cities  of  first  class,  police   commissioners,    clerk   of.    Act  2348,  §  140,  subd.  1, 
Cities  of  first  class,  police  commissioners,  oath  of.  Act  2348,  §  140,  subd.  1. 
Cities  of  first  class,  police    commissioners,    powers    and    duties    of   enumerated,    Act 

2348,  §  140,  subds.  1-25. 
Cities  of  first  class,  police  commissioners,   restrictions   upon,   Act  2348,  §  140,  subd. 

1. 
Cities  of  first  class,  police   commissioners,   sessions   of,   Act  2348,  §  140,  subd.  1. 
Cities  of  first  class,  police  department  in,  provisions  relating  to,  Act  2348,  §§140, 

141. 
Cities  of  first  class,  police  ofiScers  in.  Act  2348,  §  140,  subd.  24. 


I*rDEX.  1671 

POLICE  DEPARTMENT.      (Continued.) 

Cities  of  first  class,  rules  and  regulations,  power  and  duty  of  police  commission- 
ers as  to,  Act  2737. 

Cities  of  first  class,  rules  and  regulations,  violation  of  and  punishment  for.  Act 
2737. 

Cities  of  first  class,  salaries  of  oflficers  in.   Act  2732. 

Cities  of  first  class,  surgeon  of  police,  Act  2348,  §  141,  subd.  25. 

Cities  of  first  and  one-half  class,  hours  of  labor  of  police  in,   Act  2729, 

Cities  of  second  class,  captain    of   police,    salary   of,    Act   2348,  §  307. 

Cities  of  second  class,  duty  of  chief   of  police,   Act  2348,  §  372. 

Cities  of  second  class,  hours  of  labor,  Act  2729. 

Cities  of  second  class,  number  of  policemen.  Act  2348,  §  358. 

Cities  of  second  class,  police  detective,  salary  of.  Act  2348,  §  307. 

Cities  of  second  class,  policemen,  removal  of,  Act  2348,  §  358. 

Cities  of  second  class,  policemen,  salary  of.  Act   2348,  §  307. 

Cities  of  fourth  class,  chief  of  police,  deputies  of,  appointment,  term  of  office, 
duties   and   salaries  of.   Act  2348,  §  672. 

Cities  of  fourth  class,  chief  of  police,  election  and  term  of  office.  Act  2348,  §  602. 

Cities  of  fourth  class,  chief  of  police,  powers  and  duties  of,  Act  2348,  §  699. 

Cities  of  fourth  class,  chief  of  police,  salary  of,  Act  2348,  §§  673,  699. 

Cities  of  fourth  class,  number  of  policemen.   Act   2348,  §  620. 

Cities  of  fourth  class,  police    commission   in.    Act   2348,  §  680. 

Cities  of  fourth  class,  police  force  in,  Act  2348,  §§  679,  680. 

Cities  of  fourth  class,  policemen,  powers  and  duties.   Act  2348,  §  699. 

Cities  of  fourth  class,  policemen,  salaries  of,  Act  2348,  §  699. 

Cities  of  fourth  class,  police  trial  commission  in.  Act  2348,  §  681. 

Cities  of  fifth  class,  police  department  in  under  control  of  city  marshal.  Act  2348, 

■    §  790. 

Cities  of  sixth  class,  marshal  has  control  of  police,  Act  2348,  §  880. 

Cities  of  sixth  class,  police  power  of  supervisors  to  appoint  and  fix  compensation. 
Act   2348,  §  852. 

POLICE  JUDGES.     See  Police  Courts. 

Appointment  of  in  cities  where  no  provision  made  for  in  charter,   Act  2744. 

Cities  of  first  class,  salary  of,  Act  2348,  §  26,  subd.  15. 

Cities  of  third  class,    disqualification    of    and   proceedings    in    case   of,    Act  2S48,  § 

562. 
Cities  of  third  class,  powers  and  duties  of,  Act  2348,  §  561. 
Cities  of  third  class,  salary  of,  Act  2348,  §  506. 
Cities  of  fourth  class,  election  and  term  of  office,  Act  2348,  §  602. 
Cities  of  fourth  class,  powers  of.  Act  2348,  §  692. 
Cities  of  fourth  class,  salary  of.  Act  2348,  §  699. 

POLYTECHNIC  SCHOOL.      See  California  Polytechnic  School. 

POOK-HOUSE.     See  Paupers. 

POOR  LAWS.      See  Paupers. 

POPPY. 

Golden,  selected  as  state  flower.  Act  3819. 

POPULATION.      See  Census. 

Counties,  population   of  the   various   counties.   Act  837,  §  10. 
Counties  of  fifteenth  class,  how  ascertained.   Act    837,  §  172,  subd.  17. 
Counties  of  sixteenth  class,  how  determined.  Act   837,  §  173,  subd.  16. 


1672  INDEX. 

POPULATION.      (Continued.) 

Counties  of  nineteenth  class,  of,  Act  837,  §  176,  subd.  15. 

Counties  of  twentieth  class.  Act   837,  §  177,  suhd.  15. 

Counties  of  twenty-sixth  class,  how   ascertained,  Act  837,  5  183,  suljd.  14. 

Counties    of   thirty-fourth    class,    classification    of    townships    in.    Act    837,    §  191, 

subd.  14. 
Counties  of  thirty-eighth  class,  classification  of  townships  in,  Act  837,  §  195,  subd. 

13. 
Counties  of  forty-first  class,   how  ascertained.   Act  837,  §  198,  subd.  13. 
Counties  of  forty-third  class,  how  ascertained,  Act  837,  §  200,  subd.  17. 
Particular  county,  of.      See  particular  title. 

POSSE   OOMITATUS. 

Supervisors  authorized  to  pay  expenses  of.  Act  3959. 

POSSESSORY  ACTIONS. 

Mode  of  maintaining  and  defending.  Acts  2847,  2848. 

POSSESSORY  CLAIMS. 

Protection  of  growing  timber  on,  Act  1402. 

POULTRY, 

Poultry   experiment   station,   statute  relating  to,   Act  2748. 

POUNDMASTER. 

Cities  of  fifth  class,  supervisors  in  may  appoint,  Act  2348,  §  752. 
Cities  of  sixth  class,  power  of  supervisors  to  appoint.  Act  2348,  §  852. 

PRACTICE.      See  Commissioners  in  Equity. 

Practice  in  supreme  court,  regulating.  Act  842. 

PRE-EMPTION.     See  Public  Lands. 

PREFERENCES. 

Ex-union  soldiers,  sailors  and  marines,  preference  of  in  public  service.  Acts  2893, 

3695. 
Laborers  are  preferred  creditors,  Act  1823. 

PREMIUM. 

Ofiicial  bond,  payment  of,  on,  Acts  329,  2544. 

PRESIDENT. 

Assault  upon,  punishment  of,  Act   693. 

Conspiracy  to  commit  any  crimes  against,  punishment  of.  Act  693. 

PRESTON  SCHOOL  OF  INDUSTRY. 

Additional  land  for,  purchase  of.  Act  2754. 
Commitments  to,  Acts  2756,4410. 

Commitments  to,  authority  given  to  siiperior  judges.  Act  2756. 
Dependent  and  delinquent  children,  commitment  to  and  release  from.  Act   1770. 
Establishment  of.  Act  2753. 

Evil-disposed  persons  prevented  from  coming  on  grounds  of.  Acts  2755,  4409. 
Maintenance  of.  Act   2753. 

Maintenance  of  inmates,  liability  for,  Acts  2756,  4410. 
Management  of.  Act  2753. 

Trustees   authorized   to    acquire   property   by   gift,   bequest   or   devise,    Acts  2757, 
4412. 


INDEX.  1873 

PRIMARY   ELECTIONS. 

Acts  concerning,  Acts   1011,  1012,  1013. 

Act  of   1909   providing  for  and  regulating,   Act   1013. 

Expressing  choice  for  United  States  Senate  at.  Act  1013. 

PRINCIPAL  AND  AGENT.      See  Agency. 

PRINTER   OF   STATE       See   State   Printer. 

PRINTING. 

City,  letting  out  on  bids  in  cities  of  first  class.   Act  2348,  §  106. 

PRISONERS.      See    Preston     School    of    Industry;     Whittier    State     School;     State 

Prisons. 
Acknowledgment  of  deeds  and  instruments  by,  Act  2764. 
Allowance  to  sheriflf  for  boarding.  Act  2348,  §  215. 
Arrest,   trial,   recommitment   and  punishment   of   convicts   who   have   escaped,    Act 

1041. 
Asexualization  of,  Act  247. 

Bureau  of  criminal  identification.      See  Bureau  of  Criminal  Identification. 
Convicts.      See  Convcts. 

Costs  and  expenses  of  trial  of  convicts  for  crimes  in  prison,  Acts  736,  783,  3859. 
Costs   of  trial  of  escaped  convicts,   Acts   736,  7S3,  3S59. 
Cutting  of  hair  of  persons  convicted  of  misdemeanor.  Acts   2834,  3863. 
Discharged,  directors  authorized  to  assist  in  securing  employment,  Act  2779. 
Employment  of  in  construction  of  roads.  Acts   2773,2774. 
Employment  of  on  roads,   Acts   2773,  2774,  3862. 
Expenses  of  keeping  a  county  charge.  Act   837,  §  228. 
Federal  prisoners,   confinement   of.   Act   2768. 
Importation  of  convicts  into   state,   prevention  of,  Act   737. 
Incarceration  and  labor  where  committed  by  judges  of  cities  of  fourth  class.  Act 

2348,  §  696. 
Insane,  building  for  accommodation  of,   erection  of,  Acts  2869,  2770. 
Insane,  state  hospital  for,  Act  2776. 
Juvenile,   separation   from  adults.  Act   1769. 
Matron,  duties  and  powers  of,  Act   2775. 
Matron,  compensation   of,   Act   2775,  §  3. 
Not  to  make  articles  for  officers.  Act  2551. 
Parole  commissioners.      See  Parole  Commissioners. 
Sheriffs    and    chiefs    of   police  .to    be    furnished    descriptions    and   photographs   of 

prisoners.   Acts   738,  739,  2767. 
Sheriff,  compensation    and    allowance    for    conveying    to    state    prisons,    Acts  837, 

§  215;  3627. 
Support  of  prisoners  a  county  charge,  Act  837,   §  228,  subd.  3. 
Wardens  to  furnish  description   of  convicts.   Act  738. 
"Wardens  to  furnish  information   concerning,   Act  739. 

PRISONS.      See  Jails;   State  Prison. 

Alterations  in,  power  to  make,  Act  3284. 

Folsum,  additional  cells  at,  erection  and  construction  of,  Act  2777. 

Folsom,  wall,  erection  of  around.   Act   2777. 

Government  and  regulation  of,  Act   2763. 

House  of  correction,  commitments  to.  Act   1540. 

House  of  correction  of  San  Francisco.      See  San  Francisco. 

Infant  prisoners  to  be  separated  from  adults.  Act   1769. 

Insane  convicts  charged  with  felony,  establishing  hospital  for  at  Folsom,  Act  2776. 


1674  INDEX. 

PRISONS.      (Contimied.) 

Insane  convicts,  hospital  for  at  rolsom,  government  and  management  of,  Act  2776. 
Jute    goods,    price    and    conditions    of    sale,    Acts  1764,  1768.     See    Jute;     State 

prisons. 
Matrons,    appointment,   powers,    duties    and    compensation    of,    Acts  837,  §214 1/^; 

2775. 
Matron,  creation  of  office  of  in  certain  cities.  Act  2775. 
Matron  not  to  be  hindered  in  discharge  of  duty,  Act  2775,  §  4. 
Matron,  searching  of  female  prisoners,   Act   2775,  §  4. 
Parole  commissioners.      See   Parole   Commissioners. 
San  Quentin,  erection  and  construction  of  additional  cells.  Act  2778. 
San  Questin,  improvements  at,  Act   2778. 
Wardens  to  furnish  descriptions   of  convicts.    Act   738. 
Wardens  to  furnish  sheriffs  with  information  concerning  convicts.  Act  739. 

PRIZE-FIGHT. 

Infant  under  eighteen  not  permitted  to  attend,  Acts  1610,  2782. 
Permitting  infant  under  eighteen  to  visit,  a  misdemeanor,  Act  1610. 
Prohibited,   Act  2781. 

PROBATE  COURTS.      See  Public  Administrators. 
Powers  of  conferred  on  superior  courts,   Act   846. 
Ratification  of  void  probate  sales,  Act  2785. 

PROBATION. 

Probation   officers,    appointment,   powers   and   duties  of,   Act  176£>. 
Probationary  treatment  of  juvenile  delinquents,  Act   1769. 

PROCEDURE.      See   Commissioners   in   Equity. 
Practice  in  supreme  court,  regulating.  Act  842. 

PROCESS.      See  Summons. 
Definition  of,  Act  837,  §  88. 

Elisor,  compensation  for  serving  process,  Act   837,  §  105. 
Elisor,  service  of  process  by,  Act  837,  §  105. 
Elisor,  when   to   serve  process.   Act   837,  §  105. 

Executed  at  e.xpiration  of  term  of  sheriff,  how  served.  Act  837,  §  103. 
Execution  of  in  new  counties,  Act  2790. 
Foreign   corporations,   to   designate   person   upon   whom  process    served,    Acts  774, 

775. 
Includes  what.  Act  837,  §  88. 
Instructions  to  sheriff  as  to  service  or  return  to  be  written  to  excuse  sheriff,  Act 

837,  §  98. 
Mileage  for  service  of  papers  or  process  issued  outside  of  county.  Act  837,  §  215. 
Returnable  to  another  county,  how  returned,  Act  837,  §  90. 
Return,  failure  to  make,  liability  of  sheriff,  Act  837,  §  92. 
Return  prima  evidence  of  facts  stated,   Act  837,  §  91. 
Served  how  where   sheriff  a  party,   Act  837,  §  104. 
Service  by  conslaMe  outside  of  township,   effect  of.  Act  837,  §  153. 
Service  where   sheriff  a  party,  Act  837,  §  104. 
Sheriff,  justification   of   under.    Act  837,  §  100. 
To   be   shown   to   parties   interested   on    request,   Act  837,  §  101. 
Validation  of  writs,  process  and  certificates  issued  before  courts  have  seals.  Act 

2791. 

PROMISSORY  NOTES. 

Act  relating  to  bills  of  exchange  and  promissory  notes.   Act  344. 


INDEX.  1676 

PROSECUTING  ATTORNEY. 

Police   courts,   of.      See   Police  Courts. 

PROSTITUTION.      See  House  of  Prostitution. 

Chinese  or  Japanese  women,  importation  of,  for,  prevented,  Acts  592,  2797. 

Compulsory,   of   women,   prevention   of.   Act  2797. 

Placing  of  married  women  in  houses  of,   prevention  of,  Act  2796. 

Suppression  of  Chinese  houses  of,   Act  593. 

Suppression  of  houses  of,  Act  ISAS, 

PROTECTION  DISTRICTS. 

Annulment  of  for  nonuser  of  corporate  powers,  Acts  2803,   2974,   4025. 

Assessments,  special,  Act  2805,  §  53. 

Assessments  where  bonds  insutificieut  or  unavailahle,  Act  2805,  §  30. 

Bond  of  petitioners,  Act  2805,  §  2. 

Bonds,  Act  2805,  §§  26,   29. 

Bonds,  exclusion  of  lands,   assent  of  bondholders,   Act  2805,  §  67. 

Bonds,  exclusion  of  lands  does  not  affect.  Act  2805,  §  72. 

Bonds,  issuance,    sale   of,    interest,    etc.,   Act  2805,  §§  26-29. 

Bonds,  redemption  of,   Act  2805,  §  47. 

Bonds,  reduction    of   bonded    indebtedness,    Act  2805,  §§  86-88. 

Bonds,  refunding  of  and  issuing  of  new  bonds,  Act  2805,  §§  31-38. 

Bonds,  suits   to  determine  validity  of.   Act  2805,  §§  56-61. 

Bonds,  unsold,    destruction   of,    Act  2805,  §  89-91. 

Boundaries,    Act  2805,  §  3. 

Boundaries,  change  of.  Act  2805,  §  15. 

Boundaries,  change  of,    authorized.   Act  2805,  §§  62,    75. 

Boundaries,  change  of,   by   exclusion    of   lands.    Act  2S05,  §§  62— 73. 

Boundaries,  change  of  by  inclusion  of  land.  Act  2805,  §§  74—85. 

Boundaries,  change  of,   effect  of.   Act  2805,  §§  62,   75. 

Claims  to  be  paid  by  warrants.  Act  2805,  §  49. 

Condemnation  of  land,  Act  2805,  §§  13,  15. 

Contracts.      See  post.  Works,  this  subject. 

Costs   to   be  paid  from  instruction  fund,   Act  2805,  §  50, 

Debt,  limit  of.  Act  2805,  §  54. 

Directors,  anniial   financial   statement,   Act  2805,  §  12. 

Directors,  change  of  boundaries,  effect  of  and  proceedings  on,  Act  2805,  §§  69,  70. 

Directors,  classification,  Act  2805,  §  11. 

Directors,  districts.   Act  2805,  §  4. 

Directors,  election.   Act  2805,  §§4,   16. 

Directors,  meetings   of,   Act  2805,  §  12. 

Directors,  minutes   of  meetings,   Act  2805,  §  12. 

Directors,  number  of,  Act  2805,  §  24. 

Directors,  organization.   Act  2805,  §§  11,    17. 

Directors,  pay  and  expenses  of,  Act  2805,  §  51. 

Directors,  powers   and  duties,   Act  2805,  §§  13,   25,   26,   39,   40. 

Directors,  president.    Act  2805,  §  17. 

Directors,  qualification,   oath  and  bond.   Act  2805,  §  16. 

Directors,  secretary,   salary,   appointment,   term  of  office,   duties,   salary  and  bond, 

Act  2805,  §§  11,  12,   17. 
Directors,  term  of  office,  Act  2805,   §§  10,  17. 
Directors,  vacancies,    filling,   Act  2805,  §  16. 
Dissolution  of  for  nonuser,  Acts  2803,  4026. 
Duties,  powers  and  rights.   Act  2805,  §  1. 
Electioai  within  after  organization,  holding  and  conducting  of.  Act  2805,  $3  18-23. 


1676  INDEX. 

PEOTECTION  DISTRICTS.      (Continued.) 
Estimates  of  amounts  needed,  Act  2805,    §  39. 
Estimates  of  costs,   division  among   counties.   Act  2805,  §  40, 
Formation,    organization   and  government   of,   Act  2804. 
Funding  indebtedness  of,  Act  1921. 
Funds,  apportionment  of,   Act  2805,  §  45. 

Funds,  costs  of  works  to  be  paid  from  construction  fund.  Act  2805,  §  50. 
Funds,  duties  and  liabilities  of  treasurer  as  to,  Act  2805,  §§  44,  46,  49. 
Funds,   enumeration  of,  Act  2805,   §  45. 

Funds,  repository  for  -where  district  in  more  than  one  county.  Act  2805,  §  44. 
Guardian,    executor   or   administrator   may    sign    petition    for   exclusion    of    land'?, 

Act2S05,  §  71. 
Guardians,   executors  or  administrators   may   sign   petition  for   inclusion   of   land, 

Act  2805,  §  84. 
Inclusion  of  lands,  Act  2805,  §§  74-85. 
Indebtedness  of,  funding  and  refunding  of.  Act  1921. 
Land,  acquiring.  Act  2805,  §§  13,   15. 

No.    2,    Yuba    County,    dissolution,    liquidation    and   winding   up    of,    Act  4496. 
Organization,  election  on.  Act  2805,  §§  5,  6,  7,  8,  9. 
Organization  of,  procedure.  Act  2805,  §§1,  2,  3. 
Petition  for,  signing  and  filing,  Act  2805,  §§  1,  2. 
Petition,  hearing,  Act  2805,  §  3.  ' 

Petition,  presentation    and    publication,    Act  2805,  §  2. 

Protection  of  lands  not  recognized  as  swamp  lands  from  overflow.  Act  2802. 
Storm-water  district.      See   Storm-water  Districts. 

Taxation,  rights  of  way  and  works  of  are  exempt  from,  Act  2805,  §  55. 
Tax,  levy,  collection,  etc.,  of.  Act  2805,  §§  41-43. 
Title  to  district  property,  where  vested.  Act  2805,  §  25. 
Treasurer,  duties  and  liabilities  of,  Act  2805,  §§44,  46,  49. 
Under  act  of  1907,  Act  2805. 
Warrants,  claims  to  be  paid  by,  Act  2805,  §  49. 
Works,  bids  and  contracts,  Act  2805,  §  48. 

Works,  contracts  not  affected  by  change  of  boundaries,   Act  2805,  §  73. 
Works,  cost  of  to  be  paid  from  construction  fund.  Act  2805,  §  50. 
Works,  officers  not  to  be  interested  in  contracts.  Act  2805,  §  52. 
Works,   plans  for  and   construction  of,   Act  2805,  §  26. 

PROTECTIVE   ASSOCIATIONS.      See    Boards   of   Trade;    Chambers    of    Commerce; 

Mechanics'    Institute. 
Acknowledgments  by,  validated,  Act  19. 
Formation  of,   Act  568. 

PUBLIC  ADMINISTRATOR. 

Bond  of.   Act  837,  §  66. 

Cities  of  first  class,  duties    of,    Act  2348,  §  134. 

Cities  of  first  class,  provisions  of  municipal  corporation  bill  regarding  apply  only 
to  consolidated  cities  and  counties.  Act  2348,  §  287. 

Cities  of  first  class,  provisions  of  municipal  corporation  bill,  when  only  apply. 
Act  2348,  §  287. 

Consolidation,  separation  and  reconsolidation  of  public  administrator  and  coro- 
ner. Act  837,  §  55. 

Coroner,  when  to  act  as.  Act  2810. 

County  officer,  is,  Act  837,  §  55. 

Duties  of,  Act  837,  §§  151,  152. 

Particular  county,  in.     See  particular  titlfc 


INDEX,  1677 

PUBLIC  ADMINISTRATOR.      (Continued.) 

Salaries  of  in  various  counties.      See  Counties. 

Treasurer  receiving  money  or  property  from,   duty  of,   Act  837,  §§  81,   82. 

Validation  of  sales  by  public  administrators  before  obtaining  letters,  Act  2809. 

PUBLIC   BUILDINGS.      See   Counties;    Municipal   Corporations;    Public  Works. 
Armory  for  national  guard  in  San  Francisco,  Act  2431. 

Assembly  or  convention  halls,  cities  authorized  to  incur  indebtedness  for.  Act  2372. 
Assembly  or  convention  halls,   rules   for   conduct   of.    Act  2372,  §  9. 
Cities  over  100,000  authorized  to   condemn  site  and  erect  building,   Act  2364. 
Contract  for,  change  of.  Act  837,  §  38. 
Contracts,  by  state,  regulation  of.  Act  2897. 
Contracts  in   relation   to   erection,    construction,   alteration,   repair  or   improvement 

of,  regulation  of.  Act  2901. 
Erection  of,   regulation  of.   Act  2815. 
Exposition  building  at  Los  Angeles,  Act  1990. 

Lighting  streets  and  public  buildings,  letting  of  contracts  for.   Act  2340. 
Plans,  and  specifications,  change  of.  Acts  837,  §37;   2818,2899. 
State,   contracts  in  behalf  of  in  relation  to.   Act  2816. 
State  building  in  San  Francisco,  act  providing  for.  Act  2819. 
State  building  in  San  Francisco,   act   to   facilitate   erection   of,   Act  2820. 
Supervisors,   powers  and  duties  of.  Act  837,  §  25,   subd.  8. 
Unfinished,   completion  of,   Acts  2817,   2818,   2899. 

PUBLIC  DEBT. 

Bonds.      See  Bonds. 

Cities  authorized  to  incur  debt  to  construct  waterworks,  sewers,  etc.,  Act  2361. 

Cities  between   26,000  and  30,000   authorized  to  vote   on  paying  debt  of  certain 

years,  Act  2825. 
Cities  of  certain  class  authorized  to  vote  on  question  of  paying.  Act  2370. 
Debts  against  state  in  excess  of  appropriation,  creation  of  prohibited.  Act  2826. 
Incurring  by  cities  for  public  improvements,  Act  2900. 
Loan  commissioners,  additional  powers  granted  to.  Act  2824. 
Refunding  of  in  cities  other  than  first  class,  authorized.  Acts  2367,  2368. 
To  pay  cost  of  permanent  public  improvement,  incurring  of  authorized.  Act  2369. 
War  debt  of  state,  and  redemption  of,  Act  2823. 

PUBLIC  HEALTH. 

Attorney   for  state   board   of  health   and   board   of  health   of   San   Francisco,   Act 

2831. 
Cities  of  first  class  authorized  to  erect  hospital.  Act  2342. 
Cities   of   first   class,   boards   of  health,   provisions   relating   to.   Act  2348,  §§165- 

199. 
Cities  of  first  class,  health  or  quarantine  regulations  in.   Act  2348,  §§  165-199. 
Cities  of  fifth  class,  city  marshal  is  ex  officio  health  officer.  Act  2348,  §  751. 
Contagious   diseases,   introduction,    investigation   and   suppression   of.   Act  2833. 
Contagious  or  infectious  disease,  prevention  of  introduction  of.  Acts  2835,  2836. 
Cutting  of  hair  of  persons  convicted  of  misdemeanor.  Acts  2834,  3863. 
Embalming   of   dead  bodies,    rules    governing.    Act  2830,  §§18,19. 
Exhumation  and  removal  of  dead  bodies,  regulation  of.  Acts  440,  2832. 
Food,  inspection  of  persons  by  whom  prepared  or  handled,   Act  2829. 
Food,   inspection   of  places  where  prepared.   Act  2829. 
Food-producing   establishments,    sanitation   of.    Act  2829. 
Food,  regulation  of  health  of  persons  by  whom  food  is  prepared  or  handled,  Act 

2829. 


1678  INDEX. 

PUBLIC  HEALTH.      (Continued.) 

Food,  sanitntion  of  places  where  food  is  stored,  prepared,  kept,  manufactured  or 
sold.  Act  2829. 

Food,   violatiou   of   statute  providing   for   sanitation   of,   punishment   of,   Act  2829. 

Garbage  crematories,  regulation  of  operation  of,  Act  2828. 

Health  officer  and  special  health  officer,   salaries  of.      See   Counties. 

Health  officer,   appointment,  compensation  and  duties  of,  Act  837,  §  25,  subd.  20. 

Health  officer,   counties  of  second  class,   salary  of,  Act  837,  §  159,   subd.  12. 

Health  officers,   local,   duties   of.   Act  2830,  §  11. 

Health  officers,  local,   reports  to   state  board,   Act  2830,  §  11. 

Health  oflicers,  power  to  regulate  plumbing,  Act  2839. 

Health  officer,   special,   counties  of  second  class,   Act  837,  §  159,  subd.  12. 

Health  supervision  in  schools.  Act  3585. 

House-boats  on  rivers  and  streams,  when  a  nuisance.  Act  4368. 

Ice,  regulations  governing  manufacture,  storage,  sale  or  transportation  of,  Act 
2830,  §§  6-10. 

Infectious  diseases,  introduction,  investigation  and  suppression  of,  Act  2833. 

Inspection  of  dairies  and  dairy  products.  Act  877. 

Maternity  and  lying-in  hospitals,  powers  of  health  officers.   Act  1523. 

Misdemeanor,  violation  of  provisions  of  public  health  act,  Act  2830,  §  21. 

Pesthouses  within  cities,   establishment   of  prevented,   Act  2646. 

Plumbing  and  drainage  of  buildings,  regulation  of  by  boards  of  health  or  health 
officers,   Acts  2838,  2839. 

Public  health  act  of  1907,  Act  2830. 

Public  health  act,  construction  of,  Act  2830. 

Quarantine.      See   Quarantine. 

Railroad  cars,  inspection  of.  Act  2835. 

Reports  of  cases  of  contagious,  infectious  or  communicable  diseases,  Act  2830, 
§  16. 

Rodents,   extermination  of.   Act  2506a. 

Rodents,   property  infested  with,   Act  2506a. 

Sale  of  milk  from  diseased  cows,  prevention  of,  Act  877. 

Sanitary  condition  of  worksliops  and  factories,  Acts  1098,  2138,  2841. 

Sanitary  districts.      See   Sanitary  Districts. 

Schools,  development  supervision  in,  Act  3585. 

Schools,  health  supervision  in,  Act  3585. 

School,  instructors,  teachers  or  pupils  with  infectious,  contagious  or  communi- 
cable diseases  not  permitted  to  attend,   Act  2830,  §  17. 

Sewers,  privies,   vaults,  etc.,  in  rivers  or  streams,  when  a  nuisance,   Act  4368. 

State  board  of  health  authorized  to  purchase  and  manufacture  diphtheria  anti- 
toxin. Act  2837. 

Supervisors  of  county,  powers  and  duties  regarding,  Act  837,  §  25,  subd.  20, 

Transportation   of  dead  bodies,   rules  governing.   Act  2830,  §  20. 

Tuberculosis,  duty  of  state  board  of  health  as  to  treatment  of  indigent  residents 
afflicted  with,  Act  2843. 

Tuberculosis,  prevention  of,  dissemination  among  people  as  to  best  means  of 
prevention  of,   Acts  2842,  2844. 

Tuberculosis,  treatment  of  indigent  residents  afflicted  with,  Act  2843. 

Vaccination  of  children,  Act  2840. 

Waters,  pollution  of.  Act  2830,  §§  2-5. 

PUBLIC  IMPROVEMENTS.      See  Public  Buildings;  Public  Works. 
Acquisition,   construction  and  improvement  of  regulated.  Act  2371. 
Contracts  in  relation  to  erection,  construction,  alteration,  repair  or  improvement 
ct,  regulation  of.  Act  2901. 


i 


INDEX,  1679 

PUBLIC  IMPROVEMENTS.      (Continued.) 
Disposal   of   surplus   funds,    Act  2346. 

Incurring   indebtedness   for  by   cities,   Acts  2369,  2371,  2900. 
Within  cities,   special  tax  for,  Acts  2344,  4042. 

PUBLIC  INSTITUTIONS. 

Exchange  of  commodities,  between   public  institutions,   Act  2843, 
Payment  of  moneys  into  state  treasury,  Act  1279. 

PUBLIC  LANDS. 

Actions  against  state  to  quiet  title  to  certain  land  authorized.  Act  3793. 

Actual  settlers  on,  protection  of.  Act  2849. 

Agricultural    college    grant,    governor    authorized    to    reconvey    part    of    to    United 

States,   Act  2846. 
Applications  for  sale  of,  regulation  of,  Act  2860. 
Application   to  purchase,    deposit   to   accompany.   Acts  2860,   3827. 
Application  to  purchase,  deposit,  when  forfeited  and  when  returned.  Act  3827. 
Applications  to  purchase   legalized,    Act  3833. 
Application  to  purchase  of  John  D.  Justice  validated,  Act  2870. 
Applications   to   purchase,   regulation  of.   Act  2860. 
Assent  of  state  to   act  of  Congress  applying  proceeds  of  public  land  for  college, 

Acts  634,   3786. 
Certificates  of  purchase,   completion  of  purchase,   granting  time  for,  Act  3828. 
Certificates  of  purchase,   holders  forfeit  rights,   when,   Act  3828. 
Certificates  of  purchase  or  location  evidence  of  title.  Act  2863. 
Certificates    of   purchase,    payments    by   holders    of   where    subsequent    certificates 

issued,  Act  2866. 
Claimants   and   occupants,    governor  and   surveyor  general   authorized   to   sell   cer- 
tain  lands  to,   Acts  2869,  3832. 
Cutting  and  carrying  away  timber  from.  Act  1404. 
Destruction   of   timber  on,   prevention   of,   Act  1403. 
Encouragement  of  settlers  on.   Act  2852. 
Filings,  number  of  permitted.  Act  3827,  §  2. 
Forest  fires  on,  prevention  of  destruction  by.  Act  1168. 
Forest  reservations,  consent  of  state  to,  Act  2883. 

Fraud,  forfeiture  of  payment  to  state  where  title  sought  by,   Act  3825. 
Governor  and  surveyor  general  authorized  to   sell  certain  lands  to  claimants  and 

occupants.   Acts  2869,  3832. 
Governor   authorized   to    reconvey   to    United    States    part   of    agricultural    college 

grant.  Act  2846. 
Highways  and  roads,  right  of  way  for  given  over  public  lands.   Act  1451. 
Homestead  claimants,  protection  of.   Act  2853. 
Improvements  on,  removal  of.   Act  2871. 

Jurisdiction  ceded  to  United  States  over  lands  given  to.  Act  3830. 
Jurisdiction    over    lands    acquired   for    military   purpose    ceded    to    United    States, 

Act  3829. 
Lakes,  sale  of  lands  uncovered  by  recession  or  drainage  of.  Acts  2857,  4031. 
Management  of.   Act  2855. 

Mineral  land  belonging  to   state,   sale  and  location   of.   Act  2227. 
Moneys  from  sale,  disposal  of,  Act  3828. 
Patents  for  state  lands  taken  subject  to  right  of  way  granted  to  United  States, 

Act  2873. 
Payments  forfeited  to  state  where  title  sought  by  fraud.  Act  3825. 
Possessory  actions,   mode   of  maintaining   and  defending,   Acts  2847,  2848, 
Possessory  claims,  protection  of  growing  trees  on,   Act  1402. 


1680  INDEX. 

PUBLIC  LANDS.      (Continued.) 

Pre-emption   claimants,    protection   of,    Act  2S53. 

Presentation  and  cancellation  of  unlocated  school  land  warrants,   Act  2868. 

Protection   of  growing  timber  on   possessory  claims,   Act  1402. 

Protection  of  settlers  on,  Act  2852. 

Quieting  title  to   lands,   Act  2849. 

Right  of  way  over  granted  to  roads  and  highways.   Act  14.51. 

Rights  of  way  over  lands  of  state  granted  to  United  States,   Act  2873. 

Sale  of,  Act  2855. 

Sale  of,  application  of  John  D.  Justice  validated,  Act  2870. 

Sale  of,  board  of  examiners  to  invest  moneys  in   county  bonds.   Act  360. 

Sale  of,  certain  lands  reserved  from  sale.  Acts  2856,  3838. 

Sale  of,   certificates  of  purchase  or  of  location  evidence  of  title.   Act  2862. 

Sale   of,   examination  into   the   sale   and  disposal   of.   Acts  28C1,  3836. 

Sale  of,  governor  and  surveyor  general  authorized  to  sell  certain  lands  to  claim- 
ants, Act  2869. 

Sale  of,  lands  sold  to  actual  settlers  by  United  States  in  Colusa  County,  released 
to  United  States,  Act  660. 

Sale  of  lands  uncovered  by  recession  of  lakes.  Acts  2857,  4031. 

Sale   of,   legalizing   sales.   Acts  2863,  2864,  2865. 

Sale  of,  payment  by  holders  of  certificates  where  subsequent  certificates  issued, 
Act  2866. 

Sale  of,  redemption  by  purchasers  where  title  foreclosed  for  nonpayment  of  inter- 
est. Acts  2872,  3835. 

Sale  of,  relief  of  purchasers  of.  Acts  2867,  3834. 

Sale  of,  reservation  of  certain  lands.   Acts  2856,  3838. 

Sale  of  salt  marsh  and  tide  lands.  Act  2858. 

Sale  of  swamp  lands  and  disposition  of.  Act  2859. 

Sale  of,   titles  of  purchasers  under  applications  to  purchase   confirmed,   Act  3833. 

Salt  marsh  lands,  survey  and  disposition  of.  Act  2858. 

School  lands,  applications  for  purchase  of.   Acts  2860,  3827. 

School  lands,   applications  for  purchase,  regulation  of.  Act  3827. 

School  lands,  board  of  examiners  authorized  to  invest  proceeds  of  in  county 
bonds.   Act  360. 

School  land  fund,  loan  from  to  state.  Act  1286. 

School   lands,   legalizing  payments   for.   Act  2865. 

School  lands,  punishment   for  cutting  or  carrying   away  timber  on.   Act  1404. 

School  lands,  sale  of,  application  for,  deposit  to  accompany,  Acts  2860,   3827. 

School  land  warrants,  unlocated,  presentation  and  cancellation  of.  Acts  2868, 
3826. 

Settlement  of  controversy  between  United  States  and  state  concerning  certain 
public  land.  Act  2875. 

Settlers,  actual,  protection  of.   Acts  2849,   3839. 

Settlers  on,  bona  fide,   protection  of,   Act  3837. 

Settlers  on,  encouragement  of,  Act  2852. 

Settlers  on  lands  within  Mexican  grant  restored  to  public  domain,  rights  of, 
Act  2854. 

Settlers  on,  ousted  under  a  foreign  grant  which  was  rejected,  redress  of.  Act 
2850. 

Settlers  on,  protection  of.   Acts  2849,   2850,  2851,   2852,   2854,   3831,  3839. 

Settlers,  pre-emption  and  homestead  claimants,  protection  of.   Act  2853. 

State  authorized  to  release  to  United  States  certain  school  lands  in  Cleveland 
National  Forest,  Act  2876. 

Survey  and  disposition  of  salt  marsh  lands.  Act  2858. 

Swamp  lauds,   sale   of  and  disposition   of  funds  from,   Act  2859. 


INDEX,  1681 

PUBLIC   LANDS.      (Continued.) 

Swamp  and  overflowed  lands.      See   Swamp  and  Overflowed  Lands. 

Tide  lands,   survey  and  disposition  of,   Act  2858. 

Timber,   protection   and   prevention   of   destruction   of,   Acts  1402,  1403. 

Title   of   state   in   lieu   lands   selected   for  school  lands   in  reservations,   validated, 

Act  2874. 
Titles  of  purchasers  under  applications  to  purchase  confirmed,   Act  3833. 
Title   to   tide  lands  adjacent  to  lands  held  for  military  purposes  ceded  to   United 

States,   Act  3831. 
Trusts  relating  to  town  lands  granted  to  cities  by  act  of  Congress,  execution  of. 

Acts  2335,  2336. 

PUBLIC  LIBRARIES. 

Cities  of  third  class,   supervisors  appoint   trustees,   Act  2348,  §  509. 

Cities   of   fourth   class,    trustees,    appointment   of,   Act  2348,  §  636. 

Cities  of  fifth  class,  free  libraries  in,  trustees  of,  election  of,  Act  2348,  §  758. 

Cities   of   fifth   class,    trustees,    vacancies,    filling   of   and   term   of   appointee,    Act 

2348,  §  758. 
County  library  systems,  establishment  of.  Act  1248. 

Establishment   of  free   libraries   and  reading-rooms,    Acts  1245,  1246,  1247. 
Gifts  and  donations  to,   encouragement   and  protection   of.   Acts  4162,  4163. 
Levy    of    tax    where    city    organizes    under   municipal    corporation    bill,    Act  2348, 

§  534. 
Library  associations,  act  relating  to.  Act  1244. 
Library  districts,  acquisition  of  property  by.  Act  1249. 
Library  districts,   assessment,   collection,    custody  and   disbursement   of   taxes    in. 

Act  1249. 
Library  districts,  calling  and  holding  of  elections  in.  Act  1249. 
Library  districts,   creation  of  boards  of  library  trustees  in.   Act  1249. 
Library  districts,  formation,   government   and   operation   of,   Act  1249. 
Newspaper  files  in  recorders'  offices,  deposit  of  in,  authorized,  Act  1250. 
Normal  school  at  San  Jose,  trustees  authorized  to  reconvey  tract  to  city  for.  Act 

3558. 
State  library.      See  State  Library. 
Trusts  for  benefit  of,   creation  of.  Acts  4162,  4163. 
Unincorporated   cities   or  towns  authorized   to   equip,    establish   and   maintain,  Act 

1249. 
Unincorporated  towns,  establishment  of  by.  Act  1249. 

PUBLIC  MUSEUMS.      See  Museums. 

Cities  or  counties  authorized  to  acquire  lands  for  purpose  of  erecting.  Act  2387. 
Establishment   and  maintenance   of  in  cities   of  fourth,    fifth   and   sixth   class.  Act 
2876a. 

PUBLIC  PARKS. 

Assessment  districts,  establishment  of  to  pay  expenses  of  acquiring.  Act  2884. 
Cities,  and  cities  and  counties  authorized  to  acquire  and  maintain.  Act  287S. 
Cities  authorized  to  acquire  by  condemnation.  Act  2884. 
Cities  authorized  to  build  street   and  roads   to   parks   owned   outside   of   city.  Act 

2881. 
Cities  of  first  class,  provisions  relating  to  parks  in.  Act  2348,  §§  200-202. 
Cities  of  sixth  class,  provision  relating  to  parks  in.  Act  2348,  §  862,  subd.  4. 
Commissioners  authorized  to  receive  donations  and  bequests.  Act  2880. 
Consent  of  state  to  reservation  by  Congress  for  public  park,  Act  3785. 
Forest  reservations,  consent  of  state  to,  Act  2883. 


1683  INDEX. 

PUBLIC  PARKS.      (Continued.) 

Franchises  to  construct  railroads  beyond  city  limits  to,  Act  2930. 
Governor  authorized  to  accept  grant  for,   in  Butte  County,  by  Annie  E.  K.  Bid- 
well,   Act  2885. 
Jurisdiction  of  cities  over  parks  outside  of  city,  Act  2882. 
Maintenance  and  support  of.  Act  2879. 
Supervisors  authorized  to  levy  tax  for  maintenance  of  parks.  Act  2877. 

PUBLIC  PROPERTY. 

Protection  of  growing  timber  on  public  grounds,  Act  1402. 

PUBLIC  WAYS.     See  Highways. 

PUBLIC  WORKS. 

Acquisition  of,  regulation  of.  Act  2371. 

Assembly  halls,  construction  of.  Act  2372. 

Assembly  halls,  indebtedness,  incurring  for,  Act  2372, 

Assembly  halls,  rules  for  conduct  of.  Act  2372,  §  9. 

Building  fund.   Act  2364,  §  4. 

Buildings,   construction  of,  provisions  governing.   Act  2364. 

Buildings,   contracts,  bids,  proposals,  payments,  etc.,   Act  2364. 

Buildings,  contracts  on  behalf  of  state  in  relation  to,  regulation  of,  Act  2897. 

Buildings,  plans  and  specifications.  Act  2364. 

Buildings,  regulation  of  erection  of.  Acts  2896,  2897. 

Buildings,  unfinished,   change  of  plans,  Act  2899. 

Buildings,  unfinished,  completion  of.  Act  2898.      See  Public  Buildings. 

Cities  authorized  to  acquire  and  operate  railroads,  power  plants,  telephones,  etc., 
in  construction  of  public  works.  Act  2902. 

Cities  of  third  class,  to  be  done  by  contract.  Act  2348,  §  536. 

Cities  of  fifth  class,  to  be  contracted  for.  Act  2348,  §  777. 

Cities  of  sixth  class,  to  be  done  by  contract  on  bids.  Act  2348,  §  874. 

Cities  over  100,000  authorized  to  condemn  land  and  erect  buildings.  Act  2364. 

Commissioner  of,   auditing  board   to,   creation  of.   Act  2891. 

Commissioner  of,  auditing  board  to,  powers  and  duties  of.  Act  2891. 

Commissioner  authorized  to  obtain  way  to  divert  water  of  Mormon  Channel  into 
Calaveras  River,  Act  2892. 

Commissioner  of,  creation,  duties,  powers  and  compensation,  Acts  2888,  2889, 
2890. 

Commissioner  of,  term  of  office.  Act  2890,  §  1. 

Commissioner  of  vacancies,  filling  and  term  of  appointee,  Acts2890,  §1;  2891, 
§1. 

Commissioner,  right  of  way  obtained  by  for  canal  from  Mormon  Channel  to  Cala- 
veras River,  grant  of  to  United  States,  Act  3353. 

Construction  or  completion  of,  regulation  of.  Act  2371. 

Contracts  in  relation  to  erection,  construction,  alteration,  repair  or  improvement 
of,  regulation  of.  Act  2901. 

Debt  for  improvements,  incurring.  Act  2371. 

Debt  for  improvements,  limit  on.  Act  2371,  §  4. 

Debt  to  pay  for  improvement,  incurring  of  authorized.  Act  2369. 

Hours  of  labor.      See  Hours  of  Labor. 

Improvements,  incurring  indebtedness  for.     See  Municipal  Corporations. 

Intoxicating  liquors,  sale  of  near  construction  camp  prohibited.  Act  1695. 

Laborer,  retaining  portion  of  wages,  punishment  of.   Act  2549. 

Materialmen,  mechanics  or  laborers  on,  liens  of,  Act  1950,  2895. 

Mechanic's  lien    on,  Act  2895. 


INDEX.  1683 

PUBLIC  WORKS.      (Continued.) 

Minimum  compensation   for  labor  on,   Act  2894. 

Payment  of  materialmen  and  laborers  on  public  works,   eecuring.   Act  2895. 

Public  improvements,  within  cities,  special  tax  for.  Act  2344. 

Retaining  part  of  wages  of  laborers  on  public  works,  a  felony.  Act  2549. 

Soldiers,  sailors  and  marines  of  war  of  rebellion  preferred  in  public  service,  Act 

2893. 
State  engineer,  Act  3811.      See  State  Engineer. 
State  engineering.      See  State  Engineering. 
Tax,  special,  for  public  improvements  within  city,  Act  2344. 
Waters,  to  protect  cities  from  overflow,  issuance  of  bonds,  Act  2366. 
Waters,  to  protect  cities  from  overflow,  manner  of  construction.  Act  2366. 

PUNISHMENT.      See  Preston  School  of  Industry;  Whittier  State  School. 
Commitment  to  house  of  correction,  Act  1540. 
Parole  commissioners,  creation  of  board  for  parole  and  government  of  prisoners, 

Act  3866. 
State  prisons.     See  State  Prisons. 

PUEITY  OF  ELECTIONS. 

Act  relating  to  repealed,  Act  1021. 
Promotion  of.  Act  1015. 

PUTAH  CREEK. 

Yolo   and  Solano   canal   district,   formation   of   to   protect   lands   from   overflow  by 
Putah  Creek,  Act  2905. 

PUTAH  SCHOOL  DISTRICT. 

Union  with  Yolo  school  district,  Act  3538. 


Q 

QUARANTINE. 

Against  diseases  or  animals  injurious  to  fruit  trees,   vines,  vegetables,   etc..  Act 

1517. 
Against  domestic  animals  from  infected  districts.  Act  2910. 

Cities  of  tirst  class,  quarantine  regulations,  Act  2348,  §§  173-180,   182,   194,   196. 
Establishment  of  against  other  cities  and  towns.  Act  2830,  §  15. 
Livestock  inspector,  power  to  establish   and  enforce,   Act  837,  §  152 1,^ . 
Local  quarantine  rules,  report  of  to  state  board  of  health,  Act  2830,  §  11. 
Places  of.  Act  2830,  §  14. 
Rules  governing,   Act  2830,  §  13. 
State  board  of  health  may  order,  when,  Act  2830,  §  12. 

QUICKSILVER. 

Pure,  secured  to  miners.  Act  2218. 

QUIETING  TITLE.      See  Establishment  of  Title. 

Actions    against    state    to    quiet    title    against    claims    under    inheritance    tax    law, 

Act  4036. 
Actions  against  state  to  quiet  title  to   certain  land  authorized.   Act  3793. 
Public  lands,  quieting  title,  Act  2849. 


B 

RAILROAD  COMMISSIONERS. 

Act  of  1909  organizing  and  governing,  Act  2921. 

Commissioners   of  transportation,  Acts  676,  2930. 

Duties  of,  Act  2921. 

Organization  of,  Act  2921. 

Powers  of.  Act  2921. 

Transportation  companies,  duties  of,  Act  2921. 

Transportation  companies,  offenses  by  and  penalties  for,  Act  2921. 

RAILROADS.     See  Tramroads. 

All  corporations  authorized  to  do  business  on  equal  terms.  Act  2917. 

Appointment  of  police   to    serve  upon   cars   or  boats.   Act  2734. 

California  and  Oregon  railroad  company,  act  of  Congress  relating  to,  given  effec't 

to.  Act  494. 
California  Pacific  Railroad  Company,  rights  and  privileges  granted  to.   Act  499. 
Cars  for  shipment   of  freight,   duty   to   furnish   on   application.    Act  2933. 
Cars  for  shipment  of  freight,  penalty  and  damages  for  failure  to  furnish,  Act  2933. 
Cars  furnished  by  for  shipment  of  freight,  penalty  for  failure  to  unload.  Act  2933. 
Central  Pacific  Railroad.      See  Central  Pacific  Railroad  Company. 
Colfax  to  Nevada  City,  railroad  from.  Act  2918. 
Commissioners  of  transportation,   appointment   of.   Act  2920. 
Commissioners  of  transportation.      See   Commissioners  of  Transportation. 
Complete  roads,  railroads  enabled  to,   Act  2927. 
Counties  authorized  to  become  stockholders  in.  Act  801. 
Demurrage  for  failure  to  unload  cars,  Act  2933. 
Duties   of.   Act  2921. 

Explosive,  transportation  of,  liabilities,  Act  1093,   §  9. 
Fares,  rates  of  on  street  railroads  in  cities  over  100,000,  Act  2929, 
Franchises  for,  sale  or  granting  of.  Acts  1230-1232. 

Franchises  to  construct  railroads  beyond  city  limits  to  public  parks,  Act  2930. 
Harbor   commissioners   authorized   to   construct  over   state   land,   Act  1424. 
Incorporation  of,   Acts  2915,   2916. 

Inspection  of  railroad  cars  by  board  of  health.  Act  2835. 
lone  to  Sutter  Creek  or  Jackson,  railroad  from.  Act  2922. 
Lease  of  China  Basin  in  San  Francisco  to   San  Joaquin  Valley  Railroad  Company 

ratified.   Act  1872. 
Lease  of  railroad  corporations.   Act  2917. 

Leases  made  by  officers  for  terminal  facilities,   ratification   of.  Act  1890. 
Mail  carriers  permitted  to  ride  free  on  street-cars.  Act  2930. 
Marysville  to  Knight's  Landing,  railroad  from.  Act  2919. 
North  Beach  and  Mission  Railroad  Company,   certain  privileges  granted  to,   Acta 

3260,   3261. 
Offenses  by  and  punishment  of.  Act  2921. 

Operation  and  management  of  roads  above  certain  elevation,  Act  2926. 
Operation  of  compelled.  Act  2925. 

Ordinances  permitting  cars  to  be  propelled  by  electricity  ratified.   Act  2928. 
Policemen,   appointment  of   to   serve   on.   Act  2734. 
Right  of  way  for  railroad  from  Atlantic  to  Pacific  granted  to   United  States,  Act 

4213. 
Southern  California  Railroad  Company,  granted  right  of  way  over  asylum  grounds 

in   San   Bernardino   County,   Act  2923. 
Spur  tracks  in  cities,  construction  of  authorized,  Act  2334. 


I 


INDEX.  1685 

RAILROADS.      (Continued.) 

Spur  tracks,   permit   revocable,   Act  2334. 

Steam  railroads  authorized   to  use   electricity  or  steam.   Act  2924. 

Street-cars,    fenders    and   brakes   on.    Act  2931. 

Street,  franchises  for,    granting   or    sale    of,    Acts  1229—1232. 

Street,  franchises  for,   limiting   time   for  granting,   Act  1233. 

Street  railroads.      See  Street  Railroads. 

EAMIE  CULTURE. 

Bounty  for  fiber.  Act  2937. 
Encouragement  of,  Act  2937. 
State  superintendent  of,   Act  2937. 

RATIFICATION. 

Conveyances   by   city   for    charitable    or   educational   purpose,    ratification   of.    Act 

2382. 
Of  lease  of  China  Basin  in  San  Francisco,  Act  1890. 
Void  probate  sales,  of,  Act  2785. 

EATS. 

Authority  of  state  and  local  boards  of  health   in   extermination  of,   Act  2506a. 

Expense  of  extermination  a   lien  on  property,  Act  2506a. 

Expense  of  extermination,  lien  of,  foreclosure  of,  Act  2506a. 

Expense  of  extermination  of,  payment  of.  Act  2506a. 

Inspection  of  property  infested  with  by  boards  of  health  and  health  officers.  Act 
2506a. 

Misdemeanor,  violation  of  provisions  of  statute  relating  to  extermination  of 
rodents,   Act  2506a. 

Owners  of  property  infested  with  to  exterminate,   Act  2506a. 

Property  infested  with  declared  to  be  a  nuisance.  Act  2506a. 

Supervisors  authorized  to  purchase  materials  and  employ  inspectors  to  prose- 
cute work  by  extermination,  Act  2506a. 

RATTLESNAKE    SCHOOL  DISTRICT   and  Wild  Goose   School  District,   El  Dorado 
County,  consolidated,  Act  3543. 

READING. 

iVame  of  Redding  changed  to,  Act  3000. 

REAL  ESTATE. 

Establishment  of  title  where  records  destroyed.      See  Establishment  of  Title. 
Married  woman   authorized  to   convey,   Act  2109. 
Simplification  of  transfer  of,  Act  4115. 
Title   to.      See  Titles. 

Torrens  land  act  for  certification  of  land  titles  and  simplification  of  tranfer  of 
real   estate,   Act  4115. 

REAL  PROPERTY.      See  Real  Estate. 

Establishment  of  title  to  where  records  destroyed.      See  Establishment  of  Title, 

RECEIPTS. 

Officers  in  cities  of  first  class  to  give  for  moneys  received.   Act  2348,  §  98, 
Receipts  by  officers  of  cities  of  first  class  as  evidence,  Act  2348,  §  98. 
Warehousemen's,  Act  4393. 
Wharfinger's,  Act  4393. 


1688  INDEX. 

RECEIVERS. 

Bonds,  deposit  of  money  or  assets  with  corporation  and  reduction  of  bonds    Acts 

770,    1055. 
Bond  of,  cost  of,  chargeable  against  estate.   Act  368. 
Corporation  as    and  powers  and  duties   of.   Act  770. 
Corporation  as,  rights  and  duties  of.  Act  1055. 
Corporations   authorized  to  act  as,   Acts  770,    1055. 
Deposit  of  moneys  or  assets  with   corporation  and  reduction   of  bonds.   Acts  770. 

1055. 

RECLAMATION.      See  Reclamation  Districts;  Water  Users'  Associations. 
Storm-water  districts.      See  Storm-water  Districts. 

RECLAMATION  DISTRICTS. 

American  River  reclamation  district  No.  1,  creation,  control  and  management  of, 
Act  2939. 

Annulment  of  for  nonuse  of  corporate  powers,  Act  2974. 

Appeals  from  orders  relating  to,  Acts  2976,  2977. 

Assessments  in  equalization  of,  Act  2972. 

Bonds,  election  for  issuance  of,  Act  2975,  §§  1-5. 

Bonds,  fees  not  to  be  paid  officers  for   services,   Act  2975,  §  10. 

Bonds,  issuance  of  and  form  of.  Act  2975,  §  5. 

Bonds,  payment  of,  Act  2975,  §§  5,   8. 

Bonds,  proceedings  when  district  in  different  counties,  Aci  2975,  §  9. 

Bonds,  sale  of  and  disposition  of  proceeds,   Act  2975,  §  6. 

Bonds,  taxes.  Act  2975,  §  9. 

Certain  districts  subjected  to  provisions  of  code,  Act  2973. 

Consolidated   government   of,    Act  2982. 

Creation  of  reclamation  district  number  70,   Act  2941. 

Disbursements,  how  paid.  Act  2975,  §  7. 

Dissolution  of  for  nonuser  of  corporate  powers,  Acts  2803,  2974,   4028. 

Drainage.      See  Drainage. 

Indebtedness  of,  funding  of.  Act  2942. 

Levee  districts.      See  Levee  Dsitricts. 

Morman  Slough,  inhabitants  authorized  to  form  reclamation  district,  Act  2943. 

No.  2,   Sutter   County,   boundaries   and  government,   Act  2946. 

No.  54,   Sacramento   County,  ratifying  Act  2952. 

No.  70,  creation,  control  and  management  of,  Act  2941. 

No.  108,  Yolo  and  Colusa  counties,  warrants  of,  Act  2956. 

No.  108,  Yolo  County,  legalized.  Act  2955. 

No.  124,  Colusa  County,  validated,  Act  2959. 

No.  205,  Sacramento  County,  creation  and  organization  of,   Act  2961. 

No.  252,  Sacramento  County,  establishing,  Act  2963. 

No.  254,  Sacramento  County,  creation  of,  Act  2964. 

No.  317,  Sacramento  County,  creation  of.  Act  2966. 

No.  730,  Yolo  County,  formation  and  organization  of,  legalized.  Act  2978. 

No.  785,  Yolo  County,  formation  and  organization  of,  legalized.  Act  2979. 

No.  787,  formation  and  organization  of,  legalized,   .\ot2980. 

No.  791,  Sacramento  County,  authorized  to  maintain  joint  works  of  reclamation 
with  persons,   corporations,   towns  or  firms.  Act  2981,  note. 

No.  791,  Sacramento  County,  authorized  to  sell  and  dispose  of  drainage  and  flood 
waters.  Act  2981,  note. 

No.  791,  Sacramento  County,  payment  of  assessments  to  county  treasury  of  Sac- 
ramento county  authorized.  Act  2981. 

No.  800,  creation,  control  and  management  of,  Act  2940. 


I 


INDEX.  1687 

EECLAMATION  DISTRICTS.      (Continued.) 
Protection  districts.      See  Protection  Districts. 

Sacramento  County,  delinquent  nssessments,  collection  of,  Act  2968. 
San  Joaquin  County,  in.  Act  2969. 

Solano  County,  supervisors  authorized  to  approve  petitions  to  form,  Act  2971. 
Storm-water  districts.      See  Storm-water  Districts. 
Subject   to  provisions  of  Political   Code,   when,   Act  2973. 
Swamp  land  districts.      See   Swamp   and  Overflowed  Lands. 
Union   Island,   reclamation   districts   No.   1   and  No.   2,   creation,   organization  and 

government.   Act  2970. 
Yolo  County,  supervisors  authorized  to  approve  petitions  for,  Act  2971. 

RECORDERS.      See  Recorder's  Court. 

Acknowledgments  taken  before,  validated,  Act  16. 

Acknowledments  taken  before  deputy  recorders  validated.  Act  17. 

Acts  of  legalized.  Act  2982. 

Bond  of,  Act  837,  §  66. 

Books,  how  obtained.  Act  837,  §  119. 

Books  may  contain  printed  forms.  Act  837,  §  119. 

Books  what  to  acquire.  Act  837,  §  119. 

Cities  of  first  class,  deputies  and  assistants,   and  salaries  of,  Act  2348,  §  26,  subd. 

7,  §  131. 
Cities  of  first  class,  deputies  and  copyists,  Act  2348,  §  131. 
Cities  of  first  class,  duties  and  powers  of,  Act    2348,  §  131. 
Cities  of  first  class,   provisions  of  municipal  corporation  bill  regarding  apply  only 

to  consolidated  cities  and  counties.   Act  2348,  §  287. 
Cities  of  first  class,  provisions  when  only  apply.  Act  2348,  §  287. 
Cities  of  first  class,   salary  of.  Act  2348,  §  26,  subd.   7. 
Cities  of  fifth  class,   city  clerk   is   ex  officio  recorder.   Act  2348,  §  751. 
Cities  of  fifth  class,   compensation  of.   Act  2348,  §  755. 
Cities  of  fifth  class,    election    and   term   of   office.    Act  2348,  §  752. 
Cities  of  sixth  class,   appointed  by  board  of   trustees.    Act  2348,  §  851. 
Cities  of  sixth  class,  compensation  of,  Act  2348,  §  855. 
City,  fees  of  in   criminal   cases  not   a  charge  against  county.   Act  1125. 
Consolidation,  separation  and  reconsolidation  of  auditor  and  recorder.  Act  837,  §  55. 
Consolidation,  separation  and  reconsolidation  of  county  clerk,  auditor  and  recorder. 

Act  837,  §  55. 
Contracts  with  water  users'  associations,  recordation  of  and  fees  for,  Act  2983. 
Counties  of  fifth  class  auditor  and  recorder  separate  offices.  Act  837,  §  162,  subd. 

17. 
County  officer,  is.  Act  837,  §  55. 

Custody,  has,  of  books,  records,  maps  and  papers.  Act  837,  §  119. 
Date  of  receipt  and  amount  of  fees  to  be  indorsed  on  instrument,  Act  837,  §  126. 
Deputies  and  assistants  in  various  counties.      See  Counties. 
District  mining  records,   deposit   of  with,   Act  2216. 
Duties  and  liabilities  of  enumerated.  Act  837,  §§  119-131. 

Duty  to  take  and  certify  instruments  authorized  to  be  recorded,  Act  837,  §  128. 
Fees,  prepayment  of,   necessary,   Act  837,  §  130. 
Indexes  and  books,  what  to  be  kept.  Act  837,  §§  121,  122. 
Indexes,  how  to  be  kept.  Act  837,  §§  121,   122,   125. 
Indorsements,   what   to  be   made   on   instruments.   Act  837,  §  127. 
Inspection,  records,  maps,  books,   etc.,  open  to.   Act  837,  §  131. 
Inspection,  records,  maps,  books,  etc.,  to  be  arranged  so  as  to  facilitate,  Act  837, 

§  131. 
Judgments  and  decrees  affecting  realty,  to  file  ind  record,  Act  837,  S  123. 


1688  INDEX. 

RECORDERS.      (Continued.) 

Neglect,    mistake   or   misconduct    of,    liability    for,    Act  837,  §  129. 

Newspaper  files  in  recorder's  offices,  deposit  of  in  public  libraries  authorized.  Act 

1250. 
Office   liours,   Act  837,  §  61. 
Particular  county.      See  particular  title. 

Partition,  decrees  affecting,  recording  of  and  effect  of.  Act  837,  §§  123,   124. 
Salaries  of  in  various  counties.      See  Counties. 
Time   for  recording  and  book   and  page  where   recorded  to  be   indorsed   on,   Act 

837,  §  127. 
Time,  order  and  manner  of  recording  instruments,  Act  837,  §  126. 
What  instruments  to  be  recorded,  Act  837,  §  120. 

RECORDER'S  COURT. 

Cities  of  fifth  class  established  under  municipal  corporation  bill. 

Appeals,   Act  2348,  §  806. 

Disqualification  of  recsrder,  and  proceedings  on,  Act  2348,  §  808. 

Establishment  of.  Act  2348,  §  806. 

Jurisdiction   of,    Act  2348,  §  806. 

Powers  of  recorder.  Act  2348,  §  807. 

Practice  and  procedure,  Act  2343,  §  806. 

Recorder  is  judge  of,   Act  2348,  §§  806,   807. 

Trial,  when  by  court  and  when  by  jury.  Act  2348,  §  806. 

Cities  of  sixth  class  incorporated  under  municipal  corporation  bilL 
Appeals,  Act  2348,  §  882. 

Disqualification  of  recorder  and  proceedings  in  case  of,  Act  2348,  §  88'1. 
Establishment  of,  Act  2348,  §  882. 
Pees  of  recorder.  Act  2348,  §  883. 
Juris'diction   of,   Act  2348,  §  882. 
Power  of  recorder  as  judge,  Act  2348,  §  883. 
Practice   and  procedure.   Act  2348.  §  882. 
Recorder  is  judge  of.   Act  2348,  §§  882,   883. 
Trial  to  be  by  jury  when  and  when  by  court.  Act  2348,  §  882. 

RECORDS.      See  Restoration  of  Records. 

All  books,  papers  and  maps  open  to  inspection  without  charge.  Act  837,  §  131. 

Burnt  or  destroyed.      See  Burnt   or  Destroyed   Records   or  Documents. 

Copies  of.      See  Burnt  or  Destroyed  Records  or  Documents,   Act  442. 

Courts,   records  of  transferred  to  courts  formed  under  constitution  of   1879,  Act 

2987. 
Judges  not  to  order  production  of  original  papers.   Act  2348,  §  125. 
Notice,  record  of  decree  in  partition  as,  Act  837,  §  124. 
Transfer  of  records  from  courts  existing  prior  to   1879,  Acts  844,   2987. 

RED  BLUFF. 

County  judge  to  distribute  to  inhabitants  lots  held  in  trust  for,  Act  2993. 
Hogs  prevented  from  running  at  large  in.  Acts  2994,  2995. 
Incorporation  of.  Act  2992. 

REDDING. 

Hogs  prevented  from  running  at  large  in.  Act  3612. 
Name  of  Redding  changed  to  Reading,  Act  3000. 

REDEMPTION. 

Purchaser  of  public  land,  redemption  by,  after  forfeiture.   Acts  2872,   3835. 
Taxation,  from.     See  Taxation 


INDEX,  1689 

BED  MEN. 

Incorporation  of,  Act  3005. 

REDWOOD  CITY. 

Clerk  of  board  of  trustees,   election  of,  Act  3012. 

Incorporation  of.  Act  3010. 

Stambaugh  Street,  trustees  authorized  to  extend  and  open,  Act  3011. 

Superintendent  of  streets,  election  of,  Act  3012. 

BEFEBEES.      See  Commissioners  in  Equity. 

BEFOEMATOEIES.      See  Preston  School  of  Industry;  Whittier  State  School. 

Boards  to  investigate  organization  receiving  dependent  or  delinquent  children,  Act 

1769. 
House  of  correction,  commitments   to,  Act  1540. 
House  of  correction  in  San  Francisco.      See  San  Francisco. 
Industrial   School   of   San   Francisco,   Act  3237. 
State  prison  directors  directed  to  investigate  as  to  cost  of.  Act  2780. 

BEGISTEATION, 

Deaths,  registration   of,   Act  897. 

Deaths,  of.      See  Death. 

Purchasers   of  pistols,   registration  of,   Act  883. 

Titles,  of,  Act  4115. 

BELIEF  COEPS.     See  Woman's  Relief  Corps. 

RELIGIOUS  CORPORATIONS. 

License  tax,  exempt  from,  Act  757. 

BENT. 

Cities  of  first  class  authorized  to  pay  rent  out  of  general  fund,  Act  3209. 

BEPORTER.     See  Supreme  Court  Reporter. 

REPORTS. 

Particular   officers,   by.      See   particular   title. 

RESCUE. 

Liability  of  sheriflf  for.  Act  837,  §§  96,  97. 

RESERVATIONS. 

Forest.      See  Forest  Reservations. 

Lands  within  Indian  reservations  granted  to  United   States,   Act  1605. 
State   lands,   certain,   reserved  from   sale,   Act  3838. 

Title    of    state    to   lieu    lands    selected   for    school    lands    in    national    reservations 
validated.  Act  2874. 

RESOLUTIONS.      See  Ordinances. 
Mayor,  to  be  presented  to.  Act  2583. 

RESTAURANT. 

Refusal  of  admission  to  because  of  race  or  color,  punishment  of.  Act  605. 

RESTRAINING  ORDERS. 

Ub«  of,  in  disputes  between  master  and  servant  limited,  Act  692. 


1690  INDEX. 

RESTRAINT  OP  TRADE, 

Trusts  in  restraint  of,  act  regulating  and  prohibiting,  Act  4166.     See  Trusts. 

RETURN.     See  Notices;  Process;   Sheriffs. 

REVENUE.      See  Taxation. 

Act  to  provide  revenue  for  support  of  government,  Act  3017. 

REWARD. 

Exhumation   of  body  v^ithout  permit,   reward  for  information.  Act  545,  §  5. 
Governor  authorized  to  offer.  Act  1387. 

RHETT  LAKE. 

United  States  authorized  to  lower  level  of  and  use  for  reclamation  or  irrigation. 
Act  1858. 

RIOTS. 

Compensation  of  parties  whose  property  destroyed  by  mobs  or  riots.  Act  2251. 
National  guard,  expenses  of  in  case  of,  Act  2432. 

RIO  VISTA. 

Brazos  del  Rio,  name  of  changed  to  Rio  Vista,  Act  413. 

RIO  VISTA  SCHOOL  DISTRICT. 

Woods  Island,   Sacramento  County,  annexed  to,  Act  3540. 

RIVERS.     See  Waters. 

RIVERSIDE  COUNTY. 

Boundaries  of.  Act  3022. 

Classification  and  population  of,  Act  837,  §§  10,  157. 

Classification  of,  Act  3022. 

County  seat,  location  of.   Act  3022. 

Creation  of.  Act  3022. 

Officers,   deputies   and   assistants,    and   salaries,   fees   and   allowances   of,   Act  837, 

§  177. 
Orgaiiizatinn  of  and  appointment  and  election  of  officers.  Act  3022. 
Population  of.   Act  837,  §  10. 
Rights  between,  and  other  counties,   adjustment  of,  Act  3022. 

ROADS.      See  Highways. 

Particular  counties,  roads  in.      See  particular  title. 
Regulation  of,  Acts  3027,  3028. 

Wagon  road  corporations.      See  Wagon  Road  Corporations. 
Yosemite  Valley,  roads  in,  purchase  of,  Act  4468. 

RODENTS.      See  Ratg. 

RODEOS.      See  Animals. 

ROSTER. 

State,   compilation,  printing,  binding,  publishing,  and  distribution  of.  Act  349. 

ROUGH  AND  READY. 

Name  of  Rough  and  Ready  changed  to  Etna,  Act  3033. 


INDEX,  1691 

s 

SACRAMENTO  CIT-J. 

Attorney  for,   election  of,   Act  3040. 

Auditor  and  ex  officio  clerli  of  trustees,   salary  of,  Act  3041. 

Boards  of  trustees,  further  powers  of.  Act  3057. 

Boards  of  trustees  of.  acts  relative  to.  Acts  3057,  3058. 

Boundaries  of.  Act  3038. 

Canals  and  levees,  power  to  construct,  conferred  upon.  Act  3043. 

Capitol.      See  State  Capitol. 

Charter  of.  Act  3039. 

Dispensary  in,  establishment  and  maintenance  of,  Act  3045. 

Drainage  of.  Act  3046. 

Expert,  appointment  of.  Act  3049. 

Fire  department  in,  establishment  of  paid,  Act  3047. 

Firemen's  association,  exempt,  organizing.  Act  3048. 

Folsom,  construction  of  state  highway  to,  Act  1457. 

Funded  indebtedness,  redemption  of,  Act  3042. 

Gas-pipes  in,  O.  W.  Chesley  authorized  to  lay.  Act  3044. 

John  Hoagland,  authorizing  suit  against,  Act  3050. 

Incorporation  of,  Act  3039. 

Roads  in,  Act  3051. 

School  moneys,  payment  of  into  treasury  of.  Act  3055. 

State  capital,  location  of  at,  Act  3804. 

Street  assessment  in,  legalizing,  Act  3054. 

Streets,   improvement  of,  Act  3052. 

Streets  in.  Act  3051. 

Street  tax,  legalizing  assessment  of.  Act  3053. 

Swamp  lands,  granting  of  to.  Act  3056. 

Trustees  of,  powers  of,  Act  3060. 

Water  rates  in,   collection  of,  Act  3059. 

SACRAMENTO  COUNTY. 

Assessor  of.   Act  3065. 

Classification  and  population  of,  Act  837,  §§  10,  157. 

Constable,  fees  of.  Act  3068. 

District  attorney,   compensation  of,   Act  3066. 

East  Park,  protection  of  property  of,  Act  3067. 

Fees  of  constables.  Act  3068. 

Fees  of  justices  of  the  peace,  Act  3068. 

Fees  of  officers.  Act  3069. 

Fences,  division  in.  Act  1138. 

Government   of.   Act  3064. 

Growing  timber  on  private  grounds,  destruction  of  prevented,   Act  1577. 

Hunting  on  private  inclosed  grounds  in,  prevention  of,  Act  1577. 

Judge,  additional,  for.  Act  3070. 

Justices  of  the  peace,   fees  of.  Act  3068. 

Levee  commissioners,   additional  powers  conferred  on,   Act  3071. 

Levee  district  No.  1,  in,  Act  1916. 

Levees  in,  construction  and  repair  of,  Act  3072. 

Matron  for  county  jail.  Act  837,  §  214%. 

Notaries,   additional,   in,   Act  3073. 

Officers,  deputies  and  assistants,  and  salaries  and  fees  and  allowances  of,  Act  837, 

§  162. 
Officers,  fees  and  compensation  of.  Act  3069. 


1692  INDEX. 

SACRAMENTO  COUNTY.      (Continued.) 

Officers  of,  and  salaries,  fees  and  allowances  of.  Act  837,  §  162. 

Population  of.   Act  837,  §  10. 

Reclamation  districts,   delinquent   assessments,   collection   of,   Act  2968. 

Reclamation  district  No.  54,  ratifying,  Act  2952. 

Reclamation  district  No.  205,  creation  and  organization  of,  Act  2961. 

Reclamation  district  No.   252,   establishing,   Act  2963.  - 

Reclamation  district  No.  254,  creation   of,   Act  2964. 

Reclamation  district  No.   317,   creation  of,   Act  2966. 

Reclamation  district  No.  791,  authorized  to  maintain  joint  works  of  reclamation 
with  persons,   firms,   corporations  or  cities,   Act  2981,   note. 

Reclamation  district  No.  791,  authorized  to  sell  and  dispose  of  drainage  or  flood 
waters.   Act  2981,   note. 

Reclamation  district  No.  791,  payment  of  assessment  by  to  county  treasurer  au- 
thorized, Act  2981. 

Records  in,   transcribing  certain,  Act  3074. 

Roads  in.   Acts  3051,  3075,   3076. 

Roads,  certain  persons  allowed  to  take  possession  of  and  improve  a  certain  road, 
Act  3077. 

Sheep,  restricted  from  being  herded  or  running  at  large  in.  Act  3078. 

Stallions,   running  at   large   in,   prevention   of,   Act  1063. 

Supervisors  of,  powers  of,  defined,  Act  3080. 

Supervisors,  president  and  clerk  of  board  of.   Act  3079. 

Sutter  Island,  setting  off  portion  of  for  school  purposes.  Act  3545. 

Swamp  land  district  No.  2,  provision  for.   Act  3046. 

Swamp  land  districts  50   and  54,   funds  for.   Act  2967. 

Treasurer  of,  manner  of  counting  moneys  in  hands  of.   Act  3081. 

Trespassing  of  animals  in.   Act  1071. 

Woods  Island,  annexed  to  Rio  Vista  school  district,   Solano  County,  Act  3540. 

SACRAMENTO  DRAINAGE  DISTRICT. 

Assessments,   levying  and  collecting  upon  lands  within,  Act  979. 

Creation,  division  and  management  of  districts  within,  Act  979, 

Creation  of,   Act  979. 

Officers,  election  and  appointment  of,  Act  979. 

Officers,  powers,  duties  and  compensation  of,  Act  979. 

SACRAMENTO  RIVER. 

Navigability  of.   Act  4358. 

Navigation   of,   improvement  of,   Act  3811. 

Rectifying  channel  and  improving  navigability  by  department  of  engineering,  Acts 

3814,   3815,   3816,   3817. 
Spark-catchers,  use  of  on  steamers  on.  Act  3888. 

SACRAMENTO  RIVER  DRAINAGE  DISTRICT. 

Board  of  commissioners,  creation,  powers  and  duties  of.  Act  981. 
Creation  of.  Act  981. 

SAILORS.      See  Soldiers  and  Sailors;   Veterans'   Home. 

SALARIES. 

Officers,  of.  Act  1119. 

Particular  officers.      See  particular  title. 

Retaining  portion  of  salary  of  subordinate  officers  a  felony,  Act  2549. 


SALES. 

Adulterated,  mislabeled  or  mistranded  drugs,  sale  of,  prevention  of,  Act  30. 
Adulterated,  mislabeled  or  misbraiuled  goods,   sale  of,  prevention  of.   Act  29. 
Deception  in  sale  of  dairy  products,  prohibition  of.   Act  875. 
False  representations  and  advertisements   as  to  articles,   punishment  for  making, 

Act  3083. 
Fertilizer   and  manurial  materials,   regulation   of  sale   of,   Act  1157. 
Fraud  and  Imposition  in  stamping  and  labeling  goods,  Act  2100. 
Fraud  in  sale  of  fruit  trees,  prevention  of,  Act  1518. 
Fraud  in  sale  of  fruit  trees,  punishment  of,   Act  1518. 
Furniture    stuffed    with    second-hand    materials    to    be    stamped    and   labeled,    Act 

2062. 
Paris  green,  fraud  in  sale  of,  prevention  of.  Act  2614. 
Paris  green,  regulation  of  sale  of.  Act  2614. 
Particular  article,  of.      See  particular  title. 
Ratification  of  void  probate  sales.  Act  2785. 

Trading  stamps,  penalty  for  violating  statute  forbidding  use  of.   Act  4123. 
Trading  stamps,   use  of  forbidden.   Act  4123. 

Validation  of,  by  public  administrators  before  obtaining  letters,  Act  2809. 
Warehouses  in  other  states,  goods  in,  sale  of.  Act  4319. 
Wines,  deception  in  sale  of,  preventioa  of.  Act  45. 

SALINAS  CITY. 

Charter  of.  Act  3087,  note. 
Incorporation  of.  Act  3086. 
Reincorporation  of.  Act  3087. 

SALINAS  RIVER. 

Declared  navigable.   Act  3092. 

SALMON.      See  Fish. 

SALOONS.      See  Intoxicating  Liquors. 

SALT  MARSH  LANDS. 

Survey  and  disposition  of.  Acts  2858,  4033.      See   Swamp   and  Overflowed  Lands. 

SAN  ANTONIO  CREEK. 

Bridge  across,  supervisors  of  Alameda  County  given  control  of.  Act  104. 

Construction  of  drawbridge  across  allowed,   Act  3098. 

Declared  navigable,  Acts  1798,   3097. 

Oakland,  bridge  across  authorized.  Act  2518. 

Preventing  catching  of  fish  in  by  weirs,  nets  or  seines.  Act  1330. 

SAN  BENITO  COUNTY. 

Animals  of  another,  wounding  in,   punishment  of.   Act  1593. 

Animals,  trespassing  of  in,  prevented.  Act  3104. 

Classification  and  population  of,   Act  837,  §§  10,   157. 

Creation  of.  Act  3103. 

Fences  in,   tearing  down  of,   prevention  of,   Act  1593. 

Fires,  leaving  of,  punishment  of,   Act  1593. 

Hunting  on  inclosed  lands  in,  prevention   of.   Act  1593. 

Inclosures,  passing  through  and  leaving  open,  Act  1593. 

Licenses  in.  Act  3105. 


1694  INDEX. 

SAN  BENITO  COUNTY.      (Continued.) 

Officers,    deputies   and   assistants   and   salaries,   fees  and   allowances  of,  Act  837, 

§  200. 
Population   of,   Act  837,  §  10. 
Roads  and  highways  in,  Act  3108. 
Squirrels,  destruction  of,   Act  187. 
Transcribed  records  of  legalized,  Act  3106. 
Transcription  of  records  from  Fresno  and  Merced  counties.  Act  3107. 

SAN  BERNARDINO  CITY. 

Charter  of,  Act  3110. 

Construction  of  telegraph  line  from  San  Jose  to,  Act  4092. 

Interest   escheating   to   state   on  incorporation  becoming  extinct,   granted  to.  Act 
3111. 

SAN  BERNARDINO  COUNTY. 

Agriculture,  protection  of,  in,  Acts  3113,  3114. 

Animals,   prevention  of  trespassing  of  in,   Acts  1071,   3113,   3114. 

Animals,   wild,   destruction   of   in.   Act  188. 

Bee-keeping  in,  regulation  and  protection  of.  Act  3115. 

Classification  and  population  of,  Act  837,  §§  10,  157. 

County  clerk,  file  clerk  in  office  of  provided  for.  Act  1758. 

District  attorney,  salary  of.  Act  3116. 

Fees  of  office  in.  Acts  3117-3119. 

Fences  in,  Acts  1134,  1135,  1137. 

Growing  timber  on  private  grounds,   destruction  of  prevented,  Act  1577. 

Hides  of  slaughtered  cattle,  keeping  of.  Act  182. 

Highways  in,  provisions  of  Political  Code  made  applicable.  Act  3123. 

Hunting  on  private  inclosed  grounds  in,  prevention   of.   Act  1577. 

Irrigation  ditches,  water  rights  responsible  for  expenses  on,  Act  3120. 

Irrigation,  protection  of.  Act  3120. 

Judge,   additional,   for.  Act  3121. 

Justices  in,  amount  and  manner  of  payment  of  salaries  of.  Act  1758. 

Justices  in,  classification  of  townships  for  purpose  of  fixing  salaries,  Act  1758. 

Officers,    deputies   and   assistants   and   salaries,    fees   and  allowances   of.   Act  837, 

§  167. 
Officers  of,  fees  and  salaries  of.  Acts  3117-3119. 
Population  of.  Act  837,  §  10. 
Records  in  legalized.  Act  3124. 

Records  of,  preservation  and  transcription  of.   Act  3122. 
Squirrels  and  gophers,   destruction  of.   Act  188. 
Supervisor  districts,   division   into.   Act  3126. 
Supervisors,  compensation  of.  Act  3127. 
Supervisors  in,  election  of.  Act  3125. 

Tax  collector,  cashier  in  office  of,  provided  for,   Act  1753. 
Trespassing  of  animals  in.   Acts  1071,   3113,    3114. 
Wagon  road  in,  construction  and  cost  of,  Act  3128. 
Water  commissioners  for.   Act  4365. 
Water  commissioners  for,  board  of.  Act  3129. 
Waters,  overseer  to  regulate.  Act  4365. 

SAN  BERNARDINO  FOREST  RESERVE.      See  Forest  Reservation. 

SAN  BERNARDINO  VALLEY  TRACTION  COMPANy 

Trustees  of   Southern  California  State  Hospital  authorized  to  convey  certain  land 
to.  Act  1637». 


I 


INDEX,  1695 

SAN  BUENAVENTURA. 

Incorporation   of,   Act  3139. 

Ordinances,   certain,   approved,  Act  3141. 

Reincorporation   of,   Acts  3140,  3141. 

School  districts,   legalizing  and  confirming  boundaries  of,   Act  3158. 

SAN  DIEGO  CITY. 

Authorized  to  convey  portion  of  La  JoUa  Park  to  University  for  biological  station, 
Act  3157. 

Charter  of.  Acts  3145,  3147,  note. 

Conveyances  by  municipal   authorities   validated.   Acts  3149,  3150. 

Conveyance  by  to  Richard  C.  McCormick  ratified.  Act  3153. 

Conveyances  of  pueblo  lands  in  legalized,  Act  3148. 

Conveyances  to  United  States  for  military  or  naval  purposes  authorized,  Act 
3151. 

Conveyances  to  United  States  of  realty  necessary  to  change  San  Diego  River  au- 
thorized, Act  3152. 

Harbor  Commissioners  in  authorized  to  transfer  jurisdiction  over  ecrtain  tide 
lands  in  San  Diego  Bay  to  United  States,  Act  3159. 

Harbor  commissioners  of.      See  Harbor  Commissioners. 

Normal  school  at.  Act  3556. 

Ordinances  relating  to  Texas  and  Pacific  Railroad  Company,  legalizing  and  re- 
pealing. Act  3154. 

Pilot  and  pilot  regulations  for  port  of,  Act  3155. 

Reincorporation  of,   Acts  3146,  3147. 

School  districts,   legalizing  and  confirming  boundaries  of,  Act  3156. 

SAN  DIEGO  COUNTY. 

Agriculture  in,  protection  of.  Act  3163. 

Animals  of  another,  wounding  in,   punishment  of,   Act  1593. 

Animals,   trespassing  of,  prevented.   Act  3163. 

Assessor,   compensation  of.  Act  3164. 

Classification   and  population  of.   Act  837,  §§  10,  157. 

Conveyance  of  certain  tide  lands  in  San  Diego  Bay  to  United  States,  Act  3160. 

County  clerk  of,  funds  for  use  of  tide  waters  of.  Act  3167. 

False  Bay,  charge  for  use  of  tide  waters.  Act  3174. 

False  Bay,  fishing  by  means  of  weirs,  dams,  nets,  traps  or  seines  in,  prevention. 

Act  1337. 
False  Bay,  machinery,   erection  of,   authorized,   Act  3174. 
False  Bay,  use  of  tide  waters  authorized,   Act  3174. 
Fees  of  officers,   Acts  3165,  3166. 
Fences  in.   Acts  1134,  1135. 

Fences  in,   tearing  down  of,  prevention  of.  Act  1593. 
Fires,  leaving  of,  punishment  of.  Act  1593. 
Fishing  in   San  Diego  Bay  by  weirs,   dams,  nets,   traps  or  seines,  prevention  of. 

Act  1338. 
Funding  indebtedness  of.  Act  3170. 
Government  of.  Acts  3161,  3162. 

Growing  timber  on  private  grounds,  destruction  of  prevented,  Act  1577. 
Hides  of  slaughtered  cattle,  keeping  of.  Act  182. 

Hunting  on  private  inclosed  grounds  in,  prevention  of.  Acts  1577,  1598. 
Inclosures,  passing  through  and  leaving  open.  Act  1593. 
Judges,  increase  of  number  of.  Act  3171. 
Judges,  reduction  in  number  of,  Act  3172. 
Normal  school,  state,  establishment  of  in,  Act  3556. 


1698  INDEX. 

SAN  DIEGO   COUNTY.      (Continued.) 
Notaries,   additional   in,   Act  3168. 

Officers,  deputies  and  assistants  and  salaries,  fees  and  allowances,   Act  837,  |  166, 
OfficftTS  of,  fees  and  salaries  of,  Acts  3165,  3166. 
Population  of,  Act  837,  §  10. 
Roads  and  highways  in.  Act  3173. 

Supervisors  to  transfer  swamp  land  funds  to  contingent  fund,  Act  3169. 
Trespassing  animals  in.  Act  1064. 
Water  commissioners  for.  Act  4365. 
Waters,  overseer  to  regulate,  Act  4365. 

SAN  FRANCISCO. 

Almshouse,   establishment  and  maintaining.  Act  3178. 

Army   street  in,  opening.  Act  3179. 

Assessor,  appointment  of  deputies  by,  Act  3180. 

Assessor  receives  no  commissions  on  collections  or  compensation  for  military  roll, 

Act  837,  §  210. 
Attorney  for  state  board  of  health  and  board  of  health  of.   Act  2831. 
Auditor,  additional  powers  conferred  on.  Acts  3193,  3314,  3321,  3322. 
Auditor,  deputy,  appointment  of.  Act  3181. 
Auditor,  expending  unexpended  balances.  Act  3322. 
Auditor,  facilitating  transaction  of  business  in  ofRce  of,  Act  3181. 
Auditor,  further  powers  conferred  on.  Act  3193. 
Authorized  to  pay  rent  and  salaries  out  of  general  fund.  Act  3209. 
Balances,  unexpended,  expending  of.  Act  3327. 
Bay  Street,  grading  of  and  changing  of  grade,  Act  3182. 
Beach  and  water  lots,  boundaries  of.  Act  3185. 
Beach  and  water  lots,  granted  to.  Act  3185. 
Board  of  accountancy  to  have  office  at,  Act  11,  §  2. 
Board  of  education  authorized  to  exchange  lot,  Act  3183. 
Board  of  education,  further  powers  conferred  upon.  Act  3193. 
Board  of  education  of,  payment  of  claim  of  against  state,  Act  3176. 
Board  of  education,  powers  and  duties  of.  Act  3184. 
Board  of  examination,  further  powers  conferred  upon.   Act  3193. 
Bonds,  issuance  and  sale  of  for  construction  of  ferry  depot  in  San  Francisco,  Act 

1152. 
Bowman,  James,  interest  of  state  in  water  lot  quitclaimed  to  successors  of,   Act 

4028. 
Cemetery  Avenue,  conveyance  of  and  plaza  reserved  up  to  New  Cemetery  Avenue 

authorized.  Act  3199. 
Cemetery  Avenue,  supervisors  authorized  to  convey  tract  comprising.  Act  3190. 
China   Basin,   ratification   of  lease   of   to    San   Joaquin  Valley  Railroad   Company, 

Act  1890. 
Channel  Street,  acquiring  lands  contiguous  to.  Act  3321. 
Channel  Street,   canal  through.  Acts  3191,   3192. 
Channel  Street,  opening  of.  Act  3297. 

Channel  Street,  vacation  and  sale  of  certain  parts  of.  Act  3321. 
Charter  of,  Act  3177. 

City   and  county  attorney,  additional  fees  for  and  for  assistants.   Act  3208. 
City  attorney,   assistants  to.  Act  599, 

City  hall,  board  of  city  hall  commissioners,  abolishing,  Act  3189. 
City  hall,  completion  of,  Act  3188. 
City  hall,  erection  of,  Act  3186. 

City  hall  lots,  execution  and  delivery  of  deeds  to  purchasers,   Act  3187. 
Claim  of  board  of  education  of,  against  state,  payment  of.  Act  3175. 


i 


INDEX  1687 

SAN  FRANCISCO.      (Continued.) 

Claims  against,   one-twelfth  act,   Act  3329. 

Classification   and  population   of,   Act  837,  §§  10,  157. 

Clerks  appointed  by  supervisors,  payment  of  salaries  of,  Act  3291. 

Conlin,  John  J.,  act  for  relief  of,  Act  3202. 

Conveyance  of  lot  to  San  Francisco  Ladies'  Protection  and  Relief  Society,  author- 
ized, Act  3291. 

Conveyance  of  old  Cemetery  Avenue  and  plaza  reserved  up  to  New  Cemetery  Ave- 
nue authorized,  Act  3199. 

Conveyances  to   South  San  Francisco  Homestead  and  Railroad  Association  author- 
ized, Act  3201. 

Coroners,  assistants  to,   appointment,   compensation  and  duties,  Act  752. 

Coroners  in.  Act  3203. 

Coroner,  salary  payable  out  of  general  fund,  Act  3209. 

Coroner,  stenographer  to,  Act  753. 

Costs  in.  Act  3204. 

County  clerk  in,  act  in  relation  to.  Act  3205. 

County  clerk  in  to  keep  his  office  open  on  election  day.  Act  3206. 

County  clerk,  deputies,  assistants  and  copyists  of.  Act  828. 

County  clerk,  deputies  and  assistants  of  and  their  salaries.  Act  3207. 

District  attorney,  assistants  and  clerks  in.  Act  943. 

District  attorney,   authorized  to  appoint  second  assistant.  Act  3210. 

District  attorney  of,  office  of,  Act  3211. 

Dupont  Street,  preservation  of  name  of,  Act  3212. 

Dupont   Street,   widening  of.   Act  3213. 

East   Street,    harbor   commissioners  authorized   to   sell,    condemn,   and   acquire   «d- 
jacent  lands.   Act  1428. 

East  Street  harbor  commissioners  authorized  to  rectify  alignment,  Act  1428. 

East  Street,  jurisdiction  of  harbor  commissioners  extended  over,   Act  1427. 

East  Street,  width  of.  Act  3214. 

Elections  in,  registration  of  voters.  Act  3216. 

Elm   Street,  in,  closing  of,  Act  3215. 

Fares,  rates  of  on  street  railroads  in  cities  over  100,000,  Act  2929. 

Fees  in,  Act  3346. 

Fees  in,  regulation  of,  repeal  of  act.  Act  3346. 

Fees,  manner  of  paying  in  cities  and  cities  and  counties  over  100,000,  Act  1121. 

Fees  of  jurors  and  witnesses  in.  Act  3217. 

Ferry   and  passenger  depot   of,   bonds  for  constructing  and  furnishing,   Act  1426. 

Fifteenth  Avenue  extension,  opening  of,  Act  3218. 

Fire  commissioners,   appointment  of  messenger  by  supervisors,  Act  3222. 

Fire  company,  exempt,  authorized  to  receive    and    manage    certain    property.  Act 
3226. 

Fire  company,  exempt,  president    and    secretary    authorized  to  administer    oaths, 
Act  3225. 

Fire  department,  acts  relating  to.  Acts  1180,   1181,  1182. 

Fire  department,   compensation  of  secretary.  Act  3224. 

F'ire  department,  increasing  efficiency  of  in.  Act  1182. 

Fire  department  in,   reorganizing  and  regulating,  Act  3221. 

Fire  department,  paid,  provision  for.  Act  3220. 

Fire  department,  paid,  reorganization  and  regulation  of,   Act  3221. 

Fire  department,  paid,  support  of  disabled  members.  Act  3223. 

Fire  department,   salaries  of  officers  of.  Acts  1180,  1181. 

Fire  marshal,  appointment  of.  Act  3219. 

Fishermen,  harbor  commissioners  to  set  off  portion  of  waterfront  for,  Act  3230. 
Gen.  Laws — 107 


1698  INDEX. 

SAN  FRANCISCO.      (Continued.) 

Free  dispensary  in,  establishment  and  maintenance  of,  Act  3227. 

Free   public   market   on  waterfront,   establishment   of.   Acts  1430,  3228. 

Funded  debt  commissioners  authorized  to  compromise  claims  and  convey  property, 
Act  3195. 

Funded  debt  commissioners  authorized  to  transfer  certain  funds  and  property  to, 
Act  3194. 

Funded  debt  commissioners,  sales  and  conveyances  by  authorized.  Act  3196. 

Funds,  unexpended  balances,  expending  of,  Act  3322. 

Gas,  regulation  and  price  of  in.  Act  1344. 

Gas,  quality,  standard  and  price  of.  Act  3236. 

General  fund,  rent  of  courtrooms  and  police  stations  and  salaries  of  janitors  pay- 
able out  of,  Act  3209. 

Golden  Gate  Homestead  Association,  swamp  land  commissioners  authorized  to  sell 
certain  land  to.  Act  1372. 

Golden  Gate  Park,  authority  of  commissioners  extended  over  Point  Lobos  Avenue, 
Act  3276. 

Golden  Gate  Park,  commissioners  of  authorized  to  receive  gifts.  Act  2880. 

Golden  Gate  Park,  preservation  and  improvement  of.  Act  3229. 

Hamilton  Square,  order  for  exchange  of  lands  in  confirmed,  Act  3272. 

Harbor  commissioners.      See  Harbor  Commissioners. 

Highways  in,  repair  and  improvement  of.   Act  3288. 

Home  of  inebriates  in.  Act  3231. 

Hospital,   authorized  to  erect  a,  and  levy  a  tax  therefor,   Act  1522. 

Hospital,   cities  of  first  class  authorized  to  erect,  Act  2342. 

Hours  of  service  of  members  of  police  department,   Acts  2728,  2729. 

House  of  correction,   act  relating  to.   Act  3233. 

House  of  correction,  funds  to  build.   Act  3232. 

House  of  correction  of,  government  and  utilization  of  labor.  Act  3234. 

Hunting  and  shooting  on  private  grounds  in,  prevented.  Act  3235. 

Incorporation  and  government  of  merged  cities  and  counties  of  100,000  inhabi- 
tants, Act  2339. 

Industrial  school  department  of,  Act  3238. 

Industrial  school,  management  of,  transferred  to  supervisors.  Act  3237. 

Inebriates,   care  of,  Act  3239. 

Insane,  care  of,  Act  3239. 

Inspector  of  steam  boilers,  and  steam  tanks,  appointment  of,  Act  3240. 

Interpreter,   additional,    for  criminal   courts.   Act  3241. 

Islais  Creek,  declared  navigable.  Act  3242.  , 

Islais  Creek,  jurisdiction  of  given  harbor  commissioners.  Act  3242.  j 

Italian  interpreter,   appointment  of  in   cities  of   100,000,  Act  1680.  i 

Ivy  Avenue,   closing,   Act  3243.  j 

Judgments  against  cities  and  counties  over  100,000,  how  paid.  Acts  800,  1747.  j 

Judgments  quieting  titles  to  lands  in,  authorized  to  be  recorded,  Act  3325.  I 

Jurors,  in,  fees  of,  Act  3217. 

Justice's   court   in,   organization   and   regulation   of.   Act  3244. 

Justice's  court  in,  regulating  proceedings  in,  Act  3245. 

Justice's  court  in,  summons.  Act  3246. 

Law  library  for,   creation  of,   Act  3292. 

Leidesdorff  Street,  opening  and  extending,  Act  3247. 

Licenses  in,  Act  3248. 

Licenses  in,  collector  of,  Act  3250. 

Licenses  in,  facilitating  and  increasing.  Act  3249. 

Manufacture  of  acids  and  explosive  chemicals,  Act  3251. 

Market-places,  closing  of,  Act  3309. 


INDEX.  1699 

SAN  FRANCISCO.      (Continued.) 

Matron  for   county  jail,  Act  837,  §  214%. 

Mayor  authorized  to  convey  lands  to  San  Francisco  Lying-in  Hospital  and  Found- 
ling Asylum,  Act  3198. 
Mayor  of,  salary  of  clerk  of,  Act  3252. 
McClure  charter  for.  Act  2339. 
Mechanic's    Institute    of,    authorized    to    sell,    mortgage    and    convey    realty,    Act 

2155. 
Mission   Creek,    acquiring  lands   contiguous  to.   Act   3321. 
Mission   Creek,    canal   through.   Act  3192. 
Mission  Creek  declared  navigable.  Act  3253. 

Mission  Creek,  vacation  and  sale  of  certain  parts  of,  Act  3321, 
Montgomery  Avenue,   grade  of.  Act  3254. 
Montgomery  Avenue,   opening   and  establishing,   Act  3257. 
Montgomery  Avenue,  orders  relative  to  street  work  on  ratified.  Act  3255. 
Montgomery  Street  south,  establishing  and  opening,  Act  3256. 
Morgue,  public,  in,  Act  3258. 
Mutual   real   estate    company,    surviving   trustees    authorized    to    make    sales,    Act 

3259. 
National  guard,  erection  of  armory  for,  in.  Act  2431. 
Noimal  school,  establishment  of  in.  Act  3557. 
Normal  school,   site  and  building  for.  Act  3535. 
North   Beach  and  Mission  Railroad  Company,   certain  privileges  granted   to,   Acts 

24S9,   2490,   32G0,   3261. 
North    San    Francisco    Homestead    and    Railroad    Association,    commissioners    of 

swamp  lands  authorized  to  convey  lands  to.  Act  2495. 
Notary,   additional  for,  Act  3263. 
Nuiary,  additional,  to  reside  at  Presidio,  Act  3264. 

Notary,   additional,  to  reside  at  Yerba  Bueiia  Island,  Acts  3262,  3205, 
Officers  of,  salaries  of,  Act  837,  §  158. 
Oae-twelfth  act.  Act  3329. 

Order  No.  800,  quieting  title  to  lands  in,  confirmed.  Act  3270. 

Order  No.  883,  for  e.xcliange  between  and  Edward  Tompkins,  confirmed,   Act  3272. 
Order  No.  1004,  requiring   fencing    and  to  prevent    drifting    sand,    confirmed,  Act 

3273. 
Order  No.  1404,  confirmed,  Act  3274. 

Order  requiring  fencing  lots  and  to  prevent  drifting  sand,  confirmed.  Act  3273. 
Ordinance  No.  840,   confirmed,  Act  3271. 
Ordinance,   Van  Ness,   ratification  of.   Act  3332. 
Orphan  asylums  authorized  to  bind  children  as  apprentices,   clerks  and  servants. 

Act  214. 
Park  commissioner,  creation  of  office  of.  Act  3285. 

Park  commissioners,  authority  extended  over  Point  Lobos  Avenue,  Act  3276. 
Park  purposes,  reservation    for.  Act  3286. 

Perry,  Sallie  C,  claim  of  state  to  certain  tract  quitclaimed  to,  Act  4030. 
Pharmacy,   regulating  practice  of.  Acts  3277,  3278. 

Point  Lobos  Avenue,  authority  of  park  commissioners  extended  over.   Act  3276. 
Police  court,  additional,  creation  of,  Act  3281. 
Police   court,   creation   of.   Act  3282. 

Police  court,  prosecuting  attorney  authorized   to  appoint  clerk.  Act  3283. 
Police   department,   appointment  of  members  of.   Act  2732. 
Police  department,   rules  and  regulations,  power  and  duties  of  police  commission 

as  to.  Act  2737. 
Police  department,   rules   and  regulations,   violations   of  and  punishment  for,   Act 

2737. 


1700  INDEX. 

SAN  FRANCISCO.      (Continued.) 

Police  department,   salaries  of  officers  of,  Act  2732. 

Police  force,  increasing  and  regulating,  Acts  3279,  3280. 

Population  of.  Act  837,  §  10. 

Prisons,   authorized  to  make  alterations  In,  Act  3284. 

Public  building,   condemnation  of   site  for  and  erection   of.   Act  2364. 

Quarantine  for,  establishment  of.   Act  3287. 

Registration  of  voters.  Act  3216. 

Rent  of  courtrooms  and  police  stations  payable  out  of  general  fund,  Act  3209. 

Reservations  for  park   and  reservoir  purposes.   Act  3286. 

Reservoir  purposes,  reservation  for.   Act  3286. 

Resolution  No.   11,900,   vacating  streets,   confirmed.   Act  3275. 

Roads  in,  repair  and  improvement  of.   Act  3288. 

Sailor  boarding  house,  regulation  of.  Act  3289. 

Salaries  of  clerks  appointed  by  supervisors,  payment  of.  Act  3290. 

Sales  of  perishable  products  on  wharves  and  other  state  property,  permit  of  har- 
bor commissioners  necessary,  Act  3345. 

Sale  of  perishable  products  on  wharves  and  other  state  property,  regulation  of, 
Act  3345. 

San  Francisco  Ladies'  Protection  and  Relief  Society,  conveyance  of  lot  to  author- 
ized, Act  3291. 

San  Francisco  Lying-in  Hospital  and  Foundling  Asylum,  Mayor  authorized  to 
make  conveyance   to.  Act  3198. 

Sanitary  laws  for.  Act  3287. 

Scholle,  William,   conveyance  of  certain  water  lots  to  authorized.  Act  3344. 

Schools,  common,  of,  support  of,  Acts  3293,  3294. 

Seawall  in,   state  bonds  of,  submission  of  proposal  to  electors.   Act  376. 

Seventh  street,  grade  between  Bryant   and  Brannan   streets   established,   Act  3296. 

Seventh  street,  opening.  Act  3295. 

Sewer  in  to  drain  lagoon  known  as  Washerwoman's  Bay,  construction  of,  au- 
thorized. Act  3298. 

Sewers  in,  repairs  of,  authorized  and  facilitated  in  case  of  urgent  necessity,  Act 
3305. 

Sharp,   George  F.,  ordinance   authorizing  conveyance  to   ratified,   Act  3269. 

Sheriff  of,   act   concerning,   Acts  3299,   3300. 

Sheriff  of,  mileage  of.  Act  837,  §  158. 

Shipping  offices,  regulation  of.  Act  3289. 

Sinking  fund  commissioners,  conveyances  by  legalized.  Acts  3197,   3200. 

South  San  Francisco  Homestead  and  Railroad  Association,  conveyances  to  author* 
ized,  Act  3201. 

Stenographer  to  coroner.  Act  753. 

Sixth  Street,  opening  and  establishing.  Act  3297. 

State  building  in,  act  providing  for.   Act  2819. 

State  building  in,  act  to  facilitate  erection  of.  Act  2820. 

State  building  in,   provision  for.   Act  2819. 

Street  assessments   against  property  of  United  States,  payment   of.   Act  3308. 

Street  improvements,  in.  Act  3307. 

Streets  in.  Army   Street  opening.   Act  3179. 

Streets,  Bay  Street,  grading  of  and  changing  of  grade.  Act  3182. 

Streets,  Cemetery  Avenue,  supervisors  authorized  to  convey  tract  comprising,  Act 
3190. 

Streets,  Channel  Street,  acquiring  lands  contiguous  to.  Act  3321, 

Streets,  Channel  Street,   canal  through,   Acts  3191,    3192. 

Streets,  Channel  Street,  opening  of,  Act  3297. 

Streets,  Channel  Street,  vacation  and  sale  of  certain  parts  of,  Act  3321. 


I 


INDEX.  1701 

SAN  FRANCISCO.      (Continued.) 

Streets,  closing  of  certain,  Acts  3308,  3309. 

Streets,  Dupont  Street,  preservation  of  name  of,  Act  3212. 

Streets,  Dupont  Street,  widening  of,  Act  3213. 

Streets,  East  Street,  width  of,  Act  3214. 

Streets,  Elm  Street,  closing  of,  Act  3215. 

Streets,  Fifteenth   Avenue   extension,   opening.   Act  3218. 

Streets,  grades  of   certain   street   crossings   changed,    Act  3302. 

Streets,  grades  of  certain  streets  legalized.   Act  3303. 

Streets,  grades  of  certain  streets  modified.  Act  3301. 

Streets,  grading  of  and  work  on  streets.   Acts  3317,   3319. 

Streets,  Ivy  Avenue  closed.  Act  3243. 

Streets,  Leidesdorff  Street,  opening  and  extending,  Act  3247. 

Streets,  Mission   Creek,   canal   through.   Act  8192. 

Streets,  Montgomery  Avenue,  grade  of.   Act  3254. 

Streets,  Montgomery  Avenue,   opening   and  establishing.   Act  3257.  " 

Streets,  Montgomery  Avenue,    orders   relative   to   street  work  ratified.   Act  3255. 

Streets,  Montgomery  Street   south,   establishing   and  opening  Act  3256. 

Streets,  ordinances  relating  to   street  work,   ratified,   Acts  3266,    3267. 

Streets,  Point  Lobos  Avenue,  authority  of  park  commissioners  extended  over,  Act 
3276. 

Streets,  repairs,  authorized  and  facilitated  in  case  of  urgent  necessity,  Act  3305. 

Streets,  repairs  in,  Act  3304. 

Streets,  resolution  No.   11,900,   vacating,   confirmed,  Act  3275. 

Streets,  Seventh  Street,  grade    established    between    Bryant    and   Brannan    Streets, 
Act  3296. 

Streets,  Seventh  Street,  opening  of,  Act  3295. 

Streets,  Sixth  Street,  opening  and  establishing.   Act  3297. 

Streets,  superintendent  of,   further  powers   granted   to.   Act  333  0. 

Streets,  supervisors  authorized  to  cut,  fill  and  grade  certain  streets.  Act  3319. 

Streets,  supervisors  granted  additional  powers  in  relation  to  accepted  streets,  Act 
3320. 

Streets,  supervisors  granted  certain  powers  as  to,  Act  3313. 

Streets,  Tehama  Street,  opening  and  extending  of,  Act  3324. 

Streets,  Townsend  Street,   orders  relating  to  grading  of  ratified.  Act  3268. 

Streets,  Valencia  Street,  supervisors  authorized  to  open,  Act  3330. 

Streets,  Vallejo  Street,  establishing  grade  of.  Act  3331. 

Streets,  Van  Ness  Avenue,  improvement  of.  Act  3333. 

Superintendent  of  streets,  further  powers  granted  to.  Act  3310. 

Superior  judges   of  may  appoint   secretary.   Act  845. 

Supervisors,   additional  powers  conferred  on.  Acts  3314—3321. 

Supervisors,  appropriation  from  general  fund  for  urgent  necessity  and  other  pur- 
poses authorized.  Act  3318. 

Supervisors  authorized  to  cut,  fill  and  grade  certain  streets,  Act  3319. 

Supervisors,  expending  unexpended  balances.   Act  3322. 

Supervisors  granted  additional  powers  in  relation  to  accepted  streets.  Act  3320. 

Supervisors  granted  certain  powers  as  to  streets.  Act  3313. 

Supervisors  granted  powers  to  complete  all  main  Intercepting  sewers,  Act  3311. 

Supervisors,  powers  of  as  to  contracts.  Act  3312. 

Taxes,  assessment  and  collection  of  on  personalty.  Act  3323. 

Taxes  upon  personalty,  act  relating  to  repealed,  Act  4051. 

Tehama  Street,   opening  and  extending  of.   Act  3324. 

Titles  in,  judgments  quieting,  recording  of.   Act  3325. 

Titles  in,  order  800  quieting,   confirmed.   Act  3270. 
Titles  in,  settlement  of,  expedited,  Act  3326. 


1702  INDEX. 

SAN  FEANCISCO.      (Continued.) 

Tompkins,  Edward,  order  for  exchange  of  lands  between  and  city,   confirmed,  Act 

3272. 
Townsend  Street,  orders  relating  to  grading  of  ratified,   Act  32  68. 
Training  ship  in,   establishment  and  maintenance   of.   Acts  3327,   3328,  4125. 
Treasurer,  additional  powers  conferred  on,  Acts  3314,  3321,  3322. 
Treasurer,  further  powers   conferred   upon,   Act  3193. 
Treasurers,  deputies  and  clerks  in  cities  of  over  200,000,  Act  4135. 
Treasury,  expending  unexpended  balances,   Act  3322. 
Treasury,   one-twelfth  act.  Act  3329. 

Valencia   Street,   supervisors   authorized  to   open,   Act  3330. 
Vallejo  Street,  establishing  grade  of.   Act  3331. 
Van  Ness  Avenue,   improvement  of,   Act  3333. 
Van  Ness  ordinance,    ratification   of,    Act  3382. 

Veterans'   home,   directors  authorized   to  exchange  or  lease  lands  in,   Act  4285. 
Voters,  registration  of.  Act  3216. 
Waterfront,  line  of,  Act  1432. 
Waterfront,  line  of,  extension   of,   Aet  3338. 

Waterfront,  line  of,  sale  of  property  of  state  within,  Acts  3336,   3337. 
Waterfront  lots,   conveyances  of   certain   to  William  Scholle   authorized,  Act  3344. 
Waterfront,  of,  compromise   of   litigation   concerning,   Act  3343. 
Waterfront  of,  description   of.    Acts  3334,    3335. 
Waterfront  of,  jurisdiction  of  harbor  commissioners.  Act  3335. 
Waterfront  of,  title   to   property   on   confirmed.   Act  3339. 
Water  rates   in,   establishing.   Act  3340. 

Waterworks,  cities  of  first  class  authorized  to  obtain.  Act  2360. 
Waterworks  for,  providing  and  maintaining.  Acts  3341,  3342. 
Wharves,  sale   of   perishables   on,   permit  of   harbor   commissioners  necessary.   Act 

3345. 
Wharves,  sales  of  perishables  on,  regulation  of.  Act  3345. 
Witnesses  in,  fees  of.  Act  3217. 

SAN  FRANCISCO  BAY. 

Quarantine  stations  in.  Act  2348,  §  182. 

SAN  FRANCISCO  LADIES'  PROTECTION  AND  RELIEF  SOCIETY. 

Conveyances  of  lot  to,  by  San  Francisco   authorized,  Act  3291. 

SAN  FRANCISCO  LAW  LIBRARY. 

Creation   of.   Act  3292. 

SAN  FRANCISCO  LYING-IN  HOSPITAL  AND  FOUNDLING  ASYLUM. 

Mayor  authorized   to   convey   certain   lands   to.   Act  3198. 

SAN  FRANCISCO  ORPHAN  ASYLUM. 

Managers  authorized  to  bind  children  as  apprentices,  clerks  or  servants,   Act  214. 

SANITARY  DISTRICTS. 

Acquisition  of  property  by.  Act  3349. 

Act  relating  to   formation,  government,  operation  and  dissolution  of,  Act  3349. 

Bonds,  issuance  of,  Act  3349. 

Bonds,  payment   of,   Act  3349. 

Bonds,  sale  of  and  disposal  of  proceeds,  Act  3349. 

Bonds,  validity   of,   determination  of,   Act  3349. 

Dissolution   of,    Act  3349. 

Election  in.  Act  3349. 


INDEX,  1708 

SANITARY  DISTRICTS.      (Continued.). 
Formation   of,   Act  3349. 
Go^eriinient  of,   Act  3349. 
Officers  of,  Act  3349,  §§  6  et  seq. 
Operation   of.   Act  3349. 
Powers  of.  Act  3349,  §  5. 
Sewers,   construction  of,  Act  3349. 
Taxes,  assessment,  levy,  collection,  custody  and  disbursement  of,  Act  3349. 

SANITARY  LAWS.      See  Public  Health. 

Sanitary  conditions  of  factories  and  workshops,  Acts  1098,   2139,   2841. 

SANITATION.      See  Public  Health. 

SAN  JOAQUIN  COUNTY. 

Additional  .iudge  provided  for.  Act  3366. 

Auditor,  recorder,  ex  officio  is.  Act  3365. 

Bounties  for  destruction   of  gophers   and   squirrels,   Act  3363. 

Canal  from  Mormon  Slough  to  Calaveras  River,  right  of  way  granted  to.  Act 
2893a. 

Classification  and  population  of,  Act  837,  §§10,  157. 

Fences,  division,  in.  Act  1138. 

Gophers  in,  bounty  for  destruction  of,   Act  3363. 

Gophers  in,  destruction  of.  Act  186. 

Grants  to  United  States  of  right  of  way  for  canal  from  Mormon  Channel  to  Cala- 
veras River,  Act  3353. 

Highways  in,   Act  3358. 

Levee,    authorizing   construction  of  by  certain  parties.    Act  3354. 

Mormon   Slough,   inhabitants  authorized  to  form  reclamation  district.   Act  2943. 

Officers,  deputies  and  assistants  and  salaries,  fees  and  allowances  of,  Act  837, 
§  165. 

Officers  of,   salaries  and  compensation  of.   Acts  3360,   3361. 

Phonographic  reporter,  duties  of.  Act  3362. 

Phonographic  reporter  in,  appointment  of,  Act  3356. 

Population   of,  Act  837,  §  10. 

Protection  of  certain  lands  from  overflow.  Act  3355. 

Public  wharves  in.  Act  3371. 

Reclamation   districts   in.   Act  2969. 

Recorder  ex  officio  auditor,  Act  3365. 

Records  of,  validating  of.  Act  3357. 

Road  districts,  authorized  to  levy  special  tax.  Act  3359. 

Roads   in,    Act  3358. 

Squirrels   in,  destruction  of.   Acts  186,   187,   3363. 

Supervisors   of.   Act  3364. 

Swamp  land  district  No.  17,   additional  powers  conferred  on.  Act  2950. 

Swamp  land  district  No.  221,  legalizing,  Act  2962. 

Tax  collector,   treasurer  ex  officio  is.   Act  3365. 

Treasurer  ex  officio  tax  collector.  Act  3365. 

Trespassing  of  animals  in,  Act  1071. 

Union  Island  reclamation  districts,  creation,  organization  and  government,  Act 
2970. 

SAN  JOAQUIN  RIVER. 

Declared  navigable.   Act  3370. 

Ferry,  establishment  of  in  Stanislaus  County,  on  San  Joaquin  River,  Act  3761. 


1704  INDEX. 

SAN  JOAQUIN  EIVEB.      (Continued.) 
Highway,   establishment  of,   on,   Act  3761. 
Navigability  of,  Act  4358. 
Navigation  of,  improvement  of,  Act  3811. 
Public  wharves  on,  act  concerning,  Act  3371. 
Rectifying  channel  and  improving  navigability  by  department  of  engineering,  Acts 

3814,    3815,    3816,    3817. 
Spark-catchers,  use  of  on  steamers.  Act  3888. 

SAN  JOAQUIN  VALLEY  EAILROAD. 

Certificate  of  incorporation  validated.  Act  563. 

Lease  of  China  Basin  in  San  Francisco  to,  ratified,  Act  1872. 

SAN   JOSE. 

Board  of  health  in.  Act  3378. 

Bonds  to  provide  for  sewerage,   Act  3379. 

Charter  of.  Acts  3375,   3377,  note. 

Construction  of  telegraph  line  from,  to   San  Francisco,  Act  4092. 

Fire   department  of.   Act  3380. 

Law  library   in,   Act  3381. 

Market  Street,  opening  of  through  Market  Square,  ratified.  Act  8382. 

Normal  schools  in,  Acts  3554,   3558. 

Normal  school,  repairs  to,  Act  3534. 

Normal  school,  trustees  authorized  to  reconvey  tract  to  city  for  library.  Act  3558. 

Public  park,  certain  lands  declared  to  be,  Act  3383. 

Reincorporation   of.   Acts  3376,    3377. 

Santa  Clara  Avenue,  act  concerning.  Act  3383. 

School   trustees  authorized  and  empowered  to  erect  a  high   school  building.   Act 

3384. 
Sewerage  of,  bonds  for  issuance.  Act  3379. 
Streets  in,  opening,  -widening  and  extending,  Act  3385. 

SAN  JOSE  DE  GUADELOUPE. 

Navigability  of.  Act  4358. 

SAN  JUAN. 

Incorporation  of.   Act  3390. 

SAN  LEANDEO. 

Incorporation  of.  Acts  3395,  3396. 

SAN  LEANDEO  CREEK. 

Navigability  of,  Act  4360. 

SAN  LUIS  OBISPO  CITY. 

Bonds  of,  issuance  and   sale  of,   Acts  3420,   3422. 

Bonds  of,  substitution  in  lieu  of  bonds  of  town.  Act  3421. 

Incorporation  of,  Act  3418. 

Police  judge  of.  Act  3423. 

Reincorporation  of.  Act  3419. 

Roads  in.  Act  3424. 

Streets  in,   Act  3424. 

Title  to  lands  in,  settlement  of.  Act  3425. 

SAN  LUIS  OBISPO  COUNTY. 

Animals   of  another,  wounding  in,   punishment  of.   Act  1593. 


INDEX.  1705 

SAN  LUIS   OBISPO  COUNTY.      (Continued.) 
Animals,  trespassing  in,  Acts  1071,  3401. 

Boundary  line  between  San  Luis  Obispo  and  Kern  counties,  locating,   Act  818. 
Bounties  for  destruction  of  wild  animals  in,  Act  189. 
Classification  and  population  of,  Act  837,  §§  10,  157. 
District  attorney,  fees  and  compensation,  Act  3404. 
Fees  of  district  attorney,   Act  3404. 
Fees  of  officers  in.  Act  3402. 
Fees  of  recorder  of.  Act  3402. 
Fences,   division,  in,  Act  1138. 

Fences  in,  tearing  down  of,  prevention  of,  Act  1593. 
Fires,   leaving  of,  punishment  of.  Act  1593. 

Growing  timber  on  private  grounds,  destruction  of  prevented,  Act  1577. 
Hides  of  slaughtered  cattle,  keeping  of,  Act  182. 
Hunting  on  inclosed  lands  in,  prevention  of.  Acts  1593,  1577. 
Inclosures,  passing  through  and  leaving  them  open,  Act  1593. 
Notaries,  additional,  for,  Act  2501. 
Officers,    deputies    and   assistants   and   salaries,    fees    and   allowances    of.    Act  837, 

§  182. 
Officers  in,  fees  of,  Act  3402. 

Officers  of,  salaries  and  compensation  of,  Acts  3402,  3409,  3410, 
Population   of,   Act  837,  §  10. 
Recorder  of,  fees  of.  Act  3403. 
Records  in,   transcribing  of,   Acts  3405,    3406. 
Roads  in,  Act  3407. 
Road  purposes,  funds  for,  Act  3408. 
Squirrel  nuisance,   abatement  of.   Act  3411. 
Squirrels,   destruction   of.   Act  187. 
Superior  judge,  additional,  for.  Act  3412. 
Superior  judges,  reducing  number  of,  Act  3413. 
Supervisors,   reorganizing,  Act  3414. 
Trespassing  of  animals  in,  Acts  1071,  3401. 

SAN  MATEO  COUNTY. 

Animals,  pounds    in.    Act  3433. 

Animals,  trespassing  in.  Act  3439, 

Classification   and  population   of,    Act  837,  §§10,    157. 

Fences,  boundary,    in,    Act  3430. 

Fences,  division,    in.    Act  1138. 

Growing  timber  on  private  grounds,  destruction  of  prevented,  Act  1577. 

Hides  of  slaughtered  cattle,  keeping  of,  Act  182. 

Highways  in,  construction  and  improvement  of.  Act  3431. 

Hunting  on  private  inclosed  grounds  in,  prevention  of,  Act  1577. 

Officers,    deputies    and   assistants   and   salaries,   fees   and   allowances    of,   Act  337, 

§  189. 
Officers  in,   duties  and   salaries  of.   Act  3432. 
Population   of,    Act  837,  §  10. 
Pounds  in,   establishing,   Act  3433. 
Records    of    San    Francisco    and    San    Mateo    counties,    supervisors    authorized    to 

transcribe,  Act  3437. 
Road  overseer,   compensaiion   of,   Acts  3434,   3435. 

Supervisors  authorized  to  empower  treasurer  to  appoint  deputy.  Act  3438. 
Squirrels,  destruction  of,  Act  187. 
Squirrels  in,  extermination  of,  Act  3436. 
Stallions  prevented  from  running  at  large  in.  Act  1063. 


1706  INDEX. 

SAN  MATEO  COUNTY.      (Continued.) 

Swamp  land  fund,   transfer  of   to  general  fund,   Act  3439. 

Tide  lands  declared  public  grounds  and  granted  to  public,   Acts  3440,   4027. 

Treasurer,  deputy  of,  supervisors  may  empower  appointment  of.   Act  3438. 

SAN  PEDRO. 

Pilots,  appointment  of  at,  and  duties  and  compensation  of,  Act  2672. 

SAN  QXTENTIN.      See  State  Prisons. 

SAN  RAPAEL. 

Incorporation  of,  Act  3445. 

SAN  RAFAEL  CREEK. 

Navigability  of,  Act  2069. 

SANTA  ANA  RIVER. 

Supervisors  authorized  to  build  bridge  across,  Act  2013. 

SANTA  BARBARA  CITY. 

Charter  of.  Act  3449. 

Common  council,  additional  powers  of.  Act  3451. 

Conveyances  to  Santa  Barbara  Cemetery  Association  confirmed,  Act  3455. 

Grants  by  ayuntamiento   legalized,  Act  3453. 

Grants  of  town   lands  legalized,  Act  3454. 

Incorporation   of,   Act  3450. 

Ordinances  47  and  48,  relating  to  certain  blocks  and  plazas  ratified.  Act  3456. 

State  normal   school,   establishment   of  in.   Act  3586. 

Streets   in,    laying   out,    opening   and   improving.    Act  3457. 

Trustees  of,  proceedings  of  legalized,  Act  3452. 

SANTA  BARBARA  COUNTY. 

Animals,    trespassing,   in.   Acts  1071,   3462. 

County  clerk  of.  Act  3464. 

Classification  and  population   of.   Act  837,  §§  10,   157. 

Deed,  acknowledged  and  recorded  by  C.  C.  Cook  validated.  Act  3463. 

Fences  in,   Acts  1134,   1135. 

Fences,  division,   in.  Act  1138. 

Growing  timber  on  private  grounds,   destruction  of  prevented.  Act  1577. 

Hides  of  slaughtered   cattle,   keeping  of.   Act  182. 

Hunting  on  private  inclosed  grounds  in,  prevention  of.  Act  1577. 

Notaries,   additional,  for.  Act  2501. 

Officers,    deputies   and   assistants   and   salaries,    fees   and   allowances   of,   Act  837, 

§  174. 
Officers  of,  salaries  of.  Act  3465. 
Population   of.   Act  837,  §  10. 
Proceedings  of,  legalized,  Act  3469. 
Roads  in.  Act  3466. 
Road  districts,  special,  in.  Act  3467. 
Road  fund  in.  Act  3467. 
Squirrels  in,   extermination  of.  Act  3468. 
Trespassing  of   animals  in.  Acts  1071,    3462. 
Water  commissioners  for.  Act  4365. 
Waters,  overseer  to  regulate.  Act  4365. 


INDEX,  1707 

SANTA  CLABA  CITY. 

Corporate  authorities   authorized  to   take  and  hold  in   trust  for  inhabitants  lands 

granted  by  Congress,   Act  3474. 
Reincorporation   of,    Act  3473. 
Trustees  of  home  for  feeble  minded  children  authorized  to  quitclaim  certain  realty 

to   trustees  of,   Act  1114. 

SANTA  CLAEA  COUNTY. 

Alameda  road,   construction   and  protection  of,   Act  3479, 
Arroyo  del   Medo  declared  navigable.   Act  240. 

Artesian   wells,   regulation   of   and  prevention   of  waste.   Act  3480. 
Assessor  made  collector  of  poll  taxes,   Act  3481. 
Auditor,  seal  of  office.   Act  3482. 

Auditor,  supervisors  authorized  to  pay  certain  moneys  to,  Act  3483. 
Classification  and  population  of.  Act  837,  §§  10,  157. 
Coroner  of,  Act  3484. 
County  clerk,  fees  of.  Act  3485. 

Countj'  clerk,  supervisors   authorized   to   pay  certain   moneys   to,   Act  3483, 
Fees  of  county  clerk.  Act  3485. 
Fees  of  officers  of,   Acts  3488,   3489. 
Fees  of  recorder  of,  Act  3490. 

Firemen,  exemption  of  from  poll  taxes,  Act  3486. 
Hides  of  slaughtered  cattle,  keeping  of,  Act  182. 
Highways  in,  Act  3495. 
Matron   for  county  jail.   Act  837,  §214^. 
Notaries,  additional,  for.  Act  2501. 

Officers,   deputies   and  assistants  of   and  salaries  of.    Act  837,  §  161. 
Officers  of,  and  salaries,   fees  and  allowances  of.  Act  837,  §  161. 
Officers  of,  fees  and  salaries  of,  Acts  3488,  3489. 
Poll  taxes,  assessor  made  collector  of.  Act  3481. 
Poll  taxes,  exemption  of  firemen  from,  Act  3486. 
Population  of,   Act  837,  §  10. 
Recorder  of,  fees  of.   Act  3490. 
Records,   complete,   keeping  of.   Act  3494. 
Records   of   legalized.   Act  3491. 
Records  of,  transcribing.  Act  3493. 

Records,   Spanish,   translation  of  into  English,  Act  3492. 
Roads  in.   Act  3495. 
Roads,  public,  protection  of,  Act  3496. 

Santa   Clara   Avenue,    opening   and   improving   of,    Acts  3497,    S498. 
Saratoga  Avenue,  opening  of,  Act  3497. 
Squirrels,  destruction  of,  Act  187. 

Stallions  prevented  from  running  at  large  in.   Act  1063. 
Streams,  unnavigable,  supervisors  given  powers  over,  Act  3499. 
Superior  judges,   increasing  number  of.   Act  3487. 

Supervisors   authorized  to   pay  certain  moneys  to   county  clerk   and  auditor.   Act 
3843. 

SANTA  CRUZ  CITY. 

Incorporation  of.  Act  3505. 
Reincorporation,  Act  3504. 
Water-pipes  in,  Davis   &  Cowell  authorized  to  lay,   Act  3506. 

SANTA  CRUZ   COUNTY. 

Animals  of  another,   wounding  in,  punishment  of,   Act  1593. 


1708  INDEX. 

SANTA  CRUZ  COUNTY,      (Continued.) 
Animals,  wild,   destruction  of,   in,   Act  188. 

Assessor,  providing  sufficient  number  of  deputies  for,  Act  3511, 
Brauciforte,    settlement    of    land    titles    in.    Act  408. 
Classification  and  population,  Act  837,  §§  10,  157. 
District   attorney  of.   Act  3512. 
Fees  of  officers  of,  Act  3513. 
Fees  of  sheriff,  Act  3517. 
Fees  of  surveyor.  Act  3520. 

Fences  in,  tearing  down  of,  prevention  of,  Act  1593. 
Fires,  leaving  of,  punishment  of.  Act  1593. 
Gophers,  destruction  of,  Act  188. 

Hunting  on  inclosed  lands  in,  prevention  of,  Act  1593. 
Inclosures,  passing  through   and  leaving  open,   Act  1593. 
Jurors   in  justice's   court.   Act  3514. 
Officers,    deputies   and   assistants   and   salaries,   fees   and   allowances   of.   Act 

§  170. 
Officers  of,  fees  and  salaries.  Act  3513. 
Population  of.  Act  837,  §  10. 
Roads,  public  and  private  in,  Act  3515. 
Road  purposes,   condemnation  of  lands  for.   Act  3516. 
Santa  Cruz  railroad  company,  change  of  line  of,  Act  3519. 
Sheriff,   fees  of,  Act  3517. 
Squirrels,    destruction   of.   Acts  187,   188. 
Stallions  prevented  from  running  at  large  in,  Act  1063. 
Supervisors,  duties  and  salaries  of.  Act  3518. 
Surveyor,  fees  and  compensation  of.  Act  3520. 
Witnesses  in  courts  of  record,  Act  3514. 

SANTA  MONICA. 

Seagulls,  protect/ion  of,  Acts  1315,  3525. 

SANTA  RITA. 

New  Republic,  name  of  changed  to  Santa  Rita,  Act  2479. 

SANTA  ROSA. 

Altering  and  defining  limits  of.  Act  3532. 

Board  of  education,  powers  and  duties  of,  Act  3533. 

Charter   of.   Act  3529. 

Municipal  election  contests.  Act  3530n. 

Reincorporation,   Acts  3530,   3531. 

SATISFACTION.     See  Accord  and  Satisfaction, 

SAUCELITO  CREEK. 

Navigability  of.   Act  2069. 

SAVINGS  BANKS.      See  Banks  and  Banking. 

SAWMILLS. 

Lunch  hour  for  laborers  in  mills  and  logging  camps.  Act  2189. 

SCHOOL  OF  INDUSTRY.      See  Preston  School  of  Industry. 

SCHOOL  LANDS.      See  Public  Lands. 

SCHOOL  OF  BEFOEM.     See  Whittier  State  School, 


I 


I 


INDEX.  1709 

SCHOOLS.  See  California  Polytechnic  School;  Colleges;  Hastings  College  of  the 
Law;    University  of  California. 

Annuity  and  retirement  fund  for  teachers,  Act  3570. 

Annuity  and  retirement  fund,  withdrawal  of  contributor,  Act  3571. 

Assumption  of  control  by  trustees.  Act  4164. 

Attendance,  compulsory.   Act  3574. 

Attendance,  compulsory,  parental  schools,  Act  3574,  §§6    et  seq. 

Attendance  officers,  Act  3574,  §  §  4  et  seq. 

Bird  and  arbor  day,  establishment  of.  Act  348. 

Board  of  education,  organization   of,   Act  2348,  §  247. 

Board  of  education,  salaries  and  expenses  of  members  of  in  various  counties.  See 
particular  county. 

Bonds,  issuance  of,  by  school  districts  partly  within  cities  of  fifth  class,  Acts 
3567,   3582. 

Bonds,  issued  by,   registration   of,  Act  3536. 

Bonds,  issued  by  school  districts,  validation  of,  Acts  3583,  3584. 

Building  fund,   disposal   of   surplus   funds,    Act  3572. 

California  Polytechnic  School.      See  California  Polytechnic  School. 

Certificates  and  diplomas,   continuing  in  force.  Act  3577. 

Certificate,  temporary,  in  year  1880,  Act  3578. 

City,  conveyance  by  for  educational  purposes,  ratification  of,  Act  2382, 

Common  schools,  bonds  of,  registration  of.  Act  3536. 

Compulsory  attendance,  provision  for,  Act  3574. 

Compulsory  education  of    children,  Acts  3573,  3574. 

Compulsory  school   law,   Acts  3573,    3574. 

Compulsory  vaccination  of  children.  Act  2840. 

Contra  Oosta  County,  distribution  of  school  moneys  in.  Acts  725,   3542. 

Courthouse  school  district,  Sonoma  County,  re-establishment.  Act  3547. 

Deaf,  dumb  and  blind  child,  compulsory  attendance  and  duty  of  parents.  Act  3574, 
§  10. 

Diplomas  and  certificates,  continuing  in  force,  Act  3577. 

Distribution  of  school  moneys  in  Fresno,  Contra  Costa,  Shasta  and  Lassen  coun- 
ties, Act  3542. 

Districts,  bonds  by  districts  partly  within  cities  of  fifth  class.  Act  3567. 

Districts,  change  of  names  of.  Act  3568. 

Districts,  confirming  organization  of,  Act  3537. 

Districts,    courthouse   district,    Sonoma   County  re-established,   Act  3547. 

Districts,  funds,  preservation  of  after  change  in  constitution.  Act  3579. 

Districts,  Kings  River  Switch  school  district,  Fresno  County,  portion  of  attached 
to  Kingsbury  school  district.  Act  3548. 

Districts,  levy  and  collection  of  taxes  by  school  districts  except  in  first  class 
cities.  Act  3565. 

Districts,  Millville  district,  Shasta  County,  census  of.  Act  3544. 

Districts,  portion  of  Sutter  Island  set  off  from  Onisbo  school  district  to  Slough 
school   district.  Act  3545. 

Districts,  Putah  school  district  and  Yolo  school  district,  union  of,  Act  3538. 

Districts,  Rattlesnake  and  Wild  Goose  districts  in  El  Dorado  County  consoli- 
dated. Act  3543. 

Districts,  Scotts  Valley  district,  Siskiyou  County,  trustees  authorized  to  borrow 
money,  Act  3546. 

Districts,  Woods  Island  in  Sacramento  County  annexed  to  Rio  Vista  school  dis- 
trict  in   Solano   County,   Act  3540. 

Educational  rights  of  children,  aiding  enforcement  of.  Act  3574a. 

El  Dorado   County,  Wild  Goose  and  Rattlesnake  districts  consolidated.   Act  3543. 

Bnforcement  oi  educational  rights  of  children,  Acts  3573,   3374. 


1710  INDEX. 

SCHOOLS.      (Continued.) 

Enforcement  of  educational  rights  of  children,   aiding  of,   Act  1611a. 

Enforcement  of  educational  rights  of  children,  duty  of  labor  commissioner,  Ast 
1611a. 

Fresno  County,  distribution  of  school  moneys  in.  Act  3542. 

Fresno  County,  Kings  River  Switch  school  district,  portion  of  attached  to  Kings- 
bury school  district,  Act  3548. 

Funds,  apportionment   of   in    Siskiyou,    Modoc   and    Sonoma   Counties,   Act  3539. 

Funds,  building,   disposal  of  surplus  funds,   Act  3572. 

Funds  of   school  districts,   preservation   of   after   change   in   constitution,    Act  3579, 

Gifts   and  donation   to,   encouragement  and  protection   of.    Acts  4162,    4163. 

Grass  Valley  school  district,  board  of  education.  Act  3541. 

Health   and  development     supervision   in.   Act  3585. 

High,  apportionment  of  fund  in  event  of  calamity.   Act  3553a,  §  5, 

High,  boards,  meeting  place  of  within  cities,  Act  3552. 

High,  bonds  of,  registration  of.  Act  3536. 

High,  county,  establishment  of.  Act  3551, 

High,  county,    support  of.   Act  3551. 

High,  establishment  of,   Act  3549. 

High,  fund,  creation  of.  Act  3553. 

High,  fund  for,  and  distribution  of.  Acts,  3553,  and  note. 

High,  funds,  distribution  and  apportionment.  Act  3553a. 

High,  funds,  duty  of  controller.  Act  3553a,  §  10. 

High,  funds,  duty  of  treasurer.  Act  3553a,  §  11. 

High,  in  cities,  legalizing  establishment  of.  Act  3550. 

High,  in  cities,  maintenance  and  support  of.  Act  3550. 

High,  joint  union  districts,  reports   of  principals.   Act  3553a,  §6. 

High,  joint  union  districts,  report  of   superintendent.   Act  35j3a,  §  7. 

High,  joint  union  districts,  requisitions  against  funds,   Act  3553a,  §  8, 

High,  joint  union  districts,   validation  of  bonds  of,  Acts  3583,  3584. 

High,  report  of  principal.   Act  3553a,  §  6. 

High,  report  of  superintendent,  Act  3553a,  §  7. 

High,  requisition  against  funds.   Act  3553a,  §  8. 

High  school  districts,  name  of,   change  of,  manner  of.   Act  35S0. 

High  school  districts,  name  of,  change  of,  provided  for.  Act  3580. 

High,  union  districts,  validation  of  bonds  of,  Act  3584. 

High,  validation  of  bonds   of.  Act  3584. 

Holidays,   bird  and  arbor  day,   establishment  of.  Act  348. 

Incorporation  of  institutions  of  learning,  science  and  art.  Act  633. 

Interest  on  state  bonds  held  in  trust  for  university  and  school  funds,  payment  of, 
Act  374. 

Kings  River  Switch  school  district,  portion  of  attached  to  Kingsbury  school  dis- 
trict, Fresno  County,  Act  3548. 

Lassen  County,  distribution  of  school  moneys  in,  Act  3542. 

Military  academy.      See  Military  Academy. 

Millville  school  district,  Shasta  County,  census  of,  Act  3544. 

Modoc  County,   apportionment  of  school  moneys  in.   Act  3539. 

Name  of  school   district,   changing.  Act  3568. 

Normal,  Los  Angeles  County,  establishment  of  branch  at,  Act  3554. 

Normal,  Los  Angeles,  dedication  of  certain  lands  of  for  street,  Act   1989, 

Normal,  Los  Angeles,  trustees  authorized  to  lease  buildings  and  grounds  pending 
completion  of  building.  Act  3554a. 

Normal,  Los  Angeles,  trustees  authorized  to  sell  site  and  buildings  and  purchase 
new  site  and  equip  new  b'aildings.  Act  3554a. 

Kormsl,  northern  California,  establishment  of  branch  in,  Act  3555. 


INDEX.  1711 

SCHOOLS.      (Continued.) 

Normal,  San  Diego  County,  establishment  of  in,  Act  S556. 

Normal,  San   Francisco,    erection,    equipment   and   furnishing  of   building   and   im- 
provement of  grounds,  Act   3535. 
Normal,  San   Francisco,   establishment   of   in,   Act   3557. 
Normal,  San  Francisco,  purchase  of  a  site,  Act   3535. 
Normal,  San  Francisco,  transfer  of  moneys  from  salary  fund  to  printing  fund,  Act 

1288. 
Normal,  San  Jose,  repairs  to,  appropriation  for.  Act  3534. 
Normal,  San  Jose,   trustees  authorized  to  reconvey  tract  to   city   for  library.   Act 

3558. 
Normal,  Santa  Barbara,  establishment  of  in,   Act  3586. 
Offices,  educational,  women  eligible  to,  Acts  2542,  3576. 
Onisbo    school    district,    portion   of    Sutter   Island   set   oflE    from   to    Slough   school 

district.   Act   3545. 
Organization  of  school  districts,  confirmed.  Act  3537. 
Parental  schools.  Act   3574,  §§  6  et  seq. 
Parental  schools,  joint,   establishing.   Act  3574,  §  8. 
Pensions,  teacher's  annuity  and  retirement  fiuid.   Acts   3570,  3571. 
Preston  school  of  industry.      See  Preston  School  of  Industry. 
Pupils,  attendance  officers,  Act  3574,  §§  4  et  seq. 
Pupils,  compulsory  attendance,   Act   3574. 

Pupils,  health  and  development,  supervision  of,  provision  for,  Act   3585. 
Pupils,  truants,  Act   3574. 

Pupils,  truants,  parental  school.  Act  3574,  §§6  et  seq. 
Putah  school  district  and  Yolo  school  district,  union  of.  Act   3538. 
Rattlesnake    school    district   and   Wild   Goose    school   district,    El    Dorado    County, 

consolidated.  Act  3543. 
Relinquishment  of  rights  in  by  founder  or  wife.  Act  4164. 
Sacramento  County,  portion  of  Sutter  Island  in  Onisbo  district,  set  off  to  Slough 

school  district,  Act   3545. 
School  districts,  protection  of  after  change  in  constitution.  Act  3579. 
Scott's    Valley    school    district,    Siskiyou    County,    trustees    authorized    to    borrow 

money.  Act  3546. 
Shasta  County,  distribution  of  school  moneys  in.  Act  3542. 
Siskiyou  County,  apportionment  of  school  moneys  in.  Act   3539. 
Siskiyou  County,    Scott's    Valley    school    district,    trustees    authorized    to    borrow 

money.   Act   3546. 
Siskiyou,  Modoc    and    Sonoma    counties,    apportioning    of    school    moneys    in,    Act 

3539. 
Sonoma  County,  apportionment  of  school  moneys  in.  Act  3539. 
Sonoma  County,  Courthouse  school  district  reestablished,  Act  3547. 
State  text-books,  additional,  compilation  of.  Act  3594. 
State  text-books,  care  and  security  of,  provision  for.  Act  3561. 
State  text-books,  civil   government,    compiling,   printing   and   distributing  book   on, 

Act  3562. 
State  text-books,  compiling,  printing,  binding,  distributing,  etc.,  Acts  3561,  3563. 
State  text-books,  continued  publication   of,    Act   3564. 

State  text-books,  erection  of  warehouse  for  storage  and  preservation.  Act  3560. 
State  text-books,  preventing  change  in,  Act  3559. 
State  text-books,  revision  of,  Act  3564. 

State  text-books,  storekeeper  for  care  and  custody  of.  Act  3560. 
Superintendent,  bond  of.  Act  837,  §  66. 

Superintendent,  clerk  for,  appointment  and  salary.  Act   3569. 
Superintendent,     deputies    and    assistants    in    various    counties.      See    particular 

county. 


1712  INDEX. 

SCHOOLS.      (Continued.) 

Superintendent,  duties  of,  Act  837,  §  150. 

Superintendent  is   a  county  officer,   Act   837,  5  55. 

Superintendent  is  trustee  of  California  polytechnic  school,  Act   504,  §  2. 

Superintendent,  salaries  and  expenses  in  various  counties.      See  Counties. 

Superintendent,  women  eligible  to  office   of,   Act  837,  §  54. 

Sutter  Island,   Sacramento  County,  setting  oflf  portion  of  for  school  purposes.  Act 

3545. 
Taxes,  levy  and  collection  by  school  districts  except  in  first  class  cities,  Act  3565. 
Teachers'  annuity  and  retirement   fund.  Act   3570. 

Teachers'  annuity  and  retirement  fund,  withdrawal  of  contributor,  Act   8571. 
Teachers,  certificates   and  diplomas,   continuing  in  force.   Act   3577. 
Teachers,  certificates,   temporary  in  certain  year,  Act   3578. 
Teachers,  female,   discrimination  against,   prevention  of,   Act  3575. 
Trades  and  training  school.      See  California  State  Trades  and  Training  School. 
Truants,  Act   3574. 

Truants,  parental   schools.   Act   3574,  §§  6  et   seq. 
Trustees,  women  eligible  to  office  of.  Act   837,  §  54. 
Trusts  for  benefit  of,  creation  of.  Acts  4162,  4163. 
Trusts  for  benefit  of,  determination  of  validity  authorized,  Act  4165. 
Union  high  school  districts,  bonds  of,  registration  of.  Act   3536. 
Union  high  school  districts,  name  of,   change  of,  authorized.  Act   3580. 
Union  high  school  districts,  name  of,  change  of,  manner  of,  Act  3580. 
Vaccination  of  children,  Act  2840. 

Women  eligible  to  educational  offices.  Acts  837,  §  54;  2542,  3576. 
Woods  Island,   Sacramento   County,   annexed  to   Rio  Vista   school   district,    Solano 

County,  Act   3540. 
Yolo  school  district  and  Putah  school  district,  union  of,  Act  3538. 

Cities  of  first  class  organized  under  municipal  corporation  bill. 
Bids  and  contracts,  how  made  and  awarded.  Act  2348,  §  253. 
Board  of  education,  election   of   and   term  of.   Act   2348,  §  247. 
Board  of  education,  meetings.  Act  2348,  §  247. 

Board  of  education,  member  not  to  disburse  school  moneys,  Act  2348,  §  272. 
Board  of  education,  members  not  to  receive  gifts  or  gratuity,  Act  2348,  §  272. 
Board  of  education,  number  of,  Act  2348,  §  247. 
Board  of  education,  powers  enumerated,  Act  2348,  §  249. 
Board  of  education,  qualifications  of  members,  Act  2348,  §  247. 
Board  of  education,  quorum.  Act   2348,  §  247. 
Board  of  education,  records,  public.    Act  2348,  §  247. 
Board  of  education,  rules.    Act   2348,  §  247. 

Board  of  education,  vacancies,  filling  and  term  of  appointee.  Act  2348,  §  261. 
Claims  and  demands.  Act   2348,  §§  265-269. 
Contracts,  limitation  on  power  of,  Act  2348,  §  269. 
Contracts,  officers  not  to  be  interested  in.   Act   2348,  §  254. 
Demands,  allowance  and  approval  of.   Act   2348,  §  94. 
Demands,  remedy  on  rejection  of,  Act   2348,  §§  99,  100. 
Estimate  of  expenses.  Act  2348,    §  270. 
■    Evening  schools,  Act  2348,  §  256. 

Expenses,   limit  upon,   Act   2348,  §  270. 

Funds,  Act  2348,  §  90,  subd.  4,   §§  263,  264,  267. 

Oaths,  what  officers  may  administer,  Act  2348,  §  250. 

Records,  Act  2348,  §  256. 

Regulations,  Act   2348,  §  256. 

Reports,  annual,  Act  2348,  §  255. 


INDEX.  3713 

SCHOOLS.      (Continued.) 

Reports,  quarterly  of  directors,  Act  2348,  §  251. 

Rules,  Act  2348,  §  256. 

Sectarian  schools  not  to  receive  school  money,  Act  2348,  5  271. 

Superintendent,  clerk  of,  appointment  and  salary,   Act  234S,   §  258. 

Superintendent  of  schools  in,  Act  2348,  §  26,  subd.  14. 

Superintendent,  provisions   relating    to.    Act   2348,  §§  248,  257-260,  262. 

Superintendent,  salary  of.   Act   2348,  §  26,  subd.  14. 

Superintendent,  vacancy,   filling  and  term  of  appointee,   Act  2348,  §  263. 

Supplies,  how  furnished.  Act   2348,  §  252. 

Taxes,  audited  bills  receivable  for,  Act  2348,  §  268. 

Tax,  levy  and  limit  upon,   Act  2348,  §  270. 

Cities  of  second  class  organized  under  municipal  corporation  bill. 
Board  of  education,  directors,  election  and  term  of  office,  Act  2348,  §  410. 
Board  of  education,  government  of  schools  vested  in.   Act   2348,  §  410. 
Board  of  education,  meetings.  Act  2348,   §  411. 
Board  of  education,  number  of  members.  Act  2348,  §  410. 
Board  of  education,  organization.   Act  2348,  §  411. 
Board  of  education,  powers  of  enumerated.  Act  2348,  §412. 
Board  of  education,  quorum,  Act   2348,  §  411. 
Board  of  education,  rules.  Act  2348,  §  411. 
Board  of  education,  secretary  of.   Act  2348,5  417. 
Board  of  education,  vacancies,  filling  of,  Act  2348,  §  411. 
Boards  of  examination,  powers   of,    Act   2348,  §  416. 
Claims,  procedure   on.   Act   2348,  §  423. 

Contracts  in  which  officers  interested,  effect  of,  Act  2348,  §  415. 
Contracts,  letting  of.  Act  2348,  §  414. 

Contracts,  officers  not  to  be  interested  in.   Act  2348,  §  415. 
Debts  not  to  be  in  excess  of  income,  Act  2348,  §  424. 
Demands,  payment  of.  Act  2348,  §  424. 

Demands,  president  of  board  may  administer  oaths.  Act  2348,  §  413. 
Examinations  for  certificates,  Act   2348,  §  416. 
Funds,  certifying  amount  of  by  county  auditor,  Act  2348,  §  425. 
Funds,  how  expended.   Act   2348,  §  421. 
Funds,  moneys    received   from    state    used   for   primary    and   grammar    school,    Act 

2348,  §  426. 
Funds,  of  what  consists.  Act  2348,  §  421. 

Funds,  payment  by  county  treasurer  to  city  treasurer.  Act  2343,  §  426. 
Superintendent,   assistant,   appointment   and  salary  of,   Act   2348,    §  307. 
Superintendent,  duties   of.   Act  2348,  §§  419,  425. 
Superintendent  is    secretary   and   bookkeeper    of   board   of   education,    Act  2348,  § 

417. 
Superintendent,  report  of,  Act  2348,  §  418. 
Superintendent,  right  to  suspend  teacher.  Act  2348,   §  417. 
Superintendent,  vacancy,  filling  of  and  term  of  appointee.  Act  2348,  §  420. 
Teachers  to  have  certificates,  Act  2348,  §  416. 

Cities  of  third  class  organized  under  municipal  corporation  bill. 
Board  of  education,  actions  by  and  against.  Act  2348,  §  574. 
Board  of  education,  election  of  directors.  Act  2348,  §  508. 
Board  of  education,  governed  by.  Act  2348,  §  570. 
Board  of  education,  meetings.    Act   2348,  §  572. 

Board  of  education,  members  act  without  compensation.   Act   2348,  §  506. 
Board  of  education,  powers  of,  enumerated,  Act  2348,  §§  573,  574. 
Gen.  Laws — 108 


1714  INDEX. 

SCHOOLS.      (Continued.) 

Board  of  education,  president,  powers  of,  Act  2348,  §§  576,  577. 

Board  of  education,  quorum,  Act  2348,  §  572. 

Board  of  education,  records,  Act  2348,  §  572. 

Board  of  education,  residence  of  directors,   Act   2348,  §  508. 

Board  of  education,  term  of  office.  Act  2348,  §  502. 

Board  of  education,  vacancy,  filling  and  term  of  appointee.   Act   2348,  §  571. 

Board  of  education,  witnesses   before.    Act   2348,  §  577. 

Claims  and  warrants.  Act  2348,  §  578. 

County  treasurer  to  pay  moneys  to  city  treasurers.  Act  2348,  §  575.  ^ 

Funds,  apportionment  to  schools.  Act  2348,   §§  425,   420. 

Funds  to  be  expended  for  school  purposes  only.  Act   2348,  §  534. 

Revenue  from   state  applied   to   primary   and   grammar   schools,   Act   2348,  §  578. 

Separate  school  district,   constitute.  Act   2348,  §  570. 

Superintendent,  eligibility  to  office.   Act   2848,  §  508. 

Superintendent,  salary   of.    Act  2348,  §  506. 

Teachers,  eligibility  of,  Act  2348,  §  508. 

Trustees,  eligibility  of.  Act  2348,   §  508. 

Cities  of  fourth  class  incorporated  under  municipal  corporation  bill. 
Advertisements  for  and  contracts  and  bids  for  supplies.  Act  2348,  §  712. 
Board  of  education,  consists    of   whom.    Act   2348,  §  710. 
Board  of  education,  election  of.  Act   2348,  §  710. 

Board  of  education,  members   act  without   compensation.   Act   2348,  §  608. 
Board  of  education,  powers  of  enumerated.  Act   2348,  §§  713,  715. 
Board  of  education,  to  visit  schools,   Act  2348,  §  716. 
Claims  and  demands.  Act  2348,  §§  718,  719. 

Examinations  of  applicants  for  teachers'  certificates.  Act  2348,  §  715. 
Funds,  Act   2348,  §  717. 

Rules  and  regulations  governing.  Act  2348,  §  716. 
Superintendent,  election  and  term  of  office.  Act   2348,  §  602. 
Superintendent,  powers,   duties  and  salary  of.   Act  2348,  §  711. 
Teachers  and  certificates.   Act  2348,  §§  714,715,  716. 
Trustees  act  without  compensation.  Act   2348,  §  608. 
Trustees,  election  and  term  of  office.  Act  2348,  §  602. 
Wards,  power  of  supervisors  to  change,  Act  2348,  §  611. 

Cities  of  fifth  class  incorporated  under  municipal  corporation  bill. 
Board  of  education,  actions  by  and  against.  Act  2348,  §  799. 
Board  of  education,  compensation,   act  without.   Act   2348,  §  797. 
Board  of  education,  election  and  term  of  office.  Act  2348,  §  752. 
Board  of  education,  governed  by,  Act   2348,  §  795. 
Board  of  education,  meetings.  Act   2348,  §  797. 
Board  of  education,  powers  of  enumerated.   Act   2348,  §  798. 
Board  of  education,  president,  election  and  powers  of,  Act  2348,  §§  801,  802. 
Board  of  education,  quorum.   Act   2348,  §  797. 
Board  of  education,  records  of,  Act  2348,  §  797. 

Board  of  education,  vacancy,  filling  of  and  term  of  appointee.  Act  2348,  §  796. 
Board  of  education,  witnesses  before.  Act  2348,  §  802. 
Bonds,  authorized  to  issue  for  lots  and  buildings,  Act   3566. 
Bonds  by  districts  partly  within.  Act   3567. 

Bonds,  issuance  of  by  districts  in  for  school  purposes.  Act   3567. 
Bonds,  issuance   of  by  districts  partly  within   cities  of  fifth   class,   regulation   of, 

Acts  3567,  3582. 
Bonds,  issuance  of  by,  regulation  of.  Act  3582. 


1 


I 


INDEX,  1715 

SCHOOLS.      (Continued.) 

Claims,  demands  and  warrants,  Act  2348,  §§  801,  803. 

Form  separate    district,    Act   2348,  §  795. 

Funds  from  state  or  county  applied  to  primary  and  grammar  schools.  Act  2348,  § 

805. 
Inclusion  of  outside  territory,  Act  2348,  §  795. 

Secretary,  appointment,  duties  and  compensation  of,   Act  2348,  §§  797,  804. 
Treasurer  of  city,  moneys  to  be  paid  to,  Act  2348,  §  800. 

SCOTT'S  VALLEY  SCHOOL  DISTRICT. 

In  Siskiyou  County,  trustees,  authorized  to  borrow  money,  Act  3546. 

SEAGULLS. 

At  Santa  Monica,  protection  of,  Acts   1315,  3525. 

Killing  of  within  five  miles  of,  prohibited,  Acts  1315,  3525, 

SEALS. 

Supervisors,    of.    Act  837,  §  25,  subd.  24. 

Validation  of  writs,  process  and  certificates  issued  before  courts  have  seals,   Act 
2791. 

SEAMEN.      See  Shipping. 

SEBASTOPOL. 

Incorporated  under  municipal  corporation  bill,  Act  3587. 

SECRETARIES. 

United  States  secretary,  assault  upon,  punishment  of.  Act  693. 

United  States  secretary,  conspiracy  to  commit  any  crime  against,  punishment  of. 
Act   698. 

SECRETARY  OF  STATE. 

Janitor's  clerk,  appointment  and  salary  of,  Act  3587. 
Keeper  of  archives,  salary  of.  Acts   1779,3588. 
Keeper  of  archives,  to  appoint.  Act   1779. 
License  tax  upon  corporations,  duty  in  relation  to.  Act   757. 

Revocation    of   license   of   foreign   corporation   violating   anti-trust   law,    Act  41G6, 
§  3. 

SEDUCTION. 

Punishment   of.   Act   3590. 

SENATE. 

Senatorial  districts.   Acts  1905,  1909. 

State,  election   of   senators.    Acts    1906,  1908,  1909. 

United  States,  expressing  choice  for  senator  at  primary  elections,  Act   1013. 

SENATORS. 

United  States.      See  United  States  Senators. 

SENTENCE.      See  Preston  School  of  Industry;  Whittier  State  School. 
Commitment  to  house  of  correction.  Act    1540. 
Parole   commissioners,   creation  of  board  for  parole  and  government  of  prisoners. 

Act  3866.      See  Parole  Commissioners. 
State  prisons.      See  State  Prisons. 

SEPARATE   PROPERTY. 

Married  women,  of,  protection  of,  Act  2111. 


SERA,  JUNIPERO. 

Landing  place  of,  at  Monterey,  gift  of  to  state,   Act  2298. 

SERVANTS.     See  Master  and  Servant. 

SERVICE. 

Constable,   service  by  outside  of  township,   effect  of,  Act  837,  §  153. 

Elisor,    service   of  process   by.    Act  837,  §  105. 

How  made  where  sheriff  a  party.  Act   837,  §  104. 

Mileage  for  service  of  papers  or  process  issued  outside  of  county.   Act   837,  S  215. 

Papers  other  than  process,  how  served.   Act   837,  §  103. 

Unexecuted  at  expiration  of  term  of  service,  how  served,  Act   837,  §  103. 

SETTLERS. 

On  public  lands.      See  Public  Lands. 

SEWERS. 

Appointment  of  person  to  supervise  construction  and  compensation  of,  Act  3930, 
§  35. 

Cities  authorized  to  construct  and  maintain  for  joint  benefit  and  at  joint  expense, 
Act  2389. 

Cities  authorized  to  incur  debt  to  construct  sewers,  Act  2361 

Cities  authorized  to  permit  other  cities  to  construct  and  maintain  sewers  in,  Act 
2389. 

Cities  of  third  class,  sewers  in,  provisions  relating  to.  Act  2348,  §§  531,  532. 

Cities  of  fifth  class,  sewers  in,  provision  relating  to.  Act  2348, ,§  772,  777. 

Cities  of  sixth  class,  construction,  improvement  and  repair  of,  Act  2348,  §§  869, 
870. 

Cleaning  of,  Act  3930,  §  25. 

Construction  of.  Acts   3926,  3930. 

Construction  of  by  sanitary  districts.  Act  3349. 

Construction  of  in  cities.  Act   3930. 

Construction  of,  proceedings.  Act  3930,   §§24,  27-33. 

Construction  of  under  local  improvement  act  of  1901,  Act  3929. 

Districts  adjacent  to  cities,  establishment  and  maintenance  of,   Acts  2343,  3596. 

Extension  and  completion  of  main  intercepting  sewers,  power  given  supervisors. 
Act   3595. 

Incurring  indebtedness  for  by  cities.  Acts  2361,  2900. 

Joint,  construction  and  maintenance  of  by  cities.  Act  2389. 

Pollution  of  waters  by.  Act  2830,  §  3. 

Rivers  or  streams,  sewers,  vaults,  privies,  etc.,  on,  declared  a  nuisance.  Act  4368. 

Sanitary  districts  for  construction  of.  Act   3349. 

Sewer  districts  in  municipalities,  bond  issues  for.  Act  3597. 

Sewer  districts  in  municipalities,  establishment  of  authorized.  Act  3597. 

Sewer  districts  in  municipalities,  special   sewer  tax,   Act  3597. 

Supervisors  authorized  to  complete.  Act   3960. 

Supervisors  in  cities  and  counties  over  100,000  authorized  to  complete  main  inter- 
cepting sewers,  Act  3311. 

SEXTONS. 

Deaths,  duties  relating  to.  Act  897. 

SHARP,  GEORGE  F. 

Ordinance  authorizing  conveyance  to  ratified.  Act  3269. 

SHASTA  COUNTY. 

Additional  superior  judge  provided  for.  Act  3599. 


INDEX.  1717 

SHASTA  COUNTY.      (Continued.) 

Animals  of  another,  woiinding  in,  punishment  of,  Act   1593. 

Boundary  line  between  Shasta  and  Lassen  counties  clinised  and  located,  Act  821. 

Boundary  line  between  Shasta  and  Plumas  counties,  Act  814. 

Classification  and  population  of.  Act  837,  §§  10,  157. 

County  clerk,  salary  of.  Act   3600. 

District  attorney,   fees  of   in.   Act  945. 

Fences  in,  Acts   1134,1135,1137. 

Fences  in,  tearing  down  of,  prevention  of,  Act  1593. 

Fires,  leaving  of,  punishment  of,  Act  1593. 

Funds,  supervisors  authorized  to  transfer  swamp  land  fund  to  general   fund,  Act 

3601. 
Highways  in,  Act  3604. 

Highway  laws  in,  special,  repealed.  Act  3605. 
Hunting  on  inclosed  lands  in,  prevention  of.  Act  1593. 
Inclosures,   passing  through  and  leaving  open.  Act  1593. 
Millville  school  district,  census  of,  Act   3544. 
Officers,  deputies  and  assistants  and  salaries,   fees  and  allowances  of,  Act  837,  § 

179. 
Population  of,   Act  837,  §  10. 

Records  in,  transcribing  of  authorized.  Act  3602. 
Road  laws,  special,  repealed,  Act  3605. 
Roads  in.  Act  3604. 

School  moneys  in,  distribution  of.  Act  3542. 
Schools,  employment  of  teachers  in.  Act   3606. 
Sheriff  of,  compensation  for  services  as  under  sheriff,  Act  3607. 
Stallions  prevented  from  running  at  large  in.  Act  1063. 
State  highway  connecting  road  system  of,  with  road  system  of  Humboldt  County, 

Act  1457c. 
Taggart,  Grant  I.,  authorized  to  certify  and  sign  certain  records,  Act   a603. 
Tehama  County,  transcribing  records  of  from  Colusa,   Shasta  and  Butte  counties, 

Act  4075. 
Tramroad  companies,  incorporation  of  in.  Act  4130. 

SHASTA.  TOWN  OF. 

Hogs  prevented  from  running  at  large  in.  Act   3612. 

SHEEP. 

Act  of  1907  relating  to.  Act  3622. 

Appointment  of  inspectors  by  state  veterinarian  to  inspect   dipping  of  sheep  in- 
fected with  scabies,  Act  180a. 
Board  of  sheep  commissioners.  Act   3622. 
Commissioner  appointed  on  petition,  Act   3621. 
Commissioner,  duties  and  powers,  Act   3621. 
Commissioner,  fees  and  compensation  of.  Act  3621. 
Disease  amongst,  prevention  and  eradication  of.  Act   3621. 
Dog  killing  or  worrying,  liability  of  owner.  Act  965,  §§  4,5. 
Dog,  killing  or  worrying,  right  to  kill.  Act  965,  §  5. 
Funds  for  inspection,  how  raised.  Act  3622. 
Herding  of ,  restriction  of.  Act  3618. 
Herding  of  in  particular  counties.      See  particular  title. 
Infectious  and  contagious  diseases,  prevention  of.  Act  3621. 
Inspection  of,  provision  for.  Act   3622. 
Inspectors,  appointment  of.  Act   3622. 
Inspector,  appointment   and   compensation.   Act   3620. 
Inspector,  creation  of  office  of,   Act  3620. 


1718  INDEX. 

SHEEP.      (Continued.) 

Inspector,  deputies,  appointment  and  compensation,  Act  3620. 

Inspector,  deputies,  powers  and  duties,  Act  3620. 

Inspector,  powers  and  duties.  Act   3620. 

Inspectors,  powers,    duties   and   compensation   of,    Act   3622. 

Lambs,   protection  of  from  dogs  and   other  animals,   Act   3619. 

Licenses   upon   raising,    grazing,    herding   and   pasturing,   powers   of   supervisors   as 

to,   restricted,   Act   3623. 
Particular  counties,  in.      See  particular  title. 
Penalties  for  violation   of   statute.   Act   3622. 

Powers  of  supervisors  to  impose  license  on  sheep  business  limited.  Act   1940. 
Protection  of  from  ravages  of  dogs  and  other  animals,   Acts   181,  837,  §  25,  subd. 

27;    3619. 
Scabies,  duty  of  state  veterinarian  as  to,  Act   3624. 
Scabies,   eradication  of.  Act  3624. 

Scabies,  expenses  of  extermination  a  lien  against  sheep,  Act   3624. 
Scabies,  lien  for  expenses  of  extermination,  enforcement  of,  Act  3624. 
Scabies,  misdemeanors,  certain  acts  made,  Act   3624. 
Scab,  suppression  and  prevention  of,  Act   3620. 
Scab,  violation  of  act  for  prevention  of,  punishment.   Act   3620. 
Sheep  commissioners,  supervisors  authorized  to  appoint,  Act   3616. 

SHELL-FISH. 

Reserve  for  shell-fish  and  invertebrate  animals,  creation  of  in  Monterey  Bay,  Act 
1340d. 

SHERIFFS. 

Badge  of  office,   supervisors  to  furnish  to  sheriff  and  deputies,   Act  3628. 

Bond  of.  Act   837,  §  66. 

Bonds  of.      See  Bonds. 

Cities  of  first  class,  deputies,    assistants   and   attorneys   and   salaries   of.    Act  2348, 

§  26,  subd.  2. 
Cities  of  first  class,  provisions   of   municipal   corporation  bill   regarding   apply   only 

to  consolidated  cities  and  counties.  Act  2348,  §  287. 
Compensation  for  carrying  insane  persons  or  prisoners.  Act   3627. 
Consolidation,  separation  and  reconsolidation  of  sheriff  and  tax  collector,  Act  837, 

§  55. 
Coroner,  when  discharges  duties  of.  Act  837,  §  147. 
County  officer,  is.  Act  837,  §  55. 

Deputies,  additional,  in  counties  where  judges  increased.  Act  837,  §  215. 
Deputies  and  assistants  in  various  counties.      See  particular  county. 
Deputies  not  to  practice  law  or  have  law  partner.  Act   837,  §  65. 
Duties,  generally  enumerated.  Act   837,  §  89. 
Duties,  required  by  law,  must  perform,  Act  837,  §  106. 
Duty  in  regard  to  attendance  upon  the  courts,  Act  837,  §  102. 
Elisor,   service  of  process  by,  Act   837,  §  105. 
Escape,  liability  of  sheriff  suffering.   Act  837,  §§  95,  97. 
Execution,  neglect  or  refusal  of  sheriff  to  levy  or  sell  property,  liability.  Act   837, 

§  93. 
Execution,  sale  under  unexecuted  at  expiration  of  term,  how  completed.  Act   873, 

§  103. 
Expenses  for  property  seized  on  attachment  or  execution  and  how  paid,  Act   837, 

§  215. 
Expenses  for  pursuing   criminals   or   transacting  business  out   of   county,   Act  837, 

§  215. 


INDEX.  1719 

SHERIFFS.      (Continued.) 

Insane  person,   compensation  and  allowances  of  sheriff  for  conveying,  Act  837,  9 

215. 
Instructions  to  sheriff  do  not  excuse  unless  written,  Act  837,  §  98. 
Justice's  court,  in.      See  Justice's  Court. 
Justification  of  under  process  or  orders.  Act  837,  §  100. 
Law,  not  to  practice  or  have  law  partner,  Act  837,  §  65. 

Mileage  for  service  of  papers  or  process  issued  outside  of  county.  Act   837,  §  215. 
Neglect  or  refusal  to  pay  over  money,  liability.  Act  837,  §  94. 
Notices  returnable  to  another  county,  how  returned.  Act   837,  §  90. 
Office  hours,  Act   837,  §  61. 
Outgoing,  Act   837,  §  103. 

Particular  counties,  sheriff  in.      See  particular  title;  see  also  Counties. 
Party,  service  of  process  where  sheriff  is.  Act  837,  §  104. 
Prisoners,  allowance  to  sheriff  for  boarding.  Act  837,  §  215. 
Prisoners,  sheriff,  compensation  and  allowances  for  carrying  to  state  prisons,   Act 

837,  §  215. 
Photographs  and  description  of  discharged  convicts,  giving  to  sheriffs.   Acts  738, 

739,  2767. 
Posse  comitatus,  supervisors  authorized  to  pay  expenses  of.  Act  3959. 
Prisoners,  allowance  for  boarding.  Act  837,  §  215. 

Process  and  orders,  how  served  when  sheriff  a  partner.  Act  837,  §  104. 
Process  returnable  to  another  county,  how  returned,  Act   837,  §  90. 
Process  to  be  shown  to  interested  parties  on  request.  Act   837,  §  101. 
Rescue  of  prisoner,  liability  of  sheriff  for.  Act   837,  §§  96,  97, 
Return,  failure  to  make,  liability.  Act  837,  §  92. 
Return,  prima  facie  evidence  of  facts  recited,   Act  837,  §  91. 
Salary  of  in  various  counties.      See  Counties 

Service  of  papers  other  than  process,  how  made.  Act   837,  §  103. 
Supervisors,  Act   837,  §§  27,  29. 

Vacancy  created  for  not  paying  over  money  when.  Act  837,  §  99, 
Wardens  to  furnish  descriptions  of  convicts  to.  Act  738. 
Wardens  to  furnish  information  concerning  convicts  to.  Act  739. 

SHERMAN  ISLAND. 

Roads  on,  protection  of,  Act  3633. 

SHIPPING.      See  Navigation;  Yacht  Clubs. 

Buoys  and  beacons,  protection  of.  Acts  432,  2445,  4354. 

Duties  of  masters  of  vessels  in  relation  to  passengers  arriving.  Act   1587. 

Masters  of  vessels,  duties  in  relation  to  passengers  arriving,  Act  1587, 

Mooring  to  buoys  or  beacons  prevented.   Act   4354, 

Seamen,  preventing  enticing  to  desert.  Act   3638. 

Spark-catchers,  use  of  on   steamers,   Act  3888. 

Throwing  overboard  of  ballast  prevented,  Act  4354, 

Wrecks.      See  Wrecks. 

SHODDY. 

Labeling  and  stamping  furniture  that  is  stuffed  with,  Act  2062, 

SHORTHAND  REPORTERS. 

Coroner,   stenographer  to  iji  cities  and  cities  and  counties  over  100,000,  Act  753. 

SICK  PERSONS.     See  Paupers, 


1720  INDEX. 

SIERKA  COUNT?, 

Animals  of  another,  wounding  in,  punishment  of,  Act   1593. 
Assessor,  ex  officio  treasurer,  Act  3647. 
Classification  and  population   of.   Act  837,  §§  10,  157. 
Fees  of  officers  of.   Act  3643. 

Fences,  in,  tearing  down  of,  prevention  of,  Act  1593. 
Fires,  leaving  of,  punishment  of,  Act   1593. 
Fish,  protection  of  in.  Acts   1331,  1332. 
Hunting  on  inclosed  lands  in,  prevention  of,  Act   1593. 
Inclosures,  passing  through  and  leaving  open.  Act   1593. 
Officers  of  and  salaries,  fees  and  allowances  of,  Act  837,  §  211. 
Officers  of,  fees  and  salaries  of.  Act  3643. 
Population   of.   Act  837,  §  10. 
Road  districts.  Act   3644. 

Road  in  Sierra   and  Plumas  counties,   Sierra  Iron   Company  granted  right  to   con- 
struct. Act  3653. 
Road  overseers,  Act   3644. 
Road  poll  tax.  Act  3645. 

Stallions  prevented  from  running  at  large  in.  Act  1063. 
State  highway  from  Mount  Pleasant  ranch  to  Downieville,  Act  1457b. 
Taxes  for  county  purposes,  supervisors  to  levy.  Act  3646. 
Treasurer,  assessor  ex  officio  is,  Act  3647. 
Treasurer,  of,  Act  3648. 

SIERRA  IRON  COMPANY. 

Granted  right  to  construct  road  in  Sierra  and  Flumaa  counties.  Act  3653. 

SIGNALS. 

Mining.     See  Mines  and  Mining. 

SIGNATURES. 

Ex  officio  officers,  signatures  of.  Act  2550. 

SELK  CULTURE. 

State  board  of,  establishment  of,  Acts  3658,  3659. 

SISKIYOU  COUNTY. 

Animals  of  another,  wounding  in,  punishment  of,  Act  1593. 

Assessors  to  pay  deputies  in,  Acts  255,  4062. 

Bonds  issued  to  by  Modoc  County,  semi-annual  payment  of  principal  and  Inter- 
est, Act  2262. 

Boundary  line  between  Humboldt  County  and  counties  of  Del  Norte  aud  Siskiyou, 
Acts   822,  909. 

Classification  and  population  of.  Act  837,  §§  10,  157. 

Fees,   in.   Acts  3664,  3665. 

Fences  in.  Acts  1134,  1135. 

Fences  in,  tearing  down  of,  prevention  of.  Act   1593, 

Fireman,  exemption  of  from  poll  tax,  Act  4063. 

Fires,  leaving  of,  punishment  of.  Act   1593. 

Fish,  preservation  of  in.   Act  1333.  ■ 

Hunting  on  inclosed  land  in,  prevention  of.  Act  1593.  J 

Inclosures,  passing  through  and  leaving  open.  Act   1593,  ^ 

Klamath  County  annexed  to.  Act  1808. 

Marks  and  brands  in,  Act  3666. 

Name  of  Rough  and  Ready  changed  to  Etna,  Act  3033, 


INDEX.  l'/21 

SISKIYOU  COUNTY.      (Continued.) 

Officers,  deputies  and  assistants  and  salaries,  fees  and  allowances  of,   Act  837,  § 

181. 
Officers,  fees  and  salaries  of,  Acts  8664,  8665. 
Population  of,  Act  837,  §  10. 
School  moneys  in,  apportioning,  Act  8539. 

Scott's  Valley  school  district,  trustees  authorized  to  borrow  money.  Act  3546. 
Southern  boundary  of,  survey  of.  Act  816. 
Stallions  prevented  from  running  at  large  in.   Act   1063. 
Thistle,  propagation  in  prevented,  Act  4104. 
United  States  authorized  to  lower  levels  of  certain  lakes  in  and  use  lakes  or  beds 

for  reclamation  and  irrigation.  Act   1858. 
United  States,  title    to    lands    uncovered    by    lowering    levels    ol    certain    lakes    in 

granted  to.   Act   1858. 
Water  commissioners,  board  of  for.  Act  3667. 

SLANDEE. 

Bond  for  costs  in.  Act  1931. 

SLAVERY. 

Coolie  slavery,  prevention  of.  Act  591. 

SMELTERS. 

Hours  of  labor  in.  Act  2230. 

SMITH,  MYRON. 

Title  of  certain  swamp  lands  to,  and  J.  P.  Counts  confirmed.  Act  4025. 

SMITH  RIVER. 

Navigability,  Act  3672. 

SNELLING. 

Merced  County,  supervisors  authorized  to  sell  courthouse  block  and  buildings  In, 
Act  2192. 

SOCIETIES.      See  Associations;  Unincorporated  Societies. 

Society  for  prevention  of  cruelty  to  children,  incorporation  of,  Act   1618. 

SOLANO  COUNTY. 

Agricultural  interests,   developing.   Act   3677. 

Auditor,  duties  and  compensation   of,   Act   3684. 

Auditor,  recorder  ex  officio   is,   Act  3682. 

Branch  county  jail,  establishing  and  maintaining.  Act  S680. 

Brazos  del  Rio,  name  of  changed  to  Rio  Vista,  Act  413. 

Canal,   construction  of  in  Colusa,   Solano  and  Yolo  counties.   Acts   531,  646,  3677, 

4449. 
Classification  and  population  of.  Act  837,  §§  10,  157. 
County  clerk,  duties  and  compensation  of.  Act  3684. 
County  seat,  location  of.  Act   3678. 
District  attorney,  duties  and  compensation.  Act  3684. 
Fences,  division,  in.  Act    1138. 
Highways  in,  Act  3679. 
Notaries,  additional  for.  Act  3681. 
Officers,  deputies    and   assistants    and    salaries,    fees    and    allowances    of.    Act  837 

§  169. 
Officers  of,  salaries  of,  regulation  of,  Act  3683. 


1722  INDEX. 

SOLANO  COUNTY.      (Continued.) 
Population  of,  Act  837,  §  10. 
Recorder,  ex  officio  auditor.  Act  3682. 
Records  of,  legalizing,  Act  3686. 
Records  of,   transcribing  of  authorized.  Act  3687. 
Road  tax,  supervisors  to  levy.  Act  3685. 
Sheriff,  duties  and  compensation  of.  Act  3684. 
Sonoma  and  Solano  counties,  certain  records  of  transcribed  to  Napa  County,  Act 

2404. 
Supervisors    authorized   to    approve    petitions    to    form   reclamation   districts,    Act 

2971. 
Suscol  rancho,   title  to  lands  in,   quieted,   Act  3688. 
Trespassing  of  animals  in,  Act  1071. 
Water  commissioners  for.   Act  4365. 
Waters,  overseer  to  regulate,  Act  4365. 

Woods  Island,  Sacramento  County,  annexed  to  Rio  Vista  school  district,  Act  3540. 
Yolo   and   Solano   canal   district,   formation   of   to  protect   lands  from  overflow   by 

Putah  Creek,  Act  2905. 

SOLDIERS    AND    SAILORS.      See    Army    and    Navy;    National    Guard;    Veterans' 

Home;  Woman's  Relief  Corp. 
Burial  of  ex-union  soldiers,  sailors  and  marines  dying  without  means.  Act  3693. 
California  volunteers,  revision  and  publication  of  records  of,  Act  520. 
Claims  against  state  of  soldiers  serving  in  Indian  -vrars,  auditing  and  examinlvig, 

Act  1607. 
Exempt  from  payment  of  license  fees,  when,  Act  837,  §  25,   subd.   25. 
Grand   Army  of   the  Republic,   unlawfully  wearing  badge    of,   prevention   of.   Act 

1392. 
Homes    for  widows,  orphans  and  army  nurses,  Act  3694. 
License,  permitted  to  sell  goods  without,  Act  3692. 

Liquors,  sale  of  in  vicinity  of  soldiers'  home,  prevention  of,  Acts  1692,  1693,  3690. 
Pension  matters,  no  fees  to  be  charged.  Acts  829,  837,  §  227;  1122. 
Preference  in  public  service  to  ex-union  soldiers,   sailors  and  marines,  Acts  2893, 

3695. 
Revision  of  records  and  publication  of,  Act  520. 

SOLE  TRADERS. 

Married  women  authorized  to  do  business  as.  Act  2108. 

SONOMA  CITY. 

Boundaries  of.  Act  3704. 

Commissioners   to   carry  into   effect  act   validating   acts  of  former  commissionerSj 

Act  3703. 
Conveyances  of  certain  pueblo  lands   confirmed,   Act  3701. 
Incorporation  of,  Act  3704. 
Mission  at,  gift  of  to  state.  Act  2298. 
Sale  of  certain   pueblo  lands  authorized,   Act  3702. 

SONOMA  COUNTY. 

Animals,   pound  districts  in,  Act  3713. 
Apportioning  school  moneys  in.   Act  3539. 
Classification  and  population  of.  Act  837,  §§  10,   157. 
Courthouse  school  district,  re-establishment.  Act  3547. 
Fees  of  officers,  Acts  3709,  3711. 
Fees  of  recorder,  Act  3709. 


INDEX,  1728 

SONOMA  COUNTY.   (Continued.) 

Fees  of  sheriff,   Act  3709. 

Fees  of  surveyor  of,  Act  3722. 

Fence  districts  in,  Act  3713. 

Fences,  division,  in.  Act  3712. 

Fences,  division  in  lines  of  counties  bordering  on,  Act  3712. 

Fort  Ross  property,  gift  to  state,  Act  2298. 

Growing  timber  ou  private  grounds,  destruction  of  prevented,  Act  1577, 

Highways  in.   Acts  3719,   3720. 

Hunting  on  private  inclosed  grounds  in,  prevention  of.  Act  1577. 

Notaries,  additional,  for.  Acts  2501,  3715. 

Notary  to  reside  at  Cloverdale,  appointment  of.  Act  3714. 

Oflicers,  deputies  and  assistants,  and  salaries,  fees  and  allowances.  Act  837,  §  163. 

Officers  of,  fees  and  salaries  of,  Acts  3709,  3710,  3711. 

Population  of.   Act  837,  §  10. 

Poultry  experiment  station,  establishment  of  in  Sonoma  County,  Act  2748. 

Pound  districts  in,  Act  3713. 

Recorder  of,  fees  of,  Act  3709. 

Records,  foreign,  in,  translation  of,  Act  3718. 

Records,  foreign,  translations  of,   evidence,  Act  3718. 

Records  in,   transcribing  of,  Act  3716,  3717. 

Right  of  way  through  lands  of  home  for  feeble-minded  children  granted  to  super- 
visors of.  Act  1112. 

Roads  in,  Acts  3719,  3720. 

Sheep,  restricting  the  herding  of.  Acts  3617,  3721. 

Sheriff  of,  fees  of.  Act  3709. 

Sonoma  and  Solano  counties,  certain  records  of  transcribed  to  Napa  County,  Act 
2404. 

Stallions  prevented  from  running  at  large  in.  Act  1063. 

Supervisors  granted  authority  to  change  location  of  highway  through  home  for 
feebleminded  children.  Act  1112. 

Surveyor  of,  fees  of.  Act  3722. 

Treasurer's  office,  counting  of  cash  in.  Act  3723. 

SONOMA  CREEK. 

Fish,  prevention  of  destruction  of  in.  Act  1329. 

SONOMA  RIVER. 

Navigability  of.  Acts  3728,  4358. 

SONORA. 

Fire  department  of,  establishment  of.  Act  3734. 
Reincorporation,  Act  3733. 

SONORA  AND  MONO  WAGON  ROAD. 

Part  of,  declared  a  state  highway.  Act  1453. 

SORGHUM  HALEPENSE. 

Propagation  of,  prevention  of.  Act  74. 

SOUTHERN  CALIFORNIA  INSANE  ASYLUM.      See  Insane. 

SOUTHERN  CALIFORNIA  RAILWAY  CO. 

Granted  right  of  way  over  asylum  grounds  in   San  Bernardino   County,  Act  2923. 


SOUTHEEN  PACIFIC  BAILEOAD  COMPANY, 

Congressional  act  authorizing  change  in  line  of  road,  giving  effect  to,  Act  3739. 

SOUTH  SAN  TRANCISCO  HOMESTEAD  AND  EAILEOAD  ASSOCIATION. 

Conveyance  of  certain  overflowed  lands  in  to,  Act  3201. 

SPANISH-AMEEICAN  WAR. 

Rights  of  members  of  national  guard  serving  in,  Act  2429. 

SPANISH  GEANTS. 

Preservation  of  papers,  relating  to  Spanish  land  claims,  Act  3744. 

SPAEK-CATCHEES. 

Use  of  on  steamers  on  Sacramento  and  San  Joaquin  rivers,  Act  3883. 

SPECIAL  COUNSEL. 

Supervisors  in  counties  of  second  class  may  employ,  Act  837,  $  159,  subd.  7. 

SPECIAL  ELECTIONS. 

Acts  concerning,  Act  1019. 

SPECIAL  PAETNEESHIP. 

Formation   of.  Act  2624. 

SPUR  TEACKS. 

Construction  of  in  cities,  authorized.  Act  2334. 
Permit  revocable.  Act  2334. 

SQUIEEELS. 

Destruction  of.  Acts  186,   187,  188. 

Destruction  of  in   particular   counties.      See  particular  title. 

STABLE-KEEPEES. 

Lien  on  livestock  kept,  fed  or  pastured.  Act  1947. 

STALLIONS. 

liiens  of  owners  of  where  used  for  propagation.  Act  1948. 
Limits  of  keeping  of  unless  inclosed  from  view.  Act  3749. 
Particular  counties,  in.      See  particular  title. 
Prevention  of  running  at  large  in  various  counties.  Act  1063. 

STAMPS.      See  Labels;  Marks  and  Brands;  Trading  Stamps. 

STANPOED  UNIVEESITY. 

Exemption  of  certain  property  from  taxation.  Act  3754. 
Seal,  Act  3755. 

Trustees  granted  corporate  powers  and  privileges,  Act  3755. 
Trustees,  organization,  by-laws,  etc..  Act  3755. 

STANISLAUS  COUNTY. 

Agriculture,   protection  of,   Act'3760. 

Animals,    trespassing,   distraining  of.   Act  3760. 

Animals,   trespassing  of  on  private  property,  prevention  of.   Act  1069. 

Classification  and  population  of.  Act  837,  §§  10,  157. 

Coroner  in.  Act  3763. 

County  clerk  and  recorder,  separation  of  oiKcers  of.  Act  3764. 

Ferry  and  highway,  establishment  of  in,  on  San  Joaquin  River,  Act  3761. 


INDEX.  1125 

STANISLAUS  COUNTY.      (Continued.) 

Funds,  swamp  land  funds,  transfer  of  to  general  fund,  Act  3769. 

Gophers  in,  destruction  of.  Act  186. 

Highway  and  ferry,  establishing  on  San  Joaquin  River,  Act  3761. 

Notaries,  additional,  in,  Act  3762. 

Officers,    deputies   and   assistants    and   salaries,    fees   and   allowances    of,    Act  837, 

§  195.. 
Population  of.  Act  837,  §  10. 
Public  administrator  in.   Act  3763. 

Recorder  and  county  clerk,  separation  of  ofSces  of,  Act  3764. 
Road  poll  taxes,  collection  of,  Act  3768. 
Salaries  of  certain  officers  of.  Act  3764. 
Squirrels  in,  destruction  of,  Acts  186,   187,   3765. 
Stallions  prevented  from  running  at  large  in.  Act  1063. 
Superintendent  of   schools  in.   Act  3763. 
Superintendent  of  schools  in,  compensation  of.  Act  3766. 
Superintendent  of  school,   office  for.   Act  3767. 
Treasurer  of,   salary  of.   Act  3770. 
Witnesses'   fees  in.  Act  3771. 

STANISLAUS  RIVER. 

Fish  commissioners  authorized  to  establish  fish  repository  on,  Act  1299s. 
Public  ford  across  and  public  road  to  and  from  same.  Act  3776. 

STATE. 

Actions  against,  authorized,  Act  3791. 

Actions  against  for  boimties  on  coyote  scalps  authorized,  Act  3792. 

Actions  against,  procedure  in,  Act  3791. 

Actions    against,    to    quiet    title    against    claims    under    inheritance    tax    law.    Act 

4036. 
Actions  against  to  quiet  title  to  certain  land  sold  to  one  A.  H.  Estell,  authorized, 

Act  3793. 
Actions  against  state  to  quiet  title  to  certain  lands  in  Alameda  County,  authorized. 

Act  3796. 
Actions   against  state  to   quiet  title  to   land  sold  by   state   where   deed   or  patent 

lost,  authorized.  Act  3794. 
Assent  of,  to  act  of  Congress  applying  proceeds  of  public  land  for  college,  Ac's 

634,   3786. 
Assent   of,   to  purchase  by  United  States  of  lands  within   state   for  public  pur- 
poses. Act  4212. 
Assent  to  reservation  by  Congress  for  public  park.  Act  3785. 
Attorney  general   authorized   to   bid  in   property   on  judgment   in   favor  of  state, 

Act  265. 
Ball,  Robert  C,  authorized  to  sue  state.  Act  3788. 
Bonds,  board  of  commissioners  to  issue  to  pay  funded  indebtedness,   creation  of. 

Act  381. 
Bonds  held  in  trust  for  university  and  school  funds,  payment  of  interest  on,  Act 

374. 
Bonds  of  oflficers,  premium  to  be  paid  by  state.  Acts  379,  2544. 
Bonds,  redemption  and  payment  of  funded  indebtedness.  Acts  375,  380,  381. 
Boundaries,  correction,  defining  and  establishment  of  eastern  boundary.  Acts  397, 

398,  3780. 
Bowman,  James,   interest  of  state  in  water  lot  quitclaimed  to   successors   of,   Act 

4028. 
Cities  granted  rights  of  way  over  state  lands  for  construction  of  waterworki,  Act 

2388. 


1726  INDEX. 

STATE.      (Continued.) 

Cities  granted  right  to  take  materials  and  water  from  state  lands  for  construction 

of  waterworks,  Act  2388. 
Claim  of  A.  J.  Bourn  against  state,  appropriation  to  pay.  Act  3787. 
Claims   against   Coulterville   and  Yosemite   Turnpike    Company    authorized   to    sue 

state,  Act  3789. 
Claims  against,  Melone,  Love,  and  Green  authorized  to  sue  state.  Act  3790. 
Claims  against   of  soldiers  serving  in  Indian  wars,   auditing  and  examining,   Act 

1607. 
Claims  against,  Robert  C.  Ball  authorized  to  sue  state.  Act  3788. 
Claims  against,  suits  against  state  authorized,  Act  3791, 
Claims  against,   suits  against  procedure  in.   Act  3791. 

Claims  of  against  United  States,  employment  of  counsel  to  prosecute,   Act  1388. 
Claims  of  counties  against,   allowance,   settlement  and  payment  of,   Act  799. 
Commissions  for  collection  of  taxes,   county  not  to  bring  suit  for.   Act  4049. 
Commissions  for  collection  of  taxes,  payment  for,  prohibited,  Act  4050. 
Consent  of  state  to  reservation  of  certain  tract  by  Congress  for  public  park,  Act 

3785. 
Costs  in  actions  where  state  a  party.  Act  3781. 
Costs  of  trials  of  persons  violating  fish  laws  paid  by,  Act  1335. 
Coulterville   and   Yosemite  Turnpike   Company  authorized  to   sue   state,   Act  3789. 
Debt  of.      See  Public  Debt. 

Debts  in  excess  of  appropriations,  prohibited,  Act  2326. 
Donations  to,  receipt  and  appropriation  of,  Act  1355,  2338,  3782. 
Federal  government,  consent  of  state  to  reservation  by  Congress  of  certain  tract 

for  public  park.  Act  3785. 
Federal  government,  consent  of  to  purchase  for  public  purposes.  Act  4212. 
Federal  government,   conveyance  of  and  cession  to,   of  lands  for  lighthouses,   Act 

1956. 
Federal  government,  jurisdiction  over  certain  lands  ceded  by  state  to,  Acts  3781, 

3834. 
Federal  government,  lands  ceded  to,  jurisdiction  of  state  over.  Act  1956. 
Federal  government,  release  of  certain  lands  to  United  States,  Act  3783. 
Federal  government,  relinquishment  to,  of  lands    required    for    military    or    naval 

purposes.  Acts  3829,  4214. 
Federal  government,  title  to  certain    lands    adjacent  to  lands  held  by  for  military 

purposes  ceded  to,  Act  3831. 
Forests,  joint  investigation  with  federal  government  for  preserving,  Act  4352. 
Forest  reservations,  consent  of  state  to.  Act  2883. 
Funds  of,  deposited  in  banks.  Acts  4133,  4134. 
Green,  James  J.,  authorized  to  sue  state,  Act  3790. 
Hours  of  labor.      See  Hours  of  Labor. 
Humboldt    Bay,    attorney    general    and    governor    authorized    to    purchase    certain 

lands  in  for  state.  Act  1553. 
Inventory  of  state  and  county  property.  Act  1697. 

Joint  investigation,  with   federal  government   of  water  resources,   Act  4352. 
Judgment  in  favor  of  state  to  better  enable  collection  of,  Act  265. 
Lands  within,  persons  in  coast  survey  authorized  to  enter  upon,   Act  617. 
Lauritzen  Company  authorized  to  sue.  Act  3795. 

Leases  by  cities  or  counties  of  tide  or  submerged  lands  belonging  to   state   con- 
firmed.  Act  2385. 
Loan  from  school  land  fund  to,  Act  1286. 
Love,  .Tohn  Lord,  authorized  to  sue  state,  Act  3790. 
Melone,  Drury,  authorized  to  sue  state.  Act  3790. 
Noninsurance  of  property  belonging  to.  Act  1669. 


INDEX.  1727 

STATE.      (Continued.) 

Officers,  power  to  absent  themselves  from,  Act  837,  §  64. 

Old  furniture  and  material  of,  board  of  examiners  authorized  to  sell,  Act  360. 

Perry,   Sallie  C,  claim  of  state  to  certain  tract  quitclaimed  to,  Act  4030. 

Public  buildings.     See  Public  Buildings. 

Public  works.       See  Public  Works. 

Right  of  way  from  Atlantic  to  Pacific  granted  to  United  States,   Act  4213. 

Sale  of  interest  in  property  within  waterfront  line  of  San  Francisco,   Acts  3336, 

3337. 
Sale  of   interest  of  in   certain   lands  to   the  occupants   and   claimants   authorized. 

Acts  2869,  3832. 
San   Francisco,   state  building  in,   Acts  2819,  2820. 
Secretary  of.      See  Secretary  of  State. 
Title   to   certain  swamp   lauds  to  J.   P.   Counts   and  Myron  Smith  confirmed,   Act 

4025. 
War  debt  of,  redemption  of.  Act  2823. 

STATE  AGRICULTUEAL  SOCIETY.      See  Agriculture. 

STATE  ANALYST. 

Analyzing  mineral  waters,  drugs  and  foods.  Act  3799. 
Appointment  and  duties  of.  Act  3799. 

STATE  BOARD  OF  EXAMINERS.     See  Board  of  Examiners. 

STATE  BOARD  OF  HEALTH.      See  Public  Health. 

Attorney  for,  and  for  board  of  health  of  San  Francisco,  Act  2831. 
Authority  in  relation   to   extermination   of  rodents.   Act  2506a. 
Authorized  to  purchase  and  manufacture  diphtheria  anti-toxin.   Act  2837. 
State  bureau  of  vital  statistics,  death.      See  Deaths. 

State  hygienic  laboratory,  for  use  of  director  and  assistants.  Act  4260. 
State  hygienic  laboratory  for  use  of,  establishment.  Act  4260. 

STATE  BUILDINGS. 

In  San  Francisco,  facilitation  of  the  erection  of.  Act  2820. 

In  San  Francisco,  provision  for.  Act  2819. 

In  San  Francisco,  selection,  location  and  purchase  of  site,  Act  2819. 

STATE    BUREAU    OF    CRIMINAL    IDENTIFICATION.     See    Bureau    of    Criminal 
Identification. 

STATE  CAPITOL. 

Bonds,  issuance  of,  for.  Act  3805. 

Drinking  fountains  in,  construction  and  maintenance  of,  Act  538. 

Employees  at,  Act  3806. 

Janitor,  duties  and  salary  of.  Act  537. 

Location  of  at  Sacramento,  Act  3804. 

Remodeling,  repairing,  etc.,  Act   3807. 

Sale  of  intoxicating  liquors  prohibited  in.  Acts  536,  1691. 

STATE  CONTROLLER.      See  Controller. 

OTATE  DENTAL  SURGEON.      See  Dentistry. 

STATE  ENGINEER.      See  State  Engineering. 

Bridges  across  navigable  streams,  duties  and  powers  in  relation  to.     See  Bridgea. 
Creation  of  office  of.  Act  3811. 


1728  INDEX. 

STATE  BNGINEEEING. 

Department  of  engineering,  attorney  general  is  adviser  to,  Act  3812,  5  18. 
Department  of  engineering,  consulting  board  on  irrigation,  drainage,  etc.,  Act  3812, 

§§11/2,7. 

Department  of  engineering,  creation  of,  Act  3812. 

Department  of  engineering,  office  of.  Act  3812,  §  5. 

Department  of  engineering,  officers  and  employees  of,  appointment  of,  and  terms 
of  otfice.  Act  3812. 

Department  of  engineering,  officers  and  employees  of,  powers  and  duties  of,  Act 
3812. 

Department  of  engineering,  officers  and  employees,  salaries  of,  Act  3812. 

Department  of  engineering,  powers  and  duties  of.  Act  3812. 

Department  of  engineering,  topograpliic  surveys  and  investigations  of  water  re- 
sources. Act  3813. 

Rectifying  channels  and  improving  navigation  of  Sacramento,  San  Joaquin,  Feather 
rivers,  and  other  rivers.  Acts  3814,  3815,  3816,  3817. 

State  engineer.      See  State  Engineer. 

Survey  of  Humboldt  Bay  and  data  for  report  as  to  necessity  of  dredging.  Ant 
1554. 

STATE  FLOWEE. 

Golden  poppy   (Eschscholtzia)   selected  as,  Act  3819. 

STATE  GEOLOGICAL  SURVEY.      See  Geological  Survey. 

STATE  HARBOR  COMMISSIONERS.     See  Harbor  Commissionera. 

STATE  HIGHWAYS.      See  Highways. 

STATE  LABORATORY. 

Foods,  liquors,  and  drugs,  state  laboratory  for,  Act  29. 

STATE  LANDS.     See  Public  Lands. 

STATE  LIBRARY. 

Attorney  general,  state  librarian  to  furnish  with  law  books,  Act  266. 

Mineral  cabinet,  establishment  of,  in.  Acts  2205,  3844. 

Removal  of  mineral  cabinet  from  state  library  to  Crocker  art  gallery.  Act  2206. 

STATE  MINING  BUREAU. 

Establishment  and  maintenance  of.  Acts  2211-2213. 

STATE  PRINTER. 

Act  relating  to,  Act  3849. 

Governor's  mansion  fitted  up  for  state  printing  office,  Act  1383. 

Index  to  statutes,  authorized  to  prepare  and  print.  Act  515. 

Records   of  California  Volunteers,  printing  of.  Act  520. 

State  printing  office,    establishing,    Act   3850. 

Statutes  of  California,   superintendent  authorized  to  prepare  and  print.   Act  1598. 

STATE  PRISONS.      See  Prisons. 

Acknowledgments  of  deeds  and  instruments  by  prisoner.  Act  2764. 

Arrest,    trial,   recommitment   and   punishment   of  convicts  who   have   escaped.   Act 

1041. 
Branch,  location  of.  Act  2761. 
Coroner's  inquest  in  state  prison,  costs  of.  Acts  783,  2070,  3859. 


INDEX.  1729 

STATE   PEISONS.      (Continued.) 

Costs  of  trial  of  convicts  for  crimes  committed  in,  Acts  736,  783,  3859. 

Costs  of  trial  of  escaped  convicts.  Acts  736,  783,  3859. 

Directors  authorized   to   assist   discharged  prisoners  in  securing  employment,   Act 

2779. 
Directors  directed  to  investigate  and  report  as  to  cost  of  reformatory,  Act  2780. 
Employment  of  prisoners  on  roads,  Acts  2773,  2774,  3862. 
Folsom,  additional  cells  at,   appropriation  for.  Act  2777. 
Folsom,  appropriation  for  improvements  at,  Act  2777. 
Folsom,  branch  prison  at,  erection  and  maintenance  of.  Act  3857. 
Folsom,  erection  of  branch  prison  at.  Act  2760. 
Folsom,  erection  of  building  for  insane  prisoners.  Act  2769. 
Folsom,  rock-crushing  plant,  regulation  of  and  sale  of  proceeds,  Act  2772. 
Folsom,  sewerage  system  at,  Act  2771. 
Government  of  state  prison  convicts.  Act  2761. 
Grain  bags,  manufacture  and  sale  of.  Acts  2766,  3865. 
Hemp,   directors  to  purchase   California   grown   hemp.   Act  2766. 
Highway  material,  preparation  of,  Acts  2765,  3860. 
Inmates  not  to  make  articles  for  officers,  Act  2551. 
Inquests  in,  payment  of  expenses  of.   Act  750. 

Insane  prisoners,   costs  of  inquiry  into  sanity  of  convict  a  state  charge.   Act  2070. 
Insane   prisoners,    erection   of   building    for.    Acts  2769,  2770. 
Intoxicating  liquors,   sale  of  within  two  miles  of,  prevention  of,  Act  3864. 
Jute  and  jute  goods,  directors  authorized  to  insure.  Act  1766. 
Jute  bags,  price,  terms  and  conditions  of  sale.  Act  1765. 
Jute  goods,  fund  for  purchase  of,  to  be  manufactured  at.  Act  1763. 
Jute  goods,  price  and  conditions  of  sale  of.  Acts  1764,  1768. 
Jute,   permanent  fund  for  purchase  of,  appropriation  for,  Act  1767. 
Parole  commissioners,  creation  of  board  for  parole  and  government  of  prisoners, 

Act  3866. 
Parole  commissioners.      See  Parole  Commissioners. 

Prisoners,    employment   of   in   construction   of  roads.   Acts  2773,  2774, 
Prisoners.      See  Prisoners. 

Regulation  and  government  of.  Acts  2762,  2763,  3855,  3856. 
Rock-crushing  plants  at,  regulation,  government  and  disposition  of  proceeds,  Acts 

2765,  2772,  3860,  3861. 
San  Queutin,  additional  cells  at,  appropriation  for,  Act  2778. 
San  Quentin,   appropriation  for  improvements  at.  Act  2777. 

San  Quentin,  workshops  and  prison  buildings  at,  appropriation  for.  Act  3858. 
Separation  of  children  from  adults.  Act  1769. 
Sheriffs    and   chiefs    of    police    to    be    furnished   descriptions    and   photographs    of 

prisoners.  Act  738. 
Sheriff,  compensation  of,  for  carrying  prisoners  to,  Act  3627. 
Wardens   to  furnish  information  concerning  prisoners  to  sheriffs  and  bureaus   of 

identification.  Act  739. 

STATE  ROSTER. 

Compilation,  printing,  binding,  publishing  and  distribution  of.  Act  349. 

STATE  TREASURER.     See   Treasurer,   State. 

STATE  TREASURY.      See  Funds;   Treasurer,   State. 

STATE  UNIVERSITY.     See  University  of  California. 
Gen.  Laws — 109 


1730  INDEX. 

STATE  VETERINARIAN. 

Authority  to  employ  inspectors  for  certain  years  to  inspect  dipping  of  sheep  in- 
fected with  scabies,  Act  180a. 
Creation  of  office  of,  Act  180. 
Inspectors  employed  by  during  certain  years,  compensation  and  expenses  of,  Act 

180a. 
Scabies  in  sheep,  duty  of  state  veterinarian  as  to,  Act  3624. 

STATEMENT. 

On  motion  for  new  trial,   destruction  of,  proceedings  on,  Act  435. 

STATISTICS. 

Bureau  of  labor  statistics,  establishment  and  support  of,  Act  1828, 

STATUTE  OF  LIMITATIONS. 

Banks  and  trust  companies,  no  limitations  against.  Act  3877. 
Certificates  of  deposit,  action  for  after  death,  limitation  on,  Act  3876. 
Counties,  actions  on  claims  against.  Act  837,  §  43. 

STATUTES. 

All  laws  prior  to  1850,  abolition  of.  Act  3882. 

Index  to  statutes,  compiling,  printing  and  distribution  of.  Acts  515,  1598. 

Revision  and  reform  of  laws,   commission  for.      See   Code   Commission. 

Statutes,  superintendent  of  state  printing  to  prepare  and  px'int  index  of.  Acts  515, 

1598. 
Time  of  taking  effect  of,  Act  3883. 

STEAMBOATS. 

Spark-catchers,  use  of  on  steamers.  Act  3888. 

ST.  HELENA. 

Incorporation  of.  Act  3894. 

STOCK. 

Certificates  of  stock,  tax  on  issue  of.  Acts  769,  4038. 

STOCKTON. 

Assessor,  additional  powers  of.  Act  3900. 

Canal   along   North   Street   to   San  Joaquin   River,   construction  and  maintenance, 

Act  3904. 
Charter  of.  Act  3899,  note. 

Inundation,   city  council  empowered  to  protect  city  from.  Act  3901. 
Mining  corporation  of,  protection  of,  Act  2239. 
Mormon  Slough,  excavating,  widening  and  opening.  Act  3902. 
Ordinance  No.  64,  authorizing  receipt  and  disposal  of  certain  land,  ratified,  Act 

3903. 
Reincorporation  of.  Act  3899. 

STOCKTON  INSANE  ASYLUM.      See  Insane. 

STOCKTON  SLOUGH. 

Navigability,  Acts  3909,  4358. 

STORAGE.      See  Warehouses. 

STORM-WATER  DISTRICTS. 

Annexation  of  property,  proceedings  for,   Act  2806,  §  28. 


INDEX.  1781 

STOEM-WATER  DISTRICTS.      (Continued.) 

Assessments  by  commissioners,   Act  2806,  §§  11,12. 

Assessments,    delinquent,    collection,   Act  2806,  §  18, 

Assessments,  delinquent,  penalty,  Act  2806,  §  18. 

Assessments,  duty  of  tax-collector,  Act  2806,  §§  16,  17. 

Assessments,  lien  of.  Act  2806,  §  16. 

Assessments,  payment  of,   installments.  Act  2806,  §  16. 

Assessments,  publication  of  assessment-roll,  Act  2806,  §  17. 

Awards  not  accepted,  proceedings  in   case  of,  Act  2806,  §  21'. 

Collections,  where  deposited  when  district   in   several   counties.   Act  2806,  §  17. 

Commissioners,  assessments  by,  Act  2806,  §§  11,  12. 

Commissioners,  bond  and  oath,  Act  2806,  §  10. 

Commissioners,  compensation,  amount  of  and  how  paid.  Act  2806,  §  10. 

Commissioners,   number,   appointment   and   qualifications.   Act  2806,  §  10. 

Commissioners,  proceedings  where  claims  conflicting,  Act  2806,  §  13. 

Commissioners,  report,  hearing  of,  Act  2806,  §  14. 

Commissioners,  report,  objections  to,  Act  2806,  §  15. 

Commissioners,  report  to  trustees,  Act  2806,  §  12. 

Commissioners,  viewing  land,  powers,  duties  and  proceedings  on.  Act  2806,  §  11. 

Conflicting  claims  to  property,  proceedings  in  case  of,  Act  2806,  §  13. 

Construction  of  act,  Act  2806,  §  30. 

Contracts,  how  entered  into.  Act  2806,  §  8. 

Control  of.  Act  2806,  §  5. 

Disincorporation,  proceedings  for.  Act  2806,  §  27. 

Effect  of  act  providing  for  on  prior  acts.  Act  2806,  §  29. 

Exclusion   of  property,  proceedings  for.   Act  2806,  §  28. 

Formation  of,  objection  to.  Act  2806,  §§  3,  4. 

Formation   of,   procedure   for.   Act  2806,  §§  1,  2. 

Formation  of,  resolution  of  intention.  Act  2806,   §§1,  2. 

Improvement  fund,  collections  from  assessment  to  be  paid  into.  Act  2806,  §  19. 

Improvement  fund,  moneys  in  to  be  paid  only  for  improvements.  Act  2806,  §  19. 

Improvement  fund,  payments  from,  how  made,   Act  2806,  §  19. 

Improvement  fund,  transfer  of  moneys  in  county  treasury  to.  Act  2806,  §  18. 

Improvements,  additional,  construction  of.  Act  2806,  §  26. 

Improvements,  how  determined  upon  and  carried  out.  Act  2806,  §§  9,  10. 

Improvements,  power  and  authority  of  supervisors.  Act  2806,  §  28. 

Improvements,  what  to  include.  Act  2806,  §  24. 

Improvements,  when  to  begin.  Act  2806,  §  22. 

Payments  for  property  taken.  Act  2806,  §  20. 

Petition  for,   signing  and  presenting.  Act  2806,  §  1, 

Petition,  hearing  and  notice.  Act  2806,  §§  2,  3,  4. 

Powers  of.  Act  2806,  §  8. 

Report,  hearing  of.  Act  2806,  §  14. 

Report,  objections  to.  Act  2806,  §  15. 

Rights  of  way,  defective,  proceedings  in  case  of.  Act  2806,  §  22. 

Tax  for  repairs  and  improvements,  collections,  disposition  of,   Act  2806,  §  25. 

Tax  for  repairs  and  improvements,  estimate  of,  Act  2806,  §  25. 

Tax  for  repairs  and  improvements,   levy  and  collection  of.   Act  2806,  §  25. 

Tax  for  repairs  and  improvements,  proceedings  where  district  in  several  counties. 

Act  2806,  §  25. 
Transfer  of  moneys  in  county  treasury  to  improvement  fund.  Act  2806,  §  18. 
Trustees,   act  without  compensation.   Act  2806,  §  7. 

Trustees,  books,  records,  etc.,  kept  at  office  and  open  to  inspection,  Act  2806,  {  7. 
Trustees,  election  of.  Act  2806,  §  6. 
Trustees,  meetings  of,  Act  2806,  §  7. 


1732  INDEX. 

STORM-WATER  DISTRICTS.      (Continued.) 
Trustees,   office  of,  Act  2806,  §  7. 
Trustees,  organization  of,  Act  2806,  §  6. 
Trustees,  powers  of,   Act  2806,  §  8. 
Trustees,  president  and  clerk.  Act  2806,  §  7. 
Trustees,   qualifications,  bond  and  term  of  office,  Act  2806,  §§  5,8. 

STRAWBERRY  VALLEY. 

Location  of  village  of  defined,  Act  3914. 

STREAMS.      See  Waters. 

STREET  RAILWAYS.      See  Railroads. 

Brakes  and  fenders,  equipment  of  cars  with.  Act  2932. 

Brakes  and  fenders,   street-cars  and  dummies  to  be   equipped,   Act  2932, 

Electricity,  authorized  to  use.  Act  2924. 

Franchises  for,   time  for  granting,  limiting  time  for,   Act  1233. 

Franchises,   sale  or  granting  of,   Acts  1229-1232. 

Franchises  to  construct  railroads  beyond  city  limits  to  public  parks,  Act  2930. 

Generally,  Act  3920. 

Mail-carriers  allowed  to  ride  free,  Act  2930. 

Overcharges,  penalty  for,  Act  3919. 

Rates  of  fare  on  street  railroads  in  cities  of  more  than  100,000  inhabitants,  Act 

3920. 
Tickets,    duty   to   provide,    Act  3919. 

STREETS. 

I.   Generally. 
II.  In  cities  organized  under  municipal  corporation  bill, 

III.  Improvements  under  local  improvement  act  of  1901. 

IV.  Improvements  under  act  of  1903,  providing  for  formation  of  districts. 

V.  Improvements  under  act  of   1889    (repealed  as  to   cities  of  over   forty  thou- 
sand). 
yj.  Improvements  under  act  of  1893,  relating  to  cities  of  forty  thousand  or  over. 
VII.   Improvements  under  the  general  stre«t  law  of  1885    (Vrooman  act). 
VIII.  Improvements  under  street  improvement  act  of  1909. 
IX.  Improvements    under    act    of    1909,    providing    for    work    on    sidewalks    and 
curbings. 
X.  Improvements  under  change  of  grade  act  of  1909. 

I.     Generally. 
Assessments,  delinquent,  redemption  of,  regulation  of,  Act  3933. 
Assessments,  delinquent,  sales,  regulation  of.  Act  3933. 
Bonds,  street  improvement  bonds,  system  of.  Act  3932. 

Boulevards,  cities  and  cities  and  counties  authorized  to  maintain.  Act  2879. 
Cities  authorized  to  permit  construction  of  highways  over  streets.  Act  2386. 
Franchises  for  street  railways,  sale  of  iu  cities.  Act  1232. 

Gravel  beds  and  quarries,  operation  of  by  city  for  repair  of  streets,  Act  2365. 
Hedges  along  lines  of  streets,  Act  3925. 
Improvement   of,   Act  3926. 

Lighting  of  streets,  lanes,  alleys  and  courts,  assessment  of  costs  to  property  bene- 
fited. Act  2333. 
Lighting  of  streets,  lanes,   alleys  and  courts,  provision  for,  Act  2333. 
Lighting  of  streets,  letting  of  contracts  for,  Act  2340. 


INDEX.  1733 

STREETS.     I.  Generally.      (Continued.) 

Local  improvements  under  local  improvement  act,   Act   3929.      See  post,    III. 

Sewers.      See  Sewers. 

Trees,  growing,  protection  of,  Act  1402. 

Trees,  shade,  planting,  maintaining  and  care  of,  on.  Act  3925. 

Work  upon,  act  providing  for.  Act  3930. 

II.     In    cities    organized    under    municipal    corporation    lull. 
Cities  of  first  class,   improvement  of  streets  and  sewers  in.  Act  2348,  §§  6G-S9, 
Cities  of  first  class   not   liable   for  injuries  in    streets,   Act  2348,  §  87. 
Cities  of  first  class,  public,   definition   of,   in,   Act  2348,  §  66. 
Cities  of  first  class,   street   fund  in.   Act  2348,  §  90,    subd.   6. 
Cities  of  first  class,  street  light  fund,   how  used.   Act   2348,  §90,   subd.   5. 
Cities  of  first  class,    superintendent,    deputies    of,    and    salaries    of.    Act  2348,  §  26, 

subd.  12. 
Cities  of  first  class,    superintendent,    duties   and   liabilities.    Act  2348,  §  136. 
Cities  of  first  class,   superintendent,   salary  of.  Act  2348,  §  26,   subd.   12. 
Cities  of  first  class,  supervisors,  power  over  and  improvement  of,  in,  Act  2348,  §  64, 

subds.   2,   26,    §§  66-89. 
Cities  of  second  class,    chief    engineer,    appointment,    duties   and    salary.    Act  2348, 

§377. 
Cities  of  second  class,    chief   engineer,    certificate    of   work    done    as    evidence,    Act 

2348,  §  877. 
Cities  of  second  class,   injuries   in,   liability   for.   Act  2348,  §  376. 
Cities  of  second  class,    opening  new   streets,   Act  2348,  §  332. 

Cities  of  second  class,    opening,   widening,    extending   and   improving   streets,   provi- 
sions governing.   Act  2348,  §§  319,   320,   subd.   4,  §§  332,   334-357. 
Cities  of  second  class,    superintendent   and    assistant,    salaries   of.    Act  2348,  §  307. 
Cities  of  second  class,  superintendent,  duties  and  liabilities.  Act  2348,   §§374,  375, 

376. 
Cities  of  second  class,  superintendent,  effect  of  records  of.  Act  2348,  §  373. 
Cities  of  second  class,    superintendent,    office    of.    Act  2348,  §  374. 
Cities  of  second  class,  superintendent,  records  open  to  inspection,  Act   2348,  §  373. 
Cities  of  third  class,    funds    to    be    expended    for    street    purposes    only.    Act  2348, 

§  534. 
Cities  of  third  class,    improvements    in,    provisions    governing,    Act  2348,  §§  531, 

532. 
Cities  of  third  class,  superintendent,  salary  of.  Act  2348,  §  506. 
Cities  of  fourth  class,   commissioner,   bond  of.   Act  2348,  §  607. 
Cities  of  fourth  class,    commissioner,    deputies   of.    Act  2348,  §  672. 
Cities  of  fourth  class,  commissioner,  powers  and  duties  of.  Act  2348,  §  678. 
Cities  of  fourth  class,   commissioner,   salary  of.   Act  2348,  §  609. 
Cities  of  fourth  class,  commissioners,  election  and  term  of  office,  Act  2348.  §  602. 
Cities  of  fourth  class,  improvement  of,  provisions  relating  to.  Act  2348,  §§  627-630. 
Cities  of  fourth  class,   public,  what  are.   Act  2348,  §  627. 
Cities  of  fifth  class,  street  improvements  in.  Act  2348,  §§  771,  772,  777. 
Cities  of  fifth  class,     superintendent,    appointment    and    term    of    office.    Act  2348, 

§752. 
Cities  of  fifth  class,   superintendent,   city  marshal  is  ex  officio.   Act  2348,  §  751. 
Cities  of  sixth  class,   street  work   in,   Act  2348,  §§  869,   870. 
Cities  of  sixth  class,  superintendent  of  streets,  power  of  supervisors  to  appoint,  Act 

2348,  §  852. 


1734  INDEX. 

STREETS.      (Continued.) 

III.     Improvements   under  local  Improvement   act   of   1901. 
Abandonment  of  work,  Act  3929,  §  19. 

Assessments,  action  to  contest  and  appeal  in,  Act  3929,  §  9. 
Assessments,  day  of  payment  and  notice  of,   Act  3929,  §  12. 
Assessments,  deferred  payments.   Act  3929,  §  13. 
Assessments,  delinquent,    sale   of   property.    Act  3929,  §§  13,    14, 
Assessments,  excess,   refunding.   Act  3929,  §  21. 
Assessments,  levy  of,   Act  3929,  §  5. 

Assessments,  sale,   redemption   of  property,   Act  3929,  §§  15,   16. 
Assessments,  second.   Act  3929.  §  26. 
Assessments,  special,  lien  of,  Act  3929,  §  22. 
Assessments,  special,  lien  of,  notice  of.  Act  3929,  §  22. 
Assessments,  special,  protest  not  allowed.  Act  3929,  §  21. 
Assessments,  when  become  lien,   Act  3929,  §§5,   8. 
Bond,  limit  on  rate  of  interest.  Act  3929,  §  5. 
Contracts  for  work,  letting  on   bids.   Act   3929,  §  19. 
Contracts  for  work,  what   to   provide.  Act  3929,  §  19. 
Effect  of  act  on  prior  acts.  Act  3929,  §  25. 
Engineer,  report  of,  Act  3929,  §  4. 
Engineer,  report  of,  adopting,  Act  3929,  §  5. 

Engineer's  report,   resolution  adopting,   what   to   contain,  Act  3929.  §  5, 
Engineer,  work  to  be  referred  to,  Act  3929,  §  3. 
Funds,  excess,  refunding.  Act  3929,  §  21. 

Local  improvement  bonds,  form,  issuance    and    sale,  Act  3929,  §  18. 
Local  improvement  bonds,   sale  of  and  disposal  of  proceeds,   Act  3929,  §  18. 
Map  and  list,   recording.   Act  3929,  §  11. 

Map  and  list,    transmitting  to   tax   collector.   Act  3929,  §  10. 
Minority  frontage,   improvement,  procedure,   Act  3929,  §  23. 
Notice  of  improvement,  posting  of.  Act  3929,  §§6,  7. 
Objection  to  improvements.  Act  3929,  §  7, 
Open-  streets,  what  deemed  to  be.  Act  3929,  §  1. 
Power  to  order  work  to  be  done.  Act  3929,  §  1. 
Protest  against  second  assessment  not  allowed.  Act  3929,  §  20. 
Resolution  adopting  engineer's  report,  what  to  contain.  Act  3929,  §  5. 
Resolution   adopting  report,   setting   aside,   modifying,    etc..   Act  3929,  §  8. 
Tax-collector,  funds  collected  by  to  be  paid  to  treasurer,  Act  3929,  §  17. 
Tax-collector,  repoit  of.  Act  3929,  §  18. 
Work,  application  for  acceptance  of.  Act  3929,  §  19. 
Work,  commencement   and   completion.    Act  3929,  §  19. 
Work,  payment  not  to  be  made  until  accepted.  Act  3929,  §  19. 
Work,  supervision  of,  Act  3929,  §  19. 

IV.     Improvement  under  act  of  1903,  providing  for  formation  of  districts. 

Alternative  method  of  improvement,  provides.  Act  3928,  §  36. 
Assessments,  delinquent.  Act  3928,  §§22  et  seq. 
Assessments,  delivery  to  superintendent.  Act  3928,  §  20. 
Assessments,  description  in.  Act  3928,  §  17. 
Assessments,  errors  or  mistakes.  Act  3928,  §  17. 
Assessments,  finality  and  conclusiveness  of.  Act  3928,  §  19. 
Assessments,  form  of.   Act  3928,  §  17. 
Assessments   includes   what   expenses.    Act  3928,  §  16. 
Assessments,  lien,  when  attaches.  Act  3928,  §  20. 


INDEX.  1735 

STBITETS.  IV.  Improvement  under  act  of  1903,  providing  for  formation  of  dis- 
tricts.     (Continued.) 

Assessments,  name  of  owner,   Act  3928,  §  17. 

Assessments,  notice  of.  Act  3928,  §§  18,  20. 

Assessments,  notice  to  pay.  Act  3928,  §  22. 

Assessments,  objections  to,  hearing  of  and  decision.   Act  3928,  §§  18,   19. 

Assessments,  payment  of.  Act  3928, §§  22,  24. 

Assessments,  payment  of   collections   to    city   treasurer,   Act  3928,  §  30. 

Assessments,  payment  by   offset,   Act  3923,  §  21. 

Assessments,  recording.   Act  3923,  §  20. 

Assessments,  redemption.  Act  3923,  §§  27,  28. 

Assessments,  sale  for,  Act  3928,  §§23  et  seq. 

Assessments,  sale   for,   deed  on,   Act  3928,  §§  28,   29. 

Assessments  supplementary.  Act  3928,  §  32. 

Assessments,  surplus,  disposal  of.  Act  3928,  §  32. 

Assessments  to  be  written.  Act  3928,  §  17. 

Awards,  payment  of.  Act  3928,  §  31. 

Condemnation,  payment  of  awards,  Act  3928,  §  31. 

Condemnation  proceedings.  Act  3928,  §§  5-15,  §  31. 

Construction,  liberal,  to  be  given  act.  Act  3928,  §  37. 

Definition  of  terms  used  in  statute,   Act  3928,  §  33. 

Effect  of  statute  on  prior  act.  Act  3928,  §  36. 

Notice,  posting  and  publication  of.  Act  3928,  §  3. 

Notice,  posting  of  where  no  newspaper,  Act  3928,  §  34. 

Notice,  proof  of  publication  and  posting.  Act  3928,  §  35. 

Notice,  what  only  need  be  given,  Act  3928,  §  34. 

Order  for  improvement.  Act  3928,  §  5. 

Ordinance  declaring  intention  and  describing  improvement  and  district.  Act  3928, 
§2. 

Powers  of  supervisors  over  streets.  Act  3928,  §  1. 

Protests  against  improvement  and  district,  Act  3928,  §  4. 

Surplus,  disposal  of.  Act  3928, §  32. 

V.     Improvements  under  act  of  1889    (repealed  as  to  cities  over  forty  thousand). 

Act  liberally  construed.  Act  3927,  §  25. 
Assessment,  notice  as  to  payment.  Act  3927,  §  16. 
Assessment-roll,  what  constitutes,  Act  3927,  §  15. 
Assessments,  Act  3927,  §§  9   et   seq. 
Assessments,  become  lien  when,  Act  3927,  §  15. 
Assessments,  payment  and  delinquency.  Act  3927,  §  16. 
Assessments,  sale,  redemption,  deed,  Act  3927,  §  16. 
Assessments,  supplementary,  Act  3927,  §  20. 

Commissioners  to  assess  benefits  and  damages,  Act  3927,  §§  6  et  seq. 
Definitions  of  terms  used  in  act.  Act  3927,  §  23. 
Notice  of  improvement,  posting  and  publishing.   Act  3927,  §  3. 
Notice  of  filing  of  plat  and  report.  Act  3927,  §  13. 
Notices,  posting  of  when  no   newspaper,   Act  3927,  §  23,   subd.  2. 
Notices,  proof  of  posting  or  publishing.  Act  3927,  §  23,  subd.  2. 
Notices,  what  only  necessary,  Act  3927,   §  23,  subd.  8. 
Objections  to  improvements.   Act  3927,  §  4. 

Objections  to  improvement,   hearing  and  decision  on,  Act  3927,  §  S. 
Objections  to  report.  Act  3927,  §  13. 
Overseers,    designation   of.    Act  3927,  §  12. 

Payment  for  land  and  improvements,  condemnation  proceedings  os  refusal,  Act 
3927,  §§  18,  19. 


I 


1736  INDEX, 

STREETS.     V.  Improvements  under  act  of  1889    (repealed  as  to  cities  oyer  forty 

thousand).      (Continued.) 
Payment  for  land  and  improvements,  when  and  how  made,  Act  3927,  §  17. 
Payments,   how  made.   Act  3927,  §  8. 
Plat  of  assessment  district.  Act  3927,  §§10  et  seq. 

Proceedings  commenced  before  passage  of  act,  how  continued.  Act  3927,  §  24. 
Proceedings  when  boundaries  of  district  affect  whole  city.  Act  3927,  §  22. 
Publications,  what  only  necessary.  Act  3927,  §  23,  subd.  8. 
Report   of  commissioners.   Act  3927,  §§  10   et   seq. 
Resolution  of  intention   to  perform   street  work.   Act  3927,  §  2. 

Superintendent,  copy  of  report,  assessment  and  plat  to  be  sent  to,  Act  3927,  §  15. 
Superintendent,  duty  on   receiving   report,   Act  3927,  §  16. 
Supervisors,  general  power  over  streets,  Act  3927,  §  1. 
Surplus  funds,  disposal  of.  Act  3927,  §  20. 
Title,  defective  proceedings  in  case  of.  Act  3927,  §  21, 
Unknown  owners,  when  set  down  to.  Act  3927,  §  12. 
Viewing  land  and  examining  witnesses,  Act  3927,  §  9. 
Warrants,  Act  3927,  §  8. 

VI.     Improvements  under  act  of  1893,  relating  to  cities  of  forty  thousand  or  orei. 

Assessment-roll,  Act  3931,  §  15. 

Assessments,  collections,   disposal  of.   Act  3931,  §  16, 

Assessments,  delinquent.  Act  3931,  §  16. 

Assessments,  how  apportioned,  Act  3931,  §  9. 

Assessments,  lien,  when  becomes.  Act  3931,  §  15. 

Assessments,  notice  of  time  of  payment  and  delinquency.  Act  3931,  §  16. 

Assessments,  payment.  Act  3931,  §  16. 

Assessments,  penalties.   Act  3931, §  16. 

Assessments,  sale  of  property,  redemption,  deed,  Act  3931,  §  16. 

Board  of  audit,  who  constitute,  and  duties  of,  Act  3931,  §  22. 

Claims,  allowance  and  payment.  Act  3931,  §  22. 

Commissioners,  appointment,  duties,  term  of  office  and  compensation.  Act  3931,  5  6. 

Commissioners,  board  of  public  works  to  act  as.  Act  3931,  §  6.  f 

Commissioners,  bond  of,  Act  3931,  §  6.  i 

Commissioners,  conflicting  claims  or  titles,  proceedings  in  case  of.  Act  3931,  §  12. 

Commissioners,  offices  and  employees.  Act  3931,  §  7.  | 

Commissioners,  report  and  diagram,   Act  3931,  §§  10,  11.  j 

Commissioners,  report,   assessment   and  plat,   copy  to  be  sent  superintendent.   Act       I 

3931,  §  15. 
Commissioners,  report,  errors  or  irregularities,  effect  of,  Act  3931,  §  12. 
Commissioners,  report,  filing  and  notice  of.  Act  3931,  §  13. 
Commissioners,  report,  objections  to,  hearing  of  and  decision.  Act  3931,  §  14. 
Commissioners,  report,  time  to  file,  Act  3931,  §  14. 
Commissioners,  viewing  land  and  determining  value.  Act  3931,  §  9. 
Damages,  notice  of  award  and  payment.  Act  3931,  §  17. 
Damages,  refusal   to  accept,  proceedings  on,   Act  3931,  §  18. 
Definition  of  terms  used  in  act,  Act  3931,  §  21. 
Expenses  of  improvement,  what  part  of,  Act  3931,  §§  8,  9. 
Notice,  posting  and  publishing,  Act  3931,  §  3. 
Notices,  posting  of  where  no  newspaper.  Act  3931,  §  2. 
Notices,  proof  of  publication  or  posting,  Act  3931,  §  2. 
Objection  by  majority  stops  work.   Act  3931,  §  5. 
Objection,  hearing  and  decision.  Act  3931,  §  5. 
Objection,  sustaining  of,  new  proceedings,  when  may  be  commenced.  Act  3931,  §  5. 


INDEX.  l',37 

STREETS.     VI.  Improvements  under  act  of  1893,  relating  to  cities  of  forty  thou- 
sand or  over.      (Continued.) 
Objection  to  improvement,  Act  3931,  §  4. 
Payments,  how  made.   Act  3931,  §§8,   16. 
Power  of  city  council,  Act  3931,  §  1. 
Resolution  of  intention.  Act  3931,    2. 

Superintendent,  appointment  of  officer,   in  cities  without.  Act  3931,  §  22,   subd.  4. 
Title,  defective,  proceedings  in  case  of,  Act  3931,  §  20. 
Warrants,  Act  3931,  §  8. 
Warrants,  payment  of,  Act  3931,  §  19. 

vn.     Improvements  under  general  street  law  of  1885  (Vrooman  act). 
Abandonment,   expense   borne   by   city.    Act  3930,  §  5. 
Acceptance  of   streets.  Act  3930,  §  20. 
Accepted  streets,   repair  of.   Act  3930,  §  20. 
Assessments,  action  on,  attorney's  fee.  Act  3930,  §  12. 
Assessments,  action  on,   evidence,   Act  3930,  §  12. 
Assessments,  action  on,  judgment  and  appeal.  Act  3930,  §  12. 
Assessments,  action  on,    right    of.    Act  3930,  §  12. 
Assessments,  action  on,   sale   and  redemption,   Act  3930,  §  12. 
Assessments,  action  on,  service  where  owner  cannot  be  found,  Act  3930,  §  12. 
Assessments,  action   on,   where   brought,   Act  3930,  §  12. 
Assessments   and   diagram,   recording.    Act  3930,  §  9. 
Assessments,  appeal,   hearing  and  determination.   Act  3930,  §  11. 
Assessments,  appeal   to   city   council.   Act  3930,  §  11. 

Assessments,  apportionment,  where  city  iiays  part  of  expenses.  Act  3930,  §  26> 
Assessments,  defect  in  proceedings,  effect  of,  Act  3930,  §  11. 
Assessments,  diagram.  Act  3930,  §  8. 

Assessments,  diagram,  and  warrant,  delivery  to  contractor,  Act  3930,  §  9, 
Assessments,  how  apportioned,  Act  3930,  §  7. 
Assessments,  irregular,    second   assessment.    Act  3930,  §  9. 
Assessments,  lien,  failure  to  return  warrant,  effect  on,  Act  3930,  §  10, 
Assessments,  lien  of,  when   attaches,   Act  3930,  §  9. 
Assessments,  power  of,  Act  3930,  §  8. 

Assessments,  proportionate,    on   completion   of   part   of   work.    Act  3930,  §  121/4. 
Assessments,  second,   lien   of.   Act  3930,  §  9. 

Assessments,  superintendent's  authority  to   receive  payment.   Act  3930,  §  10. 
Assessments,   superintendent  to  make.  Act  3930,  §  8. 
Assessments  upon  lands  within  a  district.  Act  3930,  §  7,   subd.   12. 
Authority  to  order  improvements.  Act  3930,  §  2. 
Bond  of  contractor.  Act  3930,  §  5. 

Bond  to  secure  claims  for  labor,  materials,  etc..   Act  3930,  §  6V2- 
City  pays  expenses  in   excess  of  one-half  assessed  valuation.   Act  3930,  §  3. 
Completion,  failure  of,   reletting  unfinished  work.  Act  3930,  §  5. 
Construction,   liberal,   of  act,   3930,  §§  12,   53. 
Contract,  bidder  to  advance  cost  of  publications,  Act  3930,  §  5. 
Contract,  bids,  consideration  of  and  rejection  of,  Act  3930,  §  5. 
Contract,  bids,  how  made.  Act  3930,  §  5. 

Contracts,  bids  of  former  bidders  rejected,  when,  Act  3930,  §  5. 
Contract,  bond  of  contractor.   Act  3930,  §  5. 
Contract,  election  of  owners   to   take  work,   Act  3930,  §  5. 

Contract,  failure   of   owners   or   bidder   to    enter  into   new   bids.    Act  3930,  §  5. 
Contract,  failure   to   enter  into   contract,   forfeiture  of   check,   Act  3930,  §  5. 
Contract,  notice  calling  for  proposals.  Act  3930,  §  5. 


1738  INDEX. 

STEEETS.     vn.  Improvements  nnder  general  street  law  of  1885    (Vrooman  act), 

(Continued.) 
Contract,  notice  of  award  of,  Act  3930,  §  5. 
Contract,  provisions  in,  Act  3930,  §  6. 

Contract,  superintendent,  powers  in  relation  to.  Act  3930,  §  6. 
Costs   and  expenses,   payment  of  by   city.   Act  3930,  §  26. 
Cross-walks   or   sidewalks,   power   of   council   over,  Act   3930,  §§  24,  25. 
Culverts,    cesspools,    sewers,    manholes,    etc.,    power    of    council    over.    Act    3930, 

§§  24,  25. 
Definition  of  terms  used  in  act,  Act  3930,  §  34. 
District  assessed,  diagram  of.   Act   3930,  §  7,   subd.   12. 
District,  assessment  of  land  within.  Act  3930,  §  7,  subd.  12. 
Election  of  owners  to  take  work,  Act  3930,  §  5. 

Engineering  work   who   to   perform   and  compensation,    Act   3930,  §  34. 
Estimate  of  expenses  by  city  engineer,  Act  3930,  §  3. 

Expenses  exceeding  one-half  assessed  value,  city  pays  excess,  Act  3930,  §  3. 
Grades,  changing  or  modifying,  power  of  supervisors.  Act  3930,  §  38. 
Grades,  changing,  assessment  becomes  a  lien,  when,  Act  3930,  §  48. 
Grades,  changing,  assessment,  collections,  disposal  of,  Act  3930,  §  49. 
Grades,  changing,  assessment,  delinquent,  Act  3930,  §  49. 
Grades,  changing,  assessment,  manner  of.  Act  3930,  §  47. 
Grades,  changing,  assessment,  notice  of  time  of  payment,  Act  3930,  §  49, 
Grades,  changing,  assessment,  payment,  penalties.  Act  3930,  §  49. 
Grades,  changing,  assessment-roll.  Act  3930,  §  48. 

Grades,  changing,  assessment,  sales,  redemption    and   deed,  Act  3930,  §  49. 
Grades,  changing,  assessment  when  due.  Act  3930,  §  48. 
Grades,  changing,  commissioners,  oaths  of.  Act  3930,  §  41. 
Grades,  changing,  commissioners,  powers  of.  Act  3930,  §  42. 
Grades,  changing,  commissioners,  reports  and  diagram.  Act  3930,  §§  44,  45. 
Grades,  changing,  commissioners    to    assess    damages,    who    constitute,    Act    3930, 

§  40. 
Grades,  changing,  contracts,  how  entered  into.  Act  3930,  §§  46,  47. 
Grades,  changing,  damages,  assessment  of,  Act  3930,  §  43. 
Grades,  changing,  damages,  condemnation    proceedings    on    refusal    to    accept.    Act 

3930,  §  51. 
Grades,  changing,  damages,  notice  of  award  of,  Act  3930,  §  50. 
Grades,  changing,  errors  or  irregularities,  effect  of,  Act  3930,  §  45. 
Grades,  changing,  notice  of  and  publication  of.  Act   3930,  §  38. 
Grades,  changing,  objections  to,  Act  3930,  §  38. 
Grades,  changing,  petition  for  damages,  Act  3930,   §  39. 
Grades,  changing,  petition  for.  Act  3930,  §  39. 
Grades,  changing,  report,  assessment  and  plat,  copy  to  be  sent  superintendent.  Act 

3930,  §  48. 
Grades,  changing,  report,  objections  to  hearing  and  determination,  Act  3930,  §  46. 
Grades,  changing,  resolution   of   intention.   Act   3930,  §  38. 
Injuries  from  defects  in,  liability  for.  Act  3930,  §  24. 
Laborer,  bond  to  protect,  and  claims  of,  Act  3930,  §  6i^. 
Lessee,  liability  of  and  rights  on  payment.   Act   3930,  §  17. 
Materialman,    bond  to  protect  and  claim  of.  Act  3930,  §  6V2, 
Notice,  how  served.  Act  3930,  §  19. 
Notice  of  street  work,  posting.  Act  3930,  §  3. 
Objections  to  work.  Act  3930,  §  3. 

Open  public  streets,  what  deemed  to  be,  Act  3930,  §  1. 
Owners  doing  work  other  than  grading,  and  rights  on.  Act  3930,  §  7,  subd.  10. 


I 


INDEX.  i739 

STEEETS.     vn.  Improvements  under  general  street  law  of  1885    (Vrooman  act). 

(Continued.) 

Owners,  right  to  grade  and  allowance  for  grading,  Act  3930,  §  7,  subd.  10. 

Owner,  who  deemed  to  be.  Act  3930,  §  16. 

Performance,  supervisors  may  prescribe  rules  as  to,  Act  3930,  §  6. 

Performance,    to  be  to  satisfaction  of  superintendent,  Act  3930,  §  6. 

Petition   for   street  work,   Act   3930,  §  4. 

Posting,  necessity  of  and  proof  of,   Act   3930,  §  34,   subd.   4. 

Posting,  when  permitted  and  how  made,  Act  3930,  §  34,  subd.  4. 

Power  of  supervisors  over,  Act  3930,  §  1. 

Publications,  necessity  of,  how  made,  Act  3930,  §  34,  subd.  4. 

Publication,  proof  of.  Act  3930,  §  34,  subd.  4. 

Records  of  superintendent    effect  of.  Act  3930,  §  18. 

Records  of  superintendent  open  to  public.   Act  3930,  §  18. 

Repair,  injuries   from   want   of,    liability   for,    Act    3930,  §  23. 

Repair  of  accepted  streets.  Act  3930,  §  20. 

Repairs,  acticJn   against   owner  by  per.son   making.   Act  3930,  §  14. 

Repairs,  notifying  owner  to   make,   Act   3930,  §  13. 

Repairs,  penalties  for  failure  to  make,  prescribing.  Act  3930,  §  15. 

Repairs,  power  of  city  council  over.    Act  3930,  §§  24,  25. 

Repairs,  proceedings  where  owner  fails  to  make.  Act  3930,  §  13, 

Repealed  in  so  far  as  it  relates  to  sidewalks,  Act  3935,  §  20. 
:     Resolution  of  intention.  Act  3930,   §  3. 

Resolution  of  intention,  excluding  excepted  work,  Act  3930,  §  7,  subd.  11. 

Resolution  of  intention,  what  may  include,  Act  3930,  §  7,  subd.  11. 

Sewers.      See  Sewers. 

Superintendent,  appointment   of  person   to    supervise    work    and   compensation   of. 
Act  3039,  §  35. 

Superintendent  authorized  to  make  contracts.   Act   3930,  §  6. 
'     Superintendent,  bond  of,  Act  3930,  §  22. 

Superintendent,  duties  and  liabilities  generally.  Act  3930,  §§21,   22,  23. 

Superintendent,  duty  where  repairs  are  needed,  Act  3930,  §  13. 

Superintendent,  oaths,  may  administer.  Act  3930,  §  19, 

Superintendent,  ofBce  of.  Act  3930,  §  21. 

Superintendent,  records   of,   efifect   of.   Act   3930,  §  18. 

Superintendent,  records  over  to  examination.   Act   3930,  §  18. 

Superintendent,  time,   extension  of.   Act   3930,  §  6. 

Superintendent  to  fix  time  for  commencement  and  completion,  Act  3930,  §  6. 

Superintendent  to  receive  bonds.  Act  3930,  §  6. 

Superintendent,  work  to  be  to  satisfaction  of.  Act  3930,  §  6, 

Supervisors  acquire  jurisdiction,  when.  Act   3930,  §  3. 

Supervisors  may  order  streets  improved.  Act  3930,  §  2. 

Supervisors,  powers  over  streets,  Act  3930,  §  2. 

Surveying  and  engineering  work,  who   to  perform,   and   compensation.    Act   3930, 
§  34. 

Surveys,  record  of.  Act  3930,  §  34. 

Time  for  commencement  and  completion  of  work.   Act  3930,  §  6, 

Time  for  completion,   extension  of.  Act   3930,  §  6. 

Warrants,  delivery  to   contractor.   Act   3930,  §  9. 

Warrants,  demand  of  payment.  Act  3930,  §  10. 

Warrants,  demand  of  payment  where  owner  cannot  be  found  or  unknown,  Act  3930, 
§  10. 

Warrants,  failure  to  return,  effect  on  lien,  Act  3930,  S  10. 

Wftrr»nt8,  form  of.  Act  3930,  i  9. 


k 


1740  INDEX. 

STREETS.     "VII.  Improvements  under  general  street  law  of  1885    (Vrooman  act). 

(Continued.) 
Warrants,  interest  on,  Act  3930,  §  10. 
Warrants,  paj'ment,  receipt.  Act  3930,  §  10. 
Warrants,  recording.   Act  3930,  §  9. 

Warrants,  return   of   to   superintendent,    and   proceedings   on,    Act    3930,  §  10. 
Warrants,  superintendent's  autliority  to  receive  payment,  Act  3930,  §  10. 

VIII.     Improvements   under   street  improvement   act   of   1909. 

Assessment  district.  Act  -3934,  §  2. 

Assessments,  delinquent,  payment   of,  Act  3934,  §  13. 

Assessments,  delinquent,  publication  of,   Act   3934,  §  13. 

Assessments,  delinquent,  sale  of  property  advertised,  proceedings  on.  Act  3934, 
§§  14,   15. 

Assessments,  delinquent,  sale  of  property,  deed  to  purchaser.  Act  3034,  §  17. 

Assessments,  delinquent,  sale   of   property,   redemption.   Act    3934,  §§  16,  17. 

Aessessments,  delinquent,    sales,   report   of   collections.  Act    3934,  §'18. 

Assessments,  disposition   of   funds   collected.    Act   3934,  §  18. 

Assessments,  duty  of  commission.   Act  3934,  §  10. 

Assessments,  notice  of,  Act  3934,  §  12. 

Assessments,  recording  of.  Act  3934,  §  12. 

Assessments,  report  by  commission,  action  of  legislative  body  on.   Act   3934,  §  12. 

Assessments,  report  by  commission,  hearing  on  and  objections  to.  Act  3934,  §§  11, 
12. 

Assessments,  report  by  commission,  majority  may   report.    Act   3934,  §  10. 

Assessments,  report  by  commission,  what  to  show.  Act  3934,  §  10. 

Assessments,  supplemental,  on  deficiency,  Act  3934,  §  21. 

Authority  to  order  improvements.  Act  3934,  |  1. 

Certain  acts  not  affected  by.  Act  3934,  §  23, 

Commission  to  assess  damages,  appointment,  powers  and  duties  of,  Act  3934, 
§§6,   7. 

Construction  of  to  be  liberal.  Act  3934,  §  24. 

Damages,  claims  for,  proceedings.  Act  3934,  §  8. 

Damages,  notice  of  payment  of.  Act  3934,  §  19. 

Damages,  petitions  to  assess,  proceedings  on.  Act  3934,  §  7. 

Damages,  refusal    to    accept    award   of,    proceedings.    Act    3934,  §  20. 

Funds,  disposition  of  moneys  collected.   Act  3934,  §  18. 

Funds,  transfer  of  moneys  from  general  fund  to  improvement  fund  to  expedite  im- 
provement. Act  3934,  §  18. 

Improvement,  what  work  may  be  included  in.  Act  3934,  §  2. 

Jurisdiction  to   order  improvement,   when   acquired.   Act   3934,  §  5. 

Meaning  of  certain  words  and  phrases  in,  Act  3934,  §  22. 

Name  of  act.  Act  3934,  §  24. 

Notice  of  street  work,  posting  and  publication  of,  Act  3934,  §§3,  4. 

Proceedings,  when  improvement    ordered.  Act  3934,   §  5. 

Protest   against   improvement,    Act    3934,  §§  2,    4. 

Kesolution  of  intention,  contents  of.  Act  3934,  §  2. 

Resolution  of  intention,  passage  of.  Act  3934,  §2. 

Resolution  of  intention,  posting   and  publication  of,   Act   3934,  §  3, 

Work,  acceptance   of.    Act    3934,  §  9. 

Work,  contract   for,   award  of,   Act   3934,  §  9. 

Work,  contract  for,  failure  to  complete  or  abandonment  of,  reletting  contract,  Ad 
3934,  §  9. 

Work,  contract  for,  what  to  provide.  Act  3934,  |  9. 


INDEX.  1141 

STREETS.  Vin.  Improvements  under  street  Improvement  act  of  1909.  (Con- 
tinued.) 

Work,  contract  for,  when  signed,  clerk  to  certify  amount  of  contract  price,  Act 
3934,  §  9. 

Work,  proposals  and  bids  for  doing,  Act  3934,  §  9. 

Work,  supervision  of,  Act  3934,  §  9. 

IX.     Under  act  of  1909  providing  for  work  upon  sidewalks  and  curbing!. 
Assessments,  actions   on,   Act   8935,  §  11. 

Assessments,  cities   liable   for   what   portion   of   work,    Act   3935,  §  6. 
Assessments,  defects  in,   curing  of.  Act  3935,  §  8. 
Assessments,  how  made.  Act  3935,  J  7. 
Assessments,  lien  of.  Act  3935,  §  8. 
Assessments,  objections  to.   Act  3935,  §  10. 
Assessments,  rights  of   lessees   regarding.     Act   3935,  §  15. 
Assessments,  superintendent   of  streets  to  make,   Act   3935,  §§6,  7. 
Assessments,  warrants,   demands  on.   Act  3935,  §  9. 
Assessments,  warrant  for  and  rights  under.  Act  3935,  §§  8,  9. 
Assessments,  warrants,   lost,   duplicates.   Act   3935,  §  9. 
Assessments  warrants,  payment  of.  Act  3935,  §  9. 
Assessments,  warrants,  return  and  record  of.  Act  3935,  §  9. 
Assessments,  what  lands  liable  for.  Act  3935,  §  6. 
Authority  to  order  work  on  sidewalks.   Act  3935,  §  2. 
Curbing,  inclusion  of  in   improvement.   Act   3935,  §  19, 
Curbing,  order  for,  proceedings   on.    Act   3935,  §  19. 
Definition  of  certain  terms.  Act  3935,  §§  14,  18. 
Definition  of  public  streets.   Act   3935,  §  1. 
Effect  of  act  on  prior  acts,  Act  3936,  §§  19,  20. 
Effect  of  on  general  street  law  of  1885,   Act  3935,  §§  19,20. 
Estimates  of  costs  and  expenses,   Act   3935,  §  2. 
Jurisdiction  to  order  work,  when  acquired,  Act  3935,   §  2. 
Lessees  paying  assessments,  rights  of,  Act  3935,  §  15. 
Notice  of  sidewalk  work,  posting  and  publication  of.   Act  3935,  S  2. 
Notices,  record  of  giving,  serving  and  posting,  Act  3935,  §  17. 
Notices,  who  may  serve  or  post,  Act  3935,  §  17. 
Objections  to  improvement,  Act  3935,  §  2. 
Owner,  defined,  Act  3935,  §  14. 

Owner,  right  of  to  construct  sidewalk,  Act  3935,  §  6. 
Owners  may  petition  for  construction  of  work.  Act  3935,  §  3. 
Records,  duty  of   superintendent   of   streets   to   keep.    Act   3935,  §  17. 
Records  of  superintendent  of  streets,  effect  of  and  right  to  inspect.  Act  3935,  §  16. 
Repairs  to   sidewalks,   compelling.  Act  3935,  §§  12,   13. 

Resolution  of  intention,  passage,  posting  and  publication  of.  Act  3935,  §  2. 
Superintendent  of  streets,  compelling  repairs  to  sidewalks.  Act  3935,  §  12. 
Superintendent  of  streets,  powers  and  duties  of,  Act  3935,  §  5. 
Superintendent  of  streets,  records  of,  duty  to  keep,  effect  of  and  right  to  inspect, 

Act  3935,  §  16. 
Work,  award,  notice  of,  Act  3935,  §  4. 

Works,  contract  for,  bond  of  contractor.   Act  3935,  §§4,   6. 
Works,  contract  for,  entry  into.  Act  3935,  §§4,   5. 
Works,  costs  of  publication  and  posting,  Act  3935,  §  4. 
Work,  election  by  owners  to  take.  Act   3935,  §  4. 
Works,  engineer,  certificate  by,  effect  of,  Act  3935,  §  17, 
Works,  engineering  and  surveying,  Act  3935,  S  17. 


1742  INDEX. 

STREETS.     IX.  Under  act  of  1909  providing  for  work  upon  sidewalks  and  curl- 
ings.     (Continued.) 
Works,  failure  of  bidder  to  enter  into  contract,  proceedings.  Act  3935,  §  4. 
Works,  manner  of  executing.   Act   3935,  §  5. 
Work,  objections  to.  Act   3935,  §  10. 
Work,  proposals  and  bids  for.  Act  3935,  §  4. 
Work,  re-advertising  for  proposals  and  bids,  Act  3935,  §  4. 
Works,  right  of  owner  to  construct   sidewalk,  Act   3935,  §  6. 
Works,  time  for  commencement   and  completion,   Act  3935,  §  5. 

X.     Improvements  under  change  of  grade  act  of  1909. 

Alternative  method  provided  by,   Act  3936,  §  7. 

Change,  order  for,  publication  and  posting  of,  Act  3936,  §  4. 

Change,  subsequent  changes,   Act   3936,  §  5. 

Change,  when  ordered.  Act  3936,  §  4. 

Effect  of  act  on  prior  acts.  Act  3936,  §  7. 

Jurisdiction,  when  acquired.  Act  3936,  §  4. 

Meaning  of  certain  words,   Act  3936,  §  6. 

Name  of  act.  Act  3936,  §  7. 

Notice  of  change  of  grade,  posting  and  publication  of.  Act  3936,  §  2. 

Owner,  who  deemed  to  be.  Act  3936,  §  5. 

Power  of  city  council  to  change  grade.  Act  3936,  §  1. 

Protests  by  owners.  Act  3936,  §§3,  4,  5. 

Resolution  of  intention,  contents  of.  Act  3936,  §  2. 

Resolution  of  intention,  passage,  posting  and  publication  of.  Act  3936,  §  2. 

STRIKES. 

Misrepresentations  of  conditions  of  employment  a  misdemeanor,   Act   2140. 

SUBPOENAS. 

Costs  for  serving.  Acts  782,  1120. 

SUBTERRANEAN  WATERS. 

Artesian  wells,  regulation  of  use  of.  Act  4356. 
Prevention  of  waste  of,  Act  4356. 

SUCCESSION, 

Law  governing.  Act  927. 

Collateral   inheritances,   tax  on,   Act  4040. 

Taxes  on.      See  Taxation. 

SUISUN  CITY. 

Streets,  trustees  authorized  to  grade  and  improve.  Act  3938. 

SUISUN  RIVER. 

Navigability  of.  Act  4358. 

SUMMARY  PROCEEDINGS, 

Forcible  entry  and  unlawful  detainer,  act  concerning.  Act  1208. 

SUMMONS. 

Costs   for  serving.   Acts  782,   1120. 

Foreign  corporations  to  designate  person  upon  whom  process  may  be  served.  Acts 

774,  775. 
Service  of  upon  absent  defendants,  Act  3943. 


INDEX.  ]743 

SUNDAY. 

Baking  prohibited  between  6  P.  M.  Saturday  and  6  P.  M.  Sunday,  Act  3951. 
Barbarous   and   noisy   amusements,   prohibition   of,   on.   Act   3948. 
Employee   entitled  to   one   day  in  seven   for  rest,   Acts   2137,   3952. 
Providing  for  better  observance   of.   Acts   3949,    3950. 

SUPERINTENDENT    OF    PUBLIC    INSTRUCTION.     See    Schools. 

SUPERINTENDENT  OF  IRRIGATION. 

Election  of,  in  cities  of  fourth  class.  Act  2348,  §  601. 

SUPERINTENDENT  OF  SCHOOLS.      See  Schools. 
I  Districts,  organization  of  confirmed.  Act  3537. 

Women  eligible  to  office  of,  Act  837,  §  54. 

SUPERINTENDENT  OF  STATE  PRINTING.      See  State  Printer. 

SUPERINTENDENT  OF  STREETS.      See  Streets. 

SUPERIOR  COURT. 

Acknowledgments  taken  before  clerks  of  Talidated,  Act  17. 

Juvenile  court.      See  Juvenile  Court. 

Sheriff,  duty  of  in  regard  to  attendance  upon,  Act  837,  §  102. 

SUPERIOR  JUDGES. 

Bonds    of    supervisors,    fix.    Act    837,  §  66. 

Counties  of  the  fifteenth  class,  salary  of.  Act  837,  §  172,  subd.  7. 

Instructions   to   grand  juries.   Act   837,  §  9. 

Los  Angeles  County,   three  additional  judges  for,  Act  2014. 

Orders  for  production  of  original  papers  by  county  county  cleric.  Act  2348,  §  125. 

Particular  county.      See  particular  title. 

Powers  formerly  possessed  by  district,   county,  and  probate  courts,   conferred  on. 

Act  846. 
San  Joaquin  County,   additional  judge  for,  Act  3366. 
Shasta   County,   additional  judge  for.   Act   3599. 
Secretary,  judges  in  cities  and  cities  and  counties  over  two  hundred  thousand,  may 

appoint.  Act  845. 

SUPERVISORS. 

Accounts  kept  at  office  of  clerk  and  open  for  inspection.  Act   837,  §  24. 
Agricultural  resources,  report  of  to  state  board  of  equalization,  Act  837,  §  48. 
Agriculture,    to    furnish    statistics    of    products    annually    to    secretary    of    state 

agricultural  society.   Act  837,  §  66a. 
Allowances,    limits   on   powers   of.    Act    837,  §  36. 

Annual   statistical   report   of   financial   transactions   of   county.   Act   837,  §  117, 
Apiaries,   inspectors  of,  authorized  to  appoint.  Acts  306,   307. 
Bids  for  supplies.   Act  837,  §  25,   subd.  21. 
Bonded  indebtedness,  supervisors  authorized  to  create.  Act  373. 
Bonded  indebtedness,  supervisors  authorized  to  refund,  Act  3961. 
Bonded  indebtedness,  refunding  at  lower  rate  of  interest.  Act  373. 
Bonds,  election  on  question  of  issuing  by  cities  for  expenses  of  year  1883,  Act  383. 
Bonds  of   superior   judges   to   fix.    Act    837,  §  66. 
Bonds  of  what    officers,    to    fix.    Act    837,  §  66. 
Books,  papers  and  accounts,  seiulin<r  for,   Act  837,   S  28. 
Books,  what  to  be  kept  by,  Act  837,  §  21. 


1744  INDEX. 

SUPERVISORS.      (Continued.) 

Booms  franchise   for,    authorized   to   grant,   Act   392. 

Booms  to   hold   logs   and   timber,    supervisors    authorized   to   permit   T)uikling,    Act 

4362. 
Bounty  for  destruction  of  wild  animals,   supervisors  authorized  to   fix,   Act   185. 
Bridge  within   city  limits,   expense   of  building   or  reconstructing,    Act   419,  §  2. 
Bridge  within  city  limits,  power    of    county    supervisors    ovev.    Act    419,  §  1. 
Bridges,   powers  and  duties  regarding.      See  Bridges. 
Cemeteries,  rules  and  regulations  for  government  of,  Act  2381. 
Chairman,    Act   837,  §  18. 

Claim  against    county,  illegal  allowance  of,  duty  of  district  attorney.  Act  837,  §  8. 
Claims    against  county,  for,  presentment  and  allowance,  Act  837,  §  49. 
Claims.      See  Counties. 

Clerk  of,  county  clerk  is  ex  officio,  Act  837,  §  19. 
Clerk  of,  general    duties    enumerated,    Act    837,  §  20. 

Commissions,  payment  of  for  collection  of  delinquent  taxes  legalized.  Act  4046. 
Committee,    powers    of    chairman.    Act    837,  §  30. 

Consolidation,   separation  and  reconsolidation  of  certain  offices,  Act  837,  §  55. 
Contracts,  bids  to  be  called  for  when.  Act  837, §  25,  subd.  4. 
Contracts  for  lighting  streets  and  public  buildings,  letting  of,  Act  2340. 
Contracts,  not   to  be  interested   in,   Act   837,  §  45. 
County   otificers   are,   Act   837,  §  55. 
Debt,  authorized   to    refund.    Act    362. 

Debt,  refunding  of  in  cities  other  than  first  class,  authorized.  Acts  2367,  2368. 
Debts,  limit    on   powers   to   create,    Act    837,  §  36. 
Deputies,   enabled  to  authorize  the  employment  of.   Act  3957. 
District  attorney  is  legal  adviser  of.   Act   837,  §  133. 
District  attorney  to  attend  meetings  and  oppose  unjust  and  illegal  claims,  Act  837, 

§  133. 
Districts,  changing  boundaries,  Act  837,  §  16. 

Districts,  where  to  be  elected  from  and  where  to  be  elected  at  large,  Act  837,  §  15. 
Election  day,  authorized  to  declare  a  holiday,  Act  1469. 
Election  of,  time  of,  Act  837,  §  58. 

Election,  when  to  be  from  districts  and  when  at  large,  Act  837.  S  15. 
Elections,  duties  as  to.  Act  837,  §34. 
Eligibility,  Act  8?.7,  §  15. 

Ferries,  free,  supervisors  not  liable  for  damages  sustained  on,    Act  1148. 
Ferry,  free,  supervisors  authorized  to  establish  and  maintain,  Act  1148. 
Fish  hatcheries,    establishment    and    maintenance    of    by.    Act    1336. 
Forests,  authorized  to  appropriate  money  for  reforestration,  Act  837,  §  33%. 
Forests,  authorized  to  appropriate  money  to  preserve.  Act  837,  §  33%. 
Firemen,  supervisors  authorized  to  provide  pensions  for  aged,  infirm  or  disabled. 

Act  1178. 
Franchises  for  constructing  booms,  authorized  to  grant.  Act  392. 
Franchises  for  paths  and  roads  for  bicycles  and  horseless  vehicles.  Act  1464. 
Franchises,  sales  of  and  granting  of.  Acts  1230-1234. 
Franchises.      See  Franchises. 

Franchises  to    construct  railroads  beyond  city  limits  to  public  parks.  Act  2930. 
Gas,  regulation  of.      See  Gas. 

Grants  and  donations  by  United  States,  etc.,  duties  regarding.  Act  837,  §  51. 
Funds,    supervisors  authorized  to  transfer  swamp  land  to  ereneral   fund.  Act  39G2. 
Illegal  fees,  supervisors  to  remove  officers  collecting.  Act  837,   §  225. 
Income,   debts  in   excess  of  not  to  be  contracted.  Act   837,  §  36. 
Interested  in  contracts,  work  or  purchases,   not  to  be,  Act  837,  §  45. 


INDEX.  1745 

SUPERVISORS.      (Continued.) 

Interested,  proceedings  where  majority  of  supervisors  are.  Act   837,  5  46. 

Joint   statement  of  auditor   and  treasurer  to,   Act   837,  §  117. 

Libraries,  county  library  systems,  establishment  of.  Act  1248. 

License  on  sheep  business,  power  to  impose  limited.  Act  1940. 

Licenses,  power  of  supervisors  as  to,  Act  837,  §  25,  subd.  25. 

Licenses,  salaries  of  persons  employed  to  collect,  authorized  to  pay,  Act  1939. 

Licenses,  who  exempt  from,  Act  837,  §  25,  subd.  25. 

Lighting  streets  and  public  buildings,  letting  contracts  for.  Act  2340. 

Livestock  inspector,  power  to  appoint.  Act  837,  §  55V4. 

Livestock,  ordinances  to  preserve,  e.xpenses   of   enforcement,    payment   of.    Act    837, 

§  251/0. 
Livestock,  ordinances  to  preserve,  may  adopt.  Act  837,  §  2514. 
Logs   and   timber,    authorized   to    declare   innavigable   streams    highways    for,    Act 

4361. 
Majority  constitute  quorum.  Act  837,  §  18. 
Majority  necessary  to  valid  act.  Act  837,  §  18. 
Malfeasance  in  office,  punishment  of.  Act  837,  §  53. 
May  submit  questions  to  opinions  of  voters.   Act  837,  §  13. 
Meetings,  quorum'.  Act  837,  §  18. 

Meetings,  regular,  to  be  held  at  county  seat,   Act  837,   §  22. 
Meetings,   special.  Act  837,  §  23. 
Meetings  to  be  public.  Act   837,  §  24. 
Neglect  of  duty,  punishment  of,   Act   837,  §  53. 
New   county,   classification   of   supervisors.    Act    837,  §  58. 
Notices  of  proceedings,  where  to  be  posted.   Act  837,  §  47. 
Number  of.   Act   837,  §  14 
Oaths,  may  administer.  Act  837,  §  18. 

Ordinances  permitting  cars  to  be  propelled  by  electricity  ratified.  Act  2928. 
Parks,  authorized  to  levy  tax  for,  Act  2877. 

Posse  comitatus,  supervisors  authorized  to  pay  expenses  of.  Act  3959. 
Powers  and  duties,  permanent  general,   enumerated,  Act  837,  §  25. 
Public   buildings,    contracts   for,   how   only    changed.    Act    837,  §  38. 
Public  buildings,  plans,  how  only  changed.  Act  837,  §  37. 
Public  buildings,  unfinished,  change  of  plans.  Act  2899. 
Public  buildings,  unfinished,  completion  of.  Act  2898. 
Qualifications  of,  Act  837,  §  15. 
Quorum,  Act  837,  §  18. 

Rats,  extermination  of,  powers  in  regard  to.  Act  2506a. 
Records  and  books  to  be  kept  by.  Act  837,  §  21. 
Records  and  minutes  of,   signing   of.   Act   837,  §  19. 

Records,  books  and  accounts  kept  at  office  and  open  to  public,   Act  837,  §  24. 
Refusal  to  perform  duty,  punisliment  of.  Act  837,  §  53. 
Residence,  Act  837,  §  15. 

Rules  and  regulations  for  government  of.  Act  837,  §  25,  subd.  23. 
Salaries  and   expenses  in  various  counties.      See  particular   county. 
Seal,  Act  837,  §  25,  subd.  24. 
Separation  of  offices,  Act  837,  §  55. 

Separation  of  offices,  authority  of  supervisors,  Act  837,  S  55. 
Sewers.      See   Sewers. 

Sheriff,   duties  in  relation  to.   Act  837,  §§27,   29. 
Special    counsel,    supervisors   in   counties   of    second   class   may   employ,    Act    837, 

§  159,    subd.    7. 
Spur  tracks,  may  authorize,  Act  2334. 
Gen.  Laws — 110 


1748  INDEX. 

SUPERVISORS.      (Contimied.) 

Spur  tracks,  permit  revocable,  Act  2334. 

State  agricultural   society,  to  furnish   statistics  of  productions,   Act   837,  §  66a. 

Statement  of   indebtedness   and  property,    Act   837,  §  50. 

Streams  and  banks,  care,  improvement  and  protection  of,  Act  837,  §  52, 

Streets.      See  Streets. 

Submitting  questions  to  rote  of  people.  Act  837,  §  13. 

Supplies  for,  how  contracted  for.  Act  837,  §  25,  subd.  21.  M 

Surveyor,  to  furnish  office  and  supplies  to.  Act  837,  i  141.  fl 

Taxation.      See  Taxation.  ^ 

Tax    to    display    products    at    expositions,    supervisors    authorized    to    levy,    Acts 

3963,  4041. 
Time  of  election  of.   Act  837,  §  58. 

Tow-paths  along  navigable  streams,  location  of,  Act  4363. 
Transfer  of  swamp  land  funds  by,  to  general  fund  authorized.  Act  3962. 
Treasurer,  reports  of  to.  Act  837,  §§  78,  79. 

Treasurer,  suspension  of  pending  proceedings  against,  Act   837,  §  84.  i 

Treasury,    counting   cash   in   and   proceedings   on.    Act   837,  §§  87,    115,    116.  1 

Vacancies,  election  to  fill,  Act  837,  §  17.  \ 

Vacancies,  filling  of  and  term  of  appointee.  Act  837,  §  17.  | 

Warrants.      See  Counties. 

Watercourses,  powers  and  duties  regarding.  Act  837,  §  52.  I 

Water  rates,  fixing  of,  Acts  3958,  4348.  i 

Water  rates,  penalty  for  failure  to  fix.  Acts  2380,  3958,  4346,  4343.  i 

Weeds,  eradication  of,  by.  Act  3925.  ; 

Wharves,  authorized  to  grant  right  to  construct.  Act  4398. 
Witnesses,  disobedience  by  and  proceedings  on,  Act  837,  §§  31,  32. 
Witnesses,  fees  and  expenses  of,  Act  837,  §  33. 
Witnesses,  subpoenaing,  Act  837,  §§  28,  29,  31-33. 

a.    Cities  of  the  first  class. 
Absence  or  neglect,  effect  of.  Act  2348,  §  48. 
Adjournments,  Act  2348,  §  51. 

Aldermen  and  assistant  aldermen,  divided  into.  Act  2348,  §  40. 
Aldermen,  number,  election  and  term  of  office,  Act  2348,  §  41. 
Aldermen,  presiding  officer  of.  Act  2348,  §  49. 
Aldermen,  qualifications  of.  Act  2348,  §  46. 
Aldermen,  salaries   of,   Act  2348,  §  41. 

Aldermen,  secretary,  appointment  and  term  of  office,   Act  2348,  §  42, 
Aldermen,  secretary,  powers,  duties  and  salary  of.  Act  2348,  §  42. 
Appropriation   bills.    Act    2348,  §  61. 

Assistant  aldermen,  clerk,  appointment  and  term  of  office,  Act  2348,  §  44. 
Assistant  aldermen,  chairman,  Act  2348,  §  50. 

Assistant  alderman,  number,  qualifications  and  election.  Act  2348,  §§  43,  47. 
Assistant  aldermen,  secretary,  powers,  duties  and  salaries.  Act  2348,  §  44. 
Assistant  aldermen,  terms  of  office  and  salaries.  Act  2348,  §  43. 
Bids,    power   to    reject.    Act    2348,  §  107. 
Composed  of  two  boards.  Act  2348,  §  40. 
Debt  or  liability  limit  on  power  to  contract.  Act  2348,  §  53. 
Each  house  judge  of  qualifications  of  members.  Act  2348,  §  49. 
Eligibility  to  other  office,  or  employment.  Act  2348,  §  52. 
Expulsion  of  members.  Act  2348,  §  49. 

Finance  committee,  appointment,  powers  and  duties  of,  Act  2348,  §  54. 
Majority  necessary  to  passage  of  order.  Act  2348,  §  50. 


INDEX.  1747 

SUPERVISORS.      (Continued.) 

Malfeasance    of    corrupt    practice,    effect    of,    Act    2348,  §  48. 

Meetings,  presiding  officers,  Act  2348,  §  49. 

Meetings,  special.  Act  2348,  §  55. 

Meetings,  time  of,  Act  2348,  §  55. 

Municipal  council  consists  of  board  of  alderman  and  house  of  assistant  alderman. 

Act  2348,  §  40. 
Municipal  council,  legislative  power  of  city  vested  in,  Act  2348,  §  40. 
Not  to  be  interested  in  contracts,   Act  2348,  §  48. 
Order,  power  to  maintain.  Act  2348,  §  49. 
Ordinances.      See  Ordinances. 

Powers,  have  only  those  specified.  Act  2348,  §  62. 
Powers  of,  enumerated,  Act  2348,  §§  62,  64. 
Quorum,  Act  2348,  §  50. 

Quorum,  proceedings  where  there  is  none,  Act  2348,   $  50. 
Eecords,  Act  2348,  §  49. 

Reports  of  committee,  adoption  of,  Act  2348,  §  57. 
Rules,  Act  2348,  §  49. 
Sessions,  public.  Act  2348,  §  51. 

Sessions,  special,  calling  by  mayor.  Act  2348,  §  120. 
Taxes,  duty  in  levy  and  collection  of,  Act  2348,  §§  286,  288. 
Vacancies,   filling  of  and  term  of  appointee.   Act   2348,  §  45. 

b.    Cities  of  second  class. 
Contracts  over  five  hundred  dollars,  how  entered  into.   Act   2348,  §  322. 
Debts,  powers  of  in  relation  to.  Act  2348,  §§  328,  329. 
Funds,    separate,    establishing.    Act   2348,  §  330. 

Gas  and  water  pipes,  regulations  governing  laying.  Act  2348,  §  359. 
Journal,   Act  2348,  §  319. 

Judges  of  qualifications  of  their  own  members,  Act  2348,  §  319. 
Meetings,  Act  2348,  §  319. 

Not  to  vote  on  measures  in  which  interested,  Act  2348,  §  327. 
Number,  qualifications,  election  and  term  of  office  of.  Act  2348,  §  301. 
Power  to  appoint  officers.   Act  2348,  §  380. 
Powers,  enumeration  of.   Act  2348,  §§  319,  320,  321. 
Quorum,  Act  2348,  §  319. 
Rules,  Act  2348,  §  319. 
Vote  by  ayes  and  nays  in  certain  cases,  Act  2348,  §  326. 

c.    Cities  of  third  class. 
Appoint  what  officers.  Act  2348,  §  503. 
Clerk,   Act  2348,  §  521. 

Compensation,  act  without.  Act  2348,  §  506. 
Election  and  term  of  office.  Act  2348,  §§  502,  508. 
Journal,  Act  2348,  §  522. 

Judges    of    qualifications    of    members,    Act    2348,  §  522. 
Meetings,  Act  2348,  §  520. 

Meetings,  attendance,  compelling.  Act  2348,  §  521. 
Meetings,  presiding  oflicer.  Act  2348,  §  521. 
Number  of.  Act  2348,  §  501. 

Oificers,   supervisors  prescribe  duties  and  fix  compensation  of,  Act  2348,  §  553. 
Ordinances,  passage  of  and  validity  of.  Act  2348,  §  523. 
Powers  of  enumerated,   Act  2348,  §  524. 
Quorum,   Act   2348,  §  521. 


1748  INDEX. 

SUPERVISORS.  (Continued.) 
Residence  of,  Act  2348,  §  508. 
Rules,  Act  2348,  §  522. 

Trustees  of  free   library,   appoint.   Act  2348,  §  509. 
Vacancies  in  office,  to  fill.  Act  2348,  §  505. 

d.    Cities  of  fourth  class. 
Additional  compensation  to  officers,  cannot  allow,  Act  2348,  §  610. 
Ayes  and  noes,  Act  2348,  §§  621,   634. 
Compensation,  act  without,  Act  2348,  §  608. 
Constituted  how,   Act   2348,  §  620. 
Control    over   their   own   members.    Act   2348,  §  621. 

Demands   against   city  submitted  to   and  audited  by,   Act   2348,  §  624. 
Election  and  term  of  office,  Act  2348,  §  602. 

Expenditure,  excessive,  personal  liability  of  supervisors  for,  Act  2348,  §  626. 
Expenses  of.  Act  2348,  §  608. 

Indebtedness,  limit  on  power  to  create,  Act  2348,  §  623, 
Journal,    Act   2348,  §§621,    633,    634. 
Meetings,    Act    2348,  §  621. 
Officers,  what  to  elect,  Act  2348,  §  620. 
Orders   to    be    entered   on   journal.    Act   2348,  §  633. 
Powers   of   enumerated.   Act   2348,  §§  620,    621,    622. 
President,  Act   2348,  §§  620,    671. 

Qualifications  of  their  own  members,   determine,  Act  2348,  §  621. 
Quorum,   Act  2348,  §  621. 
Rules,  Act  2348,  §  621. 
Wards,  power  to  change.  Act  2348,  §  611. 

e.    Cities  of  fifth  class. 
Absence,  effect  of.  Act  2348,  §  754. 
Ayes  and  noes,  when  entered.  Act  2348,  §  762. 
Clerk   of,    absence    of,    appointment   in    case   of,    Act    2348,  §  760. 
Compensation,  act  without.   Act  2348,  §  755. 
Compensation  of  officers,   fixing,   Act  2348,  §  755. 
Consolidation  of  offices  by.  Act  2348,  §  751. 

Demands,   presentment,   auditing  and  paying.   Act   2348,  §  766. 
Election  and  term  of  office.  Act  2348,  §  752. 
Indebtedness,  power  to  incur.  Act  2348,  §§  767,  768. 
Journal,  Act  2348,  §  762. 

Judges  of  qualifications  and  elections  of  members.  Act  2348,  §  762. 
Meetings,    Act   2348,  §§760,    761. 
Number  of.  Act  2348,  §  751. 
Oath   of   office,    Act   2348.  §  760. 

Officers,  fix  duties  and  compensation  of  certain,  Act  2348,  §  791. 
Officers,  what  may  appoint,   Act   2348,  §  752. 
Organization    of    board.    Act    2348,  §  760. 
Poundmaster,  may  appoint.  Act  2348,  §  752. 
Powers  and  duties  of  enumerated.  Act  2348,  §  764. 
President,  election,  powers  and  duties  of.  Act  2348,  §§  760,  778. 
Quorum,   Act  2348,  §  761. 
Records,   Act  2348,  §  788. 

Resolutions  and  orders,  passage  of,  Act  2348,  §  763. 
Rules,   Act  2348,  §  762. 


i 


INDEX,  1149 

SUPERVISORS.      (Continued.) 

f.    Cities  of  sixth  class. 
Absence,  effect  of,  Act  2348,   §  854. 
Compelling   attendance   of   members,    Act    2348,  §  859. 
Compensation,  act  without.   Act  2348,  §  855. 
Compensation  of  officers,  fixing.  Act  2348,  §  856. 
Contracts,   how   entered  into,   Act  2348,  §  874. 
Election  and  term  of  office,   Act  2343,  §  852. 
Equalization    of   taxes,   Act   2348,  §  872. 
Indebtedness,    power   to   incur,    Act   2348,  §§  865,  866. 
Journals,   Act  2348,  §  860. 

Judges  of  qualifications   and  election  of  members,   Act   2348,  §  860. 
Meetings,    Act   2348,  §§858,    859. 
Number  of.  Act  2348,  §  851. 
Oaths,   Act  2348,  §  858. 

Officers,  power  of  supervisors  to  appoint  and  fix  compensation.  Act  2348,  §  852. 
Officers,  prescribing  duties  and  fixing  compensation.  Act  2348,  §  881. 
Officers,  what  may  appoint,   Act  2348,  §  852. 

Orders  and  resolutions,   rules   governing  passage,   Act  2348,  §  861, 
Organization  of.   Act  2348,  §  858. 
Powers  of  enumerated,  Act  2348,  §  862. 
President  of.  Act  2348,  §§  858,  859. 
President,  powers  and  duties  of,  Act  2348,  S  875. 
Quorum,   Act   2348,  §  859. 
Rules,   Act  2348,  §  860. 

SUPREME    COURT.      See    Supreme    Court    Commission;    Supreme    Court    Library; 
Supreme  Court  Reporter. 
Chief  justice  of,   who   to  act  as.   Act   843. 
Practice  in   supreme  court,  regulating,  Act  842. 

SUPREME   COURT   COMMISSION. 

Appointment  of.  Acts  3968,   3969. 
Secretary  of,  Act  3969. 

SUPREME  COURT  LIBRARY. 

Librarian  for,  appointment  of.  Act  3975. 
Librarian,   salary  of.  Act   3975. 
Provision  for.  Act  3974. 

SUPREME   COURT  REPORTER. 

Deputy,    appointment    of,    Act    3980. 

SURETY  CORPORATIONS. 

Bonds,  surety  corporation  authorized  to  act  as  sole  surety,  Act  377. 
Premium  on  official  bond,  payment  of  by  state,  county,  or  city,  Act  379. 

SURGERY.      See   Medicine;    Optometry;    Osteopathy;    Veterinary   Surgery. 
State   dental   surgeon.      See   Dentistry. 
Surrender  of  dead  bodies  for  dissection.   Act   937. 

SURVEY.      See  Public  Lands;   United  States  Coast   Survey. 
Lands  divided  by  county  line,  of,  Act  837,  §§  136,  137. 
Geological.     See  Geological  Survey. 


1750  INDEX. 

SURVEY.      (Continued.) 

Markings  of  government  survey,  perpetuation  of,  Act  3993. 
State  geological  survey,  distribution  of  reports  of,  Act  3821. 
Swamp  and  overflowed  lauds,  surveys  of  validated,  Act  4031. 

SURVEYOR. 

Bond  of.  Act  837,  §  66. 

Cities  of  first  class,  deputies  of,  and  salaries  of.  Act  2348,  §  26,  subd.  13. 

Cities  of  first  class,  duties   of,   Act   2348,  §  137. 

Cities  of  first  class,  salary  of.   Act   2348,  §  26,   subd.   13. 

Compensation  of.   Act   837,  §  141. 

County  line,  laud  divided  by,  court  may  order  either  surveyor  to  make  survey.  Act 

837,  §  137. 
County  line,  land  divided  by,  owner  may  apply  to  either  surveyor  for  survey,  Act 

837,  §  136. 
County  officer,  is.  Act  837,  §  55. 

Deputies  and  assistants  in  various  counties.      See  particular  county. 
Ditches  and  drains,  superintends  construction  of.  Act  986,  §  9. 
Duties  of,  defined,  Act  3990. 
Duties  of  enumerated,   Act   837,  §§  135-140. 
License  of  surveyor.  Act  3990. 
Maps  made  by,  filing  of,  Act   837,  §§  139,   140. 

Maps  platted  by  become  property  of  county.  Act   837,  §§  139,  140. 
Office  and  supplies,   supervisors  to  furnish.  Act  837,  §  141. 
Powers  and  duties  of,  Acts  3990,  3991. 
Qualifications  of.  Act  837,  §  135. 

Salaries  and  expenses  in  various  counties.      See  particular  county. 
Survey,  how  made  where  surveyor  interested.  Act  837,  §  138. 
Surveyor  general,   to  assist.  Act  837,  §  138. 

SURVEYOR  GENERAL. 

Authorized  to  furnish  his  ofiice  and  vault  therein.  Act  3985. 

County  surveyor,  when  to  assist.  Act  837,  §  138. 

Duties  as  to  bridges  across  navigable  streams,  Act  420,  §  6. 

Governor   and   surveyor   general   authorized   to    convey   state's    interest   in    certain 

lands  to  claimants,  Acts  2869,  3832. 
Governor    and    surveyor    general    authorized    to    sell    certain    lands    to    claimants, 

Act  2869. 

SUSANVILLE. 

Hogs  running  at  large,  prevention  of.  Act  1065. 

SUSCOL  RANCHO. 

Title   to   lands   in   quieted.   Act   3688.  ; 

SUTTER  COUNTY. 

Animals  of   another,   wounding   in,   punishment   of.    Act    1593. 

Animals,  trespassing  of  on  private  property,  prevention  of.  Act  1069. 

Bridge  across  Feather  River,  supervisors  authorized  to  construct,  Act  4005, 

Cancellation  of  certain  certificates  of  register  of  state  land  office.  Act  3995. 

Cancellation  of  certain    controller's   warrants.    Act    3995. 

Classification  and  population  of.  Act  837,  §§  10,  157. 

Examination  and  counting  of  funds  in  treasury,  Act  464. 

Fences,  division,  in.  Act  1138. 

Fences  in,  tearing  down  of,  prevention  of,  Act  1593. 


INDEX.  1751 

SUTTEE  COUNTY.   (Continued.) 

Fires,  leaving  of,  punishment  of,  Act  1593. 

Funds,  transfer   of   authorized.   Acts   3996,    3997. 

Highways  in.  Act  4001. 

Hunting   on   inclosed   lands    in,    prevention   of.    Act    1593. 

Tnclosuie,   passing   through   and   leaving   open.    Act    1593. 

Judges,  separate,  for  Sutter  and  Yuba  counties.  Acts  3998,  4495. 

Levee  district,  formation  of  in  Yuba,  Sutter  and  Placer  counties,  Act  1915. 

Levee  districts  in.  Act    1915. 

Levee  district  No.  1,  act   relating  to,   Act  4003. 

Levee  district  No.  1,  boundary  and  care  of,  Act  2944. 

Levee  district  No.  1,  trustees  authorized  to  issue  bonds  to  fund  indebtedness,  Act 

2947. 
Levee  district  No.  2,  funding  indebtedness  of,  Acts  1917,  2945. 
Levee  district  No.  2,  election   of  otficers.   Act   1917. 
Levee  district  No.  6,  boundaries  and  government  of.  Acts  1918,  2948. 
Levee  district  No.  6,  funding  indebtedness  of.   Acts   1919,   2949. 
Officers,    deputies   and   assistants   and   salaries,    fees   and   allov^ances  of,   Act   837, 

§  203. 
Population  of,  Act   837,  §  10. 

Protection  of  certain  lands  in,  from  overflow,  Act  3999. 
Reclamation  district  No.  2,  boundaries  and  government.  Act  2946. 
Records  in,   transcribing  of,  Act  4000. 

Road  district   school   fund,   transfer  of  to   school   fund.   Act   3997. 
Roads  in.  Act  4001. 

School  trustees,  time  of  election  of.  Act  4002. 
Stallions  prevented  from  running  at  large  in,   Act   1063. 
Swamp  land  district  No.  70,  act  relating  to.   Act  4004. 

Swamp  land  district  No.  70,  construction,  maintenance  and  repair  of,  Act  4006. 
Swamp  land  district  No.  70,  reorganizing.   Acts  2954,  4006. 

Swamp  land  district  No.  70,  Sutter  County,  warrants  to  bear  interest.   Act  2953. 
Treasurer  of,   examination   and  counting  of  funds  in   treasury.   Act  464. 
Treasury   of,    better  protection   of.    Act   464. 

SUTTER  CREEK. 

Hogs  and  goats  prevented  from  running  at  large  in.  Act  4011. 
Hogs  running  at  large  in,  prevention  of,  Act  1065. 
Incorporation  of  town  of.  Act  4010. 
Riiilroad  from  lone  to  Jackson  or  Sutter  Creek,  Act  2922. 

SUTTER  ISLAND. 

Ill  Sacramento  County,  setting  off  portion  of  for  school  purposes,   Act  3545. 

SUTTER'S  FORT. 

Acquisition  of.  Act  4016. 

Gardener,  appointment  and  compensation  of,  Act  4018. 

Gardener,  assistant,   at,   Act  4019.  » 

Guardian   for,   appointment   and  duties  of.   Act  4017. 

Sacramento   Society  of  California  Pioneers   authorized  to  erect  memorial  building 

on    grounds    of.    Act    4020. 
Ti-ustees   authorized   to   improve   Twenty  sixth   Street   in   city  of   Sacramento,   Act 

4021. 
Trustees  of,  appointment  of.   Act   4016. 


L 


1752  INDEX. 

SWAMP  AND   OVERFLOWED   LANDS. 

Annulment    of    reclamation     and     protection     districts     for    nonuser    of    corporate  j 

powers,  Acts  2803,  2974,  4026. 
Bowman,  James,   interest  of  state   in  water  lot  415  quitclaimed  to  successors  of, 

Act    4028. 
Cutting  and  carrying  away  timber  from  swamp,  overflowed,  tide,  marsh,  or  school 

lands,   punishment   for,   Act   1404. 
Determination    that    lands    of    this    state    are    swamp    and    overflowed    lands,    when 

returned  as  such  by  United  States  surveyor  general.  Act  4029. 
Dissolution  of  reclamation  and  protection  districts  for  nonuser.  Acts  2803,  2974, 

4026. 
Drainage  of.      See  Drainage. 

Fresno   and  Kern  counties,  providing  for  determining  rights  in  certain,   Act  4023. 
Funds  from  sale  of,   distribution  of.  Act  4022. 
Funds  in    state    treasury,    transfer   to    treasurers   of   various    counties    and   control 

and  disposition  of.  Act  1280. 
Funds  of,    supervisors   authorized   to   transfer   to   general   fund,    Act   3962. 
Lakes,  sale  of  lands  uncovered  by  recession  or  drainage  of,   Acts  2857,  4031. 
Lands  returned  as,   declared   to   be.   Act  4029. 

Lease  of  tide  or  submerged  lands  of  state  by  cities  or  counties  approved,  Act  2385. 
Levee  district.      See  Levee  Districts. 
North   San  Francisco  Homestead  and  Railroad  Association,  conveyance   of  certain 

lands  to.  Act  2495. 
Particular  county,  in.      See  particular  title. 
Payments  on  swamp  lands  pledged  to  redemption  of  certain  controllers'   warrants. 

Act   4024. 
Perry,  Sallie  C,  claim  of  state  to  certain  tract  quitclaimed  to,  Act  4030. 
Protection  districts.      See  Protection  Districts. 
Reclamation  districts.      See  Reclamation  Districts. 
Sacramento  City,   granting  of  swamp  lands  to.   Act  3056. 
Sale  of  and  disposition  of  funds  from.  Act  2859. 
Sale  of  lands  uncovered  by  recession   of  lakes,   Acts  2857,  4031. 
Sales  and  surveys  of  unsegregated  lands  validated.  Act  4031. 
Salt  marsh   and   tide  lands,   survey  and   disposition  of,   Acts   2858,   4033. 
Storm-water   districts.      See    Storm-water    Districts. 

Survey  and   disposition  of  certain   salt   marsh   and  tide   lands,    Act  4033. 
Swamp  land  districts,   appeals  from  orders  relating  to.   Acts  2976,   2977. 
Swamp  land  districts,  consolidated,   government  of,   act  2982. 
Swamp  land  district  No.  2,  Sacramento     County,     provision    for    drainage     of,     Act 

3046. 
Swamp  land  district  No.  17,  San    Joaquin    County,    additional   powers    conferred    on 

trustees.   Act   2950. 
Swamp  land  districts  Nos.  50  and  54,  payment   of   interest   on   trustees'   orders,   Act 

2951. 
Swamp  land  districts  Nos.  50  and  54,   Sacramento  County,  funds  for.  Act  2967. 
Swamp  land  district  No.  7.0,  Sutter   County,    act   relating   to.    Act    4004. 
Swamp  land  district  No.   70,   Sutter  County,   construction,  maintenance   and  repair 

of  levees  in,  Act  4006. 
Swamp  land  district  No.  70,  Sutter  County,   reorganization  of.  Act  4006. 
Swamp  land  district  No.  70,  Sutter  County,  reorganization  of.  Acts  2954,  4006. 
Swamp  land  district  No.  70,  Sutter  County,   warrants  to   bear   interest.   Act   2953. 
Swamp  land  district  No.  118,  acts   relating   to,   validated.    Act   2957. 
Swamp  land  district  No.  118,  Contra   Costa   County,    assessment   in.   Act   2958. 
Swamp  land  district  No.  150,  Yolo    County,    formation   of,   Act   2960. 


INDEX.  1753 

SWAMP  AND   OVERFLOWED  LANDS.      (Continued.) 

Swamp  land  district  No.  221,  San    Joaquin    County,    legalizing,    Act    2962. 
Swamp  land  district  No.  307,  Yolo    County,    legalizing   proceedings    in.    Act   2965. 
Swamp  land  funds  in    state    treasury    paid    to    treasurers    of    counties.    Acts    1280, 

1920. 
Swamp  land  funds  paid    into    county   treasuries,    duties   of    auditor,    controller    and 

treasurers.  Acts  1280,   1920. 
Tide  land  commissioners,  board  of,  abolished.  Act  4032. 
Tide  lands,  certain   in    San   Mateo   County  declared  public   and   granted   to   county 

for  public,  Act  4027. 
Tide  lands,  survey   and   disposition   of.   Acts   2858,    4033. 
Title  to  certain  salt   marsh  and  tide  lands  in   Contra   Costa   County,   quieting.   Act 

722. 
Title   of  certain   swamp  lands  confirmed  to  J.   P.   Counts   and  Myron   Smith,   Act 

4025. 
Title  to  tide  lands  adjacent   to    lands   held    for   military   purposes    ceded   to    United 

States,   Act   3831. 
Transfer  of  swamp  land  funds  from   state    treasury   to   treasurers   of   counties;    and 

control   and  disposition  of,   Act   1280. 
Transfer  of  swamp  land  funds  to  general  fund  in  Butte  County,  Act  463. 
Transfer  of  swamp  land  fund  to  general  fund  in  Del  Norte  County,  Act  916. 
Transfer  of  swamp  land  fund  to  general  fund  in  Monterey  County,  Act  2307. 
ITnsegregated,  sales  and  surveys  validated,  Act  4081. 

SYRUP. 

Adulterated,   sale  of,  prohibited,   Act  42. 

TAHOE.     See   Lake  Bigler. 

T 

TARE. 

Rate  of  on  baled  hops,  Act  1502, 

TAXATION. 

Action   against  state  for  services,   in  connection  with  taxes,   county  not  to  bring, 

Act  4049. 
Animals,  assessment    of   migratory    herds    and    distribution    of    taxes,    Acts    4052, 

4053. 
Animals,  migratory,  assessment  of,  Acts  4052,   4053. 

Assessment  of  migratory  herds  and  distribution  of  taxes,  Acts  4052,  4053. 
Assessment-roll,   restoration   of  where   destroyed  by   conflagration.   Act  439. 
Assessments,    supervisors    to    equalize.    Act    837,  §  25,  subd.  15. 
Assessor  and   tax   collector,    consolidation,    separation   and   reconsolidation   of,    Act 

837,  §  55. 
Assessor,  bond  of,  Act  837,  §  66. 
Assessor,  cities  of  first    class,   deputies   and   assistants    and    salaries   of.    Act   2348, 

§  26,  subd.  6. 
Assessor,  cities  of  first  class,  election,  term  of  office,  and  duties  of.  Act  2348,  §  129. 
Assessor,  cities  of  first  class,   salary  of.   Act   2348,  §  26,   subd.   6. 
Assessor,  cities  of  third  class,  election    and    team   of   office.    Act   2348,  §  502, 
Assessor,  cities  of  third  class,  salary    of.    Act    2348,  §  506. 
Assessor,  cities  of  fourth  class,  bond  of.  Act  2348,  §  607. 
Assessor.cities  of  fourth  class,  compensation   of,    Act  2348,  §  641. 
Assessor,  cities  of  fourth  class,  deputies   of.    Act    2348,  §  672. 
Assessor,  cities  of  fourth  class,  duties  of,  Act  2348,  §§  641,   677. 


1754  INDEX. 

TAXATION.      (Continued.) 

Assessor,  cities  of  fourth  class,  election  and  term  of  office,   Act  2348,  8  602. 

Assessor,  cities  of  fifth  class,  city  clerk   is,   ex   officio,    Act   2348,  §  751. 

Assessor,  cities  of  fifth  class,  compensation   of,  Act    2348,  §  755. 

Assessor,  cities  of  fifth  class,  duties   of.   Act   2348,  §  787. 

Assessor,  cities  of  fifth  class,  election  and  term  of  office.   Act  2348,  §  752. 

Assessor,  cities  of  sixth  class,  city  clerk  is  ex  officio,  Act  2348,  §  851. 

Assessor,  cities  of  sixth  class,  duties  and  powers  of.  Act  2348,  §  877. 

Assessor,  city,   performance   of   duties  by   clerk,    Act   4043,  §  8. 

Assessor,   commissions  for  collecting  of  personal  property  tax.   Act   837,  §  215. 

Assessor,  compensation  for  preparing  military  roll,  Act  837,  §  215. 

Assessor,  county,  duties  of,  Act  837,  §  148. 

Assessors,  deputies  and  assistants  in  various  counties.      See  particular  county. 

Assessor,  is  a  county  officer,  Act  837,  §  55. 

Assessor,  maps  and  block-books,   expenses   of,   rights   and   duties   as   to.   Act   837, 

§  148. 
Assessor,  percentage  on  personal  property  tax  collected  by  him.  Act  837,  §  215. 
Assessor,  percentage   of  on  poll  taxes   collected.   Act  837,  §  215. 
•    Assessor,  report  of  agricultural  resources  of  counties  to   state  board  of  equaliza-i 

tion.    Act   837,  §  48. 
Assessor,  salary  and  fees  in  various  counties.      See  particular  county. 
Assessor,  salary  of,  where  and  how  paid.   Act  837,  §  220. 
Assessors  to  pay  salaries  of  deputies  in  certain  counties,  Acts  255,  4062. 
Board  of  equalization,  supervisors  in  cities  of  first  class  constitute,  Act  2348,  §  65. 
Certificates  of  stock,  tax  on.  Acts  769,  4038. 
Chinese,  police  tax  on.   Act  589. 
Citiea  of  first  class,  authorized   to    erect   a   hospital   and   levy   a   tax   therefor.    Act 

1522. 
Cities  of  first  class,  duty  of  supervisors  in  levy  and  equalization.  Act  2348,  §§  286, 

288. 
Cities  of  first  class,  levy  of  taxes   in.  Act   2348,  §  90. 
Cities  of  second  class,  taxes   in.   Act   2348,  §§  825,    331. 

Cities  of  third  class,  levy  and  collection  of  taxes.  Act  2348,  §§  533,   534,   535. 
Cities  of  fourth  class,  assessment-roll  as  evidence,  Act  2348,  §  666. 
Cities  of  fourth  class,  collection    of    taxes.  Act    2348,  §  646. 
Cities  of  fourth  class,  deed  for  taxes.  Act  2348,  §§  663-666. 
Cities  of  fourth  class,  delinquent  list,   as  evidence.   Act  2348,  §  666. 
Cities  of  fourth  class,  delinquent  taxes,    proceedings.    Act    2348,  §§  647-660, 
Cities  of  fourth  class,  equalization  of  taxes  in.   Act  2348,  §§  642,  643. 
Cities  of  fourth  class,  levy  of  tax.  Act  2348,  §  644. 
Cities  of  fourth  class,  lien  of  tax,   Act  2348,  §  644. 
Cities  of  fourth  class,  lists,    preparation    of    and    delivery    to    collector.    Act    2348, 

§  645. 
Cities  of  fourth  class,  ordinance    affecting    taxes,    majority    necessary,    Act    2348, 

§  635. 
Cities  of  fourth  class,  ordinance    affecting   taxes,    ayes   and   noes   to   be   entered    on 

journal.    Act   2348,  §  634. 
Cities  of  fourth  class,  taxes,  levy,  collection  and  disbursement  of,  power,  over.  Act 

2348,  §  640. 
Cities  of  fourth  class,  redemption   from   sale.    Act   2348,  §§661,    662. 
Cities  of  fourth  class,  sales  of  property  for.   Act  2348,  §§  654-666. 
Cities  of  fourth  class,  special    taxes    for    debt    incurred    in    excess    of    income,    Act 

2348,  §  625. 
Cities  of  fifth  class,  assessment,    levy    and    collection,    Act    2348,  §§  764,    subd.    9, 

768,    773,    775,    776. 


INDEX.  1755 

TAXATION.      (Continued.) 

Cities  of  fifth  class,  assessor,    power   and    duties,    Act    2348,  §  787. 

Cities  of  fifth  class,  equalization   of  taxes.   Act   2348,  §  774. 

Cities  of  sixth  class,  assessment,  levy  and  collection  of  taxes  in,   Act  2348,  §5  871, 

873,   878,   880. 
Cities  of  sixth  class,  equalization  of  taxes.  Act  2348,  §  872. 
Cities  other  than   first  class,   levy  and  collection  of  taxes.   Act  4043. 
Collateral  inheritances,  actions    against    state    to    quiet    title    against    claims,    Act 

4036. 
Collateral  inheritances,  suits  to  enforce  liens  of  tax  authorized,  Act  4036. 
Collateral  inheritances,  tax  on.   Acts  4035,   4040. 
Collateral  inheritances,  tax  on,  disposition  of  proceeds.  Act  4040. 
Commissions  for  assessment,    equalization,    auditing   and   collecting   of   ad   valorem 

taxes   abolished,   Acts  4047,   4048. 
Commissions  for  collection,   county  not  to  bring  suit  against  state  for,   Act  4049. 
Commissions  for  collection,  payment  by  state  for  prohibited,  Act  4050. 
Commission  on  revision  and  reform,  creation  of,  Acts  4037,  4037a. 
Commission  on  revision  and  reform,  expert   on,   appointment   of.   Acts  4037,   4037a. 
Commission  on  revision  and  reform,  governor  ex  officio  member  and  chairman,   Act 

4037,   4037a. 
Commission  on  revision  and  reform,  powers,    duties    and    compensation,    Acts    4037, 

4037a. 
Commissions,  payment  of  for  collection  of  delinquent  taxes  legalized.  Act  4046. 
Corporations,   tax  on  certificates  of  stock.  Act  769. 
County  not   to   bring  action  against   state  for  services   in  connection  with   taxes, 

Act   4049. 
Deeds  to  and  by  state  for  taxes,  validation  of.  Act  4064. 

Delinquent  taxes,  action   for  delinquent  taxes   on  personalty   authorized.   Act   4060. 
Delinquent  taxes,  action   for,   form  of   complaint,   Act  4061. 

Delinquent  taxes  in  Alpine   County,   extending  time   for  selling  property.   Act  136. 
Deputies,  assessors,  in  certain  counties  to  pay.   Acts  255,  4062. 
Distribution  of  taxes  from  assessment  of  migratory  herds.   Act  4053. 
.■^Iqualization  of  assessment  where   former  assessment  invalid.  Act  4045. 
Estimate  as  to  receipts,  deduction  for  delinquencies.   Act  837,  §  36. 
Exemption  of  certain   property  of  Stanford  University  from.   Act   3754. 
Exemption  of  property    of    irrigation    district    from,    Act    1726,  §  66. 
Exemptions,  rights  of  way  and  works  of  protection  district  are  exempt  from  taxa- 
tion,  Act  2805,  §  55. 
Expositions,  tax  to  display  products  at,  supervisors  authorized  to  levy.  Acts  3963. 

4041. 
Hospitals,  cities  of  first  class  authorized  to  levy  tax  for.  Acts  1522,  2342. 
Inheritance  tax,  act  providing  for.  Act  4035. 
Inheritance  tax,  collection   of.    Act   4035. 

Inheritance  tax,  deputy,   controller   authorized   to    appoint.   Act   4034, 
Inheritance  tax,  disposition  of.   Act   4035. 
Inheritances,  collateral,  tax  on.  Act  4040. 
Irrigation    district,    exemption    of   certain    property    of   from    taxation.    Act    1726, 

§  66. 
Legal  tender  notes  are  receivable  in  payment  of  taxes  and  debts.  Act   1895. 
Levy  and  collection  of  taxes  in  cities  of  certain  classes,  Act  4044. 
Levy  and  collection  of  taxes  in  cities  other  than  of  first,  second,  third  and  fourth 

classes,  and  cities  acting  under  charters,  Act  4044. 
Levy  and  collection  in   cities  under  first  class,  Act  4043. 
Licenses.     See  Licenses. 


1756  INDEX. 

TAXATION.      (Continued.) 

Mortgages,  taxe.s  on,  notes  secured  by  moneys  received  in  certain  j'ears,  disposi- 
tion  of,   Act  4054. 

Parks,    supervisors  authorized   to   levy   tax   for.   Act  2877. 

Particular  counties,   taxes  in.      See  particular  title. 

Political  Code  to  govern  all  counties  and  cities  and  counties  in  assessment,  levy, 
etc.,    of   taxes,    Act    4051. 

Poll  tax,  exemption  of  firemen  from  in  certain  counties,  Act  4063. 

Poll  taxes  in  Calaveras  County,   enforcing  collection  of,  Act  484. 

Protection  districts,  rights  of  way  and  works  of  are  exempt  from.  Act  2805,  §  55. 

Public   improvements   within   cities,    special    tax   for.    Act   2344. 

Reassessment  where   former  assessment  illegal,   Act  4045. 

Redemption,  charges  in  counties  of  nineteenth   class.   Act   837,  §  176,    subd.   4. 

Redemption,  charges  in  counties  of  twentieth    class.    Act    837,  §  177,    subd.    4. 

Redemption,  right  of  given  taxpayers  whose  lands  sold  to  state,  in  certain  years, 
Acts  4056-4058. 

Revenue   for   support   of  government,   act   providing.   Act   3017. 

Sales,  certificates  of  sale,  validated,  Act  4059. 

Sales,  deeds  to   state,   validated.   Act  4059. 

Sales,  notices   of,    legalized.    Act   4055. 

Sales,  proceedings  of  tax   collector  in  1874  validated.  Act  4055. 

Solvent   debts,    taxation   of.    Act    4039. 

Special  tax  for  improvements    within    municipalities.    Acts    2344,    4042. 

Special  ta.x  for  specific    public    improvements.    Act    4042. 

Special  tax  to  encourage    immigration    authorized.    Act    4041. 

Special  tax  to  exhibit  county  products  at  expositions   authorized.  Act  4041. 

Special  tax  to   increase  trade   in   products  of  state   authorized.   Act  4041. 

Stanford    University,    exemption    of   certain   property    from.    Act    8754. 

State  board  of  equalization,  appropriation  to  assist  in  gathering  data  for  equaliza- 
tion purposes,  Act  2934. 

State  board  of  equalization,  appropriation  to  employ  expert  to  verify  reports  of 
railroads.   Act   2934. 

State,  county  not  to  bring  action  against  state  for  services  in  connection  with 
taxes.  Act  4049. 

Stock,  tax  on  certificates  of,  Acts  769,   4038. 

Supervisors  authorized  to  levy  tax  to  display  products  at  expositions.  Acts  3963, 
4041. 

Supervisors,  powers   and  duties  of,   Act   837,  §  25,   subd.   12,  §  50. 

Supervisors,  statement  by  clerk  to  before  levying  taxes,  Act  837,  §  50. 

Tax  collector  and  assessor,  consolidation,  separation  and  reconsolidation  of,  Act 
837,  §  55. 

Tax  collector  and  sheriff,  consolidation,  separation  and  reconsolidation  of,  Act 
837,  §  55. 

Tax  collector  and  treasurer,  consolidation,  separation  and  reconsolidation  of,  Act 
837,  §  55. 

Tax  collector,  bond  as  license  collector,  to  give.  Act  837,  §  66. 

Tax  collector,   bond  of.  Act  837,  §  66. 

Tax  collector,  city,  performance  of  duties  of  marshal  or  chief  of  police,  Act  4043, 

•      §  8. 

Tax  collector,  cities  of  the  first  class  chargeable    with   what   sums,    Act    2348,  §  128. 

Tax  collector,  cities  of  the  first  class,  salary   of,   Act   2348,  §§  26,    subd.    5. 

Tax  collector,  cities  of  first  class,  deputies  and  assistants  and  salaries  of.  Act  2348, 
§  26,  subd.  5. 

Tax  collector,  cities  of  third  class,  salary  of,  Act  2348,  §  506. 


INDEX.  1757 

TAXATION.      (Continued.) 

Tax  collector,  cities  of  fifth  class,  city  treasurer  is,   ex  officio,  Act  2348,  §  751. 

Tax  collector,  cities  of  sixth  class,  marshal   is   ex   officio,   Act  2348,  §  851. 

Tax  collector,  county    officer    is.    Act    837,  §  55. 

Tax  collector,  county,  duties    of,    Act   837,  §  149. 

Tax  collector,  county,  ex   officio   license    collector.    Act   837,  §  55. 

Tax  collector,  county,  license  collector,  duties  as.  Act  837,  §  149. 

Tax  collector,  deputies  and  assistants  in  various  counties.      See  particular  county. 

Tax  collector,  salaries  in  various  counties.      See  particular  county. 

TEACHERS.      See   Schools. 

TEHAMA  CITY. 

Hogs  prevented  from  running  at  large  in,  Acts  2995,  4084. 

TEHAMA   COUNTY. 

Agriculture,  protection  of  in,  Act  4068. 

Animals,  trespassing  of,   in.   Act  1071. 

Animals,  trespassing,  prevention    of.    Act    4068. 

Assessor,    salary   and  duties   of,   Act   4069. 

Canal   companies,   incorporation   of,    Act   4070. 

Cemeteries  in,  Act  4071. 

Classification  and  population.  Act  837,  §§  10,  157. 

County  clerk  permitted  to  hire  deputy.  Act  4072. 

Debt  of,  refunding,   Act  4073. 

District  attorney,  salary  of,  Act  4072. 

Fences  in,  Act  1137. 

Fences,  partition  in,  Act  4074. 

Hospital  poll   tax,   Act  4077. 

Officers,  deputies  and  assistants  and  salaries,  fees  and  allowances,  Act  837,  §  193. 

Population   of.   Act   837,  §  10. 

Records    of    Tehama    County,    transcribing    from    records   of    Colusa,    Shasta    and 

Butte  Counties,  Act  4075. 
Red  Bluflf.  See  Red  Bluff. 
Road  poll   tax,   Acts  4076,   4077. 

Stallions  prevented  from  running  at  large  in,   Act  1063. 
State  highway  connecting  road  system  of  with  road  system  of  Humboldt  County, 

Act   1457c. 
Supervisors,   redistricting  and  reorganizing,   Act  4078. 
Tax  collector,  treasurer  ex  officio  is.  Act  4079. 

TELEGRAPH  COMPANIES. 

Communication  between  Asia  and  America,  facilitation  of.   Act  4094. 
Construction  of  line   between   Atlantic   and   Pacific,    Act   4091. 
Construction  of  telegraph  line  from  Los   Angeles    to   Wilmington,    Act   4093. 
Construction  of  telegraph  line  from  San    Jose    to    San   Bernardino,    Act    4092. 
Messages,  secrecy  and  fidelity  in  transmission  of.  Acts  4089,  4090. 
Provisions   of  Pacific  telegraph  act,   aiding  in   carrying  out.   Act   562. 

TENANTS. 

Forcible   entry   and  unlawful  detainer,   act  relating  to.   Act   1208. 

Regulation  of  rights  of  landlord  and  tenant.  Act   1866. 

Tenement  houses,   regulation   of  building   and  occupancy   of,   Act   4097. 

TENANTS  IN  COMMON. 

Suits   may  bring  or  defend.   Act   788. 


TENEMENT   HOUSES. 

Building  and  occupancy  of,  regulation  of,  Act  4097. 

TEXAS  AND  PACIFIC  RAILWAY  COMPAlTSr. 

Ordinances  of  San  Diego  City  relating  to,  legalizing  and  repealing.  Act  3154, 

THEATERS. 

Refusal  of  admission,  liability  for,  Act  4099. 

Refusal  of  admission  to  because  of  race  or  color,  punishment,  Act  605. 

Refusal  of  admission  to  unlawful,  Acts  604,  4099. 

THISTLE. 

Propagation  of  in  certain  counties,  prevention  of.  Act  4104. 

THRESHING  MACHINES. 

Wages  of  laborers  on,  liens  for.  Act  1949. 

TIA  JUANA  FLOOD. 

Appropriation  for  benefit  of  sufferers  from,  Act  4109. 

TICK. 

Boophilus  annulatuB  tick,  extermination  of,  Act  177. 

TICKETS. 

Duty  of  street,  railroad  companies  to  provide,  Act  3919. 

TIDE  LAND  COMMISSIONERS. 
Abolition  of  board  of,  Act  4032. 

TIDE  LANDS.      See   Swamp  and  Overflowed  Lands. 

Lease  of  tide  and  submerged  lands  of  state  by  cities  and  counties  confirmed.  Act 

2385. 
Survey   and  disposition   of,   Act  2858. 

TIMBER.      See  Growing  Trees;   Logs. 

Booms   to   hold   logs   and  timber,   supervisors   authorized  to   permit  building,    Act 

4362. 
Destruction  of  growing  timber  on  private  grounds  in  certain  counties,  prevention 

of,    Act    1577. 
Punishment   for   cutting   or   carrying   away   timber  from   swamp,   overflowed,   tide, 

marsh,  or  school  lands,  Act  1404. 

TIME. 

Extension  of  time  for  performance  of  acts  required  to  be  done  in  June,  1906,  Act 

1094. 
Statutes,  time  of  taking  effect  of,  Act  3883. 

TIOGA  ROAD. 

Free  wagon  road  from  Mono  Lake  basin  to  construction  of,  Acts  1455,  1456. 

TIRES. 

Width  of  tires  of  wagons  used  on  highways,  regulation  of.  Act  1459. 

TITLES.      See  Establishment  of  Title. 
Benicia,   settlement  of,   in,  Act  324. 
Branciforte,    settlement   of   titles   in.   Act   408. 
Torrens  land  act.  Act  4115. 


INDEX.  1759 

TITLES.      (Continued.) 

To  tide  lands  adjacent  to  lands  held  for  military  purposes  ceded  to  United  States, 
Act  3831. 

TOBACCO. 

Experimental  work  in  tobacco   culture,  provisions  for.   Act  4113. 

TOLL  BRIDGES. 

Navigable  streams,  across,  tolls  by  whom  fixed,  Act  420,  §  7. 

Navigable  stream  across,  tolls  fixing  on  disagreement  between  supervisors  of  coun- 
ties,  Act  420,  §  7. 
Navigable  stream,  across,  tolls,  when  take  effect,  Act  420,  §  7. 
Navigable  stream,  franchise  to  erect,  county   on   left  bank  controls,    Act   420,  §  2. 
Navigable  stream,  franchise  to  erect,  supervisors  may  grant.   Act  420,  §  1. 
Navigable  streams,  tolls,    county   on   left   bank   controls,    Act    420,  §  2. 
Public,  act  concerning,  Act  1146. 

Supervisors,  powers  and  duties  of,   Act  837,  §  25,   subd.  4,  subds.  35,  36. 
Toll,  public,  act  concerning.  Act  1146. 

TOLL  ROADS. 

Formation  of  corporation  for  purpose  of,  Act  765. 

TOBRENS  LAND  ACT.      See  Act  4115. 

Certitication  of  titles  and  simplification  of  transfers,  Act  4115. 
Commission  to   examine   and  report   on.    Act   4114. 
System  provided  by   adoption   of.   Act  4115.  - 

TORTS. 

Compensation   for   causing   death  by  wrongful   act   or  neglect,   Act   2451. 

TOWNS.      See  Municipal  Corporations. 

TOWNSHIPS. 

Township    officers,   who   are,    Act    837,  §  56. 

TOWNSITES. 

Hogs  and  goats  prevented  from  running  at  large  on,  Acts  1068,  1070. 

TOWPATHS. 

Along  navigable   streams,  location   of.   Act  4363. 

TRACKS.     See  Railroads;   Spur  Tracks. 

TRADE. 

Boards  of.     See  Boards  of  Trade. 

Formation  of  corporations  for  purpose  of,   Act  763. 

Trusts   in   restraint   of.   Act   4166.      See   Trusts. 

TRADEMARKS.      See  Labels;    Marks   and   Brands. 
Act  concerning,  generally.  Act  4120. 

Protection   of  owners  of   bottles,    boxes,    kegs,   etc.,   used  in   sale   of   liquids.   Act 
4121. 

TRADE  NAMES. 

Act  concerning,   generally.  Act  4120. 

TRADES  SCHOOL.     See  California   State  Trades  and  Training  School. 


1760  INDEX. 

TRADE  UNIONS.     See  Labor  Unions. 

TRADING  STAMPS. 

Penalty   for   violating   statute   forbidding  use   of,    Act   4123. 
Use  for  forbidden,   Act  4123. 

TRAINING   SCHOOL.     See   California    State   Trades   and   Training   School. 

TRAINING    SHIP. 

Establishment  of  in  San  Francisco,  Acts  3327,   3328,  4125. 

TRAMROAD   COMPANIES. 

Incorporation  of  in  Shasta  County,  Act  4130. 

TRANSPORTATION.      See  Railroads. 

Commissioners  of,   creation  of,   Act  676. 

TREASURER,  CITY. 

Bonds  of.      See  Bonds. 

Bonds,  additional,  Act  2371,  §  10. 

Bonds,  additional,  may  be  required,   when.   Act  2900,  §  11. 

Cities   of  200,000   and  over,   in,   Act   4135. 

Cities  of  200,000  and  over,   deputies  and  clerks  of.  Act  4135. 

Cities  of  first  class, demands,  duty  under   one-twelfth  law,    Act  2348,  §§  102-105. 

Cities  of  first  class,  demands,  investigation    of    nonpayment,    Act    2348,  §  97. 

Cities  of  first  class,  demands,  payment   and   registry   of.   Act   2348,  §  96. 

Cities  of  first  class,  deputies  of  and  salaries  of.   Act  2348,  §  26,   subd.   4. 

Cities  of  first  class,  examination    of    books    of.    Act    2348,  §  101. 

Cities  of  first  class,  powers,  duties  and  liabilities  of,   Act  2348,  §§  122,  123. 

Cities  of  first  class,  proceedings   where   treasurer  a   defaulter,   Act   2348,  §  101. 

Cities  of  first  class,  receipts,  duty  to  give,  Act  2348,  §  98. 

Cities  of  first  class,  salary   of.   Act    2348,  §  26,    subd.    4. 

Cities   of  second  class,  duties    of,    Act    2348,  §    378. 

Cities  of  second  class,  salary   of,    and   of    assistant,    Act   2348,  §  307. 

Cities  of  third  class,  duties  of.  Act  2348,  §  552. 

Cities  of  third  class,  salary    of,    Act    2348,  §  506. 

Cities  of  fourth  class,  bond   of,   Act   2348,  §  607. 

Cities  of  fourth  class,  duties    of,    Act    2348,  §  675. 

Cities  of  fourth  class,  salary   of.     Act   2348,  §  674. 

Cities  of  fourth  class,  supervisors  to  elect,  Act  2348,  §  620, 

Cities  of  fifth  class,  bonds    of.    Act    2348,  §  753. 

Cities  of  fifth  class,  compensation  of.  Act  2348,  §  755. 

Cities  of  fifth  class,  duties   of.    Act   2348,  §  786. 

Cities  of  fifth  class,  election   and   term   of  office.   Act  2348,  §  752. 

Cities  of  fifth  class,  ex   officio   tax   collector   and   license   collector.   Act  2348,  §  751. 

Cities  of  fifth  class,  payment  to  by  officers  of  collections.  Act  2348,  §  810. 

Cities  of  sixth  class,  bond    of.    Act    2348,  §  853. 

Cities  of  sixth  class,  compensation    of.    Act    2348,  §  855. 

Cities  of  sixth  class,  duties  of.   Act  2348,  §  876. 

Cities  of  sixth  class,  election  and  term  of  office,   Act  2348,  §  852. 

Cities  of  sixth  class,  officers  making  collections,  payments  into  treasury,  Act  2348, 

§  885. 
Particular   city.      See  particular   title. 
Performance  of  duties  by  county  treasurer.   Act   4043. 


INDEX.  1761 

TEEASUREE,   COUNTY. 

Attorney   hired   for   collection   of  inheritance   and   transfer   taxes   paid   from   com- 
missions,   Act    837,  §  215. 

Auditor  to  charge  with  moneys  deposited  with,   Act  837,  §  113. 

Auditor  to  charge  with  money  received.    Act    837,  §  69. 

Auditor  to  examine  books  of.  Act  837,   §  114. 

Auditor  to  keep  accounts  current  with.  Act  837,  §  112. 

Bond  of.   Act  837,  §  66. 

Books,  accounts  and  vouchers  subject  to  inspection.  Act  837,  5  86. 

Cash   in   treasury,    counting   of.    Act    837,  §§  87,    115. 

City   treasurer,   performance   of   duties    of   by    county   treasurer,    Act   4043. 

Commissions  on  inheritance  and  transfer  taxes.  Act  837,    §  215. 

Consolidation,   separation  and  reconsolidation  of  treasurer  and  tax   collector.   Act 
837,  §  55. 

County  officer  is,  Act  837,  §  55. 

Death  of,  delivery   of   moneys,    books,    accounts,    etc.,    to    successor    by    legal    rep- 
resentative.  Act  837,  §  85. 

Death  of,  proceedings   on.    Act    837,  §  85. 

Deputies  and  assistants  in  various  counties.      See  particular  county. 

Different  classes  of  counties,   in.      See  particular  county. 

District  attorney,   action  by  treasurer   against  for  moneys   not  paid   over,    or  ac- 
counted   for,    Act    837,  §  80. 

Duties,  general,  of,   enumerated,  Act  837,  §  67. 

Duty  on  receiving  money  or  property  from  coroner  or  public  administrator.   Act 
837,  §§  81,    82. 

Expenses  in  making   state   settlements,   allowance   of,   Act   837,  §  215. 

Fees,  what   and  when   to   be  paid  to   county  treasury,   Act    837,  §§216,   218. 

Fees.      See  Fees. 

Grand   jury,    books,    accounts    and   vouchers    subject    to    inspection    and    examina- 
tion of,   Act  837,  §  86. 

Joint    statement   with    auditor    to    supervisors,    Act    837,  §  117. 

Mileage,  in  making  state  settlements,  Act  837,  §  215. 

Money,  not  to  receive  unless  accompanied  by  auditor's  certificate.   Act  837,  §  68. 

Moneys,   to  keep  in  his  own  possession   and  not  loan,   or  permit  another  to  use, 
Act  837,  §  82. 

Must  permit   chairman  of   supervisors,   district   attorney,   and  auditor  to   examine 
books  and  count  cash,  Act  837,  §  87. 

Notary,  may  act  as.  Act  837,  §  65. 

Office  hours,  Act  837,  §  61. 

Officers  charged  with  notice  of  condition  of  treasury.   Act  837,  §  6. 

Particular    county.      See    particular   title. 

Receipts    for   money   to   be    deposited   with    auditor.    Act    837,  §  69. 

Receipts  to   be   given   by   for   money,    Act    837,  §  69. 

Reports  to  supervisors.  Act  837,  §§  78,   79. 

Salary  fund,  deficiency  in,   transfer  of  funds  to,   Act   837,  §  219. 

Salary  fund,  payment  of  fees  into.  Act  837,  §  219. 

Salaries  in  various  counties.      See  particular  title. 

Settlements  with  auditor.  Act  837,  §§  77,  79. 

Special  counsel    for    collection    of    inheritance    or    transfer    taxes,    how    paid.    Act 
837,  §  215. 

Special  deposits  of  public  moneys.  Act  837,  §  83. 

Suspension  from  office  pending  action  against  for  misconduct.  Act  837,  §  84. 

Swamp    land    district    funds    paid    into    county    treasuries,    duties    of    controller, 
auditor   and   treasurer.    Act    1920. 

Warrants,  powers  and  duties  in  relation  to.  Act  837,  §§  69-76, 
Gen.  Laws — 111 


1762  INDEX. 

TEEASUEER,  STATE.     See  Funds. 

Authorized  to  pay  controller's  warrants  drawn   for  salaries,   Act  4136. 

Authorized  to  pay  to  treasurer  of  Veterans'  Home  moneys  received  from  Con- 
gress,   Act    4288. 

Deposit  of  state  moneys  in  banks.   Acts  4133,  4134. 

Deputies,  number  of  increased  for  limited  period,  Act  4139. 

Duties  of,  regarding  warrants,  payments  and  funds,   Act   362. 

General   fund.      See    Funds. 

Increase  in  number  of  clerks  in  office  of,  Act  3871. 

Payment  into  state  treasury  of  moneys  received  by  state  institutions,  commis- 
sions  and  officers,   Act   1279. 

Payments  on  swamp  lands  pledged  to  redemption  of  certain  controller's  war- 
rants.  Act   4024. 

Swamp  land  funds  in  state  treasury  paid  to  treasurers  of  counties.  Acts  1280, 
1920. 

Swamp  land  funds  paid  into  county  treasuries,  duties  of  auditor,  controller  and 
treasurers.  Act  1280. 

Transfer  of  funds  from  drainage  construction  funds  to  general  fund,  Acts  1282, 
1283. 

Transfer  of  funds.     See  Funds. 

Transfer  of  moneys  to  general  fund  by  treasurer  and  controller  authorized.  Acts 
1277,   1281. 

Warrants,  lost,  payment  of.  Act  2033. 

Warrants,  payment  of  destroyed   controller's.   Act  4328. 

Watchman,  additional,  for,  Act  4138. 

Watchmen,  two,  authorized  to  employ,  Act  4137. 

TEEASURT. 

State.     See  Funds;  Treasurer,  State. 

TREES.     See  Big  Tree  Grove;  Growing  Trees. 
Highways,  on.     See  Highways. 

TRESPASS. 

Animals,  trespassing.  Acts  1061  et  seq.     See  Animals. 

Destruction  of  growing  timber  on  private  grounds  in  certain  counties,  preven- 
tion of.  Act  1577. 

Fences,  tearing  down  to  make  passages  through  inclosures,  prevention  of.  Acts 
1140,  4144. 

Hunting  on  inclosed  land,  prevention  of.  Act  1141,   1593. 

Hunting  on  private   grounds   in    certain   counties,    prevention   of.   Act    1577. 

Inclosures,  passing  through  and  leaving  open,  prevention  of,  Acts  1140,  1141, 
1593,   4144. 

Inclosures.     See  Inclosures. 

TRIALS. 

Costs  of,  of  persons  violating  fish  laws  paid  by  state,  Act  1335. 

Costs  of  trial  of  convicts  for  crimes  committed  in  prison,  payment  of,  Act  3859. 

Costs  on  removal  of  criminal  action,  Act  837,  §§  229,230. 

TRINIDAD  BAT. 

Crabs,  preserve  for  in,  creation  and  regulation  of.  Act  1340. 

TRINITY  COUNTY. 

Anim&ls  of  another,  wounding  in,  punishment  of,  Aot  1598. 


INDEX.  1763 

TRINITY  COUNTY.      (Continued.) 

Bridges,  free,  construction  and  maintenance  of,  Act  4150. 

Classification  and  population  of.  Act  837,  §§  10,  157. 

Contingent  fund  for.  Act  4149. 

County  clerk,  salary  of,  Act  4151. 

Fences  in,  Acts  1134,  1135. 

Fences  in,  tearing  down  of,  prevention  of.  Act  1593. 

Humboldt,  Mendocino,  Trinity  and  Klamath  counties,  boundaries  between,  Act  813. 

Hunting  on  inclosed  land  in,  prevention  of.  Act  1593. 

Inclosures,  passing  through  and  leaving  open.  Act  1593. 

Officers,   deputies  and  assistants,   and   salaries,   fees   and   allowances   of,   Act   837, 

§  209. 
Population  of.  Act  837,  §  10. 

Records  of,  transcribing  of  authorized,  Act  4152. 
Schools  in,  employment  of  teachers,  Act  4153. 
State  highway  connecting  road  system  of  with  road  system  of  Humboldt  County, 

Act  1457c. 
Supervisors,  salary  of,  Act  4155. 

Tolls  charged  on  wagon  roads,  supervisors  to  fix  rate  of.  Act  4156. 
iTnder-sheriff  of,  supervisors  to  fix  and  pay  compensation  of.  Act  4154. 

TRINITY  RIVER. 

Survey  of  road  down,  to  connect  with  road  in  Humboldt  County,  Act  1454. 

TRUST  COMPANIES. 

Banks  and  trust  companies,  no  limitations  against.  Act  3877. 
Dissolution  and  winding  up  of  and  disposition  of  funds.  Act  294. 

TRUSTEES.      See  Supervisors. 

Bond  of  trustee  chargeable  against  estate.  Act  368. 

Bonds,  deposit  of  money  or  assets  with  corporation  and  reduction  of  bonds.  Acts 

770,  1055. 
Corporations  authorized  to  act  as.  Acts  770,  1055. 
Corporations  as,  and  powers  and  duties  of,  Acts  770,  1055. 
Deposit  of  moneys  or  assets  with  corporation  and  reduction  of  bonds.  Acts  770, 

1055. 
Missing  persons,  of.     See  Missing  Persons. 

TRUSTS. 

Action  by  attorney  general,  where  may  be  brought.  Act  4166,  §  7. 

Combinations  to  prevent  sale  of  livestock,  prevention  of,  Act  191. 

Creation  of  trusts  for  benefit  of  public  institutions,  Acts  4162,  4163. 

Express  trusts,  execution  of  on  death  of  last  survivor.  Act  4161. 

Public  institution,  assumption  of  control  of  by  trustees.  Act  4164. 

Public  institution,  relinquishment  of  rights  by  founder  or  his  wife,  Act  4164. 

Trusts  relating  to  town  lands  granted  to  cities  by  act  of  Congress,  execution  of. 

Acts  2335,  2336. 
Validity  of  trusts  for  colleges,  universities,  museums,  etc.,  determination  of,  Act 

4165. 

TRUST  LAW  or  1907    (CARTWRIGHT  ACT). 

Actions  by  persons  injured,  Act  4166,  §  11. 

Actions  under,  bringing  in  new  parties,  Act  4166,  §  12. 

Agreements,  associations  or  combinations,  what  permitted.  Act  4166,  §  2'/^. 

Agreements,  combinations  or  trusts,  what  unlawful,  Act  4166,  §§1,  10. 


1764  INDEX. 

TRUST  LAW  OF   1907    (CARTWKIGHT  ACT).      (Continued.) 

Agreements   or  trusts,   what   do   not   fall   within   inhibition   of   statute,    Act   4166, 

§§  l,2yo. 
Attorney  general,  action  by,  where  may  be  brought.  Act  4166,  §  7. 
Attorney  general,  duty  of,  on  violation  of  statute,   Act  4166,  §§  2,  7. 
Attorney  general,  duty  of  where  foreign  corporation  violates.  Act  4166,  §  3. 
Books,  papers,  etc.,  to  be  produced,  when  ordered.  Act  4166,  §  6. 
Contracts  in  violation  of,  void,  Act  4166,  §  8. 
Definition  of.  Act  4166,  §  1. 

District  attorney,  duty  of  on  violation  of  statute,  Act  4166,  §§  2,  7. 
Evidence,   sufficiency  of  in  prosecutions  under,  Act  4166,  §  6. 
Foreign  corporation  amenable  to.  Act  4166,  §  3. 

Foreign  corporation,  duty  of  attorney  general  where  it  violates,  Act  4166,  §  3. 
Foreign  corporation,  revocation  of  license  on  violation  of.  Act  4166,  §  3. 
Indictment,    information    or   complaint    for   violation   of   act,    what    must    set    out, 

Act  4166,  §  5. 
Labor  not  a  commodity  within,  Act  4166,  §  13. 

Parties,  new,  may  be  brought  in,  in  proceedings  under,  Act  4166,  §  11. 
Penalties  for  violation  of.  Act  4166,  §§  4,  7,  10. 
Persons,  include  what.  Act  4166,  §  12. 
Provisions  of  act  are  cumulative.  Act  4166,  §  9. 
Secretary  of  state,  revocation  by  of  license  of  foreign  corporation  violating  statute, 

Act  4166,  §  3. 
Trust  certificates  unlawful,  Act  4166,  §  10. 

Trusts,  what  do  not  fall  within  inhibition  of  statute.  Act  4166,  §§  1,2^. 
Trusts,  what  fall  within  inhibition  of  statute.  Act  4166,  §§1,  10. 
Violation  of,  duty  of  district  attorney  or  attorney  general.  Act  4166,  §§  2,  7. 
Witness  not  privileged  from  testifying  in  prosecutions  under.  Act  4166,  §  6. 
Witnesses  not  to  be  prosecuted  on  account  of  any  testimony  given,  Act  4166,  §  6. 

TUBERCULOSIS.     See  Public  Health. 

TULARE  COUNTY. 

Assessor,  salary  and  bond  of,  Act  4170. 

Auditor  and  recorder,  separation  of  offices  of,  Act  4172. 

Big  trees  in,  protection  of.  Act  338. 

Board  of  health,  establishing.  Act  4171. 

Branding  of  calves  in.  Act  183. 

Classification  and  population  of.  Act  837,  §§  10,  157. 

County  clerk  and  recorder,  separation  of  offices  of.  Act  4173. 

Fences,  division,  in.  Act  1138. 

Fresno  and  Tulare  counties,  boundary  line  between,  Acts  811,  819'. 

Kaweah  River,  board  of  commissioners  for,  Act  1774. 

Notaries,  additional,  for.  Act  2500. 

Officers,  deputies  and  assistants  of,  and  salaries,  fees  and  allowances  of,  Act  837, 

§  175. 
Officers  of,  salaries  of,  regulation  of,  Act  4172. 
Population  of,  Act  837,  §  10. 

Recorder  and  auditor,  separation  of  offices  of,  Act  4172. 
Recorder  and  county  clerk,  separation  of  offices  of.  Act  4173. 
Roads,  public,  in.  Act  4174. 
Sheriff,  traveling  fees  of,  Acts  4175,  4176. 
Slaughtered  animals,  records  of,  keeping  in,  Act  183. 
Slaughtered  cattle,  hides  of,  keeping  of,  Act  183. 


INDEX.  1765 

TULARE   COUNTY.      (Continued.) 
Squirrels,  destruction  of,  Act  187. 
Superior  judges,  increasing  number  of.  Act  4177. 
Superior  judges,  reducing  number  of,  Act  4178. 
Tax  collector,  bond  of.  Act  4179. 
Water  commissioners  for.  Act  4365. 
Water  ditches  and  water  privileges  for  agriculture  and  manufacturing.  Acts  4180, 

4181. 
Water  ditches  and  water  privileges  for  irrigation,  mining  and  manufacturing,  Act 

4181. 
Waters,  overseer  to  regulate.  Act  4365, 

TULE  LAKE. 

United   States   government  authorized  to  lower  level   of  and  use  lake  or  bed  for 
reclamation  or  irrigation.  Act  1858. 

TUOLUMNE  COUNTY. 

Animals  of  another,  wounding  in,  punishment  of,  Act  1593. 

Classification  and  population  of,  Act  837,  §§  10,  157. 

Fences,  division,  in.  Act  1138. 

Fences  in,  tearing  down  of,  prevention  of.  Act  1593. 

Fences,  lawful,  in,  Acts  1134,  4186. 

Fires,  leaving  of,  punishment  of,  Act  1593. 

Fish  commissioners  authorized  to  construct  fish  repository  on  Stanislaus  River  in, 

Act  1299a. 
Hunting  on  inclosed  private  land,  prevention  of,  Act  1593. 
Inclosures,  passing  through  and  leaving  open,  Act  1593. 
Indigent  sick,  care  and  maintenance  of.  Act  4187. 
Officers,    deputies    and   assistants,    and   salaries,    fees   and    allowances    of,  Act  837, 

§  191. 
Officers  of,  salaries  of.  Act  4189. 
Population  of,  Act  837,  §  10. 

Supervisors,  commencement  of  terms,  Act  4190, 
Township  officers,  regulating,  Act  4188. 
Treasurers  of,  bonds  of.  Act  4191. 

TUOLUMNE  RIVER. 

Bridge  across  at  Modesto,  construction  of,  Act  4196. 
Head  of  navigation  in.  Act  4197. 
Navigability  of.  Act  4358. 

TURNPIKE  CORPORATIONS. 

Formation  of.  Acts  765,  4202. 

u 

UKIAH. 

Incorporation  of.  Act  4207. 

UNDERTAKERS. 

Deaths,  duties  relating  to,  Act  897. 

Rules  governing  embalming  of  dead  bodies.  Act  2830,  §§  18,  19. 

UNDERWRITERS. 

Fire  patrol,  establishment  of  by.  Act  1188. 

UNINCORPORATED  ASSOCIATIONS.      See    Benefit    Societies;    Building   and   Loan 
Associations. 


1766  INDEX. 

UNINCORPOEATED  ASSOCIATIONS.      (Continued.) 
Acknowledgments  by  validated,  Act  19. 
Boards  of  trade.      See  Boards  of  Trade. 
Chambers  of  commerce.      See  Cliambers  of  Commerce, 
Incorporation  of,  Act  4209. 
Mechanics'  institutes.      See  Mechanics'  Institutes. 

UNION. 

Incorporation  of,  Act  4209. 

Name  changed  to  Areata,  Act  4209. 

UNION  ISLAND  RECLAMATION  DISTRICT. 

In  San  Joaquin  County,  creation,  organization  and  government.  Act  2970. 

UNIONS.     See  Labor  Unions. 

UNITED  STATES.      See  Public  Lands. 

Assent  of  state  to  act  of   Congress  applying  proceeds  of  public  lands  to   college, 

Acts  634,  3786. 
Assent  of  state  to  purchase  by  United  States  for  public  purposes,  Act  4212. 
Assent  of  state  to  reservation  by  Congress  for  public  park,  Act  3785. 
Authorized  to  lower  waters  of  certain  lakes  in   Siskiyou  and  Modoc  counties  and 

use  lakes  or  beds  for  reclamation  or  irrigation.  Act  1858. 
Certain  tide  lands  in  Humboldt  Bay  granted  to,  to  improve  harbor.  Acts  1551,  1552. 
Cession  of  land  under  certain  lakes  to.  Act  1858. 

Claims  of  state  against,  employment  of  counsel  to  prosecute.  Act  1388. 
Conveyance   of   and   cession   to    federal    government   of   lands    for   lighthouses.  Act 

1956. 
Conveyances  by  trustees  of  San  Diego  to,  authorized.  Acts  3151,  3152. 
Desecration  of  flag  prohibited,  Act  1198. 
Federal  prisoners,  confinement  of,  Act  2768. 
Forest  reserve  fund.      See  Forestry. 

Governor  authorized  to  convey  to  United  States  sites  for  lighthouses.  Act  2446. 
Governor  authorized  to  reconvey  to  United  States  part  of  agricultural  college  grant. 

Act  2846. 
Grants  to  of  rights  of  way  for  canal  from  Mormon   Channel   to   Calaveras  River, 

Act  3353. 
Harbor  commissioners  of  San  Diego  Bay  authorized  to  transfer  jurisdiction  over 

certain  tide  lands  to.  Act  3159. 
Joint  investigation  by  state  with  federal  government  of  water  resources  of  state, 

Act  4352. 
Joint    investigation    with    federal    government    of    forest    preservation,  Acts  4352, 

4367. 
Joint  investigation  with  federal  government  of  water  resources.  Act  4367. 
Jurisdiction  ceded  to,  over  lands  given  to.  Act  3830. 
Jurisdiction  over  certain  lands  ceded  by  state  to,  Act  3784. 
Jurisdiction  over  lands  acquired  for  military  purposes  ceded  to,  Act  3829. 
Jurisdiction  over  lands  near  Lime  Point  ceded  to  United  States,  Act  4215. 
Lands  ceded  to  federal  government,  jurisdiction  of  state  over.  Act  1956. 
Lands  within  Indian  reservations  granted  to  United  States,  Act  1605. 
Mariposa  Big  Tree  Grove  receded  to,  Act  4470. 
Release  of  certain  lands  to  by  state,  Act  3783. 
Relinquishment  to  United  States  of  lands  required  for  military  or  naval  purposes, 

Act  4214. 
Right  of  way  for  railroad  from  Atlantic  to  Pacific  granted  to  United  States,  Act 

4218. 


INDEX.  1767 

UNITED   STATES.      (Continued.) 

Right  of  way  granted  to  for  canal  from  Mormon  Channel  to  Calaveras  River,  Acts 

2893a.  3353. 
Rights  of  way  over  state  lands  granted  to,  Act  2873. 

San  Diego  County,  certain  tide  lands  in,  conveyed  to  United  States,  Act  3160. 
Settlement    of    controversy   between    state    and   United    States    concerning    certain 

public  land.  Act  2875. 
State   authorized  to  release  to  United  States   school  lands  in  Cleveland  National 

Forest,  Act  2876. 
Street  assessments  against  property  of  in  San  Francisco,  payment  of,  Act  3306. 
Title  to  certain  lands  in  Yolo  County  released  to  United  States  and  its  grantees. 

Act  4459. 
Title    to    lands   uncovered   by   lowering   of   certain   lakes    in    Siskiyou    or    Modoc 

counties  granted  to.  Act  1858. 
Title  to  tide  lands  adjacent  to   lands  held  for  military  purposes  ceded  to  United 

States,  Act  3881. 
Transfer  of  Veteran's  Home  in  Napa  County  to,  Act  4289. 
Yosemite  Valley,  receded  to,  Act  4470. 

TTNITED   STATES  COAST   SURVEY.      See  Coast  Survey. 

Persons  engaged  in,  authorized  to  enter  upon  lands  in  state,  Act  4220. 

XmiTED   STATES  FLAG. 

Desecration  of  prohibited,  Act  4225. 

UNITED   STATES  MAIL. 

Carriers  permitted  to  ride  free  on  street-cars.  Act  2930. 

UNITED  STATES  SECRETARY. 

Assault  upon,  punishment  of.  Act  693. 

Conspiracy  to  commit  any  crime  against,  punishment  of.  Act  693, 

Election  of  by  people,  submitting  question  of  to  vote.  Act  4230. 

UNITED   STATES  SENATE. 

Expressing  choice  for  senator  at  primary  elections,  Act  1013, 

UNITED  STATES  SENATOR. 

Submission  to  people  question  of  election  of  by  direct  vote.  Act  4230. 

UNIVERSITIES.      See  Stanford  University;   University  of  California. 
Assumption  of  control  by  trustees.  Act  4164. 

Gifts  and  donations  to,  encouragements  and  protection  of.  Acts  4162,  4163. 
Relinquishment  of  rights  in  by  founder  or  wife.  Act  4164. 
Trusts  for  benefit  of,  creation  of,  Acts  4162,  4163. 
Trusts  for  benefit  of,  determination  of  validity  authorized.  Act  4165. 

UNIVERSITY  CADETS. 

Appropriation  for  payment  of,  for  April-June,  1906,  Act  2430. 

UNIVERSITY  OF  CALIFORNIA.      See  Colleges;  Hastings  College  of  the  Law. 
Affiliated  colleges,  appropriation  for  buildings  for.  Acts  4254,  4255. 
Appropriation  for  reimbursement  of  endowment  fund.  Acts  4247,  4248,  4263. 
Appropriation  of  $200,000  biennially  for.  Act  4245. 
Appropriation  to  replace  lost  income,  Act  4239. 
Branch  agricultural  experiment  stations,  establishment  of,  Act  4258. 


1768  INDEX. 

UNIVERSITY  OF  CALIFORNIA.      (Continued.) 

Cereal  crops,  investigations  and  experiments  as  to,  Act  62. 

Cereal  crops,   investigation  of  under  direction  of  agricultural  experiment  station, 

Act  62. 
Continuous  appropriation  for  support  and  maintenance  of.  Act  4245. 
Creation  and  organization  of,  Act  4240. 
Diseases  of  cultivated  plants,  trees  and  crops,  investigation  of  nature  and  means 

of  control,  Act  1519. 
Diseases  of  trees  and  plants,  investigation  of,  Act  4258. 
Endowment  fund,  reimbursement  for  loss  in,  Act  4248. 

Endowment  fund,  reimbursement  for  moneys  withheld  or  withdrawn  from,  Act  4247. 
Endowment  of,  Acts  4241,  4242. 
Farmers'  institutes,  holding  of,  Act  4252. 

Fertilizers,  powers  and  duties  in  relation  to.  Act  1157,  §§  3-11. 
Foi-estry,  appropriation  for  experimental   station.  Act  1220. 
Forestry,  property  of  board  of  transferred  to.  Act  1220. 
Funds  of,  control,  investment  and  security  of,  Act  4249. 
Grfint  of  certain  land  to  regents  of.  Act  4246. 
Hastings  Law  College,  creation  of.  Act  1440. 
Imperial  County,   establishment  of  branch   agricultural   experiment  station  in,  Act 

4262. 
Imperial    County,    investigation    of    agricultural    and   horticultural    conditions    in, 

Act  4262. 
Insurance  of  property  of,  Act  4250. 
Interest  on  state  bonds  held  in  trust  for  university  and  school  funds,  payment  of, 

Act  374. 
Intoxicating  liquors  not  to  be  sold  within  two  miles  of.  Act  4253. 
Investigation  of  tree  and  plant  diseases  and  pests,  Act  4258. 
Lands  of,  land  contests,  determination  of,  Act  4251. 
Lands  of,  selection  and  sale  of,  Act  4251. 
Medical   department  of.  Act  4256. 
Music,  department  of,   created  in.  Act  4257. 
Music,  professorship  of,   provision  for,  Act  4257. 
Organization  of,  Act  4240. 

Pathological  laboratory,   establishment  of,  Act  4258. 

Pear  blight  and  walniit  blight,  investigation  and  eradication  of  by.  Act  1511. 
Pests,  investigation  of.  Act  4258. 
Regents  authorized  to  exchange  tract,  constituting  Santa  Monica  Forestry  station, 

Act  4256. 
Sale  of  intoxicating  liquors  near,  prohibited,  Act  4253. 
San   Diego   City  authorized  to   convey  portion  of  La  Jolla  Park  to  for  biological 

station.  Act  3157. 
State  hygienic  laboratory,  director  and  assistants,  Act  4260. 
State  hygienic  laboratory,  establishment  of,  Act  4260. 
Supply  of  water  for,  Act  893. 

Tax  for  support  of,  disposition  of  proceeds  of,  Act  4244. 
Tax,  levy  of,  for  support  of,  Acts  4243,  4244. 

Tobacco  culture,  experiments  in  by  agricultural  department  of.  Act  4113. 
University  farm,  commission  to  select  and  purchase.  Act  4261. 
University  farm,  provision  for  purchase  of.  Act  4261. 

University  farm,  school  of  agriculture  and  system  of  instruction  on.  Act  4261. 
"Viticulture,  experimental  and  research  work  in  by.  Act  1511. 
Viticulture,  experimental  and  research  work  in,  to  prosecute.  Acts  4259.  4307. 


INDEX.  11 

UNIVERSITY  or  CALIFORNIA.      (Continued.) 

Viticulture,  reports  of  results,   investigations  and  experiments,  Acts  1511,  4259. 
Water,   supply  of  for,  Act  893. 

UNLAWFUL  DETAINER. 

Forcible  entry  and  unlawful  detainer,  act  concerning,  Act  1208. 


VACCINATION. 

Children,  vaccination  of.  Act  2840. 

VAGRANCY. 

Punishment  of.  Act  4261. 

VALLEJO. 

Charter  ef,  Act  4265. 

Incorporation  of,  Acts  4266,  4267. 

Township  board  of  education  of,  establishment  of,  Act  4268. 

VAN  NESS  ORDINANCE. 
Ratification  of,  Act  3332. 

VENDOR  AND   VENDEE. 

Maps  filed  for  purposes  of  sale,  requisites  of,  Act  2064. 
Recording  of  maps  for  purpose  of  sale,  Acts  2064,  20C5. 
Sale  of  lots  before  recording  map,  penalty.  Acts  20G4,  2065. 

VENTURA  COUNTY. 

Bonds  of  officers  of,  Act  4276. 

Boundaries  of,  Act  4273. 

Classification  and  population  of,  Act  837,  §§  10,  157. 

Creation  of.  Act  4273. 

Fences,  division,  in.  Act  1138. 

Legal  distances,  defining.  Act  4274. 

Officers,  deputies  and  assistants,  and  salaries,  fees  and  allowances.  Act  837,  5  187. 

Officers  of,   salaries  of,  Act  4275. 

Population  of.  Act  837,  §  10, 

VENUE. 

Costs  in  criminal  actions  removed  before  trial,  Act  781. 

Costs  on  removal  of  criminal  action.  Acts  781,  837,  §§  229,  230. 

VESSELS.      See  Shipping;  Yacht  Clubs. 

Mooring  to  buoys  or  beacons  prevented.  Act  4354. 
Spark-catchers,  use  of  on  steamers.  Act  3888. 
Throwing  overboard  of  ballast  prevented.  Act  4354. 
Wrecks.      See  Wrecks. 

VETERANS.      See  Soldiers  and  Sailors;  Veterans'  Home;   Woman's  Relief  Corps. 
Pension  matters,  no  fees  in,  Acts  829,  1122. 
Soldiers,  sailors  and  marines  of  war  of  rebellion  preferred  in  public  service,  Act 

2893. 
Unlawful   wearing  of   badge  of   Grand   Army   of   the   Republic,   prevention  of,  Act 
1392. 


1770  INDEX. 

VETERANS'  HOME. 

Acceptance  of  title  to  Veterans*  Home  in  Yountville,  Act  4283. 

Appropriation  for  support  of  indigent  persons  residing  in,  Act  4286. 

Conveyance  of  property  in  Napa  to  state  accepted,  Act  4283. 

Directors  authorized  to  exchange  or  lease  lands  in  San  Francisco,  Act  4285. 

Erection  of  modern  hospital  for  at  Yountville,  Act  4281. 

Excepted  from  provisions  of  act  creating  state  board  of  charities,  Act  573,  §  7. 

Lease   of  property   of  veterans   by   county,    city   and   county   or   town  authorized, 

Act  4287. 
Liquor,  sale  of  near,  prohibited.  Acts  1692,  1693,  3696. 
Me.xican  war  veterans  authorized  to  exchange  lands.  Act  4284. 
Napa  County,  directors  authorized  to  purchase  certain  property,  Act  4290. 
Napa  County,  made  a  state  home  for  soldiers,  sailors  and  marines.  Act  4283. 
Napa  County,  transfer  of  to  federal  government,  for  national  home,  Act  4289. 
Napa  County,  sale  of  liquor  near,  prohibited.  Act  1693. 

Oificer  to  receive  money  appropriated  by  United  States,  designation  of.  Act  4282. 
Soldiers'  home,  sale  of  intoxicating  liquor  near  prohibited.  Acts  1692,  1693,  3696. 
State  treasurer  authorized  to  pay,  to  treasurer  of,  moneys  received  from  Congress, 

Act  4288. 
Yountville,  acceptance  of  title  to  by  state.  Act  4283. 
Yountville,  erection  of  modern  hospital  at.  Act  4281. 
Yountville,  excepted  from  provisions  of  act  creating  state  board  of  charities  and 

correction.  Act  573,  §  7. 
Yountville,  home  at  recognized  as  state  home.  Act  4282. 
Yountville,  sale  of  liquor  near,  prohibited,  Act  1693, 

VETERINARIAN. 

State,  creation  of  office  of,  Act  180. 

VETERINARY  SURGERY.      See  State  Veterinarian. 

Board  of  examiners,  appointment,  powers,  duties  and  compensation,  Act  4294, 

Board  of  examiners,  creation  of,  Act  4294. 

Examinations,  Act  4294. 

Licenses,  issuance,  revocation  and  suspension  of.  Act  4294. 

Offenses  under  statute  and  penalties  for,  Act  4294. 

Regulation  of  practice  of,  Acts  4293,  4294. 

VICE-PRESIDENT. 

Assault  upon,  punishment  of.  Act  693. 

Conspiracy  to  commit  any  crime  against  punishment  of,  Act  693, 

VINES.      See  Viticulture. 
Better  protection  of,  Act  73. 

VIS  ALIA. 

Incorporation  of.  Act  4298. 
Public  schools  in.  Act  4298. 
Quieting  titles  to  town  lots  in.  Act  4299. 

VITAL  STATISTICS.     See  Deaths;  Labor  Bureau. 

VITICULTURE.      See  Horticulture. 

Commissioners,  apppintment  of,  Acts  4304,  4306. 
Commissioners,  powers  and  duties  of,  Acts  4304,  4305* 
Creation  of  viticultural  district,  Act  4306. 


INDEX.  1771 

VITICULTURE.      (Continued.) 

Experimental   and  research   work   in,    University   of   California   to   prosecute,   Act 

4307. 
Officers,  appointment  of.  Act  4304. 
Promotion  of.  Act  4306. 
Protection  of,  Act  4307. 

Sale  of  fertilizers  and  manurial  materials,  regulation  of.  Act  1157. 
University,  experimental  and  research  work  in  by,  Act  1511. 

University,  publication  of  results  of  investigation  and  experiments  by,  Act  1511. 
Viticultural  districts,  promotion  of,  Act  4306. 

VOLUNTEERS. 

California,  revision  of  records  of  and  publication  of.  Act  520. 

w 

WAGERS.     See  Gaming. 

WAGON  ROAD  CORPORATIONS. 

Formation  of.  Act  4312. 

WAGON  TIRES. 

Width  of,  used  on  highways,  regulation  of.  Act  1459. 

WARS. 

Claims  against  state  of  soldiers  serving  in  Indian  wars,  auditing  and  examining, 

Act   1607. 
War  debt  of  state  and  redemption  of.  Act  2823. 

WARDS.     See  Guardian  and  Ward. 

WAREHOUSES. 

Receipts,  Acts  4318,   4319,   4393. 

Receipts,  act  of  1909  to  make  uniform  the  law  of.  Act  4230. 

Receipts,  issuance,  sale  and  transfer  of,  regulation  of.  Act  4319. 

Receipts,  law  governing.  Act  4230. 

Receipts,  warehouse  receipts,  act  of  1909,  Act  4230. 

Rights  and  liabilities  of  warehousemen,  Act  4230. 

Sale  of  goods  in  warehouses  in  other  states,   Act  4319. 

Sale  of  stored  goods  authorized  after  certain   period.  Act  4317. 

Weights  and  weighers  for  warehousemen.  Act  4383. 

WARM    SPRINGS    CREEK. 
Navigability   of.   Act  4323. 

WARRANTS. 

Auditor,  duties  of  in  relation  to.  Act  837,  §§  109  et  seq. 
Cancellation  of  warrants  not  called  for,   Act  362. 

County,  powers  and  duties  of  treasurer  in  relation   to.   Act   837,  55  67-76. 
County,  preference  in  payment  of.  Act  837,  §  74. 
County.      See  Counties. 

Duplicates,  issuance  of  where  mutilated  or  defaced,  Act  440. 
Lost  controller's  warrants,  payment  of,  Acts  2033,  4328. 
Payment  of  destroyed   controller's  warrants,    Acts   2033,   4328. 
Payments   oa   swamp   lands,    pledged   to    redemption   of   certain    controller's,    Act 
4024. 


1772  INDEX. 

WARRANTS.      (Continued.) 

Reclamation    district   No.    108,    Yolo    County,    warrants    and    assessments   to    bear 

interest,   Act   2956. 
Statement  of  fees  to  precede  warrant  for  salary.   Act  837,  §  221. 
Swamp  land  district  No.  70,  Sutter  County,  warrants  to  bear  interest.  Act  2953. 

WASHINGTON  TOWNSHIP. 

Alameda   County,    certain   creek   in  declared  navigable,   Act   4359. 
Yolo   County,   hogs   and   goats   in.   Act   4333. 

WASTE. 

Artesian  water.      See  Artesian  Wells. 

Subterranean   waters,   prevention   of   waste   of.    Act   4356. 

WATER  COMPANIES. 

Cities  of  second  class,  capacity  of  pipes.  Act  2348,  §  359. 
Incorporation   of.   Acts   4343,   4344. 
Municipal   water   districts.      See   Waterworks. 
Penalty  for  injuring,  defrauding,   etc.,  Act  4345. 
Protection  of.  Act  4345. 

Rates,  fixing,  duty   of   companies.   Act  4348. 

Rates,  fixing  of  by   supervisors,   Acts   2380,   3958,   4346,   4348. 
Rates  of    water    furnished    for    irrigation.    Act    1730,  §  2. 
Rates,  penalty  for  failure  of  supervisors  to  fix.  Act  4348. 
Rights   of  way  for.    Act   4347. 

Sale,  rental  and  distributing  of  appropriated  water  other  than  in  cities,  regulation 
and   control   of,   Act   4347. 

WATER  DISTRICTS. 

Municipal    water    districts,    incorporation,    organization    and   management    of,    Act 
2390. 

WATERFRONT. 

Cities  of  third  class,  improvement  of  in.  Act  2348,  §§  532,  535. 

Cities  of  fifth   class,   waterfront,   improvement   of  and  fund  for.   Act   2348,  §  776. 

Harbor    commissioners.      See    Harbor    Commissioners. 

WATERING  RESORTS. 

Precautions  required  of  owners  of  bathhouses  for  safety  of  public,   Act  4369. 

WATER  RATE   COLLECTOR, 

Cities  of  third  class,  salary  of,  Act  2348,  §  506. 

WATERS.      See  Water  Companies;   Waterworks. 

Alameda  County,  certain  creeks  in  declared  navigable.  Acts  4357,  4259. 

Analyzing   mineral   waters.    Act    3799. 

Artesian  wells,  regulation  of  use  of.   Act  4356. 

Artesian  wells.      See  Artesian  Wells. 

Board  of  commissioners  to  regulate  watercourses  in  certain  counties,   Act  4365. 

Booms,  franchises   for  construction,    supervisors   authorized   to   grant,  Act   392. 

Booms  to  hold  logs  and  timber,  supervisors  authorized  to  permit  building.  Act  4362. 

Buoys  and  beacons,  protection  of.  Act  435. 

Bridges.      See   Bridges. 

Canal  corporations.      See  Canal  Corporations. 

Canals.      See  Canals. 


INDEX.  1773 

WATERS.      (Omtinued.) 

Cities    authorized   to    acquire,    Act   2337. 

Commissioners  of  public  works,  duties  in  relation  to  flood  waters,  Act  2890,  §  2. 

Commissioners  to  regulate  watercourses  in  particular  counties,   Act  4365. 

Department  of  engineering  to  make  topographic  surveys  and  investigations  of 
water  resources.   Act   3813. 

Diablo  Creek  declared  navigable,   Act  932. 

Ditches.      See  Ditches. 

Examining  commission  on  rivers,  appointment,  powers,  duties  and  compensation, 
Act    4364. 

Plumes.      See  Flumes. 

Franchises  for  constructing  booms,   supervisors  authorized  to   grant,   Act  392. 

Fresno  County,  water  ditches  and  water  privileges  in,  Act   1272. 

Gas-bearing  strata,  prevention  of  injury  to  by  water.  Act  2557. 

Harbors,  protection  of.  Act  4354. 

Highways,  protection  of  from  damage  by  storm,  waters  and  floods,  Act  1463. 

House-boats   in   rivers   and   streams,   prohibition  of  mooring   of.   Act   4368. 

Innavigable  streams,  declaring  to  be  highways  for  floating  logs  and  lumber,  Act 
4361. 

Innavigable  streams,  improvement  and  use  of,  Act  4361. 

Irrigation.      See   Irrigation. 

Joint  investigation  with  federal  government  of  water  resources.  Act  4352. 

Lakes,  sale  of  land,  uncovered  by  recession  of,  regulatioa  of,  Acts  2857,  4031. 

Lease   of  water  by   irrigation   district.   Act   1729. 

Levee  districts.      See  Levee  Districts. 

Miner's  inch  of  water,  fixing  and  defining.  Act  4355. 

Mooring  to  buoys  or  beacons  prevented.  Act  4354. 

Municipal   water   districts,   organization,   creation   and  management   of,    Act   2390. 

Navigable  streams,  location  of  towpaths  along,  Act  4363. 

Navigable  streams,  obstruction  of  prevented.  Act  4353. 

Nuisances,  house-boats,  sewers,  privies,  vaults,  etc.,  on,  when  are.  Act  4368. 

Oil-bearing  strata,  prevention  of  injury  to  by  water.  Act  2557. 

Overseers   to   regulate   in  particular   county.      See  particular   title. 

Particular  stream,   lake,   or  creek.      See  particular  title. 

Pollution  of  forbidden.   Act  2830,  §§  2-5. 

Protection  districts.      See  Protection  Districts. 

River   improvement  in   cities   of  third  class.   Act   2348,  §  535. 

Rivers,  rectifying  channels  and  improving  by  department  of  engineering.  Acts 
3814,  3815. 

Sewers,  privies,  vaults,  etc.,  maintenance  of  on,  prohibition  of.  Act  4368. 

Storm-water   districts.      See    Storm-water   Districts. 

Subterranean  waters,   prevention  of  waste  of.   Act  4356. 

Supervisors  authorized  to  declare  innavigable  streams  highways  for  logs  and  tim- 
ber,  Act  4361. 

Supervisors,  duties  regarding  care,  improvement  and  protection  of  streams  and 
banks,    Act    837,  §  52. 

Throwing  overboard  of  ballast  prevented,   Act  4354. 

Towpaths  along  navigable  streams,   location  of,   Act  4363. 

Water  commissioners  for  various  counties.      See  particular  county. 

WATERWORKS. 

Cities  authorized  to  acquire  water,  water  rights,  reservoir  sites,  etc.,  Act  2337. 
Cities  authorized  to   incur  debt   to   construct  waterworks.   Acts   2361,   2900. 
Cities,  bonds  for  construction  of  works   to  protect  from  overflow.   Act  2366. 
Cities,  joint  ownership  of  by,   authorized,   Act  2362. 


1774  INDEX 

WATERWORKS.      (Continued.) 

Cities  of  first  class  authorized  to  obtain  waterworks,   Act  2360. 

Cities,  of  second  class,   capacity  of  pipes  and  regulations  as  to  laying,   Act  2348, 

I  359. 
City  owning  authorized   to   sell   excess,   Act   2363. 
Incurring    indebtedness    for    by    cities,    Acts    2361,    2900. 
Municipal    water    districts,    incorporation,    organization    and    management    of,    Act 

2390. 
Right  of  cities   to   take  materials  from   state   lands   and  waters  belonging   to   state 

in  constructing,   Act  2388. 
Rights  of  way    over    state    lands   granted   cities    for   purpose   of    erection   of,    Act 

2388. 

WATSONVILLE. 

Charter  of,   Act  4370. 
Incorporation   of,    Act    4371. 

WAWONA. 

Yosemite  and  Wawona  road,  appropriation  to  purchase,  Acts  1452,  4468. 

WATS.     See  Highways. 

WEAPONS. 

Deadly,  improper  and  criminal  nse  of,  prevention  of,  Act  887. 

WEAVERVILLB. 

Hogs  and  goats  prevented  from  running  at  large  in,  Act  4376. 

WEEDS. 

Eradication  of  certain  weeds  in  cities,  Act  3925. 

WEIGHTS   AND    MEASURES. 

Standard  of,   Acts  4381,   4382. 

Warehousemen  and  wharfingers,  weights  and  weighers   for.  Act  4383. 

WELLS. 

Artesian   wells.     See  Artesian  Wells. 
Oil  wells.      See   Oil. 

WESTERN  DISTILLERIES. 

Managers  of  Agnews   State   Asylum  authorized   to   convey  certain  realty  to.   Act 
1647. 

WEST    SIDE   IRRIGATION   DISTRICT. 

Creation   of.   Acts   1725,   4388. 

WHARFINGERS. 

Receipts,    Acts  4318,   4393. 

Weights  and  weighers  for,  Act  4383. 

WHARVES. 

Supervisors  authorized  to  grant  right   to  construct,   Act  4398, 
Supervisors,  powers  and  duties  of.  Act  837,  §  25,  subd.  4. 

WHEATLAND. 

Incorporation  of,  Act  4403. 


INDEX.  1775 

WHITTIER  STATE  SCHOOL. 

Commitments  to,  Acts  2756,   4410. 

Commitments  to,   authority  given  to   superior  judges.    Acts  2756,   4410. 

Dependent  and  delinquent  minors,  commitment  to  and  discharge  from.  Act   1770, 

Establishment  of.  Act  4408. 

Evil-disposed  persons,  prevented  from  coming  on  grounds  of,  Acts  2755,  4409. 

Juvenile  offenders,  discipline,  education,  employment  and  reformation  of,  Act 
4408. 

Juvenile  offenders,  establishment   of   for,    Act   4408. 

Maintenance   of   inmates,   liability   for.   Acts   2756,   4410. 

Trustees  authorized  to  acquire  property  by  gift,  bequest  or  devise.  Acts  2757, 
4412. 

Trustees  authorized  to  keep  girls  in  charitable  institutions  or  with  private  per- 
sons. Act  4411. 

WILD  ANIMALS.     See  Animals. 

WILD  GOOSE  SCHOOL  DISTRICT. 

Rattlesnake  school  district,  and  El  Dorado  County,   consolidated.  Act  3543. 

WILMINGTON. 

Construction  of  telegraph  lines  from  Los  Angeles  to.  Act  4093. 

Incorporation   of,   Act   4415. 

Name  of  New  San  Pedro  changed  to  Wilmington,  Act  2484. 

Pilots  appointment  of  at,   and  duties  and  compensation  of.  Act  2672. 

WILLS. 

Public   institutions,    gifts   to,    encouragement    of.    Acts   4162,    4163. 

Trustees  of  Preston   School  of  Industry,   or  Whittier   State   School   authorized   to 

acquire  property  by.   Acts  2757,   4412. 
Trusts.      See   Trusts. 

WINES.      See  Intoxicating  Liquors;    Viticulture. 

Deception  in  manufacture  and  sale   of,   prevention  of.   Act   45. 
Uniform  wine  nomenclature  for  pure  wines,  securing.  Act  45. 

WITNESSES. 

Costs  of  serving  subpoenas.   Act   782. 

County  clerk  as  witness  outside  of  city,   fees  and  expenses.  Act  2348,  §  126. 

Fees  of.  Act  414. 

Fees  of  and  mileage  in   counties  of  thirtieth  class.   Act  837,  §  195,   subd.   16. 

Fees  of  in  counties  of  thirty-fourth  class.  Act  837,  §  191,  subd.  19. 

Fees  of,  in    San   Francisco,   Acts   3217,    3346. 

Fees  of  jurors  and  witnesses  a  county  charge.  Act  837,  §  228,  subd.  4. 

Subpoenas,    costs   of   serving,    Acts    872,    1120. 

Subpoena,  how  served,  Act  837,  §  28. 

Supervisors  subpoenaing,  Act  837,  §§28,  29,  31-33. 

WOMAN'S  RELIEF   CORPS. 

Appropriations  for.   Acts  4420,   4421. 

Assistance  to  in  providing  for  ex-army  nurses.  Acts  4420,  4421. 
Assistance   to   in  providing  for  female  relatives  of  veterans,   Acts  4420,   4421. 
Home    excepted   from   provisions    of    act    creating    state    board   of    charities,    Act 
573,  §  7. 


WOODBEIDGE. 

Hogs  and  goats  prevented  from  running  at  large  in,  Act  4426, 

WOODLAND. 

Reincorporation,  Act  4431. 

WOOD'S  ISLAND. 

Sacramento    County,    annexed   to    Rio    Vista    school    district,    Solano    County,    Act 
3540. 

WORDS  AND  PHRASES. 

Conspiracy,   Act   692. 

Notice,  Act  837,  §  88. 

Persons  in  anti-trust  law.   Act  4166,  §  12. 

Process,  Act  837,  §  88. 

WORKSHOPS. 

Sanitary  conditions  of  factories  and  workshops,   Act  2841. 

WRECKS. 

Act  concerning  wrecks  and  wrecked  property,   Act  4437. 
Water  craft  found  adrift,  act  concerning.   Act  4436. 

WRITS.      See  Process. 

Constables,   authority  of,   to  serve,   Act  837,  §  153. 
Summons.      See   Summons. 

Validation    of   writs,    process    and    certificates    issued    before    courts    have    seals, 
Act  2791. 

Y 

YACHT   CLUBS. 

Incorporation  of  authorized,  Act  4442. 

YEAR. 

Fiscal  year,  changing  in  cities  operating  under  charters,  Act  1193. 

YOLO   BASIN   DRAINAGE   DISTRICT. 

Creation,  management  and  control  of.  Act  978. 

YOLO  COUNTY. 

Agriculture,    protection    of   from    trespassing    animals.    Act    4447. 

Animals,    trespassing    in.    Acts    4447,    4448. 

Boundary    line    between    Lake    and    Yolo    counties,    Act    820. 

Canal,   construction  of  in  Colusa,   Solano   and  Yolo   counties,   aiding  in,   Acts  531, 

646,    3677,   4449. 
Classification  and  population  of,  Act  837,  §§  10,  157. 

Drainage  of  certain  lands  in  Colusa  and  Yolo  counties,  Acts   649,   4450. 
Fees  of  officers  of.  Act  4451. 
Gophers  in,  destruction  of.  Act  186. 
Highways   in.    Act    4454, 
Hunting  of  game  in  restricted,  Act  1312. 
Officers,  deputies    and   assistants   and    salaries,    fees    and    allowances    of.    Act    837, 

§  188. 
Officers  of,  fees  and  salaries  of,  Act  4451. 
Population  of,  Act  837,  §  10. 


I 


INDEX.  X777 

YOLO  COUNTY.      (Continued.) 

Public   administrator,    acts   of  legalized,   Act   4452. 

Reclamation  district  No.  108,  legalized,  Act  2955. 

Reclamation  district  No.  108,  warrants    of.    Act    2956. 

Reclamation  district  No.  730,  formation    and   organization   of,    Act   2978. 

Reclflmation  district  No.  785,  formation  and  organization  of  legalized.   Act  2979. 

Roclamation  district  No.  787,  formation  and  organization  of  legalized.  Act  2980. 

Roads   in.    Act   4454. 

Road,  public,   along  boundary  line  between   Colusa  and,   Acts   656,   4453. 

School  moneys   in,    distribution   of,    Act  4455. 

Squirrels  in,   destruction  of.  Act  186. 

Supervisors  authorized  to  approve  petitions  for  formation  of  reclamation  districts. 

Act   2971, 
Supervisors,  terms   of   office    and   time    of   meeting   of.    Act    4456. 
Stallions  prevented  from  running  at  large  in,   Act   1063. 
Swamp  land  district  No.  150,  formation    of,    Act    2960. 
Swamp  land  district  No.  307,  legalized.  Act  2965. 
Taxes,   supervisors   authorized   to   levy.   Act   4457. 
Title  to  certain    lands    in    quieted,    Acts    4458-4461. 

Title  to  certain  land  released   to  United  States,  and  its  grantees,   Act  4459. 
Title  to  tract    of   land   released   to    George   Herget,    Act   4461. 
Washington  township,  hogs  and  goats  in.  Act  4333. 

Yolo   and  Solano   Canal   district,  formation  of  to  protect  lands  from  overflow   by 
Putah  Creek,   Act  2905. 

YOLO  SCHOOL  DISTRICT. 

Union  with  Putah  school  district.  Act  3538. 

YO SEMITE  AND  WAWONA  ROAD. 

Appropriation   to   purchase,   Act   1452. 

YO  SEMITE  VALLEY. 

Big  Oak  Flat  and  Yosemite  township  road,  purchase  of,  Act  4468. 

Free  wagon  road  from  Mariposa  town  to,  appropriation  for,  Act  4467. 

Improvements    in,    provision    for.    Act    4469. 

Management  of.  Act  4466. 

Re-ceded  to  federal  government.  Act  4470. 

Repeal  of  act  for  free  wagon  road  from  Mariposa  to.  Act  1450. 

Roads   within    limits   of,    appropriation    for   purchase   of.    Act    4463. 

Transfer  to  general  fund  of  moneys  for.  Act   1287. 

Yosemite   and  Wawona  road,   purchase  of,   Act   4468. 

YOUNTVILLE.     See   Veterans'    Home. 

YREKA. 

Incorporation   of.   Act   4474. 

YUBA  CITY. 

Incorporation  of.   Act   4479. 

YUBA  COUNTY. 

Agriculture,  protection  of  in  Marysville  and  Long  Bar  townships,   Act  4484. 
Animals,  of    another,    wounding   in,    punishment    of,    Act    1593. 
Animals,  trespassing  of   in,   Act   4485. 

Animals,  trespassing  of  in  Marysville   and   Long  Bar   townships.   Act  4484. 
Gen.  Laws — 112 


YUBA  COUNTY.      (Continued.) 

Boundary   line   between   Butte   and  Yuba   counties,    Act   808. 

Classification    and   population    of,    Act   837,  §§  10,    157. 

Fees    of    officers    of.    Act   4489. 

Fences,  division,    in,    Act    1138. 

Fences    in.    Acts    1134,    1135,    1137. 

Fences  in,  tearing  down   of,   prevention   of,   Act   1593. 

Fences,  lawful    and    partition    in,    defined.    Act    4487. 

Fences,     lawful,   in,   Act   4486. 

Fires,    leaving   of,    punishment    of,    Act    1593. 

Highways  of.  Act  4493. 

Hunting   on    inclosed    private    land,    prevention    of.    Act    1593. 

Inclosures,    passing    through   and    leaving    open.    Act    1593. 

Judges,   separate,   for  Sutter  and  Yuba  counties,   Acts   3998,   4495. 

Levee   district,   formation  of  in  Yuba,   Sutter  and  Placer  counties,   Act   1915. 

Long  Bar  township,  prevention   of   trespassing  of  animals,   Act   4484. 

Long  Bar  township,  protection    of    agriculture    in,    Act   4484. 

Levee    district    in,    Act    1915. 

Marysville   township,   prevention  of   trespassing  of  animals,   Act   4484. 

Marysville   township,   protection    of    agriculture    in.    Act    4484. 

Navigability   of   Yuba   River,    Act   4358. 

Officers,  deputies   and   assistants,   and   salaries,    fees    and   allowances    of,    Act   837, 

§  198. 
Officers  of,  fees  of.  Act  4489. 
Officers  of,  salaries   of.    Acts   4488,    4489. 
Overflow,    protection    of    lands    from.    Act    4490. 
Population  of.  Act  837,  §  10. 

Protection   district,    No.   2,    dissolution,    liquidation   and   winding  up   of,    Act    4496. 
Records   in,    transcribing  of,   Acts   4491,   4492. 
Roads   of,    Act   4493. 
Road  overseers.     Act    4494. 
Road  poll   taxes.   Act   4494. 

Stallions  prevented  from  running  at  large  in.  Act  1063. 
Yuba   River,   navigability   of,   Act   4358. 

YUBA  RIVER. 

Navigability   of,    Act   4358. 


APPENDIX— SUBJECTS  OF  POLITICAL  CODE. 

(1779) 


APPENDIX— SUBJECTS  OF  POLITICAL 
CODE. 

BOARD  OF  EXAMINERS. 

An  Act  to  provide  for  the  purchase  of  certain  supplies  for  state  officers 
and  members  of  the  legislature. 
r Approved  March   16,    1876;    Stats.    1875-76,   p.    314.] 
The  act  constituted  the  board  of  examiners  a  furnishing  board  and 
prescribed  its  powers  and  duties. 

An  Act  autliorising  the  state  hoard  of  examiners  to  sell  old  furniture  and 
all  material  belonging  to  the  state  and  not  required  for  public  use. 
[Approved  March   31,   1891;   Stats.   1891,  p.  452.] 
The  provisions  of  this  act  are  indicated  in  its  title. 


BONDS. 

An  Act  to  provide  for  the  payment  by  the  state  or  counties,  or  citie.t,  or 
cities  and  counties,  of  the  premium  or  charge  on  official  bonds  when  gioen 
by  surety  companies. 

[Approved  March  25,   1903;    Stats.   1903,  p.  476.] 

Premiums  on  oflB.cial  bonds  a  public  charge. 

Section  1.  The  premium  or  charge  for  bonds  given  by  surety  com- 
panies for  state  officials,  county  officials,  city  officials,  or  city  and  county 
officials,  shall  be  paid  by  the  state,  county,  city,  or  city  and  county  re- 
spectively; provided,  however,  that  no  premium  or  charge  shall  exceed 
one  half  of  one  per  cent  per  annum  on  the  amount  of  such  bond;  and 
provided  further,  that  this  act  shall  not  apply  to  notaries  public. 

Act  takes  effect  when. 

Sec.  2.     This  act  shall  take  effect  from  and  after  its  passage. 

(1781) 


1782  APPENDIX. 


COUNTY  CLERKS. 
An  Act  authorising  county  clerks  in  this  state  to  taJce  and  certify  affidavits 
for   United  States   pension  claimants,  without    the   payment   of   fees  tort 
compensation  therefor. 

[Approved  March   10,   1887;    Stats.   1887,  p.   81.] 

Affidcavits  certified  without  fees. 

Spction  1.  All  county  clerks  in  this  state  are  hereby  authorized  and 
empowered  to  take  and  certify  affidavits  for  United  States  pension  claim- 
ants without  demanding  or  receiving  any  fees  or  compensation  therefor. 

Act  takes  eflfect  when. 

See.  2.     This  act  shall  take  effect  immediately. 
Fees:   Compare  Political  Code,  §  4302. 


ELECTIONS. 

.4?!.  Act  to  provide  for  and  regulate  primary  elections,  and  providing  the 
method  whereoy  electors  of  political  parties  may  express  their  choice  at 
such  primary  elections  for  United  States  Senator. 

[Approved   March   24,    1909;    Stats.    1909,   p.   691.] 

§     1.      Primary    elections,    construction    of   phrases. 

§     2.      Candidates,   how  nominated.      Vacancies. 

§     3.     When   primary  election   shall   be  held. 

§    4.     Notice  of  election.      Publication  of  notice.     August  primaries.      Other  prima- 
ries. 

§     5.      Nomination    papers.      Form    of    verification. 

§     6.      Papers,   how  and  where   filed. 

§     7.      Filing   fees. 

§     8.      Disposition    of   fees.      Apportionment    of   fees. 

§     9.      Expenses    of    election. 

§  10.      List  to  be  sent  to  county  clerks.      Publication  of  names  of  nominees. 

§  11.      Publication,    where    required. 

§  12.      Ballots,    duty    of   county   clerk    to   provide.      Form    of   ballot.      Instructions   to 
voters. 

§  13.      Sample    ballots.      Ballot    to    be    published.      Official    ballots,    distribution    of. 
Candidates    for    city    offices. 

§  14.      Polls,    opening    and    closing. 

§  15.      Election    officers.      Registers    to   be   used. 

§  16.      Challenging    of    voters. 

§  17.      Who  entitled  to  vote.      Instructions  as  to  marking  tiallots. 

§  18.     How    choice   of   voters    shall   be    designated. 


ELECTIONS.  1783 

§  19.  Ballot  must  be   folded. 

S  20.  Polls   cannot    temporarily   close. 

§  21.  Canvass   of    votes,    manner   of. 

§  22.  Returns,   canvass   of,   by  supervisors.      Declaration   of  result. 

§  23.  Who    shall   be    declared   candidates.     Certificates   of  nomiuation. 

§  24.  Party  conventions.      Committees. 

§  25.  Vacancies,   how  filled. 

§  26.  Tie    votes,    how   determined. 

§  27.  Errors  in  placing  names  on  ballot,  how  corrected. 

§  28.  Contests. 

.  §  29.  Expenses  of  candidates  for  nomination,  what  are  permitted. 

§  30.  Amount  of  money  candidate  may  expend. 

§  31.  Statement    of    expenses. 

§  32.  Bribes  to  voters.      Suppression  of  nomination  papers.      Offenses,  what  are. 

§  33.  Preparation   of   forms. 

§  34.  Inconsistent  or   conflicting   acts   repealed. 

§  35.  Act   takes   effect  when. 

Primary  elections,  construction  of  phrases. 

Section  1.  The  words  and  phrases  in  this  act  shall,  unless  such  con- 
struction be  inconsistent  with  the  context,  be  construed  as  follows: 

1.  The  words  "primary  election,"  any  aud  every  primary  nominating 
election  provided  for  by  this  act. 

2.  The  words  "August  primary  election,"  the  priiriary  election  held  in 
August  to  nominate  candidates  to  be  voted  for  at  the  ensuing  November 
election. 

3.  The  word  "election,"  a  general  or  city  or  city  and  county  election 
as  distinguished  from  a  primary  election. 

4.  The  words  "November  election,"  the  Presidential  election,  the  gen- 
eral state  election,  county,  city  or  city  and  county  election  held  in 
November. 

This  statute  shall  be  liberally  construed,  so  that  the  real  will  of  the 
electors  shall  not  be  defeated  by  any  informality  or  failure  to  comply 
with  all  provisions  of  law  in  respect  to  either  the  giving  of  any  notice 
or  the  conducting  of  the  primary  election  or  certifying  the  results 
thereof. 

Candidates,  ho-w  nominated.     Vacancies. 

Sec.  2.  All  candidates  for  elective  public  offices  shall  be  nominated  as 
follows: 

1.  By  direct  vote  at  primary  elections  held  in  accordance  with  the 
provisions  of  this  act;  or, 

By  nominating  petitions  signed  and  filed  as  provided  by  existing  laws. 
Party  candidates  for  the  office  of  United  States  Senator  shall  have  tlieir 
names  placed  on  the  official  primary  election  ballots  of  their  respective 
parties  in  the  manner  herein  provided  for  state  officers;   provided,   how- 


1784  APPENDIX. 

ever,  that  the  vote  for  candidates  for  United  States  Senators-shall  be  an 
advisory  vote  for  the  purpose  of  ascertaining  the  sentiment  of  the  voters 
in  the  respective  senatorial  and  assembly  districts  in  the  respective 
parties;  provided  further  that  members  of  the  legislature  shall  be  at 
liberty  to  vote  either  for  the  choice  of  their  respective  districts  expressed 
at  said  primary  election,  or  for  the  candidate  for  United  States  Senator 
who  shall  have  received  the  indorsement  of  their  party  at  such  primary 
election  in  the  greatest  number  of  districts  electing  members  of  such 
party  to  the  legislature. 

This  act  shall  not  apply  to  special  elections  to  fill  vacancies;  nor  to 
the  nomination  of  officers  of  municipalities,  whose  charters  provide  a 
system  for  nominating  candidates  for  such  offices;  nor  to  the  nomination 
of  officers  for  any  district  organization  not  formed  for  municipal  pur- 
poses, nor  to  school  trustees  in  cities  of  the  sixth  class;  nor  to  school 
district  officers,  other  than  those  elected  in  a  district  of  which  an  incor- 
porated city  or  city  and  county  or  part  of  an  incorporated  city  or  city 
and  county  constitutes  the  whole  or  a  part  of  such  school  district. 

When  primary  election  shall  be  held. 

Sec.  3.  The  August  primary  election  shall  be  held  at  the  legally  des- 
ignated polling-places  in  each  precinct  on  the  third  Tuesday  in  August 
for  the  nomination  of  all  candidates  to  be  voted  for  at  the  ensuing 
November  election. 

Any  primary  election  other  than  the  August  primary  election  shall  be 
held  on  Tuesday,  three  weeks  next  preceding  the  election  for  which  such 
primary  election  is  held. 

Notice   of  election.     Publication   of  notice.     August  primaries.     Other 

primaries. 

Sec.  4.  1.  At  least  sixty  days  before  the  time  for  holding  such  August 
primary  election  in  nineteen  hundred  and  ten,  and  biennially  thereafter, 
the  secretary  of  state  shall  prepare  and  transmit  to  each  county  clerk 
and  to  the  registrar  of  voters  in  any  city  and  county  a  notice  in  writing 
designating  the  offices  for  which  candidates  are  to  be  nominated  at  such 
primary  election. 

2.  Within  ten  days  after  receipt  of  such  notice  such  county  clerk  or 
registrar  of  voters  in  any  city  and  county  shall  publish  so  much  thereof 
as  may  be  applicable  to  his  county,  once  in  each  week  for  six  successive 
weeks  in  not  more  than  two  newspapers  published  in  such  county  or  city 
and  county. 

3.  In  tlie  case  of  August  primary  elections  for  the  nomination  of 
candidates  for  city  or  city  and  county  officers  to  be  voted  for  at  the 
November  election  in  the  odd-numbered  years,  the  city  clerk  or  secre- 
tary of  the  legislative  body  in  any  such  city  or  the  registrar  of  voters 


ELECTIONS.  1785 

in  any  such  city  and  county  shall  cause  the  publication  of  notice  of  such 
primary  election,  together  with  a  complete  statement  of  the  offices  for 
which  candidates  are  to  be  nominated,  once  in  each  week  for  four  suc- 
cessive weeks  in  not  more  than  two  newspapers  of  general  circulation 
published  in  such  city  or  city  and  county,  the  last  publication  to  be 
made  not  more  than  forty  and  not  less  than  fourteen  days  before  such 
primary  election. 

4.  In  the  case  of  primary  elections  other  than  the  August  primary 
elections  the  city  clerk  or  secretary  of  the  legislative  body  of  the  politi- 
cal subdivision  for  which  such  primary  election  shall  be  held  shall  cause 
one  publication  of  such  notice  to  be  given,  such  publication  to  be  not 
more  than  forty  and  not  less  than  fourteen  days  before  such  primary 
election. 

Nomination  papers.     Form  of  verification. 

Sec.  5.  1.  The  name  of  no  candidate  shall  be  printed  on  an  official 
ballot  to  be  used  at  any  primary  election  unless  at  least  thirty  days 
prior  to  the  primary  election,  if  the  candidate  is  to  be  voted  for  at  the 
August  primary  election,  and  at  least  fourteen  days  prior  to  the  primary 
election,  if  the  candidate  is  to  be  voted  for  at  a  primary  election  other 
than  the  August  primary  election,  a  nomination  paper  shall  have  been 
filed  in  his  behalf  as  hereinafter  provided  by  this  act,  in  substantially* 
the  following  form: 
State  of  California,  | 

County  of ,      | 

1,  the  undersigned,  do  solemnly  swear  (or  affirm)  that  I  am  a  qualified 

elector  of  (the  precinct  of  the  town  of  or  county  of  )   or 

(the   precinct   of   the   ward   of   the   city   of   ,    county   of 

)  or  (the precinct  of  the  assembly  district  of  the  city  and 

county  of  )   state  of  California,  and  a  member  of  the  party, 

and  I  hereby  nominate  who   resides   at   (No.  Street,   city   of 

)   or  (in  the  town  of  ),  county  of  as  a  candidate  for  the 

nomination  for  the   office  of  to  be  voted  for  at  the   primary 

election  to  be  held  on  the  day  of  ,  19 — ,  and  I  further  de- 
clare that  I  intend  to  support  for  such  nomination  the  candidate  named 
herein.  Signed  . 

Eesidenee  . 

"'     Subscribed  and  sworn  to  before  me  this day  of  ,  19 — . 

2.  All  nomination  papers  shall  be  substantially  in  the  above  form  and 
shall  not  be  filed  unless  signed  and  verified  before  an  officer  authorized 
by  the  laws  of  this  state  to  administer  oaths,  or  before  a  special  veri- 
fication deputy  appointed  as  follows. 


1786  APPENDIX. 

Tlie  cnndiflate  may  designate  one  or  more  special  verification  deputies 
who  shall  qualify  by  filing  with  the  county  clerli  or  registrar  of  voters 
an  oath  or  affirmation  in  substance  as  follows: 
State  of  California,  l 

County  of  ,      ^  ^^' 

I, ,   depose   and   say:    I   am   a   qualified   elector   of   the   county  of 

and  of  the  (here   insert  the  name  of   city,  town  or  precinct) 

that   I   have   been   designated  as   a   special   verification   deputy  by , 

who  desires  to  be  the  candidate  of  the  party  for  the  office  of  ; 

that  I  can  read  and  write  the  English  language,  and  that  in  obtaining 
signatures  to  the  nomination  papers  for  the  person  named  herein,  I 
will  faithfully  observe  the  elections  laws  of  the  state  of  California  in  so 
far  as  they  are  applicable  to  the  preparation,  signing  and  filing  of  nom- 
ination papers.  

(Signature.) 

(Verification.) 

Such  verification  deputies  shall  have  all  the  powers  and  be  subject  to 
all  the  penalties  provided  by  section  eleven  hundred  and  eighty-eight 
of  the  Political  Code. 

3.  Each  signer  of  a  nomination  paper  shall  sign  but  one  such  paper  for 
the  same  office  and  shall  verify  the  same  as  above  provided.  He  shall 
add  his  occupation  and  residence,  with  street  and  number,  if  any,  and  if 
no  street  and  number  or  either  exists,  then  such  a  description  of  the 
place  of  residence,  if  in  a  city  or  city  and  county,  as  will  enable  the 
location  to  be  readily  ascertained;  he  shall  also  add  the  date  of  signing. 

4.  Such  nomination  papers  prior  to  their  filing  must  be  fastened  to- 
gether and  bound  by  precincts  and  arranged  in  all  respects  in  the  man- 
ner and  form  required  for  the  arrangement,  binding  and  fastening  of 
original  affidavits  of  registration  by  the  provisions  of  section  eleven 
hundred  and  thirteen  of  the  Political  Code;  provided,  however,  that  for 
all  nominations  of  candidates  to  be  voted  for  in  more  than  one  county, 
or  throughout  the  entire  state,  the  nomination  papers,  properly  assembled 
by  precincts,  may  be  consolidated  and  fastened  or  bound  together  by 
counties;  but  in  no  case  shall  nomination  papers  signed  by  electors  of 
different  counties  be  fastened  or  bound  up  together. 

The  county  clerk  of  any  county  or  registrar  of  voters  of  any  city  and 
county  shall  examine  all  nomination  papers  herein  provided  for  which 
purport  to  have  been  signed  by  electors  of  his  county  or  city  and  county, 
and  shall  disregard  any  name  appearing  on  such  paper  or  papers  which 
is  not  on  the  great  register  in  his  office.  For  the  purpose  of  such  exam- 
ination and  comparison  of  affidavits,  the  duplicate  affidavits  of  registra- 
tion on  file  in  the  office  of  such  county  clerk  or  registrar  of  voters  shall 
be   deemed   part    of   the   great   register.     Such    officer   shall   affix   to   all 


ELECTIONS,  1787 

nomination  papers  a  certificate  reciting  that  he  has  examined  the  same 
and  stating  the  number  of  names  signed  thereto  which  appear  upon 
the  groat  register.  All  nomination  papers  pertaining  to  state  senators 
and  assemblymen  and  to  the  nomination  of  candidates  to  be  voted  for 
in  more  than  one  county  shall  with  such  certifieate  attached  be  for- 
warded, within  ten  days  after  such  paper  or  papers  are  left  with  any 
county  clerk  or  registrar  of  voters  for  examination,  to  the  secretary  of 
state,  who  shall  receive  and  file  the  same. 

The  verification  of  signatures  to  nomination  papers  shall  not  be  made 
by  the  candidate,  but  each  candidate  shall  file  with  his  nomination 
paper  or  papers  his  affidavit,  stating  his  residence,  with  street  and  num- 
ber, if  any;  his  election  precinct;  that  he  is  a  qualified  elector  in  the 
election  precinct  in  which  he  resides;  the  name  of  his  party  and  that  of 
the  office  for  which  he  desires  to  be  a  candidate;  that  he  affiliated  with 
said  party  at  the  last  preceding  general  election,  and  either  that  he  did 
not  vote  thereat  or  voted  for  a  majority  of  the  candidates  of  said  party 
at  said  next  preceding  general  election,  and  intends  to  so  vote  at  the 
ensuing  election,  and  that  if  nominated  he  will  accept  such  nomination 
and  not  withdraw,  and  that  he  will  qualify  as  such  officer  if  nominated 
and  elected. 

5.  Such  nomination  papers  shall  be  signed  as  follows: 

(a)  If  for  a  state  officer  or  for  United  States  Senator,  by  at  least 
one  per  centum  of  the  voters  of  the  party  of  such  candidate,  in  each 
of  at  least  ten  counties  in  the  state,  and  in  the  aggregate  not  less  than 
one  per  centum  nor  more  than  ten  per  centum  of  the  total  vote  of  his 
party  in  the  state. 

(b)  If  for  a  Representative  in  Congress,  or  for  any  officer  voted  for 
in  a  district  comprising  more  than  two  counties  and  less  than  the 
entire  state,  by  at  least  two  per  centum  of  the  voters  of  his  party  in  at 
least  one  tenth  of  the  election  precincts  in  each  of  at  least  one  half  of 
the  counties  comprising  such  district,  and  in  the  aggregate  not  less 
than  two  per  centum  nor  more  than  ten  per  centum  of  the  total  vote 
of  his  party  in  such  district. 

(c)  If  for  a  Eepresentative  in  Congress  or  other  officer  to  be  voted 
for  in  a  district  comprising  two  counties,  by  at  least  two  per  centum 
of  the  voters  of  his  party  in  at  least  one  sixth  of  the  election  precincts 
of  each  county  comprising  such  district,  and  in  the  aggregate  not  less 
than  two  per  centum  nor  more  than  ten  per  centum  of  the  total  vote  of 
his  party  in  such  district. 

(d)  If  for  any  officer  voted  for  entirely  within  one  city,  county,  or 
city  and  county  or  any  political  subdivision  constituting  a  part  of  such 
county,  city  and  county  or  city,  by  at  least  three  per  centum  of  the 
party  vote  in  at  least  one  fourth  of  all   the  election  precincts  within 


1788  APPENDIX. 

the  district  in  which  the  officer  is  to  be  voted  for,  and  in  the  aggregate 
not  less  than  three  per  centum  nor  more  than  ten  per  centum  of  the 
total  vote  of  the  party  in  such  district. 

The  basis  of  percentage  in  each  case  shall  be  the  vote  of  the  party 
for  its  candidate  for  Presidential  elector  receiving  the  greatest  number 
of  votes  at  the  last  preceding  Presidential  election.  But  any  other  polit- 
ical organization  which  had  no  candidate  for  Presidential  elector  at 
such  Presidential  election  but  which  at  such  Presidential  election  or  at 
the  last  general  state  election  was  represented  on  the  official  ballot  by 
either  regular  party  candidates  or  by  individual  nominees  only  may, 
upon  complying  with  the  provisions  of  this  act,  have  a  separate  primary 
election  ticket  as  a  political  party,  if  any  of  its  candidates  or  individual 
nominees  received  three  per  centum  of  the  total  vote  cast  at  such  Presi- 
dential or  general  state  election  in  the  state  or  political  subdivision 
thereof  in  which  the  candidate  seeks  the  nomination.  In  such  case  the 
basis  of  percentage  shall  be  the  vote  of  that  party  for  its  candidate 
who  received  the  greatest  number  of  votes  at  such  last  preceding  Presi- 
dential election  or  at  such  last  preceding  general  state  election,  in  the 
state  or  political  subdivision  thereof  in  which  the  candidate  seeks  the 
nomination. 

Nothing  herein  shall  be  construed  as  prohibiting  the  independent  nom- 
ination of  candidates  to  be  voted  for  at  any  general  election,  by  electors 
or  bodies  of  electors,  as  provided  by  section  eleven  hundred  and  eighty- 
eight  of  the  Political  Code,  but  a  candidate  defeated  at  a  primary  elec- 
tion held  under  the  provisions  of  this  act  shall  be  ineligible  for  nomina- 
tion to  the  same  office  at  the  same  election. 

Papers,  how  and  where  filed. 

Sec.  6.  All  nomination  papers  provided  for  by  this  act  shall  be  filed 
as  follows: 

1.  For  state  officers,  United  States  Senators,  Eepresentatives  in  Con- 
gress and  all  officers  voted  for  in  districts  comprising  more  than  one 
county,  in  the  office  of  the  secretary  of  state. 

2.  For  officers  to  be  voted  for  wholly  within  one  county  or  city  and 
county,  except  Eepresentatives  in  Congress,  in  the  office  of  the  county 
clerk  of  such  county  or  in  the  office  of  the  registrar  of  voters  in  such 
city  and  county. 

3.  For  city  officers,  in  the  office  of  the  city  clerk  or  secretary  of  the 
legislative  body  of  such  city  or  municipality. 

4.  When  nomination  papers  shall  have  been  received  which  contain 
ten  per  centum  of  the  total  vote  as  limited  by  subdivision  five  of 
section  five  of  this  act,  the  officer  with  whom  such  papers  are  required 
to  be  filed  shall  not  receive  or  file  further  nomination  papers  for  the 
candidate  named  therein. 


\ 


ELECTIONS.  1789 

Filing  fees. 

Sec.  7.  1.  A  filing  fee  of  fifty  dollars  shall  be  paid  to  the  secretary 
of  state  when  the  nomiuation  paper  or  papers  and  affidavit  for  any 
candidate  for  state  office  or  the  United  States  Senate  are  filed  with 
such  secretary  of  state. 

2.  A  filing  fee  of  twenty-five  dollars  shall  be  paid  to  the  secretary 
of  state  when  the  nomination  paper  or  papers  and  affidavit  of  any  can- 
didate for  Eepresentative  in  Congress  or  for  any  office,  except  member 
of  senate  and  assembly,  to  be  voted  for  in  any  district  comprising  more 
than  one  county  are  filed  with  such  secretary  of  state. 

3.  A  filing  fee  of  ten  dollars  shall  be  paid  to  the  county  clerk  or 
registrar  of  voters  in  any  city  and  county  when  the  nomination  paper 
or  papers  and  affidavit  of  any  candidate  to  be  voted  for  wholly  within 
one  county  or  city  and  county  are  filed  with  such  county  clerk  or 
registrar  of  voters. 

4.  A  filing  fee  of  ten  dollars  shall 'be  paid  by  the  candidate  for 
assembly  or  senate  to  the  officer  with  whom  his  nomination  papers  are 
filed. 

5.  A  filing  fee  of  ten  dollars  shall  be  paid  to  the  city  clerk  or  secre- 
tary of  the  legislative  body  of  any  municipality  when  the  nomination 
paper  or  papers  and  affidavit  of  any  candidate  for  a  city  office  are  filed 
with  such  clerk  or  secretary  of  such  legislative  body. 

6.  No  filing  fee  shall  be  required  from  any  candidate  for  an  office  to 
the  holder  of  which  no  compensation  is  required  to  be  paid  or  for  town- 
ship offices. 

Disposition  of  fees.    Apportionment  of  fees. 

Sec.  8.  The  county  clerk  shall  immediately  pay  to  the  county  treas- 
urer and  the  registrar  of  voters  in  any  city  and  county  shall  imme- 
diately pay  to  the  city  and  county  treasurer  all  fees  received  from 
candidates.  The  city  clerk  or  secretary  of  the  legislative  body  of  any 
municipality  shall  immediately  pay  to  the  city  treasurer  all  fees  received 
from  candidates. 

Immediately  after  the  last  day  for  filing  nomination  papers  the  sec- 
retary of  state  shall  pay  to  the  state  treasurer  all  fees  received  from 
candidates  and  shall  apportion  the  fees  paid  to  him  by  each  candidate 
equally  among  the  counties  within  which  such  candidate  is  to  be  voted 
for  and  certify  such  apportionment  to  the  state  controller,  who  shall 
issue  warrants  on  the  state  treasurer  for  the  amount  due  each  countj 
and  the  state  treasurer  shall  pay  the  same. 

Expenses  of  election. 

Sec.  9.  The  expense  of  providing  all  ballots,  blanks  and  other  sup- 
plies to  be  used  at  any  primary  election  provided  for  by  this  act  and 


1790  APPENDIX. 

all  expenses  necessarily  incurred  in  the  preparation  for  or  the  conduct 
of  such  primary  election  shall  be  paid  out  of  the  treasury  of  the  city, 
city  and  county,  county  or  state,  as  the  case  may  be,  in  the  same  man- 
ner, with  like  effect  and  by  the  same  officers  as  in  the  case  of  elections. 

List  to  be  sent  to  county  clerks.     Publication  of  names  of  nominees. 

Sec.  10.  At  least  twenty-five  days  before  any  August  primary  elec- 
tion preceding  a  November  election  the  secretary  of  state  shall  transmit 
to  each  county  clerk  or  registrar  of  voters  in  any  city  and  county  a 
certified  list  containing  the  name  and  post-office  address  of  each  person 
for  whom  nomination  papers  have  been  filed  in  the  office  of  such  secre- 
tary of  state  and  who  is  entitled  to  be  voted  for  in  such  county  at  such 
primary  election,  together  with  a  designation  of  the  office  for  which  such 
person  is  a  candidate  and   of  the   party  or  principle   he   represents. 

Such  county  clerk  or  registrar  of  voters  shall  forthwith,  upon  receipt 
thereof,  publish  under  the  prober  party  designation  the  title  of  each 
office,  the  names  and  addresses  of  all  persons  for  whom  nomination 
papers  have  been  filed,  the  date  of  the  primary  election,  the  hours  dur- 
ing which  the  polls  will  be  open,  and  that  the  primary  election  will  be 
held  at  the  legally  designated  polling-places  in  each  precinct,  which  shall 
be  particularly  designated.  It  shall  be  the  duty  of  the  county  clerk  or 
registrar  of  voters  in  any  city  and  county  to  cause  such  publication  to 
be   made  for   two   successive   weeks  prior   to   said   primary   election. 

Publication,  whero  required. 

Sec.  11.  Every  publication  required  by  this  act  shall  be  made  in  not 
more  than  two  newspapers  of  general  circulation  published  in  such 
county  or  city  and  county,  and  one  of  such  newspapers  shall  represent 
the  political  party  that  cast  at  the  last  preceding  general  election  the 
highest  number  of  votes  in  such  county  or  city  and  county,  and  one  of 
such  newspapers,  if  any,  shall  represent  the  party  which  cast  the  next 
highest  number  of  votes  at  such  election.  In  any  case  where  the  publica- 
tion of  the  notices  provided  for  by  this  act  cannot  be  made  as  herein- 
before provided  it  shall  be  made  in  any  newspaper  having  a  general 
circulation  in  the  city  or  county  in  which  the  notice  is  required  to  be 
published. 

Ballots,    duty    of   county   clerk   to    provide.     Form   of   ballot.     Instruc- 
tions to  voters. 

Sec.  12.  1.  All  voting  at  primary  elections  within  the  meaning  of  this 
act  shall  be  by  ballot.  A  separate  official  ballot  for  each  political  party 
shall  be  printed  and  provided  for  use  at  each  voting  precinct.  It  shall 
be  the  duty  of  the  county  clerk  of  each  county  or  of  the  registrar  of 
voters  in  any  city  and  county  to  provide  such  printed  official  ballots 
to  be  used  at  any  August  primary  election  for  the  nomination  of  candi- 


ELECTIONS.  1791 

dates  to  be  voted  for  in  sueh  county  or  city  and  county  at  the  ensuing 
November  election.  It  shall  be  the  duty  of  the  city  clerk  or  secretary 
of  the  legislative  body  of  any  municipality  to  provide  such  printed 
official  ballots  for  any  primary  election  other  than  the  August  primary 
election.  Such  official  ballots  to  be  used  at  any  primary  election  shall 
be  printed  on  official  paper,  furnished  by  the  secretary  of  state,  in  the 
manner  provided  by  section  eleven  hundred  and  ninety-six  of  the  Politi- 
cal Code,  and  in  the  form  hereinafter  provided.  The  names  of  all  can- 
didates for  the  respective  offices  for  whom  the  prescribed  nomination 
papers  have  been  duly  filed  shall  be  printed  thereon. 

2.  Official  primary  election  ballots  used  at  any  primary  election  for  the 
nomination  of  candidates  to  be  voted  for  at  any  Presidential  or  general 
state  election  shall  be  not  less  than  twelve  inches  wide  and  as  long  as 
the  herein  prescribed  captions,  headings,  party  designations,  directions 
to  voters  and  lists  of  names  of  candidates,  properly  subdivided  accord- 
ing to  the  several  offices  to  be  nominated  for,  may  require;  and  no 
official  primary  election  ballot  shall  be  less  than  six  and  one  half  inches 
wide. 

3.  Across  the  top  of  the  ballot  shall  be  printed  in  heavy-faced  gothic 
capital  type,  not  smaller  than  forty-eight  point,  the  words:  "Official 
Primary  Election  Ballot."  Beneath  this  heading  shall  be  printed  in 
heavy-faced  gothic  capital  type,  not  smaller  than  twenty-four-point,  the 
party  designation.  Following  the  party  designation  there  shall  be 
printed  in  heavy-faced  gothic  type,  not  smaller  than  fourteen-point,  the 
official  designation  of  the  election  precinct  in  the  assembly  district  or 
ward  of  any  municipality,  as  the  case  may  be,  and  the  date  of  the 
primary  election.  The  instructions  to  voters  shall  be  printed  in  ten- 
point  gothic  type.  In  the  case  of  official  primary  election  ballots  to  be 
used  at  any  primary  election  held  for  the  nomination  of  candidates  other 
than  those  to  be  voted  for  at  a  Presidential  or  a  general  state  election, 
and  on  which,  in  accordance  with  the  provisions  of  this  act,  the  names 
of  candidates  may  be  printed  in  a  single  column  or  in  two  parallel  col- 
umns, as  the  case  may  be,  the  words  "Official  Primary  Election  Ballot" 
shall  be  printed  thereon  in  heavy-faced  gothic  capital  type,  not  smaller 
than  twenty-four-point.  The  party  designation  shall  be  printed  in 
heavy-faced  gothic  capital  type,  not  smaller  than  eighteen-point.  The 
official  designation  of  the  election  precinct,  the  assembly  district  or 
ward  in  any  municipality,  as  the  case  may  be  and  the  date  of  primary 
election,  shall  be  printed  in  heavy-faced  gothic  type,  not  smaller  than 
twelve-point.  The  instructions  to  voters  shall  be  printed  in  ten-point 
gothic   type. 

4.  At  least  three  eighths  of  an  inch  below  the  voting  precinct  desig- 
nation and  the  date  of  the  primary  election  shall  be  printed  in  ten-point 
gothic    type,   double-leaded,   the    following   instructions    to    voters: 


1792  APPENDIX. 

To  vote  for  a  person  whose  name  appears  on  the  ballot,  stamp  a  cross 
(X)  in  the  square  at  the  right  of  the  name  of  the  person  for  whom,  you 
desire  to  vote.  To  vote  for  a  person  whose  name  is  not  printed  on  the 
ballot,  write  his  name  in  the  blank  space  provided  for  that  purpose. 
To  vote  for  delegates  to  conventions  write  or  paste  the  name  or  names 
of  the  qualified  elector  or  electors  in  the  blank  space  or  spaces  provided 
therefor. 

5.  The  instructions  to  voters  shall  be  separated  from  the  lists  of  can- 
didates and  the  designations  of  the  several  offices  to  be  nominated  for 
by  one  light  and  one  heavy  line  or  rule.  The  names  of  the  candidates  and 
the  respective  offices  shall,  except  as  may  be  hereinafter  otherwise  pro- 
vided, be  printed  on  the  ballot  in  four  or  more  parallel  columns,  each 
two  and  one  half  inches  wide.  The  number  of  such  parallel  columns 
shall  be  exactly  divisible  by  two,  and  such  parallel  columns  sliall  be 
equally  divided  on  the  ballot  for  state  and  county  tickets  by  a  solid 
black  line,  extending  down  from  the  printed  lines  separating  the  instruc- 
tions to  voters  from  the  lists  of  names  of  candidates  to  the  bottom 
margin  of  the  ballot.  In  the  case  of  a  primary  election  for  the  nomina- 
tion of  candidates  to  be  voted  for  at  a  Presidential  or  general  state 
election  the  order  of  precedence  shall  be  as  follows,  that  is  to  say:  In 
the  columns  to  the  left  of  the  solid  black  dividing-line  shall  be  printed 
the  groups  of  names  of  candidates  for  nomination  to  state,  district  and 
judicial  offices,  United  States  Senator  in  Congress  if  any,  Eepresentative 
in  Congress,  state  senator  and  member  of  assembly.  In  the  parallel 
columns  to  the  right  of  the  heavy  black  dividing-line  shall  be  printed 
the  groups  of  names  of  candidates  for  nomination  to  county  and  town- 
ship offices  and  to  the  office  of  justice  of  the  peace.  In  the  ease  of 
primary  elections  for  the  nomination  of  candidates  for  city,  city  and 
county  or  municipal  offices  only,  the  groups  of  names  of  candidates  may 
be  printed  in  two  parallel  columns  and  the  order  of  precedence  shall 
be  determined  by  the  legislative  body  of  such  city  or  municipality  or 
by  the  board  of  election  commissioners  of  any  such  city  and  county. 
In  the  case  of  primary  elections  for  the  nomination  of  Congressional 
candidates  including  United  States  Senator  in  Congress,  legislative  and 
judicial  officers  other  than  justice  of  the  peace,  the  groups  or  lists  of 
names  of  candidates  may  be  printed  on  the  ballot  in  a  single  column, 
and  shall  be  printed  in  the  following  order  of  procedure,  [precedence,] 
that  is  to  say:  Judicial  officers,  except  judges  of  the  superior  court, 
United  States  Senator  in  Congress,  Eepresentative  in  Congress,  state 
senator,  member  of  the  assembly,  judge  of  the  superior  court,  county 
and  township  officers,  if  any,  and  delegates  to  county  conventions. 

6.  The  names  of  the  candidates  shall  be  grouped  in  alphabetical  order 
according  to  surname  and  each  group  shall  be  preceded  by  the  designa- 


ELECTIONS.  1793 

tion  of  the  office  for  wliich  the  candidates  seek  Tioniinntion  and  the 
words  "Vote  for  one"  or  "Vote  for  two"  or  more,  according  to  the  num- 
ber to  be  nominated.  Such  designation  of  the  office  to  be  nominated 
for  and  of  the  number  of  candidates  to  be  nominated  sliall  be  jirintcd  in 
heavj'-faced  gothic  type,  not  smaller  than  ten-point.  The  word  or  words 
designating  the  office  shall  be  printed  flush  with  the  left-hand  margin 
and  the  words  "Vote  for  one"  or  "Vote  for  two"  or  more,  as  the  case 
may  be,  shall  extend  to  the  extreme  right  of  the  column  and  over  the 
voting-square.  The  designation  of  the  office  and  the  direction  for  voting 
shall  be  separated  from  the  names  of  the  candidates  by  a  light  line. 

7.  The  names  of  the  candidates  shall  be  printed  on  the  ballot,  with- 
out indentation,  in  roman  capital  type  not  smaller  than  eight-point, 
between  light  lines  or  rules  three  eighths  of  an  inch  apart.  Under  each 
group  of  names  of  candidates  shall  be  printed  as  many  blank  spaces, 
defined  by  light  lines  or  rules,  three  eighths  of  an  inch  apart,  as  there 
are  to  be  candidates  nominated  for  such  office.  To  the  right  of  the 
names  of  the  candidates  shall  be  printed  a  light  line  or  rule  so  as  to  form 
a  voting-square  three  eighths  of  an  inch  square.  Each  group  of  names 
of  candidates  shall  be  separated  from  the  succeeding  group  by  one  light 
and  one  heavy  line  or  rule.  Each  series  of  groups  shall  be  headed  by 
the  word  "State,"  "Congressional,"  "Legislative,"  "County  and  Town- 
ship" or  "Municipal"  or  other  proper  general  classification,  as  the  case 
may  be,  printed  in  heavy-faced  gothic  capital  type,  not  smaller  than 
twelve-point.  All  official  primary  election  ballots  shall  have  printed 
on  the  back  and  immediately  below  the  center  thereof,  in  eighteen- 
point  gothic  capital  type,  the  words  "Official  Primary  Election  Ballot," 
and  underneath  these  words  the  respective  numbers  of  the  Congressional, 
senatorial  and  assembly  districts  in  which  each  ballot  is  to  be  voted. 
In  the  case  of  a  primary  election  for  the  nomination  of  candidates  for 
city  or  city  and  county  offices  only,  the  designations  on  the  back  of  the 
ballot,  in  addition  to  the  words  "Official  Primary  Election  Ballot,"  shall 
be  the  official  designation  of  the  respective  ward  and  voting  precinct 
in  any  such  city  or  municipality,  or  the  number  of  the  assembly  dis- 
trict and  of  the  voting  precinct  in  any  such  city  and  county  in  which 
each  ballot  is  to  be  voted. 

8.  At  the  bottom  of  the  last  column  on  any  official  primary  election 
ballot  to  be  voted  in  August  for  the  nomination  of  candidates  to  be 
voted  for  at  the  ensuing  November  election,  there  shall  be  left  as  many 
blank  spaces  defined  by  light  lines  or  rules  three  eighths  of  an  inch 
apart  as  there  are  delegates  to  be  elected  to  the  county  convention  of 
such  party  as  shall  have  been  previously  apportioned  by  the  county- 
committee  of  such  party  and  which  shall  be  preceded  by  the  words 
"Delegates  to  County  Convention,"  "Vote  for  one"  or  "Vote  for  two," 


1794  APPENDIX. 

or  more  as  the  case  may  be,  according  to  such  apportionment,  in  which 
blank  spaces  the  voter  may  write  or  paste  the  name  or  names  of  quali- 
fied electors  of  his  party  as  delegates  to  the  county  convention  of  such 
party. 

The  ballot  shall  be  printed  on  the  same  leaf  with  a  stub  and  sepa- 
rated therefrom  by  a  perforated  line  across  the  top  of  the  ballot.  On 
each  ballot  a  perforated  line  shall  extend  from  top  to  bottom  one  half 
inch  from  the  right-hand  side  of  such  ballot,  and  opou  the  half-inch 
strip  thus  formed  there  shall  be  no  printing  except  the  number  of  the 
ballot  which  shall  be  on  the  back  of  each  strip,  in  such  position  that  it 
shall  appear  on  the  outside  when  the  ballot  is  folded.  The  number  on 
each  ballot  shall  be  the  same  as  that  on  the  corresponding  stub,  and 
the  ballots  and  stubs  shall  be  numbered  consecutively  in  each  county, 
provided  that  the  sequence  of  numbers  on  such  ofhcial  ballots  and  stubs 
for  each  party  shall  begin  with  the  number  one. 

9.  The  official  ballots  of  each  political  party  shall  be  made  up  in  blocks 
of  one  hundred  ballots  in  the  manner  provided  by  law  for  official  elec- 
tion ballots,  and  shall  be  printed  in   substantially   the   following   form: 


171)5 


OFFICIAL  PRIMARY  ELECTION  BALLOT 

REPUBLICAN  PARTY 

Flrrt  Precinct,  Twenty-Eighth  Aoembly  District,  September  4,  ItOt 


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1796  APPENDIX. 


[Indorsement  on  back  of  ballot.]: 


OFFICIAL  PRIMARY  ELECTION  BALLOT 

rOUKTH  CONGRESSIONAL  DISTRICT 
SEVENTEENTH  SENATORIAL  DISTRICT 
TWENTY-EIGHTH  ASSEMBLY  DISTRICT 


ELECTIONS.  1797 

Sample  ballots.     Ballot  to  be  published.     Official  ballots,  distribution  of. 

Candidates  for  city  offices. 

Sec.  13.  At  least  twenty  days  before  the  August  primary  election 
each  county  clerk  or  registrar  of  voters  in  any  city  and  county  sliall 
prepare  separate  sample  ballots  for  each  political  party,  placing  thereon 
alphabetically,  according  to  surnames,  under  the  appropriate  title  of 
each  office,  the  names  of  all  candidates  for  whom  nomination  papers 
have  been  duly  filed  with  him,  or  have  been  certified  to  him  by  the 
secretary  of  state,  to  be  voted  for  at  the  primary  election  in  his  county 
or  city  and  county.  Such  sample  ballots  shall  be  printed  on  tinted  or 
colored  paper,  but  such  sample  ballots  need  not  be  mailed  to  the  voters. 

Such  clerk  or  registrar  of  voters  shall  forthwith  submit  the  ticket 
of  each  political  party  to  the  chairman  of  the  county  committee  of 
such  party  and  shall  mail  a  copy  to  each  candidate  for  whom  nomina- 
tion papers  have  been  filed  with  him  or  whose  name  has  been  certified 
to  him  by  the  secretary  of  state,  to  the  post-office  address  as  given  in 
such  nomination  paper  or  certification,  and  he  shall  post  a  copy  of  each 
sample  ballot  in  a  conspicuous  place  in  his  office.  Such  clerk  or  regis- 
trar of  voters  shall  also  cause  such  sample  ballots  to  be  publislied  twice 
in  not  more  tban  two  newspapers  of  general  circulation  published  in 
his  county  or  city  and  county,  and  such  publication  shall  be  made  not 
more  than  twenty  days  nor  less  than  ten  days  before  such  primary 
election. 

Before  such  primary  election  the  county  clerk  or  registrar  of  voters 
in  any  city  and  county  shall  cause  the  official  ballot  to  be  printed  as 
provided  by  section  twelve  of  this  act,  and  distributed  as  provided  by 
law,  except  that  the  number  of  party  ballots  to  be  furnished  to  each 
voting  precinct  shall  be  apportioned  at  the  ratio  of  one  hundred  and 
fifty  such  party  ballots  for  each  one  hundred  voters  of  such  party 
registered  in  such  precinct. 

In  the  case  of  primary  elections  for  the  nomination  of  candidates  for 
city  offices  it  shall  be  the  duty  of  the  city  clerk,  secretary  of  the  legisla- 
tive body  of  such  city  or  municipality,  or  such  other  officer  charged  by 
law  with  the  duty  of  preparing  and  distributing  the  official  ballots  used 
at  elections  in  such  city  or  municipality,  to  prepare  and  publish  the 
sample  ballot  and  to  prepare  and  distribute  the  official  primary  election 
ballots,  and  so  far  as  applicable  and  not  otherwise  provided  herein  the 
provisions  of  this  act  shall  apply  to  the  nomination  of  all  candidates 
for  city  offices;  provided,  that  the  lists  of  candidates  shall  be  published 
at  least  ten  days  before  such  primary  election  and  the  official  ballot 
printed  at  least  four  days  before  the  day  of  holding  such  primary  elec- 
tion. 


1798  APPENDIX. 

Polls,  opening  and  closing. 

Sec.  14.  The  polls  must  be  opened  at  six  o'clock  of  the  morning  of 
the  day  of  primary  election  and  must  be  kept  open  until  six  o'clock  in 
the  afternoon  of  the  same  day,  when  the  polls  shall  be  closed;  provided, 
however,  that  if  at  the  hour  of  closing  there  are  any  voters  in  the  poll- 
ing-place, or  in  line  at  the  door,  who  are  qualified  to  vote  and  have  not 
been  able  to  do  so  since  appearing,  the  polls  shall  be  kept  open  a  suf- 
ficient time  to  enable  them  to  vote.  But  no  one  who  shall  arrive  at 
the  polling-place  after  six  o'clock  in  the  afternoon  shall  be  entitled  to 
vote,  although  the  polls  may  be  open  when  he  arrives.  No  adjournment 
or  intermission  shall  be  taken  except  as  provided  in  the  case  of  elections. 

Election  officers.     Registers  to  be  used. 

Sec.  15.  The  officers  for  primary  elections  shall  be  the  same  as  pro- 
vided by  law  for  general  elections,  and  such  officers  shall  receive  the 
same  compensation  for  their  services  at  primary  elections  as  provided 
by  law   for   general   elections. 

It  shall  be  the  duty  of  the  proper  officers  to  furnish  the  original 
affidavits  of  registration,  indexes  and  supplements  thereto,  for  use 
at  primary  elections,  which  shall  show  the  names  of  all  voters  entitled 
to  vote  at  such  primary  elections.  And  all  the  provisions  of  section 
thirteen  hundred  and  sixty-six  of  the  Political  Code,  so  far  as  they  are 
consistent  with  the  provisions  of  this  act,  are  hereby  made  applicable 
to  primary  elections  within  the  meaning  of  this  act. 

Challenging  of  voters. 

Sec.  16.  Any  elector  offering  to  vote  at  a  primary  election  may  be 
challenged  by  any  elector  of  this  city,  city  and  county  or  county,  upon 
either  or  all  of  the  grounds  specified  in  section  twelve  hundred  and 
thirty  of  the  Political  Code,  but  his  right  to  vote  the  primary  election 
ticket  of  the  political  party  designated  in  his  affidavit  of  registration, 
as  provided  in  section  thirteen  hundred  and  sixty-six  a,  of  the  Political 
Code,  shall  not  be  challenged  on  any  ground  or  subjected  to  any  tests 
other  than  those  provided  by  the  constitution  and  section  twelve  hun- 
dred and   thirty  of  the  Political  Code   of  this  state. 

Who  entitled  to  vote.     Instructions  as  to  marking  ballots. 

See.  17.  Any  elector  who  has,  at  least  twenty  days  before  the  day 
of  any  primary  election,  qualified  by  registration  and  by  declaration  of 
the  political  party  with  which  he  intends  to  affiliate,  as  provided  by 
section  thirteen  hundred  and  sixty-six  a  of  the  Political  Code,  shall  be 
entitled  to  vote  at  such  primary  election,  such  right  to  vote  being  sub- 
ject to  challenge  only  as  hereinbefore  provided;  and  shall,  on  writing 
his  name  or  having  it  written  for   him  on  the  roster,  as  provided  by 


ELECTIONS.  1799 

law  for  general  elections  in  this  state,  receive  the  olTicial  primary  elec- 
tion ballot  of  the  political  party  designated  in  his  attidavit  of  registra- 
tion,  and  no  other. 

lie  shall  be  instructed  by  a  member  of  the  board  as  to  the  proper 
method  of  marking  and  folding  his  ballot,  and  he  shall  then  retire  to 
an  unoccupied  booth  and  without  undue  delay  stamp  the  same  with  the 
rubber  stamp  there  found.  If  he  shall  spoil  or  deface  the  ballot  he  shall 
at  once  return  the  same  to  the  ballot  clerk  and  receive  another. 

How  choice  of  voters  shall  be  designated. 

See.  IS.  Tlie  voter  shall  designate  iiis  choice  on  the  ballot  by  stamp- 
ing a  cross  (X)  in  the  small  square  opposite  the  name  of  each  candidate 
for  whom  he  wishes  to  vote.  If  he  shall  stamp  more  names  than  there 
are  candidates  to  be  nominated  for  any  office,  or  if  for  any  reason  it 
be  impossible  to  determine  bis  choice  for  any  office,  his  ballot  shall  not 
be  counted  for  such  office,  but  the  rest  of  his  ballot,  if  properly  stamped, 
shall  be  counted.  No  ballot  shall  be  rejected  for  any  technical  error 
which  does  not  render  it  impossible  to  determine  the  voter's  choice,  nor 
even  though  such  ballot  be  somewhat  soiled  or  defaced. 

Ballot  must  be  folded. 

Sec.  19.  When  a  voter  has  stamped  his  ballot  he  shall  fold  it  so  that 
its  face  shall  be  concealed  and  only  the  printed  designation  on  the 
back  thereof  shall  be  visible,  and  hand  the  same  to  the  member  of  the 
board  in  charge  of  the  ballot-box.  Such  folded  ballot  shall  be  voted  as 
ballots  are  voted  at  general  elections  and  the  name  of  the  voter  checked 
upon  the  register  as  having  voted. 

Polls  cannot  temporarily  close. 

Sec.  20.  No  adjournment  or  intermission  whatever  shall  take  place 
until  the  polls  shall  be  closed  and  until  all  the  votes  cast  at  such  polls 
shall  be  counted  and  the  result  publicly  announced,  but  this  shall  not  be 
deemed  to  prevent  any  temporary  recess  while  taking  meals  or  for  the 
purpose  of  other  necessary  delay;  provided,  that  no  more  than  one  mem- 
ber of  the  board  shall  at  any  time  be  absent  from  the  polling-place. 

Canvass  of  votes,  manner  of. 

Sec.  21.  As  soon  as  the  polls  are  finally  closed  the  judges  must,  imme- 
diately proceed  to  canvass  the  votes  cast  at  such  primary  election.  The 
canvass  must  be  public,  in  the  presence  of  bystanders,  and  must  be 
continued  without  adjournment  until  completed  and  the  result  thereof 
declared.  Except  as  hereinafter  provided,  the  canvass  shall  be  con- 
ducted, completed  and  returned  as  provided  by  sections  twelve  hundred 
and  fifty-three,  twelve  hundred  and  fifty-four,  twelve  hundred  and  fifty- 


IdOO  APPENDIX. 

five,  twelve  hundred  and  fifty-six,  twelve  hundred  and  fifty-seven,  twelve 
hundred  and  fifty-eight,  twelve  hundred  and  fifty-nine,  twelve  hundred 
and  sixty,  twelve  hundred  and  sixty-one,  twelve  hundred  and  sixty-two, 
twelve  hundred  and  sixty-three,  twelve  hundred  and  sixty-four,  twelve 
hundred  and  sixty-five,  twelve  hundred  and  sixty-six,  twelve  hundred 
and  sixty-seven  and  twelve  hundred  and  sixty-eight  of  the  Political 
Code  of  this  state. 

The  number  of  ballots  agreeing  or  being  made  to  agree  with  the  num- 
ber of  names  on  the  lists,  as  provided  by  section  twelve  hundred  and 
fifty-five  of  the  Political  Code,  the  board  must  take  the  ballots  from  the 
box,  count  those  cast  by  each  party,  and  string  them  separately;  count 
all  the  votes  cast  for  each  party  candidate  for  the  several  offices  and 
record  the  same  on  separate  tally-lists  for  each  party. 

Returns,  canvass  of,  by  supervisors.     Declaration  of  result. 

Sec.  22.  The  board  of  supervisors  of  each  county,  the  board  of  elec- 
tion commissioners  in  any  city  and  county,  or,  in  the  case  of  a  city  or 
municipal  primary  election,  the  of&cers  charged  by  law  with  the  duty 
of  canvassing  the  vote  at  any  city  or  municipal  election  in  such  political 
subdivision,  shall  meet  at  the  usual  place  at  ten  o'clock  in  the  forenoon 
of  the  first  Thursday  after  each  primary  election  to  canvass  the  returns. 

If  at  the  time  of  meeting  the  returns  from  each  precinct  in  the 
county,  city  and  county  or  other  political  subdivision  in  which  polls  were 
opened  have  been  received  the  board  must  then  and  there  proceed  to 
canvass  the  returns;  but  if  all  the  returns  have  not  been  received  the 
board  may  adjourn  to  one  o'clock  in  the  afternoon  of  the  following 
Monday,  when  the  canvass  shall  begin  and  be  continued  until  completed, 
which  shall  not  be  later  than  six  o'clock  in  the  afternoon  of  the  six- 
teenth day  following  such  primary  election. 

The  clerk  of  the  board  must,  as  soon  as  the  result  is  declared,  enter 
upon  the  records  of  such  board  a  statement  of  such  result,  which  state- 
ment shall  contain  the  whole  number  of  votes  cast  for  each  candidate 
of  each  political  party,  and  for  delegates  to  county  and  municipal  con- 
ventions, if  any,  and  a  duplicate  as  to  each  political  party  shall  be  de- 
livered to  the  county,  city  and  county  or  city  chairman  of  such  political 
party,  as  the  case  may  be. 

The  clerk  shall  also  make  an  additional  duplicate  statement  in  the 
same  form,  showing  the  votes  cast  for  each  candidate  not  voted  for 
wholly  within  the  limits  of  such  county  or  city  and  county.  The  county 
clerk  or  registrar  of  voters  in  any  city  and  county  shall  forthwith  send 
to  the  secretary  of  state  by  registered  mail  one  complete  copy  of  all 
returns  as  to  such  candidates,  and  as  to  all  candidates  for  the  state 
assembly,  state  senate,  Eepresentatives  in  Congress  and  judicial  oifices, 
except  justices  of  the  peace. 


ELECTIONS.  1801 

The  clerk  shall  also  prepare  a  separate  statement  of  the  names  of  the 
candidates  of  each  political  party  who  have  received  the  highest  num- 
ber of  votes  for  the  several  offices  to  be  voted  for  wholly  within  such 
county,  city  and  county  or  other  political  subdivision  in  which  such 
primary  election  was  held. 

The  secretary  of  state  shall,  not  later  than  the  twenty-fifth  day  after 
any  primary  election,  compile  the  returns  for  all  candidates  voted  for  in 
more  than  one  county,  and  for  all  candidates  for  the  assembly,  state 
senate,  Eepresentatives  in  Congress  and  judicial  offices,  except  justices 
of  the  peace,  and  shall  make  out  and  file  in  his  office  a  statement  thereof. 

Who  shall  be  declared  candidates.     Certificates  of  nomination. 

Sec.  23.  The  person  receiving  the  highest  number  of  votes  at  a 
primary  election  as  the  candidate  for  the  nomination  of  a  political 
party  for  ai^  office  shall  be  the  candidate  of  the  party  for  such  office, 
and  his  name  as  such  candidate  shall  be  placed  on  the  official  ballot 
voted  at  the  ensuing  election.  The  elector  receiving  the  highest  num- 
ber of  votes  of  his  party  in  his  district,  ward  or  precinct  for  delegate 
shall  be  a  representative  of  his  party  from  the  political  subdivision  in 
which  he  was  elected  in  all  conventions  of  his  party  in  such  county  or 
city  in  which  such  political  subdivision  is  entitled  to  representation. 
When  two  or  more  delegates  are  to  be  elected  from  the  same  political 
subdivision,  the  elector  receiving  a  plurality  over  the  elector  next  in 
number  of  votes,  sTiall  be  declared  elected,  until  as  many  delegates  have 
been  chosen  as  have  been  apportioned  to  such  district,  ward  or  pre- 
cinct. 

It  shall  be  the  duty  of  the  officers  charged  with  the  canvass  of  the 
returns  of  any  primary  election  in  any  county,  city  and  county  or  munici- 
pality to  cause  to  be  issued  official  certificates  of  nomination  to  such 
party  candidates  as  have  received  the  higliest  number  of  votes  as  the 
candidates  for  the  nomination  of  such  party  for  any  offices  to  be  voted 
for  wholly  within  such  county,  city  and  county,  or  municipality,  and 
cause  to  be  issued  to  such  delegate  a  certificate  of  his  election. 

It  shall  be  the  duty  of  the  secretary  of  state  to  issue  official  certifi- 
cates of  nomination  to  candidates  nominated  under  the  provisions  of 
this  act  for  Eepresentatives  in  Congress  and  officers  voted  for  in  more 
than  one  county. 

Not  less  than  twenty-five  days  before  the  November  election  the  sec- 
retary of  state  shall  certify  to  th«  county  clerks  or  registrars  of  voters 
of  each  county  and  city  and  county  within  the  state,  the  name  of  every 
person  entitled  to  receive  votes  within  such  county  or  city  and  county 
at  said  November  election  who  has  received  the  nomination  as  a  candi- 
date for  public  office  under  and  pursuant  to  the  provisions  of  this  act, 
and  whose  nomination  is  evidenced  by  the   compilation   and  statement 


1802  APPENDIX. 

required  to  be  made  by  said  secretary  of  state  and  filed  in  his  office,  as 
provided  in  section  twenty-two  of  this  act.  Such  certificates  shall  in 
addition  to  the  names  of  such  nominees  respectively,  also  show  sepa- 
rately and  respectively  for  each  nominee  the  name  of  the  political  party 
or  organization  which  has  nominated  such  person  and  the  designation  of 
the  public  office  for  which  he  is  so  nominated. 

It  shall  also  be  the  duty  of  the  secretary  of  state  to  compile  the  re- 
turns for  United  States  Senator  in  Congress,  if  any,  and  prepare  a  state- 
ment thereof,  showing  the  vote  cast  for  said  candidate  of  each  party  in 
each  assembly  and  senatorial  district.  A  duplicate  of  such  statement  in 
so  far  as  it  shall  be  applicable  to  such  party  shall  be  transmitted  to  the 
state  chairman  of  each  political  party.  And  it  shall  be  the  duty  of 
the  secretary  of  state  to  transmit  duplicates  of  said  statements  to  the 
speaker  of  the  assembly  and  the  president  of  the  senate  on  the  first 
day  of  the  next  ensuing  session  of  the  legislature. 

Party  conventions.     Committees. 

Sec.  24.  1.  Party  conventions  of  delegates  chosen  as  hereinafter  pro- 
vided may  be  held  in  this  state,  or  any  political  subdivision  thereof, 
for  the  purpose  of  promulgating  platforms  and  transacting  such  other 
business  of  the  party  as  is  not  inconsistent  with  the  provisions  of  this 
act. 

2.  A  state  convention  shall  be  called  in  the  manner  following:  The 
state  central  committee  of  any  political  party  shall  at  least  fifty  days 
prior  to  the  August  primary  election  file  a  written  petition  signed  by 
the  chairman  and  secretary  thereof  with  the  secretary  of  state,  and  mail 
a  copy  thereof  to  the  chairman  and  secretary  of  each  county  central 
committee  of  said  party  in  the  state,  which  petition  shall  set  forth  the 
date  and  place  of  holding  the  state  convention  of  said  political  party, 
and  the  number  of  delegates  entitled  to  seats  therein,  also  the  number 
of  delegates  apportioned  to  each  county,  together  with  a  brief  statement 
of  the  purposes  for  which  said  convention  shall  be  assembled.  All  dele- 
gates to  state  conventions  shall  be  elected  by  county  conventions,  as 
provided  in  subdivision  three  of  this  section. 

In  years  when  candidates  for  President  and  Vice-President  of  the 
United  States  arc  to  be  nominated,  the  state  central  committee  of  any 
political  party  shall  issue  a  call  for  a  state  convention  to  be  held  in 
the  month  of  May,  for  the  purpose  of  electing  delegates  to  the  national 
convention  to  nominate  candidates  for  President  and  Vice-President  of 
the  United  States.  Said  call  shall  be  filed  with  the  secretary  of  state 
at  least  fifty  days  before  the  date  fixed  for  said  state  convention,  and 
a  copy  thereof,  signed  by  the  chairman  and  secretary  of  the  state  cen- 
tral committee,  shall  be  mailed  to  the  chairman  and  secretary  of  each 
county  committee  of  their  respective  parties  within  the  state.     The  call 


ELECTIONS,  1803 

for  .said  convention  shall  fix  the  time  and  plaee  for  holding  said  state 
convention,  together  with  a  statement  of  the  number  of  delegates  en- 
titled to  seats  therein,  and  the  number  of  delegates  ajiiiortioned  to  each 
county.  The  chairman  and  secretary  of  each  county  committee  shall, 
within  ten  days  after  receipt  of  a  copy  of  the  call  for  the  May  state 
convention  issued  by  the  state  central  committee,  issue  a  call  for  the 
assembling  of  a  county  convention,  which  county  convention  shall  be 
composed  of  the  delegates  elected  to  the  county  convention  at  the  last 
preceding  August  primary  election.  Such  call  shall  be  filed  with  the 
county  clerk  and  a  copy  thereof  mailed  to  each  delegate  within  such 
county.  The  call  issued  by  the  county  committee  shall  set  forth  the 
time  and  place  for  holding  such  county  convention  and  the  purposes  of 
such  convention,  together  with  a  statement  of  the  number  of  delegates 
to  the  state  convention  to  be  chosen  by  said  county  convention. 

3.  A  county  convention  shall  be  called  in  the  manner  following:  The 
county  central  committee  of  any  political  party  shall  at  least  thirty 
days  prior  to  each  August  primary  election,  file  a  written  petition  signed 
by  its  chairman  and  secretary,  with  the  county  clerk,  which  petition 
shall  contain  the  date  and  place  of  holding  such  convention,  the  number 
of  delegates  entitled  to  seats  therein,  also  the  number  of  delegates  ap- 
portioned to  each  election  subdivision  in  the  territory  which  said  con- 
vention will  represent;  also  a  brief  statement  of  the  purposes  for  which 
such  convention  is  called,  and  the  chairman  and  secretary  of  such  county 
central  committee  shall  mail  or  cause  to  be  mailed  a  notice  containing 
the  substance  of  such  petition  to  each  committeeman  of  such  party  in 
the  county.  Such  convention  notice  shall  provide  for  the  election  of  as 
many  delegates  to  the  state  convention  as  shall  have  been  apportioned 
by  the  call  of  the  state  central  committee  to  such  county,  and  shall  also 
provide  for  the  selection  of  a  county  central  committee,  which  shall  have 
control  and  management  of  the  party  campaign.  In  any  county  the 
county  committee  shall  be  selected  by  the  county  convention. 

4.  City  and  county  or  municipal  conventions  shall  be  called  in  like 
manner  as  state  and  county  conventions,  and  delegates  thereto  shall  be 
elected  at  primary  elections  held  in  such  city  and  county  or  municipal- 
ity to  nominate  candidates  for  office  in  such  political  subdivisions  in 
like  manner  as  herein  provided  for  the  election  of  delegates  to  county 
conventions.  In  any  city  and  county  the  petition  calling  such  conven- 
tion shall  be  filed  with  the  registrar  of  voters,  and  in  municipalities, 
with  the  secretary  or  clerk  of  the  legislative  body  of  such  municipality, 
and  the  names  of  candidates  for  delegates  to  such  conventions  shall  be 
written  or  pasted  on  the  official  primary  ballot  in  like  manner  and  form 
as  herein  provided  for  county  conventions.  In  any  city  and  county  the 
county  committee  shall  be  selected  by  the  county  convention. 


1804  APPENDIX. 

5.  County,  city  and  county,  and  municipal  conventions  shall  be  held 
not  later  than  two  weeks  after  the  primary  election  at  which  delegates 
to  such  conventions  are  chosen,  and  the  state  convention  not  later  than 
four  weeks  after  the  August  election. 

Each  party  candidate  nominated  for  the  state  assembly  may,  not  later 
than  Tuesday  two  weeks  after  the  primary  election,  appoint  an  assembly 
district  committee,  which  committee  shall  consist  of  not  less  than  one 
member  from  each  voting  precinct  in  such  assembly  district.  Such  com- 
mittee, if  any,  shall  serve  for  the  term  of  two  years. 

Each  party  candidate  nominated  for  the  state  senate  may,  not  later 
than  Tuesday  two  weeks  after  the  primary  election,  appoint  a  state 
senatorial  district  committee,  which  committee  shall  consist  of  not  less 
than  seven  members  from  each  assembly  district  in  such  state  sena- 
torial district.  Such  committee,  if  any,  shall  serve  for  the  term  of  four 
years. 

Each  party  candidate  nominated  for  Eepresentative  in  Congress  may, 
not  later  than  Tuesday  three  weeks  after  the  primary  election,  appoint 
a  Congressional  district  committee,  which  committee  shall  consist  of  not 
less  than  one  nor  more  than  three  members  from  each  assembly  district 
in  such  Congressional  district.  Such  committee,  if  any,  shall  serve  for 
the  term  of  two  years. 

State  central  committees  shall  be  selected  by  the  state  conventions  of 
each  political  party,  to  consist  of  not  less  than  three  members  from  each 
Congressional  district,  who  shall  hold  office  until  a  new  state  central 
committee  shall  have  been  selected.  Each  such  committee  may  select 
an  executive  committee  and  shall  choose  its  officers  by  ballot  and  each 
committee  and  its  officers  shall  have  the  powers  usually  exercised  by 
such  committees  and  the  officers  thereof  in  so  far  as  may  be  consistent 
with  this  act.  The  various  officers  and  committees  now  in  existence 
shall  exercise  the  powers  and  perform  the  duties  herein  prescribed  until 
their  successors  are  chosen  in  accordance  with  the  provisions  of  this 
act. 

Vacancies,  how  filled. 

Sec.  25.  Vacancies  occurring  after  the  holding  of  any  primary  elec- 
tion shall  be  filled  by  the  party  committee  of  the  city,  county,  city  and 
county,  district  or  state,  as  the  case  may  be. 

Tie  votes,  how  determined. 

Sec.  26.  In  case  of  a  tie  vote,  if  for  an  office  to  be  voted  for  wholly 
within  one  county  or  city  and  county,  the  county,  city  and  county  or 
city  board,  as  the  case  may  be,  shall  forthwith  summon  the  candidates 
who  have  received  such  tie  votes  to  appear  before  such  board,  and  such 
board  in  the  presence  of  such  candidates  shall  determine  the  tie  by  lot. 


ELECTIONS.  1805 

In  the  case  of  a  tie  vote  for  an  office  to  be  voted  for  in  more  than  one 
county,  such  tie  shall  be  deteriniuod  bj'  lot  by  the  secretary  of  state  in 
the  presence  of  the  candidates  or  their  legally  appointed  representa- 
tives. 

Errors  in  placing  names  on  ballot,  how  corrected. 

Sec.  27.  Whenever  it  shall  be  made  to  appear  by  affidavit  to  the 
supreme  court  or  district  courts  of  appeal  or  superior  court  of  the  proper 
county  that  an  error  or  omission  has  occurred  or  is  about  to  occur  in 
the  placing  of  any  name  on  an  official  primary  election  ballot,  that  any 
error  has  been  or  is  about  to  be  committed  in  printing  such  ballot,  or 
that  any  wrongful  act  has  been  or  is  about  to  be  done  by  any  judge 
or  clerk  of  a  primary  election,  county  clerk,  registrar  of  voters  in  any 
city  and  county,  canvassing  board  or  any  member  thereof,  or  other  per- 
son charged  with  any  duty  concerning  the  primary  election,  or  that  any 
neglect  of  duty  has  occurred  or  is  about  to  occur,  such  court  shall  order 
the  officer  or  person  charged  with  such  error,  wrong  or  neglect  to  forth- 
with correct  the  error,  desist  from  the  wrongful  act  or  perform  the  duty, 
or  forthwith  show  cause  why  he  should  not  do  so.  Any  person  who  shall 
fail  to  obey  the  order  of  such  court  shall  be  cited  forthwith  to  show 
cause  why  he  shall  not  be  adjudged  in  contempt  of  court. 

Contests. 

Sec.  28.  Any  candidate  at  a  primary  election  desiring  to  contest  the 
nomination  of  another  candidate  for  the  same  office  may  proceed  by  affi- 
davit within  five  days  after  the  completion  of  the  canvass,  as  provided 
in  section  twenty-seven  of  this  act.  And  the  contestee  shall  be  required 
by  the  order  of  such  court  to  appear  and  abide  the  further  order  of  the 
court. 

Expenses  of  candidates  for  nomination,  what  are  pennitted. 

Sec.  29.  No  candidate  for  nomination  to  any  elective  office,  including 
that  of  United  States  Senator  in  Congress,  shall  directly  or  indirectly 
pay,  expend  or  contribute  &ny  money  or  other  valuable  thing,  or  promise 
so  to  do,  except  for  legal  expenses  as  the  same  are  hereinafter  defined 
and  limited: 

1.  For  the  candidate's  official  filing  fee. 

2.  For  the  circulating  and  verifying  of  nominations  papers. 

3.  For  the  candidate's  personal  traveling  expenses. 

4.  For  rent  and  necessary  furnishing  of  halls  or  rooms,  during  such 
candidacy,  for  public  meetings  or  for  committee  headquarters. 

5.  For  payment  of  speakers  and  musicians  at  public  meetings  and  their 
necessary  traveling  expenses. 


1806  APPENDIX. 

6.  For  printing  and  distrihution  of  pamphlets,  circulars,  newspapers, 
cards,  handbills,  posters  and  announcements  relative  to  candidates  or 
political  issues  or  principles. 

7.  For  his  share  of  the  reasonable  compensation  of  challengers  at  the 
polls. 

8.  For  making  canvasses  of  voters. 

9.  For  clerk  hire. 

10.  For  conveying  infirm  or  disabled  voters  to  and  from  the  polls. 

Amount  of  money  candidate  may  expend. 

8ec.  30.  No  candidate  for  nomination  to  any  elective  office,  including 
that  of  United  States  Senator  in  Congress,  shall,  directly  or  indirectly, 
pay  or  expend  in  the  aggregate,  or  promise,  agree  or  offer  to  pay,  con- 
tribute or  expend,  for  legal  expenses  as  enumerated  in  section  twenty- 
nine,  any  money  or  other  valuable  thing,  in  order  to  secure,  or  aid  in 
securing,  his  nomination,  in  excess  of  a  sum  determined  as  follows: 
When  the  total  vote  within  the  same  constituency  at  the  last  preceding 
general  election  did  not  exceed  five  thousand,  two  hundred  and  fifty 
dollars;  for  each  one  hundred  voters  over  five  thousand  and  under 
twenty-five  thousand,  two  dollars;  for  each  one  hundred  voters  over 
twenty-five  thousand  and  under  fifty  thousand,  one  dollar;  and  for  each 
one  hundred  voters  over  fifty  thousand,  fifty  cents. 

Statement  of  expenses. 

See.  31.  Every  person  who  shall  be  a  candidate  for  nomination  to 
any  elective  office,  including  that  of  United  States  Senator  in  Congress, 
shall  make  in  duplicate,  within  twenty-eight  days  after  the  primary 
election,  a  verified  statement,  setting  forth  each  and  every  sum  of  money 
contributed,  disbursed,  expended  or  promised  by  him,  and,  to  the  best 
of  his  knowledge  and  belief,  by  any  and  every  other  person  or  associa- 
tion of  persons  in  his  behalf  wholly  or  partly  in  endeavoring  to  secure 
his  nomination;  that  the  affiant  has  used  all  reasonable  diligence  in 
preparing  to  make  such  statement  and  that  the  same  is  as  full  and 
explicit  as  he  is  able  to  make  it.  And  within  the  time  aforesaid  he 
shall  file  one  copy  thereof  with  the  officer  authorized  to  issue  the  cer- 
tificate of  nomination  and  the  other  with  the  recorder  of  the  county  or 
city  and  county  in  which  he  resides.  No  officer  shall  issue  any  certifi- 
cate of  nomination  to  any  person  until  such  statement  has  been  filed  by 
him. 

Bribes  to  voters.     Suppression  of  nomination  papers.     Offenses,  what  are. 

Sec.  32.  [1.]  Any  person  who  shall  offer,  or  with  knowledge  of  the 
same  permit  any  person  to  offer  for  his  benefit,  any  bribe  to  a  voter 
to  induce  such  voter  to  sign  any  nomination  paper,  and  any  person  who 


ELECTIONS.  1807 

shall  accept  such  bribe  or  any  promise  of  gain  of  any  kind  in  the  nature 
of  a  bribe  as  consideration  for  signing  any  nomination  paper,  wliether 
such  bribe  or  promise  of  gain  in  the  nature  of  a  bribe  be  offered  or 
accepted  before  or  after  signing,  shall  be  guilty  of  a  misdeme-snor,  and 
upon  trial  and  conviction  thereof  shall  be  punished  by  a  fine  of  not 
less  than  twenty-five  dollars  nor  more  than  three  hundred  dollars,  or  by 
imprisonment  in  the  county  jail  for  not  less  than  ten  days  nor  more  than 
one  hundred  and  twenty  days,  or  by  both  such  fine  and  imprisonment. 

2.  Any  person  who,  being  in  possession  of  any  nomination  paper  or 
papers  and  affidavits  entitled  to  be  filed  under  the  provisions  of  this 
act,  shall  wrongfully  either  suppress,  neglect  or  fail  to  cause  the  same 
to  be  filed  at  the  proper  time  and  in  the  proper  place  shall  be  guilty  of 
a  misdemeanor,  and  upon  trial  and  conviction  thereof  shall  be  punished 
by  a  fine  of  not  less  than  one  hundred  dollars  nor  more  than  five  hundred 
dollars,  or  by  imprisonment  in  the  county  jail  for  not  less  than  thirty 
daj's  nor  more  than  six  months,  or  by  both  such  fine  and  imprisonment. 

3.  Any  act  or  omission  declared  to  be  an  offense  by  the  general  laws 
of  this  state  concerning  primaries  and  elections  shall  also  in  like  case 
be  an  offense  concerning  primary  elections  as  provided  for  by  this  act, 
and  shall  be  punished  in  the  same  manner  and  form  as  therein  pro- 
vided, and  all  the  penalties  and  provisions  of  the  law  governing  elec- 
tions, except  as  herein  otherwise  provided,  shall  apply  in  equal  force 
to  primary  elections  as  provided  for  by  this  act. 

Preparation  of  forms. 

Sec.  33.  It  shall  be  the  duty  of  the  secretary  of  state  and  the  at- 
torney-general to  prepare  on  or  before  August  first,  nineteen  hundred 
and  nine,  all  forms  necessary  to  carry  out  the  provisions  of  this  act, 
which  forms  shall  be  substantially  followed  in  all  primary  elections  held 
in  pursuance  hereof. 

Inconsistent  or  conflicting  acts  repealed. 

Sec.  34.  All  acts  or  parts  of  acts  inconsistent  with  or  in  conflict  with 
the  provisions  of  this  act  are  hereby  repealed. 

Act  takes  effect  when. 

See.  35.  This  act  shall  take  effect  and  be  in  force  from  and  after 
June  first,  nineteen  hundred  and  nine. 


1808  APPENDIX. 

An  Act  to  regulate  the  conduct  of  election  campaigns,  and  repealing  an  ad 
entitled  "An  Act  to  promote  the  purity  of  elections  hy  regulating  the' 
conduct  thereof,  and  to  support  the  privilege  of  free  sufrage  hy  pro- 
hibiting certain  acts  and  practices  in  relation  thereto,  and  providing  for 
the  punishment  thereof,"  approved  FeiruMry  23,  1893. 

[Approved  March   19,   1907;   Stats.   1907,  p.   671.] 

8    1.     Itemized  statement   to  be  filed  by  candidate.     Avoiding  illegal  payments  by 
other   persons. 

§    2.     Duty   of    committee. 

§    3.     "What  are  legitimate  expenses.     Amount  that  can  be  expended  by  candidate 
or  in  his  behalf. 

§     4.     AVhen   claims  must  be   presented. 

§     5.      Claims  presented  after  time  limit,  how  may  be  paid. 

§     6.     Ronms  must  not  be  rented  where  intoxicating  liquors  are  sold. 

§     7.     Name   of  printer. 

§     8.      Act    of    1893    repealed. 

§    9.     Penalty. 

§  10.     Who  is  competent  witness.     This  section  to  be  read  to  witness. 

§  11.     Act    takes    effect    when. 

Itemized  statement  to  Tjb  filed  by  candidate.    Avoiding  illegal  pasrments 

by  other  persons. 

Section  1.  Every  candidate  who  is  voted  for  at  any  public  election 
held  within  the  state  shall,  within  fifteen  days  after  the  day  of  holding 
such  election,  file,  as  hereinafter  provided,  an  itemized  statement,  show- 
ing in  detail  all  moneys  paid,  loaned,  contributed,  or  otherwise  furnished 
to  him,  or  for  his  use,  directly  or  indirectly,  in  aid  of  his  election,  and 
all  moneys  contributed,  loaned,  or  expended  by  him,  directly  or  indi- 
rectly by  himself  or  through  any  other  person,  in  aid  of  his  election. 
Such  statement  shall  give  the  names  of  the  various  persons  who  paid, 
loaned,  contributed,  or  otherwise  furnished  such  moneys  in  aid  of  his 
election,  and  the  names  of  the  various  persons  to  whom  such  moneys 
were  contributed,  loaned  or  paid,  the  specific  nature  of  each  item,  the 
service  performed,  and  by  whom  performed,  and  the  purpose  for  which 
the  money  was  expended,  contributed  or  loaned. 

If  the  candidate  seeks  to  avoid  the  responsibility  of  any  illegal  pay- 
ment made  by  any  other  person  in  his  behalf,  he  shall  get  out  such 
illegal  payment  and  disclaim  responsibility  therefor.  Candidates  for 
office  to  be  filled  by  the  electors  of  the  state,  or  of  any  political  division 
thereof  greater  than  a  county,  and  for  members  of  the  senate  and  as- 
sembly, Eepresentative  in  Congress,  or  for  members  of  the  state  board 
of  equalization,  or  state  board  of  railroad  commissioners,  shall  file  their 
statements  in  the  ofiice  of  the  secretary,  of  state.  Candidates  for  all 
other  oflices  shall  file  their  statements  in  the  office  of  the  clerk  of  the 


ELECTIONS.  1809 

county  wherein  the  election  is  held,  and  within  which  the  duties  of  the 
office  for  which  the  candidate  is  voted  for  are  to  be  exercised.  The 
Btatemcnt  of  a  committee  or  candidate  shall  be  recorded  in  the  office 
of  the  county  recorder,  and  shall,  after  being  filed,  become  a  public 
record,  and  open  at  all  times  to  public  inspection. 

Vouchers  must  be  filed  for  all  expenditures,  except  in  the  case  of 
sums  under  five  dollars. 

Duty  of  committee. 

See.  2.  Every  committee  organized  for  the  purpose,  or  charged  with 
the  duty  of  conducting  the  election  campaign  of  any  political  party,  or 
of  any  candidate  or  candidates,  shall  appoint  a  treasurer,  who  shall  re- 
ceive and  disburse  all  moneys  contributed  for  such  campaign  purposes, 
and  keep  a  true  account  thereof,  and  shall,  in  the  same  manner  as  herein 
required  of  candidates,  file  an  itemized  statement  of  all  money  received 
or  disbursed  by  him  as  such  treasurer. 

What  are  legitimate  expenses.     Amount  that  can  be  expended  by  candi- 
date or  in  his  behalf. 

Sec.  3.  No  sum  of  money  shall  be  paid  and  no  expense  incurred  by 
or  on  behalf  of  any  candidate  or  campaign  committee  as  defined  in 
section  two  of  this  act,  or  any  body  of  superior  authority,  to  which  such 
committee  is  subject,  if  any,  whether  before,  during,  or  after  an  elec- 
tion, on  account  of  or  in  respect  of  the  conduct  or  management  of  such 
election,  except  for  the  expenses  of  holding  and  conducting  public  meet- 
ings for  the  discussion  of  public  questions,  and  of  printing  and  circulat- 
ing specimen  ballots,  handbills,  cards,  and  other  papers  previous  to  such 
election,  and  of  advertising  and  of  postage,  expressage,  telegraphing,  and 
telephoning,  and  of  supervising  the  registration  of  voters,  and  watching 
the  polling  or  counting  of  votes  cast  at  such  election,  and  of  salaries  of 
persons  employed  in  transacting  business  at  office  or  headquarters  and 
necessary  expenses  of  maintaining  the  same,  and  for  rent  of  rooms  neces- 
sary for  the  transaction  of  the  business  of  candidate  or  committee,  or 
superior  authority  to  which  such  committee  is  subject,  if  any,  and  for 
necessary  incidental  expenses,  which  shall  not  exceed  the  sum  of  one 
hundred  dollars,  if  expended  by  a  candidate,  or  one  thousand  dollars,  if 
expended  by  a  committee;  and  no  sum  shall  be  paid  and  no  expense 
shall  be  incurred,  directly  or  indirectly,  by  or  on  behalf  of  a  candidate, 
whether  before,  during,  or  after  an  election,  on  account  of  or  in  respect 
of  the  conduct  and  management  of  an  election  at  which  he  is  a  candi- 
date, in  excess  of  the  maximum  amount  following,  that  is  to  say:  if  the 
term  of  the  office  for  which  the  person  is  a  candidate  be  for  one  year 
or  less,  five  per  centum  of  the  amount  of  one  year's  salary  of  the  office; 
Gen.  '     ws — 113 


1810  APPENDIX. 

if  the  term  be  for  more  than  one  year,  and  not  more  than  two  years,  ten 
per  centum  of  the  amount  of  one  year's  salary  of  the  oflfiee;  if  the  term 
be  for  more  than  two  years,  and  not  more  than  three  years,  fifteen  per 
centum  of  the  amount  of  one  year's  salary  of  the  office;  if  the  term  be 
for  more  than  three  years,  and  not  more  than  four  years,  twenty  per 
centum  of  the  amount  of  one  year's  salary  of  the  office;  if  the  term  be 
for  more  than  four  years,  ten  per  centum  of  the  amount  of  one  year's 
salary  of  the  office;  if  the  office  be  one  for  which,  in  lieu  of  a  salary, 
there  is  allowed  per  diem,  for  a  statutory  period,  or  for  the  number  of 
days  actually  engaged  in  the  performance  of  public  duties,  twenty-five 
per  centum  of  the  amount  to  accrue  for  the  statutory  period;  if  the  office 
be  one  for  which  in  lieu  of  a  salary,  a  yearly  sum  is  allowed  the  officer 
for  all  the  expenses  of  his  office,  the  expenditures  of  the  candidate  for 
such  office  shall  not  exceed  the  amount  of  ten  per  centum  of  the  allow- 
ance for  such  office  for  one  year;  if  the  ofike  be  one  for  which  no  salary 
or  compensation  is  allowed,  except  fees,  or  a  salary  not  exceeding  nine 
hundred  dollars  per  annum  and  fees,  the  expenditures  of  the  candidate 
for  such  office  shall  not  exceed  the  amount  of  one  hundred  and  fifty 
dollars;  if  the  office  be  one  for  which  no  salary  or  compensation  is  al- 
lowed, or  for  which  a  per  diem  is  allowed  for  the  days  actually  employed 
in  the  performance  of  a  public  duty,  the  expenditures  of  the  candidate 
for  such  office  shall  not  exceed  one  hundred  dollars;  if  the  candidate  is 
also  at  the  same  time  a  candidate  for  an  unexpired  term,  he  shall  not 
pay  or  expend  any  sum  on  account  of  such  unexpired  term,  but  the 
maximum  amount  to  be  expended  by  such  candidate  shall  be  as  herein- 
above provided. 

When  claims  must  be  presented. 

Sec.  4.  Every  claim  payable  by  a  committee  as  defined  in  section  two 
of  this  act  on  account  of  or  in  respect  of  any  expense  incurred  in  the 
conduct  and  management  of  an  election  held  within  this  state,  or  on 
behalf  of  the  candidates  of  the  political  party,  organized  assemblage,  or 
body  which  such  committee  represents,  must  be  presented  to  the  com- 
mittee within  ten  days  after  the  return  day  of  the  election,  and  if  not 
so  presented,  the  same  shall  not  be  paid,  and  no  action  shall  be  com- 
menced or  maintained  thereon,  and  all  expenses  incurred  as  aforesaid 
shall  be  paid  within  fifteen  days  after  the  completion  of  such  official 
canvass,  and  not  otherwise.  Every  claim  in  respect  of  any  expenses  in- 
curred by  or  on  behalf  of  a  candidate  at  an  election  held  within  this 
state  on  account  of  or  in  respect  of  the  conduct  or  management  of  such 
election  shall  be  presented  to  such  candidate  within  ten  days  after  the 
day  of  election,  and  if  not  so  presented,  the  same  shall  not  be  paid,  and 
no  action  shall  be  instituted  or  maintained  thereon:   an"^   all  such  ex- 


ELECTIONS.  1811 

penses  ineiirred  as  aforesaid  must  be  paid  within  twelve  daj's  after  the 
day  of  election,  and  not  otherwise.  Any  person  who  makes  a  payment 
in  contravention  of  this  section,  except  where  such  payment  is  allowed, 
as  provided  by  this  act,  is  guilty  of  a  misdemeanor.    • 

Claims  presented  after  time  limit,  how  may  be  paid. 

Sec.  5.  The  superior  court  of  the  county  in  which  such  statement  is 
filed  or  is  required  to  be  filed,  may,  on  the  application  of  either  the 
committee  or  candidate,  or  a  creditor  of  either  allow  any  claim,  not  in 
excess  of  the  maximum  amount  allowed  by  this  act,  to  be  presented 
and  paid  after  the  time  limited  by  this  act;  and  a  statement  of  any  sum 
so  paid,  with  a  certificate  of  its  allowance,  shall  forthwith,  after  pay- 
ment, be  filed  by  the  committee  or  candidate  in  the  same  office  as  the 
original  statement  of  the  committee  or  candidate.  If  the  candidate  or 
committee,  upon  such  application,  shall  show  to  the  satisfaction  of  said 
court  that  any  error  or  false  recital  in  such  statement,  or  that  the  fail- 
ure to  make  such  statement  or  to  present,  within  the  designated  time,  a 
claim  otherwise  just  and  proper,  has  been  occasioned  by  the  absence  or 
illness  of  such  candidate,  or  by  the  absence,  illness  or  death  of  one  or 
more  members  of  such  committee,  or  by  the  misconduct  of  any  person 
other  than  such  applicant,  or  by  inadvertence  or  excusable  neglect,  or  of 
any  reasonable  cause  of  a  like  manner,  and  not  by  reason  of  any  want 
of  good  faith  on  the  part  of  the  applicant,  the  court  may,  after  such 
notice  of  the  application  as  the  court  shall  require,  and  on  the  production 
of  such  evidence  of  the  facts  stated  in  the  application  as  shall  be  satis- 
factory to  such  court,  by  order,  allow  such  statement  to  be  filed,  or  such 
error  or  false  recital  therein  to  be  corrected,  or  such  claims  to  be  paid, 
as  to  the  court  seems  just;  and  such  order  shall  relieve  the  applicant 
from  any  liability  or  consequences  under  this  act  in  respect  of  the  mat-- 
ters  excused  by  the  order.  If  the  application  is  made  by  a  creditor, 
the  court  may,  under  like  conditions  and  upon  a  like  showing,  order  the 
claim  to  be  paid,  and  the  creditor  shall  also  be  entitled  to  his  costs. 
The  claims  of  one  or  more  creditors  may  be  united  in  such  application, 
but  the  amount  and  specific  nature  of  each  claim  must  be  fully  stated. 

Rooms  must  not  be  rented  where  intoxicating  liquors  are  sold. 

Sec.  6.  No  payment  of  any  money  shall  be  made  by  a  committee  or 
candidate  for  the  rent  of  any  premises  to  be  used  as  a  committee-room 
or  headquarters,  or  for  holding  a  meeting,  or  for  the  purpose  of  pro- 
moting the  election  of  a  candidate,  or  on  account  of,  or  in  respect  to  the 
conduct  or  management  of,  an  election,  where  intoxicating  liquors  are 
sold  for  consumption  on  the  premises,  or  where  intoxicating  liquor  is 
supplied  to  members  of  any  club,  society,  or  association;  provided,  that 


1812  APPENDIX. 

nothing  in  this  section  shall  apply  to  any  part  of  such  premises  which 
is  ordinarily  let  for  the  purposes  of  offices,  or  for  holding  public  meet- 
ings, if  such  part  has  a  separate  entrance  and  no  direct  communication 
with  any  part  of  the  premises  on  which  any  intoxicating  liquor  or  re- 
freshment is  sold  or  supplied  as  aforesaid. 

Name  of  printer. 

Sec.  7.  Every  bill,  placard,  poster,  pamphlet  or  other  printed  matter 
having  reference  to  an  election,  or  to  any  candidate,  shall  bear  upon 
the  face  thereof  the  name  and  address  of  the  printer  and  publisher 
thereof,  and  no  payment  therefor  shall  be  made  or  allowed  unless  such 
address  is  so  printed. 

Act  of  1893  repealed. 

Sec.  8.  An  act  entitled  "An  Act  to  promote  the  purity  of  elections 
by  regulating  the  conduct  thereof,  and  to  support  the  privilege  of  free 
suffrage  by  prohibiting  certain  acts  and  practices  in  relation  thereto, 
and  providing  for  the  punishment  thereof,"  approved  February  twenty- 
third,  eighteen  hundred  and  ninety-three,  and  all  other  acts  and  parts 
of  acts  inconsistent  with  this  act  are  hereby  repealed;  provided  that  no 
provision  of  this  act  shall  be  construed  so  as  to  repeal  any  provision  of 
title  four  of  part  one  of  the  Penal  Code,  entitled  "Of  Crimes  against  the 
Elective  Franchise." 

Penalty. 

See.  9.  Any  person  offending  against  any  of  the  provisions  of  this 
act  shall  be  guilty  of  a  misdemeanor,  and  be  dealt  with  as  provided  in 
the  Penal  Code. 

Who  is  competent  •witness.     This  section  to  he  read  to  witness. 

Sec.  10.  A  person  offending  against  any  provisions  of  this  act  is  a 
competent  witness  against  another  person  so  offending,  and  may  be  com- 
pelled to  attend  and  testify  upon  any  trial,  hearing,  proceeding,  or 
lawful  investigation  or  judicial  proceeding,  in  the  same  manner  as  any 
other  person.  If  such  person  demands  that  he  be  excused  from  testify- 
ing on  the  ground  that  his  testimony  may  incriminate  himself,  he  shall 
not  be  excused,  but  in  that  case  the  testimony  so  given  shall  not  be 
used  in  any  prosecution  or  proceeding,  civil  or  criminal,  against  the 
person  so  testifying,  except  for  perjury  in  giving  such  testimony,  and 
he  shall  not  thereafter  be  liable  to  indictment  or  presentment  by  in- 
formation, nor  to  prosecution  or  punishment  for  the  offense  with  refer- 
ence to  which  his  testimony  was  given.  No  person  shall  be  exempt  from 
indictment,  presentment  by  information,  prosecution  or  punishment  for 
the  offense  with  reference  to  which  he  may  have  testified  as  aforesaid 


ELECTIONS.  1813 

When  such  person  so  testifying  does  so  voluntarily  or  when  such  person 
BO  testifying  fails  to  ask  to  be  excused  from  testifying  on  the  ground 
that  his  testimony  may  incriminate  himself,  but  in  all  such  cases  the 
testimony  so  given  may  be  used  in  any  prosecution  or  proceeding,  civil 
or  criminal,  against  the  person  so  testifying.  Any  person  shall  be 
deemed  to  have  asked  to  be  excused  from  testifying  under  this  section 
unless,  before  any  testimony  is  given  by  such  a  witness,  the  judge,  fore- 
man or  other  person  presiding  at  such  trial,  hearing,  proceeding  or  inves- 
tigation, shall  distinctly  read  this  section  to  such  witness,  and  the  form 
of  the  objection  by  the  witness  shall  be  immaterial  if  he  in  substance 
makes  objection  that  his  testimony  may  incriminate  himself,  and  he 
shall  not  be  obliged  to  object  to  each  question,  but  one  objection  shall 
be  sufficient  to  protect  such  witness  from  prosecution  for  any  offense 
concerning  which  he  may  testify  upon  such  trial,  hearing,  proceeding  or 
investigation. 

Act  takes  effect  when. 

Sec.  11.     This  act  shall  take  effect  and  be  in  force  from  and  after  its 


An  Act  creating  a  state  commission  on  voting  or  "balloting  macTilnes,  de- 
fining their  powers,  and  providing  for  the  use  at  the  option  of  indicated 
local  authorities  of  voting  or  ballot  machines  for  receiving  and  register- 
ing the  vote  in  one  or  more  precincts  of  any  county,  or  city  and  county, 
city  or  town,  at  any  or  all  elections  held  therein,  and  for  ascertaining 
the  result  at  such  elections;  and  providing  for  the  punishment  of  all 
violations  of  the  provisions  of  this  act. 

[1.  Approved  March  20,  1903;  Stats.  1903,  p.  262.  2.  Amended  March  15,  1907; 
Stats.  1907,  p.  288.  3.  Amended  March  19,  1907;  Stats.  1907,  p.  644.  4.  Sup- 
plemented by  act  approved  March  19,  1907;   Stats.  1907,  p.  647.] 

S  1.  Creation  of  commission.  What  machines  may  be  used.  Duty  of  secretary 
of    state.      Approval.      Expenses    of    commission. 

§    2.      Supervisors   may  provide   and  require   us»  of  TOting-machines. 

§     3.     Joint   ownership. 

§     4.      Requirements    of   machine. 

§     5.     Number  of  machines   to   be   supplied. 

§     6.     Instructions   to  voters. 

§     7.      Tally-lists. 

§     8.     Duty   of   election  board. 

§     9.      Machine  to  be  in  plain  view. 

"  10.      Time    allowed    to    vote.        Vote   in    blank    column. 

§  11.     Declaration   of  result. 

§  12.     Duties    of   inspectors.      Opening    machine.     Kecords.     Contest. 

§  13.     Misconduct    at    elections. 


1814  APPENDIX. 

S  14.  Election  precincts. 

§  15.  Official   ballot. 

§  16.  Election  officers. 

§  17.  General   election   laws   to   govern. 

§  18.  Violation   of   act,    a   felony. 

§  19.  Act   takes   effect   when. 

Creation  of  commission.    Wliat  machines  may  be  used.    Duty  of  secretary 

of  state.     Approval.     Expenses  of  commission. 

Section  1.  1.  The  governor,  secretary  of  state  and  attorney-general, 
and  their  successors  in  office  are  hereby  created  and  constituted  the  state 
commission  on  voting  or  ballot  machines.  It  shall  be  the  duty  of  said 
commissioners  to  examine  all  voting  or  ballot  machines  which  may  be 
offered  for  their  inspection  in  order  to  determine  whether  such  machines 
comply  with  the  requirements  of  this  act,  and  can  safely  be  used  by 
voters  at  elections  under  the  provisions  of  this  act;  and  no  machine  or 
machines  shall  be  provided  by  the  board  of  supervisors,  or  other  board 
having  charge  and  control  of  elections  in  each  of  the  counties,  and  cities 
and  counties,  cities  or  towns  of  the  state,  unless  the  said  machine  or 
machines  shall  have  received  the  approval  of  a  majority  of  said  com- 
mission as  herein  provided. 

2.  Any  machine  or  machines  which  shall  have  the  approval  of  a  major- 
ity of  said  commission  may  be  provided  for  use  at  elections  by  the 
boards  authorized  so  to  do  under  the  provisions  of  this  act.  The  report 
of  said  commission  on  each  and  every  kind  of  voting  or  ballot  machine 
shall  be  filed  with  the  secretary  of  state  within  thirty  days  after  their 
examination  of  said  machines,  and  the  secretary  of  state  must  within 
five  days  after  the  filing  of  any  report  approving  any  machine  or  ma- 
chines, transmit  to  the  boards  of  supervisors  or  other  boards  having 
charge  and  control  of  elections  in  each  of  the  counties  and  cities  and 
counties,  cities  or  towns  of  the  state,  a  list  of  the  machines  so  approved. 

3.  No  machine  or  machines  shall  be  used  unless  such  machine  or 
machines  shall  have  received  the  approval  of  the  state  commission  at 
least  ninety  days  prior  to  any  election  at  which  such  machine  or  ma- 
chines are  to  be  used. 

4.  For  carrying  out  the  provisions  of  this  act  the  members  of  the  state 
commission  under  this  act  shall  be  allowed  their  actual  necessary  ex- 
penses. 

Supervisors  may  provide  and  require  use  of  voting-machines. 

See.  2.  The  board  of  supervisors,  or  other  board  having  charge  and 
control  of  elections  in  each  of  the  counties,  and  cities  and  counties,  cities 
or  towns  of  the  state,  may  at  any  regular  meeting,  or  at  any  special 
meeting  called  for  the  purpose,  provide  for  and  require  the  use  of  a 


ELECTIONS.  1815 

voting  or  ballot  machine,  or  machines  for  receiving  and  registering  the 
vote  at  any  or  all  elections  held  in  such  county,  city  and  county,  city  or 
town,  respectively,  or  in  any  one  or  more  precincts  thereof,  and  every 
such  board  of  supervisors,  or  other  board  having  charge  and  control  of 
elections  in  each  of  the  counties,  and  cities  and  counties,  cities  or  towns 
of  the  state,  may  determine  upon  and  require  the  use  of  voting  or  ballot 
machines  at  any  and  all  elections  to  be  held  within  such  county,  city  and 
county,  city  or  town  of  the  state,  or  in  one  or  more  precincts  thereof, 
and  thereupon  the  voting  or  ballot  machine  or  machines  so  determined 
upon  and  required  shall  be  used  in  voting  for  all  public  officers  to  be 
voted  for  by  the  voters  of  such  counties,  cities  and  counties,  cities  or 
towns  of  the  state,  or  in  the  precinct  or  precincts  thereof,  for  which 
the  same  shall  have  been  so  determined  upon  and  required,  and  also  in 
voting  upon  all  amendments  to  the  constitution,  and  upon  all  laws  or 
propositions  or  questions  which  may  be  lawfully  submitted  to  such 
voters,  and  for  receiving  and  registering  the  votes  cast  at  any  and 
every  such  election. 

Joint  ownership. 

Sec.  3.  In  purchasing  the  necessary  voting  or  ballot  machines  to  be 
used  at  elections,  as  herein  provided,  the  boards  of  supervisors  of  the 
several  counties,  and  the  legislative  bodies  of  the  incorporated  cities  and 
towns  therein,  may,  by  agreement,  entered  into  by  said  board  of  super- 
visors and  the  legislative  body  of  any  incorporated  city  or  town  in  such 
county,  provide  for  the  joint  purchase  and  subsequent  ownership  thereof, 
and  for  the  care,  maintenance  and  use  of  the  same. 

Requirements  of  machine. 

Sec.  4.  No  voting  or  ballot  machine  shall  be  approved  by  the  said 
board  unless  the  same  be  so  constructed  as  to  provide  facilities  for 
voting  for  the  candidates  of  as  m.any  different  parties  or  organizations 
as  may  make  nominations  for  office  and  for  and  against  as  many  differ- 
ent propositions  or  amendments  as  may  be  submitted;  nor  shall  any  such 
machine  be  approved  unless  the  same  will  permit  a  voter  to  vote  for  any 
person  for  any  office;  it  must  enable  the  voter  to  vote  and  select  a 
ticket  all  from  the  nominees  of  one  party  or  a  ticket  selected  in  part 
from  the  nominees  of  one  party  and  in  part  from  the  nominees  of  any 
or  all  other  parties,  and  in  part  from  independent  nominations,  or  in 
part  or  in  whole  of  the  names  of  persons  not  nominated  by  any  narty 
or  upon  any  independent  ticket;  such  machines  must  also  secure  to  the 
voter  privacy  and  secrecy  in  the  act  of  voting;  such  machines  must  also 
be  so  constructed  that  a  voter  cannot  vote  for  a  candidate  or  a  prop- 
osition or  amendment  for  whom  or  on  which  he  is  not  lawfully  entitled 


1816  APPENDIX, 

to  vote,  also  to  prevent  votiug  for  more  than  one  person  for  the  same 
office,  except  in  cases  where  the  voter  is  lawfully  entitled  to  vote  for 
more  than  one  person  for  the  same  office,  in  which  event  they  must 
enable  the  voter  to  vote  for  as  many  persons  for  that  office  as  he  is  by 
law  entitled  to  vote,  and  no  more;  they  must  also  prevent  his  voting 
more  than  once  for  the  same  person  for  the  same  office;  and  allow  of 
his  reversing  his  vote  in  case  of  mistake  or  desire  to  change;  and  such 
machines  must  be  so  constructed  that  all  votes  cast  for  any  person 
voted  for,  or  for  or  against  any  proposition  or  amendment  submitted  to 
the  voters  shall  be  accurately  registered  or  recorded,  and  any  machine 
to  be  approved  by  said  board  must  be  of  such  kind,  style  or  pattern  as 
will  permit  the  exercise  by  each  voter  of  the  full  right  and  privilege  of 
his  elective  franchise  under  the  constitution  and  laws  of  this  state. 

Number  of  machines  to  be  supplied. 

Sec.  5,  The  board  of  supervisors  or  other  board  having  charge  and 
control  of  elections  adopting  a  voting  or  ballot  machine  shall,  as  soon 
as  practicable  thereafter,  provide  for  such  polling  place  or  places,  as 
they  may  determine,  one  or  more  voting-machines  in  complete  working 
order  and  also  such  other  accessories  as  may  be  required  for  the  prac- 
tical working  of  the  machine  and  shall  thereafter  preserve  and  keep  the 
machines  in  repair,  and  shall  have  the  custody  of  the  furniture  and 
equipment.  If  it  shall  be  impracticable  to  supply  each  and  every  elec- 
tion district  with  a  voting  or  ballot  machine  or  machines  at  any  election 
following  such  adoption,  as  many  may  be  supplied  as  it  is  practicable 
to  procure,  and  the  same  may  be  used  in  such  election  precincts  within 
the  county,  or  city  and  county,  city,  or  town,  as  the  board  having  con- 
trol may  direct. 

Instructions  to  voters. 

Sec.  6.  All  necessary  stationery  and  instructions  to  voters  shall  be 
delivered  to  the  boards  of  election  of  each  election  precinct  not  later 
than  twenty-four  hours  next  preceding  the  election. 

Tally-lists. 

Sec.  7.  Tally-lists  shall  be  so  prepared  that  the  results  of  such  elec- 
tion may  be  clearly  and  accurately  set  forth  and  certified  to  by  the 
officers  of  election. 

Duty  of  election  board. 

Sec.  8.  The  precinct  boards  of  election  of  each  precinct  shall  meet 
at  the  polling-place  therein,  at  least  one  hour  before  the  time  set  for 
the  opening  of  the  polls  at  each  election,  and  shall  proceed  to  arrange 
within    the    guard-rail   the    furniture,    stationery,    and    voting   or    ballot 


ELECTIONS.  1817 

machine  for  the  conduct  of  the  election.  The  inspectors  of  election  shall 
then  and  there  have  the  voting  or  ballot  machine,  instructions  to  voters, 
and  stationery  required  to  be  delivered  to  them  for  such  election.  The 
inspectors  shall  thereupon  cause  at  least  two  instruction-cards  to  be 
posted  conspicuously  within  the  polling-place.  If  not  previously  done, 
they  shall  adjust  the  voting  or  ballot  machine  so  as  to  I'ecord  and 
register  the  votes  to  be  cast  at  such  election,  and  adjust  the  registering 
and  recording  device  of  such  machine  so  as  to  start  at  zero,  and  the 
same  shall  be  subject  to  the  inspection  of  the  public  before  the  opening 
of  the  polls. 

Machines  to  "be  in  plain  view. 

Sec.  9.  The  exterior  of  the  voting  or  ballot  machine  and  every  part 
of  the  polling-place  shall  be  in  plain  view  of  the  election  officers  and 
public.  The  voting  or  ballot  machines  shall  be  placed  at  least  three 
feet  from  every  wall  and  partition  of  the  polling-place,  and  at  least 
three  feet  from  the  guardrail.  A  guard-rail  shall  be  constructed  at  least 
three  feet  from  the  machine,  with  openings  to  admit  electors  or  officers 
of  election  to  and  from  the  machine. 

Time  allowed  to  vote.    Vote  in  blank  column. 

Sec.  10.  After  the  opening  of  the  polls,  the  inspectors  shall  not  allow 
any  voter  to  pass  within  the  guard-rail  until  they  ascertain  that  he  is 
duly  entitled  to  vote.  The  operation  of  voting  by  an  elector  while 
voting  shall  be  secret  and  obscured  from  all  other  persons  except  as 
provided  in  cases  of  voting  by  assisted  electors.  No  voter  shall  remain 
within  the  voting  or  ballot  machine  booth  longer  than  two  minutes,  and 
if  he  shall  refuse  to  leave  it  after  the  lapse  of  two  minutes  he  may  be 
removed  by  the  inspectors.  No  vote  cast  in  the  independent  or  blank 
column  shall  be  counted  for  a  person  whose  name  is  printed  upon  the 
ballot  or  face  of  the  machine  as  a  candidate  for  the  same  office  for 
which  he  is  voted  in  the  independent  or  blank  column.  [Amendment. 
Approved  March  15,  1907;  Stats.  1907,  p.  288.] 

Declaration  of  result. 

Sec.  11.  As  soon  as  the  polls  of  the  election  are  closed  the  inspectors 
of  election  thereat  shall  immediately  lock  the  voting  or  ballot  machine 
against  voting,  and,  in  the  presence  and  full  view  of  the  public  who 
may  be  lawfully  within  the  polling-place,  proceed  to  demonstrate  and 
declare  the  result  of  such  election  as  registered  or  recorded  or  received 
by  the  machine.  As  such  result  is  so  ascertained  and  declared  the  clerks 
shall  record  it  and  at  its  completion,  submit  their  records  to  the  in- 
spectors  and  judges  for   examination,  and   if  found   to  be   correct   the 


1818  APPENDIX. 

inspectors  shall  at  once  announce  the  same,  and  make  returns  as  pro- 
vided by  law. 

Duties  of  inspectors.     Opening  machine.    Records.     Contest. 

Sec.  12.  The  inspectors  of  election  shall,  as  soon  as  the  result  is  fully 
ascertained  and  declared,  as  in  the  preceding  section  required,  lock  the 
machine  so  that  the  record  of  each  election  shall  be  preserved  for  the 
period  of  six  months  following  such  election,  except  in  cases  where  the 
machine  is  required  for  use  in  a  subsequent  election  during  such  period, 
in  which  case  the  board  of  supervisors  or  other  board  having  charge  and 
control  of  elections  shall  inspect  the  registering  or  recording  and  re- 
ceiving device  of  the  hiachines  and  file  a  report  of  said  inspection  with 
the  county  clerk  or  registrar  of  voters.  Said  report  of  said  board  when 
so  certified  and  filed  shall  be  prima  facie  evidence  of  the  vote  at  such 
election.  Any  supplementary  or  duplicate  record  of  an  election,  which 
may  be  furnished  by  a  machine,  shall  be  preserved  by  the  county  clerk 
or  registrar  of  voters  for  one  year  following  such  election.  Whenever 
either  house  of  the  legislature  shall  by  resolution,  adopted  and  entered 
upon  its  journal,  direct  that  any  standing  or  special  committee  of  such 
house,  shall  be  empowered  to  open  and  examine  any  voting-machine  or 
voting-machines  which  were  used  at  any  election  held  within  six  months 
before  the  passage  of  such  resolution,  the  comrnittee  of  such  house  so 
empowered  and  authorized  shall  have  the  power  and  authority  by  its 
resolution  in  writing  to  order  any  such  machine  or  machines  to  be 
opened,  inspected  or  examined  in  any  manner  which  such  committee  shall 
prescribe.  If  the  opening  of  such  a  machine  or  machines  be  for  the 
purpose  only  of  counting  or  recounting  the  votes  cast  or  registered  at 
said  election  in  a  contest  pending  before  such  house,  then  and  in  such 
event  the  opening  thereof  and  such  count  or  recount  must  be  made  in 
the  presence  of  said  committee,  or  its  sub-committee  duly  designated  by 
its  resolution  in  writing  for  such  purpose.  If  the  opening  of  such 
machine  or  machines  be  for  any  other  purpose  or  for  the  investigating 
of  the  mechanism  and  manner  of  operation  of  a  machine  or  machines, 
or  for  determining  or  reporting  upon  the  mode  of  its  operation,  or  its 
nature  as  a  safe  mechanical  appliance  for  the  receiving  and  registration 
of  the  votes  of  electors,  then  the  committee  must  by  its  resolution  in 
writing  specify  the  person  or  persons  who  are  to  make  such  mechanical 
or  expert  inspection,  and  the  place  where  and  the  time  when  such  in- 
spection is  to  commence,  and  may,  if  it  deem  proper,  limit  the  duration 
of  such  inspection,  and  fix  the  place  where  the  same  is  to  be  made,  and 
state  whether  the  same  is  to  be  made  in  the  presence  of  the  said  com- 
mittee, or  of  its  duly  appointed  sub-committee,  or  of  any  other  person 
or  persons  to  be  named  by  said  committee.     Every  person  employed  or 


ELECTIONS.  1819 

permitted  to  ta]<o  part  in  any  such  inspection  of  snch  a  machine  or 
machines,  or  in  wiiose  presence  said  inspection  occurred,  may  be  required 
to  attend  and  testify  as  a  witness  before  such  committee  if  required, 
and  be  subject  to  the  subpccna  of  such  committee.  If  such  machine  or 
machines  be  opened  under  the  provisions  of  this  section  by  order  of 
such  committee,  the  said  committee,  or  its  sub-committee  duly  appointed, 
shall  immediately  upon  opening  the  doors,  or  the  opening  to  the  dial  or 
place  where  the  votes  thereon  are  registered,  wliich  were  cast  at  the 
last  election,  take  off  in  writing  the  complete  record  of  votes  for  all 
candidates  which  are  recorded  or  registered  upon  or  by  said  machine, 
and  certify  the  same  to  be  true  and  correct,  with  the  date  of  such  cer- 
tificate, and  place  the  same  in  an  envelope,  and  seal  the  same  in  the 
manner  required  for  sealing  election  returns,  and  make  an  indorsement 
upon  the  outside  of  such  envelope  stating  the  number  of  the  machine 
whose  record  is  inclosed,  and  forthwith  file  the  same  with  the  county 
clerk,  or  registrar  of  voters,  of  the  county,  or  city  and  county,  where 
such  election  was  held,  who  shall  receive  and  keep  the  same  with  the 
other  returns  of  the  said  election  in  his  office  for  a  period  of  twelve 
months  from  the  date  of  said  election,  and  such  record  shall  in  any  court 
having  jurisdiction  of  an  election  contest  be  prima  facie  evidence  of 
its  contents  in  any  case  where  the  vote  upon  such  a  machine  or  machines 
might  have  been  recounted  by  the  court  if  such  machine  or  machines 
had  not  been  previously  opened  or  the  result  thereof  in  any  manner 
affected.  Immediately  upon  the  conclusion  of  such  investigation,  exam- 
ination and  inspection  of  such  machine  or  machines,  the  same  shall  be 
again  securely  locked  by  the  clerk,  or  registrar  of  voters,  or  the  said 
committee  or  its  sub-committee,  and  the  keys  thereof  returned  to  the 
officer  entitled  to  possession  of  the  same  under  the  provisions  of  this 
act,  and  shall  not  be  again  opened  except  in  accordance  with  the  pro- 
visions of  this  act.  One  voting-machine  of  each  kind  or  pattern  may 
be  taken  by  such  committee  or  upon  its  order,  and  upon  its  receipt 
therefor,  to  the  city  of  Sacramento,  or  the  state  capital,  and  there  kept 
under  the  directions  of  such  committee,  but  no  such  machine  shall  be 
so  taken  or  transported  without  the  consent  of  the  owner  thereof,  unless 
the  same  be  the  property  of  a  city,  county,  or  city  and  county,  or  other 
political  subdivision  of  the  state.  If  such  committee  shall  permit  such 
a  machine  or  machines  to  be  taken  apart,  then  and  in  such  event  the 
said  committee  shall  cause  the  same  to  be  restored  and  properly  put 
together  again,  before  or  at  the  termination  of  its  investigation,  and 
to  be  returned  by  order  of  such  committee,  and  at  the  expense  of  the 
state,  to  the  place  from  which  it  was  taken.  If  any  such  machine  or 
machines  be  taken  to  Sacramento,  or  the  state  capital,  under  the  pro- 
visions of  this  section,  and  the  legislature  shall  adjourn  sine  die,  with- 


1820  APPENDIX. 

out  such  machine  or  machines  having  been  so  restored  and  returned  by 
such  committee,  then  and  in  such  event  the  secretary  of  state  shall 
forthwith,  upon  such  adjournment,  take  charge  of  such  machine  or 
machines,  aud  cause  the  same  to  be  properly  restored  and  returned  to 
the  place  or  places  respectively  from  which  the  same  were  taken,  and 
the  expense  thereof  shall  be  a  charge  against  the  state,  and  a  written 
demand  therefor,  verified  by  the  secretary  of  state,  must  be  allowed  by 
the  controller  by  his  indorsement  of  allowance  thereon,  and  thereupon, 
upon  presentation,  the  same  shall  be  paid  to  the  secretary  of  state  by 
the  state  treasurer  out  of  any  funds  of  the  state  not  otherwise  appro- 
priated. Any  voting-machine  used  at  an  election  may,  within  six  months 
from  the  date  of  such  election,  in  any  election  contest,  or  action  in  the 
nature  of  quo  warranto  in  any  court  of  this  state  having  jurisdiction 
thereof,  be  opened  by  order  of  such  court  and  in  its  presence,  for  the 
purpose  of  recounting  the  vote  involved  in  such  election  contest,  under 
the  same  rules  and  conditions  that  apply  to  the  opening  of  packages  of 
sealed  ballots  and  the  recounting  of  the  same,  and  must  be  forthwith 
locked  again  as  soon  as  the  result  upon  each  machine  is  tallied,  and  in 
the  presence  of  the  said  court.  [Amendment.  Approved  March  19, 
1907;  Stats.  1907,  p.  644.] 

Misconduct  at  elections.  - 

Sec.  13.  The  provisions  of  the  law  relating  to  misconduct  at  elections 
shall  apply  to  elections  with  voting  or  ballot  machines. 

Election  precincts. 

Sec.  14.  For  any  election  in  any  county,  city  and  county,  city  or 
town,  in  which  voting  or  ballot  machines  are  to  be  used,  the  election 
precincts  in  which  such  machines  are  to  be  used  may  be  created  by  the 
officers  charged  with  the  duty  of  creating  election  precincts,  so  as  to 
contain  not  to  exceed  six  hundred  votes  each. 

Official  ballot. 

Sec.  15.  The  list  of  candidates  used  or  to  be  used  on  the  voting  or 
ballot  machine  shall  be  deemed  an  official  ballot  under  this  act  for  an 
election  precinct  in  which  a  voting  or  ballot  machine  is  used,  pursuant 
to  law.  The  word  "ballot"  as  used  in  this  act  (except  when  reference 
is  made  to  independent  ballots)  means  that  portion  of  the  cardboard, 
or  paper,  or  other  material  within  the  ballot-frames,  containing  the  name 
of  the  candidate  for  office,  or  a  statement  of  a  proposed  constitutional 
amendment,  or  other  question  or  proposition  with  the  word  "For"  or  the 
word  "Against,"  or  "Yes"  or  "No.''' 


iajECTioNs.  1821 

Election  officers. 

Sec.  16.  The  provisiong  of  section  eleven  hunclrod  anr!  forty-two  of 
the  Political  Code  shall  apply  where  voting  or  ballot  machines  are  used. 

General  election  laws  to  govern. 

Sec.  17.  All  laws  and  parts  of  laws  of  this  state  relating  to  elections 
and  prescribing  the  powers  and  duties  of  election  officers,  shall,  so  far 
as  applicable  to  the  use  of  voting  or  ballot  machines,  remain  in  full 
force  and  efifect;  and  all  laws  and  parts  of  laws  inconsistent  herewith, 
shall  not  be  applicable  in  each  county,  city  and  county,  city  or  town 
election  precinct  wherein  such  voting  or  ballot  machines  are  used,  pursu- 
ant to  this  act,  so  long  as  such  voting  or  ballot  machine  or  machines 
shall  be  used  therein,  and  nothing  in  this  act  contained  shall  be  con- 
strued as  repealing  any  existing  law  or  authorizing  any  deviation  or 
omission  therefrom,  except  as  provided  for  or  set  forth  herein. 

Violation  of  act,  a  felony. 

Sec.  18.  Any  willful  violation  of  any  provision  of  this  act  or  any 
willful  injury  to  any  voting  or  ballot  machine  tending  to  injure  its 
effectiveness  or  to  change  the  true  expression  given  by  the  voters  at 
any  election  shall  be  a  felony  and  punishable  as  such,  in  accordance 
with  the  provisions  of  the  Penal  Code  of  the  state. 

Act  takes  effect  when. 

Sec.  19.     This  act  shall  take  effect  immediately. 

An  Act  supplementary  to  an  act  entitled  "An  Act  creating  a  state  com- 
mission on  voting  or  balloting  machines,  defining  their  powers  and  pro- 
viding for  the  use  at  the  option  of  indicated  local  authorities  of  voting 
or  ballot  machines  for  receiving  and  registering  the  vote  in  one  or  more 
precincts  in  any  county  or  city  and  county,  city  or  town,  at  any  or  all 
elections  held  therein,  and  for  ascertaining  the  result  of  such  election; 
providing  for  the  punishment  of  all  violations  of  the  provisions  of  this 
act,"  approved  March  SO,  1903,  and  providing  for  the  testing  and  in- 
spection of  such  machines. 

[Approved  March  19,   1907;    Stats.   1907,  p.  647.] 

§  1.     "Voting-machine  to  be  tested  before  election:   duty  of  county  clerk. 

§  2.      Committee   of   political  party    to   be   notified   of    test.     Eights   of   independent 
candidates. 

§  3.      Penalty. 

§  4.     Act   takes   effect  when. 

Voting-machine  to  be  tested  tefore  election:  duty  of  county  clerk. 

Section  1.  Within  not  more  than  thirty  nor  less  than  twenty  days 
before  the  holding  of  any  election  in  any  county,  city  and  county,  city 


1822  APPENDIX. 

or  town,  at  which  is  to  be  used  voting  or  ballot  machines  adopted  under 
the  provisions  of  the  act  referred  to  in  the  title  of  this  act,  the  county 
clerk  or  other  officer  having  control  of  such  election  in  such  county,  city 
and  county,  city  or  town,  shall  fix  a  day,  which  shall  not  be  more  than 
fifteen  days  nor  less  than  five  days  before  the  date  of  such  election, 
upon  which  the  voting  or  ballot  machines  to  be  used  at  such  election 
shall  be  examined,  tested  and  sealed  as  hereinafter  provided. 

Committee  of  political  party  to  be  notified  of  test.    Eights  of  indepen- 
dent candidates. 

Sec.  2.  At  least  twenty  days  before  an  election  in  any  political  sub- 
division where  voting-machines  are  to  be  used  in  one  or  more  pre- 
cincts, of  sr.ch  subdivision,  under  and  pursuant  to  the  law  of  this  state, 
it  shall  be  the  duty  of  the  board  of  election  commissioners  or  other 
body  having  charge  and  control  of  such  election,  to  notify  in  writing 
by  mail  with  postage  prepaid  the  chairman  or  secretary  of  the  executive 
or  central  committee  of  any  political  party  or  organizations  for  the  ter- 
ritory, which  may  have  made  nominations  of  candidates  to  be  voted  for 
at  such  election,  that  it  may  appoint  representatives  of  such  political 
party  who  shall  be  authorized  to  attend  and  observe  the  final  adjust- 
ment, testing  and  sealing  of  such  ballot-machines,  and  thereupon  it  shall 
be  the  right  of  such  committee  to  appoint  as  many  representatives  as 
it  may  see  fit  to  select  for  such  purpose,  and  to  issue  certificates  of  such 
appointment  to  such  representatives  by  the  secretary  of  such  com- 
mittees, respectively,  which  shall  forthwith  send  a  list  of  such  repre- 
sentatives with  the  name  of  the  political  party  or  organization  for  which 
they  are  selected,  and  the  name  of  each  representative  with  his  fall 
address,  adding  street  and  number,  to  the  said  board  of  election  com- 
missioners or  other  body  having  charge  and  control  of  such  election. 
If  any  political  party  or  organization  which  has  made  nominations  shall 
not  have  any  chairman  or  secretary  of  such  committee,  or  the  name 
and  address  of  such  chairman  or  secretary  shall  not  appear  in  its  nom- 
ination papers,  then  the  said  election  commissioners  may  send  the  notice 
above  required  to  any  person  named  in  its  nomination  papers  as  the 
person  to  whom  the  certificate  of  nomination  may  be  returned.  Such 
board  of  election  commissioners  shall  thereafter,  and  at  least  five  days 
before  the  time  therefor,  send  written  notice  with  postage  prepaid  to 
each  such  representative  of  a  political  party  or  organization  which  lias 
so  been  filed  in  its  office,  with  the  address  of  such  representative;  which 
notice  shall  state  the  time  and  place  before  such  election  where  such 
representatives  are  invited  to  attend,  to  observe  the  final  adjustment, 
testing  and  sealing  of  such  voting-machines,  and  thereafter  at  such  time 
and  place  the  final  adjustment,  testing  and  sealing  of  such  voting- 
machines    under  the  directions  of  such  board  of  election  commissioners. 


ELECTIONS.  1823 

shall  proceed  in  the  presence  of  as  many  of  said  representatives  as  shall 
assemble  to  observe  and  view  the  same,  a  full  and  complete  opportunity 
shall  then  and  there  be  given  to  such  representatives  to  observe  the 
processes  by  which  such  adjustment,  testing  and  sealing  is  performed, 
and  to  see  that  the  said  machines  are  set  at  zero,  and  without  any  vote 
registered  thereon  for  the  advantage  of  any  party  or  candidate  or  other- 
wise. When  the  said  machines  are  so  scaled  they  shall  not  be  unsealed 
again,  except  by  the  precinct  election  board  on  the  day  of  election  and 
except  for  trial  as  to  their  correctness  after  transportation  to  the  various 
booths  or  polling-places,  at  which  places  such  trial  may  be  made  as  the 
board  of  election  commissioners  or  body  having  control  of  the  elections 
sliall  direct,  to  see  if  any  machine  has  become  in  any  way  disarranged 
during  transportation  to  the  polling-place,  and  a  seal  necessary  to  sueh 
Investigation  may  be  broken  or  any  work  performed  that  may  be  neces- 
sary to  put  any  machine  in  any  such  polling-place  in  complete  wjrking 
order  for  such  election,  and  the  representatives  aforesaid  shall  have  the 
right  to  attend  at  any  and  all  polling-places  for  the  purpose  of  viewing 
and  observing  any  such  unsealing  arrangement  and  resealing,  which  final 
work  shall  take  place  not  later  than  the  day  before  the  election,  nor 
earlier  than  the  third  day  before  the  election.  If  independent  candi- 
dates are  nominated,  and  no  chairman  or  secretary  is  named  in  the 
certificate  of  nomination,  then  such  candidate,  or  candidates,  shall  be 
notified  as  herein  specified,  and  may  attend,  or  appoint  representatives 
to  attend,  with  all  the  rights  and  privileges  provided  for  by  this  act. 

It  shall  be  the  duty  of  the  board  of  election  commissioners,  or  other 
body  having  charge  and  control  of  such  election,  to  notify  in  writing 
by  mail  with  postage  prepaid,  the  chairman  or  secretary  of  any  of  the 
executive  or  central  committee  of  any  political  party  or  organization 
hereinbefore  referred  to,  and  any  independent  candidate  or  candidates 
hereinbefore  referred  to,  of  the  time  when  the  final  inspection,  adjust- 
ment, testing  and  sealing  of  such  voting  or  ballot  machines  will  com- 
mence at  the  polling-places,  and  of  the  place  or  places  from  which  the 
inspectors  will  start  in  the  performance  of  such  duty,  and  that  the  rep- 
resentatives appointed  pursuant  to  this  act  or  such  independent  candi- 
date or  candidates,  may  attend  as  provided  by  this  act.  Such  notices 
shall  be  so  mailed  not  less  than  three  days  before  the  time  named  for 
commencing  such  final  inspection. 

Penalty. 

Sec.  3.  Any  person  violating  any  provision  of  this  act  shall  be  gnilty 
of  a  misdemeanor  and  punishable  by  a  fine  of  not  more  than  five  hundred 
dollars  or  imprisonment  of  not  more  than  six  months,  or  both. 

Act  takes  effect  when. 

Sec.  4.     This  act  shall  take  effect  immediately. 


1824  APPENDIX. 

An  Act  to  prohibit  "piece  clubs,"  and  to  prevent  extortion  from  candidates 
for  office. 
[Approved  March  14,  1878;   Stats.  1877-78,  p.  236.] 
Code  commissioner's  note.     The  code  commissioner  says  of  this  act,  that  it  is 
modified,  if  not  repealed,  by  the  Purity  of  Elections  Act. 


FIRE  DEPARTMENT. 

An  Act  to  amend  an  act  entitled  an  act  to  amend  an  act  to  allow  unhi-! 
corporatcd  towns  and  villages  to  equip  and  maintain  a  fire  department, 
and  to  assess  and  collect  taxes  from  time  to  time  for  such  purpose,  and 
to  create  a  board  of  fire  commissioners,  approved  March  4,  1881;  amended 
March  6,  1899. 

[Approved  April  21,  1909;    Stats.   1909,  p.   1028.] 
The  act  of  1881    (Stats.   1881,  p.  26)    was  amended  in  its  entirety  hy  the  act 
of  1899    (Stats.  1899,  p.  69),  which,  in  turn,  was  subjected  to  an  entire  amend- 
ment in  the  present  act  of  1909. 

§     1.     Fire    departments   in    unincorporated   towns. 

§     2.      Appointment   of    commissioners. 

§     3.     Powers   and   duties   of   commissioners. 

§    4.     Tax   elections,   how   called. 

§     5.     What    notice    must    specify, 

§    6.      Conduct   of   elsction. 

§     7.     Ballots. 

§     8.     Returns. 

§    9.      Tax   levy. 

§  10.     Moneys   arising   from   tax. 

§  11.     Treasurer  receives  no  compensation. 

§  12.     Purchase   of   fire-hose,   etc. 

§  13.     Eecordbooks. 

S  14.     Audit   of  bills. 

§  15.     Compensation  of  officers. 

I  16.     Vacancies. 

§  17.      Annual    elections. 

§  18.      Returns. 

§  19.      Succession. 

§  20.     Act  to  be  liberally  construed. 

S  21.     Regulation  of   chimneys,   etc. 

§  22.     Fire    ordinances. 

§  23.      Misdemeanor. 

§  24.     Prosecutions. 

§  25.     Repeal   of   prior   acts. 

S  26.     Act  takes  efifect  when. 


FIRE   DEPARTMENT.  1825 

Fire  departments  In  unincorporated  towns. 

Section  1,  Any  unincorporated  town  or  village  of  this  state  may 
equip  and  maintain  a  fire  department  for  the  purpose  of  protecting  prop- 
erty from  destruction  by  fire. 

Appointment  of  commissioners. 

Sec.  2.  Upon  the  application,  by  petition,  of  fifty  or  more  taxpayers 
and  residents  of  said  town  or  village  to  the  board  of  supervisors  of  the 
county  in  which  said  town  or  village  is  situated,  the  said  board  of 
supervisors  shall  appoint  three  commissioners,  to  be  known  as  and  called 
a  board  of  fire  commissioners,  of  the  town  or  village  for  which  they  are 
appointed,  who  shall  hold  their  office  until  the  second  Monday  in  April 
next  thereafter,  and  until  their  successors  are  elected  and  qualified. 

Powers  and  duties  of  commissioners. 

Sec.  3.  The  board  of  fire  commissioners  so  appointed  by  said  board 
of  supervisors,  and  their  successors,  shall  be  authorized  and  empowered, 
and  it  shall  be  their  duty: 

1.  To  fix  and  establish  the  fire  limits  of  said  town  or  village,  and  shall 
accurately  describe  the  same,  in  writing  by  metes  and  bounds  and  file  a 
copy  thereof,  subscribed  by  them,  in  the  office  of  the  county  recorder 
of  the  county  in  which  said  town  or  village  is  situated; 

2.  To  make  all  contracts  with  water  companies  for  a  supply  of  water, 
and  attaching  hydrants  or  fire-plugs  to  the  pipes,  or  conduits,  or  cisterns 
of  such  water  company;  to  make  contracts  for  and  to  purchase  the  en- 
gines, hose,  hose  carts  of  carriages,  and  other  appliances  for  the  full 
equipment  of  a  fire  company  or  department; 

3.  To  call  an  election  and  to  submit  to  the  electors  residing  within 
said  fire  limits  fixed  by  them,  the  question  whether  a  tax  shall  be 
levied  and  raised  for  the  purpose  of  establishing  and  equipping  a  fire 
department  for  the  said  town  or  village,  and  for  protecting  the  same 
from  loss  by  fire; 

4.  In  the  event  of  the  establishment  and  equipment  of  a  fire  depart- 
ment in  any  unincorporated  town  or  village,  as  provided  for  in  this  act, 
the  board  of  fire  commissioners  are  hereby  directed  and  empowered,  and 
it  shall  be  their  duty,  to  estimate  and  determine  the  annual  amount  of 
money  required  for  the  maintenance  of  said  fire  department  for  the  en- 
suing fiscal  year,  and  shall  report  the  same  to  the  board  of  supervisors 
of  the  county  in  which  said  fire  district  is  located  not  later  than  the 
first  day  of  July  of  each  year; 

5.  To  appoint  judges,  not  less  than  three,  and  other  officers,  to  con- 
duct such  election,  and  to  issue  certificates  of  election; 


1826  APPENDIX. 

6.  To  do  and  perform  such  other  acts  and  things  as  may  be  proper 
and  necessary  to  carry  out  the  full  intent  and  meauiug  of  this  act. 

Tax  elections,  how  called. 

Sec.  4.  Said  election  must  be  called  by  posting  notices  in  three  of 
the  most  public  places  in  said  town  or  village,  for  not  less  than  ten 
days,  and  also,  if  there  is  a  newspaper  printed  and  published  in  the 
town  or  village,  by  advertising  such  notice  therein  at  least  two  regu- 
lar issues  of  the  paper. 

What  notice  must  specify. 

Sec.  5.  Such  notice  must  specify  the  time  and  place  for  holding  the 
election,  and  the  amount  required  for  the  establishment  and  equipment 
of  said  fire  department,  and  the  amount  of  money  to  be  raised  for  such 
purpose  shall  not  exceed  in  any  one  year  one  per  cent  of  the  assessable 
property  within  the  fire  limits,  as  fixed  by  the  board  of  supervisors; 
provided,  that  the  amount  to  be  raised  for  the  maintenance  of  said  fire 
department  each  year  shall  not  exceed  one  half  of  one  per  cent  of  the 
assessable  property  within  the  fire  limits  as  fixed  by  the  board  of  fire 
commissioners. 

Conduct  of  election. 

Sec.  6.  The  board  of  fire  commissioners  must  appoint  three  judges 
and  two  clerks  to  conduct  the  election  and  it  must  be  held  in  all  re- 
spects as  nearly  as  practicable  in  conformity  with  the  general  election 
law;  provided,  that  no  new  register  shall  be  required,  nor  legal  ballot 
paper;  and  provided  further,  that  the  polls  may  be  opened  at  eight 
o'clock  a.  m.  and  close  at  five  o'clock  p.  m.  on  the  day  appointed  for 
such  election. 

Ballots. 

See.  7.  At  such  election  the  ballots  must  contain  the  words  ''Tax — 
Yes"  or  "Tax — No." 

Returns. 

Sec.  8.  The  judges  of  the  election  shall,  within  twenty-four  hours 
after  holding  said  election,  make  returns  and  certify  to  the  board  of 
fire  commissioners  said  votes,  showing  the.  number  of  votes  cast,  and 
the  number  of  votes  in  favor  of,  and  the  number  of  votes  against  the 
matter  voted  upon. 

Tax  levy. 

Sec.  9.  The  board  of  supervisors  must,  at  the  time  of  levying  the 
county  taxes,  levy  a  tax  upon  all  the  taxable  property  within  the  fire  limits 
of  the  unincorporated  town  or  village  authorizing  such  tax  sufficient  to 


FIRE   DEPARTMENT.  1827 

raise  the  amount  authorized.  The  rate  of  taxation  shall  be  ascertained 
by  deducting  fifteen  per  cent  for  anticipated  delinquencies  from  the 
aggregate  assessed  value  of  the  property  in  the  district,  as  it  appears  on 
the  assessment-roll  of  the  county,  and  then  dividing  the  sum  authorized 
by  the  remainder  of  such  aggregate  assessed  value.  The  taxes  so  levied 
shall  be  computed  and  entered  on  the  assessment-roll  of  the  county 
auditor  and  collected  at  the  same  time  and  in  the  same  manner  as  the 
state  and  county  taxes,  and  when  collected  shall  be  paid  into  the  county 
treasury  for  the  use  of  the  district  in  which  the  tax  was  authorized. 

Moneys  arising  from  tax. 

Sec.  10.  All  moneys  arising  from  the  tax  herein  authorized  to  be 
levied  and  collected  shall  be  kept  by  the  treasurer  of  the  county  in 
which  said  town  or  village  is  situated  subject  only  to  the  order  of  said 
board  of  fire  commissioners  of  said  town  or  village  authorizing  said 
tax. 

Treasurer  receives  no  compensation. 

See.  11.  The  treasurer  shall  receive  no  compensation  for  the  receipt 
and  disbursement  of  moneys  derived  under  the  provisions  of  this  act. 

Purchase  of  fire-hose,  etc. 

Sec.  12.  The  board  of  fire  commissioners  are  hereby  directed  and  em- 
powered to  make  all  necessary  arrangements  for  the  purchase  of  rights 
of  ma-king  connections  with  the  pipes  of  water  companies  for  fire-plugs 
or  hydrants,  in  such  part  of  the  town  or  village  as  they  shall  deem  best 
for  the  common  interest,  and  also  for  purchasing  fire-hose  and  carriages, 
subject,   however,  to   the  provisions  hereinbefore   contained. 

Record-books. 

Sec.  13.  They  shall  procure  all  necessary  books  and  blanks  for  the 
purpose  of  keeping  a  correct  record  of  their  proceedings;  and  they  shall 
keep  a  record  of  all  their  acts,  of  all  moneys  received  and  disbursed  by 
them,  which  said  books  shall  be  open  to  public  inspection  at  all  times. 

Audit  of  bills. 

Sec.  14.  All  accounts,  bills,  and  demands  against  the  fire  depart- 
ment shall  be  audited,  allowed,  and  paid  by  the  board  of  fire  commis- 
sioners by  warrants  drawn  on  the  county  treasurer,  and  the  county  treas- 
urer shall  pay  the  same  in  the  order  in  which  they  are  presented. 

Compensation  of  officers. 

Sec.  15.  No  officer  or  officers  created  by  this  act  shall  receive  any 
compensation  for  his  or  their  services. 


1828  APPENDIX. 

Vacancies. 

Sec.  16.  In  case  of  a  vacancy  of  any  or  all  of  the  members  of  the 
board  of  fire  commissioners,  after  election  had,  by  death,  resignation 
or  otherwise,  such  vacancy  shall  be  filled  by  appointment  by  the  board 
of  supervisors  of  the  county  in  which  said  vacancy  may  happen. 

Annual  elections. 

Sec.  17.  An  election  shall  be  held  annually,  on  the  first  Monday  or 
April,  for  the  election  of  three  fire  commissioners,  who  shall  take  their 
office  on  the  next  succeeding  Monday  in  the  same  month;  and  it  shall 
be  the  duty  of  the  board  of  fire  commissioners  to  give  notice  of  such 
elections  by  posting  notices  thereof  in  three  public  places  in  the  town, 
for  at  least  two  weeks  before  the  day  of  election.  They  shall  also  ap- 
point the  judges  of  election. 

Returns. 

Sec.  18.  The  judges  of  election  shall,  within  twenty-four  hours  after 
holding  said  election,  make  returns  and  certify  said  votes,  and  the  names 
of  the  person  or  persons  voted  for,  to  the  said  board  of  fire  commis- 
sioners, and  within  five  days  after  the  returns  have  been  received  by 
the  board  of  fire  commissioners  they  shall  count  the  votes,  determine 
who  has  been  elected,  and  forthwith  issue  certificates  of  election  to  the 
persons  elected. 

Succession. 

Sec.  19.  Each  board  of  fire  commissioners  shall  at  the  expiration  of 
their  term  of  office,  turn  over  to  their  successors  all  the  books  and  docu- 
ments belonging  to  the  office  of  said  board  of  fire  commissioners,  tak- 
ing their  receipt  therefor. 

Act  to  be  liberally  construed. 

Sec.  20.  No  assessment  or  act  relating  to  assessment  or  collection  of 
taxes,  or  elections  held  under  the  provisions  of  this  act,  shall  be  illegal, 
void,  or  voidable  on  account  of  any  error,  omission,  or  informality,  or 
failure  to  comply  strictly  with  the  provisions  of  this  act,  nor  on  ac- 
count of  any  misnomer;  but  the  sam«  shall  be  liberally  construed,  with 
a  view  to  hold  valid  all  acts  done  under  this  act. 

Regulation  of  chimneys,  etc. 

Sec.  21.  The  said  board  of  fire  commissioners  may  regulate  the  con- 
struction of,  and  order  the  suspension,  discontinuance,  removal,  repair, 
or  cleaning  of,  fireplaces,  chimneys,  stove  and  stovepipes,  fines,  ovens, 
boilers,  kettles,  forges,  or  any  apparatus  used  in  any  building,  manu- 
factory, or  business,  which  may  be  dangerous  in  causing  or  promoting 


FIRE   DEPARTMENT.  1829 

fires,  and  prescribe  limits  within  which  no  dangerous  nor  obnoxious  and 
offensive  business  may  be  carried  on. 

Fire  ordinances. 

Sec.  22.  They  may  adopt  such  ordinance,  within  the  purview  of  the 
preceding  section,  as  they  may  deem  proper  to  prevent  fires  and  con- 
flagrations, and  for  the  protection  of  property  at  and  during  the  pen- 
dency of  any  fire,  and  for  that  purpose  may  provide  that  at  and  during 
the  pendency  of  any  fire  the  officers  of  the  fire  company  or  companies 
present  shall  be  vested  with  police  powers.  Such  ordinances  shall  be 
signed  by  the  said  fire  commissioners,  and  published  in  a  newspaper 
printed  in  said  town  or  village,  or  posted  in  three  of  the  most  public 
places  thereof,  for  the  period  of  two  weeks,  at  the  end  of  which  time 
it  shall  be  and  become  a  law  for  the  government  of  the  inhabitants  of 
said  town  or  village. 

Misdemeanor. 

Sec.  23.  Any  person  who  shall  violate  any  of  the  provisions  of  said 
ordinance  shall  be  guilty  of  misdemeanor. 

Prosecutions. 

Sec.  24.  Any  justice  of  the  peace  within  the  townships  within  which 
said  town  or  village  is  situated  shall  have  jurisdiction  of  all  prosecu- 
tions under  this  act,  and  sections  fourteen  hundred  and  twenty-six  to 
fourteen  hundred  and  forty-nine,  both  inclusive,  title  nine,  chapter  one, 
of  the  Penal  Code,  are  hereby  made  applicable  to  proceedings  under 
this  act. 

Repeal  of  prior  acts. 

Sec.  25.  All  acts  or  parts  of  acts,  so  far  as  they  do  conflict  with  the 
provisions  hereof,  are  hereby  repealed. 

Act  takes  effect  when. 

See.  26.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 


1830  APPENDIX. 

An  Act  authonsing  and  requiring  hoards  or  commissions  having  the  man- 
agement and  control  of  paid  fire  departments,  to  grant  the  membei-.' 
thereof  yearly  vacations. 

[1.  Approved  March  26,  1895;  Stats.  1895,  p.  76.  2.  Amended,  becoming  a  law, 
under  constitutional  provision,  without  governor's  approval,  March  4,  1899; 
Stats.   1899,  p.  57.      3.   Amended  March  3,  1905;   Stats.   1905,  p.  39.] 

Vacations  for  memljers. 

Section  1.  In  every  city  or  city  and  county  of  this  state  where  there 
is  a  regularly  organized  paid  fire  department,  the  board  of  supervisors, 
common  council,  commissions  or  other  body  having  the  management  and 
control  of  the  same  are  authorized  and  required  once  in  every  year  to 
provide  for  each  regular  or  permanent  member  thereof,  a  leave  of  ab- 
sence from  active  duty  of  not  less  than  five,  nor  more  than  fifteen  days, 
in  each  year  and  in  addition  thereto  a  leave  of  absence  from  active  duty 
of  four  days  in  every  month  of  such  service.  Leave  of  absence  so  granted, 
as  aforesaid,  must  be  arranged  by  said  board  of  [or]  eom.missious,  so 
as  not  *o  interfere  with  or  [in]  any  way  impair  the  efficiency  of  the 
said  department;  no  deduction  must  be  made  from  the  salary  or  pay  of 
any  member  of  such  fire  department  granted  such  leave  of  absence  in 
[under]  the  provisions  of  this  act.  [Amendment.  Approved  March  3, 
1905;  Stats.  1905,  p.  39.] 

Act  takes  effect  when. 

Sec.  2.     This   act   shall   take   effect  immediately. 


An  Act  to  authorize  the  hoard  of  supervisors  or  other  governing  authority 
of  the  several  counties,  cities  and  counties,  cities,  and  towns  of  the  state 
to  provide  pensions  or  benefits  for  the  relief  of  aged,  infirm,  or  disabled 
firemen. 

[1.  Approved  March  11,  1889;  Stats.  1889,  p.  108.  2.  Amended  March  23,  1901; 
Stats.   1901,  p.  575.] 

§  1.     Pensions  for  aged,  infirm,  or  disabled  firemen. 

§  2.     Qualifications  of  beneficiaries  under  this  act.     Amount  of  pension.     Exception. 

§  3.     Act  takes  effect  when. 

Pensions  for  aged,  infirm,  or  disabled  firemen. 

Section  1.  The  board  of  supervisors,  or  other  governing  authority  of 
the  several  counties,  cities  and  counties,  cities  and  towns  of  the  state 
in  which  fire  departments  exist,  shall,  upon  the  written  petition  of  a 
majority  of  the  lawfully  registered  electors  of  any  such  political  division 
respectively,  by  appropriate  ordinances,  provide  a  fund  by  general  tax 
upon  the   property   of  the   county,   city   and   county,   city,   or   town,  for 


VliiE   DEPARTMENT.  1831 

the  relief  of  aged,  infirm,  or  disabled  firemen;  provided,  that  such  dis- 
ability shall  be  caused  by  exposure  while  in  the  discharge  of  such  duty. 
[Amendment.     Approved"  March  23,   1901;   Stats.   1901,  p.  575.] 

Qualifications  of  beneficiaries  under  this  act.     Amount  of  pension.     Ex- 
ception, 

Sec.  2.  No  person  shall  be  entitled  to  any  benefits  from  any  fund 
created  by  authority  of  this  act,  udIcss  he  shall  have  served  as  an  active 
member  in  the  fire  department  of  such  county,  city  and  county,  city,  or 
town,  at  least  fifteen  years,  and  any  person  having  served  in  the  fire 
department  of  such  county,  city  and  county,  city,  or  town,  at  least 
fifteen  years,  may  make  application  to  be  placed  on  the  retired  list  of 
such  fire  department,  and  he  shall  receive  the  sum  of  not  more  than 
twenty-five  (25)  dollars  and  not  less  than  fifteen  (15)  dollars  per 
month,  to  be  paid  out  of  said  fund,  and  those  members  of  a  fire  de- 
partment who  have  been  paid  a  stipulated  salary,  having  served  fifteen 
years  in  such  fire  department,  shall  receive  an  amount  equal  to  one  half 
of  the  salary  provided  by  law  at  the  time  of  such  retirement;  provided, 
that  any  person  injured  in  the  actual  discharge  of  fire  duty  shall  be 
entitled  to  the  benefits  of  this  act  regardless  of  his  length  of  service  in 
the  fire  department  of  any  such  county,  city  and  county,  city,  or  town. 
[Amendment.     Approved  March  23,  1901;  Stats.  1901,  p.  575.] 

Act  takes  effect  when. 

Sec.  3.     This  act  shall  take  effect  from  and  after  its  passage. 


An  Act  to  provide  for  increasing  the  efficiency  of  fire  departments  within 
municipalities  of  the  first  class  in  the  state  of  California. 
[Approved  March  4,   1897;    Stats.   1897,  p.   61.] 
§  1.     Providing   for   organization   of    fire   department.     Purchase   of   apparatus,    etc. 
§  2.      Control   of   appointees. 
§  3.      City    council,    defined. 
§  4.      Act   takes   effect   when. 

Providing  for  organization  of  fire  department.    Purchase  of  apparatus, 

etc. 

Section  1.  Whenever  the  public  interest,  safety,  or  convenience  may 
require,  or  it  be  deemed  expedient,  the  city  council  of  any  municipality 
of  the  first  class  may,  by  ordinance,  make  and  enforce  such  rules  and 
regulations  within  said  municipality  as  may  be  necessary  or  proper  for 
increasing  the  efficiency  of  its  fire  department,  and  to  that  end,  among 
other  things,  may  provide  for  and  authorize  the  appointment  and  con- 
tinued   employment   of   such    officers,    engineers,   members,   firemen,    em- 


1832  APPENDIX. 

ployees,  and  other  help  in  and  for  said  fire  department,  in  addition  to 
those  whose  employment  is  now  or  may  be  hereafter  authorized  by  law, 
as  the  needs  of  said  department  may  require;  and  may  fix  their  salaries 
and  compensation,  and  may  increase  the  salaries  and  compensation  of 
the  officers,  engineers,  members,  firemen,  employees,  and  other  help  now 
or  hereafter  authorized  by  law,  whose  salaries  and  compensation,  as 
now  or  hereafter  fixed,  may  be  deemed  inadequate.  And  said  city 
council  may  in  like  manner  provide  for  the  purchase  and  repair,  and 
authorize  to  be  purchased  and  kept  in  repair,  in  addition  to  those  for 
the  purchase  and  repair  of  which  provision  is  now  or  may  be  hereafter 
made  by  law,  all  additional  engines,  horses,  •  hook-and-ladder  wagons, 
and  all  such  other  engines,  machinery,  implements,  extinguishers,  and 
other  apparatus  that  may  be  necessary,  advantageous,  or  auxiliary,  to 
extinguish  or  afford  adequate  protection  against  fire.  And  in  order  to 
provide  the  necessary  funds  with  which  to  accomplish  the  foregoing 
ends,  may  make  all  necessary  and  supplementary  appropriations,  allow- 
ances, and  payments  in  addition  to  those  now  or  hereafter  authorized  by 
law. 

Control  of  appointees. 

Sec.  2.  The  officers,  engineers,  members,  firemen,  employees,  and  other 
help  to  be  appointed  as  provided  in  section  one  of  this  act,  shall  be 
appointed,  governed,  and  controlled  in  the  same  manner  and  by  the  same 
laws  as  their  fellow-officers,  engineers,  members,  firemen,  employees, 
and  other  help  whose  appointment  is  now  or  may  be  hereafter  author- 
ized by  law  are  appointed,  governed,  and  controlled.  The  engines, 
wagons,  machinery,  implements,  extinguishers,  and  other  apparatus,  the 
purchase  and  repair  of  which  are  authorized  by  section  one  of  this  act, 
shall  be  purchased  and  repaired  in  like  manner  and  under  the  same  regu- 
lations as  like  articles,  the  purchase  and  repair  of  which  are  now  or 
may  be  hereafter  authorized  by. law  are  purchased  and  repaired. 

City  council,  defined. 

Sec.  3.  The  term  "city  council"  as  used  in  this  act  is  hereby  declared 
to  include  any  body  or  bodies,  board  or  boards,  which,  under  law,  con- 
stitute the  legislative  department  of  any  municipality  of  the  first  class. 

Act  takes  effect  when. 

Sec.  4.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 


QOVEBNOB.  1833 

An  Act  relating  to  -fire  departments  of  viunicipalities  of  th€  first  class,  and 

fixing  the  salaries  of  officers  thereof. 

[Approved  March  27,   1897;   Stafs.   1897,  p.   192.] 

Salaries  of  officers  of  fire  departments  in  cities  of  first  class. 

Section  1.  In  municipalities  of  the  first  class  the  following  officera  of 
its  fire  department  shall  receive  the  following  salaries  per  annum: 

Chief  engineer,  five  thousand  dollars. 

Assistant   chief   engineer,   three   thousand   six  hundred   dollars. 

Secretary,  or  clerk,  three  thousand  dollars. 

Assistant  engineers,  two  thousand  one  hundred   dollars  each. 

Veterinary  surgeons,  one  thousand  eight  hundred  dollars. 

Said  salaries  shall  be  paid  in  the  same  manner  as  is  now  provided  by 
law. 

Act  takes  effect  when. 

Sec.  2.     This  act  shall  take  effect  immediately. 

Code   commissioner's  note.      "Apparently   unconstitutional,   under   the  rule   an- 
nounced in  Popper  v.  Broderick,  123  Cal.  456." 


GOVERNOR. 

An  Act  to  authorize  the  governor  to  employ  a  stenographer  for  his  office, 

and  to  provide  for  the  payment  of  his  salary. 

[Approved  January  15,   1891;    Stats.    1891,   p.   1.] 

§  1.     Governor    to    appoint    stenographer. 

§  2.     Appropriation. 

§  3.     Act    takes    effect    when. 

Governor  to  appoint  stenographer. 

Section  1.  The  governor  of  California  is  hereby  authorized  to  appoint 
a  stenographer  to  assist  him  in  the  duties  of  his  oilice,  and  who  shall 
serve  during  his  pleasure.  He  shall  perform  such  duties  as  may  be 
assigned  him  by  the  governor  from  time  to  time.  The  salary  of  such 
stenographer  shall  be  sixteen  hundred  dollars  per  annum,  payable  as  the 
salary  of  state  ofiicers. 

Appropriation. 

Sec.  2.  The  sum  of  eight  hundred  dollars  is  hereby  apiiroiirintcd  out 
of  the  general  fund  of  the  state  treasury  for  the  paynuMit  of  the  salary 
of  the  stenographer  during  the  forty-second  fiscal  year. 

Act  takes  effect  when. 

Sec.  3.     This  act  shall  take  efi;oct  from  and  after  its  passage. 


1834  APPENDIX. 


HARBOE  COMMISSIONERS. 

An  Act  to  provide  penalties  for  failure  to  pay  tolls,  ty  false  returns  or 
otherwise,  to  any  'board  of  state  harbor  commissioners  of  the  state  of 
California. 

[Approved  March  10,   1891;   Stats.  1891,  p.  27.] 

False  returns  to  harbor  commissioners.     Penalty. 

Section  1.  Any  person,  corporation,  firm,  or  association  who  shall, 
by  false  returns,  or  in  any  manner,  avoid  the  payment  of  all  or  any 
portion  of  any  tolls  that  may  be  due  to  any  board  of  state  harbor  com- 
missioners of  the  state  of  California,  from  any  source  or  cause,  as  pro- 
vided for  by  law  and  the  rules  and  regulations  of  said  board,  shall  be 
liable  for  and  shall  pay  to  said  board  twice  the  amount  of  such  tolls, 
and  in  addition  thereto  the  sum  of  ten  dollars  over  and  above  such 
amount. 

Act  takes  effect  when. 

Sec.  2.     This  act  shall  take  effect  from  and  after  its  passage. 

An  Act  to  empower  the  "board  of  state  harbor  commissioners  to  rectify  the 
alignment  of  East  Street,  from  Pacific  Street  to  Market  Street,  in  the 
dty  and  county  of  San  Francisco,  and  to  sell,  acquire,  and  condemn 
adjacent  property. 

[Approved  March  31,  1891;   Stats.   1891,  p.  270.] 

§  1.     Alignment  of  East  Street  to  be  straightened. 

§  2.     Westerly    side   of    East    Street. 

§  3.     Jurisdiction  of  board. 

§  4,     Power   oi   board. 

§  5.      Condemnation   proceedings. 

I  6.     Act    takes    effect   when. 

Alignment  of  East  Street  to  be  straightened. 

Section  1.  The  board  of  state  harbor  commissioners  is  hereby  author- 
ized and  directed  to  rectify  the  alignment  of  East  Street,  between  Pa- 
cific Street  and  Market  Street,  in  the  city  and  county  of  San  Francisco, 
said  rectification  to  be  done  so  as  to  straighten  the  property  lines  and 
give  as  wide  and  commodious  a  thoroughfare  as  the  traffic  may  demand. 

Westerly  line  of  East  Street. 

Sec.  2.  In  no  case  shall  the  alignment  of  the  M^esterly  side  of  said 
thoroughfare  extend  east  of  the  inner  line  of  the  thoroughfare  as  now 
established  and  defi.ned  by  law. 


HARBOR   COMMISSIONERS.  1835 

Jurisdiction  of  'board. 

Sec.  3.  The  jurisdiction  of  the  said  board  shall  be  westerly  to  the  line 
as  established  under  this  act. 

Power  of  board. 

Sec.  4.  The  board,  in  carrying  out  this  law,  shall  have  the  power  to 
purchase  and  sell,  and  to  exchange,  upon  a  lej^al  and  equitable  basis, 
any  portion  or  portions  of  the  property  adjacent  to  the  westerly  line  of 
the  thoroughfare  herein  provided  for;  and  a  full  record  of  their  pro- 
ceedings shall  be  entered  upon  their  minutes,  and  a  sworn  statement  of 
all  transfers,  sales,  and  purchases,  and  other  transactions,  shall  be  filed 
with  the  secretary  of  state.  Said  statements  shall  show  in  full  all  pay- 
ments and  receipts,  itemized  so  as  to  definitely  exhibit  the  price  or 
prices  of  each  parcel  of  land  transferred. 

Condemnation  proceedings. 

Sec.  5.  In  case  of  failure  on  the  part  of  the  interested  parties  to  come 
to  a  satisfactory  agreement,  the  board  shall  have  the  power  to  con- 
demn, as  in  other  cases,  for  public  purposes. 

Act  takes  effect  when. 

Sec.  6.     This  ,act  shall  take  effect  from  and  after  its  passage. 

An  Act  empowering  and  authorizing  the  hoard  of  state  harbor  commis- 
sioners to  insure  against  loss  or  damage  by  fire  the  property  of  the  state 
of  California  located  on  the  water-front  at  San  Francisco,  California. 
[1.  Approved  March  25,  1901;    Stats.  1901,  p.  809.     2.  Amended  March  20,  1905; 
Stats.   1905,  p.   295.] 
§  1.     Insurance  of  state  property  on  San  Francisco  waterfront. 
§  2.     Authority   to   insure  property. 
§  3.      Conflicting    acts    repealed. 
§  4.     Act   takes   effect  when. 

Insurance  of  state  property  on  San  Francisco  water-front. 

Section  1.  The  board  of  state  harbor  commissioners  are  hereby  em- 
powered and  authorized  to  insure  against  loss  or  damage  by  fire  the 
wharves,  docks,  piers,  slips,  bulkheads,  and  structures  contained  thereon, 
and  improvements  located  inside  and  outside  of  the  water-front  line,  the 
property  of  the  state  of  California,  and  under  the  control  and  super- 
vision of  the  board  of  state  harbor  commissioners,  situate  on  the  water- 
front at  San  Francisco,  California. 

Authority  to  insure  property. 

Sec.  2.  This  insurance  is  to  be  effected  and  distributed  at  the  discre- 
tion and  under  the  direction  of  the  board  of  state  harbor  commissioners. 


1836  APPENDIX. 

The  aggregate  amount  of  such  fire  insurance  placed  not  to  exceed  the 
sum  of  seven  hundred  thousand  dollars,  and  the  cost  of  same  not  to 
exceed  the  amount  of  fourteen  thousand  dollars  in  premiums  for  policies 
to  be  written  for  a  three  years'  term.  Said  cost  to  be  defrayed  and 
paid  out  of  the  San  Francisco  harbor  improvement  fund.  [Amendent. 
Approved  March  20,  1905;  Stats.  1905,  p.  295.] 

Conflicting  acts  repealed. 

See.  3.  All  acts  and  parts  of  acts  in  conflict  herewith  are  hereby  re- 
pealed. 

Act  takes  effect  when. 

Sec.  4.     This  act  shall  take  effect  immediately. 

An  Act  to  authorize  and  empower  the  hoard  of  state  hartor  commissioners 
to  institute   condemnation  proceedings  against   certain   property   on   the 
corner  of  Market,  Sacramento,  and  East  streets,  in  the  city  and  county  of 
San  Francisco,  and  extending  their  jurisdiction  over  the  same. 
[Approved  March  26,  1895;   Stats.  1895,  p.  79.] 

§  1.     Harbor   commissioners    may   condemn    certain    lot. 

§  2.     Jurisdiction. 

§  3.     May   institute    action. 

§  4.     Payment    of    judgment. 

5  5.     Act  takes  effect  when. 

Harhor  commissioners  may  condemn  certain  lot. 

Section  1,  For  the  purpose  of  acquiring  terminal  facilities  for  the 
landing  of  passengers  to  and  from  the  passenger  and  ferry  depot  at 
the  foot  of  Market  Street,  in  the  city  and  county  of  San  Francisco,  the 
board  of  state  harbor  commissioners  is  hereby  authorized  and  empowered 
to  institute  condemnation  proceedings  in  the  superior  court  of  the  city 
and  county  of  San  Francisco,  against  all  parties  in  interest  claiming 
any  title  in  and  to  that  certain  lot,  piece,  or  parcel  of  land  in  the  city 
and  county  of  San  Francisco,  bounded  and  described  as  follows,  to  wit: 

Commencing  at  a  point  on  the  westerly  line  of  East  Street,  distant 
thereon  sixty  (60)  feet  and  four  (4)  inches  northerly  from  the  north- 
westerly corner  of  the  intersection  of  the  northerly  line  of  Market 
Street  with  said  westerly  line  of  East  Street;  thence  southerly  along 
said  westerly  line  of  East  Street  sixty  (60)  feet  and  four  (4)  inches  to 
the  intersection  of  said  line  of  East  Street  with  the  northerly  line  of 
Market  Street;  thence  westerly  along  the  northerly  line  of  Market 
Street  eighteen  (18)  feet  and  six  (6)  inches  to  the  intersection  of  the 
northerly  line  of  Market  Street  with  the  north  line  of  Sacramento 
Street;   thence  west  along  the  north  line  of  Sacramento  Street  seventy- 


HARBOR   COMMISSIONERS.  1837 

nine  (79)   feet  and  eleven   (11)   inches  to  a  point  on  said  north  line  of 
Sacramento    Street;    thence    northeasterly   to    the   poiut   of   btginuing. 

Jurisdiction. 

Sec.  2.  The  inshore  limit  of  the  jurisdiction  of  said  board  shall  be, 
and  is  hereby,  extended  so  as  to  include  the  lot  of  land  described  in 
section  one  of  this  act. 

May  institute  action. 

Sec.  3.  The  board  of  state  harbor  commissioners  may  institute  any 
action  or  actions,  and  prosecute  the  same  to  final  judguuut,  for  the  con- 
demnation of  any  portion  of  the  premises  described  in  section  one  of 
this  act;  and  the  purposes  herein  mentioned  are  hereby  declared  to  be 
a  public  use,  in  which  the  right  of  eminent  domain  may  be  exercised  by 
the  board  of  state  harbor  commissioners  in  the  name  of  the  people  of 
the  state,  for  the  estates  and  rights,  and  in  the  manner  provided  in 
part  three,  title  seven,  of  the  Code  of  Civil  Procedure  of  this  state. 

Pasmient  of  judgment. 

Sec.  4.  The  board  of  state  harbor  commissioners  is  hereby  authorized 
to  pay  any  judgment  rendered  against  them  in  such  condemnation  pro- 
ceedings, by  a  draft  drawn  upon  the  controller  of  the  state,  who  shall 
draw  his  warrant  therefor  on  the  state  treasury,  payable  out  of  any 
money  in  said  treasury  credited  to  the  San  Francisco  harbor  improve- 
ment fund. 

Act  takes  effect  when. 

Sec.  5.     This  act  shall  take  effect  from  and  after  its  passage. 

An  Act  to  authorize  the  state  hoard  of  harhor  commissioners  to  establish 
and  maintam  a  free  public  market  upon  the  water-front  of  San  Fran' 
Cisco,  and  providing  for  the  expenses  and  regulations  thereof. 

[1.  Approved  March  29,  1897;  Stats.  1897,  p.  238.  2.  Amended  March  2,  1903; 
Stats.    1903,    p.    76;    this    amendment   being   printed    infra.] 

By  the  act  of  1903,  the  entire  act  of  1897  was  amended  to  read  as  follows: 


1838  APPENDIX. 

An  Act  to  amend  an  act  entitled  "An  Act  to  autliorise  the  state  "board  of 
harbor  commissioners  to  establish  and  maintain  a  free  public  marlcet  upon 
tlie  water-front  of  San  Francisco,  and  providing  for  the  expenses  andli 
regulations  thereof,"  approved  March  S9,  1897. 

[Appinved  March  2,  1903;  Stats.  1903,  p.  76.] 

§  1.      Free   public  market   to   be   established. 

§  2.      Land    set    apart    shall   be    convenient. 

§  3.      Assignment    of    docking-room. 

I  4.     Tramways. 

§  5.     No  rental  for  space.      Penalty  for  violation  of  act. 

§  6.      Expenses,    how   provided   for. 

§  7.      Officers    of    free    market. 

§  8.     Bonds    of    officers. 

I  9.      Moneys   to  carry  into   effect. 

Free  puMic  market  to  be  established. 

8ection  1.  The  board  of  state  harbor  comniissIoBers  slin]l,  within  one 
year  from  the  passage  of  this  act,  set  apart  upon  some  convenient  por- 
tion of  the  water-front  of  San  Francises  a  sufficient  number  ol  blocks 
and  parts  of  blocks  belonging  to  the  state  contiguous  to  the  docRs  and 
piers  for  a  free  market  for  the  greater  portion  of  all  the  perishable 
products  of  the  state  of  California  arriving  in  San  Francisco  by  land, 
boat,  or  other  conveyance,  including  fruit,  vegetables,  eggs,  poultry, 
grain,  dairy  products,  and  fish,  and  shall  permit  the  sale  of  such  products 
upon  said  blocks  and  portions  of  blocks  of  land  by  or  for  the  account 
of  the  producers  thereof  only,  under  such  regulations  as  may  be  pre- 
scribed by  the  said  board  of  harbor  commissioners  and  as  the  public 
convenience  may  require. 

Land  set  apart  shall  be  convenient. 

Sec.  2.  The  land  so  set  apart  for  the  free  public  market  shall  be  as 
convenient  as  possible  to  that  portion  of  the  city  and  county  of  San 
Francisco  in  which  the  principal  wholesale  trade  in  perishable  products 
is  now  carried  on,  and  must  be  adjacent  and  contiguous  to  such  piers 
and  docks  as  are  accessible  to  all  water-craft  ordinarily  employed  in 
carrying  such  products  upon  the  waters  of  San  Francisco  Bay  and  the 
navigable  waters  contributing  thereto,  and  vessels  so  loaded  shall  have 
the  preference  at  all  times  at  docking  at  such  wharves  and  piers  con- 
tiguous to  said  lands  over  other  vessels  not  so  loaded. 

Assignment  of  docking-room. 

Sec.  3.  Docking-room  at  said  piers  shall  be  assigned  without  partiality 
to  all  vessels  engaged  in  the  transportation  of  said  products,  and  the 
space  assigned  shall  be  sufficient  to  permit  such  vessels  regularly  run- 
ning upon  a  route  to  receive  and  discharge  their  entire  cargoes  of  such 


HARBOR   COMMISSIONERS.  1839 

products  at  the  piers  aforesaid,  if  they  so  desire,  subject  to  the  control 
and  direction  of  the  board  of  state  harbor  commissioners.  And  the 
said  board  of  state  harbor  commissioners  shall  construct  car-tracks  to 
connect  the  said  docks  and  piers  with  the  land  so  set  apart  for  the  free 
public  market  and  with  the  belt  railroad.  For  the  use  of  these  tracks 
the  state  harbor  eommissiouers  shall  prescribe  such  regulations  as  pub- 
lic convenience  may  require,  and  fix  the  compensation  to  be  paid  by  the 
companies  making  use  of  them  for  this  purpose. 

Tramways. 

See.  4.  The  harbor  commissioners  shall  suitably  inclose  said  free 
market  and  construct  suitable  tramways  and  tracks  or  other  devices  for 
the  rapid  conveyance  of  perishable  products  from  car  or  boat  or  other 
conveyance  to  the  stalls  in  the  free  market,  and  operate  the  same. 

No  rental  for  space.    Penalty  for  violation  of  act. 

Sec.  5.  The  harbor  commissioners  shall  assign  space  within  the  free 
market  to  all  producers  of  perishable  products,  under  such  regulations 
as  the  harbor  commissioners  may  prescribe.  No  rental  shall  be  charged 
for  space  in  the  free  market.  Any  violation  of  this  act,  or  of  the  regu- 
lations made  pursuant  thereof,  shall  exclude  the  person  or  firm  guilty 
of  such  violation  from  the  privilege  of  selling  in  the  free  market,  dur- 
ing tlie  pleasure  of  the  harbor  commissioners,  not  exceeding  one  year, 
in  addition  to  any  other  penalty  which  may  be  incurred  thereby. 

Expenses,  how  provided  for. 

Sec.  6.  For  the  payment  of  the  expenses  of  said  free  market  the  said 
board  of  state  harbor  commissioners  may,  in  their  judgment,  so  adjust 
tolls  upon  the  said  perishable  products  as  shall  be  delivered  into  said 
free  market  as  to  provide  the  necessary  revenue;  provided,  however,  that 
no  one  shall  be  compelled  to  enter  into  said  free  public  market,  and  no 
tolls  for  the  purpose  of  paying  the  expenses  of  said  free  market  shall 
he  levied,  assessed,  or  inflicted  upon  any  products  not  entering  into  said 
free  public  market;  and  provided  further,  that  the  total  of  such  tolls 
so  levied  shall  not  exceed  the  total  expense  of  maintaining  such  free 
market; 

Officers  of  free  market. 

Sec.  7.  The  otficers  of  said  free  market  shall  be  a  superintendent  and 
assistant  superintendent,  who  shall  also  be  secretary,  and  such  other 
employees  as  the  state  board  of  harbor  commissioners  may  appoint.  The 
salary  of  all  employees  of  said  free  market  shall  be  fixed  by  the  state 
board  of  harbor  commissioners,  and  be  paid  out  of  the  general  fund  of 
said  harbor  commission  the  same  as  other  employees. 


1840  APPENDIX. 

Bonds  of  officers. 

Sec.  8.  All  officers  and  employees  of  any  public  market  on  state 
property  are  officerg  and  employees  of  the  state,  and  shall  qualify  in  the 
same  manner  as  other  employees,  and  give  such  bonds  as  the  harbor 
commissioners  may  prescribe. 

Moneys  to  carry  into  effect. 

Sec.  9.  There  is  hereby  appropriated  out  of  the  San  Francisco  harbor 
improvement  fund  the  necessary  moneys  to  enable  the  harbor  commis- 
sioners to  carry  this  act  into  effect,  and  this  appropriation  shall  have 
precedence  of  all  other  claims  on  such  fund  for  improvements. 

An  Act  to  authorise  the  hoard  of  state  harbor  commissioners  to  make  re-» 
•pairs  upon  private  wharves  in  their  possession, 
[Approved   March   26,   1874;    Stats.   1873-74,   p.   663.] 

Maintenance  of  wharves. 

Section  1.  The  board  of  state  harbor  commissioners  are  hereby  au- 
thorized and  empowered,  in  their  discretion,  to  repair  and  maintain  any 
wharf  or  wharves  in  their  possession  or  under  their  control,  notwith- 
standing such  wharf  or  wharves  may  belong  to  private  parties,  and  to 
pay  the  expenses  thereof  in  the  same  manner  as  is  now  provided  for 
the  repairs  or  maintenance  of  the  wharves  of  the  state;  provided,  how- 
ever, that  such  authority  to  repair  and  maintain  private  wharves  shall 
terminate  with  the  termination  of  the  possession  or  control  of  the  same 
on  the  part  of  said  board. 

Act  takes  effect  when. 

Sec,  2.     This  act  shall  take  effect  immediately  after  its  passage. 


An  Act  to  authorise  the  compromise  of  certain  litigation  concerning  a  por- 
tion of  the  water-front  of  the  city  and  county  of  San  Francisco. 
[Approved  April   3,    1876;    Stats.    1875-76,   p.    905.] 
This  act  authorizes  the  governor,  mayor  of  San  Francisco,  and  board 
of  state  harbor  commissioners  to  compromise  and  settle  with  claimants 
for   the   premises   lying   between   Jackson   and   Pacific   streets,   and   out- 
side of  the  water-front  line  as  established  by  the  beach  and  water  lot 
act    of   March   26,    1851.     The   compromise    contemplated   was   to    accept 
deeds  of  the  entire  property  to  the  state,  and  pay  therefor  such  amount 
as   might   be   determined  on   out   of   the   San   Francisco   harbor  improve- 
ment fund. 


NATION.Ui   GUARD.  ISil 


NATIONAL  GUARD. 

All   Act    to   provide    for   independent   and   unattached   companies    of    fHe 
national  guard  of  the  state  of  California,  and  to  provide  for  the  manner 
of  maling  allowances  for  the  use  and  support  of  such  companies. 
[Approved  March  8,  1901;   Stats.   1901,  p.  110.] 
§  1.     Independent   and   unattached  companies   of   national   guard. 
§  2.     Allowances. 
§  3.     Act  takes   effect   when. 

Independent  and  unattached  companies  of  national  guard. 

Section  1.  Auj  military  orgauization  composed  of  veterans  of  the 
Civil  War,  and  having  the  minimum  number  required  to  constitute  a 
company,  if,  upon  the  required  examination  they  be  found  capable  of 
efficient  service  to  the  state  in  the  performance  of  active,  garrison,  or 
other  military  duty,  may  be  organized  and  mustered  into  the  military 
service  of  the  state,  notwithstanding  the  members  thereof  may  be  over 
the  age  of  forty-five  years;  and  such  companies  or  organizations  when 
so  constituted  shall  be  mustered  into,  and  become  a  part  of,  the  national 
guard  of  the  state,  and  shall  be  subject  to  all  the  laws  regulating  and 
governing  the  national  guard,  except  that  they  shall  be  deemed  and 
considered  independent,  unattached  companies,  acting  under  the  direct 
orders  of  the  commander-in-chief. 

Allowances 

Sec.  2.  Such  companies  shall  receive  such  allowances  as  may  be  ap- 
proved and  allowed  by  the  state  board  of  military  auditors  out  of  any 
moneys  appropriated  for  the  use  of  such  companies;  provided,  however, 
that  such  allowances  shall  in  no  case  exceed  the  sum  of  five  hundred 
dollars  for  any  one  of  such  companies  for  any  one  fiscal  year. 

Act  takes  effect  when. 

Sec.  3.  This  act  shall  take  effect  and  bo  in  force  from  and  after  its 
passage. 

An  Act  to  establish  a  camp  of  instruction  for  the  national  guard  of  the 
state  of  California,  and  to  authorize  the  acquisition,  by  donation,  of  a 
site  for  the  same. 

[Approved  March  4,   1899;   Stats.   1899,   p.   65.] 
The  purpose  of  this  act  sufficiently  appears  from  its  title. 
Gen.  Laws — 114 


1842  APPENDIX. 

An  Act  providing  that  all  encampments  of  the  national  guard  sliall  6e  helcll 
at  the  state  camp  of  instruction,  unless  otherwise  ordered. 
[Approved  March  20,   1899;    Stats.   1899,  p.  148.] 
The  purpose  of  this  act  sufficiently  appears  from  its  title. 

An  Act  regarding  organisations,  ofpxers,  and  menibers  of  the  national  guard 
who  entered  the  United  States  volunteer  service  in  the  Spanish- American 
War  of  eighteen  hundred  and  ninety-eight,  their  privileges  and  exemp- 
tions, and  retirements,  and  praviding  for  the  return  to  the  national' 
guard  of  such  organizations,  officers,  and  members. 

[Approved  March  21,   1899;    Stats.   1899,  p.   158.] 
The  purpose  of  this  act  sufficiently  appears  from  its  title. 


NOTARIES. 

Bee  post,  title  "San  Francisco.' 


OFFICERS. 

An  Act  to  malce  women  eligible  to  educational  offices. 
[Approved  March   12,    1874;    Stats.   1873-74,  p.   356.] 

Women  eligible. 

Section  1.  Women,  over  the  age  of  twenty-one  years,  who  are  citizens 
of  the  United  States  and  of  this  state,  shall  be  eligible  to  all  educa- 
tional offices  within  the  state,  except  those  from  which  they  are  ex- 
cluded by  the  constitution. 

Conflicting  acts  repealed.    Act  takes  effect  when. 

Sec.  2.  All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby 
repealed.     This  act  shall  take  effect  from  and  after  its  passage. 


OFFICERS.  1843 

An  Act  preserving  eertain  duties  to  he  performed  "by  the  state  controllcrf 
state  treasurer,  and  state  board  of  examiners. 
[Approved  February   20,   1872;    Stats.   1871-72,   p.   118.] 
§    1.     Controller  to  furnish  reports  to  treasurer. 
S    2.     Treasurer  to  furnish  controller  with  list  of  warrants. 
§    3.     Controller   and   treasurer   to   adjust  balances. 
§    4.     Examiners   to    count   money   and   compare   books    of   controller. 
§    5.     When  warrants   canceled. 
§    6.     Register  of  canceled  warrants  to  be  kept. 
§     7.      Interest    coupons,    when    canceled. 
§    8.      Canceled  interest  coupons,   how   payable, 
§    9.     Immediate    duty   of    examiners. 
§  10.     Act  takes  effect  when. 

Controller  to  furnish  reports  to  treasurer. 

Section  1.  The  state  controller  shall  furnish  to  the  state  treasurer, 
on  the  tenth,  twentieth,  and  last  days  of  each  mouth,  and  when  either 
of  these  days  falls  upon  a  day  on  -which  the  state  controller  is  not  re- 
quired to  keep  his  office  open  for  the  transaction  of  business,  then  upon 
the  day  immediately  preceding  the  days  herein  mentioned,  with  a  report 
of  all  warrants  drawn  by  him  upon  the  treasurer  since  the  date  of  his 
last  report.  Such  report  shall  show  the  number,  date,  and  amount  of 
each  warrant,  to  whom  issued,  and  the  fund  out  of  which  it  is  pay- 
able. From  the  report  so  furnished  by  the  controller,  the  state  treas- 
urer shall  make  a  register  of  warrants,  and  shall  pay  all  warrants  in  the 
order  in  which  they  are  drawn  by  the  controller. 

Treasurer  to  furnish  controller  -with  list  of  -warrants. 

Sec.  2.  Upon  the  last  day  of  each  month,  except  when  such  last  day 
falls  upon  a  day  on  which  the  state  treasurer  is  not  required  by  law  to 
keep  his  office  open  for  the  transaction  of  business,  then  upon  fhe  day 
immediately  preceding  such  last  day,  the  state  treasurer  shall  furnish 
the  state  controller  with  a  list  of  all  warrants  paid  by  him  since  the 
date  on  which  his  last  list  was  furnished.  Such  list  shall  contain  the 
number,  date,  and  amount  of  each  warrant,  and  the  fund  out  of  which 
the  same  "was  paid. 

Controller  and  treasurer  to  adjust  balances. 

Sec.  3.  Immediately  after  the  passage  of  this  act,  it  shall  be  the  duty 
of  the  state  controller  and  state  treasurer,  under  the  supervision  of  the 
governor,  to  ascertain  the  numbers,  dates,  and  amounts  of  the  several 
warrants  drawn  by  the  controller  and  then  unpaid  by  the  treasurer,  and 
to  adjust  the  balances  in  the  several  funds  of  the  state  treasurer  upon 
the  books  of  the  controller  and  treasurer,  in  accordance  with  the  suma 


1844  APPENDIX. 

found   to    tlie    credit   of   each   on   the    books   of   the   controller,    and   the 
warrants  found  to  be  outstanding  and  not  paid  by  the  treasurer. 

Examiners  to  count  money  and  compare  books  of  controller. 

Sec.  4.  When  the  balances  in  the  several  funds  of  the  state  treasury 
shall  be  adjusted  as  provided  for  in  the  next  preceding  section,  the 
state  board  of  examiners  shall  count  the  money  in  the  state  treasury 
and  compare  the  amount  with  the  amount  found  to  be  in  all  the  funds 
of  the  state  treasury  by  the  books  of  the  state  controller,  and  upon  the 
first  business  day  of  each  month  thereafter,  the  state  controller  shall 
furnish  the  state  board  of  examiners  with  a  statement  of  the  amount 
of  money  in  each  fund  of  the  state  treasury,  and  the  total  amount  as 
the  same  appears  upon  the  books  of  his  office,  together  with  a  list  of 
warrants  issued  by  him  but  not  paid  by  the  state  treasurer,  and  for 
the  payment  of  which  there  is  money  in  the  state  treasury.  Upon  the 
receipt  of  such  statement  from  the  controller,  the  state  board  of  exam- 
iners shall  proceed  to  count  the  money  in  the  state  treasury,  and  com- 
7>are  the  amount  with  the  amount  named  in  the  statement  of  the  con- 
troller. 

When  warrants  canceled. 

Sec.  5.  Whenever  any  warrant  issued  by  the  state  controller  shall 
remain  in  his  office  uncalled  for  by  the  owner  thereof  for  the  period  of 
one  year  after  such  warrant  has  become  payable,  it  shall  be  the  duty  of 
the  controller  and  treasurer,  in  the  presence  of  the  state  board  of  exam- 
iners, to  cancel  the  same;  and  whenever  any  warrant,  delivered  to  the 
owner  thereof  by  the  controller,  but  not  presented  to  the  state  treas- 
urer for  payment  for  a  period  of  one  year  after  such  warrant  has  be- 
come payable,  said  warrant  shall  be  deemed  to  be  canceled,  and  the 
treasurer  shall,  in  the  presence  of  the  controller  and  state  board  of  exam- 
iners, write  the  word  "Canceled"  opposite  the  entry  of  such  warrant  in 
his  registry  of  warrants  provided  for  in  the  first  section  of  this  act. 
The  word  "Canceled"  shall  also  be  written  by  the  state  controller  op- 
posite the  entry  in  the  warrant  register  in  his  office,  of  all  warrants 
required  to  be  canceled  by  this  act.  The  amounts  of  all  warrants  can- 
celed under  the  provisions  of  this  act  shall  revert  to  the  fund  in  the 
state  treasury  against  which  said  warrants  were  drawn,  and  shall  be 
entered  upon  the  books  of  the  controller  to  the  credit  of  such  fund,  in 
the  same  manner  as  other  moneys  paid  into  the  state  treasury. 

Register  of  canceled  warrants  to  be  kept. 

Sec.  6.  The  controller  and  treasurer  shall  each  keep  a  register  of  war- 
rants canceled  under  this  act,  in  which  shall  be  entered  the  number, 
date,   and   amount   of   the   warrants,   the   name   of   the   person   in   whose 


OFFICERS.  1845 

favor  it  was  drawn,  the  fund  out  of  which  it  was  payable,  and  the  date 
of  cancellation.  Whenever  the  owner  of  any  warrant  canceled  under 
the  provisions  of  this  act  demands  such  warrant  from  the  controller,  it 
shall  be  the  duty  of  the  controller  to  issue  a  new  warrant  for  the  same 
amount,  in  the  name  of  the  same  person,  and  payable  out  of  the  same 
fund  as  the  warrant  canceled;  and  in  case  where  a  warrant  issued  by 
the  controller,  but  not  paid  by  the  treasurer,  has  been  canceled  and  the 
owner  or  holder  thereof  presents  the  same  for  payment,  it  shall  be  the 
duty  of  the  state  controller  to  draw  a  new  warrant  therefor,  in  the 
name  of  the  same  person,  for  the  same  amount,  and  payable  out  of  the 
same  fund  as  the  original  warrant,  and  such  original  warrant  shall 
thereupon  be  canceled  by  him  and  retained  in  his  office  as  his  voucher 
for  issuing  such  new  warrant.  In  all  cases  where  a  warrant  shall  be 
issued  in  lieu  of  one  canceled,  the  word  "Duplicate"  shall  be  plainly 
written  or  printed  across  the  face  thereof,  in  red  ink,  by  the  controller, 
and  the  issue  thereof  noted  on  the  registry  of  canceled  warrants  kept 
in  his  office,  and  when  any  such  duplicate  warrant  is  paid  by  the  state 
treasurer  he  shall  note  the  payment  thereof  on  the  registry  of  canceled 
warrants  kept  in  his  office. 

Interest  coupons,  when  canceled. 

Sec.  7.  Whenever  the  interest  coupons  attached  to  any  registered  bond 
of  this  state  issued  under  either  of  the  following  named  acts,  to  wit: 
An  Act  to  provide  for  paying  certain  equitable  claims  against  the  state 
of  California,  and  to  contract  a  funded  debt  for  that  purpose,  approved 
April  twenty-eight,  eighteen  hundred  and  fifty-seven;  An  Act  to  amend 
an  act  entitled  An  Act  to  provide  for  paying  certain  equitable  claims 
against  the  state  of  California,  and  to  contract  a  funded  debt  for  that 
purpose,  approved  April  twenty-eight,  eighteen  hundred  and  fifty-seven, 
approved  April  twenty-seven,  eighteen  hundred  and  sixty;  An  Act  for 
the  relief  of  the  enlisted  men  of  the  California  volunteers  in  the  ser- 
vice of  the  United  States,  approved  April  twenty-seven,  eighteen  hun- 
dred and  sixty-three;  An  Act  granting  bounties  to  the  volunteers  of  this 
state,  enlisted  in  the  service  of  the  United  States,  for  issuing  bonds  to 
provide  funds  for  the  payment  of  the  same,  and  to  levy  a  tax  to  pay 
such  bonds,  approved  April  fourth,  eighteen  hundred  and  sixty-four,  and 
An  Act  authorizing  the  issuance  of  state  bonds  to  the  amount  of  two 
hundred  and  fifty  thousand  dollars,  to  be  known  as  State  Capitol  bonds, 
approved  April  fourth,  eighteen  hundred  and  seventy,  shall  not  be  pre- 
sented to  the  state  treasurer  for  payment  for  a  period  of  one  year  after 
such  coupon  has  become  due  and  payable.  It  shall  be  the  duty  of  the 
state  treasurer  to  furnish  the  state  controller  and  state  board  of  exam- 
iners each  with  a  list  of  such  coupons  not  presented  for  payment,  with 


1846  APPENDIX, 

the  amount  thereof,  whereupon  the  state  controller  shall  order  the  treas- 
urer to  placa  the  money  held  by  him  for  the  payment  of  such  coupons 
into  the  general  fund  of  the  state  treasury,  and  the  amount  so  ordered 
into  the  general  fund  shall  be  placed  to  the  credit  of  said  fund  on  the 
books  of  the  controller  and  treasurer  in  the  same  manner  as  other  moneys 
paid  into  the  state  treasury. 

Canceled  interest  coupons,  how  payable. 

See.  8.  Whenever  any  of  the  interest  coupons  mentioned  in  the  seventh 
section  of  this  act  are  presented  for  payment,  after  the  money  to  pay 
the  same  has  been  transferred  to  the  general  fund,  such  coupons  shall 
be  presented  to  the  state  board  of  examiners,  which  board  shall  audit 
and  allow  them  out  of  the  general  fund  of  the  state  treasury,  and  shall 
transmit  a  voucher  to  the  state  controller,  upon  which  to  draw  his  war- 
rant upon  the  state  treasurer.  Upon  the  presentation  of  such  warrant 
and  the  surrender  to  him  of  the  coupons  for  the  payment  of  which  the 
said  warrant  is  drawn,  the  state  treasurer  shall  pay  the  same  out  of 
the  general  fund. 

Immediate  duty  of  examiners. 

Sec.  9.  Immediately  after  the  passage  of  this  act  the  state  board  of 
examiners  shall  examine  the  books  in  the  state  treasurer's  office,  in  which 
are  pasted  the  coupons  of  the  registered  bonds  of  the  state  paid  by  him, 
and  shall  require  the  state  treasurer  to  make  out  a  list  of  all  coupons 
not  found  therein,  as  provided  for  in  section  seven  of  -this  act,  and  the 
money  held  by  him  for  the  payment  thereof  shall  be  placed  in  the  gen- 
eral fund  as  provided  in  this  act. 

Act  takes  effect  when. 

Sec.  10.     This  act  shall  take  effect  from  and  after  its  passage. 


PILOTS. 

An  Act  to  esiablisTi  pilots  and  pilot  regulations  for  the  port  of  San  Diego. 
[Approved   March   26,    1872;    Stats.    1871-72,   p.    650.] 
The  purpose  of  this  act  sufficiently  appears  from  its  title. 

An  Act  to  provide  for  the  appointment  of  pilots,  and  defining  their  duties 
and  compensation  at  the  port  of  Wilmington  and  hay  of  San  Pedro. 

[Approved  March   19,   1889;    Stats.   1889,  p.  416.] 
The  purpose  of  this  act  sufficiently  appears  from  its  title. 


SAN  FRANCISCO — STATE.  1847 

SAN  FRANCISCO. 

An  Act  authorizing  the  appointment  of  a  notary  public  in  the  city  an3 

county  of  San  Francisco,  to  reside  and  trunsact  notarial  duties  at  Yerbd 

Buena  Island,  or  Goat  Island,  in  the  bay  of  San  Francisco,  in  addition] 

to  the  number  of  notaries  now  authorized  by  law  for  said  city  and  county. 

[Approved  February   12,    1903;    Stats.   1903,   p.  26.] 

Notary  public  for  Yerba  Buena  Island. 

Section  1.  The  governor  is  hereby  authorized  and  empowered  to  ap- 
point and  commission  one  notary  public  in  and  for  the  city  and  county 
of  San  Francisco,  to  reside  and  transact  his  notarial  duties  at  Yerba 
Buena  Island,  known  as  Goat  Island,  in  the  bay  of  San  Francisco,  in 
addition  to  the  number  of  notaries  now  authorized  by  law  to  be  ap- 
pointed in  said  city  and  county.  Such  notary  shall  be  subject  to  the 
general  laws  relating  to  notaries  public. 

Act  takes  effect  when. 

Sec.  2.     This  act  shall  take  effect  immediately. 


STATE. 

\'         Acts    relating   to    suits    against    state:     See  Appendix,    Code   Civ.    Proc,    post, 
pp.    1971,    1973,    1974. 

An  Act  authorizing  the  alloimnce,  settlement,  and  payment  of  clainis  of 

counties  against  the  state. 

[Approved  March  9,  1893;   Stats.   1893,  p.  109.] 

State  controller  to  allow  claims  for  commissions  for  collection  of  taxes 
to  be  retained. 

Section  1.  On  the  presentation  of  the  claim  of  any  county  of  this 
state,  or  treasurer  thereof,  to  the  state  controller  for  conuuissions, 
charges,  or  fees  fixed  or  directed  to  be  allowed  by  law  for  the  collec- 
tion of  state  taxes,  the  said  commissions,  charges,  or  fees  for  which 
claim  is  made,  not  having  been  allowed  by  the  state,  and  the  same  hav- 
ing been  paid  into  the  state  treasury,  thereupon  the  state  controller 
shall,  in  the  next  settlement  thereafter  to  be  made  with  the  treasurer 
of  the  county  presenting  such  claim,  allow  to  be  retained  out  of  any 
moneys  then  in  the  hands  of  such  treasurer  belonging  to  the  state,  the 
amount  of  such  claim;  provided,  however,  that  the  moneys  thus  retained 
shall  be  paid  into  the  county  treasury,  and  shall  be  the  property  of  such 
county. 


1848  APPENDIX. 

Act  takes  effect  when. 

Sec.  2.     This  act  shall  take  effect  immediately. 

Construction  of  act:    See  County  of  Yolo  v.  Colgan,  132  Cal.  265. 


STATE  ANALYST. 

An  Act  to  provide  for  analyzing  the  minerals,  mineral  waters,  and  other* 
liquids,  and  the  medicinal  plants  of  the  state  of  California,  and  of  foods 
and  drugs,  to  prevent  the  adulteration  of  the  same. 

[Approved  March  9,   1885;    Stats.   1885,  p.  43.] 
§  1.     Governor   to    appoint    state    analyst. 

§  2.      State  board  of  health,   etc.,  may  submit  food,   etc.,  for  analysis. 
§  3.      Any   person    may    submit    food,    etc.,    for    analysis. 
§  4.      State    analyst    to    report. 

§  5.      State  board  of  health  may  submit  food,  etc.,  for  analysis. 
§  6.      Mineralogist  to   submit  minerals  for  analysis. 
§  7.     Viticultural  commissioners  may  submit  wines  and  spirits  for  analysis. 

Governor  to  appoint  state  analyst. 

Section  1.  The  governor  of  the  state  of  California  shall  appoint  one 
of  the  professors  of  the  state  university  of  California  of  sufficient  com- 
petence, knowledge,  skill,  and  experience,  as  state  analyst,  whose  duty 
it  shall  be  to  analyze  all  articles  of  food,  drugs,  medicines,  medicinal 
plants,  minerals,  and  mineral  waters,  and  other  liquids  or  solids  which 
shall  be  manufactured,  sold,  or  used  within  this  state,  when  submitted 
to  him,  as  hereinafter  provided. 

State  board  of  health,  etc.,  may  submit  food,  etc.,  for  analysis. 

Sec.  2.  The  state  board  of  health  and  vital  statistics,  or  medical  offi- 
cers of  health  of  any  city,  town,  or  of  any  city  and  county,  or  county, 
may,  at  the  cost  of  their  respective  boards  or  corporations,  purchase  a 
sample  of  any  food,  drugs,  medicines,  medicinal  plants,  mineral  waters, 
or  other  liquids  offered  for  sale  in  any  town,  village,  or  city  in  this 
state,  and  submit  the  same  to  the  state  analyst  as  hereinafter  provided; 
and  said  analyst  shall,  upon  receiving  such  article  duly  submitted  to 
him,  forthwith  analyze  the  same,  and  give  a  certified  certificate  to  the 
secretary  of  the  state  board  of  health  submitting  the  same,  wherein  he 
shall  fully  specify  the  result  of  the  analysis;  and  the  certificate  of  the 
state  analyst  shall  be  held  in  all  the  courts  of  this  state  as  prima  facie 
evidence  of  the  properties  of  the  articles  analyzed  by  him. 

Any  person  may  submit  food,  etc.,  for  analysis. 

Sec.  3.  Any  person  desiring  an  analysis  of  any  food,  drug,  medicine, 
medicinal   plant,   soil,   mineral   water,   or   other  liquid,   shall   submit   the 


STATE  ANALYST.  1840 

same  to  the  secretary  of  the  state  board  of  health,  together  -n-ith  a  writ- 
ten statement  of  the  circumstances  under  which  he  procured  the  article 
to  be  analyzed,  which  statement  must,  if  required  by  him,  be  verified 
by  oath,  and  it  shall  be  the  duty  of  the  secretary  of  the  state  board  of 
health  to  transmit  the  same  to  the  state  analyst,  the  expenses  thereof 
to  be  defrayed  by  the  said  board. 

State  analyst  to  report. 

Sec.  4.  The  state  analyst  shall  report  to  the  state  board  of  health  the 
number  of  all  the  articles  analyzed,  and  shall  specify  the  results  thereof 
to  said  board  annually,  with  full  statement  of  all  the  articles  analyzed, 
and  by  whom  submitted. 

State  board  of  health  may  submit  food,  etc.,  for  analysis. 

See.  5.  The  state  board  of  health  may  submit  to  the  state  analj'st 
any  samples  of  food,  drugs,  medicines,  medicinal  plants,  mineral  waters, 
or  other  liquids,  for  analysis,  as  hereinbefore  provided. 

Mineralogist  to  submit  minerals  for  analysis. 

Sec.  6.  It  shall  be  competent  for  the  mineralogist  of  the  state  of  Cali- 
fornia to  submit  to  the  state  analyst  any  minerals  of  which  he  desires 
an  analysis  to  be  made;  provided,  that  the  cost  of  the  same  shall  be  de- 
frayed by  the  mineralogical  bureau. 

Viticultural  commissioners  may  submit  wines  and  spirits  for  analysis. 

Sec. '(.  The  board  of  state  viticultural  commissioners  shall  have  the 
same  privileges  as  are  provided  for  the  state  board  of  health  under 
this  act,  with  respect  to  samples  of  wines  and  grape-spirits,  and  of  all 
liquids  and  compounds  in  imitation  thereof,  and  any  person  or  persons 
desiring  analyses  of  such  products,  shall  submit  the  same  to  the  secre- 
tary of  the  said  board  of  state  viticultural  commissioners,  and  the  same 
shall  be  transmitted  to  the  state  analyst,  in  the  manner  prescribed  in 
section  three  of  this  act.  The  analj'ses  shall  be  made,  and  the  certifi- 
cates of  the  state  analyst  shall  be  forwarded  to  the  secretary  of  the 
said  board  of  state  viticultural  commissioners,  and  shall  have  the  same 
force  and  effect  as  provided  for  in  section  two  of  this  act,  with  respect 
to  analyses  made  for  the  state  board  of  health. 


1850  APPENDIX. 


TREASURERS. 

An  Act  relating  to  treasvrera,  their  deputies  and  clerics,  in  counties,  and 
cities  and  counties,  having  a  population  of  two  hundred  tJiousand  i^ihab- 
iiants  or  over. 

[Approved  March  23,   1893;    Stats.   1893,  p.  282.] 

Treasurer  to  appoint  deputies.     Salaries. 

Section  1.  In  all  counties,  and  cities  and  counties,  having  a  popula- 
tion of  two  hundred  thousand  inhabitants  or  over,  the  treasurer  may 
appoint  deputies  and  clerks  as  follows:  One  chief  deputy,  who  shall 
receive  a  salary  of  two  hundred  and  fifty  ($250)  dollars  per  month;  one 
clerk,  who  shall  receive  a  salary  of  one  hundred  and  twenty-five  ($125) 
dollars  per  month;  and  two  additional  deputies,  who  shall  receive  a 
salary  of  one  hundred  and  seventy-five  dollars  ($175)  per  month  each. 
Said  salaries  shall  be  audited,  allowed,  and  paid  out  of  the  general  fund. 

Conflicting  acts  repealed. 

See.  2.  All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby 
repealed. 

Act  takes  effect  vrhen. 

Sec.  3.     This  act  shall  take  effect  from  and  after  its  passage. 
Act  superseded  as  to  San  Francisco:   See  Charter  of  Saa  Francisco. 

An  Act  authorizing  the  controller  and  treasurer  to  transfer  to  the  general 
fund  all  moneys  now  in  the  state  drainage  construction  fund,  and  also, 
from  time  to  time,  to  transfer  to  the  general  fund  all  moneys  tluit  may 
hereafter  be  paid  into  the  state  drainage  construction  fund. 

[Approved  March  31,   1891;    Stats.   1891,  p.   237.] 
The  purpose  of  this  act  sufficiently  appears  from  its  title. 

An  Act  requiring  the  payment  into  the  state  treasury  of  all  moneys  he-^ 

longing  to  the  state,  received  by  the  various  state  institutions,  comniis-( 

sions,  and  officers,  and  directing  the  disposition  of  the  same.  ^ 

[1.   Approved  March  17,   1899;    Stats.   1899,  p.   110.      2.   Amended  March  20,   1905; 

Stats.    1905,    p.    382.     3.  Amended   June    14,    190G;    Stats.    Extra    Sess.    1906, 

p.  43.] 

The  purpose  of  this  act  sufficiently  appears  from  its  title. 


APPENDIX— SUBJECTS  OF  CIVIL  CODE. 

(1851) 


APPENDIX— SUBJECTS  OF  CIVIL  CODE. 

ACKNOWLEDGMENTS. 

An  Act  to  legalize  certain  acknmvledgments. 
[Approved  March  2,  1891;  Stats.  1891,  p.  20.      Superseded  by  Stats.  1897,  p.  29,  to 

the  same  effect.] 
■;  Defective   acknowledgments.     See   ante,    §  1207,    curing   defective   acknowledg- 

ments executed  before  January  1,  1903. 


An  Act  to  legalize  acJcnotdedgments  of  certificates  in  writing  required  "by 
section  tioo  of  an  act  entitled  "An  Act  to  provide  for  tJie  formation  of 
chambers  of  commerce,  boards  of  trade,  mechanic  institutes,  and  other 
Tcindred  protective  associations,"  approved  March  31,  1866,  heretofore 
made  or  talcen,  and  to  legalize  all  certificates  heretofore  made,  signed, 
and  acJcTwwledged,  and  filed  under  section  two  of  said  act. 
(Approved  March  10,  1885;  Stats.  1885,  p.  55.] 

Acknowledgments  legalized. 

Section  1.  All  acknowledgments  heretofore  made  or  taken  to  the 
certificate  in  writing  required  by  section  two  of  an  act  entitled  "An 
Act  to  provide  for  the  formation  of  chambers  of  commerce,  boards  of 
trade,  mechanic  institutes,  and  other  kindred  protective  associations," 
approved  March  thirty-first,  eighteen  hundred  and  sixty-six,  whether 
proven  by  a  witness  or  otherwise,  and  all  certificates  in  writing  hereto- 
fore made,  signed,  and  acknowledged,  and  filed  under  section  two  of 
said  act,  though  said  certificates  and  acknowledgments  be  defective  or 
irregular,  are  hereby  legalized  and  made  valid. 

Sec.  2.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 


ANIMALS. 

An  Act  to  prevent  combinations  to  obstruct  the  sale  of  Uve-st&ck  in  the 
state  of  California, 
[Approved  February  27,  1893;   Stats.  1893,  p.  30.] 
i  1.      Combinations  to  prevent  buying  live-stock  prohibited. 
I  2.      Corporation  prohibited. 
I  3.      By-laws  of   corporations. 
§  4.     Trusts,  combinations,  or  conspiracies. 
§  5.      Selling  livestock  at  any  market. 
5  6.     Punishment. 

(1853) 


1854  APPENDIX. 

ComTjinatlons  to  prevent  "bujrlng  live-stock  prohibited. 

Section  1.  It  shall  be  nulawful  for  any  two  or  more  persons,  or  cor- 
porations, to  combine  or  agree  together  to  do  any  act  which  will,  in  any 
respect,  prevent  any  person  from  buying  live-stock  at  any  place  in  this 
state  from  any  person  having  the  same  for  sale,  either  for  himself  or  as 
the  representative  or  agent  of  the  owner  of  the  same. 

Corporation  prohibited. 

Sec.  2.  It  shall  be  unlawful  for  any  corporation  organized  under  the 
laws  of  this  state,  or  any  board  of  directors  or  trustees,  or  stockholders, 
or  agents,  or  officers  of  any  corporation,  to  have,  pass,  or  enforce  any 
rule,  by-law,  or  regulation,  whereby  any  officer,  stockholder,  member, 
shareholder,  agent,  servant  thereof,  or  any  other  person  in  any  way 
interested  in  or  connected  with  such  corporation,  shall  in  any  respect  be 
prohibited,  prevented,  or  enjoined  from  buying  live-stock  from  any  other 
person  having  such  live-stock  for  sale,  either  as  owner  thereof,  or  as 
the  agent,  representative,  or  assistant  of  such  owner,  in  any  market  in 
this  state  where  live-stock  is  brought  to  be  sold. 

By-laws  of  corporations. 

Sec.  3.  Every  rule,  regulation,  or  by-law  of  any  corporation  doing 
business  in  this  state,  which  has  for  its  purpose,  or  which,  directly  or 
indirectly,  tends  to  prevent  its  members  or  stockholders  from  freely 
purchasing  livestock  from  any  person  lawfully  having  the  same  for 
sale,  upon  any  live-stock  market  of  this  state,  are  hereby  declared  to 
be  contrary  to  the  public  policy  of  this  state,  and  unlawful  and  void; 
and  any  person  or  persons  who  shall  attempt,  directly  or  indirectly,  to 
enforce  any  such  rule,  regulation,  or  by-law,  shall  be  deemed  guilty  of 
a  misdemeanor,  and,  in  addition  to  the  penalties  prescribed  by  this  act, 
shall  be  personally  liable  for  all  damages  which  may  arise  from  the 
enforcement  of  such  rule,  regulation,  or  by-law,  to  any  person  damaged 
thereby. 

Trusts,  combinations,  or  conspiracies. 

Sec.  4.  No  trusts,  combinations,  or  conspiracies  shall  be  organized 
or  exist  in  this  state,  to  prevent  any  person  or  persons,  or  corporation, 
from  selling  live-stock  on  commission,  for  such  an  amount  of  commis- 
sion as  any  person  engaged  in  the  business  may  see  fit  to  charge;  and 
all  rules,  regulations,  by-laws,  or  agreements  of  any  corporation,  asso- 
ciation, society,  or  combination  of  persons,  whereby  any  such  corpora- 
tion, society,  association,  or  combination  of  individuals  are  required  to 
charge  not  less  than  a  given  sum  for  commissions,  or  whereby  any  per- 
son or  commission  merchant  is,  in  any  respect,  restrained  from  charging 
less  than  a  certain  fixed  sum  for  his  services  as  such  commission  mer- 
chant in  the  sale  of  live-stock,  are  hereby  declared  to  be  contrary  to  the 
public  policy  of  this  state,  and  unlawful.  And  any  person  who  shall 
enter  into  any  such  trust,  combination,  or  conspiracy,  or  who  shall  en- 
force or  aid,  abet,  assist,  or  encourage  the  enforcement  of  any  such 
rule,  regulation,  by-law,  or  agreement,  shall  be  liable  to  the  penalties 


ANIMALS.  1855 

prescribed  by  this  act,  and  also  shall  be  personally  liable  to  any  person, 
individual,  society,  or  corporation  who  may  be  injured  in  his  property 
or  business  thereby,  to  the  full  extent  of  the  injury  resulting  thcrcfrora. 

Selling  live-stock  at  any  market. 

Sec.  5.  Whoever  shall,  directly  or  indirectly,  be  a  party  to  any  com- 
bination, conspiracy,  or  association,  which  attempts,  directly  or  in- 
directly, to  prevent  any  other  person  from  freely  selling  live-stock  at 
any  market  m  this  state  for  such  persons  as  see  fit  to  engage  his  ser- 
vices, or  shall  endeavor  to  compel,  directly  or  indirectly,  any  person  to 
charge  not  less  than  a  fixed  minimum  sum  for  services  in  the  sale  of 
live-stock,  or  shall,  in  any  way,  hinder  or  prevent  another  from  lawfully 
selling  live-stock  for  another,  for  such  rate  of  commission  as  may  be 
agreed  upon  by  the  owner  of  the  live-stock  and  the  commission  mer- 
chant, shall  be  deemed  guilty  of  a  misdemeanor,  and  suffer  the  penalties 
prescribed  by  this  act,  and  shall  be  personally  liable  to  any  one  ag- 
grieved thereby,  for  the  full  amount  of  any  damage  sustained  by  such. 
person. 

Punishment. 

Sec.  6.  Any  one  who  shall  violate  the  provisions  of  this  act  shall 
be  punished  by  a  fine  in  any  sum  not  less  than  five  hundred  dollars, 
and  not  more  than  five  thousand  dollars,  or  by  imprisonment  in  the 
county  jail  not  exceeding  one  year,  or  by  either  or  both,  in  the  discre- 
tion of  the  court,  and  shall  be  liable,  in  civil  action,  to  any  person 
aggrieved,  in  such  damages  as  he  or  she  may  have  sustained  by  the 
violation  of  this   act. 

Sec.  7.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 


1856  APPENDIX. 


BANKING. 

An  Act  to  define  and  regulate  the  husiness  of  tanTcing. 
[Approved  March  1,  1909;  Stats.  1909,  p.  87.] 

BANK  ACT. 
Article  T.      General  Provisions.      §§  1—51. 
II.      Savings  Banks.      §§  60-69. 
III.      Commercial  Banks.      §§  80-83. 
IV.      Trust  Companies.      §§  90-106. 
V.     State  Banking  Department.      §§  120-147. 

ARTICLE  I. 
General  Provisions. 

§    1.  Title  of  act. 

§     2.  Definition  of  word  'Tbank." 

§     3.  Corporations,  how  formed. 

§     4.  Savings  bank,  meaning  of  term. 

§     5,  Commercial  bank. 

§     6.  Trust  company. 

§     7.  Foreign  corporations,  requirements  of. 

§     8.  Certificates  to  do  business. 

§     9.  Branch  offices. 

§  10.  Directors,  who  are  eligible. 

§  11.  Director,  oath  required  of. 

§  12.  Term  "bank"  must  not  be  used,  when. 

§  13.  Unincorporated  banks. 

§  14.  Advertising  statements,  to  contain  what. 

§  15.  Depositors  known  to  be  dead,  statement  of. 

§  16.  Deposits  by  married  women  or  minors.     Joint  tenants.     Deceased  depositors, 

who  may  collect  for. 

§  17.  Stockholders,  list  of  to  be  accessible. 

§  18.  Partnership,  list  of. 

§  19.  Capital;  deposit  liabilities. 

§  20.  Lawful  money  reserve. 

§  21.  Dividends.      Surplus  fund. 

§  22.  Departmental  banking. 

§  23.  Capital  required. 

§  24.  Certificate  for  each  department  required. 

§  25.  Department  money  reserve.     Deposits,  transfer  of  to  other  departments. 

§  26.  Books  of  account  to  be  kept  separate. 

§  27.  Depositors,  security  for. 

§  28.  Window-signs,  must  contain,  what. 

§  29.  Non-stock  corporations  heretofore  created. 

§  30.  Safe  deposits. 

§  31.  Sale  of  assets.     Agreement  of  sale  and  purchase,  to  contain  what. 

§  32.  Trust  funds. 

§  33.  Officers  not  to  borrow  funds. 

§  34.  Capital  stock,  purchase  of. 


BANKING.  1857 

§  35.  Mortgages,  restrictions  on  purchase  of, 

§  36.  Bonds,  purchase  of. 

§  37.  Shares  of  corporations. 

§  38.  Penal  liabilities  of  directors  and  employees. 

§  39.  Same. 

§  40.  Stockholders'  liability,  waiver  of. 

§  41.  Purchase  of  obligations. 

§  42.  Purchase  of  assets. 

§  43.  Deposits  in  other  banks. 

§  44.  Loans  on  bank  stock. 

§  45.  Interest  unpaid. 

§  46.  Loans  on  bonds. 

§  47.  Loans  on  realty. 

§  48.  National  banks,  examination  of. 

§  49.  Savings  banks,  advertising  as. 

§  50.  Posting  of  certificale. 

§  51.  Deposits  by  order  of  court. 

Title  of  act. 

Section  1.  This  act  shall  be  known  as  the  "Bank  Act,"  and  shall 
be  applicable  to  all  corporations  and  individuals  specified  in  the  next 
section. 

Definition  of  word  "bank." 

Sec.  2.  The  word  "bank"  as  used  in  this  act  includes  every  person, 
firm,  company,  copartnership  or  corporation  which  conducts  the  business 
of  receiving  money  on  deposit.  Banks  are  divided  into  the  following 
classes: 

(a)  Savings  banks; 

(b)  Commercial  banks;  and 

(c)  Trust  companies. 

Corporations,  how  formed. 

Sec.  3.  Corporations  may  be  formed  under  the  laws  of  this  state  to 
conduct,  as  provided  in  this  act,  and  not  otherwise,  any  one  or  all  of 
the  businesses  mentioned  in  divisions  a,  b  and  c  of  section  2,  of  this 
act. 

Savings  bank,  meaning  of  term. 

Sec.  4.  The  term  "savings  bank,"  when  used  in  this  act,  means  a  bank 
organized  for  the  purpose  of  accumulating  and  loaning  the  funds  of  its 
members,  stockholders,  and  depositors,  and  which  may  loan  and  invest 
the  funds  thereof,  receive  deposits  of  money;  loan,  invest  and  collect  the 
same  with  interest;  and  may  repay  depositors  with  or  without  interest, 
and  having  power  to  invest  said  funds  in  such  property,  securities  and 
obligations  as  may  be  prescribed  by  this  act;  and  to  declare  and  pay 
dividends  on  its  general  deposits,  and  a  stipulated  rate  of  interest  on 
deposits  made  for  a  stated  period  or  upon  special  terms. 

Commercial  bank. 

Sec.  5.  The  term  "commercial  bank,"  when  used  in  this  act,  means 
any  bank  authorized  by  law  to  receive  deposits  of  money,  deal  in  com- 


1858  APPENDIX. 

mercial  paper  or  to  make  loans  thereon,  and  to  lend  money  on  real  or 
personal  property,  and  to  discount  bills,  notes,  or  other  commercial 
paper,  and  to  buy  and  sell  securities,  gold  and  silver  bullion,  or  foreign 
coins  or  bills  of  exchange. 

Trust  company. 

Sec.  6.  The  term  "trust  company,"  when  used  in  this  act,  means  any 
company  which  is  incorporated  for  the  purpose  of  conducting  the  busi- 
ness of  acting  as  executor,  administrator,  guardian  of  estates,  assignee, 
receiver,  depositary,  or  trustee. 

Foreign  corporations,  requirements  of. 

Sec.  7.  No  foreign  corporation  shall  transact  a  banking  business  in 
this  state  without  first  complying  with  all  the  requirements  of  the  laws 
of  this  state  relative  to  banks  as  defined  in  this  act,  and  without  having 
the  capital  paid  up  in  this  state  as  required  by  this  act.  And  no  such 
foreign  corporation  shall  transact  any  banking  business  in  this  state 
until  it  has  executed  and  filed  with  the  superintendent  of  banks  a  writ- 
ten instrument  appointing  such  superintendent,  or  his  successor  in  office, 
its  true  and  lawful  attorney,  upon  whom  all  process  in  any  action  or 
proceeding  by  any  resident  of  the  state  against  it  may  be  served,  with 
the  same  effect  as  if  such  corporation  was  formed  under  the  laws  of 
this  state  and  had  been  lawfully  served  with  process  therein.  Service 
in  favor  of  a  resident  of  this  state  upon  such  attorney  shall  be  deemed 
personal  service  on  such  corporation.  The  superintendent  of  banks  shall 
forthwith  forward  by  mail  a  copy  of  every  process  served  upon  him 
under  the  provisions  of  this  section,  postage  prepaid,  and  directed  to 
the  secretary  of  such  corporation,  at  its  last '  known  post-office  address. 
For  each  copy  of  process,  the  superintendent  of  banks  shall  collect  the 
sum  of  two  dollars,  which  shall  be  paid  by  the  plaintiff  or  moving 
party  at  the  time  of  such  service,  to  be  recovered  by  him  as  part  of  his 
taxable  costs  if  he  succeed  in  the  suit  or  proceeding. 

Certificates  to  do  business. 

Sec.  8.  Every  corporation,  at  the  time  it  applies  for  a  certificate  to 
do  a  banking  business,  must  file  with  the  superintendent  of  banks  a 
certified  copy  of  its  articles  of  incorporation,  or  of  the  statute  charter- 
ing such  corporation,  also  all  instruments  amending  or  altering  such 
articles  of  incorporation  or  charter.  Thereafter  all  amendments  and  cer- 
tificates shall  likewise  be  so  filed  before  such  instruments  take  effect. 
In  like  manner  all  copartnerships  shall  file  certified  copies  of  their 
articles  of  copartnership  and  all  amendments  thereto. 

Branch  offices. 

Sec.  9.  No  bank  in  this  state,  or  any  officer  or  director  thereof,  shall 
hereafter  open  or  keep  an  office  other  tlian  its  principal  place  of  busi- 
ness, without  first  having  obtained  the  written  approval  of  the  super- 
intendent of  banks  to  the  opening  of  such  branch  office,  which  written 
approval  may  be  given  or  withheld  in  his  discretion,  and  shall  not  be 


BANKING.  1859 

given  by  him  until  he  has  ascertained  to  his  satisfaction  that  the  pub- 
lic convenience  and  advantage  will  be  promoted  by  the  opening  of  such 
branch  office;  and,  provided  furtlier,  that  no  bank  or  any  officer  or 
director  thereof,  shall  open  or  maintain  such  branch  unless  the  capital 
of  such  bank,  actually  paid  in  cash,  shall  exceed  the  amount  required 
by  this  act  by  the  sum  of  twenty-live  thousand  dollars  for  each  branch 
office  opened  and  maintained.  Every  bank,  and  every  such  officer  or 
director  violating  the  provisions  of  this  section  shall  be  guilty  of  a 
misdemeanor. 

Directors,  who  are  eligible. 

Sec.  10.  No  person  shall  be  eligible  for  election  as  a  director  of  a 
bank  unless  he  is  a  stockholder  of  the  bank,  owning,  in  his  own  right, 
shares  thereof  of  the  actual  market  value  of  at  least  five  hundred  dol- 
lars; and  every  person  elected  to  be  director  who,  after  such  election, 
shall  cease  to  be  the  owner  in  his  own  right  of  the  amount  of  stoclc 
aforesaid,  shall  then  cease  to  be  a  director  of  the  bank,  and  his  office 
shall  then  become  vacant.  If  a  bank  be  organized  without  capital  stock, 
no  person  shall  be  eligible  as  a  director  thereof  unless  he  is  both  a  mem- 
ber and  a  depositor  of  such  bank. 

Director,  oath  required  of. 

Sec.  11.  Each  director  of  a, bank,  when  appointed  or  elected,  shall 
take  an  oath  that  he  will,  so  far  as  the  duty  devolves  on  him,  diligently 
and  honestly  administer  the  affairs  of  such  bank,  and  will  not  know- 
ingly violate  or  willfully  permit  to  be  violated  any  of  the  provisions  of 
law  applicable  to  such  bank,  and  that  he  is  the  owner  in  good  faith 
and  in  his  own  right  of  the  shares  of  stock  of  the  actual  market  value 
required  by  section  10  of  this  act,  subscribed  by  him  or  standing  in  his 
name  on  the  books  of  the  bank,  and  that  the  same  is  not  hypothecated 
or  in  any  way  pledged  as  security  for  any  loan  or  debt;  and,  in  case  of 
re-election  or  reappointment,  that  such  stock  was  not  hypothecated  or 
in  any  way  pledged  as  security  for  any  loan  or  debt  during  his  previ- 
ous term.  Such  oath  shall  be  subscribed  by  the  director  making  it, 
and  certified  by  the  officer  before  whom  it  is  taken;  and  shall  be  imme- 
diately transmitted  to  the  superintendent  of  banks,  and  filed  and  pre- 
served in  his  office. 

Term  "bank"  must  not  be  used,  when. 

Sec.  12.  No  person,  firm,  company,  copartnership  or  corporation  not 
subject  to  the  supervision  of  the  superintendent  of  banks,  and  not 
required  to  report  to  him  by  the  provisions  of  this  act,  shall  make  use 
of  any  office  sign,  at  the  place  where  such  business  is  transacted,  having 
thereon  any  artificial  or  corporate  name,  or  other  words  indicating  that 
such  place  or  office  is  the  place  or  office  of  a  bank,  or  that  deposits  are 
received  there  or  payments  made  on  cheek,  or  any  other  form  of  bank- 
ing business  transacted,  nor  shall  such  person  or  persona,  firm,  company, 
copartnership  or  corporation  make  use  of  or  circulate  any  letter-heads, 
bill-heads,  blank  notes,  blank  receipts,  certificates  or  circulars,  or  any 


1860  APPENDIX. 

written  or  printed,  or  partly  written  and  partly  printed,  paper  whatever, 
having  thereon  any  artificial  or  corporate  name  or  other  word  or  words 
indicating  that  such  business  is  the  business  of  a  bank,  savings  bank  or 
trust  company.  Every  person,  firm,  company,  copartnership  or  officer  of 
a  corporation  violating  the  provisions  of  this  section  shall  be  guilty  of 
a  misdemeanor. 

Unincorporated  banks. 

Sec.  13.  Every  person  or  number  of  persons,  not  being  incorporated, 
engaged  in  the  business  of  banking  or  publicly  receiving  money  on 
deposits,  must  conduct  such  business  under  a  name  which  shows  the 
true  name  of  all  persons  engaged  therein,  unless  such  person  or  persona 
have  complied  with  the  provisions  of  article  7,  of  chapter  II,  of  title 
10,  of  part  IV  of  division  3  of  the  Civil  Code. 

Advertising  statements,  to  contain,  what. 

Sec.  14.  No  bank,  or  any  officer  thereof,  shall  advertise  in  any  man- 
ner, or  publish  any  statement  of  the  capital  authorized  or  subscribed, 
unless  it  or  he  advertise  and  publish,  in  connection  therewith,  the 
amount  of  capital  actually  paid  up.  Any  bank,  or  any  officer  thereof, 
advertising  in  any  manner,  or  publishing  any  statement  of  such  capital, 
authorized  or  subscribed,  without  a  statement  in  connection  therewith 
of  the  capital  actually  paid  up,  shall  be  guilty  of  a  misdemeanor. 

Depositors  known  to  be  dead,  statement  of. 

Sec.  15.  The  president  or  managing  officer  of  every  bank  must, 
within  fifteen  days  after  the  first  day  of  January  of  every  odd-numbered 
year,  return  to  the  superintendent  of  banks  a  sworn  statement  showing 
the  names  of  depositors  known  to  be  dead,  or  who  have  not  made  fur- 
ther deposits,  or  withdrawn  any  moneys  during  the  preceding  ten  years. 
Such  statements  shall  show  the  amount  of  the  account,  the  depositor's 
last  known  place  of  residence  or  post-office  address,  and  the  fact  of 
death,  if  known  to  such  president  or  managing  officer.  Such  presi- 
dent or  managing  officer  must  give  notice  of  these  deposits  in  one  or 
more  newspapers  published  in  or  nearest  to  the  town  or  city  where  such 
bank  has  its  principal  place  of  business,  at  least  once  a  week  for  four 
consecutive  weeks,  the  cost  of  such  publication  to  be  paid  pro  rata  out 
of  such  unclaimed  deposits.  This  section  does  not  apply  to  any  deposit 
made  by  or  in  the  name  of  a  person  known  to  the  president  or  man- 
aging officer  to  be  living,  or  which,  with  the  accumulation  thereon,  is 
less  than  fifty  dollars.  The  superintendent  of  banks  must  incorporate 
in  his  subsequent  report  such  returns  made  to  him  as  provided  in  this 
section.  Any  president  or  managing  officer  of  any  bank  who  neglects 
or  refuses  to  make  the  sworn  statement  required  by  this  section  shall 
be  guilty  of  a  misdemeanor. 

Deposits  by  married  women   or  minors.    Joint  tenants.    Deceased  de- 
positors, who  may  collect  for. 
Sec.  16.     When  any  deposit  with  a  bank  shall  be  made  by  or  in  the 

name  of  any  married  woman  or  minor,  the  same  shall  be  held  for  the 


BANKING.  1861 

exclusive  right  and  benefit  of  such  cTepositor,  and  free  from  the  control 
or  lien  of  all  other  persons,  except  creditors,  and  shall  be  paid,  together 
with  the  dividends,  if  any,  and  interest,  if  any,  thereon  to  the  person 
in  whose  name  deposits  shall  have  been  made,  and  the  receipt  or  ac- 
quittance of  such  minor  shall  be  a  valid  and  sufficient  release  and  dis- 
charge for  such  deposit,  or  any  part  thereof,  to  the  bank.  When  any 
deposit  with  a  bank  shall  be  made  by  any  person  in  trust  for  another, 
and  no  other  or  further  notice  of  the  existence  and  terms  of  a  legal 
and  valid  trust  shall  have  been  given  in  writing  to  such  bank,  in  the 
event  of  the  death  of  the  trustee,  the  same  or  any  part  thereof,  together 
with  the  dividends  or  interest,  if  any,  thereon,  may  be  paid  to  the  per- 
son for  whom  the  deposit  was  made.  When  a  deposit  with  a  bank  shall 
be  made  by  any  person  in  the  names  of  such  depositor  and  another 
person  or  persons,  and  in  form  to  be  paid  to  either  or  the  survivor 
or  survivors  of  them,  such  deposit  thereupon,  and  any  additions  thereto 
made  by  either  of  such  persons  upon  the  making  thereof,  shall  become 
the  property  of  such  persons  as  joint  tenants,  and  the  same,  together 
with  all  interest  thereon,  shall  be  held  for  the  exclusive  use  of  the 
persons  so  named,  and  may  be  paid  to  either  during  the  lifetime  of  all 
or  any  or  to  the  survivor  or  survivors  after  the  death  of  one  or  more 
of  them,  and  such  payments  and  the  receipt  or  acquittance  of  the  one 
to  whom  such  payment  is  made  shall  be  a  valid  and  sufficient  release 
and  discharge  to  said  bank  for  all  payments  made  on  account  of  such 
deposit. 

The  surviving  husband  or  wife  of  any  deceased  person,  or,  if  no  hus- 
band or  wife  is  living,  then  the  children  of  such  decedent,  and  if  no 
children  are  living,  then  the  father  or  mother  of  such  decedent,  may, 
without  procuring  letters  of  administration,  collect  of  any  bank  any 
sum  which  said  deceased  may  have  left  on  deposit  in  such  bank  at  the 
time  of  his  or  her  death;  provided,  such  deposit  shall  not  exceed  the 
sum  of  five  hundred  dollars.  Any  bank,  upon  receiving  an  affidavit 
stating  that  said  depositor  is  dead,  and  that  affiant  is  the  surviving  hus- 
band or  wife,  as  the  case  may  be,  or  stating  that  decedent  left  no 
husband  or  wife,  and  that  affiant  is,  or  affiants  are,  the  children,  or  the 
father  or  mother,  of  said  decedent,  and  that  the  whole  amount  that 
decedent  left  on  deposit  in  any  and  all  banks  of  deposit  in  this  state 
does  not  exceed  the  sum  of  five  hundred  dollars,  may  pay  to  said  affiant 
or  affiants  any  deposit  of  said  decedent,  if  the  same  does  not  exceed 
the  sum  of  five  hundred  dollars,  and  the  receipt  of  such  affiant  is 
sufficient  acquittance  therefor. 

Stockholders,  list  of  to  be  accessible. 

Sec.  17.  Every  bank  now  in  existence  or  hereafter  organized  shall 
keep  in  its  offices,  in  a  place  accessible  to  the  stockholders,  depositors, 
and  creditors  thereof,  and  for  their  use,  a  book  containing  a  list  of 
stockholders  in  such  corporation,  and  the  number  of  shares  of  stock  held 
by  each;  and  every  such  bank  shall  keep  posted  in  its  office,  in  a  con- 
spicuous place,  accessible  to  the  public  generally,  a  notice  signed  by  the 
president  or  secretary,  showing: 


1862  APPENDIX. 

1.  The  names  of  the  directors  of  such  bank. 

2.  The  number  and  the  par  value  of  the  shares  of  stock  held  by  each 
director. 

The  entries  on  such  book  and  such  notice  shall  be  made  and  posted 
within  twenty-four  hours  after  any  transfer  of  stock,  and  shall  be 
prima  facie  evidence  against  each  director  and  stockholder  of  the  num- 
ber of  she  res  of  stock  held  by  each. 

Partnership,  list  of. 

Sec.  18.  Every  copartnership  doing  a  banking  business  shall  keep 
in  its  office,  in  a  place  accessible  to  the  partners  and  depositors  and  the 
creditors  thereof,  a  list  of  the  partners  and  the  capital  paid  into  the 
copartnership  of  each  partner. 

Capital;  deposit  liabilities. 

Sec.  19.  The  aggregate  of  paid-up  capital,  together  with  the  sur- 
plus, of  every  bank,  must  equal  ten  per  centum  of  its  deposit  liabilities; 
such  deposit  liabilities  shall  not  be  increased  when  such  proportion  of 
paid-up  capital  and  surplus  is  wanting,  and  in  no  event  shall  said  paid- 
up  capital  be  less  than  the  minimum  paid-up  capital  provided  by  this 
act.  And,  provided  also,  that  no  savings  bank  shall  be  required  to 
have  a  paid-up  capital  and  surplus  of  more  than  one  million  dollars  or 
if  organized  without  a  capital  stock,  a  reserve  fund  of  more  than  one 
million  dollarg. 

Lawful  money  reserve. 

Sec.  20.  Every  bank,  other  than  a  savings  bank,  shall  at  all  times 
have  on  hand,  in  lawful  money  of  the  United  States,  gold  and  silver 
coin,  gold  certificates  or  silver  certificates,  an  amount  equal  to  fifteen 
per  centum  of  the  aggregate  amount  of  its  deposits,  exclusive  of  state, 
county  and  municipal  deposits.  The  amotint  thus  to  be  kept  on  hand 
shall  be  called  its  lawful  money  reserve.  Three  fifths  of  such  lawful 
money  reserve  of  any  bank  other  than  a  savings  bank  may  consist  of 
moneys  on  deposit  subject  to  call  with  any  bank  or  banks  other  than  a 
savings  bank  in  this  state;  provided,  that  every  bank  receiving  deposits 
of  other  banks  shall  maintain  as  a  lawful  money  reserve  at  least  twenty 
per  centum  of  the  aggregate  amount  of  its  deposits,  exclusive  of  state, 
county  and  municipal  deposits.  If  the  lawful  money  reserve  of  any 
bank  shall  be  less  than  the  amount  required  by  this  section,  such  bank 
shall  not  increase  its  liability  by  making  any  new  loans  or  discounts, 
otherwise  than  by  discounting  bills  of  exchange  payable  on  sight,  or 
making  any  dividends  from  profits  until  the  full  amount  of  its  lawful 
money  reserve  has  been  restored.  The  superintendent  of  banks  may 
notify  any  bank,  whose  lawful  money  reserve  shall  be  below  the  amount 
herein  required,  to  make  good  such  reserve;  and,  if  it  shall  fail  for 
thirty  days  thereafter  to  make  good  such  reserve,  such  bank  shall  be 
deemed  insolvent  and  may  be  proceeded  against  under  the  provisions  of 
this  act. 


BANKING.  1863 

Dividends.     Surplus  fund. 

Sec.  21.  The  directors  of  banks  having  a  capital  stock  may,  at  such 
times  and  in  such  manner  as  the  by-laws  preseril)e,  declare  and  pay- 
dividends  to  depositors  and  stockholders  of  so  much  of  the  profits  of 
the  bank,  and  of  the  interest  arising  from  the  capital  and  deposits,  as 
may  be  appropriated  for  that  purpose  under  the  by-laws  or  under  their 
agreements  with  depositors,  but  every  such  bank  shall,  before  the  decla- 
ration of  such  dividend,  carry  at  least  one  tenth  (1-10)  part  of  the  net 
profits  of  the  stockholders  for  the  preceding  half-year  to  its  surplus  or 
reserve  fund  until  the  same  shall  amount  to  twenty-five  per  centum  of 
its  paid-up  capital  stock.  But  the  whole  or  any  part  of  such  surplus  or 
reserve  fund,  if  held  as  the  exclusive  property  of  stockholders,  may  at 
any  time  be  converted  into  paid-up  capital  stock,  in  which  event  such 
surplus  or  reserve  fund  shall  be  restored  in  manner  as  above  provided 
until  it  amounts  to  twenty-five  per  centum  of  the  aggregate  paid-up 
capital  stock.  A  larger  surplus  or  reserve  fund  may  be  created,  and 
nothing  herein  contained  shall  be  construed  as  prohibitory  thereof.  The 
capital  and  the  assets  of  the  bank  are  a  security  to  depositors  and 
stockholders,  depositors  having  the  priority  of  security  over  the  stock- 
holders, but  the  by-laws  may  provide  that  the  same  security  shall  extend 
to  deposits  made  by  stockholders. 

Departmental  banking. 

Sec.  22.  Any  corporation  authorized  by  its  articles  of  incorporation 
so  to  do,  may  combine  the  business  of  a  commercial  bank  and  savings 
bank  and  trust  company,  or  any  or  all  of  them. 

Capital  required. 

Sec.  23.  Every  bank  doing  a  departmental  business,  shall  have  paid 
up  in  cash  a  capital  stock  of  not  less  than  twenty-five  thousand  dollars 
if  it  transacts  both  a  commercial  and  savings  business;  and  paid  up  in 
cash  a  capital  stock  of  not  less  than  two  hundred  twenty-five  thousand 
dollars  if  it  transacts  both  a  commercial  and  trust  business;  and  paid 
up  in  cash  a  capital  stock  of  not  less  than  two  hundred  twenty-five  thou- 
sand dollars  if  it  transacts  both  a  savings  and  trust  business;  and  paid  up 
in  cash  a  capital  stock  of  not  less  than  two  hundred  twenty-five  thousand 
dollars  if  it  transacts  a  commercial,  savings  and  trust  business.  Such 
capital  stock  shall  be  increased  from  time  to  time  in  the  same  manner 
and  to  the  same  extent  as  provided  for  in  section  nineteen  of  this  act. 

Certificate  for  each  department  required. 

Sec.  24.  Every  bank,  before  it  commences  to  do  business  or  before 
it  opens  a  new  department  and  commences  to  transact  business  in  or 
under  such  new  department,  shall  obtain  the  certificate  of  the  superin- 
tendent of  banks  for  the  opening  of  each  of  the  departments  specified. 
Each  certificate  herein  provided  for  shall  be  given  when  the  superin- 
tendent shall,  by  the  examination  required  by  this  act,  have  satisfied 
himself  that  the  proper  amount  of  cash  has  been  paid  in  as  capital  and 


28G4  APPENDIX. 

the  provisions  of  this  act   complied  with.     The  applicant  shall  pay  for 
such  certificate   a  fee  of  fifty  dollars. 

Department  money  reserve.    Deposits,  transfer  of  to  other  departments. 

Sec.  25.  Every  bank  shall  maintain  for  each  department  a  lawful 
money  reserve  equal  in  amount  to  that  required  by  this  act  for  the 
respective  business  conducted,  and  shall  keep  separate  and  distinct  the 
lawful  money  reserve  of  any  department  from  that  of  anj^  other  depart- 
ment; and  all  deposits  made  with  other  banks,  whether  temporary  or 
otherwise,  shall  be  assets  of  the  respective  departments  by  which  they 
were  made,  and  shall  be  so  carried  on  the  books  of  such  other  banks, 
and  shall  be  repaid  only  upon  the  order  of  the  department  to  whose 
credit  they  stand. 

No  department  shall  receive  deposits  of  any  other  department  of  the 
same  corporation;  provided,  however,  that  any  bank  having  departments 
shall  have  the  right  to  sell  and  transfer  any  bonds,  securities  or  loans 
from  one  department  to  another  upon  receipt  of  the  actual  value  thereof, 
if  such  bonds,  securities  or  loans  are  a  legal  investment  for  the  depart- 
ment purchasing  the  same  under  the  provisions  of  this  act. 

Books  of  account  to  be  kept  separate. 

Sec.  26.  Every  bank  having  different  departments  shall  keep  separate 
books  of  account  for  each  department  of  its  business,  and  shall  be  gov- 
erned as  to  all  deposits,  reserves,  investments  and  transactions  relating 
to  each  department  by  the  provisions  in  this  act  specifically  provided 
for  the  respective   kind  of  business. 

It  shall  keep  all  investments  relating  to  the  savings  department  en- 
tirely separate  and  apart  from  the  investments  of  its  other  department 
or  departments. 

Every  bank  shall  conduct  the  business  of  all  its  departments  in  one 
building,  or  in  adjoining  buildings,  and  shall  keep  entirely  separate 
and  apart  in  each  department  the  cash,  securities  and  property  belong- 
ing to  such  department,  and  shall  not  mingle  the  cash,  securities  and 
property  of  one  department  with  that  of  another. 

Depositors,  security  for. 

Sec.  27.  All  money  belonging  to  each  department,  whether  cash  on 
hand  or  with  other  banks,  and  the  investments  made,  shall  be  held 
solely  for  the  repayment  of  the  depositors  in  said  department,  until  all 
depositors  of  such  department  shall  have  been  paid,  and  the  overplus 
then  remaining  shall  be  applied  to  the  other  liabilities  of  such  bank. 

Window-signs,  must  contain,  what. 

Sec.  28.  Every  individual,  firm  or  corporation  doing  a  banking  busi- 
ness in  this  state  must,  on  all  its  window-signs  and  in  advertising,  and 
on  letter-heads  and  other  stationery  on  which  its  business  is  transacted, 
use  the  word  "savings"  if  it  conducts  a  savings  busi-ness,  or  the  word 
"trust"  if  it  conducts  a  trust  department,  and  the  word  "commercial"  if 
it  conducts  a  commercial  department. 


BANKING.  1865 

Non-stock  corporations  heretofore  created. 

Sec.  29.  Every  corporation  heretofore  created  nnder  the  laws  of  this 
state,  doing  a  banking  business  therein,  and  which  has  no  capital  stock, 
may  elect  to  have  a  capital  stock,  and  may  issue  certificates  of  stock 
therefor,  in  the  same  manner  as  corporations  formed  under  the  provisions 
of  part  IV,  title  I,  chapter  I,  article  I,  of  the  Civil  Code,  relating  to 
the  formation  of  corporations;  provided,  that  no  such  corporation  shall 
use  or  convert  any  moneys  or  funds  theretofore  belonging  to  it,  or 
under  its  control,  into  capital  stock;  but  such  funds  or  moneys  must  be 
held  and  managed  only  for  the  purposes  and  in  the  manner  for  which 
they  were  created.  Before  such  change  is  made,  a  majority  of  the 
members  of  such  corporation  present  at  a  meeting  called  for  the  purpose 
of  considering  the  proposition  whether  it  is  best  to  have  a  capital 
stock,  its  amount,  and  the  number  of  shares  into  which  it  shall  be 
divided,  must  vote  in  favor  of  having  a  capital  stock,  fix  the  amount 
thereof,  and  the  number  of  shares  into  which  it  shall  be  divided.  No- 
tice of  the  time  and  place  of  holding  such  meeting,  and  its  object,  must 
be  given  by  the  president  of  such  corporation  by  mailing  notice  of  such 
meeting  to  each  member  of  such  corporation  at  his  last  known  post- 
office  address  at  least  ten  days  prior  to  the  day  fixed  for  such  meeting, 
and  by  publication  in  some  newspaper  printed  and  published  in  the 
county,  or  city  and  county,  in  which  the  principal  place  of  business  of 
the  corporation  is  situated,  at  least  once  a  week  for  three  successive 
weeks  prior  to  the  holding  of  the  meeting.  A  copy  of  the  proceedings 
of  this  meeting,  giving  the  number  of  persons  present,  the  votes  taken, 
the  notice  calling  the  meeting,  the  proof  of  its  publication,  the  amount 
of  capital  actually  subscribed,  and  by  whom,  all  duly  certified  by  the 
president  and  secretary  of  the  corporation,  must  be  filed  in  the  office  of 
the  secretary  of  state  and  clerk  of  the  county  where  the  articles  of 
incorporation  are  filed.  Thereafter  such  corporation  is  possessed  of  all 
the  rights  and  powers,  and  is  subject  to  all  the  obligations,  restrictions, 
and  limitations,  as  if  it  had  been  originally  created  with  a  capital  stock. 

Safe  deposits. 

Sec.  30.  Any  bank  may  conduct  a  safe-deposit  department,  but  shall 
not  invest  more  than  one  tenth  of  its  capital  and  surplus  in  such  safe- 
deposit   department. 

Sale  of  assets.     Agreement  of  sale  and  purchase,  to  contain  what. 

Sec  31.  Any  bank  may  sell  the  whole  or  any  portion  of  its  assets  to 
any  other  bank  which  may  purchase  its  assets  after  obtaining  the  con- 
sent of  the  stockholders  of  the  selling  and  of  the  purchasing  bank  hold- 
ing of  record  at  least  two  thirds  of  the  issued  capital  stock  of  each  of 
such  corporations;  such  consent  to  be  expressed  either  in  writing 
executed  and  acknowledged  by  such  stockholders  and  attached  to 
the  instrument  of  sale,  or  to  a  copy  thereof,  or  by  vote  at  a  stock- 
holders' meeting  of  such  banks  called  for  that  purpose. 

The  selling  and  purchasing  banks  maj'  for  such  purposes  enter  into  an 
agreement  of  sale  and  purchase,  which  agreement  shall  contain  all  the 


18GG  APPENDIX. 

terms  and  conditions  connected  with  the  sale  and  purchase  of  its  as- 
sets. 

Such  agreement  shall  contain  proper  provision  for  the  payment  of 
liabilities  of  the  selling  bank,  and  in  this  particular  shall  be  subject 
to  the  approval  of  the  superintendent  of  banks;  and  shall  not  be  valid 
until  such  approval  is  obtained.  Such  agreement  may  contain  provisions 
for  the  transfer  of  all  deposits  to  the  purchasing  bank,  subject,  however, 
to  the  right  of  every  depositor  of  the  selling  bank  to  withdraw  his  de- 
posit in  full  on  demand  after  such  transfer,  irrespective  of  the  terms 
under  which  it  was  deposited  with  the  selling  bank. 

Trust  funds. 

Sec.  32.  Any  bank  receiving  trust  funds  in  accordance  with  the  pro- 
visions of  this  act  relating  to  trust  companies  must  not  mingle  such 
trust  funds  with  the  other  assets  of  the  corporation,  and  such  funds 
shall  not  be  carried  or  counted  as  any  part  of  the  lawful  reserve  pro- 
vided for  in  this  act.  The  officers  of  any  bank  who  knowingly  violate 
or  consent  to  the  violation  of  this  provision  shall  be  guilty  of  a  felony. 

Officers  not  to  borrow  funds. 

Sec.  33.  No  officer  or  employee  of  any  bank  shall,  directly  or  indi- 
rectly, for  himself  or  as  the  partner  or  agent  of  others,  borrow  any  of 
the  deposits  or  other  funds  of  such  bank,  nor  shall  he  nor  any  director 
become  an  indorser  or  surety  for  loans  to  others  nor  in  any  manner 
be  obligor  for  monej's  borrowed  or  loaned  by  such  bank.  The  office  of 
any  officer  or  employee  who  acts  in  contravention  of  the  provisions  of 
this  section  shall  immediately  become  vacant,  and  he  shall  be  guilty  of 
a  misdemeanor. 

Capital  stock,  purchase  of. 

Sec.  34.  No  bank  shall  purchase  or  invest  its  capital  or  money  of  its 
depositors,  or  any  part  of  cither,  in  the  shares  of  its  own  capital  stock; 
nor  loan  its  capital  or  the  money  of  its  depositors,  or  any  part  of  either, 
on  the  shares  of  its  own  capital  stock,  unless  such  purchase  or  loan 
shall  be  necessary  to  prevent  loss  on  debts  previously  contracted  in 
good  faith. 

Stock  thus  purchased  or  carried  shall,  within  six  months  from  the 
time  of  its  purchase,  be  sold  or  disposed  of  at  public  or  private  sale. 

The  officers  of  any  bank  who  knowingly  violate  or  consent  to  the  vio- 
lation of  this  provision  shall  be  guilty  of  a  felony. 

Mortgages,  restrictions  on  purchase  of. 

Sec.  35.  No  director,  or  officer,  or  employee,  or  controlling  stook- 
holder  of  any  bank  shall,  directly  or  indirectly,  for  himself  or  as  the 
partner  or  agent  of  others,  sell  or  transfer,  or  cause  to  be  sold  or  trans- 
ferred to  the  bank  of  which  he  is  a  director,  officer,  emijloyee,  or  con- 
trolling stockholder,  any  mortgage  on  real  estate  or  contract  arising 
from  the  sale  of  real  estate  made  by  any  corporation  or  syndicate  in 
which  such  director  or  officer,  or  employee,  or  controlling  stockholder  is 


BANKING.  1867 

personally  or  financi.illy  interested,   without   the   consent  in  writing   of 
the  superintendent  of  banks. 

Any  director,  or  officer,  or  employee,  or  controlling  stockholder  of  any 
bank  who  knowingly  violates  or  consents  to  the  violation  of  this  pro- 
vision shall  be  deemed  guilty  of  a  felony. 

Bonds,  purchase  of. 

Sec.  30.  No  bank  receiving  deposits  of  money  shall  purchase,  agree 
to  purchase,  underwrite  or  guarantee  any  bond  issue  in  excess  of  five 
per  centum  of  its  assets,  except  bonds  of  the  United  States,  of  the  state 
of  California,  of  the  cities,  cities  and  counties,  counties  or  school  dis- 
tricts of  this  state. 

Shares  of  corporations. 

See.  37.  No  bank  shall  purchase,  or  invest  its  capital  or  money  of  its 
depositors,  or  any  part  of  either,  in  shares  of  corporations,  unless  such 
purchase  shall  be  necessary  to  prevent  loss  on  debts  previously  con- 
tracted in  good  faith,  and  stock  thus  purchased  or  carried  shall,  within 
six  months  from  the  time  of  its  purchase,  be  sold  or  disposed  of  at 
public  or  private  sale,  unless  permission  to  hold  said  stock  for  a  longer 
period  shall  be  obtained  from  the   superintendent  of  banks. 

The  ofiieers  of  any  bank  who  knowingly  violate  or  consent  to  the 
violation  of  this  provision  shall  be  deemed  guilty  of  a  felony. 

Penal  liabilities  of  directors  and  employees. 

Sec.  38.     A  director,  officer,  agent  or  employee  of  any  bank  who, 

First — Knowingly  receives  or  possesses  himself  of  any  of  its  prop- 
erty otherwise  than  in  payment  for  a  just  demand,  and  with  intent  to 
defraud,  omits  to  make  or  to  cause  or  direct  to  be  made  a  full  and  true 
entry  thereof  in  its  books  and  accounts;   or, 

Second — Concurs  in  omitting  to  make  any  material  entry  thereof; 
or. 

Third — Knowingly  concurs  in  making  or  publishing  any  written  re- 
port, exhibit  or  statement  of  its  affairs  or  pecuniary  condition  contain- 
ing any  material  statement  which  is  false;  or. 

Fourth — Having  the  custody  or  control  of  its  books,  willfully  refuses 
or  neglects  to  make  any  proper  entry  in  the  books  of  such  corporation 
as  required  by  law,  or  to  exhibit  or  allow  the  same  to  be  inspected  and 
extracts  to  be  taken  therefrom  by  the  superintendent  of  banks,  his  chief 
deputy  or  any  of  his  examiners,  shall  be  guilty  of  a  felony. 

Same. 

Sec.  39.  Any  officer,  director,  agent,  teller,  clerk  or  employee  of  any 
bank  who   either, 

First — Knowingly  overdraws  his  account  with  such  bank,  and  thereby 
obtains  the  money,  notes  or  funds  of  any  such  bank;   and, 

Second — Asks  or  receives  or  consents  or  agrees  to  receive  any  com- 
missions, emolument,  gratuity  or  reward,  or  any  money,  property  or 
thing  of  value  or  of  personal  advantage,  for  procuring  or  endeavoring 


1868  APPENDIX. 

to  procure  for  any  person,  firm  or  corporation  any  loan  from,  or  the 
purchase  or  discount  of  any  paper,  note,  draft,  check  or  bill  of  exchange, 
by  such  bank,  or  for  permitting  any  person,  firm  or  corporation  to  over- 
draw any  account  with  such  bank,  is  guilty  of  a  felouA\ 

Stockholders'  liability,  waiver  of. 

Sec.  40.  No  bank  mentioned  in  this  act  shall  make  any  contract 
with  any  of  its  depositors  whereby  the  stockholders'  liability  provided 
for  by  the  constitution  of  this  state  is  in  any  manner  waived,  and  if 
any  such  contract  shall  be  so  made,  such  contract  shall  be  void. 

Purchase  of  obligations. 

Sec.  41.  No  director,  ofiicer,  agent,  or  servant  of  any  bank  shall,  di- 
rectly or  indirectly,  for  his  own  personal  benefit,  purchase  or  be  inter- 
ested in  the  purchase  of  any  of  the  obligations  of  said  bank  for  a  less 
sum  than  shall  appear  upon  the  face  thereof. 

Purchase  of  assets. 

Sec.  42.  No  director,  ofiicer,  agent,  or  servant  of  any  bank  shall,  di- 
rectly or  indirectly,  for  his  own  personal  benefit,  purchase  or  be  inter- 
ested in  the  purchase  of  any  of  the  assets  of  said  bank,  for  a  less  sum 
than  the  current  market  value  thereof.  Every  person  violatiiig  the  pro- 
visions of  this  subdivision  shall  be  guilty  of  a  misdemeanor. 

Deposits  in  other  banks. 

Sec.  4.3.  No  bank  shall  deposit  any  of  its  funds  with  any  other  bank, 
unless  such  other  bank  has  been  designated  as  a  depositary  for  its  funds 
by  the  vote  of  a  majority  of  the  directors  or  trustees  of  the  bank  mak- 
ing the  deposit,  exclusive  of  the  vote  of  any  director  or  trustee  who 
is  an  ofiicer,  director  or  trustee  of  the  depositary  so   designated. 

Loans  on  bank  stock. 

Sec.  44.  No  bank  shall  hereafter  make  a  loan  secured  by  the  stock 
of  another  bank,  if  by  making  such  loan  the  total  stock  of  such  other 
bank  held  by  such  loaning  bank  as  collateral  will  exceed  in  the  aggre- 
gate ten  per  centum  of  the  capital  stock  of  such  other  bank;  provided 
that  no  loan  upon  the  capital  stock  of  any  bank  shall  be  made  unless 
such  bank  has  been  in  existence  for  two  or  more  years  and  has  earned 
and  paid  a  dividend  upon  its  capital  stock. 

Interest  unpaid. 

Sec.  45.  Interest  unpaid,  although  due  or  accrued,  on  debts  owing  to 
any  bank,  shall  not  be  included  in  calculation  of  its  profits  previous  to 
a  dividend. 

Loans  on  bonds. 

Sec.  46.  No  bank  shall  invest  or  loan  more  than  five  per  centum  of 
its  assets  in  any  one  bond  issue,  except  bonds  of  the  United  States,  of 
the  state  of  California,  of  the  counties,  cities  and  counties,  cities  or 
school  districts  of  this  state. 


BANKING.  18G9 

Loans  on  realty. 

Sec.  47.  No  bank  shall  make  any  loan  on  real  estate  except  it  be  a 
first  lien,  but  this  provision  shall  not  prevent  the  aeccjitance  of  a  sec- 
ond lien  to  secure  the  payment  of  a  debt  previously  contracted  in  good 
faith. 

National  banks,  examination  of. 

Sec.  48.  Any  national  bank  of  this  state  receiving  the  deposits  of 
banks  organized  and  conducting  business  undew  this  act,  must,  at  the 
request  of  the  superintendent  of  banks,  submit  to  an  examination  by 
him,  or  his  duly  appointed  examiners,  should  the  superintendent  of  banks 
in  his  discretion  deem  it  necessary  or  desirable  that  such  examination 
be  made;  and  the  expense  of  sucji  examination  shall  be  paid  by  such 
national  bank;  and  if  any  such  national  bank  sliall  refuse  to  permit 
such  examination  to  be  made  by  the  superintendent  of  banks,  then  the 
superintendent  of  banks  shall  notify  in  writing  any  and  all  banks  de- 
positing its  funds  with  such  national  bank,  to  withdraw  its  deposits 
therefrom,  and  such  bank  shall  comply  with  such  order,  and  failure  so 
to  do  shall  be  a  misdemeanor. 

Savings  banks,  advertising  as. 

See.  49.  It  shall  not  be  lawful  for  any  commercial  bank,  individual 
banker,  trust  company,  association,  firm,  stock  company,  or  corporation, 
to  advertise  or  put  forth  a  sign  as  a  savings  bank,  either  directly  or 
indirectly,  or  in  any  way  to  solicit  or  receive  deposits  as  a  savings 
bank,  except  in  the  case  of  savings  banks  or  banks  having  a  savings 
department,  subject  to  the  provisions  of  this  act. 

Posting  of  certificate. 

Sec.  50.  Every  bank  shall  post  in  a  conspicuous  place  in  its  banking- 
room  the  last  certificate  obtained  from  the  superintendent  of  banks,  as 
provided  for  in  section  127  of  this  act.  Every  bank  that  fails  to  com- 
ply with  the  provisions  of  this  section  is  guilty  of  a  misdemeanor. 

Deposits  by  order  of  court. 

Sec.  51.  Any  court  having  appointed  and  having  jurisdiction  of  any 
executor,  administrator,  guardian,  assignee,  receiver,  depositary  or  trus- 
tee, upon  the  application  of  such  executor,  administrator,  guardian,  as- 
signee, receiver,  depositary  or  trustee,  or  upon  the  application  of  any 
person  having  an  interest  in  the  estate  administered  upon  by  such  offi- 
cer or  trustee,  after  notice  to  other  parties  in  interest  as  the  court  may 
direct,  and  after  a  hearing  upon  such  application,  may  authorize  such 
officer  or  trustee  to  deposit  any  money  then  in  his  hands  as  such  officer 
or  trustee  or  which  may  thereafter  come  into  his  hands,  and  until  the 
further  order  of  the  court,  in  any  bank  organized  under  the  laws  of  the 
state  of  California;  and  upon  such  deposit  being  made,  the  officer  or 
trustee  so  depositing  the  same  shall  thereafter  and  while  such  moneys 
remain  on  deposit  in  such  bank,  be  relieved  and  discharged  from  all 
liability  and  responsibility  therefor,  and  the  bond  required  of  such  offi- 


1870  APPENDIX. 

cer  or  trustee  given  upon  his  appointment  shall  be  thereupon  by  said 
court  reduced  to  such  an  amount  as  the  court  may  deem  reasonable; 
Buch  deposit  shall  be  repaid  only  upon  the  orders  of  said  court,  and 
shall  be  a  preferred  claim  against  such  bank  and  be  paid  in  full  before 
any  other   dej^ositor  of  such  bank  shall  have  been  paid. 


ARTICLE  II. 
*        Savings  Banks. 
§  60.     Capital  required. 

§  61.     May  hold  what  property.     May  hold  what  securities.     Restrictions. 
§  62.     Deposits,    debts   other  than   for.     Exchange,  rate   of.     SecuiiLies,   hypotheca- 
tion of. 
§  63.     Certificates  of  deposit,  issue  of.     Time  certificates. 
§  64,     Conditions  of  payment  to  depositors.     Reserve  fund. 
§  65.     Directors,  borrowing  by,  forbidden. 
§  66.      "Creation  of  debt"  defined. 
§  67.     Loans,  limit  on  and  security  for. 
§  68.     Lawful  reserve;  deposits  with  commercial  banks. 
§  69.     Savings  banks  to  be  conducted  under  provisions  of  this  act. 

Capital  required. 

Sec.  60.  Every  savings  bank  must  have  actually  paid  in  a  capital  stock 
of  not  less  than  twenty-five  thousand  dollars,  or,  if  organized  without 
capital  stock,  a  reserve  fund  of  at  least  one  million  dollars  and  until 
said  sum  of  twenty-five  thousand  dollars  or  said  sum  of  one  million 
dollars  shall  be  actually  paid  in,  the  superintendent  of  banks  shall  re- 
fuse to  issue  the  certificate  required  by  this  act;  provided  that  nothing 
herein  shall  be  construed  to  affect  the  provisions  of  section  twenty- 
three  of  this  act  relative  to  the  capital  stock  required  of  banks  doing  a 
departmental  business. 

May  hold  what  property.    May  hold  what  securities.    Restrictions. 

Sec.  61.  Savings  banks  may  purchase,  hold  and  convey  real  and  per- 
sonal property  as  follows: 

1.  The  lot  and  building  in  which  the  business  of  the  bank  is  carried 
on;  such  lot  and  building  shall  not  cost  the  savings  bank  an  amount 
exceeding  its  capital  and  surplus;  and  the  authority  of  a  two-thirds 
vote  of  a  full  board  of  directors  shall  be  necessary  to  authorize  the 
purchase  or  construction  thereof. 

2.  Such  as  may  have  been  mortgaged,  pledged,  or  conveyed  to  it  in 
trust  for  its  benefit  in  good  faith,  for  money  loaned  in  pursuance  of  the 
regular   business   of   the    corporation. 

3.  Such  as  may  have  been  purchased  at  sales  under  pledges,  mort- 
gages or  deeds  of  trust  made  for  its  benefit  for  money  so  loaned,  and 
such  as  may  be  conveyed  to  it  by  borrowers  in  satisfaction  and  dis- 
charge of  loans  made  thereon. 

No  savings  bank  shall  purchase,  hold,  or  convey  real  estate  in  any 
other  case  or  for  any  other  purpose;  and  all  real  estate  described  in 
subdivision  3  of  this  section  must  be  sold  by  the  bank  within  ten  years 


BANKING.  1871 

after  the  title  thereto  is  vested  in  it  by  purchase  or  otherwise,  unless 
permission  to  hold  said  real  estate  for  a  longer  period  be  given  by  the 
superintendent  of  banks  in  writing.  Parcels  of  real  estate  not  sold 
within  ten  years,  or  extension  of  said  period  as  above  provided,  may  be 
purchased  by  any  persons  or  parties  wanting  them,  at  the  price  to  be 
determined  by  arbitration  of  three  persons  appointed  by  the  superior 
court  as  appraisers,  at  the  request  of  the  would-be  purchaser. 

No  savings  bank  shall  purchase,  own,  or  sell  personal  property,  ex- 
cept such  as  may  be  requisite  for  its  immediate  accommodation  for  the 
convenient  transaction  of  its  business,  and  mortgages  on  real  estate, 
bonds,  securities  or  evidences  of  indebtedness,  public  or  private,  gold 
and  silver  bullion  and  United  States  mint  certificates  of  ascertained 
value,  and  evidences  of  debt  issued  by  the  United  States. 

No  savings  bank  shall  purchase,  hold  or  convey  bonds,  securities  or 
evidences   of  indebtedness,  public  or  private,  except  as  follows: 

(a)  Bonds  or  interest-bearing  notes  or  obligations  of  the  United  States, 
or  those  for  which  the  faith  of  the  United  States  is  pledged  for  the 
payment  of  interest  and  principal. 

(b)  Bonds  of  this  state. 

(c)  Bonds  of  any  state  in  the  United  States  that  have  not,  within 
five  years  previous  to  making  such  investment  by  such  bank,  defaulted 
in  the  payment  of  any  part  of  either  principal  or  interest  thereof. 

(d)  Bonds  of  any  city,  county,  city  and  county,  town,  township  or 
school  district  of  this  state. 

(e)  Bonds  of  any  city,  town  or  county  which  has  in  each  case,  at 
the  time  of  the  investment,  more  than  twenty  thousand  inhabitants,  as 
ascertained  by  the  United  States  or  state  census  made  next  preceding 
such  investment,  in  any  of  the  states  of  the  United  States,  other  than 
in  the  state  of  California,  issued  pursuant  to  the  authority  of  any  law 
of  such  states;  provided,  the  entire  bonded  indebtedness  of  such  city 
or  county  or  town  shall  not  exceed  five  per  centum  of  the  assessed  value 
of  the  taxable  property  therein,  including  the  issue  of  bonds  in  which 
said  investment  is  made  as  shown  by  the  last  assessment  preceding  the 
investment;  and  provided,  further,  that  such  city,  town  or  county  or 
state  in  which  it  is  situated  has  not  defaulted  in  the  payment  of  any 
part  of  either  principal  or  interest  thereon  within  five  years  previous  to 
making  such   investment. 

(f)  First-mortgage  or  underlying  bonds  of  any  steam-railway,  the  in- 
come of  which  is  sufficient  to  pay  all  operating  expenses  and  fixed 
charges,  and  which  is  completed  and  operated,  wholly  or  in  part,  in  any 
of  the  states  of  the  United  States. 

(g)  Bonds  of  street-railroads,  water,  light,  light  and  power,  gas,  and 
other  public  utility  and  industrial  corporations.  All  bonds  authorized 
for  investment  by  this  section  shall  be  secured  by  a  mortgage  or  trust 
deed,  which  is,  at  the  time  of  making  such  investment,  (1)  a  first  or 
auderlying  mortgage  or  trust  deed  of  the  corporatioii  issuing  said  bonds, 
or  (2)  a  refunding  mortgage  or  trust  deed  used  to  retire  all  prior  lien 
mortgage  debts  of  said  corporation,  outstanding  at  the  time  of  making 


1872  APPENDIX. 

eaid  investment;  provided,  that  the  income  of  such  corporation  is  suflfi- 
cient  to  pay  all  operating  expenses  and  fixed  charges  and  such  income 
shall  have  been  so  sufficient  for  the  term  of  three  years  preceding  the 
issuance  of  such  bonds,  or  that  payment  of  its  said  bonds  have  been 
guaranteed  by  a  corporation  that  has  paid  all  its  operating  expenses 
and  fixed  charges  for  a  period  of  three  years  prior  to  guaranteeing  the 
payment  of  such  bonds. 

(h)  First-mortgage  bonds  or  deeds  of  trust  issued  by  real  estate  cor- 
porations; provided,  that  said  bond  issue  shall  not  exceed  sixty  per 
centum  of  the  market  value  of  the  real  estate  taken  as  security. 

No  savings  bank  shall  purchase  the  bonds  of  any  corporation  or  make 
a  loan  on  the  bonds  of  any  corporation,  if  the  franchise  of  such  cor- 
poration expires  prior  to  the  maturity  of  its  bonds,  or  if  the  franchise 
or  special  privilege  granted  to  such  corporation  by  any  city,  county,  or 
city  and  county,  expires  before  the  maturity  of  such  bond  issue. 

Deposits,  debts  other  than  for.     Exchange  rate  of.    Securities,  hypothe- 
cation  of. 

Sec.  62.  No  savings  bank  shall,  directly  or  indirectly,  deal  or  trade 
in  real  or  personal  property  in  any  other  case  or  for  any  other  purpose 
than  is  authorized  by  this  act,  and  shall  not  contract  any  debt  or  lia- 
bility for  any  purpose  whatever  other  than  for  deposits,  except  as  in 
this  section  provided. 

Saviugs  banks  may  pay  regular  depositors,  when  requested  by  them, 
by  draft  upon  deposits  to  the  credit  with  their  banks,  and  charge  cur- 
rent rate   of   exchange   for   such   drafts. 

No  savings  bank  shall  borrow  money,  or  pledge  or  hypothecate  any 
of  its  securities,  except  to  meet  the  immediate  demands  of  its  own  de- 
positors, and  then  only  in  pursuance  of  a  resolution  adopted  by  a  vote 
of  a  majority  of  its  board  of  directors,  duly  entered  upon  their  minutes, 
wherein  shall  be  recorded  the  ayes  and  nays  upon  each  vote;  also  with 
the  written  approval  of  the  superintendent  of  banks,  and  he  shall  have 
the  authority  to  fix  the  amount  to  be  borrowed,  and  the  term  and  rate 
of  interest  thereon;  provided,  however,  that  savings  banks  may,  in  the 
manner  authoi-ized  by  law,  and  without  the  written  approval  of  the 
superintendent  of  banks,  borrow  the  public  monej^s  of  the  state,  coun- 
ties, cities  and  counties,  and  towns  and  receive  such  public  moneys  on 
deposit. 

Certificates  of  deposit,  issue  of.     Time  certificates. 

Sec.  63.  Savings  banks  may  issue  general  certificates  of  deposit, 
which  are  transferable,  as  in  other  cases,  by  indorsement  and  delivery; 
may  issue,  when  requested  by  the  depositor,  special  certificates,  ac- 
knowledging the  deposit  by  the  person  therein  named  of  a  specified  sum 
of  money,  and  expressly  providing  on  the  face  of  such  certificate  that 
the  sum  so  deposited  and  therein  named  may  be  transferred  only  on  the 
books  of  the  bank;  payment  thereafter  made  by  the  bank  to  the  de- 
positor named  in  such  certificate,  or  to  his  assignee  named  upon  the 
books  of  the  bank,  or  in  case  of  death,  to  the  legal  representative  of 


BANKING.  1873 

Buch  person,  of  the  sum  for  which  such  special  certificate  was  issued, 
shall  d-iseharge  the  bank  from  all  further  liability  on  account  of  the 
money  so  paid. 

All  time  certificates  of  deposit,  issued  by  a  savings  bank,  shall  be 
subject  to  the  same  limitations  and  conditions  as  applied  to  other  de- 
posits, and  notice  thereof  shall  be  given  by  the  words  "Subject  to  con- 
ditions of  agreement  with  depositors"  printed  on  the  face  of  the 
certificate  issued. 

Conditions  of  payment  to  depositors.     Reserve  fund. 

Sec.  64.  Savings  banks  may  prescribe  by  their  by-laws,  or  by  con- 
tract with  depositors,  the  time  and  conditions  on  which  repayment  is  to 
be  made  to  depositors,  except  as  in  this  act  otherwise  prohibited;  but 
whenever  there  is  any  call  by  depositors  for  repayment  of  a  greater 
amount  than  the  bank  may  have  disposable  for  that  purpose,  the  direc- 
tors or  officers  thereof  must  not  make  any  new  loans  or  investments  of 
the  funds  of  the  depositors,  or  of  earnings  thereof,  until  such  excess  of 
call  has  ceased.  The  directors  of  any  such  bank,  having  no  capital 
stock,  must  retain,  on  each  dividend-day,  at  least  ten  per  centum  of 
the  net  profits  of  the  bank,  to  constitute  a  reserve  fund,  which  must 
be  invested  in  the  same  manner  as  other  funds  of  the  bank,  and  must 
be  used  toward  paying  any  losses  which  the  bank  may  sustain  in  pursuing 
its  lawful  business".  The  bank  may  provide  by  its  by-laws  for  the  disposal 
of  any  excess  in  the  reserve  fund,  as  provided  for  in  section  21  of  this 
act,  and  the  final  disposal,  upon  the  dissolution  of  the  bank,  of  the  re- 
serve fund,  or  of  the  remainder  thereof,  after  payment  of  losses. 

Directors,  borrowing  by,  forbidden. 

Sec.  65.  No  director,  or  officer  of  any  savings  bank  must,  directly  or 
indirectly,  for  himself  or  as  the  partner  or  agent  of  others,  borrow 
any  of  the  deposits  or  other  funds  of  such  bank,  nor  must  he  become 
an'  indorser  or  surety  for  loans  to  others,  nor  in  any  manner  be  obligor 
for  moneys  borrowed  of  or  loaned  by  such  bank.  The  office  of  any  di- 
rector or  officer  who  acts  in  contravention  of  the  provisions  of  this  sec- 
tion immediately  thereupon  becomes  vacant,  and  every  director  or  officer 
authorizing  or  consenting  to  such  loan,  and  the  person  who  receives 
such  loan,  shall  severally  be  guilty  of  a  misdemeanor. 

"Creation  of  debt"  defined. 

Sec.  66.  Eeceiving  deposits,  issuing  certificates  of  deposit,  checks, 
and  bills  of  exchange,  and  the  like,  in  the  transaction  of  the  business 
of  savings  banks,  must  not  be  construed  to  be  the  creation  of  debt 
within  the  meaning  of  the  phrase  "create  debt"  in  section  three  hun- 
dred and  nine  of  the  Civil  Code  and  as  provided  for  in  this  act. 

Loans,  limit  on  and  security  for. 

■    Sec.  67.     1.  No    savings    bank    shall    loan    money    except    on    adequate 
security  of  real  or  personal  property,  and  no  Buch  loan  shall  be  made 
Gen.  Laws — 115 


1874  APPENDIX. 

for  a  period  longer  than  ten  years;   provided  that  no  loans  shall  be 
made  on  unsecured  notes. 

2.  No  savings  bank  shall  invest  or  loan  more  than  five  per  centum  of 
its  assets  on  any  one  bond  issue,  except  bonds  of  the  United  States, 
of  the  state  of  California,  of  the  counties,  cities  and  counties,  cities  or 
school   districts  of  this   state. 

3.  No  savings  bank  shall  loan  money  to  exceed  ninety  per  centum  of 
the  market  value  of  bonds  specified  in  subdivisions  (a),  (b),  (c)  and 
(d)  of  subdivision  three  of  section  sixty-one  of  this  act,  and  no  more 
than  eighty-five  per  centum  of  the  market  value  of  bonds  specified  in 
subdivision  (e)  of  subdivision  three  of  section  sixty-one  of  this  act,  and 
no  more  than  seventy-five  per  centum  of  the  market  value  of  bonds 
specified  in  subdivisions  (f)  and  (g)  of  subdivision  three  of  section 
sixty-one  of  this  act,  and  no  more  than  sixty-five  per  centum  of  the 
market  value  of  personal  property  and  stocks  of  corporations  or  banks; 
provided,  however,  that  no  loan  shall  be  made  upon  the  capital  stock 
of  any  corporation  or  bank  unless  such  corporation  or  bank  has  been  in 
existence  for  two  or  more  years  and  has  earned  and  paid  a  dividend  on 
its  capital  stock. 

4.  No  savings  bank  shall  make  any  loan  on  the  security  of  real  estate 
except  it  be  a  first  lien  and  in  no  event  to  exceed  sixty  per  centum  of 
the  market  value  of  any  piece  of  real  estate  to  be  taken  as  security, 
except  for  the  purpose  of  facilitating  the  sale  of  property  owned  by  the 
savings  bank;  provided,  that  a  second  lien  may  be  accepted  to  secure 
the  repayment  of  a  debt  previovisly  contracted  in  good  faith. 

5.  No  savings  bank  shall  purchase,  invest  or  loan  its  capital  or  the 
money  of  its  depositors,  or  any  part  of  either,  in  mining  shares  or 
stock. 

6.  No  savings  bank  shall  hereafter  make  a  loan  secured  by  the  stock 
of  another  bank,  if  by  making  such  loan  the  total  stock  of  such  other 
bank  held  by  such  loaning  bank  as  collateral  will  exceed  in  the  aggre- 
gate ten  per  centum  of  the  capital  stock  of  such  other  bank. 

Any  president  or  managing  ofiicer  who  knowingly  consents  to  a  viola- 
tion of  the  above  provisions  shall  be  deemed  guilty  of  a  felony. 

Lawful  reserve.    Deposits  with  commercial  banks. 

Sec.  TiS.  Savings  banks  must  carry  in  cash,  or  its  equivalent,  an 
amount  equal  to  four  per  centum  of  its  deposit  liabilities,  of  which  two 
per  centum  of  such  liabilities  shall  be  in  coin  or  currency  of  standard 
value  in  its  own  keeping.  The  amount  thus  carried  shall  be  called  the 
lawful  money  reserve. 

No  new  loan  shall  be  made  during  any  deficiency  in  the  lawful  money 
reserve. 

Deposits  with  commercial  banks  and  trust  companies,  on  open  account, 
to  facilitate  business  transactions,  as  provided  in  this  section,  shall  be 
permitted,  and  shall  not  be  construed  as  loans. 

Not  more  than  five  per  centum  of  the  deposits  of  any  savings  banls 
shall  be  deposited  with  any  one  bank. 


BANKING.  1875 

Savings  Ibsuiks  to  be  conducted  under  provisions  of  this  act. 

See.  G9.  Every  saviugs  bank,  and  the  business  of  every  savings  de- 
partment of  every  other  bank,  must  be  conducted  under  and  in  accord- 
ance with  the  provisions  of  this  act. 

ARTICLE   HI. 
Commercial  Banks. 
I  80.     Loans,  limit  of. 
§  81.      Loans;   securities  of  corporations. 
§  82.      Capital  paid  up  required. 
§  83.     Loans  to  directors.     Monthly  reports. 

Loans,  limit  of. 

Sec.  SO.  No  commercial  bank  shall  make  any  loans  to  any  person, 
coiiii>any,  corporation  or  firm  to  an  amount  exceeding  one  tenth  part  of 
the  capital  stock  of  such  bank  actually  paid  in  aud  surplus;  provided, 
however,  that  a  bank  may  loan  to  any  person,  company,  corporation  or 
firm  a  sum  not  exceeding  twenty-five  per  centum  of  its  capital  stock 
actually  paid  in  and  surplus  upon  security  worth  at  least  fifteen  per 
centum  more  than  the  amount  of  its  loans;  or  it  may  loan  ten  per 
centum  of  such  capital  and  surplus  as  first  above  provided,  and  a  fur- 
ther sum  not  exceeding  fifteen  per  centum  of  such  capital  and  surplus 
upon  security  worth  at  least  fifteen  per  centum  more  than  the  amount 
of  such  loan  so  secured;  except  that  a  commercial  bank  may  buy  from, 
or  discount,  for  any  person,  company,  corporation  or  firm,  or  loan  upon 
bills  of  lading,  warehouse-receipts  and  bills  of  exchange,  drav/n  in  good 
faith  against  actual  existing  value  or  against  commercial  or  business 
paper  actually  owned  by  the  person  negotiating  the  same. 

Loans;  securities  of  corporations. 

Sec.  81.  No  loan  shall  be  made  by  any  commercial  bank  upon  the 
securities  of  one  or  more  corporations,  the  payment  of  which  is  under- 
taken, in  whole  or  in  part,  severally,  but  not  jointly,  by  two  or  more 
individuals,   firms,   or   corporations: 

(a)  If  the  borrowers  or  underwriters  be  obligated  absolutely  or  con- 
tingently to  purchase  the  securities,  or  any  of  them,  collateral  to  such 
loan,  unless  the  borrowers  or  underwriters  shall  have  paid  on  account 
of  the  purchase  of  such  securities  an  amount  in  cash,  or  its  equivalent, 
equal  to  at  least  twenty-five  per  centum  of  the  several  amounts  for 
which  they  remain  obligated  in  completing  the  purchase  of  such  securi- 
ties; 

(b)  If  the  commercial  bank  making  such  loan  be  liable,  directly  or 
indirectly,  or  contingently,  for  the  repayment  of  such  loan  or  any  part 
thereof; 

(c)  If  its  term,  including  any  renewal  thereof  by  agreement,  express 
or  implied,  exceed  the  period  of  one  year; 

(d)  Or  to  an  amount  under  any  circumstances  in  excess  of  twenty- 
five  per  centum  of  the  capital  and  surplus  of  the  commercial  bank  mak- 
ing such  loan. 


1876  APPENDIX. 

Capital  paid  up  reqiured. 

See.  82.  Every  commercial  bank  which  is  row  transacting,  or  which 
may  hereafter  transact  business,  shall  have  actually  paid  iu  a  capital 
stock  of  not  less  than  twenty-five  thousand  dollars;  and  until  said  sum 
of  twenty-five  thousand  dollars  shall  be  actually  paid  in,  the  superin- 
tendent of  banks  shall  not  issue  the  certificate  required  by  section 
twenty-four  of  this  act;  provided  that  nothing  herein  shall  be  construed 
to  affect  the  provisions  of  section  twenty-three  of  this  act  relative  to 
the  capital  stock  required  of  banks  doing  a  departmental  business. 

Loans  to  directors.     Monthly  reports. 

Sec.  83.  No  commercial  bank  shall  loan  any  of  its  funds  to  any  of 
its  directors  unless  such  loan  shall  first  have  been  approved  by  a  two- 
thirds  vote  of  its  board  of  directors,  on  which  vote  the  borrowing  di- 
rector shall  not  participate,  and  the  fact  of  making  such  loan,  the 
name  of  the  director  borrowing  the  same,  the  time  when  the  same  shall 
become  due,  the  rate  of  interest  thereon,  and  the  amount,  value,  and 
character  of  the  security  pledged  therefor,  if  any,  shall  be  forthwith 
forwarded  by  the  cashier  of  such  bank  to  the  superintendent  of  banks; 
and  if  the  superintendent  of  banks  shall  disapprove  of  such  loan,  he 
shall  immediately  notify  such  bank  of  his  disapproval  thereof,  and  such 
bank  shall  forthwith  collect  such  loan;  provided,  however,  that  the  total 
loans  to  all  directors  of  such  bank  shall  not  at  any  one  time  exceed 
thirty  per  cent  of  the  capital  and  surplus  of  such  bank;  and  provided, 
further,  that  each  bank  having  any  loan  or  loans  outstanding  to  any 
of  its  directors  shall  once  each  month  report  in  writing  to  the  superin- 
tendent of  banks  the  name  of  each  director  to  whom  such  loan  is  made, 
the  amount  of  such  loan,  the  rate  of  interest  thereon,  the  time  when  the 
same  shall  fall  due,  and  the  security  pledged  therefor,  if  any.  Any  of- 
ficer or  director  of  any  commercial  bank  violating  any  of  the  provisions 
of  this  section  shall  be  guilty  of  a  felony. 

ARTICLE  IV. 
Trust  Companies. 

§     90.  Execution  of  trusts.      Compensation  for  services. 

§     91.  Deposits  by  order  of  court. 

§     92.  Public  administrators,  deposits  by. 

§    93.  Executors,  etc.,  deposits  by. 

§     94.  Responsibility  for  investments. 

§     95.  Interest. 

§    96.  Deposit  with  state  treasurer. 

§     97.  May  mortgage  realty  to  state  treasurer. 

§     98.  Interest  on  state  deposits.      Liability  of  state. 

§     99.  Abstracts  of  titles,  deposit  of. 

$100.  Paid-up  capital  required. 

§  101.  Report  of  trusts  held. 

§  102.  Retirement  from  business. 

§  103.  Confidential  communications,  disclosures  of. 

§  104.  Word  "trust"  prohibited,  to  whom.     Effect  of  use  of  word  "trust." 

§  105.  Investments,  laws  governing. 

§  106.  Banking  business,  requirements  for  doing. 


BANKINa.  1877 

Execution  of  trusts.     Compensation  for  services. 

Sec.  90.  Any  corporation  which  has  been  or  shall  be  incorporated 
under  the  general  incorporation  laws  of  this  state,  authorized  by  its 
articles  of  incorporation  to  act  as  executor,  administrator,  guardian,  as- 
signee, receiver,  depositary  or  trustee,  and  having  a  capital  of  not  less 
than  two  hundred  thousand  dollars  actually  paid  in,  in  cash,  may  be 
apipointed  to  act  in  such  capacity  in  like  manner  as  individuals  and  shall 
be  known  as  a  trust  company.  In  all  cases  in  which  it  is  required 
that  an  executor,  administrator,  guardian,  assignee,  receiver,  depositary 
or  trustee,  shall  qualify  by  taking  and  subscribing  an  oath,  or  in  which 
an  affidavit  is  required,  it  shall  be  a  sufficient  qualification  by  such  cor- 
poration if  such  oath  shall  be  taken  and  subscribed  or  such  affidavit 
made  by  the  president  or  secretary  or  manager  or  trust  officer  thereof, 
and  such  officer  shall  be  liable  for  the  failure  of  such  trust  company  to 
perform  any  of  the  duties  required  by  law  to  be  performed  by  indi- 
viduals acting  in  like  capacity  and  subject  to  like  penalties;  and  such' 
trust  company  shall  be  liable  for  such  failure  to  the  full  amount  of  its, 
capital  stock;  provided,  any  such  appointment  as  guardian  shall  apply 
to  the  estate  only,  and  not  to  the  person.  Such  trust  company  shall 
be  entitled  to  and  shall  be  allowed  proper  compensation  for  all  the  ser- 
vices performed  by  them  under  the  foregoing  provisions  of  this  act; 
but  such  compensation  shall  not  exceed  that  allowed  to  natural  persons 
for   like   services. 

Deposits  by  order  of  court. 

Sec.  91.  Any  court,  having  appointed  and  having  jurisdiction  of  any 
executor,  administrator,  guardian,  assignee,  receiver,  depositary,  or  trus- 
tee, upon  the  application  of  such  officer  or  trustee,  or  upon  the  applica- 
tion of  any  person  having  an  interest  in  the  estate  administered  by 
such  officer  or  trustee,  after  notice  to  the  other  parties  in  interest  as 
the  court  may  direct,  and  after  a  hearing  upon  such  application,  may 
authorize  such  officer  or  trustee  to  deposit  any  moneys  then  in  his  hands, 
or  which  may  come  into  his  hands  thereafter,  and  until  the  further 
order  of  said  court,  with  any  such  trust  company;  and  upon  deposit  of 
such  money,  and  its  receipt  and  acceptance  by  such  trust  company,  the 
said  officer  or  trustee  shall  be  discharged  from  further  care  or  responsi- 
bility therefor.  Such  deposits  shall  be  paid  out  only  upon,  the  orders 
of  said  court. 

Public  administrators,  deposits  by. 

Sec.  92.  It  shall  be  lawful  for  any  public  administrator  to  deposit 
with  any  trust  company  having  not  less  than  two  hundred  thousand 
dollars  paid-up  capital,  doing  business  in  the  county,  or  city  and  county, 
in  which  he  is  acting  as  such  administrator,  any  and  all  moneys  of  any 
estate  upon  which  he  is  administering,  not  required  for  the  current 
expenses  of  the  administration;  provided  that  such  corporation  deposit 
with  the  state  treasurer  the  securities  required  by  this  act.  Such  de- 
posits shall  relieve  the  public  administrator  from  depositing  with  the 
county  treasurer  the  moneys  so  deposited  with  such  corporation.  Moneys 
so  deposited  by  a  public  administrator  may  be  drawn,  upon  the  order  of 


1878  APPENDIX. 

such  administrator,  countersigned  by  a  judge  of  a  superior  court,  when 
required  for  the  purpose  of  administration,  or  otherwise. 

Executors,  etc.,  deposits  by. 

Sec.  9.3.  Whenever,  in  the  judgment  of  any  court  having  jurisdiction 
of  any  estate  in  process  of  administration  by  any  executor,  adminis- 
trator, guardian,  assignee,  receiver,  depositary,  or  trustee,  and  after 
such  notice  to  the  p.irties  in  interest  as  the  court  shall  direct,  and  after 
a  hearing  on  such  application,  the  said  court  may  order  the  said  oflfi- 
cer  or  trustee  to  deposit  with  any  such  trust  company,  for  safe-keeping, 
such  portion  or  all  of  the  personal  assets  of  said  estate  as  it  shall 
deem  proper;  and  thereupon  said  court  shall,  by  an  order  of  record, 
reduce  the  bond  to  be  given  or  theretofore  given  by  such  officer  or 
trustee,  so  as  to  cover  only  the  estate  remaining  in  the  hands  of  said 
officer  or  trustee;  and  the  property  as  deposited  shall  thereupon  be  held 
by  such  trust  company,  under  the  orders  and  directions  of  said  court. 
Any  court  having  jurisdiction  of  an  estate  being  administered  by  a  pub- 
lie  administrator,  may  direct  such  public  administrator  to  deposit  all 
or  any  part  of  the  moneys  of  the  estate  not  required  for  the  current 
expenses  of  the  administration,  with  any  such  trust  company  doing 
business  in  the  county,  or  city  and  county,  where  such  public  adminis- 
trator is  acting. 

Responsibility  for  investments. 

Sec.  94.  Such  trust  company  shall  not  be  required  to  give  any  bond 
or  security  in  case  of  any  appointment  hereinbefore  provided  for,  ex- 
cept as  hereinafter  provided,  but  shall  be  responsible  for  all  invest- 
ments which  shall  be  made  by  it  of  the  funds  which  may  be  intrusted 
to  it  for  investment  by  such  court,  and  shall  be  liable  as  natural  per- 
sons in  like  positions  now  are,  and  as  hereinafter  provided. 

Interest. 

Sec.  95.  Such  trust  company  shall  pay  interest  upon  all  moneys  held 
by  it  as  trustee,  by  virtue  of  this  act,  at  such  rate  as  may  be  agreed 
upon  at  the  time  of  its  acceptance  of  any  such  appointment,  or  as  shall 
be  provided  by  the  order  of  the  court. 

Deposit  with  state  treasurer. 

See.  96.  Each  trust  company,  before  accepting  any  such  appointment 
or  deposit,  shall  deposit  with  the  treasurer  of  state,  for  the  benefit  of 
the  creditors  of  said  trust  company,  the  sum  of  one  hundred  thousand 
dollars  ($100,000),  in  bonds  of  the  United  States,  or  municipal  bonds 
of  this  state,  or  of  any  county,  or  city,  city  and  county,  or  school  dis- 
trict thereof,  or  in  mortgages  on  improved  and  productive  real  estate 
in  this  state,  being  first  liens  thereon,  and  the  real  estate  being  worth 
at  least  twice  the  amount  loaned  thereon;  said  bonds  or  mortgages  to 
be  approved  by  the  superintendent  of  banks.  The  bonds  and  securities 
so  deposited  may  be  exchanged  from  time  to  time  for  other  securities, 
receivable  as  aforesaid.     Said  bonds  of  the  United  States,  or  municipal 


BANKING.  1879 

bonds  of  this  state,  or  of  any  county,  city,  city  and  county,  or  school 
district  thereof,  to  be  registered  in  the  name  of  said  treasurer,  officially, 
and  all  said  securities  to  be  subject  to  sale  and  transfer,  and  to  the 
disposal  of  the  proceeds  by  said  treasurer,  only  on  the  order  of  a 
court  of  competent  jurisdiction  and  as  hereinafter  provided.  The  state 
shall  be  responsible  for  the  safe  return  of  such  securities  deposited  with 
the  treasurer  of  the  state  under  this  section. 

May  mortgage  realty  to  state  treasurer. 

Sec.  97.  Any  such  trust  company,  having  a  paid-up  capital  in  excess 
of  two  hundred  thousand  dollars,  may  be  permitted  by  the  superin- 
tendent of  banks  to  mortgage  any  improved  and  productive  real  estate 
owned  by  it,  in  excess  of  said  amount,  to  the  treasurer  of  state,  for 
such  sum  as  the  said  superintendent  of  banks  may  determine,  and  such 
mortgage  may  be  deposited  with  said  treasurer,  and  when  so  deposited 
it  shall  be  included  in  the  amount  of  securities  hereinabove  required  to 
be  deposited  with  said  treasurer  for  the  benefit  of  the  creditors  of  said 
trust    company. 

Interest  on  state  deposits.    Liability  of  state. 

Sec.  98.  So  long  as  the  trust  company  so  depositing  sTiall  continue 
solvent,  it  shall  be  permitted  to  receive  from  said  treasurer  the  interest 
or  dividends  on  said  deposits,  and  whenever  any  trust  company  receives 
trust  funds  as  such  trustee  in  excess  of  five  hundred  thousand  dollars, 
it  shall  deposit  with  the  state  treasurer  securities  mentioned  in  section 
96  of  this  act,  to  be  approved  by  the  superintendent  of  banks,  in  the 
amount  of  another  one  hundred  thousand  dollars,  and  for  each  five  hun- 
dred thousand  dollars  of  such  trust  funds  thereafter  received,  an  addi- 
tional deposit  of  fifty  thousand  dollars  of  such  securities  likewise 
approved  shall  be  made  with  the  said  state  treasurer;  provided,  how- 
ever, that  no  trust  company  shall  be  required  to  deposit  more  than  one 
million    dollars    of    such    securities. 

The  state  shall  be  responsible  for  the  safe  return  of  such  securities 
deposited  with  the  treasurer  of  the  state  under  this  section. 

Abstracts  of  titles,  deposit  of. 

Sec.  99.  When  any  part  of  such  deposit  with  the  state  treasurer  is 
made  in  bonds  and  mortgages,  it  shall  be  accompanied  by  full  abstracts 
of  titles  and  searches,  or  by  certificates  of  title  issued  by  a  person, 
company  or  corporation,  whose  business  or  objects  are  to  make  searches 
of  titles  and  issue  certificates  of  titles,  and  which  said  person,  company 
or  corporation  shall  be  one  designated  or  approved  by  said  superin- 
tendent of  banks,  and  shall  be  examined  and  approved  by  or  under  the 
direction  of  the  said  superintendent  of  banks.  The  fees  for  an  exam- 
ination of  title  by  counsel  to  be  paid  by  the  trust  company  making  the 
deposit,  shall  not  exceed  twenty  dollars  for  each  mortgage,  and  the  fee 
for  each  appraiser,  not  exceeding  two,  besides  expenses,  shall  be  five 
dollars  for   eaeh   mortgage. 


1880  APPENDIX. 

Paid-up  capital  required. 

Sec.  100.  Before  the  superintendent  of  banks  issues  his  certificate  to 
any  trust  company,  there  must  be  filed  in  his  office  the  affidavit  of  a 
majority  of  its  board  of  directors  or  the  persons  named  in  said  articles 
as  the  first  directors  of  the  corporation  that  at  least  two  hundred  thou- 
sand dollars  of  the  capital  stock  has  actually  been  subscribed  and  paid 
in  to  a  person  named  in  such  affidavit  for  the  benefi.t  of  the  corpora- 
tion. 

Report  of  trusts  held. 

Sec.  101.  On  making  the  report  required  by  the  terms  of  this  act, 
every  trust  company  shall,  in  addition  to  the  other  facts  to  be  reported 
on,  furnish  a  list  and  brief  description  of  the  trusts  held  by  such  cor- 
poration, the  source  of  the  appointment  thereto,  and  the  amount  of  real 
and  personal  estate  held  by  such  trust  company  by  virtue  thereof;  ex- 
cept that  mere  mortgage  trusts,  wherein  no  action  has  been  taken  by 
such  corporation,  shall  not  be  included  in  such  statement. 

Retirement  from  business. 

Sec.  102.  Any  trust  company  which  desires  to  retire  from  business 
under  this  act,  shall  furnish  to  the  superintendent  of  banks  satisfactory 
evidence  of  its  release  and  discharge  from  all  the  obligations  and  trusts 
hereinbefore  provided  for;  whereupon  he  shall  revoke  his  certificate  to 
such  trust  company,  and  thereupon  the  treasurer  of  state  shall  return 
to  said  trust  company  all  its  securities. 

Confidential  communications,  disclosures  of. 

Sec.  103.  Except  as  herein  otherwise  provided,  any  trust  company 
exercising  the  powers  and  performing  the  duties  provided  for  in  this 
act,  shall  keep  inviolate  all  communications  confidentially  made  to  it 
touching  the  existence,  condition,  management  and  administration  of 
any  trusts  confided  to  it;  and  no  creditor  or  stockholder  of  any  such 
trust  company  shall  be  entitled  to  disclosure  of  any  such  communica- 
tion; provided,  however,  that  the  president,  manager  and  secretary  of 
such  trust  company  shall  be  entitled  to  knowledge  of  such  communica- 
tion; and  provided,  further,  that  in  any  suit  or  proceeding  touching  the 
existence,  condition,  management  or  administration  of  such  trust,  the 
court  wherein  the  same  is  pending  may  require  disclosure  of  any  such 
communication. 

Word  "trust"  prohibited  to  whom.    Effect  of  use  of  word  "trust." 

Sec.  104.  The  use  of  the  word  "trust"  in  combination  with  or  in  con- 
nection with  the  word  "company,"  "corporation,"  "incorporation,"  "asso- 
ciation," "society,"  "organization,"  or  "syndicate,"  is  hereby  prohibited 
to  all  persons,  firms,  associations,  companies  or  corporations  other  than 
corporations  provided  for  by  this  act.  Every  person,  firm,  association, 
company,  or  corporation  which  uses  the  word  "trust"  in  combination 
with  or  in  connection  with  the  word  "company,"  "corporation,"  "incor- 
poration,"   "association,"    "society,"    "organization,"    or    "syndicate,"    as 


BANKING.  1881 

the  name  under  which  business  is  done  or  transacted,  shall  be  subject 
to  the  provisions  of  this  act  and  to  the  supervision  of  the  superintendent 
of  banks.  Any  person,  firm,  association,  company,  or  corporation  mak- 
ing use  of  the  word  "trust"  in  combination  or  in  connection  with  the 
word  "company,"  "corporation,"  "incorporation,"  "association,"  "society," 
"organization,"  or  "syndicate,"  in  the  manner  hereinabove  mentioned, 
in  the  transaction  of  business,  and  not  subject  to  the  provisions  of  this 
act  and  the  supervision  of  the  superintendent  of  banks,  shall  be  guilty 
of  a  misdemeanor. 

No  corporation  hereafter  formed  shall  use  the  word  "trust"  or  "trus- 
tee" as  a  part  of  its  corporate  name  unless  it  shall  be  authorized  by  its 
articles  of  incorporation  to  act  as  executor,  administrator,  guardian, 
assignee,  receiver,  depositary  or  trustee;  nor  shall  any  corporation 
hereafter  formed  accept  or  execute  any  trust  mentionecl  in  this  act, 
unless  it  shall  have  complied  with  the  provisions  of  this  act. 

Investments,  laws  governing. 

Sec.  105.  Every  trust  company  shall  invest  its  capital  and  trust 
funds  received  by  it  in  accordance  with  the  laws  relative  to  the  invest- 
ment of  funds  deposited  with  savings  banks,  unless  a  specific  agreement 
to  the  contrary  is  made  between  the  trust  company  and  the  party  creat- 
ing the  trust. 

Banking  business,  requirements  for  doing. 

Sec.  106.  Every  trust  company  desiring  to  do  or  doing  a  commercial 
banking  business  or  a  savings  bank  business,  or  both,  in  addition  to  its 
trust  business,  shall  have  paid  up  in  cash  the  capital  as  provided  in 
section  twenty-three  of  this  act.  Such  capital  for  each  such  department 
shall  be  increased  from  time  to  time  in  the  same  manner  and  to  the 
same  extent  as  though  such  bank  were  conducting  separate  banks  in- 
stead of  separate  departments. 

Every  trust  company  doing  a  departmental  business  shall  comply 
with  the  provisions  of  this  act  governing  each  of  such  departments  as 
to  its  deposits,  reserves,  investments  and  loans. 


1882  APPENDIX. 


ARTICLE  V. 
State  Banking  Department. 

§  120.  Superintendent,  appointment  and  qualifications.      Salary.     Bond. 

§  121.  Appointees.      Employment  of.      Compensation  of.      Bond. 

§  122.  Principal  office. 

§  123.  State  banking  fund,  how  created.     Fund,  where  deposited. 

§  124.  Inspection     of    banks.     Powers    of    examiner.     Foreiga    banks.     Doubtful 

securities. 

§  125.  Examiner:  oath  of  office  of. 

§  126.  Neglect  of  duty. 

§  127.  Transaction  of  business,  certificate  required  for.     Fee. 

§  128.  Stockholders,  fitness  of.     Certificate  of  authorization. 

§  129.  Reports. 

§  130.  Same. 

§  131.  Call  for  reports. 

§  132.  Publication  of  statement.      Shall  show,  what. 

§  133.  Impairment  of  capital. 

§  134.  Conduct  of  business  in  unsafe  manner.     Order  to  show  cause. 

§  135.  Rule  governing  action. 

§  136.  Superintendent  may  take  possession,  when.      Notice  to  debtors.     Kesumptioa 

of  business.      Liquidation. 

§  137.  Dissolution  of  bank.      Escheat  of  unclaimed  funds. 

§  138.  Reports,  failure  to  make. 

§  139.  Directors  of  banks,   duties  of.      Report  of  directors  to   contain,   what. 

§  140.  Report  of  superintendent  to  goveriior. 

§  141.  Weekly  bulletin  to  be  posted  by  superintendent:   items  of.     Bulletins,  file  of. 

§  142.  Official  reports,  prima  facie  evidence. 

§  143.  Neglect  of  duty  by  superintendent. 

§  144.  Actions,  duty  of  attorney-general, 

§  145.  Construction  of  act. 

§  146.  Conflicting  laws  repealed. 

§  147.  Act  takes  effect  when. 

Superintendent,  appointment  and  qualifications.     Salary.    Bond. 

Sec.  120.  There  is  hereby  created  a  state  banking  department.  The 
chief  oflficer  of  such  department  shall  be  the  superintendent  thereof, 
and  be  known  as  the  superintendent  of  banks.  He  shall  be  appointed 
by  the  governor,  and  shall  hold  his  ofGce  for  a  term  of  four  years,  or 
until  his  successor  shall  have  been  appointed  and  qualified.  No  per- 
son shall  be  appointed  superintendent  of  banks  who  has  not  had  active 
banking  experience,  either  as  executive  officer  or  director  of  some  com- 
mercial bank,  savings  bank  or  trust  company,  at  least  one  half  of  which 
experience  has  been  had  in  this  state.  He  shall  not,  either  directly  or 
indirectly,  be  interested  in  any  commercial  bank,  savings  bank  or  trust 
company,  or  as  an  individual  banker.  He  shall  receive  an  annual  sal- 
ary of  ten  thousand  dollars,  to  be  paid  monthly  out  of  the  state  treasury 
on  a  warrant  of  the  controller.  He  shall,  within  fifteen  days  from  the 
time  of  notice  of  his  appointment,  take  and  subscribe  to  the  constitu- 
tional oath  of  office,  and  file  the  same  in  the  office  of  the  secretary  of 
state,  and  execute  to  the  people  of  the  state  a  bond  in  the  penal  sum 
of  fifty  thousand  dollars,  with  corporate  surety  or  two  or  more  sureties 


BANKING.  1883 

to  be  approved  by  tlie  governor  of  the  state,  conditioned  for  the  faith- 
ful discharge  of  the  duties  of  his  oifice. 

Appointees.     Employment  of.     Compensation  of.     Bond. 

See.  121.  The  superintendent  of  banks  shall  employ  a  chief  deputy, 
attorney  and  such  clerks  and  examiners  as  he  may  need  to  discharge 
in  a  proper  manner  the  duties  imposed  upon  him  by  law,  none  of  which 
examiners  or  clerks  or  attorney  shall  be  interested  in  any  bank  in  this 
state  as  director,  stockholder,  officer  or  employee;  they  shall  perform 
such  duties  as  he  shall  assign  to  them.  He  shall  fix  the  compensation 
of  the  attorney,  clerks,  and  examiners,  which  compensation  shall  be 
paid  monthly,  on  his  certificate  and  on  the  warrant  of  the  controller, 
out  of  the  state  treasury.  The  chief  deputy  shall,  within  fifteen  days 
from  the  time  of  his  appointment,  take  and  subscribe  to  the  constitu- 
tional oath  of  office,  and  file  the  same  in  the  office  of  the  secretary  of 
state,  and  his  compensation  shall  be  four  thousand  dollars  per  annum; 
provided,  however,  that  the  total  expenditure  provided  for  in  this  act 
shall  not  exceed  seventy-five  thousand  dollars  per  annum. 

No  person  shall  be  appointed  a  chief  deputy  who  has  not  had  at  least 
three  years'  active  banking  experience,  either  as  an  executive  officer  or 
employee  of  some  bank  in  this  state.  In  ease  of  the  absence  or  inabil- 
ity to  act,  or  vacancy  in  the  office  of  superintendent  of  banks  for  thirty 
consecutive  days,  the  chief  deputy  shall  execute  to  the  people  of  the 
state  a  bond  in  the  penal  sum  of  fifty  thousand  dollars,  with  corporate 
surety  or  two  sureties  to  be  approved  by  the  controller  and  treasurer 
of  the  state,  conditioned  for  the  faithful  discharge  of  the  duties  of 
the  superintendent  w^hilc  such  deputy  acts  as  superintendent,  and  upon 
filing  such  bond  such  deputy  shall  have  all  the  power  and  duties  of 
superintendent  of  banks,  until  the  inability  of  the  superintendent  shall 
be  removed,  or  until  a  new  superintendent  of  banks  shall  have  been 
appointed  by  the  governor.  No  superintendent  of  banks,  chief  deputy 
or  bank  examiner  shall  be  or  shall  become  indebted,  directly  or  indi- 
rectly, either  as  borrower,  indorser,  surety,  or  guarantor  to  any  bank 
under  his  supervision  or  subject  to  his  examination. 

Principal  office. 

Sec.  122.  The  superintendent  of  banks  shall  have  his  principal  office 
in  the  city  of  San  Francisco,  and  may  also  have  suitable  rooms  in  the 
city  of  Los  Angeles,  wherein  to  conduct  the  business  of  the  state  bank- 
ing department.  The  superintendent  shall,  from  time  to  time,  obtain 
the  necessary  furniture,  stationery,  fuel,  lights,  and  other  proper  con- 
veniences for  the  transaction  of  such  business;  the  expense  of  which 
shall  be  paid  out  of  the  state  treasury  on  the  certificate  of  the  superin- 
tendent and  the  warrant  of  the  controller. 

State  banking  fund,  lio-w  created.     Fund,  where  deposited. 

Sec.  123.  A  fund  is  hereby  created,  to  be  known  as  the  state  banking 
fund,  and  out  of  said  fund  shall  be  paid  all  the  expenses  incurred  in 
and  about  the  conduct  of  the  business  of  the  banking  department,  in- 


1884  APPENDIX. 

eluding  the  salary  of  the  superintendent,  chief  deputy,  attorney,  clerks 
and  examiners,  traveling  expenses,  furnishing  of  rooms  and  rent.  Each 
bank  shall  pay  annually  its  share  of  the  total  amount  of  the  salaries 
and  expenses  of  the  banking  department,  to  be  determined  by  the  pro- 
portion which  the  deposits  of  any  such  bank  bear  to  the  aggregate  de- 
posits of  all  such  banks  receiving  certificates  of  authorization  from 
the  superintendent  of  banks,  as  shown  by  the  last  report  of  such  bank- 
to  the  superintendent   of  banks. 

All  moneys  collected  or  received  by  the  superintendent  of  banks, 
under  and  by  virtue  of  the  provisions  of  this  act,  shall  be  by  him  de- 
livered to  the  treasurer  of  the  state,  who  shall  deposit  the  same  to  the 
credit  of  said  banking  fund,  and  the  unexpended  balances  of  all  moneys 
heretofore  paid  into  the  state  treasury  by  any  of  the  bank  commis- 
sioners .shall  be  retained  and  become  a  part  of  said  fund.  If  any  such 
bank  shall  fail  to  pay  such  charges  as  are  herein  required,  the  super- 
intendent shall  forthwith  cancel  the  certificate  of  said  bank. 

Inspection   of  banks.    Powers  of  examiner.     Foreign   banks.    Doubtful 

securities. 

See.  124.  Every  bank  shall  be  subject  to  the  inspection  of  the  super- 
intendent of  banks.  The  superintendent  of  banks,  the  chief  deputy,  or 
some  competent  person  or  persons  to  be  appointed  by  the  superintendent 
of  banks,  to  be  known  as  examiners,  shall  visit  and  examine  every  bank, 
other  than  a  savings  bank,  at  least  twice  in  each  year,  and  every  sav- 
ings bank  at  least  once  in  each  year.  On  every  such  examination 
inquiry  shall  be  made  by  him  as  to  the  condition  and  resources  of  the 
bank,  the  mode  of  conducting  and  managing  its  affairs,  the  action  of 
its  directors,  the  investment  and 'disposition  of  its  funds,  the  safety  and 
prudence  of  its  management,  the  security  afforded  to  those  by  whom 
its  engagements  are  held  and  whether  the  requirements  of  its  articles 
of  incorporation  and  the  law  have  been  complied  with  in  the  adminis- 
tration of  its  affairs,  and  as  to  such  other  matters  as  the  superintendent 
may  prescribe.  He  shall  have  power  in  like  manner  to  examine  every 
bank  whenever,  in  his  judgment,  its  condition  and  management  is  such 
as  to  render  an  examination  of  its  affairs  necessary  or  expedient. 

He  shall  also  have  power  to  examine,  or  cause  to  be  examined,  every 
agency  located  in  this  state  of  any  foreign  bank  or  banking  corporation, 
for  the  purpose  of  ascertaining  whether  it  has  complied  with  the  laws 
of  the  state,  and  for  such  other  purposes  and  as  to  such  other  matters 
as  the  superintendent  may  prescribe. 

The  superintendent,  chief  deputy,  and  every  such  examiner  shall  have 
the  power  to  administer  an  oath  to  any  person  whose  testimony  he  may 
require  on  the  examination  of  any  bank,  or  on  the  examination  of  any 
agency  of  any  foreign  bank  or  banking  corporation,  and  to  compel  ap- 
pearance and  attendance  of  any  such  person  for  the  purpose  nf  any 
such  examination.  The  result  of  such  examination  shall  be  certified  by 
the  persons  making  the  examination  on  the  records  of  the  bank  ex- 
amined. 


BANKING.  1885 

Whpn  a  bank  shall  have  been  examined  by  any  examiner,  and  he  finds 
securities  therein  which  are,  in  his  judgment,  of  doubtful  value,  he  shall 
report  the  same  to  the  superintendent  of  banks,  who  thereupon  shall 
be  authorized  to  employ  appraisers  to  appraise  said  securities,  at  a  com- 
pensation to  be  fixed  by  the  superintendent  of  banks. 

Examiner:  oath  of  olfice  of. 

Sec.  125.  Every  examiner  appointed  by  the  superintendent  of  banks 
shall,  before  entering  upon  the  discharge  of  his  duties,  take  the  consti- 
tutional oath  of  office  and  cause  the  same  to  be  filed  in  the  office  of 
the  secretary  of  state.  No  such  examiner  shall  be  appointed  receiver 
of  any  bank  whose  books,  papers  and  affairs  he  shall  have  examined 
pursuant   to   his   appointment. 

Neglect  of  duty. 

Sec.  126.  If  the  chief  deputy  or  any  examiner  shall  have  knowledge 
of  the  insolvency  or  unsafe  condition  of  any  bank  mentioned  in  this  act, 
and  that  it  is  unsafe  or  inexpedient  to  permit  said  bank  to  continue 
business,  and  shall  neglect  to  forthwith  report  such  fact  in  writing 
over  his  signature  to  the  superintendent  of  banks,  he  shall  be  guilty 
of    felony. 

Transaction  of  business,  certificate  required  for.    Fee. 

Sec.  127.  No  bank  shall  transact  any  business  in  this  state  without 
the  written  approval  of  the  superintendent  of  banks,  and  without  his 
written  certificate  stating  that  it  has  complied  with  the  provisions  of 
this  act,  and  with  all  the  requirements  of  law,  and  that  it  is  authorized 
to  transact,  within  this  state,  the  business  specified  therein,  and  that 
the  requisite  capital  has  been  in  good  faith  subscribed  and  paid  up  in 
cash  or,  if  organized  without  capital  stock  that  it  has  accumulated  the 
requisite  surplus  or  reserve  fund.  Before  issuing  such  certificate  the 
superintendent  of  banks  shall  examine,  or  cause  an  examination  to  be 
made,  in  order  to  ascertain  whether  the  requisite  capital  of  such  bank 
has  been  paid  up  in  cash  or  the  requisite  reserve  or  surplus  fund  has 
been  accumulated.  The  superintendent  of  banks  shall  not  authorize 
such  bank  to  commence  business  until  it  appears  from  such  examina- 
tion, or  other  evidence  satisfactory  to  him,  that  the  requisite  capital 
has  been,  in  good  faith,  subscribed  and  paid  in  in  cash,  or  that  the 
requisite  surplus  or  reserve  fund  has  been  accumulated  or  paid  in  in 
cash,  and  until  such  bank  shall  have  paid  a  fee  of  fifty  dollars.  Every 
person  who  neglects  to  comply  with  any  requirement  of  this  section  shall 
be   guilty  of  a  misdemeanor. 

Stockholders,  fitness  of.     Certificate  of  authorization. 

Sec.  128.  When  the  articles  of  incorporation  shall  have  been  filed 
with  the  secretary  of  state,  and  application  made  for  the  issuance  of  a 
certificate  to  do  business  as  a  bank,  the  superintendent  of  banks  shall 
ascertain,  from  the  best  sources  of  information  at  his  command,  whether 
the  character  ard  general  fitness  of  the  persons  named  as  stockholders 


1886  APPENDIX. 

are  such  as  to  command  tTie  confidence  of  the  community  in  which  snch 
bank  is  proposed  to  be  located,  and,  if  so  satisfied,  he  shall,  within 
sixty  days  after  such  application  has  been  made  to  him,  issue,  under 
his  hand  and  official  seal,  the  certificate  of  authorization  required  by 
this  act.  The  superintendent  of  banks  shall  transmit  such  certificate  of 
authorization  to  the  county  clerk  of  such  county,  who  shall  file  the 
same;  the  superintendent  of  banks  shall  also  file  a  duplicate  of  such 
certificate  in  his  own  office. 

Reports. 

Sec.  129.  Every  bank  doing  a  departmental  business  shall  render  to 
the  superintendent  of  banks  for  each  department  conducted  by  it,  a 
separate  report  showing  in  detail  as  required  by  section  one  hundred 
thirty  of  this  act,  the  actual  financial  condition  of  such  department  and 
shall  at  the  time  of  furnishing  said  report  separately  publish  the  state- 
ment for  each  department  as  provided  in  section  one  hundred  thirty- 
two  of  this  act. 

Same. 

Sec.  130.  Every  bank  doing  business  in  this  state  shall,  whenever  re- 
quired by  the  superintendent  of  banks,  make  a  report  in  writing  to  him, 
verified  by  the  oath  of  its  president  and  its  secretary  or  cashier,  or 
two  principal  officers.  Such  reports  shall  show  the  actual  financial  con- 
dition of  the  bank  making  the  report,  at  the  close  of  any  past  day 
specified  by  the  superintendent,   and  shall  specify  the  following: 

1.  The  amount  of  its  capital  stock  and  the  number  of  shares  into 
which  it  is  divided,  or,  if  not  incorporated,  the  amount  of  capital 
actually  paid  in,  and  by  whom. 

2.  The  names  of  the  directors  and  the  number  of  shares  of  stock  held 
by  each,  or,  if  not  incorporated,  the  names  of  each  member  of  the  firm 
and  the  amount  of  capital  paid  in  by  each. 

3.  The  total  amount  of  capital  actually  paid  up  in  money,  and  the 
total  amount  of  contingent  and  other  reserve  funds,  if  any. 

4.  The    total    amount    due    the    depositors. 

5.  The  total  amount  and  character  of  any  other  liabilities  it  may 
have. 

6.  The  amount  at  which  the  lot  and  building  occupied  by  the  bank 
for  the  transaction  of  its  regular  business  stands  debited  on  its  books, 
together  with  the  market  value  of  all  other  real  estate  held,  whether 
acquired  in  settlement  of  loans  or  otherwise;  the  amount  at  which  it 
stands  debited  on  the  bank  books,  in  what  counties  situated,  and  in 
what  name  the  title  is  vested,  if  not  in  the  name  of  the  bank  itself. 

7.  The  amount  loaned  on  real  estate,  specifying  the  amount  secured  on 
real  estate  in  each  county  separately;  also  specifying  the  name  of  the 
person  in  whose  name  the  property  is  held  in  trust  or  as  security,  in 
case  it  is  held  in  any  name  other  than  that  of  the  bank  and  the  instru- 
ment creating  the  security  does  not  itself  disclose  the  name  of  the  bank. 

8.  The  amount  invested  in  bonds,  designating  the  name  and  amount 
of  each  particular  kind. 


BANKING.  1887 

9.  The  amount  loaned  on  stocks  and  bonds,  designating  each  particu- 
lar   class   and    the   amount   thereof. 

10.  The  amount  of  money  loaned  on  other  securities,  with  a  particu- 
lar designation  of  each  class  and  the  amount  loaned  on  each. 

11.  The  actual  amount  of  money  on  hand  or  deposited  in  any  other 
bank  or  place,  with  the  name  of  the  place  where  deposited  and  the 
amount   in  each  place. 

12.  Any  other  property  held,  or  any  amount  of  money  loaned,  de- 
posited, invested  or  placed,  not  otherwise  herein  enumerated,  and  the 
place  where  situate  and  the  value  of  said  property,  and  the  amount  so 
loaned,  deposited  or  placed,  and  any  other  information  he  may  request 
relative  to  the  conduct  and  affairs  of  such  bank. 

The  oaths  of  the  officers  and  the  statements  above  required  shall  state 
that  they  and  each  of  them  have  a  personal  knowledge  of  the  matters 
therein  contained,  and  that  they  believe  every  allegation,  statement, 
matter,  and  thing  therein  contained  is  true.  Any  willful  false  statement 
in  the  premises  shall  be  perjury  and  shall  be  punished  as  sucli. 

Call   for  reports. 

Sec.  131.  The  superintendent  of  banks  shall  call  for  reports  specified 
by  the  previous  section,  at  least  three  times  each  year,  and  shall  call 
for  such  reports  as  near  as  possible  upon  the  same  days  as  those  desig- 
nated by  the  comptroller  of  the  currency  of  the  United  States  for  re- 
ports of  national  banking  associations. 

Publication  of  statement.     Shall  show,  what. 

See.  132.  At  the  time  of  furnishing  such  report  to  the  superintendent 
of  banks,  every  bank  shall  also  publish  a  condensed  statement  of  its 
financial  condition,  at  least  once,  in  some  newspaper  of  general  circula- 
tion, published  in  the  city  or  town  where  its  principal  place  of  busi- 
ness is  located,  and,  if  no  paper  is  published  in  such  town,  then  in 
some  newspaper  of  general  circulation  in  the  county  where  its  princi- 
pal place  of  business  is  located.  Such  published  statement  shall  show 
the  total  amount  of  loans,  the  total  amount  of  overdrafts,  the  total 
amount  invested  in  bonds  and  other  securities,  the  total  amount  due 
from  banks,  the  total  amount  of  checks  and  other  cash  items,  the  total 
amount  of  cash  on  hand,  capital  paid  in,  surplus  funds;  undivided  profits, 
less  expenses  and  taxes  paid;  due  to  other  banks  and  bankers,  due  to 
trust  companies  and  savings  banks;  individual  deposits  subject  to 
checks;  demand  certificates  of  deposit;  time  deposits;  certified  checks; 
cashier's  checks  outstanding;  and  such  other  items  as  will  show  the 
actual  financial  condition  of  the  bank  making  the  report. 

Impairment  of  capital. 

Sec.  133.  Whenever  the  superintendent  of  banks  shall  have  reason 
to  believe  that  the  capital  of  any  bank  is  reduced  by  impairment  or 
otherwise  below  the  amount  required  by  law  or  by  its  articles  of  in- 
corporation, he  may  require  such  bank  to  make  good  the  deficiency 
within  sixty  days  after  the  date  of  such  requisition.     He  may  examine 


1888  APPENDIX. 

or  cause  to  be  examined  any  such  bank  to  ascertain  tlie  amount  of  such 
impairment  or  reduction  of  capital  and  whether  the  deficiency  has  been 
made  good  as  'required  by  him. 

Conduct  of  business  in  unsafe  manner.    Order  to  show  cause. 

See.  134.  If  it  shall  appear  to  the  superintendent  of  banks  that  any 
bank  has  violated  its  articles  of  incorporation,  or  any  law  binding  upon 
it,  he  must,  by  an  order  under  his  hand  and  official  seal,  which  seal 
must  be  adopted  by  him,  addressed  to  such  bank,  direct  the  discontinu- 
ance of  such  violation;  or,  if  it  shall  appear  to  the  superintendent  of 
banks  that  such  bank  is  conducting  business  in  an  unsafe  or  injurious 
manner,  he  must  in  like  manner  direct  the  discontinuance  of  such  un- 
safe or  injurious  practices.  Such  order  shall  require  such  bank  to  show 
cause,  before  the  superintendent  of  banks,  at  a  time  and  place  to  be 
fixed  by  him,  why  said  order  should  not  be  observed.  If  upon  such 
hearing  it  shall  appear  to  the  superintendent  of  banks  that  such  bank 
is  conducting  business  in  an  unsafe  or  injurious  manner,  or  is  violating 
its  articles  of  incorporation,  or  any  law  of  this  state,  then  the  super- 
intendent of  banks  shall  make  such  order  of  discontinuance  final,  and 
such  bank  shall  immediately  discontinue  all  practices  named  in  such 
order  by  the  superintendent  of  banks.  Such  bank  shall  have  ten  days 
after  any  such  order  is  made  final  in  which  suit  may  be  commenced  to 
restrain  enforcement  of  such  order,  and  unless  such  action  be  so  com- 
menced and  enforcement  of  said  order  be  enjoined  within  ten  days,  by 
the  court  in  which  such  suit  is  brought,  then  such  bank  shal.  comply 
with  such  order;  and,  in  the  event  of  its  failure  so  to  do,  then  the 
superintendent  of  banks  shall  have  power  to  take  immediate  charge  and 
control  of  said  bank,  and  liquidate  its  affairs  in  the  manner  provided  in 
this    act    for    the    liquidation    of    banks. 

Rule  governing  action. 

Sec.  135.  In  any  such  action,  no  damage  may  be  awarded,  but  the 
action  otherwise  shall  be  commenced,  tried  and  determined  according  to 
the  provisions  of  the  Code  of  Civil  Procedure  of  California. 

Superintendent  may  take  possession,  when.     Notice  to  debtors.    Eesump- 
tion  of  business.     Liquidation. 

Sec.  136.  Whenever  the  superintendent  of  banks  shall  have  reason 
to  conclude  that  any  bank  is  in  an  unsound  or  unsafe  condition  to  trans- 
act the  business  for  which  it  is  organized,  or  that  it  is  unsafe  or  inex- 
pedient for  it  to  continue  business,  the  superintendent  of  banks  may 
forthwith  take  possession  of  the  property  and  business  of  such  bank, 
and  retain  such  possession  until  sue  i  ban"  shall  resume  business,  or  its 
affairs  be  finally  liquidated,  as  herein  provided. 

On  taking  possession  of  the  property  and  business  of  any  such  bank, 
the  superintendent  of  banks  shall  forthwith  give-  notice  in  writing  of 
such  fact  to  any  and  all  corporations  and  individuals  holding  or  in  pos- 
session of  any  of  the  assets  of  such  bank. 


BANKING.  1889 

No  baTik,  corporation  or  ir.clividnal,  knowing  of  suoli  tnkinsf  pn?sossion 
by  the  superintendent  of  banks,  or  notified  as  aforesaid,  sliall  have  a  lien 
or  chargfi  for  any  payment,  advance  or  clearance  thereafter  made,  or 
liability  thereafter  incurred  against  any  of  the  assets  of  the  bank  of 
•whose  property  and  business  the  superintendent  of  banks  shall  have 
taken  possession  as  aforesaid.  Such  bank  may,  with  the  consent  of  the 
superintendent  of  banks,  resume  business  upon  such  conditions  as  may 
be  approved  by  him. 

Upon  taking  possession  of  the  property  and  business  of  such  bank, 
the  superintendent  of  banks  is  authorized  to  collect  moneys  due  to  such 
bank,  and  to  do  such  other  acts  as  are  necessary  to  conserve  its  assets 
and  business,  and  shall  proceed  to  liquidate  the  aifairs  thereof  as  herein- 
after provided. 

The  superintendent  of  banks  shall  collect  all  debts  due  and  claims 
belonging  to  it,  and  upon  the  order  of  the  superior  court  may  sell  or 
compound  all  bad  or  doubtful  debts,  and  on  like  order  may  sell  all  real 
and  personal  property  of  such  bank  on  such  terms  as  the  court  shall 
direct;  and  may,  if  necessary  to  pay  the  debts  of  such  bank,  enforce 
individual  liability  of  the  stockholders  by  action  to  be  brought  within 
three  years  after  the  date  of  his  taking  possession  of  the  aifairs  of  such 
1  ank. 

The  superintendent  of  banks  may,  under  his  hand  and  official  seal, 
appoint  one  or  more  special  deputy  superintendents  of  banks,  as  agent 
or  agents,  to  assist  him  in  the  duty  of  liquidation  and  distribution,  the 
certificate  of  appointment  to  be  filed  in  the  office  of  the  superintendent 
of  banks,  and  a  certified  copy  in  the  oflice  of  the  clerk  of  tlae  county  in 
which  the  principal  office  of  such  bank  is  located. 

The  superintendent  of  banks  may,  from  time  to  time,  authorize  a 
special  deputy  superintendent  to  perform  such  duties  connected  with 
such  liquidations  and  distribution  as  the  superintendent  of  banks  may 
deem  proper.  The  superintendent  of  banks  may  employ  such  counsel, 
and  procure  such  expert  assistance  and  advice  as  may  be  necessary  in 
the  liquidation  and  distribution  of  the  assets  of  such  bank,  and  may 
retain  such  officers  or  employees  of  such  bank  as  he  may  deem  neces- 
sary. The  superintendent  of  banks  shall  require,  from  a  special  deputy 
superintendent  and  from  such  assistants,  such  security  fox  the  faithful 
discharge  of  their  duties  as  he  may  deem  proper. 

The  superintendent  of  banks  shall  cause  notice  to  be  given  by  adver- 
tisement in  such  newspapers  as  he  may  direct,  weekly,  for  three  con- 
secutive months,  calling  on  all  persons  who  may  have  claims  against  such 
bank,  to  present  the  same  to  the  superintendent  of  banks,  and  make 
legal  proof  thereof,  at  a  place  and  within  a  time  not  more  than  six 
months  after  the  last  day  of  publication,  to  be  therein  specified. 

The  superintendent  of  banks  shall  mail  a  copy  of  such  notice  to  all 
persons  whose  names  appear  as  creditors  upon  the  books  of  the  bank. 
If  the  superintendent  of  banks  doubts  the  justice  and  validity  of  any 
claim,  he  may  reject  the  same  and  serve  notice  of  such  rejection  upon 
the  claimant,  either  by  mail  or  personally.     An  affi^davit  of  the  service 


1890  APPENDIX. 

of  such  notice  shall  he  prima  facie  evidence  thereof,  and  shall  be  filed 
with  the  superintendent  of  banks.  An  action  upon  a  claim  so  rejected 
must  be  brought  within  six  months  after  such  service.  Claims  presented 
after  the  expiration  of  the  time  fixed  in  the  notice  to  creditors  shall  be 
entitled  to  share  ratably  in  the  distribution  to  the  extent  of  the  assets 
in  the  hands  of  the  superintendent  of  banks,  equitably  applicable  thereto. 

Upon  taking  possession  of  the  property  and  assets  of  such  bank,  the 
superintendent  of  banks  shall  make  an  inventory  of  the  assets  of  such 
bank  in  duplicate,  one  to  be  filed  in  the  office  of  the  superintendent  of 
banks,  and  one  in  the  office  of  the  clerk  of  the  county  in  which  the  prin- 
cipal office  of  such  bank  is  located;  upon  the  expiration  of  the  time  fixed 
for  the  presentation  of  claims,  the  superintendent  of  banks  shall  make 
in  duplicate  a  full  and  complete  list  of  the  claims  presented,  including 
and  specifying  such  claims  as  have  been  rejected  by  him,  one  to  be  filed 
in  the  office  of  the  superintendent  of  banks,  and  one  in  the  office  of  the 
clerk  of  the  county  in  which  the  principal  oflEice  of  such  bank  is  located; 
such  inventory  and  list  of  claims  shall  be  open  at  all  reasonable  times 
for  inspection. 

The  compensation  of  the  special  deputy  superintendents,  counsel,  and 
other  officers  and  assistants,  and  all  expenses  of  supervision  and  liquida- 
tion, shall  be  fixed  by  the  superintendent  of  banks  on  notice  to  such 
bank,  and  shall  upon  his  certificate  be  paid  out  of  the  funds  of  such 
bank  in  his  hands. 

The  sums  collected  by  the  superintendent  of  banks  shall,  from  time 
to  time,  be  deposited  in  one  or  more  banks  in  this  state,  subject  to  exam- 
ination by  the  superintendent  of  banks. 

At  any  time  after  the  expiration  of  the  date  fixed  for  the  presenta- 
tion of  claims,  the  superintendent  of  banks  may,  out  of  the  funds  re- 
maining in  his  hands  after  the  payment  of  expenses,  declare  one  or  more 
dividends,  and  after  the  expiration  of  one  year  from  the  date  of  first 
publication  of  notice  to  creditors  he  may  declare  a  final  dividend. 

Objection  to  any  claim  not  rejected  by  the  superintendent  of  banks 
may  be  made  by  any  party  interested,  by  filing  a  copy  of  such  objection 
with  the  superintendent  of  banks,  who  shall  present  the  same  to  the 
superior  court  of  the  county  in  which  such  bank  has  its  principal  place 
of  business,  with  a  petition  that  said  court  pass  upon  the  validity  of 
such  claims;  and  such  court  shall  thereupon,  upon  such  notice  to  the 
party  presenting  the  same,  and  to  the  superintendent  of  banks,  as  the 
court  may  deem  proper,  accept  or  reject  said  claim,  and  the  superintend- 
ent of  banks  shall  observe  the  order  of  the  court  in  that  regard;  pro- 
vided, however,  that  should  the  claim  be  rejected,  such  rejection  shall 
not  conclude  the  claimant  from  bringing  an  action  upon  such  claim 
within  six  months  after  such  rejection. 

Upon  the  petition  of  the  superintendent  of  banks,  such  court  may 
make  proper  provisions  for  unclaimed  deposits. 

Whenever  any  such  bank,  of  whose  property  and  business  the  super- 
intendent of  banks  has  taken  possession  as  aforesaid,  deems  itself 
aggrieved  thereby,  it  may  at  any  time  within  ten  days  after  such  taking 


BANKING.  1801 

possession,  and  not  thereafter,  apply  to  the  superior  court  in  the  county 
in  which  the  principal  office  of  such  bank  is  located,  to  enjoin  further 
proceedings;  and  said  court,  after  citing  the  superintendent  of  banks  to 
show  cause  why  further  proceedings  should  not  be  enjoined,  and  upon 
hearing  the  allegations  and  proofs  of  the  parties,  and  determining  the 
facts,  may,  upon  the  merits,  dismiss  such  application,  or  enjoin  the 
superintendent  of  banks  from  further  proceedings,  and  direct  him  to 
surrender  such  business  and  property  to  such  bank. 

Either  party  aggrieved  by  the  judgment  rendered  thereon  may  appeal 
therefrom  to  the  supreme  court,  as  in  other  cases  of  appeal  thereto  from 
the  judgment  of  a  superior  court. 

An  appeal  as  above  provided  shall  operate  as  a  stay  of  the  judgment 
of  the  superior  court,  and  no  bond  need  be  given  if  the  appeal  be  taken 
by  the  superintendent  of  banks;  but  if  the  appeal  be  taken  by  such 
bank,  a  bond  shall  be  given,  as  required  by  section  nine  hundred  and 
forty-three  of  the  Code  of  Civil  Procedure. 

Whenever  the  superintendent  of  banks  shall  have  paid  to  each  and 
every  depositor  and  creditor  of  such  corporation  (not  including  stock- 
holders) whose  claim  or  claims  as  such  creditor  or  depositor  shall  have 
been  dulj^  approved  and  allowed  the  full  amount  of  such  claim,  and  shall 
have  made  proper  provisions  for  unclaimed  and  unpaid  deposits  or  divi- 
dends, and  shall  have  paid  all  expenses  of  the  liquidation,  the  super- 
intendent of  banks  shall  call  a  meeting  of  the  stockholders  of  such 
corporation  by  giving  notice  thereof  for  thirty  days,  in  one  or  more 
newspapers  published  in  the  county  where  the  principal  office  of  such 
corporation  is  located.  At  such  meeting,  the  superintendent  of  banks 
shall  appear  and  deliver  to  the  stockholders  all  the  property,  effects  and 
records  of  such  bank,  and  upon  such  transfer  and  delivery  he  shall  be 
discharged  from  any  and  all  further  liability  to  such  loank  and  its 
creditors.  And  thereupon  the  bank  shall  be  in  the  same  position  as 
though  it  had  never  been  authorized  to  transact  a  banking  business, 
and  such  bank,  by  fulfilling  the  requirements  of  this  act,  and  of  the 
superintendent  of  banks,  can  thereafter  be  authorized  to  resume  the 
conduct  of  its  business  as  a  bank. 

Dissolution  of  bank.    Escheat  of  unclaimed  funds. 

Sec.  137.  1.  Any  bank  shall  have  the  right,  on  application  of  the 
stockholders  or  members  to  apply  to  the  superior  court  of  the  county 
wherein  its  principal  place  of  business  is  situated,  to  dissolve  said  bank 
in  the  manner  provided  for  in  title  six,  part  three  of  the  Code  of  Civil 
Procedure. 

2.  It  is  hereby  made  the  duty  of  every  person  or  corporation  holding 
funds  of  any  bank,  at  the  end  of  five  years  from  and  after  such  bank 
has  ceased  to  receive  deposits,  or  do  business,  to  pay  the  same  into  the 
'state  treasury,  which  money  shall  be  held  in  the  state  school  land  fund; 
and  at  the  same  time  it  shall  be  the  duty  of  such  person  or  corporation 
to  furnish  to  the  state  controller  a  list  of  the  names  of  all  depositors  to 
whom  said  moneys  belong  or  to  whom  said  bank  owes  the  same. 


1892  APPENDIX. 

3.  The  money  may  be  drawn  out  on  the  warrants  of  the  state  con- 
troller, issued  on  proofs  of  ownership,  approved  and  allowed  by  the 
state  board  of  examiners. 

4.  All  moneys  paid  into  the  said  fund,  uncalled  for  within  five  years 
after  being  paid  in,  shall  by  operation  of  law,  and  without  action  had, 
escheat  to  the  state,  and  thereafter  only  be  drawn  out  in  such  manner 
as  now  provided  for  by  law  for  the  estates  of  deceased  persons  escheated 
to  this  state. 

5.  The  state  board  of  examiners  must  invest  such  moneys  in  the  same 
manner  that  the  state  school  laud  fund  is  invested  as  provided  by  law. 
But  any  claimant  shall  be  entitled  to  recover  as  herein  provided  only 
the  principal  so  paid  into  the  state  treasury. 

Reports,  failure  to  make. 

Sec.  138.  If  any  bank  shall  fail  to  make  the  report  required  by  law 
or  by  the  superintendent  of  banks,  within  ten  daj^s  from  the  day  des- 
iguated  for  the  making  thereof,  or  to  include  therein  any  matter  re- 
quired by  law  or  by  the  superintendent  of  banks,  every  such  delinquent 
bank  shall  forfeit  to  the  people  of  the  state  the  sum  of  one  hundred 
dollars  for  each  day  that  such  report  shall  be  delayed  or  withheld,  and 
for  every  day  it  shall  fail  to  report  any  such  omitted  matter.  In  the 
event  of  the  failure  of  any  such  bank  to  make  the  report  required  from 
it  by  law,  or  by  the  superintendent  of  banks,  he  shall  immediately  cause 
the  books,  papers  and  affairs  of  such  bank  to  be  thoroughly  examined. 

Directors  of  banks,  duties  of.     Report  of  directors  to  contain,  what. 

Sec.  139.  It  shall  be  the  duty  of  the  board  of  directors  of  every  bank 
to  examine  fully  into  the  books,  papers  and  affairs  of  the  bank  of  which 
they  are  directors,  and  particularly  into  the  loans  and  discounts  thereof, 
with  a  special  view  to  ascertaining  the  value  and  security  thereof,  and 
of  the  collateral  security,  if  any  given,  in  connection  therewith,  and  into 
such  other  matters  as  the  superintendent  of  banks  may  require;  such 
examination  to  be  made  at  least  once  a  year,  but  no  such  subsequent 
yearly  examinations  shall  be  made  within  three  months  of  the  next  pre- 
ceding examination.  Such  directors  shall  have  power  to  employ  such 
assistance  in  making  such  examination  as  they  may  deem  necessary. 
"Within  ten  days  after  the  completion  of  such  examination,  a  report  in 
writing  thereof,  sworn  to  by  the  directors  making  the  same,  shall  be 
made  by  the  board  of  directors  of  such  bank,  and  placed  on  file  with 
the  records  of  said  bank,  and  shall  be  subject  to  examination  by  the 
superintendent  of  banks. 

Such  report  shall  particularly  contain  a  statement  of  the  assets  and 
liabilities  of  the  bank  examined,  as  shown  by  its  books,  together  with 
any  deductions  from  the  assets,  or  additions  to  liabilities,  which  such 
directors  or  committee,  after  such  examination,  may  determine  to  make. 
It  shall  also  contain  a  statement,  in  detail,  of  loans,  if  any,  which  in 
their  opinion  are  worthless  or  doubtful,  together  with  their  reasons  for 
so  regarding  them;  also  a  statement  of  loans  made  on  collateral  secu- 
rity, which  in  their  opinion  are  insufiiciently  secured,  giving  in  each  ease 


BANKING,  1893 

the  amount  of  the  loan,  the  name  and  market  value  of  the  collateral, 
if  it  has  any  market  value,  and,  if  not,  a  statement  of  that  fact,  and 
its  actual  value  as  nearly  as  possible.  Such  report  shall  also  contain  a 
statement  of  overdrafts,  of  the  names  and  amounts  of  such  as  they 
consider  worthless  or  doubtful,  and  a  full  statement  of  such  other  mat- 
ters as  affect  the  solvency  and  soundness  of  the  bank.  If  the  directors 
of  such  bank  shall  fail  to  make,  or  cause  to  be  made,  and  file  such  report 
of  examination  in  the  manner  and  within  the  time  specified,  the  directors 
of  such  bank  shall  be  guilty  of  a  misdemeanor. 

Report  of  superintendent  to  governor. 

Sec.  140.  The  superintendent  of  banks  shall  report  during  the  month 
of  October  of  each  year,  to  the  governor,  for  submission  to  the  next 
ensuing  session  of  the  legislature: 

1.  A  summary  of  the  state  and  condition  of  every  bank  required  to 
report  to  him,  and  from  which  reports  have  been  received  the  preceding 
year,  with  an  abstract  of  the  whole  amount  of  capital  returned  by  them, 
the  whole  amount  of  their  debts  and  liabilities,  and  the  total  amount  of 
means  and  resources,  specifying  the  amount  of  specie  held  by  them  at 
the  time  of  the  last  report  to  him,  and  such  other  information  in  rela- 
tion to  such  banks  as,  in  his  judgment,  may  be  useful. 

2.  A  statement  of  all  banks  authorized  by  him  to  do  business  during 
the  previous  year,  with  their  names  and  locations  and  dates  of  incor- 
poration, and  particularly  designating  such  as  have  commenced  business 
during  the  year. 

3.  A  statement  of  the  banks  whose  business  has  been  closed  during 
the  year. 

4.  Any  amendments  to  the  banking  law,  which,  in  his  judgment,  may 
be  desirable. 

5.  The  names  and  compensation  of  all  persons  employed  by  him,  and 
the  whole  amount  of  the  receipts  and  expenses  of  the  department  during 
the  year. 

6.  The  names  of  banks  placed  in  his  hands  in  process  of  liquidation, 
and  the  amount  of  dividends  paid  thereon. 

Such  report,  and  the  usual  number  of  copies  for  the  use  of  the  legis- 
lature, shall  be  printed  and  in  readiness  for  distribution  by  the  state 
printer,  and  one  thousand  copies  shall  be  printed  for  the  use  of  the 
department,  the  expense  of  which  shall  be  charged  among  the  general 
expenses  of  the  department. 

Weekly  bulletin  to  be  posted  by  superintendent:   items  of.    Bulletins, 

file  of. 

Sec.  141.  1.  The  superintendent  of  banks  shall  keep  in  his  office,  in 
a  place  accessible  to  the  general  public,  a  bulletin-board  upon  which  he 
shall  cause  to  be  posted  at  noon  on  Friday  of  each  week  a  detailed 
statement,  signed  by  him  or,  in  case  of  his  absence  from  San  Francisco 
01  inability  to  act,  by  the  deputy  superintendent  in  charge,  giving  the 
following  items  of  general  information  with  regard  to  the  work  of  the 
department  since  the  preceding  statement: 


1894  APPENDIX. 

(a)  The  name  of  every  bank  that  has  filed  in  the  banldng  department 
an  application  for  authorization  to  commence  business,  its  location  and 
the  date  of  filing  of  such  application. 

(b)  The  name  and  location  of  every  bank  authorized  by  the  super- 
intendent of  banks  to  commence  business,  its  capital,  surplus,  and  the 
date  of  authorization. 

(c)  The  name  of  every  bank  to  which  a  certificate  of  authorization 
has  been  refused  by  the  superintendent  of  banks,  and  the  date  of  notice 
of  refusal. 

(d)  The  name  and  residence  of  every  person  appointed  by  the  super- 
intendent of  banks  as  a  deputy,  examiner  or  employee  in  the  banking 
department,  the  title  of  the  office  to  which  appointed,  the  compensation 
paid,  and  the  date  of  appointment. 

(e)  The  date  on  which  a  call  for  a  report  by  banks  was  issued  by 
the  superintendent  of  banks,  and  the  day  designated  as  the  day  with 
reference  to  which  such  report  should  be  made. 

(f)  The  name  and  location  of  every  bank  whose  creditors  or  depos- 
itors have  been  paid  in  full  by  the  superintendent  of  banks  and  a  meet- 
ing of  whose  stockholders  shall  have  been  called,  together  with  date  of 
notice  of  meeting  and  date  of  meeting. 

(g)  The  name  and  location  of  every  bank  subject  to  the  banking  law 
whose  affairs  and  business  shall  have  been  finally  liquidated,  or  in  course 
of  liquidation. 

(h)  The  name  and  location  of  every  bank  which  has  applied  for 
approval  of  a  change  of  name,  and  the  name  proposed. 

2.  Every  such  bulletin,  after  having  been  posted  as  aforesaid  for  one 
week,  shall  be  placed  on  a  file  for  such  statements,  to  be  kept  in  the 
office  of  the  superintendent  of  banks.  All  such  statements  shall  be 
public  documents,  and  at  all  reasonable  times  shall  be  open  to  public 
inspection  during  usual  banking  hours. 

Official  reports,  prima  facie  evidence. 

Sec.  142.  Every  official  report  made  by  tbe  superintendent  and  every 
report  duly  verified  of  an  examination  made,  shall  be  prima  facie  evi- 
dence of  the  facts  therein  stated,  for  all  purposes  in  any  action  or 
proceeding  wherein  such  bank  is  a  party. 

Neglect  of  duty  by  superintendent. 

Sec.  143.  If  the  superintendent  of  banks  shall  have  knowledge  of  the 
insolvency  or  unsafe  condition  of  any  bank  mentioned  in  this  act,  and 
that  it  is  unsafe  or  inexpedient  to  permit  said  bank  to  continue  busi- 
ness, and  shall  neglect  to  forthwith  take  action  as  provided  in  sections 
one  hundred  thirty-three,  one  hundred  thirty-four,  and  one  hundred 
thirty-six  of  this  act,  he  shall  be  guilty  of  a  felony. 

Actions,  duty  of  attorney-general. 

Sec.  144.  Whenever  by  the  terms  of  this  act  a  penalty  or  forfeiture 
is  imposed,  the  same  shall  be  recovered  in  an  action  brought  at  the 
request  of  the  superintendent  of  banks  by  the  attorney-general,  iu  the 


BONDS.  1895 

name  of  the  people  of  the  state,  and  the  sum  recovered  shall  be  paid 
into  the  state  banking  fund  and  used  in  payment  of  claims  against  the 
said  fund. 

Construction  of  act. 

Sec.  145.  The  powers,  privileges,  duties  and  restrictions  conferred  and 
imposed  upon  any  corporation  or  individual  existing  and  doing  business 
under  the  laws  of  this  state  are  hereby  abridged,  enlarged  or  modified  as 
each  particular  case  may  require,  to  conform  to  the  provisions  of  this 
act,  notwithstanding  anything  to  the  contrary  in  their  respective  articles 
of  incorporation  or  charters.  The  legality  of  investments  heretofore 
made,  or  of  transactions  heretofore  had,  pursuant  to  any  provisions  of 
law  in  force  when  such  investments  were  made"  or  transactions  had, 
shall  not  be  affected  by  the  provisions  of  this  act,  nor  shall  such  pro- 
visions require  the  changing  of  investments  for  those  named  in  this 
act,  except  as  the  same  can  be  done  gradually  by  the  sale  or  redemption 
of  the  securities  so  invested  in,  in  such  manner  as  to  prevent  loss  or 
embarrassment  in  the  business  of  such  bank,  or  unnecessary  loss  or  injury 
to  the  borrowers  on  such  security. 

Conflicting  laws  repealed. 

Sec.  146.  All  acts,  or  parts  of  acts,  in  conflict  with  this  act  are  hereby 
repealed. 

Act  takes  effect  when. 

Sec.  147.     This  act  shall  take  effect  July  first,  1909. 


BONDS. 

'An  Act  to  facilitate  the  giving  of  bonds  required  "by  law. 

[Approved  March  12,  1885;   Stats.  1885,  p.  114.] 

§  1.  Incorporation  for  giving  bonds. 
§  2.  When  corporation  not  accepted. 
§  3.     Duty  of  insurance  commissioner. 

tncorporation  for  giving  bonds. 

Section  1.  Whenever  any  person  who  now  or  hereafter  may  be  required 
or  permitted  by  law  to  make,  execute,  and  give  a  bond  or  undertaking, 
with  one  or  more  sureties,  conditioned  for  the  faithful  performance  of 
any  duty,  or  for  the  doing  or  not  doing  of  anything  in  said  bond  or 
undertaking  specified,  any  head  of  department,  board,  court,  judge,  offi- 
cer, or  other  person  who  is  now  or  shall  hereafter  be  required  to  approve 
the  sufficiency  of  any  such  bond  or  undertaking,  or  the  sureties  thereon, 
may  accept  as  sole  and  sufhcient  surety  on  such  bond  or  undertaking, 
any  corporation  incorporated  under  the  laws  of  any  state  of  the  United 
States  for  the  purpose  of  making  or  guaranteeing  bonds  and  undertakings 
required   by  law,  and  which  shall   have   complied  with   all   the   require- 


1896  APPENDIX. 

ments  of  the  laws  of  this  state  regulating  the  admission  of  such  corpora- 
tion to  transact  such  business  in  this  state;  and  all  such  corporations 
are  hereby  vested  with  full  power  and  authority  to  make 'and  guarantee 
such  bonds  and  undertakings,  and  shall  be  subject  to  all  the  liabilities 
and  entitled  to  all  the  rights  of  natural  persons  sureties. 

When  corporation  not  accepted. 

See.  2.  It  is  further  provided,  that  the  guaranty  of  any  such  company 
shall  not  be  accepted  by  heads  of  departments  or  others,  as  provided  in 
section  one  of  this  act,  whenever  its  liabilities  shall  exceed  its  assets,  as 
ascertained  in  the  manner  provided  in  section  three  of  this  act. 

Duty  of  insurance  commissioner. 

Sec.  3.  Whenever  the  liabilities  of  any  such  company  shall  exceed  its 
assets,  the  insurance  commissioner  shall  require  the  deficiency  to  be  paid 
up  within  sixty  days,  and  if  it  is  not  so  paid  up,  then  he  shall  issue  a 
certificate  showing  the  extent  of  such  deficiency,  and  he  shall  publish 
the  same  once  a  week  for  three  weeks,  in  a  daily  San  Francisco  paper, 
and  thenceforth,  and  until  such  deficiency  is  paid  up,  such  company  shall 
not  do  business  under  the  provisions  of  this  act.  And,  in  estimating  the 
condition  of  any  such  company,  under  the  provisions  of  this  act,  the  com- 
missioner shall  allow  as  assets  only  such  as  are  authorized  under  exist- 
ing laws  at  the  time,  and  shall  charge  as  liabilities,  in  addition  to  eighty 
per  cent  of  the  capital  stock,  all  outstanding  indebtedness  of  the  com- 
pany, and  a  premium  reserve  equal  to  fifty  per  centum  of  the  premiums 
charged  by  said  company  on  all  risks  then  in  force.  Nothing  herein 
contained  shall  apply  to  bonds  given  in  criminal  cases. 

Sec.  4.    This  act  shall  take  effect  immediately. 


CEMETERIES. 

An  Act  to  provide  for  public  cemetery  districts. 
[Approved  March  6,  1909;  Stats.  1909,  p.  156.] 
Deed  by  cemetery  corporation:    See  post,   tit.   "Corporations." 

An  Act  to  autlwrize  the  Incorporation  of  Bural  Cemetery  Associations. 

[1.  Approved  April  18,  1859;   Stats.  1859,  p.  281.      2.  Amended  January  13,  1864; 

Stats.  1863-64,  p.  12.     3.  Amended  March  31,  1891;  Stats.  1891,  p.  264.] 


CORPORATIONS.  1897 

An  Act  supplemental  to  an  act  entitled  "An  Act  to  authorise  the  incorpora- 
tion of  rural  cemetery  association,"  approved  April  28,  {18,']  1859, 
authorizing  such  association  to  erect,  purchase,  or  lease  buildings  and 
furnaces  and  other  works  for  cremation  of  human  bodies;  also,  to  erect 
or  lease  buildings  in  which  shall  be  entombed  only  the  ashes  of  cremated 
dead,  to  make  provision  for  the  care  of  the  burial-places  and  ashes  of 
the  dead;  also,  to  provide  for  the  cremation  of  the  unclaimed  dead  a7id 
todies  liable,  if  interred,  to  spread  disease. 

[Approved  March  1,  1899;  Stats.  1899,  p.  36.] 


CORPORATIONS. 

Act  allowing  corporation  to  act  as  surety:  See  ante,  tit.  "Bonds." 

An  Act  to  provide  for  the  payment  of  the  wages  of  mechanics  and  laborers 
employed  by  corporations. 
[Approved  March  31,  1891;  Stats.  1891,  p.  195.1 
§  1.     Wages  paid  weekly  or  monthly. 
§  2.     Non-payment,  rights  on. 

Wages  paid  weekly  or  monthly. 

Section  1.  Every  corporation  doing  business  in  this  state  sliall  pay 
the  mechanics  and  laborers  emploj'-ed  by  it  the  wages  earned  by  and  due 
them  weekly  or  monthly,  on  such  day  in  each  week  or  month  as  shall  be 
selected  by  said  corporation. 

Non-payment,  rights  on. 

Sec.  2.  A  violation  of  the  provisions  of  section  one  of  this  act  shall 
entitle  each  of  the  said  mechanics  and  laborers  to  a  lien  on  all  the  prop- 
erty of  said  corporation  for  the  amount  of  their  wages,  which  lien  shall 
take  preference  over  all  other  liens,  except  duly  recorded  mortgages  or 
deeds  of  trust;  and  in  any  action  to  recover  the  amount  of  such  wages  or 
to  enforce  said  lien,  the  plaintiff  shall  be  entitled  to  a  reasonable  attor- 
ney's fee,  to  be  fixed  by  the  court,  and  which  shall  form  part  of  the 
judgment  in  said  action,  and  shall  also  be  entitled  to  an  attachment 
against  said  property. 

Constitutionality.     Declared  unconstitutional  in  Slocum  v.  Bear  Valley  Irriga- 

tiou  Co.,  122  Cal.  555. 


1898  APPENDIX. 

An  Act  requiring  every  corporation  doing  business  in  this  state  to  pay  their 
employees,  and  each  of  them,  at  least  once  in  each  and  every  month, 
the  wages  earned  by  such  employee;  to  limit  th-e  defenses  which  may  he 
set  up  hy  such  corporation  to  assignments  of  wages,  set-of  or  counter- 
claims, or  the  absence  of  such  employee  at  the  time  of  making  payment, 
and  in  case  of  such  absence  the  wages  are  payable  upon  demand;  to 
prohibit  assignments  of  wages  for  the  purpose  of  evading  the  provisions 
of  this  act,  and  agreements  to  accept  wages  at  longer  periods  than  as 
herein  provided  as  a  condition  of  employment ;  to  fix  a  penalty  for  this 
molation  of  the  provisions  of  this  act  by  such  corporation,  and  to  pro- 
vide for  the  disposition  of  any  fines  recovered  from  corporations  violat- 
ing the  same. 

[Approved  March  29,  1897;   Stats.  1897,  p.  231.1 
Constitutionality.     See  post,  note  under  §  8. 

§  1.      Corporation  must  pay  wages  monthly. 

§  2.     Lien  in  case  of  failure. 

§  3.     Defenses. 

§  4.     Assignment  of  wages. 

§  5.     Agreement  as  to  wajres. 

§  6.      In  what  money  wages  payable. 

§  7.     Penalty. 

Corporation  must  pay  wages  monthly. 

Section  1.  Every  corporation  doing  business  in  this  state  shall  pay,  at 
least  once  a  month,  each  and  every  employee  employed  by  such  corpora- 
tion, in  transacting  or  carrying  on  its  business,  or  in  the  performance 
of  labor  for  it,  the  wages  earned  by  such  employee  during  the  preceding 
month;  provided,  however,  that  if  at  the  time  of  payment  any  employee 
shall  be  absent,  or  not  engaged  in  his  usual  employment,  he  shall  be  en- 
titled to  said  payment  at  any  time  thereafter  upon  demand. 

Lien  in  case  of  failure. 

Sec.  2.  _  A  violation  of  any  of  the  provisions  of  section  one  of  this  act 
shall  entitle  each  of  the  said  employees  to  a  lien  on  all  the  property  of 
said  corporation  for  the  amount  of  their  wages,  which  lien  shall  take 
preference  over  all  other  liens,  except  duly  recorded  mortgages  or  deeds 
of  trust;  and  in  any  action  to  recover  the  amount  of  such  wages,  or  to 
enforce  said  lien,  the  plaintiff  shall  be  entitled  to  a  reasonable  attor- 
ney's fee,  to  be  fixed  by  the  court,  and  which  shall  form  part  of  the 
judgment  in  said  action,  and  shall  also  be  entitled  to  an  attachment 
against  said  property.  An  unrecorded  deed  shall  be  no  defense  to  such 
actions. 

Defenses. 

Sec.  3.  That  on  the  trial  of  any  action  against  such  corporation  for  a 
violation  of  the  provisions  of  this  act,  such  corporation  shall  not  be 
allowed  to  set  up  any  defense  for  a  failure  to  pay  monthly  any  em- 
ployee engaged  in  transacting  or  carrying  on  its  business  the  wages 
earned  by  such  employee  during  the  preceding  month,  other  than  the  fact 


CORPORATIONS.  .      1899 

that  such  wages  were  not  earned,  except  a  valid  assignment  of  such 
wages,  a  set-off  or  counterclaim  against  the  same,  or  the  absence  of  such 
employee  from  his  usual  employment  at  the  time  of  the  payment  of  the 
wages  so  earned  by  him. 

Assignment  of  wages. 

Sec.  4.  No  assignment  of  future  wages,  payable  monthly  under  the 
provisions  of  this  act,  shall  be  made  to  the  corporation  from  which  such 
wages  are  or  may  become  due,  to  auy  person,  on  behalf  of  such  corpora- 
tion, for  the  purpose  of  evading  the  provisions  of  this  act,  and  all  such 
assignments  are  hereby  declared  to  be  invalid. 

Agreement  as  to  wages. 

Sec.  5.  No  corporation  shall  require,  and  no  employee  of  such  corpora- 
tion shall  make,  any  agreement  to  accept  wages  at  longer  periods  than 
as  provided  in  this  act  as  a  condition  of  employment. 

In  what  money  wages  payable. 

Sec.  6.  All  wages  earned  by  any  employee  engaged  in  the  service  of 
any  corporation  in  this  state  shall  be  paid  in  lawful  moneys  of  the 
United  States,  or  in  checks  negotiable  at  face  value  on  demand. 

Penalty. 

Sec.  7.  Any  corporation  violating  any  of  the  provisions  of  this  act 
shall  be  subject  to  a  fine  not  exceeding  one  hundred  dollars,  or  less  than 
fifty  dollars,  for  each  violation,  the  same  to  be  imposed  by  any  court  in 
this  state  having  jurisdiction  of  offenses  in  which  the  penalty  does  not 
exceed  a  fine  of  one  hundred  dollars;  said  fine  to  be  paid,  by  the  judge 
or  magistrate  before  whom  a  recovery  may  be  had  under  the  provisions 
of  this  act,  into  the  general  fund  of  the  treasury  of  the  county  in  which 
said  conviction  may  be  had. 

Sec.  8.  This  act  shall  take  effect  and  be  in  force  from  and  after  the 
first  day  of  April,  eighteen  hundred  and  ninety-seven. 

Constitutionality.     Declared   uuconstitutional  ia  Joliuson  v.   Goodjear  M.   Co., 
127  Cal.  4. 


1900  APPENDIX. 

An  Act  authorizing  certain  corporations  to  act  as   executor  and  in  other 

capacities,  and  to  provide  for  and  regulate  the  administration  of  trusts 

by  such  corporations. 

[1.  Approved    April    6,    1891;    Stats.    1891,    p.    490.     2.  Amended    April    1,    1897; 

Stats.    1897,    p.    424.      3.   Amended    March    20,    1903;    Stats.    1903,    p.    244.      4. 

Amended  March  18,  1905;   Stats.  1905,  p.  232.      5.  Amended  March  18,  1907; 

Stats.  1907,  p.  562.] 

§    1.     What  corporation  may  act  as  executor. 

§    2.     Deposits  made  with  corporation. 

§     3.     Public  administrator  may  make  deposits. 

§    4.      Court  may  order  deposit  and  reduce  bonds. 

§    5.     Responsible  for  investments. 

§     6.      Interest. 

§     7.     Deposit  of  bonds  with  state  treasurer, 

S     8.     May  mortgage  real  estate. 

§    9.     Deposit,  increase  and  decrease  of. 

I  10.     Abstracts  of  title. 

§  11.      Certificate  of  authority. 

§  12.      Semi-annual  statement. 

§  13.      "Verification  of  statement. 

§  14.      Duty  of  bank  commissioners. 

§  15.      [No  section  of  this  number.] 

§  16.      Administering   oaths  and  examining  witnesses. 

§  17.     Duty  when  corporation  violates  law. 

§  18.     False  statement  revokes  authority, 

§  19.      Retirement  from  business. 

§  20.      Conflicting  acts  repealed. 

§  21.     Time  of  taking  effect. 

§  22.      Communications  confidential. 

§  23.     Word  "trustl"     Use  prohibited  when. 

What  corporation  may  act  as  executor. 

Section  1.  Any  corporation  whicli  has  or  shall  be  incorporated  tinder 
the  general  incorporation  laws  of  this  state,  authorized  by  its  articles  of 
incorporation  to  act  as  executor,  administrator,  guardian,  assignee,  re- 
ceiver, depositary  or  trustee,  and  having  a  paid-up  capital  of  not  less 
than  two  hundred  and  fifty  thousand  dollars,  of  which  one  hundred  thou- 
sand dollars  shall  have  been  actually  paid  in,  in  cash,  may  be  appointed 
to  act  in  such  capacity  in  like  manner  as  individuals.  In  all  cases  in 
which  it  is  required  that  an  executor,  administrator,  guardian,  assignee, 
receiver,  depositary,  or  trustee,  shall  qualify  by  taking  and  subscribing 
an  oath,  or  in  which  an  affidavit  is  required,  it  shall  be  a  sufficient  qual- 
ification by  such  corporation  if  such  oath  shall  be  taken  and  subscribed 
or  such  affidavit  made  by  the  president  or  secretary  or  manager  or  trust 
officer  thereof,  and  such  officer  shall  be  liable  for  the  failure  of  such  cor- 
poration to  perform  any  of  the  duties  required  by  law  to  be  performed 
by  individuals  acting  in  like  capacity  and  subject  to  like  penalties;  and 
such  corporation  shall  be  liable  for  such  failure  to  the  full  amount  of  its 
capital  stock;  provided,  any  such  appointment  as  guardian  shall  apply 
to  the  estate  only,  and  not  to  the  person.  Such  corporation  shall  be  en- 
titled to  and  shall  be  allowed  proper  compensation  for  all  the  services 


CORPORATIONS.  1901 

performed  by  them  under  the  foregoing  provisions  of  this  act;  but  such 
compensation  shall  not  exceed  that  allowed  to  ualiual  persons  for  like 
services,     [Amendment.     Approved  March  18,  1907;  Stats.  1907,  p.  562.] 

Deposits  made  with  corporation. 

See.  2.  Any  court,  having  appointed  and  having  jurisdiction  of  any 
executor,  administrator,  guardian,  assignee,  receiver,  depositary,  or  trus- 
tee, upon  the  application  of  such  officer  or  trustee,  or  upon  the  applica- 
tion of  any  person  having  an  interest  in  the  estate  administered  by  such 
officer  or  trustee,  after  notice  to  the  other  parties  in  interest  as  the  court 
may  direct,  and  after  a  hearing  upon  such  application,  may  order  such 
officer  or  trustee  to  deposit  any  moneys  then  in  his  hands,  or  which  may 
come  into  his  hands  thereafter,  and  until  the  further  order  of  said  court, 
with  any  such  corporation,  and  upon  deposit  of  such  money,  and  its  re- 
ceipt and  acceptance  by  such  corporation,  the  said  officer  or  trustee  shall 
be  discharged  from  further  care  or  responsibility  therefor.  Such  deposits 
shall  be  paid  out  only  upon  the  orders  of  said  court. 

Public  administrator  may  make  deposits. 

Sec.  3.  And  it  shall  be  lawful  for  any  public  administrator  to  deposit 
with  any  such  corporation  doing  business  in  the  county,  or  city  and 
county,  in  which  he  is  acting  as  such  administrator,  any  and  all  moneys 
of  any  estate  upon  which  he  is  administering,  not  required  for  the  cur- 
rent expenses  of  the  administration.  And  such  deposits  shall  relieve  the 
public  administrator  from  depositing  with  the  county  treasurer  the  moneys 
so  deposited  with  such  corporation.  Moneys  deposited  by  a  public  ad- 
ministrator may  be  drawn,  upon  the  order  of  such  administrator,  counter- 
signed by  a  judge  of  a  superior  court,  when  required  for  the  purpose  of 
administration,  or  otherwise. 

Court  may  order  deposit  and  reduce  bonds. 

Sec.  4.  Whenever,  in  the  judgment  of  any  court  having  jurisdiction  of 
any  estate  in  process  of  administration  by  any  executor,  administrator, 
guardian,  assignee,  receiver,  depositary,  or  trustee,  the  bond  required  by 
law  of  such  officer  shall  seem  burdensome  or  excessive,  upon  application 
of  such  officer  or  trustee,  and  after  such  notice  to  the  parties  in  interest 
as  the  court  shall  direct,  and  after  a  hearing  on  such  application,  the 
said  court  may  order  the  said  officer  or  trustee  to  deposit  with  any  such 
corporation,  for  safe-keeping,  such  portion  or  all  of  the  personal  assets 
of  said  estate  as  it  shall  deem  proper;  and  thereupon  said  court  shall, 
by  an  order  of  record,  reduce  the  bond  to  be  given  or  theretofore  given 
by  such  officer  or  trustees,  so  as  to  cover  only  the  estate  remaining  in 
the  hands  of  said  officer  or  trustee;  and  the  property  as  deposited  shall 
thereupon  be  held  by  said  corporation,  uuder  the  orders  and  directions  of 
said  court.  Any  court  having  jurisdiction  of  an  estate  being  adminis- 
tered by  a  public  administrator,  may  direct  such  public  administrator  to 
deposit  all  or  any  part  of  the  moneys  of  the  estate  not  required  for  the 
current  expenses  of  the  administration,  with  any  such  corporation  doing 


1902  APPENDIX. 

business  in  the  county,  or  city  and  county,  where  such  public  adminis- 
trator is  acting. 

Responsible  for  investments. 

Sec.  5.  Such  corporations  shall  not  be  required  to  give  any  bond  or 
security  in  case  of  any  appointment  hereinbefore  provided  for,  except 
as  hereinafter  provided,  but  shall  be  responsible  for  all  investments 
which  shall  be  made  by  it  of  the  funds  which  may  be  intrusted  to  it  for 
investment  by  such  court,  and  shall  be  further  liable  as  natural  persons 
in  like  positions  now  are,  and  as  hereinafter  provided.  The  amount  of 
Tioney  which  any  such  corporation  shall  have  on  deposit  at  any  time 
hall  not  exceed  ten  times  the  amount  of  its  paid-up  capital  and  sur- 
jjjus,  and  its  outstanding  loans  shall  not  at  any  time  exceed  said  amount. 

Interest. 

See.  6.  Such  corporations  shall  pay  interest  upon  all  moneys  held  by 
them  by  virtue  of  this  act,  at  such  rate  as  may  be  agreed  upon  at  the 
time  of  its  acceptance  of  any  such  appointment,  or  as  shall  be  provided 
by  the  order  of  the  court. 

Deposit  of  bonds  with  state  treasurer. 

Sec.  7.  Each  corporation,  before  accepting  any  such  appointment  or 
deposit,  shall  deposit  with  the  treasurer  of  state,  for  the  benefit  of  the 
creditors  of  said  corporation,  the  sum  of  one  hundred  thousand  dollars 
($100,000.00),  in  bonds  of  the  United  States,  or  municipal  bonds  of  this 
state,  or  of  any  county,  or  city,  or  school  district  thereof,  or  in  mort- 
gages on  improved  and  productive  real  estate  in  this  state,  being  first 
liens  thereon,  and  the  real  estate  being  worth  at  least  twice  the  amount 
loaned  thereon.  The  bonds  and  securities  so  deposited  may  be  ex- 
changed from  time  to  time  for  other  securities,  receivable  as  aforesaid. 
Said  bonds  of  the  United  States,  or  municipal  bonds  of  this  state,  or 
of  any  county,  city,  or  school  district  thereof,  to  be  registered  in  the 
name  of  said  treasurer,  officially,  and  all  said  securities  to  be  subject 
to  sale  and  transfer,  and  to  the  disposal  of  the  proceeds  by  said  treas- 
urer, only  on  the  order  of  a  court  of  competent  jurisdiction,  and  as 
hereinafter  provided.  [Amendment,  Approved  April  1,  1897;  Stats. 
1897,  p.  424.] 

May  mortgage  real  estate. 

See.  8.  Any  such  corporation,  having  a  paid-up  capital  in  excess  of 
two  hundred  and  fifty  thousand  dollars,  may  be  permitted  by  the  board 
of  bank  commissioners  to  mortgage  any  improved  and  productive  real 
estate  owned  by  it,  in  excess  of  said  amount,  to  the  treasurer  of  state, 
for  such  sum  as  the  said  board  may  determine;  and  such  mortgage  may 
be  deposited  with  said  treasurer,  and,  when  ^o  deposited,  it  shall  be 
included  in  the  amount  of  securities  hereinabove  required  to  be  deposited 
with  said  treasurer  for  the  benefit  of  the  creditors  of  said  corporation. 

Deposit,  increase  and  decrease  of. 

Sec.  9.  So  long  as  the  corporation  so  depositing  shall  continue  solvent, 
such  corporation  shall  be  permitted  to   receive   from  said  treasurer  the 


CORPORATIONS.  1903 

interest  or  diviclends  on  said  deposit;  provided,  however,  that  when  it 
shall  appear  to  the  board  of  bank  commissioners,  from  the  semi-annual 
report  of  any  such  corporation,  that  the  value  of  the  personal  prop- 
erty and  cash  held  and  possessed  by  such  corporation,  by  virtue  of  the 
provisions  of  this  act  and  any  amendment  tliereof,  exceeds  ten  times 
the  amount  of  the  deposit  aforesaid,  said  board  shall  require  said  cor- 
poration to  forthwith  increase  its  said  deposit  to  the  sum  of  five  hun- 
dred thousand  dollars  in  such  securities.  And  whenever  it  shall  appear 
to  said  board  that  the  amount  of  personal  property  and  cash  so  held 
by  any  such  corporation  has  been  reduced  below  teii  times  the  value  of 
its  original  deposit  above  provided  for,  and  said  corporation  is  not  in 
any  default  in  its  duties  and  obligations  hereunder,  they  shall  allow 
such  corporation  to  reduce  its  said  deposit  to  the  sum  of  two  hundred 
thousand  dollars,  by  the  withdrawal  of  such  additional  deposit,  until 
such  time  as  an  increase  in  its  holdings  shall  again  require  an  additional 
deposit,  as  hereinbefore  provided. 

Abstracts  of  title. 

Sec.  10.  When  any  part  of  such  deposit  is  made  in  bonds  and  mort- 
gages, it  shall  be  accompanied  by  full  abstracts  of  titles  and  searches, 
and  shall  be  examined  and  approved  by  or  under  the  direction  of  the 
said  board.  The  fees  for  an  examination  of  title  by  counsel,  to  be  paid 
by  the  corporation  making  the  deposit,  shall  not  exceed  twenty  dollars 
for  each  mortgage,  and  the  fee  for  each  appraiser,  not  exceeding  two. 
besides  expenses,  shall  be  five  dollars  for  each  mortgage. 

Certificate  of  authority. 

Sec.  11.  It  shall  not  be  lawful  for  any  such  corporation  to  accept  any 
trust  or  deposit,  as  hereinbefore  provided,  after  the  passage  of  this 
act,  without  first  procuring  from  the  board  of  bank  commissioners  a 
certificate  of  authority,  stating  that  such  corporation  has  complied  with 
the  requirements  of  this  act  in  respect  to  such  deposit. 

Semi-annual  statement. 

Sec.  12.  Such  corporation  shall  file  with  the  said  board  of  bank  com- 
missioners, during  the  months  of  January  and  July  of  each  year,  a  state- 
ment, under  oath,  of  the  condition  of  such  corporation  at  the  close  of 
business  on  the  thirty-first  day  of  December  and  the  thirtieth  day  of 
June,  respectively,  next  preceding,  showing  its  financial  condition.  Also, 
a  list  and  brief  description  of  the  trusts  held  by  such  corporation,  the 
source  of  the  appointment  thereto,  and  the  amount  of  real  and  personal 
estate  held  by  such  corporation  by  virtue  thereof,  except  that  mere 
mortgage  trusts,  wherein  no  action  has  been  taken  by  such  corporation, 
shall  not  be  included  in  such  statement.  The  said  statement  shall  also 
be  in  sucli  form,  and  contain  such  rejioits,  returns,  and  information,  as 
to  the  affairs,  business,  condition,  and  resources  of  the  corporation,  as 
the  said  board  may  from  time  to  time  prescribe  and  require. 

Verification  of  statement. 

See.  13.  Such  statement  shall  be  verified  by  the  affidavit  of  one  of 
the  managing  officers  and  two  of  the  directors  or  trustees  of  such  cor-r 


1904  APPENDIX. 

poration,  who  shall  also  state  in  such  affidavit  that  they  have  examinee! 
the  assets  and  books  of  such  corporation  for  the  purpose  of  making  such 
statement.  Any  false  swearing  in  regard  to  such  statement  shall  be 
deemed  perjury,  and  shall  be  subject  to  the  punishment  prescribed  by 
law  for  such  offense. 

Duty  of  'bank  contmissioners. 

Sec.  14.  The  said  board  of  bank  commissioners  are  hereby  authorized 
and  empowered  to  address  any  inquiries  to  any  such  corporation,  or  the 
officers  thereof,  in  relation  to  its  doings  and  conditions,  or  any  other 
matter  connected  with  its  affairs;  and  it  shall  be  the  duty  of  any  such 
corporation  or  person  so  addressed  to  promptly  reply,  in  writing,  to 
such  inquiries;  and  they  may  also  require  reports  from  any  such  corpora- 
tion at  any  time  they  may  deem  desirable.  It  shall  be  the  duty  of  one 
or  more  of  the  bank  commissioners,  as  designated  by  the  commissioners, 
annually,  or  as  often  as  in  their  judgment  they  may  deem  it  necessary, 
without  previous  notice,  to  visit  and  to  make  personal  examination  of 
the  solvency  of  any  such  corporation,  its  ability  to  fulfill  all  its  obliga- 
tions, and  report  its  condition  to  the  attorney-general  as  soon  as  may 
be  after  such  examination. 

Sec.  15.     [No  section  numbered  15.] 

Administering  oaths  and  examining  witnesses. 

Sec.  16.  Such  commissioners  shall  have  power  to  administer  an  oath 
to  any  person  whose  testimony  may  be  required  on  any  such  examina- 
tion, and  to  compel  the  appearance  and  attendance  of  any  such  person, 
for  the  purpose  of  examination,  by  summons,  subpoena,  or  attachment, 
in  the  manner  now  authorized  in  respect  to  the  attendance  of  persons 
as  witnesses  in  courts  of  record  in  this  state;  and  all  books  and  papers 
which  may  be  deemed  necessary  to  examine  by  the  commissioners  shall 
be  produced,  and  their  production  may  be  compelled  in  like  manner. 

Duty  when  corporation  violates  law. 

See.  17.  Whenever  it  shall  appear  to  the  board  of  bank  commis- 
sioners, from  any  such  examination  or  report,  that  any  such  corporation 
has  committed  any  violation  of  law,  or  is  conducting  its  business  in  an 
unsafe  or  unauthorized  manner,  they  shall,  by  an  order  under  their 
hands,  direct  the  discontinuance  of  such  illegal  and  unsafe  or  unau- 
thorized practice,  and  strict  conformity  with  the  requirements  of  the 
law,  and  with  safety  and  security  in  its  transactions;  and  whenever  any 
such  corporation  shall  refuse  or  neglect  to  make  any  such  report  as 
hereinbefore  required,  or  to  comply  with  any  such  order  as  aforesaid, 
or  whenever  it  shall  appear  to  the  said  board  that  it  is  unsafe  or  in- 
expedient for  anj"-  such  corporation  to  continue  to  transact  business, 
they  shall  communicate  the  facts  to  the  attorney-general,  who  shall 
thereupon  institute  siieh  proceedings  against  the  corporation  as  the 
nature  of  the  case  may  require. 


CORPORATIONS.  1905 

False  statement  revokes  authority. 

Sec.  18.  If  the  board  of  bank  commissioners  shall,  at  any  time,  have 
satisfactory  evidence  that  any  semi-annual  statement  or  other  report 
required  or  authorized  by  this  act,  made  or  to  be  made  by  any  officer 
or  officers  of  such  corporation,  is  false,  it  shall  be  the  duty  of  the  said 
board  to  immediately  revoke  the  certificate  of  authority  granted  on 
behalf  of  such  corporation,  and  mail  a  copy  of  such  revocation  to  said 
corporation  and  to  the  clerk  of  every  court  of  record  in  this  state.  Such 
revocation  shall  not  be  set  aside  until  satisfactory  evidence  shall  be 
given  to  said  board  of  bank  commissioners  that  such  corporation  is  in 
substance  and  in  fact  in  the  condition  set  forth  in  such  statement  or 
report,  and  that  all  the  requirements  of  this  act  have  been  complied 
with.  Such  revocation  shall  be  sufficient  cause  for  the  removal  of  such 
corporation  from  any  appointment  held  by  it  under  the  provisions  of 
this   act. 

Retirement  from  business. 

Sec.  19.  Any  corporation  which  desires  to  retire  from  business  under 
this  act,  shall  furnish  to  the  board  of  bank  commissioners  satisfactory 
evidence  of  its  release  and  discharge  from  all  the  obligations  and  trusts 
hereinbefore  provided  for;  whereupon,  they  sliall  revoke  their  certificate 
to  such  corporation,  and  thereupon  the  treasurer  of  state  shall  return 
to  said  corporation  all  its  securities. 

Conflicting  acts  repealed. 

Sec.  20.  All  laws  and  parts  of  laws  in  conflict  with  the  provisions  of 
this   act   are  hereby  repealed. 

Time  of  taking  effect. 

Sec.  21.  This  act  shall  take  eiJect  and  be  in  force  from  and  after 
its  passage. 

Communications  confidential. 

Sec.  22.  Any  corporation  exercising  the  powers  and  performing  the 
duties  provided  for  in  said  act,  shall  keep  inviolate  all  communications 
confidentially  made  to  it  touching  the  existence,  condition,  management, 
and  administration  of  any  trusts  confided  to  it;  and  no  creditor  or 
stockholder  of  any  such  corporation  shall  be  entitled  to  disclosure  of 
any  such  communication;  provided,  however,  that  the  president,  mana- 
ger and  secretary  of  such  corporation  shall  be  entitled  to  knowledge  of 
such  communication;  and  provided  further,  that  in  any  suit  or  proceed- 
ing touching  the  existence,  condition,  management  or  administration  of 
such  trust,  the  court  wherein  the  same  is  pending  may  require  disclosure 
of  any  such  communication.  [New  section.  Added  March  20,  1903: 
Stats.   1903,   p.   244.] 

Word  "trust."    Use  prohibited  when. 

Sec.  23.     The  use  of  the  word  ''trust"  in  combination  or  in  connection 
with  the  word  "company,"  "corporation,"  "incorporation,"  "association," 
Gen.  Laws — 116 


1906  APPENDIX. 

"society,"  "organization,"  or  "syndicate,"  is  liereby  proliibitec!  to  all 
persons,  firms,  associations,  companies  or  corporations,  other  tlian  cor- 
porations provided  for  by  a  certain  act  of  the  legislature  entitled:  "An 
Act  authorizing  certain  corporations  to  act  as  executor  and  in  other 
capacities  and  to  provide  for  and  regulate  the  administration  of  trusts 
by  such  corporations,"  approved  April  6,  1891,  and  any  person,  firm, 
association,  company  or  corporation  which  uses  the  word  "trust"  in 
combination  with  or  in  connection  with  the  word  "company,"  ''corpora- 
tion," "incorporation,"  "association,"  "society,"  "organization"  or 
"syndicate"  as  the  name  under  which  business  is  done  or  transacted, 
shall  be  subject  to  the  provisions  of  the  act  last  referred  to  and  to  the 
supervision  of  the  bank  commissioners  as  required  by  the  said  act.  Any 
person,  firm,  association,  company  or  corporation  making  use  of  the  word 
"trust"  in  combination  or  in  connection  with  the  word  "company," 
"corporation,"  "incorporation,"  "association,"  "society,"  "organization" 
or  "syndicate"  in  the  manner  hereinabove  mentioned  in  the  transaction 
of  business  and  not  subject  to  the  provisions  of  said  act  and  the  super- 
vision of  the  bank  commissioners  as  in  said  act  provided  shall  forfeit 
for  each  day  the  offense  is  committed,  the  sum  of  one  hundred  dollars 
to  be  recovered  by  the  bank  commissioners  of  the  state  of  California 
in  the  manner  provided  by  law.  [New  section.  Added  March  18,  1905; 
Stats,  1905,  p.  232.] 


An  Act  to  protect  stoclcholders  and  persons  dealing  with  corporations  in 

this  state. 

[1.  Approved   March   29,    1878;    Stats.    1877-78,    p.    695.     2.  Amended   March   22, 

1905;  Stats.  1905,  p.  786.] 

Corporations.    False  reports  of  officers  of. 

Section  1.  Any  superintendent,  director,  secretary,  manager,  agent, 
or  other  officer,  of  any  corporation  formed  or  existing  under  the  laws 
of  this  state,  or  transacting  business  in  the  same,  and  any  person  pre- 
tending or  holding  himself  out  as  such  superintendent,  director,  secre- 
tary, manager,  agent,  or  other  officer,  who  shall  willfully  subscribe,  sign, 
indorse,  verify,  or  otherwise  assent  to  the  publication,  either  generally 
or  privately,  to  the  stockholders  or  other  persons  dealing  with  such 
corporation,  or  its  stock,  any  untrue  or  willfully  and  fraudulently  exag- 
gerated report,  prospectus,  account,  statement  of  operations,  values, 
business,  profits,  expenditures  or  prospects,  or  other  paper  or  document 
intended  to  produce  or  give,  or  having  a  tendency  to  produce  or  give, 
to  the  shares  of  stock  in  such  corporation  a  greater  value  or  less  appar- 
ent or  market  value  than  they  really  possess,  or  with  the  intention  of 
defrauding  any  particular  person  or  persons,  or  the  public,  or  persons 
generally,  shall  be  deemed  guilty  of  a  felony,  and  on  conviction  thereof, 
shall  be  punished  by  imprisonment  in  state  prison  or  a  county  jail  not 


CORPORATIONg.  1907 

exceetling  two  years,  or  by  fine  not  exceeding  five  thousand  dollars,  or 
by  both. 

Sec.  2.     All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby 
repealed. 

raise  reports  by  officers,  punishment  for  givirg:   See  Pen.  Code,  S  564. 


An  Act  to  provide  the  manner  of  execution  of  deeds  by  cemetery  corporor 

tions. 

[Approved  March  26,  1895;  Stats.  1895,  p.  75.] 

Deeds  by  cemetery  corporations. 

Section  1.  All  deeds  or  conveyances  executed  by  cemetery  associa- 
tions or  incorporations  within  this  state,  shall  be  executed  in  the  name 
of  the  corporation  or  association,  under  the  seal  thereof,  by  the  presi- 
dent, or  vice-president,  and  secretary  thereof. 

Sec.  2.  All  acts  and  parts  of  acts  in  conflict  with  this  statute,  in  so 
far  as  they  conflict  with  the  same,  are  hereby  repealed. 

Sec.  3.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

Cemetery  corporations:   See  ante,  tit.  "Cemeteries." 


An  Act  requiring  corporations  organized  under  the  laws  of  another  state, 
territory,  or  foreign  country,  to  file  a  certified  copy  of  their  articles  of 
incorporation  in  the  office  of  the  secretary  of  state,  and  a  certified  copy 
thereof,  duly  certified  by  the  secretary  of  state  of  this  state,  in  the  of- 
fice of  the  county  cleric  of  the  county  where  its  principal  place  of  busi- 
ness is  located  and  also  where  such  corporation  owns  property,  and 
requiring  such  corporation  to  pay  to  the  secretary  of  state  the  same 
fees  as  are  paid  by  corporations  formed  under  the  lams  of  the  state  of 
California,  a7id  providing  for  a  penalty  for  tlie  violation  of  the  pro- 
visions of  this  act. 

[Approved  March  8,  1901;  Stats.  1901,  p.  108.] 

5  1.     Foreign  corporations  must  file  certified  copies  of  articles. 

§  2.     Fees. 

§  3.     Penalty  for  failure  to  comply. 

Foreign  corporations  must  file  certified  copies  of  articles. 

Section  1.  Corporations  organized  under  the  laws  of  another  state, 
territory,  or  of  a  foreign  country,  which  are  now  doing  business  in  this 
state,  or  which  shall  hereafter  enter  this  state  to  do  business,  or  main- 
tain an  office  in  this  state,  shall  file  in  the  office  of  the  secretary  of 
state  of  the  state  of  California  a  certified  copy  of  their  articles  of  in- 


1908  APPENDIX. 

corporation,  or  of  their  charters  or  of  the  statutes  or  legislative  or 
executive  or  governmental  act  creating  them  in  cases  where  they  are 
created  by  charters  or  statutes  or  legislative  or  executive  or  governmental 
acts,  and  a  certified  copy  thereof,  duly  certified  by  the  secretary  of  state 
of  this  state,  in  the  office  of  the  county  clerk  of  the  county  where  its 
principal  place  of  business  is  located  and  also  where  such  corporation 
owns  property. 

Fees. 

Sec.  2.  For  filing  and  issuing  certified  copy  as  required  in  section  one 
of  this  act,  corporations  formed  under  the  laws  of  another  state,  or  of 
a  territory,  or  of  a  foreign  country,  shall  pay  the  same  fees  as  are  paid 
by  corporations  formed  under  the  laws  of  this  state. 

Penalty  for  failure  to  comply. 

Sec.  3.  Every  foreign  corporation  amenable  to  the  provisions  of  this 
act  which  shall  neglect  or  fail,  within  ninety  days  from  the  date  of 
passage  of  this  act,  to  comply  with  the  conditions  of  the  same  as  herein 
provided  shall  be  subject  to  a  fine  of  not  less  than  five  hundred  dollars, 
to  be  recovered  before  any  court  of  competent  jurisdiction;  and  it  is 
hereby  made  the  duty  of  the  secretary  of  state,  as  he  may  be  advised 
that  corporations  are  doing  business  in  contravention  of  this  act,  to 
report  the  fact  to  the  governor,  who  shall  instruct  the  district  attorney 
of  the  county  wherein  such  corporation  has  its  principal  business,  or  the 
attorney-general  of  the  state,  or  both,  as  soon  as  practicable,  to  institute 
proceedings  to  recover  the  fine  herein  provided  for,  and  the  amount  so 
recovered  must  be  paid  into  the  state  treasury  to  the  credit  of  the  gen- 
eral fund  of  the  state;  in  addition  to  which  penalty,  no  foreign  corpora- 
tion as  above  defined  which  shall  fail  to  comply  with  this  act,  can 
maintain  any  suit  or  action,  either  legal  or  equitable,  in  any  of  the 
courts  of  this  state  upon  any  demand,  whether  arising  out  of  contract 
or  tort,  until  it  has  complied  with  this  act;  provided,  that  any  corpora- 
tion described  in  section  one  of  this  act,  which  is  now  doing  business 
in  this  state,  and  which  has  complied  with  the  act  in  relation  to  foreign 
corporations,  approved  April  first,  eighteen  hundred  and  seventy-two, 
and  an  act  amendatory  thereof,  approved  March  seventeenth,  eighteen 
hundred  and  ninety-nine,  is  exempted  from  the  provisions  of  this  act. 

Sec.  4.  This  act  shall  take  effect  and  be  in  force  from  and  after  the 
date  of  its  passage. 


DEEDS — GUARDIANS.  1909 


DEEDS. 

'An  Act  relating  to  conveyances  of  real  estate. 

[Approved  March  11,  1874;   Stats.  1873-74,  p.  345.] 
I  1.      Conveyances  by  persons  whose  names  are   changed. 
§  2.      Record  of  conveyances  made  by  public  officers. 
§  3.      Indexing  of  such  conveyances. 

Conveyances  by  persons  whose  names  are  changed. 

Section  1.  Any  person  iu  whom  the  title  of  real  estate  is  vested,  who 
shall  afterwards,  from  any  cause,  have  his  or  her  name  changed,  shall, 
in  any  conveyances  of  said  real  estate  so  held,  set  forth  the  name  in 
which  be  or  she  derived  title  to  said  real  estate. 

Record  of  conveyances  made  by  public  officers. 

Sec.  2.  All  conveyances  of  real  estate,  except  patents  issued  by  the 
state  as  a  party  made  by  any  public  officer  pursuant  to  any  law  of  this 
state,  shall,  when  recorded  by  the  county  recorder,  be  by  him  alpha- 
betically indexed  in  the  "Index  of  Grantors,"  both  in  the  name  of  the 
officer  making  such  sale,  and  in  the  name  of  the  person  owning  the 
property  so  sold. 

Indexing  of  such  conveyances. 

Sec.  3.  It  is  hereby  made  the  duty  of  all  county  recorders  to  alpha- 
betically index,  in  the  ''Index  of  Grantors,"  both  in  the  name  by  which 
title  Avas  acquired,  and  also  by  which  the  same  was  conveyed,  all  con- 
veyances referred  to  in  section  one  of  this  act. 

Sec.  4.     This  act  shall  be  in  force  from  and  after  its  passage. 

Code  commissioner's  note.  Concerning  this  statute  the  code  commissioner  says 
that  §  1  is  codified  by  §  1096  of  the  Civil  Code,  and  that  the  rest  of  the  statute 
should  be  added  to  §  4236  of  the  Political  Code:  See  ante,  Legislation  §  1096. 


GUARDIANS. 

Act  providing  for  appointment  of  guardians  of  children  In  orphan  asylums: 

See  post,  tit.  "Infancy." 


1910  APPENDIX. 


HOMESTEADS. 

An  Act  supplementary  to  an  Act  entitled  An  Act  to  mdhorize  the  for- 
■matioH  of  corporations  to  provide  the  mcmhers  thereof  with  homesteads, 
or  lots  of  land  suitable  for  homesteads,  approved  May  twentieth,  eighteen 
hundred  and  sixty-one. 

[Approved  March  23,  1874;  Stats.  1873-74,  p.  525.] 
§  1.  Extension  of  time  for  homestead  corporations. 
§  2.      How  existence  continued. 

Extension  of  time  for  homestead  corporations. 

Section  1.  Any  corporation  formed  under  the  act  to  which  this  act 
is  supplemental,  whose  period  of  existence  is  not  stated  in  its  articles 
of  incorporation  to  be  ten  years,  may  continue  its  corporate  existence 
for  ten  years  from  the  date  of  filing  its  articles  of  incorporation,  upon 
complying  with  the  provisions  of  this  act. 

How  existence  continued. 

Sec.  2.  Any  such  corporation  existing  on  the  first  day  of  January, 
eighteen  hundred  and  seventy-four,  may  at  any  time  before  its  period 
of  existence,  as  stated  in  its  articles  of  incorporation,  shall  expire,  con- 
tinue its  existence,  as  stated  in  section  one  of  this  act,  by  a  majority 
vote  of  its  board  of  trustees  at  any  meeting  of  such  board,  or  by  a  vote 
of  a  majority  of  the  stockholders,  as  the  board  of  trustees  may  elect. 
A  certificate  of  the  action  of  the  directors,  signed  by  them  and  their 
secretary,  when  the  election  is  made  by  their  vote,  or  upon  the  written 
consent  of  the  stockholders  or  members,  or  a  certificate  of  the  proceed- 
ings of  the  meeting  of  the  stockholders  or  members,  when  such  election 
is  made  at  any  such  meeting,  signed  by  the  chairman  and  secretary  of 
the  meeting  and  a  majority  of  the  directors,  must  be  filed  in  the  office 
of  the  clerk  of  the  county  where  the  original  articles  of  corporation  are 
filed,  and  a  certified  copy  thereof  must  be  filed  in  the  ofiice  of  the 
secretary  of  state;  and  thereafter  the  corporation  shall  continue  its 
existence  under  the  provisions  of  this  act,  and  shall  possess  all  the  rights 
and  powers,  and  be  subject  to  all  the  obligations,  restrictions,  and  limi- 
tations prescribed  by  the  act  of  which  this  is  supplementary. 

Sec.  3.    This  act  shall  take  affect  from  and  after  its  passage. 


INFANCY— INSURANCE.  1911 


INFANCY. 

An  Act  to  provide  for  the  appointment  of  gvardmns  of  cWdren  maintained 

in  any  orphans'  home  or  orphan  asylum  in  this  state, 

[Approved  March  23,   1893;   Stats.  1893,  p.  203.] 

Preferences.     Consent.    Duty  of  court. 

Section  1.  When  any  orphan  or  half-orphan  has  been  mnintained  in 
any  orphans'  asylum  or  orphans'  home  in  the  state  of  California  for 
more  than  one  year,  the  managers  of  said  home  or  asylum  shall  be 
entitled  to  the  guardianship  of  such  child  in  preference  to  any  other 
person;  provided,  however,  that  such  managers  shall  not  be  appointed 
guardian  of  a  minor  child  over  fourteen  years  of  age  without  its  con- 
sent, nor  shall  this  act  preclude  the  court  of  competent  jurisdiction  from 
inquiring  into  the  titness  of  such  managers  for  the  guardianship  of  such 
children;  but  in  exercising  the  power  of  the  court  to  appoint  guardians 
for  minors,  the  managers  of  the  home  having  the  care  of  such  child  for 
more  than  one  year  shall,  if  there  be  no  special  reasons  to  the  contrary 
in  any  particular  case,  be  preferred  in  the  guardianship  of  the  person 
of  the  child  to  the  parent  so  leaving  the  child,  without  good  cause 
therefor  being  shown,  under  the  care  of  said  home  for  the  said  time. 

Sec.  2.     This  act  shall  take  effect  immediately. 

INSURANCE. 

An  Act  to  provide  for  the  organization  and  management  of  county  fire  tn- 
surance  companies. 

[1.  Approved   April   1,    1897;    Stats.    1897,   p.   439.     2.  Amended  March  23,    1907; 
941.      3.   Amended  April  15,  1909;   Stats.  1909,  p.  912.] 

Incorporation  of. 

Articles  of  incorporation.     Certificate. 

Directors. 

Officers. 

Bonds. 

Powers.     By-laws. 

Membership. 

Risks. 

Classifying  risks. 

Limitations  upon  risks  taken. 

Adjustment  of  losses.     Ai'bitration. 

Assessments  for  deficiency. 

Notice  of  assessments. 

Action  for  neglect  or  refusal  to  pay  assessment. 

Annual  statement. 

Withdrawal. 

Report  of  officers. 

Dissolution. 

Conflicting  laws  repealed. 


Approved   April 

Stats. 

1907,  p 

§     1. 

§     2. 

§     3. 

§     4. 

§     5. 

§     6. 

§     7. 

§     8. 

§     9. 

§10. 

§  11. 

§12. 

§13. 

§14. 

§15. 

§16. 

§17. 

§18. 

§19. 

1912  APPENDIX. 

Incorporation  of. 

Section  1.  Any  number  of  persons,  not  less  than  twenty -five,  residing 
in  any  county  in  this  state,  owning  insurable  property  aggregating  not 
less  than  fifty  thousand  dollars  in  value,  which  they  desire  to  have 
insured,  may  incorporate  for  the  purpose  of  mutual  insurance  against 
loss  or  damage  by  fire. 

Articles  of  incorporation.     Certificate. 

Sec.  2.  Such  persons  shall  file  with  the  insurance  commissioner  a 
declaration  of  their  intention  to  incorporate  for  the  purposes  expressed 
in  section  one  of  this  act,  which  declaration  shall  be  signed  by  all  of 
the  incorporators,  and  shall  contain  a  copy  of  the  articles  of  incorpora- 
tion proposed  to  be  adopted.  The  insurance  commissioner  -shall  examine 
the  proposed  articles  of  incorporation,  and  if  they  conform  to  this  act 
he  shall  deliver  to  such  persons  a  certificate  permitting  them  to  incor- 
porate as  such  insurance  company.  Such  certificate  shall  be  directed  to 
the  clerk  of  the  county  in  which  such  corporation  is  proposed  to  be 
organized,  and  shall  contain  a  copy  of  the  proposed  articles  of  incor- 
poration. Upon  filing  with  the  secretary  of  state  the  certified  copies  of 
the  duly  executed  articles  of  incorporation,  as  required  by  section  two 
hundred  and  ninety  of  the  Civil  Code  of  the  state  of  California,  and  of 
the  certificate  above  provided  for,  the  secretary  of  state  shall  thereupon 
issue  a  certificate  of  incorporation  to  such  county  insurance  company, 
and,  upon  organizing  under  such  articles  of  incorporation,  such  county 
fire  insurance  company  may  carry  on  a  fire  insurance  business  as  herein- 
after provided.  The  articles  of  incorporation  and  the  charter  or  certifi- 
cate obtained  by  any  county  fire  insurance  company  operating  under  the 
provisions  of  this  act  shall  be  subject  to  the  control  and  modification  by 
the  legislature  of  the  state  of  California.  The  by-laws  and  all  amend- 
ments thereto  shall  be  filed  with  the  insurance  commissioner  within  sixty 
(60)  days  after  their  adoption. 

Directors. 

Sec.  3.  The  number  of  directors  shall  not  be  less  than  (7)  seven,  nor 
more  than  eleven  (11),  a  majority  of  whom  shall  constitute  a  quorum 
to  do  business.  These  directors  shall  be  elected  from  the  members  of 
the  association  by  ballot,  and  shall  hold  office  for  one  year,  or  until  their 
successors  are  elected  and  qualified.  The  annual  meeting  of  the  mem- 
bers of  the  company  shall  be  on  the  second  Monday  in  January  of  each 
year.  In  the  election  of  the  first  board  of  directors  each  member  shall 
be  entitled  to  one  vote.  At  every  subsequent  election,  every  person 
insured  shall  be  entitled  to  as  many  votes  as  there  are  directors  to  be 
elected,  and  an  equal  additional  number  for  every  risk  or  risks  he  holds 
in  the  company,  and  he  may  cast  the  same  in  person  or  by  proxy,  dis- 
tributing them  among  the  directors  to  be  elected,  or  among  a  less 
number  of  directors,  or  cumulating  them  upon  one  candidate,  as  he  shall 
see  fit. 


INSURANCE.  1913 

Officers. 

Sec.  4.  The  directors  shall  elect,  from  their  own  number,  a  president 
and  a  vice-president,  and  shall  also  elect  a  treasurer  and  a  secretary, 
who  may  or  may  not  be  members  of  the  company.  All  of  such  officers 
hold  their  office  for  one  year  from  the  date  of  their  election,  and  until 
their  successors  are  elected  and  qualified. 

Bonds. 

Sec.  5.  The  treasurer  and  secretary  shall  give  bonds  to  the  company 
for  the  faithful  performance  of  their  duties,  in  such  amounts  as  shall 
be  prescribed  by  the  board  of  directors. 

Powers.     By-laws. 

Sec.  6.  Such  corporation  and  its  directors  shall  possess  the  usual 
powers,  and  be  subject  to  the  usual  duties  of  corporations  and  directors 
thereof,  and  may  make  such  by-laws,  not  inconsistent  with  the  constitu- 
tion and  the  laws  of  this  state,  as  may  be  deemed  necessary  for  the 
management  of  its  affairs,  in  accordance  with  the  provisions  of  this  act. 
Also,  to  prescribe  the  duties  of  its  officers  and  to  fix  their  compensation, 
and  to  alter  and  amend  its  by-laws,  when  necessary. 

Membership. 

See.  7.  Any  person  owning  property  in  the  county  for  which  any 
such  company  is  formed  or  any  person  owning  property  in  any  county 
adjoining  the  county  wherein  such  companj^  is  formed  as  hereinafter 
provided  may  become  a  member  of  such  company  by  insuring  therein, 
and  shall  be  entitled  to  all  the  rights  and  privileges  appertaining  thereto; 
and  no  person  not  residing  in  the  county  in  which  the  company  is  formed 
shall  become  a  director  of  such  company.  [Amendment.  Approved 
March  23,  1907;  Stats.  1907,  p.  941.] 

Bisks. 

Sec.  8.  Such  company  may  issue  policies  only  on  detached  dwellings, 
schoolhouses,  churches,  barns  (except  livery-barn  and  hotel-barns),  and 
other  farms  buildings,  and  such  property  as  may  be  contained  therein; 
also,  other  property  on  the  premises  owned  by  the  insured;  hay  and 
grain  in  stack  or  in  the  field,  and  live-stock  on  the  premises  of  the 
insured,  anywhere  in  the  county,  for  any  time  not  exceeding  five  years, 
and  not  to  extend  beyond  the  time  limited  for  the  existence  of  the 
charter,  and  for  an  amount  not  to  exceed  four  thousand  five  hundred 
dollars  on  any  one  risk;  provided,  that  no  company  which  has  been 
organized  more  than  six  months  shall  write  insurance  subject  to  one  fire 
exceeding  three  per  cent  of  the  amount  at  risk  upon  the  books  of  such 
company.  All  persons  so  insured  shall  give  their  obligation  to  the  com- 
pany, binding  themselves,  their  heirs  and  assigns,  to  pay  their  pro  rata 
share  to  the  company  of  the  necessary  expense  and  of  loss  by  fire  which 
may  be  sustained  by  any  member  thereof  during  the  time  for  which  their 
respective  policies  are  written,  and  they  shall  also  at  the  time  of  effect- 


} 


1914  APPENDIX. 

ing  the  insurance  pay  siicli  a  percentage  in  cash,  and  such  other  charges, 
as  may  be  required  by  the  rules  or  by-laws  of  the  company. 

Classifying  risks. 

Sec.  9.  All  such  companies  must  classify  the  property  insured  therein 
at  the  time  of  issuing  policies  thereon  under  different  rates,  correspond- 
ing as  nearly  as  may  be  to  the  greater  or  less  risk  from  fire  loss  which 
may  be  attached  to  the  several  kinds  of  property  insured. 

Limitations  upon  risks  taken. 

Sec.  10.  No  such  company  shall  insure  any  property  beyond  the  limits 
of  the  county  wherein  the  said  company  is  organized  except  that  a  com- 
pany may  insure  in  any  county  next  adjoining  the  county  wherein  such 
company  is  organized  where  no  mutual  company  exists  or  is  organized 
therein,  and  as  soon  as  a  mutual  company  shall  be  organized  therein  said 
company  first  insuring  and  with  its  original  place  of  business  in  the 
adjoining  county,  shall  as  soon  as  its  policies  originally  issued  expire, 
or  shall  be  canceled,  retire  therefrom.  Nor  shall  any  company  issue 
policies  of  insurance  on  any  property  within  the  limits  of  any  city  con- 
taining over  six  thousand  inhabitants  at  the  time  of  the  organization 
of  such  company;  provided,  that  no  dwelling  shall  be  insured  within  the 
corporate  limits  of  any  city  or  town  exposed  by  any  other  building 
within  one  hundred  feet,  or  by  any  other  risk  (other  than  a  dwelling  or 
private  barn,  the  property  of  the  same  insured)  within  two  hundred 
feet  of  the  risk  assumed;  provided,  that  the  amount  of  insurance  shall 
not  exceed  seventy-five  per  cent  of  the  value  of  the  property,  and  that 
no  additional  insurance  shall  be  allowed.  [1.  Amended  March  23,  1907; 
Stats.  1907,  p.  941,     2.  Amended  April  15,  1909;  Stats.  1909,  p.  912.] 

Adjustment  of  losses.    Arbitration. 

Sec.  11.  Every  member  of  such  company  who  may  sustain  loss  or 
damage  by  fire  shall  immediately  notify  the  president,  or  in  his  absence, 
the  secretary  thereof,  stating  the  amount  of  damage  or  loss  sustained 
or  claimed,  and  if  not  more  than  fifteen  hundred  dollars,  then  the  presi- 
dent and  secretary  shall  proceed  to  ascertain  the  amount  of  such  loss 
or  damage  and  adjust  the  same.  If  the  claim  for  damage  or  loss  be  for 
an  amount  greater  than  fifteen  hundred  dollars,  then  the  president  of 
such  company,  or  in  his  absence,  the  vice-president,  or  in  the  absence  of 
both,  the  secretary  thereof,  shall  forthwith  convene  the  board  of  direc- 
tors of  such  company,  whose  duty  it  shall  be  when  convened,  to  appoint 
a  committee,  of  not  less  than  three  disinterested  members  of  said  com- 
pany, to  ascertain  the  amount  of  such  damage  or  loss.  If  in  either  case 
there  is  a  failure  of  the  parties  to  agree  upon  the  amount  of  such 
damage  or  loss  they  may  submit  the  question  of  the  amount  of  such 
loss  to  arbitration,  and  in  that  event  the  president  of  the  company  shall 
appoint  one  disinterested  person  to  act  as  an  arbitrator,  and  the  claim- 
ant or  insured  shall  appoint  another,  and  if  such  two  arbitrators  fail  to 
agree  upon  the  amount  of  such  loss,  then  they  shall  select  a  third  dis- 
interested person   to   act  with   them,   and   such  arbitrators  so   appointed 


INSURANCE.  1915 

shall  have  full  authority  to  examine  witnesses  and  to  do  all  other  things 
necessary  to  the  proper  determination  of  the  amount  of  loss  sustained 
by  the  claimant,  and  shall  make  their  award  in  writing  to  the  president 
of  the  company,  and  to  the  insured,  and  such  award  so  as  aforesaid 
made,  shall  be  final  as  to  the  amount  of  the  loss  sustained.  The  pay  of 
said  committee  shall  be  three  dollars  per  day  for  each  day's  services  so 
rendered,  and  five  cents  for  each  mile  necessarily  traveled  in  the  dis- 
charge of  their  duties,  which  shall  be  paid  by  the  claimant  unless  the 
award  of  such  committee  shall  exceed  the  sum  offered  by  the  company 
in  liquidation  of  such  loss  or  damage,  in  which  case  such  expense  shall 
be  paid  by  the  company.  [1.  Amended  March  23,  1907;  Stats.  1907, 
p.  941.     2.  Amended  April  15,  1909;  Stats.  1909,  p.  912.] 

Assessments  for  deficiency. 

Sec.  12.  When  the  amount  of  any  loss  shall  have  been  ascertained, 
which  exceeds  in  amount  the  cash  funds  of  the  company,  the  president 
shall  convene  the  directors  of  said  company,  who  shall  make  an  assess- 
ment upon  all  the  property  to  the  amount  for  which  each  several  piece 
of  property  is  insured,  taken  in  connection  with  the  rate  of  premium 
under  which  it  may  be  classified;  provided  further  that  the  board  of 
directors  may  at  their  annual  meeting  levy  an  assessment  not  to  exceed 
twenty-five  cents  on  the  one  hundred  dollars  on  first-class  insurance  and 
a  pro  rata  amount  on  other  classes  and  said  sum  so  raised  shall  consti- 
tute a  reserve  fund  to  be  used  in  emergency  cases  only  and  another 
assessment  for  this  fund  shall  not  be  made  while  this  reserve  remains 
intact.     [Amendment.     Approved  March  23,  1907;  Stats.  1907,  p.  941.] 

Notice  of  assessments. 

Sec.  13.  It  shall  be  the  duty  of  the  secretary,  whenever  such  an 
assessment  shall  have  been  made,  to  immediately  notify  every  person 
holding  a  risk  in  such  company,  personally,  by  an  agent,  or  by  letter 
directed  to  his  usual  post-otfice  address,  of  the  amount  of  such  loss,  and 
the  sum  due  from  him,  as  his  share  thereof,  and  of  the  time  and  to 
whom  such  payment  is  to  be  made;  but  such  time  shall  not  be  less 
than  thirty  days,  nor  more  than  ninety  days,  from  the  date  of  such 
notice. 

Action  for  neglect  or  refusal  to  pay  assessment. 

Sec.  14.  An  action  may  be  brought  against  any  member  of  such 
company  who  shall  neglect  or  refuse  to  pay  any  assessment  made  upon 
him  by  the  provisions  of  this  act,  or  other  liabilities  due  the  company, 
and  the  directors  of  any  company  so  formed  who  shall  willfully  refuse 
or  neglect  to  perform  the  duties  imposed  upon  them  by  law  or  by  the 
by-laws  of  the  company  shall  be  liable  in  their  individual  capacity  to 
the  person  sustaining  such  loss.  An  action  may  also  be  brought  and 
maintained  against  any  such  company  by  members  thereof  for  losses 
sustained  if  payment  is  withheld  after  the  amount  of  such  losses  have 
been  deteimined,  and  is  due  hy  the  terms  of  the  policy. 


1916  APPENDIX. 

Annual  statement. 

Sec.  15.  It  shall  be  the  duty  of  the  secretary  to  prepare  an  aTmual 
statement,  showing  the  condition  of  such  company  on  the  thirty-first 
day  of  December,  and  present  the  same  at  the  annual  meeting. 

Withdrawal. 

Sec.  JQ.  Any  member  of  such  company  may  withdraw  therefrom  "by 
surrendering  liis  policy  for  cancellation  at  any  time  while  the  organiza- 
tion continues  the  business  for  which  it  was  organized,  by  giving  notice 
in  writing  to  the  secretary  thereof,  and  paying  his  share  of  all  claims 
that  may  exist  against  such  company;  provided,  that  the  company  shall 
have  power  to  cancel  or  terminate  any  policy  by  giving  the  insured  five 
days'  written  notice  to  that  effect,  and  returning  to  him  any  excess  of 
premium  he  may  have  paid  during  the  term  of  the  policy,  over  the  cost 
of  his  insurance,  as  measured  by  the  rates  of  standard  fire  insurance  com- 
panies doing  business  in  this  state. 

Report  of  officers. 

Sec.  17.  It  shall  be  the  duty  of  the  president  and  secretary,  within 
thirty  days  after  the  first  day  of  January  in  each  year,  to  prepare, 
under  their  own  oath,  and  transmit  to  the  insurance  commissioner,  a 
statement  of  the  condition  of  the  company  on  the  last  day  of  the  month 
next  preceding  the  annual  meeting.  If,  upon  examination,  the  insurance 
commissioner  finds  that  such  company  is  doing  business  correctly,  in 
accordance  with  the  provisions  of  this  act,  he  shall  thereupon  furnish 
the  company  his  certificate,  which  shall  be  deemed  authority  to  continue 
business  during  the  ensuing  year,  subject,  however,  to  the  provisions  of 
this  act.  Tor  such  examination  and  certificate  the  company  shall  pay 
one  dollar.  Each  company  shall  pay,  at  the  time  of  organization,  five 
dollars  to  the  insurance  commissioner,  for  all  services  which  he  shall 
render  in  the  matter  of  organization. 

Dissolution. 

Sec.  18.  Any  such  company  may  be  proceeded  against  and  dissolved 
in  the  manner  and  upon  the  same  conditions  as  provided  in  case  of 
other  insurance  companies  incorporated  in  this  state. 

Conflicting  laws  repealed. 

Sec.  19.  All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby 
repealed. 


INSURANCE.  1917 

An  Act  providing  for  the  organization  and  management  of  mutual  fire  in- 
surance companies. 
[Approved  March  19,  1907;   Stats.  1907,  p.  631.] 
§    1.     Mutual  fire  insurance  corporations. 
§     2.      Lines  of  insurance. 
§     3.     Liability  of  members. 
§    4.     Minimum  business  required. 
§     5.     Notice  of  meeting. 

§     6.     Amount  of  risk  permitted  on  encb  policy. 
§     7.     How  mutual  company  may  procure  license. 
§    8.      Assessments  for  losses. 
§    9.      Same.     Record  of  assessment. 
§  10.     Withdrawal  of  members. 
§  11.     Dividends. 
§  12.      Construction  of  act. 
§  13.      General  provisions. 

Mutual  fire  insurance  corporations. 

Section  1.  Private  corporations  may  be  formed  for  the  purpose  of 
insuring  the  property  of  their  members  in  accordance  with  and  on  the 
properties  designated  in  this  act,  and  not  otherwise.  Such  corporations 
may  be  formed  and  organized  as  provided  in  part  four,  division  first, 
of  the  Civil  Code  of  the  state  of  California. 

Lines  of  insurance. 

Sec.  2.  Any  such  corporation  may  be  formed  for  the  purpose  of  trans- 
acting fire  insurance  business  and  in  one  of  the  following  lines,  to  wit: 

1.  Lumber-yards,  factories  and  mills. 

2.  Mercantile  risks,  dwelling-houses,  churches,  schools  and  farm-build- 
ings, and  contents. 

Liability  of  members. 

Sec.  3.  Each  person  or  corporation  accepting  a  policy  in  any  such 
mutual  insurance  corporation  shall  thereby  become  a  member  of  such 
corporation  and  shall  be  liable  for  his  pro  rata  share  of  losses  and 
operating  expenses,  except  as  hereinafter  provided. 

Minimum  business  required. 

Sec.  4.  No  policy  shall  be  issued  by  such  corporation  until  not  less 
than  two  hundred  thousand  dollars  of  insurance,  in  not  less  than  two 
hundred  separate  risks,  have  been  subscribed  for  and  entered  on  its 
books,  and  until  it  shall  have  a  cash  reserve  fund  of  fifty  thousand 
dollars.  No  officer  or  other  person  whose  duty  it  is  to  determine  the 
character  of  risks,  and  upon  whose  decision  the  application  shall  be 
accepted  or  rejected  by  such  corporation,  shall  receive  as  any  part  of 
his  compensation  a  commission  upon  the  premiums,  but  his  compensation 
shall  be  a  fixed  salary  and  such  share  of  the  net  profits  as  the  directors 
may  determine. 


1918  APPENDIX. 

Notice  of  meeting. 

Sec.  5.  Every  member  sliall  be  notified  of  the  time  and  place  of  hold- 
ing its  meeting  by  a  written  notice,  or  by  an  imprint  npon  the  back  of 
each  policy-receipt  or  certificate  of  renewal,  and  shall  be  entitled  to  a 
vote  as  provided  by  law. 

Amount  of  risk  permitted  on  each  policy. 

Sec.  6.  Such  company  may  issue  policies  provided  the  term  of  any 
policy  does  not  exceed  the  time  limited  for  the  existence  of  the  charter 
but  not  for  an  amount  in  excess  of  twenty-five  hundred  dollars  on  any 
one  risk;  provided,  however,  that  one  thousand  dollars  additional  insur- 
ance may  be  written  on  any  one  risk  for  each  million  dollars  of  total 
insurance  outstanding  on  the  books  of  the  company  in  excess  of  one 
million  dollars;  provided  further,  that  two  or  more  buildings  situated  in 
the  same  city  block,  or  separated  by  less  than  one  hundred  feet  shall 
be  deemed  to  be  one  risk. 

How  mutual  company  may  procure  license. 

See.  7.  When  any  number  of  citizens  or  corporations  not  less  than 
one  hundred  owning  insurable  property  in  this  state  desire  to  insure  in 
a  mutual  company  incorporated  under  the  laws  of  some  other  state, 
they  shall  petition  the  insurance  commissioner  to  grant  such  company  a 
license  to  transact  business  in  this  state.  Such  corporation  before  being 
licensed  in  this  state  must  file  with  the  insurance  commissioner  its  last 
annual  statement  signed  by  its  president  and  secretary  under  oath,  show- 
ing that  the  company  is  solvent  and  possessed  of  not  less  than  two 
hundred  thousand  dollars  bona  fide  premium  notes  or  contingent  lia- 
bilities of  its  members,  and  not  less  than  seventy-five  thousand  dollars 
available  cash  assets  over  and  above  all  liabilities  or  losses  reported, 
expenses,  taxes  and  reinsurance  on  all  outstanding  risks  estimated  at 
fifty  per  cent  of  the  premiums  received  and  receivable  on  all  risks. 
Such  company  must  also  file  a  copy  of  its  articles  of  incorporation  and 
a  certificate  from  the  insurance  commissioner  of  the  state  in  which  such 
company  is  incorporated,  in  which  certificate  the  insurance  commissioner 
must  certify  that  such  company's  annual  statement  is  correct.  Any 
mutual  insurance  company  incorporated  under  the  laws  of  any  other 
state,  after  complying  with  the  provisions  of  this  section  shall  be  granted 
a  license  by  the  insurance  commissioner  of  this  state,  granting  such  com- 
pany full  power  to  transact  business  under  this  act. 

Assessments  for  losses. 

Sec.  8.  Each  policy-holder  shall  be  liable  to  pay  his  proportionate 
part  of  any  assessment  which  may  be  levied  by  the  company,  in  accord- 
ance with  the  law  and  his  contract,  on  account  of  losses  and  expenses 
incurred  while  he  is  a  member.  Mutual  insurance  companies  shall 
charge  and  collect  upon  its  policies  the  full  premium  in  cash  or  notes, 
absolutely  payable,  and  may,  in  its  by-laws,  fix  the  liability  of  its  mem- 
bers for  the  payment  of  the  losses  and  expenses  not  provided  for  by  its 
cash  funds;  provided  that  the  liability  of  a  member  shall  not  be  less 


INSURANCE.  1919 

than  a  sum  equal  to  the  cash  premium  written  in  his  poliey.  The  total 
amount  of  the  liability  of  a  policy-holder  shall  be  plainly  and  legibly 
stated  upon  the  back  of  each  policy. 

Same.    Record  of  assessment. 

Sec.  9.  Whenever  such  company  is  not  possessed  of  cnsh  funds  above 
its  permanent  cash  reserve  fund  hereinafter  provided,  sufficient  for  the 
payment  of  accrued  losses  and  expenses,  it  shall  make  an  assessment  for 
the  amount  needed  to  pay  such  losses  and  expenses,  upon  its  members 
liable  to  assessment  therefor,  in  proportion  to  their  several  liabilities. 
The  company  shall  cause  to  be  recorded  in  a  book  kept  for  that  pur- 
]iose,  the  order  for  such  assessment,  together  with  a  statement  which 
sliall  set  forth  the  condition  of  the  company  at  the  date  of  the  order, 
the  amount  of  its  cash  assets  and  of  its  premium  notes,  or  other  con- 
tingent funds  liable  to  assessment  and  the  amount  the  assessment  calls 
for.  Such  record  shall  be  made  and  signed  by  the  directors  who  voted 
for  the  order,  before  any  part  of  the  assessment  is  collected,  and  any 
person  liable  to  assessment  may  inspect  and  take  a  copy  of  the  same. 

Withdrawal  of  members. 

Sec.  10.  Any  member  of  any  such  corporation  may  withdraw  at  any 
time  by  surrendering  his  policy  or  certificate  of  insurance  to  the  cor- 
poration, and  giving  thirty  days  written  notice  of  his  intention  to  with- 
draw and  by  paying  his  share  of  all  losses  which  shall  have  accrued  by 
the  end  of  the  time  specified  in  the  notice,  and  all  assessments  due, 
accrued,  or  pending  at  the  time  of  his  withdrawal,  but  the  company  may 
retain  the  rate  usually  charged  by  standard  insurance  companies  for 
a  short-term  policy;  provided,  also,  that  the  corporation  shall  have  power 
to  cancel  or  determine  any  policy  by  giving  the  insured  five  days  written 
notice  to  that  effect,  and  returning  to  the  insured  his  pro  rata  of  the 
unearned  premium. 

Dividends. 

Sec.  11.  No  mutual  fire  insurance  corporation  formed  under  this  act 
may  make  any  dividend  except  from  profits  in  hand  after  retaining 
unimpaired: 

1.  The  sum  of  fifty  thousand  dollars. 

2.  A  fund  equal  to  one  half  the  amount  of  all  premiums  on  risks  not 
terminated  at  the  time  of  making  such  dividend. 

3.  A  sufficient  sum  to  pay  all  losses  reported,  or  in  course  of  settle- 
ment, and  all  liabilities  for  expenses  and  taxes. 

Construction  of  act. 

Sec.  12.  Nothing  in  this  act  shall  be  construed  to  restrict  or  affect 
the  provisions  of  "An  Act  to  provide  for  the  organizatinn  and  manage- 
ment of  county  fire  insurance  companies,"    approved  April  1st,  1897. 

General  provisions. 

Sec.  13.  The  general  provisions  applicable  to  all  corporations  as  ex- 
pressed in  part  four  of  division  first  of  the  Civil  Code  of  the  state  of 


1920  APPENDIX. 

California,  also  all  provisions  of  the  Political  Code  so  far  as  compatible 
with  the  provisions  of  this  act,  are  hereby  made  applicable  to  corpora- 
tions provided  for  by  this  act. 


A)i  Act  relating  to  life,  health  and  accident  insurance  of  live-siocl-  on  the 

assessment  plan  and  the  conduct  of  the  business  of  such  insurance. 

[Approved  March  23,  1907;  Stats.  1907,  p.  952.] 

§    1.     Contract  of  mutual  insurance  of  animals  defined. 

§    2.     How    corporations    may    be    formed.     Investments.     Condition    precedent    to 
issuing  insurance. 

§    3.     What  contracts  of  insurance  shall  specify. 

§    4.     Reserve  fund  required. 

§     5.      Foreign  corporations,   conditions  required. 

§     6.     Limitations  of  contracts.     Applications  for  insurance.     False  statements,  pen- 
alty for. 

§    7.     Benefits  not  liable  to  attachments. 

§    8.     Annual  statement  to  be  filed. 

§    9.     "When  corporation  may  have  license  revoked. 

§  10.      Assessments,  notice  of  to  be  mailed. 

§  11.      No  section  of  this  number. 

§  12.     Fees  for  filing  statements,  etc. 

§  13.     Expenses  of  insurance  commissioner,  how  paid. 

Contract  of  mutual  insurance  of  animals  defined. 

Section  1.  Every  contract  whereby  a  benefit  may  accrue  to  a  party 
or  parties  therein  named  upon  the  "death  or  physical  disability  of  an 
animal  insured  thereunder,  or  for  the  payment  of  any  sums  of  money 
dependent  in  any  degree  upon  the  collection  of  assessments  or  dues  from 
owners  holding  similar  contracts,  shall  be  deemed  a  contract  of  mutual 
insurance  upon  the  assessment  plan.  Such  contracts  must  show  that 
the  liabilities  of  the  insured  thereunder  are  not  limited  to  fixed  premiums. 

How  corporations  may  be  formed.    Investments.    Condition  precedent  to 

issuing  Insurance. 

Sec.  2.  Corporations  may  be  formed  under  the  general  laws  of  this 
state  to  carry  on  the  business  of  mutual  live-stock  insurance  upon  the 
assessment  plan,  and  shall  be  subject  only  to  the  provisions  of  this  act. 
No  such  corporation  shall  issue  contracts  of  insurance  until  at  least 
two  hundred  (200)  persons  owning  live-stock  have  applied,  in  writing, 
for  membership  or  insurance  therein,  and  have  paid  to  the  treasurer  of 
such  corporation  the  sum  of  five  thousand  (5000)  dollars.  This  sum 
shall  be  invested  in  bonds  or  securities,  approved  by  the  insurance  com- 
missioner of  this  state,  or  deposited  in  some  bank  in  this  state  where  it 
will  earn  interest.  Said  bonds  or  securities,  or  evidences  of  such  de- 
posit, shall  be  placed,  through  the  insurance  commissioner  of  this  state, 
with  the  state  treasurer,  and  the  principal  sura  shall  be  held  in  trust  for 
the  contract-holders  of  such  corporation,  with  the  right  in  the  corpora- 
tion to  exchange  said  bonds,  securities,  or  evidence  of  bank  deposit  for 
others  of  like  value.     Such  corporation  shall  also,  as  a  condition  piece- 


INSURANCE.  1921 

dent  to  issuing  any  contracts  of  insurance,  obtain  the  written  certificate 
of  the  insurance  commissioner  that  it  has  complied  with  the  require- 
ments of  this  act;  and  that  the  name  of  the  corporation  is  not  the  same 
as  that  of  any  other  corporation  of  this  or  other  states,  as  indicated  by 
the  insurance  department  reports  in  his  office;  nor  shall  the  commissioner 
approve  any  name  or  title  so  closely  resembling  another  as  to  mislead 
the  public.  No  corporation  formed  hereunder  shall  have  legal  existence 
after  one  year  from  the  date  of  its  articles,  unless  its  organization  has 
been  completed,  and  business  commenced;  nor  shall  any  corporation  or 
individual  solicit,  or  cause  to  be  solicited,  any  business,  until  such  cor- 
poration shall  have  complied  with  the  provisions  of  section  six  hundred 
and  thirty-three  of  the  Political  Code  of  this  state. 

What  contracts  of  insurance  shall  specify. 

Sec.  3.  The  contracts  of  insurance  issued  by  such  corporation  shall 
specify  the  sum  or  sums  to  be  paid  upon  the  happening  of  the  con- 
tingency insured  against,  and  when  such  payments  will  be  made.  Unless 
the  contract  shall  have  been  invalidated  by  fraud  or  by  breach  of  its 
conditions,  the  corporation  shall  be  obligated  to  pay  the  beneficiary  the 
amount  or  amounts  specified  in  its  contract  at  the  time  or  times  therein 
named,  and  such  indebtedness  shall  be  a  lien  upon  all  the  property  of 
such  corporation,  with  priority  over  all  indebtedness  thereafter  incurred, 
except  as  hereinafter  provided  in  case  of  insolvency.  Failure  to  make 
such  payment  within  thirty  days  after  notice,  at  the  home  office,  by 
mail,  as  provided  by  law,  of  final  judgment,  unless  waiver  is  made  by 
the  beneficiary,  shall  constitute  a  forfeiture  of  the  right  to  do  business. 

Reserve  fund  required. 

Sec.  4.  Every  domestic  corporation  organized  or  doing  business  under 
this  act  shall  accumulate  a  reserve  or  emergency  fund,  which  shall  at 
all  times  be  not  less  than  the  largest  benefit  contracted  to  be  paid  by 
it  to  any  one  person.  Every  existing  domestic  corporation  must  accumu- 
late such  fund  within  one  year  from  the  date  when  this  act  takes  effect, 
and  any  corporation  organized  hereunder  within  one  year  from  the 
date  of  its  certificate  of  incorporation.  Such  fund,  to  the  extent  of  the 
largest  amount  contracted  to  be  paid  by  any  such  corporation  to  any 
one  person,  shall  be  so  invested  and  deposited,  as  provided  in  section  two 
hereof,  with  the  right  in  the  corporation  to  exchange  any  such  securities 
for  others  of  equal  value.  The  deposit  required  by  section  two  of  this 
act  shall  constitute  a  part  of  the  reserve  required  by  this  section,  at 
the  option  of  such  corporation.  When  any  corporation  doing  business 
hereunder  shall  discontinue  business,  this  fund  shall  be  returned  to  such 
corporation,  or  so  disposed  of  as  may  be  determined  by  the  superior  court 
of  the  county,  or  city  and  county,  in  which  is  its  principal  place  of 
business. 

Foreign  corporations,  conditions  required. 

See.  5.  Corporations  organized  under  the  laws  of  any  other  state  or 
country  to  transact  the  business  of  mutual  assessnaent  or  live-stock  insur- 


1922  APPENDIX. 

ance,  must,  aa  a  condition  precedent  to  transacting  business  in  this 
state,  deposit  with  tlie  insurance  commissioner  of  tliis  state  a  certified 
copy  of  its  cliarter,  or  otlier  instrument,  required  by  its  liome  author- 
ities; a  statement,  under  oath,  of  its  president  or  secretary,  of  its  busi- 
ness for  the  preceding  year,  in  such  form  as  may  be  required  by  the 
insurance  commissioner  of  this  state;  an  appointment  of  a  general  agent, 
service  upon  whom  shall  bind  the  corporation;  a  certificate  that  for  the 
next  preceding  twelve  months  it  has  paid,  in  full,  the  maximum  amount 
named  in  its  contracts  of  insurance;  a  certificate  from  the  proper  officer 
of  its  state  or  government  that  like  corporations  of  this  state  are  legally 
entitled  to  do  business  in  such  state  or  country;  copies  of  its  contracts 
of  insurance  and  applications,  which  must  show  that  the  liabilities  of 
its  members  are  not  limited  to  fixed  premiums;  and  evidence,  satis- 
factory to  the  insurance  commissioner,  that  the  corporation  has  accumu- 
lated a  fund  equal  to  that  required  of  like  corporations  in  this  state, 
constituting  a  reserve  or  surplus  fund,  held  in  trust  for  the  benefit  of  its 
contract-holders,  and  so  invested  and  held  as  required  by  the  laws  of 
the  state  or  government  under  which  such  corporation  was  organized. 
The  insurance  commissioner  shall  thereupon  issue  a  license  to  such  cor- 
poration to  do  business  in  this  state.  This  license  must  be  renewed 
annually,  and  may  be  revoked  whenever  it  is  ascertained  that  the  state- 
ments required  to  be  made  by  this  section  are  not  true.  Upon  such 
revocation,  notice  thereof  shall  be  given  by  the  insurance  commissioner, 
by  publication  in  some  newspaper  published  in  the  city  and  county  of 
San  Francisco,  for  two  weeks,  daily,  and  no  new  contracts  shall  be  made 
by  such  company  in  this  state.  "When  any  other  state  or  country  imposes 
any  additional  license,  fees,  taxes,  or  penalties  upon  any  corporation 
organized  or  doing  business  under  this  act,  like  license,  fees,  taxes,  or 
penalties  shall  be  imposed  upon  corporations  of  the  same  kind,  and 
their  agents,  of  such  state  or  country  doing  business  in  this  state. 

Limitations  of  contract.    Applications  for  insurance.    False  statements, 

penalty  for. 

Sec.  6.  No  corporation  doing  business  under  this  act  (except  accident 
or  casualty  corporations)  shall  issue  a  contract  of  insurance  upon  the 
life  of  any  animal  after  it  has  passed  its  fifteenth  birthday.  Every 
such  contract  of  insurance  shall  be  founded  upon  written  application 
therefor,  and  (except  when  the  application  is  for  health,  accident,  or 
casualty  insurance  only,  or  for  one  hundred  dollars  life  insurance,  or 
less)  such  application  shall  be  accompanied  by  the  report  of  a  reputable 
veterinarian,  containing  a  detailed  statement  of  his  examination  of  the 
animal,  and  showing  the  animal  to  be  in  good  health,  and  recommending 
the  issuance  of  a  contract  of  insurance.  Any  solicitor,  agent,  employee, 
examining  veterinarian,  or  other  person  making  a  false  or  fraudulent 
statement  to  any  corporation  doing  business  under  this  act,  with  refer- 
ence to  any  application  for  insurance,  or  for  the  purpose  of  obtaining 
any  money  or  benefit  from  such  corporation,  shall  be  guilty  of  a  misde- 
meanor, and  upon  conviction  shall  be  punished  by  a  fine  of  not  less  than 
one  hundred  dollars  nor  more  than  five  hundred  dollars,  or  by  imprison- 


INSURANCE.  VJ2'S 

ment  in  tlie  county  jail  for  not  less  than  thirty  days  nor  more  than  one 
year,  or  by  both  such  fine  and  imprisonment,  in  the  discretion  of  the 
court;  and  any  person  who  shall  make  a  false  statement  of  any  material 
fact  or  thing  in  a  sworn  statement  as  to  the  death  or  disability  of  an 
animal  of  the  contract-holder  in  any  such  corporation,  for  the  purpose 
of  ])rocuring  or  aiding  the  beneficiary  or  beneficiaries,  or  contract- 
holder,  in  procuring  the  payment  of  a  benefit  named  in  the  contract, 
shall  be  guilty  of  perjury,  and  may  be  proceeded  against  and  punished 
as  provided  by  the  statutes  of  this  state  in  relation  to  the  crime  of 
perjury. 

Benefits  not  liable  to  attachments. 

Sec.  7.  The  money,  benefit,  annuities,  endowment,  charity,  relief,  or 
aid  to  be  paid  as  provided  by  the  contracts  issued  by  any  corporation  . 
doing  business  under  this  act,  shall  not  be  liable  to  attachment  or  other 
process,  and  shall  not  be  seized,  taken,  appropriated,  or  applied  by  any 
legal  or  equitable  process,  nor  by  operation  of  law,  to  pay  any  debts 
or  liability  of  the  contract-holder,  or  any  beneficiary  named  thereunder. 

Annual  statement  to  be  filed. 

See.  8.  Every  domestic  and  foreign  corporation  doing  business  under 
this  act,  shall,  annually,  on  or  before  the  first  day  of  February,  file  with 
the  insurance  commissioner,  in  such  form  as  he  shall  prescribe,  a  state- 
ment of  the  affairs  for  the  year  ending  on  the  preceding  thirty-first  day 
of  December.  The  insurance  commissioner,  in  person  or  by  duly  author- 
ized deputy,  shall  have  the  power  of  examination  into  the  affairs  of  any 
domestic  corporation  doing  business  or  claiming  to  do  business  under  this 
act,  at  any  time,  in  his  discretion,  and  shall  make  such  examination  at 
least  once  a  year. 

When  corporation  may  have  license  revoked. 

Sec.  9.  If  the  insurance  commissioner,  after  examination  of  the  affairs 
of  a  corporation,  shall  find  that  such  corporation  is  not  doing  its  business 
in  conformity  to  this  act,  or  that  it  is  doing  a  fraudulent  or  unlawful 
business,  or  that  it  is  not  carrying  out  its  terms  of  contract,  or  that  it 
cannot  within  three  months  from  the  date  of  notice  of  default  pay  its 
obligations,  he  shall  cite  the  president,  secretary,  manager,  or  general 
agent  of  said  corporation,  or  all  of  them,  to  appear  before  him  (stating 
the  time  and  place)  to  show  cause  why  the  authority  of  such  corporation 
to  do  business  shall  not  be  revoked;  and  if  they  cannot  show  cause,  then 
he  shall  report  the  facts  to  the  attorney-general  of  this  state,  who  shall 
commence  proceedings  in  the  proper  court  to  restrain  said  corporation 
from  doing  any  further  business. 

Assessments,  notice  of  to  be  mailed. 

Sec.  10.  No  policy  or  certificate  issued  by  any  corporation  or  associa- 
tion doing  business  under  the  provisions  of  this  act  shall  lapse  or  be 
lapsed  for  the  non-payment  of  any  assessments,  dues,  or  premiums, 
unless  the  corporation  or  association  has  first  mailed  to  the  insured  under 


1924  APPENDIX. 

such  policy  or  certificate,  at  his  or  her  last  given  post-office  address,  a 
notice  setting  forth  the  amount  to  be  paid,  and  the  time  the  same  is  due 
and  payable;  and  such  notice  shall  be  mailed  at  least  fifteen  days  before 
the  assessment  is  due  (provided,  that  such  corporations  doing  business 
under  this  act  as  collect  specific  amounts  at  specific  dates,  as  contained 
in  the  contract,  shall  not  be  compelled  to  send  such  notices),  and  an 
affidavit  made  by  the  officer,  book-keeper,  or  clerk  of  any  such  corpora- 
tion having  charge  of  the  mailing  of  notices,  setting  forth  the  facts  as 
they  appear  on  tJie  records  in  the  office  of  the  said  corporation,  showing 
that  such  notice  was  mailed  and  the  date  of  mailing,  shall  constitute 
conclusive  evidence  of  the  mailing  of  such  notice. 

Fees  for  filing  statements,  etc. 

Sec.  12.  The  fees  for  filing  statements,  certificates,  or  other  docu- 
ments required  by  this  act,  or  for  any  service  or  act  of  the  insurance 
commissioner,  and  the  penalties  for  any  violation  of  this  act,  shall, 
except  as  otherwise  provided  herein,  be  the  same  as  provided  in  the  laws 
of  this  state  relating  to  life-insurance  companies,  and  shall  be  disposed 
of  as  provided  by  such  law. 

Expenses  of  insurance  commissioner,  how  paid. 

Sec.  13.  And  for  all  lawful  expenses  under  this  act,  or  by  reason  of 
any  of  its  provisions  in  the  prosecution  of  any  suit  or  proceedings,  or 
otherwise,  for  the  enforcement  of  the  provisions  of  this  act,  the  insur- 
ance commissioner  must  present  bills  duly  certified  by  him  and  accom- 
panied with  vouchers,  to  the  state  board  of  examiners,  who  must  allow 
the  same,  and  direct  payment  thereof  to  be  made;  and  the  state  con- 
troller shall  draw  warrants  therefor  on  the  state  treasurer  for  the  pay- 
ment of  the  same  to  the  insurance  commissioner,  in  addition  to  the 
ordinary  contingent  expenses,  which  warrant  shall  be  payable  out  of  the 
general  fund. 

Sec.  14.     This  act  shall  take  effect  immediately. 

IRRIGATION. 

Laws  relating  to:  See  ante,  pp.  513-562. 


LIENS.  1925 


LIENS. 

An  Act  giving  a  lien  to  loggers  and  laborers,  employed  in  logging-camps, 

•upon  the  logs  cut  and  hauled  by  the  persons  who  employ  them. 

[1.   Approved    March    30,    1878;     Stats.     1877-78,    p.    747.      2.   Amended    April    12, 

1880;  Stats.  18S0,  p.  38.      3.  Amended  March  8,  1887;  Stats.  1887,  p.  53.] 

§  1.     Labor  with  logs;  lien  upon. 

§  2.     Lien  to  cease;  how  and  when. 

§  3.      Suits  to  be  commenced  in  proper  courts. 

§  4.      Plaintiff  to  have  lumber  attached. 

§  5.      Clerk  to   issue  writ. 

§  6.      Sheriff  to  attach  lo£;s. 

§  7.      Sections  made  applicable. 

§  8.      Attachment;   how  made. 

§  9.     Where  lien  shall  extend. 

Labor  with  logs;  lien  upon. 

Section  1.  A  person  who  labors  at  cutting,  hauling,  rafting,  or  driving 
logs  or  lumber,  or  who  performs  any  labor  in  or  about  a  logging-camp 
necessary  for  the  getting  out  or  transportation  of  logs  or  lumber,  shall 
have  a  lien  thereon  for  the  amount  due  for  his  personal  services,  which 
shall  take  precedence  of  all  other  claims,  to  continue  for  thirty  days 
after  the  logs  or  lumber  arrive  at  the  place  of  destination,  for  sale  or 
manufacture,  except  as  hereinafter  provided.  fAmendment.  Approved 
April  12,  1880;  Stats.  1880,  p.  38.] 

Lien  to  cease;  how  and  when. 

See.  2.  The  lien  hereby  created  shall  cease  and  determine  nnless  the 
claimant  thereof  shall,  within  twenty  days  from  the  time  of  such  labor 
shall  have  been  completed,  file  and  record  in  the  office  of  the  county 
recorder  of  the  county  where  such  labor  was  performed  a  verified  claim, 
containing  a  statement: 

First.     Of  his  demand,  after  deducting  all  just  credits  and  offsets. 

Second.     The  time  within  which  such  labor  was  done. 

Third.  The  name  of  the  person  or  persons  for  which  the  same  was 
done. 

Fourth.  The  place  where  the  logs  or  timber  upon  which  such  lien  is 
claimed  are  believed  to  be  situated,  and  the  marks  upon  the  same. 

Fifth.     The  reputed  owner  thereof;  and, 

Sixth.  The  reputed  owner  Of  the  land  from  which  the  same  were  cut 
and  hauled. 

Suits  to  be  commenced  in  proper  courts. 

Sec.  3.  All  liens  hereby  provided  for  shall  cease  and  determine  unless 
suit  to  foreclose  the  same  shall  be  commenced  in  the  proper  court  within 
twenty-five  davs  from  the  time  the  same  are  filed,  [Amendment.  Ap- 
proved April  12,  1880;  Stats.  1880,  p.  39.] 


1926  APPENDIX. 

Plaintiff  to  have  lumber  attached. 

Sec.  4.  The  plaintiff  in  any  such  suit,  at  the  time  of  issuing  the 
summons,  or  at  any  time  afterward,  may  have  the  logs  or  timber  upon 
which  such  lien  subsists  attached,  as  further  security  for  the  payment  of 
any  judgment  he  may  recover,  unless  defendant  give  him  good  and 
sufficient  security  to  pay  such  judgment,  in  which  event  such  logs  shall 
be  forthwith  discharged  by  the  sheriff  from  such  attachment,  and  from 
the  lien  hereby  created. 

Clerk  to  issue  writ. 

Sec.  5.  The  clerk  of  the  court  must  issue  the  writ  of  attachment  upon 
receiving  an  affidavit  by  or  on  behalf  of  the  plaintiff,  showing: 

First.  That  defendant  is  indebted  to  the  plaintiff  upon  a  demand  for 
labor,  for  which  his  claim  has  been  duly  filed  in  accordance  with  section 
two  of  this  act. 

Second.  That  the  sum  for  which  the  attachment  is  asked  is  an  actual 
bona  fide  existing  debt,  due  and  owing  from  the  defendant  to  the  plain- 
tiff, and  that  the  attachment  is  not  sought,  and  the  action  is  not  prose- 
cuted, to  hinder,  delay,  or  defraud  any  creditor  or  creditors  of  the  defend- 
ant. 

Sheriff  to  attach  logs. 

Sec.  6.  The  writ  must  be  directed  to  the  sheriff  of  the  county,  nnd  must 
require  him  to  attach  and  safely  keep  the  logs  and  timber  specified  in  such 
lien,  or  so  much  thereof  as  may  be  sufficient  to  satisfy  plaintiff's  demand, 
unless  the  defendant  give  good  and  sufficient  security,  as  provided  in 
this  act,  in  which  case  to  take  such  security  and  discharge  any  attach- 
ment he  may  have  made,  and  to  deliver  up  such  logs  to  defendant,  who 
shall  receive  the  same  free  from  the  lien  upon  which  such  suit  is 
brought. 

Sections  made  applicable. 

Sec.  7.  Sections  five  hundred  and  thirty-nine,  eleven  hundred  and 
eighty-nine,  eleven  hundred  and  ninety-five,  eleven  hundred  and  ninety- 
seven,  eleven  hundred  and  ninety-eight,  and  eleven  hundred  and  ninety- 
nine  of  the  Code  of  Civil  Procedure  are  hereby  made  applicable  to  this 
act.     [Amendment.     Approved  March  8,  1887;  Stats.  1887,  p.  53.] 

Attachment;  how  made. 

Sec.  8.  Such  attachment  shall  be  made  by  taking  such  logs  into  pos- 
session, and  the  sheriff  shall  make  an  inventory  and  return  of  his  pro- 
ceedings as  directed  in  chapter  four,  titie  seven,  of  the  Code  of  Civil 
Procedure. 

Where  lien  shall  extend. 

Sec.  9.  The  lien  provided  for  by  this  act  shall  in  no  case  extend 
beyond  the  limits  of  the  county  in  which  the  logs  or  timber  in  contro- 
versy were  cut. 


MASTER  AND  SERVANT — MINES  AND  MINING.  1927 

Sec.  10.     This  act  shall  take  effect  and  be  in  force  from  aucl  after  its 
passage. 

Code  commissioner's  note.  ■Concerning  this  statute  the  code  commissioner  says 
that  so  much  of  it  as  it  is  deemed  necessary  to  preserve  is  codified  by  §  3065  of 
the  Civil  Code.  See  ante,  Legislation  §  3065.  As  there  was  no  repeal  oi  this 
Statute,  however,  it  is  inserted  here. 


MASTER  AND  SERVANT. 

An  Act  to  provide  for  a  liinch-liour  for  laborers  in  sawmills,  slialcc-mills, 

shingle-mills,  and  logging-camps. 

[Approved  February  28,  1901;  Stats.  1901,  p.  75.] 

S  1.     Lunch-hour  for  laborers  in  lumber  camps  and  mills. 
§  2.     Punishment  for  violating  statute. 

Lunch-hour  for  laborers  in  lumber  camps  and  mills. 

Section  1.  Every  person,  corporation,  copartnership,  or  company  oper- 
ating a  sawmill,  shake-mill,  shingle-mill,  or  logging-oanip,  in  the  state 
of  California,  shall  allow  to  his  or  its  employees,  workmen,  and  laborers 
a  period  of  not  less  than  one  hour  at  noon  for  the  midday  meal. 

Punishment  for  violating  statute. 

Sec.  2.  Any  person,  corporation,  copartnership,  or  company,  his  or  its 
agents,  servants,  or  managers,  violating  any  of  the  provisions  of  this 
act  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  punished  by  a  fine  of  not  more  than  two  hundred  dollars  nor  less 
than  one  hundred  dollars  for  each  violation  of  the  provisions  of  this  act. 

Sec.  3.  This  act  shall  take  effect  and  be  in  force  on  the  first  day 
of  Aj)ril,  nineteen  hundred  and  one. 


MINES  AND  MINING. 

An  Act  for  the  protection  of  Miners. 
[Approved  March  16,  1872;  Stats.  1871-72,  p.  413.] 

§  1.     Protection   of  miners. 

§  2.     Escape-shaft. 

§  3.     Liabilities.     Damages. 

Protection  of  miners. 

Section  1.  It  shall  not  be  lawful  for  any  corporation,  association, 
owner,  or  owners  of  any  quartz-miniug  claims  within  the  state  of  Cali- 
fornia, where  such  corporation,  association,  owner,  or  owners  employ 
twelve  men  daily,  to  sink  down  into  such  mine  or  mines  any  perpen- 


1928  APPENDIX. 

dicular  shaft  or  incline  beyond  a  depth  from  the  surface  of  three  liun- 
dred  feet  without  providing  a  second  mode  of  egress  from  such  mine, 
by  shaft  or  tunnel,  to  connect  with  the  main  shaft  at  a  depth  of  not 
less  than  one  hundred  feet  from  the  surface. 

Escape-shaft. 

Sec.  2.  It  shall  be  the  duty  of  each  corporation,  association,  owner, 
or  owners  of  any  quartz  mine  or  mines  in  this  state,  where  it  becomes 
necessary  to  work  such  mines  beyond  the  depth  of  three  hundred  feet, 
and  where  the  number  of  men  employed  therein  daily  shall  be  twelve 
or  more,  to  proceed  to  sink  another  sliaft  or  construct  a  tunnel  so  as  to 
connect  with  the  main  working-shaft  of  such  mine  as  a  mode  of  escape 
from  underground  accident  or  otherwise.  And  all  corporations,  asso- 
ciations, owner,  or  owners  of  mines  as  aforesaid,  working  at  a  greater 
depth  than  three  hundred  feet,  not  having  any  other  mode  of  egress 
than  from  the  main  shaft,  shall  proceed  as  herein  provided. 

Liabilities.    Damages. 

Sec.  3.  When  any  corporation,  association,  owner,  or  owners  of  any 
quartz-mine  in  this  state  shall  fail  to  provide  for  the  proper  egress  as 
herein  contemplated,  and  where  any  accident  shall  occur,  or  any  miner 
working  therein  shall  be  hurt  or  injured,  and  from  such  injury  might 
have  escaped  if  the  second  mode  of  egress  had  existed,  such  corpora- 
tion, association,  owner,  or  owners  of  the  mine  where  the  injuries  shall 
have  occurred,  shall  be  liable  to  the  person  injured  in  all  damages  that 
may  accrue  by  reason  thereof;  and  an  action  at  law  in  a  court  of  com- 
petent jurisdiction  may  be  maintained  against  the  owner  or  owners  of 
such  mine,  which  owners  shall  be  jointly  or  severally  liable  for  such 
damages.  And  where  death  shall  ensue  from  injuries  received  from  any 
negligence  on  the  part  of  the  owners  thereof  by  reason  of  their  failure 
to  comply  with  any  of  the  provisions  of  this  act,  the  heirs  or  relatives 
surviving  the  deceased  may  commence  an  action  for  the  recovery  of  such 
damages  as  provided  by  an  act  entitled  an  act  requiring  compensation 
for  causing  death  by  wrongful  act,  neglect,  or  default,  approved  April 
twenty-sixth,  eighteen  hundred  and  sixty-two. 

Sec.  4.  This  act  shall  take  effect  and  be  in  force  six  months  from 
and  after  its  passage. 


ORPHANS. 

See  ante,    tit.  "Infancy." 


EAILROADS.  1929 


RAILROADS. 

An  Act  to  confirm,  ratify,  and  make  valid  ordinances  heretofore  passed  hy 
the  Trustees,  Council,  or  other  body  intrusted  with  the  Government  of  any 
incorporated  city,  city  and  county,  or  toton,  giving  authority  and  per- 
mission to  propel  cars  upon  railroad  tracks  laid  through  the  streets  and 
public  highivays  of  such  incorporated  city,  city  and  county,  or  town,  hy 
electricity. 

[Approved  February  25,  1891;  Stats.  1891,  p.  12.] 

Ordinances  giving  authority  to  propel  cars  by  electricity,  ratified. 

Section  1.  In  all  cases  where,  prior  to  the  passage  of  this  act,  author- 
ity to  lay  railroad  tracks  through  streets  or  public  highways  of  any 
incorporated  city,  city  and  county,  or  town,  has  been  obtained  for  a 
term  of  years,  not  exceeding  fifty,  from  the  trustees,  council,  or  other 
body  to  whom  was  intrusted  the  government  of  the  city,  city  and 
county,  or  town,  and  permission  has  been  granted  by  such  governing 
body  to  propel  cars  upon  such  tracks  by  electricity,  such  authority  and 
permission  shall  be,  and  shall  be  held  and  deemed  as  valid  and  legal  as 
the  same  would  have  been,  if,  at  the  time  of  the  obtaining  thereof, 
section  four  hundred  and  ninety-seven  of  the  Civil  Code  had  expressly 
declared  that  permission  might  be  given  to  propel  ears  upon  such  tracks 
by  electricity,  as  well  as  by  horses,  mules,  or  wire  ropes  running  under 
the  streets  and  propelled  by  stationary  steam-engines;  provided,  that 
all  such  permissions  or  franchises  heretofore  granted  shall  be  subject  to 
the  provisions  of  the  laws  of  this  state  applicable  to  street-railroads 
in  general,  and  subject  to  the  same  regulations  from  city,  city  and 
county,  and  town  authorities  as  if  the  said  franchises  were  hereafter 
granted. 

Sec.  2.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

Constitutional:   People  r.  Los  Angeles  etc.  Ry.  Co.,  91  Cal.  338. 

An  Act  to  enable  railroad  companies  to  complete  their  railroads, 
[Approved  April  1,  1878;   Stats.  1877-78,  p.  944.] 

Authorizing  construction  of  railroads. 

Section  1.  Every  railroad  company  heretofore  organized  under  the 
laws  of  this  state,  and  which  has  completed  a  portion  of  its  road  prior 
to  the  passage  of  this  act,  is  hereby  authorized  and  empowered  to  com- 
plete its  road  as  described  in  its  articles  of  incorporation,  notwithstand- 
ing it  may  not  have  begun  the  construction  of  its  road  within  two 
years  after  filing  its  original  articles  of  incorporation,  and  notwith- 
standing it  may  not  have  completed  and  put  in  operation  five  miles  of 
its  road  each  year  thereafter. 

Sec.  2.     This  act  shall  take  effect  from  and  after  its  passage. 


1930  APPENDIX. 

An  Act  to  create  the  office  of  Commissioner  of  Transportation,  and  to  de- 
fine its  poivers  and  duties;  to  fix  the  maximiim  charges  for  transporting 
passengers  and  freights  on  certain  railroads,  and  to  prevent  extortioiu 
and  unjust  discrimination  thereon. 

[1.  Approved  April  1,  1878;  Stats.  1877-78,  p.  969.  2.  Repealed  March  19,  1909; 
Stats.  1909,  p.  499.] 

The  act   of  April   1,  1878    (Stats.   1877-78,  p.   969),  repealed   the   pre- 
vious act  of  similar  character  of  April  3,  1876  (Stats.  1875-76,  p.  783). 


An  Act  to  organise  and  define  the  powers  of  the  Board  of  Eailroad  Corru- 

missioners. 

[1.  Approved  April   15,    1880;    Stats.    1880,   p.   45.     2.  Repealed  March   19,    1909; 

Stats.  1909,  p.  499.] 


An  Act  providing  for  the  organisation  of  the  railroad  commission  of  the 
state  of  California,  defining  its  powers  and  duties  and  the  powers  and 
duties  of  transportation  companies,  their  officers  and  employees,  and  de- 
fining offenses  by  transportation  companies,  their  officers,  employees  and 
other  persons,  and  providing  penalties  therefor;  and  repealing  an  act 
entitled  "An  Act  to  create  the  office  of  commissioner  of  transportation, 
and  to  define  its  powers  and  duties;  to  fix  the  maximum  charges  for 
transporting  passengers  and  freight  on  certain  railroads,  and  to  prevent 
extortion  and  unjust  discrimination  therein,"  approved  April  1,  1878, 
and  also  repealing  an  act  entitled  "An  Act  to  organize  and  define  the 
powers  of  the  hoard  of  railroad  commissioners,"  approved  April  15, 
1880. 

[Approved  March  19,   1909;   Stats.  1909,  p.  499.] 

This  act,  2921,  is  printed  in  its  entirety  on  pp.  1062-1081. 

An  Act  to  limit  and  fix  the  rates  of  fares  on  street-railroads  in  cities  and 

towns  of  more  than  one  hundred  thousand  inliabitants. 

[Approved  January  1,  1878;  Stats.  1877-78,  p.  18.] 

§  1.     Rates   of   fare   of   street-railroads. 

§  2.     Violation   and   forfeiture. 

Rates  of  fare  of  street-railroads. 

Section  1.  No  street-railroad  in  any  city  or  town  of  this  state,  with 
more  than  one  hundred  thousand  inhabitants,  shall  be  allowed  to  charge 
or  collect  a  higher  rate  of  fare  than  five  cents  for  each  passenger  per 
trip  of  any  distance  in  one  direction,  either  going  or  coming,  along  any 
part  of  the  whole  length  of  the  road  or  its  connections. 

Violation  and  forfeiture. 

Sec.  2.  Every  violation  of  the  provisions  of  section  one  of  this  act 
shall  subject  the  owner  or  owners  of  the  street-railroad  violating  the 


RAILROADS.  1931 

same  to  a  forfeiture  to  the  person  so  unlawfully  charged,  or  paying 
more  than  is  therein  allowed  to  be  charged,  the  sura  of  two  hundred 
and  fifty  dollars  for  each  and  every  instance  when  such  unlawful 
charge  is  made  or  collected,  to  be  recovered  by  suit  in  any  court  of 
competent  jurisdiction;  such  causes  of  action  shall  be  assignable,  and 
the  action  may  be  maintained  by  the  assignee  in  his  own  name,  and 
several  causes  of  action  arising  out  of  unlawful  charges  or  collections 
from  different  persons  may  be  vested  in  the  assignee  and  united  in  the 
same  action. 

Sec.  3.     This  act  shall  be  in  force  from  its  passage. 


An  Act  to  limit  the  time  within  which  franchises  or  privileges  for  the  cori- 
struclian,  extension,  or  operation  of  street-railroads  may  he  granted  by 
Boards  of  Supervisors  of  the  several  counties,  and  cities  and  counties,  of 
this  state. 

[Approved  February  24,  1893;   Stats.  1893,  p.  29.] 

§  1.     Limit  of  time  within  which  franchises  may  be  granted. 
§  2.      Validity  of  franchise. 
§  3.     Conflicting  acts  repealed. 

Limit  of  time  within  which  franchise  may  be  granted. 

Section  1.  It  shall  be  unlawful  for  the  board  of  supervisors  of  any 
county,  or  city  and  county,  v/ithin  the  ninety  days  next  preceding  the 
date  of  holding  a  general  election,  and  within  the  seventy  days  next 
immediately  following,  including  the  day  of  holding  such  general  elec- 
tion, to  authorize  or  pass  any  ordinance,  order,  or  resolution  granting 
to  any  person  or  persons,  or  association  of  persons,  or  corporation  what- 
soever, any  privilege  or  franchise  for  the  construction,  extension,  or 
operation  of  any  street-railroad,  or  extension  of  time  for  the  construc- 
tion or  operation  of  any  street-railroad,  over  or  upon  any  or  part  of 
any  street,  road,  highway,  squares,  or  park  within  the  county,  or  city 
and  county. 

Validity  of  franchise. 

Sec.  2.  Any  franchise  or  privilege  granted,  or  attempted  to  be 
granted,  in  violation  of,  or  contrary  to,  the  provisions  of  this  act  shall 
be  absolutely  void  and  of  no  effect. 

Conflicting  acts  repealed. 

Sec.  3.  All  acts  or  parts  of  acts  in  conflict  with  this  act  are  hereby 
repealed. 

Sec.  4.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

Sale  of  street-railroad  franchises.  Compare,  in  connection  with  this  act,  the  act 
of  Stals.  1901,  p.  265,  which  became  a  law,  under  constitutional  provision,  with- 
out governor's  approval,  March  11,  1901.  See  also  the  decision  in  Hortou  t.  City 
of  Los  Angeles,  119  Cal.  602. 


1932  APPENDIX. 

An  Act  requiring  city,  city  and  county,  or  town  aibtJiorities  to  exact  and 
require  from  persons  or  corporations  seeking  permission  and  authority 
to  lay  railroad  tracks  through  streets  or  public  highways  of  any  incor- 
porated city,  city  and  county,  or  town,  a  satisfactory  promise  and  under- 
taking to  permit  and  allow  mail-carriers  in  the  employ  of  the  United 
States  government  at  all  times,  while  engaged  in  the  actual  discharge 
of  duty,  to  ride  on  the  cars  of  such  railroad  without  paying  fare;  and 
to  make  such  promise  and  undertaking  a  condition  precedent  to  the 
granting  of  such  permission  and  authority  by  such  governing  board, 
[Approved  February  27,  1893;   Stats.  1893,  p.  44.] 

Mail-carriers,  permitted  to  ride  free  on  railroads. 

Section  1.  In  all  cases  hereafter,  where  application  is  made  to  the 
city,  city  and  county,  or  town  authorities,  or  to  the  trustees,  council, 
or  other  body  to  whom  is  intrusted  the  government  of  the  city,  city 
and  county,  or  town,  for  permission  and  authority  to  lay  railroad  tracks 
through  streets  or  public  highways  of  any  incorporated  city,  city  and 
county,  or  town,  such  authorities,  before  granting  such  permission  and 
authority,  in  addition  to  the  terms  and  restrictions  which  they  are  now, 
by  law,  authorized  to  impose,  must  exact  and  require  from  the  persons 
or  corporation  asking  or  seeking  such  permission  and  authority,  a  satis- 
factory promise  and  undertaking  to  permit  and  allow  mail-carriers  in 
the  employ  of  the  United  States  government,  at  all  times,  while  en- 
gaged in  the  actual  discharge  of  duty,  to  ride  on  the  cars  of  such  rail- 
road without  paying  any  sum  of  money  whatever  for  fare  or  other- 
wise. And  such  governing  body  of  city,  city  and  county,  or  town 
authorities  must  make  such  promise  and  undertaking  on  the  part  of 
such  persons  or  corporations  a  condition  precedent  to  the  granting  of 
such  permission  and  authority  to  lay  railroad  tracks  through  streets  or 
public  highway's  of  such  city,  city  and  county,  or  town;  provided,  that 
all  such  permissions  and  franchises  shall  be  subject  to  all  other  provis- 
ions of  the  laws  of  this  state  applicable  to  street-railroads  in  general, 
and  subject  to  regulations  from  city,  city  and  county,  and  town  authori- 
ties. 

Sec.  2.  This  act  shall  take  effect  and  be  in  full  force  from  and  after 
ita  passage. 


TRADE-MARKS.  193J 


TRADE-MARKS. 

An  Act  to  protect  the  owners  of  hottles,  boxes,  siphons,  and  Tcegs  used  in 
the  sale  of  soda-ivaters,  mineral  or  aerated  waters,  porter,  ale,  cider, 
ginger-ale,  milk,  cream,  small  beer,  lager-beer,  weiss  beer,  beer,  white 
beer,  or  other  beverages. 

[1.  Approved  March  31,   1891;    Stats.   1891,  p.  217.     2.  Amended  March  5,   1903; 
Stats.    1903,   p.    83.] 

§  1.  Description    to    be    filed    with    county    clerk. 

§  2.  Unlawful    acts. 

§  3.  Use   presumptively   unlawful. 

S  4.  Issue  of  search-warrants.     Punishment. 

§  5.  Deposit  not  to  bo  deemed  a  sale. 

§  6.  Refiling  of  marks  not  required. 

Description  to  be  filed  with  county  clerk. 

Section  1.  Any  and  all  persons  engaged  in  mannfacturing,  bottling, 
or  selling  soda-waters,  mineral  or  aerated  waters,  porter,  ale,  beer, 
cider,  ginger-ale,  milk,  cream,  small  beer,  lager-beer,  weiss  beer,  white 
beer,  or  other  beverages  in  bottles,  siphons,  or  kegs,  with  his,  her,  its, 
or  their  name  or  names,  or  other  marks  or  devices  branded,  stamped, 
engraved,  etched,  and  blown,  impressed,  or  otherwise  produced  upon  such 
bottles,  siphons,  or  kegs,  or  the  boxes  used  by  him,  her,  it,  or  them, 
may  file,  in  the  office  of  the  clerk  of  the  county  in  which  his,  her,  its, 
or  their  principal  place  of  business  is  situated,  and  also  in  the  office  of 
the  secretary  of  state,  a  description  of  the  name  or  names,  marks  or 
devices,  so  used  by  him,  her,  it,  or  them,  respectively,  and  cause  such 
description  to  be  printed  once  in  each  week  for  three  weeks  succes- 
sively, in  a  newspaper  published  in  the  county  in  which  said  notice 
may  have  been  filed  as  aforesaid. 

Unlawful  acts. 

Sec.  2.  It  is  hereby  declared  to  be  unlawful  for  any  person  or  per- 
sons, corporation  or  corporations,  to  fill  with  soda-waters,  mineral  or 
aerated  waters,  porter,  ale,  cider,  ginger-ale,  milk,  cream,  beer,  small 
beer,  lager-beer,  weiss  beer,  white  beer,  or  other  beverages,  or  with 
medicine,  compounds,  or  mixtures,  any  bottle,  box,  siphon,  or  keg,  so 
marked  or  distinguished,  as  aforesaid,  with  or  by  any  name,  mark,  or  de- 
vice of  which  a  description  shall  have  been  filed  and  published,  as  pro- 
vided in  section  one  of  this  act,  or  deface,  erase,  obliterate,  cover  up,  or 
otherwise  remove  or  conceal  any  such  name,  mark,  or  device  thereon, 
or  to  sell,  buy,  give,  take,  or  otherwise  dispose  of  or  traffic  in  the 
same,  without  the  written  consent  of,  or  unless  the  same  shall  have  been 
purchased  from  the  person  or  persons,  corporation  or  corporations,  whose 
mark  or  device  shall  be  or  shall  have  been  in  or  upon  the  bottle,  box, 
siphon,  or  keg  so  filled,  trafficked  in,  used,  or  handled  as  aforesaid.  Any 
person  or  persons  or  corporation  offending  against  the  provisions  of  this 


1934  APPENDIX. 

section  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be  punished 
for  the  first  offense  by  imprisonment  not  less  than  ten  days  nor  more 
than  six  months,  or  by  a  fine  of  fifty  cents  for  each  and  every  such 
bottle,  box,  siphon,  or  keg  so  filled,  sold,  used,  disposed  of,  bought,  or 
traflicked  in,  or  by  both  such  fine  and  imprisonment;  and  for  each 
subsequent  offense  by  imprisonment  not  less  than  twenty  days  nor  more 
than  one  year,  or  by  a  fine  of  not  less  than  one  dollar  nor  more  than 
five  dollars,  for  each  and  every  bottle,  box,  siphon,  and  keg  so  filled, 
sold,  used,  disposed  of,  bought,  or  traflHcked  in,  or  by  both  such  fine 
and  imprisonment,  in  the  discretion  of  the  magistrate  before  whom  the 
offense  shall  be  tried. 

Use  presumptively  unlawful. 

Sec.  3.  The  use  by  any  person  other  than  the  person  or  persons, 
corporation  or  corporations,  whose  device,  name,  or  mark  shall  be  or 
shall  have  been  upon  the  same,  without  such  written  consent  or  pur- 
chase, as  aforesaid,  of  any  such  mark  or  distinguished  bottle,  box, 
siphon,  or  keg,  a  description  of  the  name,  mark,  or  device  whereon  shall 
have  been  filed  and  published,  as  herein  provided,  for  the  sale  therein 
of  soda-waters,  mineral  or  aerated  waters,  porter,  ale,  cider,  ginger-ale, 
milk,  cream,  beer,  small  beer,  lager-beer,  weiss  beer,  white  beer,  or 
other  beverages,  _or  any  article  of  merchandise,  medicines,  compounds, 
or  preparations,  or  for  the  furnishing  of  such  or  similar  beverages  to 
customers,  or  the  buying,  selling,  using,  disposing  of,  or  trafficking  in 
of  any  such  bottles,  boxes,  siphons,  or  kegs,  by  any  person  other  than 
said  persons  or  corporations  having  a  name,  mark,  or  device  thereon, 
or  such  owner,  without  such  written  consent,  or  the  having  by  any 
junk  dealer,  or  dealer  in  second-hand  articles,  possession  of  any  such 
bottles,  boxes,  siphons,  or  kegs,  a  description  of  the  marks,  names,  or 
devices  wherein  shall  have  been  so  filed  and  published  as  aforesaid, 
without  such  written  consent,  shall  and  is  hereby  declared  to  be  pre- 
sumptive evidence  of  the  said  unlawful  use,  purchase,  or  traffic  in  of 
such  bottles,  boxes,  siphons,  or  kegs. 

Issue  of  search-warrants.     Punishment. 

Sec.  4.  Whenever  any  person,  persons,  or  corporations,  mentioned  in 
section  one  of  this  act,  or  his,  her,  it,  [its,]  or  their  agent,  shall  make 
oath  before  any  magistrate  that  he,  she,  or  it  has  reason  to  believe, 
and  does  believe,  that  any  of  his,  her,  or  their  bottles,  boxes,  siphons, 
or  kegs,  a  description  of  the  names,  marks,  or  devices  whereon  has  been 
so  filed  and  published,  as  aforesaid,  are  being  unlawfully  used  or  filled, 
or  had  by  any  person  or  corporation  manufacturing  or  selling  soda, 
mineral,  or  aerated  waters,  porter,  ale,  cider,  giugcr-ale,  milk,  cream, 
small  beer,  lager-beer,  weiss  beer,  white  beer,  and  other  beverages,  or 
that  any  junk  dealer,  or  dealer  in  second-hand  articles,  vender  of  bot- 
tles, or  any  other  person  or  corporation,  has  any  such  bottles,  boxes, 
siphons,  or  kegs,  in  his,  her,  or  its  possession,  or  secreted  in  any  place, 
the  said  magistrate  must  thereupon  issue  a  search-warrant  to  discover 
and  obtain  the  same,  and  may  also  cause  to  be  brought  before  him  the 


TRADE-MARKS.  1935 

person  in  whose  possession  such  bottles,  boxes,  siphons,  or  Ttegs  may  be 
found,  and  then  inquire  into  the  circumstances  of  such  possession;  and 
if  said  magistrate  finds  that  such  person  has  been  guilty  of  a  violation 
of  section  two  of  this  act,  he  must  impose  the  punishment  therein  pre- 
scribed, and  he  shall  also  award  possession  of  the  property  taken  upon 
such  search-warrant  to  the  owner  thereof. 

Deposit  not  to  be  deemed  a  sale. 

Sec.  5.  The  requiring,  taking  or  accepting  of  any  deposit  for  any  pur- 
pose, upon  any  bottle,  box,  siphon,  or  keg  shall  not  be  deemed  or  consti- 
tute a  sale  of  such  property,  either  optional  or  otherwise,  in  any  pro- 
ceeding under  this  act.  [Amendment,  Approved  March  5,  1903;  Stats. 
1903,  p.  83.] 

Refiling  of  marks  not  required. 

Sec.  6.  Any  person  or  persons,  corporation  or  corporations,  that  has 
or  have  heretofore  filed  in  the  offices  mentioned  in  section  one  of  this 
act,  a  description  of  the  name  or  names,  marks,  or  devices,  upon  his,  her, 
their,  or  its  property  therein  mentioned,  and  has  caused  the  same  to  be 
published  according  to  the  laws  existing  at  the  time  of  such  filing  and 
publication  shall  not  be  required  to  again  file  and  publish  such  descrip- 
tion to  be  entitled  to  the  benefits  of  this  act;  and  any  person  or  persons, 
corporation  or  corporations,  having  complied  with  the  provisions  of  this 
act  may  as  a  part  of  the  sale,  assignment  or  transfer  of  all  his,  her, 
their  or  its  said  bottles,  boxes,  siphons,  or  kegs,  used  as  aforesaid,  with 
his,  her,  their  or  its  name  or  names  or  other  marks  or  devices,  branded, 
stamped,  engraved,  etched,  and  blown,  impressed  or  otherwise  produced 
upon  such  bottles,  boxes,  siphons  and  kegs,  to  any  other  person  or  per- 
sons, corporation  or  corporations,  engaged  in  manufacturing,  bottling,  or 
selling  soda-waters,  mineral  or  aerated  waters,  porter,  ale,  beer,  cider, 
giuger-ale,  milk,  cream,  small  beer,  lager-beer,  weiss  beer,  white  beer 
or  other  beverages,  sell,  assign,  and  transfer  the  sole  and  exclusive  right 
of  using  said  name  or  names,  marks  and  devices  in  said  business.  And 
in  the  event  of  such  sale,  transfer  or  assignment  as  aforesaid,  or  in  the 
event  of  the  transfer  by  operation  of  law  or  by  sale  under  order  of  any 
court  of  the  entire  business  of  such  person  or  persons,  corporation  or 
corporations,  or  of  the  entire  stock  of  bottles,  boxes,  siphons  or  kegs 
belonging  to  them,  him,  her  or  it,  to  any  person  or  persons,  corporation 
or  corporations,  engaged  in  manufacturing,  bottling  or  selling  soda- 
waters,  mineral  or  aerated  waters,  porter,  ale,  beer,  cider,  ginger-ale, 
milk[,]  cream,  small  beer,  lager-beer,  weiss  beer,  white  beer  or  other 
beverages,  such  person  or  persons,  corporation  or  corporations,  shall  not 
be  again  required  to  file  and  publish  a  description  of  said  name  or 
names,  marks  or  devices,  hereunder,  but  shall  be  entitled  to  all  the 
benefits  of  this  act  immediately  upon  acquiring  such  bottles,  boxes,  si- 
;)hons  or  kegs  or  such  business  as  aforesaid.  [Amendment.  Approved 
March  5,  1903;  Stats.  1903,  p.  83.] 

See.  7.  All  acts  and  parts  of  acts,  inconsistent  herewith  are  for  the 
purpose  of  this  act,  hereby  repealed. 


1936,  APPENDIX. 


WATER  COMPANIES. 

Irrigation:  See  General  Laws,  tit.  "Irrigation." 
An  Act  to  regulate  and  control  the  sale,  rental,  and  distribution  of  appro- 
priated water  in  this  state,  other  than  in  any  city,  city  and  county,  or 
town  therein,  and  to  secure  the  rights  of  way  for  the  conveyance  of  such 
water  to  the  places  of  use. 
[1.  Approved   March    12,   1885;    Stats.    1885,   p.   95.     2.  Amended   March   2,    1897; 
Stats.  1897,  p.  49.      3.  Amended  February  28,  1901;   Stats.  1901,  p.  80.1 


1.      Use  of  appropriated  public  water. 


§  2, 
§  3, 
§  4, 
§  5, 
§  6 
§  7, 
§  8, 
§  9 
§  10 
§11, 


Supervisors  may  fix  rates. 

Petition  for  fixing  rates. 

Hearing  of  petition.     Value  of  water-worka. 

Rules  to  be  observed  in  fixing  rates. 

Changing  rates. 

Record  of  rates  to  be  published. 

Water  to  be  furnished  at  rates  fixed. 

Penalty  for  excessive  charges. 

To   sell   to    all   persons. 

Condemning   land  for  right   of   way. 


§  llj.   Contracts  in  existence,  how  affected. 

Use  of  appropriated  pulilic  water. 

Section  1.  The  use  of  all  water  now  appropriated,  or  tliat  may  here- 
after be  appropriated,  for  irrigation,  sale,  rental,  or  distribution,  is  a 
public  use,  and  the  right  to  collect  rates  or  compensation  for  use  of  such 
water  is  a  franchise,  and  except  when  so  furnished  to  any  city,  city 
and  county,  or  town,  or  the  inhabitants  thereof,  shall  be  regulated  and 
controlled  in  the  counties  of  this  state  by  the  several  boards  of  super- 
visors thereof,  in  the  manner  prescribed  in  this  act. 

Supervisors  may  fix  rates. 

Sec.  2.  The  several  boards  of  supervisors  of  this  state,  on  petition 
and  notice  as  provided  in  section  three  of  this  act,  are  hereby  authorized 
and  required  to  fix  and  regulate  the  maximum  rates  at  which  any  person, 
company,  association,  or  corporation,  having  or  to  have  appropriated 
water  for  sale,  rental,  or  distribution,  in  each  of  such  counties,  may  and 
shall  sell,  rent,  or  distribute  the  same. 

Petition  for  fixing  rates. 

Sec.  3.  Whenever  a  petition  of  not  less  than  twenty-five  inhabitants, 
who  are  taxpayers  of  any  county  of  this  state,  shall,  in  writing,  petition 
the  board  of  supervisors  thereof,  to  be  filed  with  the  clerk  of  said 
board,  to  regulate  and  control  the  rates  and  compensation  to  be  col- 
lected by  any  person,  company,  association,  or  corporation,  for  the  sale, 
rental,  or  distribution  of  any  appropriated  water,  to  any  of  the  inhabi- 
tants  of   such   county,   and   shall   in   such   petition   specify   the    persons, 


WATER  COMPANIES.  1937 

companies,  associations,  or  corporations,   or  any  one  or  more  of  them, 

whose  water  rates  are  therein  petitioned  to  be  regulated  or  controlled, 
the  clerk  of  such  board  shall  immediately  cause  such  petition,  together 
with  a  notice  of  the  time  and  place  of  hearing  thereof,  to  be  published 
in  one  or  more  newspapers  published  in  such  county;  and  if  no  news- 
paper be  published  therein,  then  shall  cause  copies  of  such  petition  and 
notice  to  be  posted  in  not  less  than  three  public  places  in  such  counties, 
and  such  publication  and  notice  shall  be  for  not  less  than  four  weeks 
next  before  the  hearing  of  said  petition  by  said  board;  such  notice  to 
be  attached  to  said  petition  shall  specify  a  day  of  the  next  regular 
term  of  the  session  of  the  said  board,  not  less  than  thirty  days  after  the 
first  publication  or  posting  thereof,  for  the  hearing  of  said  petition, 
which  shall  impart  notice  to  all  such  persons,  companies,  associations,  and 
corporations,  mentioned  in  such  petition,  and  all  persons  interested  iu 
the  matters  of  such  petition  and  notice.  Such  board  may  also  cause 
citations  to  issue  to  any  person  or  persons  within  such  county,  to  attend 
and  give  evidence  at  the  hearing  of  such  petition,  and  may  compel  such 
attendance  by  attachment. 

Hearing  of  petition.    Value  of  water-works. 

Sec.  4.  At  the  hearing  of  said  petition  the  board  of  supervisors  shall 
estimate,  as  near  as  may  be,  the  value  of  the  canals,  ditches,  flumes, 
water-chutes,  and  all  other  property  actually  used  and  useful  to  the 
appropriation  and  furnishing  of  such  water,  belonging  to  and  possessed 
by  each  person,  association,  company,  or  corporation,  whose  franchise 
shall  be  so  regulated  and  controlled;  and  shall  in  like  manner  estimate 
as  to  each  of  such  persons,  companies,  associations,  and  corporations, 
their  annual  reasonable  expenses,  including  the  cost  of  repairs,  manage- 
ment, and  operating  such  works;  and,  for  the  purpose  of  such  ascertain- 
ment, may  require  the  attendance  of  persons  to  give  evidence,  and  the 
production  of  papers,  books,  and  accounts,  and  may  compel  the  attend- 
ance of  such  persons  and  the  production  of  papers,  books,  and  accounts, 
by  attachments,  if  within  their  respective  counties. 

Rules  to  be  observed  in  fixing  rates. 

Sec.  5.  In  the  regulation  and  control  of  such  water  rates  for  each  of 
such  persons,  companies,  associations,  and  corporations,  such  board  of 
supervisors  may  establish  different  rates  at  which  water  may  and  shall 
be  sold,  rented,  or  distributed,  as  the  case  may  be;  and  may  also  estab- 
lish different  rates  and  compensation  for  such  water  so  to  be  furnished 
for  the  several  different  uses,  such  as  mining,  irrigating,  mechanical, 
manufacturing,  and  domestic,  for  which  such  water  shall  be  supplied  to 
such  inhabitants,  but  such  rates  as  to  each  class  shall  be  equal  and 
uniform.  Said  board  of  supervisors,  in  fixing  such  rates,  shall,  as  near 
as  may  be,  so  adjust  them  that  the  net  annual  receipts  and  profits  thereof 
to  the  said  persons,  companies,  associations,  and  corporations  so  furnish- 
ing such  water  to  such  inhabitants  shall  be  not  less  than  six  nor  more 
than  eighteen  per  cent  upon  the  said  value  of  the  canals,  ditches, 
flumes,  chutes,  and  all  other  property  actually  used  and  useful  to  the 
Gen.  Laws — 117 


1938  APPENDIX. 

appropriation  and  furnisliing  of  such  water  of  eacli  of  sncli  persons, 
companies,  associations,  and  corporations;  but  in  estimating  such  net 
receipts  and  profits,  the  cost  of  any  extensions,  enlargements,  or  other 
permanent  improvements  of  such  water  rights  or  water-works  shall  not 
be  included  as  part  of  the  said  expenses  of  management,  repairs,  and 
operating  of  such  works,  but  when  accomplished,  may  and  shall  be  in- 
cluded in  the  present  cost  and  cash  value  of  such  work.  In  fixing  said 
rates,  within  the  limits  aforesaid,  at  which  water  shall  be  so  furnished 
as  to  each  of  such  persons,  companies,  associations,  and  corporations, 
each  of  said  board  of  supervisors  may  likewise  take  into  estimation  any 
and  all  other  facts,  circumstances,  and  conditions  pertinent  thereto,  to 
the  end  and  purpose  that  said  rates  shall  be  equal,  reasonable  and  just, 
both  to  such  persons,  companies,  associations,  and  corporations,  and  to 
said  inhabitants;  and  each  such  board  of  supervisors  shall  designate 
what  proportion  of  the  rates  so  fixed  shall  be  for  the  said  annual 
reasonable  expenses  of  each  of  such  persons,  companies,  associations  or 
corporations,  and  what  proportion  of  the  rates  so  fixed  shall  be  for  the 
said  net  annual  receipts  and  profits  to  such  persons,  companies,  associa- 
tions or  corporations.  The  said  rates,  when  so  fixed  by  such  board,  shall 
be  binding  and  conclusive  for  not  less  than  one  year  next  after  their 
establishment,  and  until  established  anew  or  abrogated  by  such  board 
of  supervisors,  as  hereinafter  provided.  And  until  such  rates  shall  be 
so  established  or  after  they  shall  have  been  abrogated  by  such  board  of 
supervisors,  as  in  this  act  provided,  the  actual  rates  established  and 
collected  by  each  of  the  persons,  companies,  associations,  and  corpora- 
tions now  furnishing,  or  that  shall  hereafter  furnish,  appropriated  waters 
for  sale,  rental,  or  distribution  to  the  inhabitants  of  any  of  the  counties 
of  this  state,  shall  be  deemed  and  accepted  as  the  legally  established 
rates  thereof.  [Amendment.  Approved  February  28,  1901j  Stats.  1901, 
p.  80.] 

Changing  rates. 

See.  6.  At  any  time  after  the  establishment  of  such  water  rates  by 
any  board  of  supervisors  of  this  state,  the  same  may  be  established  anew, 
or  abrogated  in  whole  or  in  part  by  such  board,  to  take  effect  not  less 
than  one  year  next  after  such  first  establishment,  but  subject  to  said 
limitation  of  one  year,  to  take  effect  immediately  in  the  following  man- 
ner: Upon  the  written  petition  of  inhabitants  as  hereinbefore  provided, 
or  upon  the  written  petition  of  any  of  the  persons,  companies,  associa- 
tions, or  corporations,  the  rates  and  compensations  of  whose  appropriated 
waters  have  already  been  fixed  and  regulated,  and  are  still  subject  to 
such  regulation  by  any  board  of  supervisors  of  this  state,  as  in  this  act 
provided;  and  upon  the  like  publication  or  posting  of  such  petition  and 
notice,  and  for  the  like  period  of  time  as  hereinbefore  provided,  such 
board  of  supervisors  shall  proceed  anew,  in  the  manner  hereinbefore  pro- 
vided, to  fix  and  establish  the  water  rates  for  such  person,  company, 
association,  or  corporation,  or  any  number  of  them,  in  llio  same  manner 
as  if  such  rates  had  not  been  previously  established,  and  may,  upon  the 


WATER  COMPANIES.  1939 

petition  of  such  inhabitants,  but  not  otherwise,  abrogate  any  and  all 
existing  rates  theretofore  established  by  such  board.  All  water  rates, 
when  fixed  and  established  as  herein  provided,  shall  be  in  force  and 
effect  until  established  anew  or  abrogated,  as  provided  in  this  act. 

Record  of  rates  to  be  published. 

Sec.  7.  Each  board  of  supervisors  of  this  state,  when  fixing  and  estab- 
lishing, or  fixing  and  establishing  anew,  or  abolishing  any  previously 
established  water  rates,  as  hereinbefore  provided,  shall  cause  a  record  to 
be  made  thereof  in  the  records  of  such  board,  and  cause  the  same  to  be 
published  or  posted  in  the  manner  and  for  the  time  required  for  the 
publication  or  posting  of  said  petitions  and  notices. 

Water  to  be  furnished  at  rates  fixed. 

Sec.  8.  Any  and  all  persons,  companies,  associations,  or  corporations, 
furnishing  for  sale,  rental,  or  distribution,  any  appropriated  waters  to 
the  inhabitants  of  any  county  or  counties  of  this  state  (other  than  to 
the  inhabitants  of  any  city,  city  and  county,  or  town,  therein),  shall  so 
sell,  rent,  or  distribute  such  waters  at  rates  not  exceeding  the  estab- 
lished rates  fixed  and  regulated  therefor  by  the  boards  of  supervisors  of 
such  counties,  or  as  fixed  and  established  by  such  person,  company, 
association,  or  corporation,  as  provided  in  this  act. 

Penalty  for  excessive  charges. 

Sec.  9.  If  any  person,  company,  association,  or  corporation,  whose 
water  rates  for  any  county  of  this  state  have  been  fixed  and  regulated 
by  a  board  of  supervisors,  as  in  this  act  provided,  and  while  such  rates 
are  in  force,  shall  collect  for  any  appropriated  water  furnished  to  any 
inhabitant  of  such  county  water  rates  in  excess  of  such  established  rates, 
shall  be  liable,  in  an  action  by  any  such  inhabitant  so  aggrieved,  to  a 
recovery  of  the  whole  rate  so  collected,  together  with  actual  damages 
sustained  by  such  inhabitant,  with  costs  of  suit. 

To  sell  to  all  persons. 

Sec.  10.  Every  person,  company,  association,  and  corporation,  having 
in  any  county  in  the  state  (other  than  in  any  city,  city  and  county,  or 
town,  therein)  appropriated  waters  for  sale,  rental,  or  distribution,  to 
the  inhabitants  of  such  county,  upon  demand  therefor,  and  tender  in 
money,  of  such  established  water  rates,  shall  be  obliged  to  sell,  rent,  or 
distribute  such  water  to  such  inhabitants  at  the  established  rates  regu- 
lated and  fixed  therefor,  as  in  this  act  provided,  whether  so  fixed  by  the 
board  of  supervisors  or  otherwise,  to  the  extent  of  the  actual  supply  of 
such  appropriated  waters  of  such  person,  company,  association,  or  cor- 
poration, for  such  purposes.  If  any  person,  company,  association,  or  cor- 
poration, having  water  for  such  use,  shall  refuse  compliance  with  such 
demand,  or  shall  neglect,  for  the  period  of  five  days  after  such  demand, 
to  comply  therewith  to  the  extent  of  his  or  its  reasonable  ability  so  to 
do,  shall  be  liable  in  damages  to  the  extent  of  the  actual  injury  sus- 


1940  APPENDIX. 

tained  by  the  person  or  party   making  such  demand  and   tender,  to  be 
recovered,  with  costs. 

Condemning  land  for  right  of  way. 

Sec.  11.  Whenever  any  person,  company,  association,  or  corporation, 
shall  have  acquired  the  right  to  appropriated  water,  or  shall  have  ac- 
quired the  right  to  appropriate  such  water  in  this  state,  such  person, 
company,  association,  or  corporation,  may  proceed  to  condemn  the  lands 
and  premises  necessary  to  such  right  of  way,  under  the  provisions  of 
title  seven,  of  part  third,  of  the  Code  of  Civil  Procedure  of  this  state, 
and  amendments  made  and  to  be  made  thereto,  and  all  the  provisions  of 
said  code,  so  far  as  the  same  can  be  made  applicable,  relating  to  the 
condemnation  and  taking  of  property  for  public  uses,  shall  be  applicable 
to  the  provisions  of  this  act. 

Contracts  in  existence,  how  affected. 

Sec.  11V2-  Nothing  in  this  act  contained  shall  be  construed  to  pro- 
hibit or  invalidate  any  contract  already  made,  or  which  shall  hereafter 
be  made,  by  or  with  any  of  the  persons,  companies,  associations,  or  cor- 
porations described  in  section  two  of  this  act,  relating  to  the  sale, 
rental,  or  distribution  of  water,  or  to  the  sale  or  rental  of  easements 
and  servitudes  of  the  right  to  the  flow  and  use  of  water;  nor  to  prohibit 
or  interfere  with  the  vesting  of  rights  under  anv  such  contract.  [New 
section.     Added  March  2,  1897;  Stats.  1897,  p.  49.] 

Sec.  12.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 


APPENDIX— SUBJECTS  OF  CODE  OF  CIVIL 
P£0(EDUEE. 

(1941) 


APPENDIX— SUBJECTS  OF  CODE  OE  CIVIL 
PROCEDURE. 

BURNT  OE  DESTROYED  RECORDS  OR  DOCUI\IENTS. 

An  Act  to  provide  for  the  establishment  and  quieting  of  title  to  real  prop- 
erty in  case  of  the  loss  or  destruction  of  piiblic  records. 

[1.   Approved  June  16,  1906;  Stats.  1906,  p.  78.      2.   Amended  March  6,   1909;   Stnta. 
1909,  p.  163.] 

§     1.  Establishment  and  quieting  of  title  to  real  property  when  public  records  are 

lost. 

§     2.  Action  commenced  how. 

§     3.  Filing  of  complaint  and  issue  of  summons. 

§     4.  Publication  of  summons. 

§     5.  Affidavit. 

§     6.  Service  of  summons.     On  resident  of  this  state.     On  nonresident. 

§     7.  Jurisdiction  of  court. 

§     8.  Answer  to  complaint. 

§     9.  Record  of  pendency  of  action. 

§  10.  Judgment  not  to  be  given  by  default. 

§  11.  Judgment. 

§  12.  Rules  of  practice. 

§  13.  Numbering  and  indexing  of  actions. 

§  14.  Judgment  entered  prevents  further  action,  except. 

§  15.  Executor,  etc.,  may  maintain  action. 

§  16.  County  includes  what. 

§  17.  Remedies  deemed  cumulative. 

§  18.  Actions  to  be  commenced  when. 

Establishment  and  quieting  of  title  to  real  property  when  puhlic  records 

are  lost. 

Section  1.  Whenever  the  public  records  in  the  office  of  a  county- 
recorder  have  been,  or  shall  hereafter  be,  lost  or  destroyed,  in  whole  or 
in  any  material  part,  by  flood,  fire  or  earthquake,  any  person  who  claims 
an  estate  of  inheritance,  or  for  life  in,  and  who  is  by  himself  or  his 
tenant,  or  other  person,  holding  under  him,  in  the  actual  and  peaceable 
possession  of  any  real  property  in  such  county,  may  bring  and  maintain 
an  action  in  rem  against  all  the  world,  in  the  superior  court  for  the 
county  in  which  such  real  property  is  situate,  to  establish  his  title  to 
such  property  and  to  determine  all  adverse  claims  thereto.  Any  number 
of  separate  parcels  of  land  claimed  by  the  plaintiff  may  be  included  in 
the  same  action. 

Action  commenced  how. 

Sec.  2.     The  action  shall  be  commenced  by  the  filing  of  a  verified  com- 
plaint, in   which   the   party   so   commencing   the   same  shall   be   named   as 
plaintiff,  and  the   defendants  shall  be  described  as  "all  persons  claiming 
any  interest  in,  or  lien  upon  the  real  property  herein  described,  or  any 
(1943) 


1944  APPENDIX. 

part  thereof,"  and  sliall  contain  a  statement  of  the  facts  enumerated 
in  section  one  of  this  act,  a  particular  description  of  such  real  property, 
and  a  specification  of  the  estate,  title,  or  interest  of  the  plaintiff  therein. 

Filing  of  complaint  and  issue  of  summons. 

Sec.  3.  Upon  the  filing  of  the  complaint,  a  summons  must  be  issued 
under  the  seal  of  the  court,  which  shall  contain  the  name  of  the  court 
and  county  in  which  the  action  is  brought,  the  name  of  the  plaintiff  and 
a  particular  description  of  the  real  property  involved,  aud  shall  be 
directed  to  "all  persons  claiming  any  interest  in,  or  lien  upon  the  real 
property  herein  described,  or  any  part  thereof,"  as  defendants,  and  shall 
be  substantially  in  the  following  form: 

"In  the  Superior  Court  of  the  State  of  California  in  and  for  the  County 
(or  city  and  county)   of  ." 


Plaintiff, 
VS. 

All  Persons  Claiming  Any  Interest  in,  or  Lien  upon,   r 
the   Eeal   Property   herein   Described   or   Any   Part 


Action  No. 


thereof. 

Defendants. 


The  People   of  the   State   of   California,   to   All   Persons   Claiming   Any 

Interest  in,  or  Lien  upon,  the  Eeal  Property  Herein  Described  or  Any 

Part  thereof.  Defendants,  Greeting: 

You  are  hereby  required  to  appear  and  answer  tlie  complaint  of  , 

plaintiff,  filed  with  the  clerk  of  the  above-entitled  court  and  county, 
within  three  months  after  the  first  publication  of  this  summons,  and  to 
set  forth  what  interest  or  lien,  if  any,  you  have  in  or  upon  that  certain 
real  property  or  any  part  thereof,   situated  in  the  county   (or  city  and 

county)    of  ,  state  of  California,  particularly  described  as  follows: 

(here  insert  description.) 

And  you  are  hereby  notified  that,  unless  you  so  appear  and  answer, 
the  plaintiff  will  apply  to  the  court  for  the  relief  demanded  in  the  com- 
plaint, to  wit:    (here  insert  a  statement  of  the  relief  so  demanded.) 

Witness  my  hand  and  the  seal  of  said  court,  this  day  of  , 

A.  D.  . 

(Seal)  ,  Clerk." 

Publication  of  summons. 

Sec.  4.  The  summons  shall  be  published  in  a  newspaper  of  general 
circulation  published  in  the  county  in  which  the  action  is  brought.  The 
newspaper  in  which  such  publication  is  to  be  made  shall  be  designated 
by  an  order  of  the  court  or  a  judge  thereof  to  be  signed  and  filed  with 
the  clerk.  No  other  order  for  the  publication  of  the  summons  shall  be 
necessary,  nor  shall  any  affidavit  therefor  be  required,  nor  need  any  copy 
of  the  complaint  be  served,  except  as  hereinafter  required.  The  sum- 
mons shall  be  published  at  least  once  a  week  for  a  period  of  two  months, 


BURNT   OR   DESTROYED   RECORDS   OR   DOCUMENTS.  1945 

and  to  each  publication  thereof  shall  be  appended  a  memorandum  in 
substance  as  follows: 

"The  first  publication  of  this  summons  was  made  in  (here  insert 

name)   newspaper  on  the  day  of  ,  A.  D.  ,"   (inserting  the 

date), 

Aud  if  the  aflSdavit  provided  for  in  section  five  of  this  act  discloses 
the  name  of  any  person  claiming  an  interest  in  the  property,  or  a  lien 
thereon  adverse  to  the  plaintiff,  that  fact,  together  with  the  name  and 
address  (if  given)  of  said  person  shall  be  stated  in  a  memorandum  to  be 
appended  to  the  summons  in  substance  as  follows: 

"The  following  persons  are  said  to  claim  an  interest  in,  or  lien  upon 
said  property  adverse  to  plaintiff,"  (giving  their  names  and  addresses  as 
above  provided).  A  copy  of  the  summons,  together  with  a  copy  of  the 
foregoing  memoranda,  shall  be  posted  in  a  conspicuous  place  on  each 
separate  parcel  of  the  property  described  in  the  complaint  within  fifteen 
days  after  the  first  publication  of  the  summons. 

Affidavit. 

Sec.  5.  At  the  time  of  filing  the  complaint,  the  plaintiff  shall  file  with 
the  same  his  affidavit,  fully  and  explicitly  setting  forth  and  showing  (1) 
the  character  of  his  estate,  right,  title,  interest  or  claim  in,  and  pos- 
session of  the  property,  during  what  period  the  same  has  existed  and 
from  whom  obtained;  (2)  whether  or  not  he  has  ever  made  any  convey- 
ance of  the  property,  or  any  part  thereof,  or  any  interest  therein,  and  if 
so  when  and  to  whom;  also  a  statement  of  any  and  all  subsisting  mort- 
gages, deeds  of  trust,  and  other  liens  thereon;  (3)  that  he  docs  not  know 
and  has  never  been  informed  of  any  other  person  who  claims  or  who 
may  claim,  any  interest  in,  or  lien  upon,  the  property  or  any  part  thereof, 
adversely  to  him,  or,  if  he  does  know  or  has  been  informed  of  any  such 
person,  then  the  name  and  address  of  such  person.  If  the  plaintiff  is 
unable  to  state  any  one  or  more  of  the  matters  herein  required,  he  shall 
set  forth  and  show,  fully  and  explicitly,  the  reasons  for  such  inability. 
Such  affidavit  shall  constitute  a  part  of  the  judgment-roll.  If  the  plain- 
tiff be  a  corporation,  the  affidavit  shall  be  made  by  an  officer  thereof. 
If  the  plaintiff  be  a  person  under  guardianship  the  affidavit  shall  be  made 
by  his  guardian. 

Service  of  summons.     On  resident  of  this  state.     On  non-resident. 

Sec.  6.  If  the  said  affidavit  discloses  the  name  of  any  person  claiming 
any  interest  in,  or  lien  upon,  the  property  adverse  to  the  plaintiir,  the 
summons  shall  also  be  personally  served  upon  such  person  if  he  can  be 
found  within  the  state,  together  with  a  copy  of  the  complaint  and  a 
copy  of  said  affidavit  during  the  period  of  the  publication  of  the  sum- 
mons; and  to  the  copy  of  the  summons  delivered  to  any  such  person 
there  shall  be  appended  a  copy  of  the  memoranda  provided  for  in  section 
four  hereof. 

If  such  person  resides  out  of  this  state  a  copy  of  the  summons,  mem- 
oranda, complaint  and  affidavit  shall  be  within  fifteen  days  after  the 
first   publication   of   the   summons   deposited  in   the   United   States   post- 


194G  APPENDIX. 

office,  inclosed  in  a  sealed  envelope,  postage  prepaid,  addressed  to  such 
person  at  the  address  given  in  the  affidavit  or  if  no  address  be  given 
therein,  then  at  the  county  seat  at  the  county  in  which  the  action  is 
brought.  If  such  person  resides  within  this  state  and  could  not  with  due 
diligence  be  found  within  the  state,  within  the  period  of  the  publication 
of  the  summons,  then  said  copies  aforesaid  shall  be  mailed  to  him  as 
above  provided  forthwith  upon  the  expiration  of  said  period  of  pub- 
lication. 

Jurisdiction  of  court. 

Sec.  7.  Upon  the  completion  of  the  publication  and  posting  of  the 
summons  and  its  service  upon  and  mailing  to  the  persons,  if  any,  upon 
whom  it  is  hereby  directed  to  be  so  specially  served  the  court  shall  have 
full  and  complete  jurisdiction  over  the  plaintiff  and  the  said  property 
and  of  the  person  of  every  one  having  or  claiming  any  estate,  right,  title 
or  interest,  in  or  to,  or  lien  upon,  said  property,  or  any  part  thereof,  and 
shall  be  deemed  to  have  obtained  the  possession  and  control  of  said 
property  for  the  purposes  of  the  action,  and  shall  have  full  and  complete 
jurisdiction  to  render  the  judgment  therein  which  is  provided  for  in  this 
act. 

Answer  to  complaint. 

Sec.  8.  At  any  time  within  three  months  from  the  first  publication 
of  the  summons,  or  within  such  further  time,  not  exceeding  thirty  days 
as  the  court  may,  for  good  cause,  grant,  any  person  having  or  claiming 
any  estate,  right,  title  or  interest,  in  or  to,  or  lien  upon,  said  property 
or  any  part  thereof,  may  appear  and  make  himself  a  party  to  the  action 
by  pleading  to  the  complaint.  All  answers  must  be  verified  and  must 
specifically  set  forth  the  estate,  right,  title,  interest,  or  lien  so  claimed. 

Record  of  pendency  of  action. 

Sec.  9.  The  plaintiff  must,  at  the  time  of  filing  the  complaint,  and 
every  defendant  claiming  any  affirmative  relief  must,  at  the  time  of 
filing  his  answer,  record  in  the  office  of  the  recorder  of  the  county  in 
which  the  property  is  situated,  a  notice  of  the  pendency  of  the  action 
containing  the  object  of  the  action  or  defense,  and  a  particular  descrip- 
tion of  the  property  affected  thereby;  and  the  recorder  shall  record  the 
same  in  a  book  devoted  exclusively  to  the  recordation  of  such  notices  and 
shall  enter,  upon  a  map  or  plat  of  the  parcels  of  land,  to  be  kept  by 
him  for  that  purpose,  on  that  part  of  the  map  or  plat  representing  the 
parcel  or  parcels  so  described  a  reference  to  the  date  of  the  filing  of  such 
notice  and,  when  recorded,  to  the  book  and  page  of  the  record  thereof. 

Judgment  not  to  be  given  by  default. 

Sec.  10.  No  judgment  in  any  such  action  shall  be  given  by  default;  but 
the  court  must  require  proof  of  the  facts  a-lleged  in  the  complaint  and 
other  pleadings. 

Judgment. 

Sec.  11.  The  judgment  shall  ascertain  and  determine  all  estates, 
rights,   titles,   interests   and   claims   in   and   to    said   property   and   every 


BURNT   OR   DESTROYED    RECORDS   OR   DOCUMENTS.  1947 

part  thereof,  whether  the  same  be  legal  or  equitable,  present  or  future, 
vested  or  contingent,  or  whether  the  same  consist  of  mortgages  or  liens 
of  any  description  and  shall  be  binding  and  conclusive  upou  every  person 
who,  at  the  time  of  the  commencement  of  the  action,  had  or  claimed  any 
estate,  right,  title,  or  interest  in  or  to  said  property,  or  any  part  thereof, 
and  upon  every  person  claiming  under  him  by  title  subseijuent  to  the 
commencement  of  the  action.  A  certified  copy  of  the  judgment  in  such 
action  shall  be  recorded  in  the  office  of  the  recorder  of  the  county  in 
which  said  action  was  commenced,  and  any  party  or  the  successor  in 
interest  of  any  party  to  said  action  may,  at  his  option,  file  for  record  in 
the  office  of  the  recorder  of  such  county  the  entire  judgment-roll  in  said 
action. 

Rules  of  practice. 

Sec.  12.  Except  as  herein  otherwise  provided,  all  the  provisions  and 
rules  of  law  relating  to  evidence,  pleading,  practice,  new  trials  and' 
appeals  applicable  to  other  civil  actions  shall  apply  to  the  actions  hereby 
authorized.  At  any  time  after  the  issuance  of  the  summons,  any  party 
to  the  action  may  take  depositions  therein  in  conformity  to  law  upon 
notice  to  the  adverse  party  sought  to  be  bound  by  such  depositions  and 
who  have  appeared  in  the  action  (if  any)  and  upon  notice  filed  with  the 
clerk.  The  depositions  may  be  used  by  any  party  against  any  other 
party  giving  or  receiving  the  notice  (except  the  clerk)  subject  to  all 
just  exceptions. 

Numbering  and  Indexing  of  actions. 

Sec.  13.  The  clerk  shall  number  consecutively  in  a  distinct  scries  all 
actions  hereby  authorized  and  shall  keep  an  index  and  register  thereof 
devoted  exclusively  to  such  actions. 

Judgment  entered  prevents  further  action,  except. 

Sec.  14.  Whenever  judgment  in  an  action  hereby  authorized  shall 
have  been  entered  as  to  any  real  property,  no  other  action  relative  to 
the  same  property  or  any  part  thereof  maintained  under  this  act  shall 
be  tried  until  proof  shall  first  have  been  made  to  the  court  that  all 
persons  who  appeared  in  the  first  action  or  their  successors  in  interest 
have  been  personally  served  with  the  papers  mentioned  in  section  six  of 
this  act  either  within  or  without  this  state  more  than  one  month  before 
the  time  to  plead  expired. 

Executor,  etc.,  may  maintain  action. 

Sec.  15.  An  executor,  administrator  or  guardian  or  other  person  hold- 
ing the  possession  of  property  in  the  right  of  another,  may  maintain,  as 
plaintiff,  and  may  appear  and  defend  in  the  action  herein  provided  for. 

Comity  includes  what. 

Sec.  16.  The  word  "county"  whenever  used  in  this  act  includes  and 
applies  to  a  consolidated  city  and  county. 


1948  APPENDIX. 

Remedies  deemed  cumulative. 

Sec.  17.  The  remedies  provided  for  by  this  act  shall  be  deemed  cumu- 
lative, and  in  addition  to  any  other  remedy  now  or  hereafter  provided 
by  law  for  quieting  or  establishing  title  to  real  property. 

Actions  to  be  commenced  when. 

Sec.  18.  All  actions  authorized  hereby  must  be  commenced  before 
January  1,  1911.  [Amendment.  Approved  March  6,  1909;  Stats.  1909, 
p.  163.] 

Sec.  19.     This  act  shall  be  in  force  thirty  days  after  its  passage. 

Construction  and  constitutionality.  The  constitutionality  of  this  act  was  up- 
held in  Title  Document  and  Restoration  Company  v.  Kerrigan,  150  Cal.  289.  This 
case  was  followed  in  American  Land  Company  v.  Zeiss,  decided  by  United  States 
District  Judge  Van  Fleet  on  September  14,  1908.  This  latter  case  was  appealed 
to  the  United  States  circuit  court  of  appeals,  which  referred  the  question  of  the 
constitutionality  of  this  statute  to  the  United  States  supreme  court.  See  also 
Robinson  v.  Kerrigan,  151  Cal.  45;  Hoffman  v.  Superior  Court,  151  Cal.  388, 
390.  Actual  possession  is  necessary  under  the  act:  Lofstad  v.  Murasky,  152 
Cal.  64.  As  to  what  constitutes  such  actual  possession,  see  idem.  As  to  the 
form  and  sufficiency  of  the  aifidavit,  see  Hoffman  v.  Superior  Court,  151  Cal. 
386.  The  grantor  of  a  deed  of  trust  intended  as  security  for  a  loan  of  money 
may  maintain  an  action  under  this  act:  C.  A.  Warren  Co.  v.  All  Persons,  153 
Cal.  771. 


An  Act  supplementary  to  the  act  approved  June  16,  1906,  entitled  "An 
Act  to  provide  for  the  estailisliment  and  quieting  of  title  to  real  prop- 
erty in  case  of  the  loss  or  destruction  of  public  records,"  providing  for 
the  maTcing  and  recordation  of  notice  of  oivnership  or  claim  to  real 
property. 

[Approved  March  23,  1907;  Stats.  1907,  p.  950.] 

§  1.      Claim  of  title  to  real  property  when  records  are  lost. 

§  2.     Duty  of  recorder. 

§  3.     In  actions  relating  to  real  property,  claimants  in  notice  must  be  named. 

§  4.     Executor  may  record  notice. 

§  5.     Act  supplementary  to  act  of  1906. 

Claim  of  title  to  real  property  when  records  are  lost. 

Section  1.  In  any  case  where  the  title  to  real  property  might  be 
established  or  quieted  under  the  provisions  of  the  act  to  wliich  this  act 
is  supplementary,  any  person  or  corporation  who  is  or  claims  to  be  the 
owner  of  such  real  property  or  of  any  interest  therein  or  lien  thereon 
may,  by  himself  or  by  his  agent,  duly  authorized  by  letter  of  attorney 
theretofore  recorded  in  the  office  of  the  county  recorder  of  the  county  or 
city  and  county  where  such  property  is  situated,  sign,  verify  and"  file 
for  record  in  the  oflice  of  the  said  county  recorder  a  notice  in  substantially 
the  following  form,  to  wit: 

"Notice  of  ownership  and  claim  to  real  property  under  an  act  of  the 

legislature   of   the   state   of    California    approved  (here   insert   the 

date  of  the  passage  of  this  act)  ,  1907. 


BURNT   OR   DESTROYED   RECORDS   OB   DOCUMENTS.  1949 

"Notice  is  hereby  given  that (here  insert  name  of  claimant)  , 

whose  residence  is  at  (here  insert  street  and  number,  city  or  town, 

county  and  state  of  residence),  is  the  owner  of  an  interest  in  the  real 

property  situated  in  the  (here  insert  name  of  city  or  town  if  the 

property  be  located  in  a  city  or  town)  ,  county  of  (here  insert 

name  of  county  or  city  and  county  in  which  property  is  located)   , 

state   of   California,    described   as   follows,   to   wit:    (here   insert   a 

particular  description  of  real  property)  . 

''The   character   of   the   interest   in   said   real   property   owned   by   the 

claimant  is  (here  insert  description  of  the  character  of  interest  in 

or  lien  upon  the  real  property)  and  the  said  interest  was  obtained 

from  (here  insert  the  name  of  the  party  from  whom  said  interest 

was  obtained)  ,  and  at  the  time  and  in  the  manner  following  

(here  insert  time  at  which  and  manner  in  which  said  interest  was 
acquired)  ." 

Said  notice  shall  be  signed  by  the  claimant  or  by  his  agent,  as  here- 
inbefore provided,  and  shall  be  verified  by  the  oath  of  the  party  signing 
it,  to  the  effect  that  all  of  the  statements  therein  contained  are  true  to 
the  knowledge  of  said  party. 

Duty  of  recorder. 

Sec.  2.  Upon  the  filing  of  said  notice  for  recordation  the  said  recorder 
shall  forthwith  record  said  notice  in  a  book  devoted  exclusively  to  the 
recordation  of  such  notices,  and  shall  properly  index  the  same  with 
reference  to  the  name  of  the  claimant,  and  shall  enter  upon  a  map  or 
plat  of  the  parcels  of  land  in  the  county  (which  said  map  or  plat  shall 
be  kept  by  him  for  that  purpose  and  be  devoted  exclusively  thereto),  on 
that  part  of  the  map  or  plat  representing  the  parcel  or  parcels  described 
in  said  notice,  a  reference  to  the  date  of  the  filing  of  said  notice  for 
recordation,  and,  when  recorded,  to  the  book  and  page  of  the  record 
thereof.  From  and  after  three  days  after  the  filing  of  said  notice  for 
record,  all  persons  who  may  thereafter  begin  actions  under  the  provisions 
of  the  act  to  which  this  act  is  supplementary,  s-hall  be  deemed  to  have 
notice  of  the  facts  stated  in  said  notice,  but  neither  the  filing  of  said 
notice  for  record  nor  its  recordation  shall  be  deemed  to  give  constructive 
notice  to  any  other  person  or  for  any  other  purpose  than  as  herein  pre- 
scribed. The  original  of  said  notice  shall  remain  on  file  in  the  oifice  of 
said  county  recorder. 

In  actions  relating  to  real  property,  claimants  in  notice  must  be  named. 

Sec.  3.  Any  person  who,  from  and  after  three  days  after  the  date  of 
the  filing  of  such  notice  for  record,  shall  begin  any  action  relating  to  the 
real  property  described  in  such  notice,  to  perfect  or  establish  his  title 
thereto,  or  to  any  part  thereof,  or  any  interest  therein,  under  the  pro- 
visions of  the  act  to  which  this  act  is  supplementary,  must  name  the 
claimant  in  such  notice,  or  any  person  who  is  a  successor  in  interest  of 
such  claimant  under  a  subsequently  duly  recorded  written  instrument, 
judgment  or  decree,  as  a  party  said  to  claim  an  interest  in  or  lien  upon 
the  property  adverse  to  the  plaintiif  in  such  action  in  the  affidavit  and 
in  the  memorandum  appended  to  the  summons  provided  for  in  the  act 


1950  APPENDIX. 

to  which  this  act  is  supplementary,  and  must  cause  such  claimant,  or 
such  successor  in  interest  of  such  claimant,  by  virtue  of  a  subsequently 
duly  recorded  written  instrument,  judgment  or  decree,  to  be  duly  served 
with  sftmmons  in  such  action,  in  the  manner  provided  by  the  act  to 
which  this  act  is  supplementary,  otherwise  neither  the  said  action  nor 
any  judgment  or  decree  which  may  be  given  or  made  therein  shall  in 
any  wise  affect  the  title  or  interest  in  the  property  described  in  such 
notice,  owned  by  the  claimant  named  therein  at  the  time  of  the  filing 
thereof,  or  by  any  successor  in  interest  of  such  claimant  by  virtue  of 
a  written  instrument,  judgment  or  decree  duly  recorded  subsequently  to 
the  filing  of  such  notice  and  prior  to  the  commencement  of  the  action; 
provided,  however,  that  the  failure  to  name  said  claimant  or  such  suc- 
cessor in  interest,  as  aforesaid,  in  said  affidavit  or  memorandum,  or  to 
serve  such  claimant  or  such  successor  in  interest,  shall  not  affect  the 
validity  of  the  judgment  or  decree  rendered  in  such  action  as  to  any 
other  persons,  but  such  judgment  or  decree  shall  be  valid  and  binding 
upon  all  persons  except  such  claimant  or  such  successor  in  interest. 

Executor  may  record  notice. 

Sec.  4.  An  executor,  administrator  or  guardian,  or  other  person  hold- 
ing the  possession  of  property  in  the  right  of  another,  may  make,  sign, 
verify  and  file  for  record  the  notice  and  affidavit  in  this  act  provided 
for  on  behalf  of  the  estate  or  interest  which  he  represents. 

Act  supplementary  to  act  of  1906. 

Sec.  5.  This  act  shall  be  supplementary  to  the  act  approved  June  16, 
1906,  entitled  "An  Act  to  provide  for  the  establishment  and  quieting  of 
title'to  real  property  in  case  of  the  loss  or  destruction  of  public  records." 

Sec.  6.     This  act  shall  take  effect  immediately. 

An  Act  relating  to  the  restoration  of  court  records  which  have  been  lost, 
injured  or  destroyed  by  conflagration  or  other  public  calamity. 

[Approved  June  16,  1906;  Stats.  1906,  p.  73.] 
§  1.     Court  records,  restoration  of  those  lost  or  destroyed  by  conflagration. 
§  2.      Same. 
§  3.     Appeal. 

Court  records,  restoration  of  those  lost  or  destroyed  by  conflagration. 

Section  1.  Whenever  in  any  action  or  special  proceedings,  civil  or 
criminal,  in  any  court  of  this  state,  any  judgment,  decree,  order,  docu- 
ment, record,  paper,  process,  or  file,  or  any  part  thereof,  shall  have  been 
or  shall  hereafter  be  lost,  injured  or  destroyed  by  reason  of  conflagration 
or  other  public  calamity,  any  party  or  person  interested  therein  may,  on 
application  by  a  duly  verified  petition  in  writing  to  such  court,  and  on 
showing  to  the  satisfaction  of  such  court  that  the  same  has  been  lost, 
injured  or  destroyed  by  conflagration  or  other  public  calamity,  without 
fault  or  neglect  of  the  party  or  person  making  euch  application,  obtain 
an  order  from  such  court  upon  notice  given  as  provided  in  section  ten 


BURNT   OR   DESTROYED   RECORDS  OB  DOCUMENTS.  1951 

hundred  and  ten  to  ten  hundred  and  seventeen  inclusive  of  the  Code  of 
Civil  Procedure,  authorizing  such  defect  to  be  supplied  by  a  duly  certi- 
fied copy  of  such  original,  where  the  same  can  be  obtained,  which  cer- 
tified copy  shall  thereafter  have  the  same  effect  in  all  respects  as  such 
original  would  have  had. 

Same, 

Sec.  2.  Whenever  in  any  action  or  special  proceeding,  civil  or  crimi- 
nal, in  any  court  of  this  state  any  judgment,  decree,  order,  document, 
record,  paper,  process  or  file,  or  any  part  thereof,  shall  have  been  or 
shall  hereafter  be  lost,  injured  or  destroyed  by  reason  of  conflagration 
or  other  public  calamity,  and  such  defect  cannot  be  supplied  as  pro- 
vided in  the  last  section,  any  party  or  person  interested  therein  may 
make  written  application  to  the  court  to  which  the  same  belongs,  verified 
by  affidavit  or  affidavits,  showing  such  loss,  injury  or  destruction,  and 
that  certified  copies  thereof  cannot  be  obtained  by  the  party  or  persons 
making  such  application,  and  that  such  loss,  injury  or  destruction  oc- 
curred by  conflagration,  or  other  calamity,  without  the  fault  or  neglect 
of  the  party  making  such  application,  and  that  such  loss,  injury  or 
destruction,  unless  supplied  or  remedied  will  or  may  result  in  damage  to 
the  party  or  person  making  such  application,  and  thereupon  such  court 
shall  cause  notice  of  such  application  to  be  given,  as  provided  in  section 
ten  hundred  and  ten  to  ten  hundred  and  seventeen  inclusive  of  the  Code 
of  Civil  Procedure.  If,  upon  such  hearing  the  court  shall  be  satisfied 
that  the  statements  contained  in  such  written  application  are  true,  the 
court  shall  make  an  order  reciting  what  was  the  substance  and  effect  of 
such  lost,  injured  or  destroyed  judgment,  decree,  order,  document,  record, 
paper,  process  or  file,  which  order  shall  have  the  same  ett'ect  that  such 
original  would  have  had  if  the  same  had  not  been  lost,  injured  or  de- 
stroyed, so  far  as  concerns  the  party  or  persons  making  such  application, 
and  the  persons  who  shall  have  been  notified,  as  provided  for  in  this 
section.  The  judgment,  decree,  order,  document,  record,  paper,  process, 
or  file  in  all  cases  where  the  proceeding  is  m  rem,  including  probate, 
guardianship  and  insolvency  proceedings,  may  be  supplied  in  like  manner 
upon  like  notice  to  all  persons  who  have  appeared  therein,  and  notice  by 
publication  or  postings  to  all  persons  who  have  not  appeared  for  not  less 
than  ten  days,  as  the  court  may  order,  and  the  same  when  restored  shall 
have  the  same  effect  upon  all  persons  who  have  been  personally  served 
with  notice  of  such  application  as  the  original,  and  as  to  all  other  persons 
the  same  shall  be  prima  facie  evidence  of  the  contents  of  such  original. 

Appeal. 

Sec.  3.  If  an  appeal  shall  have  been  taken  in  any  action  or  special 
proceeding  in  any  superior  court  in  which  the  record  shall  have  been 
subsequently  lost  or  destroyed  by  conflagration  or  other  public  calamity, 
to  a  district  court  of  appeal  or  to  the  supreme  court,  and  a  transcript  of 
such  record  has  been  filed  in  such  district  court  of  appeal  or  in  the 
supreme  court,  any  party  or  person  interested  in  the  action  or  special 
proceeding  may  obtain  a  certified  copy  of  such  transcript,  or  of  any 
portion  thereof,  from  the  clerk  of  the  district  court  of  appeal,  attested 


1952  APPENDIX. 

by  the  presiding  judge  thereof,  or  from  the  clerk  of  the  supreme  court, 
attested  by  the  chief  justice,  and  may  file  such  certified  and  attested 
copy  of  such  transcript  or  of  any  part  or  portion  thereof  in  the  office  of 
the  clerk  of  the  superior  court  from  which  such  appeal  was  taken. 
Thereupon  such  certified  and  attested  copy  of  such  transcript  or  of  any 
part  or  portion  thereof  may  be  made  the  basis  of  any  further  proceedings 
or  processes  in  such  superior  court  in  such  action  or  special  proceeding 
to  all  intents  and  purposes  as  if  the  original  record  so  copied,  certified 
and  attested,  or  the  part  or  portion  thereof  so  copied,  certified  and 
attested,  were  on  file. 

Sec.  4.     This  act  shall  take  effect  immediately. 


CORPORATIONS. 

An  Act  authorizing  certain  corporations  to  act  as  executor  and  in  other 
capacities,  and  to  provide  for  and  regulate  the  administratian  of  trusts 
by  such  corporations. 
[1.  Approved  April  6,  1891;  Stats.  1891,  p.  490.  2.  Amended  April  1,  1897;  Stats. 
1897,  p.  424.  3.  Amended  March  20,  1903;  Stats.  1903,  p.  244.  4.  Amended 
March  18,  1905;  Stats.  1905,  p.  232.  5.  Amended  March  18,  1907;  Stats. 
1907,  p.  562.] 

Corporation  as  Executor,  Administrator,  etc.  This  act  appears  in  full  at 
p.  1900.  In  §  1348  of  the  Code  of  Civil  Procedure,  it  is  provided  that  cor- 
porations authorized  by  their  articles  of  incorporation  to  act  as  executor,  ad- 
ministrator, guardian  of  estates,  assignee,  receiver,  depositary,  or  trustee,  and 
having  a  paid-up  capital  of  not  less  than  two  hundred  and  fifty  thousand  dollars, 
of  which  one  hundred  thousand  dollars  shall  have  been  actually  paid  in  in  cash,  may 
be  appointed  to  act  in  such  capacity  in  lilve  manner  as  individuals.  In  all  cases 
in  which  it  is  required  that  an  executor,  administrator,  guardian,  assignee,  re- 
ceiver, depositary,  or  trustee,  shall  qualify  by  taking  and  subscribing  an  oath,  or 
in  which  an  affidavit  is  required,  it  shall  be  a  sufficient  qualification  by  such 
corporation,  if  such  oath  shall  be  taken  and  subscribed,  or  such  affidavit  made, 
by  the  president  or  secretary  or  manager  thereof;  and  such  officer  shall  be  liable 
for  the  failure  of  such  corporation  to  perform  any  of  the  duties  required  by  law 
to  be  performed  by  individuals  acting  in  like  capacity  and  subject  to  like  penalties; 
and  such  corporation  shall  be  liable  for  such  failure  to  the  full  amount  of  its 
capital  stock  and  upon  the  bond  required  upon  its  assuming  the  trusts  provided 
for  herein. 


COSTS. 

An  Act  concerning  the  costs  in  civil  actions  for  serving  summonses  and 

subpoenas. 

[Approved  March  10,  1891;  Stals.  1891,  p.  56.] 

Fees  for  serving  "writ. 

Section  1.     In  all  civil  actions,  when  a  summons  or  subpoena  is  served 
by  a  person  other  than  the  sheriff,  the  person  so  serving  shall  be  allowed 


COURTS.  1953 

by  the  court  issuing  the  process  such  sum  as  the  court  may  think  proper, 
not  exceeding  the  amount  allowed  sheriffs  by  law. 

Sec.  2.     This  act  shall  take  effect  from  and  after  its  passage. 

Act  concerning  costs  in  actions  of  libel  and  slander:    See  post,  tit.  "Libel." 


COURTS. 

The  supreme  court  commission  was  created  originally  by  act  of  March  12,  1885 
(Stats.  1885,  p.  101).  It  consisted  of  three  members,  to  hold  ofhce  for  four  years.  In 
1889  the  commission  was  enlarged  to  five  members,  to  hold  office  for  two  years.  The 
commission  was  recreated  by  act  of  the  legislature  every  two  years  after  that  time,  and 
continued  in  existence  until  act  creating  it  was  superseded  by  constitutional  amend- 
ment creating  the  district  courts  of  appeal.      (See  Stats.  1903,  p.  737.) 


An  Act  to  provide  that  in  all  cities  of  over  ten  tJioxisand  iiihahifants,  the 
mayor,  or  other  chief  executive,  shall  not  be  required  to  act  as  city  judge, 
or  ex  officio  judge  of  the  city  court,  or  as  justice  of  the  peace;  to  pro- 
vide for  the  aholishment  of  such  city  court,  and  for  the  transfer  of  the 
bminess  and  properties  of  said  city  court  to  the  justice  of  the  peace  of 
such  cities,  and  to  require  such  justice  to  finish  such  business,  and  to 
repeal  all  special  acts  in  conflict  herewith. 

[Approved  March  8,  1887;   Stats.  1887,  p.  51.] 

§  1.      Duties  of  mayor. 

§  2.      Transfer  of  books,  etc.,  to  justice  of  the  peace. 

§  3.     Conflicting  acts  repealed. 

Duties  of  mayor. 

Section  1.  In  cities  of  over  ten  thousand  inhabitants,  the  mayor,  or 
other  chief  executive  thereof,  shall  not  be  required  to  act  as  justice  of 
the  peace,  or  to  hold  a  city  court,  or  to  act  as  ex  officio  city  judge,  or 
to  perform  any  of  the  duties  -of  judge  of  the  city  court;  and  all  city 
courts  created  by  law  to  be  held  by  such  mayor,  or  other  chief  executive 
of  such  cities,  are  hereby  abolished. 

Transfer  of  books,  etc.,  to  justice  of  the  peace. 

Sec.  2.  All  books,  dockets,  files,  documents,  papers,  and  properties  of 
every  kind  whatsoever  belonging  to  such  city  court,  shall  be  transferred 
to  the  justice  of  the  peace  of  said  city,  provided  for  by  law,  to  hold  the 
police  court  of  such  city,  or  if  there  be  no  such  police  court  therein,  then 
to  such  justice  of  the  peace  therein  as  may  be  designated  for  such  pur- 
pose by  the  mayor  thereof;  and  such  justice  of  the  peace  sliall  have 
jurisdiction  of  all  matters  heretofore  brought  in  such  city  court,  or  of 
which  said  city  court  had  jurisdiction;  and  it  shall  be  his  duty  to  collect 
all  fines  and  charges  required  by  law  to  be  collected  by  such  city  court, 
and  to  account  for  and  pay  the  same  over  to  the  treasurer  of  said  city 


,11)54  APPENDIX. 

in  the  same  manner  an3  at  the  same  times  and  under  such  terms  and 
conditions  as  heretofore  required  of  and  by  said  city  court.  Said  jus- 
tice of  the  peace  shall  complete  all  such  unfinished  business  as  may  be 
transferred  to  him  from  said  city  court  under  the  provisions  hereof,  in 
the  same  manner  as  heretofore  required  of  said  city  court. 

Conflicting  acts  repealed. 

Sec.  3.  The  provisions  of  all  acts  and  every  special  act  of  the  legis- 
lature which  conflict  in  any  wise  witk  this  act  are  each  and  every  one 
hereby  repealed. 

Sec.  4.  This  act  shall  take  effect  and  be  in  force  at  once  after  its 
passage. 


An  Act  autJwrising  the  judges  of  the  superior  court  in  all  counties,  and 
cities  and  counties,  having  a  population  of  two  hundred  thousand  in- 
habitants and  over,  to  appoint  a  secretary. 

[1.  Approved  March   26,    1895;    Stats.    1895,   p.   98.     2.  Amended   by    Stats.    1909, 
p.  940.] 

Secretaries  to  superior  judges.     Appointment,  duties,  and  salaries. 

Section  1.  In  all  counties,  and  cities  and  counties,  having  a  popula- 
tion of  three  hundred  thousand  inhabitants  and  over,  the  judges  of  the 
superior  court  in  such  counties,  and  cities  and  counties,  may  appoint  a 
secretary,  who  shall  receive  a  salary  of  two  hundred  and  fifty  (.$250) 
dollars  per  month,  and  hold  office  at  their  pleasure,  and  shall  perform 
such  duties  as  may  be  required  of  him  by  the  court  or  the  judges  thereof. 
Said  salary  shall  be  audited,  allowed,  and  paid  out  of  the  general  fund 
of  such  counties,  and  cities  and  counties.  [Amendment.  Approved  April 
16,  1909;  Stats.  1909,  p.  940.] 

Sec.  2.     This  act  shall  take  effect  from  and  after  its  passage. 


An  Act  to  provide  one  additional  judge  of  the  superior  court  of  the  county 
of  Alameda. 
[Approved  February  13,  1893;  Stats.  1893,  p.  3.] 
This  act  increased  the  number  of  judges  from  three  to  four. 


An  Act  to  provide  one  additional  judge  of  the  superior  court  of  the  county 
of  Alameda. 
[Approved  March  14,  1901;  Stats.  1901,  p.  295.] 
This  act  increased  the  number  of  judges  from  four  to  five. 


COURTS.  1955 

An  Act  to  increase  ilie  num'ber  of  judges  of  the  superior  court  of  the  covnty 
of  Fresno,  state  of  California,  and  for  the  appointment  of  an  additional 
judge. 

[Approved  March  8,  1887:   Stats.  1887,  p.  57.] 
This  act  increased  the  number  of  judges  from  one  to  two. 


In  Act  to  facilitate  the  disposition  of  business  in  the  superior  court  of 
Fresno  County,  by  the  appointment  and  election  of  a  third  judge  of 
said  court. 

[Approved  March  10,  1893;  Stats.  1893,  p.  125.] 

This  act  increased  the  number  of  judges  from  two  to  three. 


in  Act  to  reduce  the  number  of  judges  of  the  superior  court  of  the  county 
of  Fresno  from  three  to  two. 
[Approved  March  26,  1895;  Stats.  1895,  p.  156.] 
This  act  reduced  the  number  of  judges  from  three  to  two. 


An  Act  to  provide  for  the  appointment  and  election  of  one  additional  judge 
for  the  county  of  Humboldt. 

[Approved  March  8,   1895;   Stats.   1895,  p.  27.] 

This  act  inci  eased  the  number  of  judges  from  one  to  two. 


An  Act  to  increase  the  number  of  judges  of  the  superior  court  of  thf 
county  of  Los  Angeles,  state  of  California,  and  for  the  appointment  of 
such  additional  judges. 

[Approved  March  11,  1S89:  Stats.  1889,  p.  130.] 
This  act  increased  the  number  of  judges  in  Los  Angeles  County  from 

four  to  six. 


An  Act  to  provide  three  (3)  additional  judges  of  the  superior  court  of  the 
county  of  Los  Angeles,  state  of  California;  for  the  manner  of  their  ap- 
pointment, and  for  their  compensation. 

[Approved  February  15,  1905;  Stats.  1905,  p.  9.] 
This  act  increased  the  number  of  judges  in  Los  Angeles  County  from 

six  to  nine. 

In  1887  the  legislature  increased  the  number  of  judges  in  Los  Aug(;les 
County  from  two  to  four.     (Stats.  1887,  p.  1.) 


1956  APPENDIX. 

An  Act  to  provide  an  additional  judge  of  the  superior  co^irt  for  the  county 
of  Mono. 
[Approved  April  16,  1880;  Stats.  1880,  p.  99.] 
This  act  was  repealed  March  9,  1883.     (Stats.  1883,  p.  62.) 

An  Act  to  provide  one  additional  judge  of  the  superior  court  of  the  county 
of  Kern. 
[Approved  February  17,  1903;  Stats.  1903,  p.  30.] 
This  act  increased  the  number  of  judges  from  one  to  two. 

An  Act  to  provide  one  additional  judge  of  the  superior  court  of  the  county 
of  Sacramento. 
[Approved  March  12,  1895;  Stats.  1895,  p.  48.] 
This  act  increased  the  number  of  judges  from  two  to  three. 

An  Act  to  provide  an  additional  judge  of  the  superior  court  of  the  county 
of  San  Bernardino. 
[Approved  March  5,  1887;  Stats.  1887,  p.  19.] 
This  act  increased  the  number  of  judges  from  one  to  two. 

An  Act  to  increase  the  number  of  judges  of  the  superior  court  of  the 
county  of  San  Diego,  state  of  California,  and  for  the  appointment  of 
such  additional  judges. 

[Approved  February  8,  1889;  Stats.  1889,  p.  5.] 

This  act  increased  the  number  of  judges  from  one  to  three.  The  act 
of  March  5,  1895  (Stats.  1895,  p.  24),  reduced  the  number  of  judges  to 
two. 

An  Act  to  provide  one  (1)  additional  judge  of  the  superior  court  of  the 
county  of  San  Joaquin,  state  of  California;  for  the  manner  of  his  elec- 
tion and  for  his  compensation. 

[Approved  March  18,  1905;  Stats.  1905,  p.  100.] 
This  act  increased  the  number  of  judges  for  San  Joaquin  County  from 

two  to  three. 

An  Act  providing  for  an  additional  superior  judge  for  the  county  of  San 

Luis  Obispo,  and  providing  for  his  appointment  and  salary. 

[Approved  February  8,  1889;  Stats.  1889,  p.  6.] 

This  act  increased  the  number  of  judges  from  one  to  two.     By  the  act 

of  1889,  Stats.  1889,  p.  333,  approved  March  19,  1889,  the  number  was 

reduced  to  one. 


INTERPRETERS.  1957 

An  Act  to  increase  the  ntiniber  of  judges  of  the  superior  court  of  the 
county  of  Santa  Clara,  and  to  provide  for  the  appointment  of  an  addi- 
tional judge. 

[Approved  February  16,  1897;  Stats.  1897,  p.  7.] 
This  act  increased  the  number  of  judges  from  two  to  three. 


An  Act  to  increase  the  number  of  judges  of  the  superior  court  of  the  county 
of  Shasta,  state  of  California,  and  for  the  appointment  of  such  additional 
judge. 

[Approved  March  20,  1905;  Stats.  1905,  p.  315.] 

This  act  increased  the  number  of  judges  from  one  to  two. 


An  Act  providing  for  the  election  or  appointw.ent  of  a  separate  judge  of 
the  s%(,perior  court  for  each  of  the  counties  of  Tuba  and  Slitter,  and 
fixing  and  providing  for  the  payment  of  the  salary  of  each  of  such 
judges. 

[Approved  March  2,  1897;  Stats.  1897,  p.  48.] 

The  provisions  of  this  act  are  sufficiently  indicated  by  its  title. 

A  Bill  to  increase  the  mimber  of  judges  of  the  superior  court  of  the  county 
of  Tulare,  and  to  provide  for  the  appointment  of  an  addition^al  judge. 

[Approved  March  10,  1891;  Stats.  1891,  p.  61.] 
This  act  increased  the  number  of  judges  from  one  to  two.     Afterwards, 

by  the  act  of  March  26,  1895,  the  number  was  reduced  to  one.     (Stats. 

1895,  p.  128.) 


INTERPRETERS. 

An   Act  to   authorize   the   appointment   of  an   interpreter  of   the   Italian 
language  and  dialects,  in  criminal  proceedings,  in  cities  and  cities  and 
counties    of  one  hundred  thousand  inhabitants. 
[1.  Approved  March  12,   1885;    Stats.   1885,  p.   108.     2.  Amended  March  9,   1895; 
Stats.  1895,  p.  37.] 
§  1.     Appointment  of  interpreter. 
§  2.      Salary. 
§  3.     What  repealed  by  this  act. 

Appointment  of  interpreter. 

Section  1.  In  all  cities  and  cities  and  counties  of  over  one  hundred 
thousand  inhabitants,  where  an  interpreter  of  the  Italian  Innguago  is 
necessary,  it  shall  be  the  duty  of  the  mayor  and  police  judge  of  such  city, 
or  city  and  county,  and  of  the  judge  of  the  superior  court  of  said  city 
and  county,  or  of  the  county  in  which  said  city  is  situated,  or  where  there 
are  more  judges  than  one,  then  it  shall  be  the  duty  of  the  presiding  judge 


1958  APPENDIX. 

of  said  superior  court  and  the  presiding  judge  of  the  police  court  and  the 
mayor,  to.  appoint  an  interpreter  of  the  Italian  language,  who  must  be 
able  to  interpret  the  Italian  language  and  dialects  into  the  English  lan- 
guage, to  be  employed  in  criminal  proceedings  when  necessary  in  said 
cities,  or  cities  and  counties.  [Amendment.  Approved  March  9,  1895; 
Stats.  1895,  p.  37.] 

Salary. 

Sec.  2.  The  said  interpreter  shall  receive  a  salary  of  fifteen  hundred 
dollars  per  annum,  which  shall  be  paid  out  of  the  general  fund  of  such 
city,  or  city  and  county. 

What  repealed  by  this  act. 

Sec.  3.  This  act  shall  not  repeal  any  act  heretofore  made  and  now  in 
force  for  the  appointment  of  interpreters,  except  so  much  of  any  act 
which  may  conflict  with  this  act  in  the  appointment  of  Italian  inter- 
preters. 

Sec.  4.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

Act  superseded  as  to  San  Francisco.     Superseded,  as  to  San  Francisco,  by  chap- 
ter I  of  article  V  of  the  charter  of  that  city. 


'JUSTICE'S  CLERK. 

An  Act  relating  to  the  justices*  courts  in  cities  and  counties  of  more  than 
two  hundred  thousand  population,  and  providing  for  the  appointment  of 
a  justices'  cleric  and  his  assistants,  prescribing  their  duties  and  fixing 
their  compensation. 

[Approved  March  25,  1903;  Stats.  1903,  p.  477.] 

§  1.      Appointment  of  justices'  clerk. 

§  2.     Oath  of  office  and  bond. 

§  3.     Appointment  of  assistants. 

§  4.      Authority  of  assistants. 

§  5.      Salaries. 

§  6.      Office  hours. 

§  7.     Duty  of  justices'  clerk. 

§  8.     To  issue  legal  process  in  all  kinds  of  actions. 

§  9.      Conflicting  acts  repealed. 

Appointment  of  justices'  clerk. 

Section  1.  The  supervisors  in  every  city  and  county  of  more  than  two 
hundred  thousand  population  shall  appoint  a  justices'  clerk  upon  the 
written  nomination  and  recommendation  of  the  justices  of  the  peace  of 
said  city  and  county  or  a  majority  of  them,  who  shall  hold  office  for  four 
years  and  until  his  successor  is  in  like  manner  appointed  and  qualified. 

Oath  of  oflace  and  bond. 

See.  2.     Said  justices'  clerk  shall  take  the  constitutional  oath  of  office,      j 
and  give  bond  in  the  sum  of  ten  thousand  dollars  for  the  faithful  dis- 


justice's  clerk.  1959. 

charge  of  the  duties  of  his  office,  and  in  the  same  manner  as  is  or  may  be 
required  of  other  officers  of  such  city  and  county.  A  new  or  additional 
bond  may  be  required  by  the  supervisors  of  such  city  and  county,  when- 
ever they  may  deem  it  necessary. 

Appointment  of  assistants. 

Sec.  3.  The  justices'  clerk  shall  have  authority  to  appoint  one  cashier, 
one  chief  deputy  clerk,  two  deputy  clerks  and  one  \nesscnger,  for  whose 
acts  he  shall  be  responsible  on  his  official  bond.  The  said  appointees  to 
hold  office  during  the  pleasure  of  said  justices'  clerk. 

Authority  of  assistants. 

Sec.  4.  Said  chief  deputy  clerk  and  said  deputy  clerks  shall  have  au- 
thority to  administer  oaths,  and  take  and  certify  affidavits  in  any  action, 
suit  or  proceeding  in  the  justices'  courts  in  such  city  and  county  and 
generally  to  perform  all  acts  which  the  justices'  clerk  himself  might  per- 
form. 

Salaries. 

Sec.  5.  Said  justices'  clerk  and  his  appointees  shall  receive  for  their 
official  services  the  following  salaries  and  no  other  or  further  compensa- 
tion, payable  out  of  the  treasury  of  such  city  and  couuty,  after  being  al- 
lowed and  audited  as  other  similar  demands  are  required  by  law  to  be 
allowed  and  audited:  The  said  justices'  clerk  the  sum  of  three  thousand 
dollars  per  annum j  the  cashier  and  the  chief  deputy  clerk  each  the  sum 
of  eighteen  hundred  dollars  per  annum;  the  deputy  clerks  fifteen  hundred 
dollars  per  annum  each;  and  the  messenger  twelve  hundred  dollars  per 
annum. 

Office  hours. 

Sec.  6.  The  said  justices,  justices'  clerk  and  his  said  appointees  shall 
be  in  attendance  at  their  respective  offices  for  the  dispatch  of  official 
business,  daily,  except  Sundays  and  holidays,  from  the  hour  of  nine 
o'clock  a.  m.  until  five  o'clock  p.  m. 

Duty  of  justices'  clerk. 

Sec.  7.  In  all  actions,  suits,  and  proceedings  commenced  in  the  justices' 
court  in  such  city  and  county,  or  before  any  of  the  justices  of  the  peace 
thereof,  the  original  process  shall  be  returnable,  and  the  parties  sum- 
moned required  to  appear  before  one  of  the  justices  of  the  peace,  to  be 
designated  by  the  justices'  clerk,  upon  issuing  such  process. 

To  issue  legal  process  in  all  kinds  of  actions. 

Sec.  8.  All  legal  process  of  every  kind  in  actions,  suits  or  proceedings 
in  said  justices'  court  shall  be  issued  by  the  said  justices'  clerk. 

Conflicting  acts  repealed. 

Sec.  9.  All  other  acts  so  far  as  they  conflict  with  this  act  are  hereby 
repealed. 

Sec.  10.     This  act  shall  take  effect  immediately. 


1960  APPENDIX. 


^JUSTICES  OF  THE  PEACE. 

An  Act  fixing  jurisdiction  and  providing  compensation  for  justices  of  the 

-peace  in  cities  and  towns. 

[Approved  March  9,  1883;  Stats.  1883,  p.  63.] 

§  1.     Powers  of  justices  of  the  peace. 
§  2.      Compensation. 

Powers  of  justices  of  the  peace. 

Section  1.  Justices  of  the  peace  of  any  township  composed  in  whole  or 
in  part  of  an  incorporated  city  or  town,  and  justices  of  the  peace  in  any 
city  or  town,  in  addition  to  the  jurisdiction  and  powers  now  conferred 
upon  them,  are  authorized  and  empowered  to  exercise  all  powers,  duties, 
and  jurisdiction,  civil  and  criminal,  of  police  judges,  judges  of  police 
courts,  recorders'  courts,  or  mayors'  courts  within  such  cities. 

Compensation. 

Sec.  2.  The  compensation  of  the  justice  of  the  peace  of  any  city  or 
town,  who  is  paid  by  salary,  shall  be  by  warrants  for  equal  monthly  pay- 
ments, drawn  each  month  upon  the  salary  fund  of  such  city  or  town,  if 
there  be  one;  or,  if  no  salary  fund  be  provided,  then  upon  the  general 
fund  of  such  city  or  town,  such  warrants  to  be  audited  and  paid  aa  are 
salaries  of  other  city  officials. 

Sec.  3.     This  act  shall  take  effect  immediately. 

Act  superseded:    See  Code  Civ.  Proc,  §  103,  as  amended  in  1901  and  1903. 


An  Act  concerning  the  justices*  courts  of  the  city  and  co\inty  of  San  Fran- 
cisco, and  the  service  of  summons  issued  therefrom. 
[Approved  April  3,  1876;  Stats.  1875-76,  p.  855.] 

Summons. 

Section  1.  The  summons  issued  from  the  justices'  courts  may  be  served 
and  returned  as  provided  in  title  five,  part  second  of  the  Code  of  Civil 
Procedure. 

Sec.  2.     This  act  shall  take  effect  from  and  after  its  passage. 

Act  superseded:   Code  Civ.  Proc,   §  849. 


An  Act  to  create  a  court  in  and  for  the  town  of  Berlceley,  state  of  Cali- 
fornia, 
[Approved  March  27,  1895;   Stats.  1895,  p.  205.] 
The  provisions  of  this  act  are  sufficiently  indicated  in  its  title. 
Declared  unconstitutional:   Miner  v.  Justice's  Court,  121  Cal.  264. 


LIBEL.  1961 


LIBEL. 

An  Act  concerning  actions  for  Uhel  and  slander. 

[1.  Approved  March  23,  1872;  Stats.  1871-72,  p.  533.     2.  Amended  April  16,  1880; 
Stats.  1880,  p.  81.] 

§  1.  Undertaking. 

§  2.  Sureties. 

§  3.  Exception  to  sureties. 

§  4.  Justification. 

§  5.  Approval.      New  undertaking. 

§  6.  Failure  to  file  bond. 

§  7.  Costs. 

Undertaking. 

Section  1.  In  an  action  for  libel  or  slander  the  clerk  shall,  before  issu- 
ing the  summons  therein,  require  a  written  undertaking  on  the  part  of 
the  plaintiff  in  the  sum  of  five  hundred  (500)  dollars,  with  at  least  two 
competent  and  sufficient  sureties,  specifying  their  occupations  and  resi- 
dences, to  the  effect  that  if  the  action  be  dismissed  or  the  defendant  re- 
cover judgment,  that  they  will  pay  such  costs  and  charges  as  may  be 
awarded  against  the  plaintiff  by  judgment  or  in  the  progress  of  the  ac- 
tion, or  on  an  appeal,  not  exceeding  the  sum  specified  in  the  undertaking. 
An  action  brought  without  filing  the  undertaking  required  shall  be  dis- 
missed. 

Sureties. 

Sec.  2.  Each  of  the  sureties  on  the  undertaking  mentioned  in  the  first 
section  shall  annex  to  the  same  an  affidavit  that  he  is  a  resident  and 
householder  or  freeholder  within  the  county,  and  is  worth  double  the 
amount  specified  in  the  undertaking,  over  and  above  all  his  just  debts 
and  liabilities,  exclusive  of  property  exempt  from  execution. 

Exception  to  sureties. 

Sec.  3.  Within  ten  days  after  the  service  of  the  summons,  the  defend- 
ants, or  either  of  them,  may  give  to  the  plaintiff,  or  his  attorney,  notice 
that  they  or  he  except  to  the  sureties  and  require  their  justification  be- 
fore a  judge  of  the  court  at  a  specified  time  and  place,  the  time  to  be  not 
less  than  five  or  more  than  ten  days  thereafter,  except  by  consent  of  par- 
ties. The  qualifications  of  the  sureties  sliall  be  as  required  in  their  affi- 
davits.    [Amendment.     Approved  April  16,  1880;  Stats.   1880,  p.  81.] 

Justification. 

Sec.  4.  For  the  purpose  of  justification  each  of  the  sureties  shall  at- 
tend before  the  judge  at  the  time  and  place  mentioned  in  the  notice,  and 
may  be  examined  on  oath  touching  his  sufficiency  in  such  mnnncr  as  the 
judge  in  his  discretion  shall  tliink  ])roper.  The  examination  shall  be  re- 
duced to  writing  if  either  party  desires  it. 


1962  APPENDIX. 

Approval.     New  undertaking.-. 

Sec.  5.  If  the  judge  liud  the  undertaking  suflfieient,  he  shall  annex  the 
examination  to  the  undertaking  and  indorse  his  approval  thereon.  If  the 
sureties  fail  to  appear,  or  the  judge  finds  the  sureties  or  either  of  them 
insufficient,  he  shall  order  a  new  undertaking  to  be  given.  The  judge 
may  also  at  any  time  order  a  new  or  additional  undertaking  upon  proof 
that  the  sureties  have  become  insufficient.  In  case  a  new  or  additional 
undertaking  is  ordered,  all  proceedings  in  the  case  shall  be  stayed  until 
such  undertaking  is  executed  and  filed,  with  the  approval  of  the  judge. 

Failure  to  file  bond. 

Sec.  6.  If  the  undertaking  as  required  be  not  filed  in  five  days  after 
the  order  therefor,  the  judge  or  court  shall  order  the  action  to  be  dis- 
missed. 

Costs. 

Sec.  7.  In  case  plaintiff  recovers  judgment,  he  shall  be  allowed  as 
costs  one  hundred  (100)  dollars,  to  cover  counsel  fees,  in  addition  to  the 
other  costs.  In  case  the  action  is  dismissed,  or  the  defendant  recover 
judgment,  he  shall  be  allowed  one  hundred  (100)  dollars,  to  cover  counsel 
fees,  in  addition  to  the  other  costs,  and  judgment  therefor  shall  be  en- 
tered accordingly. 

Constitutionality  and  construction:   See  Smith  v.  McDermott,  93  Cal.  421. 


MORTGAGES. 

An  Act  to  abolish  attorney's  fees,  and  other  charges,  in  foreclosure  suits. 
[Approved  March  27,  1874;  Stats.  1873-74,  p.  707.] 

Attorney's  fee  on  foreclosure  to  be  fixed  by  court. 

Section  1.  In  all  cases  of  foreclosure  of  mortgage  the  attorney's  fee 
shall  be  fixed  by  the  court  in  which  the  proceedings  of  foreclosure  are 
had,  any  stipulation  in  said  mortgage  to  the  contrary  notwithstanding. 

Conflicting  acts  repealed. 

Sec.  2.  All  acts  and  parts  of  acts,  so  far  as  they  conflict  with  the  pro- 
visions of  this  act,  are  hereby  repealed,  and  this  act  shall  take  effect  and 
be  in  force  from  and  after   its   passage. 


PROCESS. 

An  Act  concerning  the  execution  of  final  process  in  certain  cases. 
[Approved  March  16,  1874;  Stats.  1873-74,  p.  3G5.] 

Service  of  final  process  in  new  counties. 

Section  1.     In  all   cases   where  new   counties   have   been   or  may  here- 
after be  erected,  and  executions,  orders  of  sale  upon  foreclosures  of  mort- 


PUBLIC  ADMINISTRATOR — RECORDS.  1903 

gages,  or  other  process  affecting  specific  real  estate,  have  been  or  may 
hereafter  be  adjiulgecl  by  the  final  judgment  or  decree  of  a  court  of  com- 
petent jurisdiction,  to  be  executed  by  the  sheriff  of  the  county  in  which 
such  real  estate  was  originally  situated,  such  process  may  be  executed 
by  the  sheriff  of  the  new  county  in  which  such  real  estate  is  found  to  be 
situated,  with  the  like  effect  as  if  he  wore  the  sheriff  of  the  county  desig- 
nated in  the  judgment,  decree,  or  order  of  sale,  to  execute  the  same. 

Sec.  2.     This  act  shall  take  effect  and  be  in  force  from  and  after  its 


An  Act  to  declare  valid  writs,  process,  and  certificates  issued  by  the  supe- 
rior courts  of  this  state,  or  the  clerks  thereof,  before  such  courts  shall 
have  been  legally  provided  xvith  seals. 

[Approved  March  31,  1880;  Stats.  1880,  p.  19.] 

Writs,  process,  etc.,  declared  valid. 

Section  1.  No  writ,  process,  or  certificate  issued  by  any  superior  court, 
or  the  clerk  thereof,  before  such  court  shall  have  been  legally  provided 
with  a  seal,  shall  be  invalid,  if  in  other  respects  valid,  by  reason  of  the 
absence  of  a  lawful  seal;  laut  every  such  writ,  process,  or  certificate, 
whether  under  the  seal  of  one  of  the  courts  abolished  on  the  first  day  of 
January,  eighteen  hundred  and  eighty,  or  under  the  private  seal  of  the 
clerk,  or  under  any  other  seal,  or  issued  without  a  seal,  shall  have  the 
same  validity  as  if  it  had  been  authenticated  by  a  legally  adopted  seal 
of  the  court  out  of  which  or  by  whose  clerk  it  was  issued. 

Sec.  2.     This  act  shall  take  effect  immediately. 


PUBLIC  ADMINISTRATOR. 

Coroner  to  act  as  public  administrator  when.  The  act  of  March  30,  1872  (Stats. 
1871—72,  p.  796),  provided  that  if  a  public  administrator  of  any  county  failed  to 
qualify  or  to  perform  his  duties,  the  coroner  should  be  ex  officio  public  adminis- 
trator, and  in  case  of  failure  to  qualify  or  of  neglect  on  his  part,  the  supervisors 
should  appoint  a  suitable  person  to  act.  Superseded  by  County  Government; 
See  Political  Code,  §  4183. 


RECORDS. 

An  Act  to  transfer  the  records,  papers,  and  business  of  the  courts  existing 
on  the  thirty-first  day  of  December,  eighteen  hundred  and  seventy-nine,  in 
this  state,  to  the  courts  now  existing  therein. 

[Approved  February  4,  1880;  Stats.  1880,  p.  2.] 
§  1.      Supreme  court,  successor  of  court  of  same  name. 
§  2.      Superior  courts,  successor  of  what  courts. 
§  3.     Police  court  of  Sau  Francisco,  transfer  of  cases  to. 


1964  APPENDIX. 

Supreme  court,  successor  of  court  of  same  name. 

Section  1.  The  supreme  court  shall,  for  all  purposes,  be  considered  the 
successor  of  the  court  of  the  same  name  which  was  abolished  on  the  first 
day  of  January,  eighteen  hundred  and  eighty,  and  to  have  succeeded  to 
all  its  unfinished  business.  It  shall  have  jurisdiction  of,  and  shall  hear 
and  determine,  or  otherwise  dispose  of,  all  causes,  proceeding,  appeals, 
motions,  and  matters  pending  on  said  day  in  the  court  superseded  by  it; 
and  also,  of  all  appeals  taken  to  such  court,  before  or  after  said  day,  from 
judgments  or  orders  of  any  of  the  inferior  courts  abolished  by  the  consti- 
tution. From  and  after  the  first  day  of  January,  eighteen  hundred  and 
eighty,  the  supreme  court  shall  have  the  custody  of  all  records,  books, 
and  papers  of  the  former  supreme  court,  and  the  same  jurisdiction  over 
its  judgments,  orders,  and  proceedings  as  if  they  had  in  the  first  instance 
been  rendered,  made,  or  commenced  in  the  present  court.  All  laws  re- 
lating to  the  former  court  shall,  as  far  as  applicable,  be  considered  as 
applying  to  the  present  court.  All  rules  of  the  former  court  which  were 
in  force  on  the  first  day  of  January,  eighteen  hundred  and  eighty,  and 
not  inconsistent  with  the  constitution,  shall  continue  in  force  as  rules 
of  the  present  court  until  altered,  abolished,  or  superseded  by  the  order 
of  the  court. 

Superior  courts,  successor  of  what  courts. 

Sec.  2.  The  superior  court  of  each  county  in  this  state  shall,  for  all 
purposes,  be  considered  the  successor  of  the  district,  county,  and  probate 
courts  thereof,  and,  in  the  city  and  county  of  San  Francisco,  of  the 
municipal  criminal  court  and  municipal  court  of  appeals,  and  shall  be 
deemed  to  have  succeeded  to  all  the  unfinished  business  of  said  courts. 
The  superior  courts  shall  hear,  determine,  or  otherwise  dispose  of,  all 
causes  and  proceedings  which  were  pending  on  the  first  day  of  January, 
eighteen  hundred  and  eighty,  in  the  said  courts  superseded  by  them,  and 
every  motion  or  proceeding  then  pending  or  thereafter  made  or  taken  in 
such  causes  and  proceedings,  and  of  which  said  courts  would  have  had 
jurisdiction  had  they  not  been  abolished;  and  also,  all  appeals  taken  or 
perfected,  before  or  after  said  day,  from  all  orders  or  judgments  of  jus- 
tices' and  police  courts  which  by  law  are  declared  to  be  appealable.  From 
and  after  the  first  day  of  January,  eighteen  hundred  and  eighty,  the  su- 
perioT  courts  shall  have  the  custody  of  all  the  records,  books,  and  papers 
of  the  said  courts  superseded  by  them,  and  shall  have  jurisdiction  thereof, 
and  of  the  judgments,  orders,  and  process  of  said  courts;  and  shall  en- 
force the  same  and  issue  process  thereon  in  like  manner,  and  with  the 
same  effect,  as  if  they  had  in  the  first  instance  been  filed,  commenced, 
rendered,  made,  or  issued  in  or  by  the  superior  court.  The  superior  court 
of  the  city  and  county  of  San  Francisco  shall  have  jurisdiction  of,  and 
shall  try  and  dispose  of,  all  indictments  for  misdemeanor  pending  in  the 
city  criminal  court  of  said  city  and  county,  on  the  first  day  of  January, 
eighteen  hundred  and  eighty;  and  such  indictments,  and  all  papers  and 
records  relating  thereto,  shall  be  transferred  to  the  said  superior  court 
and  become  records  thereof.  Any  application,  motion,  or  proceeding,  set 
by  the  district,  county,  or  probate  court  of  any  county,  or  by  the  judge 


STATE.  1965 

thereof,  to  he  heard  by  such  court  or  judge  after  the  first  day  of  January, 
eighteen  hundred  and  eighty,  may  be  heard  in  the  superior  court  of  such 
county,  upon  the  same  notice  that  was  required  to  autliorize  the  hearing 
thereof  in  such  district,  county,  or  probate  court,  or  by  the  judge  thereof. 
Any  process  issued  out  of  any  district,  county,  or  probate  court  of  this 
state  before  the  first  day  of  January,  eighteen  hundred  and  eighty,  may 
be  served,  or  the  service  thereof  completed,  after  said  day,  in  the  same 
manner,  and  with  like  effect,  as  if  such  courts  had  not  been  abolished; 
provided,  that  such  process  shall  be  returned  to  the  superior  court  of  the 
county  in  which  it  was  issued,  and  any  appearance  or  answer  required  by 
such  process  shall  be  made  or  filed  in  such  court. 

Police  court  of  San  Francisco,  transfer  of  cases  to. 

See.  3.  All  prosecutions  which  were  transferred  or  certified  for  trial  to 
the  city  criminal  court  of  the  city  and  county  of  San  Francisco,  by  the 
police  court  thereof,  and  were  pending  or  undetermined  on  the  first  day  of 
January,  eighteen  hundred  and  eighty,  shall  be  tried  and  disposed  of  in 
the  said  police  court;  and  all  the  papers,  pleadings,  and  records  relating 
to  such  prosecutions  shall  be  transferred  to,  and  deposited  with,  said  po- 
lice court,  and  become  records  and  papers  thereof. 

Sec.  4.     This  act  shall  take  effect  immediately. 


STATE. 

'An  Act  to  authorise  suits  against  the  state,  and  regulating  the  procedure 

therein. 

[Approved  February  28,  1893;  Stats.  1893,  p.  57.] 

§  1.  Right  of  action. 

I  2.  Limitation  of  actions. 

§  3.  Undertaliing. 

§  4.  Service  of  summons. 

§  5.  Judgment. 

§  6.  Duty  of  governor. 

§  7.  Duty  of  controller. 

Right  of  action. 

Section  1.  All  persons  who  have,  or  shall  hereafter  have,  claims  on 
contract  or  for  negligence  against  the  state  not  allowed  by  the  state 
board  of  examiners,  are  hereby  authorized,  on  the  terms  and  conditions 
herein  contained,  to  bring  suit  thereon  against  the  state  in  any  of  the 
courts  of  this  state  of  competent  jurisdiction,  and  prosecute  the  same  to 
final  judgment.  The  rules  of  practice  in  civil  cases  shall  apply  to  such 
suits,  except  as  herein  otherwise  provided. 

Limitation  of  actions. 

Sec.  2.  No  such  suit  shall  be  maintained  on  any  claim  now  existing, 
unless  the  same  be  brought  within  two  years  after  this  act  takes  effect; 
nor  shall  any  such  suit  be  maintained  on  any  cause  of  action  hereafter 


1966  APPENDIX. 

arising,  unless  the  same  shall  be  commenced  within  two  years  after  such 
cause  of  action  shall  have  accrued;  provided,  that  the  period  of  limita- 
tion provided  for  in  section  two  of  this  act  shall  not  apply  to  or  aifect 
the  rights,  interest,  or  claims  of  any  minor  or  insane  person,  or  a  person 
imprisoned  on  a  criminal  charge,  or  in  execution  under  a  sentence  of  a 
criminal  court  for  a  period  of  not  less  than  for  life,  or  a  married  woman 
and  her  husband  be  a  necessary  party  with  her  in  commencing  such  ac- 
tion, or  an  incompetent  person;  but  such  action  may  be  commenced  with- 
in the  period  above  provided  for  after  such  disability  shall  cease. 

Undertaking. 

Sec.  3.  At  the  time  of  filing  the  complaint  in  any  such  suit,  the  plain- 
tiff shall  file  therewith  an  undertaking,  in  such  sum,  not  less  than  five 
hundred  dollars,  as  a  judge  of  the  court  shall  fix,  with  two  sufficient  sure- 
ties, to  be  approved  by  a  judge  of  the  court,  and  conditioned  that,  in 
case  the  plaintiff'  fails  to  recover  judgment,  he  will  pay  all  costs  incurred 
by  the  state  in  such  suit,  including  a  reasonable  counsel  fee,  to  be  fixed 
by  the  court. 

Service  of  summons. 

Sec.  4.  Service  of  summons  in  such  suits  shall  be  made  on  the  gover- 
nor and  attorney-general.  It  shall  be  the  duty  of  the  attorney-general  to 
defend  all  such  suits;  and  upon  his  written  demand,  made  at  or  before 
the  time  of  answering,  the  place  of  trial  of  any  such  suit  must  be  changed 
to  the  county  of  Sacramento. 

Judgment. 

Sec.  5.  In  case  judgment  be  rendered  for  the  plaintiff  in  any  such 
suit,  it  shall  be  for  the  amount  actually  due  from  the  state  to  the  plain- 
tiff, with  legal  interest  thereon  from  the  time  the  obligation  accrued,  and 
without  costs. 

Duty  of  governor. 

Sec.  6.  It  shall  be  the  duty  of  the  governor  to  report  to  the  legisla- 
ture, at  each  session,  all  judgments  rendered  against  the  state  and  not 
theretofore  reported. 

Duty  of  controller. 

Sec.  7.  It  shall  be  the  duty  of  the  controller  to  draw  his  warrant  for 
the  payment  of  any  such  judgment,  without  any  presentation  to  or  ap- 
proval of  such  claim  by  the  state  board  of  examiners,  whenever  a  suffi- 
cient appropriation  for  such  payment  shall  have  been  made  by  the  legis- 
lature; and  all  claims  upon  such  judgments  are  hereby  expressly  ex- 
empted from  the  operation  of  section  six  hundred  and  seventy-two  of  the 
Political  Code. 

Sec.  8.     This  act  shall  take  effect  immediately. 


STATE.  1967 

An  Act  authorising  suits  against  the  state  concerning  certain  real  property 

and  regulating  the  -procedure  therein. 

[Approved  March  20,   1909;   Stats.  1909,  p.  605.] 

§  1.      Suit  against  state  to  quiet  title  iu  certain  cases. 

§  2.     Must  be  commenced  when. 

§  3.      Summons,  service  on  whom. 

Suit  against  state  to  quiet  title  in  certain  cases. 

Section  1.  In  all  cases  where  the  state  of  California  has  sold  any  land 
or  lands  to  any  person  or  persons  and  the  deed  or  patent  from  the  state 
of  California  therefor  has  been  lost  or  destroyed  and  was  never  recorded 
in  the  office  of  any  county  recorder  in  the  state  of  California,  the  per- 
son or  persons  claiming  or  deraigning  title  to  any  of  such  lauds  through 
any  such  lost  or  destroyed  deed  or  patent  is  and  are  hereby  authorized 
to  bring  suit  against  the  state  of  California  in  any  court  of  competent 
jurisdiction  of  said  state  to  quiet  title  to  said  land  or  any  portion  thereof, 
and  to  prosecute  the  Same  to  final  judgment.  The  rules  of  practice  in 
civil  cases  relating  to  suits  to  quiet  title  shall  apply  to  such  suits  as  may 
be  brought  under  this  authorization  except  as  otherwise  provided.  If 
judgment  be  given  against  the  state  in  any  such  suit,  no  costs  can  be  re- 
covered from  the  state  thereunder  and  before  any  judgment  can  be  given 
against  the  state  hereunder  it  must  be  made  to  appear  to  the  court  af- 
firmatively that  such  deed  or  patent  has  been  duly  issued  by  the  state. 

Must  be  commenced  when. 

Sec.  2.  Any  such  suits  to  quiet  title  shall  be  commenced  within  one 
year  after  this  act  takes  effect. 

Summons,  service  on  whom. 

Sec.  3.  Service  of  summons  in  such  suits  shall  be  made  on  the  gover- 
nor, surveyor-general  and  attorney-general.  It  shall  be  the  duty  of  the 
attorney-general  to  defend  all  such  suits. 

Sec.  4.     This  act  shall  take  effect  immediately. 

An  Act  to  authorize  Eobert  C.  Ball  to  sue  the  state  of  California. 
[Approved  March  24,  1891;   Stats.  1891,  p.  194.] 
The  nature  of  the  act  sufficiently  appears  from  its  title. 

An  Act  to  enable  the  CouUerville  and  Yosemite  Turnpil<e  Company,  a  cor- 
poration, to  sue  the  state  of  California  for  the  loss  and  damage  suffered  and 
sustained  by  said  corpm-ation,  by  the  construction  of  a  road  by  the  Yo- 
semite Turnpilce  Road  Company,  under  and  by  virtue  of  an  act  of  the 
legislature  of  the  state  of  California  entitled  "An  Act  granting  the  right 
of  way  to  the  Yosemite  Turnpike  Road  Company  over  the  Yosemile 
Grant,"  approved  February  17,  IS7J,  and  for  the  relief  of  said  Coulter-' 
ville  and  Yosemite  Turnpike  Company. 

[Approved  March  31,   1891;  Stats.  1891,  p.  275.] 
The  nature  of  the  act  sufiiciently  appears  from  its  title. 


1968  APPENDIX. 

An  Act  to  authorize  suits  against  the  state  concerning  certain  real  property, 

and  regulating  the  procedure  therein. 

[Approved  March  8,  1901;  Stats.  1901,  p.  111.] 

This  act  allowed  the  claimants  of  real  property  applied  for  by  and  sold 

to  one  Estell  as  part  of  the  five-hundred-thousand-acre  grant  to  sue  the 

state  to  quiet  title. 

An  Act  authorizing  suits  against  the  state  on  claims  or  demands  arising 
under  an  act  of  the  legislature  entitled  "An  Act  fixing  a  bounty  on 
coyote  scalps,"  approved  March  31,  1891,  and  regulating  the  procedure 
therein. 

[Approved  March  23,  1901;  Stats.  1901,  p.  646.] 

The  purpose  of  the  act  sufficiently  appears  from  its  title. 
STATUTE  OF  LIMITATIONS. 

An  Act  respecting  the  limitation  of  actions. 
[Approved  March  11,  1872;  Stats.  1871-72,  p.  319.] 

Bankers'  certificates  of  deposit. 

Section  1.  Where  bankers'  certificates  of  deposit  have  heretofore  been 
given  to  any  party  since  deceased  and  not  found  until  after  administra- 
tion of  his  or  her  estate,  an  action  may  be  maintained  thereon  by  the 
heirs  or  legal  representatives  at  any  time  within  six  months  after  such 
finding. 

Sec.  2.     This  act  shall  take  effect  from  and  after  its  passage. 

Act  superseded:    Code  Civ.  Proc,  §  348. 

An  Act  supplementary  to  an  act  entitled  An  Act  defining  the  time  for 
commencing  civil  actions,  passed  April  twenty-second,  eighteen  hundred 
and  fifty. 

[Approved  March  16,  1872;  Stats.  1871-72,  p.  401.] 

No  limitation  to  action  for  money  deposited  with  bankers. 

Section  1.  There  shall  be  no  limitation  upon  the  right  to  maintain  an 
action  for  the  recovery  of  money  or  other  property  deposited  with  any 
bank,  banker,  trust  company,  or  savings  and  loan  society. 

Conflicting  acts  repealed. 

See.  2.  All  acts  and  parts  of  acts  in  conflict  herewith,  so  far  as  the 
same  are  in  conflict,  are  hereby  repealed. 

Sec.  3.     This  act  shall  take  effect  from  and  after  its  passage. 

Codified  and  superseded:    Code  Civ.  Proc,  §  348. 

SUPREME  COURT  COMMISSION. 

Creation  and  abolition  of:    See  ante,  tit.  "Courts." 


APPENDIX— SUBJECTS  OF  PENAL  CODE. 

Gen.  Laws— 118  (1969) 


APPENDIX— SUBJECTS  OF  PENAL  CODE. 
ADULTERATION. 

Butter  and  cheese:   See  post,  tit.    "Butter." 
Olive-oil:  See  post,  tit.    "  Olive-oil." 


An  Act  to  prohibit  and  punish  the  sale  of  adulterated  syrup. 
[Approved  March  29,   1878;   Stats.   1877-78,  p.   695.] 
§  1.     Selling  adulterated  syrup. 
§  2.     Penalty. 
§  3.     Act  takes  effect  when. 

Selling  adulterated  syrup. 

Section  1.  Any  person  who  shall  knowingly  sell,  or  keep,  or  offer 
for  sale,  or  otherwise  dispose  of  any  syrup,  or  golden-drips  syrup, 
silver-drips  syrup,  or  molasses,  containing  muriatic  or  sulphuric  acids, 
or  glucose,  or  adulterated  with  any  other  substance  to  improve  the 
color  thereof,  shall  be  guilty  of  a  misdemeanor. 

Penalty. 

Sec.  2.  Any  person  violating  the  provisions  of  section  one  of  this 
act  shall  be  punished,  and  imprisoned  in  the  county  jail  of  the  county 
in  which  the  offense  is  committed  for  a  period  not  exceeding  six 
months,  or  by  a  fine  not  exceeding  five  hundred  dollars,  or  both. 

Act  takes  effect  when. 

Sec.  3.     This  act  shall  take  effect  from  and  after  its  passage. 

An  Act  to  prohibit  the  sophistication  and  adulteration  of  wine,  and  to 

prevent  fraud  in  the  manufacture  and  sale  thereof. 

[Approved  March  7,   1887;   Stats.  1887,  p.  46.] 

§     1.     Defining  pure  wine. 

§     2.      Prohibiting  deleterious  substitutes. 

§     3.     Prohibiting    use    of   materials    injurious    to    consumers,    for   promotion    of 

fermentation. 
§    4.      Unlawful  sale  of  impure  wines. 

(1971) 


1972  APPENDIX. 

5    5.  Excepting  champagne  and  sparkling  wine. 

§     6.  Penalty. 

§     7.  Labels. 

§     8.  Pure  California  wine.     Unlawful  use  of  stamps.      Crime   and  punishment. 

§     9.  Controller   to   keep   record   of   stamps. 

§  10.  Use  and  disposition  of  stamps.     Defining  crime  for  violation. 

§  11.  Act  takes  effect  when. 

Defining  pure  wine. 

Section  1.  For  the  purposes  of  this  act,  pure  wine  sTiall  be  defined 
as  follows:  The  juice  of  grapes  fermented,  preserved,  or  fortified  for 
use  as  a  beverage,  or  as  a  medicine,  by  methods  recognized  as  legiti- 
mate according  to  the  provisions  of  this  act;  unfermented  grape- 
juice,  containing  no  addition  of  distilled  spirits,  may  be  denominated 
according  to  popular  custom  and  demand,  as  wine  only  when  de- 
scribed as  "  unfermented  wine,"  and  shall  be  deemed  pure  only 
when  preserved  for  use  as  a  beverage  or  medicine,  in  accordance 
with  the  provisions  of  this  act.  Pure  grape-must  shall  be  deemed 
to  be  the  juice  of  grapes,  only  in  its  natural  condition,  whether 
expressed  or  mingled  with  the  pure  skins,  seeds,  or  stems  of  grapes. 
Pure  condensed  grape-must  shall  be  deemed  to  be  pure  grape-must 
from  which  water  has  been  extracted  by  evaporation,  for  purposes 
of  preservation  or  increase  of  saccharine  strength.  Dry  wine  is  that 
produced  by  complete  fermentation  of  saccharine  contained  in  must. 
Sweet  wine  is  that  which  contains  more  or  less  saccharine  appreci- 
able to  the  taste.  Fortified  wine  is  that  wine  to  which  distilled 
spirits  have  been  added  to  increase  alcoholic  strength,  for  purposes 
of  preservation  only,  and  shall  be  held  to  be  pure  when  the  spirits 
so  used  are  the  product  of  the  grape  only.  Pure  champagne,  or 
sparkling  wine,  is  that  which  contains  carbonic-acid  gas  or  effer- 
vescence produced  only  by  natural  fermentation  of  saccharine  matter 
of  must,  or  partially  fermented  wine  in  bottle. 

Prohibiting  deleterious  substitutes. 

Sec.  2.  In  the  fermentation,  preservation,  and  fortification  of  pure 
wine,  it  shall  be  specifically  understood  that  no  materials  shall  be 
used  intended  as  substitutes  for  grapes,  or  any  part  of  grapes;  no 
coloring  matters  shall  be  added  which  are  not  the  pure  product  of 
grapes  during  fermentation,  or  by  extraction  from  grapes  with  the 
aid    of    pure-grape    spirits;    no    foreign    fruit-juices,    and    no    spirits 


ADULTERATION.  1973 

importetl  from  foreign  countries,  whether  pure  or  compounded  with 
fruit-juices  or  other  material  not  the  pure  product  of  grapes,  shall 
be  used  for  any  purpose;  no  aniline  dyes,  salicylic  acid,  glycerine, 
alum,  or  other  chemical  antiseptics  or  ingredients  recognized  as 
deleterious  to  the  health  of  consumers,  or  as  injurious  to  the  reputa- 
tion of  wine  as  pure,  shall  be  permitted;  and  no  distilled  spirits 
shall  be  added  except  for  the  sole  purpose  of  preservation  and  with- 
out the  intention  of  enabling  trade  to  lengthen  the  volume  of  forti- 
fied dry  wine  by  the  addition  of  water,  or  other  wine  weaker  in  alco- 
holic strength. 

Prohibiting  use  of  materials  injurious  to  consumers,  for  promotion  of 

fermentation. 

Sec.  3.  In  the  fermentation  and  preservation  of  pure  wine,  and 
during  the  operations  of  fining,  or  clarifying,  removing  defects, 
improving  qualities,  blending  and  maturing,  no  methods  shall  be 
employed  which  essentially  conflict  with  the  provisions  of  the  pre- 
ceding sections  of  this  act,  and  no  materials  shall  be  used  for  the 
promotion  of  fermentation,  or  the  assistance  of  any  of  the  operations 
of  wine  treatment,  which  are  injurious  to  the  consumer  or  the  repu- 
tation of  wine  as  pure;  provided,  that  it  shall  be  expressely  under- 
stood that  the  practices  of  using  pure  tannin  in  small  quantities, 
leaven  to  excite  fermentation  only,  and  not  to  increase  the  material 
for  the  production  of  alcohol;  water  before  or  during,  but  not  after 
fermentation,  for  the  purpose  of  decreasing  the  saccharine  strength 
of  musts  to  enable  perfect  fermentation;  and  the  natural  products 
of  grapes  in  the  pure  forms  as  they  exist  in  pure  grape-musts,  skins, 
and  seeds;  sulphur-fumes  to  disinfect  cooperage  and  prevent  disease 
in  wine;  and  pure  gelatinous  and  albuminous  substances,  for  the  sole 
purpose  of  assisting  fining,  or  clarification,  shall  be  specifically  per- 
mitted in  the  operations  hereinbefore  mentioned,  in  accordance  with 
recognized   legitimate   custom. 

Unlawful  sale  of  impure  wines. 

Sec.  4.  It  shall  be  unlawful  to  sell,  or  expose,  or  offer  to  sell 
under  the  4ame  of  wine,  or  grape-musts,  or  condensed  musts,  or 
under  any  names  designating  pure  wines,  or  pure  musts  as  herein- 
before  classified   and   defined,   or   branded,   labeled,   or   designated   in 


1974  APPENDIX. 

any  way  as  wine  or  musts,  or  by  any  name  popularly  and  com- 
mercially used  as  a  designation  of  wine  produced  from  grapes,  such 
as  claret,  burgundy,  hock,  sauterne,  port,  sherry,  madeira,  and 
angelica,  any  substance,  or  compound,  except  pure  wine,  or  pure 
grape-must  or  pure  grape  condensed  must,  as  defined  by  this  act,  and 
produced  in  accordance  with  and  subject  to  restrictions  herein  set 
forth;  provided,  that  this  act  shall  not  apply  to  liquors  imported  from 
any  foreign  country,  which  are  taxed  upon  entry  by  custom  laws  in 
accordance  with  a  specific  duty,  and  contained  in  original  packages 
or  vessels,  and  prominently  branded,  labeled,  or  marked,  so  as  to  be 
known  to  all  persons  as  foreign  products,  excepting,  however,  when 
such  liquor  shall  contain  adulterations  of  artificial  coloring  matters, 
antiseptic  chemicals,  or  other  ingredients  known  to  be  deleterious 
to  the  health  of  consumers;  and  provided  further,  that  this  act  shall 
not  apply  to  currant-wine,  gooseberry-wine,  or  wines  made  from 
other  fruits  than  the  grape,  which  are  labeled  or  branded  and  desig- 
nated, and  sold,  or  offered  or  exposed  for  sale  under  names,  includ- 
ing the  word  wine,  but  also  expressing  distinctly  the  fruit  from 
which  they  are  made,  as  gooseberry-wine,  elderberry-wine,  or  the 
like.  Any  violation  of  any  of  the  provisions  of  any  of  the  preceding 
sections  shall  be  a  misdemeanor. 

Excepting  champagne  and  sparkling  wine. 

Sec.  5.  Exceptions  from  the  provisions  of  this  act  shall  be  made 
in  the  case  of  pure  champagne,  or  sparkling  wine,  so  far  as  to  permit 
the  use  of  crystallized  sugar  in  sweetening  the  same  according  to 
usual  customs,  but  in  no  other  respect. 

Penalty. 

Sec.  6.  In  all  sales  and  contracts  for  sale,  production,  or  delivery 
of  products  defined  in  this  act,  such  products,  in  the  absence  of  a 
written  agreement  to  the  contrary,  shall  be  presumed  to  be  pure,  as 
herein  defined,  and  such  sale  or  contracts  shall,  in  the  absence  of 
such  an  agreement,  be  void,  if  it  be  established  that  the  products  so 
sold  or  contracted  for  were  not  pure  as  herein  defined;  and  in  such 
case  the  concealment  of  the  true  character  of  such  products  shall 
constitute  actual  fraud  for  which  damages  may  be  recovered,  and  in 


ADULTERATION.  1975 

a  judgment  for  damages,  reasonable  attorney  fees,  to  be  fixed  by  the 
court,  shall.be  taxed  as  costs. 

Labels. 

Sec.  7.  The  controller  of  the  state  shall  cause  to  have  engraved 
plates,  from  which  shall  be  printed  labels,  which  shall  set  forth  that 
the  wine  covered  by  such  labels  is  pure  California  wine,  in  accord- 
ance with  this  act,  and  leaving  blanks  for  the  name  of  the  par- 
ticular kind  of  wine  and  the  name  or  names  of  the  seller  of  the 
wine  and  place  of  business.  These  labels  shall  be  of  two  forms  or 
shapes,  one  a  narrow  strip  to  cap  over  the  corks  of  bottles,  the  other 
a  round  or  square,  and  sufficiently  large,  say  three  inches  square,  to 
cover  the  bungs  of  packages  in  which  wine  is  sold.  Such  labels  shall 
be  furnished  upon  proper  application  to  actual  residents,  and  to  be 
used  in  this  state  only,  and  only  to  those  who  are  known  to  be 
growers,  manufacturers,  traders,  or  handlers  or  bottlers  of  California 
wine;  and  such  parties  will  be  required  to  file  a  sworn  statement 
with  said  controller,  setting  forth  that  his  or  their  written  applica- 
tion for  such  labels  is  and  will  be  for  his  or  their  sole  use  and 
benefit,  and  that  he  or  they  will  not  give,  sell,  or  loan  such  label  to 
any  other  person  or  persons  whomsoever.  Such  labels  shall  be  paid 
for  at  the  same  rate  and  price  as  shall  be  found  to  be  the  actual  cost 
price  to  the  state,  and  shall  be  supplied  from  time  to  time  as  needed 
upon  the  written  application  of  such  parties  as  are  before  men- 
tioned. Such  label,  when  affixed  to  bottle  or  wine  package,  shall  be 
so  affixed  that  by  drawing  the  cork  from  bottle  or  opening  the  bung 
of  package,  such  label  shall  be  destroyed  by  such  opening;  and  before 
affixing  such  labels  all  blanks  shall  be  filled  out,  by  stating  the 
variety  or  kind  of  wine  that  is  contained  in  such  bottle  or  package, 
and  also  by  the  name  or  names  and  post-office  address  of  such  grower, 
manufacturer,  trader,  handler,  or  bottler  of  such  wine. 

Pure  California  wine.    Unlawful  use  of  stamps.    Crime  and  punish- 
ment. 

Sec.  8.  It  is  desired  and  required  that  all  and  every  grower, 
manufacturer,  trader,  handler,  or  bottler  of  California  wine,  when 
selling  or  putting  up  for  sale  any  California  wine,  or  when  shipping 


1976  APPENDIX. 

California  wine  to  parties  to  whom  sold,  shall  plainly  stencil,  brand, 
or  have  printed  where  it  will  be  easily  seen,  first,  "  Pure  California 
wine,"  and  secondly  his  name,  or  the  firm's  name,  as  the  case  may  be, 
both  on  label  of  bottle  or  package  in  which  wine  is  sold  and  sent; 
or  he  may  in  lieu  thereof,  if  he  so  prefers  and  elects,  affix  the  label 
which  has  been  provided  for  in  section  seven.  It  shall  be  unlawful 
to  affix  any  such  stamp  or  label  as  above  provided  to  any  vessel 
containing  any  substance  other  than  pure  wine  as  herein  defined,  or 
to  prepare,  or  use  on  any  vessel  containing  any  liquid,  any  imitation 
or  counterfeit  of  such  stamp,  or  any  paper  in  the  similitude  or 
resemblance  thereof,  or  any  paper  of  such  form  and  appearance  as  to 
be  calculated  to  mislead  or  deceive  any  unwary  person,  or  cause  him 
to  suppose  the  contents  of  such  vessel  to  be  pure  wine.  It  shall  be 
unlawful  for  any  person  or  persons,  other  than  the  ones  for  whom 
such  stamps  we-.'e  procured,  to  in  any  way  use  such  stamps,  or  to  have 
possession  of  the  same.  A  violation  of  any  of  the  provisions  of  this 
section  shall  be  a  misdemeanor,  and  punishable  by  fine  of  not  less 
than  fifty  dollars  and  not  more  than  five  hundred  dollars,  or  by 
imprisonment  in  the  county  jail  for  a  term  of  not  exceeding  ninety 
days,  or  by  both  such  fine  and  imprisonment.  All  moneys  collected 
by  v/i-i„e  of  prosecutions  had  against  persons  violating  any  provisions 
of  this  or  aiijr  preceding  sections,  shall  go,  one  half  to  the  informer, 
and  one  half  to  the  disfript  attorney  prosecuting  the  same. 

Controller  to  keep  record  of  stamps. 

Sec.  9.  It  shall  be  the  duty  of  the  controller  to  keep  an  account, 
in  a  book  to  be  kept  for  that  purpose,  of  all  stamps,  the  number, 
design,  time  when,  and  to  whom  furnished.  The  pan'-.ies  procuring 
the  same  are  hereby  required  to  return  to  the  controller  sevmi-annual 
statements,  under  oath,  setting  forth  the  number  used,  and  how"  many 
remains  on  hand.  Any  violation  of  this  section,  by  the  person  re- 
ceiving such  stamps,  is  a  misdemeanor. 

Use  and  disposition  of  stamps.     Defining  crime  for  violation. 

Sec.  10.  It  shall  be  the  duty  of  any  and  all  persons  receiving  such 
stamps  to  use  the  same  only  in  their  business,  in  no  manner  or  in  no 
wise  to  allow  the  same  to  be  disposed  of  except  in  the  manner  author- 
ized  by   this   act;   to   not   allow   the   same   to   be   used   by   any   other 


ADULTERATION.  1877 

person  or  persons.  It  shall  be  their  duty  to  become  satisfied  that  the 
wine  contained  in  the  barrels  or  bottles  is  all  that  said  label  imports 
as  defined  by  this  act.  That  they  will  use  the  said  stamps  only  in 
this  state,  and  shall  not  permit  the  same  to  part  from  their  pos- 
session, except  with  the  barrels,  packages,  or  bottles  upon  which  they 
are  placed  as  provided  by  this  act.  A  violation  of  any  of  the  pro- 
visions of  this  section  is  hereby  made  a  felony. 

Act  takes  effect  when. 

See.  11.     This  act   shall   take   effect   and  be  in  force   ninety   days 
after  its  passage. 


An  Act  to  prevent  deception  in  the  manufacture  and  sale  of  California 
wines  by  establishing  a  uniform  wine  nomenclature  for  pure  wines,  to 
secure  its  enforcement,  and  to  provide  a  penalty  for  the  violation  of 
the  provisions  thereof. 

[Approved  March  6,  1907;   Stats.  1907,  p.  127.] 

§  1.      Uniform  wine  nomenclature. 

§  2.     Unlawful  to   use  prefix   on   impure  wines. 

§  3.     Same. 

§  4.      Pure  wine  defined. 

§  5.      Penalty  for  violation  of  act. 

§  6.     Act  takes  effect  when. 

Uniform  wine  nomenclature. 

Section  1.  A  uniform  wine  nomenclature  is  hereby  adopted  for 
pure  wines  manufactured  in  this  state  from  the  juice  of  the  grape. 
Such  wine  nomenclature  shall  consist  in  the  use  of  the  prefix  "  Cal " 
or  "  Gala  "  to  the  name  of  any  kind,  type,  name  or  abbreviation  of 
name  of  wine,  as  for  example:  "  Calclaret,"  "  Calburgundy,"  "  Cala- 
riesling,"  etc.,  in  stamping  or  labeling  such  wines. 

Unlawful  to  use  prefix  on  impure  wines. 

Sec.  2.  And  it  shall  be  unlawful  for  any  person,  firm  or  cor- 
poration, in  this  state,  to  use  such  prefix  in  connection  with  wine 
nomenclature  upon  any  imprint,  label,  trade-mark,  tag,  stamp,  sten- 
cil, paper,  or  brand,  or  other  inscription  or  device,  placed  or  im- 
pressed   upon    any    vessel,    bottles,    cask,    barrel,    case,    or    package, 


Id'tS  APPENDIX. 

containing  any  liquid  substance  other  than  pure  wine  of  California 
manufacture,  made  from  the  juice  of  the  grape;  or  to  use  in  mark- 
ing, branding,  stamping,  stenciling,  tagging,  or  labeling  any  vessel, 
bottle,  cask,  barrel,  case,  or  package  containing  any  liquid  other 
than  pure  wine  of  California  manufacture,  made  from  the  juice  of 
the  grape,  any  imitation  or  counterfeit  of  such  nomenclature,  or  any 
paper  or  brand  in  the  similitude  or  resemblance  thereof,  or  any 
paper  or  brand  of  such  form  and  appearance  as  to  be  calculated  to 
mislead  or  deceive  any  unwary  person  or  cause  him  to  suppose  the 
contents  thereof  to  be  pure  wine  of  California  manufacture,  origin 
or  production,  made  from  the  juice  of  the  grape. 

Same. 

Sec.  3.  And  it  shall  be  unlawful  for  any  person,  firm,  or  corpora- 
tion, in  this  state,  to  sell  or  offer  for  sale,  or  have  in  his  or  its 
possession,  for  sale,  any  liquid  substance  marked,  branded  or  labeled 
by  the  use  of  such  wine  nomenclature  aforesaid,  or  by  the  use  of 
any  mark,  or  brand,  or  stencil  in  semblance  thereof,  unless  the  same 
be  pure  wine  of  California  manufacture,  made  from  the  juice  of  the 
grape. 

Pure  wine  defined. 

Sec.  4,  For  the  purposes  of  this  act,  pure  wine  shall  be  sucli  as 
is  defined  to  be  pure  wine  under  the  provisions. of  the  laws  of  the 
United  States  relating  to  the  fortification  of  pure  sweet  wines,  and 
of  the  food  and  drugs  act,  adopted  by  the  Congress  of  the  United 
States,  and  approved  June  30th,  1906,  and  under  laws  of  the  state  of 
California  now  or  hereafter  adopted. 

Penalty  for  violation  of  act. 

Sec.  5.  Whoever  violates  any  of  the  provisions  or  sections  of  this 
act  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall,  upon  con- 
viction thereof,  be  punished  by  a  fine  of  not  less  than  one  hundred 
dollars  ($100.),  nor  more  than  one  thousand  dollars  ($1000.),  or  by 
imprisonment  in  the  county  jail  for  not  less  than  thirty  days,  nor 
more  than  six  months,  or  by  both  such  fine  and  imprisonment,  in  the 
discretion  of  the  court. 

Act  takes  effect  when. 

Sec.  6.     This  act  shall  take  effect  sixty  days  after  its  passage. 


ADULTERATION.  1979' 

An  Act  to  provide  against  the  adulteration  of  food  and  drugs. 
[Approved  March  26,  1895;  Stats.  1895,  p.  71.] 
§  1.     Adulterated  drugs  or  food. 
§2.      "Drug"    defined.      "Food"    defined. 

§  3.     Drug  adulteration  defined.     Food  adulteration  defined.     Exceptions. 
§  4.     Must  furnish,  samples  for  analysis. 
§  5.     Penalty. 
§  6.     Act  takes  eflfect  when. 

Adulterated  drugs  or  food. 

Section  1.  No  person  shall,  within  this  state,  nianiifaotiiro  for 
sale,  offer  for  sale,  or  sell  any  drug  or  article  of  food  vvtiich  is 
adulterated  within  the  meaning  of  this  act. 

"  Drug  "  defined.     "  Food  "  defined. 

Sec.  2.  The  term  "  drug,"  as  used  in  this  act,  shall  include  all 
medicines  for  internal  or  external  use,  antiseptics,  disinfectants,  and 
cosmetics.  The  term  "  food,"  as  used  herein,  shall  include  all  articles 
used  for  food  or  drink  by  man,  whether  simple,  mixed,  or  compound. 

Drug  adulteration  defined.     Food  adulteration  defined.    Exceptions. 

Sec.  3.  Any  article  shall  be  deemed  to  be  adulterated  within  the 
meaning  of  this  act: 

(a)  In  the  case  of  drugs:  (1)  If,  when  sold  under  or  by  a  name 
recognized  in  the  United  States  Pharmacopoeia,  it  differs  from  the 
standard  of  strength,  quality,  or  purity  laid  down  therein.  (2)  If, 
when  sold  under  or  by  a  name  not  recognized  in  the  United  States 
Pharmacopoeia,  but  which  is  found  in  some  other  pharmacopoeia  or 
other  standard  work  on  materia  medica,  it  differs  materially  from  the 
standard  of  strength,  quality,  or  purity  laid  down  in  such  work. 
(3)  If  its  strength,  quality,  or  purity  falls  below  the  professed 
standard  under  which  it  is  sold. 

(b)  In  the  case  of  food:  (1)  If  any  substance  or  substances  hav'e 
been  mixed  with  it,  so  as  to  lower  or  depreciate,  or  injuriously 
affect  its  quality,  strength,  or  purity.  (2)  If  any  inferior  or  cheaper 
substance  or  substances  have  been  substituted  wholly  or  in  ])art  for 
it.  (3)  If  any  valuable  or  necessary  constituent  or  ingredient  has 
been  wholly  or  in  part  abstracted  from  it.  (4)  If  it  is  an  imitation 
of,  or  is  sold  under  the  name  of,  another  article.  (5)  If  it  consists 
wholly,  or  in  part,  of  a  diseased,  decomposed,  putrid,  infected,  tainted, 


1980  APPENDIX. 

or  rotten  animal  or  vegetable  substance  or  article,  whether  manu- 
factured or  not;  or  in  the  case  of  milk,  if  it  is  the  produce  of  a 
diseased  animal.  (6)  If  it  is  colored,  coated,  polished,  or  powdered, 
whereby  damage  or  inferiority  is  concealed,  or  if  by  any  means  it  is 
made  to  appear  better  or  of  greater  value  than  it  really  is.  (7)  If  it 
contains  any  added  substance  or  ingredient  which  is  poisonous  or 
injurious  to  health. 

Provided,  that  the  provisions  of  this  act  shall  not  apply  to  mix- 
tures or  compounds  recognized  as  ordinary  articles  or  ingredients  of 
articles  of  food,  if  each  and  every  package  sold  or  offered  for  sale 
be  distinctly  labeled  as  mixtures  or  compounds,  with  the  name  and 
per  cent  of  each  ingredient  therein,  and  are  not  injurious  to  health. 

Must  furnish  samples  for  analysis. 

Sec.  4.  Every  person  manufacturing,  exposing  or  offering  for  sale, 
or  delivering  to  a  purchaser,  any  drug  or  article  of  food  included 
in  the  provisions  of  this  act,  shall  furnish  to  any  person  interested, 
or  demanding  the  same,  who  shall  apply  to  Mm  for  the  purpose,  and 
shall  tender  him  the  value  of  the  same,  a  sample  sufficient  for  the 
analysis  of  any  such  drug  or  article  of  food  which  is  in  his  possession. 

Penalty. 

Sec.  5.  Whoever  refuses  to  comply,  upon  demand,  with  the  re- 
quirements of  section  four,  and  whoever  violates  any  of  the  pro- 
visions of  this  act,  shall  be  guilty  of  a  misdemeanor,  and  shall  be 
fined  not  exceeding  one  hundred  nor  less  than  twenty-five  dollars,  or 
imprisoned  in  the  county  jail  not  exceeding  one  hundred  nor  less 
than  thirty  days,  or  both.  And  any  person  found  guilty  of  manu- 
facturing, offering  for  sale,  or  selling,  an  adulterated  article  of  food 
or  drug  under  the  provisions  of  this  act  shall  be  adjudged  to  pay, 
in  addition  to  the  penalties  hereinbefore  provided  for,  all  the  neces- 
sary costs  and  expenses  incurred  in  inspecting  and  analyzing  such 
adulterated  articles  of  which  said  person  may  have  been  found  guilty 
of  manufacturing,  selling,  or  offering  for  sale. 

Act  takes  effect  when. 

Sec.  6.  This  act  shall  be  in  force  and  take  effect  from  and  after 
its  passage. 

Codification  of  sections  of  this  act.     §§1,  2,  3,  with  the  exception  of  the 
proviso,  were  codified  in  §  383  of  the  Penal  Code, 


ADULTERATION.  1981 

An  Act  to  prevent  the  sale  of  imitation  or  adulterated  honey,  and  to 
provide  a  punishment  therefor. 

[Approved  March  26,   1895;    Stats.   1895,  p.  94.] 

This  act  was  superseded  by  the  following  act: 


An  Act  to  prohibit  the  adulteration  of  honey,  and  to  provide  a  punish- 
^ment  therefor. 
[Approved  February  23,  1897;   Stats.  1897,  p.  12.] 
§  1.      Manufacture    of    adulterated    honey    prohibited. 
§  2.      Sample  for  analysis. 
§  3.      Extracted  honey. 
§  4.     Penalties. 
§  5.     Act  takes  effect  when. 

Manufacture  of  adulterated  honey  prohihited. 

Section  1.  No  person  shall,  within  this  state,  manufacture  for 
sale,  offer  for  sale,  or  sell  any  extracted  honey  which  is  adulterated 
by  the  admixture  therewith  of  either  refined  or  commercial  glucose, 
or  any  other  substance  or  substances,  article  or  articles  which  may 
in  any  manner  affect  the  purity  of  the  honey. 

Sample  for  analysis. 

Sec.  2.  Every  person  manufacturing,  exposing,  or  offering  for 
sale,  or  delivering  to  a  purchaser  any  extracted  honey,  shall  furnish 
to  any  person  interested,  or  demanding  the  same,  who  shall  apply  to 
him  for  the  purpose,  and  tender  him  the  value  of  the  same,  a  sample 
sufficient  for  the  analysis  of  any  such  extracted  honey  which  is  in 
his  possession. 

Extracted  honey. 

Sec.  3.  For  the  purposes  of  this  act,  "  extracted  honey "  is  the 
transformed  nectar  of  flowers,  which  nectar  is  gathered  by  the  bee 
from  natural  sources,  and  is  extracted  from  the  comb  after  it  has 
been  stored  by  the  bee. 

Penalties. 

Sec.  4.  Whoever  violates  any  of  the  provisions  of  this  act  is 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall  be  fined 


1982  APPENDIX. 

not  less  than  twenty-five  nor  more  than  four  hundred  dollars,  or 
imprisoned  in  the  county '  jail  not  less  than  twenty-five  daya  nor 
more  than  six  months,  or  both  such  fine  and  imprisonment.  And 
any  person  found  guilty  of  manufacturing,  offering  for  sale,  or  selling 
any  adulterated  honey  under  the  provisions  of  this  act  may,  in  the 
discretion  of  the  court,  be  adjudged  to  pay,  in  addition  to  the  penal- 
ties hereinbefore  provided  for,  all  necessary  costs  and  expenses,  not 
to  exceed  fifty  dollars,  incurred  in  analyzing  such  adulterated  honey 
of  which  such  person  may  have  been  foifnd  guilty  of  manufacturing, 
selling,  or  offering  for  sale. 

Act  takes  effect  when. 

Sec.  5.     This  act  shall  be  in  force  and  take  effect  from  and  after 
its  passage. 


An  Act  to  prevent  the  adulteration  of  paints,  oils,  varnishes  and  pig- 
ments, 
[Approved  March  22,   1907;   Stats.   1907,  p.  852.] 
§  1.     Adulteration  of  paints  prohibited. 
.    §  2.     What  shall  be  deemed  adulterated. 
§  3.     Misdemeanor. 

Adulteration  of  paints  prohibited. 

Section  1.  No  person  shall  within  this  state  manufacture  for  sale, 
offer  for  sale  or  sell  any  article,  mixture,  compound  or  substance, 
used  in  making  paints,  oils,  varnishes  or  pigments,  which  is  adulter- 
ated within  the  meaning  of  this  act. 

What  shall  be  deemed  adulterated. 

Sec.  2.  Any  article  shall  be  deemed  adulterated  within  the  mean- 
ing of  this  act: 

1.  In  case  of  oils,  turpentines,  alcohol  or  other  vehicles: 

(a)  If  it  contains  any  other  substance  or  substances,  ingredient  or 
ingredients,  different  from  the  article  under  the  name  of  which  it  ia 
offered  for  sale  or  sold; 

(b)  If  any  substance  has  been  mixed  with  it  so  as  to  lower, 
depreciate  or  injuriously  affect  the  quality,  strength  or  purity  of 
the  article; 


ADULTERATION.  1983 

(c)  If  any  inferior  or  cheaper  substance  or  substances  have  been 
substituted  wholly  or  in  part  for  it; 

(d)  If  it  is  an  imitation,  or  is  sold  under  the  name  of  any  other 
article, 

2.  In  case  of  lead,  zinc,  ochcr  or  other  metal,  mineral  or  chemical 
paints,  or  any  or  other  pigments  in  paste  form  and  labeled  pure, 
used  in  the  painting  or  decorating  industry: 

(a)  If  any  substance  which  lowers,  depreciates  or  injuriously 
affects  the  quality,  strength  or  purity  of  the  article  has  been  mixed 
with  it,  or  substituted  wholly  or  in  part   for  it; 

(b)  If  it  is  an  imitation  of  any  other  article. 

Misdemeanor. 

Sec.  3.  Every  person  who  adulterates  or  dilutes  any  article  men- 
tioned in  this  act  and  sells  or  offers  for  sale  the  same  so  diluted  or 
adulterated,  as  undiluted  and  unadulterated,  and  every  person  who 
sells  or  offers  for  sale  a  different  article  without  informing  the  pur- 
chaser of  such  difference,  and  every  person  who  violates  any  of  the 
provisions  of  this  act  is  guilty  of  a  misdemeanor. 

Act  for  prevention  of  the  manufacture,  sale,  or  transportation  of  adulterated, 
mislabeled,  or  misbranded  drugs:   See  post.  Appendix,  tit.    "  Drugs." 


An  Act  for  preventing  the  manufacture,  sale  or  transportation  of  adul- 
terated, mislabeled  or  misbranded  foods  and  liquors  and  regulating  the 
traffic  therein,  providing  penalties,  estahlishing  a  state  laboratory  for 
foods,  liquors  and  drugs  and  making  an  appropriation  therefor. 

[1.  Approved  March  11,  1907;  Stats.  1907,  p.  208.  2.  Amended  February  22, 
1909;  Stats.  1909,  p.  51.  3.  Amended  March  13,  1909;  Stats.  1909,  p. 
353.] 

§     1.     Manufacture  and  sale  of  adulterated  food  prohibited. 

§     2.      Definition  of  term     "  food." 

§     3.      Standard  of  purity. 

§     4.      What  constitutes  adulteration  of  food. 

§     5.      To  what  the  term     "  misbranded  "     applies. 

§     6.     Food,  mislabeled  or  misbranded,  what  shall  be  deemed  as. 

§     7.      Definition  of  the  term    "package." 

§     8.      Posse.ssion  of  adulterated  food. 

§  9.  State  laboratory  established.  Director  of  laboratory.  Salary.  Clerical 
assistants. 

§  10.      Suspected  food  to  be  analyzed  by  state  board  of  health.     Duty  of  sheriffs. 


1984  APPENDIX. 

§  H.  Evidence  to  be  reported  to  district  attorney. 

§  12.  Unlawful  to  conceal  food. 

§  13.  Report  to  state  board  of  health. 

§  14.  Certificate  of  director. 

§  15.  Annual  report  of  director  of  state  laboratory. 

§  16.  Hearings   for  violations  of  act. 

§  17.  Sheriff  to  purchase  samples  of  alleged  adulterated  food. 

§  18.  Fees  of  sheriff. 

§  19.  Duty  of  district  attorney. 

§  20.  Penalty  for  violation  of  act. 

§  21.  Disposition  of  fines. 

§  22.  Guaranty  of  jobber  protects  dealer. 

§  23.  Appropriation. 

§  24.  Act  prohibits  manufacture  after  what  date. 

§  25.  Repeal  of  conflicting  acts. 

§  26.  Act  takes  effect  when. 

Manufacture  and  sale  of  adulterated  food  prohibited. 

Section  1.  The  manufacture,  production,  preparation,  compound- 
ing, packing,  selling,  offering  for  sale  or  keeping  for  sale  within  the 
state  of  California,  or  the  introduction  into  this  state  from  any  other 
state,  territory,  or  the  District  of  Columbia,  or  from  any  foreign 
country,  of  any  article  of  food  or  liquor  which  is  adulterated,  mis- 
labeled or  misbranded  within  the  meaning  of  this  act  is  hereby 
prohibited.  Any  person,  firm,  company,  or  corporation  who  shall 
import  or  receive  from  any  other  state  or  territory  or  the  District  of 
Columbia  or  from  any  foreign  country,  or  who  having  so  received 
shall  deliver  for  pay  or  otherwise,  or  offer  to  deliver  to  any  other 
person,  any  article  of  food  or  liquor  adulterated,  mislabeled  or  mis- 
branded  within  the  meaning  of  this  act,  or  any  person  who  shall 
manufacture  or  produce,  prepare  or  compound,  or  pack  or  sell,  or 
offer  for  sale,  or  keep  for  sale,  in  the  state  of  California  any  such 
adulterated,  mislabeled  or  misbranded  food,  or  liquor  shall  be  guilty 
of  a  misdemeanor^  provided  that  no  article  of  food  shall  be  deemed 
adulterated,  mislabeled  or  misbranded  within  the  provisions  of  this 
act,  when  prepared  for  export  beyond  the  jurisdiction  of  the  United 
States  and  prepared  or  packed  according  to  specifications  or  direc- 
tions of  the  foreign  purchaser,  when  no  substance  is  used  in  the 
preparation  or  packing  thereof  in  conflict  with  the  laws  of  the 
foreign  country  to  which  said  article  is  intended  to  be  shipped;  but 
if  such  foods  shall  be  in  fact   sold,   or  kept  or  offered   for   sale  for 


ADULTERATION.  1985 

domestic   uses  and   consumjition,   theu   this   proviso   shall   not   exempt 
said  article  from  the  operation  of  any  provisions  of  this  act. 

Definition  of  term  "  food." 

Sec.  2.  The  term  "  food  "  as  used  in  this  act  shall  include  all 
articles  used  for  food,  drink,  liquor,  confectionery  or  condiment  by 
man  or  other  animals,  whether  simple,  mixed,  or  compound. 

Standard  of  purity. 

Sec.  3.  The  standard  of  purity  of  food  and  liquor  shall  be  that 
proclaimed  by  the  Secretary  of  the  United  States  Department  of 
Agriculture. 

What  constitutes  adulteration  of  food. 

Sec.  4.  Food  shall  be  deemed  adulterated  within  the  meaning  of 
this  act,  in  any  of  the  following  cases: 

First:  If  any  substance  has  been  mixed  or  packed,  or  mixed  and 
packed  with  the  food  so  as  to  reduce  or  lower  or  injuriously  affect 
its  quality,  purity,  strength,  or  food  value. 

Second:  If  any  substance  has  been  substituted  wholly  or  in  part 
for  the  article  of  food. 

Third:  If  any  essential  or  any  valuable  constituent  or  ingredient 
of  the  article  of  food  has  been  wholly  or  in  part  abstracted. 

Fourth:  If  it  be  mixed,  colored,  powdered,  coated  or  stained  in 
any  manner  whereby  damage  or  inferiority  is  concealed. 

Fifth:  If  it  contain  any  added  poisonous  or  other  added  dele- 
terious ingredient. 

Sixth:  If  it  consists  in  whole  or  in  part  of  a  filthy,  decomposed 
or  putrid  animal  or  vegetable  substance,  or  any  portion  of  an  animal 
or  vegetable  unfit  for  food  whether  manufactured  or  not,  or  if  it  is 
the  product  of  a  diseased  animal  or  one  that  has  died  otherwise 
than  by  slaughter;  provided  that  an  article  of  liquor  shall  not  be 
deemed  adulterated,  mislabeled  or  misbrauded  if  it  be  blended  or 
mixed  with  like  substances  so  as  not  to  injuriously  reduce  or  in- 
juriously lower  or  injuriously  affect  its  quality,  purity  or  strength. 

Seventh:  In  the  case  of  confectionery:  If  it  contains  terra-alba, 
barytes,  talc,  chrome  yellow,  or  other  mineral  substance  or  poison- 
ous color  or  flavor,  or  other  ingredient  deleterious  or  detrimental  to 


1986  APPENDIX. 

health,  or  any  vinous,  malt,  or  spirituous  liquor  or  compound  or 
narcotic  drug. 

Eighth:  In  the  case  of  vinegar:  If  it  be  artificially  colored. 

Ninth:  If  it  does  not  conform  to  the  standard  of  purity  therefor 
as  proclaimed  by  the  Secretary  of  the  United  States  Department  of 
Agriculture.  [Amendment.  Approved  March  13,  1909;  Stats.  1909, 
p.  353.] 

To  what  the  term  "  misbramded "  applies. 

Sec.  5.  That  the  term  "  misbranded "  as  used  herein  shall  apply 
to  all  articles  of  food,  or  articles  which  enter  into  the  composition 
of  food,  the  package  or  label  of  which  shall  bear  any  statement, 
design  or  device  regarding  such  article,  or  the  ingredients  or  sub- 
stances contained  therein  which  shall  be  false  or  misleading  in  any 
particular,  and  to  any  food  product  which  is  falsely  branded  as  to 
the  county,  city  and  county,  city,  town,  state,  territory,  District  of 
Columbia  or  foreign  country  in  which  it  is  manufactured,  or  pro- 
duced. 

Food,  mislabeled  or  misbranded,  what  shall  be  deemed  as. 

Sec.  6.  Food  and  liquor  shall  be  deemed  mislabeled  or  misbranded 
within  the  meaning  of  this  act  in  any  of  the  following  cases: 

First.  If  it  be  an  imitation  of  or  offered  for  sale  under  the 
distinctive  name  of  another  article  of  food. 

Second.  If  it  be  labeled  or  branded  or  colored  so  as  to  deceive 
or  mislead,  or  tend  to  deceive  or  mislead  the  purchaser;  or  if  it 
be  falsely  labeled  in  any  respect,  or  if  it  purport  to  be  a  foreign 
product  tend  to  mislead  the  purchaser,  or  purport  to  be  a  foreign 
product  when  not  so,  or  if  the  contents  of  the  package  as  originally 
put  up  shall  have  been  removed,  in  whole  or  in  part,  and  other 
contents  shall  have  been  placed  in  such  package. 

Third.  If  in  package  form,  and  the  contents  are  stated  in  terms 
of  weight  or  measure,  they  are  not  plainly  and  correctly  stated  on 
the  outside  of  the  package. 

Fourth.  If  the  package  containing  it  or  its  label  shall  bear  any 
statement,  design  or  device  regarding  the  ingredients  or  the  sub- 
stance contained  therein,  which  statement,  design  or  device  shall  be 
false  or  misleading  in  any  particular. 


ADULTERATION.  1987 

Fifth.  When  any  package  bears  the  name  of  the  manufacturers, 
.iobbers  or  sellers,  or  the  grade  or  the  class  of  the  product,  it  must 
bear  the  name  of  the  real  manufacturers,  jobbers  or  sellers  and  the 
true  grade  or  class  of  the  product,  the  same  to  be  expressed  in  clear 
and  distinct  English  words  in  legible  type;  provided,  that  an  article 
of  food  shall  not  be  deemed  misbranded,  if  it  be  a  well-known  food 
product  of  a  nature,  quality  and  appearance,  and  so  exposed  to 
public  inspection  as  not  to  deceive  or  mislead  nor  tend  to  deceive 
or  mislead  a  purchaser,  and  not  misbranded  and  not  of  the  character 
included  within  the  definitions  one  to  four  of  this  section. 

Sixth.  If,  having  no  label,  it  is  an  imitation  or  adulteration,  or 
is  sold  or  offered  for  sale  under  a  name,  designation,  description  or 
representation  which  is  false  or  misleading  in  any  particular  what- 
ever; and  in  case  of  eggs  and  poultry;  if  they  have  been  kept  or 
packed  in  eold  storage,  or  otherwise  preserved,  they  must  be  so 
indicated  by  written  or  printed  label  or  placard  plainly  designating 
such  fact  when  offered  or  exposed  for  sale.  [Amendment.  Approved 
February  22,  1909;  Stats.  1909,  p.  51.] 

Definition  of  the  term  "package." 

Sec.  7.  The  term  "  package "  as  used  in  this  act  shall  be  con- 
strued to  include  any  phial,  bottle,  jar,  demijohn,  carton,  bag,  case, 
can,  box  or  barrel  or  any  receptacle,  vessel  or  container  of  whatso- 
ever material  or  nature  which  may  be  used  by  a  manufacturer,  pro- 
ducer, jobber,  packer  or  dealer,  for  inclosing  any  article  of  food. 

Possession  of  adulterated  food. 

Sec.  8.  The  possession  of  any  adulterated,  mislabeled  or  mis- 
branded article  of  food  or  liquor  by  any  manufacturer,  producer, 
jobber,  packer,  or  dealer  in  food,  or  broker,  commission  merchant, 
agent,  employee  or  servant  of  any  such  manufactnrer,  producer, 
jobber,  packer,  or  dealer,  shall  be  prima  facie  evidence  of  the  viola- 
tion of  this  act. 

State  laboratory  established.    Director  of  laboratory.     Salary.     Cleri- 
cal assistants. 
Sec.  9.     For  the  purposes  of  this  act  there  is  hereby  established  a 

state  laboratory  for  the  analysis  and  examination  of  food  and  drugs, 


1988  APPENDIX. 

which  shall  be  under  the  supervision  of  the  state  board  of  health, 
which  laboratory  shall  be  located  at  such  place  as  the  state  board  of 
health  may  select. 

The  state  board  of  health  shall  appoint  a  director  of  said  labora- 
tory, and  an  assistant  to  such  director,  both  of  whom  shall  be  skilled 
pharmaceutical  chemists  and  analysts  of  foods  and  drugs.  Said 
director  shall  perform  all  duties  required  by  this  act  and  which  shall 
be  required  by  the  state  board  of  health.  The  assistant  shall  be 
under  the  supervision  of  the  director,  and  shall  perform  all  duties 
required  of  him  by  the  director  and  by  the  state  board  of  health. 

The  director  shall  receive  an  annual  salary  of  three  thousand  dol- 
lars, and  the  assistant  shall  receive  an  annual  salary  of  fifteen  hun- 
dred dollars.  All  such  salaries  shall  be  paid  in  the  same  manner  and 
at  the  same  time  as  the  salaries  of  state  officers. 

The  state  board  of  health,  out  of  the  appropriation  hereinafter 
provided,  and  out  of  the  funds  derived  from  the  operation  of  this 
act,  may  employ  and  fix  the  compensation  of  other  and  additional 
clerical  and  professional  assistants. 

Suspected  food  to  be  analyzed  by  state  board  of  health.    Duty  of 

sheriffs. 

Sec.  10.  The  state  board  of  health  or  its  secretary,  shall  cause  to 
be  made  by  the  said  director  of  the  state  laboratory,  examinations 
and  analyses  of  food  and  liquor  on  sale  in  California,  suspected  of 
being  adulterated,  mislabeled  or  misbranded  at  such  times  and  places 
and  to  such  extent  as  said  board  or  its  secretary  may  determine,  and 
may  appoint  such  agent  or  agents,  as  it  may  deem  necessary,  and 
the  sheriffs  of  the  respective  counties  of  the  state  are  hereby  ap- 
pointed and  constituted  agents  for  the  enforcement  of  this  act  and 
any  agent  or  sheriff  shall  have  free  access,  at  all  reasonable  hours, 
for  the  purpose  of  examining  any  place  where  it  is  suspected  that 
any  article  of  adulterated,  mislabeled  or  misbranded  foods  exist,  and 
such  agent  or  sheriff  upon  tendering  the  market  price  of  said  articles, 
if  a  sale  be  refused,  may  take,  from  any  person,  firm  or  corporation 
samples  of  any  articles  suspected  of  being  adulterated,  mislabeled 
or  misbranded,  and  shall  deliver  or  forward  such  samples  to  the  said 
director  of  the  state  laboratory  for  examination  and  analysis. 


ADULTERATION".  1989' 

Evidence  to  be  reported  to  district  attorney. 

Sec.  11.  It  shall  be  the  duty  of  the  state  hofircl  of  health  when- 
ever it  has  satisfactory  evidence  of  the  violation  of  any  of  the  pro- 
visions of  this  act  respecting  the  adulteration  or  misbranding  of 
foods  to  report  such  facts  to  the  district  attorney  of  the  county 
where  the  law  is  violated,  after  the  hearing  provided  in  section  six- 
teen of  this  act. 

Unlawful  to  conceal  food. 

Sec.  12.  It  shall  be  a  misdemeanor  for  any  person  to  refuse  to 
sell  to  any  sheriff  or  other  agent  of  the  state  board  of  health,  any 
sample  of  food  or  liquor  upon  tender  of  the  market  price  therefor, 
or  to  conceal  any  such  food  from  such  officer,  or  to  withhold  from 
him  information  where  such  food  is  kept  or  stored.  Any  such  person 
so  refusing  to  sell,  or  concealing  such  food,  or  withholding  such 
information  from  said  officer  shall,  upon  conviction,  be  punished  as 
provided  in  section  nineteen  of  the  Penal  Code  of  the  state  of 
California. 

Report  to  state  board  of  health. 

Sec.  13.  Whenever  said  director  shall  find  from  his  examination 
and  analysis  that  adulterated,  mislabeled  or  misbranded  food  has 
been  on  sale  in  this  state,  he  shall  forthwith  report  to  the  secretary 
of  the  state  board  of  health. 

Certificate  of  director. 

Sec.  14.  Every  certificate  signed  by  the  said  director  of  the  state 
laboratory  shall  be  jwima  facie  evidence  of  the  facts  therein  stated. 

Annual  report  of  director  of  state  laboratory. 

Sec.  15.  The  said  director  of  the  state  laboratory  shall  make  an 
annual  report  to  the  state  board  of  health,  on  or  before  August  first 
of  each  year,  upon  adulterated  or  misbranded  foods  and  liquors,  in 
which  report  shall  be  included  the  list  of  cases  examined  by  him  in 
which  adulterants  were  found,  and  the  list  of  articles  found  mis- 
labeled or  misbranded,  and  the  names  of  the  manufacturer.?,  pro- 
ducers, jobbers  and  sellers.     Said  report,  or  any  part  thereof,  may, 


1990  APPENDIX. 

in  the  discretion  of  the  state  board  of  health,  be  included  in  the 
report  which  the  state  board  of  health  is  already  authorized  by  law 
to  make  to  the  governor.  The  state  board  of  health  may,  in  its 
discretion  publish  any  -part  of  said  report  in  any  issue  of  its  monthly 
bulletin. 

Hearings  for  violations  of  act. 

Sec.  16.  When  an  examination  or  analysis  of  the  director  of  the 
state  laboratory  shows  that  any  of  the  provisions  of  this  act  have 
been  violated,  notice  of  that  fact  together  with  a  copy  of  the  certifi- 
cate of  the  findings,  shall  be  furnished  to  the  party  or  parties  from 
whom  the  sample  was  obtained  or  who  executed  the  guaranty  as 
provided  in  this  act,  and  a  date  shall  be  fixed  by  the  seceretary  of 
the  state  board  of  health  at  which  said  party  or  parties  may  be 
heard  before  the  state  board  of  health  or  before  any  two  members 
thereof  and  the  secretary.  The  hearing  shall  be  held  in  the  city  of 
Sacramento,  and  at  least  fifteen  days'  notice  thereof  shall  be  first 
served  upon  the  party  complained  of.  These  hearings  shall  be  pri- 
vate and  confined  to  questions  of  fact.  Parties  interested  therein 
may  appear  in  person  or  by  attorney  and  may  propound  interroga- 
tories and  submit  oral  or  written  evidence  to  show  any  fault  or 
error  in  the  findings  made  by  the  director  of  the  state  laboratory. 
If  the  examination  or  analysis  be  found  correct,  or  if  the  party  or 
parties  fail  to  appear  at  such  hearing  after  notice  duly  served  as 
provided  herein,  the  secretary  of  the  state  board  of  health  shall 
forthwith  transmit  a  certificate  of  the  facts  so  found  to  the  district 
attorney  of  the  county  in  which  said  adulterated,  mislabeled  or  mis- 
branded  food  was  found.  No  publication  as  in  this  act  provided 
shall  be  made  until  after  said  hearing  is  concluded. 

Sheriff  to  purchase  samples  of  alleged  adulterated  food. 

Sec.  17.  It  is  hereby  made  the  duty  of  the  shoriff  of  any  county 
of  this  state,  on  presentation  to  him  of  a  verified  complaint  of  the 
violation  of  any  provisions  of  this  act,  at  once  to  obtain  by  pur- 
chase a  sample  of  the  adulterated,  mislabeled  or  misbranded  food 
complained  of,  and  divide  said  article  into  three  parts,  and  each 
part  shall  be  sealed  by  the  sheriff  with  a  seal  provided  for  that  pur- 
pose.    If  the  package  be  less  than  four  pounds  or  in  volume  less  than 


ADULTERATION.  lUDl 

two  quarts,  three  packages  of  approximately  the  same  size  shall  be 
purchased  and  the  marks  and  tags  upon  each  package  noted  as  above. 
One  sample  shall  be  delivered  to  the  party  from  whom  procured,  or 
to  the  party  guaranteeing  such  merchandise,  one  sample  shall  be 
sent  to  the  director  of  the  state  laboratory  and  the  third  sample  shall 
be  sent  to  and  held  under  seal  by  the  state  board  of  health. 

Fees  of  sheriff. 

Sec.  18.  For  his  services  hereunder  the  said  sheriff  shall  be  al- 
lowed the  same  fees  for  travel  allowed  by  law  to  sheriffs  on  service 
of  criminal  process,  together  with  such  compensation  as  by  the  board 
of  supervisors  of  his  county  may  be  deemed  reasonable,  and  all 
amounts  expended  by  him  in  procuring  and  transmitting  the  said 
samples,  which  fees  and  amount  expended  shall  be  audited  and  al- 
lowed by  the  said  supervisors  and  paid  by  his  said  county  as  other 
bills  of  said  sheriff. 

Duty  of  district  attorney. 

Sec.  19.  It  shall  be  the  duty  of  the  district  attorney  of  each 
county  to  prosecute  all  violations  of  the  provisions  of  this  act  occur- 
ring within   his   county. 

Penalty  for  violation  of  act. 

Sec.  20.  Any  person,  firm,  company  or  corporation  violating  any 
of  the  provisions  of  this  act,  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  shall  be  punished  by  a  fine  of  not  less  than  twenty- 
five  dollars,  nor  more  than  five  hundred  dollars,  or  shall  be  imprisoned 
in  the  county  jail  for  a  term  not  exceeding  six  months,  or  by  both 
such  fine  and  imprisonment.  Food  found  to  be  adulterated,  mis- 
labeled or  misbranded  within  the  meaning  of  this  act  may,  by  order 
of  any  court  or  judge,  be  seized  and  destroyed. 

Disposition  of  fines. 

Sec.  21.  One  half  of  all  fines  collected  by  any  court  or  judge,  for 
the  violations  of  the  provisions  of  this  act  shall  be  paid  to  the  state 
treasurer  and  the  state  treasurer  shall  deposit  such-  money  to  the 
credit  of  the  fund  for  the  maintenance  of  the  state  laboratory,  to  be 
drawn  against  by  warrants  of  the  state  controller  upon  claims  which 


1992  APPENDIX. 

Bhall  be  approved  by  the  state  board  of  health  and  by  the  state  board 
of  examiners. 

Guaranty  of  jobber  protects  dealer. 

Sec.  22.  No  dealer  shall  be  prosecuted  under  the  provisions  of  this 
act,  when  he  can  establish  a  guaranty  signed  by  the  wholesaler, 
jobber,  manufacturer  or  other  party  residing  in  the  United  States 
from  whom  he  purchased  such  article  to  the  effect,  that  the  same  is 
not  adulterated,  mislabeled  or  misbranded  within  the  meaning  of  this 
act,  designating  it.  Said  guaranty  to  afford  protection,  must  contain 
the  name  and  address  of  the  party  or  parties  making  the  sales  of  such 
article  to  said  dealer,  and  an  itemized  statement  showing  the  articles 
purchased;  or  a  general  guaranty  may  be  filed  with  the  Secretary  of 
the  United  States  Department  of  Agriculture  by  the  manufacturer, 
wholesaler,  jobber  or  other  party  in  the  United  States  and  be  given 
a  serial  number,  which  number  shall  appear  on  each  and  every  pack- 
age of  goods  sold  under  such  guaranty  with  the  words  "  Guaranteed 
under  the  food  and  drugs  act  June  30,  1906."  In  case  the  whole- 
saler, jobber,  manufacturer  or  other  party  making  such  guaranty  to 
said  dealer  resides  without  this  state,  and  it  appears  from  the  certifi- 
cate of  the  director  of  the  state  laboratory  that  such  article  or  arti- 
cles were  adulterated,  mislabeled  or  misbranded,  within  the  meaning 
of  this  act,  or  the  national  pure  food  act,  approved  June  30th,  1906, 
the  district  attorney  must  forthwith  notify  the  attorney-general  of 
the  United  States  of  such  violation. 

Appropriation. 

Sec.  23.  The  sum  of  twenty  thousand  dollars  ($20,000.00)  is  hereby 
appropriated  out  of  any  money  in  the  state  treasury  not  otherwise 
appropriated  for  the  purchase  of  equipment,  apparatus,  chemicals  and 
supplies  of  said  laboratory  and  of  the  office  expenses,  in  connection 
with  the  same  and  for  the  compensation  of  additional  assistants  and 
other  necessary  help.  The  state  controller  is  hereby  authorized  to 
draw  his  warrants  for  the  sums  herein  appropriated  in  favor  of  the 
secretary  of  the  state  board  of  health  and  the  state  treasurer  is 
hereby  directed  to  pay  the  same. 


ANIMALS.  1993 

Act  prohibits  manufacture  after  what  date. 

Sec.  24.  No  article  of  food  as  herein  defined  shall  be  manufactured 
or  produced  in  violation  of  this  act  from  and  after  the  first  day  of 
July,  nineteen  hundred  and  seven. 

Repeal  of  conflicting  acts. 

Sec.  25.  All  acts  and  parts  of  acts  in  conflict  or  inconsistent  with 
this  act  are  hereby  repealed. 

Act  takes  effect  when. 

Sec.  26.  This  act  shall  be  in  force  and  effect  from  and  after  the 
first  day  of  January,  nineteen  hundred  and  eight. 


ANI]\IALS. 

Act  creating  office  of  state  veterinarian.  1.  In  effect  March  18,  1899;  Stats. 
1899,  p.  129.  2.  Amended  March  20,  1905;  Stats.  1905,  p.  423.  3.  Amended 
March  19,  1909;   Stats.  1909,  p.  431. 


An  Act  for  the  more  efectual  prevention  of  cruelty  to  animals. 

[1.  Approved  March  20,   1874;    Stats.   1873-74,  p.  499.      2.   Amended  by  Stats. 
1901,   p.   285.      3.  Amended  March   2,   1903;    Stats.   1903,   p.  69.] 
§S  1-5.      Superseded  by  Civ.  Code,   §§  607,  607a,  607f. 
§  6.      Superseded  by  Pen.  Code,  §  597. 

§§  7,  8,  9.      Superseded  by  Pen.  Code,  §§  597a,  597b,  597c. 
§  10.      Superseded  by  Pen.  Code,  §  599a. 

§§  11,  12,  13.      Superseded  by  Pen.  Code,  §§  597d,  597e,  597f. 
§§  14,  15.      Superseded  by  Civ.  Code,  §§  607,  607a,  607f. 
§§  16,  17.      Superseded  by  Pen.  Code,  §  599b. 
§§  20,  21.      Superseded  by  Pen.  Code,  §§  599d,  599c,  599e. 
§  22.      Superseded  by  Code  Civ.  Proc,  §  1208a. 


1994  APPENDIX. 

An  Act  to  prohibit  the  use  of  the  bristle-hur,  tacTc-bur,  or  other  liJce 
devices  on  horses  or  other  animals  in  this  state. 

[Approved  March  13,  1903;  Stats.  1903,  p.  139.] 
§  1.     Bristle-bur,   tack-bur,   etc.,   on  horses,   prohibited. 
S  2.     Penalty. 

§  3.     Conflicting  acts  repealed. 
§  4.     Act  takes  effect  when. 

Bristle-bur,  tack-bur,  etc.,  on  horses,  prohibited. 

Section  1.  It  shall  be  unlawful  hereafter  in  this  state  for  any 
one,  owner,  driver  or  other  person,  having  the  care,  custody  or  control 
of  any  horse  or  other  animal,  to  use  what  is  known  as  the  bristle-bnr, 
tack-bur,  or  other  like  device,  by  whatsoever  name  known  or  desig- 
nated, on  any  said  horse  or  other  animal  for  any  purpose  whatsoever. 

Penalty. 

Sec.  2.  A  violation  of  the  provisions  of  this  act  shall  be  deemed 
a  misdemeanor  and  any  one  found  guilty  thereof  shall  be  punished 
by  a  fine  of  not  less  than  twenty-five  dollars  nor  more  than  two 
hundred  and  fifty  dollars,  or  by  imprisonment  in  the  county  jail  not 
less  than  ten  nor  more  than  one  hundred  and  seventy-five  days,  or 
may   be   punished   by   both   such   fine    and   imprisonment. 

Conflicting  acts  repealed. 

Sec.  3.  All  acts  and  parts  of  acts  in  conflict  with  the  provisions 
of  this  act  are  hereby  repealed. 

Act  takes  effect  when. 

Sec.  4.  This  act  shall  take  effect  and  be  in  force  from  and  aft^^r 
its 


ANIMALS.  1995 

An  Act  to  prevent  tampering  ivith  animals,  and  to  pr&ve/it  the  giving  or 
administering  of  poison  or  drugs  to  horses,  cattle,  dogs,  animals,  and 
other  live-stocTc,  except  for  medicinal  purposes,  and  making  the  same 
a  misdemeanor. 

[Approved  March  23,   1901;   Stats.  1901,  p.  553.] 

§  1.  Unlawful  administering  of  drugs  to  animals  on  exhibition. 

§  2.  Same. 

§  3.  Penalty. 

§  4.  Conflicting  acts  repealed. 

§  5.  Act  takes  effect  when. 

Unlawful  administering  of  drugs  to  animals  on  exhibition. 

Section  1.  It  shall  be  unlawful  for  any  person  or  persons,  except 
for  medicinal  purposes,  to  administer  any  poison,  drug,  medicine,  or 
other  noxious  substance,  to  any  horse,  stud,  mule,  ass,  mare,  horned 
cattle,  neat  cattle,  gelding,  colt,  filly,  dog,  animals,  or  other  live- 
stock, entered  or  about  to  be  entered  in  any  race  or  upon  any  racp 
course  in  the  state  of  California,  or  entered  or  about  to  be  entered 
at  or  with  any  agricultural  park,  or  association,  race-course,  or  cor- 
poration, or  other  exhibition  for  competition  for  prize,  reward,  purse, 
premium,  stake,  sweepstakes,  or  other  reward,  or  to  expose  any  such 
poison,  drug,  medicine,  or  noxious  substance,  with  intent  that  the 
same  shall  be  taken,  inhaled,  swallowed,  or  otherwise  received  by 
any  horse,  stud,  mule,  ass,  mare,  horned  cattle,  neat  cattle,  gelding, 
colt,  filly,  dog,  animal,  or  other  live-stock,  with  intent  to  impede  or 
affect  the  speed,  endurance,  sense,  health,  physical  condition,  or  other 
character  or  quality  of  such  above-mentioned  animal,  or  other  live- 
stock. 

Same. 

Sec.  2.  It  shall  be  unlawful  for  any  person  or  persons  to  cause  to 
be  taken  by  or  placed  upon  or  in  the  body  of  any  horse,  stud,  mule, 
ass,  mare,  horned  cattle,  neat  cattle,  gelding,  colt,  filly,  dog,  animal, 
or  other  live-stock,  entered  or  about  to  be  entered  m  any  race  upon 
any  race-course  in  the  state  of  California,  or  entered  or  about  to 
be  entered  at  or  with  any  agricultural  park,  association,  race-course, 
or  corporation,  or  other  exhibition  for  competition  for  prize,  reward, 
purse,  premium,  stake,  sweepstakes,  or  other  reward,  any  sponge, 
wood    or  foreign   substance   of   any   kind,   with   intent   to   impede   or 


1996  APPENDIX. 

affect  the  speed,  endurance,  sense,  health,  physical  condition,  of  sneb 
horse,  stud,  mule,  ass,  mare,  horned  cattle,  neat  cattle,  gelding,  colt, 
filly,  dog,  animal,  or  other  live-stock. 

Penalty. 

Sec.  3.  Any  person  or  persons  who  shall  violate  any  of  the  pro- 
visions of  sections  one  or  two  of  this  act  shall  be  guilty  of  a  mis- 
demeanor. 

Conflicting  acts  repealed. 

Sec.  4.  All  acts  or  parts  of  acts  in  conflict  with  the  provisions 
of  this  act  are  hereby  repealed. 

Act  takes  effect  when. 

Sec.  5.     This  act  shall  take  effect  immediately. 


ARTESIAN  WELLS. 

An  Act  to  prevent  the  waste  and  flow  of  water  from  artesian  wells,  and 
prescribing  penalties  therefor,  and  defining  waste  and  artesian  wells. 

[1.  Approved    March    6,    1907;    Stats.    1907,    p.    122.     2.  Amended    March    25, 
1909;    Stats.    1909,    p.    749.] 
§  1.     Uncapped  artesian   wells   declared  public  nuisance. 
§  2.     Artesian  well  defined. 
§  3.      Waste  defined. 
§  4.      New  offense. 
!  5.      Penalty. 

§  6.      Conflicting  acts  repealed. 
§  7.     Act  takes  effect  when. 

Uncapped  artesian  wells  declared  public  nuisance. 

Section  1.  Any  artesian  well  which  is  not  capped,  equipped  or  fur- 
nished with  such  mechanical  appliance  as  will  readily  and  effectively 
arrest  and  prevent  the  flow  of  any  water  from  such  well,  is  hereby 
declared  to  be  a  public  nuisance.  The  owner,  tenant,  or  occupant 
of  the  land  upon  which  such  well  is  situated,  who  causes,  permjts, 
or  suffers  such  public  nuisance,  or  suffers  or  permits  it  to  remain 
or  continue,  is  guilty  of  a  misdemeanor;  and  any  person  owning, 
possessing  or  occupying  any  land  upon  which  is  situated  an  artesian 


ARTESIAN    WELLS.  1997 

well,  who  causes,  suffers,  or  permits  the  water  to  unnecessarily  flow 
from  such  well,  or  to  go  to  waste,  is  guilty  of  a  misdemeanor. 

Artesian  well  defined. 

Sec.  2.  For  the  purposes  of  this  act,  an  artesian  well  is  defined 
to  be  any  artificial  hole  made  in  the  ground  through  which  water 
naturally  flows  from  subterranean  sources  to  the  surface  of  the  ground 
for  any  length  of  time. 

Waste  defined. 

Sec.  3.  Waste  is  defined,  for  the  purposes  of  this  act,  to  be  the 
causing,  suffering  or  permitting  any  water  flowing  from  an  artesiau 
well,  to  run  into  any  river,  creek,  or  other  natural  watercourse  or 
channel,  or  into  any  bay  or  pond  (unless  used  thereafter  for  the 
beneficial  purpose  of  irrigation  of  land  or  domestic  use),  or  into  any 
street,  road,  or  highway,  or  upon  the  land  of  any  person,  or  upon 
the  public  lands  of  the  United  States  or  of  the  state  of  California, 
unless  it  be  used  thereon  for  the  beneficial  purposes  of  the  irrigation 
thereof  or  for  domestic  use  or  the  propagation  of  fish.  The  use  of 
any  water  flowing  from  an  artesian  well  for  the  irrigation  of  land 
whenever  over  five  per  cent  of  the  water  received  on  such  land  for 
such  purposes  is  allowed  to  escape  therefrom,  is  also  hereby  declared 
to  be  waste  within  the  meaning  of  this  act;  provided,  that  nothing 
herein  shall  prevent  the  running  of  artesian  water  into  an  artificial 
pond  or  storage-reservoir,  if  used  thereafter  for  a  beneficial  use;  pro- 
vided, such  beneficial  use  shall  not  exceed  one  tenth  of  one  miner's 
inch  of  water  per  acre,  perpetual  flow,  but  such  user  of  water  shall 
have  the  right  to  cumulate  the  said  amount  within  any  perior  of  each 
year.     [Amendment.     Approved  March  25,  1909;  Stats.  1909,  p.  749.] 

New  offense. 

Sec.  4.  Each  day's  continuance  of  such  waste  shall  constitute  a 
new  offense  under  this  act. 

Penalty. 

Sec.  5.  Any  person  violating  any  of  the  provisions  of  this  act 
shall,  for  each  offense,  upon  conviction  thereof,  be  punished  by  a  fine 
of  not  less  than  $25.00  and  not  more  than  $500.00,  or  by  imprison- 


1998  APPENDIX. 

ment  in  the  county  jail  for  a  period  of  not  more  than  six  months, 
or  by  both  such  fine  and  imprisonment.  All  prosecutions  for  the  viola- 
tion of  any  of  the  provisions  of  this  act  shall  be  instituted  in  the 
justice's  court  of  the  county  in  which  such  well  is  situated.  Any 
fine  imposed  under  the  provisions  of  this  act  may  be  collected  as  in 
other  criminal  cases,  and  the  justice  may  also  issue  an  execution 
upon  the  judgment  therein  rendered,  and  the  same  may  be  enforced 
and  collected  as  in  civil  cases. 

Conflicting  acts  repealed. 

Sec.  6.     All   acts  and  parts  of  acts  in   conflict  with  this  act,  are 
hereby  repealed. 

Act  takes  eff'ect  when. 
Sec.  7.    This  act  shall  take  effect  immediately. 


BUOYS  AND  BEACONS. 

An  Act  for  the  protection  of  tuoys  and  beacons. 

[Approved  March  26,  1874;  Stats.  1873-74,  p.  619.] 

§  1.     Damages  to  buoys  and  beacons. 
§  2.     Cost  of  repairs,   and  lien  for. 
§  3.     Act  takes  effect  when. 

Damages  to  buoys  and  beacons. 

Section  1.  Any  person  or  persons  who  shall  moor  any  vessel  or 
boat  of  any  kind,  or  any  raft  or  scow,  to  any  buoy  or  beacon  placed 
in  the  waters  of  California  by  authority  of  the  United  States  light- 
house board,  or  shall  in  any  manner  hang  on  to  the  same,  with  any 
vessel,  boat,  raft,  or  scow,  or  shall  willfully  remove,  damage,  or  de- 
stroy any  such  buoy  or  beacon,  or  any  part  of  the  same,  or  shall  cut 
down,  remove,  damage,  or  destroy  any  beacon  or  beacons  erected  on 
land  in  this  state  by  the  authority  aforesaid,  shall,  for  every  such 
offense,  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  before  any  court  of  competent  jurisdiction,  be  punished  by  a 
fine  not  exceeding  five  hundred  dollars,  or  by  imprisonment  not  ex- 
ceeding six  months;  one  third  of  the  fine  in  such  case  to  be  paid  to 


BUTTER.  1999 

the  informer,  and  two  thirds  thereof  to  the  lighthouse  board,  to  be 
use  in  repairing  said  buoys  and  beacong. 

Cost  of  repairs,  and  lien  for. 

Sec.  2.  The  cost  of  repairing  or  replacing  any  such  buoy  or  beacon 
which  may  have  been  misplaced,  damaged,  or  destroyed  by  any  vessel, 
boat,  raft,  or  scow  being  made  fast  to  the  same,  shall,  when  said 
cost  shall  have  been  legally  ascertained,  be  a  lien  upon  such  vessel, 
boat,  raft,  or  scow,  and  recovered  against  the  same,  and  the  owner 
or  owners  thereof,  in  an  action  of  debt,  in  any  court  of  competent 
jurisdiction  in  this  state. 

Act  takes  effect  when. 

Sec.  3.     This  act  shall  take  effect  from  and  after  its  passage. 

Codification  of  act.«    Portion  of  this  statute  was  codified  by   §  609,  Peual 
Oode.     See,  also,  §  614    of  the  Penal  Code. 


BUTTER. 

An  Act  entitled  an  act  to  prevent  the  sale  of  short-weiglit  rolls  af  butter. 
[Approved  March  11,  1893;  Stats.  1893,  p.  151.] 

Short-weight  butter. 

Any  person  or  persons,  firm  or  corporation,  who  offers  for  sale  roll- 
butter  not  of  full  weight  to  each  roll,  shall  be  guilty  of  a  misde- 
meanor. 

Act  takes  effect  when. 

This  act  shall  go  into  effect  sixty  days  after  its  passage. 


2000  APPENDIX. 

An  Act  to  prevent  deception  in  the  manufacture  and  sale  of  butter  and 

cheese,  to  secure  its  enforcement,  and  to  appropriate  money  therefor. 
[Approved  March  4,  1897;   Stats.  1897,  p.  65.] 

§    1.  Imitation  butter.      Imitation  cheese 

§    2.  Manufacture  and  sale  o«  imitation  outter,  etc. 

§    3.  Imitation  product  must  be  branded, 

§    4.  Duty  of  common  carriers. 

§    5.  Descriptire  statement  must  be  exposed. 

§    6.  Imitation  product  must  be  sold  as  such. 

§    7.  Duty  of  restaurant-keepers. 

§     8.  Actions. 

§    9.  Presumptive  evidence. 

§  10.  Erasure  of  label. 

§  11.  Use   of  pure  article  in  state  institutions. 

§  12.  Penalties. 

§  13.  Possession,  presumptive  evidence.      Samples  for  analysis. 

§  14.  Duty  of  district  attorney. 

§  15.  State  dairy  bureau.     Tenure  of  office.     Organization.     Report. 

§  16.  Agent,  and  salary. 

§  17.  Appropriations. 

§  18.  Inconsistent  acts  repealed. 

§  19.  Act  takes  effect  when. 

Imitation  l)utteT.    Imitation  cheese. 

Section  1.  That  for  the  purposes  of  this  act,  every  article,  sub- 
stance, or  compound,  other  than  that  produced  from  pure  milk  or 
cream  from  the  same,  made  in  the  semblance  of  butter,  and  designed 
to  be  used  as  a  substitute  for  butter  made  from  pure  milk  or  cream 
from  the  same,  is  hereby  declared  to  be  imitation  butter;  and  that 
for  the  purposes  of  this  act,  every  article,  substance,  or  compound, 
other  than  that  produced  from  pure  milk  or  cream  from  the  same, 
made  in  the  semblance  of  cheese,  and  designated  [designed]  to  be 
used  as  substitute  for  cheese  made  from  pure  milk  or  cream  from  the 
same,  is  hereby  declared  to  be  imitation  cheese;  provided,  that  the 
use  of  salt,  rennet,  and  harmless  coloring-matter  for  coloring  the 
product  of  pure  milk  or  cream,  shall  not  be  construed  to  render  such 
product  an  imitation;  and  provided,  thac  nothing  in  this  section  shall 
prevent  the  use  of  pure  skimmed  milk  in  the  manufacture  of  cheese. 

Manufacture  and  sale  of  imitation  butter,  etc. 

See.  2.  No  person,  by  himself  or  his  agents  'or  servants,  shall  ren- 
der or  manufacture,  sell,  offer  for  sale,  expose  fo^  sale,  or  have  in 


BUTTER.  2001 

his  possession  with  intent  to  sell,  or  use,  or  serve  to  patrons,  guests, 
boarders,  or  inmates,  in  any  hotel,  eating-house,  restaurant,  public 
conveyance  or  boarding-house,  or  public  or  private  hospital,  asylum,  or 
eleemosynary  or  penal  institution,  any  article,  product,  or  compound 
made  wholly  or  partly  out  of  any  fat,  oil,  or  oleaginous  substance  or 
compound  thereof,  not  produced  directly  and  at  the  time  of  manu- 
facture from  unadulterated  milk  or  cream  from  the  same,  which 
article,  product,  or  compound  shall  be  colored  in  imitation  of  butter 
or  cheese  produced  from  unadulterated  milk  or  cream  from  the  same; 
provided,  that  nothing  in  this  section  shall  be  construed  to  prohibit 
the  manufacture  or  sale,  under  the  regulations  hereinafter  provided, 
of  substances  or  compounds,  designed  to  be  used  as  an  imitation,  or 
as  a  substitute  for  butter  or  cheese  made  from  pure  milk  or  cream 
from  the  same,  in  a  separate  and  distinct  form,  and  in  such  a  manner 
as  will  advise  the  consumer  of  its  real  character,  free  from  coloration, 
or  ingredients,  that  causes  it  to  look  like  butter  or  cheese  made 
from  pure  milk  or  cream,  the  product  of  the   dairy. 

Imitation  product  must  be  branded. 

Sec.  3.  Each  person  who,  by  himself  or  another,  lawfully  manu- 
factures any  substance  designed  to  be  used  as  a  substitute  for  butter 
or  cheese,  shall  mark  by  branding,  stamping,  or  stenciling  upon  the 
top  and  sides  of  each  tub,  firkin,  box,  or  other  package  in  which 
such  article  shall  be  kept,  and  in  which  it  shall  be  removed  from 
the  place  where  it  is  produced,  in  a  clear  and  durable  manner,  in 
the  English  language,  the  words  "  substitute  for  butter,"  or  "  substi- 
tute for  cheese,"  as  the  case  may  be,  in  printed  letters  in  plain  Roman 
type,  each  of  which  shall  not  be  less  than  one  inch  in  height  by  one 
half  inch  in  width,  and  in  addition  to  the  above  shall  prepare  a 
statement,  printed  in  plain  Roman  type,  of  a  size  not  smaller  than 
pica,  stating  in  the  English  language  its  name,  and  the  name  and 
address  of  the  manufacturer,  the  name  of  the  place  where  manu- 
factured or  put  up,  and  also  the  names  and  actual  percentages  of 
the  various  ingredients  used  in  the  manufacture  of  such  imitation 
butter  or  imitation  cheese;  and  shall  place  a  copy  of  said  statement 
within  and  upon  the  contents  of  each  tub,  firkin,  box,  or  other  pack- 
age and  next  to  that  portion  of  each  tub,  firkin,  box,  or  other  pack- 
age as  is  commonly  and  most  conveniently  opened;  and  shall  label 
Gen.  Laws — 119 


2002  APPENDIX. 

the  top  and  sides  of  each  tub,  firkin,  box,  or  other  package  by  affixing 
thereto  a  copy  of  said  statement,  in  such  manner,  however,  as  not 
to  cover  the  whole  or  any  part  of  said  mark  of  "  substitute  for  butter," 
or  "  substitute  for  cheese," 

Duty  of  common  carriers. 

Sec.  4.  No  person,  by  himself  or  another,  shall  knowingly  ship, 
consign,  or  forward  by  any  common  carrier,  whether  public  or  private 
any  substance  designed  to  be  used  as  a  substitute  for  butter  or 
cheese,  unless  the  same  be  marked  and  contain  a  copy  of  the  state 
ment,  and  be  labeled  as  provided  by  section  three  of  this  act;  and 
no  carrier  shall  knowingly  receive  the  same  for  the  purpose  of  for 
warding  or  transporting,  unless  it  shall  be  manufactured,  marked, 
and  labeled  as  hereinbefore  provided,  consigned,  and  by  the  carrier 
receipted  for  by  its  true  name;  provided,  that  this  act  shall  not 
apply  to  any  goods  in  transit  between  foreign  states  and  across  the 
state  of  California. 

Descriptive  statement  must  be  exposed. 

Sec.  5.  No  person,  or  his  agent,  shall  knowingly  have  in  his  posses- 
sion or  under  his  control  any  substance  designed  to  be  used  as  a 
substitute  for  butter  and  cheese,  unless  the  tub,  firlxin,  box,  or  other 
package  containing  the  same,  shall  be  clearly  and  durably  marked 
and  contain  a  copy  of  the  statement  and  be  labeled  as  provided  by 
section  three  of  this  act;*  and  if  the  tub,  firkin,  box,  or  other  pack- 
age be  opened,  then  a  copy  of  the  statement  described  in  section 
three  of  this  act  shall  be  kept,  with  its  face  up,  upon  the  exposed 
contents  of  said  tub,  firkin,  box,  or  other  package;  provided,  that 
this  section  shall  not  be  deemed  to  apply  to  persons  who  have  the 
same  in  their  possession  for  the  actual  consumption  of  themselves 
or  family. 

Imitation  product  must  be  sold  as  such. 

Sec.  6.  No  person,  by  himself  or  another,  shall  sell,  or  offer  for 
sale,  or  take  orders  for  the  future  delivery  of,  any  substance  designed 
to  be  used  as  a  substitute  for  butter  or  cheese,  under  the  name  of  or 
under  the  pretense  that  the  same  is  butter  or  cheese;  and  no  per- 
son, by  himself  or  another,  shall  sell  any  substance  designed  to  be 


BUTTER.  2003 

used  as  a  substitute  for  butter  or  cheese,  unless  he  shall  inform  the 
purchaser  distinctly,  at  the  time  of  the  sale,  that  the  same  is  a  sub- 
stitute for  butter  or  cheese,  as  the  case  may  be,  and  shall  deliver 
to  the  purchaser,  at  the  time  of  the  sale,  a  separate  and  distinct  copy 
of  the  statement  described  in  section  three  of  this  act;  and  no  per- 
son shall  use  in  any  way,  in  connection  or  association  with  the  sale, 
or  exposure  for  sale,  or  advertisement,  of  any  substance  designed 
to  be  used  as  a  substitute  for  butter  or  cheese,  the  words  "  butterine," 
"  creamery,"  or  "  dairy,"  or  the  representation  of  any  breed  of  dairy 
cattle,  or  any  combination  of  such  words  and  representation,  or  any 
other  words  or  symbols,  or  combinations  thereof,  commonly  used  by 
the  dairy  industry  in  the  sale  of  butter  or  cheese. 

Duty  of  restaurant-keepers. 

Sec.  7.  No  keeper  or  proprietor  of  any  bakery,  hotel,  boarding- 
house,  restaurant,  saloon,  lunch-counter,  or  other  place  of  public  en- 
tertainment, or  any  person  having  charge  thereof,  or  employed  thereat, 
or  any  person  furnishing  board  for  others  than  members  of  his  owxi 
family,  or  for  any  employees  where  such  board  is  furnished  as  the 
compensation  or  as  a  pai-t  of  the  compensation  of  any  such  employee, 
shall  place  before  any  patron  or  employee,  for  use  as  food,  any  sub- 
stance designed  to  be  used  as  a  substitute  for  butter  and  cheese, 
unless  the  same  be  accompanied  by  a  copy  of  the  statement  described 
in  section  three  of  this  act,  and  by  a  verbal  notification  to  said  patron 
that  such  substance  is  a  substitute  for  butter  or  cheese. 

Actions. 

Sec.  8.  No  action  can  be  maintained  on  account  of  any  sale  or 
other  contract  made  in  violation  of,  or  with  intent  to  violate,  this 
act  by  or  through  any  person  who  was  knowingly  a  party  to  such 
wrongful  sale  or  other  contract. 

Presumptive  evidence. 

Sec.  9.  Every  person  having  possession  or  control  of  any  sub- 
stance designed  to  be  used  as  a  substitute  for  butter  or  cheese  which 
is  not  marked  as  required  by  the  provisions  of  this  act,  shall  be  pre- 
sumed to  have  known,  during  the  time  of  such  possession  or  control, 
that  the  same  was  imitation  butter,  or  imitation  cheese,  as  the  case 
may  be. 


2004  APPENDIX. 

Erasure  of  label. 

Sec.  10.  No  person  shall  efface,  erase,  cancel,  or  remove  any  mark, 
statement,  or  label  provided  for  by  this  act,  with  intent  to  mis- 
lead, deceive,  or  to  violate  any  of  the  provisions  of  this  act. 

Use  of  pure  article  in  state  institutions. 

Sec.  11.  No  butter  or  cheese  not  made  vyholly  from  pure  milk  or 
cream,  salt,  harmless  coloring-uiatter,  shall  be  used  in  any  of  the 
charitable  or  penal  institutions  that  receive  assistance  from  the  state. 

Penalties. 

Sec.  12.  Whoever  shall  violate  any  of  the  provisions  or  sections  of 
this  act  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall,  upon 
conviction  thereof,  be  punished,  for  the  first  offense,  by  a  fine  of 
not  less  than  fifty  dollars,  nor  more  than  one  hundred  and  fifty  dol- 
lars, or  by  imprisonment  in  the  county  jail  for  not  exceeding  thirty 
days;  and  for  each  subsequent  offense,  by  a  fine  of  not  less  than 
one  hundred  and  fifty  dollars,  nor  more  than  three  hundred  dollars, 
or  by  imprisonment  in  the  county  jail  not  less  than  thirty  days,  nor 
more  than  six  months,  or  by  both  such  fine  and  imprisonment,  in  the 
discretion  of  the  court.  One  half  of  all  the  fines  collected  under  the 
provisions  of  this  act  shall  be  paid  to  the  person  or  persons  fur- 
nishing information  upon  which   conviction   is  procured. 

Possession  presumptive  evidence.    Samples  for  analysis. 

Sec.  13.  Whoever  shall  have  possession  or  control  of  any  imitation 
butter  or  imitation  cheese,  or  any  substance  designed  to  be  used  as 
a  substitute  for  butter  or  cheese,  contrary  to  the  provisions  of  this 
act,  shall  be  construed  to  have  possession  of  property  with  intent  to 
use  it  as  a  means  of  committing  a  public  offense,  within  the  mean- 
ing of  chapter  three,  of  title  twelve,  of  part  two,  of  an  act  to  estab- 
lish a  Penal  Code;  provided,  that  it  shall  be  the  duty  of  the  officer 
who  serves  a  search-warrant  issued  for  imitation  butter  or  imitation 
cheese,  or  any  substance  designed  to  be  used  as  a  substitute  for 
butter  or  cheese,  to  deliver  to  the  agent  of  the  dairy  bureau,  or  to 
any  person  by  such  dairy  bureau  authorized  in  writing  to  receive 
the  same,  a  perfect  sample  of  each  article  seized  by  virtue  of  such 
warrant,   for   the   purpose   of   having   the   same   analyzed,   and   forth- 


BUTTER.  2005 

with  to  return  to  the  person  from  whom  it  was  taken  the  remainder 
of  each  article  seized  as  aforesaid.  If  any  sample  be  found  to  be 
imitation  butter  or  imitation  cheese,  or  substance  designed  to  be 
used  as  a  substitute  for  butter  or  cheese,  it  shall  be  returned  to  and 
retained  by  the  magistrate  as  and  for  the  purpose  contemplated  by 
section  fifteen  hundred  and  thirty-six  of  an  act  to  establish  a  Penal 
Code;  but  if  any  sample  be  found  not  to  be  imitation  butter  or  imita- 
tion cheese,  or  a  substance  designed  to  be  used  ajs  a  substitute  for 
butter  or  cheese,  it  shall  be  returned  forthwith  to  the  person  from 
whom  it  was  taken. 

Duty  of  district  attorney. 

Sec.  14.  It  shall  be  the  duty  of  the  district  attorney,  upon  the  ap- 
plication of  the  dairy  bureau,  to  attend  to  the  prosecution,  in  the  name 
of  the  state,  of  any  suit  brought  for  the  violation  of  any  of  the  pro- 
visions of  this  act  within   his  district. 

State  dairy  bureau.    Tenure  of  office.    Organization.    Report. 

Sec.  15.  The  governor  shall,  on  or  before  the  first  daj'  of  July,  eigh- 
teen hundred  and  ninety-seven,  appoint  three  resident  citizens  of  this 
state,  who  shall  have  practical  experience  in  the  manufacture  of  dairy 
products,  to  constitute  a  state  dairy  bureau,  and  which  shall  suc- 
ceed the  one  now  in  existence  in  every  respect.  Members  of  this 
bureau  shall  hold  office  for  the  period  of  four  years  from  and  after 
the  first  day  of  July,  eighteen  hundred  ninety-seven,  and  until  their 
successors  are  appointed  and  qualified;  provided,  that  the  first  mem- 
bers appointed  under  the  provisions  of  this  act  shall  at  their  first 
meeting  so  classify  themselves  by  lot  as  that  one  shall  go  out  of 
office  at  the  expiration  of  two  years,  one  at  the  expiration  of  three 
years,  and  the  other  at  the  expiration  of  four  years.  Any  vacancy 
shall  be  filled  by  appointment  by  the  governor  for  the  unexpired 
term.  The  members  of  said  bureau  shall  serve  without  compensation, 
and  within  twenty  days  after  their  appointment,  shall  take  the  oath 
of  office  as  required  by  the  constitution,  and  they  shall  thereupon 
meet  and  organize  by  electing  a  chairman  and  treasurer.  Any  one 
of  them  may  be  removed  by  the  governor,  for  neglect  or  violation  of 
duty.  They  shall  make  a  report  in  detail  to  the  legislature  not  later 
than  the  first  day  of  December  next  preceding  the  meetings  thereof. 


2006  APPENDIX. 

Agent,  and  salary. 

Sec.  16.  It  shall  be  the  duty  of  the  state  dairy  bureau  to  secure, 
as  far  as  possible,  the  enforcement  of  this  act.  The  state  dairy  bu- 
reau shall  have  power  to  employ  an  agent  at  a  salary  of  twelve 
hundred  dollars  a  year,  and  such  assistants  or  chemists,  as  from  time 
to  time  may  be  necessary  therefor. 

Appropriations. 

Sec.  17.  There  is  hereby  appropriated  for  the  use  of  this  state 
dairy  bureau,  out  of  any  money  in  the  state  treasury  not  otherwise 
appropriated,  the  sum  of  five  thousand  dollars  for  each  fiscal  year 
hereafter,  and  commencing  with  the  forty-ninth  fiscal  year.  All  sala- 
ries, fees,  costs,  and  expenses  of  every  kind  incurred  in  the  carrying 
out  of  the  law  shall  be  drawn  from  the  sum  so  appropriated,  and  the 
state  controller  shall  draw  his  warrant  on  the  state  treasurer  in  favor 
of  the  person  entitled  to  the  same. 

Inconsistent  acts  repealed. 

Sec.  18.  All  acts  and  parts  of  acts  inconsistent  with  this  act  are 
hereby  repealed. 

Act  takes  effect  when. 

Sec.  19.     This  act  shall  take   effect  immediately. 

Prior   legislation.     For    the    prior   acts    on    this    subject,    see    Stats.    1895, 
p.  41;    Stats.   1881,  p.   14. 

Sale  of  process  or  renovated  butter,  a  misdemeanor  when:      See  §  383a    of 
the  Penal  Code. 


CONSPIRACY. 

An  Act  to  limit  the  meaning  of  the  word  "conspiracy,"  and  also  the 
use    of    "restraining    orders"    and    "injunctions,"    as    applied    to    dis- 
putes between  employers  and  employees  in  the  state  of  California. 
[Approved  March  20,  1903;   Stats.   1903,  p.  289.] 

Combinations  in  trade  disputes  not  criminal  when. 

Section  1.     No  agreement,  combination,  or  contract  by  or  between 
two  or  more  persons  to  do  or  procure  to  be  done,  or  not  to  do  or  pro- 


CONSPIRACY.  2U07 

cure  not  to  be  done,  any  act  in  contemplation  or  furtherance  of  any 
trade  dispute  between  employers  and  employees  in  the  state  of  Califor- 
nia shall  be  deemed  criminal,  nor  shall  those  engaged  therein  be  indict- 
able or  otherwise  punishable  for  the  crime  of  conspiracy,  if  such  act 
committed  by  one  person  would  not  be  punishable  as  a  crime,  nor  shall 
such  agreement,  combination,  or  contract  be  considered  as  in  restraint 
of  trade  or  commerce,  nor  shall  any  restraining  order  or  injunction 
be  issued  with  relation  thereto.  Nothing  in  this  act  shall  exempt 
from  punishment,  otherwise  than  as  herein  excepted,  any  persons 
guilty  of  conspiracy,  for  which  punishment  is  now  provided  by  any 
act  of  the  legislature,  but  such  act  of  the  legislature  shall,  as  to  the 
agreements,  combinations,  and  contracts  hereinbefore  referred  to,  be 
construed  as  if  this  act  were  therein  contained;  provided,  that  nothing 
in  this  act  shall  be  construed  to  authorize  force  or  violence,  or  threats 
thereof. 

Act  takes  effect  when. 

Sec.  2.     This  act  shall  take  effect  immediately. 


An  Act  making  a  conspiracy  to  commit  any  crime  against  the  person  of, 
or  an  attempt  to  Mil  or  commit  any  assault  upon,  the  President  or 
Vice-President  of  the  United  States,  the  governor  of  any  state  or 
territory,  any  United  States  justice  or  judge,  or  the  secretary  of  any 
executive  department  of  the  United  States,  a  felony;  a?id  providing  a 
penalty  therefor. 

[Approved  February  28,  1903;  Stats.  1903,  p.  58.] 

§  1.     Conspiracy  to  commit  crime  against  President,  etc.;  penalty. 
§  2.     Attempt  to  kill  President.     Penalty, 
i  3.     Act  takes  effect  when. 

Conspiracy  to  commit  crime  against  President,  etc.;  penalty. 

Section  1.  If  two  or  more  persons  conspire  to  commit  any  crime 
against  the  person  of  the  President  or  Vice-President  of  the  United 
States,  the  governor  of  any  state  or  territory,  any  United  States  justice 
or  judge,  or  the  secretary  of  any  of  the  executive  departments  of  the 
United  States,  they  are  guilty  of  felony,  and  upon  conviction  thereof, 
shall  be  punished  by  imprisonment  in  the  state  prison  not  less  than 
ten  years. 


2008  APPENDIX. 

Attempt  to  kill  President.    Penalty. 

Sec.  2.  Every  person  who  attempts  to  kill,  or  who  commits  any- 
assault  upon  the  President  or  Vice-President  of  the  United  States,  the 
governor  of  any  state  or  territory,  any  United  States  justice  or  judge, 
or  the  secretary  of  any  of  the  executive  departments  of  the  United 
States,  is  guilty  of  a  felony;  and  upon  conviction  thereof,  shall  be 
punished  by  imprisonment  in  the  state  prison  not  less  than  ten  years. 

Act  takes  effect  when. 

Sec.  3.  This  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 


CORONERS. 

Act  relating  to  costs  of  coroner's  inquest  in  state  prison:   See  post,  Appen- 
dix, tit.    "  Costs." 


An  Act  providing  in  counties  of  the  first  class  for  the  appointment  ly 
the  coroner  of  a  competent  physician  for  the  performance  of  autopsies 
upon  the  bodies  of  deceased  persons  when  inquests  are  held,  and  fixing 
the  compensation  therefor. 

[Approved  March  14,  1895;  Stats.  1895,  p.  52.] 

S  1.     Coroner  to  appoint  physiciaa  in  counties  of  first  class,  to  bold  autopsies. 

§  2.      Compensation. 

§  3.     Act  takes  effect  when. 

Coroner  to  appoint  physician  in  counties  of  first  class  to  hold  autopsies. 
Section  1.  In  counties  of  the  first  class,  the  coroner  shall  appoint  a 
competent  physician,  whose  duties  it  shall  be  to  perform  autopsies 
upon  the  bodies  of  all  deceased  persons  when  inquests  are  held.  Such 
physician  shall,  after  the  performance  of  such  autopsy,  certify  in 
writing  his  professional  opinion  as  to  the  cause  of  death,  which  cer- 
tificate shall  be  filed  with  said  coroner. 

Compensation. 

Sec.  2.  The  physician  so  appointed  shall  receive  as  compensation  for 
his  said  services  the  sum  of  twenty-four  hundred  dollars  per  annum, 
which  shall  be  paid  out  of  the  general  fund  of  the  county  in  monthly 


CORONERS.  20U'J 

installments  of  two  hundred  dollars,  at  the  same  time  and  in  the  same 
manner  as  county  officers  are  paid. 

Act  takes  effect  when. 

Sec.  3.     This  act  shall  take  effect  and  bo  in  force  from  and  after 
its  passage.  j 


A7i  Act  to  provide  an  official  stenographic  reporter  to  the  coroner  of 
each  county,  or  city  and  county,  having  one  hundred  thousand  or 
more  inhabitants,  and  providing  the  mode  in  whi^th  such  reporter  shall 
be  appointed,  and  establishing  the  compensation  and  prescribing  the 
duties  of  such  reporter. 

[Approved  March  26,  1895;   Stats.  1895,  p.  168.] 
Superseded    as   to    San   Francisco.     Superseded,    as    to    San    Francisco,    bj 
its  charter. 

S  1.     Coroners    of    cities    and    counties    of    one    hundred    thousand    to    appoint 
stenographer. 

§  2.      Salary. 

§  3.     Duties. 

§  4.      Oath. 

5  5.     Certified  report  prima  facie  correct. 

§  6.      Salary,   how  paid. 

§  7.     Act  takes  effect  when. 

Coroners  of  cities  and  counties  of  one  hundred  thousand  to  appoint 

stenogiapher. 

Section  1.  It  shall  be  lawful  for  the  coroner  of  every  county,  or 
eity  and  county,  of  this  state,  having  one  hundred  thousand  or  more 
inhabitants,  to  select  and  appoint  an  official  stenographic  reporter, 
such  reporter  to  hold  office  during  the  pleasure  of  the  coroner  making 
the  appointment. 

Salary. 

See.  2.  The  said  official  reporter  shall  be  allowed  and  shall  receive 
compensation  as  follows:  One  hundred  and  fifty  dollars  per  mouth. 

Duties. 

Sec.  3.  It  shall  be  the  duty  of  said  reporter  to  attend  all  inquests 
held  by  the  coroner  of  the  said  county,  or  city  and  county,  and  report 


2010  APPENDIX, 

in  shorthand  all  testimony  of  witnesses,  and  all  the  proceedings  of  said 
inquests,  and  to  transcribe  the  same  into  legible  longhand  and  furnish 
two  typewritten  copies  thereof,  and  shall  certify  the  same,  and  file  one 
of  the  copies  with  the  said  coroner  and  the  other  copy  with  the  clerk 
of  the  said  county,  or  city  and  county.  He  shall  also,  within  a  reason- 
able time  after  such  testimony  is  taken,  file  with  the  said  clerk  the 
shorthand  notes  taken  by  him  at  each  inquest. 

Oath. 

Sec.  4.  The  said  official  reporter  shall,  before  entering  upon  the 
duties  of  his  office,  take  and  subscribe  the  constitutional  oath  of  office. 

Certified  report  prima  facie  correct. 

Sec.  5.  Any  report  of  the  said  official  reporter  duly  appointed  and 
sworn,  when  written  out  in  longhand  writing  and  certified  by  him  as 
being  a  correct  transcript  of  the  testimony  and  proceedings  in  the 
case,  shall  be  prima  facie  a  correct  statement  of  such  testimony  and 
proceedings. 

Salary,  how  paid. 

Sec.  6.  The  salary  of  said  reporter  shall  be  audited  and  paid 
monthly  out  of  the  general  fund  of  the  said  county,  or  city  and  county. 

Act  takes  effect  when. 

Sec.  7.     This  act  shall  take  effect  from  and  after  its  passage. 


An  Act  concerning  the  attendance  of  physicians  and  surgeons  in  cer- 
tain cases,  and  to  provide  payment  for  making  chemical  and  post- 
mortem examinations. 

[Approved  February  8,   1872;    Stats.  1871-72,  p.   81.] 
§  1.     Coroner  may  summon  a  physician,   surgeon,   or  chemist. 
S  2.     Compensation  to  be  allowed  physician,   surgeon,   or   chemist. 

Coroner  may  summon  a  physician,  surgeon  or  chemist. 

Section  1.  The  coroner  or  other  officer  holding  an  inquest  upon  the 
body  of  a  deceased  person  may  summon  a  physician  or  surgeon  to  in- 
spect the  body,  or  a  chemist  to  make  an  analysis  of  the  contents  of  the 


CORONERS.  2011 

stomach,  or  the  tissues  of  the  body  of  the  deceased,  and  to  give  a 
professional  opinion  as  to  the  cause  of  the  death. 

Code  commissioner's  note  to  §  1.     The  code  commissioner  says,  in  his    "List 

of    Statutes    in    Force,"     that      "  As    to    §  1,     [it    is]    superseded    by    County 

Government  Act,  1897:  490,  §  142." 

Compensation  to  be  allowed  physician,  surgeon,  or  chemist. 

Sec.  2.  Any  physician,  surgeon,  or  chemist  professionally  attending 
as  a  witness  on  an  inquest,  or  upon  a  trial  of  any  person  charged  with 
murder  or  manslaughter,  or  in  cases  de  lunatico  inquirendo,  as  above 
provided,  shall  be  allowed  a  reasonable  compensation  for  such  attend- 
ance or  examination  by  the  board  of  supervisors,  upon  the  written 
certificate  of  the  court  or  officer  requiring  such  services,  as  to  the 
extent  and  supposed  value  of  the  same;  provided,  that  such  certificate 
shall  not  be  conclusive  as  to  the  amount  of  compensation. 


An  Act  to  provide  for  furnishing  assistants  to  the  coroner  of  each  city, 
or  city  and  county  liaving  one  hundred  thov^and  or  more  inhabitants, 
and  providing  the  mode  in  which  such  assistants  shall  be  appointed 
and  designated,  and  establishing  the  compensation  and  prescribing 
the  duties  of  such  assistants. 

[Approved  March  23,   1893;   Stats.  1893,  p.  190.] 
Superseded  as  to  San  Francisco.     Act  superseded  as  to  San  Francisco,  by 
its  charter. 

§  1.      Coroner  to  appoint  assistants. 

§  2.     Classification  and  designation  of  assistants.      Salaries.     Duty  of  assistants. 

§  3.      Salary,  how  paid. 

§  4.     Act  takes  effect  when. 

• 

Coroner  to  appoint  assistants. 

Section  1.  It  shall  be  lawful  for  the  coroner  to  every  city,  or  city 
and  county  of  this  state,  having  one  hundred  thousand  or  more  inhabi- 
tants, to  select  and  appoint  five  assistants.  Such  assistants  shall  hold 
their  respective  offices  at  the  pleasure  of  said  appointing  power. 

Classification  and  designation  of  assistants.     Salaries;  duty  of  assist- 
ants. 
Sec.  2.     Such  assistants  shall  be  classified  and  designated  as  follows: 

First  deputy  coroner,  second  deputy  coroner,  third   deputy   coroner, 


2012  APPENDIX. 

fourth  deputy  coroner,  messenger.  Said  deputies  shall  be  allowed  and 
receive  salaries  as  follows:  The  salary  of  the  first  deputy  shall  be  two 
hundred  dollars  per  month;  the  salary  of  the  second  deputy  shall  be 
one  hundred  and  fifty  dollars  per  month,  the  salary  of  the  third  and 
fourth  deputies  shall  be  one  hundred  and  twenty-five  dollars  per  month 
each;  the  salary  of  the  messenger  shall  be  seventy-five  dollars  per 
month.  It  shall  be  the  duty  of  said  deputies  to  act  as  deputy  coroners 
in  all  matters,  except  as  to  those  duties  which  are  forbidden  to  be 
delegated.  It  shall  be  the  duty  of  the  messenger  to  have  charge  of 
the  dead-wagon,  keep  in  order  the  morgue,  and  perform  such  other 
duties  as  are  required  by  the  coroner  or  his  deputies. 

Salary,  how  paid. 

Sec.  3.     The  salaries  of  the  said  assistants  shall  be  audited  and  paid 
monthly  out  of  the  general  fund  of  the  said  city,  or  city  and  county. 

Act  takes  effect  when. 

[Sec.  4.]     This  act  shall  take  effect  from  and  after  its  passage. 


COSTS. 

An  Act  concerning  the  payment  of  the  expenses  and  costs  of  the  trial 
of  convicts  for  crimes  committed  in  the  state  prison,  and  to  pay  the 
costs  of  the  trial  of  escaped  convicts,  and  to  pay  for  the  expenses  of 
coroner  inquests  in  said  prison. 

[Approved  April  12,  1880;   Stats.  1880,  p.  43.] 

§  1.     Cdits   and   expenses   of  trials   of   conTicts   for   crimes   committed   in    state 

prison. 
§  2.     Act  applies  to  what  cases  only. 
§  3.     Act  takes  effect  when. 

Costs  and  expenses  of  trials  of  convicts  for  crimes  committed  in  state 

prison. 

Section  1.  The  costs  and  expenses  of  all  trials  which  have  hereto- 
fore been  had  in  the  county  in  this  state  where  the  state  prison 
is  situated,  for  any  crime  committed  by  any  convict  in  the  state 
prison,  and  the  costs  of  guarding  and  keeping  such  convict,  and  the 
execution  of  the  sentence  of  said  convict  by  said  county,  and  the  costs 


DAIRIES.  2013 

and  expenses  of  all  trials  heretofore  had  for  the  escape  of  any  convict 
from  the  state  prison,  and  the  costs  and  cxpouses  of  all  coroner  in- 
quests heretofore  had  of  any  convict  at  the  state  prison  by  the  county 
where  said  prison  has  been  situated,  shall  be  certified  to  by  the  county 
clerk  of  said  county  wherein  said  trials  and  inquests  have  been  held 
to  the  board  of  state  prison  directors  for  their  approval,  and  after 
such  approval  they  shall  pay  the  same  out  of  the  money  appropriated 
for  the  support  of  the  state  prison  to  the  county  treasurer  of  said 
county  where  said  trials  have  been  had;  "provided,  that  this  act  shall 
not  apply  to  any  costs  or  expenses  incurred  since  January  first,  eigh- 
teen hundred  and  seventy-three." 

Act  applies  to  what  cases  only. 

Sec.  2.     This  act  shall  only  apply  to  cases  which  have  not  been  set- 
tled for  by  the  state. 

Act  takes  effect  when. 

Sec.  3.     This  act  shall  take  effect  immediately. 


DAIRIES. 

An  Act  to  proMMt  adulteration  and  deception  in  the  sale  of  dairy 
products,  defining  adulteration  in  dairy  products,  to  establish  standards 
of  quality  in  dairy  products  and  to  provide  for  enforcing  its  pro- 
visions. 

[1.   Approved   March    15,    1907;    Stats.    1907,    p.    265.      2.   Amended    April    22, 
1909;   Stats.  1909,  p.  1088.] 
§  1.      Sale  of  adulterated  milk  prohibited. 
§  2.     Definitions  and  standards. 
§  3.     Duty  of  state  dairy  bureau. 
§  4.     Penalty   for  violation   of   act.     Fines. 
§  5.      Interference  with  inspectors. 
5  6.      Duty  of  district   attorney. 
§  7.     Inconsistent  acts  repealed. 
S  8.     Act  takes  effect  when. 

Sale  of  adulterated  milk  prohibited. 

Section  1.     It  shall  be  unlawful  for  any  person  to  produce,  manu- 
facture or  prepare  for  sale,  or  to  sell  or  offer  for  sale,  or  have  on  hand 


2016  APPENDIX. 

without    salt,   and   contains    not    less   than    80    per    cent   of    milk-fat. 
[Amendment.    Approved  April  22,  1909;  Stats.  1909,  p.  1088.] 

Duty  of  state  dairy  bureau. 

Sec.  3.  It  shall  be  the  duty  of  the  state  dairy  bureau,  now  existing 
under  the  laws  of  this  state,  to  enforce  the  provisions  of  this  act;  pro- 
vided, that  nothing  in  this  act  shall  be  construed  to  prevent  any  city 
or  county  board  of  health  or  other  city  or  county  official  from  en- 
forcing the  provisions  of  this  act. 

Penalty  for  violation  of  act.     Fines. 

Sec.  4.  Any  person  who  shall  violate  any  of  the  provisions  of  tins 
act  shall  be  guilty  of  a  misdemeanor  and  upon  conviction  shall  be 
punished  by  a  fine  of  not  less  than  twenty-five  ($25.00)  dollars,  nor 
more  than  two  hundred  ($200.00)  dollars,  or  by  imprisonment  in  the 
county  jail  for  not  less  than  ten  nor  more  than  sixty  days.  Provided 
that  no  conviction  shall  be  had  where  a  conviction  is  sought  upon  any 
alleged  sample  of  milk,  or  product  of  milk,  unless  such  sample  has 
been  taken  in  duplicate,  sealed  and  marked  for  identification,  and  one 
of  such  samples  left  with  the  person  accused.  All  fines  collected  under 
this  act  shall  be  paid  to  the  state  dairy  bureau  when  the  complaint  is 
made  through  the  state  dairy  bureau  and  the  state  dairy  bureau  shall 
pay  the  same  to  the  state  treasurer  and  the  amount  paid  by  the  state 
dairy  bureau  to  the  state  treasurer  is  hereby  appropriated  to  the  use 
of  the  state  dairy  bureau  in  enforcing  this  act  for  the  fiscal  year  in 
which  the  amount  was  paid  to  the  state  treasurer. 

Interference  with  inspectors. 

Sec.  5.  It  shall  be  unlawful  for  any  person  to  prevent  or  interfere 
with  the  duly  authorized  inspectors  or  agents  of  the  state  dairy  bureau, 
or  any  city  or  county  board  of  health,  from  entering  any  place  ui 
premises  where  milk  or  products  of  milk  are  produced  or  manufactured 
or  prepared  or  to  prevent  or  interfere  with  such  inspectors  or  agents 
in  the  event  they  deem  it  advisable  to  secure  samples  of  milk  or  milk 
products  from  any  person  producing  or  selling  milk  or  products  of 
milk  for  the  purposing  [sic]  of  analyzing  the  same  to  ascertain  whether 
this  act  is  being  violated. 


DAIRIES.  2017 

Duty  of  district  attorney. 

Sec.  6.  It  shall  be  the  duty  of  the  district  attorney,  upon  applica- 
tion of  the  state  dairy  bureau  or  any  city  or  county  board  of  health 
to  attend  to  the  prosecution,  in  the  name  of  the  people,  of  any  com- 
plaint entered  for  violation  of  any  of  the  provisions  ol!  this  act  within 
his  district. 

Inconsistent  acts  repealed. 

Sec.  7.  All  acts,  or  parts  of  acts,  inconsistent  with  this  act  are 
hereby  repealed. 

Act  takes  effect  when. 

See.  8.  This  act  shall  take  effect  and  be  in  force  sixty  days  after 
its  passage. 


An  Act  to  prohibit  the  rise  of  chemicals  and  other  materials  in  milk 

and  milJc  products  to  prevent  fermentation  therein. 

[Approved  March  23,  1907;   Stats.  1907,  p.   971.] 

§  1.      Milk,  use  of  substances  to  prevent  fermentation  prohibited. 

§  2.     Duty  of  state  dairy  bureau. 

§  3.     Penalty  for  violation.      Samples  of  milk.     Disposition  of  fines. 
§  4.      Interference  with  inspectors. 
§  5.     Duty  of  district  attorney. 
§  6.      Inconsistent  acts  repealed. 
§  7.      Act  takes  effect  when. 

Milk,  use  of  substances  'jo  prevent  fermentation  prohibited. 

Section  1.  It  shall  be  unlawful  for  any  person  to  produce,  manufac- 
ture or  prepare  for  sale,  or  to  sell,  or  to  offer  for  sale,  or  have  on  hand 
for  sale,  any  milk  or  product  of  milk  to  which  has  been  added,  or  that 
may  contain,  any  compound  of  boron,  salicylic  acid,  formaldehyde  or 
other  chemical  or  substance  for  the  purpose  of  preventing  or  delaying 
fermentation.  It  shall  be  unlawful  for  any  person  to  produce,  manu- 
facture or  prepare  for  sale,  or  to  sell,  or  to  offer  for  sale,  or  have  on 
hand  for  sale,  any  milk,  cream  or  condensed  milk  to  which  any  coloring 
matter  has  been  added  by  any  person  or  to  which  any  gelatine  or 
other  substance  has  been  added  by  any  person  to  increase  the  con- 
sistency of  such  milk,  cream  or  condensed  milk,  so  as  [to]  make  such 


2018  APPENDIX. 

milk,  cream  or  condensed  milk  appear  richer  or  to  [sic]  better  quality; 
provided,  that  this  section  shall  not  be  construed  to  prohibit  the  use 
of  harmless  coloring  matter  and  common  salt  (chloride  of  sodium)  in 
butter  and  cheese.  The  word  "  person  "  as  used  in  this  act  shall  be 
construed  to  import  both  the  singular  and  plural,  as  the  case  demands, 
and  shall  include  individuals,  corporations,  companies,  societies  and 
associations.  "When  construing  and  enforcing  the  provisions  of  this 
act,  the  act,  omission  or  failure  of  any  employee,  officer,  agent  or  other 
person,  acting  for  or  employed  by  any  individual,  corporation,  com- 
pany, society  or  association,  within  the  scope  of  his  employment  or 
office,  shall  in  every  case  also  be  deemed  to  be  the  act,  omission  or 
failure  of  such  individual,  corporation,  company,  society  or  association, 
as  well  as  that  of  the  person.  The  provisions  of  this  act  shall  be  con- 
strued to  apply  to  hotel-keepers,  restaurant-keepers  and  boarding- 
house  keepers,  or  to  any  other  person  who  shall  serve  meals  and 
accept  money  therefor. 

Duty  of  state  dairy  bureau. 

Sec.  2.  It  shall  be  the  duty  of  the  state  dairy  bureau,  now  existing 
under  the  laws  of  this  state,  to  enforce  the  provisions  of  this  act; 
provided,  that  nothing  in  this  act  shall  be  construed  to  prevent  any 
city  or  county  board  of  health  or  other  city  or  county  official  from 
enforcing  the  provisions  of  this  act. 

Penalty  for  violation.     Samples  of  milk.     Disposition  of  fines. 

Sec.  3.  Any  person  who  shall  violate  any  of  the  provisions  of  t^is 
act  shall  be  guilty  of  a  misdemeanor  and  upon  conviction  shall  be 
punished  by  a  fine  of  not  less  than  twenty-five  dollars  ($25.00)  nor 
more  than  two  hundred  dollars  ($200.00)  or  by  imprisonment  in  the 
county  jail  for  not  less  than  ten  days  nor  more  than  sixty  days;  pro- 
vided that  no  conviction  shall  be  had  when  a  conviction  is  sought 
upon  any  alleged  sample  of  milk,  or  product  of  milk,  unless  such  sam- 
ple has  been  taken  in  duplicate,  sealed,  and  marked  for  identification, 
and  one  of  such  samples  left  with  the  person  accused.  All  fines  col- 
lected under  this  act  shall  be  paid  to  the  state  dairy  bureau  when  the 
complaint  is  made  through  the  state  dairy  bureau  and  the  state  dairy 
bureau  shall  pay  the  same  to  the  state  treasurer  and  the  amount  paid 
by  the  state  dairy  bureau  to  the  state  treasurer  is  hereby  appropriated 


DAIRIES.  2019 

to  the  use  of  the  state  dairy  bureau  for  the  fiscal  year  in  which  the 
amount  is  paid  to  the  state  treasurer. 

Interference  with  inspectors. 

Sec.  4.  It  shall  be  unlawful  for  any  person  to  prevent  or  interfere 
with  the  duly  authorized  inspectors  or  agents  of  the  state  dairy  bureau, 
or  any  city  or  county  board  of  health,  from  entering  any  place  or 
premises  where  milk  or  products  of  milk  are  produced  or  manufac- 
tured, or  prepared,  or  to  prevent  or  interfere  with  such  inspectors  or 
agents,  in  the  event  they  deem  it  advisable  to  secure  samples  of  milk 
or  milk  products  from  any  person  producing  or  selling  milk  or  pro- 
ducts of  milk  for  the  purpose  of  analyzing  the  same  to  ascertain 
whether  this  act  is  being  violated. 

Duty  of  district  attorney. 

Sec.  5.  It  shall  be  the  duty  of  the  district  attorney,  upon  applica- 
tion by  the  state  dairy  bureau  or  by  any  city  or  county  board  of  health 
to  attend  to  the  prosecution,  in  the  name  of  the  people,  of  any  com- 
plaint entered  for  the  violation  of  any  of  the  provisions  of  this  act 
within  his  district. 

Inconsistent  acts  repealed. 

Sec.  6.  All  acts,  or  parts  of  acts,  inconsistent  with  this  act  are 
hereby  repealed. 

Act  takes  effect  when. 

Sec.  7.  This  act  shall  take  effect  and  be  in  force  sixty  days  after 
its  passage. 


An  Act  to  regulate  the  production  and  sole  of  certified  milk. 
[Approved  March  18,  1909;   Stats.  1909,  p.  402.] 
§  1.      Certified  milk,    sale  of.     Uniform   requirements. 
§  2.      Penalty. 

Certified  milk,  sale  of.     Uniform  requirements. 

Section  1.  No  person  shall  sell  or  exchange,  or  offer  or  expose  for 
sale  or  exchange,  as  and  for  certified  milk  any  milk  which  does  not 
conform  to  the  regulations  prescribed  by,  and  bear  the  certification  of, 


2020  APPENDIX. 

a  milk  commission  appointed  by  a  county  medical  society  organized 
under  and  chartered  by  the  medical  society  of  the  state  of  California 
and  which  has  not  been  pronounced  by  such  authority  to  be  free  from 
antiseptics,  added  preservatives,  and  pathogenic  bacteria,  or  bacteria 
in  excessive  numbers.  All  milk  sold  as  certified  milk  shall  be  con- 
spicuously marked  with  the  name  of  the  commission  certifying  it. 
Provided  that  such  milk  commission  shall  make  all  requirements  for 
the  production  and  handling  of  certified  milk  uniform  and  fair,  and 
shall  not  refuse  to  certify  milk  for  any  applicant  for  certification  who 
shall  comply  with  the  provisions  of  this  act,  and  the  requirements  of 
the  milk  commission  whose  certification  is  sought. 

Penalty. 

Sec.  2.  Any  person  who  shall  violate  any  of  the  provisions  of  this 
act  shall  be  guilty  of  a  misdemeanor  and,  upon  conviction,  shall  be 
punished  by  a  fine  of  not  less  than  twenty-five  ($25)  dollars  nor  more 
than  two  hundred  ($200)  dollars,  or  by  imprisonment  in  the  county  jail 
for  not  less  than  ten  (10)  nor  more  than  sixty  (60)  days. 


DRUGS. 

Act  preventing  manufacture,  sale,  or  transportation  of  adulterated,  mis- 
labeled, or  misbranded  drugs,  and  establishing  a  state  laboratory  for  drugs: 
See  ante,  Appendix,  tit.    "  Adulteration." 


An  Act  for  the  prevention  of  the  manufacture,  sale  or  transportation 
of  adulterated,  mislabeled  or  mishranded  drugs,  regulating  the  traffic 
in  drugs  and  providing  penalties  for  violation  thereof. 
[Approved  March  11,  1907;    Stats.  1907,  p.  230.] 

§    1.     Sale  of  adulterated  drugs  prohibited.      Goods  intended  for  export. 

§    2.     Definition  of  term     "  drug." 

§     3.      Standard  of  purity. 

§    4.     What  constitutes  adulteration. 

§     5.      Definition  of  term     "  misbranded." 

§     6.     What  shall  be  deemed  mislabeled  or  misbranded. 

§     7.     Definition  of  term      "  package." 

§    8.     Evidence  of  violation  of  act. 

S    9.     State   laboratory   to   analyze   suspected   drugs.     Right   of   sheriff   to   pur- 
chase or  seize. 


DRUGS.  2021 

§  10.  Report  to  district  attorney. 

§  11.  Unlawful  to  refuse  to  sell  to  sheriff. 

§  12.  When  analysis  shows  adulteration,  report. 

§  13.  Evidence  of  facts. 

§  14.  Annual  report  of  director  of  state  laboratory. 

§  15.  Hearings    for    violation    of   act.     Where    held.     Facts    to    be    certified   to 

district  attorney. 

§  16.  Duty  of  sheriff. 

§  17.  Fees  of  sheriff. 

§  18.  Duty  of  district   attorney. 

§  19.  Penalty  for  violation  of  act. 

§  20.  Disposition  of  fines. 

§  21.  Guaranty  of  jobber  protects  dealer.     Prosecution  of  jobber. 

§  22.  Act  takes  effect  when. 

Sale  of  adulterated  drugs  prohibited.     Goods  intended  for  export. 

Section  1.  The  manufacture,  production,  preparation,  compounding, 
packing,  selling,  offering  for  sale  or  keeping  for  sale  within  the  state 
of  California,  or  the  introduction  into  this  state  from  any  other  state, 
territory,  or  the  District  of  Columbia,  or  from  any  foreign  country,  of 
any  drug  which  is  adulterated,  mislabeled  or  misbranded  within  the 
meaning  of  this  act  is  hereby  prohibited.  Any  person,  firm,  company, 
or  corporation  who  shall  import  or  receive  from  any  other  state  or 
territory  or  the  District  of  Columbia  or  from  any  foreign  country,  or 
who  having  so  received  shall  deliver  for  pay  or  otherwise,  or  offer  to 
ileliver  to  any  other  person,  any  drug  adulterated,  mislabeled  or  mis- 
branded  within  the  meaning  of  this  act,  or  any  person  who  shall  manu- 
facture or  produce,  prepare  or  compound,  or  pack  or  sell,  or  offer  for 
sale,  or  keep  for  sale,  in  the  state  of  California,  any  such  adulterated, 
mislabeled,  or  misbranded  drug,  shall  be  guilty  of  a  misdemeanor;  pro- 
vided, that  no  article  shall  be  deemed  misbranded,  mislabeled  or 
adulterated  within  the  provisions  of  this  act  when  intended  for  export 
to  any  foreign  country  and  prepared  or  packed  according  to  the 
specifications  or  directions  of  the  foreign  purchaser  when  no  substance 
is  used  in  the  preparation  or  packing  thereof  in  conflict  with  the  laws 
of  the  foreign  country  to  which  said  article  is  intended  to  be  shipped; 
but  if  said  article  shall  be  in  fact  sold  or  offered  for  sale  for  domestic 
use  or  consumption,  then  this  proviso  shall  not  exempt  said  article 
from  the  operation  of  any  of  the  other  provisions  of  this  act. 


2022  APPENDIX. 

Definition  of  term  "  drug." 

Sec.  2.  That  the  term  "  drug  "  as  used  in  this  act,  shall  include  all 
medicines  and  preparations  recognized  in  the  United  States  Pharma- 
copoeia or  National  Formulary  for  internal  or  external  use,  and  any 
substance  or  mixture  of  substances  intended  to  be  used  for  the  cure, 
mitigation,  or  prevention  of  disease  of  either  man  or  other  animals. 

Standard  of  purity. 

Sec.  3.  The  standard  of  purity  of  drugs  shall  be  the  United  States 
Pharmacopoeia  and  National  Formulary,  and  the  regulations  and  defi- 
nitions adopted  for  the  enforcement  of  the  food  and  drugs  act  of  June 
30,  1906,  shall  be  adopted  by  the  state  board  of  health  for  the  enforce- 
ment of  this  act. 

What  constitutes  adulteration. 

Sec.  4.  Drugs  shall  be  deemed  adulterated  within  the  meaning  of 
this  act  in  any  of  the  following  cases: 

First.  If,  when  a  drug  is  sold  under  or  by  a  name  recognized  in  the 
United  States  Pharmacopoeia  or  National  Formulary,  it  differs  from 
the  standard  of  strength,  quality  or  purity,  as  determined  by  the  test 
laid  down  in  the  United  States  Pharmacopoeia  or  National  Formulary 
ofiicial  at  the  time  of  investigation;  provided,  that  no  drug  defined  in 
the  United  States  Pharmacopoeia  or  National  Formulary  shall  be 
deemed  to  be  adulterated  under  this  provision  if  the  standard  of 
strength,  quality,  or  purity  be  plainly  stated  upon  the  package  thereof 
although  the  standard  may  differ  from  that  determined  by  the  test 
laid  down  in  the  United  States  Pharmacopoeia  or  National  Formulary. 

Second.  If  the  strength  or  purity  fall  below  the  professed  standard 
or  quality  under  which  it  is  sold. 

Definition  of  term  "  misbranded." 

Sec.  5.  That  the  term  "  misbranded  "  as  used  herein  shall  apply  to 
all  drugs,  the  package  or  label  of  which  shall  bear  any  statement,  de- 
sign, or  device,  regarding  such  article  or  the  ingredients  or  substances 
contained  therein  which  shall  be  false  or  misleading  in  any  particular, 
and  to  any  drug  which  is  falsely  branded  or  labeled  as  to  the  county, 
city  and  county,  city,  town,  state,  territory,  District  of  Columbia  or 
foreign  country  in  which  it  is  manufactured  or  produced. 


DRUGS.  2023 

What  shall  be  deemed  mislabeled  or  misbranded. 

Sec.  6.  Drugs  shall  be  deemed  niishibelod  or  misbranded  under  the 
meaning  of  this  act  in  either  of  the  following  eases: 

First.  If  it  be  an  imitation  of  or  offered  for  sale  under  the  name 
of  another  article. 

Second.  If  the  contents  of  the  package  as  originally  put  up  shall 
have  been  removed,  in  whole  or  in  part,  and  other  contents  shall  have 
been  placed  in  such  package,  or  if  the  package  as  offered  for  sale  at 
retail  or  wholesale,  fail  to  bear  a  statement  on  the  label  of  the  per 
cent  of  volume  of  alcohol,  or  the  quantity  of  any  morphine,  opium, 
cocaine,  heroin,  alpha  or  beta  eucaine,  chloroform,  cannabis  indica, 
chloral  hydrate,  aeetanilide,  or  any  derivative  or  preparation  of  any 
such  substances  contained  therein,  except  when  prescribed  by  a  licensed 
physician,  licensed  dentist,  or  licensed  veterinary  surgeon. 

Definition  of  term  "  package." 

Sec.  7.  The  term  "  package  "  as  used  in  this  act  shall  be  construed 
to  include  any  phial,  bottle,  jar,  demijohn,  carton,  bag,  case,  can,  box 
or  barrel  or  any  receptacle,  vessel  or  container  of  whatsoever  material 
or  nature  which  may  be  used  by  a  manufacturer,  producer,  jobber, 
packer  or  dealer,  for  inclosing  any  drug. 

Evidence  of  violation  of  act. 

Sec.  8.  The  sale  or  oft'ering  for  sale  of  any  adulterated,  mislabeled 
or  misbranded  drug  by  any  manufacturer,  producer,  jobber,  packer  or 
dealer  in  drugs,  or  broker,  commission  merchant,  agent,  employee  or 
servant  of  any  such  manufacturer,  producer,  jobber,  packer  or  dealer, 
shall  be  prima  facie  evidence  of  the  violation  of  this  act. 

State  laboratory  to  analyze  suspected  drugs.    Right  of  sheriff  to  pur- 
chase or  seize. 

Sec.  9.  Whenever  required  by  the  state  board  of  health  or  its 
secretary,  examinations  and  analyses  of  drugs  on  sale  in  California 
suspected  of  being  adulterated,  mislabeled  or  misbranded,  shall  be 
made  by  the  director  of  the  state  laboratory  for  the  examination  and 
analysis  of  foods  and  drugs.  Said  state  board  of  health  or  the  secre- 
tary may  appoint  such  agent  or  agents  as  it  may  deem  necessary  for 
the  enforcement  of  this  act,  and  the  sheriffs  of  the  respective  counties 


2024  APPENDIX. 

of  the  state  are  hereby  appointed  and  constituted  such  agents.  Any 
agent  or  sheriff  shall  have  the  right  to  purchase  at  the  place  of  busi- 
ness of  any  manufacturer  or  dealer,  any  drug  suspected  of  being 
adulterated,  mislabeled  or  misbranded  within  the  meaning  of  this  act, 
tendering  the  market  price  of  said  articles,  if  a  sale  be  refused,  he 
may  take  from  any  person,  firm  or  corporation  samples  of  any  articles 
suspected  of  being  adulterated,  mislabeled  and  misbranded,  and  shall 
deliver  or  forward  such  samples  to  the  said  director  of  the  state 
laboratory  for  examination  and  analysis. 

Report  to  district  attorney. 

Sec.  10.  It  shall  be  the  duty  of  the  state  board  of  health  whenever 
it  has  satisfactory  evidence  of  the  violation  of  any  of  the  provisions 
of  this  act  respecting  the  adulteration,  mislabeling  or  misbranding  of 
drugs,  to  report  such  facts  to  the  district  attorney  of  the  county  where 
the  law  is  violated. 

Unlawful  to  refuse  to  sell  to  sheriff. 

See.  11.  It  shall  be  a  misdemeanor  for  any  person  to  refuse  to  sell 
to  any  sheriff  or  other  agent  of  the  state  board  of  health,  any  sample 
of  drug  upon  tender  of  the  market  price  therefor,  or  to  conceal  any 
such  drug  from  such  officer,  or  to  withhold  from  him  information 
where  such  drug  is  kept  or  stored.  Any  such  person  so  refusing  to 
sell,  or  concealing  such  drug,  or  withholding  such  information  from 
said  officer,  shall  upon  conviction,  be  punished  as  provided  in  section 
nineteen  of  the  Penal  Code  of  the  state  of  California. 

When  analysis  shows  adulteration,  report. 

Sec.  12.  Whenever  said  director  shall  find  from  his  examination  and 
analysis  that  adulterated,  mislabeled  or  misbranded  drugs  have  been 
on  sale  in  this  state,  he  shall  forthwith  report  to  the  secretary  of  the 
state  board  of  health,  and  shall  promptly  transmit  a  certificate  of  the 
facts  so  found  to  the  district  attorney  of  the  county  in  which  said 
adulterated,  mislabeled  or  misbranded  drug  was  found. 

Evidence  of  facts. 

Sec.  13.  Every  certificate  signed  by  the  said  director  of  the  state 
laboratory  shall  be  prima  facie  evidence  of  the  facts  therein  stated. 


DRUGS.  2025 

Annual  report  of  director  of  state  laboratory. 

Sec.  14.  The  said  director  of  the  state  laboratory  shall  make  an 
annual  report  to  the  state  board  of  health,  on  or  before  August  first 
of  each  year,  upon  adulterated,  mislabeled  or  misbranded  drugs,  in 
wliich  report  shall  be  included  the  list  of  cases  examined  by  him  in 
which  adulterants  were  found,  and  the  list  of  articles  found  mislabeled 
or  misbranded,  and  the  names  of  the  manufacturers,  producers,  job- 
bers and  sellers.  Said  report,  or  any  part  thereof,  may,  in  the 
discretion  of  the  state  board  of  health,  be  included  in  the  report  which 
the  state  board  of  health  is  already  authorized  by  law  to  make  to  the 
governor.  The  state  board  of  health  may,  in  its  discretion  publish 
any  part  of  said  report  in  any  issue  of  its  monthly  bulletin. 

Hearings  for  violation  of  act.     Where  held.     Facts  to  be  certified  to 

district  attorney. 

Sec.  15.  When  the  examination  or  analysis  of  the  director  of  the 
state  laboratory  shows  that  any  of  the  provisions  of  this  act  have 
been  violated,  notice  of  that  fact  together  with  a  copy  of  the  certifi- 
cate of  the  findings,  shall  be  furnished  to  the  party  or  parties  from 
whom  the  sample  was  obtained  or  who  executed  the  guaranty  as  pro- 
vided in  this  act,  and  a  date  shall  be  fixed  by  the  secretary  of  the 
board  of  health  at  which  time  said  party  or  parties  may  be  heard 
before  the  state  board  of  health  or  any  two  members  thereof,  and  the 
secretary.  The  hearing  shall  be  held  in  the  city  of  Sacramento  and  at 
least  fifteen  daj's  notice  thereof  shall  be  first  served  upon  the  party 
complained  of.  These  hearings  shall  be  private  and  confined  to  ques- 
tions of  fact.  The  parties  interested  therein  may  appear  in  person  or 
by  attorneys  and  may  propound  the  interrogatories  and  submit  oral  or 
written  evidence  to  show  any  fault  or  error  in  the  findings  made  by 
the  director  of  the  state  laboratory.  If  the  examination  or  analysis 
be  found  correct,  or  if  the  party  or  parties  fail  to  appear  at  such 
hearing,  after  notice  duly  served  as  provided  herein,  the  secretary  of 
the  state  board  of  health  shall  forthwith  transmit  a  certificate  of  the 
facts  so  found  to  the  district  attorney  of  the  county  in  which  said 
adulterated,  mislabeled  or  misbranded  drug  was  found.  No  publica- 
tion thereof  shall  be  made  until  after  said  hearing  is  concluded. 


2026  APPENDIX. 

Duty  of  sheriff. 

Sec.  16.  It  is  hereby  made  the  duty  of  the  sheriff  of  any  county  of 
this  state,  on  presentation  to  him  of  a  verified  complaint  of  the  viola- 
tion of  any  provisions  of  this  act,  at  once  to  obtain  by  purchase  a 
sample  of  the  adulterated,  mislabeled  or  misbranded  drug  complained 
of  and  divide  said  article  into  three  parts,  and  each  part  shall  be  sealed 
by  the  sheriff  with  a  seal  provided  for  that  purpose.  If  the  package 
be  less  than  four  pounds,  or  in  volume  less  than  two  quarts,  three 
packages  of  approximately  the  same  size  shall  be  purchased  and  the 
marks  and  tags  upon  each  package  noted  as  above.  One  sample  shall 
be  delivered  to  the  party  from  whom  procured,  or  to  the  party  guaran- 
teeing said  drug.  One  sample  shall  be  sent  to  the  director  of  the 
state  laboratory,  and  the  third  sample  shall  be  sent  to  and  held  under 
seal  by  the  state  board  of  health. 

Fees  of  sheriff. 

Sec.  17.  For  his  services  hereunder  the  said  sheriff  shall  be  al- 
lowed the  same  fees  for  travel  allowed  by  law  to  sheriffs  on  service 
of  criminal  process,  together  with  such  compensation  as  by  the  board 
of  supervisors  of  his  county  may  be  deemed  reasonable,  and  all  ac- 
counts expended  by  him  in  procuring  and  transmitting  the  said  sam- 
ples, which  fees  and  amount  expended  shall  be  audited  and  allowed 
by  the  said  supervisors  and  paid  by  his  said  county  as  other  bills  of 
said  sheriff. 

Duty  of  district  attorney. 

Sec.  18.  It  shall  be  the  duty  of  the  district  attorney  of  each  county 
to  prosecute  all  violations  of  the  provisions  of  this  act  occurring 
within  his  county. 

Penalty  for  violation  of  act. 

Sec.  19.  Any  person,  firm,  company  or  corporation  violating  any  of 
the  provisions  of  this  act,  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  shall  be  punished  by  a  fine  of  not  less  than  twenty-five 
dollars,  nor  more  than  five  hundred  dollars,  or  shall  be  imprisoned  in 
the  county  jail  for  a  term  not  exceeding  six  months,  or  by  both  such 
fine  and  imprisonment.     Drugs  found  to  be  adulterated  or  misbranded 


DRUGS.  2027 

within  the  meaning  of  this  act  may,  by  order  of  any  court  or  judge, 
be  seized  and  destroyed. 

Disposition  of  fines. 

Sec.  20.  One  half  of  all  fines  collected  by  any  court  or  judge  for 
the  violations  of  the  provisions  of  this  act  shall  be  paid  to  the  state 
treasurer  and  the  state  treasurer  shall  deposit  such  money  to  the 
credit  of  the  fund  for  the  maintenance  of  the  state  laboratory,  to  be 
drawn  against  by  warrants  of  the  state  controller  upon  claims  which 
shall  be  approved  by  the  state  board  of  examiners. 

Guaranty  of  jobber  protects  dealer.     Prosecution  of  jobber. 

Sec.  21.  No  dealer  shall  be  prosecuted  under  the  provisions  of  this 
act,  when  he  can  establish  a  guaranty  signed  by  the  wholesaler,  job- 
ber, manufacturer  or  other  party  residing  in  the  United  States  from 
whom  he  purchased  such  article  to  the  effect,  that  the  same  is  not 
adulterated  or  misbranded  within  the  meaning  of  this  act,  designat- 
ing it.  Said  guaranty  to  afford  protection,  must  contain  the  name 
and  address  of  the  party  or  parties  making  the  sales  of  such  article 
to  said  dealer,  and  an  itemized  statement  showing  the  articles  pur- 
chased; or  a  general  guaranty  may  be  filed  with  the  Secretary  of  the 
United  States  Department  of  Agriculture  by  the  manufacturer,  whole- 
saler, jobber  or  other  party  in  the  United  States  and  be  given  a 
serial  number,  which  number  shall  appear  on  each  and  every  pack- 
age of  goods  sold  under  such  guaranty  with  the  words  "  Guaranteed 
under  the  food  and  drugs  act,  June  30,  1906."  In  case  the  whole- 
saler, jobber,  manufacturer  or  other  party  making  such  guaranty  to 
said  dealer  resides  without  this  state,  and  it  appears  from  the  certifi- 
cate of  the  director  of  the  state  laboratory  that  such  article  or  arti- 
cles were  adulterated  or  misbranded,  within  the  meaning  of  this  act, 
or  the  national  pure  food  act,  approved  June  30,  1906,  the  district 
attorney  must  forthwith  notify  the  attorney-general  of  the  United 
States  of  such  violation. 

Act  takes  effect  when. 

Sec.  22.  This  act  shall  be  in  force  and  effect  from  and  after  the 
first  day  of  January,  nineteen  hundred  and  eight. 


2028  APPENDIX. 


ELECTIONS. 

An  Act  to  prohibit  "  piece  clubs,"  and  to  prevent  extortion  from  candi- 
dates for  office. 
[Approved  March  14,   1878;    Stats.   1877-78,  p.  236.] 
§1.      Election   expenses;   how  raised. 
§  2.     Misdemeanor. 
§  3.     Certain  acts  declared  unlawful. 
§  4.     Misdemeanor. 
§  5.      Same. 
§  6.      Same. 

§  7.     Applies  only  to  San  Francisco. 
§  8.     Act  takes  effect  when. 
Code  commissioner's  note.     The  code  commissioner  says  of  this  act,  in  his 
"  List  of  Statutes  in  Force,"     "  Modified,   if  not  repealed,   by   the   Purity  of 
Elections  Act,   1893:   12." 

Election  expenses;  how  raised. 

Section  1.  All  payments  and  contributions  of  money  for  election 
expenses,  made  by  candidates  for  office  in  this  state,  shall  hereafter 
be  assessed  and  made  by  such  candidates  by  voluntary  assessment 
among  themselves,  and  not  otherwise,  and  at  meetings  to  be  called 
for  such  purpose,  at  which  meetings  none  but  candidates  for  office 
at  the  next  ensuing  election  shall  be  present  or  participate. 

Misdemeanor. 

Sec.  2.  Any  person  being  a  candidate  for  office  in  this  state,  who 
shall  directly  or  indirectly  pay,  or  knowingly  cause  to  be  paid,  any 
money  or  other  valuable  thing  to  any  person,  as  an  assessment  or  con- 
tribution for  the  expenses  of  the  election  at  which  such  person  or 
candidate  is  to  be  voted  for,  except  the  contribution  or  assessment 
so  agreed  upon  by  such  meeting  of  candidates,  shall  be  deemed  guilty 
of  a  misdemeanor,  and,  upon  conviction,  punished  accordingly. 

Certain  acts  declared  unlawful. 

Sec.  3.  It  shall  not  be  lawful  for  any  committee,  convention,  or 
other  association,  formed  for  the  purpose  of  nominating  a  candidate 
or  candidates  for  office  in  this  state,  to  levy,  assess,  collect,  demand, 
or  receive,  directly  or  indirectly,  any  money  or  other  valuable  thing 


ELECTIONS.  2029 

from  any  candidate  or  candidates  nominated  for  oiTice  by  such  com- 
mittee, convention,  or  other  association,  either  for  the  expenses  of 
printing  or  distributing  tickets,  or  for  any  of  the  expenses  of  the 
election  of  such  candidate  or  candidates,  or  as  or  for  the  expenses  of 
such  nominating  convention,  committee,  or  other  association,  or  under 
or  upon  any  pretense  whatsoever. 

Misdemeanor. 

Sec.  4.  Any  officer  or  member  of  any  such  committee,  convention, 
or  association,  or  other  person,  who  shall  vote  for,  aid,  authorize,  as- 
sist, or  consent  to  any  such  levy,  assessment,  or  collection  from  any 
candidate  or  candidates,  shall  be  deemed  guilty  of  a  misdemeanor, 
and,   on   conviction,   punished   accordingly. 

Same. 

Sec.  5.  Any  person  who  shall  demand,  ask  for,  collect,  or  receive, 
either  directly  or  indirectly,  any  money  or  other  valuable  thing  from 
any  candidate  or  candidates  for  office  in  this  state,  on  the  ground 
that  such  money  or  other  valuable  thing  has  been  assessed  to  such 
candidate  or  candidates,  or  asked  for,  demanded,  or  required  by  any 
person,  nominating  convention,  committee,  or  other  political  associa- 
tion, as  or  for  the  costs  of  printing  or  distributing  tickets,  or  for  the 
payment  of  election  expenses  of  any  kind  or  nature  whatsoever,  or 
as  or  for  the  expenses  of  such  nominating  committee,  convention,  or 
association^  shall,  for  each  offense,  be  deemed  guilty  of  a  misde- 
meanor, and,  on  conviction,  shall  be  punished  accordingly;  but  noth- 
ing herein  contained  shall  prevent  the  candidates  at  any  election 
from  assembling  together  and  voluntarily  assessing  themselves  for 
any  expenses  authorized  by  law  for  the  common  good  of  the  ticket, 
and  to  collect  and  disburse  the  same  by  agents  appointed  for  such 
purpose. 

Same. 

Sec.  6.  Any  person  who  shall  voluntarily  and  unsolicited  offer  to 
work  for  and  assist,  or  in  any  manner  whatsoever  contribute  to  the 
nomination  or  election  of  any  candidate  or  other  person  to  any  office 
in  this  state,  for  the  purpose  and  with  the  intent  to  have  such  candi- 
date or  person  pay  fur,  or  in  any  manner  compensate  such  person  so 


2030  APPENDIX. 

offering  for  such  work  or  services,  shall  be  deemed  guilty  of  a  mis- 
demeanor,  and,   on  conviction,  punished  accordingly. 

Applies  only  to  San  Francisco. 

Sec.  7.  This  act  shall  apply  only  to  the  city  and  county  of  San 
Francisco. 

Act  takes  effect  when. 

Sec.  8.  This  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 

EMIGRATION. 

An  Act  to  promote  emigration  from  the  state  of  California. 
[Approved  March  26,  1880;  Stats.  1880,  p.  15.] 

To  promote  emigration  from  state. 

Section  1.  It  shall  be  unlawful  for  the  owners,  officers,  agents,  or 
employees  of  any  steamship  company,  sailing  vessel,  or  railroad  com- 
pany, or  firm,  or  corporation  that  may  be  engaged  in  this  state  in  the 
transportation  of  passengers  to  and  from  any  foreign  port,  to  with- 
hold or  refuse  any  person  or  persons  the  right  to  purchase  a  passage 
ticket  or  tickets  to  any  foreign  country,  for  the  reason  that  he  or 
they  have  not  presented  a  certificate,  card,  or  other  document  what- 
soever, showing  that  such  person  has  paid  in  full,  or  in  part,  any  or 
all  dues,  debts,  or  demands,  or  otherwise,  or  any  sum  whatsoever,  to 
any  society,  company,  corporation,  association,  or  individual,  or  firm; 
and  any  person  or  corporation  who  shall  violate  the  provisions  of 
this  section,  or  in  pursuance  of  any  agreement,  oral  or  written,  refuse 
to  sell  a  passage  ticket  to  any  person  to  any  foreign  country,  shall 
be  guilty  of  a  misdemeanor,  and,  upon  conviction,  shall  be  punished 
by  a  fine  of  not  less  than  one  hundred  nor  more  than  five  hundred 
dollars;  provided,  that  nothing  in  this  section  shall  be  construed  in 
any  manner  to  apply  to  any  passport  or  other  document  required  by 
law  to  be  presented,  having  the  signature  or  seal  of  any  foreign 
consul  resident  within  this  state. 

Act  takes  effect  when. 

Sec.  2.     This  act  shall  take  effect  on  and  after  its  passage. 


EMPLOYMENT   AGENTS.  2031 

EMPLOYMENT  AGENTS. 

An  Act  defining  the  duties  and  liabilities  of  employment  agents,  maJcing 
the  inolation  thereof  a  misdemeanor  and  fixing  penalties  therefor. 

[1.  Approved  February  12,  1903;  Stats.  1903,  p.  14.  2.  Amended  March  18, 
1905;  Stats.  1905,  p.  143.  3.  Amended  March  3,  1909;  Stats.  1909,  p. 
137.      4.  Amended  March  6,   1909;   Stats.  1909,  p.  149.] 

I     1.     Employment  agent  defined. 

§     2.      Relative  to  fees. 

§  3.  Employment  agents,  misrepresentation  by.  Return  of  fees  paid  and  cer- 
tain expenses,  when  influenced  by  misrepresentation. 

§    4.      Amount  of  fee  to  be   charged.      [Repealed.] 

§     5.      Duty  of  tax-collector. 

§     6.      Record  of  applications. 

§    7.     Bureau  of  labor,  right  of,   to  inspect  record. 

§     8.      Penalty.     Disposition  of  fines. 

§     9.      Inconsistent  acts  repealed. 

§  10.     Act  takes  effect  when. 

Employment  agent  defined. 

Section  1.  Any  person,  firm,  corporation,  or  association  pursuing 
for  profit  the  business  of  furnishing,  directly  or  indirectly,  to  per- 
sons seeking  employment,  information  enabling,  or  tending  to  enable, 
such  persons  to  secure  such  employment,  or  registering  for  any  fee, 
charge,  or  commission  the  names  of  any  person  seeking  employment 
as  aforesaid,  shall  be  deemed  to  be  an  employment  agent  within  the 
meaning  of  this  act. 

Relative  to  fees. 

Sec.  2.  It  shall  be  unlawful  for  an  employment  agent  in  the  state 
of  California  to  receive,  directly  or  indirectly,  any  money  or  other 
valuable  consideration  from  any  person  seeking  employment,  for  any 
information  or  assistance  furnished  or  to  be  furnished  by  said  agent 
to  such  person,  enabling  or  tending  to  enable  said  person  to  secure 
such  employment,  prior  to  the  time  at  which  said  information  or  as- 
sistance is  actually  thus  furnished. 

Employment  agents,  misrepresentation  by.    Return  of  fees  paid  and 
certain  expenses,  when  influenced  by  misrepresentation. 
Sec.  3.     It  shall  be  unlawful  for  any  employment  agent  in  the  state 

of  California,  to  induce,  influence,  persuade,  or  engage  any  person  to 


2032  APPENDIX. 

change  from  one  place  to  another  in  this  state,  or  to  change  from  any 
place  in  any  state,  territory,  or  country,  to  any  place  in  this  state 
to  work  in  any  branch  of  labor,  through  or  by  means  of  any  repre- 
sentations whatsoever,  whether  spoken,  written,  or  advertised  in 
printed  form,  unless  such  employment  agent  shall  have  assured  him- 
self beyond  a  reasonable  doubt  that  such  representations  are  true  and 
cover  all  the  material  facts  affecting  the  employment  in  question. 
Whenever  any  such  representation,  whereby  any  person  is  induced,  in- 
fluenced, persuaded,  or  engaged  to  change  from  one  place  to  another 
in  this  state,  or  from  any  place  in  any  state,  territory,  or  country,  to 
any  place  in  this  state  to  work  in  any  branch  of  labor,  shall  prove 
to  be  in  any  material  degree  at  variance  with,  or  short  of  the  truth, 
the  employment  agent  responsible  for  such  representations  shall  im- 
mediately return  to  any  person  who  shall  have  been  influenced,  by 
such  representations,  any  and  all  fees  paid  by  such  person  to  said 
employment  agent  on  the  strength  of  such  representations,  together 
with  an  amount  of  money  suSicient  to  cover  all  necessary  expenses 
incurred  by  such  person  influenced  by  such  representations  in  going 
to  and  returning  from,  any  place  he  shall  have  been  influenced  by 
such  representations  to  visit  in  the  hope  of  employment.  [Amend- 
ment.    Approved  March  18,   1905;   Stats.  1905,  p.  143.] 

Amount  of  fee  to  be  charged. 

Sec.  4.     [Eepealed  March  18,  1905;  Stats.  1905,  p.  143.] 

Duty  of  tax-collector. 

Sec.  5.  The  tax-collector  or  license-collector  of  each  respective  city, 
county  or  city  and  county  of  the  state  of  California  shall  furnish 
quarterly,  to  the  commissioner  of  the  bureau  of  labor  statistics  of  the 
state  of  California  the  name  and  address  of  each  employment  agent 
doing  business  in  said  city,  county  or  city  and  county;  provided,  that 
where  the  license  is  not  a  county  license,  but  is  collected  by  a 
municipal  government,  then  the  municipal  collector  of  said  tax  shall 
furnish  the  names  and  addresses. 

Record  of  applications. 

See.  6.  Each  employment  agent  in  the  state  of  California  shall 
keep  a  written   record,   which   shall   show    the   name   of   each   person 


EMPLOYMENT   AGENTS.  2033 

making  application  to  said  agent  for  registration,  information  or  as- 
sistance, such  as  is  described  in  section  two  hereof;  the  name  of  each 
such  person  to  whom  such  registration  or  information  is  furnished; 
and  the  amount  received  in  each  such  case  therefor;  the  name  of 
each  person  who,  having  received  and  paid  for,  as  herein  contem- 
plated, registration,  information  or  assistance  such  as  is  described  in 
section  two  hereof,  fails  to  secure  the  employment  regarding  which 
such  registration,  information  or  assistance  is  furnished,  together 
with  the  reason  why  said  employment  was  not  by  said  person  secured, 
and  the  name  of  each  person  to  whom  return  is  made,  in  accordance 
with  the  provisions  of  section  three  hereof,  of  any  money  or  other 
consideration  such  as  is  in  said  section  named,  together  with  the 
amount  of  said  money,  or  the  value  of  said  consideration,  thus  returned. 

Bureau  of  labor,  right  of,  to  inspect  record. 

Sec.  7.  Each  employment  agent  in  the  state  of  California  shall 
permit  the  commissioner  of  the  bureau  of  labor  statistics  of  said  state, 
by  himself,  or  by  his  deputies  or  agents,  to  have  at  all  times  access 
to,  and  to  inspect,  the  record  in  section  six  hereof  named,  and  upon 
demand  in  writing  therefor  by  said  commissioner,  shall  furnish  to 
such  commissioner  a  true  copy  of  said  record,  or  of  such  portion 
thereof  as  said  demand  in  writing  shall  require  a  copy  of  to  be  thus 
furnished.  The  commissioner,  his  deputies  and  agents  shall  have  all 
powers  and  authority  of  sheriffs  to  make  arrests  for  violations  of  the 
provisions  of  this  act.  [Amendment.  Approved  March  6,  1909; 
Stats.  1909,  p.  149.] 

Penalty.    Disposition  of  fines. 

Sec.  8.  Any  employment  agent  or  other  person  violating  or  omit- 
ting to  comply  with,  any  of  the  provisions  of  this  act,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  punished  by  a 
fine  not  exceeding  five  hundred  (500)  dollars,  or  by  imprisonment  not 
exceeding  six  (6)  months,  or  by  both  such  fine  and  imprisonment  in 
the  discretion  of  the  court.  All  fines  imposed  and  collected  under 
the  provisions  of  this  act  shall  be  paid  into  the  state  treasury  and 
credited  to  the  contingent  fund  of  the  bureau  of  labor  statistics. 
[Amendment.  Approved  March  3,  1909;  Stats.  1909,  p.  137.] 
Gen.  Laws — 120 


2034  APPENDIX.  I 

Inconsistent  acts  repealed.  ! 

Sec.  9.     All  acts  and  parts  of  acts  inconsistent  with  the  provisions 
of  this  act  are  hereby  repealed.  | 

;i 

Act  takes  effect  when.  | 

Sec.  10.     This  act  shall  take  effect  from  and  after  the  date  of  its  pas- 
sage. 

Constitutionality  of  statute.  This  act  was  held  unconBtitutional  in  the  case 
of  Ex  parte  Dickey,  144  Cal.  235.  The  objectionable  part  of  the  statute  was 
§  4,  limiting  the  compensation  of  employment  agents,  and  making  it  a  mis- 
demeanor to  receive  any  money  in  excess  of  the  percentage  therein  provided. 
This  section  was  repealed  in  1905. 


EXPLOSIVES. 

An  Act  to  protect  life  and  property  against  the  careless  and  malicious 
use  or  Jmndling  of  dynamite  and  other  explosives. 
[Approved  March  12,   1887;   Stats.  1887,  p.  110.] 
§     1.     Keep  record  of  sales. 
§    2.     What  record  must  show. 
§     3.     Records  subject  to  examination  of  peace-officers.      Crime,  and  punishment 

for  violation. 
§    4.      Forfeiture  in   addition  to  punishment.      Settlement  of  judgment. 
§     5.     Prohibiting  reckless  possession  of  explosives.     Violation  a  felony. 
§     6.     Defining  reckless  possession. 
§     7.     Punishment  for  unlawful  possession. 
§     8.      Malicious  deposits.      Crime,   and  punishment. 
§    9.     Transportation   of  high   explosives.     Forfeiture.     Disposition    of  proceeds 

recovered  by  judgment. 
§  10.     Police-officer  may  sue  for  forfeitures. 
§  11.     Act  takes  effect  when. 

Keep  record  of  sales. 

Section  1.  It  is  the  duty  of  each  and  every  person,  contractor, 
firm,  association,  joint-stock  company,  and  corporation,  manufactur- 
ing, storing,  selling,  transferring,  disposing  of,  or  in  any  manner 
dealing  in,  or  with,  or  using,  or  giving  out  nitroglycerine,  dynamite, 
vigorite,  hercules  powder,  giant  powder,  or  other  high  explosive,  by 
whatever  name  known,  to  keep  at  all  times  an  accurate  journal,  or 
book  of  record,  in  which  must  be  entered,  from  time  to  time,  as  they 
are  made,  each  and  every  sale,  delivery,  transfer,  gift,  or  other  dis- 


EXPLOSIVES,  2035 

position  made  by  such  person,  firm,  association,  joint  stock  company, 
or  corporation,  in  the  course  of  business  or  otherwise,  of  any  quan- 
tity of  such  explosive  substance. 

What  record  must  show. 

Sec.  2.  Such  journal,  or  record-book,  must  show  in  a  legible  hand- 
writing, to  be  entered  therein  at  the  time,  a  complete  history  of 
each  transaction,  stating  the  name  and  quantity  of  the  explosive 
sold,  delivered,  given  away,  transferred,  or  otherwise  disposed  of; 
the  name,  place  of  residence,  or  business  of  the  purchaser  or  trans- 
feree; the  name  of  the  individual  to  whom  delivered,  with  his  or  her 
address,  with  a  description  of  such  individual  sufficient  to  provide  for 
identification. 

Records  subject  to  examination  of  peace-officers.     Crime,  and  punish- 
ment for  violation. 

Sec.  3.  Such  journal  or  record-book  must  be  kept  by  the  person, 
firm,  association,  joint-stock  company,  or  corporation  so  selling,  de- 
livering, or  otherwise  disposing  of  such  explosive  substance,  or  sub- 
stances, in  his  or  their  principal  office  or  place  of  business,  at  all 
times  subject  to  the  inspection  and  examination  of  the  peace-officers 
or  other  police  authorities  of  the  state,  county,  city  and  county,  or 
municipality  where  the  same  is  situated,  on  proper  demand  made 
therefor,  any  failure  or  neglect  to  keep  such  book,  or  to  make  the 
proper  entries  therein  at  this  time  of  the  transaction,  as  herein  pro- 
vided, or  to  exhibit  the  same  to  the  peace-officers  or  other  police 
authorities  on  demand,  shall  be  deemed  a  misdemeanor,  and  punished 
accordingly. 

Forfeiture  in  addition  to  punishment.     Settlement  of  judgment. 

Sec.  4.  In  addition  to  such  punishment,  and  as  a  cumulative 
penalty,  such  person,  firm,  association,  joint-stock  company,  or  cor- 
poration so  offending  shall  forfeit,  for  each  offense,  the  sum  of  two 
hundred  and  fifty  dollars,  to  be  recovered  in  any  court  of  competent 
jurisdiction,  by  action  at  law.  The  party  so  instituting  such  actions 
shall  not  be  entitled  to  dismiss  the  same  without  consent  of  the  court 
before  which  the  suit  has  been  instituted.  Nor  shall  any  judgment 
recovered  be  settled,  satisfied,  or  discharged,  save  by  order  of  such 


2036  APPENDIX. 

court,  after  full  payment  into  court,  and  all  moneys  so  collected  shall 
be  paid  to  the  parties  bringing  the  suit. 

Prohibiting  reckless  possession  of  explosives.    Violation  a  felony. 

Sec.  5.  Any  person  who  in  the  public  street  or  any  highway  of  any 
county,  city  and  county,  city,  or  town  or  city,  or  at,  in,  or  near  to 
any  theater,  hall,  public  or  private  school,  or  college,  church,  hotel 
or  other  public  building,  or  at,  in,  or  near  to,  any  private  habitation 
or  in,  on  board  of,  or  near,  any  railway  passenger  train,  or  car  or 
train,  or  cable-road,  or  car  of  the  same,  or  steam  or  other  vessel,  en 
gaged  in  carrying  passengers,  or  ferry-boat,  or  other  public  place 
where  human  beings  ordinarily  pass  and  repass,  shall  recklessly  or 
maliciously,  have  in  his  or  her  possession  any  dynamite,  nitro 
glycerine,  vigorite,  hercules  powder,  giant  powder,  or  other  high  ex 
plosive;  or  who  shall  recklessly  or  maliciously  by  use  of  such  means 
intimidate,  terrify,  or  endanger  any  human  being,  is  guilty  of  a 
felony,  and  on  conviction  shall  be  punished  accordingly. 

Defining  reckless  possession. 

Sec.  6.  Any  person  not  regularly  engaged  in  the  manufacture,  sale, 
transportation,  or  legitimate  use  in  blasting  operations,  or  in  the  arts, 
of  such  substances  as  are  named  in  this  act,  shall  be  presumed  (prima 
facie)  to  be  guilty  of  a  reckless  and  malicious  possession  thereof, 
within  the  meaning  of  the  foregoing  section,  if  any  such  substance  is 
found  upon  him,  or  in  his  possession,  in.  any  of  the  places  or  under 
any  of  the  circumstances  specified  in  the  preceding  section. 

Punishment  for  unlawful  possession. 

Sec.  7.  No  person  may  knowingly  keep  or  have  in  his  or  her  pos- 
session any  dynamite,  vigorite,  nitroglycerine,  giant  powder,  hercules 
powder,  or  other  high  explosive,  except  in  the  regular  course  of  busi- 
ness carried  on  by  such  person,  either  as  a  manufacturer  thereof,  or 
merchant  dealing  in  the  same,  or  for  use  in  legitimate  blasting  opera- 
tions, or  in  the  arts,  or  while  engaged  in  transporting  the  same  for 
others,  or  as  the  agent  or  employee  of  others  engaged  in  the  course 
of  such  business  or  operations.  Any  other  possession  of  any  such 
explosive  substances  as  are  named  in  this  act  is  unlawful;  and  the 
person  tic  unlawfully  possessing  it  shall  be  punished  by  imprisonment 


EXPLOSIVES.  2037 

in  the  state  prison  not  exceeding  five  years,  or  by  fine  not  exceeding 
five  thousand  dollars,  or  by  both  such  fine   and   imprisonment. 

Malicious  deposits.     Crime,  and  punishment. 

Sec.  8.  Any  person  who  maliciously  deposits  or  explodes,  or  who 
attempts  to  explode,  at,  in,  under,  or  near  any  building,  vessel,  or 
boat,  railroad,  tram-road,  or  cable-road,  or  any  train,  or  car,  or  any 
depot,  stable,  car-house,  theater,  schoolhouse,  church,  dwelling-house, 
or  other  place  where  human  beings  usually  inhabit,  assemble,  fre- 
quent, or  pass  and  repass,  any  dynamite,  nitroglycerine,  vigorite, 
giant  or  hercules  powder,  gunpowder,  or  other  chemical  compound,  or 
other  explosive,  with  the  intent  to  injure  or  destroy  such  building, 
vessel,  boat,  or  other  structure,  or  with  the  intent  to  injure,  intimi- 
date, or  terrify  any  human  being,  or  by  means  of  which  any  human 
being  is  injured  or  endangered,  is  guilty  of  a  felony,  and  on  convic- 
tion thereof  shall  be  punished  by  imprisonment  in  the  state  prison  not 
less  than  one  year. 

Transportation   of  high  explosives.     Forfeiture.     Disposition   of   pro- 
ceeds recovered  by  judgment. 

Sec.  9.  Any  person,  firm,  or  corporation,  who  shall  take,  carry,  or 
transport,  or  cause  to  be  taken,  carried,  or  transported,  any  dyna- 
mite, vigorite,  nitroglycerine,  hercules  or  giant  powder,  or  other  high 
explosive,  into  the  limits  of,  or  through,  or  across  any  incorporated 
city  or  town  of  this  state,  or  into,  through,  or  across  any  harbor  for 
shipping,  in  any  manner,  condition,  or  quantity,  or  otherwise,  in  vio- 
lation of  the  laws  or  ordinances  of  such  city  or  town,  or  of  the  laws 
or  regulations  governing  such  harbor,  shall,  in  addition  to  the  penal- 
ties provided  or  imposed  by  such  laws,  ordinances,  or  regulations, 
forfeit  to  the  state  of  California  all  such  explosive  substances,  as 
well  as  the  cases  inclosing  the  same.  Such  forfeiture  may  be  sued 
for  by  any  citizen  of  the  state,  for  himself  and  the  state;  and  the 
goods  or  property,  when  so  forfeited  and  recovered  by  judgment  of 
the  court,  shall  be  sold,  and  the  proceeds  divided,  the  citizen  so  suing 
taking  one  half  to  himself,  for  his  own  benefit,  and  paying  the  other 
half  into  the  state  treasury.  Such  action  may  be  maintained  in  anj- 
court  of  competent  jurisdiction;  provided,  that  the  state  shall  never 
be  liable  to  any  cost  or  expense  for  any  such  suit  or  proceeding. 


2038  APPENDIX. 

Police-officer  may  sue  for  forfeitures. 

Sec.  10.  Any  of  the  forfeitures  provided  for  in  this  act  may  be 
talcen  advantage  of,  and  sued  for,  and  recovered,  by  any  peace-officer 
or  policeman,  member  of  the  police  force  of  any  city,  city  and  county, 
or  town  where  the  same  arises,  for  his  own  benefit,  notwithstanding 
any  law,  ordinance,  or  rule,  to  the  contrary. 

Act  takes  effect  when. 

Sec.  11.  This  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 

Codification  of  act  and   sections   superseded.      §§  1-4   superseded   by   Pen. 
Code,  §  375a.      §  8  superseded  by  Pen.  Code,  §  601. 


FENCES  AND  INCLOSURES. 

An  Act  to  prevent  persons  passing  through  indosures  and  leaving  them 
open,  by  tearing  down  fences,  or  otherwise,  and  to  prevent  hunting 
upon  inclosed  lands  in  the  state  of  California. 

[1.  Approved  March  23,  1876;  Stats.  1875-76,  p.  408.  2.  Amended  January 
25,  1878;  Stats.  1877-78,  p.  49.  3.  Amended  March  30,  1878;  Stats.  1877- 
78,  p.  776.] 

I  1.     Misdemeanor. 

§  2.      Same. 

§  3.      Same. 

§  4.      Same. 

§  5.      Same. 

§  6.      Penalty. 

§  7.      Conflicting    acts    repealed. 

§  8.      Counties   excepted. 

§  9.      Act  takes  effect  when. 

Misdemeanor. 

Section  1.  Every  person  who  shall  open  any  gate,  bars,  or  fence 
of  another,  for  the  purpose  of  passing  through,  and  shall  willfully 
leave  the  same  open,  without  the  permission  of  the  owner,  is  guilty 
of  a  misdemeanor. 


Sec.  2.  Every  person  who  willfully  opens,  tears  down,  or  other- 
wise destroys  any  fence  on  the  inclosed  land  of  another,  is  guilty  of 
a  misdemeanor. 


FENCES  AND  INCLOSURES.  2030' 


See.  3.  Every  person  tvIio  willfully  enters  upon  the  inclosed  land 
of  another  for  the  purpose  of  hunting,  or  who  discharges  firearms, 
or  lights  camp-fires  thereon,  without  first  having  obtained  permission 
of  the  owner  or  occupant  of  said  land,  is  guilty  of  a  misdemeanor. 

Same. 

Sec.  4.  Every  person  who  willfully,  carelessly,  or  negligently, 
while  hunting  or  camping  upon  the  inclosed  land  of  another,  kills, 
maims,  or  wounds  an  animal,  the  property  of  another,  is  guilty  of  a 
misdemeanor. 

Same. 

Sec.  5,  Every  person  who,  upon  departing  from  camp,  willfully 
leaves  the  fire  or  fires  burning  or  unextinguished,  is  guilty  of  a  mis- 
demeanor. 

Penalty. 

Sec.  6.  Every  person  found  guilty  of  any  of  the  misdemeanors 
herein  mentioned  shall  be  fined  not  less  than  twenty  nor  more  than 
fifty  dollars,  and  shall  be  imprisoned  in  the  county  jail  until  such 
fine  be  satisfied,  not  exceeding  one  day  for  every  two  dollars  thereof. 

Conflicting  acts  repealed. 

Sec.  7.  All  acts  and  parts  of  acts  in  conflict  herewith  are  repealed; 
provided,  however,  nothing  herein  contained  shall  be  construed  as 
repealing  section  five  hundred  and  ninety-four  of  the  Penal  Code. 

Counties  excepted. 

Sec.  8.  Section  three  of  this  act  shall  not  apply  to  the  counties 
of  Los  Angeles,  San  Diego,  Sutter,  San  Benito,  Del  Norte,  El  Dorado, 
Colusa,  Yuba,  Humboldt,  Amador,  Tuolumne,  Shasta,  Plumas,  Lassen, 
Siskiyou,  Modoc,  Trinity,  Sierra,  Placer,  and  Santa  Cruz.  [Amend- 
ment.    Approved  March  30,  1S7S;  Stats.  1877-78,  p.  776.] 

Another  amendment  of  g  8  at  same  session  of  the  legislature.  By  an  act 
approved  January  25,  1878   (Stats.  1877-78,  p.  49),  §  8  was  amended  to  read: 

"Sec.  8.  Section  three  of  this  act  shall  not  apply  to  the  counties  of  Los 
Angeles,  San  Diego,  Sutter,  Del  Norte,  EI  Dorado,  Colusa,  Yuba,  Humboldt, 
Amador,  Tuolumne,  San  laiis  Obispo,  Plumas,  Lassen,  Siskiyou,  Modoc, 
Shasta,  Trinity,  Sierra,  and  Placer." 


2040  APPENDIX. 

Act  takes  effect  when. 

Sec.  9,     This  act  shall  take  effect  immediately. 

Code  commissioner's  note  to  this  act.  In  his  "  List  of  Statutes  in  Force," 
the  code  commissioner  says  of  this  act:  "  §  5  of  the  act  superseded  by  Pen. 
Code,  §  384b,  as  adopted  in  1905;  §  4  superseded  by  Pen.  Code,  §  384c,  as 
adopted  in  1905;  §§1-3  probably  superseded  by  Pen.  Code,  §602,  subds. 
8  and  9,  as  amended  in  1905," 


FISH. 

Ati  Act  concerning  the  payment  of  the  expenses  and  costs  of  the  trial 
of  persons  charged  with  the  violation  of  the  laws  for  the  preservation 
of  fish  in  the  navigable  waters  of  this  state. 

[1.  Approved  February  28,   1887;   Stats.  1887,  p.  5.     2.  Amended  February  12, 
1903;    Stats.   1908,   p.   20.] 

This,  act,  including  the  title,  was  amended  by  an  act  approved 
February  12,  1903  (Stats.  1903,  p.  20),  to  read  (§  4  being  new)  as 
follows: 


An  Act  providing  for  the  payment  of  the  costs  and  expenses  of  all 
trials  and  proceedL.tjs  against  any  person  charged  with  the  violation 
of  the  laws  of  this  state  for  the  preservation,  protection,  or  restora- 
tion of  fish.  [Amendment.  Approved  February  12,  1903;  Stats. 
1903,  p.  20.] 

[Approved  February  12,  1903;  Stats.  1903,  p.  20.] 

§  1.  Trials  of  offenses  against  fish  laws.     Costs. 

§  2.  Claims  for  costs,   where  presented. 

§  3.  [Renumbered   §  5.] 

§  4.  Repeal  of  conflicting  acts. 

§  5.  Act  takes  effect  when. 

Trials  of  offenses  against  fish  laws.     Costs. 

Section  1.  The  costs  and  expenses  of  all  trials  and  proceedings 
which  shall  hereafter  be  had  in  any  county  of  this  state  against  any 
person  charged  with  having  violated  any  of  the  provisions  of  any 
law  of  this  state  for  the  preservation,  protection,  or  restoration  of 
fish,  shall  be  borne  and  paid  by  the  state. 


PISH.  2041 

Claims  for  costs,  where  presented. 

Sec.  2.  Any  claim  against  the  state  for  the  cost  and  expenses 
named  in  this  act  shall  be  presented  to  the  state  board  of  fish  com- 
missioners, duly  verified,  and  after  approval  and  allowance  by  said 
board,  shall  be  acted  upon  by  the  state  board  of  examiners,  and  paid 
out  of  the  fish  commission  fund. 

Sec.  3.     [Eenumbered  §  5.] 

Kepeal  of  conflicting  acts. 

Sec.  4.  All  acts  and  parts  of  acts  in  conflict  with  this  act  are 
hereby  repealed. 

Act  takes  effect  when. 

Sec.  5.     This  act  shall  take  effect  immediately. 


An  Act  relating  to  fishing  in  the  waters  of  this  state. 
[Approved  April  23,   1880;    Stats.  1880,  p.  123.] 

Aliens  not  allowed  to  fish  in  waters  of  state. 

Section  1.  All  aliens  incapable  of  becoming  electors  of  this  state 
are  hereby  prohibited  from  fishing,  or  taking  any  fish,  lobster, 
shrimps,  or  shell-fish  of  any  kind,  for  the  purpose  of  selling,  or  giv- 
ing to  another  person  to  sell.  Every  violation  of  the  provisions  of 
this  act  shall  be  a  misdemeanor,  punishable  upon  conviction  by  a 
fine  of  not  less  than  twenty-five  dollars,  or  by  imprisonment  in  the 
county  jail  for  a  period  of  not  less  than  thirty  days. 

Act  takes  effect  when. 

Sec.  2.  This  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 

Act  held  unconstitutional:  In  re  Ah  Chong,  5  Pac.  Coast  L.  J.  451. 


2042  APPENDIX. 

An  Act  to  prevent  fishing   or  the   taking  of  fish  by  means  of  weirs, 

dams,  nets,  traps  or  seines  in  False  Bay  or  in  the  entrance  thereto. 

[Approved  March  25,  1909;  Stats.  1909,  p.  751.] 

§  1.     Protection  of  fish  in  False  Bay, 

!  2.     Penalty. 

§  3.     Act  takes  effect  when. 

Protection  of  fish  in  False  Bay. 

Section  1.  Any  person  who,  in  the  waters  of  False  Bay,  in  the 
county  of  San  Diego,  state  of  California,  or  in  the  entrance  of  said 
bay,  shall  use  any  weir,  dam,  net,  trap  or  seine  of  any  description 
for  the  purpose  of  catching  fish  or  who  shall,  in  these  waters,  take 
any  fish  from  any  weir,  dam,  net,  trap  or  seine,  is  guilty  of  a  misde- 
meanor. 

Penalty. 

Sec.  2.  Any  person  convicted  of  the  violation  of  any  of  the  pro- 
visions of  this  act  shall  be  fined  not  less  than  ten  dollars  nor  more 
than  fifty  dollars,  or  shall  be  imprisoned  in  the  county  jail  of  said 
county  not  less  than  five  days  nor  more  than  twenty-five  days,  or 
shall  be  both  fined  and  imprisoned  in  the  discretion  of  the  court. 

Act  takes  effect  when. 

Sec.  3.     This  act  shall  take  effect  immediately. 


An  Act  to  prevent  the  talcing  of  fish  hy  means  of  weirR,  dams,  nets, 
traps  or  seines,  in  certain  tide-water  on  the  coast  of  Mendocino 
County. 

[Approved  March  25,  1909;   Stats.  1909,  p.  753.] 
§  1.     Protection  of  fish  in  certain  tide-waters  of  Mendocino  County. 
§  2.     Extent   of  tide-water. 
§  3.     Act  takes  effect  when. 

Protection  of  fish  in  certain  tide-waters  of  Mendocino  County. 

Section  1.  Any  person  who  in  the  tide-water  of  the  Noyo,  Big, 
Ten-mile,  Garcia,  Navarro,  or  Gualala  rivers  in  Mendocino  County, 
shall  use  any  weir,  dam,  net,  trap  or  seine  of  any  description  for  the 
purpose  of  catching  fish,  or  who  shall  in  any  of  said  tide-water  take 
any  fish  of  any  kind  from  any  weir,  dam,  net,  trap,  or  seine,  is  guilty 


FISH.  2043 

of  a  misdemeanor  and  is  punishable  by  a  fine  of  not  less  than  ten 
nor  more  than  fifty  dollars,  or  by  imprisonment  in  the  county  jail 
of  said  county  not  less  than  five  days  nor  more  than  twenty-five 
days,  or  by  both  such  fine   and  imprisonment. 

Extent  of  tide-water. 

Sec.  2.  In  the  construction  and  meaning  of  this  act  the  limits  of 
tide-water  in  the  Noyo  Eiver  shall  be  deemed  to  extend  from  its 
mouth  to  the  mouth  of  the  South  Fork  thereof;  in  the  Big  River 
from  the  mouth  thereof  to  the  Laguna;  in  the  Ten-mile  River  from 
the  mouth  thereof  to  the  Soda  Springs;  in  the  Garcia  Eiver  from  the 
mouth  thereof  to  the  mouth  of  the  North  Fork  thereof;  in  the  Navarro 
Eiver  from  the  mouth  thereof  to  Barton  Gulch;  in  the  Gualala  River 
from  the  mouth  thereof  to  the,  mouth  of  the  North  Fork  thereof. 

Act  takes  effect  when. 

Sec.  3.     This  act  shall  take  effect  immediately. 


An  Act  to  'prevent  the  catching  of  fish  l>y  seines,  nets,  or  weirs,  in  the 
San  Antonio  Creek,  in  the  county  of  Alameda. 
[Approved  March  20,  1876;  Stats.  1875-76,  p.  362.] 

§  1.     Use  of  seines  and  nets  unlawful. 
I  2.      Penalty  for  violation. 
§  3.     Act  takes  effect  when. 

Use  of  seines  and  nets  unlawful. 

Section  1.  It  shall  not  be  lawful  for  any  person  to  catch  fish  in 
the  waters  of  the  San  Antonio  Creek,  in  the  county  of  Alameda,  by 
the  use  of  seines,  nets,  or  weirs. 

Penalty  for  violation. 

Sec.  2.  Any  person  violating  the  provisions  of  this  act  shall  be 
subject  to  a  penalty  of  not  less  than  fifty  nor  more  than  one  hun- 
dred dollars  for  each  offense,  or  imprisonment  in  the  county  jail  of 
the  county  of  Alameda  for  a  term  of  not  less  than  thirty  nor  more 
than  sixty  days,  which  penalty  may  be  enforced  by  any  police  judge 
or  justice  of  the  peace  of  said  county. 


2044  APPENDIX. 

Act  takea  effect  yrhen. 

Sec.  3.     This  act  shall  take   effect  and  be  in  force  from  and  after 
its  passage. 

Setting  of  seines  or  nets  for  fish:   See  ante,   §§  636,   636a. 


An  Act  to  prohibit  the  destruction  of  fish  in  Alameda  County. 

[Approved  March  28,  1878;  Stats.  1877-78,  p.  598.] 

§  1.  Catching  fish  in  Lake  Chabot. 

§  2.  Catching  fish  in   San  Leaudro   Creek.     Time   of   catching  defined. 

§  3.  Misdemeanor. 

§  4.  Act  takes  effect  when. 

Catching  fish  in  Lake  Chabot. 

Section  1.  It  shall  not  be  lawful  for  any  person  to  catch,  take,  or 
destroy  any  fish  of  any  kind  in  the  body  of  water  known  as  Lake 
Chabot,  in  the  San  Leandro  Creek,  in  Alameda  County,  belonging  to 
the  Contra  Costa  Water  Company,  without  permission  of  the  owner 
or  owners  thereof. 

Catching  fish  in  San  Leandro  Creek.     Time  of  catching  defined. 

Sec.  2.  It  shall  not  be  lawful  to  take,  kill,  or  destroy  any  brook 
or  speckled  trout,  salmon,  or  salmon-trout,  or  any  other  species  of 
fish  in  San  Leandro  Creek  and  its  branches  or  tributaries,  or  in  any 
of  the  streams  or  watercourses  of  said  county,  between  the  first  day 
of  October  of  each  year  and  the  first  day  of  April  of  the  following 
year. 

Misdemeanor. 

Sec.  3.  Any  person  violating  the  provisions  of  this  act  shall  be 
guilty  of  a  misdemeanor. 

Act  takes  effect  when. 

Sec.  4.  This  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 


FISH.  2045 

A7i  Act  to  prevent  the  destruction  of  fish  in  King's  Eiver. 
[Approved  March  28,  1878;  Stats.  1877-78,  p.  601.] 

Passage  of  fish  through  ditches  prevented;  how. 

Section  1.  The  proprietors  of  all  water-ditclies  and  flumes,  draw- 
ing their  supply  from  the  waters  of  King's  River,  shall  i)lace  and 
keep  in  good  repair  at  the  heads  of  their  respective  ditches  or  flumes, 
through  which  all  the  water  from  the  river  entering  the  ditch  or 
flume  shall  pass,  strips  of  wood  or  other  material,  the  meshes  between 
which  shall  not  exceed  one  inch  in  width,  for  the  prevention  of  the 
passage  of  fish  from  the  river  into  the  flumes  or  ditches.  Any  per- 
son taking  water  from  King's  Elver  in  violation  of  the  provisions  of 
this  act  is  guilty  of  a  misdemeanor. 

Screens  over  mill-races,  flumes,  pipes,  etc.:  See  §  629    of  the  Penal  Code. 


An  Act  for  the  preservation  of  fish  in  the  waters  of  LaTce  Bigler. 
[Approved  March  30,  1878;  Stats.  1877-78,  p.  746.] 
§  1.     Catching  fish,  except  by  hook  and  line,  iu  Lake  Bigler. 
S  2.      Penalty. 
§  3.     Fines;  how  paid. 
§  4.     Conflicting  acts  repealed. 
§  5.     Act  takes  effect  when. 

Catching  fish,  except  by  hook  and  line,  in  Lake  Bigler. 

Section  1.  It  shall  not  be  lawful  for  any  person  or  persons  to 
catch  or  kill  any  fish  in  the  waters  of  Lake  Bigler,  or  in  any  stream 
leading  into  or  from  said  Lake  Bigler,  with  any  seine,  gill-net,  spear, 
wire  fence,  basket,  trap-set  net,  or  dam,  or  any  poisonous,  deleterious, 
or  stupefying  drug  or  explosive  compound,  or  any  other  implement 
or  appliance,  except  by  means  of  a  hook  and  line. 

Penalty. 

Sec.  2.  Any  person  or  persons  who  shall  violate  any  provision  of 
this  act  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof  before  any  justice  of  the  peace,  in  Placer  County,  El 
Dorado  County,  or  Nevada  County,  shall  be  punished  by  a  fine  of  not 
less   than   one    hundred    dollars   nor   more   than  five   hundred,   or    by 


2046  APPENDIX. 

imprisonment  in  the  county  jail  not  less  than  thirty  days  nor  more 
than  four  months,  or  by  both  such  fine  and  imprisonment,  in  the  dis- 
cretion of  the  court;  for  each  and  every  offense,  besides  the  cost  of 
prosecution. 

Fines;  how  paid. 

Sec.  3.  The  district  attorney,  or  his  deputy,  of  El  Dorado  County, 
or  of  Placer  County,  or  of  Nevada  County,  whichever  the  informer 
may  notify  as  within  the  district  attorney's  jurisdiction,  shall  pros- 
ecute such  suits,  and,  upon  conviction,  all  fines,  damages,  and  penal- 
ties that  may  be  awarded  or  collected  under  this  act  shall  be  paid 
one  half  to  the  district  attorney  and  one  half  to  the  informer,  share 
and  share  alike;  and  it  is  hereby  made  the  duty  of  the  district  attor- 
ney, or  his  appointed  deputy,  of  the  counties  of  Placer,  El  Dorado, 
and  Nevada,  to  prosecute  all  cases  arising  under  this  act. 

Conflicting  acts  repealed. 

Sec.  4.  All  acts,  and  provisions  of  any  act  or  parts  of  acts,  con- 
flicting with  this  act,  are  hereby  repealed. 

Act  takes  effect  when. 

Sec.  5.  This  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 


FLAG. 

Act  to  prohibit  desecration  of:  Stats.  1899,  p.  46. 

GAME  LAWS. 

Fish:    See  ante,  Appendix,   tit.    "Fish." 

Act  to  prevent  hunting  on  inclosed  lands:    See  ante,  Appendix,  tit. 
and  Inclosures." 


GAME  LAWS.  2047 

An  Act  for  the  protection  of  game  in  Nevada  County. 
[Approved  February  6,  1874;  Stats.  1873-74,  p.  80.] 
Code  commissioner's  note  to  this  act.     In  his    "  List  of  Statutes  in  Force," 
the  code  commissioner  says  of  tliis  art:    "Probably  modilied  and  ropualed  by 
Pen.  Code,   §§  626e,  626f,  626h,  and  6261." 


An  Act  to  prevent  the  destruction  of  deer  on  Monte  Diablo,  in  Contra 

Costa  County. 

[Approved  March  28,  1878;  Stats.  1877-78,  p.  599.] 

Hunting  or  killing  deer  on  Monte  Diablo.    Misdemeanor. 

Seetiou  1.  Every  person  who  shall  hunt,  pursue,  kill,  or  destroy 
any  male  or  female  deer  or  fawn  within  three  miles  of  the  summit 
of  Monte  Diablo,  in  Contra  Costa  County,  for  the  period  of  four 
years  from  the  date  of  the  passage  of  this  act,  is  guilty  of  a  misde- 
meanor. 

Act  takes  effect  when. 

Sec.  2.     This  act  shall  take  effect  immediately. 


An  Act  to  prevent  the  capture  and  destruction  of  mocJcing-'birds  in  this 

state. 

[Approved  February  14,  1872;  Stats.  1871-72,  p.  102.] 

§  1.      Mocking-birds   must   enjoy  perfect   immunity. 

§  2.     Fines,  disposition  of. 

§  3.      Act  takes  effect  when. 

Mocking-birds  must  enjoy  perfect  immunity. 

Section  1.  Any  person  or  persons  who  shall  willfully  and  know- 
ingly shoot,  wound,  trap,  snare,  or  in  any  other  manner  catch  or 
capture  any  mocking-bird  in  the  state  of  California,  or  shall  know- 
ingly take,  injure,  or  destroy  the  nest  of  any  mocking-bird,  or  shall 
take,  injure,  or  destroy  any  mocking-bird's  eggs,  in  the  nest  or  other- 
wise, in  said  state,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  before  any  justice  of  the  peace  of  the  town- 
ship in  which  the  offense  shall  have  been  committed,  shall  be  fined 
in  a  sum   not   less   than   five   dollars   nor   exceeding   ten   dollars,   and 


2048  APPENDIX. 

cost  of  the  action  for  each  offense,  or  may  be  imprisoned  not  less 
than  five  days  nor  more  than  ten  days,  or  by  both  such  fine  and 
imprisonment,  as  the  judgment  of  the  court  may  direct. 

Fines,  disposition  of. 

Sec.  2.  All  fines  collected  under  the  provisions  of  this  act  shall  be 
paid  into  the  county  treasury  for  the  benefit  of  the  common-school 
fund. 

Act  takes   effect  when. 

Sec.  3.  This  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 

GAS. 

An  Act  to  regulate  the  use  of  illuminating-gas. 
[Approved  March  20,   1903;   Stats.   1903,  p.  289.] 

Gas  not  to  be  turned  off  at  meter. 

Section  1.  Every  hotel-keeper,  lodging-house  keeper,  and  inn- 
keeper, or  keeper  of  any  place  where  rooms  are  let  to  lodgers  in 
which,  or  any  of  which  such  places  illumiuating-gas  is  used,  who  shall 
turn  off,  or  cause  to  be  turned  off  at  the  meter  the  flow  of  such 
illuminating-gas,  during  the  time  of  the  use  of  any  such  room  or 
rooms,  shall  be  guilty  of  a  misdemeanor;  provided,  however,  that  this 
act  shall  not  apply  to  any  of  the  persons  herein  enumerated,  when 
such  person  or  persons  shall  have  connected  every  exit  orifice  upon 
the  gas-fixtures  used  in  such  place  or  places  with  a  practical  and  safe 
automatic  gas-igniter. 

Act  takes  effect  when. 

Sec.  2.  This  act  shall  take  effect  and  be  in  force  immediately  from 
and  after  its  passage. 


GOVERN Oli — GRx\.KO   ARMY.  2049 

GOVERNOR. 

An  Act  imposing  certain  duties  upon  the  governor  of  the  state. 
[Approved  April  3,  1876;   Stats.  1875-76,  p.  855.] 

Reward  for  stage-robbers. 

Section  1.  The  governor  shall  offer  a  standing  reward  of  three 
hundred  dollars  ($300)  for  the  arrest  of  each  person  engaged  in  the 
robbery  of,  or  in  an  attempt  to  rob  any  person  or  persons  upon,  or 
having  in  charge,  in  whole  or  in  part,  any  stage-coach,  wagon, 
railroad  train,  or  other  conveyance  engaged  at  the  time  in  carrying 
passengers,  or  any  private  conveyance  within  this  state;  the  reward 
to  be  paid  to  the  person  or  persons  making  the  arrest,  immediately 
upon  the  conviction  of  the  person  or  persons  so  arrested;  but  no 
reward  shall  be  paid  except  after  such  conviction. 

Act  takes  effect  when. 

Sec.  2.     This  act  shall  take  effect  from  and  after  its  passage. 


GRAND  ARMY. 

An  Act  entitled  An  Act  to  prevent  persons  from  unlawfully  using  or 
wearing  the  badge  of  the  Grand  Army  of  the  Republic  of  this  state. 

[1.  Approved  March  10,  1887;   Stats.  1887,  p.  82.      2.  Amended  March  1,  1907; 
Stats.  1907,  p.  81.] 

Army  badges,  penalty  for  unlawfully  wearing. 

Section  1.  Any  person  who  shall  willfully  wear  or  use  the  badge 
or  button  of  the  Grand  Army  of  the  Eepublic,  or  of  the  United 
Spanish  War  Veterans,  to  obtain  aid  or  assistance  thereby  within 
this  state,  unless  he  shall  be  entitled  to  wear  or  use  the  same  under 
the  rules  and  regulations  of  the  Department  of  California,  Grand 
Army  of  the  Eepublic,  or  United  Spanish  War  Veterans,  respectively, 
shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction,  shall  be 
punished  b}'  imprisonment  for  a  term  not  to  exceed  thirty  days  in 
the  county  jail,  or  a  fine  not  to  exceed  twenty  dollars,  or  by  both 


2050  APPENDIX. 

such  fine  and  imprisonment.     [Amendment.    Approved  March  1,  1907; 
Stata.  1907,  p.  81.] 

Sec.  2.     [No  section  of  this  number.] 

Act  takes  effect  when. 

Sec.  3.     This  act  shall  take  effect  and  be  in  force  from  and  after 
the  date  of  its  passage. 


GROWING  TREES. 

An  Act  to  protect  the  groves  of  big  trees  in  the  counties  of  Fresno, 

Tulare,  and  Kern. 

[Approved  March  13,   1874;   Stats.   1873-74,  p.   347.] 

§  1.     Misdemeanor. 

§  2.     Disposition   of   fines. 

§  3.     Act  takes  effect  when. 

Misdemeanor. 

Section  1.  Any  person  or  persons  who  shall  willfully  cut  down 
or  strip  of  its  bark,  any  tree  "  over  sixteen  feet  in  diameter,"  in  the 
grove  of  big  trees  situated  in  the  counties  of  Fresno,  Tulare,  or 
Kern,  or  shall  destroy  any  of  said  trees  by  fire,  shall  be  guilty  of  a 
misdemeanor,  and  shall,  on  conviction  thereof  before  any  justice  of 
the  peace  in  said  counties,  be  fined  not  less  than  ($50)  fifty  dollars 
nor  more  than  ($300)  three  hundred  dollars,  or  imprisonment  in  the 
county  jail  not  less  than  (25)  twenty-five  days  nor  more  than  (150) 
one  hundred  and  fifty  days,  or  both  fine  and  imprisonment,  as  the 
court  may  determine. 

Disposition  of  fines. . 

Sec.  2.  Upon  the  arrest  and  conviction  of  any  person  or  persons 
guilty  of  any  of  the  acts  before  mentioned,  the  party  informing  shall 
be  entitled  to  one  half  of  the  fines  collected. 

Act  takes  effect  when. 

Sec.  3.  This  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 


INFANCY — INTERPRETERS.  2051 


INFANCY. 

Act  to  prevent  sale  of  liquors  to  minors:  See  post,  Appendix,  tit.    "Intoxi- 
cating Liquors." 


INTERPRETERS. 

An  Act  to  authorize  the  appointment  of  an  interpreter  of  the  Italian 
language  and  dialects,  in  criminal  proceedings,  in  cities  and  cities 
and  counties  of  one  hundred  thousand  inhabitants. 

[1.  Approved    March    12,    1885;    Stats.    1885,    p.    108.     2.   Amended    March    9, 
1895;    Stats.    1895,    p.    37.] 

§  1.  Interpreter    of    Italian    language.     Appointing    power. 

§  2.  Salary. 

§  3.  Effect  on  prior  acts. 

§  4.  Act  takes  effect  when. 

Interpreter  of  Italian  language.    Appointing  power. 

Section  1.  In  all  cities  and  cities  and  counties  of  over  one  hun- 
dred thousand  inhabitants,  where  an  interpreter  of  the  Italian  lan- 
guage is  necessary,  it  shall  be  the  duty  of  the  mayor  and  police  judge 
of  such  city,  or  city  and  county,  and  of  the  judge  of  the  superior 
court  of  said  city  and  county,  or  of  the  county  in  which  said  city  is 
situated,  or  where  there  are  more  judges  than  one,  then  it  shall  be 
the  duty  of  the  presiding  judge  of  said  superior  court  and  the  pre- 
siding judge  of  the  police  court  and  the  mayor,  to  appoint  an  inter- 
preter of  the  Italian  language,  who  must  be  able  to  interpret  the 
Italian  language  and  dialects  into  the  English  language,  to  be  em- 
ployed in  criminal  proceedings  when  necessary  in  said  cities,  or 
cities  and  counties.  [Amendment.  Approved  March  9,  1895;  Stata. 
1895,  p.  37.] 

Salary. 

Sec.  2.  The  said  interpreter  shall  receive  a  salary  of  fifteen  hun- 
dred dollars  per  annum,  which  shall  be  paid  out  of  the  general  fund 
of  such  city,  or  city  and  county. 


2052  APPENDIX. 

Effect  on  prior  acts. 

Sec.  3.  This  act  shall  not  repeal  any  act  heretofore  made  and  now 
in  force  for  the  appointment  of  interpreters,  except  so  much  of  any 
act  which  may  conflict  with  this  act  in  the  appointment  of  Italian 
interpreters. 

Act  takes  effect  when. 

Sec.  4.  This  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 

Act  superseded  as  to  San  Francisco:   San  Francisco  Charter,  art.  v,  c.  i. 


INTOXICATING  LIQUORS. 

An  Act  to  prohibit  the  sale  of  intoxicating  liquors  within  a  certain 
distance  of  any  camp  or  assembly  of  men,  numbering  tiventy  five  or 
more,  engaged  upon  the  construction,  repair  or  operation  of  any 
public  worTc,  improvement,  or  utility. 

[Approved  March  25,   1909;   Stats.   1909,  p.   722.] 
§  1.      Sale  of  liquors  near  construction  camps. 
§  2.     Misdemeanor. 
§  3.     Act  takes  effect  when. 

Sale  of  liquors  near  construction  camps. 

Section  1.  It  shall  be  unlawful  for  any  person  to  sell,  keep  for  sale, 
or  give  away,  any  spirituous,  vinous,  malt  or  mixed  intoxicating  liquors 
at  any  place  situated  more  than  one  mile  outside  the  limits  of  an 
incorporated  city  or  town,  and  within  four  miles  of  any  camp  or 
assembly  of  men,  numbering  twenty-five  or  more,  engaged  upon,  or  in 
connection  with,  the  construction,  repair  or  operation  of  any  public  or 
quasi-public  work,  improvement  or  utility;  provided,  however,  that 
nothing  in  this  section  contained  shall  be  deemed  to  apply  to  the  sale, 
keeping  for  sale,  or  disposal  of  any  such  liquor  at  a  licensed  saloon  or 
liquor-store  which  shall  have  been  established,  or  at  a  licensed  saloon  or 
liquor-store  which  shall  be  maintained,  at  the  time  this  act  takes  effect, 
upon  the  same  premises  where  a  licensed  saloon  or  liquor-store  shall 
have  been  established,  at  least  six  months  prior  to  the  establishment  of 


INTOXICATING   LIQUORS.  2053 

such  camp  or  assembly  of  men,  or  to  the  sale,  koepinjr  for  sale,  or  dis- 
posal of  any  such  liquors  at  any  winery,  licensed  brewery  or  distillery, 
where  the  same  is  manufactured. 

Misdemeanor. 

Sec.  2.  Any  person  violating  any  of  the  provisions  of  this  statute 
shall  be  guilty  of  a  misdemeanor,  and,  for  each  offense,  shall  be  pun- 
ished by  a  fine  not  exceeding  tive  hundred  dollars,  or  by  imprisonment 
in  the  county  jail  not  exceeding  six  months,  or  by  both  such  fine  and 
imprisonment. 

Act  takes  effect  when. 

Sec.  3.     This  act  shall  take  effect  immediately. 


An  Act  to  prevent  the  sale  of  intoxicating  liquors  to  persons  addicted 
to  the  inordinate  use  of  intoxicating  liquors. 
[Approved  March  19,  1889;    Stats.  1889,  p.  352.] 

§  1.     To  prohibit  furnishing  intoxicating  liquor  to  person  inordinately  using  it. 

§  2.      Not  to  apply  to  physicians. 

§  3.     Act  takes  effect  when. 

To    prohibit   furnishing   intoxicating    liquor   to    person    inordinately 

using  it. 

Section  1.  Any  person  vrho,  after  receiving  notice  that  a  person 
named  in  said  notice  is  addicted  to  the  inordinate  use  of  intoxicating 
liquors,  should  the  person  named  in  said  notice  be  so  addicted,  shall 
thereafter  within  a  period  of  twelve  months  furnish  to  said  person  so 
addicted  -to  the  inordinate  use  of  intoxicating  liquors,  any  spirituous 
liquors,  wines,  or  intoxicating  or  malt  liquors,  shall  be  guilty  of  a 
misdemeanor  and  punishable  by  imprisonment  in  the  county  jail  not 
exceeding  six  months,  or  by  fine  not  exceeding  two  hundred  dollars, 
or  by  both  such  fine  or  [and]  imprisonment.  Said  notice  shall  be  in 
writing  and  may  be  given  by  any  adult  member  of  the  family  of 
said  person  so  addicted  to  the  inordinate  use  of  intoxicating  liquors, 
or  by  any  adult  relative  of  said  person  so  addicted  to  the  inordinate 
use  of  said  intoxicating  liquors. 


2054  APPENDIX. 

Not  to  apply  to  physicians. 

Sec.  2.  The  provisions  of  this  act  shall  not  prohibit  any  regularly 
licensed  physician  from  furnishing  or  prescribing  said  liquors  in  case  of 
sickness. 

Act  takes  eflfect  when. 

Sec.  3.     This  act  shall  take  effect  from  and  after  its  passage. 

Sale  of  intoxicating  liquor  to  habitual  drunkard:  See  ante,  §  397. 


JUVENILE  COURT. 

An  Act  to  amend  an  act  entitled,  "An  Act  defining  and  providing  for 
the  control,  protection  and  treatment  of  dependent  and  delinquent 
children;  prescribing  the  powers  and  duties  of  courts  with  respect 
thereto;  providing  for  the  appointment  of  probation  officers,  and 
prescribing  their  duties  and  powers;  providing  for  the  separation  of 
children  from  adults  when  confined  in  jails  or  other  institutions; 
providing  for  the  appointment  of  boards  to  investigate  the  qualifica- 
tions of  organizations  receiving  children  under  this  act,  and  pre- 
scribing the  duties  of  such  boards;  and  providing  vihen  proceedings 
under  this  act  shall  be  admissible  in  evidence."  Approved  February 
26,  1903. 

[1.  Approved  March  22,  1905;  Stats.  1905,  p.  806.  2.  Amended  March  21, 
1907;  Stats.  1907,  p.  777.  3.  Repealed  March  8,  1909;  Stats.  1909,  pp. 
213,   226,    §  29.] 


This  act  was  repealed  by  the  following  act: 


JUVENILE   COURT.  205;') 

An  Act  concerning  dependent  and  delinquent  minor  children,  providing 
for  their  care,  custody  and  maintenance  until  twenty-one  years  of 
age;  providing  for  their  commitment  to  the  Whitlier  State  School 
and  the  Preston  State  School  of  Industry,  and  the  manner  of  such 
commitment  and  release  therefrom,  establishing  a  probation  committee 
and  probation  officers  to  deal  with  such  children,  and  fixing  the  sal- 
aries of  probation  officers;  providing  for  detention  homes  for  said 
children;  providing  for  the  punishment  of  persons  responsible  for,  or 
contributing  to,  the  dependency  or  delinquency  of  children;  and  giv- 
ing to  the  superior  court  jurisdiction  of  such  offenses,  and  repealing 
inconsistent  acts. 

[Approved  March  8,   1909;    Stats.   1909,  p.  213.] 

JUVENILE  COUET  LAW. 

5    1.     Name  of  act.      "  Dependent  child  "  defined. 

§    2.     Juvenile  court,   function  of, 

§     3.      Complaint,  form  of. 

§     4.     Citation  to  persons  having  custody  of  child.     Failure  to  answer  citation. 

Summary  disposition  of  case. 
§     5.      Commitment,  order  for,  and  to  where. 
§     6.      Probation   committee,   appointment   of. 
§     7.      Term  of  office. 
§     8.      Compensation. 

§    9.     Committee  may  he  required  to  do  what.     Duty  of  probation  committee. 
§  10.     County  probation  officer. 
§  10a.   Salaries  in  counties  of  first  class. 
§  10b.   Second  class. 
§  10c.  Third  class. 
§  lOd.   Fourth  class. 
§  lOe.  Fifth  class. 
§  lOi.    Ninth  class. 
§  lOj.    Salaries  in  other  counties. 
§  10k.   Twentieth  and  thirtieth  classes. 
§  10  1.  Twenty-fifth,    thirty-third,    thirty-fifth,    fortieth,    forty-seciind.    forty-third, 

forty-fifth,  forty-sixth,  forty-seventh,  fifty-second,  and  fifty  third  classes. 
§  10m.  Eleventh  class. 

§  lOn.  Fifty-sixth  and  fifty-seventh  classes. 
§  lOz.   Every  other  county. 
§  11.     How  paid. 
§  12.     Expenses  allowed. 
§  13.      Office  of  probation  officer  created. 
§  14.     Duty  of  (ilerk  of  court. 
§  13.     Inquiries   as   to    cause   of   depeiuloncy.     Dntins    and    powers    of   probation 

officer.     Duties  of  deputy. 


2056  APPENDIX. 

§  16.  Criminal  charges  against  minors,  proceedings  in.  Bail.  Orders  of  juve- 
nile court.  Statutes  of  limitation  suspended.  Order  of  discliarge, 
effect  of. 

§  17.  Delinquency,  petition  for.  Notice  of  hearing.  Criminal  prosecutions 
barred,  when. 

§  18.      Suspensions  of  judgments  in  felony  cases. 

§  19.      Detention  pending  hearing. 

§  20.      Disposition  of  child  declared  delinquent. 

§  21.     Expense  of  maintenance.     When  county  shall  pay. 

§  22.      Orders  may  be  modified. 

§  23.      Private  hearings. 

§  24.     Minors  under  the  age  of  sixteen,  detention  of. 

§25.      "Detention  home,"     provision   for. 

§  26.      Penal  liability  of  parents  and  guardians. 

I  27.     Act,  how  to  be  construed.      Certain  words  defined. 

§  28.      Certain  acts  superseded. 

§  29.     Certain   acts   repealed.     Judgments   heretofore   made,    effect   of. 

§  30.     Act  takes  effect  when. 

Name  of  act.     "  Dependent  child  "  defined. 

Section  1.  This  act  shall  be  known  as  the  "  Juvenile  Court  Law  " 
and  shall  apply  only  to  children  under  the  age  of  eighteen  years  not 
now  or  hereafter  inmates  of  a  state  institution. 

For  the  purposes  of  this  act,  the  words  "dependent  child"  shall 
mean  any  child  under  the  age  of  eighteen  years: 

(1)  Who  is  found  begging,  receiving  or  gathering  alms,  whether  actu- 
ally begging  or  under  the  pretext  of  selling  or  offering  anything  for 
sale;   or 

(2)  Who  is  found  in  any  street,  road  or  public  place  for  the  pur- 
pose of  so  begging,  gathering  or  receiving  alms;  or 

(3)  Who  is  a  vagrant;   or 

(4)  Who  is  found  wandering  and  not  having  any  home,  or  any 
settled  place  of  abode,  or  any  proper  guardianship,  or  any  visible 
means   of   subsistence;    or 

(5)  Who  has  no  parent  or  guardian;  or  who  has  no  parent  or 
guardian  willing  to  exercise,  or  capable  of  exercising,  proper  parental 
control;  or 

(6)  Who  is  destitute;  or 

(7)  Whose  home  by  reason  of  neglect,  cruelty  or  depravity  of  his 
parents  or  either  of  them,  or  on  the  part  of  his  guardian,  or  on  the 
part  of  the  person  in  whose  custody  or  care  he  may  be,  is  an  unfit 
place  for  such  child;  or 


JUVENILE   COURT.  l'()57 

(8)  "Who  frequents  the  company  of  reputed  criminals,  vagrants  or 
prostitutes;  or 

(9)  Who  is  found  liviug  or  being  in  any  house  of  prostitution  or 
assignation;  or 

(10)  Who  habitually  visits,  without  parent  or  guardian,  any  saloon, 
pool-room  or  place  where  any  spirituous,  vinous  or  malt  liquors  are 
si)ld,  bartered  or  given  away;  or 

(11)  Who  persistently  refuses  to  obey  the  reasonable  and  proper 
order  or  directions  of  his  parents  or  guardian;  or 

(12)  W^ho  is  incorrigible;  that  is,  who  is  beyond  the  control  and 
power  of  his  parents,  guardian  or  custodian  by  reason  of  the  vicious 
conduct  or  nature  of  said  minor;  or 

(13)  Whose  father  is  dead  or  has  abandoned  his  family  or  is  an 
habitual  drunkard,  or  whose  father  does  not  provide  for  such  minor, 
and  it  appears  that  such  minor  is  destitute  of  a  suitable  home  or  of 
adequate  means  of  obtaining  an  honest  living,  or  is  in  danger  of 
being  brought  up  to  lead  an  idle  or  immoral  life;  or  where  both 
parents  of  such  child  are  dead,  or  the  mother,  if  living,  is  unable  to 
provide  proper  support  and  care  of  such  minor  child;  or 

(14)  Who  is  an  habitual  truant  within  the  meaning  of  an  act 
entitled  "An  Act  to  enforce  the  educational  rights  of  children  and 
providing  penalties  for  the  violation  of  said  act,"  approved  March  24, 
1903,  and  who  is  not  placed  in  a  parental  school  under  the  provisions 
of  said  act,  or  who  being  over  the  age  of  fourteen  years  refuses  to 
attend  public  or  private  school,  as  directed  by  his  parents,  duly 
authorized  guardian  or  legal  custodian;  or 

(15)  Who  habitually  uses  intoxicating  liquor  as  a  bevorngc  or 
habitually  smokes  cigarettes  or  who  habitually  uses  opium,  cocaine, 
morphine  or  other  similar  drug,  without  the  direction  of  a  competent 
physician. 

The  words  "delinquent  child"  shall  include  any  child  under  the 
age  of  eighteen  years  who  violates  any  law  of  this  state,  or  any 
ordinance  of  any  town,  city,  county  or  city  and  county  of  this  state, 
defining  crime. 

Juvenile  court,  function  of. 

Sec.  2.  The  superior  court  in  every  county  of  this  state  shall  exor- 
cise the  jurisdiction  conferred  by  this  act,  and,   while  sitting  in  the 


2058  APPENDIX. 

exercise  of  its  said  jurisdiction,  shall  be  known  and  referred  to  as 
the  "juvenile  court,"  and  is  hereinafter  so  referred  to..  In  counties 
having  more  than  one  judge  of  the  superior  court,  the  judges  of  such 
court  shall  from  time  to  time  designate  one  or  more  of  their  number 
whose  duty  it  shall  be  to  hear  all  cases  coming  under  this  act.  In 
counties  of  the  first  class,  such  designation  shall  be  made  by  the  pre- 
siding judge.  The  orders  and  findings,  if  any,  of  the  superior  court, 
in  all  cases  coming  under  the  provisions  of  this  act,  shall  be  entered 
in  a  book  to  be  kept  for  that  purpose  and  known  as  the  "juvenile 
court  record,"  and  the  court  when  acting  under  this  act  shall  be 
called  the  "  juvenile  court,"  All  cases  coming  under  the  provisions  of 
this  act  shall  be  heard  at  a  special  or  separate  session  of  the  court, 
and  no  other  matter  shall  be  heard  at  such  session,  nor  shall  there 
be  permitted  to  be  present  at  such  session  any  person  on  trial  or 
awaiting  trial,  or  under  accusation  of  crime,  who  does  not  come 
under  the  provisions  of  this  act. 

Complaint,  form  of. 

Sec.  3.  Any  person  may  file  with  the  clerk  of  the  superior  court 
a  petition  showing  that  there  is  within  the  county,  or  residing  within 
the  county,  a  dependent  or  delinquent  child,  and  praying  that  the 
superior  court  deal  with  such  child  as  provided  in  this  act.  Such 
petition  shall  be  verified  and  shall  contain  a  statement  of  facts  con- 
stituting such  dependency  or  delinquency,  as  defined  in  section  1  of 
this  act.     There  shall  be  no  fee  for  filing  such  petition. 

Citation  to  persons  having  custody  of  child.     Failure  to  answer  cita- 
tion.    Summary  disposition  of  case. 

Sec.  4.  Upon  the  filing  of  the  petition  provided  for  in  section  3 
hereof,  a  citation  shall  issue,  requiring  the  person  or  persons  having 
the  custody  or  control  of  the  child,  or  with  whom  the  child  may  be, 
to  appear  with  the  child  at  a  time  and  place  stated  in  the  citation. 
Service  of.  such  citation  must  be  made  at  least  twenty-four  hours 
before  the  time  stated  therein  for  such  appearance.  The  parents  or 
guardian  of  the  child,  if  residing  within  the  county  in  which  the 
court  sits,  and  if  their  places  of  residence  be  known  to  the  petitioner, 
or  if  there  be  neither  parent  nor  guardian  so  residing,  or  if  their 
places   of  residence  be   not   knowu   to   petitioner,   then   some   relative 


JUVENILE  COURT.  2050 

of  the  child,  if  any  there  be  residing  within  said  county,  and  if  his 
residence  and  relationship  to  such  child  be  known  to  petitioner,  shall 
be  notified  of  the  proceedings  by  service  of  citation  requiring  him 
or  them  to  appear  at  the  time  and  place  stated  in  such  citation.  In 
any  case  the  judge  may  appoint  some  suitable  person  to  act  in  behalf 
of  the  child,  and  may  order  such  further  notice  of  the  proceedings 
to  be  given  as  he  may  deem  proper.  If  any  person,  cited  as  herein 
provided,  shall  fail,  without  reasonable  cause,  to  appear  and  abide  by 
the  order  of  the  court,  or  to  bring  the  child,  if  so  required  in  the 
citation,  such  failure  shall  constitute  a  contempt  of  said  court  and 
may  be  punished  as  provided  for  in  other  cases  of  contempt  of 
court.  In  ease  such  citation  cannot  be  served,  or  the  party  served 
fails  to  obey  the  same,  and  in  any  case  in  which  it  shall  be  made 
to  appear  to  the  court  that  such  citation  will  probably  be  ineffective, 
a  warrant  of  arrest  shall  issue  on  the  order  of  the  court,  either 
against  the  parent  or  guardian,  or  the  person  having  the  custody  of 
the  child,  or  with  whom  the  child  may  be,  or  against  the  child  him- 
self, or  any  or  all  of  said  persons;  or  if  there  be  no  person  to  be 
served  with  citation  as  above  provided,  a  warrant  of  arrest  may  be 
issued  against  the  child  immediately.  On  the  return  of  the  citation 
or  other  process,  or  as  soon  thereafter  as  may  be,  the  court  shall  pro- 
ceed to  hear  and  dispose  of  the  case  in  a  summary  manner.  Until 
the  final  disposition  of  any  case,  the  child  may  be  retained  in  the 
possession  of  the  person  having  charge  of  him,  or  may  be  kept,  upon 
the  order  of  the  court,  in  some  suitable  place,  provided  by  the 
county,  or  city  and  county,  or  may  be  held  otherwise  as  the  court 
may  direct. 

Commitment,  order  for,  and  to  where. 

Sec.  5.  "When  any  minor  child  under  the  age  of  nineteen  years 
shall  be  found  by  said  court  or  judge  to  be  dependent  or  delinquent, 
within  the  meaning  of  this  act,  the  court  may  make  an  order  com- 
mitting the  child,  for  such  time  during  its  minority  as  the  court  may 
deem  fit,  to  the  care  of  some  reputable  citizen  of  good  moral  char- 
acter, or  to  the  care  of  some  association,  society  or  corporation  will- 
ing to  receive  it,  embracing  in  its  objects  the  purpose  of  caring  for 
or  obtaining  homes  for  dependent  or  neglected  children,  or  to  the  care 
of  the  probation  officer  or  other  person  to  remain  in  the  home  of  the 


2060  APPENDIX. 

child.  The  court  may  thereafter  set  aside,  change  or  modify  such 
order,  at  any  time  during  the  minority  of  such  child,  and  said  child, 
if  a  boy,  may  be  committed  to  the  Preston  State  School  of  Industry, 
or  to  the  Whittier  State  School,  during  his  minority,  or,  if  a  girl, 
may  be  committed  to  the  Whittier  State  School  until  twenty-one 
years  of  age;  provided,  however,  that  before  conveying  any  such 
minor  to  either  of  such  institutions  it  shall  be  ascertained  from  the 
superintendent  thereof  whether  such  child  can  be  received;  and  if 
such  child  cannot  be  received,  the  court  shall  make  such  other  order 
for  the  disposition  of  such  child  as  is  meet. 

Probation  committee,  appointment  of. 

Sec.  6.  The  judge  of  the  superior  court  in  and  for  each  county, 
or  city  and  county,  of  the  state,  and  in  counties  where  there  is  more 
than  one  judge  of  the  said  court,  the  judge  who  has  been  designated 
as  "judge  of  the  juvenile  court"  shall,  by  an  order  entered  in  the 
minutes  of  the  court,  appoint  seven  discreet  citizens  of  good  moral 
character  and  of  either  sex,  to  be  known  as  the  "  probation  com- 
mittee," and  shall  fill  all  vacancies  occurring  in  such  committee.  The 
clerk  of  said  court  shall  immediately  notify  each  person  appointed  on 
said  committee  and  thereupon  said  persons  shall  appear  before  the 
judge  of  the  superior  court  to  whom  has  been  assigned  all  proceedings 
under  this  act,  and  qualify  by  taking  an  oath,  which  shall  be  entered 
in  said  juvenile  court  record,  to  faithfully  perform  the  duties  of  a 
member  of  such  probation  committee. 

Term  of  office. 

Sec.  7.  The  members  of  such  probation  committee  shall  hold  office 
for  four  years,  and  until  their  successors  are  appointed  and  qualify; 
provided,  that  of  those  first  appointed,  one  shall  hold  office  for  one 
year,  two  for  two  years,  two  for  three  years,  and  two  for  four 
years,  the  terms  for  which  the  respective  members  shall  hold  office 
to  be  determined  by  lot  as  soon  after  their  appointment  as  may  be. 
When  any  vacancy  occurs  in  any  probation  committee  by  expiration 
of  the  term  of  office  of  any  member  thereof,  his  successor  shall  be 
appointed  to  hold  office  for  the  term  of  four  j'^ears;  when  any  vacancy 
occurs  for  any  other  reason,  the  appointee  (Shall  hold  office  for  the 
unexpired  term  of  his  predecessor. 


JUVENILE   COURT.  2001 

Compensation. 

Sec.  8.  Members  of  the  probation  committee  shall  serve  without 
compensation. 

Committee   may  be  restuired  to   do  what.    Duty   of  probation   com- 
mittee. 

Sec.  9.  The  superior  court  or  any  judge  thereof  may  at  any  time 
require  said  probation  committee  or  probation  officer  to  examine  into 
the  qualifications  and  management  of  any  society,  association  or  cor- 
poration, other  than  a  state  institution,  receiving,  or  applying  for,  any 
child  or  children  under  this  act,  and  to  report  thereon  to  the  court; 
provided,  that  nothing  in  this  section  shall  be  construed  as  giving 
any  probation  committee  or  probation  officer  any  power  to  enter  any 
institution  without  the  consent  of  such  institution. 

It  shall  be  the  duty  of  each  probation  committee,  prior  to  the  first 
day  of  December  in  each  year,  to  prepare  a  report  in  writing  on  the 
qualifications  and  management  of  all  societies,  associations  and  cor- 
porations, except  state  institutions,  applying  for  or  receiving  any 
child  under  this  act  from  the  courts  of  their  respective  counties,  and 
in  such  report  said  committee  may  make  such  suggestions  or  com- 
ments as  to  them  may  seem  fit;  such  report  to  be  filed  in  the  office 
of  the  clerk  of  the  court  appointing  such  committee  for  the  informa- 
tion of  the  judges  thereof.  The  probation  committee  shall  also  have 
the  control  and  management  of  the  internal  affairs  of  any  detention 
home  heretofore  or  hereafter  established  by  the  board  of  supervisors 
of  their  county;  and  it  shall  be  the  duty  of  the  board  of  supervisors 
to  provide  for  the  payment  of  such  employees  as  may  be  needed  in 
the  efficient  management  of  such  detention  home. 

County  probation  officer. 

Sec.  10.  There  shall  be  appointed,  as  hereinafter  provided,  a  proba- 
tion officer  in  every  county,  and  he  may  appoint  as  many  deputies  as 
he  may  desire;  provided,  however,  that  such  deputies  shall  not  have 
authority  to  act  until  their  appointment  shall  be  approved  in  like 
manner  as  the  appointment  of  the  probation  officer  himself.  Such 
deputies,  except  as  hereinafter  provided,  shall  serve  without  compen- 
sation. 


2062  APPENDIX. 

Salailes  in  ccunties  of  first  class. 

Sec.  10a.  In  counties,  or  cities  and  counties,  of  the  first  class,  there 
shall  be  one  probation  officer  and  ten  assistant  probation  officers.  The 
salaries  of  said  officers  shall  be  as  follows:  Probation  officer,  $225  per 
month;  one  assistant  probation  officer,  $175  per  month;  and  nine  as- 
sistant probation  officers,  at  $125  per  month  each. 

Second  class. 

Sec.  10b.  In  counties  of  the  second  class  there  shall  be  one  proba- 
tion officer  and  six  assistant  probation  officers.  The  salaries  of  said 
officers  shall  be  as  follows:  Probation  officer,  $200  per  month;  one 
assistant  probation  officer,  $150  per  month;  five  assistant  probation 
officers,  $100  per  month  each. 

Third  class. 

Sec.  10c.  In  counties  of  the  third  class,  there  shall  be  one  probation 
officer  and  four  assistant  probation  officers.  The  salaries  of  said  offi- 
cers shall  be  as  follows:  Probation  officer,  $175  per  month;  one  assist- 
ant probation  officer,  $125  per  month;  and  three  assistant  probation 
officers,  $100  per  month  each. 

Fourth  class. 

Sec.  lOd.  In  counties  of  the  fourth  class  there  shall  be  one  proba- 
tion officer  and  one  assistant  probation  officer.  The  salaries  of  said 
officers  shall  be  as  follows:  Probation  officer,  $150  per  month;  assistant 
probation  officer,  $100  per  month. 

Fifth  class. 

Sec.  lOe.  In  counties  of  the  fifth  class  there  shall  be  one  probation 
officer  and  one  assistant  probation  officer.  The  salaries  of  said  officers 
shall  be  as  follows:  Probation  officer,  $175  per  month;  assistant  proba- 
tion officer,  $150  per  month. 

Ninth  class. 

Sec.  lOi.  In  counties  of  the  ninth  class  there  shall  be  one  probation 
officer  whose  salary  shall  be  $125  per  month. 


JUVENILE   COURT.  20G3 

Salaries  in  other  counties. 

Sec.  lOj.  In  counties  of  the  eighth,  tenth,  sixteenth  and  seventeenth 
classes  there  shall  be  one  probation  officer.  The  salary  of  each  of  said 
probation  officers  shall  be  $100  per  month. 

Twentieth  and  thirtieth  classes. 

Sec.  10k.  In  each  of  the  counties  of  the  twentieth  and  thirtieth 
classes  there  shall  be  one  probation  officer.  The  salary  of  each  of  said 
probation  officers  shall  be  $75  per  month. 

Twenty-fifth,  thirty-third,  thirty-fifth,  fortieth,  forty-second,  forty- 
third,  forty-fifth,  forty-sixth,  forty-seventh,  fifty-second,  and  fifty- 
third  classes. 

Sec.  10  1.  In  each  of  the  counties  of  the  twenty-fifth,  thirty-third, 
thirty -fifth,  fortieth,  forty-second,  forty-third,  forty-fifth,  forty-sixth, 
forty-seventh,  fifty-second  and  fifty-third  classes  there  shall  be  one 
probation  officer.  The  salary  of  each  of  said  probation  officers  shall 
be  $10  per  month. 

Eleventh  class. 

Sec.  10m.  In  each  of  the  counties  of  the  eleventh  class  there  shall 
be  one  probation  officer.  The  salary  of  said  probation  officer  shall 
be  $80  per  month. 

Fifty-sixth  and  fifty-seventh  classes. 

Sec.  lOn.  In  each  of  the  counties  of  the  fifty-sixth  and  fifty-sev- 
enth classes  there  shall  be  one  probation  officer.  The  salary  of  each 
of  said  probation  officers  shall  be  $5  per  month. 

Every  other  county. 

Sec.  lOz.  In  every  other  county  than  those  heretofore  expressly 
enumerated  the  salary  of  the  probation  officer  shall  be  $35  per  month. 

How  paid. 

Sec.  11.  The  salaries  of  all  probation  officers  and  assistant  proba- 
tion officers  shall  be  paid  out  of  the  county  treasury  of  the  county  for 


2064  APPENDIX. 

which  they  are  appointed,  respectively,  in  the   same   manner  as   the 
salaries  of  county  officers. 

Expenses  allowed. 

Sec.  12.  The  probation  officers  and  assistant  probation  officers  and 
deputy  probation  officers  in  all  counties  of  the  state  shall.be  allowed 
such  necessary  incidental  expenses  as  may  be  authorized  by  the  judge 
of  the  juvenile  court;  and  the  same  shall  be  a  charge  upon  the  county 
in  which  the  court  appointing  them  has  jurisdiction,  and  said  expenses 
shall  be  paid  out  of  the  county  treasury  upon  a  written  order  of  the 
judge  of  the  juvenile  court  of  said  county  directing  the  county  audi- 
tor to  draw  his  warrant  upon  the  county  treasurer  for  the  specified 
amount  of  such  expenses. 

Office  of  probation  officer  created. 

Sec.  13.  The  offices  of  probation  officer  and  assistant  probation 
officer  are  hereby  created.  The  probation  officers  and  assistant  proba- 
tion officers  to  serve  hereunder  in  any  county  or  city  and  county  shall 
be  nominated  in  such  manner  as  the  judge  of  the  juvenile  court  in 
the  respective  counties  or  city  and  county  shall  direct;  and  the  ap- 
pointment of  such  probation  officers  and  assistant  probation  officers 
shall  then  be  made  by  the  judges  of  the  respective  juvenile  courts. 
The  term  of  office  of  probation  officers  and  of  assistant  probation 
officers  shall  be  two  years  from  the  date  of  their  said  appointments. 
Such  probation  officers  and  assistant  probation  officers  may  at  any  time 
be  removed  by  the  judge  appointing  them,  in  his  discretion. 

Duty  of  clerk  of  court. 

Sec.  14.  It  shall  be  the  duty  of  the  clerk  of  any  court  before  which 
a  child  is  brought  under  the  provisions  of  this  act,  before  hearing, 
to  notify  the  probation  officer  of  the  county  thereof;  except  in  cases 
where  the  child  is  brought  before  the  court  by  a  society,  association 
or  corporation  which  embraces  within  its  objects  the  care  of  depend- 
ent or  delinquent  children,  and  which  has  in  the  last  report  thereon 
by  the  probation  committee  of  such  county,  been  favorably  passed 
upon. 


JUVENILE   COURT.  2065 

Inquiries  as  to  canss  of  dependency.    Duties  and  powers  of  probation 

officer.     Duties  of  deputy. 

Sec.  15.  The  probation  officer  shall  inquire  into  the  antecedents, 
character,  family  history,  environment  and  cause  of  delinquency  or 
dependency  of  every  child  brought  before  the  juvenile  court,  and  shall 
make  his  report  in  writing  to  the  judge  thereof;  provided,  however, 
that  only  when  the  judge  so  specially  orders  shall  he  make  such  in- 
quiry or  report  in  the  case  of  a  dependent  or  delinquent  child  who 
J3  already  in  charge  of  a  society,  association  or  corporation  which 
embraces  within  its  objects  the  care  of  dependent  children,  and  which 
has  in  the  last  report  thereon  by  the  probation  committee  of  such 
county  been  favorably  passed  upon.  In  the  event  that  such  a  society, 
association  or  corporation  shall  be  so  in  charge  it  shall  through  its 
agents  or  superintendent  make  such  report  to  the  judge  in  place  of 
the  probation  officer. 

It  shall  be  the  duty  of  said  probation  officer,  agent  or  superintendent 
of  such  society,  association  or  corporation  to  be  present  in  court  in 
order  to  represent  the  interests  of  the  child  when  the  case  is  heard, 
and  to  furnish  to  the  court  such  information  and  assistance  as  it  may 
require  and  to  make  such  report  at  such  time;  and  to  take  such 
charge  of  the  child  before  and  after  the  hearing  as  may  be  ordered. 
Every  probation  officer  and  assistant  probation  officer  shall  have  the 
powers  of  a  peace-otheer.  At  any  time,  in  his  discretion,  such  officer 
may  bring  any  child  committed  to  his  care  before  tlie  court  for  sueh 
further  or  other  action  as  the  court  may  deem  proper. 

Any  of  the  duties  of  a  probation  officer  may  be  performed  by  an 
assistant  or  deputy  probation  officer,  and  shall  be  so  performed  when- 
ever directed  by  the  probation  officer;  and  it  shall  be  the  duty  of  the 
probation  officer  to  see  that  his  assistant  and  deputy  probation  offi- 
cers perform  their  duties. 

Criminal  chaises  against  minors,  proceedings  in.     BaiL     Orders  of 
juvenile  court.     Statutes  of  limitation  suspended.     Order  of  dis- 
charge, effect  of. 
Sec.  16.     ^Vhenever  a  deposition  or  complaint  shall  be  filed  in  any 

court   other   than   a  superior   court,  charging  a  person   with   a  crime 
ueu.  L,aws — 121 


2066  APPENDIX. 

and  it  shall  be  suggested  to  the  judge,  justice  or  recorder  before 
whom  such  person  is  brought  that  the  person  charged  is  under  the 
age  of  eighteen  years,  said  judge,  justice  or  recorder  shall  imme- 
diately suspend  all  proceedings  against  such  person  on  said  charge 
and  examine  into  the  age  of  such  person  and  if,  from  such  examina- 
tion, it  shall  appear  to  the  satisfaction  of  said  judge,  justice  or  re- 
corder that  such  person  is  under  the  age  above  specified,  he  shall 
forthwith  certify  to  the  juvenile  court  of  his  county  (a)  that  said 
person  (naming  him)  is  charged  with  such  crime  (briefly  stating  its 
nature);  (b)  that  the  age  of  such  person,  exactly  as  possible,  giving 
the  birthday  when  known,  and  (c)  the  suspension  of  proceedings 
against  such  person  on  such  charge  by  reason  of  his  age,  with  the 
date  of  such  suspension;  and  immediately  thereupon  all  proceedings 
against  the  said  person  on  said  charge  shall  be  suspended  until  said 
juvenile  court  shall  issue  its  mandate,  as  hereinafter  provided,  direct- 
ing the  court  before  which  said  charge  was  pending  to  proceed  with 
the  examination  into  or  trial  thereof,  and  the  court  so  suspending 
its  proceedings  shall  forthwith  cause  such  person  to  be  taken  before 
the  juvenile  court  of  his  county  for  consideration  and  proceedings 
under  this  act.  When  such  person  shall  be  brought  before  the  judg3 
of  the  juvenile  court  said  judge  shall  cause  a  complaint  to  be  filed 
as  provided  in  section  3  of  this  act  and  shall  fix  a  time  for  consider- 
ing said  matter  and  shall  cause  citation  to  be  issued,  as  provided  in 
section  4  of  this  act.  Pending  such  hearing,  said  judge  may  admit 
such  person  to  bail  or  otherwise  provide  for  his  temporary  custody  in 
any  manner  provided  herein  for  the  care  of  a  child  after  the  finding  of 
its  delinquency.  The  judge  of  said  juvenile  court  may  further  inves- 
tigate the  age  of  such  person  and  may  also  inquire  into  the  condi- 
tion and  care  of  such  person  and  make  such  orders  for  his  disposition 
under  the  provisions  of  this  act  as  he  may  deem  proper.  If  said 
judge  shall,  after  such  investigation,  decide  that  such  person  was  nt 
the  time  said  offense  was  alleged  to  have  been  committed  of  the  age 
of  eighteen  years  or  more,  such  determination  shall  be  conclusive  and 
he  shall  immediately  issue  his  mandate  directing  the  court  before 
which  such  charge  is  pending  to  proceed  therewith,  and  upon  receipt 
of  such  mandate  said  court  shall  proceed  with  the  examination  or 
trial  of  said  charge  as  though  no  suspension  thereof  had  taken  place; 


JUVENILE   COURT.  2007 

provided,  however,  that  if  the  court  sliall  find  that  the  person  so 
charged  is  under  the  age  of  eighteen  years  and  a  fit  subject  for 
consideration  under  the  provisions  of  this  act,  and  is  a  delinquent 
child,  he  may  make  such  order  or  orders  hereunder  as  he  may  deem 
best  in  relation  to  such  person;  provided  further,  however,  that  if 
such  judge  shall  at  any  time  conclude  that  such  person  is  not  a  fit 
subject  for  further  consideration  under  this  act,  he  may  remand 
such  person  to  the  court  in  which  said  person  is  charged  with  said 
offense  for  further  proceedings  on  said  charge,  and  upon  receipt  of 
the  mandate  of  said  juvenile  court,  or  the  judge  thereof,  the  court 
before  which  said  charge  is  then  pending  shall  be  vested  with  full 
authority  to  proceed  with  the  examination  or  trial  thereof.  All 
statutes  of  limitation  relating  to  the  charge  so  pending  against  such 
person  shall  be  suspended  as  to  said  person  and  charge  from  the 
issuance  by  said  judge,  justice  or  recorder  of  his  certificate  herein- 
before provided  for  until  said  juvenile  court,  or  the  judge  thereof, 
shall  issue  its  mandate  remanding  such  person  for  further  proceed- 
ings as  aforesaid;  and  all  statutes  of  limitation  relating  to  any  charge, 
made  in  any  court,  against  any  person  under  the  age  of  eighteen 
years,  shall  be  suspended  as  to  such  charge  and  person  whenever,  and 
as  long  as,  such  person  is  before  the  juvenile  court  for  consideration 
under  the  provisions  of  this  act,  or  is  detained  by  virtue  of  any 
commitment  issued  hereunder  and  unrevoked;  provided,  however,  that 
if  said  child  shall  be  discharged  by  the  juvenile  court  as  reformed, 
such  order  of  discharge  shall  constitute  a  bar  to  any  further  proceed- 
ings in  any  court   against  said  child  upon  said  charge. 

Delinquency,  petition  for.    Notice  of  hearing.    Criminal  prosecutions 

barred,  when. 

Sec.  17.  Whenever  it  is  claimed  that  any  child  under  the  age  of 
eighteen  years  is  a  delinquent  child  as  defined  in  this  act,  a  verified 
petition  shall  be  filed  in  the  juvenile  court  of  the  county  wherein 
said  delinquency  occurred,  stating  such  delinquency  and  the  facts 
constituting  the  same,  and  that  said  child  is  under  the  age  of  eighteen 
years,  and  praying  that  the  said  court  shall  adjudge  said  child  to  be 
a  delinquent  child  within  the  meaning  of  this  act.  Notice  shall  be 
given  of  the  time  and  place  of  hearing  as  in  the  case  of  a  child  alleged 


2068  APPiiiNDIX. 

to  be  a  depciulent  child,  and  the  petition  shall  be  heard  at  the  time 
and  place  designated  by  the  juvenile  court.  If  the  court  shall  ad- 
judge the  child  to  be  a  delinquent  child  within  the  meaning  of  this 
act,  such  order  shall  be  made  as  is  meet  in  the  premises,  as  in  this 
act  provided.  If  upon  said  hearing  said  court  shall  determine  that 
said  child  is  not  a  fit  and  proper  subject  to  be  dealt  with  under  the 
reformatory  provisions  of  this  act,  said  court  may  dismiss  the  peti- 
tion hereunder  and  direct  that  such  child  be  prosecuted  under  the 
general  law.  No  child  under  eighteen  years  of  age  shall  be  prose- 
cuted for  crime  until  the  matter  has  first  been  submitted  to  the 
juvenile  court  by  petition  as  herein  provided,  or  by  certificate  of  the 
lower  court   as  provided  in  section  16  hereof. 

Suspensions  of  judgments  in  felony  cases. 

Sec.  18.  Whenever  any  person  over  the  age  of  eighteen  years  and 
under  the  age  of  twenty  years  is  accused  of  a  felony,  and  the  indict- 
ment or  information  has  been  filed  in  the  superior  court  of  the  county 
wherein  the  crime  was  committed,  charging  said  person  with  the 
commission  of  said  felony,  the  judge  may,  in  his  discretion,  with  the 
consent  of  the  accused,  or  upon  his  request,  arrest  said  proceeding  at 
the  time  of  arraignment  or  at  any  time  previous  to  the  impanel- 
ment  of  a  jury,  except  wher^  the  crime  charged  is  a  capital  offense 
or  an  attempt  to  commit  a  capital  offense,  and  may  proceed  to  in- 
vestigate the  charge  against  the  defendant,  and  all  the  facts  and 
circumstances  necessary  to  determine  the  proper  disposition  to  be 
made  of  said  person,  and  shall  determine  whether  said  person  shall 
be  dealt  with  as  a  delinquent  under  the  provisions  of  this  act.  If 
the  court  is  satisfied  upon  such  investigation  that  said  person  should 
be  declared  a  delinquent  and  should  be  dealt  with  under  this  act, 
it  may  make  such  order  as  herein  provided  for  the  disposition  of  de- 
linquent children.  If  such  person  thereafter  prove  not  to  be  ame- 
nable to  the  discipline  of  the  school  to  which  he  may  be  committed, 
and  the  trustees  thereof  shall  determine  that  said  person  should  be 
committed  to  a  state  penitentiary,  such  person  shall  be  returned  to 
the  custody  of  the  sheriff  of  the  county  in  which  such  crime  was 
committed,  and  thereafter  proceedings  shall  be  had  upon  the  indict- 
ment or  information  commencing  at  the  point  at  which  proceedings 


JUVENILE   COURT.  2069 

were  arrested;  and  said  person  shall  be  tried  for  the  offense  alleged 
in  the  information,  and  if  convicted  shall  be  sent  to  the  peniten- 
tiary for  such  time  as  the  court  may  determine,  or  otherwise  dealt 
with  in  accordance  with  the  law  for  dealing  with  persons  convicted 
of  a  felony.  If  no  request  is  made  by  the  defendant  for  proceedings 
under  this  statute,  or  if  the  defendant  desires  a  trial  by  jury,  or  if 
the  judge  declines  to  consent  to  the  application  of  the  defendant 
for  proceedings  under  this  statute,  said  cause  shall  proceed  in  the  or- 
dinary manner  up  to  the  verdict  of  guilty  or  not  guilty,  as  the  case 
may  be.  If  said  person  is  convicted,  the  court  may  thereafter  receive 
such  evidence  as  may  be  offered,  touching  the  question  as  to  whether 
or  not  said  person  should  be  dealt  with  as  a  delinquent  in  the  man- 
ner hereinbefore  provided  in  case  of  the  application  and  consent 
of  the  accused  before  trial,  and  may  make  such  order  of  probation 
or  commitment  to  said  state  schools,  and  may  from  time  to  time 
modify  said  probation  orders,  as  is  herein  provided  in  the  case  of 
children  adjudged  delinquent.  If  such  person  during  the  period  of 
his  commitment  to  said  state  institution,  proves  to  be  incorrigible 
or  not  amenable  to  the  discipline  of  such  institution,  and  it  shall  be 
deemed  advisable  in  the  judgment  of  the  trustees  of  such  institu- 
tion that  said  person  be  sent  to  the  penitentiary,  then  said  person 
shall  be  returned  to  the  superior  court  in  which  the  verdict  was 
rendered,  for  sentence,  and  thereupon  the  court  shall  pronounce  judg- 
ment. 

Detention  pending  hearing. 

Sec.  19.  In  the  case  of  a  child  alleged  to  be  delinquent  within  the 
meaning  of  this  act,  the  juvenile  court  may,  pending  the  hearing, 
at  any  time  before  the  child  is  adjudged  delinquent  or  otherwise  dis- 
posed of,  order  that  said  child  be  detained  in  any  detention  home 
provided  for  that  purpose  by  any  county  or  it  may  be  otherwise  tem- 
porarily provided  for  as  to  the  court  may  seem  fit  in  any  manner 
provided  herein  for  the  care  of  a  child  after  the  termination  of  his 
delinquency. 

Disposition  of  child  declared  delincLuent. 

Sec.  20.  If  the  court  find  a  child  to  be  delinquent,  then  the  court 
may  commit  the  child  to  the  care  and  custody  of  the  probation  oJlicur 


,2070  APPENDIX, 

and  may  allow  the  said  child  to  remain  in  the  home  of  said  child, 
subject  to  the  visitation  of  a  probation  officer,  and  such  child  shall 
report  to  the  probation  officer  as  often  as  may  be  required,  and  be 
subject  to  be  returned  to  the  court  for  further  proceedings  whenever 
such  action  may  appear  necessary  or  desirable,  or  the  court  may 
commit  the  child  to  the  care  and  custody  of  the  probation  officer, 
to  be  placed  in  a  suitable  family  home  subject  to  the  supervision  of 
said  probation  officer  and  the  further  order  of  the  court;  or  it  may 
order  the  probation  officer  to  board  out  the  child  in  some  suitable 
family  home  in  case  provision  is  made  by  voluntary  contribution  or 
otherwise  for  the  payment  of  the  board  of  said  child  until  suitable 
provision  may  be  made  for  the  child  in  a  home  without  such  pay- 
ment; or  the  court  may  commit  the  child  for  such  time  during  its 
minority  as  to  the  court  may  seem  fit  to  the  care  and  custody  of  some 
association,  society  or  corporation  that  will  receive  it,  embracing 
within  its  object  the  care  of  dependent  or  delinquent  children;  or 
the  court  may  commit  said  child  to  a  state  school  as  hereinbefore 
provided,  or  to  such  other  state  institution  as  may  be  authorized  by 
law  to  receive  it.  Provided  further,  that  should  the  legislative  body 
of  the  county  or  city  and  county,  or  if  a  municipality,  provide  a 
suitable  place  for  the  detention  of  such  dependent  or  delinquent 
children  which  they  are  hereby  authorized  and  required  to  do,  such 
children  may  be  committed  thereto  after  the  adjudication  of  depend- 
ency or  delinquency  for  a  definite  period  to  be  specified  in  such  or- 
der, at  the  end  of  which  time  said  child  shall  be  brought  before  the 
court  for  further  order  of  court.  The  court  may  thereafter  set  aside, 
change  or  modify  said  order  and  provide  for  a  further  detention  in 
said  place.  The  court  shall  retain  the  jurisdiction  of  any  child  who 
is  found  to  be  delinquent  until  such  child  attains  its  majority,  or  if 
a  girl,  until  said  child  attains  the  age  of  twenty-one  years  (unless 
she  is  married  with  the  consent  of  the  court),  or  until  said  court  is 
satisfied  that  said  minor  has  fully  reformed  and  that  further  direc- 
tion and  supervision  under  the  provisions  of  this  act  are  unnecessary 
for  his  reformation.  If  a  boy,  said  child  may  be  committed  by  said 
court  to  the  Whittier  State  School  or  the  Preston  State  School  of 
Industry  at  any  time  during  his  minority  for  the  period  of  his  minor- 
ity. If  a  girl,  she  may  be  committed  to  the  said  Whittier  State 
School  at  any  time  before  she  is  twenty-one  years  of  age   until  she 


JUVENILE   COURT.  2071 

is  twentj'-one  years  of  age.  Such  child  may  be  committed  to  any 
other  institution  now  or  hereafter  provided  by  the  state  for  such 
children.  If  such  child,  after  being  committed  to  the  Whittier  State 
School  or  the  Preston  State  School  of  Industry  or  such  other  in- 
stitution, shall  there  prove  to  be  incorrigible  or  incapable  of  refor- 
mation under  the  discipline  of  the  school  to  which  he  may  be 
committed,  such  child  may  be  returned  to  the  court  for  such  further 
order  or  disposition  as  may  at  that  time  be  determined.  Upon  the 
return  of  said  child  to  the  custody  of  the  juvenile  court,  if  said  child 
be  accused  of  felony,  it  shall  be  the  duty  of  the  judge  of  said  court 
to  sit  as  a  committing  magistrate  and  hold  the  preliminary  examina- 
tion of  such  child,  and  if  upon  said  hearing  he  shall  determine  that 
there  is  probable  cause  to  believe  that  the  child  has  committed  the 
offense  charged  in  the  petition  theretofore  filed  in  said  court,  he  shall 
hold  such  child  to  answer  to  the  superior  court,  and  thereupon  the 
usual  proceedings  shall  be  had  for  the  trial  of  said  case  in  the  supe- 
rior court  after  the  filing  of  the  information  in  pursuance  to  said  order 
of  said  judge  sitting  as  a  committing  magistrate,  and  said  child  shall 
be  tried  by  court  and  jury  in  the  usual  manner  for  the  trial  of  a 
felony.  Provided,  however,  that  no  minor  under  the  age  of  fourteen 
years  at  the  time  of  the  commission  of  the  offense  with  which  he  is 
charged  shall  ever  be  sent  to  a  penitentiary  until  he  has  first  been 
committed  to  the  Whittier  State  School  or  the  Preston  State  School 
of  Industry  and  has  there  proved  to  be  incorrigible  or  not  amenable 
to  the  discipline  of  said  school.  No  minor  who  is  under  the  age  of 
eight  years  or  who  is  suffering  from  any  contagious,  infectious  or 
other  disease  which  would  probably  endanger  the  lives  or  health  of 
the  other  inmates  of  said  state  schools  shall  be  committed  thereto. 
No  minor  shall  be  committed  to  said  state  schools  unless  the  judge 
of  said  court  shall  be  fully  satisfied  that  the  mental  and  physical 
condition  and  qualifications  of  said  minor  are  such  as  to  render  it 
probable  that  such  minor  will  be  benefited  by  the  reformatory  edu- 
cational discipline  of  such  schools. 

Expense  of  maintenance.    When  county  shall  pay. 

Sec.  21.  Any  order  providing  for  the  custody  of  a  dependent  or 
delinquent  child  may  provide  that  the  expense  of  maintaining  such 
child   shall   be   paid  by   the   parent   or   parents   or   guardian   of   such 


2072  APPENDIX. 

child,  and  in  such  case  shall  state  the  amount  to  be  so  paid,  and  shall 
determine  whether  or  not  the  parent  or  parents  or  guardian  shall  ex- 
ercise any  control  of  said  child,  and  define  the  extent  thereof.  Any 
disobedience  of  such  order  or  interference  with  the  custody  of  the 
child  as  therein  determined  shall  constitute  a  contempt  of  court. 

If  it  be  found,  however,  that  the  parent  or  parents  or  guardian  of 
a  dependent  or  delinquent  child  is  unable  to  pay  the  whole  expense 
of  maintaining  such  child,  the  court  may,  in  the  order  providing 
for  the  custody  of  such  child,  direct  such  additional  amount  as  may 
be  necessary  to  support  such  child  to  be  paid  from  the  county  treas- 
ury of  the  county  for  the  support  of  such  child,  the  amount  so  or- 
dered to  be  paid  from  the  treasury  of  said  county  not  to  exceed,  in 
case  of  any  one  child,  the  sum  of  eleven  dollars  per  month;  provided, 
further,  that  no  order  for  the  payment  or  all  or  part  of  the  expense 
of  support  and  maintenance  of  a  dependent  or  delinquent  child  from 
the  county  treasury  shall  be  effective  for  more  than  six  months,  un- 
less a  new  order  is  secured  at  the  expiration  of  that  period.  The 
court  may  thereafter  set  aside,  change  or  modify  any  order  herein 
provided  for. 

Orders  may  be  modified. 

Sec.  22.  Any  order  made  by  said  court  in  case  of  a  dependent  or 
delinquent  person  may  at  any  time  be  changed  and  modified  as  to 
the  judge  may  seem  meet  and  proper. 

Private  hearings. 

Sec.  23.  Any  child  shall  be  entitled  to  a  private  hearing  upon 
the  question  of  its  dependency  or  delinquency,  and  upon  the  request 
of  said  child,  or  either  of  his  parents  or  guardian,  such  hearing  shall 
be  had  privately  in  the  manner  provided  by  law  for  private  hear- 
ings at  preliminary  examinations.  An  order  of  court  adjudging  a 
child  dependent  or  delinquent  under  the  provisions  of  this  act  shall 
in  no  case  be  deemed  to  be  a  conviction  of  crime. 

Minors  under  the  age  of  sixteen,  detention  of. 

Sec.  2-L  No  court,  judge,  magistrate  or  peace-officer  shall  commit 
a  child  under  sixteen  years  of  age  to  any  jail  or  prison,  before  trial 
and  conviction,  but   if   any  such   child  is   not  released  pending  such 


JUVENILE   COURT.  2073' 

hearing,  he  may  be  committed  to  the  care  and  custody  of  a  sherifif, 
constable  or  other  peace-officer  who  shall  keep  such  child  in  a  deten- 
tion home  or  some  other  suitable  place  outside  of  the  inelosure  of 
any  jail  or  prison,  as  the  court  may  direct.  When  any  child  under 
sixteen  years  of  age  shall  be  sentenced  to  confinement  in  any  insti- 
tution to  which  adult  convicts  or  prisoners  are  sentenced  or  confined, 
it  shall  be  unlawful  to  confine  such  child  in  the  same  room,  yard 
or  inelosure  with  such  adult  convicts  or  prisoners,  or  to  permit  such 
child  to  come  or  remain  in  contact  with  such  adult  convicts  or 
prisoners. 

"  Detention  home,"  provision  for. 

Sec.  25.  It  shall  be  the  duty  of  the  legislative  body  of  every 
county,  or  city  and  county,  immediately  upon  this  act  becoming 
effective,  to  provide  and  thereafter  maintain,  at  the  expense  of  such 
county,  or  city  and  county,  a  suitable  house  or  place  to  be  known  as 
the  "  detention  home  "  of  said  county,  or  city  and  county,  for  the 
detention  of  dependent  and  delinquent  children.  Su.ch  detention 
home  must  not  be  in,  or  connected  with,  any  jail  or  prison,  and  shall 
be  conducted  in  all  respects  as  nearly  like  a  home  as  possible  and 
shall  not  be  deemed  to  be  or  treated  as  a  penal  institution.  Such 
governing  body  must  also  provide  for  a  suitable  superintendent  and 
matron  to  have  charge  of  such  detention  home,  and  provide  for  the 
payment,  out  of  the  general  fund  of  the  county,  or  city  and  county, 
of  suitable  salaries  for  such  superintendent  and  matron,  such  em- 
ployees to  be  appointed  by  said  governing  body,  upon  the  nomina- 
tion of  the  probation  committee  and  axjproval  of  the  judge  of  the 
juvenile  court. 

Penal  liability  of  parents  and  guardians. 

Sec.  26.  In  all  cases  where  any  child  shall  be  dependent  or  de- 
linquent under  the  terms  of  this  act,  the  parent  or  parents,  legal 
guardian  or  person  having  the  custody  of  such  child,  or  any  other 
person  who  shall,  by  any  act  or  omission,  encourage,  cause  or  con- 
tribute to  the  dependency  or  delinquency  of  such  child  shall  be  guilty 
of  a  misdemeanor,  and,  upon  conviction  thereof,  shall  be  punished  by 
fine  not  exceeding  one  thousand  dollars  or  imprisonment  in  the  county 
jail  for  not  more  than  one  year  or  by  both  such  fine  and  imprison- 


2074  APPENDIX. 

ment,  and  the  juvenile  court  shall  have  jurisdiction  of  all  such  mis- 
demeanors; provided,  however,  that  the  court  may  suspend  sentence 
for  a  violation  of  the  provisions  of  this  section  and  impose  conditions 
as  to  the  conduct,  in  the  premises,  of  any  person  so  convicted,  and 
make  such  suspension  to  depend  upon  the  fulfillment  by  such  person 
of  such  conditions,  and,  in  case  of  the  breach  of  such  conditions,  or 
any  thereof,  the  court  may  impose  sentence  as  though  there  had  been 
no  such  suspension.  The  court  may  also,  as  a  coadition  of  such  sus- 
pension, require  a  bond  in  such  sum  as  the  court  may  designate,  to 
be  approved  by  the  judge  requiring  same,  to  secure  the  performance 
by  such  person  of  the  conditions  imposed  by  the  court  on  such  sus- 
pension. Such  bond  shall  by  its  terms  be  made  payable  to  the  state 
of  California,  and  any  moneys  received  for  a  breach  thereof  shall 
be  paid  into  the  county  treasury. 

Act,  how  to  be  construed.    Certain  words  defined. 

Sec.  27.  This  act  shall  be  liberally  construed  to  the  end  that  its 
purpose  may  be  carried  out,  to  wit:  That  the  care,  custody  and  dis- 
cipline of  a  child  shall  approximate  as  nearly  as  may  be  that  which 
should  be  given  by  his  parents,  and  in  all  cases  where  it  can  be 
properly  done,  the  child  shall  be  placed  in  an  approved  family,  with 
people  of  the  same  religious  belief,  and  become  a  member  of  the 
family,  by  legal  adoption  or  otherwise.  No  child  shall  be  taken  from 
the  custody  of  his  parent  or  legal  guardian,  without  the  consent  of 
such  parent  or  guardian,  unless  the  court  shall  find  such  parent  or 
guardian  to  be  incapable,  or  has  failed  or  neglected  to  provide  proper 
maintenance,  training  and  education  for  the  child;  or  unless  said 
child  has  been  tried  on  probation  in  said  custody,  and  has  failed  to 
reform,  or  unless  the  court  shall  find  that  the  welfare  of  said  child 
requires  his  custody  shall  be  taken  from  said  parent  or  guardian. 

In  this  act,  words  used  in  any  gender  shall  include  all  other  gen- 
ders, and  the  word  "  county "  shall  include  "  city  and  county,"  the 
plural  shall  include  the  singular  and  the  singular  shall  include  the 
plural. 

Certain  acts  superseded. 

Sec.  28.  This  act  shall  supersede  all  provisions  of  the  act  entitled: 
"  An  Act  to  establish  a  state  reform  school  tor  juvenile  offenders,  and 


JUVENILE   COUKT.  2075 

to  mnke  an  appropriation  therefor,"  approved  March  11,  1889,  and 
all  amendments  thereto,  and  all  provisions  of  the  act  entitled:  "An 
Act  to  establish  a  school  of  industry  and  to  provide  for  the  mainte- 
nance and  management  of  same,  and  to  make  an  appropriation 
therefor,"  approved  March  11,  1889,  and  all  amendment  thereto  re- 
lating to  the  mode  of  commitments  to  the  institutions  therein  named; 
but  said  acts  shall  control  as  to  all  matters  concerning  the  manage- 
ment of  said  institutions,  respectively. 

Certain  acts  repealed.    Judgments  heretofore  made,  effect  of. 

See.  29.  An  act  entitled:  "An  Act  defining  and  providing  for  the 
control,  protection  and  treatment  of  dependent  and  delinquent 
children;  prescribing  the  powers  and  duties  of  courts  with  respect 
thereto;  providing  for  the  appointment  of  probation  officers,  and 
prescribing  their  duties  and  powers;  providing  for  the  separation  of 
children  from  adults  when  confined  in  jails  or  other  institutions;  pro- 
viding for  the  appointment  of  boards  to  investigate  the  qualifications 
of  organizations  receiving  children  under  this  act  and  prescribing  the 
duties  of  such  boards;  and  providing  when  proceedings  under  this 
act  shall  be  admissible  in  evidence,"  approved  February  26,  1903; 
and  the  amendments  thereto  approved  March  22,  1905,  and  March  27, 
1907,  are  hereby  repealed;  provided,  however,  that  all  orders  and 
judgments  made  heretofore  under  said  act  shall  continue  in  full  force 
and  effect,  and  that  the  court  shall  retain  jurisdiction  of  all  children 
heretofore  declared  dependent  or  delinquent,  and  such  children  shall 
be  hereafter  dealt  with  in  the  same  manner  as  if  such  orders  had  been 
made  under  the  provisions  of  this  act,  and  all  proceedings  now  pend- 
ing shall  be  continued  under  the  provisions  of  this  act.  All  children 
now  on  probation  from  justice  courts  shall  remain  on  probation  for 
the  period  fixed  in  the  judgment,  and  if  required  may  be  certified 
to  the  superior  court  in  the  manner  in  said  act  provided.  When  so 
certified  the  said  certificate  shall  be  dealt  with  in  the  same  manner 
as  herein  provided  for  a  petition  alleging  delinquency. 

Act  takes  effect  when. 

Sec.  30.     This  act  shall  take  effect  immediately. 


2076  APPENDIX. 

LABOR  UNIONS. 

An  Act  to  prevent  persons  from  unlawfully  wearing  the  button  of  any 

labor  union  of  this  state. 

[Approved  March  20,  1909;   Stats.  1909,  p.  546.] 

Labor  unions,  protection  of  button. 

Section  1.  Any  person  who  shall  willfully  wear  the  button  of  any 
labor  union  of  this  state,  unless  entitled  to  wear  said  button  under 
the  rules  of  such  union,  shall  be  guilty  of  a  misdemeanor,  and,  upon 
conviction,  shall  be  punished  by  imprisonment  for  a  term  not  to 
exceed  twenty  days  in  the  county  jail  or  by  a  fine  not  to  exceed 
twenty  dollars,  or  by  both  such  fine  and  imprisonment. 

An  Act  to  prevent  persons  from  unlawfully  using  a  union  card. 
[Approved  March  22,   1909;   Stats.   1909,  p.   668.] 

Union  card,  unlawful  use  of. 

Section  1.  Any  person,  who  shall  willfully  use  the  card  of  any 
labor  union  to  obtain  aid,  assistance  or  employment,  thereby  within 
this  state,  unless  entitled  to  use  said  card  under  the  rules  and  regiUo- 
tions  of  a  labor  union  within  this  state,  shall  be  guilty  of  a  mis- 
demeanor. 

Conflicting  acts  repealed. 

Sec.  2.  All  acts,  and  parts  of  acts,  in  co-afiict  with  the  provisions 
of  this  act,  are  hereby  repealed. 


LARCENY.  2077 


LARCENY. 

'An  Act  to  more  fully  define  the  crime  of  larceny. 
[Approved  March  6,   1872;    Stats.  1871-72,  p.  282.] 
§  1.      Grand    larceny. 
§  2.     Petit  larceny. 

Grand  larceny. 

Section  1.  Every  person  who  shall  convert  any  manner  of  real 
estate  of  the  value  of  fifty  dollars  and  upwards  into  personal  prop- 
erty, by  severing  the  same  from  the  realty  of  another,  with  felonious 
intent  to  and  shall  so  steal,  take,  and  carry  away  the  same,  shall 
be  deemed  guilty  of  grand  larceny,  and  upon  conviction  thereof  shall 
be  punishable  by  imprisonment  in  the  state  prison  for  any  term  not 
less  than  one  year  nor  more  than  fourteen  years. 

Petit  larceny. 

Sec.  2.  Every  person  who  shall  convert  any  manner  of  real  estate 
of  the  value  of  under  fifty  dollars  into  personal  property,  by  severing 
the  same  from  the  realty  of  another,  with  felonious  intent  to  and 
shall  so  steal,  take,  and  carry  away  the  same,  shall  be  deemed  guilty 
of  petit  larceny,  and  upon  conviction  thereof  shall  be  punishable  by 
imprisonment  in  the  county  jail  for  a  period  not  more  than  one  year, 
or  by  fine  not  exceeding  one  thousand  dollars,  or  by  both  such  fine 
and  imprisonment. 

Severing  and  removing  part  of  realty:  See  Pen.  Code,  §  495. 


An  Act  supplementary  to  an  act  entitled    "An  Act  concerning  crimes 
and  punishments,"  passed  April  sixteenth,  eighteen  hundred  and  fifty. 
[Approved  March  20,   1872;   Stats.   1871-72,  p.  435.] 

Grand  larceny. 

Section  1.  Every  person  who  shall  feloniously  steal,  take,  and 
carry  away,  or  attempt  to  take,  steal,  and  carry  from  any  mining 
claim,  tunnel,  sluice,  undercurrent,  riffle-box,  or  sulphurate  [sul- 
phuret-] machine  any  gold-dust,  amalgam,  or  quicksilver,  the  property 


2078  APPENDIX. 

of  another,  shall  be  deemed  guilty  of  grand  larceny,  and  upon  con- 
viction thereof  shall  be  punished  by  imprisonment  in  the  state  prison 
for  any  term  of  not  less  than  one  year  nor  more  than  fourteen  years. 

Act  takes  effect  when. 

Sec.  2.     This  act  shall  be  in  force  from  and  after  its  passage. 

Kemains  in  force:   See  People  v.   Salvador,  71  Cal.  16. 


MASTER  AND  SERVANT. 

An  Act  to  prevent  misrepresentations  of  conditions  of  employment, 
mailing  it  a  misdemeanor  to  misrepresent  the  same  and  providing  pen- 
alties therefor. 

[Approved  March  20,   1903;   Stats.  1903,  p.  269.] 
§  1.     False  representations  of  conditions  of  employment. 
§  2.     Penalty. 
§  3.     Act  takes  effect  when. 

False  representations  of  conditions  of  employment. 

Section  1.  It  shall  be  unlawful  for  any  person,  partnership,  com- 
pany, corporation,  association,  or  organization  of  any  kind,  doing 
business  in  this  state  directly  or  through  any  agent  or  attorney,  to 
induce,  influence,  persuade,  or  engage  any  person  to  change  from 
one  place  to  another  in  this  state  or  to  change  from  any  place  in 
any  state,  territory,  or  country  to  any  place  in  this  state,  to  work  in 
any  branch  of  labor,  through  or  by  means  of  knowingly  false  repre- 
sentations, whether  spoken,  written,  or  advertised  in  printed  form, 
concerning  the  kind  or  character  of  such  work,  the  compensation 
therefor,  the  sanitary  conditions  relating  to  or  surrounding  it,  or  the 
existence  or  non-existence  of  any  strike,  lockout,  or  other  labor  dis- 
pute affecting  it  and  pending  between  the  proposed  employer  or 
employers  and  the  persons  then  or  last  theretofore  engaged  in  the 
performance  of  the  labor  for  which  the  employee  is  sought. 

Penalty. 

Sec.  2.  Any  violation  of  section  one  or  section  two  hereof  shall  be 
deemed  a  misdemeanor,  and  shall  be  punished  by  a  fine  of  not  ex- 


OFFICERS — OLIVE-OIL.  2079 

ceeding  two  thousatid  dollars  or  by  imprisonment  for  not  more  than 
one  year,  or  by  both  such  fine  and  imprisonment. 

Act  takes  effect  when. 

Sec.  3.     This  act  shall  take  effect  on  the  date  of  its  passage. 


OFFICERS. 

'An  Act  relating  to  the  intoxication  of  officers. 
[Approved  April  15,   1880;   Stats.  1880,  p.  77.] 

Intoxication  of  ofiicers.     Misdemeanor.     Penalty. 

Section  1.  Any  officer  of  a  town,  village,  city,  county,  or  state, 
who  shall  be  intoxicated  while  in  discharge  of  the  duties  of  his  office, 
or  by  reason  of  intoxication  is  disqualified  for  the  discharge  of,  or 
neglects  his  duties,  shall  be  guilty  of  a  misdemeanor,  and  on  con- 
viction of  such  misdemeanor  shall  forfeit  his  office;  and  in  such  case 
the  vacancy  occasioned  thereby  shall  be  filled  in  the  same  manner  as 
if  such  officer  had  filed  his  resignation  in  the  proper  office,  and  it 
had  been  accepted  by  the  proper  authority;  provided,  such  accept- 
ance shall  have  been  necessary  to  make  the  office  vacant. 

Act  takes  effect  when. 

Sec.  2.     This  act  shall  take  effect  immediately. 


OLIVE-OIL. 

An  Act  to  regulate  the  sale  of  imitation  olive-oil,  and  to  repeal  an  act 
entitled    "An  Act  to  regulate  the  sale  of  olive-oil"    approved  March 

10,  1891. 

[Approved  March  23,  1893;   Stats.  1893,  p.  210.] 
§     1.     Imitation  oil,  what  constitutes. 
§    2.     Imitation  oil  to  be  labeled.      Letters,  kind  of  type  to  be  used.     Names  of 

ingredients  to  be  given. 
§     3.     Not  to  be  consigned  unless  marked.     Proviso. 
§    4.     Not  to  be  in  possession. 

§     5.     Not  to  be  sold  as  pure  olive-oil.     Purchaser  to  be  informed  of  imitation 
oil.      Statement,  what  to  contain. 


2080  APPENDIX. 

§     6.  Presumption  as  to  persons  having  imitation  oil. 

§     7.  False  representation  as  to   imitation  oil. 

§     8.  Penalty  for  violation  of  provisions  of  this  act. 

§     9.  Who  to  enforce. 

§  10.  Certain  act  repealed. 

Imitation  oil.    What  constitutes. 

Section  1.  That  for  the  purpose  of  this  act  every  article,  sub- 
stance, or  compound,  or  oil  other  than  that  extracted  solely  from  the 
fruit  of  the  olive-tree,  made  in  the  semblance  of  olive-oil  extracted 
solely  from  the  fruit  of  the  olive-tree,  is  hereby  declared  to  be  imita- 
tion olive-oil. 

Imitation  oil  to  be  labeled.     Letters,  kind  of  type  to  be  used.     Names 
of  ingredients  to  be  given. 

See.  2.  Each  person  who  manufactures  imitation  olive-oil  shall 
place  upon  every  bottle,  can,  or  other  vessel  containing  such  imitation 
oil,  a  label,  with  the  words  "  imitation  olive-oil  "  printed  thereon  in 
capital  letters,  in  a  clear  and  durable  manner,  in  the  English  lan- 
guage, in  plain  type,  designated  and  known  as  twenty-four-point 
letter  type  [sic]  (two-line  pica),  of  a  Gothic  face;  said  label  shall 
also  state  plainly  the  name  and  address  of  the  manufacturer  or  com- 
pounder, the  name  and  place  where  manufactured  and  put  up,  and 
also  the  names  and  actual  percentages  of  the  different  ingredients 
contained  in  each  bottle,  can,  or  vessel. 

Not  to  be  consigned  imless  marked.    Proviso. 

Sec.  3.  No  person,  by  himself  or  another,  shall  knowingly  ship, 
consign,  or  forward  by  any  common  carrier,  whether  public  or  pri- 
vate, any  imitation  olive-oil,  unless  the  same  be  marked  as  provided 
in  section  two  of  this  act;  and  no  carrier  shall  knowingly  receive, 
for  the  purpose  of  forwarding  or  transporting,  any  imitation  olive- 
oil,  unless  it  shall  be  marked  as  hereinbefore  provided,  consigned,  and 
by  the  carrier  receipted  for,  as  imitation  olive-oil;  provided,  that  this 
act  shall  not  apply  to  any  goods  in  transit  between  foreign  countries 
and  across  the  state  of  California. 

Not  to  be  in  possession. 

Sec.  4.  No  person  shall  knowingly  have  in  his  possession  or  under 
his  control,  any  imitation  olive-oil,  unless  the  bottle,  can,   or  vessel, 


OLIVE-OIL.  2081 

or   other   package   containing   the   same,   be    clearly    marked,    as   pro- 
vided in  section  two  of  this  act. 

Not  to  be  sold  as  pure  olive-oil.     Purchaser  to  be  informed  of  imita- 

tion  oil.     Statement,  what  to  contain. 

Sec.  5.  No  person,  by  himself  or  another,  shall  knowingly  sell  or 
offer  for  sale  imitation  olive-oil  under  the  name  of  or  under  the 
pretense  that  the  same  is  pure  olive-oil;  and  no  person,  by  himself  or 
another,  shall  knowingly  sell  any  imitation  olive-oil  unless  he  shall 
inform  the  purchaser  at  the  time  of  sale  that  the  same  is  imitation 
olive-oil,  and  shall  deliver  to  the  purchaser  at  the  time  of  sale  a 
statement,  clearly  printed  in  the  English  language,  which  shall  refer 
to  the  article  sold,  and  which  shall  contain,  in  plain  type,  designated 
and  known  as  twenty-four-point  letter  type  [sic]  (two-line  pica),  of 
a  Gothic  face,  in  capital  letters,  the  words  "  imitation  olive-oil,"  and 
shall  give  the  name  and  place  of  business  of  the  manufacturer  or 
compounder. 

Presumption  as  to  persons  having  imitation  oil. 

Sec.  6.  Every  person  having  possession  or  control  of  any  imitation 
olive-oil,  which  is  not  marked  as  required  by  the  provisions  of  this 
act,  shall  be  presumed  to  have  known,  during  the  time  of  such  pos- 
session or  control,  that  the  same  was  imitation  olive-oil. 

False  representation  as  to  imitation  oil. 

Sec.  7.  No  person  shall  expose  for  sale  any  oil  bearing  the  sem- 
blance of  olive-oil,  manufactured  out  of  the  state,  and  represent  that 
it  is  manufactured  in  this  state,  nor  shall  offer  for  sale  any  such  oil 
upon  the  receptacle  of  which  is  any  cut,  design,  or  mark  intended  to 
convey  the  belief  that  such  is  manufactured  in  this  state. 

Penalty  for  violation  of  provisions  of  this  act. 

Sec.  8.  Whoever  shall  violate  any  of  the  provisions  or  sections  of 
this  act  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall,  upon 
conviction  thereof,  be  punished  by  a  fine  of  not  less  than  one  hundred 
dollars  nor  more  than  five  hundred  dollars,  or  by  imprisonment  in 
the  county  jail  not  less  than  thirty  days  nor  more  than  six  mouths, 
or  by  both  fine  and  imprisonment,  as  the  court  may  direct. 


2082  APPENDIX. 

Who  to  enforce. 

Sec.  9.  It  shall  be  the  duty  of  the  state  board  of  horticulture  and 
the  state  analyst  to  enforce  the  provisions  of  this  act. 

Certain  act  repealed. 

Sec.  10.  An  act  entitled  "An  Act  to  regulate  the  sale  of  olive- 
oil,"  approved  March  tenth,  eighteen  hundred  and  ninety-one,  is 
hereby  repealed. 

POISON. 

An  Act  to  regulate  the  sale  of  poisons  in  the  state  of  California  and' 
providing  a  penalty  for  the  violation  thereof. 

Amendment   of   title    of   act.     The    original   title   of   this    act   was   amended 
in  1909  by  adding  the  words     "  and  use  "     after     "  to  regulate  the  sale." 
[1.  Approved    March    6,    1907;    Stats.    1907,    p.    124.     2.   Amended    March    19, 

1909;  Stats.  1909,  p.  422.] 
§     1.     Poison    packages    to    be    labeled.      Purchaser    must    be    put    on    inquiry. 

Sales  to  be  recorded.     Form  of  record. 
§     2.      Form  of  label. 
§     3.      State  board  of  pharmacy  to   adopt  schedule  of  antidotes.     Entries   to  be 

in  English. 
§     4.      State  board  may  prohibit  sale  of  any  poison. 
§    5.     Duty  of  wholesale  dealers. 
§     6.     Duty  of  district  attorney. 

§     7.     Penal  section.      Schedule  of  poisons.      Schedule  "A."      Schedule  "B." 
§     8.      Sale   of   opium,    etc.     Written   order   to   be   retained.     As   to    wholesalers. 

Habitual  users  of  opium,  etc. 
§    9.     Drugs  exempted  from  registration, 
§  10.     Conflicting  acts  repealed. 

Poison  packages  to  be  labeled.     Purchaser  must  be  put  on  inquiry. 
Sales  to  be  recorded.    Form  of  record. 

Section  1.  It  shall  be  unlawful  for  any  person  to  vend,  sell,  give 
away  or  furnish  either  directly  or  indirectly,  any  poisons  enumerated 
in  schedules  "A"  and  "  B "  in  section  seven  of  this  act  set  forth  as 
hereinafter  set  forth  in  this  act,  without  labeling  the  package,  box, 
bottle  or  paper  in  which  said  poison  is  contained,  with  the  name  of 
the  article,  the  word  "  poison  "  and  the  name  and  place  of  business  of 
the  person  furnishing  the  same.  Said  label  shall  be  substantially  in 
the  form  hereinafter  provided.     It  shall  be  unlawful  to  sell  or  deliver 


POISON. 


loss 


any  of  the  poisons  named  in  schedule  "A"  or  any  other  dangerously 
poisonous  drug,  chemical,  or  medicinal  substance,  which  may  from 
time  to  time  be  designated  by  the  state  board  of  pharmacy  of 
California,  unless  on  inquiry  it  is  found  that  the  person  desiring  the 
same  is  aware  of  its  poisonous  character,  and  it  satisfactorily  appears 
that  it  is  to  be  used  for  a  legitimate  purpose.  It  shall  be  unlawful 
for  any  person  to  give  a  fictitious  name  or  make  any  false  representa- 
tions to  the  seller  or  dealer  when  buying  any  of  the  poisons  thus 
enumerated.  Printed  notice  of  all  such  additions  to  the  schedule  of 
poisons  named  and  provided  for  in  this  section,  and  the  antidote 
adopted  by  the  board  of  pharmacy  for  such  poisons,  shall  be  given 
to  all  registered  pharmacists  with  the  next  following  renewal  of  their 
certificates.  It  shall  be  unlawful  to  sell  or  deliver  any  poison  in- 
cluded in  schedule  "A"  or  the  additions  thereto,  without  making  or 
causing  to  be  made,  an  entry  in  a  book  kept  solely  for  that  purpose, 
stating  the  date  and  hour  of  sale,  and  the  name,  address  and  signature 
of  the  purchaser,  the  name  and  quantity  of  the  poison  sold,  the 
statement  by  the  purchaser  of  the  purpose  for  which  it  is  required, 
and  the  name  of  the  dispenser,  who  must  be  a  duly  registered  phar- 
macist. 

Said  book  shall  be  in  form  substantially  as  follows: 


Date 
and 
Hour. 


Name       I 
of  I  Residence. 

Purchaser. 


Kind 

and 

Quality. 


Purpose 
of 
Use. 


Signature       Signature 

of  of 

Druggist.      Purcliaser. 


This  book  shall  always  be  open  for  inspection  by  the  proper  author- 
ities, and  shall  be  preserved  for  at  least  five  (5)  years  after  the  date 
of  the  last  entry  therein,  [Amendment.  Approved  March  19,  1909; 
Stats.   1909,  p.  423.] 


Form  of  label. 

Sec.  2.  The  label  required  by  this  act,  to  be  placed  on  all  pack- 
ages of  poison,  shall  be  printed  upon  red  paper  in  distinct  white 
letters,  or  in  distinct  red  letters  upon  white  paper,  and  shall  contain 
the  word  "  poison,"  the  "  vignette  "  representing  the  skull  and  cross- 
bones,  and  the  name  and  address  of  the  person  or  firm  selling  the 
same.  The  name  of  an  antidote  if  any  there  be  for  the  poison  sold, 
shall  also  be  upon  the  package.  No  poison  shall  be  sold  or  delivered 
to  any  person  who  is  less  than  eighteen  years  of  age. 


2084  APPENDIX. 

state  board  of  pharmacy  to  adopt  schedule  of  antidotes.     Entries  to 

toe  in  English. 

Sec.  3.  It  shall  be  the  duty  of  the  state  board  of  pharmacy  to 
adopt  a  schedule  of  what  in  their  judgment  are  the  most  suitable 
common  antidotes  for  the  various  poisons  usually  sold.  After  the 
board  has  adopted  the  schedule  of  antidotes  as  herein  provided  for, 
they  shall  have  the  same  printed  and  shall  forward  by  mail  one  copy 
to  each  person  registered  upon  their  books,  and  to  any  other  person 
applying  for  the  same.  The  particular  antidote  adopted  (and  no 
other)  shall  appear  on  the  poison  label,  provided  for  in  section  2  of 
this  act,  or  be  attached  to  the  package  containing  said  poison.  The 
board  shall  have  power  to  revise  and  amend  the  list  of  antidotes  from 
time  to  time,  as  to  them  may  seem  advisable.  The  entries  in  the 
poison-book  and  the  printed  or  written  matter  provided  for  in  sec- 
tion 2  and  3  of  this  act,  shall  be  in  the  English  language,  provided 
that  the  vendor  of  said  poison  may  enter  the  same  in  any  foreign 
language  he  may  desire,  in  addition  to  said  entry  and  label  in 
English. 

State  board  may  prohibit  sale  of  any  poison. 

Sec.  4.  When  in  the  opinion  of  the  state  board  of  pharmacy,  it  is 
in  the  interest  of  the  public  health,  they  are  hereby  empowered  to 
further  restrict,  or  prohibit  the  retail  sale  of  any  poison  by  rules, 
not  inconsistent  with  the  provisions  of  this  act,  by  them  to  be  adopted, 
and  which  rules  must  be  applicable  to  all  persons  alike.  It  shall  be 
the  duty  of  the  board,  upon  request,  to  furnish  any  dealer  with  a 
list  of  all  articles,  preparations  and  compounds,  the  sale  of  which  is 
prohibited  or  regulated  by  this  act. 

Duty  of  wholesale  dealers. 

Sec.  5.  Wholesale  dealers  and  pharmacists  shall  affix  or  cause  to 
be  affixed  to  every  bottle,  box,  parcel  or  other  inclosure  of  an  original 
package  containing  any  of  the  articles  named  in  schedule  "A"  the 
additions  thereto,  or  in  sections  8  and  9  of  this  act,  a  suitable  label, 
or  brand  with  the  word  "  poison  "  but  they  are  hereby  exempted  from 
the  registration  of  the  sale  of  such  articles  when  sold  at  wholesale 
to  a  registered  pharmacist,  physician,  dentist  or  veterinary  surgeon 
duly  licensed  to  practice  in  the  state;   provided,  that  the   provisions 


POISON.  208") 

of  this  act  shall  not  apply  to  the  sale  of  such  upon  the  prescriptions 
of  practicing  physicians,  dentists  or  veterinary  surgeons  who  are  duly 
licensed  to  practice  in  this  stat^. 

Duty  of  district  attorney. 

Sec.  6.  It  is  hereby  made  the  duty  of  the  district  attorney  of  the 
county  wherein  any  violation  of  this  act  is  committed,  to  conduct  all 
actions  and  prosecutions  for  the  same,  at  the  request  of  the  board 
of  pharmacy. 

Penal  section.     Schedule  of  poisons.     Schedule  "A."     Schedule  "  B." 

Sec.  7.  Any  person  violating  any  of  the  provisions  of  section  eight 
of  this  act  shall  upon  conviction  be  punished  as  follows,  viz.:  for 
the  first  offense  by  a  fine  of  not  less  than  one  hundred  dollars,  and 
not  to  exceed  two  hundred  and  fifty  dollars,  or  by  imprisonment 
for  not  more  than  one  hundred  days  or  by  both  fine  and  imprison- 
ment; for  the  second  offense  by  a  fine  of  not  less  than  two  hundred 
and  fifty  dollars,  and  not  to  exceed  five  hundred  dollars,  or  by  imprison- 
ment for  not  more  than  two  hundred  days  or  by  both  such  fine  and 
imprisonment;  and  for  the  third  offense  by  imprisonment  in  the  state 
prison  for  not  less  than  one  year  and  not  more  than  five  years.  Any 
person  violating  any  of  the  provisions  of  this  act,  except  those  con- 
tained in  section  eight,  shall  be  deemed  guilty  of  a  misdemeanor  and 
upon  conviction  shall  be  fined  in  a  sum  not  less  than  thirty  dollars, 
nor  more  than  one  hundred  dollars,  or  by  imprisonment  for  not  more 
than  fifty  days  or  by  both  such  fine  and  imprisonment.  All  fines 
collected  shall  be  paid  seventy-five  (75%)  per  cent  to  the  state  board 
of  pharmacy,  and  twenty-five  (25%)  per  cent  to  the  county  treasurer 
of  the  county  in  which  the  prosecution  is  conducted. 

The  following  is  schedule  "A"  referred  to  in  section  one,  viz.: 
Schedule  "A,"  arsenic,  its  compounds  and  preparations,  corrosive 
sublimate  and  other  poisonous  derivatives  of  mercury,  corrosive-sub- 
limate tablets,  antiseptic  tablets  containing  corrosive  sublimate, 
cyanide  of  potassium,  strychnine,  hydrocyanic  acid,  oils  of  croton, 
rue  and  tansy,  phosphorus  and  its  poisonous  derivatives  or  com- 
pounds, compound  solution  of  cresol,  lysol,  strophanthus  or  its  prepa- 
rations, aconite,  belladonna,  nux  vomica,  veratrum  viride,  their 
preparations,   alkaloids  or   derivatives. 


2086  APPENDIX. 

The  following  is  schedule  "B":  Hydrochloric  or  muriatic  acid, 
nitric  acid,  oxalic  acid,  sulphuric  acid,  bromide,  chloroform,  cowhage, 
crfiosote,  ether,  solution  of  formaldehyde  or  formalin;  cantharides, 
cocculus  indicus,  Indian  hemp  or  their  preparations;  iodine,  or  its 
tinctures,  oils  of  savin  and  pennyroyal,  tartar  emetic  and  other 
poisonous  derivatives  of  antimony,  sugar  of  lead,  sulphate  of  zinc, 
wool  [wood-] alcohol.  [Amendment.  Approved  March  19,  1909;  Stats. 
1909,  p.  423.] 

Sale  of  opium,  etc.    Written  order  to  be  retained.    As  to  wholesalers. 

Habitual  users  of  opium,  etc. 

Sec.  8.  It  shall  be  unlawful  for  any  person,  firm,  or  corporation 
to  sell,  furnish  or  give  away,  or  ofPer  to  sell,  furnish  or  give  away, 
or  to  have  in  their  or  his  possession  any  cocaine,  opium,  morphine, 
codeine,  heroin  or  chloral  hydrate  or  any  salt  derivative  or  compound 
of  the  foregoing  substances,  or  any  preparation  or  compound  con- 
taining any  of  the  foregoing  substances  or  their  salts,  derivatives  or 
compounds,  except  upon  the  written  order  or  prescription  of  a  phy- 
sician, dentist  or  veterinary  surgeon  licensed  to  practice  in  this  state, 
which  order  or  prescription  shall  be  dated  and  shall  contain  the  name 
of  the  person  for  whom  prescribed,  or  if  ordered  by  a  veterinary 
surgeon  shall  state  the  kind  of  animal  for  which  ordered  and  shall 
be  signed  by  the  person  giving  the  prescription  or  order.  Such 
written  order  or  prescription  shall  be  permanently  retained  on  file  by 
the  person,  firm  or  corporation  who  shall  compound  or  dispense  the 
articles  ordered,  or  prescribed,  and  it  shall  not  be  again  compounded 
or  dispensed  if  each  fluid  or  avoirdupois  ounce  contains  more  than 
eight  grains  of  opium,  or  one  grain  of  morphine,  or  two  grains  of 
codeine,  or  half  a  grain  of  heroin  or  sixty  grains  of  chloral  hydrate, 
except  upon  the  written  order  of  the  prescriber  for  each  and  every 
subsequent  compounding  or  dispensing.  No  copy  or  duplicate  of  such 
written  order  or  prescription  shall  be  made  or  delivered  to  any  per- 
son, but  the  original  shall  at  all  times  be  open  to  inspection  by  the 
prescriber  and  properly  authorized  oflicers  of  the  law;  provided,  that 
the  above  provisions  shall  not  apply  to  preparations  sold  or  dispensed 
without  a  physician's  prescription,  containing  less  than  two  grains 
of   opium,   or   one    quarter   grain   of   morphine   or   one   half   grain    of 


POISON.  2087 

codeine,  or  one  sixth  grain  heroin,  or  ten  grains  chloral  hydrate  in 
one  fluid  ounce,  or,  if  a  solid  preparation,  in  one  avoirdupois  ounce; 
and  provided  further,  that  the  above  provisions  shall  not  apply  to 
sales  at  wholesale  by  jobbers,  wholesalers  and  manufacturers  to  phar- 
macies, as  defined  in  section  one  of  an  act  entitled:  "An  Act  to  regu- 
late the  practice  of  pharmacy  in  the  state  of  California  and  to  pro- 
vide a  penalty  for  the  violation  thereof;  and  for  the  appointment 
of  a  board  to  be  known  as  the  California  state  board  of  pharmacy, 
approved  March  20th,  1905,  and  acts  amendatory  thereto;"  or  physi- 
cians, nor  to  each  other,  nor  to  the  sale  at  retail  by  retail  pharmacies, 
to  physicians,  dentists,  or  veterinary  surgeons  duly  licensed  to  prac- 
tise in  this  state. 

It  shall  be  unlawful  for  any  practitioner  of  medicine,  dentistry  or 
veterinary  medicine  to  furnish  to  or  to  prescribe  for  the  use  of.  any 
habitual  user  of  the  same,  any  cocaine,  opium,  morphine,  codeine, 
heroin,  or  chloral  hydrate,  or  any  salt,  derivative  or  compound  of 
the  foregoing  substances,  or  any  preparation  containing  any  of  the 
foregoing  substances  or  their  salts,  derivatives  or  compounds,  and 
it  shall  also  be  unlawful  for  any  practitioner  of  dentistry  to  prescribe 
any  of  the  foregoing  substances  for  any  person  not  under  his  treat- 
ment in  the  regular  practice  of  his  profession,  or  for  any  veterinary 
surgeon  to  prescribe  any  of  the  foregoing  substances  for  the  use  of 
any  human  being;  provided,  however,  that  the  provisions  of  this  sec- 
tion shall  not  be  construed  to  prevent  any  duly  licensed  physician 
from  furnishing  or  prescribing  in  good  faith  for  the  habitual  user 
of  any  narcotic  drugs  who  is  under  his  professional  care,  such  sub- 
stances as  he  may  deem  necessary  for  their  treatment,  when  such 
prescriptions  are  not  given  or  substances  furnished  for  the  purpose 
of  evading  the  purposes  of  this  act.  [Amendment.  Approved  March 
19,  1909;  Stats.  1909,  p.  424.] 

Drugs  exempted  from  registration. 

Sec.  9.  The  sale  or  furnishing  of  carbolic  acid  (phenol)  in  quan- 
tities of  less  than  one  pound  is  prohibited  unless  upon  the  prescrip- 
tion of  a  physician,  dentist  or  veterinary  surgeon  duly  licensed  to 
practice  in  this  state;  but  this  prohibition  shall  not  apply  to  solu- 
tions of  carbolic  acid   (phenol)    containing  not  over  ten  per  cent  of 


2088  APPENDIX. 

the  carbolic  acid  (phenol)  and  not  less  than  ten  per  cent  of  ethyl 
alcohol.  All  sales  of  carbolic  acid  (phenol)  thus  diluted  with  water 
and  ethyl  alcohol  so  as  to  contain  not  more  than  ten  per  cent  of 
carbolic  acid  (phenol)  can  be  made  under  the  same  conditions  as  the 
drugs  enumerated  in  schedule  "  B "  as  found  in  section  seven,  but 
sales  of  carbolic  acid  (phenol)  containing  more  than  ten  per  cent  of 
said  acid  shall  be  registered  subject  to  the  same  regulations  as  the 
poisons  enumerated  in  schedule  "A"  as  found  in  section  7.  [Amend- 
ment.    Approved  March  19,  1909;  Stats.  1909,  p.  425.] 

Conflicting  acts  repealed. 

Sec.   10.     All   acts  and  parts  of  acts  in   conflict  with   this   act   are 
hereby  repealed. 

POLICE. 

An  Act  to  create  a  police  relief,  health,  and  life  insurance  and  pension 
fund  in  the  several  counties,  cities  and  counties,  cities,  and  towns  of 
the  state. 

[1.  Approved  March  4,  1889;  Stats.  1889,  p.  56.  2.  Amended  March  31, 
1891;  Stats.  1891,  p.  287.  3.  Amended  March  31,  1891;  Stats.  18t)l,  p. 
469.     4.   Amended    March    2,    1897;    Stats.    1897,    p.    52.] 

§     1.  Who  to   constitute  board  of  trustees  of  police  relief  or  pension  fund. 

§     2.  Organization   and   officers. 

§     3.  Qualifications   to  receive  pension. 

§     4.  Physical   disability.      Restoration. 

§     5.  Evidence   of   disability   to   be   filed. 

§     6.  Pension    to   family. 

§     7.  Stipulated   sum   to   family. 

§     8.  Re-examination. 

§     9.  Forfeiture    of   pension. 

§  10.  Meetings,   and  duties  of  board. 

§  11.  Other  powers   of  board. 

§  12.  Annual  payments  into  fund  by  supervisors. 

§  13.  Mergement  of  other  insurance  funds. 

§  14.  Reports. 

§  15.  Conflicting  acts  repealed, 

§  16.  Act  takes  effect  when. 

Who  to  constitute  board  of  trustees  of  police  relief  or  pension  fund. 

Section  1.     The  chairman  of  the  board  of  supervisors  of  the  county, 
city  and  county,  city,  or  incorporated  town  in  which  there  is  no  board 


POLICE.  2089 

of  police  commissioners,  the  treasurer  of  the  county,  city  and  county, 
or  incorporated  town,  and  the  chief  of  police,  and  their  successors  in 
office,  are  hereby  constituted  a  board  of  trustees  of  the  police  relief 
or  pension  fund  of  the  police  department,  to  provide  for  the  disburse- 
ment of  the  same  and  to  designate  the  beneficiaries  thereof,  as  here- 
inafter directed,  which  board  shall  be  known  as  the  "  Board  of  Police 
Pension  Fund  Commissioners;"  provided,  however,  that  where  there 
is  in  any  county,  city  and  county,  city,  or  town,  a  board  of  police 
commissioners,  then  such  body  shall  constitute  said  board  of  trustees 
of  the  police  relief  and  pension  fund  of  the  police  department. 
[Amendment.     Approved  March  31,  1891;  Stats.  1891,  p.  469.] 

Organization  and  officers. 

Sec.  2.  They  shall  organize  as  such  board  by  choosing  one  of  their 
number  as  chairman,  and  by  appointing  a  secretary.  The  treasurer 
of  the  county,  city  and  county,  city,  or  town  shall  be  ex  officio  treas- 
urer of  said  fund.  Such  board  of  trustees  shall  have  charge  of  and 
administer  said  fund,  and  to  order  payments  therefrom  in  pursuance 
of  the  provisions  of  this  act.  They  shall  report  annually,  in  the 
month  of  June,  to  the  board  of  supervisors,  or  other  governing  author- 
ity of  the  county,  city  and  county,  city,  or  incorporated  town,  the 
condition  of  the  police  relief  and  pension  fund,  and  the  receipts  and 
disbursements  on  account  of  the  same,  with  a  full  and  complete  list 
of  the  beneficiaries  of  said  fund  and  the  amounts  paid  them.  [Amend- 
ment.    Approved  March  31,  1891;  Stats.  1891,  p.  469.] 

Qualifications  to  receive  pension. 

Sec.  3.  Whenever  any  person  at  the  taking  effect  of  this  act,  or 
thereafter,  shall  have  been  duly  appointed  or  selected,  and  sworn, 
and  have  served  for  twenty  years,  or  more,  in  the  aggregate,  as  a 
member,  in  any  capacity  or  any  rank  whatever,  of  the  regularly  con- 
stituted police  department  of  any  such  county,  city  and  county,  city, 
or  town  which  may  hereafter  be  subject  to  the  provisions  of  this  act, 
said  board  may,  if  it  see  fit,  order  and  direct  that  such  person,  after 
becoming  sixty  years  of  age,  be  retired  from  further  service  in  such 
police  department,  and  from  the  date  of  the  making  of  such  order 
the  service  of  such  person  in  such  police  department  shall  cease,  and 
such  person  so  retired  shall  thereafter,  during  Ms  lifetime,  be  paid 


2090  APPENDIX, 

from  such  fund  a  yearly  pension  equal  to  one  half  of  the  amount  of 
salary  attached  to  the  rank  which  he  may  have  held  in  said  police 
department  for  the  period  of  one  year  next  preceding  the  date  of 
such  retirement.  [Amendment.  Approved  March  2,  1897;  Stats. 
1897,  p.  52. 

Physical  disability.    Restoration. 

Sec.  4.  Whenever  any  person,  while  serving  as  a  policeman  in  any 
such  county,  city  and  county,  city,  or  town,  shall  become  physically 
disabled  by  reason  of  any  bodily  injury  received  in  the  immediate  or 
direct  performance  or  discharge  of  his  duty  as  such  policeman,  said 
board  may,  upon  his  written  request,  or  without  such  request,  if  it 
deem  it  to  be  for  the  good  of  said  police  force,  retire  such  person  from 
said  department,  and  order  and  direct  that  he  shall  be  paid  from  said 
fund,  during  his  lifetime,  a  yearly  pension  equal  to  one  half  of  the 
amount  of  salary  attached  to  the  rank  which  he  may  have  held  on 
such  police  force  at  the  date  of  such  retirement,  but  on  the  death  of 
such  pensioner  his  heirs  or  assigns  shall  have  no  claim  against  or  upon 
such  police  relief  or  pension  fund;  provided,  that  whenever  such  dis- 
ability shall  cease  such  pension  shall  cease,  and  such  person  shall  be 
restored  to  active  service  at  the  same  salary  he  received  at  the  time 
of  his  retirement.  [Amendment.  Approved  March  2,  1897;  Stats. 
1897,  p.  52.] 

Evidence  of  disability  to  be  filed. 

Sec.  5.  No  person  shall  be  retired,  as  provided  in  the  next  preced- 
ing section,  or  receive  any  benefit  from  said  fund,  unless  there  shall 
be  filed  with  said  board  certificates  of  his  disability,  which  certifi- 
cates shall  be  subscribed  and  sworn  to  by  said  person,  and  by  the 
county,  city  and  county,  city,  or  town  physician  (if  there  be  one), 
and  two  regularly  licensed  practicing  physicians  of  such  county,  city 
and  county,  city,  or  town,  and  such  board  may  require  other  evidence 
of  disability  before  ordering  such  retirement  and  payment  as  afore- 
said. 

Pension  to  family. 

Sec.  6.  Whenever  any  member  of  the  police  department  of  such 
county,  city  and  county,  city,  or  town  shall  lose  his  life  while  in  the 


POLICE.  2091 

performance  of  his  duty,  leaving  a  widow,  or  child  or  children  under 
the  age  of  sixteen  years,  then  upon  satisfactory  proof  of  such  facts 
made  to  it,  such  board  shall  order  and  direct  that  a  yearly  pension, 
equal  to  one  third  the  amount  of  the  salary  attached  to  the  rank 
which  such  member  held  in  said  police  department  at  the  time  of  his 
death,  shall  be  paid  to  such  widow  during  her  life,  or  if  no  widow, 
then  to  the  child  or  children,  until  they  shall  be  sixteen  years  of  age; 
provided,  if  such  widow,  or  child  or  children,  shall  marry,  then  such 
person  so  marrying  shall  thereafter  receive  no  further  pension  from 
such  fund. 

Stipulated  sum  to  family. 

Sec.  7.  Whenever  any  member  of  the  police  department  of  such 
county,  city  and  county,  city,  or  town,  shall,  after  ten  years  of  ser- 
vice, die  from  natural  causes,  then  his  widow  or  children,  or  if  there 
be  no  widow  or  children,  then  his  mother  or  unmarried  sisters,  shall 
be  entitled  to  the  sum  of  one  thousand  dollars  from  such  fund. 
[Amendment.     Approved  March  31,  1891;  Stats.  1891,  p.  287.] 

Re-examination. 

Sec.  8.  Any  person  retired  for  disability  under  this  act  may  be 
summoned  before  the  board  herein  provided  for  at  any  time  there- 
after, and  shall  submit  himself  thereto  for  examination  as  to  his  fit- 
ness for  duty,  and  shall  abide  the  decision  and  order  of  such  board 
with  reference  thereto;  and  all  members  of  the  police  force  who  may 
be  retired  under  the  provisions  of  this  act  shall  report  to  the  chief 
of  police  of  the  county,  city  and  county,  city,  or  town  where  so  re- 
tired, on  the  first  Mondays  of  April,  July,  October,  and  January  of 
each  year;  and  in  cases  of  great  public  emergency  may  be  assigned 
to  and  shall  perform  such  duty  as  said  chief  of  iwlice  may  direct;  and 
such  persons  shall  have  no  claim  against  the  county,  city  and  county, 
city,  or  town  for  payment  for  such  duty  so  performed. 

Forfeiture  of  pension. 

Sec.  9.  When  any  person  who  shall  have  received  any  benefit  from 
said  fund  shall  be  convicted  of  any  felony,  or  shall  become  an  habitual 
drunkard,  or  shall  become  a  non-resident  of  this  state,  or  shall  fail  to 
report   himself   for   examination   for   duty   as   required   herein,   unless 


2092  APPENDIX. 

excused  by  the  board,  or  shall  disobey  the  requirements  of  said  board 
under  this  act,  in  respect  to  said  examination  or  duty,  then  such  board 
shall  order  that  such  pension  allowance  as  may  have  been  granted  to 
such  person  shall  immediately  cease,  and  such  person  shall  receive  no 
further  pension,  allowance,  or  benefit  under  this  act. 

Meetings,  and  duties  of  board. 

Sec.  10.  The  board  herein  provided  for  shall  hold  quarterly  meet- 
ings on  the  first  Mondays  of  April,  July,  October,  and  January  of 
each  year,  and  upon  the  call  of  its  president;  it  shall  biennially 
select  from  its  members  a  president  and  secretary;  it  shall  issue  war- 
rants, signed  by  its  president  and  secretary,  to  the  persons  entitled 
thereto  of  the  amount  of  money  ordered  paid  to  such  persons  from 
such  fund  by  said  board,  which  warrant  shall  state  for  what  purpose 
such  payment  is  to  be  made;  it  shall  keep  a  record  of  all  its  proceed- 
ings, which  record  shall  be  a  public  record;  it  shall  at  each  quarterly 
meeting  send  to  the  treasurer  of  the  county,  city  and  county,  city,  or 
town,  and  to  the  auditor  of  such  county,  city  and  county,  city,  or 
town,  a  written  or  printed  list  of  all  persons  entitled  to  payment 
from  the  fund  herein  provided  for,  stating  the  amount  of  such  pay- 
ments and  for  what  granted,  which  list  shall  be  certified  to  and  signed 
by  the  president  and  secretary  of  such  board,  attested  under  oath. 
The  auditor  shall  thereupon  enter  a  copy  of  said  list  upon  a  book  to 
be  kept  for  that  purpose,  and  which  shall  be  known  as  "  the  police 
relief  and  pension  fund  "  book.  When  such  list  has  been  entered  by 
the  auditor  he  shall  transmit  the  same  to  the  board  of  supervisors, 
or  other  governing  authority  of  such  county,  city  and  county,  city,  or 
town,  which  board  or  authority  shall  order  the  payment  of  the 
amounts  named  therein  out  of  "  the  police  relief  and  pension  fund." 
A  majority  of  all  the  members  of  said  board  herein  provided  for  shall 
constitute  a  quorum  and  have  power  to  transact  business. 

Other  powers  of  board. 

Sec.  11.  The  board  herein  provided  for  shall,  in  addition  to  other 
powers  herein  granted,  have  power: 

First — To  compel  witnesses  to  attend  and  testify  before  it,  upon  all 
matters  connected  with  the  operation  of  this  act,  in  the  same  manner 
as  is  or  may  be  provided  by  law  for  the  taking  of  testimony  before 


POLICE.  2093 

notaries  public;  and  its  president,  or  any  member  of  said  board,  may 
administer  oaths  to  such  witnesses. 

Second — To  appoint  a  secretary,  and  to  provide  for  the  payment 
from  said  fund  of  all  its  necessary  expenses,  including  secretary  hire 
and  printing;  provided,  that  no  compensation  or  emolument  sliall  be 
paid  to  any  member  of  said  board  for  any  duty  required  or  per- 
formed under  this  act. 

Third — To  make  all  needful  rules  and  regulations  for  its  guidance, 
in  conformity  with  the  provisions  of  this  act. 

Annual  payments  into  fund  by  supervisors. 

Sec.  12.  The  board  of  supervisors,  or  other  governing  authority,  of 
any  county,  city  and  county,  city,  or  town  shall,  for  the  purposes  of 
said  "  police  relief  and  pension  fund  "  hereinbefore  mentioned,  direct 
the  pa^-ment  annually,  and  when  the  tax  levy  is  made,  into  said  fund, 
of  the  following  moneys: 

First — Not  less  than  five  nor  more  than  ten  per  centum  of  all 
moneys  collected  and  received  from  licenses  for  the  keeping  of  places 
wherein  spirituous,  malt,  or  other  intoxicating  liquors  are  sold. 

Second — One  half  of  all  moneys  received  from  taxes  or  from  licenses 
upon  dogs. 

Third — All  moneys  received  from  fines  imposed  upon  the  members 
of  the  police  force  of  said  county,  city  and  county,  city,  or  town,  for 
violation  of  the  rules  and  regulations  of  the  police  department. 

Fourth — All  proceeds  of  sales  of  unclaimed  property. 

Fifth — Not  less  than  one  fourth  nor  more  than  one  half  of  all 
moneys  received  from  licenses  from  pawnbrokers,  billiard-hall  keepers, 
second-hand  dealers,  and  junk-stores. 

Sixth — All  moneys  received  from  fines  for  carrying  concealed 
weapons. 

Seventh — Twenty-five  per  centum  of  all  fines  collected  in  money  for 
violation  of  county,  city  and  county,  city,  or  town  ordinances. 

Eighth — All  rewards  given  or  paid  to  members  of  such  police  force, 
except  such  as  shall  be  excepted  by  the  chief  of  police. 

Ninth — The  treasurer  of  any  county,  city  and  county,  city,  or  town 
shall  retain  from  the  pay  of  each  member  of  police  department  the 
sum  of  two  dollars  per  month,  to  be  forthwith  paid  into  said  police 
relief  and  pension  fund,  and  no  other  or  further  retention  or  deduc- 


2094  APPENDIX. 

tion  shall  be  made  from  such  pay  for  any  other  fund  or  purpose  what- 
ever. 

Mergement  of  other  insurance  funds. 

Sec.  13.  Any  police,  life,  and  health  insurance  fund,  or  any  fund 
provided  by  law,  heretofore  existing  in  any  county,  city  and  county, 
city,  or  town,  for  the  relief  or  pensioning  of  police-officers,  or  their 
life  or  health  insurance,  or  for  the  payment  of  a  sum  of  money  on 
their  death,  shall  be  merged  with,  paid  into,  and  constitute  a  part  of 
the  fund  created  under  the  provisions  of  this  act;  and  no  person  who 
has  resigned  or  been  dismissed  from  said  police  department  shall  be 
entitled  to  any  relief  from  such  fund;  provided,  that  any  person  who, 
within  one  year  prior  to  the  passage  of  this  act,  has  been  dismissed 
from  the  police  department  for  incompetency  or  inefficiency,  and 
which  incompetency  or  inefficiency  was  caused  solely  by  sickness  or 
disability  contracted  or  suffered  while  in  service  as  a  member  thereof, 
and  who  has,  prior  to  said  dismissal,  served  for  twelve  or  more  years 
as  such  member,  shall  be  entitled  to  all  the  benefits  of  this  act. 

Reports. 

Sec.  14.  On  the  last  day  of  .June  of  each  year,  or  as  soon  there- 
after as  practicable,  the  auditor  of  such  county,  city  and  county,  city, 
or  town  shall  make  a  report  to  the  board  of  supervisors,  or  other 
governing  authority  of  such  county,  city  and  county,  city,  or  town,  of 
all  moneys  paid  out  on  account  of  said  fund  during  the  previous  year, 
and  of  the  amount  then  to  the  credit  of  the  "  police  relief  and  pension 
fund,"  and  all  surplus  of  said  fund  then  remaining  in  said  fund  ex- 
ceeding the  average  amount  per  year  paid  out  on  account  of  said  fund 
during  the  three  years  next  preceding,  shall  be  transferred  to  and  be- 
come a  part  of  the  general  fund  of  every  such  county,  city  and  county, 
city,  or  town,  and  no  longer  under  the  control  of  said  board,  or  sub- 
ject to  its  order.  Payments  provided  for  in  this  act  shall  be  made 
quarterly,  upon  proper  vouchers. 

Conflicting  acts  repealed. 

Sec.  15.  All  acts  or  parts  of  acts  in  conflict  with  the  provisions  of 
this  act  are  hereby  repealed. 


POLICE.  2095 

Act  takes  effect  when. 

Sec.  16.     This  act  ghall  take  effect  from  and  after  its  passage. 

Rights  of  officer  in  fund:    See  Pennie  v.  Reis,  132  U.  S.  464. 


An  Act  to  provide  for  the  compensation  of  the  chief  and  captain  of 
police  and  police-officers,  in  cities  in  the  state  of  California  containing 
not  less  than  ten  thousand  and  not  exceeding  twenty-five  thousand 
inhahitants. 

[Approved   March   23,    1893;    Stats.   1893,   p.   280.] 

Act  unconstitutional.     This  act  was  declared  unconstitutional  in  Darcy  v. 
Mayor  of  San  Jose,   104   Cal.   642. 


An  Act  to  increase  the  police  force  of  the  various  cities,  and  cities  and 
counties,  and  towns,  of  the  state,  and  to  provide  for  the  appointment 
of  such  extra  police-officers,  and  for  the  payment  of  their  salaries. 
[Approved  February  24,   1891;   Stats.  1891,  p.  10.] 
§  1.     Police  forces.     How  appointed. 
§  2.      Salaries. 
§  3.     Who   included   in    terms      "  common   council,"     "  board   of   trustees,"     and 

"  board  of  supervisors." 
§  4.     Act   takes  effect  when. 

Police  forces.    How  appointed. 

Section  1.  The  board  of  supervisors,  board  of  trustees,  or  common 
council  of  a  city,  or  city  and  county,  or  town,  of  this  state,  of  the 
first,  second,  or  fourth  classes,  are  hereby  authorized  and  empowered 
to  increase  the  police  force  of  their  respective  cities,  and  cities  and 
counties,  or  towns,  from  time  to  time,  as  may  be  deemed  necessary  by 
said  common  council,  board  of  trustees,  or  board  of  supervisors;  pro- 
vided, that  the  police  force  in  any  city,  or  city  and  county,  shall  not 
exceed  in  the  aggregate,  at  any  time,  one  member  for  every  five  hun- 
dred inhabitants  of  such  city,  or  city  and  county;  provided  further, 
that  in  cities  of  the  third  class  the  police  force  shall  not  exceed  in 
the  aggregate,  at  any  time,  one  member  for  every  one  thousand  in- 
habitants of  said  cities,  according  to  the  latest  census  of  the  United 


2096  APPENDIX. 

states;  said  additional  police  force  to  be  appointed  by  the  board  of 
police  commissioners  or  other  board  or  authority  now  by  law  em- 
powered to  appoint  police-officers  in  their  respective  cities,  or  cities 
and  counties,  or  towns. 

Salaries. 

Sec.  2.  The  salary  of  additional  police-officers  hereby  authorized 
shall  be  of  the  same  amounts  for  each  officer  as  is  now  paid  by  law  to 
the  other  members  of  such  police  force  in  their  respective  cities,  or 
cities  and  counties,  or  towns;  and  said  additional  police-officers  shall 
be  paid  at  the  same  time  and  in  the  same  manner  and  out  of  the  same 
fund  as  the  other  members  of  their  respective  police  forces  are  now 
or  shall  hereafter  be  paid. 

Who  included  in  terms  "  common  council,"  "  "board  of  trustees,"  and 

"board  of  supervisors." 

Sec.  3.  The  terms  common  council,  board  of  trustees,  and  board  of 
supervisors  are  hereby  declared  to  include  any  body  or  board  which, 
under  the  law,  is  the  legislative  department  of  the  government  of  any 
city,  or  city  and  county,  or  towns. 

Act  takes  effect  when. 

Sec.  4.  This  act  shall  be  in  force  and  effect  from  and  after  its 
passage. 


An  Act  authorising  and  requiring  hoards  or  commissions  having  th€> 
management  and  control  of  paid  police  force  to  grant  the  members 
thereof  yearly  vacations. 

[1.  Approved  March  10,   1891;    Stats.    1891,   p.   47.     2.  Amended  February   28, 
1907;    Stats.    1907,    p.    62.] 

Leaves  of  absence  of  police-officers,  with  pay. 

Section  1.  In  every  city  or  city  and  county  of  this  state  where 
there  is  a  regular  organized  paid  police  force,  the  board  of  supervisors, 
common  council,  commissions  or  other  body  having  the  management 
and  control  of  the  same  must  once  in  every  year  provide  for  granting 
every  member  thereof  a  leave  of  absence  from  active  duty  for  a 
period  of  fifteen  days.    Leaves  of  absence  so  granted  must  be  arranged 


POLICE.  2097 

by  said  board  or  commission  so  as  not  to  interfere  with  the  police  pro- 
tection of  any  such  city,  or  city  and  county;  and  leaves  of  absence 
granted  in  case  of  sickness  or  in  consideration  of  wounds  or  injuries 
received  while  in  the  discharge  of  duty  shall  not  be  construed  to  be 
or  become  a  part  of  the  leave  of  absence  provided  for  by  this  act. 
No  deduction  must  be  made  from  the  pay  of  any  police-officer  granted 
leave  of  absence  under  the  provisions  of  this  act.  [Amendment.  Ap- 
proved February  28,  1907;  Stats.  1907,  p.  62.] 

Act  takes  effect  when. 

Sec.  2.     This  act  shall  take  effect  immediately. 


An  Act  regulating  the  hours  of  service  on  regular  duty  hy  memhcrs  of 
the  police  department  of  cities  of  the  first  class,  cities  and  co^mties, 
cities  of  the  first  and  one  half  class,  and  cities  of  the  second  class. 
[Approved   February    27,    1903;    Stats.    1903,   p.    51.] 

Hours  of  duty  of  police-officers. 

Section  1.  In  all  cities  of  the  first  class,  cities  and  counties,  cities 
of  the  first  and  one  half  class,  and  cities  of  the  second  class  of  this 
state  where  a  regular  police  department  is  maintained,  patrol  cap- 
tains, lieutenants,  sergeants,  and  regular  officers  shall  be  required  to 
serve  on  duty  not  longer  than  eight  hours  in  every  twenty-four  hours; 
provided,  that  in  case  of  riot  or  other  emergency,  every  attache  of 
the  police  department  shall  perform  such  duty  and  for  such  time  as 
the  directing  authority  of  the  department  shall  require. 

Act  takes  effect  when. 

Sec.  2.     This  act  shall  take  effect  immediately. 
Gen.  Laws — 122 


2098  APPENDIX. 

An  Act  to  provide  for  the  appointment  of  policemen,  with  the  powers 
of  peace-officers,  to  serve  upon  the  premises,  cars  or  boats  of  railroad 
and  steamship  companies. 

[Approved  March   23,    1901;    Stats.    1901,   p.    666.] 

§  1.      Governor  to  appoint  policemen  for  railroad  and  steamboat  corporations. 

§  2.      Officers  to  wear  visible  shield. 

§  3.     Act  takes  effect  when. 

Governor  to  appoint  policemen  for  railroad  and  steamboat  corpora- 
tions. 

Section  1.  The  governor  of  the  state  of  California  is  hereby  author- 
ized and  empowered,  upon  the  application  of  any  railroad  or  steam- 
boat company,  to  appoint  and  commission  during  his  pleasure  one  or 
more  persons  designated  by  such  company  and  to  serve  at  the  expense 
of  such  company,  as  policeman  or  policemen,  with  the  powers  of  peace- 
officei-s,  and  who,  after  being  duly  sworn,  may  act  as  such  policeman 
or  policemen  upon  the  premises,  cars  or  boats  of  such  company.  The 
company  designating  such  person  or  persons  shall  be  responsible 
civilly  for  any  abuse  of  his  or  their  authority. 

Officers  to  wear  visible  shield. 

Sec.  2.  Every  such  policeman  shall,  when  on  duty,  wear  in  plain 
view  a  shield  bearing  the  words  "  railroad  police,"  or  "  steamboat 
police,"  as  the  case  may  be,  and  the  name  of  the  company  for  which 
he  is  commissioned. 

Act  takes  effect  when. 

Sec.  3.     This  act  shall  take  effect  immediately. 


An  Act  relating  to  senior  rights  of  members  of  paid  police  departments 
of  counties,  cities  and  counties,  cities  or  towns. 
[Approved  February  23,  1907;    Stats.   1907,  p.  46.] 

Police  department.     Senior  rights  in  assignment  of  duty. 

Section  1.  Whenever  a  member  of  a  paid  police  department  of  any 
county,  city  and  county,  city  or  town  shall  have  served  ten  years  as  a 
member  of  such  police  department,  he  shall  be  entitled  to  senior  rights 
in  assignment  of  duties,  and  shall  be  entitled  to  day-work  in  prefer- 


PUBLIC    HEALTH.  2099 

ence  to  members  of  such  department,  who  have  served  less  than  ten 
years. 

Act  takes  effect  when. 

Sec.  2.     This  act  shall  take  effect  immediately. 


PUBLIC  HEALTH. 

An  Act  to  protect  p^iblic  health  from  infection  caused  hy  erhunmtion  and 
removal  of  the  remains  of  deceased  persons. 

[1.  Approved  April  1,   1878;    Stats.   1877-78,  p.   1050.     2.  Amended  March  13, 
1889;    Stats.   1889,   p.   139.] 

§  1.  Disinterring   bodies   unlawful   without   permit. 

§  2.  Permits    granted   upon   what.     Contents   of  permit. 

§  3.  Misdemeanor.     Transportation   of   bodies,    etc. 

§  4.  Misdemeanor. 

§  5.  Reward   for  information. 

§  6.  Removal  of  remains  of  deceased  persons. 

§  7.  Act  takes  effect  when. 

Disinterring  bodies  unlawful  without  permit. 

Section  1.  It  shall  be  unlawful  to  disinter  or  exhume  from  a  grave, 
vault,  or  other  burial-jilace,  the  body  or  remains  of  any  deceased  per- 
son, unless  the  person  or  persons  so  doing  shall  first  obtain,  from  the 
board  of  health,  health-officer,  mayor,  or  other  head  of  the  municipal 
government  of  the  city,  town,  or  city  and  county  where  the  same  are 
deposited,  a  permit  for  said  purpose.  Nor  shall  such  body  or  remains 
disinterred,  exhumed,  or  taken  from  any  grave,  vault,  or  other  place 
of  burial  or  deposit,  be  removed  or  transported  in  or  through  the 
streets  or  highways  of  any  city,  town,  or  city  and  county,  unless  the 
person  or  persons  removing  or  transporting  such  body  or  remains  shall 
first  obtain,  from  the  board  of  health  or  health-officer  (if  such  board 
or  officer  there  be),  and  from  the  mayor  or  other  head  of  the  municipal 
government  of  the  city  or  town,  or  city  and  county,  a  permit,  in  writ- 
ing, so  to  remove  or  transport  such  body  or  remains  in  and  through 
such  streets  and  highways. 

Permits  granted  upon  what.     Contents  of  permit 

Sec.  2.  Permits  to  disinter  or  exhume  the  bodies  or  romnins  of  de- 
ceased persons,  as  in  the  last  section,  may  be  granted,  provided  the 


2100  APPENDIX. 

person  applying  therefor  shall  produce  a  certificate  from  the  coroner, 
the  physician  who  attended  such  deceased  person,  or  other  physician 
in  good  standing  cognizant  of  the  facts,  which  certificate  shall  state 
the  cause  of  death  or  disease  of  which  the  person  died,  and  also  the 
age  and  sex  of  such  deceased;  and  provided,  further,  that  the  body 
or  remains  of  deceased  shall  be  inclosed  in  a  metallic  case  or  coffin, 
sealed  in  such  manner  as  to  prevent,  as  far  as  practicable,  any  nox- 
ious or  oifensive  odor  or  effluvia  escaping  therefrom,  and  that  such 
case  or  coffin  contains  the  body  or  remains  of  but  one  person,  except 
where  infant  children,  of  the  same  parent  or  parents,  or  parent  and 
children  are  contained  in  such  case  or  coffin.  And  the  permit  shall 
contain  the  above  conditions  and  the  words  "  Permit  to  remove  and 

transport   the   body   of   ,   age   ,   sex  ,[  "  ]    and   the 

name,  age,  and  sex  shall  be  written  therein.  The  officer  of  the  muuici 
pal  government  of  the  city  or  town,  or  city  and  county,  granting  such 
permit,  shall  require  to  be  paid  for  each  permit  the  sum  of  ten  dol- 
lars, to  be  kept  as  a  separate  fund  by  the  treasurer,  and  which  shall 
be  used  in  defraying  expenses  of  and  in  respect  to  such  permits,  and 
for  the  inspection  of  the  metallic  cases,  coffins,  and  inclosing  boxes 
herein  required;  and  an  account  of  such  moneys  shall  be  embraced  in 
the  accounts  and  statements  of  the  treasurer  having  the  custody 
thereof. 

Misdemeanor.     Transportation  of  bodies,  etc. 

Sec.  3.  Any  person  or  persons  who  shall  disinter,  exhume,  or  re- 
move, or  cause  to  be  disinterred,  exhumed,  or  removed  from  a  grave, 
vault,  or  other  receptacle  or  burial-place,  the  body  or  remains  of  a 
deceased  person,  without  a  permit  therefor,  shall  be  guilty  of  a  mis- 
demeanor, and  be  punished  by  fine  not  less  than  fifty  nor  more  than 
five  hundred  dollars,  or  by  imprisonment  in  the  county  jail  for  not 
less  than  thirty  days,  nor  more  than  six  months,  or  by  both  such  fine 
and  imprisonment.  Nor  shall  it  be  lawful  to  receive  such  body, 
bones,  or  remains  on  any  vehicle,  car,  barge,  boat,  ship,  steamship, 
steamboat,  or  vessel,  for  transportation  in  or  from  this  state,  unless 
the  permit  to  transport  the  same  is  first  received,  and  is  retained  in 
evidence  by  the  owner,  driver,  agent,  superintendent,  or  master  of  the 
vehicle,  car,  or  vessel. 


PUBLIC    HEALTH.  2101 

Misdemeanor. 

Sec.  4.  Any  person  or  persons  who  shall  move  or  "transport,  or 
cause  to  be  moved  or  transported,  on  or  through  the  streets  or  high- 
ways of  any  city  or  town,  or  city  and  county,  of  this  state,  the  body 
or  remains  of  a  deceased  person,  which  shall  have  been  disinterred  or 
exhumed  without  a  permit,  as  described  in  section  two  of  this  act, 
shall  be  guilty  of  a  misdemeanor,  and  be  punishable  as  provided  in 
section  three  of  this  act. 

Reward  for  information. 

Sec.  5.  Any  person  wlio  shall  give  information  to  secure  the  con- 
viction of  any  person  or  persons  for  the  violation  of  the  provisions 
of  this  act,  shall  be  entitled  to  receive  the  sum  of  twenty-five  dollars, 
to  be  paid  from  the  fund  collected  from  fines  imposed  and  accruing 
under  this  act. 

Removal  of  remains  of  deceased  persons. 

See.  6.  Nothing  in  this  act  contained  shall  be  talcen  to  apply  to  the 
removal  of  the  remains  of  deceased  persons  from  one  place  of  inter- 
ment to  another  cemetery  or  place  of  interment  within  this  state; 
provided,  that  no  permit  shall  be  issued  for  the  disinterment  or  re- 
moval of  any  body  unless  such  body  has  been  buried  for  one  year  or 
more,  without  the  written  consent  of  the  mayor,  chairman  of  the 
board  of  supervisors,  or  city  council  of  any  municipality  of  the  state. 
[Amendment.  Approved  March  13,  1889;  Stats.  1889,  p.  139.  In 
effect  immediately.] 

Act  takes  effect  when. 

Sec.  7.  This  act  shall  take  effect  and  be  in  force  from  the  thirtieth 
day  after  its  passage  and  approval. 


2102 


SCHOOL  OF  INDUSTRY. 

Act   relating  to   commitments   to   school  of  industry:    See   post,   Appendix, 
tit.     "  School   of  Reform." 


An  Act  to  estailisJi  a  school  of  industry,  to  provide  for  the  maintenance 
and  management  of  the  same,  and  to  make  an  appropriation  therefor. 

[1.  Approved  March  11,  1889;  Stats.  1889,  p.  100.  2.  Amended  February  27, 
1893;  Stats.  1893,  p,  39.  3.  Amended  April  16,  1909;  Stats.  1909,  p. 
964.] 

§     1.  Preston  School  of  Industry. 

§     2.  Appropriation. 

§     3.  Government  vested   in  three   trustees.     Term  of  office. 

§    4.  To   procure   site. 

§     5.  Adoption  of  plans   for  grounds   and  buildings. 

§     6.  No  member  to  be  interested  in  contracts. 

§     7.  Construction   of   act. 

§     8.  Same. 

§    9.  Military  discipline.     Uniform. 

§  10.  Expenses  of  trustees  to  be  paid.      Superintendent's  salary.      Other  salaries. 

§  11.  Board   to   elect   officers. 

§  12.  Instruction. 

§  13.  Bond    of    superintendent.      Salary.      Appointments    by.      Duties. 

§  14.  To    investigate    workings    of    similar    institutions.      [Repealed.] 

§  15.  Commitments. 

§  16.  Approval  of  commitments. 

§  17.  Dismissals. 

§  18.  Paroles. 

§  19.  Incorrigible  boys,   return  of  to  court. 

§  20.  Transfer  to,   from   state   prison. 

§  21.  Aiding  escape. 

§  22.  Duties  of  trustees.      Contracts.      Security  and  bond  of  bidder. 

§  23.  Proclamation  of  governor. 

§  24.  Controller. 

§  25.  Effect  of  other  acts  in  conflict. 

§  26.  Sheriff's  fees. 

§  27.  Construction   of  act. 

§  28.  Act  takes  effect  vfhen. 

Effect  of  act.      See   note  at   end  of  this   statute. 

Preston  School  of  Industry. 

Section  1.     There  shall  be  established  at  or  within  a  convenient  dis- 
tance  from   lone   City,   in  the   county   of   Amador,   in   said   state,   an 


SCHOOL   OP   INDUSTRY.  2103 

educational   institution   to    be    designated   as   the    Preston   School   of 
Industry. 

Appropriation. 

Sec.  2.  The  sum  of  one  hundred  and  sixty  thousand  dollars  is  here- 
by appropriated  out  of  any  moneys  in  the  state  treasury  not  other- 
wise appropriated,  for  the  purpose  of  purchasing  and  preparing 
grounds  for  the  erection  of  buildings  thereon,  for  the  purchase  of  the 
necessary  furniture,  machinery,  and  supplies,  and  for  the  payment  of 
the  current  expenses  of  said  school. 

Government  vested  in  three  trustees.     Term  of  office. 

Sec.  3.  The  general  government  and  supervision  of  said  school  shall 
be  vested  in  a  board  of  trustees,  consisting  of  three  citizens  of  the 
state  of  California,  who  shall  be  appointed  by  the  governor.  The 
members  of  said  board  shall  hold  their  offices  for  the  respective  terms 
of  two,  three,  and  four  years,  from  the  first  day  of  July,  eighteen 
hundred  and  ninety-three,  and  until  their  successors  shall  be  appointed 
and  qualified,  said  respective  terms  to  be  designated  in  their  ap- 
pointments; and  thereafter,  upon  the  expiration  of  such  terms,  there 
shall  be  one  of  said  board  appointed,  whose  term  of  office  shall  be 
continued  four  years,  and  until  his  successor  is  appointed  and  quali- 
fied. Said  trustees,  before  entering  on  the  discharge  of  the  duties  of 
their  office,  shall  each  take  an  oath  faithfully  to  discharge  the  same. 
[Amendment.  Approved  February  27,  1893;  Stats.  1893,  p.  39.  In 
effect  July  1,  1893.] 

To  procure  site. 

Sec.  4.  The  board  shall,  with  all  convenient  dispatch,  select  and 
establish  a  site  at  some  suitable  place  in  said  county  for  said  institu- 
tion, and  procure  the  right  of  way  for  suitable  drainage;  said  site  to 
contain  not  less  than  one  hundred  acres  nor  more  than  three  hundred 
acres  of  land,  to  have  water  facilities  sufficient  for  the  uses  of  said 
school,  and  for  power  in  operating  machinery;  the  land  to  be  of  a 
quality  suitable  for  general  farming  purposes,  and  adapted  to  the  cul- 
tivation of  vines  and  fruit-trees.  The  land  so  set  apart  by  said 
purchase  shall  hereafter  be  used  exclusively  for  the  occupancy  and 
purposes  of  said  school.  It  shall  be  indicated  by  fixed  corners  and 
definite  boundaries.     A   description   thereof,   together  with   the   deed 


2104  APPENDIX. 

therefor,  shall  be  filed  with  the  secretary  of  state  at  his  office  within 
thirty  days  after  the  purchase  of  the  same. 

Adoption  of  plans  for  grounds  and  buildings. 

Sec.  5.  Thereafter  the  board  shall  cause  to  be  prepared  and  shall 
adopt  plans  for  the  grounds,  buildings,  and  fixtures  necessary  for  such 
an  institution,  of  such  form,  dimensions,  and  style  as  to  it  shall  seem 
best  adapted  to  the  purposes  thereof.  In  the  preparation  of  such 
plans,  and  in  the  construction  of  the  buildings,  it  may  employ  a  com- 
petent architect  at  a  reasonable  compensation. 

No  member  to  be  interested  in  contracts. 

Sec.  6.  No  member  of  the  board  or  employee  of  the  institution 
shall  be  interested  in  any  contract  or  enterprise  in  connection  with 
said  school.  [Amendment.  Approved  February  27,  1893;  Stats.  1893, 
p.  39.     In  effect  July  1,  1893.] 

Construction  of  act. 

Sec.  7.  This  act  shall  be  construed  as  the  sole  and  exclusive  act 
on  the  subject-matter  contained  herein,  unless  specially  or  otherwise 
herein  provided;  and  none  of  the  provisions  of  an  act  entitled  "An 
Act  to  regulate  constracts  on  behalf  of  the  state  in  relation  to  erec- 
tions of  buildings,"  approved  March  twenty-third,  eighteen  hundred 
and  seventy-six,  or  any  other  act,  unless  herein  specially  referred  to, 
shall  apply  to  or  govern  or  limit  this  act,  or  any  of  the  powers  or 
duties  in  this  act  conferred  upon  said  board. 


Sec.  8.  Nothing  in  this  act  contained  shall  be  so  construed  as  to 
permit  any  convict  or  convicts,  undergoing  sentence  in  either  of  the 
state  prisons  of  California,  to  associate  with  or  to  be  so  employed  as  to 
mingle  with  any  person  or  persons  undergoing  commitment  in  the  said 
school. 

Military  discipline.    Uniform. 

Sec.  9.  The  said  school  shall  be  conducted  on  such  plan  as  to  the 
board  may  seem  best  calculated  to  carry  out  the  intentions  of  this 
act,  and  its  inmates  shall  be  subject  to  military  discipline,  including 
daily  drill.     They  shall  be  clothed  in  military  uniform  of  such  pattern 


SCHOOL   OF    INDUSTRY.  2105 

and  material  as  may  be  prescribed  by  the  board,  but  under  no  cir- 
cumstances shall  such  inmates  be  clothed  in  convict  stripes  while  un- 
dergoing commitment  in  said  school.  [Amendment.  Approved 
February  27,  1893;  Stats.  1893,  p.  39.     In  effect  July  1,  1893.] 

Expenses  of  trustees  to  be  paid.     Superintendent's  salary.     Other  sal- 
aries. 

Sec.  10.  The  members  of  the  board  shall  receive  no  compcMisation 
for  their  services,  but  shall  be  allowed  their  reasonable  exiienses  in- 
curred while  in  the  discharge  of  their  official  duties.  The  superin- 
tendent shall  receive  a  salary,  to  be  fixed  by  the  board,  not  to  exceed 
three  thousand  dollars  per  annum.  The  military  instructor  shall  re- 
ceive a  salary,  to  be  fixed  by  the  board,  not  to  exceed  twelve  hundred 
dollars  per  annum.  The  secretary  and  commissary  shall  each  receive 
a  salary,  to  be  fixed  by  the  board,  not  to  exceed  fifteen  hundred  dol- 
lars per  annum.  The  salary  of  no  other  officer  or  employee  of  the 
school  shall  exceed  twelve  hundred  dollars  per  annum.  The  power 
of  the  board  to  fix  the  compensation  of  the  officers  and  employees,  as 
provided  in  section  twelve  of  this  act,  shall  be  subject  to  these  limita- 
tions. [Amendment.  Approved  February  27,  1893;  Stats.  1893,  p. 
39.     In  effect  July  1,  1893.] 

Board  to  elect  officers. 

Sec.  11.  The  board  shall  elect  a  superintendent,  a  military  instruc- 
tor, and  a  secretary.  The  superintendent  and  secretary  shall  give 
such  bonds  for  the  faithful  performance  of  their  duties  as  the  board 
shall  determine.  The  bond  of  the  superintendent  shall  be  for  a  sum 
of  not  less  than  ten  thousand  dollars,  and  that  of  the  secretary  of 
not  less  than  five  thousand  dollars.  The  military  instructor  must  be 
a  man  who  is  a  good  disciplinarian  and  skilled  in  military  tactics. 
He  shall  receive  from  the  governor  a  commission  with  the  rank  of 
major.  He  shall  perform  such  duties  and  receive  such  salary  as  the 
board  may  prescribe.  The  board  shall  meet  once  in  three  months 
for  the  transaction  of  business.  Special  meetings  may  be  called  by 
the  president  when  deemed  necessary. 

Instruction. 

Sec.  12.  The  board  shall  cause  to  be  organized  and  maintained  a 
department  of  instruction  for  the  inmates  of  said  school,  with  a  course 


2106  APPENDIX. 

of  study  corresponding  as  far  as  practicable  with  tlie  course  of  study 
in  the  public  schools  of  this  state,  but  the  course  shall  not  be  higher 
than  the  course  prescribed  in  grammar  schools.  They  shall  adopt  a 
system  of  government,  embracing  such  laws  and  regulations  as  are 
necessary  for  the  guidance  of  the  officers  and  employees,  for  the 
regulation  of  the  hours  of  study  and  labor,  for  the  preservation  of 
order,  for  the  enforcement  of  discipline  and  military  training,  for  the 
preservation  of  health,  and  for  the  industrial  training  of  the  inmates. 
The  ultimate  purpose  of  all  such  instruction,  discipline,  and  indus- 
tries shall  be  to  qualify  the  inmates  for  honorable  and  profitable 
employment  after  their  release  from  the  institution,  rather  than  to 
make  said  institution  self-sustaining.  The  board  shall  also  determine 
the  number  of  officers  and  employees  required,  and  shall  prescribe 
their  duties  and  fix  the  amount  of  their  compensation. 

Bond  of  superintendent.     Salary.    Appointments  by.     Duties. 

Sec.  13.  The  superintendent,  before  entering  upon  the  discharge  of 
his  duties,  shall  make  and  file  with  the  board  an  oath  that  he  will 
faithfully  and  impartially  discharge  the  duties  of  his  office.  There- 
upon he  shall,  subject  to  the  regulations  prescribed  by  the  board,  be 
invested  with  the  custody  of  the  lands,  buildings,  and  all  other  prop- 
erty belonging  to  and  under  the  control  of  the  said  institution.  He 
shall  receive  for  his  services  a  salary  not  exceeding  the  sum  of  three 
thousand  dollars  per  annum.  He  shall  appoint,  except  as  hereinbefore 
provided,  all  officers  and  employees  of  said  institution,  who  shall  hold 
office  during  his  pleasure.  He  shall  provide  a  book  in  which  shall  be 
registered  the  name,  residence,  occupation,  and  religious  creed  of  every 
boy  received  into  the  school;  the  date  of  his  reception,  and  the  date 
and  condition  of  his  discharge;  the  names,  residence,  and  occupation 
of  his  parents;  whether  the  boy  was  apprenticed  or  not,  and  if  so 
apprenticed,  the  name,  residence,  and  occupation  of  the  person  to 
whom  he  was  apprenticed.  He  shall  have  charge  of  all  persons  com- 
mitted to  the  institution  by  any  magistrate  or  court,  shall  use  his  best 
efforts  to  employ,  instruct,  discipline,  and  reform  all  such  persons 
under  his  charge,  and  shall  discharge  such  other  duties  as  the  said 
board  may  direct,  and  shall  at  all  times  be  subject  to  removal  by  the 
board  for  incapacity,  immorality,  negligence  of  duty,  or  cruelty  to  the 
inmates. 


SCHOOL   OF   INDUSTRY.  2107 

To  investigate  workings  of  similar  institutions. 

Sec.  14.  [Repealed  February  27,  1893;  Stats.  1893,  p.  40.  In  effect 
July  1,  1893.] 

Commitments. 

Sec.  15.  When  any  boy  under  the  age  of  eighteen  years  shall  be 
found  guilty,  by  a  magistrate  or  court  of  competent  jurisdiction,  of 
any  offense  punishable  by  fine,  or  by  imprisonment,  or  by  both,  and 
who,  in  the  opinion  of  such  magistrate  or  court  would  be  a  fit  subject 
for  commitment  to  the  said  school,  it  shall  be  lawful  for  the  magis- 
trate or  court  to  suspend  judgment  or  sentence  (except  when  the 
penalty  is  life  imprisonment  or  death),  and  to  commit  such  boy  to  the 
said  school  for  a  period  not  exceeding  the  time  when  he  shall  attain 
his  twenty-first  birthday,  unless  sooner  discharged  by  law,  or  as  in 
this  act  provided;  but  no  boy  who  is  under  the  age  of  eight  years, 
or  who  is  of  unsound  mind,  shall  be  committed  to  the  said  school. 
The  board  shall  have  authority  to  make  rules  reducing,  as  the  reward 
for  good  conduct,  the  time  for  which  such  person  or  persons  have  been 
committed.  It  shall  be  the  duty  of  all  courts  and  magistrates  com- 
mitting any  boy  to  such  school  to  certify  to  the  superintendent 
thereof  the  age  of  the  person  so  committed,  as  nearly  as  can  be  as- 
certained by  testimony  taken  under  oath  before  such  court  or  magis- 
trate, or  in  such  manner  as  the  court  or  magistrate  may  direct. 

Approval  of  commitments. 

Sec.  16.  Before  any  commitment,  made  by  a  police  court,  or  by  a 
justice  of  the  peace,  under  this  act,  shall  be  executed,  it  shall  be  ap- 
proved by  a  judge  of  the  superior  court  of  the  county  in  which  the 
police  court  or  justice  of  the  peace  has  jurisdiction,  and  his  approval 
indorsed  on  the  warrant  of  commitment.  But  if  such  sentence  shall 
be  disapproved,  the  police  court  or  justice  of  the  peace  shall  then 
impose  the  ordinary  sentence  prescribed  by  law. 

Dismissals. 

Sec.  17.  It  shall  be  lawful  for  the  board,  whenever  it  may  deem 
any  inmate  of  said  institution  to  have  been  so  far  reformed  as  to 
justify  his  discharge,  to  give  him  an  honorable  dismissal,  and  to  cause 
an  entry  of  the  reasons  for  such  dismissal  to  be  made  in  the  book  of 
records  prepared  for   that   purpose.     All   persons  thus   honorably   dis- 


2108  APPENDIX. 

missed,  and  all  those  who  shall  have  served  the  full  term  of  their 
respective  sentences,  shall  thereafter  be  released  from  all  penalties 
and  disabilities  resulting  from  the  offenses  or  crimes  for  which  they 
were  committed.  Upon  the  final  discharge  of  any  inmate  as  in  this 
section  provided,  the  superintendent  shall  immediately  certify  such 
discharge  in  writing,  and  shall  transmit  the  certificate  to  the  magis- 
trate or  court  by  which  such  inmate  or  boy  was  committed.  Said 
magistrate  or  court  shall  thereupon  dismiss  the  accusation  and  the 
action  pending  against  said  person. 

Paroles. 

Sec.  18.  There  shall  be  established  in  said  school  a  system  of  mark- 
ing and  grading  upon  merit  or  attainments  in  school  and  shop  and 
general  conduct,  by  which  the  boy  committed  under  this  act  may 
work  out  his  way  to  parole  and  honorable  discharge.  When  in  the 
opinion  of  the  superintendent  a  boy,  by  the  regulations  cstablishrd 
for  that  purpose,  has  earned  the  right  to  a  parole,  he  shall  cause  to  be 
obtained  a  reputable  home  or  place  of  employment  where  said  boy 
may  be  employed  and  earn  a  living  by  honorable  labor,  and  then  shall 
recommend  said  boy  to  the  board  for  parole,  and  if  the  board  is  sat- 
isfied that  it  is  for  the  welfare  of  such  boy  to  be  paroled,  it  shall 
grant  such  parole  under  such  condition  as  it  may  deem  best,  which 
shall  be  continued  until  such  boy  has  proved  his  ability  for  honorable 
self-support  when  he  shall,  upon  the  recommendation  of  the  superin- 
tendent, be  honorably  discharged.  Any  boy  who,  while  on  parole, 
violates  the  conditions  of  the  parole  may  be  returned  to  said  school. 
[Amendment.     Approved  April  16,  1909;  Stats.  1909,  p.  964.] 

Incorrigible  boys,  return  of  to  court. 

Sec.  19.  Any  boy  committed  to  said  school  who,  after  due  trial,  is 
found  to  be,  in  the  opinion  of  the  superintendent,  incapable  of  refor- 
mation or  so  morally  deficient  or  incorrigible  as  to  render  his  reten- 
tion detrimental  to  the  interests  of  said  school,  or  when  it  is 
ascertained  by  good  and  sufficient  evidence  that  said  boy  has  mis- 
represented his  age  to  the  court  who  sentenced  him,  or  has  been  pre- 
viously convicted  of  a  felony,  he  may  recommend  such  boy  to  the 
board  for  return  to  the  said  court,  and  if  the  board  is  satisfied  that 
it  is  for  the  best  interests  of  the  school  that  such  boy  be  returned,  it 


SCHOOL  OF   INDUSTRY.  2109 

shall  so  cause  him  to  be  returned  to  the  said  court,  and  it  shall  be 
lawful  for  said  court  to  annul  and  set  aside  the  previous  commit- 
ment to  said  Preston  School  of  Industry  and  resume  proceedings 
where  the  same  were  suspended  when  such  commitment  was  made. 
[Amendment.     Approved  April  16,  1909;  Stats.  1909,  p.  964.] 

Transfer  to,  from  state  prison. 

Sec.  20.  Any  boy  under  the  age  of  eighteen  years,  who  is  under- 
going sentence  in  any  state  prison  in  this  state  (except  such  as  are 
undergoing  a  life  sentence),  and  who  shall  be  deemed  a  fit  subject  for 
training  in  the  said  school,  may,  upon  recommendation  of  the  state 
board  of  prison  directors,  with  the  approval  of  the  governor,  be  trans- 
ferred to  said  school  for  the  unexpired  period  of  his  sentence,  and 
when  honorably  discharged  from  said  school,  as  hereinbefore  pro- 
vided, shall  be  entitled  to  such  benefits  and  immunities  as  are 
provided  for  the  other  inmates  of  the  institution. 

Aiding  escape. 

Sec.  21.  Any  person  who  knowingly  permits,  or  who  aids  any  boy 
to  escape  from  the  said  school,  or  who  knowingly  promotes  his  de- 
parture, or  conceals  him  with  the  intent  of  enabling  such  escaped  boy 
to  elude  pursuit,  shall  be  guilty  of  a  misdemeanor,  and  shall,  upon 
conviction,  be  punished  according  to  law.  Any  fugitive  from  said 
institution,  or  from  the  parties  to  whom  he  is  bound  out  or  appren- 
ticed, may  be  arrested  and  returned  to  the  institution  by  any  person 
upon  written  request  or  order  of  the  superintendent  directed  to  such 
person. 

Duties  of  trustees.     Contracts.     Security  and  bond  of  bidder. 

Sec.  22.  The  board  of  trustees  are  hereby  authorized  and  required 
to  contract  for  provisions,  clothing,  medicines,  forage,  fuel,  and  other 
staple  supplies  of  the  school  for  any  period  of  time  not  exceeding  one 
year,  and  such  contracts  shall  be  limited  to  bona  fide  dealers  in  the 
several  classes  of  articles  contracted  for.  Contracts  for  such  articles 
as  the  board  may  desire  to  contract  for  shall  be  given  to  the  lowest 
bidder  at  a  public  letting  thereof,  and  if  the  price  bid  is  a  fair  and 
reasonable  one,  and  not  greater  than  the  usual  market  value  and 
prices.     Each  bid  shall  be  accompanied  by  such  security  as  the  board 


2110  APPENDIX. 

may  require,  conditioned  upon  the  bidder  entering  into  a  contract 
upon  the  terms  of  his  bid,  on  notice  of  the  acceptance  thereof,  and 
furnishing  a  bond,  with  good  and  sufficient  sureties,  in  such  sum  as 
the  board  may  require,  and  to  their  satisfaction,  that  he  will  faith- 
fully perform  his  contract.  If  the  proper  officer  reject  any  article  as 
not  complying  with  the  contract,  or  if  a  bidder  fail  to  furnish  the 
articles  awarded  to  him  when  required,  the  proper  officer  of  the  school 
may  buy  other  articles  of  the  kind  rejected  or  called  for,  in  the  open 
market,  and  deduct  the  price  thereof  over  the  contract  price  from  the 
amount  due  to  the  bidder,  or  charge  the  same  up  against  him.  No- 
tice of  the  time,  place,  and  conditions,  of  the  letting  of  contracts  shall 
be  given  for  at  least  two  consecutive  weeks  in  one  newspaper  printed 
and  published  in  the  city  and  county  of  San  Francisco,  in  one  news- 
paper printed  and  published  in  the  city  of  Sacramento,  and  in  one 
newspaper  printed  and  published  in  the  county  of  Amador.  If  all 
bids  made  at  such  letting  are  deemed  unreasonably  high,  the  board 
may,  in  their  discretion,  decline  to  contract,  and  may  again  adver- 
tise for  such  time  and  in  such  papers  as  they  see  proper  for  pro- 
posals, and  may  so  continue  to  renew  the  advertisement  until 
satisfactory  contracts  are  made;  and  in  the  mean  time  the  board  may 
contract  with  any  one  whose  offer  is  regarded  just  and  equitable,  or 
may  purchase  in  the  open  market.  No  bid  shall  be  accepted,  nor  a 
contract  entered  into  in  pursuance  thereof,  when  such  bid  is  higher 
than  any  other  bid  at  the  same  letting  for  the  same  class  or  schedule 
of  articles,  quality  considered,  and  when,  a  contract  can  be  had  at 
such  lower  bid.  When  two  or  more  bids  for  the  same  article  or  arti- 
cles are  equal  in  amount,  the  board  may  select  the  one  which,  all 
things  considered,  may  by  them  be  thought  best  for  the  interest  of 
the  state,  or  they  may  divide  the  contract  between  the  bidders,  as  in 
their  judgment  may  seem  proper  and  right.  The  board  shall  have 
power  to  let  a  contract  in  the  aggregate,  or  they  may  segregate  the 
items  and  enter  into  a  contract  with  the  bidder  or  bidders  who  may 
bid  lowest  on  the  several  articles.  The  board  shall  have  the  power 
to  reject  the  bid  of  any  person  who  had  a  prior  contract,  and  who 
had  not  in  the  option  [opinion]  of  the  board  faithfully  complied  there- 
with. [Amendment.  Approved  February  27,  1893;  Stats.  1893,  p.  40. 
In  effect  July  1,  1893.] 


SCHOOL   OF   INDUSTRY.  2111 

Proclamation  by  governor. 

Sec.  23.  When  the  premises  are  ready  for  occupancy,  the  board 
shall  certify  suoh  fact  to  the  governor,  who  shall  make  due  proclama- 
tion thereof.  Thereafter  it  shall  be  lawful  for  any  competent  magis- 
trate or  court  to  commit  juvenile  offenders  to  the  institution,  aa 
herein  provided.  ., 

Controller. 

See.  24.  The  controller  of  state  is  hereby  authorized  and  di- 
rected, on  requisition  of  the  said  board,  to  draw  his  warrant  on  the 
state  treasurer  in  favor  of  said  board,  to  pay  for  the  necessary  ex- 
penditures in  the  establishment  and  maintenance  of  the  said  school, 
and  the  state  treasurer  is  authorized  to  pay  the  same  from  the  ap- 
propriations provided  for  in  this  act. 

Effect  of  other  acts  in  conflict. 

Sec.  25.  For  the  purpose  of  giving  practical  effect  to  the  provisions 
of  this  act,  all  laws  or  parts  of  laws  which  conflict  with  the  provis- 
ions hereof  are,  for  the  purposes  of  this  act  only,  suspended,  and 
hereby  made  inapplicable  to  any  boy  committed  to  and  in  the  custody 
of  said  school. 

Sheriff's  fees. 

Sec.  26.  In  all  proceedings  relating  to  commitments  under  this  act 
the  fees  and  compensation  of  the  sheriff  and  other  officers  of  the  court 
shall  be  such  as  are  allowed  by  law  for  like  proceedings  and  services 
in  criminal  cases. 

Construction  of  act. 

Sec.  27.  This  act  shall  be  construed  in  conformity  with  the  intent 
as  well  as  with  the  express  provisions  hereof,  and  shall  confer  upon 
the  board  authority  to  do  all  those  lawful  acts,  from  time  to  time, 
which  are  necessary  to  promote  the  prosperity  of  the  institution  and 
the  well-being  and  reformation  of  its  inmates,  including  the  organ- 
ization of  trade  schools,  the  purchase  and  use  of  fixed  and  movable 
machinery,  the  erection  of  necessary  buildings  for  machinery  and 
other  purposes,  the  improvement  and  management  of  a  farm,  orchard, 
and   garden,  the   purchase   of   necessary   supplies  for   the   institution, 


2112  APPENDIX. 

and  materials  for  manufacture,  and  performance  of  all  other  neces- 
sary and  lawful  acts,  not  otherwise  prohibited,  which  may  be  required 
to  comply  with  the  purposes  of  this  act;  but  nothing  herein  contained 
shall  be  so  construed  as  to  permit  said  board  to  incur  any  indebted- 
ness or  obligation  in  excess  of  the  appropriations  allowed  by  law  for 
the  establishment  and  maintenance  of  said  school. 

Act  taJses  effect  when. 

Sec.  28.     This  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 

Effect. of  Juvenile  Court  Law.  (See  this  act,  ante,  Appendix,  tit.  "Juve- 
nile Court  Law.")  Section  28  of  the  Juvenile  Court  Law  (Stats.  1909, 
p.  213)  stated  that  it  superseded  the  provisions  of  the  above  act  establish- 
ing the  Preston  School  of  Industry.  As,  however,  there  was  no  express  re- 
peal of  the  act,  and  as  it  was  amended  by  later  enactments  at  the  same 
session,  it  is  doubtful  if  the  Juvenile  Court  Law  had  such  an  effect.  The 
act  creating  the  Preston  School  of  Industry  is  therefore  printed  in  its  en- 
tirety. 


SCHOOL  OF  REFORM. 

An  Act  to  establish  a  school  for  the  discipline,  education,  employment, 
reformation,  and  protection  of  juvenile  delinquents,  in.  the  state  of 
California,  to  be  known  as  "  The  Whittier  State  School." 

Title  of  original  act.  The  title  of  the  original  act,  as  enacted  in  1889, 
read:  "An  Act  to  establish  a  state  reform  school  for  juvenile  offenders, 
and  to  make  an  appropriation  therefor."  It  was  amended  to  read  as  above 
by  Stats.  1893,  p.  328. 

[1.  Approved  March  11,  1889;  Stats.  1889,  p.  111.  2.  Amended  March  23, 
1893;  Stats.  1893,  p.  328.  3.  Amended  March  7,  1905;  Stats.  190.5,  p.  80. 
4.  Amended  February  7,  1907;  Stats.  1907,  p.  3.  5.  Amended  April  19, 
1909;    Stats.  1909,  p.  988.] 

Change    of    name. 

Board  of  trustees.     Terms  of  office.     Vacancy,  how  filled. 

Powers. 

Selection  of  site. 

To   adopt  plans. 

Trustee   or  employee  not   to  be   interested. 

Meetings  and  modes  of  transaction  of  business.  Furniture  and  appa- 
ratus.    Deficiencies. 

Annual  election  of  officers. 

Superintendent  and  other  officers. 


§ 

1. 

§ 

2. 

§ 

3. 

§ 

4. 

§ 

5. 

§ 

6. 

s 

7. 

§ 

8. 

§ 

9. 

SCIIOUL   UF   KEFOKM.  2113 

§  10.     Report  of  trustees. 
§  11.     Meetings. 
§  12.      Duty   of   superintendent. 
§  13.      Duty   of   treasurer. 
§  14.      Buildings   and   grounds. 

§  15.      Age  of  boys   and  girls   snlijeef  to   admission. 
§  16.     For  what  offenses  may  be   committed. 
§  16a.   Truant   children,    commitment   of. 

§  16b.   Dependent   and  delinquent   children   may   be   committed. 
§  16c.   Conditions   and   manner   of    cummitmeut. 
§  16d.    [Renumbered   §  20.] 
§  16e.    [Renumbered    §  20.] 

§  17.      Citation   to   custodian   of   child.     Warrant   for   arrest   of   parent   or   custo- 
dian.     Detention  of  child.     Term  of  commitment. 
§  18.      Discharge    of   child. 
§  19.     Right  to  parole. 

§  20.      Incorrigible   children   to   be   returned   to    court. 
§  21.     Private  examinations. 
§  22.     Record,  what  only  to  be  made. 

§  23.      Clothing,  money,   and  transportation   for  those  released. 
§  24.      Aiding   escapes.      Punishment    therefor. 
§  25.      Who    shall   execute   writ   of   commitment. 
§  26.     Auditing  by  board  of  trustees. 
§  27.      Boys   may  be   transferred   from   state    prison. 
§  28.      [Renumbered  §  25.] 

§  29.     When  inmate  m\ist   support  himself.      [Repealed.] 
§  30.      [Renumbered   §  26.] 
§  31.      [Added   section.      Renumbered    §  27.] 
§  31.     Act  takes  effect  when. 

Juvenile  Court  Law.     As  to   this  law,    see  note   at  end  of  this   statute. 

Change  of  name. 

Section  1.  There  shall  be  established  and  maintained  in  this  state, 
and  located  at  Whittier,  in  the  county  of  Los  Angeles,  an  institution 
for  the  discipline,  education,  employment,  reformation,  and  protection 
of  juvenile  delinquents  in  the  state  of  California,  to  be  known  as 
"The  Whittier  State  School;"  and  in  all  judicial,  official,  or  other 
proceedings,  and  in  all  contracts,  transfers,  or  other  instruments  in 
writing,  the  above  name  shall  be  deemed  a  sufficient  designation  of 
said  institution.  [Amendment.  Approved  March  23,  1893;  Stats. 
1893,  p.  328.] 

Board  of  trustees.     Terms  of  office.     Vacancy,  how  filled. 

Sec.  2.  The  general  supervision  and  government  of  said  institution 
shall  be  vested  in  a  board  of  trustees  consisting,  of  three  citizens  of 


2114  APPENDIX. 

the  state  of  California,  who  shall  be  appointed  by  the  governor  with 
the  advice  and  consent  of  the  senate.  The  members  of  said  board 
shall  hold  their  offices  for  the  respective  terms  of  two,  three,  and  four 
years  from  the  first  day  of  March,  eighteen  hundred  and  eighty-nine, 
and  until  their  successors  shall  be  appointed  and  qualified  said  re- 
spective terms  to  be  designated  in  their  appointments;  and  thereafter 
there  shall  be  one  of  said  board  appointed  in  the  same  manner  every 
two  years,  whose  term  of  office  shall  continue  four  years,  and  until 
his  successor  is  appointed  and  qualified.  If  a  vacancy  shall  occur  in 
said  board  by  expiration  of  the  term  of  any  such  trustee,  or  other- 
wise, when  the  senate  is  not  in  session,  the  governor  shall  fill  such 
vacancy  for  the  unexpired  term,  subject  to  the  approval  of  the  senate 
at  its  next  regular  session.  Said  trustees,  before  entering  on  the  dis- 
charge of  the  duties  of  their  office,  shall  each  take  an  oath  faithfully 
to  discharge  the  same. 

Powers. 

Sec.  3.  The  trustees  of  such  institution  shall  be  a  body  corporate 
and  politic  for  certain  purposes,  namely:  To  receive,  hold,  use,  and 
convey  or  disburse  moneys  or  other  property,  real  and  personal,  in 
the  name  of  said  corporation  but  in  trust  and  for  the  use  and  by  the 
authority  of  the  state  of  California,  and  to  control,  manage,  and 
direct  the  several  trusts  committed  to  them  respectively,  including  the 
organization,  government,  and  discipline  of  all  officers,  employees, 
and  other  inmates  of  said  institution,  with  power  to  make  contracts, 
to  sue  and  be  sued,  plead  and  be  impleaded,  to  have  and  to  use  a 
common  seal,  and  to  alter  the  same  at  pleasure,  and  to  exercise  all 
the  powers  usually  belonging  to  said  corporations  and  necessary  for 
the  successful  discharge  of  the  obligations  devolved  by  law  upon  said 
members  of  trust;  provided,  that  they  shall  not  have  power  to  bind 
the  state  by  any  contract  or  obligation  beyond  the  amount  of  appro- 
priations which  may  at  the  time  have  been  made  for  the  purposes 
expressed  in  the  contract  or  obligation,  nor  to  sell  or  convey  any 
part  of  the  real  estate  belonging  to  such  institution  without  the  con- 
sent of  the  legislature,  except  that  they  may  release  any  mortgage, 
or  convey  any  real  estate  which  may  he  held  by  them  as  security  for 
any  money  or  upon  any  trust,  the  terms  of  which  authorizes  such  con- 
veyance; and  provided  further,  that  the  legislature  shall  have  power 


SCHOOL   OP   REFORM.  2115 

at  any  time  to  amend,  alter,  revoke,  or  annul  the  grant  of  corporate 
powers  herein  contained. 

Selection  of  site. 

Sec.  4.  The  said  board  of  trustees  are  hereby  empowered  [invested] 
with  full  power  and  authority  to  select  a  site  for  the  permanent  loca- 
tion of  said  school  in  the  county  of  Los  Angeles.  Said  trustees  shall, 
within  thirty  days  after  their  appointment  and  qualification,  examine 
the  different  sites  offered  by  the  people  of  the  county  of  Los  Angeles 
for  the  location  of  the  said  school,  and  select  therefrom  a  suitable 
location  for  said  buildings;  and  the  site  selected  by  them  shall  be 
and  remain  the  permanent  site  for  said  school;  said  site  to  contain 
not  less  than  forty  nor  more  than  one  hundred  and  sixty  acres,  giving 
preference,  other  things  being  equal,  to  a  location  central  and  easy 
of  access  from  all  parts  of  the  county  or  state;  provided,  that  no 
buildings  shall  be  commenced  or  erected  in  said  county  of  Los  Angeles 
until  a  deed  in  fee-simple  of  the  land  selected  by  the  said  board  of 
trustees  shall  be  made  to  the  state,  and  recorded  in  the  records  of 
the  county  recorder  of  said  Los  Angeles  County,  and  said  deed  de- 
posited in  the  office  of  the  secretary  of  state.  [Amendment.  Ap- 
proved March  23,  1893;  Stats.  1^93,  p.  328.] 

To  adopt  plans. 

Sec.  5.  The  said  board  of  trustees  shall  prepare  and  adopt  plans 
for  the  grounds,  buildings,  and  fixtures  necessary  and  proper  for 
such  an  institution,  not  in  their  judgment  to  exceed  in  cost  the 
amount  of  money  hereinafter  appropriated,  but  if  practicable  of  such 
description  that  other  buildings  can  be  added  to  or  enlarged  without 
injury  to  their  symmetry  or  usefulness;  and  may  let  or  make  all 
necessary  contracts,  with  the  approval  of  the  governor,  for  the  con- 
struction of  such  buildings  and  fixtures  and  the  improvement  of  the 
grounds  according  to  such  plans.  Said  board  of  trustees  shall  use  all 
practicable  diligence  in  the  commencement  and  completion  of  said 
buildings  and  fixtures,  and  the  improvement  of  the  grounds,  accord- 
ing to  such  plans. 

Trustee  or  employee  not  to  be  interested. 

Sec.  6.  No  trustee  or  employee  of  such  institution  shall  T)o  por- 
sonally,   directly   or  indirectly,   interested   in   any   contract,  purcliase. 


2116  APPENDIX. 

or  sale  made,  or  any  business  carried  on  in  behalf  of  or  for  said 
institution.  All  contracts,  purchases,  or  sales  made  in  violation  of 
this  section  shall  be  held  and  declared  null  and  void,  and  all  moneys 
paid  to  such  trustee,  employee,  or  any  other  person  for  his  benefit, 
in  whole  or  in  part,  in  consideration  of  such  purchases,  contracts,  or 
sales  made,  may  be  recovered  back  by  civil  suit,  to  be  instituted  in 
the  name  of  the  state  of  California,  against  such  trustee,  employee, 
or  person  acting  in  his  behalf;  and  in  addition  it  is  hereby  made  the 
duty  of  the  governor  and  the  board  of  trustees,  as  the  case  may  be, 
upon  proof  satisfactory  of  the  fact  of  such  interest,  to  immediately 
remove  the  trustee  or  employee  delinquent  as  aforesaid,  and  to  report 
the  facts  to  the  attorney-general,  who  shall  take  such  legal  steps  in 
the  premises  as  he  shall  deem  expedient. 

Meetings  and  mode  of  transaction  of  business.     Furniture   and  ap- 
paratus.    Deficiencies. 

Sec.  7.  The  board  shall  make  all  needful  rules  and  regulations 
concerning  their  meetings  and  the  modes  of  transacting  their  busi- 
ness; shall  take  charge  of  said  institution  to  see  that  its  affairs  are 
properly  conducted,  that  strict  discipline  is  maintained,  and  that 
suitable  employment  and  education  are  provided  for  its  inmates. 
They  are  authorized  to  make  contracts  for  the  purchase  of  furniture, 
apparatus,  tools,  stock,  provisions,  and  everything  necessary  to  equip 
the  institution  for  the  purposes  herein  specified,  and  to  maintain 
and  operate  the  same;  provided,  said  board  shall  incur  no  expense 
nor  contract  any  debt  beyond  appropriations  made  or  donations  given 
for  the  said  school,  and  then  only  in  such  manner  as  may  be  pre- 
scribed by  the  act  of  appropriation  or  the  instrument  of  donation. 
[Amendment.     Approved  March  23,  1893;  Stats.  1893,  p.  329.] 

Annual  election  of  ofRcers. 

Sec.  8.  The  board  shall  annually  elect  from  their  own  number  a 
president  and  a  vice-president,  whose  term  of  office  shall  be  for  one 
year,  and  until  their  successors  shall  be  duly  appointed  and  qualified. 
They  shall  also  elect  a  treasurer,  not  one  of  their  own  number,  whose 
term  of  office  shall  be  for  two  years,  and  until  his  successor  shall  be 
duly  elected  and  qualified,  who  shall  be  at  all  times  subject  to  rC' 


SCHOOL   OP    REFORM.  2117 

moral  by  tho  board  for  goncl  cause.     [Amendment.     Approved  March 
23,  1893;  Stats.  1893,  p.  329.] 

Superintendent  and  other  officers. 

Sec.  9.  The  board  shall  appoint  a  superintendent  of  said  school, 
not  of  their  own  number,  whose  salary  shall  be  fixed  by  said  board, 
not  to  exceed  three  thousand  six  hundred  dollars  per  annum,  and  shall 
also  appoint  such  other  officers  and  such  assistants  as  the  wants  of 
the  institution  may  from  time  to  time  require,  and  shall  prescribe 
their  duties  and  fix  their  salaries,  as  may  be  reasonable.  [Amend- 
ment.    Approved  March  23,  1893;  Stats.  1893,  p.  329.] 

Report  of  trustees. 

See.  10.  Said  board  of  trustees  shall,  on  or  before  the  first  day  of 
December  every  two  years,  make  to  the  governor  a  full  and  detailed 
report  of  their  doings  as  such  trustees,  and  of  the  expense  of  said 
institution,  with  such  other  information  relating  thereto  as  they  may 
think  interesting  or  useful  to  the  state;  which  report  shall  be  com- 
municated by  the  governor  to  the  next  succeeding  session  of  the  state 
legislature.  Said  trustees  shall  receive  no  salary  for  their  services  as 
such  from  the  state,  but  shall  be  allowed  all  necessary  expenses  in- 
curred in  the  discharge  of  their  duties. 

Meetings. 

Sec.  11.  The  board  of  trustees  shall  have  a  regular  meeting  once 
every  three  months,  at  such  time  and  place  as  they  may  direct;  special 
meetings  may  be  called  by  the  president  of  said  board  in  all  cases 
where  it  becomes  necessary  for  such  a  meeting. 

Duty  of  superintendent. 

Sec.  12.  The  superintendent  before  entering  upon  the  duties  of  his 
office  shall  take  an  oath  faithfully  to  discharge  the  same  and  execute 
a  bond  with  sureties  to  be  approved  by  the  board,  in  a  sum  to  be 
fixed  by  the  board,  conditioned  for  the  faithful  performance  of  all 
his  duties  as  such  superintendent.  He  shall  be  a  resident  at  the  insti- 
tution, and  shall  be  ex  officio  the  secretary  of  the  board,  taking 
charge  of  all  books  and  papers.     He  shall  have  charge  of  the  land, 


2118  APPENDIX. 

buildings,  furniture,  apparatus,  tools,  stock,  provisions,  and  every 
other  gpecies  of  property  belonging  to  the  institution,  subject  to  the 
direction  and  control  of  said  board,  and  shall  account  to  the  board 
in  such  manner  as  they  may  require  for  all  property  intrusted  to  him, 
and  all  moneys  received  by  him  from  whatever  source  shall  be  depos- 
ited with  the  treasurer.  His  books  shall  at  all  times  be  open  to  the 
inspection  of  the  board,  who  shall  at  least  once  in  every  three  months 
carefully  examine  the  same  and  all  accounts,  vouchers,  documents  con- 
nected therewith,  and  make  a  report  of  the  result  of  such  examina- 
tion in  a  book  provided  for  the  purpose.  He  shall  have  charge  of  the 
inmates  of  said  institution;  he  shall  discipline,  govern,  instruct,  em- 
ploy, and  use  his  best  efforts  to  reform  the  children  and  youth  under 
his  care,  and  shall  at  all  times  be  subject  to  removal  by  the  board  for 
incapacity,  cruelty,  negligence,  immorality,  or  any  other  good  cause. 

Duty  of  treasurer. 

Sec.  13.  The  treasurer  before  entering  upon  the  duties  of  his  ofl&ce 
shall  take  an  oath  faithfully  to  discharge  the  same,  and  shall  execute 
a  bond  to  the  people  of  California  with  sureties  to  be  approved  by 
said  board  in  at  least  double  the  sum  of  money  for  which  he  may  be 
responsible  as  treasurer,  conditioned  for  the  faithful  performance  of 
all  his  duties  as  such  treasurer;  he  shall  take  charge  of  all  the  funds 
of  the  institution,  receiving  the  same  and  disbursing  them  on  the 
written  order  of  the  superintendent,  and  shall  account  to  the  board 
in  such  a  manner  as  they  may  require  for  all  funds  intrusted  to  him 
from  whatever  source.  His  books  shall  at  all  times  be  open  to  the 
inspection  of  the  board  and  superintendent,  who  shall  at  least  once 
in  every  six  months  carefully  examine  the  same  and  all  the  accounts, 
vouchers,  and  documents  connected  therewith,  and  make  a  report  of 
the  result  of  such  examinations.  Such  treasurer  must  be  a  citizen 
of  Los  Angeles  County,  and  shall  receive  for  his  services  a  salary 
of  six  hundred  dollars  per  annum. 

Buildings  and  grounds. 

Sec.  14.  Said  board  of  trustees  shall  arrange  the  building  or  build- 
ings to  be  used  for  said  school,  and  the  grounds  about  the  same,  so 
that  a  portion  thereof  may  be  used  for  the  proper  confinement,  care, 
and  education   of  the   male   inmates,   and   the   remaining   portion   for 


SCHOOL  OF  REFORM.  2119 

the  proper  confinement,  care,  and  education  of  the  female  inmates, 
and  to  the  absclute  exclusion  of  all  communication  of  any  kind  or 
character  between  the  sexes.  [Amendment.  Approved  March  23, 
1893;  Stats.  J893,  p.  329.] 

Age  of  boys  and  girls  subject  to  admission. 

Sec.  15.  Whenever  said  institution  shall  have  been  so  far  com- 
pleted as  to  properly  admit  of  the  reception  of  inmates  therein,  the 
governor  shall  make  due  proclamation  of  the  fact,  and  thereafter  it 
shall  be  lawful  for  said  board  of  trustees  to  receive  into  its  care  and 
guardianship,  boys  between  the  ages  of  eight  and  nineteen  years,  and 
girls  between  the  ages  of  eight  and  eighteen  years,  committed  to  its 
custody,  as  hereinafter  provided.  [Amendment.  Approved  April  19, 
1909;  Stats.  1909,  p.  988.] 

Legislation  §15.  1.  Enacted  March  11,  1889;  Stats.  1889,  p.  115.  2. 
Amended  March  23,  1893;  Stats.  1893,  p.  329.  3.  Amended  April  19, 
1909,  p.  988. 

For  what  offenses  may  be  committed. 

Sec.  16.  When  any  boy  between  the  ages  of  eight  and  nineteen 
years,  or  any  girl  between  the  ages  of  eight  and  eighteen  years,  shall 
be  found  guilty  of  any  offense  punishable  by  fine  or  imprisonment,  or 
by  both,  in  any  court  of  competent  jurisdiction  in  the  state,  and 
who,  in  the  opinion  of  the  judge  thereof,  would  be  a  fit  subject  for 
training  in  said  school,  it  shall  be  lawful  for  such  judge  to  suspend 
judgment  or  sentence,  except  when  the  penalty  is  life  imprisonment 
or  death,  and  commit  such  boy  or  girl  to  the  custody  and  guardian- 
ship of  said  school  until  he  or  she  shall  become  twenty-one  years  of 
age.     [Amendment.     Approved  April  19,  1909;  Stats.  1909,  p.  988.] 

Legislation  816.  1.  Enacted  March  11,  1889;  Stats.  1889,  p.  115.  2. 
Amended  March  23,  1893;  Stats.  1893,  p.  330.  3.  Amended  March  7, 
1905;    Stats.   1905,  p.  80.      4.  Amended  April  19,  1909;   Stats.  1909,  p.  988. 

Truant  children,  commitment  of. 

Sec.  16a.  Any  child  between  the  ages  of  eight  and  fourteen  years 
who  willfully  and  habitually  absents  himself  or  herself  from  school 
contrary  to  the  provisions  of  an  act  entitled  "An  Act  to  enforce  the 
educational  rights  of  children  and  providing  penalties  for  violation 
of  the  act,"  approved  March  24th,  1903,  and  as  amended  by  an  act 


2120  APPENDIX. 

approved  March  20th,  1905,  and  as  further  amended  by  an  act  ap- 
proved March  4th,  1907,  may  be  committed  to  the  custody  and 
guardianship  of  said  school  by  any  superior  court  judge  on  the  com- 
plaint of  any  peace-officer,  teacher,  parent,  guardian  or  other  person, 
under  the  same  conditions  and  in  the  same  manner  as  is  provided  in 
section  16  of  this.  act.  [Amendment.  Approved  April  19,  1909;  Stats. 
1909,  p.  988.] 

Legislation    §  16a.      1.  Added    March    7,     1905;     Stats.     1905,    p.     81.     2. 
Amended  April  19,   1909;    Stats.  1909,  p.   988. 

Dependent  and  delinquent  children  may  be  committed. 

Bee.  16b.  Any  child  who  comes  under  the  provision  of  an  act  enti- 
tled an  act  defining  and  providing  for  the  control,  protection  and 
treatment  of  dependent  and  delinquent  children;  prescribing  the 
powers  and  duties  of  courts  with  respect  thereto;  providing  for  the 
appointment  of  probation  officers,  and  prescribing  their  duties  and 
powers;  providing  for  the  separation  of  children  from  adults  when 
confined  in  jails  or  other  institutions;  providing  for  the  appointment 
of  boards  to  investigate  the  qualifications  of  organizations  receiving 
children  under  this  act  and  prescribing  the  duties  of  such  boards; 
and  providing  what  proceedings  under  this  act  shall  be  admissible 
in  evidence,  approved  February  26th,  1903,  may  be  committed  to  the 
Whittier  State  School  by  any  superior  judge  under  the  same  condi- 
tions and  in  the  same  manner  as  provided  in  section  sixteen  of  this 
act.     [Added  March  7,  1905;  Stats.  1905,  p.  81.] 

Legislation  §  16b.     The  original   §  16b  was  added  by  Stats.   1893,  p.   330; 

renumbered  §  16c  by  Stats.  1905,  p.  82,  when  the  present   §  16b  was  added; 

§  16c  amended  by  Stats.  1909,  p.  990,  and  renumbered   §  18,   q.v.,  post. 

Conditions  and  manner  of  commitment. 

Sec.  16c.  Any  judge  of  any  superior  court  of  this  state  may  com- 
mit any  boy  between  the  ages  of  eight  and  nineteen  years,  or  girl 
between  the  ages  of  eight  and  eighteen  years  to  the  custody  and 
guardianship  of  the  said  school  on  the  conditions  and  in  the  manner 
following: 

1.  On  the  complaint  in  writing  filed  and  due  proof  thereof  made, 
by  the  parent  or  guardian  of  said  boy  or  girl,  showing  that  by  reason 
of  the  incorrigible  or  vicious  conduct  of  such  boy  or  girl,  he  or  she 
is  beyond  the  control  and  power  of  such  parent  or  guardian. 


SCHOOL   OF   REFORM.  2121 

2.  On  complaint  in  writing  filed  and  due  proof  thereof  made,  show- 
ing that  such  boy  or  girl  is  a  proper  subject  for  the  care  and  guar- 
dianship of  said  school,  by  reason  of  vagrancy  or  incorrigible  or  vicious 
conduct;  or  in  cases  where,  from  moral  depravity  or  otherwise,  the 
parent  or  guardian  having  control  of  such  boy  or  girl  is  incapable  of 
exercising,  or  unwilling  to  exercise,  the  proper  care  or  discipline  over 
such  boy  or  girl,  and  in  cases  where  such  boy  or  girl  has  no  parent, 
guardian  or  other  protector. 

3.  On  complaint  in  writing  filed  and  due  proof  thereof  made  by 
the  mother,  or  guardian  when  the  father  is  dead,  or  has  abandoned 
his  family,  or  is  an  habitual  drunkard,  or  does  not  support  his  family, 
and  it  appears  that  such  boy  or  girl  is  destitute  of  a  home  and  ade- 
quate means  of  obtaining  an  honest  living  and  is  in  danger  of  being 
brought  up  to  lead  an  idle  or  immoral  life.  [Amended  and  renum- 
bered.    Approved  April  19,  1909;  Stats.  1909,  p.  989.] 

Legislation  §  16c.  1.  Added  as  §20,  March  23,  1893;  Stats.  1893,  p. 
332.  2.  Amended  and  renumbered  §  16c,  April  19,  1909;  Stats.  1909,  p.  989. 
The  original  §  16c  was  added  by  Stats.  1893,  p.  332;  renumbered  §  16d  by 
Stats.  1905,  p.  82;  §  16d  amended  and  renumbered  §19  by  Stats.  1909, 
p.   990,    q.v.,   post. 

Sec.  16d.     [Renumbered  section.] 

Legislation  §  16d.  1.  Added  by  Stats.  1893,  p.  331.  2.  Amended  and 
renuml)eied  §  16e  by  Stats.  1905,  p.  82.  3.  §  16e  amended  and  renum- 
bered  §  20  by   Stats.   1909,  p.   991,   q.v.,   post. 

Sec.  16e.     [Renumbered  section.] 

Legislation  §  16c.      See  supra.  Legislation  §  16d,  and  post.  Legislation  §  20. 

Citation   to   custodian    of   child.     Warrant   for    arrest   of   parent   or 
custodian.    Detention  of  child.     Term  of  commitment. 

Sec.  17.  In  all  cases  where  complaint  is  made  by  another  than  the 
parent  or  guardian  having  the  custody  of  said  boy  or  girl,  a  citation 
shall  issue  requiring  the  person  having  custody  or  control  of  said 
boy  or  girl,  or  with  whom  the  said  boy  or  girl  may  be,  to  appear  with 
him  or  her  at  a  place  and  time  stated  in  the  citation.  Service  of 
such  citation  must  be  made  at  least  twenty-four  hours  before  the 
time  stated  therein.  The  parents  or  guardian  of  the  boy  or  girl,  if 
residing  in  the  county  in  which  the  court  sits,  and  if  their  places  of 
residence  be  known  to   the   petitioner,  or  if  there  be  neither  parent 


2122  APPENDIX. 

or  guardian  so  residing,  or  if  their  places  of  residence  be  not  known 
to  petitioner,  then  some  relative  of  the  boy  or  girl,  if  there  be  any- 
residing  in  said  county,  and  if  his  residence  and  relationship  to  such 
boy  or  girl  be  known  to  petitioner,  shall  be  notified  of  the  proceed- 
ings by  service  of  citation  requiring  them  to  appear  at  the  time  and 
place  to  be  stated  in  such  citation.  In  any  case  the  judge  may  ap- 
point some  suitable  person  to  act  in  behalf  of  the  boy  or  girl,  and 
may  order  such  further  notice  of  the  proceeding  to  be  given  as  he 
may  deem  proper.  If  any  person,  cited  as  herein  provided,  shall  fail, 
without  reasonable  cause,  to  appear  and  abide  by  the  order  of  the 
court,  or  to  bring  the  boy  or  girl,  if  so  required  in  the  citation,  such 
failure  shall  constitute  a  contempt  of  said  court  and  may  be  pun- 
ished as  provided  for  in  cases  of  contempt  of  court.  In  case  any 
such  citation  cannot  be  served,  or  the  party  served  fails  to  observe 
the  same,  and  in  any  case  in  which  it  shall  be  made  to  appear  to  the 
court  that  such  citation  shall  be  ineffectual,  a  warrant  of  arrest  may 
issue  on  the  order  of  the  court,  either  against  the  parent  or  guardian, 
or  the  person  having  the  custody  of  the  boy  or  girl,  or  with  whom 
he  or  she  may  be,  or  against  the  boy  or  girl,  or  any  of  said  persons; 
or  if  there  be  no  person  to  be  served  with  citation  as  above  provided, 
a  warrant  of  arrest  may  be  issued  against  the  boy  or  girl  imme- 
diately. On  the  return  of  the  citation  or  other  process,  or  as  soon 
thereafter  as  may  be,  the  court  shall  proceed  to  hear  and  dispose  of 
the  case  in  a  summary  manner.  Until  the  final  disposition  of  any 
case,  the  boy  or  girl  may  be  retained  in  the  possession  of  the  person 
having  charge  of  the  same,  or  may  be  kept,  upon  the  order  of  the 
court,  in  some  suitable  place,  provided  by  the  county,  or  city  and 
county,  or  may  be  held  otherwise,  as  the  court  may  direct.  In  all 
eases  of  commitment  to  said  school  the  same  shall  be  until  said  boy 
or  girl  is  twenty-one  years  of  age,  and  it  shall  be  the  duty  of  the 
court  committing  such  boy  or  girl  to  such  school  to  certify  to  the 
superintendent  thereof,  the  date  of  birth  or  age  of  such  boy  or  girl 
so  committed,  as  nearly  as  the  same  can  be  ascertained  by  testimony 
taken  under  oath  either  before  the  court  or  in  such  manner  as  he 
may  direct.     [Added  April  19,  1909;  Stats.  1909,  p.  989.] 

Legislation  g  17.     The  original   §  17  was  enacted   March   11,    1889    (Stats. 

1889,   p.    115);    amended  by   Stats.    1893,   p.    332;    amended  by   Stats.   1905, 

p.  82;  repealed  by  Stats.   1909,  p.  991, 


SCHOOL   OP    REFORM.  2123 

Discharge  of  child. 

Sec.  18.  It  shall  be  lawful  for  the  board  whenever  it  may  deem 
any  inmate  of  said  institution  to  have  been  so  far  reformed  as  to 
justify  his  discharge,  to  give  him  an  lionorable  dismissal  and  to 
cause  an  entry  of  the  reasons  for  such  dismissal  to  be  made  in  the 
book  of  records  prepared  for  that  purpose.  All  persons  thus  honor- 
ably dismissed  and  all  those  who  have  attained  the  age  of  twenty- 
one  years  shall  thereafter  be  released  from  all  penalties  and  dis- 
abilities resulting  from  the  offenses  or  crimes  for  which  they  were 
committed.  Upon  the  final  discharge  of  any  inmate  as  in  this  sec- 
tion provided,  the  superintendent  shall  immediately  certify  such  dis- 
charge in  writing  and  shall  transmit  the  certificate  to  the  court  by 
which  such  inmate  was  committed.  Said  court,  thereupon,  shall  dis- 
miss the  accusation  and  the  action  pending  against  said  person. 
[Amended  and  renumbered.  Approved  April  19,  1909;  Stats.  1909, 
p.  990.] 

Legislation    §18.      1.  Added    as    §  1Gb.    March    23,    1893;    Stats.    1893,    p. 

332.      2.    §  16b    renumbered    §  16c,    March    7,    1905;    Stats.    1905,    p.    82;      3. 

§  16c    amended    and    renumbered    §18,    April    19,    1909;    Stats.    1909,    p.    990. 

The    original    §18    was    enacted    March    11,    1889     (Stats.    1889,    p.    116); 

amended  by   Stats.    1893,   p.   332;    amended  by   Stats.   1905,   p.   82;   repealed 

by  Stats.   1909,  p.  991. 

Right  to  parole. 

Sec.  19.  There  shall  be  established  in  said  school  a  system  of 
marking  and  grading  upon  merit  or  attainments  in  school  and  shop 
and  general  conduct,  by  which  the  boy  or  girl  committed  under  this 
act  may  work  out  his  or  her  way  to  parole  and  honorable  discharge. 
"When  in  the  opinion  of  the  superintendent  a  boy  or  girl,  by  the 
regulations  established  for  that  purpose,  has  earned  a  right  to  a 
parole,  he  shall  cause  to  be  obtained  a  reputable  home  or  place  of 
employment  where  said  boy  or  girl  may  be  employed  and  earn  a  liv- 
ing by  honorable  labor,  and  then  shall  recommend  said  boy  or  girl 
to  the  board  for  parole,  and  if  the  board  is  satisfied  that  it  is  for 
the  welfare  of  such  boy  or  girl  to  be  paroled,  it  shall  grant  such 
parole  under  such  conditions  as  it  may  deem  best,  which  shall  be 
continued  until  such  boy  or  girl  has  proved  his  or  her  ability  for 
honorable  self-support,  when  he  or  she  shall,  upon  the  recommenda- 
tion   of    the    superintendent,   be    honorably    discharged.     Any   boy   or 


2124  APPENDIX. 

girl  who,  while  on  parole,  violates  any  of  the  conditions  of  the  parole 
may  be  returned  to  said  school.  [Amended  and  renumbered.  Ap- 
proved April   19,  1909;   Stats.   1909,  p.  990.] 

Legislation    §19.      1.   Added    as    §  16c,    March    23,    1893;    Stats.    1893,    p. 

331.      2.    §  16c     renumbered     §  16d,     March     7,     1905;    Stats.     1905,     p.     82. 

3.    §  16d  amended  and  renumbered   §  19,  April   19,   1909;   Stats.  1909,  p.  990. 

For  the   original    §  19,   see   post,    §  21. 

Incorrigible  children  to  be  returned  to  court. 

Sec.  20.  Any  boy  or  girl  committed  to  said  school  who,  after  due 
trial,  is  found  to  be,  in  the  opinion  of  the  superintendent,  incapable 
of  reformation,  or  so  morally  deficient  or  incorrigible  as  to  render 
his  or  her  retention  detrimental  to  the  interests  of  said  school,  or 
when  it  is  ascertained  by  good  and  sufficient  evidence,  that  said  boy 
or  girl  has  misrepresented  his  or  her  age  to  the  court  who  sentenced 
him  or  her,  or  has  been  previously  convicted  of  a  felony,  he  may 
recommend  such  boy  or  girl  to  the  board  of  trustees  for  return  to  the 
said  court  and  if  the  said  board  is  satisfied  that  it  is  for  the  best 
interests  of  the  school  that  such  boy  or  girl  be  returned,  it  shall  so 
cause  him  or  her  to  be  returned  to  said  court,  and  it  shall  be  lawful 
for  said  court  to  annul  and  set  aside  the  previous  commitment  to  the 
said  Whittier  State  School  and  resume  proceedings  where  the  same 
were  suspended  when  such  commitment  was  made.  [Amended  and 
renumbered.     Approved   April   19,   1909;   Stats.   1909,   p.   991.] 

Legislation    §20.      1.   Added    as    §  16d,    March    23,    1893;    Stats.    1893,    p. 

331.      2.    §  16d  amended  and  renumbered   §  16e,   March   7,    1905;    Stats.   1905, 

p.     82.      3.    §  16e    amended    and    renumbered     §20,     April     19,     1909;     Stats. 

1909,   p.   991.      For   original    §  20,    see   ante,    §  16c. 

Private  examinations. 

Sec.  21.  All  minors  between  the  ages  of  eight  and  eighteen  years 
who  may  be  accused  of  any  offense  under  this  act  shall,  with  a  view 
to  the  question  whether  they  ought  to  be  committed  to  said  school, 
be  entitled  to  a  private  examination  before  the  court,  to  which  only 
the  parties  to  the  case  and  the  parent  or  guardian  of  the  accused 
and  such  officers  of  the  court  as  he  may  direct,  and  such  attorneys 
as  may  be  engaged  in  the  hearing,  shall  be  admitted,  unless  one  of 
the  parents,  the  guardian  or  other  legal  representative  of  the  minor 
demands  a  public  trial;  in  such  cases  the  proceedings  shall  be  in  the 


SCHOOL   OF   REFORM.  2125 

usual  manner.     [Amended  and  renumbered.     Approved  April  19,  1909; 

Stats.  1909,  p.  991.] 

Legislation  §21.  1.  Enacted  as  §19,  March  11,  1889;  Stats.  1889,  p. 
116.  2.  §19  amended  March  23,  1893;  Stats.  1893,  p.  333.  3.  §19 
amended  and  renumbered  §  21,  April  19,  1909;  Stats.  1909,  p.  991.  The 
original  §21  was  enacted  March  11,  1889  (Stats.  1889,  p.  117);  amended 
by  Stats.  1893,  p.  333;  repealed  by  Stats.  1909,  p.  992. 

Record,  what  only  to  be  made. 

Sec.  22.  In  all  cases  where  the  commitment  is  executed  by  the 
official  person,  whose  proceedings  are  usually  evidenced  by  the  record, 
or  where  the  occasion  of  the  commitment  is  a  criminal  charge  or  con- 
viction against  the  infant,  no  other  record  shall  be  made  (unless 
demanded  by  the  infant,  his  parent,  or  guardian)  than  that,  in  sub- 
stance, such  infant   (naming  him),  who  on  a  day  therein  named  was 

of  the  age  of  j'ears,  having  been  brought  before  said  court,  or 

officer,  and  it  having  been  ascertained  by  the  testimony  of  the  wit- 
nesses that  such  infant  was  a  suitable  person  to  be  committed  to  the 
instruction  and  discipline  of  such  institution,  and  in  case  of  convic- 
tion for  crime  (naming  the  offense),  therefore  such  infant  was  or- 
dered to  be  committed  to  said  institution. 

Clothing,  money,  and  transportation  for  those  released. 

Sec.  23.  Upon  the  discharge  of  any  person  committed  to  said 
school,  the  superintendent  thereof,  under  such  regulations  and  restric- 
tions as  the  said  board  of  trustees  maj^  prescribe,  may  provide  such 
person  with  suitable  clothing  and  five  dollars  in  money,  and  procure 
transportation  for  such  person  to  his  or  her  home,  if  resident  in  this 
state,  or  to  the  county  to  [in]  which  he  or  she  may  have  been  com- 
mitted, [convicted,]  at  his  or  her  option.  [Amendment.  Approved 
March  23,   1893;   Stats.   1893,  p.   333.J 

Aiding  escapes.     Punishment  therefor. 

Sec.  24.  If  any  person  procure  the  escape  of  any  person  committed 
to  the  school,  or  advise  or  connive  at,  aid,  or  assist  in  such  escape, 
or  conceal  any  such  person  so  committed  after  such  escape,  he  shall, 
upon  conviction  thereof  in  any  superior  court,  be  punished  by  a  fine 
of  not  less  than  two  hundred  dollars  nor  more  than  one  thousand 
dollars,  or  be  imprisoned  in  the  county  jail  not  less  than  two  mouths 


2126  APPENDIX. 

nor  more  than  one  year,  or  by  both  such  fine  and  imprisonment;  or, 
if  such  person  so  convicted  be  under  the  age  of  sixteen  years,  then 
he  shall  be  sentenced  to  the  school,  as  in  this  act  provided.  [Re- 
mimbered.     Approved  April  19,  1909;  Stats.  1909,  p.  992.] 

Legislation  §24.  1.  Enacted  as  §26,  March  11,  1889;  Stats.  1889, 
p.  118.  2.  §26  amended  March  23,  1893;  Stats.  1893,  p.  334.  3.  §26 
renumbered    §24,    April   19,    1909;    Stats.    1909,   p.   992. 

Who  shall  execute  writ  of  commitment. 

See.  2.5.  It  shall  be  the  duty  of  the  sheriff  of  any  county  wherein 
an  order  is  made  or  approved  by  a  superior  judge  committing  any 
minor  to  said  school,  to  execute  any  and  all  writs  of  commitment 
issued  or  approved  by  said  judge,  and  to  receive  as  compensation 
therefor  such  fees  as  are  now  or  may  hereafter  be  provided  by  law 
for  the  transportation  of  prisoners  to  the  state  prison,  provided,  that 
in  all  cases  where  the  commitment  shall  be  made  under  section  16a, 
16b,  or  16c,  of  this  act,  the  parent,  guardian,  or  other  protector  of  such 
minor  may,  at  his  option,  and  in  all  cases  where  he  is  liable,  or  where 
the  estate  of  such  minor  is  sufficient,  execute  said  writ  of  commit- 
ment, after  having  been  duly  sworn  therefor  with  like  powers  and 
with  like  effect  as  the  sheriff  would  possess  in  such  case,  but  with- 
out expense  to  the  state;  and  further  provided,  that  in  the  case  of 
a  minor  female  committed  to  said  school,  and  there  is  no  parent, 
guardian,  or  other  protector  of  such  minor,  who,  in  the  opinion  of  the 
court,  is  a  proper  person  to  safely  conduct  such  female  to  said  school. 
that  then,  in  such  case,  the  court  shall  appoint  some  suitable  woman 
of  satisfactory  character  and  discretion,  who  shall  take  the  custody 
of  such  minor  female  after  her  said  commitment,  and  shall  forth- 
with deliver  her  to  said  school,  and  be  entitled  to  the  same  com- 
pensation therefor  as  is  otherwise  provided  to  be  paid  to  the  sheriff 
in  all  cases  where,  if  such  minor  were  a  boy  and  were  by  a  sheriff 
delivered  to  said  school,  he,  the  said  sheriff,  would  be  entitled  to 
receive  compensation,  under  the  terms  of  this  act.  [Amended  and 
renumbered.     Approved  April  19,  1909;  Stats.  1909,  p.  992.] 

Legislation  §25.  1.  Enacted  as  §28,  March  11,  1889;  Stats.  1889,  p. 
119.  2.  §28  amended  March  23,  1893;  Stats.  1893,  p.  335.  3.  §  2S 
amended  and  renumbered  §25,  April  19,  1909;  Stats.  1909,  p.  992.  The 
original  §25  was  enacted  March  11,  1889  (Stats.  1889,  p.  118);  repealed 
by  Stats.  1909,  p.  992. 


SCHOOL   OP   REFORM.  2127 

Auditing  by  board  of  trustees. 

Sec.  26.  The  said  board  of  trustees  shall  examine,  audit,  and  allow 
the  demands  arising  under  the  terms  of  the  aforesaid  act  and  the 
amendments  thereto,  and  the  state  controller  shall  thereupon  draw 
his  warrants  therefor,  payable  out  of  the  proper  fund,  and  the  state 
treasurer  is  hereby  ordered  to  pay  such  warrants.  [Eenunibered. 
Approved  April  19,  1909;   Stats.  1909,  p.  992.] 

Legislation  §26.  1.  Enacted  as  §30,  March  11,  1889;  Stata.  1889,  p. 
120.  2.  §30  amended  March  23,  1893;  Stats.  1893,  p.  336.  3.  §30 
renumbered  §26,  April  19,  1909;  Stats.  1909,  p.  992.  The  original  §26 
was  enacted  March  11,  1889  (Stats.  1889,  p.  118);  amended  by  Stats. 
1893,  p.  334;  renumbered  §  24  by  Stats.  1909,  p.  992,  q.v.,  ante. 

Boys  may  be  transferred  from  state  prison. 

Sec.  27.  Any  boy  under  the  age  of  eighteen  years,  who  is  under- 
going sentence  in  any  state  prison  in  this  state  (except  such  as  are 
undergoing  a  life  sentence),  and  who  shall  be  deemed  a  fit  subject 
for  training  in  the  said  school,  may,  upon  recommendation  of  the 
state  board  of  prison  directors,  with  the  approval  of  the  governor, 
be  transferred  to  said  school  for  the  unexpired  period  of  his  sentence, 
and  when  honorably  discharged  from  said  school,  as  hereinbefore  pro- 
vided, shall  be  entitled  to  such  benefits  and  immunities  as  are 
provided  for  the  other  inmates  of  the  institution.  [Kenumbered. 
Approved  April  19,  1909;  Stats.  1909,  p.  992.] 

Legislation  S  27.  1.  Added  as  §31,  February  7,  1907;  Stats.  1907,  p.  3. 
2.  §31  renumbered  §27,  April  19,  1909;  Stats.  1909,  p.  992.  The  original 
§27  was  enacted  March  11,  1889  (Stats.  1889,  p.  118);  amended  by  Stats. 
1893,   p.   334;   repealed  by   Stats.   1909,  p.  992. 

Sec.  28.     [Renumbered   section.] 

Legislation  §28.  1.  Enacted  March  11,  1889;  Stats.  1889,  p.  119.  2. 
Amended  March  23,  1893;  Stats.  1893,  p.  335.  3.  Amended  and  renum- 
bered  §25,  April   19,   1909;   Stats.    1909,   p.  992;   q.v.,   ante. 

When  inmate  must  support  himself. 

Sec.  29.      [Repealed  section.] 

Legislation  S  29.  1.  Enacted  March  11,  1889;  Stats.  1889,  p.  119.  2. 
Amended  March  23,  1893;  Stats.  1893,  p.  336.  3.  Repealed  April  19, 
1909;   Stats.  1909,  p.  992. 


2128  APPENDIX. 

Sec.  30.     [Renumbered  section.] 

Legislation  §30.  1.  Enacted  March  11,  1889;  Stats.  1889,  p.  120.  2. 
Amended  March  23,  1893;  Stats.  1893,  p.  836.  8.  Renumbered  §26, 
April   19,    1909;    Stats.   1909,   p.   992;    q.v.,   ante. 

Sec.  31.     [Eenumbered  section.] 

Legislation  §31.  1.  Added  February  7,  1907;  Stats.  1907,  p.  3.  2. 
Renumbered   §27,   April  19,    1909;    Stats.    1909,   p.   992;    q.v.,   ante. 

Act  takes  effect  when. 

Sec.  31.     This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

Effect  of  Juvenile  Court  Law.  (See  this  act,  ante.  Appendix,  tit.  "Juve- 
nile Court  Law.")  Section  28  of  the  Juvenile  Court  Law  (Stats.  1909, 
p.  213)  stated  that  it  superseded  the  provisions  of  the  above  act  establish- 
ing the  Whittier  State  School.  As,  however,  there  was  no  express  repeal  of 
the  act,  and  as  it  was  amended  by  later  enactments  at  the  same  session, 
it  is  doubtful  if  the  Juvenile  Court  Law  had  such  an  effect.  The  act  creat- 
ing the  Whittier  State  School  is  therefore  printed  in  its  entirety. 


An  Act  relating  to  commitments  to  the  state  school  at  Whittier  and  to 
the  Preston  Scliool  of  Industry;  fixing  the  autJwrity  to  examine  and 
commit  to  such  schools  with  the  superior  court  judges  of  the  counties, 
and  fixing  the  responsibilities  from  which  commitments  are  made  to 
the  state  for  maintenance  of  the  persons  committed  therefrom ;  pro- 
viding for  the  manner  of  payment  thereof,  and  fixing  the  responsi- 
iility  of  the  parents  to  the  counties  from  which  their  children  are 
committed. 

[Approved   March    26,    1895;    Stats.    1895,    p.    122.] 

§  1.  Only    superior    judges    shall    commit    to    Whittier    and    Preston    schools. 

Parents   shall  pay. 

§  2.  Counties   shall  pay. 

§  3.  Duty  of  clerk  of  court.     Duty  of  county   treasurer. 

§  4.  Duty   of   superintendents   of   state   schools. 

§  5.  Conflicting   acts   repealed. 

§  6.  Act  takes  effect  when. 

Only  superior  judges  shall  commit  to  Whittier  and  Preston  schools. 

Parents  shall  pay. 

Section  1.     The   superior  judge   of   any   county,   and   no  other  judi- 
cial officer,   shall  have  power  to   examine,  discharge,   or  commit   any 


SCHOOL  OF  REFORM.  2129 

offender  either  to  the  Whil^ticr  State  School  or  to  the  Preston  School 
of  Industry;  provided,  that  the  superior  judge  shall  determine  whether 
or  not  the  parent  or  guardian  of  any  minor  committed  to  the  Whit- 
tier  State  School  or  to  the  Preston  School  of  Industry  is  able  to  pay 
to  the  county  in  which  the  commitment  is  made  for  the  maintenance 
of  such  minor  during  the  term  of  such  commitment;  and  when  the 
superior  judge  shall  determine  that  said  parent  or  guardian  has  the 
ability  to  pay  as  aforesaid  for  the  maintenance  of  such  minor  during 
the  term  of  such  confinement,  the  parent  or  parents  or  guardian  shall 
pay  into  the  treasury  of  such  county  the  sum  of  eleven  dollars  per 
month  in  advance;  and  in  case  of  the  failure  to  pay  the  same  as  here- 
in provided,  it  shall  be  the  duty  of  the  district  attorney  of  such  county 
to  proceed  to  collect  the  amount  from  such  parent,  parents,  or  guar- 
dian in  the  manner  that  other  indebtedness  against  the  county  is 
collected. 

Counties  shall  pay. 

Sec.  2.  For  each  and  every  person  hereafter  committed  to  either 
the  Whittier  State  School  or  the  Preston  School  of  Industry,  the 
county  from  which  the  commitment  is  made  shall  pay  into  the  state 
treasury  the  sum  of  one  hundred  and  thirty-two  dollars  per  annum, 
and  at  that  rate  for  each  fraction  of  a  year. 

Duty  of  clerk  of  court.    Duty  of  county  treasurer. 

Sec.  3,  It  is  hereby  made  the  duty  of  the  clerk  of  the  superior 
court  of  the  county  from  which  such  commitment  is  made,  to  certify 
to  the  county  auditor  the  name,  age,  and  date  of  commitment  of  each 
person  •committed  bj-  the  superior  judge  thereof,  and  the  amount  due 
to  the  state  from  the  county  by  reason  of  such  commitments,  and 
before  the  first  day  of  May  and  December  of  each  and  every  year 
to  file  with  the  treasurer  of  the  county  a  statement  of  the  number 
of  commitments,  with  the  date  thereof,  and  the  amount  due  from  the 
county  by  reason  of  such  commitments,  to  the  state  trea.surer;  and  it 
is  further  made  the  duty  of  the  county  treasurer,  during  the  settle- 
ment or  at  the  time  of  the  settlement  with  the  state  during  the  month 
of  May  and  December  of  each  year,  to  pay  to  the  state  treasurer, 
through  the  state  controller,  the  amount  so  found  to  be  due  to  the 
state  by  reason  of  commitments  to  the  state  schools  as  herein  pro- 
vided. 

Gen.  Laws — 123 


2130  APPENDIX. 

Duty  of  superintendents  of  state  schools. 

Sec.  4.  The  superintendent  of  tlie  state  school  at  Whittier  and  the 
Preston  School  of  Industry  are  hereby  required  to  transmit  to  the 
state  treasurer  a  statement  of  all  commitments  to  their  respective  in- 
stitutions, showing  the  name  of  the  person  committed,  the  date  of  the 
commitment,  and  the  county  from  which  the  commitment  is  made,  and 
the  amount  due  to  the  state  from  the  county  by  reason  of  such  com- 
mitments; said  statement  to  be  made  quarterly,  as  follows:  on  or  be- 
fore the  first  day  of  January,  the  first  day  of  April,  the  first  day  of 
July,  and  the  first  day  of  October  of  each  year;  and  it  is  hereby  made 
the  duty  of  the  controller  of  state  to  add  the  amounts  due  to  the 
state  from  said  counties  such  sum  as  may  be  shown  to  be  due  by  rea- 
son of  commitments  to  such  schools,  as  in  section  two  of  this  act 
provided. 

Conflicting  acts  repealed. 

Sec.  5.  All  acts  and  parts  of  acts  in  conflict  herewith  are  hereby 
repealed. 

Act  takes  effect  when. 

Sec.  6.     This  act  shall  take  effect  immediately. 


SEDUCTION. 

An  Act  to  punish  seduction. 
[Approved  March  1,  1872;   Stats.  1871-72,  p.  184.] 

Seduction. 

Section  1.  Every  person  who  inveigles  or  entices  any  unmarried 
female,  of  previous  chaste  character,  under  the  age  of  eighteen  years, 
into  any  house  of  ill-fame,  or  of  assignation,  or  elsewhere,  for  the 
purpose  of  prostitution,  and  every  person  who  aids  or  assists  in  such 
abduction  for  such  purpose,  and  every  person  who  by  any  false  pre- 
tenses, false  representation,  or  other  fraudulent  means,  procures  any 
female  to  have  illicit  carnal  connection  with  any  man,  is  punishable 
by  imprisonment  in  the  state  prison  not  exceeding  one  year,  or  by  a 
fine  not  exceeding  one  thousand  dollars,  or  by  both. 


SniPPING — STATE  PRISONS.  2131 


SHIPPING. 

See  ante,  Appendix,  tit.    "Buoys  and  Beacons.' 


STATE  PRISONS. 

An  Act  providing  for  the  erection  and  operation  of  roclc-crusMng  plants 
at  the  state  prisons,  for  the  preparation  of  highway  material  for  the 
benefit  of  the  people  of  the  state,  and  providing  for  the  necessary 
advances  and  appropriation  of  money  to  carry  out  said  work. 
[Approved  March   28,    1895;    Stats.   1895,   p.   274.] 

§  1.  Rock-crushing   plants   may   be    established. 

§  2.  Cost    of   product,    how    to    be    estimated. 

§  3.  Sale  price. 

§  4.  Profit  to  be  paid  into   state   treasury. 

§  5.  Prison    directors   may    lease   railroad   cars. 

§  6.  Appropriation. 

§  7.  Revolving   fund. 

§  8.  Conflicting  acts  repealed. 

§  9.  Act   takes  effect  when. 

Rock-crushing  plants  may  be  established. 

Section  1.  The  governor  of  the  state,  the  state  prison  directors, 
and  the  bureau  of  highways  (or  if  the  latter  shall  not  be  established, 
then  and  in  that  case  the  two  first  named)  shall,  when  satisfied  that 
fifty  thousand  cubic  yards  of  prepared  road  or  highway  metal,  as 
hereinafter  described,  will  be  taken  for  highway  purposes,  purchase, 
establish,  and  operate  at  one  or  both  of  the  state  prisons,  a  rock  or 
stone  crushing  plant,  to  be  operated  by  convict  labor  and  by  the  ap- 
plication of  power  under  control  of  the  state  prison  directors,  and 
with  such  free  labor  as  is  necessary  for  superintendence  and  direction, 
to  crush  rock  or  stone  into  road-metal  for  highway  purposes,  of  dif- 
ferent and  necessary  degrees  of  fineness;  provided,  that  the  authority 
and  direction  hereby  and  herein  conferred  and  given,  shall  not  be 
exercised  or  employed  until  the  governor  and  the  state  prison  directors 
are  satisfied  that  transportation  can  be  had  for  such  highway-metal 
for  highway  purposes  at  just  and  reasonable  rates,  and  so  as  to  jus- 
tify the  setting  up  and  operation  herein  provided  for  of  said  plant. 


2132  APPENDIX. 

Cost  of  product,  how  to  be  estimated. 

Sec.  2.  When  such  plant  described  in  section  one  is  set  up  and 
operated  there  shall  be  taken  into  account  in  ascertaining  the  cost 
of  producing  highway-metal  therefrom,  only  the  cost  of  necessary  ex- 
plosives, oil,  fuel,  tools,  and  machinery  exclusive  of  the  plant  itself, 
repairs,  superintendence,  and  direction,  and  the  preparation  and  main- 
tenance of  beds,  boxes,  crates,  or  other  unloading  devices  for  car- 
riage and  delivery  from  cars  of  said  highway-metal. 

Sale  price. 

Sec.  3.  To  said  cost  of  production  so  ascertained,  as  set  out  in  sec- 
tion two,  there  shall  be  added  for  and  to  each  and  every  cubic  j^ard 
of  highway-metal  so  produced,  ten  per  cent,  and  the  result  or  product 
of  such  addition  shall  be  the  sale  price  of  such  metal  delivered  from 
the  plant  free  on  board  of  the  cars  or  other  vehicles  of  transportation. 

Profit  to  be  paid  into  state  treasury. 

Sec.  4.  Said  ten  per  cent  shall,  as  realized,  and  not  less  frequently 
than  semi-annually,  be  paid  into  the  state  treasury,  until  there  shall 
have  been  paid  in  the  full  sum  of  twenty-five  thousand  dollars,  and 
thereafter  said  percentage  shall  be  reduced  to  five  per  cent,  and  the 
same,  as  realized,  shall  be  paid  into  the  fund  for  the  support  of  the 
state  prisons. 

Prison  directors  may  lease  railroad  cars. 

Sec.  5.  The  state  prison  directors  are  hereby  authorized  to  lease 
railroad  cars  with  equipment  suitable  for  the  rapid  and  economical 
handling  and  delivery  of  highway  material  prepared  as  aforesaid, 
whenever  in  their  judgment  the  interests  of  the  people  of  the  state 
will  be  conserved  thereby  in  the  matter  of  highway  construction  by 
the  use  of  such  highway-metal  so  produced,  as  in  this  act  provided. 
The  cost  of  such  leasing  shall  in  such  case  be  carried  into  the  cost  of 
production  described  in  section  two. 

Appropriation. 

Sec.  6.  The  sum  of  thirty  thousand  dollars  is  hereby  advanced  by 
the  state,  for  the  purposes  of  this  act,  and  said  sum  is  hereby  appro- 
priated out  of  the  general  fund  of  the  treasury,  subject  to   the  de- 


STATE   PRISONS.  2133 

mand  of  the  state  prison  directors;  and  the  state  controller  shall,  on 
presentation  of  such  demand,  in  writing,  draw  his  warrant  upon  the 
treasurer  for  the  said  sum  of  money  in  behalf  of  said  state  prison 
directors,  and  the  state  treasurer  shall,  on  presentation  of  such  war- 
rant, pay  the  same.  Twenty-five  thousand  dollars  of  said  sum  of 
money  so  advanced  and  appropriated  shall  be  returned  to  the  fund 
from  which  drawn,  as  is  specified  and  directed  in  this  act. 

Revolving  fund. 

Sec.  7.  The  sum  of  five  thousand  dollars  is  hereby  set  apart  out  of 
the  money  so  appropriated  in  the  previous  section,  to  and  for  the 
usage  [use]  of  the  state  prison  directors,  to  provide  and  maintain  a 
permanent  revolving  fund  for  the  purchase  of  tools,  machinery,  and 
other  material  and  appliances,  exclusive  of  the  establishment  of  the 
plant  described  in  this  act,  to  be  used  in  the  process  of  crushing  and 
handling  rock  or  stone  at  the  state  prisons  for  the  purposes  contem- 
plated and  set  out  in  this  act.  All  money  taken  from  said  revolving 
fund  shall  be  used  exclusively  in  payment  for  such  supplemental 
machinery,  tools,  material,  and  appliances  necessary  to  the  proper 
quarrying,  handling,  and  preparing  of  highway  material  at  said  state 
prisons;  and  so  much  of  the  money  received  for  sale  of  highway-metal 
as  shall  be  necessary  to  that  end  shall  be  returned  to  said  revolving 
fund  as  is  needed  to  keep  the  same  constantly  at  the  said  figure  of 
five  thousand  dollars. 

Conflicting  acts  repealed. 

Sec.  8.  All  acts  or  parts  of  acts  in  conflict  with  the  provisions  of 
this  act  are  hereby  repealed. 

Act  takes  effect  when. 

See.  9.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 


2134  APPENDIX. 

An  Act  to  regulate  and  govern  the  operation  of  the  rock-crushing  plant 
at  the  state  prison  at  Folsom,  to  provide  for  the  sale  of  crushed  rock, 
and  the  disposition  of  the  revenues  derived  therefrom. 

[Approved   March   11,    1897;    Stats.    1897,    p.   99.] 
§    1.     Board  of  prison  directors  to   control  rock-crushing  plant  at  Folsom. 
§    2.     How  operated. 
§     3.      Sale   of  road-metal. 
§    4.     Sale  price. 

§     5.     Cost   of  metal,   how   estimated. 
§    6.     May  lease   cars. 
§     7.      Revolving   fund. 
§     8.      Disposal   of   surplus   funds. 
§     9.      Duty   of   clerk   at   Folsom. 
§  10.      Disbursement  of   money. 

§  11.     Plant  may  be  rebuilt.      Appropriation   therefor. 
§  12.      Powers   of  prison   directors. 
§  13.      Inconsistent   acts   repealed. 
§  14.      Act   takes   effect   when. 

Board  of  prison  directors  to  control  rock-crushing  plant  at  Folsom. 

Section  1.  The  state  board  of  prison  directors  shall  regulate,  gov- 
ern, and  have  full  control  of  the  rock  or  stone  crushing  plant  estab- 
lished at  the  state  prison  at  Folsom,  the  product  thereof,  the  revenues 
derived  therefrom,  and  all  appropriations  of  money  therefor. 

How  operated. 

Sec.  2.  The  plant  shall  be  operated  by  convict  labor,  and  by  the 
application  of  the  mechanical  and  water  power  belonging  to  the  state 
prison  at  Folsom,  together  with  such  free  labor  as  the  state  board  of 
prison  directors  may  deem  necessary  for  superintending,  directing, 
and  guarding  the  convicts  employed  thereon. 

Sale  of  road-metal. 

Sec.  3.  The  state  board  of  prison  directors  are  hereby  empowered 
and  authorized  to  sell  and  to  otherwise  dispose  of  the  crushed-rock 
product  of  the  said  plant;  provided,  that  in  all  cases  preference  shall 
be  given  to  orders  received  from  the  bureau  of  highways  for  crushed 
rock  for  road-metal  for  highway  purposes. 

Sale  price. 

Sec.  4.  The  sale  price  of  all  crushed  rock  sold  for  road-metal  for 
highway    purposes    shall    be    the    cost    of    production,    with    ten    per 


STATE   PRISONS.  2135 

centum  added,  delivered  on  board  cars  or  other  \iehicles  of  transpor- 
tation at  the  rock-crushing  plant;  provided,  that  no  rock  shall  be 
sold  for  highway  or  other  purposes  for  a  less  price  than  thirty  cents 
per  ton. 

Cost  of  metal,  how  estimated. 

Sec.  5.  The  cost  of  production  shall  be  ascertained  by  estimating 
the  cost  of  explosives,  oil,  fuel,  tools,  repairs,  free  labor,  supplement- 
ary machinery,  the  preparation  and  maintenance  of  beds,  boxes, 
crates,  or  other  unloading  devices  for  carriage  to  and  delivery  from 
ears,  of  said  crushed  rock,  the  leasing  of  railroad  cars,  and  the  cost 
of  such  other  materials,  supplies,  and  expenses  as  may  be  required 
and  used  in  producing  each  ton  of  crushed  rock  ready  for  sale  deliv- 
ery. 

May  lease  cars. 

Sec.  (5.  The  state  board  of  prison  directors  are  hereby  authorized 
to  lease  railroad  cars,  with  equipments  suitable  for  the  rapid  and 
economical  handling  and  delivery  of  crushed  rock,  pre^iared  as  afore- 
said, whenever  in  their  judgment  the  interest  of  the  people  of  the 
state  will  be  conserved  thereby,  in  the  matter  of  highway  construc- 
tion, by  the  use  of  said  crushed  rock.  The  cost  of  said  leasing  shall  be 
carried  into  the  cost  of  production  described  in  section  five. 

Revolving  fund. 

Sec.  7.  The  amount  of  five  thousand  dollars  heretofore  appropri- 
ated is  hereby  set  apart  to  and  for  the  usage  [use]  of  the  state 
board  of  prison  directors,  to  provide  and  maintain  a  permanent  re- 
volving fund  for  the  purpose  of  operating  and  maintaining  the  rock- 
crushing  plant  at  Folsom  prison.  The  money  taken  from  said  revolv- 
ing fund  shall  be  used  exclusively  for  operating  and  maintaining  the 
said  rock-crushing  plant.  So  much  of  the  money  received  from  the 
sale  of  crushed  rock  as  shall  be  necessary  to  that  end,  shall  be  re- 
turned to  said  revolving  fund,  as  it  is  needed  to  keep  the  same  con- 
stantly at  the  said  figure  of  five  thousand  dollars. 

Disposal  of  surplus  funds. 

Sec  8.  Whenever  the  revolving  fund  shall  be  replenished,  and 
there   shall  be  a   surplus,  or  balance,   over   the   amount   appropriated. 


2136  ,  APPENDIX. 

this  surplus,  or  balance,  shall  be  paid,  not  less  frequently  than  semi- 
annually, into  the  state  treasury,  to  the  credit  of  the  fufid  known  as 
"  the  state  prison  fund  of  Felsom  prison,"  for  the  use  and  support  of 
Folsom   prison. 

Duty  of  clerk  at  Folsom. 

Sec.  9.  The  clerk  of  the  state  prison  at  Folsom  shall  keep  such 
records,  books,  and  accounts  as  may  be  necessary  to  at  all  times 
clearly  exhibit  the  financial,  business,  and  other  transactions  of  the 
said  rock-crushing  plant.  All  such  records,  books,  and  accounts  shall 
be  kept  separate  and  distinct  from  those  relating  to  other  prison 
affairs. 

Disbursement  of  money. 

Sec.  10.  For  all  sums  of  money  herein  required  to  be  paid,  drafts 
shall  be  drawn  on  the  controller  of  state,  signed  by  at  least  three 
members  of  the  state  board  of  prison  directors.  Said  drafts  shall  be 
sent  to  the  state  board  of  examiners,  to  be  by  them  approved,  and 
after  approval  by  said  state  board  of  examiners,  the  controller  of 
state  shall  draw  his  warrant  in  behalf  of  said  state  board  of  prison 
directors,  on  the  state  treasurer,  who  shall  pay  the  same,  on  presenta- 
tion of  such  warrant;  provided,  that  the  state  board  of  examiners  is 
hereby  expressly  prohibited  from  approving  of  any  of  said  drafts 
until  the  same  are  presented  with  itemized  statements,  showing  spe- 
cifically the  services  rendered,  by  whom  performed,  time  employed, 
distance  traveled,  and  necessary  expenses  thereof;  if  for  articles  pur- 
chased, the  said  statement  shall  give  the  name  of  each  article,  to- 
gether with  the  price  paid  for  each,  and  of  whom  purchased,  together 
with  the  date  of  purchase. 

Plant  may  be  rebuilt.     Appropriation  therefor. 

Sec.  11.  If  any  of  the  buildings,  machinery,  or  structures  apper- 
taining to  or  comprising  the  said  rock-crushing  plant  are  destroyed 
in  any  way,  or  injured  bj'  fire  or  otherwise,  they  may  be  rebuilt  or 
repaired  immediately,  under  the  direction  of  the  state  board  of  prison 
directors,  by  and  with  the  consent  solely  of  the  governor,  the  attor- 
ney-general, and  the  secretary  of  state,  and  the  expenses  thereof,  not 
to  exceed  in  amount  the  sum  of  ten  thousand  dollars,  shall  be  paid 


STATE   PRISONS.  2137 

out  of  any  funds  in  the  state  treasury  not  otherwise  appropriated  by 
law,  and  the  provisions  of  no  other  act  shall  apply  to  or  govern  or 
limit  this  section,  or  any  of  the  powers  or  duties  herein  conferred. 

Powers  of  prison  directors. 

Sec.  12.  The  state  board  of  prison  directors  are  hereby  authorized 
and  empowered  to  perform  such  other  acts  and  duties  as  may  be 
necessary  to  carry  out  the  full  intent  and  meaning  of  this  act. 

Inconsistent  acts  repealed. 

Sec.  13.  All  acts  and  parts  of  acts  inconsistent  with  the  provisions 
of  this  act  are  hereby  repealed. 

Act  takes  effect  when. 

Sec.  14.     This  act  shall  take  effect  immediately. 


An  Act  to  autliorize  and  empower  the  state  hoard  of  prison  directors 
to  purduise  Calif ornia-groion  hemp,  to  be  used  in  the  manufaeture  of 
grain-bags,  and  to  fix  the  price  at  which  such  bags  shall  be  sold. 
[Approved  March   16,   1901;    Stats.   1901,   p.   515.] 

Prison  directors  authorized  to  purchase  California-grown  hemp. 

Section  1.  The  state  board  of  prison  directors  are  authorized  and 
empowered  to  purchase  California-grown  hemp,  to  be  used  in  the 
manufacture  of  grain-bags,  and  to  pay  for  the  same  from  the  revolv- 
ing fund  created  by  law  for  the  purchase  of  jute.  The  price  for 
which  grain-bags  made  at  said  prison  from  hemp  shall  be  sold  shall 
be  fixed  by  the  state  board  of  prison  directors,  in  the  same  manner 
as  the  price  of  bags  made  from  jute  is  now  by  law  fixed  by  said 
board. 

Act  takes  effect  when. 

Sec.  2.     This  act  shall  take  effect  immediately. 


2138  APPENDIX. 

An  Act  authorising  the  state  hoard  of  prison  directors  to  fix  the  price, 
terms  and  conditions  of  sale  at  which  jute  hags  should  he  sold  for  the 
state,  providing  for  the  prosecution  and  punishment  for  offenses  under 
the  same,  and  repealing  certain  acts. 

[Approved  March   10,    1909;    Stats.    1909,   p.   280.] 

f  1.     Jute  goods,  rules   for  sale  ef. 

§  2.      Affidavit   of  purchaser. 

§  3.     False   affidavits,   penalty  for. 

§  4.     Books    of    account    for    public    inspection,    keeping    of. 

§  5.      Certain  act   and   conflicting   acts   repealed. 

§  6.     Act   takes   effect  when. 

Jute  goods,  rules  for  sale  of. 

Section  1.  The  state  board  of  prison  directors  are  authorized  and 
empowered  to  adopt  rules  and  regulations  for  the  sale  of  jute  goods, 
but  such  rules  and  regulations,  before  they  become  effective,  shall  be 
approved  by  a  majority  of  the  state  board  of  examiners.  The  state 
board  of  prison  directors  shall  annually,  in  the  month  of  December  of 
each  year  fix  the  price,  for  the  sale  of  jute  bags  and  give  public 
notice  of  the  same,  for  at  least  ten  days  in  as  least  four  newspapers 
of  general  circulation  printed  and  published  as  follows  to  wit:  one  in 
the  city  and  county  of  San  Francisco,  one  in  the  San  Joaquin  Valley, 
one  in  the  Salinas  Valley  and  one  in  the  Sacramento  Valley.  Until 
the  1st  day  of  April  of  each  year,  jute  bags  shall  be  sold  only  to 
consumers  thereof,  but  after  said  date,  if  a  surplus  of  said  jute  bags 
remains  unsold,  they  may  be  sold  to  any  one  in  such  quantities  and  at 
such  prices  as  the  board  of  directors  in  their  discretion  may  deem 
proper. 

Affidavit  of  purchaser. 

Sec.  2.  All  orders  for  jute  bags  filed  with  the  board  of  prison  direc- 
tors prior  to  the  first  day  of  April  of  each  year,  shall  be  accompanied 
by  an  affidavit  setting  forth  the  name,  residence,  post-office  address 
and  occupation  of  the  applicant;  that  the  amount  of  goods  contained 
in  the  order  are  for  the  applicant's  individual  and  personal  use,  and 
that  he  has  not  contracted  for,  nor  agreed  to  contract  for  the  sale  of 
any  portion  thereof  to  any  person  or  persons  whatsoever.  Said  affi- 
davit shall  be  subscribed  and  sworn  to  before  a  notary  public,  justice 
of  the  peace,  or  other  officer  authorized  to  administer  oaths. 


STATE  PRISONS.  2139 

False  affidavits,  penalty  for. 

Sec.  3.  Any  person  who  shall  falsely  or  fraiululently  make  such 
affidavit,  or  who  shall  falsely  or  fraudulently  procure  jute  bags  under 
the  provisions  of  this  act,  shall  be  guilty  of  a  misdemeanor,  and  vn 
conviction  thereof,  shall  be  fined  not  less  than  two  hundred  dollars 
($200.00). 

Books  of  account  for  public  inspection,  keeping  of. 

Sec.  4.  The  board  of  prison  directors  shall  keep  at  the  San  Quentin 
prison  a  book  for  public  inspection,  in  which  shall  be  entered  the 
number  of  jute  bags,  the  amount  of  jute  goods  manufactured  each 
year,  and  also  the  name  of  each  purchaser,  his  post-office  address,  his 
occupation,  number  of  jute  bags  or  jute  goods  purchased  by  him,  and 
the  price  paid  by  him  therefor  and  the  date  and  sale  and  the  place  to 
w^hich  shipment  is  made. 

Certain  act  and  conflicting  acts  repealed. 

Sec.  5.  An  act  entitled,  "  An  Act  fixing  the  price,  terms  and  con- 
ditions of  sale  at  which  jute  goods  shall  be  sold  by  the  state,  and 
providing  for  prosecution  and  punishment  for  offenses  under  the 
same;"  approved  March  22d,  1907,  and  all  other  acts  and  parts  of 
acts  in  conflict  with  this  act  are  hereby  repealed. 

Act  takes  effect  when. 

Sec.  6.  This  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 


An  Act  to  authorize  and  empoiver  the  state  hoard  of  prison  directors  to 
injure  jute  and  jute  goods  against  either  fire  or  marine  loss  and  to  pay 
the  cost  of  such  insurance  from  the  revolving  fund  for  the  purchase  of 
jute. 

[Approved  March   10,    1909;    Stats.   1909,   p.   281.] 

Insurance  of  jute  goods. 

Section  1.  The  state  board  of  prison  directors  is  hereby  authorized 
and  empowered  to  insure  from  time  to  time  against  fire  or  marine 
loss,  all  jute  and  jute  goods  owned  by  the  state,  in  such  amounts  as 


2140  APPENDIX. 

it  may  deem  proper.     The  cost  of  such  insurance  shall  be  paid  from 
the  revolving  fund  for  the  purchase  of  jute. 

Act  takes  effect  when. 

Sec.  2.     This  act  shall  take  effect  immediately. 


An  Act  directing  the  state  prison  directors  of  the  state  of  California  to 
employ  at  least  twenty  prisoners  in  the  construction  of  roads  to  the 
state  prisons  at  San  Quentin  and  at  Folsom. 

[Approved  March    12,    1903;    Stats.    1903,   p.    127.] 

State  prisoners,  employment  of,  on  public  roads. 

Section  1.  The  state  prison  directors  of  the  state  of  California  are 
hereby  authorized  and  directed  to  employ  at  least  twenty  prisoners 
daily  during  fair  weather,  in  the  construction  and  repair  of  such  pub- 
lic roads  as  have  been  or  shall  hereafter  be  laid  out  or  opened  by  the 
board  of  supervisors  of  Marin  County,  and  which  extend  from  San 
Quentin  state  prison,  or  the  grounds  surrounding  the  same,  to  Point 
Tiburon,  San  Eafael,  and  all  railroad  stations  in  Marin  -County  which 
lie  in  the  neighborhood  of  the  said  state  prison;  providing,  that  no 
work  shall  be  done  by  such  prisoners  beyond  a  point  six  miles  dis- 
tant from  said  prison  buildings:'  and  also  to  employ  at  least  twenty 
prisoners  under  like  conditions  on  roads  extending  from  the  state 
prison  at  Folsom  in  Sacramento  County  or  connecting  therewith;  pro- 
viding, that  no  work  shall  be  done  by  such  prisoners  beyond  a  point 
six  miles  distant  from  said  prison  building. 

Act  takes  effect  when. 

Sec.  2.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

Similar   acts.      Acts    similar   in   terms   were   passed    in    1893    (Stats.    1893, 
p.  141);  in  1897    (Stats.   1897,  p.  6) ;  in  1891    (Stats.   1891,   p.   222). 


STATE  PRISONS.  2141 

In  Act  concerning  the  payment  of  the  expenses  and  costs  of  the  trinl 
of  convicts  for  crimes  committed  in  the  state  prison,  and  to  pay  the 
costs  of  the  trial  of  escaped  convicts,  and  to  ^ay  for  the  expenses  of 
coroner  inquests  in  said  prison. 

[Approved    April   12,    1880;    Sfats.    1880,    p.   43.) 
See   this  act,    ante,   Appendix,    tit.      "  Costs." 


An  Act  to  establish  board  of  parole  commissioners  for  the  parole  of  and 
government  of  paroled  prisoners. 

[1.  Approved    March    23,    1893;    Stats.    1893,    p.    183.      2.   Amended    February 
28,    1901;    Stats.    1901,    p.    82.] 

Parole  and  government  of  paroled  prisoners.     Governor  may  revoke 

parole. 

Section  1.  The  state  board  of  prison  directors  of  this  state  shall 
have  power  to  establish  rules  and  regulations  under  which  any  pris- 
oner who  is  now  or  hereafter  may  be  imprisoned  in  any  state  prison, 
and  who  may  have  served  one  calendar  year  of  the  term  for  which 
he  was  convicted,  and  who  has  not  previously  been  convicted  of  a 
felony  and  served  a  term  in  a  penal  institution,  may  be  allowed  to  go 
upon  parole  outside  of  the  buildings  and  inclosures,  but  to  remain 
while  on  parole  in  the  legal  custody  and  under  the  control  of  the 
state  board  of  prison  directors,  and  subject  at  any  time  to  be  taken 
back  within  the  inclosure  of  said  prison;  and  full  power  to  make  and 
enforce  such  rules  and  regulations  and  retake  and  impi-ison  any  con- 
vict so  upon  parole  is  hereby  conferred  upon  said  board  of  directors, 
whose  written  order  certified  by  the  president  of  said  board  shall  be 
a  sufficient  warrant  for  all  officers  named  therein  to  authorize  such 
officer  to  return  to  actual  custody  any  conditionally  released  or  pa- 
roled prisoner,  and  it  is  hereby  made  the  duty  of  all  chiefs  of  police, 
marshals  of  cities  and  villages,  and  sheriffs  of  counties,  and  all  police, 
prison,  and  peace-officers  and  constables  to  execute  any  such  order  in 
like  manner  as  ordinary  criminal  process;  provided,  however,  that  no 
prisoner  imprisoned  under  a  sentence  for  life  shall  be  paroled  until  he 
shall  have  served  at  least  seven  calendar  years.  The  governor  of  the 
state  shall  have  like  power  to  cancel  and  revoke  the  parole  of  any 
prisoner,    and    his    written    authority   shall   likewise    be    sufficient    to 


2142  APPENDIX. 

authorize  any  of  the  ofBcers  named  therein  to  retake  and  return  said 
prisoner  to  the  state  prison,  and  his  written  order  canceling  or  revok- 
ing the  parole  shall  have  the  same  force  and  effect  and  be  executed 
in  like  manner  as  the  order  of  the  state  board  of  prison  directors.  If 
any  prisoner  so  paroled  shall  leave  the  state  without  permission  from 
said  board  he  shall  be  held  as  an  escaped  prisoner  and  arrested  as 
such.     [Amendment.     Approved  February  28,  1901;  Stats.  1901,  p.  82.] 

Act  takes  effect  when. 

Sec.  2.     This  act  shall  take  effect  immediately. 


An  Act  to  provide  for  the  creation  of  a  hoard  of  parole  commissioners 
for  each  county  in  this  state,  for  the  paroling  of  prisoners  confined 
in  county  jails,  and  authorizing  and  empowering  such  boards  to  make 
rules  and  regulations  in  relation  thereto. 

[Approved  March  25,  1909;   Stats.   1909,  p.  783.1 

This  act,  2620,  is  printed  in  its  entirety  on  page  941. 


SUPERVISORS. 

An  Act  to  authorise  hoards  of  supervisors  to  pay  the  expenses  of  posse 

comitatus  in  criminal  cases. 

[Approved   April   16,    1880;    Stats.    1880,    p.    102. J 

Posse  comitatus. 

Section  1.  The  board  of  supervisors  of  any  county  may  allow,  in 
their  discretion,  such  compensation  as  they  may  deem  just,  to  defray 
the  necessary  expenses  that  have  been  incurred  by  a  posse  comitatus 
in  criminal  cases;  provided,  no  claim  shall  be  allowed  for  expenses 
which  have  not  been  incurred  within  one  year  before  such  allowance. 

Act  takes  effect  when. 

Sec.  2.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 


INDEX  TO  APPENDICES. 

(2143) 


INDEX  TO  APPENDICES. 


ABDITCTION. 

Punishment  of,  p.  2130. 
ACKNOWLEDGMEXTS. 

Act   curing  defects  in,  p.   1S53. 

Correction  of,  acts  legalizing  defective  acknowledgments,  p.   1853. 

Defective,  act  curing,  p.  1853. 
ACTION. 

State,  acts  authorizing  actions  against,   pp.   19G5,  1967,   1968. 
ADULTERATION. 

Act  relating  to  adulteration  of  honey,  p.   1981. 

Dairy  products,  act  establishing  standards   of  quality,   p.    2013. 

Dairy   products,  act  prohibiting  adulteration   and   deception   in   sale 
of,   p.    2013. 

Dairy  products,  adulteration  of,  act  defining,  p.   2013. 

Drugs,    manufacture,    sale    or    transportation    of    adulterated,    mis- 
labeled or  misbranded,  act  to  prevent,  p.  1979. 

Drugs,   traffic   in,  act   regulating,   p.    1979. 

Foods,    liquors    and    drugs,    act    preventing    manufacture,    sale,    etc., 
of   mislabeled  or  misbranded,   p.    1388. 

Foods,  liquors  and  drugs,  act  regulating  traffic  in,  p.   1983. 

Foods,   liquors  and  drugs,   state   laboratory  for,  acts  providing  for, 
p.   1983. 

Milk,    acts    to    prohibit   adulteration    and    deception    in    sale    of,    pp. 
2013,    2017. 

Milk,  act  to  prohibit  use   of  chemicals  and   other  materials  to  pre- 
vent  fermentation,  p.   2017. 

Milk,  adulteration  of  defined,  p.   2015. 

Milk,  certified,  act  regulating  production  and  sale  of,  p.   2019. 

Milk  products,  act  to  prohibit  use  of  chemicals  and  other  materials 
in,  to  prevent  fermentation,   p.    2017. 

Milk,  standards  of,  act  establishing,  p.   2015. 

Paints,    oils,    varnishes    and   pigments,    act    to    prevent    adulteration 
of,  p.   1982. 

Syrup,   act   relating   to,    p.    1971. 

Wine,  act   relating   to,   p.   1971. 

Wine,   act  to   establish  uniform   wine   nomenclature  for  pure   wines, 
p.    1977. 

Wine,  act  to  prevent  deception  in  manufacture  and  sale  of,  p.  1977. 
AFFIDAVIT. 

By  trust  companies,  how  taken,  p.  1877. 
(2145) 


2146  INDEX  TO  APPENDICES. 

ALAMEDA   COUNTY. 

Acts  providing  additional   superior  judges,  p.   1954. 

Deer  on  Mt.  Diablo,  act  to  prevent  destruction   of,  p.   2047. 

Fishing  in  San  Leandro  Creek  and  Lake  Chabot  forbidden,  p.  2044. 

Number  of  superior  judges,  p.   1954. 
ALIEN. 

Aliens    incapable    of    becoming   electors    prohibited    from    Ashing,    p. 
2041. 
AMERICAN   PLiAG. 

Desecration  of  flag  prohibited,  p.   2046. 
ANALYST. 

State,  appointment,  powers  and  duties,  p.  1848. 
ANIMALS. 

Act  for  prevention  of  cruelty  to,  p.   1993. 

Bristle  or  tack-bur  or  similar  device,  use  of  prohibited,  p.   1994. 

Combination   to   obstruct   sales   of  live-stock   proliibited,   p.    1853. 

Drugs,   giving  to,  act  to   prevent,   p.   1995. 

Insurance  of  live-stock  on  assessment  plan,  act  relating  to,  p.  1920. 

Poisoning,   act  to  prevent,   p.   1995. 

State  veterinarian,  act  creating,  p.   1993. 

Tampering  with,  act  to  prevent,   p.    1995. 
ARMY   AND   NAVY. 

Unlawfully  wearing  badge  of  Grand  Army,  punishment  of,  p.  2049. 
ARREST. 

Posse  comitatus,  supervisors  authorized  to  pay  expenses  of,  p.   2142. 
ARTESIAN    WELLS. 

Act  to  prevent  waste  and  flow  of  water  from,  p.   1996. 

Defined,   p.   1996. 

Regulating    use    of,    and    preventing    waste    of,    percolating    waters, 
p.   1996. 

Waste   from,   defined,   p.    1996. 
ASSAULT. 

On    president,    vice-president,    governors,    federal    judges,    or    execu- 
tive   officers,   p.    2007. 
AS.SIGNEES. 

Deposit   of  money   in   trust   company   by,   under   order   of   court   and 
discharge    from   liability,   p.    1901. 

Deposit  of  personal  assets  in  trust  company  and  reduction  of  bond, 
p.  1901. 
ASSIGNMENT. 

Employees    of    corporation,    act    relating    to    assignments    of    wages 
by,   p.    1898. 
ASSOCIATIONS.     See  Rural   Cemetery   Associations. 

Act  forbidding  wearing  of  badge   of  labor  union,  p.   2076. 

Protective,  act  validating  acknowledgments  of,   p.   1853. 
ATTORN  E  Y-GENER  AL. 

Actions  for  penalties  under  the   banking  act,  p.   1894. 


INDEX  TO  APPENDICES.  2147 

ATTORNEY'S   FEE. 

In  foreclosure  suits  to  be  fixed  by  court,  p.  1962. 
BADGE. 

Of   labor  union,  act  forbidding  wearing  of,   p.    2076. 
BALLOTING    MACHINES. 

Act  creating-  state   commission    on   pp.   1813,   1821. 
BANKS   AND  BANKING   (BANKING  ACT  OP  1909). 

Advertising   statements,   what   to   show,   p.   1860. 

Approval  by  superintendent  of  banks,  and  certificates,  necessary 
before   doing   business,  p.    1885. 

Assets  of  bank,  director,  oflScer,  agent,  or  servant  not  to  be  inter- 
ested  in   purchase  of,  p.   1868. 

Assets  of  bank,  punishment  where  auditor,  officer,  agent,  or  servant 
interested   in  purchase  of,  p.   1868. 

Bank   includes  what  corporations,  p.   1857. 

"Bank,"  what  corporations  may  not  use  term,  p.   1859. 

Bonds,   limit   on  power  to   invest  in   or  loan   upon,  p.    1868. 

Bonds,  limit  on  right  to  purchase,  underwrite,  or  guarantee,  p.  1867. 

Branch  offices,   rights  and  duties  as  to,  p.   1858. 

Capital  of  departmental  banks,  increase  of,  p.   1863. 

Capital,  paid   up,  amount   of,  p.    1862. 

Capital  required  of  departmental  banks,  p.   1863. 

Capital  stock,  punishment  of  officers  purchasing  or  loaning  on,  p. 
1866. 

Capital  stock,  purchased  or  carried,  to  be  sold  within  six  months, 
p.    1866. 

Capital  stock,  right  of  bank  to  loan  on,  p.   1866. 

Capital  stock,  right  of  bank  to  purchase  its  own,  p.  1866. 

Certificate  by  superintendent  of  banks,  necessary  before  doing  busi- 
ness, p.    1885. 

Certificate,  duty  of  superintendent  of  banks  before  issuance  of, 
p.   1885. 

Certificate,  stockholders,  examination  of  fitness  before  issuing,  p. 
1885. 

Certificate  to  do  business,  issuance  of  and  transmission  to  county 
clerk,   p.    1885. 

Clerk  borrowing  funds  from  bank,  punishment  of,  p.   1866. 

Clerks  not  to  borrow  funds  from  bank,  p.   1866. 

Commercial   banks,  capital  required,  p.   1876. 

Commercial  banks,  directors,  loans  to,  report  of  to  superintendent 
of  banks  and  proceedings  by,  p.  1876. 

Commercial  banks,  directors,  loans  to,  restrictions  on,  p.    1876. 

Commercial   banks,   loans,   limit   on,   p.    1875. 

Commercial  banks,  directors,  loans  to,  violation  of  statute  a  felony, 
p.   1876. 

Commercial   banks,  meaning  of,  p.   1857. 

Commercial  banks,  not  to  advertise  as  savings  banks,  p.  1869. 


2148  INDEX  TO  APPENDICES. 

BANKS  AND  BANKING   (Banking  Act  of  1909)    (continued). 

Conducting-  business  in  unsafe  manner,  proceedings  in  case  of,  p. 
1888. 

Corporations  to  conduct  banking,  how  formed,  p.    1857. 

Departmental  banking,  right  of,  p.  1863. 

Departmental  banks,  business  to  be  conducted  in  one  building,  p. 
1864. 

Departmental   banks,  capital,  increase  of,  p.   1863. 

Departmental  banks,  certificate  for  each  department,  necessity  for, 
issuance  of,  and  fee  for,  p.  1863. 

Departmental  banks,  deposits  in  departments  and  transfer  of,  p. 
1864. 

Departmental  banks,  priority  of  depositors  of  the  several  depart- 
ments, p.   1864. 

Departmental  banks,  reports  by,  p.   1886. 

Departmental  banks,  reserve  for  each  department,  p.  1864. 

Departmental  banks,   separate  accounts  and   investments,  p.   1864. 

Deposit  in  bank  by  executor,  guardian,  etc.,  and  relief  from  lia- 
bility, p.    1869. 

Deposit  in  trust  for  another,  rights  under,  p.   1860. 

Depositors,  capital  and  assets  are  security  for,  p.   1863. 

Depositors    have   priority   over   stockholders,    p.    1863. 

Depositors,  stockholders  as,  priority  of,  p.  1862. 

Depositors  who  are  dead,  or  who  have  not  made  deposits  or  with- 
drawal for  ten  years,  return  and  publication  of,  p.   1860. 

Deposits  by  infants,   how  held  and  paid,  p.   1860. 

Deposits  by  married  women,  how  held  and  paid,  p.  1860. 

Deposits  in  other  banks,  right  to  make,  p.   1868. 

Deposits,   joint,  p.   1860. 

Deposits  under  $500,  right  to  collect  without  administration,  and 
procedure,  p.  1860. 

Directors,  duty  to  examine  into  bank,  and  powers  in  relation  to, 
p.  1892. 

Directors,  eligibility,  p.   1859. 

Directors,  oath  of,  p.   1859. 

Directors,  posting  lists  of,  with  number  of  shares  owned,  p.  1861. 

Directors,  report  by,  p.   1892. 

Dissolution,  escheat  of  unclaimed  property,  p.  1891. 

Dissolution,  right  of  and  proceedings  on,  p.  1891. 

Dividends,  p.   1863. 

Existing  corporations,  effect  of  banking  act   on,  p.   1895. 

Filing  certified  copies  of  articles  and  amendments,  p.  1858. 

Foreign  corporation,  designating  superintendent  of  banks  as  agent 
for  service  of  process,  p.  1858. 

Foreign  corporation,  requirements  of,  p.   1858. 

Foreign  corporation,  superintendent,  designated  as  agent  for  serv- 
ice of  process,  rights  and  duties,  p.  1858. 


INDEX  TO  APPENDICES.  2149 

BANKS  AND  BANKING   (Banking  Act  of  1909)    (continued). 
Impairment  of  capital,  proceedings  in  case  of,  p.   1887. 
Interest  unpaid  not   to   be  included  in  calculating  profits  previous 

to  dividends,  p.   1868. 
Liquidation  by  superintendent  of  banks,  p.   1888. 
Mortgage  in  which  officer  interested,  not  to  be  transferred  to  bank, 

p.   1866. 
Mortgage,   punishment   of   officer   transferring   to   bank    when    he   is 

interested,   p.    1866. 
Name  of  unincorporated  bank,  what  to  show,  p.   1860. 
Name,  what  words  must  use  on  letter-heads,  signs,  etc.,  p.  1864. 
National  banks,  examination   of,   p.   1869. 

Non-stock  corporation,  transferring  into  stock  corporation,   p.   1865. 
Officers  borrowing  from  bank,  punishment  of,  p.  1866. 
Officers  not  to  borrow  funds,  p.    1866. 
Partnership    doing    banking    business,    list    of    partners    and    capital 

paid  in,  p.    1862. 
Penal   liabilities   of   officers   or   employers,   pp.    1866,   1SG7.    1868.    1873, 

1876,    1885,    1894. 
Penalties   or   forfeitures,   attorney-general    may   sue   for    on    request 

of   superintendent  of  banks,  p.   1894. 
Posting   of   last  certificate   obtained  from   superintendent    of    banks, 

p.   1869. 
Publication    of   statement   of   financial    condition,    when    to    be    made 

and  what  to  show,  p.  1887. 
Purchase  of  obligations  of  bank  by  director,  officer  or  employee  for- 
bidden, p.  1868. 
Real  estate,  power  to  loan  upon,  p.   1869. 
Reports  by  banks  doing  departmental  business,  p.   1886. 
Reports   by   directors  and  what  to   show,  p.   1892. 
Reports  by  superintendent  of  banks  prima  facie  evidence,  p.  1894. 
Reports  by  superintendent  of  banks  to  governor,  p.   1893. 
Reports,  delinquency  in  regard  to  and  penalty,  p.   1892. 
Reports,   what  to  show,   p.   1886. 

Reports,  when  to  be  made  and  verification  of,  pp.   1886,  1887. 
Reserve,  lawful  money  reserve,  amount  of,  p.   1862. 
Reserve,  lawful  money  reserve,  proceedings  where  deficiency  in,  p. 

1862. 
Reserve,   trust  funds  not  to  be  counted  as  part  of,  p.   1866. 
Reserve,  what  portion  of  profits  paid  into,  p.   1863. 
Safe  deposit,  right  to  conduct,  p.   186.5. 
Sale  of  assets  to  another  bank,  p.  1865. 

Savings  hank,  advertising  as,  by  other  banks  forbidden,  p.  1869. 
Savings  banks,  capital  paid  up,  p.   1862. 
Savings   banks,  capital   required,   p.    1870. 
Savings  banks,  cash,  amount  to  be  carried  by,  p.   1874. 
Savings  banks,  certificates  of  deposit,  issuance  of  by,  p.  1872, 


2150  INDEX  TO  APPENDICES. 

BANKS  AND  BANKING   (Banking  Act  of  1909)    (continued). 

Savings  banks,  creation  of  debt  by,  what  acts  are  not,  p.   1873. 
Savings  banks,  debts  otlier  than  for  deposits,  power  to  contract,  p. 

1872. 
Savings  banks,  depositors,   conditions   of  payment  to,  p.   1873. 
Savings  banks,  deposits  with   banks,  power  as  to,  p.    1874. 
Savings  banks,  directors  or  officers,  borrowing  by,   a  misdemeanor, 

p.   1873. 
Savings  banks,  directors  or  officers,  borrowing  by,  forbidden,  p.  1873. 
Savings  banks,  hypothecation  of  securities  forbidden,  p.    1872. 
Savings  banks,  loans,  limit  on,  and  security  for,  p.  1873. 
Savings  banks,  loans  not  to  be  made  during  deficiency  in  deposits, 

p.   1874. 
Savings  banks,  loans,   officers  violating  law  as  to,  guilty  of  felony, 

p.    1873. 
Savings   banks,  may  borrow   public   moneys   of  state,   counties,   etc., 

p.   1872. 
Savings  banks,  meaning  of,  p.   1857. 
Savings    banks,    new    loans    not    to    be    made    where    large    calls    by 

depositors,   p.   1873. 
Savings  banks,  paying  regular   customers  by   drafts  upon   deposits, 

p.    1872. 
Savings  banks,  powers   of,  p.   1857. 

Savings  banks,  power  to  deal  in  realty  and  personality,  p.  1872. 
Savings  banks,  property  what  may  hold,  p.   1870. 
Savings  banks,  reserve  fund,  amount  of,  p.  1862. 
Savings    banks,   reserve   fund    required   where    no    capital   stock,   pp. 

1870,    1873,    1874. 
Savings  banks,  securities  what  may  hold,  p.   1870. 
Savings  banks,  surplus,  amount  of,  p.   1862. 

Savings  banks  to  be  conducted  under  provisions  of  bank  act,  p.  1875. 
State    banking    department,    certificate,    examination    of    fitness    of 

stockholders  before   issuing,  p.   1885. 
State  banking  department,  certificate,  issuance  of  and  transmission 

to  county  clerk,  p.   1885. 
State  banking  department,  creation  of,  p.  1882. 

State  banking  department,  examination  into  foreign  banks,  p.  1884. 
State  banking  department,  examiner,  neglect  to  report  condition  of 

bank  a  felony,  p.   1885. 
State  banking  department,   examiner,  not  to  be  appointed  receiver, 

p.   1885. 
State  banking  department,  examiner,  oath  of,  p.   1885. 
State  banking  department,  examiner,  powers  and  duties  of,  p.  1884. 
State  banking  department,   inspection   of   books,  p.    1884. 
State  banking  department,   officers  of,  p.   1882. 
State    banking    department,    state    banking    fund,    contribution    of 

banks  to,  how  determined,  p.   1883. 


INDEX  TO  APPENDICES.  2151 

BANKS  AND  BANKING  (Banking  Act  of  1909)    (continued). 

State  banking-  department,  state  banking-  fund,  expenses  of  depart- 
ment paid   out   of,  p.   1883. 

State  banking  department,  state  banking  fund,  how  created  and 
wliere  deposited,  p.   1883. 

State  banking  department,  superintendent  of  banks,  appointees, 
number,    salaries,   and   qualifications   of,   p.    1883. 

State  banking  department,  superintendent  of  banks,  appuintment, 
term   of  office,   qualifications,  and   salary,  p.    1882. 

State  banking  department,  superintendent  of  banks,  approval  of 
and  certificate  to   bank  transacting  business,   p.   1885. 

State  banking  department,  superintendent  of  banks,  chief  deputy, 
appointment,   qualification,   bond  and   oath,  p.   1883. 

State  banking  department,  superintendent  of  banks,  duty  on  impair- 
ment of  capital  by  bank,  p.  1887. 

State  banking  department,  superintendent  of  banks,  liquidation  of 
bank  by,  p.  1888. 

State  banking  department,  superintendent  of  banks,  may  request 
attorney-general  to  sue  for  forfeitures  and  penalties,  p.   1894. 

State  banking  department,  superintendent  of  banks,  neglect  by, 
when  a  felony,  p.   1894. 

State  banking  department,  superintendent  of  banks,  oath  and  bond 
of,  p.   1882. 

State  banking  department,  superintendent  of  banks,  offices,  furni- 
ture,  fuel,    stationery   and   lights   for,   p.    1£83. 

State  banking  department,  superintendent  of  banks,  offices,  -where 
located,  p.   1883. 

State  banking  department,  superintendent  of  banks,  proceedings 
where  bank  does  unsafe  business,  p.   1888. 

State  banking  department,  superintendent  of  banks,  proceedings 
where  bank  violates  law  or  articles  of  incorporation,  p.   1888. 

State  banking  department,  superintendent  of  banks,  report  of,  p. 
1893. 

State  banking  department,  superintendent  of  banks,  reports  of  are 
prima  facie  evidence,  p.   1894. 

State  banking  department,  superintendent  of  banks,  weekly  bulle- 
tin, posting  of,  and  what  to  contain,  p.  1893. 

Stockholders  as  depositors,  priority  of,   p.    1S63. 

Stockholders,  capital  and  assets  are  security  for,  p.  1863. 

Stockholders,  depositors  have  priority  over,  p.  1863. 

Stockholder's  liability   cannot   be  waived,   p.   1868. 

Stockholders,  list   of,   p.    1861. 

Stock  of  banks,  limit  on  power  to  loan   on,  p.   1868. 

Stock  of  corporations,  limit  on   right  to   invest  in,  p.   1867. 

Stock  of  corporations,  officer  violating  statute  in  regard  to  invest- 
ment in,   guilty  of  felony,  p.    1867. 

Surplus,  amount  of,  p.   1862. 


2152  INDEX  TO  APPENDICES. 

BANKS  AND  BANKING  (Banking  Act  of  1909)    (continued). 

Surplus,  what  portion  of  profits  paid  into,  p.   1863. 

Term  "bank,"  who  may  not  use,  p.  1859. 

Title  of  act,  p.   1857. 

Trust  companies,   bond,  not  required  to  give,  p.   1878. 

Trust    companies,   capital,    amount    paid    up    required   before    certifi- 
cate issued,  p.   1880. 

Trust  companies,  capital   required  where  doing  a   banking  business, 
p.   1881. 

Trust  companies,  compensation   of,  p.   1877. 

Trust  companies,  confidential  communications,  disclosures  of,  p.  1880. 

Trust   companies   defined,   p.    1858. 

Trust  companies,  departmental  business,  doing,  to  comply  with  pro- 
visions governing  the  departments,  p.   1881. 

Trust     companies,     deposit     of     money     in     by     executor,     assignee, 
receiver,  etc.,  on  order  of  court  and  discharge  of,  p.  1877. 

Trust    companies,    deposit    of    money    in,    by    public    administrator, 
withdrawal   of,  and  discharge  of  administrator,   p.   1877,   1878. 

Trust  companies,  deposit  of  personal  assets  in  by  executor,  guardian, 
receiver,   etc.,  and  reduction   of  bond,   p.   1878. 

Trust  companies,  deposits  with  treasurer,  pp.  1878,  1879. 

Trust  companies,   deposits  with  treasurer,  abstracts  of  title  in   c;.se 
of,   p.   1879. 

Trust   companies,   interest   on    deposit    with    treasurer,    right   to    re- 
ceive, p.   1879. 

Trust  companies,   interest  payable  by,  p.    1878. 

Trust  companies,  investments,  laws  governing,  p.   1881, 

Trust  companies,   investments,   liability  for,  p.   1878. 

Trust  companies,  mortgage  of  realty  to  state  treasurer,  p.  1879. 

Trust  companies  not  to  advertise  as  savings  bank,  p.   1869. 

Trust  companies,  oath   and  affidavit  of,  how  taken,  p.   1877. 

Trust  companies,  officers,  liability  of,  p.   1877. 

Trust  companies,  report  of  trusts  held.  p.   1880. 

Trust   companies,    retirement   from   business,    sliowing   required   and 
proceedings    on,   p.    1880. 

Trust  companies,  "trust,"  effect  of  use  of  word,  p.   1880. 

Trust  companies,   "trust,"  use   of  word  prohibited  to   whom,  p.   1880. 

Trust  companies,  what  companies  are,  p.   1877. 

Trust  companies,  what  companies  may  act  as  trustees,  p.  1877, 

"Trustee,"  use  of  a  misdemeanor,  when,   p.    1880. 

Trust  funds  not  to  be  counted  as  part  of  reserve,  p.  1866. 

Trust  funds  not  to  be  mingled  with  other  assets,  p.  1866. 

Unincorporated  banks,  name  of,  what  to  show,  p.   1860. 

Violation   of   law   or   articles    of   incorporation,   proceedings   in    case 
of,   p.   1888. 
BEACON. 

Protection   of  buoys  and  beacons,   p.    1998. 


INDEX  TO  APPENDICES.  2163 

BERKELEY, 

Act  creating-  justice's  court  in,  p.  1960. 
BIG    TREE    GROVE. 

Act  for  protection   of,  p.   2050. 

Injury  to,  p.   2050. 
BOARD   OF   EXAMINERS. 

Act    prescribing-   certain   duties   of,  pp.    1781,   1843. 

Duties,  act  prescribing  certain,   pp.   1781,   1S43. 

Old  furniture  and  material,  may  sell,  p.  1781. 
BOARDS   OF  TRADE. 

Act  validating  acknowledgments  by,  p.   1853. 
BONDS. 

Incorporations  for  giving,  act  governing,  p.   1895. 

Libel  and  slander,  bond  to  cover  costs  in,  p.  1961. 

Officers,  premium,  payment  by  county,  city,  or  state,  p.  1781. 
BUOY. 

Protection   of  buoys  and  beacons,  p.   1998. 
BURNT   OR  DESTROYED   RECORDS    OR   DOCUMENTS. 

Act    for   making    and    recording    notices    of    ownership    or    claim    to 
realty,    p.    1943. 

Act  to  establish  and   quiet  title   to   realty   where  records   burnt,  pp. 
1943.    1948. 

Court   records,   how   restored,   act   relating   to,  p.    1950. 

Court  records,  how  restored,  procedure,   p.    1950. 

Procedure  to  establish   title  under  burnt-record  act,   p.   1950. 
BUTTER. 

Act  to  prevent  deception  in   sale.   p.   2000. 

Short-weight  rolls   of,  act  to  prevent  sale  of,  p.   1999. 
CANDIDATES   FOR   OFFICE. 

Act  to  prevent   extortion  from,   p.    2028. 

Extortion  from,  act  to  prevent,  p.   2028. 
CARRIER    OF   GOODS. 

Police,    appointment    of,    to    serve    on    railroads,    steamships,    etc.,   p. 
2098. 
CARRIER    OF    PASSENGERS. 

Police,  appointment  to  serve  on  railroads,  steamships,  etc.,  p.  2098. 

Refusal  to  sell  passage  tickets  for  foreign  country,  punishment  of, 
p.    2030. 
CEMETERY. 

Bodies,  exhumation  and  removal  of,  regulation  of,  p.  2099. 

Public  cemetery  districts,  act  providing  for,  p.   1896. 
CEMETERY   CORPORATION. 

Deeds  by,  manner  of  execution  of,  p.  1907. 

Rural,  act  authorizing  incorporation  of,  pp.   1896,   1897. 
CERTIFICATE   OF   DEPOSIT. 

Savings  and  loan   corporation   may   issue,   p.   1872. 

Savings  banks,  issuance  of,  by,  p.  1872. 


2154  index  to  appendices. 

che:e:se:. 

Deception    in    manufacture    and    sale    of    butter    and    cheese,    act    to 
prevent,  p.   2000. 
CHINESE. 

Fishing-,  prohibited  from,  p.  2041. 
CITY   COURTS. 

Abolition    of,    p.    1953. 

Transfer  of  books,  papers,  etc.,  to  justice,  p.  1953. 
COMBINATIONS. 

Live-stock,  to  obstruct  sale  of,  prevented,  p.   1853. 
COMMISSION. 

Voting  machine,   commission   on,   pp.    1813,   1821. 
COMMISSIONERS. 

Railroad,  act  organizing  and  defining  powers  of,  p.   1930. 

Transportation,  act  relating  to,  p.   1930. 
COMMITMENT.     See  School  of  Industry  (Preston);  School  of  Reform 
(Whittier). 

To  Preston  School  of  Industry,  p.   2055. 

To  Whittier  State  School,  p.   2055. 
CONSPIRACY. 

Meaning  of,  limited  In  disputes  between  employer  and  employee,  p. 
2006. 

To    commit   any    crime   against   president,   vice-president,    any    gov- 
ernor,  federal  judges  or  executive  secretaries,  p.   2007. 
CONTROLiLER   OF   STATE. 

Act  prescribing  certain  duties  of,  p.  1843. 

Duties,  act  prescribing  certain,  p.   1843.  , 

Funds,  act  authorizing  transfer  of,  by,  p.  1850. 
CONVICT. 

Costs  of  trial  of  escaped,  p.  2141. 

Costs  of  trial  of,  for  crimes  committed  in  prison,  p.  2141. 
CORONER. 

Assistants  in  cities  and  cites  and  counties  over  one  hundred  thou- 
sand, p.  2011. 

Chemical  and  post-mortem  examinations,  p.   2110. 

Expenses  of  inquests  in  state's  prison,  payment  of,  p.   2008. 

Physicians  and  surgeons,  attendance  and  compensation,  p.   2008. 

Physicians  to  perform  autopsies  in  counties  of  first  class,  p.  2008. 

Stenographer    for,    in    cities    and    counties    over    one    hundred    thou- 
sand,   p.    2009. 
CORPORATIONS. 

Act  relative  to  foreign,  p.  1907. 

Act  respecting  payment  of  wages,  p.   1898. 

Act  to  protect  persons  dealing  with,  p.  1906. 

Act  to  protect  stockholders   of,   p.    1906. 

Articles,  fees  for  filing,  p.   1907. 

Bonds,  corporations  for  giving,  act  relating  to,  p.   1895. 


INDEX  TO  APPENDICES.  *155 

CORPORATIONS  (continued). 

Execution  of  deeds  by  cemetery,  p.  1907. 

Executor,   receiver,  trustee,   etc.,  act  authorizing  corporation  to  act 
as,   p.    1900. 

Filing  of  articles  of  incorporation,  p.  1907. 

Frauds  and  misrepresentations  by  officers,  penalty  for,  pp.  1898,  1906. 

List  of  stockholders  to  be  accessible,  p.  1861. 

Power  of,  to  act  as  executor,  guardian,  trustee,  etc.,  statute  relating 
to,  p.   1900. 

Stockholders,   list  of,  to  be  accessible,  p.   1861. 

Wages,   assignment   by   employee,   act   relating   to,  p.    1898. 

Wages   of   laborers  and  mechanics,   act  providing  for  payment   of, 
p.  1897. 
COSTS. 

Escaped  convicts,   of  trial   of,  p.   2012. 

Expenses  of  coroners'  inquests  in  state  prison,  pp.  2008,  2012. 

For    serving    subpoenas    and    summonses,    served    by    person    other 
than  sheriff,  p.   1952. 

Of  posse  comitatus,  supervisors  authorized  to  pay,  p.   2142. 

Trial  of  convicts  for  crimes  committed  in  state  prison,  p.  2012. 

Trial  of  persons  violating  fish  law,  p.  2040. 
COUNTIES. 

Claims  of  against  state,  act  authorizing  settlement  of,  p.  1847. 

County  fire  insurance  companies,  p.  1911. 
COUNTY  CLEltlv. 

Pension  claimant,  affidavits  of,  to  be  taken  without  fee,  p.  1782. 
COURTS. 

Acts  increasing  or  decreasing  number  of  judges  of  superior,  p.  1955. 

City,  abolition  of,  p.  1953. 

City,  transfer  of  books,  papers,  etc.,  to  justice,  p.  1953. 
COURT  RECORDS. 

Act  for  restoration  of,  in  case  of  loss  by  fire,  etc.,  p.   1950. 

Act  to  quiet  title,  in  case  of  destruction  of,  pp.   194.3,  1948. 

Transfer  of,  of  old  courts  to  courts  created  by  new  constitution,  p. 
1963. 
CRUELTY    TO    ANIMALS. 

Act  for  prevention   of,   p.   1993. 

Use  of  bristle-bur,  or  tack-bur,  or  similar  device  prevented,  p.  1994. 
DAIRY   PRODUCTS. 

Deception  in  manufacture  and  sale,  p.  2000,  2013. 

Short-weight  rolls  of  butter,  sale  of,  act  to  prevent,  p.   1999. 
DECEASED   PERSONS. 

Exhuming  bodies   of,   without  lawful   permit,  as  an   offense  against 
public  health,  p.   2099. 
DEEDS. 

By  cemetery  corporations,  execution  of,  p.  1907. 
To   conveyances   of  real   estate,  p.   1909. 


2156  INDEX  TO  APPENDICES. 

de:e:r. 

Mt.  Diablo,  act  to  prevent  destruction  of  on,  p.  2047. 
DEFINITION. 

Adulterated,   p.   1982. 

Adulteration   of   food,   p.   1985. 

Artesian  well,  p.   1997. 

Bank,  p.   18.57. 

Commercial  bank,  p.  1857. 

County  includes  what,  p.  1947. 

Drug-,  pp.   1979,   2020. 

Drug-  adulteration,    pp.    1979,   2023. 

Food,  pp.   1979,   1985. 

Food  adulteration,  pp.   1979,  2022. 

Milk,  p.   2015. 

Misbranded,  pp.   1986,  2020. 

Mislabeled,  pp.  1986,   2020. 

Package,  pp.  1987,  2020. 

Pure  wine,  p.  1972. 

Savings  bank,  p.   1857. 

Trust  company,  p.   1858. 

Waste,  p.   1997. 

Wine,  pure,  p.   1978. 
DEPOSIT. 

Trust   company,   deposit   of   money   in    and   discharge   from   liability, 
p.   1901. 

Trust  company,  deposit  of  money  in  and  reduction  of  bond,  p.   1901. 
DEPOSITARY. 

Trust   company,   deposit   of   money   in  and   discharge   from   liability, 
p.  1901. 

Trust  company,  deposit  of  personal  assets  in  and  reduction  of  bond, 
p.   1901. 
DESTROYED   RECORDS    OR   DOCUMENTS. 

Act  as  to  quieting  title  in   case  of,   pp.   1943,   1948. 
DISINTERMENT. 

Of  dead  bodies,  without  lawful  permit  a  misdemeanor,  p.   2099. 
DISTRICT  ATTORNEY. 

Duty  of,  respecting  sale  of  poisons,  p.  2082. 

Duty  of,  to  prosecute  adulterators  of  food,  p.  1991. 
DRUGS. 

Adulterated,  mislabeled  or  misbranded,  act  to  prevent  manufacture, 
sale  or  transportation  of,  p.  1979. 

Adulteration   of,  act  providing  against,   pp.   1979,   2020. 

Animals,  act  to  prevent  giving  of  drugs  to,  p.  1995. 

Manufacture,   sale,   or   transportation    of   adulterated,   mislabeled,    or 
misbranded,  act  relating  to,  pp.   1979,   2020. 

Poisons,  act  regulating  sales  of,  p.  2082. 


INDEX  TO  APPENDICES.  2157 

DRUGS   (continued). 

State  laboratory  for,  act  providing  for,  p.   2020. 
Traffic  in.  act  regulating,  p.  2020. 
DRl'^KARD. 

Act  to  prevent  sale  of  liquor  to,  p.  2053. 
D  YIN  AMITE. 

Protection  of  life  against  handling  of,  p.   2034. 
EI-ECTIOiXS. 

Act  of  1909  regulating  primary,  p.  1782. 
Campaign  expenses,  act  regulating,  p.  1S08. 

Campaigns,  act  regulating  conduct  of,  offenses  against,  and  punish- 
ment of,  p.  1808. 
Extortion  from  candidates  for  office,  act  to  prevent,  pp.  1824,  2028. 
Piece  clubs,   act   to  prohibit,  p.   1824. 
Piece  clubs,  prohibition  of,  p.  2028. 
Voting  machine,  act  relating  to,   pp.   1813,   1821. 
Voting  machine,  commission  on,  act  creating,  pp.   1813,   1821. 
EMIGRATION. 

Act   to  promote,  p.    2030. 

Refusal  to  sell  passage  tickets  for  foreign  country,  punishment   of, 
p.   2030. 
E3IPL,OYMENT  AGENT. 

Duties  and   liabilities   of,  p.   2031. 
ESCAPE. 

Costs  of  trial  of  escaped  convicts,  p.  2141. 
ESTATES   OF  DECEDENTS. 

Deposit  of  assets  in  trust  company  and  reduction  of  bond,  p.  1901. 
Deposit    of   money    in    trust   company   or   bank,   and    discharge    from 

liability,  p.  1901. 
Deposits  under  ?500,  collecting  without  administration,  p.   1861. 
EXECUTIVE. 

Crime  against  federal  officer,  p.   2007. 
EXECUTIVE  SECRETARY. 

Crime  agai/ist,  a  felony,   p.   2007. 
EXECUTOR   OR  ADMINISTRATOR. 

Corporation,  act  authorizing,  to  act  as  executor,  p.   1900. 

Corporation  acting  as  executor,  powers  and  liabilities,  p.  1900. 

Corporation  as,  p.  1900. 

Corporation  as,  bond  of,  p.  1900. 

Corporation  as,   qualification  of,  p.   1900. 

Corporation,  deposit  of  funds  with  corporations,  p.  1901. 

Deposit    in    bank    or    trust    company    and    discharge    from    liability, 

p.  1901. 
Deposit  in  trust  company  and  reduction  of  bonds,  p.  1901. 
Reduction  of  bond  on  deposit  of  fund  with  corporation,  p.  1901. 


2158  INDEX  TO  APPENDICES. 

EXPLOSIVES. 

Act  to  protect  life  and  property  against  careless  use  of,  p.  2034. 

Dynamite,  protection  of  life  and  property  from  use  of,  p.  2034. 
EXTORTION. 

Act  to  prevent,  from  candidates  for  office,  p.   2028. 
FALSE   BAY. 

Act  to  prevent  taking  of  fish   by  means  of  weirs,  dams,  nets,  traps, 
or  seines  in,   p.   2042. 
FEDERAL.   OFFICERS. 

Crimes  against  certain,  punishment  of,  p.  2007. 
FELONY. 

Executive  secretaries  of  United  States,  offenses  against,  p.   2007. 

Federal  officers,  offenses  against,  p.   2007. 

Governor,  offenses  against,  p.   2007. 

Judges,  federal,  offenses  against,  p.  2007. 

President,  offenses  against,  p.  2007. 

Secretaries,  executive,  of  United  States,  offenses  against,  p.   2007. 

Seduction,  p.  2130. 

Vice-president,  offenses  against,  p.  2007. 
FENCES. 

Act  to  prevent  persons  passing  through  inclosures  and  leaving  them 
open,  p.   2038. 
FINAL   PROCESS. 

Act  concerning  execution  of,  p.   1962. 
FIRE. 

Re.storation  of  court  records  in  case  of  loss  by,  p.  1950. 
FIRE  DEPARTMENT, 

Act  authorizing  city  council  to  increase  efficiency  of,  p.   1831. 

Act  authorizing  unincorporated  towns  to  equip  and  maintain,  p.  1824. 

Act   creating  board   of   Are    commissioners   in    unincorporated   cities, 
p.   1824. 

Act  fixing  salaries  in  cities  of  first  class,  p.  1833. 

Act   providing   for   pension    for   aged,    infirm,    or    disabled    members, 
p.  1830. 

Act  requiring  commissioners  to  grant  yearly  vacation's,  p.  1830. 

Pension  for  members,  act  creating,  p.   1830. 

Pension  fund,  act  creating,  p.   1830. 
FIRE   INSURANCE   COMPANIES,  MUTUAL. 

Act  for  organization  and  management  of,  p.  1917. 
FISH. 

Act  to  prevent  destruction  of,  in  Alameda  County,  p.  2044. 

Act    to    prevent    taking,    by   means    of    weirs,    dams,    nets,    traps,    or 
seines,  in  certain  streams  in  Mendocino  County,  p.   2042. 

Aliens    incapable    of   becoming    electors    prohibited    from    fishing,    p. 
2041. 

Costs  of  trial  for  violations  of  law  to  be  paid  by  state,  p.  2040. 


INDEX  TO  APPENDICES.  2159 

FISH   (continued^. 

Ditches   and   flumes   drawing   supply  from   Kings   River,   proprietors 
to  prevent  passage  of  fish   into,  p.   2045. 

False  Bay,  act  to  prevent  taking  of,  by  means  of  weirs,  dams,  nets, 
traps,   or  seines  in,  p.   2042. 

Kings  River,  destruction  of  in,  act  to  prevent,  p.  2045. 

Lake  Bigler,  preservation  of  in,  p.  2045. 

Lake   Chabot,   fishing  in   forbidden,  p.   2044. 

San  Antonio  Creek,  not  to  be  caught  with  nets,  seines,  etc.,  p.  2043. 

San  Leandro  Creek,  fishing  in,  forbidden,  p.  2044. 
FLAG. 

Desecration  of  prohibited,  p.   2046. 
FOOD. 

State  laboratory  for,  act  providing  for,  p.  1983, 
FORECLOSURE   SUITS. 

Attorney's  fees  in  to  be  fixed  by  court,  p.  1962. 
FOREIGN. 

Banking  corporation,  designating  superintendent  of  banks  as  agent 
for  service  of  process,  p.  1858. 

Banking  corporation,  reaulrements  of,  p.  1858. 
FOREIGN  CORPORATIONS. 

Act  concerning,  p.  1907. 
FRANCHISE. 

Ordinances  granting,  acts  validating,  p.  1929. 

Railroad,  sale  of,  and  conditions  of  sale,  statute  relating  to.  p.  1932. 

Time  within  which  street-railway  franchises  may  be  sold,  act  limit- 
ing, p.  1931. 
FRAUD. 

Butter  and  cheese,  in  manufacture  and  sale  of,  p.  2000. 

Misrepresentations  or  conditions  of  employment,  punishment,  p.  2078. 

Wine,   in   manufacture  and  sale   of,  p.   1971. 
FRE.SNO  COUNTY. 

Acts    increasing   and    decreasing   number    of    superior   judges    in,   p. 
1955. 

Act  to  protect  growing  trees  in,  p.  2050. 
GAME   LAWS. 

Deer  on  Mt.  Diablo,  act  to  prevent  destruction  of,  p.  2047. 

False  Bay,  act  to  prevent  taking  of   fish  by  means   of   weirs,  dams, 
nets,  traps,  or  seines  in,  p.  2042. 

Hunting  on  inclosed  or  cultivated  land,  penalty,  p.  2038. 

Hunting  on  inclosed  or  cultivated  land  without  permission,  p.  2038. 

Inclosed  land,  hunting  on,  penalty,  p.   2038. 

Mendocino   County,   act   to   prevent   taking    fish    by   m^ans   of   weirs, 
dams,  nets,  traps,  or  seines  In  certain  streams  in,  p.  2042. 

Mocking-birds  and  their  nests,  protection   of,  p.   2047. 


2160  INDEX  TO  APPENDICES. 

GAME   LAWS    (continued). 

Mt.  Diablo,  deer  on,  act  to  prevent  destruction  of,  p.  2047. 

Nevada  County,  protection  of  game  in,  p.   2047. 
GAS. 

Act  reg-ulating  use  of,  p.  2048. 

Not  to  be  turned  off  at  meter,  p.  2048. 
GOVERNOR. 

Act   imposing-  certain   duties  on,  p.   2049. 

Employment  of  stenographer  for,  p.  1833. 

Offenses  against,  punisliment  of,  p.  2007. 
GRAND  ARMY. 

Unlawfully  wearing  badge  of,  p.  2049. 
GRAND  LARCENY.     See  Larceny. 
GROWING  TREES. 

Act  to  protect  in  counties  of  Fresno,  Tulare,  and  Kern,  p.  2050. 
GUARDIAN. 

Act  authorizing  corporation  to  act  as,  p.  1900. 

Corporation,  deposit  of  funds  with,  and  reduction  of  bond,  p.  1901. 

Corporation  may  act  as,  p.  1900. 

Orphan  asylum,  guardians  for  infants  maintained  in,  effect  on  cus- 
tody or  guardianship,  p.  1911. 
HARBOR   COMMISSIONEItS. 

Compromise   of  litigation   over  portion    of   water-front,    act   author- 
izing, p.  1840. 

Condemnation   of  certain  property,  act  authorizing,  p.   lSo6. 

East  Street,   act  authorizing  rectifying  alignment  of,  p.    18i;4. 

Free  public  market,  act  authorizing  establishment  of,  pp.  18^7,  1838. 

Repairs   upon   private  wharves,  act  authorizing,   p.    1840. 

Insurance  of  property,  act  authorizing,  p.   1835. 

Tolls,  penalty  for  failure  to  pay,  by  false  returns,  etc.,  p.  1834 
HEALTH  LAWS. 

Exhumation  and  removal  of  dead  bodies,  regulation  of,  p.  2098. 
HEMP. 

prison  directors  authorized  to  purchase,  p.  2137. 
HIGHWAY. 

Franchises  for  railroads  on,    acts  relating  to,  pp.   829,  831,   832 
HIGHWAY  MATERIAL. 

Preparation  of,  at  state  prisons,  pp.   2131,  2134. 
HOMESTEAD  CORPORATION. 

Statute  authorizing  formation  of  corporations  to  provide  homesteads 
for  members,  p.  1910. 
HONEY. 

Adulteration  of,  prohibited,  p.   1981. 
HOTELS, 

Gas  not  to  be  turned  off  at  meter,  p.   2048. 


INDEX  TO  APPENDICES.  2161 

HOURS   OF  LABOR. 

Of  police  officers,  p.   2097. 
HUMBOLDT  COIATY. 

Act  increasing  number  of  judg-es  In,  p.  1955. 
HUNTING, 

Act  to  prevent,  on  inclosed  lands,  p.   2038. 
INCLOSUKES. 

Act   to    prevent   persons   passing   through   and   leaving   them    open, 
p.  2038. 

Leaving  open,  act  to  prevent,  p.  2038. 
INFANCY. 

Act  providing  for  appointment  of  guardians  of  children  In  orphans' 
homes  or  orphans'  asylums,  p.  1911. 
INJUNCTIONS. 

Use  of  limited,  in  disputes  between  master  and  servant,  p.   2006. 

Use  of  word,  how  limited,   in   disputes   between   employers  and   em- 
ployees, p.  2006. 
INNKEEPER. 

Gas  not  to  be  turned  on  at  meter,  p.  2048. 
INSURANCE. 

Act  relating   to   life,   health,  and  accident,    of   live-stock   on   assess- 
ment plan,  p.  1920. 

Act  relative  to  accident,  of  live-stock,  p.  1920. 

County  Are  insurance  companies,  organization  and  management  of, 
p.  1911. 

Police  relief,  health  and  life  insurance  fund,  payment  to,  p.  2088. 

Prison  directors  authorized  to  insure  jute  and  jute  goods,  p.  2139. 
INSURANCE   COMMISSIONER. 

Duty  regarding  corporations  to  give  bonds,  p.  1896. 

Surety  corporations,  duty  in  regard  to,  p.  1896. 
INTEREST. 

Payable  by  trust  companies,  p.  1878. 
INTERPRETER. 

Appointment  of  Italian  in  cities  and  counties,  and  counties  over  the 
hundred  thousand,  p.  2051. 

Italian,  appointment  and  compensation  of,  in  certain  cities,  p.  1957. 
INTOXICATING   LiaUORS. 

Drunkard,  sale  to,  a  misdemeanor,  p.  2053. 

Sale  of  within  certain  distance  of  camp  or  assembly  of  men  engaged 
in  public  work,  prohibited,  p.  2052. 
INTOXICATION. 

Officers,  punishment  of  for  being  in  a  state  of,  p.  2079. 
INVESTMENT. 

Trust  companies  are  liable  for,  p.  1878. 
IRRIGATION. 

Laws  relating  to,  p.   19.24. 


2162  INDEX  TO  APPENDICES. 

ITALIAN  INTERPRETER, 

Appointment   and   compensation   of,   In   certain   cities   and   counties, 

p.  1957. 
Appointment  of,  in  cities  and  counties,  and  counties  over  one  hun- 
dred tiiousand,  p.  2051. 
JUDGES. 

Federal,   offense  against,  p.   2007. 

Increasing  or  decreasing  number  of,  p.  1955. 

Of  superior  courts,  secretary  for,  p.  1954. 

Number   of,  in  various  counties,   reference  to  acts  relating  to,  pp. 

1955,  1956. 
Secretary  of,  in  cities  over  two  hundred  thousand,  p.  1954. 
JUDICIAL   OFFICER. 

Federal,  offense  against,  p.  2007. 
JURISDICTION. 

Of  justices  of  the  peace  in  cities  and  towns,  p.  1960. 
JUSTICE,  FEDERAL. 

Offenses  against,  p.  2007. 
JUSTICE'S    CLERK. 

Cities  and  counties  of  over  two  hundred  thousand,  clerk  and  assist- 
ants in,  p.  1958. 
Salaries  of  deputies  In  cities  and  counties  of  more  than  two  hundred 

thousand,  p.  1958. 
Salary  of,  in  cities  and  counties  of  more  than  two  hundred  thousand, 
p.  1958. 
JUSTICE'S   COURT. 

Berkeley,  act  creating  in,  p.  1960. 
JUSTICES   OF  THE  PEACE. 

Jurisdiction  and  compensation  of.  In  cities  and  towns,  p.  1960. 
Service  of  summons  issued  from  justices'  courts  in  San  Francisco, 
p.  1960. 
JUTE. 

Offenses  under  law  relating  to  sale  of  jute  bags,  p.  2138. 

Prison  directors  authorized  to  fix  the  price,  terms,  and  conditions 

of  sale  of  jute  bags,  p.  2138. 
Prison  directors  authorized  to  insure  jute  or  jute  goods,  p.  2139. 
JUVENILE  COURT. 
Act  creating,  p.  2054. 
Commitments   to  Whittier  State   School   and  Preston   State   School, 

p.  2055. 
Dependent  and  delinquent  children,  care,  custody,  and  maintenance 

of,  p.  2055. 
Dependent  and  delinquent  children,  who  are,  act  relating  to,  p.  2055. 
Detention  home  for  delinquent  and  dependent  children,  p.  2055. 
Jurisdiction  of  juvenile  court  over  offenses  connected  with  depend- 
ent and  delinquent  children,  p.  2055. 


INDEX  TO  APPENDICES.  2163 

JUVENILE  COURT   (continued). 

Probation  committee,  establishment  of,  p.  2055. 

Probation  officers,  creation  and  salaries  of,  p.  2055. 

Procedure  in,  p.  2055. 

Punishment    of    persons    responsible    for    dependent    or    delinquent 
children,  p.  2055. 
KERN   COUNTY, 

Act  providing  additional  judge  for,  p.  1956. 

Act  to  protect  growing  trees  in,  p.  2050. 
KINGS  RIVER. 

Destruction  of  fish  in,  act  to  prevent,  p.  2045. 
LABORERS. 

Act  giving  lien  to  loggers  and  laborers,  p.  1925. 

Employed  by  corporations,  act  to  provide  for  payment  of  wages  of, 
p.  1897. 
LABOR  ORGANIZATION. 

Prevention  of  persons  from  unlawfully  using  a  union  card,  p.  2076. 

Prevention  of  unlawfully  wearing  button  of,  p.  2076. 
LAKE  BIGLER. 

Preservation  of  fish  in,  act  for,  p.  2045. 
LAKE   CHABOT. 

Fishing  in,  act  forbidding,  p.  2044. 
LARCENY. 

Grand,  converting  realty  into  personalty  with  felonious  intent,  pun- 
ishment of,  act  relating  to,  p.  2077. 

Grand,  stealing  amalgam,  gold-dust,  or  quicksilver  from  any  mining 
claim,  punishment  of,  act  relating  to,  p.  2077. 

Realty,  converting  into  personalty  with  fraudulent  intent,  p.  2077. 
LIBEL. 

Undertaking  for  costs  in,  p.  1961. 
LIENS. 

Act. giving,  to  loggers  and  laborers,  p.  1925. 
LIMITATION   OF  ACTION. 

State,  action  against,  to  quiet  title  to  lands  sold  by,  p.  1968. 
LIVE-STOCK. 

Combinations  to  obstruct  sale  of,  prevented,  p.  1853. 
LOGGERS. 

Act  giving  lien  to  loggers  and  laborers,  p.  1925. 
LOS   ANGELES   COUNTY. 

Acts  increasing  number  of  superior  judges  in,  p.  1955. 
MAIL  CARRIERS. 

To  ride  free  on  street  railways,  p.  1932. 
MALICIOUS   MISCHIEF. 

To  buoys  and  beacons,  p.  1998. 
MARKET. 

Free,    act    authorizing    harbor    commissioners    to    establish    In    San 
Francisco,  pp.   1837,  1838. 


2164  INDEX  TO  APPENDICES. 

MARRIED   WOMAN. 

Deposit  by  in  bank,  how  held  and  paid,  p.  1860, 
MASTER  AND  SERVANT. 

Assignment   of   wages   by   employee   of  corporation,   act   relative   to, 
p.  1898. 

Compensation,  acts  providing  for  manner  of  by  corporation,  p.  1898. 

Conspiracy,  meaning  of  in  disputes  between  employer  and  employee 
limited,  p.   2006. 

Employment  agent,  duties  and  liabilities  of,  p.   2031. 

Injunctions  in  disputes  between,  use  of  restricted,  p.  2006. 

Lien  of  loggers  and  laborers  upon  logs  cut,  p.  1925. 

Lunch  hour  for  laborers  in  mills  and  logging  camps,  p.  1927. 

Misrepresentations    of    conditions    of    employment,    a    misdemeanor, 
p.  2078. 
McENERNV  ACT.    See  Burnt  or  Destroyed  Records  or  Documents. 
MECHANICS. 

Employed  by  corporations,  act  to  provide  for  payment  of  wages  of, 
p.  1897. 
MECHANICS'  INSTITUTE. 

Act  validating  acknowledgments  by,  p.   1853. 
MENDOCINO  COUNTY. 

Act  to  prevent  taking  of  fish  by  means  of  weirs,  dams,  nets,  traps, 
or  seines  in  certain  streams  in,  p.  2042. 
MINE. 

Stealing   of   amalgam,    gold-dust,    or    quicksilver,    grand   larceny,    p. 
2077. 
MINING  CORPORATIONS. 

Protection  of  miners,  act  providing  for,  p.  1927. 
MISDEMEANOR. 

Adulterated  honey,  sale  of,  p.  1981. 

Adulteration  of  foods  and  drugs,  pp.  1983,  1991,  2020. 

Artesian  well,  waste  of  waters  of,  p.  1996. 

Beacon,  mooring  vessel  to,  p.  1998. 

Beacon,  removal  of,  or  injury  to,  p.  1998. 

Bristle-bur,  or  tack  bur,  use  of,  p.  1994. 

Buoy,  mooring  vessel  to,  p.  1998. 

Buoy,  removal  of,  p.  1998. 

Buoys  or  beacons.  Injuring  or  removing,  p.  1998. 

Butter  and  cheese,  deception  in  manufacture  and  sale  of,  p.  2004. 

Butter,  sale  of  short-weight  rolls  of,  p.  1999. 

Deer,  destruction  of  on  Mt.  Diablo,  p.   2047. 

Drugs  or  poisons,  giving  to  animals,  p.  1995. 

Drunkard,  selling  liquors  to,  p.  2053. 

Disinterment  of  dead  bodies,  without  lawful  permit,  p.  2099, 

Employment  agent,  when  guilty  of,  p.   2031. 

Exhuming,    removing,    or    transporting   bodies    of    deceased    persons 
without  lawful  permit,  p.  2099. 


INDEX  TO  APPENDICES.  2165 

MISDEMEANOR    (continued). 

Fences,  leaving  open,  p.  2038. 

Gas,  turning  off  at  meter,  p.  2048. 

Grand  Army,  wearing  badge  of,  p.   2049. 

Honey,  adulteration  of,  p.  1983. 

Inclosurcs,  leaving  open,  p.  2038. 

Injury  to  growing  tt-ees  in  counties  of  Fresno,   Tulare,   or  Kern,  p. 
2050. 

Intoxicating  liquor,  sale  of  to  i)ersons  addicted  to  use  of,  p.  2053. 

Misrepresentations  of  conditions  of  employment,  p.  2078. 

Mocking-birds,    capture    or    destruction    of    birds    or    their    nests,   p. 
2047. 

Mooring  vessel  to  buoy  or  beacon,  p.  1998. 

Mt.   Diablo,  destruction  of  deer  on,  p.   2047. 

Officer   becoming   intoxicated,   p.   2079. 

Olive-oil,  selling  imitation,  p.  2085. 

Passage,  tickets  for  foreign  country,  refusal  to  sell,  p.  2030. 

Subterranean  waters,  waste  of,  p.  1996. 

Water,  subterranean,  wasting,  p.   1996. 
MOCKING-BIRDS. 

Capture  or  destruction  of,  a  misdemeanor,  p.   2047. 

Nests,  injury  to  a  misdemeanor,  p.  2047. 
MONO   COUNTY. 

Acts  increasing  number  of  superior  judges  in,  p.  1956. 
MORTGAGE. 

Fees  in  foreclosure  of,  to  be  fixed  by  court  in  all  cases,  p.  1962, 
MT.  DIABLO. 

Deer  on,  act  to  prevent  destruction  of,  p.  2047. 
MUNICIPAL,   CORPORATION. 

Fares  on  railroads  in  cities  over  100,000,  act  limiting,  p.  1930. 

Franchises,    acts    relating   to    sale    of    and    governing    conditions    of 
sale,  p.   1932. 
MUTUAL  FIRE  INSURANCE  COMPANIES. 

Act  providing  for  organization  and  management  of,  p.  1917. 
NATIONAL   BANKS. 

Examination  of,  by  superintendent  of  banks,  p.  1869. 
NATIONAL  GUARD. 

Act  regarding  organizations,  officers,  and  members  of,  p.  1842. 

Act  to  establish  camp  of  instruction  for,  p.  1841. 

Act    to    provide    for    independent    and    unattached    companies    of,    p. 
1841. 

Holding  of  encampments  of,  p.  1842. 
NAVIGATION. 

Protection  of  buoys  and  beacons,  p.  1998. 
NEVADA  COUNTY. 

Protection  of  game  in,  p.  2047. 


2166  INDEX  TO  APPENDICES. 

OATH. 

By  trust  companies,  how  taken,  p.  1877. 
OFFICES  AND  OFFICERS. 

Act  making  women  eligible  to  educational  offices,  p.  1842. 

Candidates  for  office,  act  to  prevent  extortion  from,  p.  2028. 

Intoxication  of  officers,  punishment  of,  p.   2079. 

State  board  of  examiners,  act  prescribing  duties  of,  p.  1843. 

State   controller,  act  prescribing  duties   of,  p.    1843. 

State  treasurer,  act  prescribing  duties  of,  p,  1843. 
OILS. 

Act  to  prevent  adulteration  of,  p.  1982. 
OLIVE-OIL.. 

Sale  of,  act  regulating,  p.  2079. 
ORPHAN  ASYLUM. 

Guardians  for  infants  maintained  in,  p.  1911. 
PAINTS. 

Act  to  prevent  adulteration,  p.  1982, 
PARDON. 

Parole  of  prisoners,  acts  relating  to,  pp.  2141,  2142. 
PAROLE. 

Act  establishing  board  of  parole  commissioners,  p.  2141. 

Act  establishing  parole  commissions  for  counties,  p.   2142. 

Government  of  parole  prisoners,  act  relating  to,  p.  2141. 

Parole  commissioners  for  counties,  p.  2142. 
PENSIONS. 

Act  creating  for  members  of  fire  department,  p.  1830. 

County  clerk  to  take  affidavits  of  claimants  without  fee,  p.  1782. 

Police  relief,  health,  and  life  insurance  and  pension  fund,  p.  2088. 
PHYSICIAN. 

Coroners'  inquests,  attendance  at  and  compensation  of,  p.  2010. 
PIECE  CLUBS. 

Formation   of  prohibited,  p.   2028. 
PIGMENTS. 

Act  to  prevent  adulteration  of,  p.  1982. 
PILOTS. 

Act  relating  to  pilots  and  pilot  regulations,  p.  1846. 

Appointment,  duties,  and  compensation  of  pilots,  p.  1846. 
PLEADING. 

Burnt  or  destroyed  records,  restoration  of,  act  releasting  to,  pp.  1943, 
1948. 
POISON. 

Animals,  act  to  prevent  giving  of,  to,  p.  1995. 

Sale  of  poisonous  substances,  act  regulating,  p.  2082. 
POLICE, 

Extra  police-officers,  appointment  and  compensation  of,  p.  2095. 

Hours  of  service  of,  p.  2097. 

Increase  of  police  force,  p.  2095. 


INDEX  TO  APPENDICES.  »1«7 

POLICE    (continued). 

Number  of,  limit  on,  p.  2095. 

Railroad  and  steamship  companies,  appointment  of  police  to   serve 
on,  p.  2098.  • 

Relief,  health,  and  life  insurance  and  pension  fund,  p.  2088. 

Salaries  of  chiefs,  captains  of  police  and  police-officers  In  cities  of 
certain  sizes,  p.  2095. 

Senior  rights  of  members  of  paid  police  departments,  act   relating 
to,  p.  2098. 

Yearly  vacations  to  be  granted  members  of,  p.  2096. 
POLICE  COLRT. 

Act  transferring  records  and  proceedings  to,  p.   1963, 
POSSE   C03HTATUS. 

Supervisors  authorized  to  pay  costs  and  expenses  of,  p.  2142. 
PREFERENCE. 

Depositors  in  departmental  bank  in  assets  of  department,  p.  1864. 

Depositors  over  stockholders,  p.  1863. 
PRE3IIUM. 

On  bonds  of  officers,  city,  county,  or  state  to  pay,  p.  1781. 
PRESIDENT. 

Assault  upon,  a  felony,  p.  2007. 

Conspiracy  to  commit  any  crime  against,  a  felony,  p.  2007. 
PRESTON  SCHOOL  OF  INDUSTRY.  See  School  of  Industry. 
PRIMARY  ELECTIONS.     See  Elections. 

Act  Of  1909  relating  to,  p.  1782. 
PRISONER. 

Costs  of  trial  of  convicts  for  crimes  committed  In  prison,  p.  2141. 

Costs  of  trial  of  escaped  convicts,  payment  of,  p.  2141. 

Employment  of  prisoners  in  constructing  roads,  p.  2140. 
PRISONS. 

Coroners'  inquests  in,  expenses  of,  payment  of,  p.  2141. 

Folsom,  employment  of  prisoners  in  completion  of  road,  p.  2140. 

Folsom,  rock-crushing  plant,  act  relating  to,  p.  2134. 

Hemp,  directors  authorized  to  purchase  to  make  into  bags,  p.  2137. 

Jute  and  jute  goods,  directors  authorized  to  insure,  p.  2139. 

Jute  bags,  price  at  which  to  be  sold,  p.  2138. 

Jute,  prison   directors   authorized   to   fix   the  price,   terms,   and   con- 
ditions of  sale  of  jute  bags,  p.  2138. 

Jute,   offenses  under  act  relating  to   sale  of  jute  bags,  punishment 
of,  p.  2138. 

Parole  of  prisoners,  pp.  2141,   2142. 

Rock-crushing  plants  at,  p.  2131. 

San  Quentin,  employment  of  prisoners  In  completion  of  road,  p.  2140. 
PROCESS. 

Act  concerning  execution  of  final,  p.  1962. 

Act  validating,  in  absence  of  lawful  seal,  p.  1963. 


2168  INDEX  TO  APPENDICES. 

PROTECTIVE   ASSOCIATIONS. 

Act  validating  acknowledgments  by,  p.   1853. 
PUBLIC  ADMINISTRATOR. 

Coroner  to  act  as,  when,  p.  1963. 

Deposit  of  money  by,  withdrawal  of,  and  discharge  of,  p.  1901. 
PUBLIC  CEMETERY  DISTRICTS.     See  Cemetery. 
PUBLIC  HEALTH. 

Exhumation  and  removal  of  dead  bodies,  regulation  of,  p.  2099. 
PURITY   OP  ELECTIONS   ACT, 

Repeal  of,  p.   1808. 
RAILROAD   C03IMISSI0N. 

Act  defining  powers  and  duties  of  commissioners  of   transportation, 

p.  1930. 
Act   providing  for   organization   of  and   defining  powers   and   duties 

of.  p.  1930. 
RAILROADS. 

Act    defining    offenses    by    transportation    companies,    their    officers, 

employees  and  other  persons,  and  providing  penalties,  p.  1930. 
Act  providing  for  time  for  completion  of  roads,  p.  1929. 
Commissioners  of  transportation,  act  relating  to,  p.  1930. 
Commissioners,    railroad,    act    organizing    and    defining    powers    of 

board,  p.  1930. 
Completion  of  road,  act  authorizing,  p.  1929. 
Franchise,    statute   limiting   time   within   which   may    be   granted,   p. 

1931. 
Franchise,  statutes  relating  to  sale  of  and  governing  conditions  of 

sale,  p.  1932. 
Franchise,  statute  validating  ordinances  granting,  p.  1929. 
Mail   carriers  to  ride  free  on  street-cars,  p.   1932. 
Police,  appointment  of  to  serve  on,  p.  2098. 
REAL  PROPERTY. 

Burnt  records,  establishing  title  in  case  of,  pp.  1943,  1948. 
Burnt  records,  filing  notice  of  ownership  in  case  of,  p.  1948. 
Notice  of  ownership,  filing,  where  records  burnt,  p.   1948. 
RECEIVER. 

Corporation,  statute  authorizing,  to  act  as,  p.   1900. 

Deposit  of  money  In  trust  company  and  discharge  from  liability,  p. 

1901. 
Deposit  of  personal  assets  in  trust  company  and  reduction  of  bond, 

p.  1901. 
Statute  authorizing  corporation  to  act  as,  p.  1900. 
RECORDS  OR  DOCUMENTS. 

Act  as  to  quieting  title  in  case  of  burnt  or  destroyed,  pp.  1943,  1948. 
Act    transferring    records    of    old    courts    to    courts    created    by    new 

constitution,  p.  1963. 
Burnt,  restoration  of,  p.  1950. 


INDEX  TO  APPENDICES.  2169 

RESTORATION. 

Of  burnt  or  destroyed  records  or  documents,  p.  1950. 
RESTRAINING   ORDERS. 

Use   of  term,   how   limited,   in   disputes   between   employers   and   em- 
ployees, p.  2006. 
ROCK-CRUSHING  PLANTS. 

At  the  state  prisons,  acts  concerning-,  pp.   2131,  2134. 
RURAL.  CEMETERY  ASSOCIATIONS. 

Act  to  authorize  incorporation  of,  p.  1896. 
SACRAMENTO  COUNTY. 

Act  increasing  number  of  superior  judges  in,  p.  1956. 
SAFE  DEPOSIT. 

Right  of  bank  to  conduct,  p.  1865. 
SALARY. 

Justice's  clerk's  assistants',  in  cities  and  counties  over  two  hundred 
thousand,  p.  1958. 

Of  justices  of  the  peace  in  cities  and  towns,  p.  1960. 

Treasurer,    deputies    and    clerks    in    certain    cities    and    counties,    p. 
1850. 
SAN  ANTONIO  CREEK. 

Fish  not  to  be  caught  by  seines,  nets  nor  weirs  in,  p.  2043. 
SAN  BERNARDINO  COUNTY. 

Act  increasing  number  of  superior  judges  in,  p.  1956. 
SAN  DIEGO  COUNTY. 

Act  increasing  and  decreasing  number  of  superior  judges  in,  p.  1956. 

Act  relating  to  pilots  and  pilot  regulation  for,  p.  1846. 

False   Bay,  act   to   prevent   fishing   by   means    of   weirs,    dams,    nets, 
traps  or  seines  in,  p.  2042. 
SAN  FRANCISCO. 

Free    market,    act    authorizing    harbor    commissioners    to    establish, 
pp.  1837,  1838. 

Justice's  clerk  and  assistants  in,  act  relating  to,  p.  1958. 

Italian  interpreter  in,  p.  2051. 

Notary  for,  to  reside  at  Yerba  Buena  Island,  p.  1847. 

Service  of  summons  issued  from  justices'  courts  in,  p.   1960. 

Stenographer  in,  for  coroner,  p.  2009. 
SAN  JOACIUIN  COUNTY. 

Act  increasing  number  of  superior  judges  in,  p.  1956. 
SAN  LEANDRO  CREEK. 

Fishing  in   forbidden,  p.   2044. 
SAN  LUIS  OBISPO  COUNTY. 

Act  increasing  and  decreasing  number  of  superior  judges  in,  p.  1956. 
SAN  PEDRO. 

Act  relating  to  pilots  and  pilot  regulations  for  bay  of,  p.   1846. 
SANTA  CLARA  COUNTY. 

Act  increasing  number  of  superior  judges  in,  p.  1957. 


2170  INDEX  TO  APPENDICES. 

SCHOOL  OF  INDUSTRY  (PRESTON).     See  Juvenile  Courts;  School  of 
Reform. 

Commitment  to,  p.  2055,  2128. 

Establishment  of,  p.  2102. 

Maintenance  of,  p.  2102. 

Management  of,  p.  2102. 

Powers  of  judge,  p.  2128. 

Procedure,  p.  2128. 
SCHOOL  OF  REFORM  (WHITTIER).     See  Juvenile  Courts;  School  of 
Industry. 

Commitment  to,  pp.  2055,  2128. 

Commitment  to,  by  juvenile  court,  p.  2055. 

Establishment,  maintenance,  and  government  of,  p.  2112. 

Judge,    powers    of,   p.    2128. 

Maintenance  of  inmates  and  liability  for,  p.  2112. 

Procedure  on  commitments  to,  p.  2128. 
SCHOOLS. 

Women  eligible  to  educational  ofHces,  p.  1842. 
SEAL. 

Want  of,  not  to  affect  validity  of  writs,  process,  etc.,  when,  p.  1963. 
SECRETARY. 

Federal  executive,  offenses  against,  punishment  of,  p.  2007. 

Of  superior  court,  in  certain  cities  and  counties,  p.  1954. 
SEDUCTION. 

Act  to  punish,  p.  2130. 

Punishment    of,   p.    2130. 
SHASTA  COUNTY. 

Increasing  number  of  superior  judges  for,  p.  1957. 
SHERIFF'S  FEES. 

In  proceedings  to  commit  to  School  of  Industry,  p.  2111. 
SHIPPING. 

Buoy  or  beacon,  mooring  vessel  to,  a  misdemeanor,  p.  1998. 

Buoy  or  beacon,  removing,  or  injuring,  punishment  of,  p.  1998. 

Buoys  and  beacons,  protection  of,  p.  1998. 
SLANDER. 

Undertaking  for  costs  in,  p.  1961. 
STATE 

Acts  relating  to  suits  against,  p.  1847. 

Claims  against  by  counties,  act  authorizing  settlement  of,  p.  1847. 

Fish  law,  costs  of  trial  of  persons  violating,  to  be  borne  by  state, 
p.  2040. 

Proceeding  against,  act  authorizing,  pp.  1965,  1967,  1968. 
STATE  ANALYIST. 

Appointment,  powers,  and  duties  of,  p.  1848. 
STATE  BOARD  OF  EXAMINERS. 

Act  prescribing  certain  duties  of,  p.  1843. 


INDEX  TO  APPENDICES.  2171 

STATE  CONTROL,I.ER. 

Act  prescribing  certain  duties  of,  p.  1843. 
STATE  DRAINAGE  CONSTRUCTION  FUND. 

Transfer  of  moneys  in,  p.  1850. 
STATE  LABORATORY. 

For  foods,  drugs,  and  liquors,  act  relating  to,  p.  1983. 
STATE  LAND. 

Quieting  title  against  state  to  lands  sold  by  state,  p.   1968. 
STATE  PRISONS.     See  Prisons. 
STATE   TREASURER, 

Act  prescribing  certain  duties  of,  p.  1843. 
STATE   VETERINARIAN. 

Act  creating,  p.  1993. 
STATUTE  OF  LIMITATIONS. 

Of  action  against  state  to  quiet  title  to  lands  sold  by  it,  p.  1968. 
STEAMBOAT. 

Police,  appointment  of  to  serve  on,  p.  2098. 
STENOGRAPHER. 

Employment  of,  for  governor,  p.  1833. 
STOCKHOLDERS. 

List  of,  to  be  accessible,  p.  1861. 
STREET-RAILWAY  CORPORATION. 

Completion  of  road,  act  authorizing,  p.  1929. 

Fare  in  cities  over  100,000,  act  limiting  rate  of,  p.  1930. 

Franchise,  acts  relating  to  sale  of  and  governing  conditions  of  sale, 
p.  1932. 

Franchise,  limitation  of  time  within  which  may  be  granted,  p.  1931. 

Franchise,  statute  validating  ordinance  granting,  p.  1929. 

Mail  carriers  to  ride  free  on,  p.   1932. 

Rates  of  fare,  p.  1930. 
SUBPOENAS. 

Fee  for  service  by  person  other  than  sheriff,  p.  1952. 
SUMMONS. 

Fee  for  service  by  person  oth«r  than  sheriff,  p.  1952. 

State,  action  to  quiet  title  against,  upon  whom  served,  p.  1966. 
SUPERIOR   COURTS. 

Increasing  or  decreasing  number  of  judges  of,  p.  1955. 

Secretary  of,  in  certain  counties,  p.  1954. 
SUPERIOR  JUDGES. 

Have  exclusive  power  to  commit  to  Whittier  and  Preston  schools, 
p.  2128. 

Number  of,  in  particular  counties,  acts  relating  to,  pp.  1954-1957. 

Secretary  of,  in  certain  counties,  p.  1954. 
SUPERVISORS. 

Franchise,  act  limiting  time  within  which  may  be  granted,  p.  1931. 

Franchise,  act  relating  to  sale  of  and  governing  conditions  of  sale, 
p.  1932. 


2172  INDEX  TO  APPENDICES. 

SUPERVISORS    (continued). 

Franchise,  act  validating  ordinance  granting-,  p.   1929. 

Posse  comitatus,  autliorized  to  pay  expenses  of,  p.   2142. 

Rates  for  water  sold  for  irrigation,  may  fix,  p.   1936. 
SUPREME  COURT  COMMISSIOIV. 

Creation  and  abolition  of,  p.  1968. 
SURETY. 

Corporation  accepted  as  sole  surety  when,  and  when  not.  p.  1900. 

Corporation  as,  duty  of  insurance  commissioner,  p.  1896. 
SURETY  COMPANIES. 

City,   county,   or   state   to   pay   premium   on    official    bonds   given    by, 
p.  1781. 
SURGEON. 

Attendance  at  coroner's  inquest  and  compensation  of,  p.  2110. 
SUTTER  COUNTY. 

Separate    judges    for   Sutter   and    Yuba    counties,    act    providing   for, 
p.  1957. 
SYRUP. 

Adulterated,  sale  of,  prohibited  and  punished,  p.  1971. 
TITUE. 

Establishing,    to    realty    where    records    burnt,    act    relating    to,    pp. 
1943,  1948. 
TRADE-MARK. 

Statute   for  protection  of  owners   of  bottles,  boxes,   siphons,   etc.,  p. 
1933. 
TRANSPORTATION. 

Commissioners  of,  act  relating  to,  p.  1930. 
TREASURER. 

Act  prescribing  certain  duties  to  be  performed  by,  of  state,  p.  1843. 

Act    requiring   payment    into    treasury    of   all    moneys    belonging    to 
state,  p.  1850. 

Deputies  and  clerks  In  certain  cities,  and  cities  and  counties,  p.  1850. 

Deputies  and  clerks  in  certain   cities  and  counties,   appointment   of, 
p.  1850.  » 

Deputies   and    clerks    in    certain    cities    and    counties,    salaries    of,   p. 
1850. 

Funds,   acts  authorizing  transfer  of  by,  p.   1850. 

Salaries   of  deputies  and   clerks   in   certain   counties,   and  cities   and 
counties,  p.  1850. 
TRESPASS. 

Hunting  on  inclosed  land,  act  to  prevent,  p.   2038. 

Tearing  down  fence  to  make  passage  through  inclosure,  p.  2038. 
TRUSTEES. 

Corporation,  deposit  of  funds  with,  and  reduction  of  bonds,  p.   1901. 

Corporation,  statute  authorizing,  to  act  as,  p.  1900. 
TRUSTS. 

Act  authorizing  corporation  to  act  as  trustee,  p.  1900. 


INDEX  TO   APPENDICES.  2173 

TRUSTS    (continued). 

Act  reg-ulating  administration  of,  by  corporation,  p.  1900. 

Corporation,  act  authorizing   to  act   as    executor,   p.    1900. 

Deposit  in  bank   or  trust   company  and   discharge  from   liability,  p. 
1901. 

Deposit  in  trust  for  another,  rights  under,  p.  1860. 

Deposit  of  assets  in  trust  company  and  reduction  of  bond,  p.  1901. 

Deposit    of   money    in    trust    company    and    discharge    of    trustee,    p. 
1901. 

Deposit  of  personal  assets  in  trust  company  and  reduction  of  bonds, 
p.  1901. 

Live-stock,  combinations  to  obstruct  sale  of,  prevented,  p.  1853. 
TLILARE  COUNTY. 
•      Acts  increasing  and  diminishing  number  of  superior  judges,  p.  1957. 

Act  to  protect  growing  trees  in,  p.  2050. 
UNDERTAKING. 

Costs  in  libel  and  slander,  to  cover,  p.  1961. 
UNION  LABOR.    See  Labor  Unions. 
UNITED  STATES  FLAG. 

Desecration  of  prohibited,  p.  2046. 
UNITED  STATES  JUDGES. 

Offenses  against,  p.  2007. 
VARNISHES. 

Act  to  prevent  adulteration  of,  p.  1982. 
VETERANS. 

Unlawfully  wearing  badge  of  grand  army,  punishment  of,  p.  2049. 
VETERINARIAN. 

State,  act  creating,  p.  1993. 
VICE-PRESIDENT. 

Offenses  against,  p.  2007. 
WAGES. 

Of  mechanics  and  laborers  employed  by  corporations,  act  providing 
for  payment  of,  pp.  1897,  1898. 
WATER. 

Artesian    wells,   act  preventing    waste,   and   flow    of   water    from,    p. 
1996. 

Subterranean,  regulating  use  of  and  preventing  waste  of,  p.  1996. 
WATER  COMPANY. 

Rates  of  water  sold  for  irrigation,  supervisors  may  flx,  p.  1936. 

Sale,  rental,  and  distribution  of  water  other  than  in  cities,  act  relat- 
ing to,  p.  1936. 
WARRANTS. 

Act  prescribing  duties  of  state  ofBcers  in  relation  to,  p.  1843. 
WELLS. 

Regulating    use    and    preventing    waste    of    subterranean    water,    p. 


2174  INDEX  TO  APPENDICES. 

WHARVES. 

Private,  repair  of,   by  state  harbor  commissioners,  p.   1840. 
WHITTIER  STATE  SCHOOL.    See  Juvenile  Courts;  School  of  Reform. 
WILMINGTON. 

Act  relating  to,  pilots  and  pilot  regulations  for  port  of,  p.  1846. 
WINE. 

Act  to  establish  uniform  nomenclature  for  pure  wines,  p.  1977. 

Acts  to  prevent  deception  in  manufacture  and  sale  of,  p.  1977. 

Fraud  in  manufacture  and  sale  of  prohibited,  p.  1971. 

Sophistication  and  adulteration  of  prohibited,  p.  1971. 
W^ITNESSES. 

Interpreter,  Italian,  appointment  and  compensation  in  certain  cities, 
p.  1957. 
W^OMEN. 

Eligible  to  educational  offices,  p.  1842. 
W^ORDS  AND  PHRASES.    See  Definitions. 
WRITS. 

Act  validating,  in  absence  of  lawful  seal,  p.  1963. 
YUBA  COUNTY, 

Separate  judges  for  Sutter  and  Yuba  counties,  p.  1957. 


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